Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Gamblin, Mike RZ
LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE,NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z .MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, 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 HEA1jTH NAMPA MER�n!",' tom;'- ".A •jION DISTRICT SFTT:�E'5; iF "''k'iOe-j,3TRICT 1 & FINAL PLAT) PLAT) ' IM & FINAL PLAT) '1 y , RELIM & FINAL) i� 0-1q $,\o YOUR COI � 1 �f HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Co�� .r1� rnbers CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE,NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z .MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, 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 HEA1jTH NAMPA MER�n!",' tom;'- ".A •jION DISTRICT SFTT:�E'5; iF "''k'iOe-j,3TRICT 1 & FINAL PLAT) PLAT) ' IM & FINAL PLAT) '1 y , RELIM & FINAL) i� 0-1q $,\o YOUR COI � 1 �f JUN 30 t l CITY 0 ',AkRTj)MN CITY OF MERIDIAN P WG & ZONA 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 u Fax: (208) 8874813 KZ- q f1- Opt APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: l ffw Mlp (' `I" �f'Sy t?- `' .. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): IC &S ib Pforosit ACRES OF LAND IN PROPOSED At O *w PRESENT LAND USE: k P 1 y Dy , �� $ V H /I V T- POT T -LIS f -b PROPOSED LAND USE: kub li IL. Tp (. "O PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT: "� 'Ib,� APPLICANT: � I K Q (? A jR15L i J PHONE: 3 Z Z S S g q ADDRESS: 5ZO6 u - G- I u 04 V i'ft P I, -tc) 15 � a 9 3 ENGINEER, SURVEYOR, OR PLANNER: jA'Yk s (i P,56rl PHONE: 31-0.3 7-(;o ADDRESS: OWNER(S) OF RECORD:IY � t (R Alu 16 C. ( � PHONE: 3 ZZ - SS ADDRESS: 3 w N • � (lu IS f A N-•, b0,1 S� , 3'�- Q*5704 igffiture of Applicant Rezone application 1209 W. Cherry Lane Mike Gamblin 1. Michael L. Gamblin 3208 N. Linda Vista Pl. Boise, ID 83704 (208)'322-5544 2. Applicant is titled owner, copy of deed attached. 3. Notarized request for rezone attached 4. Copy of signed and stamped legal description attached. 5. Present land use is a vacant field contiguous and directly behind house converted to office space. 6. Proposed use would be for a professional office to be constructed on the site. 7. Present zoning is R-8. 8. Proposed zoning is L -O. 9. See attached 10. See attached 11. See attached 12. See attached 13. See attached 14. See attached 15. Paid 16. See attached 17. See attached r. () 5 ,. 95 -2039.- THIS FOP`d FURNISHED COURTESY OF: i ;"D STEWART TITLE r of ) L 93 do READ & APPROVED BY GRANTEE(S): • , `� r>, s FSE ,— ,, 9�: 0 F - SPACE ABOVE TI�!Ey1, EF.ORRECORijRV&6') S7 A {6800} ,,,, + e _- r,, Order No.: ,94051607 DR n , ;WARRANTY DEED FOR VALUE RECEIVED EDSONfA. FUJII and PATRICIA A. FUJII, husband and wife 4 b. • GRANTOR(S), does(do) hereby GRANT, BARGAIN, -SELL and CONVEY unto MICHAEL L. GAMBLIN and MICHELE B. GAMBLIN, husband and wife GRANTEE(S),-whose current address is: t1927 SE 5TH WAY, MERIDIAN; • IDS 83642 the following described real property in f ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. ,_ i TO HAVE AND TO HOLD the said premises, with their appurtenances unto the'said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) •is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and..those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements,. -rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March.:27. 