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HomeMy WebLinkAboutGamblin, Michael AZ RZMERIDIAN CITY COUNCIL MEETING: APRIL 18.1995 APPLICANT ITEM NUMBER; 4 REQUEST; ORDINANCE #702 - GAMBLIN REZONElR-8 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ,~ j 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: A! Materials presented at public meefings shah become property of the City of Meriden. ORDINANCE NO. 702 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to R-8 Residential, for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land in West half of the Southeast quarter of the Southwest quarter of Section 1 of Township 3 North and Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as beginning 280 feet West of the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of said Section 1; THENCE North, 120 feet to the REAL POINT OF BEGINNING; THENCE North, 210 feet; THENCE West, 120 feet; THENCE South, 210 feet; THENCE East, 120 feet to the REAL POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to R-8 Residential and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 1 adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, and the Uniform Building, Electrical, and Plumbing Codes and shall meet the following conditions: a. That the homes constructed in the R-8 District shall be only be single family detached homes with one home on each lot. b. That the homes shall meet the R-4 size requirement of 1,400 square feet so that they are more compatible with the other homes that front on Leisure Lane. c. That the Applicant shall subdivide the land and submit a subdivision plat far the entire area, including the property recently rezoned to Limited Office, showing how the property is to be developed. d. That no building permits shall be issued until the above requirements are met. e. That the Applicant shall connect to Meridian sewer and water and meet the requirements of the City Engineer for those connections and extension of the sewer and water lines. f. That the Applicant shall meet the twenty foot landscape strip required under 11-9-605 G. g. That the Applicant shall file an application for a variance if he does not desire to meet the set back requirements of the Zoning Ordinance. h. The Applicant shall enter into a development agreement with the City. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-8. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 2 as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~~ day of April, 1995. APPROVED: OR -- G T P. G ORD \ \\\5,5~!lulllilr/JJ J, ~ i i~ ATTES ~`\ ~C~~'~RP~TFO ti //~- ,,oo ; CITY CLERK -- WILLI G BERG, JR. _ 9 0~ G~~ ':gyp Sr~s~• .r,~, ~~ '9 O~ .~ JJJ//17111t1lt11 STATE OF IDAHO,) ss. County of Ada, ) I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 702 , b~ the City Council and Mayor of the City of Meridian, on the f~ day of April, 1995, as the same appears in my office. \\`\5~\,,,,,,,,,,~fJJJ~ DATED this ~~day of April, 1995. ~~~~~`~~'~ ~~ ~~~`~~~q~~%,~ ~~ C~' \}~pEiPORq T~~ `~ City Clerk, City ri n ;,~~ /_ __ Ada County, Idaho ~~ yo ~'s,`r ~sy; % ;fti;..: ~ .. '~~~''~e~U'PvTY ,~~~,~~~. REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 3 STATE OF IDAHO,) ss. County of Ada, ) On this ~ day of April, 1995, before me, the undersigned, a Notary Public in and for said State., personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•° G E L • r°w '•. - ~~~~~. c+F~~,.;~_ ~ 'iii SEAL ~ ~ ~O~ ' ~''e'° ff$ . ,''~l~~F ®~~~Q,, //~~t,I O~'i,t~\ .ry Public for Idaho ding at Meridian, Idaho y c.oarw„ss;cn e~'rirPS ae/a~~y9 REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 4 MERIDIAN CITY COUNCIL MEETING: APRIL 4.1995 APPLICANT ITEM NUMBER; 3 REQUEST; ORDINANCE #698 - GAMBLIN REZONE/L-0 A ENCY COMMENTS 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: All Materials presented at public meetings shall become property of the City of Meridian. ORDINANCE NO. 698 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to Limited Office (L-O), for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land in West half of the Southeast quarter of the Southwest quarter of Section 1 of Township 3 North and Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as beginning 280 feet West of the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of said Section 1; THENCE North, 40 feet to the REAL POINT OF BEGINNING; THENCE North, 80 feet; THENCE West, 120 feet; THENCE South, 80 feet; THENCE East, 120 feet to the REAL POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to Limited Office (L-O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 1 referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, and the Uniform Building, Electrical, and Plumbing Codes. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of April, 1995. APPROVED: MAYOR -- GRANT P. RINGSFORD ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 2 .. STATE OF IDAHO,) ss. County of Ada, ) I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 698 by the City Council and Mayor of the City of Meridian, on the day of April, 1995, as the same appears in my office. DATED this day of April, 1995. STATE OF IDAHO,) • ss. County of Ada, ) City Clerk, City of Meridian Ada County, Idaho On this day of April, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 3 MERIDIAN CITY COUNCIL MEETING: APRIL 4.1995 APPLICANT MICHAEL GAMBLIN ITEM NUMBER; 2 REQUEST; AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST AG NCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONLCUSIONS OF LAW 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: III Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL MICHAEL GAMBLIN REZONE NE CORNER OF LEISURE LANE AND CHERRY LANE MERIDIAN, .IDAHO FINDINGS OF FACT AND CONCLtJ3ION3 The above entitled matter having come on for public hearing March 21, 1995, at the hour of 7:30 o'clock p.m., the Applicant, Michael Gamblin, appearing, the City Council 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 and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 21, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 21, 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 is located within the City of Meridian and the Applicant is not the owner of record of the property, but the owners of record are Edson A. Fujii and Patricia A. Fujii, and they have consented to the rezone request and which property is GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 1 described- in the application which description is incorporated herein; that the property is now zoned R-4. 3. That the Applicant proposes to now have the property zoned R-8 Residential and Limited Office, and he submitted legal descriptions for the property to be zoned each requested zone. 4. That the proposed land use would be for light offices in the L-O zone and single family residences in the R-8 zone. 5. That the Applicant stated in his application that the characteristics that make the rezone desirable are that it is consistent with the growth pattern down Cherry Lane; that the property to the east is a day care; that everything else with Cherry Lane frontage is business, office or commercial; that the land already has paved parking for fifteen cars; that the single family request is consistent with the complexion of the surrounding neighborhood; and the Application states that the proposed land use is for light office use and single family residences. At the Planning and Zoning Public Hearing Mr. Gamblin stated that the use would be for office and single family residences; that he had no objections to the staff reports; and that he wants to "mirror" the dental office which is nearby. At the City Council Public Hearing Mr. Gamblin stated that the sewer was not deep enough to allow sewer to be extended (to serve what he desired to develop residentially) down Leisure Lane from the south side, from Cherry Lane, so that it will make it difficult, if not impossible to subdivide into residential lots; that the City had told him that sewer could be brought in from the north but that would take the GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 approval of all of the land owners, or the majority, along Leisure Lane, which he was not requesting to do; that after testimony at the hearing, reflected below, Mr. Gamblin stated that the sewer problems did not involve that portion of the land that he desired to be rezoned to Limited Office; that the purpose of the R-8 rezone was to have the narrower lots with single family dwellings and would be like the lots on 11th Street where the women, who were testified for, live; that if that property was not rezoned to L-O prior to the proposed time when an Ordinance would be passed and legal, his transaction could not be completed. That the City Council decided to approve the Findings of Fact and Conclusions of Law prepared by the Planning and Zoning Commission, as they pertain to the land to be rezoned to L-O, and directed the City Attorney to prepare an ordinance rezoning that portion of the land requested to be rezoned to L-O and deal with the residential portion in the normal procedure. 6. That there were people testifying at the City Council Public Hearing; the people testifying and a summary of their testimony is as follows: 1. John Longden testified that he had concern about the rezone from R-4 to R-8 on the residential lots; that R-4 allows for single-family dwellings on the land; that he had no objections to the L-O in front for the light office, but he had objection to the City water and sewer going down Leisure Lane at this time without being consulted prior as to the conditions of it. 2. Karol Walker testified that she wanted Guy Walker to testify for her. 3. Guy Walker testified that he, and some ladies that own property on 11th Street, wanted to know what was allowed GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 in the R-8 zone; that they do not have any real objection to the limited office use; they did have an objection to it all at this time because there was no plan presented for development and the rezone was therefore premature; that they did not desire duplexes or two story structures. Be also stated that he represented Linda Paddock and she objected to the R-8 zoning but not to the limited office. A letter from Linda Paddock was offered at the end of the hearing. 7. That the property is presently used for a single family residence. 8. That the R-8 District and the L-O District are described in the Zoning Ordinance, 11-2-408 B. 4 and 7 as follows: ~x-a~ Mr;L1UM LEN~l'1'Y RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. (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 systems of the City of Meridian is a requirement in this district. 