Loading...
HomeMy WebLinkAboutWild Shamrock Partnership VARt OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parke Supt. SHARI S. STILES, P fi Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Pollee 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 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALtOJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 30. 1995 TRANSMITTAL DATE: 5/15195 HEARING DATE: 6/6/95 REQUEST: Variance to recLuirement to the the Eight Mile Lateral BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Between E. 1st St. and Meridian Rd JIM JOHNSON, P/Z MOE ALIDJANI, P/Z 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 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: . ,_ - - - - _ i , ._~J1~,~ _•1 APR 1~ ' y5 11 ~ 41 Fig C I T'i' U~ i'ii=k I Li I Ht•d ~~~~ ~- ~ '„- _ _, i "-_t_~ ~1'pgt-ft`s FSX Note 7671 Date ~ e'~ paQes- To ~y, ~~ ^ /•' j From - P CoJDept. Co. - Phone it Phone ~ ~~ ~ ~~ ~ ~ , Fax # ~RIDIAN' Meridian, ID $3b42 VARIANCE APPLICATIOl~ (RE: Meridian Zoning Ordinance) NAME: ~ ~ ~ ~ ~ ~ ~ ~n.lkw~.2oc:~ ~A-T~'-tiefS~.~10 Phone: ~Z 2 - 7$2 (Owner or holder of valid option) ADDRESS : r 2J3 C7 / ~ ~ X~o !r~ ~°'~-' ~2 ~ ~ t ~ z- YD /,jc~~ sG, Qil ' ~.~ 7/.3 GENERAL LOCATION: ~e-'~t cn,., ~ ~S~ 4vv~ Il~lu t ~.+ Wnl R.~ S~ ~ c1~ G~t~ .~1~ LEGAL DESCRIPTION OF PROPERTY: /~- FROOF OF OWNERSE~IP OF VALID OPTION: A copy of your property deed or option agreement must be attached. -,. ' ` PRESENT-ZONE CLAS5IFICATIQN:__- ~ ~ _-_----------_...__.-. _-- - VICYNI'I"Y SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING FROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcet(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: ~u'~ ~~' ~r f~ j,~lvri +~''~- -~ ~, ~ I hereby certify that the information contained herein is true and correct. w tt /~ SIGNATURE: F7 / ITY OjjNC1I RI~COR:DS Date Received City Council Hearing Date Received by 5/10/95 TO THE CITY OF MERIDIAN FROM WH.,D SHAMROCK RE: APPLICATION FOR A VARIANCE 1. SUBJECT PROPERTY: 521 E. FIRST 2. APPLICANT AND OWNER WILD SHAMROCK PARTNERSHIP 12301 W. EXPLORER DR. #240 BOISE, ID. 837 ~ j 3. LEGAL DESCRIPTION AND DEED ATTACHED. 4. PRESENT USE OF PROPERTY: VACANT LAND 5. INTENDED USE OF PROPERTY: THE USE OF THE PROPERTY WILL BE TWO DRIVE- THROUGH PAD SITES AND A 30,000 SQ. FT. RETAIL CENTER 6. IRRIGATION DISTRICT: NAMPA MERIDIAN 7. VICINITY MAP ATTACHED. 8. SITE PLAN ATTACHED. 9. LIST OF PROPERTY OWNERS ATTACHED. 10. THIS VARIANCE IS FOR THE TILING OF EIGHT MILE LATERAL. THE LATERAL RUNS THE LENGTH OF THE PROPERTY ON THE NORTHERN BOUNDARY. THE EIGHT MILE LATERAL IS A LARGE MAJOR LATERAL WHICH IF TILED WOULD REQUIRE A MINIMUM AND PROBABLY GREATER THAN 48 INCH DIAMETER TILE. THIS PROPERTY IS SIMILAR TO THE SURROUNDING PROPERTIES WHICH THE EIGHT MILE LATERAL IS ADJACENT T0. TT IS THE APPLICANTS UNDERSTANDING THAT THE GRANTING OF THE VARIANCE IS IN LINE WITH THE SAME VARIANCES GRANTED ON THE ADJACENT PROPERTIES. S N THE CONDITIONAL USE PERMIT APPLIED FOR BY THE APPLICANT THE MERIDIAN PLANNING DEPARTMENTS RECOMMENDATION WAS THAT, IF THE VARIANCE IS GRANTED, NO FENCING BE REQUIRED IN LIEU OF TILING AS TI' WOULD SERVE NO USEFUL PURPOSE. ALSO, THE COMMENTS RECEIVED FROM THE NAMPA MERIDIAN IRRIGATION DISTRICT DOES NOT REQUIRE OR RECOMMEND THE THIS LATERAL BE FENCED,(SEE ATTACHED COMMENTS) THE APPLICANT WOULD REQUEST THAT NO FENCING OF THE EIGHT MILE LATERAL BE REQUIRED. THE COUNCILS CONSIDERATION OF THIS MATER IS APPRECIATED. ~ ~. /~ Zit'~"Q'~ APPLICANT: WILD SHAMROCK Tix Gr~teef hMeirt have read and fpproved the fdlowinq: Title Fite No.: H94-29419 WARRANTY DEED FOR VALUE RECEIVED MERIDIAN-IDAHO PROPERTIES, a General partnership 1 % ~UUUIJ~S GRANTORis), does(do1 hereby GRANT, BARGAIN, SELL and CONVEY unto WILD SHl,MROCK PARTNERSHIP, an Idaho Partnership GRANTEES(sl, whose current address is: 12301 W, Explorer Dr. , 4240, Boise, ID 83704 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFEREN :E BECOMES A PART HEREOF AND IS COMPRISED OF ONE (1) PAGE syoasso7 E _. ~ . 801 S E (U - 8010E T1ltF i ~#0~ '9`t OCT 4 1 f 1 ` Pi'I FEE ~~ r / ' , ,E ~~ UGi~ RECORDED :.~ ~ • 'il~ : ' GJEST OF TO HAVE AND TO HOLD the said premises, with tholr appurtenances unto the acid Grenteelsl, end Grenteela) heirs and assigns forever. And the said Grantor(s) does(dol hereby covenant to and with the said Grsnteelsl, that Grantor(s) is/era the owner(s) in fee simple of sold prsmiaes; that said premlass ere free from all encumbrsnrxs, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantes(sl; and subject to reservations, restrictions, dedica ions, easements, rights of way and agreements,(if arryl of record, and general texas end assessments, (including irrigatlon and utility assessments, If any) for the current year, which are not yet due and payable, end that Grsntor(a) will warrant and defend the aanro from all lawful claims whatsoever. Dated: October 3, 1994 - M di - aho Properdes ACiN01ILfEpGtE>1•~NT. P+neenbi~ .. i~'i'~..... .. a. On t6ir .... ~~ . ~r d .. . ..........N«~ Po~1araf ...... ~Q~ . ....... pe(ge ..... ,ItMd. a • he ardent far ~• persona Irap red .:.