1995 EDSON A. *FUJII P TRICIA A.FUJII STATE OF IDAHO ) COUNTY, OF ADA ) r a On this 28th day of March , in the year of 1995 , before me, the undersigned, a Notary Public in and for said State, personally appeared Edson A. Fuj ii and Patricia A. Fuj ii known or identified acknowledged to me whose name(s) is/are subscribed to the within instrument, and ;same. Signature: s - -d �&� Name: DOROTHY J. ARACE ft)w 0, print) Residing at: BOISE, IDAHO My Commission Expires: 01/27/97 I ORDER NU. ) 940516?WR EXHIBIT "A" PARCEL I That portion of the West one-half of the Southeast Quarter of the Southwest Quarter -of Section 1, Township 3 North; Range 1 West, Boise -Meridian, Ada County Idaho, more particularly described as follows: Beginning 280 feet West of the Southeast corner of the West one-half of the Southeast_ Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise -Meridian; thence North 330 feet; thence West 120 feet; thence South 330 feet; thence East 120 feet to the PLACE OF BEGINNING. EXCEPT the North 15 feet of the South 40 feet conveyed to Ada County Highway District for public right-of-way by°deed recorded under Instrument No. 7704517. PARCEL II A portion of the following described property: An Easement for Ingress, Egress, and Utilities, located in the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, - Idaho; more particularly described as follows: COMMENCING at the Southwest corner of the West Half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence East 220.36 feet to the REAL POINT OF BEGINNING; thence North 00 degrees 07' West 476.41 feet to a point; thence North 19 degrees 23' East 394.24 feet to a,point; thence North 00 degrees 07' West 105.78 feet to a point on a curve;, thence curve right on a curve whose radius is 37.50 feet, whose central angle is 32 degrees 2912011, whose long chord bears North 39 degrees 49120" West 20.98.feet to a point; thence West 180.06 feet to a point of curve; thence curve right on a curve whose radius is 37.50 feet, whose central angle is 312 degrees 50140" and whose long chord bears North 30.00 feet; thence East 180'.06 feet to a point on a curve; thence curve right on a curve whose radius is 37:50 feet, show central. angle is -212 degrees 15120". whose long chord bears South 50 degrees 25140" East 72.05 feet; thence South 00 degrees 07' East 113.00 feet to a point; thence South 19 degrees 23' West 394.24 feet to a point; thence South 00 degrees 07' East 469.27 feet_ to a point; thence -West 42.00 feet to the REAL POINT OF BEGINNING. s Said portion more particularly shown in yellow on Exhibit "A!' attached hereto and made a part hereof. d 0 3. Notarized request from titled owner June 22, 1999 City of Meridian, 0 I We do hereby provide this letter, witnessed before a notary, as proof that we agree with the rezone request to Limited Office for the parcel immediately behind 1209 W. Cherry Lane in Meridian, Idaho. Mime Gamblin Owner Michele Gamblin Owner ACKNOWLEDG�EMENNTf -Individual STATE OF "-� ' Countyof ss. 5 On this y in the year of before e, th and Mid, P i d ff 'd�S�rte, acs nall tap e 'ly known or,idetd r J(j�9tt%e person—whose name subscribed to within in i and ackn wledged to me that executO tlS . am(Di7e, �• nat `gee �c�G �f�j �Pa, GG c�oe type or P �UuuouliZng at* My commission expires: 400-11/85 I ' RF:70NE BOUNDARY DESCRIPTION 4 FOR MIKE GAMBLIN - STERLING PROPERTIES Parcel 2 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. This description is provided for the limited purpose of meeting the re Ip urnish a description of the property subject to a zone change request. The n a deed description and does not reflect the result of an actual survey. �O �f Q F #4l 0 1 �a� 0 L� 9. Characteristics that make this rezone desirable. The request, if granted, who allow for the development of the entire parcel at 1209 W. Cherry Lane into a new and professional office structure and enhance the look of the Cherry Lane corridor and the entrance to the Leisure Lane subdivision. Additionally, development would remove undesirable structures from the site and add street improvements to Leisure Lane adjacent to subject property. The rezone would remove a dual zoning to one parcel. 