9. That the property along Leisure Lane is used for residential purposes with approximately one acre lots; that the property to the south is the Meridian Middle school; that the other properties in the area are almost all residential. GAI~BLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 10. Gary Smith, City Engineer, and Bruce Freckleton, Assistant to Gary Smith, commented and their comments are incorporated herein as if set forth in full; that their major points were that off-street parking, landscaping, drainage, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414; that all signage shall be in accordance with 11-2-415; that any existing wells and/or septic systems will have to be removed but that wells may be used for non- domestic purposes such as landscape irrigation; and that any existing irrigation or drainage ditches crossing the property shall be tiled and that tiling plans shall be approved by the -Nampa & Meridian Irrigation District or a lateral users association; and that the City owns and maintains sewer and water mains adjacent to the south of the site, that they are stubbed into Leisure Lane, that Applicant will be required to extend the stubs in Leisure Lane to serve this site, and that easements will need to be granted to the City since Leisure Lane is a private street. Additionally assessment fees will be determined during the building. review process. That City Engineer, Gary Smith, submitted comment dated January 27, 1995, that if Applicant wishes to subdivide a portion of the property for residential or other approved uses a subdivision plat needs to be prepared, showing an acceptable width of public right-of-way; Bruce Freckleton stated at the City Council Hearing that Leisure would need to brought up to current standards to allow R-8 development; that sewer could not be provided from Cherry Lane to Leisure Lane and sewer would have to come from the GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Paae 5 north and not from the south, from Cherry Lane. 11. The Meridian Planning Director, Shari Stiles, commented that the Applicant has requested a variance to the rear set back to allow a fifteen foot set back; that a development agreement should be required as a condition of the rezone; and that a detailed site plan must be submitted and approved prior to occupancy to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc. She also stated that no development plans had been submitted. 12. That the Ada County Highway District comments were submitted and they are incorporated herein as if set forth in full; that ACRD stated that its specific site requirement was that access to Cherry Lane shall be limited to one curb return approach with a maximum width of 30-feet. 13. That comments were received from the Meridian Police Department, Fire Department, Central District Health Department, Meridian School District, Central District Health Department and Idaho Power Company; that such comments are incorporated herein by this reference. 14. That under COMMUNITY DESIGN, at Page 72, Cherry Lane is listed as an Entryway Corridor; that the Entrance Corridors Goal Statement is to promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian, and under Policies, Page 73, it states as follows: 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 corridors. 15. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 16. That proper notice has been given as required by law and all procedures before the City Council have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the 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 or conditional use. 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 GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 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 or 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 and R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan if the restrictions stated herein are met and complied with. (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 and R-8 Districts, would apparently be designed and constructed to be harmonious with the surrounding area, which is developed in a residential fashion. (d) The L-O and R-8 uses would not be hazardous to the existing or future uses of the neighborhood. (e) L-O and R-8 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. (g) Development in the L-O and R-8 districts would produce GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 only a minimum traffic increase during the week with the heaviest seen on 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 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 City Engineer, Planning and Zoning Administrator, and the Ada County Highway District shall be met and complied with, including that a development agreement shall be required as a condition of the rezone. 9. It is further concluded that the rezone of the front portion of the property, the southern portion, should be rezoned from R-4 to Limited Office and that the back portion of the property, the northern portion, should be rezoned from R-4 to R-8. 10. That since conditions may be placed on an application when granting a rezone, the following conditions are placed on the Application and the property: a. That the homes constructed in the R-8 District shall be only single family detached homes with one home on each lot. GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Paae 9 b. That the. homes shall meet the R-4 size requirement of 1,400 square feet so that they are more compatible with the other homes that front on Leisure Lane. c. That the Applicant shall subdivide the land and submit a subdivision plat for the entire area showing how the property is to be developed. d. That no building permits shall be issued until the above requirements are met. e. That the Applicant shall connect to Meridian sewer and water and meet the requirements of the City Engineer for those connections and extension of the sewer and water lines. f. That the Applicant shall meet the twenty foot landscape strip required under 11-9-605 G. g. That the Applicant shall file an application for a variance if he does not desire to meet the set back requirements of the Zoning Ordinance, which if granted, would allow him -not to meet the set back requirements. h. The Applicant shall, as above stated, enter into a development agreement with the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council of the City Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED, MAYOR KINGSFORD (TIE BREAKER) VOTED, GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 s t a DECISION The Meridian City Council hereby decides that the rezones requested by the Applicant for the property described in the application are approved with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 R MERIDIAN CITY COUNCIL MEETING: APRI 18 1995 APPLICANT ITEM NUMBER; 4 REQUEST; ORDINANCE #702 GAMBLIN REZONF~/R-8 AGE CY 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 ~~~' Up~~}i All Materials presented at public meetings shall become property of the City of Meridian. ORDINANCE NO. 702 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to R-8 Residential, for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land in West half of the Southeast quarter of the Southwest quarter of Section 1 of Township 3 North and Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as beginning 280 feet West of the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of said Section 1; THENCE North, 120 feet to the REAL POINT OF BEGINNING; THENCE North, 210 feet; THENCE West, 120 feet; THENCE South, 210 feet; THENCE East, 120 feet to the REAL POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to R-8 Residential and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 1 adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, and the Uniform Building, Electrical, and Plumbing Codes and shall meet the following conditions: a. That the homes constructed in the R-8 District shall be only be single family detached homes with one home on each lot. b. That the homes shall meet the R-4 size requirement of 1,400 square feet so that they are more compatible with the other homes that front on Leisure Lane. c. That the Applicant shall subdivide the land and submit a subdivision plat for the entire area, including the property recently rezoned to Limited Office, showing how the property is to be developed. d. That no building permits shall be issued until the above requirements are met. e. That the Applicant shall connect to Meridian sewer and water and meet the requirements of the City Engineer for those connections and extension of the sewer and water lines. f. That the Applicant shall meet the twenty foot landscape strip required under 11-9-605 G. g. That the Applicant shall file an application for a variance if he does not desire to meet the set back requirements of the Zoning Ordinance. h. .The Applicant shall enter into a development agreement with the City. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-8. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 2 as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of April, 1995. APPROVED: OR -- G T P . G ORD ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. STATE OF IDAHO,) ss. County of Ada, ) I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 OF TOWNSHIP 3 NORTH AND RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 702 , by the City Council and Mayor of the City of Meridian, on the day of April, 1995, as the same appears in my office. DATED this day of April, 1995. City Clerk, City of Meridian Ada County, Idaho REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 3 STATE OF IDAHO,) ss. County of Ada, ) On this day of April, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho REZONE ANNEXATION ORDINANCE - GAMBLIN Page - 4 ~~ IVLCl1U V YY I '. I '.. ~ -= .I fr _~__ CHATEAU _ _AVE _ ~ i ~ i i i -- i ~ i i i i i ii ~ _, - .. e' ~ s r--- r e a ~',F',. s i ~ ll ~ I° ; ~ ~ y- ~ s ~ r a e to ++ 5 , , 1 v , to ,,, 3 ='i-- i ~ ~ . I ~ .' DR ----------- ~ -------- a i~ ;~~: l0 2 ;~ p ~ , ~ p ~ VIE z 1 I ~, + ~~~ it 11 1 ~ ~ z 1; It 2 i ~ I~ ; z z + 2t ~ ~ 22 ~- ~ y ~~~//' s ,;. ~ '~ 6 \ /: IQ Y~ ~ ,. --- ~ ~1~ LL//,, ,. I _I ,~~ , this map is made lrom data aopyrit~r0ed 6y Ada GwruY. Arb Grunry scull not be 1ia61e for irnaarraaie a mi,~e of this map. Mapls blaring this durLimc- msy ~ Pbotorxrpied freely. However, tege in airy digital fixrn requires lire written permission of Ada County. ;~.