• r'iRAlf.. .......; . . luwrq..... ~,~ io me ro be . .. ~ ~ ... • .~ . . rod the Parr+r+(+) wdw mAam~.. -.,.. ~.~~ famxm, fed acknoeledaed ro me the P°'~ m dre'~Rtau+t in. R ., i• .. eaenrted'rhe rnrx io raid •._i tae u :......... .... ... W~ ~°0~~ ~...... p. ~3 j~7 ::::::::::::::::......... . •••••~~••~ Escrow, Inc. n.rrrc ® Commonwealth. Land Title Insurance Company file No.: 594-29419 179U(T01~59 fiXHISIT "A• A tract of land in the Southwest quarter o! the Northwest quarter of Section Ie, Range 3 North, Range 1 Bast o! the Boise Meridinn, Ada County, Idaho, more particularly described as follows: Coemencing at the Northwest comer o! Section 18s thence South 00.49'05• Weat along the West boundary o! Section 18, a distance o! 1,330.58 feet to a pointy thence South 89.19'50. 6aeC, 25.01 lest to the INITIAI, POINT o! this descripticns thence South 89.19'50" Sast, 424.52 feet to a point on the Westerly right of way o! State Highway No. 69r thence South 01.16'05• West, 193.60 feet along said right o! ways thence along the arc o! a spiral curve to the right having a central angle o! 6°03', a distance o! 213.66 feet, E said arc being subtended by a chord bearing South 3°15'18• Neat, 213.56 leery thence along the arc o! a circular curve to the right ~ having a central angle o! 1.27'26• and a raa.~rt o! 981.74 leer, a distance of 24.97 feet, _ said arc being subtended by a clsord bearing South 08.02.49• West, a distance of 24.97 feet; thence North 89°05'55• Weat, 410.56 leery thence North 00.49'05" Haet, 420.12 lest to the INITIAL POffiT o! this description. HXCSPT Ditch and Road Right-ol-Ways. a ' 1 ~ ~A.Iw 1 _1.1~ a- r ~~I ~, ,R`..; ~1, , ~~; ;~ i =w~ ,~ -r :T,o.~.v ~~~.~ ~~~ . MERIDIAN CITY COUNCIL MEETING: JUNE 6.1995 APPLICANT__WfLD SHAMROCK PARTNERSHIP ITEM NUMBER; 7 REQUEST;. .VARIANCE TO TILE THE EIGHT MILE LATERAL REQUIREMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS (' I" ~ ~~ IX ~ Cl 1 c~ ,~' ~~'~ r~~ SEE ATTACHED COMMENTS /mil Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Fira Chief W. L "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: 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 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEM8ER8 ' RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P ti Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER June 1, 1995 Re; VARIANCE TO REQUIREMENT TO TILE THE EIGHT MILE LATERAL (Wild Shamrock Partnership) 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. We have no particular objection to this variance request. The Eight Mile Lateral is the same waterway that passes along Parkside Creek Subdivision No. 4. Calculations prepared by the Parkside Creek Subdivision's Engineer indicate that a 72" diameter pipe would be required for the Eight Mile Lateral adjacent to their development. C: \ WPW IN60\GENERAL\SHAMROCK. C-C OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Weste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P tL Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO Iv1ERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 30. 1995 TRANSMITTAL DATE: 5/15/95 HEARING DATE: 6/6/95 REQUEST: Variance to requirement to the the Eight Mile Lateral BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Between E. 1st St. and Meridian Rd JIM JOHNSON, P2 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 8 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 RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~_~ e ~. cI ~ .!~; r- HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 62Adm. KENNETH W. BOWERS, FireChfef W. L. "BILL" GORDON, Pollee CAIef WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 30. 1995 TRANSMITTAL DATE: 5/15/95 HEARING DATE: 6/6/95 REQUEST: Variance to requirement to the the Eight Mile Lateral BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT:____Between E. 1st St. and Meridian Rd JIM JOHNSON, P/Z MOE ALIDJANI, P/Z 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ l ~` ~ S-- OTHER: YOUR CONCISE REMARKS: S w s' L ~- N y ,EFF~c f' Sri i ~~/ ~-~ /~ , ~,Cv~ I~ ~ ~~~Q~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Y ur r~r~r~i~~rt~;~ . HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L OASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. P ti Z COMMISSION DENNIS J. SUMMERS, Parka supt. 33 EAST IDAHO JIM JOHNSON, Cnafrman SHARI S. STILES, P at< Z Adm. MERIDIAN IDAHO 83642 MOE ALIDJANI KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief , Phone (208) 888-4433 • FAX (208) 887-4813 L) 2 ~ ~ '~ ~ ir• ~ ~ Q ~~ © JIM SHEARER CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 ~ TIM HEPPER GRANT P. KINGSFORD 1 ~ ~S~a~ '~~~~ Mayor -~I~M~A ~ h~ER1~lAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO JECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 30. 