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 September 21, 1999 for the purpose of reviewing and considering the application of Mike Gamblin for rezone of .6 acre from R-8 to L -O, which is generally located at Cherry Lane and Leisure Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1"t day of September, 1999. PUBLISH September 8 and 15, 1999. �' "j, J" ANGEd SiMS, DEPUTY CiTY CLERK 11 11 w Z a N W z J m Q W Y d d LL O O AD a 0 M O a N O O P ** TX CONFIRk*i N REPORT DATE TIME TO/FROM 06 09/01 14:01 208 888 1097 _` AS OF SEP 01 49 14:01 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'27" 001 004 OK 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 September 21, 1999 for the purpose of reviewing and considering the application of Mike Gamblin for rezone of .6 acre from R-8 to L -O, which is generally located at Cherry Lane and Leisure Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1t day of September, 1999. PUBLISH September 8 and 1S, 1999. ANGEd SIMS, DEPUTY CITY CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City'Hali, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Mike Gamblin for rezone of .6 acre from R- 8 to L -O, which is generally located at Cherry Lane and Leisure Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and thempublic is welcome and invited to submit testimony. DATED this 10'' day of August, 1999. PUBLISH August 11 and 25, 1999.OF ** TX CONFIRM"* REPORT ** DATE TIME TO/FROM 10 08/10 14:07 208 888`109? f;t AS OF AUG 10 '014:08 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'27" 001 106 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall; 33 East Idaho Street, Meridian, Idaho, at the" hour of 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Mike Gamblin for rezone of .6 acre from R- 8 to L -O, which is generally located at Cherry Lane and Leisure Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10th day of August, 1999. PUBLISH August 11 and 25, 1999. I WILLIAM G. BERG, JR., CITY CLERK a E Cnr Anrruinfohln RAnil AML �� y Ul ? W 1r N 1 jar O CO C D �I CD m -01W N i m TO DZ CL sf o a3 NCOGN C7 z V CD m o -e0 �p CL Ij -Z-D -s_ .� � y -c �u N J ap too m F� U 1- F'' C-4F� w � pd . C �--� �O(D N t7 F� H �. ro F-` d F- d �-' 00 F ' 00w ! • 1 W` :z z "0 O P. N0 V w N O, O0•O W CT I'D V 00N 11 CT H. O C -4 N I-- W F- 00(D F- Fl V w .L- W O C -IO 0,� CD r-0'3 ~cwt VVI O vi�Yl- Crib I� `C �f-�vt�00¢�_�� ra- N`C- -0 � cD m N• z .. Z TJ�t cD P rt a.`°w ' N• H w cn t7 rt s2� �; cD � �r c� d °O m w nPJ� a. w H- (D H t7� F 62 F.� (D v, r ti n rt F- . w ., � CO o F- H FC x �' • n (n (r CD F✓ rt (D Q•� w �' F-' �' 'rJ F v F-- (n (D O GG (n Ft Q C g D O m m m rr ¢� _ � tz, N• ED x F-� 0° 1-' ct (r � O ri (D U- t7 " (D w X31 F� Q' � w H (D H rr �' LTJ t t, I-' O rr � r (D Q,) (D f-'• n a R yI-'w P� IDI) zii H. (D O I-'• ocry� rt .b m (rte c��C9or�b rr y C (D (D C (D (D ti rt C o w 0 CD 4(D P✓ 5 t7 0 co w rt rt cn o cl(D-�� �O ww r N ri CD F'• m(D RD' r O N n ' (D (D rt ri ` (D fD ri fD ti ti lD 3 n `C w td i w Cn W (D (D ri " `C N. fD n P. Z N. N. ca CS t N. P, n F• N � ''d n P. � N• P. by N. (D P. � a T F • F¢�•a (D H. Ps t7 � F. F-'• (D H F -h F-'• I-�• fD w (D Fes• w° C :r O w 0 w 3 . ' P N• d td rr ri w rt H rt � F�• Q� w (D ri O S y Z W rJ 0• H n H B H r -r H ,3, F"I H CD I a H rt t7 (D F• � W cn (D H tl t7 rt t7 H t) 00 t7 O H t7 Cj x H C7 t7 d ❑❑❑❑a m n m o (n DD W H t7 O v� C� 00 �I 07 00 9 ao Co ao v m 00 (3*% I 00 W W 00 O w w W F W W w 0 0 57 m m o m w cn w a\ ON w \10 ON w ON (D Cr Cs ON o y -'`D ON N 00 �O ON .P m O\ I 4--O\ `C -P-4- @ L� w N N d\ P N NN N N N a amz CD N v i N N CT N O I, N y I� p f F-' o `° F-` N I A O% W I-- N In 4 -- I; � ❑❑ ❑3 a XETET °m� in %n X- N N w F� l0rr (D v (D o m V M —lb W CD N N m w'fDa(D - 4 -n N N - O m CD Ir T'v°Kuiw� W `O C):)ovC M*O ❑❑CD 00° -'mom= oom �= � wQ :T (2. n 0 a 3 y O .�Ny Qm�N (D cQ S 7 N p CD 7t N .�. 0 (n m ID ?D. c' y a s p m y m y OO y �'R ID j 3ryNNQC N CD N N O. n 0 CD (D CD CD jm O.O <Dy OOy O SEAN. O Z N O m n n C Ot -fid s�CS 217 CtC CD 7C 0Dl y .7m _ _ (D O N n O O C (D 7 m N y O. -yp ; SD w2 3L o nmi mom3ooO v, q c C oO -m3aC 3' m3-. �m C) (n cn °-ax m���m OOSmN �3 o- 0 C Oa mow C1 x 2 O p3 'a. 7 3 C CD Q-.