~ :~: tvtCnlU1NIV /~ i ~ _ ,~~ _ )i _ ,d `hTO 8T -, , / 19 "~ ~~ ~. + ~ ~, ~ \~ ~ ; 13 \+ ,` + r / ^q _ ~~ ' O ~ . ~., ~1 ~~ ~~ ~~ ~~ ~, ~, ~~ ~, ~, ~, ~, '~ ~~ ,~ ~~ ,~ ,~ ~~ I ~ ~ ~~ ~~ ~, ~, ~~ 1 ~~ ~~ ,\ ~ i ~, .`v ~ ~i - i f ~ i, T.3n R.1 SCALE: 7' nct C~'riCl GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary January 5, 1995 T0: MICHAEL GAMBLIN 1927 S.E. 5TH STREET MERIDIAN ID 83642 FROM: Karen Gallagher, r Development S v c s SUBJECT: MERIDIAN RZ - N/E CORNER OF CHERRY & LEISURE R-4 to R-8 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 4, 1995. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 r r G~fi°L GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission DATE: December 28, 1994 FROM: SUBJECT: llevel~pment Services Rezone N/E corner of Cherry/Leisure IiVTER-DEPARTMENT CORRESPONDENCE GAMBLTN.CU/DSTECH 01-04-94 R-4 to R-8, L-O (Applicant - Michael Gamblin, 1927 S.E. 5th Street, Meridian, ID 83642) (Representative - same) FACTS & FINDINGS: 1. The applicant is seeking approval of a rezone for the property located _on the northeast _corner of Cherry Lane and Leisure Lane. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.75 ZONING - Existing: Residential R-4 Requested: Commercial L-O and Residential R-8 TRAFFIC ANALYSIS ZONE - 263 L.F. OF FRONTAGE ON Cherry Lane - 12Q FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Cherry Lane is fully improved with a 62-foot street section with 5-foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site has an existing single family residence which access- es Cherry Lane by means of a 12-foot wide curb cut. District Policy dictates that this property shall be limited to one ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 :TO CINDER ROAD CHERRY LANE s i MERIDIAN CITY COUNCIL MEETING: MARCH 21 1995 APPLICANT MICHAEL GAMBLIN ITEM NUMBER; 8 REQUEST; REQUEST FOR A REZONE FROM R-4 TO R-8 AND L-0 AGENCY COMMENTS CITY CLERK: P ~ Z MINUTES FROM 1-10-95 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission January 10, 1995 Page 58 miles south. Johnson: That is probably over the 300 foot requirement. Anyone else? I will now close the public hearing. This is a conditional use permit it would require findings of fact. Rountree: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions. Hepper: Second Johnson: Moved by Mr. Rountree seconded by Mr. Hepper to have findings of fact prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR REZONE. FROM R-4 TO R-8 AND L-0 BY MICHAEL GAMBLIN: Johnson: I will now open the public hearing, if Michael or his representative is here please address the Commission at this time. Mike Gamblin, 1927 SE 5th Way, was sworn by the City Attorney. Gamblin: Gentlemen, I am asking that an existing parcel with a single family residence on Cherry Lane that I have under contract, I am not the deeded owner at this time, be rezoned for the residence to be used as an office and the pasture behind it to be rezoned to an R-8 zoning to accommodate future single family residences. I believe everything else pertaining is in your packet. I don't have any objections to any of the staff reports or recommendations from the various entities. Johnson: Thank you, any questions of Mr. Gamblin? Hepper: Do you know what the zoning is to the east in the Whitetail Subdivision that backs up to your property line? Gamblin: It is an R-8, it is what I want. I just want to mirror exactly what is next door. They have a day care in front they are using and then 3 residential lots behind. That is what I wanted to do with the exact same sized lots. Hepper: Would you be putting any rental units on there? Meridian Planning & Zoning Commission January 10, 1995 Page 59 Gamblin: Rental units, you mean like multi-family housing? I don't honestly know, I don't have any plans to develop it right away. I am mostly concerned with just being able to establish the office for my office. I thought that I was just going to take a look at that down the road. Johnson: What kind of business are you in, what kind of office would that be? Gamblin: I am a real estate broker, so it would be a real estate office. Johnson: Any other questions of the applicant? Hepper: Where does the church lie in reference to your property? Gamblin: It is about 300 feet to the east, the Catholic church you mean? Hepper: Yes Gamblin: The other side of the dental office there. Johnson: Any more questions? Thank you very much, anyone from the public that would like to address the Commission? John Longdom, 1727 Leisure Lane, was sworn by the City Attorney. Longdom: I am mainly concerned about the entrances and exits to these extra lots in the back. Because my private property borders his. I actually own part of leisure lane and I have it on their map that it is showed as separate but it is not. I could show you this if you would like to look at it. I was wondering how he was planning to get in and out of there unless he plans both exits off of Cherry Lane. Johnson: You are right on Leisure right? Longdom: Right Johnson: Do you have something there that can show it better. (Inaudible) Longdom: They separated this strip here from this and it is all one piece, this little piece here is that new one they got right here. This is a little piece from the County it is (inaudible). The rest is all private property (inaudible). Meridian Planning & Zoning Commission January 10, 1995 Page 60 (Inaudible) Gamblin: This brings up a good point and I have that question myself. I had a title company research that and they thought that I did have access. But I questioned whether I did or not. I think you are bringing up a good point. Longdom: You do have access but not public access, you have private access. Gamblin: This is your little strip right there right? Longdom: No, that is the border of your property, my property takes in all the red. All the red is deeded to my piece. This part here was given to the County just a while back (inaudible). Gamblin: My main concern is how will I gain access if I put lots back in here to match those onto Leisure Lane. Longdom: (Inaudible) Gamblin: Obviously to develop into residential lots that issue would have to be resolved before I could do that. Longdom: (Inaudible) Gamblin: I appreciate it and I had somebody check it out and was given some assurances that (inaudible). Johnson: Okay, we need to move on. I appreciate you bringing that up and I am sure the applicant appreciates that as well. Anyone else from the public like to make a comment on this? Seeing no one then I will close the public hearing. Shearer: I move we have the Attomey prepare findings of fact and conclusions of law on this project. Rountree: Second Johnson: It has been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Discussion? Rountree: tt seems to me that maybe tabling it until they resolve the access (inaudible). Meridian Planning & Zoning Commission January 10, 1995 Page 61 Johnson: We probably could have handled that in the way of the motion. Rountree: But I didn't get a chance to make that motion. Johnson: Well we have a motion and a second so we need to move on that motion first. Shearer: I can withdraw my motion. Johnson: You certainly could. Shearer: 1 will just withdraw it. Johnson: We don't have a motion now, it has been withdrawn. Rountree: Mr. Chairman, I move that we table this item. Johnson: Don't we withdraw the motion after the second. Rountree: I will withdraw the second. Johnson: Now it is your turn. Rountree: I move we table this item until the access situation and schedule it for our next regular meeting. (Inaudible) Johnson: Well we kind of closed this public hearing, but since we are airing our dirty laundry here go ahead. Do you have something you would like to add? Gamblin: I wondered if it could be handled in such a manner that it is sent down the traditional method with perhaps a contingency rather than adding an additional month that I don't have with the seller. That would be put me under undue stress with the seller who wants to resolve the issue prior. Crookston: He wont' have a decision on this from the City Council for another 2 months. Gamblin: I realize that, I have that time frame in mind. If we had an additional 30 days it would push it past the proposed closing date is what I am saying. Johnson: I can't tell the Commission what to do but it is possible to condition a Meridian Planning & Zoning Commission January 10, 1995 Page 62 recommendation and perhaps (inaudible) that the access is going to be a vital part of whether we recommend approval or denial I am sure. Gamblin: Okay Johnson: That is the unfortunate thing, we will have to address the access in the findings of fact because it is part of testimony. Without any resolution there it would have to be conditioned on that being available. I am not making a motion because I don't make motions. Gamblin: I just wondered if it could be handled in such a way as to not cause an additional 30 days added to my time frame. That is what t was wondering. It seems like an issue that I would have to decide on my own. Johnson: It seems like a logical request for your point, I don't have a problem with that. Do you people have a problem with that? Rountree: I withdraw my motion. Johnson: I understand where you are coming from but I think he has a valid point. You withdraw your motion, (inaudible). Shearer: I move we have the Attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AUTOMOTIVE REPAIR AND SERVICE BY LESLIE MIGNEAULT: Johnson: The applicant is here would you please address the Commission. Les Migneault, 1680 Bearden Court, was sworn by the City Attorney. Migneault: Well, t am in agreement with pretty much everything that has been handed to me as far as the conditions of the permit. There is one thing in particular that I have a question of. I feel that I would like to work it out with Shari Stiles or whoever about the 20 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief 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) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM: January 5, 1995 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer. Re; LIGHT OFFICE /SINGLE FAMILY RESIDENCE - (MIKE GAMBLIN) (Request for Rezone from R-4 to R-8 & L-O) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description submitted with this application for rezone appears to meet the requirements of the City of Meridian and State Tax Commission. 2. Any existing irrigation ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District, or lateral users association. 