1995 TRANSMITTAL DATE: 5/15195 HEARING DATE: 6/6195 REQUEST: Variance to requirement to the the Eight Mile Lateral BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Between E. 1st St. and Meridian Rd JIM JOHNSON, P/Z MOE ALIDJANI, P/Z 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 YERRWGTON, 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT] BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES YOUR CONCISE REMARKS: To pipe the Eightmile Lateral at this point would take a pipe lamer than 48 inch. The easement on the Ei~htmile Lateral is 80 feet: 40 feet from the center each wav. ,//,,,,~/ ~,..lvy-- Bill H nson Assistant Wat r ~Aerintendenr Nampa & Mer~dian Trrig rinn ni~rrirt v~D ~ ~`(2 6 1995 CITY OF l~ER1DIAN March 15, 1995 William Norris 83720670100 & 83720670200 P.O. Box 828 Boise, Idaho 83701 Zamzows 83720670300 4741 Glenwood Boise, Idaho 83714 First Interstate Bank 81343500020 P.O. Box 160 MS 526 Seattle, Washington 98111 R. Nahas .81343500035 Zurcher Bldg. 102 S. 17th Suite 300 Boise, Idaho 893702 Pizza Hut 81343510075 504 N Phillippi Boise, Idaho 83705 Meridian Bowling S1118223560 2710 Laurelhurst Boise, Idaho 83705 Les Schwab Tire 51118223582 P.O. Box 667 Prineville, Oregon 97754 Meridian Dairy Shows S1118223120 1892 W. Hedricks Meridian, Idaho 83642 City of Meridian 51118212610 728 Meridian Meridian, Idaho 83642 G & H Enterprises S1118233830 P.O. Box 190008 Boise, Idaho 83719 First Security Bank S1118233663 & 51118233666 P.O. Box 30006 Salt Lake City, Utah 84130 f March 15, 1995 Guardian Management P.O. Box 5668 Portland, Oregon 97228 Robert Mayfield 305 S. Meridian Meridian, Idaho 83642 Allen Centers 325 S. Meridian Meridian, Idaho N & D Inc. P.O. Box 851 Meridian, Idaho 83642 51213110285 S1213110140 51213110080 51213142300 51213142240 83642 S1213142230 51213142200 Russell Johnson 51213142110 P.O. Box 381 Meridian, Idaho 83642 Willowbrook Dev. S1213142030 210 Murry Boise, Idaho 83642 Nancy Danzer 51213142010 613 S. Meridian Meridian, Idaho 83642 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 6, 1995, for the .purpose of reviewing and considering the Application of Wild Shamrock Partnership, for a Variance application for land located in the SW 1 /4 of Section 18, T.3N, R.1 E Boise Meridian, Ada County, Idaho, and which property is generally located between E. 1st Street and Meridian Road. The Application requests a Variance from the requirement to the the Eight Mile Lateral. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and afl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 15th day of May, 1995. _~ WILLIAM G. BERG, JR., CI C ERK a- r i ~. ~~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GORDON, PoIICe Chlet WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (Z08) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS , RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 30, 1995 TRANSMITTAL DATE:. _5/15/95 HEARING DATE: 6/6/95 REQUEST: Variance. to requirement to the the Eight Mile Lateral BY:1Nild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Between E. 1st St. and Meridian Rd 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 ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN ~~ Boise ~"~ Title & Escrow, Inc. 8665 West Emerald, Suite 200 • Boise, Idaho 83704 (208) 377-3190 • Fax (208) 377-5861 RECROI RECORDING RECEPTION DATE 5/11/95 TIME 12:16»21 NUMBER DATE HR MIN INSTRUMENT 094089307 100494 04 11 101 WRTY/QCD GRANTOR= Last Name, First Name, Middle Init 1. MERIDIAN IDAHO PROPERTIES 2. 3. 4. 5. 6. GRANTEE: Last Name, First Name, Middle Init 1. WILD SHAMROCK PTNRSHP 2. 3. 4. 5. 6. AMOUNT OTHER N0. COMMENT MICROFILM NUMBER BOOK PAGE ~ 6.00 1790 1558 CF1-EXIT CF2-SEARCH Alt-Z FOR HELPS ANSI 3 FDX 3 9600 N82 3 LOG CLOSED :3 PRINT OFF ~3 ON-LINE .fit. Meridian City Council July 5, 1995 Page 9 Kingsford: Some very strong similarities in the comments on those. Any further discussion or questions of staff? Corrie: Mr. Mayor, I move we table item #3 until the July 18th meeting. Yerrington: Second Kingsford: Moved by Bob, second by Max to table the final plat for Salmon Rapids Subdivision No. 2 until the July 18th meeting, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WILD SHAMROCK PARTNERSHIP: Kingsford: Has the Council reviewed those amended findings? Corrie: Mr. Mayor, I just got them I am sorry, give me a second. Kingsford: What was with regard tot he fencing and tiling of the ditch. Is the Council prepared to take action on the findings? Morrow: Mr. Mayor, I move that we adopt and approve the findings of fact and conclusions as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the amended findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, it is decided that the application for a variance from 11-9-605M is granted that the applicant shall not fence the Eight Mile Lateral. That the applicant shall place and construct the landscaping along the Eight Mile Lateral that its plan show. ~h~ t Meridian City Council July 5, 1995 Page 10 Yerrington: Second Kingsford: Moved by Max, second by Max to approve of the decision on the findings, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: DANBURY FAIR SUBDIVISION NO. 5, 33 LOTS BY B.W. INC.: Kingsford: Does staff have any questions of the developer or staff? Morrow: I have a question of Gary, site specific comments