@ T7J m O W- 3 OC D)`<G' X w -.N 0 O7�' mC=L N�a0 .. CD Ju ib =- N cD (Dy N m N CD d OT Cn O 7 NX W.tD O CDp .+J O n --' COR �3o3c.n n (p ., TCn 33 o O N CD �y-? t 0o m j •- .7 42 L1 N� j 3°fC S y¢0m lv �.0m3 G) _~ (nmp D)C x. V m_ w, m 0 0 3 Vj CDCD M 0 CL W CL, y Z x C m a Gnr Annnointfthln RA�il -n r -I J (n r A 1 W N O co oo v m -P, co N r m O Z �� RFD 3 N N N Ncp N ca �` a CD CL V ao m nip �O t�' "Ll S1 ZD _ -nCD lu /�. !/^�► R+ 3 CD CD -4C ZF A �o L4� N H -g g L- G� v i t j LA) x �.Z O 'ct.h-+ HO ON W N•�O I AQ �w O(D N �•(1 0Q3 Nri -P- 54 O� O1G co a,ri a 3 �' Z Ori UO'a V M OM vi O , w v N a aH. CA � (D (D w `C' (D tri C-) 0 0 (D F _ F -J E ri � 3 (�D W ` ,� 3 °� wCD w i C-4 c� � r -A c� r � V � � o m m o ��d��Nw•ct� �� rt 03 CL R H. (D C:r F cn CD C] rd 11r. - O rt rt Ir rt (D w 0 t'' (D C ri SDSD dd S N R� N• F6' N x ri x t7 (D N ct w ca l (D N• ' O n td FFe O C-tww., 3 t� N d I ,• fD t'' ri Ul ri ti (D r�i a r � m rr td • ri H N• a N• rr O w N• a o �. rtR+ w N• A� x H ri N. `��° o rOt %-4 d ((DD d P• o t7 z '� to CO 2 N m ' �o CD m sb 3 I b ~ H W H t7 FAV+ d H FC] C7 IL EL m' , J D m o �^ 9 W tl V O. . t) -R O W w O 00 W 00 00 W nen o ET M O c e :° (7 � o" LO O� iwA ON CD o a CL N O I a CLCD cD R1 `c I V I N 0 t1 SL M EIB o CDCD CD O W O 1 _ • ... C. w o w (D J N A S D maw 0 ry (D T CD ° m am C,CD. O m 7 � N m Jo.�.w.v>� m o—o,w„ m o=3 cvc n3 11037 C) _ �0o a0 0. om w= wa Cp 3 CQ CD 7 0 3 (0 wa Q O.�Nw f0 y n CD N y O= CAN (D -0'CD0 O C(D C n 0 J .D C CQ V 9 o`Dwm�DJo �'� y w O (D< 0.3 J w wcom o m M m w C Q��7 J �ooy O_Noe»w �N w n Q J N •n (n-07' nCD y 3 53 j - <E x , c� O w�ci moo CD ma CD -aJw cnww oQ= fn�CC Ona O aN 3 m 3a c 3� —m ocn 4=- X : 0�n 00 CD �in7 0, J ON 2)J ° w 2) 0 3 z-32 2 j a o omo o`y7Nmm n Wa A 3 E.3ID' Q CD w.(D oww�mT <D w O Ti J7 _- < a v w CD M W _=( y N 70C tO cn(D(DID N �N_ N3g(p QOO_ CDfn NO Cb o� Qry w 032Q Cb _ O _ C 453 -=33 O CD w _ CDCD JO CD 3 J � 3 O 1 P WSJ@ j CD w. or' R 3 or' 77 <m-» fn (D a w aw3R:aS CD aop=o53 J • N J w J J_ X C (CR D \ y a� ca asm m•7 0 0 10. Harmony with adjacent development Properties on Cherry Lane have been converted to commercial/office for some time. Property immediately on either side of the subject along Cherry Lane are L -O, The new library is 2 doors to the west. What is actually inconsistent with a Cherry Lane property is a continued residential zoning. Subject rezone would match a similar development 2 doors to the east in the dental office there. We would be willing to enter a development agreement to ensure the issues important to the city are met. 0 11. Relation to City of Meridian Comprehensive'Plan. The current comprehensive plans states that Cherry Lane is a "Gateway" into the city. As such the plan encourages clustered, landscaped business developments but not strip developments. The plan also encourages commercial and retail along established major arterioles, of which Cherry Lane is defined. The current site could be improved by a professionally designed office building and improve the look of bne of our "Gateways". FE I SIS 34580'Q .. .,`�33 D a W ` tD L303 > LD LO Z6 ra) a) LL) w w w { LJ dommow 0 0 0 0 � oa m m •- D DEE FIEL MANOR , U3 LO 0 DQE R1 N N QZ ,3t L6s v d r ( ! O NIZ-10 �a Ov 33 ( j w ''' W O1 ,lpO m V OIV O ri O O Opa ti 9O (� Nt-W-TOTH-Sl 33 m W w wco ` 'R13872004 I � N N TU ro o o., qJ �- 4 1387200 0'.. 9 c�� .5ti 03 •`� R 13872001 0 coo ,. BtOS R-1387-2004 � ,, C O �., ••, ) , • NAl., ,•O• • �. •'• O�' Q Qi .0 , Y �", C _ •N SIS 34580'Q .. .,`�33 D a W ` tD L303 > LD LO Z6 ra) a) LL) w w w { LJ dommow 0 0 0 0 � oa m m •- D DEE FIEL MANOR , U3 LO 0 DQE R1 N N QZ ,3t L6s v d r ( ! O NIZ-10 �a Ov 33 ( j w ''' W O1 ,lpO m V OIV O ri O O Opa ti 9O (� Nt-W-TOTH-Sl 33 m W w wco ` 'R13872004 I � N N TU ro o o., qJ �- 4 1387200 0'.. 