3. The City of Meridian owns and maintains Sanitary Sewer and Water mains adjacent to the south of the subject site. Sanitary Sewer and Water mains are also stubbed into Leasure Lane. Applicant will be required to extend the stubs in Leasure Lane per City Policy to service the subject site. Easements for the Sanitary Sewer and Water main extensions will need to be granted to the City of Meridian since Leasure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 5. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. 6. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C:\WPWIN60\GENERAL\GAMBLIN. P&Z 7. Please refer to the Ada County Highway District's preliminary report with respect to the requirements for access to Cherry Lane. C: \WPWIN60\GENERALiGAMBLIN. P&Z . )-.'r~/tL ~~L. ~'~ P ~ ~ /~/C l HUB OF TREASURE VALLEY • OFFICIALS ' A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk r RONALD R. TOLSMA GARY D. SMITHS P.E. City Engin eer CITY OF MERIDIAN MAk VERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES KENNY W, BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN IDAHO 83642 ~ Planner a Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman - Planning d Zoning GRANT P. KINGSFORD MEMORANDUM : Mayor TO: Planning and Zo~ g Commission, Mayor and Council r--~7 ~ FROM: Shaf~ L.~Stil s, Planning and Zoning Administrator DATE: January 6, 1995 SUBJECT: Rezone Request from R-4 to L-O and R-8 at Cherry and Leasure Lanes by Michael Gamblin Applicant is requesting rezone to allow office use of proposed L-O portion along Cherry Lane, with development behind office parcel to R-8 standards. No development plans have been submitted at this time. 1. Applicant has requested variance to rear setback to allow setback ~ 15'. 2. A development agreement should be required as a condition of rezone. 3. A detailed site plan to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc., must be submitted and approved prior to occupancy. OFFICIALS 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 Waler Supt. KENNY W. BOWERS, Fire Chief W.L. "81LL" 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/Building Department (208) 887-2211 GRANT P. KINGSFORD ' Mayor MEMORANDUM TO: CITY CLERK FROM: GARY D. SMITA, PE , RE: MIKE GAMBLIN Rezone Request - 1209 W. Cherry Lane January 27, 1995 COUNCIL'MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALTW MORROW SHARI STILES Planner 8 Zoning Admin~siramr JIM JOHNSON Chauman - Planning d Zoning ~~~~~~r/ .~ l~'~ G ~ C~~ ~ ~"~- r~3r~I~'~r~~ Today I received a copy of an opinion from Mr. Gamblin's attorney concerning the joint use of Leasure Lane for access to a future subdivision of the northerly part of Mr. Gamblin's property. At this time the Leasure Lane area has developed as an illegal subdivision (not platted). It is my feeling that if Mr. Gamblin wishes to subdivide a portion of his property for residential or other approved use (s) a subdivision plat needs to be prepared, showing an acceptable width of ublic right of way; approved by City of Meridian and recorded at the Ada County Recorders Office. C~Oo p~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MICHAEL GAMBLIN REZONE NE CORNER OF LEISURE LANE AND CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 10, 1995, at the hour of 7:30 o'clock p.m., the Applicant, Michael Gamblin, 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 and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 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 is located within the City of Meridian and the Applicant is not the owner of record of the property, but the owners of record are Edson A. Fujii and Patricia A. Fujii, which property is described in the application which description is GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page l incorporated herein; that the property is now zoned R-4; that Applicant is requesting a rezone of the land to L-O Limited Office and R-8 Residential; that the owners have consented to the rezone Application. 3. That the Applicant proposes to now have the property zoned R-8 Residential and Limited Office, and he submitted legal descriptions for the property to be zoned each requested zone. 4. That the proposed land use would be for light offices in the L-0 zone and single family residences in the R-$ zone. 5. That the Applicant stated in his application that the characteristics that make the rezone desireable are that it is consistent with the growth pattern down Cherry Lane; that the property to the east is a day care; that everything else with Cherry Lane frontage is business, office or commercial; that the land already has paved parking for fifteen cars; that the single family request is consistent with the complexion of the surrounding neighborhood. At the public hearing Mr. Gamblin stated that the use would be for office and single family residences; that he had no objections to the staff reports; and that he wants to "mirror" the dental office which is nearby. 6. That the R-8 District and the L-O District are described in the Zoning Ordinance, 11-2-408 B. 4 and 7 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. (L-O1 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-Oj 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 systems of the City of Meridian is a requirement in this district. 7. That the property is presently used for a single family residence. 8. That the property along Leisure Lane is used for residential purposes with approximately one acre lots; that the property to the south is the Meridian Middle school; that the other properties in the area are almost all residential. 9. Gary Smith, City Engineer, and Bruce Freckleton, Assistant to Gary Smith, commented; that their comments are incorporated herein as if set forth in full; that their major points were that off-street parking, landscaping, drainage, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414; that all signage shall be in accordance with 11-2-415; that any existing wells and/or septic systems will have to be removed but that wells may be used for non- domestic purposes such as landscape irrigation; and that any existing irrigation or drainage ditches crossing the property shall GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 be tiled and that tiling plans shall be approved by the Nampa & Meridian Irrigation District or a lateral users association; and that the City owns and maintains sewer and water mains adjacent to the south of the site, that they are stubbed into Leisure Lane, that Applicant will be required to extend the stubs in Leisure Lane to serve this site, and that easements will need to be granted to the City since Leisure Lane is a private street. Additionally assessment fees will be determined during the building review process. 10. The Meridian Planning Director, Shari Stiles, commented that the Applicant has requested a variance to the rear set back to allow a fifteen foot set back; the a development agreement should be required as a condition of the rezone; and that a detailed site plan must be submitted and approved prior to occupancy to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc. She also stated that no development plans ad been submitted. 11. That the Ada County Highway District comments were submitted and they are incorporated herein as if set forth in full; that ACHD stated that its specific site requirement was that access to Cherry Lane shall be limited to one curb return approach with a maximum width of 30-feet. 12. That comments were received from the Meridian Police Department, Fire Department, Central District Health Department, Meridian School District, Central District Health Department and Idaho Power Company; that such comments are incorporated herein by GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 this reference. 13. That under COMMUNITY DESIGN, at Page 72, Cherry Lane is listed as an Entryway Corridor; that the Entrance Corridors Goal Statement is to promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian, and under Policies, Page 73, it states as follows: 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of .development approval, landscaping along all entrance corridors. 14. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. coNCZVSIONs 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 GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 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 or conditional use. 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 fake 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 or 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 and R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan if the restrictions stated herein are met and complied with. (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 GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 L-O and R-8 Districts, would apparently be designed and constructed to be harmonious with the surrounding area, which is developed in a residential fashion. (d) The L-O and R-8 uses would not be hazardous to the existing or future uses of the neighborhood. (e) L-O and R-8 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. (g) Development in the L-O and R-8 districts would produce only a minimum traffic increase during the week with the heaviest seen on 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 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 City Engineer, Planning and Zoning Administrator, and the Ada County Highway District shall be met and complied with. 9. That since conditions may be placed on an application GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 when granting a rezone, the following conditions are placed on the Application and the property: a. That the homes constructed in the R-8 District shall be only single family detached homes with one home on each lot. b. That the homes shall meet the R-4 size requirement of 1,400 square feet so that they are more compatible with the other homes that front on Leisure Lane. c. That the Applicant shall subdivide the land and submit a subdivision plat for the entire area showing how the property is to be developed. d. That no building permits shall be issued until the above requirements are met. e. That the Applicant shall connect to Meridian sewer and water and meet the requirements of the City Engineer for those connections and extension of the sewer and water lines. f. That the Applicant shall meet the twenty foot landscape strip required under 11-9-605 G. g. That the Applicant shall file an application for a variance if he does not desire to meet the set back requirements of the Zoning Ordinance, which if granted, would allow him not to meet the set back requirements. GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED~~~' VOTED VOTED VOTED_Z~~' VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Rezones requested by the Applicant for the property described in the application be approved with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBEFS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GASS, City Treasurer CITY O I GARY D. SMITH, P.E. City Engineer F MERIDIAN OBERT D. CORR BRUCE D. STUART, Water Works Supt. WALT W. MORROIV JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chiel " " MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator BILL W.L. GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON Chairman ~ Planning & Zon~rc Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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: January 3, 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1110195 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE corner of ChenxLane and Leisure Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C1C 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 & FINAL PLAT) BUREAU OF REC TION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ ~,_ ._ ',ia t _~ ._. ._.. ,... .._.. HUB OF TREASURE VALLEY C°FICIALS COUNCIL MEMBEn'S A Good Place to Live WILLIAM G. BERG. JR., City Clerk JANICEL.GASS.CityTreasurer CITY OF MERIDIAN RONALD R. TOLSMA ROBERTRD.ICOP.F~= GARY D. SMITH, P.E. City Engineer WALT W. MORROW. BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAH083642 PlannerBZonmgAdminis;ra:.