No. 2, street frontage of lots 47, 49 of Block 8 don't meet the minimum requirements for an R-8 zone. Please revise to provide a minimum of 65 feet or (inaudible) has that been addressed? Smith: Councilman Morrow, do you mean by the applicant? Morrow: Yes Smith: I haven't heard from them directly about it. I don't think that it is a problem. I guess I should say it needs to be 65 feet unless a variance is requested. I think they can get that alright. Morrow: The 65 feet? Smith: Yes Kingsford: Have you reviewed Gary's comments? (Inaudible) Morrow: You are agreeable to all of the site specific comments (inaudible) Kingsford: Dan would you come up so we have you on tape, we want to be able to hang our hat on what you said. Torfin: I have reviewed his comments, I just received the Planning Director's comments tonight but I think we can address all of those comments and make sure we have taken care of all of the requirements before the plat is signed. Kingsford: Any other questions for Mr. Torfin? Meridian City Council June 20, 1995 Page 4 Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea, MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, it is hereby decided that the variance of the setback ordinance is hereby granted if the applicant executes an indemnification and hold harmless statement to indemnify the City and hold it harmless from any and all liability for granting this variance. And that prior to any additional construction on the storage structure or the concrete pad the above agreement must be executed and delivered to the City and approved by the City Council. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anna, would you highlight that section and forward that to the applicant tomorrow? ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WILD SHAMROCK PARTNERSHIP: Kingsford: Has the Council reviewed those findings? Tolsma: Mr. Mayor I move that we approve the findings of fact and conclusions of law for the variance request for the tiling of the Eight Mile Lateral for Wild Shamrock partnership. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for Wild Shamrock Partnership, comment Mr. Morrow? Morrow: 1 have a question on item 13 on page 6 and maybe just need to refresh my memory here but was in the proposal of the request for this variance was fencing Meridian City Council June 20, 1995 Page 5 discussed and access to the lateral and was possible landscaping within the Eight Mile Lateral easement for aesthetic purposes, were those 2 issues discussed in their application? Kingsford: Those issues as well as my recollection, the portion on the North and east, north mainly would run in part adjacent to future golf course area. Is that not right? Crookston: This is the land that is north, south of the bowling alley. Kingsford: Excuse me, I am lost. Tofsma: I think what happened was the bowling alley wanted, didn't want a bridge put across that because their parking was created by ACRD over there, they had (inaudible) so the bowling alley doesn't want a bridge across there, a vehicle bridge. Morrow: In the original hearing before us there was on the part of the applicant there was some, a presentation that they wanted to use that as a future access point and we deferred from that. In terms of the variance request that was asked for at our last meeting I don't recall these 2 things being part of the variance request. 1 thought that the variance was simply not to the the ditch, we had some discussions initiated by me with respect to size of ditch and the amount of water and Mr. Caven who testified indicated that between their engineer and Nampa Meridian's that the flow was well in excess of the 48 inches in diameter. f did not remember any of these things as being discussed. Kingsford: I think that is probably right Mr. Morrow. And of course the applicant is only the owner of the land on the south side. Mr. Caven is here and may address that question if you would like? Morrow: I think I would like an answer to it because I guess my reluctance here is to adopt findings of fact and conclusions with what amount to surprises to the applicant perhaps. Kingsford: Mr. Caven? Caven: First of all regarding the fence, the comments from staff and from the Nampa Meridian Irrigation District was that they did not require tiling or fencing of that lateral. In regards to the landscaping that was addressed on our site plan when we came forward with our application for the conditional use permits it had the landscape shown on the site plan. Off the top of my head I can't remember, Shari do you remember if there was landscaping on the north boundary? The plat here shows that there is landscaping on the north boundary that (inaudible). It looks to be about a 20 foot landscaping area. Meridian City Council June 20, 1995 Page 6 Kingsford: Other questions Mr. Morrow? Morrow: 1 guess my question would be is that was part of the presentation for the conditional use, why is it part of the findings of fact with relation to the variance was for the tiling of the ditch only. Why is it part of the