9 c�� .5ti 03 •`� R 13872001 0 coo ,. BtOS R-1387-2004 � ,, C O LA 16. Affidavit to post notice June 22, 1999 City of Meridian, 0 I do hereby agree to post, in a visible location on the subject property, a legal notice of this hearing no later than seven days prior to the public hearing. KGambfin Applicant • June 22, 1999 City of Meridian, 17. Affidavit from applicant 0 I do hereby attest that I have read and prepared these contents and verify that the information contained herein is true and correct. Applicant Conceptuals for 1209 W. Cherry Lane n P 1 a H s a a F I � 1 "I N I I i O I 1 C (n o I Il O I � I ' I P 1 a H s � a o � 1 "I N I I i O I f 1 I I I I V { 1 Q c 1 C 1 O I h I I I I 1 L 1 � 1 uo I I p 1 J II .o-,ol ,o -,os ,o -,oz a a �3� a H s � o F— D `0 J Wa � 11 C/)=. `T Q d M L 120' 20' LANDSCAPED BUFFER SLOWING AREA - SINGLE STORY 10,000 Sf. I I W 0. oc d) U. b Or uj Cul - L------------------ ------------------30' 30 1 SE 1 BA I K CHERRY LANE SCHEMATIC SITE PLAN LAYOUT JAMES GIPSON ASSOCIATES architecturta- • planning P.O. Box 219 38 North First Street, Eagle, Idaho 83616 phone (208) 939-0236 _ l . - /.iA a ror•r pf�l g Q$ � 8! i � iV 11. t p � � 1 4"• L.91_2 � a; a - JE l w w€ a e 1 F »fin n x zg+. = g, GnGG91Kl I i IeKIK1Y .� 8 I' •00<lK I ferIKIKIT $. ,•. r. 1 w f % 1 -� w » - I y, ^ MMt r1YA.i f « _ • NTHtiY pTcfeuKl : I ne0[lK1Y $4n SyY f10K1K1■ Mu ^IL■�: /YtMY» ^ Q f� [YONrlcll pltNtlK1Y : ' I R �♦ �\ � a + root _ \...... SONSIKIN y. 1 I rootlKlY , ir toee=tK1Y • °,'� Z �'in i Y°°tl/[-�♦ F j 1 i }} •w•R y r • a'�t, _ j, TJ is� 0 A P a I ! c[foaYtw 1 w I w 8'! - - S �• ` � �y I — $— q- :..... _....... J IOY♦ra t <cNIRaY 1 4�Y /" 8 8 8 8 J) _ YeNYacY I ftoNHLsY s: r•A ` _ »- w• - • - -� �• n - • ' $ - S _____ fi x KV G az a z I I •- - ^ _ i -� - - -p -• -•^� T• _... NX NA .Nllrl I {TKKIKIT _ e If t 11yf^ ` MNK i I .H i ek rr.rYY» I q.. � � ,�•.�.`._. Nrr � s, '-. V I 1N1Na� '1 • �_ J 1 � LKTr[IKIf T' ^� fM°•\\ ,.g - 'SLI S [YY<r- R ;, � w '� ¢: � �fy�,, B o `� " � umona+I� S HlaoKfful r e 0 1 � - i • /...-.. \e e1KYTl' F - IeOe<NIYI w F f _ ^11L— �\. • YpIKNW,\` _ lHtifVYl % \ �' uo{iafaY� i ! 3 aoru+or aemrarocq 9 a • g /VI SpSVI '� : i Ie1TLH Yi I OImK ii ? r IOITn ft'~ qY YIONYTYIY — •�Y ! _ F5 �trf. / 4pQDt r <Y Klel IY I .^ ,.. _ ca6ZfHY 1 1 e v . 8 e t OeKM1Y � e • • . o e F � I - M1) ��• -i/s'' �5i 8 � � w` F 1 z i _ • � � ? s �i /rfff.- i , - ,I.IK. o,,.. — t; �' Irgrr fnl<rrrI unirl �,� I •• `•�' ¢¢ ' j L[OltfrK�^ 4; lr-- ' oI IeQ—ijToa vs— 1 i w[fsK� >; •; >i ' rw ` V� H..-I.r`I Ij - �'"ILi `....w -- xKsnu 0•IOKKYI I ' + we . TI — - rwfw.r I m. " TWIrfLT<Y j=t( ,7 KN titK ...`] f c > u �.,� mt0acifKY , k rrc' : I•� , ( 1I .w »rwnnr Of00f<GnIY OYN[t tY _ [L00/ K i n� • 3: + 3 = � � _ = i =' R� ,wl. � I � � �V 4w»Yw oYKcsuY :1 1 1� 1 x I Ii ww. it n I r"Naa Y I I { fl a l` f 1' q MELL I I lolaactsan' � s " i _ V � { 1 ! "' iI '•"'c"Y raK.r I 1yp 1 © s A fb IA r'j 5 ] cr l l 1 5 }i �D Arc r `s it r 4 l� R J 4. iM A i 3 t � A fb IA r'j 5 ] cr l l 1 ..W5.5 7 I A rX - r 4. i z Y 1f �• � - h i P 1 p� � tl KS Yf `�'T yn t ..W5.5 7 I A r 4. i C c� 0 CD I . r 0 0 x cro c�- si 0 n C r CD C c� 0 CD I rn �g cy) m AN J J it(_tel l� .t p Q ao +5G O O Lrl rM :i w I•- r. Ln o ipE c \\1 I v z W a U) -' W a ¢o Jcq� a j co cc 0- Z Lll J Uj JZ00 m m � N V W Y D j � W a° CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No.J Date Lp bo'c1 CI Name rVii � a O LA I Phone: v O I —et5T{ C.O.D. CHARGE ON ACCT. MDSE. RE TD. PAID OUT Zr)ita .t p k ao +5G O O Lrl rM r. Ln o ipE c \\1 ]C r II � �rLj I I I 1 I 1 QuW 9 1 Lngr I I r�wdW 0!i I I 1L W a° CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No.J Date Lp bo'c1 CI Name rVii Address Phone: SOLD BY —et5T{ C.O.D. CHARGE ON ACCT. MDSE. RE TD. PAID OUT Zr)ita Lig I i n s �- 1.73 x 1 ao +5G 1 I 1 I I I 1 I 1 I I I I I 1 I I I I I 1 1 1 All claims and returned goods. MUST be.accompanied by this ;bill. TAX + 0009285 RReceived� TOTAL 7 ��0 i v GS -202-2 G PflINTEO WRN PRINTED IN U.S.A. ��soy�NK_ C`-J'r��QtAJ - .'