• W.L. "BILL GORDON. Police Chief JIM JOHNSON WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chavman ~ Plannino_ 3 Z~r• -_~ Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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: January 3. 1995 TRANSMITTAL DATE: 12/19f94 HEARING DATE: 1/10/95 REQUEST: Rezone from R-4 to R-8 and L-0 BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE comer of Cherry Lane and Leisure Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 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 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRE~.IM S FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~f OTHER: ~~ " ~ ~ ~ ~ 7 YOUR CONCISE REMARKS: M~-ri der +~'~ ~~ E Apt ~ arc D~ es iu©t h~o~ ~,~~ ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley O0. EXCE, DEPUTY SUPERINTENDENT ~ ~~ Dan Mabe, Finance & Administration ~ ~.y~ ASSISTANT SUPERINTENDENT Christine Donnell, Personnel 8 Instruction *^ DIRECTORS ~ Sheryl Belknap, Elementary Q Jim Carberry, Secondary ~ Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 January 3, 1995 City of Meridian ~~ 33 East Idaho _ _ _ Meridian, Idaho 83642 y - '~~ ~~ RE: Michael Gamblin zone request Dear Councilmen: I have reviewed the request submitted by Michael Gamblin for a zone change. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian School do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and Specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Sincerely, Dan Mai b~ e~ Deputy Superintendent DM:gr c~~r~c GLENN J. RHODES. President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary T0: MICHAEL GAMBLIN 1927 S.E. 5TH STREET MERIDIAN ID 83642 JAN 0 6 ~~ ~ January 5, 1995 FROM: Karen Gallagher, r Development S v c s SUBJECT: MERIDIAN RZ - N/E CORNER OF CHERRY & LEISURE R-4 to R-8 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 4, 1995. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 LNTER-DEPARTMENT CORRESPONDENCE GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission DATE: December 28, 1994 FROM: SUBJECT: llevelopment Services Rezone N/E corner of Cherry/Leisure GAMBLTN.CU/DSTECH 01-04-94 R-4 to R-8, L-O (Applicant - Michael Gamblin, 1927 S.E. 5th Street, Meridian, TD 83642) (Representative - same) FACTS & FINDINGS• 1. The applicant is seeking approval of a rezone for the property located on the northeast corner of Cherry Lane and Leisure Lane. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.75 ZONING - Existing: Residential R-4 Requested: Commercial L-O and Residential R-8 TRAFFIC ANALYSIS ZONE - 263 L.F. OF FRONTAGE ON Cherry Lane - 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Cherry Lane is fully improved with a 62-foot street section with 5-foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site has an existing single family residence which access- es Cherry Lane by means of a 12-foot wide curb cut. District Policy dictates that this property shall be limited to one ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 -T0 CINDER ROAD CHERRY LANE CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division - - --- ... ^~ ^ HEALTH Return to: . _ ^ Boise DEPARTMENT ~ ~ • ° ~ - ,a . . ^ Eagle Rezone # /~''7 7a ~'~ ~a ~ ~ - ~ e,.d n•~ ..r~ _ _ .. _ .._ __ ^ Garden city Conditional Use # ~'leridian ^ Kuna Preliminary /Final / Sh/o~rt Plat ^ ACZ ^ I. We have 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. .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 ^ 8. 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 ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. /V O 6.C3 ~ c_Z~f ~ '`J ~fOv~i 1~t7~ ~.~^~~ .S"~' !.~/ ~ Y~ Date: ~/ /~~ ~.~ ~.~fiOfFl Q LG ~ Reviewed By: fDHD 10/91 rcb, rev. II/93 ill HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBE'n5 WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, Cit Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAkYERRINGTpN ROBERT D. COP ~E GARY D. SMITH, P.E. City Engineer WALT W. MORROW: BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO G SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~~(` I;> p~ /~ Planner 8 Zoning Atlmimsra:c- W.L. "BILL" CORDON, Police Chief Attorne JR YNE G OROOKSTON L~ 1! ti// ~f1 Phone (208) 888-4433 • FAX (208) 887-4813 r// ~ ll l 1 JIM JOHNSON Ch Pl p - y , ., WA . ry ~ Yd / a man - anning d Zc- ~ Public Works/Building Department (208) 887-2211 L ~ ~i ! ,'~ , ~ y ~~ ,; r ^+ t, GRANT P. KINGSFORD ~ Mayor / ~ t3AT ~~~t ~: ~ ; l~j~:y 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: January 3. 1995 TRANSMITTAL DATE: 12/19194 HEARING DATE: 1!10/95 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael amblin LOCATION OF PROPERTY OR PROJECT: NE comer of Cherry Lane and Leisure ~.ane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS:All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for Dgnna Moore a 34~-1884 or 466-7861_ ->~~"~' $1]1 Hanen' Aceietant Watar CL~crin Nampa & Meridian Irrigation District t '` ~~ t.) _. 4i ! , i ----- - OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA I v CITY OF MERIDIAN OBERT D ICORRIE GAFl Y 0 SM 7H, P.E. C ty Eng eer . BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS. Fire Chiel " " MERIDIAN IDAHO 83642 Planner d Zoning Adminiscraio: BILL W.L. GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman ~ Planning d Zoninc, Public Works/Building Department (208) 887-221! GRANT P. K[NGSFORD Mayor 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: January 3, 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE comer of Cherrv Lane and Leisure Lane JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: .... `~, ~:.~ E.d .. v. . ..~' _ .~...._.....,,. We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power ~~ ~~r4r"S 322-2047 i y-s9 -q~f ~~~~ 2 Q ~ ~~~ ~I' +~~~~~~~ January 20, 1995 City Clerk City of Meridian Dear Sir, I am the applicant for a rezone request at 1209 W. Cherry Lane that public testimony was taken at the last P & Z meeting on January 10, 1995. At that time some question came up as to the accessibility of the back portion of the lot unto Leisure Lane (private). I have had my attorney review the documents affecting that parcel (deeds and easement agreements) and his conclusions are enclosed. I thought that this information might be helpful to you and the committee. I am also delivering a copy to the Chairman of the Planning and Zoning committee Mike Gamblin 887-0000 Office 887-1117 Residence i ~ 4..x "~J rrc.ai ~~ ire G.f' FIRST INTERSTATE CENTER 877 I~1AIN STREET, SUITE 8O6 POST OFFICE BOX 952 BOISE, IDAHO 83701-0952 B~A•R~R~Y P~E~T•E~R~S ATTORNEY AT IAW ADMITTED TO PRACTICE IN IDAHO 8 CALIFORNIA January 19, 1995 Mr. Mike Gamblin, Broker Sterling Properties 408 East 1st Street Meridian, Idaho 83642 RE: Declaration of Easement and Joint Use Maintenance Agreement Instrument No. 9051760 Dear Mike: t` TELEPI'IONE: (208) 338-7000 FACSI M 1 LE: (208) 338-7079 I have reviewed the Declaration of Easement and Joint Use and Maintenance Agreement which you provided to me. This document has been recorded in the Ada County Recorder's Office as Instrument No. 9051760 on September 24, 1990. Having reviewed that agreement, it is my opinion that the future subdivision of Parcel S1201346800 for use as office space at the front, with one or more residential lots adjoining Leisure Lane, would be consistent with the terms of that Easement Agreement. Specifically, at page 8 of the Agreement, the document creates an "easement for ingress, egress and utilities." That document proceeds to establish that the easement is established "for the exclusive benefit of the owners and tracts herein described and the same shall be perpetual and shall be covenants running with said tracts." Since the subdivided property will continue to be tracts within the legal description set forth in the instrument, the Easement Agreement should adequately cover such newly-created parcels so long as the use of the easement is solely for the installation of utilities and access to and from the properties. Under the terms of the Agreement, the owners of the new parcels would, of course, be required to pay their pro rata share of all maintenance costs. This would increase the share of maintenance costs borne by your property. However, that would only be fair in view of your increased use of the easement. r 0 Mr. Mike Gamblin, Broker Sterling Properties January 19, 1995 Page 2 It should also be borne in mind that any decisions with respect to access to possible future subdivisions of the property should be addressed when a subdivision application is actually presented to the Planning and Zoning Commission. Prior to that time, any significant attention to this question would be premature. Very truly ours, ~__,~ ' ~ Barry Peters BP:mmg 3863A"Oi.L03 MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 14.1995 APPLICANT: MICHAEL GAMBLIN AGENDA ITEM NUMBER: 12 REQUEST:REQUEST FOR REZONE FROM R 4 TO R-8 AND L-O AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS '` CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OFLAW 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: S BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MICHAEL GAMBLIN REZONE NE CORNER OF LEISURE LANE AND CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 10, 1995, at the hour of 7:30 o'clock p.m., the Applicant, Michael Gamblin, 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 and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 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 is located within the City of Meridian and the Applicant is not the owner of record of the property, but the owners of record are Edson A. Fujii and Patricia A. Fujii, which property is described in the application which description is GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page l incorporated herein; that the property is now zoned R-4; that Applicant is requesting a rezone of the land to L-O Limited Office and R-8 Residential; that the owners have consented to the rezone Application. 