conclusions? Kingsford: That was drawn I think in sum from that testimony, counselor? Crookston: Yes, we have in previous applications for a variance from the tiling requirement required fencing, specifically I recall the variance for Parkside Creek on the Eight Mile Lateral. The landscaping came from the conditional use idea, the fencing I put in there as a condition of granting the variance because I think that we do need something to prevent access to the Eight Mile Lateral because the reason that the Council passed the tiling requirement was a safety factor. If you don't require the tiling I think that you do need to place some kind of safety means around or on the area so that access is limited as best you can. Tolsma: We have done that all on previous residential properties (inaudible). Kingsford: You have required tiling in an industrial park most recently I believe Meridian Industrial park. Morrow: 1 think the issue there was it was less than 48 inches and if fell well within the issue. I think if I am understanding this property right the request for the variance was a variance from the tiling according to Mr. Caven the Nampa Meridian had recommended neither tiling nor fencing. I guess the question is in this particular ditch is that you have total access to the ditch on the north side of it by virtue of the fact that is it not Gem Street that runs immediately next to. If you are going to requiring fencing how does that impact their property in terms of, where does the fence sit? Does it sit out into the property and thereby cut off access to landscaping. Does Nampa Meridian have a setback requirement for purposes of maintenance or is Nampa Meridian agreeable to maintaining from the north side only. 1 think those are questions that I would like to hear the answer for. Caven: What Nampa Meridian would require, they have a 30 foot easement there so my fence would be 30 feet from the edge of the lateral where I have proposed landscaping at this point. They would not want the fence in their easement because they couldn't move their trucks. If I put in grass and so forth that is fine in their easement and that is what the landscaping is proposed is in the 30 foot irrigation easement. If I put a fence up it has got to be 30 feet from the edge of the lateral. Morrow: From water's edge, so from a practical standpoint how do you maintain the Meridian City Council June 20, 1995 Page 7 landscaping? Caven: Everything north of that fence will not be landscaped, it is not on our property and we will put the fence up and the irrigation district will maintain that no man's land. Morrow: So if I understand what you are saying correctly if the fence is not there then it gets that 30 feet gets landscaped. If the fence is there then the 30 feet does not get landscaped. I see Caven: Looking in the future and we put a fence up now Meridian Road, if you know Meridian and 1st there is a lot of design right now going on in the improving of those 2 streets. I think ACRD is considering Gem doing improvements to Gem Street at the same time. If they would do that I would foresee that lateral would be tiled by ACRD to get the road. width they would like going through there. We have a meeting scheduled with them next week to talk to them about some of the ideas because we are bonding for some of those improvements. Morrow: I think the other issue from our standpoint as a City is that we are not very far off of seeing that final design from Franklin Road/East First/Waltman Lane that entire area. Gary does that include Gem Road also does it not? Is there not some stuff there, there is, not? Smith: I haven't seen anything on Gem. Caven: I think ACHD contacted us and wanted to meet because I think they are now thinking follow the road improvement they would like to see Gem Street be a part of this project and include it in there. My feelings would be if I have to put up a fence I might as well take the cost of that fence and work with ACRD and see if they would foot the rest of the bill and put that money into tiling. If we are going to go to the expense of putting up a fence and not having landscaping. I would rather take that money and work with ACRD and get the ditch tiled. Morrow: I think from a practical standpoint Mr. Caven that work by ACRD is some 2 years away yet. Caven: Yes, maybe, I know Les Schwab is bonded or put in money for trust for improvement of Gem Avenue also. Morrow: I don't have anymore questions. Kingsford: You have heard the motion and second, roll call vote. Meridian City Council June 20, 1995 Page 8 ROLL CALL VOTE: Morrow - No, Yerrington -Yea, Corrie - No, Totsma - No MOTION FAILS: 3 - No, 1 -Yes Kingsford: That being the case you need to look at amending your findings. Crookston: That I can do. Kingsford: I assume that you are talking about them specifically dealing with that issue of fencing. Morrow: That is correct, I have no problems with the rest of the findings. I do have a problem with the conclusions with respect to fencing. Kingsford: From my standpoint I would like to see the result of the