- , >< _�Ral a �^1 � 8 -�tcl '1 �8 •S"-8� 8 r8. - g+ � � ����! F` a i. e - - --RFS - — «e •- 1; ? pKaK,KN I «. � KNoilK/ t « g p s. jj `Z 4 C `■DuwN 1 « I ` � w 9Y ^ •,y�° S � I q� - rWc rn'wr .� �_�fi4 a i - ^ : IODL'■awKl I l ca■at<RIY �.. � » �T IWTLY[IY i YYDURI �M'MMY- �< � .. . �, '' i■aMrIN pl[aa[iK1Y '. 1 � + � •: � - I Ir■YttK1Y'.' �� w8 - �1 • �' f■aDLtR1Y � - - -�\. _ ■rrY 4NiLN/Y � i e y I t MIMIY ` : ,aNilK1Y 1, � ODraatiK{ gg � ; �-e--- --� s i I cNaauw 1. I «g. - co -$ X I 5 7.,_fj-fl-[T-- AT 8 fj�� I - i r - ' _._.. I ri■MH/W • �_ - --- - ............ .......... 1 f i0■Yrl� } cLMgiilt■ 1, _{rte S •- r g ^e : FW3 "� ^ « F - r � is . a s• U' - - - o LtD N <sy sfL iI AiVi az — _ -- _ J� ! ■n■,n<aC_- 111- .Yttiw I � IDNKi KIi ' f • ��4 '"�--...- % NYwt1Y'/ ' I ry •� M/« r(nrrrM { O � ' n �Y "+-..... �1.... _ �t^^ri� « e S ey a NK ff Y - ..._.,.._.._ rt■uauY /•..�•� o alRulrl ._ la■Rwul �� � � Ia1DCK1Y NG1G1 $ .. �% _ r■� wr ��} woiiiD■Ir 'e - w r I Yr■:r � �Olaf<lrDt•1 KIOIKYc1Y �- � -. _ ./ � tlal �IY�� �E« • Y 1: aha e o g --i98M'AF— _ w - / Ku .� x"' RcwtuKYl5'- .�..�... ^ r «w - "i -_ � t /• .. � .iiiµn « I .p«.r l I gwY - � » . i i ui : • y x � 1 � .Is4�« � t R � 7 � 1! 1 It � L S macait■ I t, : i[DIY I YiY a■ta<LGiK= 1 � _ Iwla0rsca• mm ' 1 I tK■RK: � •IIi � � rw ,' _ [� in..«w I I Ij � � i � _- � r�.�' wvsssru Kaulsi Y w « : ij y.«a.. I I : �1«. ,ni www : - (I •r It ■ ■oossNn , I - � � d � ^ � � � ��.:.: � � nrr,w •, I w«er � � „, e w « n,NuczRr ! j t i■tetr ; „ :. w � Oh"' �y i lrji .w ..M;StY '' �� F,j HLtG1K171 $ - I'. _ - ' '« 4i C� rw uwrw I�IYT1 ^• is it omasnev A`K%DLY I i 1� r � I I tI , $ ,.. S �E .._ ... _ F �• f I( I •Y I uMw � I www ..ww 1" ~ II 1 1. nwfw :M,4« '300 a \' cscac o•a- .� \�\ �" oo`'at4�� - 1\�� •.z moi,. '' R .. �J " a AsYlrnlaar♦r-- - - r Ift\Sl SI• Qy, =�` it a � _ � " sClaesQtw : � (:. IIa _ �� wS .,� ' w' C a• ' j � i iJUAIA ... _�........_._........__ -- t ~'I _ asuK v, Z � arsosuKr i 1 laf<KIY i � I i +�aKt9 aauKlaiw � R � � � p a S 'sawCw pscfaClKl %.OuKlr'3 S 8 •C outterl -�' " 1 " 1 I � ♦ "'" " f ° f4asrcKla ` I { ' MMriw ~ppx r I IIICaa4K1Y • Iv _ � S faoilKl� - -.� • faMZaKtr Mums eta It. aoi1 S . 1f r OlKlYIewuKlr�° R co� T�^ I: c[faw/w 1. - ~ B 8 S 'I ";1 S T-i i i i .r... / : i ^ r I i rwfaark� r_ 1 I /!j 1 1 I «1.R /• . i "Done" IYIf.. w . snaagaaY ( �� •jo _W .. 8 � 8 8 $ € ' g �. �1;' ! --- to �i '� 3 7J♦ f �r . «.. a[affnfy p A - gn. ii I1Vi Q'I - N 1` .. _ M lAl-JkR- a '•'NOIQ ": R " 1,Yw' .....rwl .� 91. rsl�. ..+.. sfaarl I IMKIKIf ..` -\ aNW, 1-110 fur —00 8 1 e - tsss 1 w oafs k C - : • � Iscs rwtwar l• '_, s s1Yj o e I rc vtf)�--•-- AIM-- ItaliKf1. 1 sultsulr �' U 1 Ima u { - ISIKNIY IMNY '� 1•t- ' .r InJ llalKffrY / ' $ [Ir/ _.... ._.. _.__.__ I !"' • \ _ >' _,Jrla«w •atuflr I � Irlrxr .� � w i ^ S f'r +� •.�}w s 1 g g R $ 11 I ZI"t � i �% tYr r� � ,�'. '"�z 1 $ $ $ ^ � s $ r t-- r i �1 .t4xw •. t ,_— ". m ��. OSSr<i5[Kal �� i � .. ~i �� 11 / � w' •�/W�r� x 1 I ,qy' •�v.x' I .. �!`' _!� o lra rw _. /•/ {Ifllarlr 1 � /1_ .x[Y 1 .i x�x. ' :w, : w ''- _ t�� 1 1 1 � � _ _ % 1 r.: • �'.___ rax ��_-_ --•' ��� °ry 1 � .S � � ILYIZSTKY k '* � ��-..�._-- -R•�r -�.. rwcx:. 'tKY sc .'l ,y 1 f i + r : : .E ` 1 i i xrNa.•x 1 - i s .VMS's � saKa F war I _ [ Cana = — - " O laps'csa istfa w"IsCM- " o 'f i69SShcr � KlaatC[Kr �} '" CI �' *.rrrlr ,wl wxr.r I 1 ua 3� Yr ' oalaKKft 1 Y w - - ~ Y0a/C5[Kf attOt[KKr A • r �.