3. That the Applicant proposes to now have the property zoned R-8 Residential and Limited Office, and he submitted legal descriptions for the property to be zoned each requested zone. 4. That the proposed land use would be for light offices in the L-O zone and single family residences in the R-8 zone. 5. That the Applicant stated in his application that the characteristics that make the rezone desireable are that it is consistent with the growth pattern down Cherry Lane; that the property to the east is a day care; that everything else with Cherry Lane frontage is business, office or commercial; that the land already has paved parking for fifteen cars; that the single family request is consistent with the complexion of the surrounding neighborhood. At the public hearing Mr. Gamblin stated that the use would be for office and single family residences; that he had no objections to the staff reports; and that he wants to "mirror" the dental office which is nearby. 6. That the R-8 District and the L-O District are described in the Zoning Ordinance, 11-2-408 B. 4 and 7 as follows: {R-81 MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 1L-O1 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 systems of the City of Meridian is a requirement in this district. 7. That the property is presently used for a single family residence. 8. That the property along Leisure Lane is used for residential purposes with approximately one acre lots; that the property to the south is the Meridian Middle school; that the other properties in the area are almost all residential. 9. Gary Smith, City Engineer, and Bruce Freckleton, Assistant to Gary Smith, commented; that their comments are incorporated herein as if set forth in full; that their major points were that off-street parking, landscaping, drainage, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414; that all signage shall be in accordance with 11-2-415; that any existing wells and/or septic systems will have to be removed but that wells may be used for non- domestic purposes such as landscape irrigation; and that any existing irrigation or drainage ditches crossing the property shall GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 be tiled and that tiling plans shall be approved by the Nampa & Meridian Irrigation District or a lateral users association; and that the City owns and maintains sewer and water mains adjacent to the south of the site, that they are stubbed into Leisure Lane, that Applicant will be required to extend the stubs in Leisure Lane to serve this site, and that easements will need to be granted to the City since Leisure Lane is a private street. Additionally assessment fees will be determined during the building review process. 10. The Meridian Planning Director, Shari Stiles, commented that the Applicant has requested a variance to the rear set back to allow a fifteen foot set back; the a development agreement should be required as a condition of the rezone; and that a detailed site plan must be submitted and approved prior to occupancy to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc. She also stated that no development plans ad been submitted. 11. That the Ada County Highway District comments were submitted and they are incorporated herein as if set forth in full; that ACHD stated that its specific site requirement was that access to Cherry Lane shall be limited to one curb return approach with a maximum width of 30-feet. 12. That comments were received from the Meridian Police Department, Fire Department, Central District Health Department, Meridian School District, Central District Health Department and Idaho Power Company; that such comments are incorporated herein by GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 this reference. 13. That under COMMUNITY DESIGN, at Page 72, Cherry Lane is listed as an Entryway Corridor; that the Entrance Corridors Goal Statement is to promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian, and under Policies, Page 73, it states as follows: 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 14. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 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 or conditional use. 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: "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 or 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 and R-8 zoning would be harmonious with and in accordance with the Comprehensive Plan if the restrictions stated herein are met and complied with. (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 GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 L-O and R-8 Districts, would apparently be designed and constructed to be harmonious with the surrounding area, which is developed in a residential fashion. (d) The L-O and R-8 uses would not be hazardous to the existing or future uses of the neighborhood. (e) L-O and R-8 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. (g) Development in the L-O and R-8 districts would produce only a minimum traffic increase during the week with the heaviest seen on 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 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 City Engineer, Planning and Zoning Administrator, and the Ada County Highway District shall be met and complied with. 9. That since conditions may be placed on an application GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 when granting a rezone, the following conditions are placed on the Application and the property: a. That the homes constructed in the R-8 District shall be only single family detached homes with one home on each lot. b. That the homes shall meet the R-4 size requirement of 1,400 square feet so that they are more compatible with the other homes that front on Leisure Lane. c. That the Applicant shall subdivide the land and submit a subdivision plat for the entire area showing how the. property is to be developed. d. That no building permits shall be issued until the above requirements are met. e. That the Applicant shall connect to Meridian sewer and water and meet the requirements of the City Engineer for those connections and extension of the sewer and water lines. f. That the Applicant shall meet the twenty foot landscape strip required under 11-9-605 G. g. That the Applicant shall file an application for a variance if he does not desire to meet the set back requirements of the Zoning Ordinance, which if granted, would allow him not to meet the set back requirements. GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Rezones requested by the Applicant for the property described in the application be approved with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: GAMBLIN REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 ~-~ ~- ` ~/~ ~ ~ /_ . _ _ -~~ ~~ c~,~ _ t/' fir, ,~ ~-~- y~ u~~~ ~, ~ ~ ~~ ~ ~ U_ tit ~~ - -._. f~rn.~ __ __ _ {.e a~-une. __ ~+~r.~.vc.. _ _ a~,e- r~_ -~.,~,~. d e,~,.~.G~-f,,.ect -_ _ - ~_-~i1tY -- _C_ _ - . _ . ~ ~ __ /~t'c a;~t.~ _d _~ S~i~wuwLv~ a.w ~ccte~ f ~-~'~z l~v~-cL.-~ 0~ ~~.~-f.~ ~. ! _.__.~ ~G~` ~' HUB OF TREASURE VALLEY OFFICIALS ~ A Good Place to Live COUNCiL'MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS City Treasurer RONALD R. TOLSMA M . GARY D. SMITH, P.E. City Engineer e N CITY OF ~ERIDIL ~1 \ AX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " MERIDIAN IDAHO g3~2 Planner 82oning Administrator W.L. "BILL GOROON, Police Chief + WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-221 I Chairman • Planning & Zoning GRANT P. KINGSFORD ' Mayor MEMORANDUM January 27, 1995 TO: FROM: CITY -CLERK GARY D. SMITH, PE ~~;~~~ RE: MIKE GAMSLIN Rezone Request - 1209 W. Cherry Lane J ~ ~ 2 7 i~9~ C1'i`~l CF ~~II~IA~d Today I received a copy of an opinion from Mr. Gamblin's attorney concerning the joint use of Leasure Lane for access to a future subdivision of the northerly part of Mr. Gamblin's property. At this time the Leasure Lane area has developed as an illegal subdivision (not platted). It is my feeling that if Mr. Gamblin wishes to subdivide a portion of his property for residential or other approved use (s) a subdivision plat needs to be prepared, showing an acceptable width of u lic right of way; approved by City of Meridian and recorded at the Ada County Recorders Office. s c~rc GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary January 5, 1995 TO: MICHAEL GAMBLIN 1927 S.E. 5TH STREET MERIDIAN ID 83642 FROM: Karen Gallagher, r Development S v c s SUBJECT: MERIDIAN RZ - N/E CORNER OF CHERRY & LEISURE R-4 to R-8 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 4, 1995. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 c~rc GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE. Secretary TO: ACF3D Commission DATE: December 28, 1994 FROM: SUBJECT: Development Services Rezone N/E corner of Cherry/Leisure INTER-DEPARTMENT CORRESPONDENCE GAMBLTN.CU/DSTECH 01-04-94 R-4 to R-8, L-O (Applicant - Michael Gamblin, 1927 S.E. 5th Street, Meridian, TD 83642) (Representative - same} FACTS & FINDINGS: 1. The applicant is seeking approval of a rezone for the property _located_ _ on__ _ the nor~h~~, t~. _. corner of_ Cherxy_ Lane and. Leisure Lane. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.75 ZONING - Existing: Residential R-4 Requested: Commercial L-O and Residential R-8 TRAFFIC ANALYSIS ZONE - 263 L.F. OF FRONTAGE ON Cherry Lane - 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Cherry Lane is fully improved with a 62-foot street section with 5-foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site has an existing single family residence which access- es Cherry Lane by means of a 12-foot wide curb cut. District Policy dictates that this property shall be limited to one ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 1 .TO LlNDER ROAD CHERRY LANE HUB OF TREASURE VALLEY OFFICIALS A GOOd PIaC2 t0 L1Vf: COUNCIL MEM8ER5 WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAk YERRINGTON RT D RR~ ROB C GARY D. SMITH, P.E. City Engineer . E O E WALT W. MORRO\^~ BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " ~~~~ f ~n MERIDIAN, IDAHO 83642 r~ Planner & Zoning Administrator GORDON, Police Chief W.L. "BILL Attorney CROOKSTON JR WAYNE G J ( S;~ r~ Phone (2O8) 888-4433 • FAX (208) 887-4813 v ~/ /( jt JIM JOHNSON Ch Pl , ., . {~/ airman ~ anning 8 ZOni^„ Public Works/Building Department (208) 887-2211 ~ ~ ~~•~., ~~ GRANT P. KINGSFORD JbgA+tPq Mayor ~RRIG ~~ A~ ~~ f;'r,;; ~- 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: anuary 3. 