meeting that Mr. Caven has with the Highway District if we are talking 2 years tiling I would not be for necessarily putting a fence up that is gone for all the years that lateral was created. It is an industrial area rather than a subdivision 1 don't have as much concern as I would if it were in a subdivision. I share your concerns generally. Totsma: Especially where the other side is controlled by ACRD and they don't (inaudible) so it is still open on one side and not the other. Morrow: The additional point here is that ACRD controls the fate of that fencing on 3 sides, that property has been a functioning commercial entity for a number of years. It has only been within the last couple of years that there has been virtually not much going on there. So, that seems to me to be part of the issue also. I think in this case it would be better to have grass than fence and bareness in the short term. And if ACRD is going to incorporate covering it in the long term than it is mute. Kingsford: Another minor consideration is the Fire Department does use that on occasion for drawing water in that particular area in the case of a fire if there is insufficient hydrant capacity too. Access is useful in that regard. So anyway, I guess the proper motion would be to have the City Attorney prepare amended findings. Morrow: Mr. Mayor I would move that we instruct the City Attorney to prepare amended findings of fact and conclusions of law for the Wild Shamrock Partnership. Totsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare amended Meridian City Council June 20, 1995 Page 9 findings of fact and conclusions of law for Wild Shamrock Partnership, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: If you would Mr. Caven the results of that meeting would be beneficial to the Council ITEM #7: AMENDED ORDINANCE#639 -SALMON RAPIDS ANNEXATION: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like amended Ordinance #639 read in its entirety? Seeing none I would entertain a motion on Amended Ordinance #639. Tolsma: Mr. Mayor I move we approve Amended Ordinance #639 with the suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve of Amended Ordinance #639 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #8: AMENDED ORDINANCE#640 -LOS ALAMITOS: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #640 read in its entirety? Seeing none I would entertain a motion on Amended Ordinance #640. Yerrington: Mr. Mayor, I move that we approve #640 Amended Ordinance with the suspension of the rules. MERIDIAN CITY COUNCIL MEETING: JULY 5 1995 APPLICANT WILD SHAMROCK PARTNERSHIP ITEM NUMBER; 4 REQUEST; AMENDED FINDNGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQU~3T AGENCY 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 NAAAE COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN fRRIGATION; ~~ B r~~~ ,~~GI C~ D~ ~ apPr SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: A~! Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF WILD SHAMROCK PARTNERSHIP FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES AMENDED FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on June 6, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Mike Caven and the City Council having heard and taken oral and written testimony and the City Council having considered these Findings of Fact and Conclusions of Law at the Council meeting on June 20, 1995, and having denied them and the City Council having reconsidered the matter, the City Council of the City of Meridian makes the following: AMENDED FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for June 6, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 6, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 1 Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant has requested that it be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight Mile Lateral would require the of greater than 48 inches; that Mr. Caven stated that Parkside Creek has been granted a variance where the the would be 72 inches; that this property is upstream from Parkside Creek; that Mr. Caven stated that the plans for development showed landscaping south and along the Eight Mile Lateral. 5. That the comments received from the Nampa Meridian Irrigation District stated that the Eight Mile Lateral at this location would require a pipe larger than 48 inches; that the Irrigation District did not state it desired to have the lateral piped. 6. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 7. That the property in the area where the variance is requested is zoned C-G, General Retail and Service Commercial. FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 2 8. That the Application states that Wild Shamrock Partnership is the owner of the property. 