--- t aYar r ~r 1 �TT 3y talNwnw I surra •, I w I I l 'CRlyftf :aaIRSCKY I al[oairtKr { • rw< r 1 I ax 1 e�w GG: afaaGafaf <Y 094,1[ Is �"tf 00Ia<[S[Rw i 21 R R Maw 1 tle ~ iSaa< ! � j' ? R •1 �. r ! i �'y wM" ..s.I.I . I�I rrwe•r ;Nwmsts 1 � � ^ � laaltaac• 1 � N� - � �t � � R ' � V �' � j 1 •[ I � uww i � � ww[w •�.r � I � .ww.w " e ...... Y�•w�ir I N • '. R A S 4rr.w � 1 r wt I 300 • 8 '.gt ., P ^ r9er 1<u00«/ � 1 S � - , •- c E � 1. p„ C. o _ n e2loetQ}w ! I a, $^ - fi fi .g a II j a i t xa�«ga ^Ro 8''_ s' ? I�• t : R s .. n ^ [ I R r • a " r ( ^• : r.N fr♦««r YJ 'a 4 i i 1 ' oHlLw ICY[N2/K °� 4y 8' ^ ! <OYRLLKIY F 8 {IaHLK1Y 4 K/ AtaAfYY iaanraw plCaou4tlY1 • ^ ~\ 1 t — IN 8' 1 cfoc�►nY 1 r 8 ' «lam ?^ m L1 [NZIKq - N ! ?� � NHLKIY[.:g C �vy� I ^ 1, n'' _ ~ ♦ 4 Q ^ - t3 l I cTNK/w .+ ♦ T "fir// ^ �. ^ 8 n cc------�— i r NS 1-40 K� � 1�iI' �i � e .� � �n iii ♦ a �jjr Tn �, ' L i^. x = + •_ s / _ f n � - _ _ l o . • r. Wil. F '4 'p '4, » 8 � u - p w 1, - �l 4 t - y wrl. I<Y, R. uoN..a<YI en X KV aiQ �t� f --- _'�•.�'- , r! YY2N.1 - -,— -w--—nu�.�-x- — -...— - - ., _. . _... .. .. x IaowYr/w - - i 1, _ 1 .OfIRl� � tRNK1KlR ! / .!'!.^ ROYRxI I 7 sl t a -v; Tit x 1IS Y la0lYffflY �•.•�•� !IKlf1Y1 OF I � ii f1Y t lIa.NYaIY � S 4ir:► a.:' 4pa0rpa<♦II H101a<YIY � . _.__ �._./ � la f�lY .. . @_ ' Y ' ..... — — \ f1Y ! r S /�' �♦ � it � '„fTf>. i4 � � i g g 8 � n e 8 r•'�« I 'I.`� r ^ `it4Y 1 t INS . 1 / ��� ; qq► 3 }a' £ li I �1 i R if —S "Mm NfN2fLKY _ _ - r_ YW 1 of lags<a Tctatt, 1 I uttnTt» s [1~ , a Ml NfH2uKY — 709'ty<RU i n acm a<nfY Y ' 1 `: yluwa..«3 OYIK<K!w taoLFuu'Y 1 ° KmIKtYtY ^ A' « Lt *, .«- �� � ?? IS e<001 a nLY i Ams .1 I6/a0[i<na ILII .f - ? » =g z• ` t ,,; atrNr. I : t....r. I I ..wr. ©O F ! / 1 - % i -$ ^ ow Kleoc(:?w : I i�'i C= - •� E ,' � � �L� e a a � 1 1 �. : ...._._........._._ Uii ! _ R I >. IOOt<KIY I I NKt<K » _ o«aror<KI [ ^ Y � KKYGw pcKUKI � I x 9• ^ wo{ZtK1Y �. g �r 1• « aIOK/YC1Y {MriMl IGI'MYIr. ��� :KK.cw plcrouacw"sona>» � I — j I 8 - • i traarrx a. eg00114tw - 8' i 4`r Q KYOOI I iKtiK1Y. l O _ -- -- -- - --- -- -- t000tLK1Y • ,r^ Fr ^ Yid, � CLM �-.. - I �I ctMaoo<w A Y4�. I. III : 8• � _ g � B « .�. CO n � •+fa .1 JL i- aooK w i I Roel t�i<w i -� - �� -' - �-P � �- • ,,,,. _ � a � - �. 1 ^ eoeK /SY R. '1 ^ fi ter`` �4♦ ��'s• `4 _ '•`'s .4 �4, RId f _ _ _ - _ a -I.: _ i Irl. _ o Wp en, x ravwmwue - — �rY•rrnt�:- W coca j•. 18 Q 8 w 8- -'T' --'iii .rr trri.Y X141 -T R R �` k I i+`_'�- IcsYYortw [!F I 1 orouoi<wC-- Ot- � wf. vrT11 c' E ; I f �1 �....• IKLfrt I: G. slo�jae<'1q �•. 8 `�''�- � � KMKIa�I I (.. .writ � ••YirY y=' i � - t«r..t ER �A,w R.g«-1`514 -., r- ---I { I, g I E � � 3' 9�� « 1G01KfilY1 • $ 8 a It _ - �� _ rtalaG{I■�•••.�- 0 IKf OOKNIYI iI A I 0 {I I » < I e16,40411, J ^. tc 1, IOIKNIY OIYN{I �, V :ra:Y / j orogprrY-KIoIKYIr fGY R ..% � `� na i ! oYoifiouY -e - � � P. ' Y - .•'- � - - - 104{�IY i •R a ',.. r n n $ . .. ... f1Y/ a OORNIY -$ .t /�� '.•e-® rr�ir • a _ 22 �� .� .- � s e e' � ^ z s+^ i. �• .^.. , g I s . w, 1..lirw l r I - w . Yrs/ it -' w.cm ,,,1x - 8 o S ^g � �_ .i• �,nu, � I - 1 �� •-�_� • I. s4�( ^•�,'' s18 %.+ � !(= j « � S ^ 8 8 8 l tr.n � ' :rrl I.mw !•, }— = 1 tI x ,-. _ Y..Y ..r» ., - ^j a- , L /• tlq• I` rdal. Ilwl.r I I �� ♦. I a Ji :i 1� Ic4iirKY i �• I=_��"�—rJ'Y_r___��.—_-_-. :.. - 7 gPT,, r- �I 1- I ii olloliico< K'� I I tKLRK= ' S i n^ rw• / L 1 .'I1!� —_-- II —g - WNW, I a wuc to �':. YKSwtY H. ^ 1 - I' ' 0 pt11, I KZKZCiKY 'k `-- 1 YeloccKo<"Aw- « f00rFKKY I fuwica • - ,.w,.... ' Z «. tE •..0 i� - •.•w•. rwlr �� III 1 a•y >�fti I KM ZSiKY OIZO<litKY t s i ,il � OWOiKif<Y Ofw[r t � �•'! OOZO<LctKw aro[ '� ,� i ' � tr I I f �� r I i I i YSWi_.w� I --A `coot 3' i i L t a i 1 I I r I rl n.Yrr, to, -^� 5501 ae Y Iw a I, t I j I wtr r I -rur I, 'frrcfa ^ I s tr I u Ills - �.,�. � '"aa. P al.e 'rll r Yw,.11i -f I IaloollciMY s t - _.. , . :, ! � » ` � n€ :' t 1 i Krw I «YIK,w .•tmr y N • 1§ I y/� a - I- (I 1 f 1 �M 4 II L = Y �R,.r a' , . \ - .o. � ... i tl.Kr ulf � z __-^1alWntaasN' ••� _ r f 8 8 A R s� .:. IN\pp4ia .. � I v 8 , b - i i]• � a / r .. i R S g.. h- S _ / ^ otleK�i. �, I:. a g� _ fi r` a' ��` I R i ♦ .1, �S s_'., ^ 8, ii a p^ L ; - ♦ * �r �-�= rY ! — J ._ i11B-MyY v : r !t .,.1 i S pfimLlK IY I �or..8 $.... n R n.,.; •• ILp11 z }• �.