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE comer of Cherry Lane and Leisure Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P%Z MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT) _ JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, CJC SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PREUM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS:All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If env surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made av ailable to all developments within this District. Nampa & Meridian Irrigation District requires that a Land LTse Chang /S; e R~lication be Development ~ fled for review ~,ri~r n final nlarr;ng. ('nnrarr , D^^^a More at 343-1884 or 466-7861 fnr Further infnrmatinn_ _ ~~ $i 11 Nanenn r Acci ctant- Watc r Cnnori ntanriant Nampa & Meridian Irrigation District 1 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JANUARY 10,1995 APPLICANT: MICHAEL GAMBLIN AGENDA ITEM NUMBER: 17 REQUEST: REQUEST FOR A REZONE FROM R-4 TO R-8 AND L-O AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS 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. KENNY W. BOWERS, Fire Chief 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) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORRObV SHARI STILES Planner 8 Zoning Adminisva[or JIM JOHNSON Chairman -Planning 8 ZeninS GRANT P. KINGSFORD Mayor MEMORANDUM: January 5, 1995 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer.. Re; LIGHT OFFICE /SINGLE FAMILY RESIDENCE - (MIKE GAMBLIN) (Request for Rezone from R-4 to R-8 & L-O) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal description submitted with this application for rezone appears to meet the requirements of the City of Meridian and State Tax Commission. 2. Any existing irrigation ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District, or lateral users association. 3. The City of Meridian owns and maintains Sanitary Sewer and Water mains adjacent to the south of the subject site. Sanitary Sewer and Water mains are also stubbed into Leasure Lane. Applicant will be required to extend the stubs in Leasure Lane per City Policy to service the subject site. Easements for the Sanitary Sewer and Water main extensions will need to be granted to the City of Meridian since Leasure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 5. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. 6. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C: \WPWIN60\GENERAL\GAMBLIN. P&Z 7, Please refer to the Ada County Highway District's preliminary report with respect to the requirements for access to Cherry Lane. C:\WPWIlV60\GENERAL\GAMBLIN. P&Z OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: P~ ~ ;~;~;~=; HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS CITY OF MERID A RONALD R. TOLSMA I I N OBERTD CORRE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator Phone (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning & Zoning GRANT P. KINGSFORD Mayor TO: Planning and Zoning Commission, Mayor and Council FROM: Shad L. Stiles, Planning and Zoning Administrator DATE: January 6, 1995 SUBJECT: Rezone Request from R-4 to L-O and R-8 at Cherry and Leasure Lanes by Michael Gamblin Applicant is requesting rezone to allow office use of proposed L-O portion along Cherry Lane, with development behind office parcel to R-8 standards. No development plans have been submitted at this time. 1. Applicant has requested variance to rear setback to allow setback ~ 15'. 2. A development agreement should be required as a condition of rezone. 3. A detailed site plan to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc., must be submitted and approved prior to occupancy. HUB OF TREASURE VALLEY 7FFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF MERIDIAN RONALD R. TOLSM4 Cy I GARY D. SMITH, P.E. City Engineer OBERTD. COR BRUCE D. STUART, Water Works Supt. WALT W. MORRCI JOHN r. sHAwcROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner 8 Zoning Adminis;ra:~~ GORDON, Police Chief W.L. BILL JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman Planninc s Z~- -r Pubtic Works/Building Department (208) 887-2211 GRANT P. KiNGSFORD Mayor 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: January 3. 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE comer of Chemi- Lane and Leisure Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 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 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & FINAL PLAT) CITY FILES ~ „~ , ^ ~ _ YOUR CONCISE .. ... r<~ °;~~ r HUB OF TREASURE VALLEY C°FICIALS A Good Place to Live COUNCIL MEMEE=S WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurar CITY OF MERIDIAN RONALD R. TOLSh'~ MAk YERRINGTCN ROBERT D. COPS E GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. WALT W. MORPCt: JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAH083G42 PlannerBZonmgAdmir~s:-a~c- W.L. BILL GORDON, Police Chief JtM JOHNSC\ WAYNE G. CROOKSTON, JR., Attorney Phone (2O8) 8g8~433 • FAX (208) 887813 Chairman ~ Planr~nc 5 =_ - -. Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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:~lanuary 3, 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE corner of Cherry Lane and Leisure Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~f OTHER: ~~ ' ~ ~ ~ ~ / YOUR CONCISE REMARKS: ~-r~ dti >~.,,} ~, 2 ~ AQ pt • ilitl!CC D~ ps ~d t h~~'~ `7 ~d b I Jr.--.,, w ~ ~f-lti t L. ~ s 2.~ z~~ ~ ~ , ~2 Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley OR EXCE DEPUTY SUPERINTENDENT . ~ ~~~ Dan Mabe, Finance & Administration Z ASSISTANT SUPERINTENDENT ,~~\/~~ t- Christine Donnell, Personnel & Instruction ~" DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 January 3, 1995 I ,~ City of Meridian " 33 East Idaho ~,:, , . ,_..- , _. .... Meridian, Idaho 83642 RE: Michael Gamblin zone request Dear Councilmen: I have reviewed the request submitted by Michael Gamblin for a zone change. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian School do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and Specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Sincerely, Dan Mai bn e ~ Deputy Superintendent DM:gr • i ~ ~ { ~ ~~~~~ i -~ GLENN J. ~<HODES. President SHERRY R. HUGER, Vice President JAMES E. ~RUCE. Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE GAMBLTN.CU/DSTECH 01-04-94 DATE: December 28, 1994 FROM: Development Services SUBJECT: Rezone N/E corner of Cherry/Leisure R-4 to R-8, L-O (Applicant - Michael Gamblin, 1927 S.E. 5th Street, Meridian, ID 83642) (Representative - same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS• 1. The applicant is seeking approval of a rezone for the property located on the northeast corner of Cherry Lane and Leisure Lane. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.75 ZONING - Existing: Residential R-4 Requested: Commercial L-O and Residential R-8 TRAFFIC ANALYSIS ZONE - 263 L.F. OF FRONTAGE ON Cher~Lane - 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet {45-feet from centerline) Cherry Lane is fully improved with a 62-foot street section with 5-foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site has an existing single family residence which access- es Cherry Lane by means of a 12-foot wide curb cut. District Policy dictates that this property shall be limited to one ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • ~ I \ 1 ~ ~ ~\ ~ GLENN J. ~.<HODES, President SHERRY R. HUBER, Vice President JAMES E. 3RUCE. Secretary TO: ACRD Commission DATE: December 28, 1994 FROM: SUBJECT: lleveiopmenr. Services Rezone N/E corner of Cherry/Leisure INTER-DEPARTMENT CORRESPONDENCE GAMBLTN.CU/DSTECH 01-04-94 R-4 to R-8, L-O (Applicant - Michael Gamblin, 1927 S.E. 5th Street, Meridian, ID 83642? (Representative - same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS• 1. The applicant is seeking approval of a rezone for the property located on the northeast corner of Cherry Lane and Leisure Lane. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.75 ZONING - Existing: Residential R-4 Requested: Commercial L-O and Residential R-8 TRAFFIC ANALYSIS ZONE - 263 L.F. OF FRONTAGE ON Cherry Lane - 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Cherry Lane is fully improved with a 62-foot street section with 5-foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site has an existing single family residence which access- es Cherry Lane by means of a 12-foot wide curb cut. District Policy dictates that this property shall be limited to one ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ,~ :TO CINDER ROAD CHERRY LANE •_ _-- OFFICIALS WILLIAM G. BERG, JR., City Clerk JANIGE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief 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) 888-4433 • FAX (208) 887ji813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALO R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner b Zoning ACmimsvaro: JIM JOHNSON Chairman ~ Planning 3 Zoning 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: '~^~~arv 3 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10195 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael Gamblin LOCATION OF PROPERTY OR PROJECT: NE corner of Cherry Lane and Leisure ane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z 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 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 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • ., ~. We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power ~i~ ~'~~'"S 322-2047 ~ 2-s' -q `I CENTRAL •• DISTRICT HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division =~ -- _-~ ~ -- -- • . Rezone # /~_ 5/ ~' ~~r~ ~~ ~ ~? t,. n '~' ~~- .•s :d:::;:,.-a; ~_ . Conditional Use # Preliminary /Final /Short Plat Ai~l~li~ / ~'~~i~ Return to: ^ Boise ^ Eagle ^ Garden city ~P9eridian ^ Kuna ^ ACZ ^ I. We have 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 o ^ 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. 