9. That the City Engineer's Department, Meridian Fire Department, Police Department and Nampa Meridian Irrigation District submitted comments regarding this application and they are incorporated herein as if set forth herein in full. 10. That there was comment at the June 20, 1995, meeting when the proposed Findings of Fact and Conclusions of Law were considered that stated that the Ada County Highway District (ACHD) may be desirous of changing Gem Street which is immediately north of the Eight Mile Lateral where it abuts the Applicants land; that if Gem Street was changed ACHD may the the ditch; that it was discussed that if ACRD was going to the the lateral there should be no requirement that the lateral be tiled and that there should be no requirement that the lateral be fenced; that it was discussed that the City should know in two years whether Gem Street would be improved and the Eight Mile Lateral tiled. 11. That it has recently come to Councilman Morrow's attention and knowledge that ACHD may not be making any improvements to Gem Street or to the entire area around the confluence of East First Street and Meridian Road for over three years and maybe longer than five years. 12. That no other testimony was heard at the hearing. AMENDED CONCLUSIONS 1. That all the procedural requirements of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 3 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 Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council is considering changing the Ordinance regarding the piping of large ditches if the piping would FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 4 require a pipe larger than 48 inches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to the Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 5 variances where the size of the the would be greater than 48 inches and for the Eight Mile Lateral. 9. That the requirement of tiling ditches is a health and safety requirement; that in a prior variance application it was stated that it may be more hazardous to have the ditch tiled then it would be not to have it tiled and it appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable, particularly because Gem Street may be improved and the lateral may be tiled by ACRD. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 6 13. That since Gem Street may be improved by ACHD and the lateral tiled at that time by ACRD, the piping of the lateral ditch should not be required and fencing should not be required to prevent access to the lateral in that ACRD may do improvements in the area which would require that the fence be removed. 14. That the Applicant shall place the landscaping along the Eight Mile Lateral that its plans show. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED That it is decided the Application for a variance from 11-9-605 M is granted; that the Applicant shall not fence the Eight Mile Lateral; that the Applicant shall place and construct the landscaping along the Eight Mile Lateral that its plans show. APPROVED:c~~~~ ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 7 a - '~ Meridian City Council June 6, 1995 Page 15 Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare findings of fact and conclusions of law for Richard Heaton, all those in #avor? Opposed? MOTION CARRIED: All Yea Kingsford: Again, Richard we will have those at the next meeting and we will take action then. ITEM #7: PUBLIC HEARING: REQUEST FOR A VARIANCE TO TILE THE EIGHT MILE LATERAL BY WILD SHAMROCK PARTNERSHIP: Kingsford: At this time I will open the public hearing on that issue and invite the owner or his designee to speak first. Mike Caven, 6874 Fairview Avenue, was sworn by the City Attorney. Caven: We are requesting a variance to the the Eight Mile Lateral, this is following a conditional use permit that was before this Council. I don't know if it was your last hearing or the hearing before I believe and that was the City requested we apply for a variance. We have read the comments by the City, we have no problems with the comments. So if there are any questions? Kingsford: Does the Council have any questions of Mr. Caven? Morrow. In their application it says the ditches are probably greater than a 48 inch diameter, did you confirm that is either greater or lesser? Caven: I have talked to the irrigation district and that is their note in here that this is probably 48 without them going out and doing any studies. The city comments from the City Engineer Bruce Freckleton I guess this lateral also goes through Parkside Creek Subdivision and the engineer that was on that project indicated it was 72 inch diameter would be required to the the Eight Mile Lateral through that section. When I talked to the City they said a minimum of 48 and they are probably saying that is not correct it is probably higher. Kingsford: Their comment sheet says larger than 48 inch from the irrigation district. Tolsma: (Inaudible) Morrow: I understand Ron it is the same one but everybody keeps coming with these lateral things saying it is greater than 48 inches, at some point in time water is taken out ~~ ~ Meridian City Council June 6, 1995 Page 16 of the laterals and they become less than 48 inches. My concern here is, is it 48 inches? It is 72 at Parkside Creek but how much water comes out before it gets to this part of property. Tolsma: This is before Parkside Creek. Morrow. So we know then Tolsma: This is just across the street from the speedway. Morrow: At this point, so there is no other water that goes into it or out of it? We are saying it is greater than 48 inches? Kingsford: Well, sometimes Ron it rains, so it could be more water going in it. But the note from Nampa Meridian is that it is larger than (inaudible) determined exactly. Your point is well taken, water is in and water is out. Any other questions for Mike? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Corrie: Mr .Mayor, I move that we have the Attomey draw up the findings of fact and conclusions of law for the variance to the the Eight Mile Lateral. Yerrington: Second Kingsford: Moved by Bob, second by Max to have the City Attomey prepare findings of fact and conclusions of taw on the variance request for the Eight Mile Lateral by Wild Shamrock Partnership, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: REQUEST FOR A WATER HOOKUP BY TOM MYALL: Kingsford: Do you want to make a presentation or does the Council have questions? Morrow. You are aware of the necessary fees? Myall: Yes Morrow. That is the only issue I have. I have no objections. Kingsford: Is there a motion? MERIDIAN CITY COUNCIL MEETING: JUNE 20.1995 APPLICANT WILD SHAMROCK PARTNERSHIP ITEM NUMBER; 6 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW ~l~t ~ ,V~ n~ ~ ~i~~ ~. OTHER: X11 Materials presented at public meetings shall become property of the City o1~lYCeridia~-. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF WILD SHAMROCK PARTNERSHIP FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on June 6, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Mike Caven and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for June 6, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 6, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 1 waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area .being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant has requested that it be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight Mile Lateral would require the of greater than 48 inches; that Mr. Caven stated that Parkside Creek has been granted a variance where it is 72 inches; that this property is upstream from Parkside Creek. 5. That the comments received from the Nampa Meridian Irrigation District stated that the Eight Mile Lateral at this location would require a pipe larger than 48 inches; that the Irrigation District did not state it desired to have the lateral piped. 6. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 7. That the property in the area where the variance is requested is zoned C-G, General Retail and Service Commercial. 8. That the Application states that Wild Shamrock Partnership is the owner of the property. 9. That the City Engineer's Department, Meridian Fire Department, Police Department and Nampa Meridian Irrigation District submitted comments regarding this application and they are FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 2 incorporated herein as if set forth herein in full. 10. That no other testimony was heard at the hearing. 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 Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 3 or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council is considering changing the Ordinance .regarding the piping of large ditches if the piping would require a pipe larger than 48 inches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 4 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the the would be greater than 48 inches and for the Eight Mile Lateral. 9. That the requirement of tiling ditches is a health and safety requirement; that in a prior variance application it was stated that it may be more hazardous to have the ditch tiled then it would be not to have it tiled and it appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of .ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 5 e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 13. That since the piping of the ditch is not going to be required and the property is zoned for commercial uses with many people being near the lateral, fencing should be required to help prevent access to the lateral; that it is concluded that the Applicant should be granted the variance and should negotiate a license agreement with the Nampa Meridian Irrigation District to allow fencing and if possible landscaping within the Eight Mile Lateral easement for aesthetic purposes, which the Applicant should maintain. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS VOTED ~~%' ~V VOTED VOTED ~~ //~~ VOTED~~1Vl~(/ VOTED Page 6 DECISION That it is decided the Application for a variance from 11-9-605 M is granted; that the Applicant shall fence the Eight Mile Lateral and shall enter into a license agreement with the Nampa Meridian Irrigation District to allow the fencing and possibly landscaping within the Eight Mile Lateral easement which the Applicant would have to maintain. APPROVED• v DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW WILD SHAMROCK PARTNERSHIP - THOMAS Page 7