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 ^ 8. 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 ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store U 13. /V 0 6.C~ t_~~ nJ /Ova/QEI~ ~~'~ .5~~ N/L't'~ Date: / / / L /S .,fhOA-l A~ LE ~ Reviewed By: CDND 10/91 rcb, rev. II/S 4 L I I ~1 1 I GLENN J. 2HODES, President SHERRY R. HUBER, Vice President .TAMES E. BRUCE. Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE GAMBLTN.CU/DSTECH 01-04-94 DATE: December 28, 1994 FROM: Development Services SUBJECT: Rezone N/E corner of Cherry/Leisure R-4 to R-8, L-O (Applicant - Michael Gamblin, 1927 S.E. 5th Street, Meridian, ID 83642) (Representative - same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS• 1. The applicant is seeking approval of a rezone far the property located on the northeast corner of Cherry Lane and Leisure Lane. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.75 ZONING - Existing: Residential R-4 Requested: Commercial L-O and Residential R-8 TRAFFIC ANALYSIS ZONE - 263 L.F. OF FRONTAGE ON Cherry Lane - 120 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route. EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Cherry Lane is fully improved with a 62-foot street section with 5-foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site has an existing single family residence which access- es Cherry Lane by means of a 12-foot wide curb cut. District Policy dictates that this property shall be limited to one ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 s~ie~ssw CHERRY HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk GASS City Treasurer JANICE L CITY OF MERIDIAN MAXVERRINGTON ROBERT D. CORRIE . , GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Chairman -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: - anuary 3, 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Rezone from R-4 to R-8 and L-O BY: Michael amblin LOCATION OF PROPERTY OR PROJECT: NE corner of Chem Lane and Leisure Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z 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 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • + APPLIATION FOR ANNEXATION APPROVAL & ZONING OR•REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION (PRdPOSED NAME OF SUBDIVISION) (GENERAL LOCATION) i (LEGAL DESCRIPTION - ATTACH IF LENGTHY) (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) (ADDRESS) ~I1 I (' ~~ ~- ~ ~-~ x'11 ~ ~~ ~.1 ~ ~ ~-t ~c~e-'r, (APPLICANT) (NAME) (TELEPHONE N0.) (ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) ~ l -A- psi A-- ~~ - ~ ~Dts ~ . •-~~ - ~ 3 7oS (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) i t ..(1-(I~i+-t ~-(~-')'(Its-f r't ~t J~t~ ' t !J,: V. J..V. V.~V .V.. V~!J~.V..V :J.: J.. V: J..V.!J.:t-:!!..!/..t~ ........ _ .. _ .~~ _..•J..•J. - ' ~ LLD ~~+~~~- `_ ~ ~ - :-_ *This is being re-recorded to correct the legal descr;ption. ,; -~ ,~ FUR VAI,L'F. RECEI\'h.U .^ CLYDE D. t4ATLOCK and MARY JEAW MATLOCY., Formerly Mary Jean Kulig, ~= t^ Husbar•d and Wife ~ ^~ the Grantors , do hereby Frant, bnr};ain, sell am cum•E•y unto !- :? - =~ EDSON A. FUJII and PATRICIA A. FUJII, Husba/nd S 14ife f / ? S, tt•husc :,thlrr•s is-/ ! ~-` -'-~ - the Grantee ••_ ~ (~~ •~- I~.~ the follutt•inl; descrihed ),remixes, tu•tt it: ~ ; ~_I - A portion of the 1,'est one-half of the Southeast quarter of the Southwest .°_~ ~~ quarter of Section 1, Township 3 Ilorth, Range 1 West, Boise-:r.eridian, ;tdrt 1~~ County Idahv, more narticttlarly described as follows: 1_" Beginning 280 feet West of the Southeast corner of the 'rJes~ ore-iJalf o` t11e I:: •~~~ Souuleast quarter of i.he Southwest quarter of Section 1, io. Isitip 3 r,ort.~, ~-c Range 1 hest, Boise-t•leridian; thence ~,',' ~^ur~>• J`J'r,°. Borth 330 feet; thence PICItr ~ TiTL~.C!_. I'"~ West 120 feet; thence -- - outh 330 feet; thence X T'/ -~•~ ~~•~ S r„ East 120 feet to the PLACE OF L'EGIilhtt•IG. ~t <s,~~ `' EXCEPT the South 2:, feet thereof for public right-GT-:.ay, ~ ~'•' •'= •)? ~ ~~~ I ; 1 .ice i ,~ if'`~ •.'`~ j - Imo? AND EXCEPT the t}orth 15 feet of t}le South 40 feet conve,L~ld to ~~f~bur~t.;,!, ,' ~ - i== Highway District for public right-of-c•:ay by deed recorded under •instrumcrnl u. ~_= 7704517. '_ ~' _ ~~ I l-;. s -' I~; TC! ii:\\'1::\\11 T(1 HOl.ll tl:c will Ilremixt•x.'•tith tiff ir.,t,t.urtr•n:.r,c~~ ::nu• title xaid (,:::r.t,o .-~ their heirs amt :,sxi~ns fclrf•cer.:\nd the <aid (~r:,nrlr rill ... ~i,? th1•y the ,ltcnr•r s in f+•r• sim;~lc ~:( •::id ;err n;a~•s. :' turd kith the xaid Gr:mteeS ,that except re_•ervations of record, ec .°_„~ent5 Of _I I_ said ),remises tree fr~•r from tell r•nrumhranrex 1 ' record, general taxes and lrt'lgatlOn dS~Ec~p;ur,t5 fOr rile feat' '~~?5, t•: 111 .n art: GGt :' I;^~ yet due and payable. ,,-~ ..~ ~~ ant) that they tt'i' :+•:rrr.rrt tool dr f+ nd the x:,nu• fn,m all l:r:cfcl cL:ims :+h:a>c.r•v1•r. ~~: ` I~ Uated: February ?8, 19°5 - - -I t•~ary Jean ratloc ;~ Clyde D. t•latldc~: - ~ ;_i .. - --- ~. - ------ - - - -- - _ • -I ~a ----- - ------- i ~~? ~' / L~ STATE itF IttAiiO, CUB \T1' G}. 'L{ ~-( y: I~ ,\cl:~cn\•1.F:uc>fE\'I'• (ndividu:,l -- ]hereby cert:fi• thht •hts instrument w hs fiie.i fur r+tord :._ PIOir'EE4 TITLE CO. ~' .~~ Idaho Hue, ht the rlyuest of ._ 2 STATE OF _-- , luunty of -_ -- ... /7 _ - -? at .~(,/minutes phst / ~ o'c;rv7_ m.. '-;.~'~~- day of- =1G~1,!c~:`_'--=- --•in this; ~ - I;r Or. this _.~ __ _ P P lc`r!E' u 1n m>• office, hnd dui), record+•d 1n Ei;K.f: ~: i the year oC -19E5_- .before rnc• th-.und Cs- ,, - -- 1. ~ cl -- .. .t ~+ t 1,~ -~ . t (~f.~f :S --------~--=~--- -- ~ ` , not. r> puhhe, o. I rd. h - ~M1 •Il ~ ....-.... I: j pcr_'unaily' aPpc•ared -G1J'de~._1'1dt.T.QCI. _~. -- -- .., . -. _: _ ~ ~-- ---- -_ ._ .-. i~ --Llary_,]~ntL-I4at_LoG}' ------•kno~+n°r - ---------- --- --- - •-'•; idrntifieutcimeu,Uethrpc•rsun5__r+•ho~en:un,•5___d1'°_.-- ~ /, . I-j r~uhxrrihed to the within instrument, and a. hnc~wlrltJ;(•rl t.+ ~ ~ -~ ._ --- --_- me that -Lm_y_c•arrttu•d tl:e atone. - --- _: _ -L -•_ __ 1,+-pu;y. ~- lutary Public: ~_2~..,.,~--:-• -- - I'• i ;~ Kcsidin~; at: _g~15e_--------_ -- -- ~lhi! tc .. - ~~/''`""~ PIONEEp TJTLE COMPANY _,; h+y commission expires ~"~ of ADA I:JUNTV _~ Rrprrsenlinr T cur T tte InSU ' e omPanv -•. , i ran. _ .: .- .. :. .. , . : -. ; . : . ~_ ADDENDUM # one (t, 2, s, etc.) ~ 1 of •rrno~ THIS IS AN ADDENDUM TO A PURCHASE AND SALE AGREEMENT. READ THE ENTIRE DOCUMENT, INCWDIN6 ANY ATTACHMENTS, CAREFULLY, 2 BEFORE SKiNIN4JF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. 3 This is an ADDENDUM to the Real Estate Purchase and Sale Agreement and Receipt for 4 Earnest Money Dated: 10-10- , tg 94 ID ~ 301252 s ADDRESS: 1209 W_ Cherry Lane s BUYER (S) Gamblin 7 SELLER (S) r~u~ u e The undersigned Parties hereby agree as follows: 9 1. Parties axcknowledge that both buyer and seller are licensed agents 10 in the state of Idaho. Buyer is purciasing onTiis own account-for -i-etro~esb[rte~rtl:--p>3~-ges 11 12 2. Seller herebyacknowledges that it is the intention of the Buyer 1a to complete an IRC1031 exchange which will not delay the close o us~addrtterra-l--expense-to-the-Se3~e~-The-buyer' s 1a -Lights_331d obliaations under this agreement may be assigned to an 15 Intermediary of the Buyer's choice for the purpose of completing arrge-s>s t>rcooperat:e-vrtt-h-~-he-Brrye~and-- 1s the TntarmPr~iary in a manner necessarv to complete the exchange. 17 1s 3_ This offer is contingent upon the buyers selling 10157 Shields Ave. 19 This offer is also contingent upon buyers securing a rezone of 1209 erry one or po en a use ff ~ 21 22 4_ '~~htiyprcm rav, at theis~liscretion, elect to either have the owners 23 , carry the contract with a balloon in two years from the closing date. erms o e in , , , 00 24 ~gwn~Rn~ara may also elect to assume the underlaving loan, which 2s requires a formal assumption, ans cash the sellers out for the difference 28 27 28 29 30 31 32 33 34 35 36 37 38 39 40 - 41 The herein a nt, u cution by both parties, is made an integral part ~ r~m~ed Agreement. a2 BUYER ` ~ ~ O SELLER a3 BUYER `' ~ ___ SELLER 4a DATED: DATED: as TIME: ^ A.M. ~~Q P.M. TINE: ^ A.M. C, "" as This lorm is printed and distributed by the Vida County Association of REALTORS* . TFis tc has been designed log -lad only for use by real estate q7 professionals licensed by the Idaho Real Eatate Commission who are also members d tho ilationel Association of t 1r ' Ise by any other person is 48 prohibited. ~ CopyrtgM Ada County Aalocitlion d REALARS 1N1 All rkJhb raa0rwd 1991 nnnl~errc rr~rv City of Meridian We agree to the rezone request presented by Mr. Mike Gamblin for the property at 1209 W. Cherry Lane in Meridian from R4 to L-O and R8. ~" ~ .. ~- 2~, Edson and Patricia Fujii Titled Owners (ACKNOWLEDGEMENT -Individual i STATE OF IDAHO ,County of ADA , ss. On this 10th ~y of December in the year of 1 y y 4 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Edson_.and Patricia Fuiii ~e••^----•.~~ known or®i~tif~d~ oft t8~the person;L whose names are subscr~e4~d ~thg~`j~~®>~~ and acknowledged to me that they v e ~~TA~~- ®v, W d e~~ ~~ ~ ,~ •® O& ~, ~~~ ~/ L2~~ Chris M. Sanders (type or print) Boise, ID 9/14/96 400-1 1/85 11-18-1994 X9:37 1 : REDONE B~UNDAI7Y bESCRIPTION FOR MIKE GAMBLIN -STERLING PROPERTIES Parcel 1 ~- 0 P.~2 A parcel of land in West half of the Southeast quarter of the Southwest quarter of Section I of Township 3 North and Range 1 West of the poise Meridian, Ada County, Idaho, more particularly described as beginning 280 foot West of the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of said Section 1; THENCE North, 40 feet to the REAL POINT OF BEGINNING ; THENCE North, 8U feet; THENCE West, 12U feat; THENCE South, 80 feet; THENCE East, 120 feet to the REAL PRINT OF BEGINNING, This description is provided for the limited purpose of meeting the requ' `~~ furnish a description of the property subject to a zone change request. The ~~, . n a load -- -------~ -d.-- description and dons nat reflect the result of an actual survey, p ~ p ~ ,~`~ yA~ D t ~P1 City of Meridian I do hereby agree to post, no later than seven days prior to public hearing, the legal notice of hearing. I will post it in a visible spot on site. ike Gamblin Applicant S ~ g o I - ~ 8 - - - -°-N WEST- - -~ ~3~'b' '~ O7 '~ ~ R1%5800 Rf 96002 0 \ w N .{,r C~1 a R1~SB101 ° R196~00t a19fip0002 D I Z ~ R1~58f01 fR m •IP ~,.,~q 19658001 0 \ f~5Bf01 _ \ _ I o _'R 19658 •la ~, 838232]02 1 ~ /b]]]SUU R3B25270~ I ~'°3B2rj2)025 838252]011 )fi5~501 ~. {;38252)02 I R38252)0~ D I R]655550C ~~ ~ ~ ' ~" ~' . '~ R382~)02 I 38252]0 t3 ~ ~'. 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