--_ �� R r OrOmUK. ?' Imiisf.Y ^� R I i NOOrtK i oKtKlotlr N 3� Xs; Y 5 .- M 9 $� "Mf _: • I j 0000iLK1Y �� ^ Q°° , "0[ UowlKis 011 ^ I g r it feeoilKlY Zr \...../ yfY IOOUKW' i mettKlt1g S{. rm ubdr►i6 - - o �.. /0994!01. � Ie G"Kurgg x ^ r 6 'I cNtoomlwwoo 1 t.i I! . 8 r g ^ 8 S Sro -i f 6.1;lrt. I C M t I I .eK tr°...tcYaKl' i ` !III a€ ".: � ,. AL _ ♦ x{81' ., x � I , 1 too.. air I ftooi�t�fY i —w — - rr � +— ♦" I t * � IA. - ,�� € . e 4, s 'r _ -- r• W 4, 3 mmo iw I' R aooaiaq _ -- a, WE it KV I Q'I II - umleoa .eue,a I 1 1 IMKIKIS t ? o \^t a "ity ^ r �. a - A..•�`-�SOKKI 1 I• I i. ..gsl $'-a, ..rcR _ a , w N w • �, .. I » a' d S ISMw ! I i V 4 I bo� Iy R 1 E � . 8- 2Z t .f4. .a -S GlraffrlYl w� a ` s - ' ", KOIeGfIY •• 0 OIKNI 1 - �/ a Ami 1 - cnrrr� Iy pl_ � / .. f1eeK"IYI e• r IOIRNIY i OIeGHY Ylaif/ulY i0ilerfi � 1 ` e 0 r ^•rf.%z .Ild `c :� ° 'NN"„ <, z � 1 ,S !12 s s . 8 , . � � "Sf I I , I.• 1 : `4Y •� %� _ ,1� - • . ��w+ � t•' . r I,In 1 � g � ^ S S- `` g,� KcoltuKY1 g _ i 3 /+ p. ,. • i �� 8 tZ" iceituotr _, r.I.., • :�. ,+. .. si- .. ++ %. ( ,rf,[ .pNxr .. a,Yi,a4�,.. z �i�"" a" II k•. in /� ; YI iM1°p", 'i7+' s 4 '_ 1 R � I I[OitSiKY ;:, t:• / �.. .� • � •w_ __ � �� � I °.� ,i �_�— ^ / i KY •� � Y. i 1. t ' ' f \�r^ Y = i r �•I I� � ° " A_ T r: eacf99u l iieGtoatuK. ; 0 ♦" r _ a it I -SionI '� �^ , r F t� +F i nw:Gfn 0 0 I09SSSf/Y I R mss. - 0 Lep KiKifiK- - R /+ ^ #� pr[,YM ! I 1 �mIYKKfi ,I 3 � r N. Y` r �' s � �i ♦�w.r ��� I..ww t ION«I«_ -MII. n emlFuecY um kion - lm gSSK. i K M,Y 1 1 •,[ 0"040991. "we [Y �.� mi0tiitffw 1 .Ytl - 1_ I ( I fY,Y I I I I r 1• gs.,tglocii• ..o- y 3 1 1 I I I .NnM 1-! — �ofcs99u 1 ^ cm/ro Y R . f .xE ,.I I1 IOIOKLSrfCY �. � � d � Y f �r ; - • 1 � �' - � : � I �i x«[M .. w[«M xfx[ftxY wk 1 ^ y - ...... ....... �.....:_.. .. ,� y% .rI .._.. / : .✓ c i i i I ar w a,x[«I« (I I 1 300 F�i \ j, •i \ ^ r a • lei __ � 4 IsLloosi )� $ i1B �yKrr....: } r/g•Kr eic � '�.� e - •-lauwlaww_ ","gainR R c . S .. .._ __ w —ice µlv — 'ti — _-x _ 4 t ^ I • - I. i q • R Da�000ilKl a.� ImuK r � � K'`I.. � 3 � �— - g � R e II n y' a Dow(w pc.euKl � w Yr n SI S I I :� murrlKls � g e 4 � � � R . I i somuKltl 4� g' - g �ti - I I z: = «vr r«'..r �ssl•+" � � F : i T �'s R 4h.. h .IDKIKI. ; •melfri .w.aY b --J ` tao..rlw blcmu I • « _ n I n t31 I I :morn. • ' � � •\....% .M1� •.... `N� oloouKlY : I � •mtees=1§ t «, / lomilKlY �r `L F TTii ,' - �. I immo/w CC) � ` e "V n n Y ` fry_ i Of _...^ —_ stoewtn. j �'� _...•"{r i!!(J�,1►+�- _� � �i� �„„ 1 � _ — � , s �'L!i i i. ..lw' �eI finefEnY ;�_+. r r A R ( I Y� • + 1 1 ` �` R' 7 � � n . •� - - � w � ..._ 3Q -.,� C I -_ � lo.ol oucrl E A � g.b-.. �r.��—r-HLitAb1� ...:. -- ,� '� � I , I ""' �"•�� � \ a, O: j_-- •' II.K.a ImIM[ _ it.� ,. ..... leave _ s."mmis . '- ' __•_—__-..ypV.M: -- I " F � lr w4 F cc I - � °i ml.efifelrl w Drl sY !°mr " I � IelesfuR 1 ole»elY •\ LDLs r � $ \ -, ^ F-' 1 I ,D•Y ! ➢lOpOt(• Y n « Ie1KK Y i LnelY a•{ + y u�•u '. ,� n DD•1 eZ101.iif 1Y •.. $ w� _ [t �' tIY I , .. .../ lID1elY. n "r •ri t •_ 7Ay � h i #I.IKfyW i _e'Kmt}:fel. SI i 1 "5tq 1^ " ; CC'"' o n ��...... ooeswY _ 7` r SE ... . ........ . R �j / CA �. i�� ,7i I r Lie(ZYZKY_�` • r+,v_l.i I � ... r, ^j __I ; /t«Itt" I , r w".� :� Itt"IM �"I\ J' ' °. 1 71 t� - ' IcuzuKY < � i f/' r.«' I „Rrr •«rl« ,. � r I I rrw... 4i ../ 1 o°�yiuR ;. ,..� � t� i /.� ;..rc I« � �, � IL � I�: rt...l•r I eq[Y /rte �- , �! KY ,� J/i _ =•`R - _ wrw,. (L�S'SUR ^ Z � I I I um z•o 6 ^ z /' I � _° ; � � � � I� I U t Won I l � �- i. // , 4 + f 1• i F •s S I I % i W.wl" onn q[oliKK: . I I oLLo` ee _ est n ` , I zuoKK� ' $ '� i. ; I ! It F f I UK •• I l sol. 0101 a r n R f t Mlrrlr I l a • 9 �r.Dr D ./:Glary I I Kte WK4 • w 1 e I mIK.Kf[ r I I. M'ruw. ^ �t,� # ±+ r ,I:. _�, «.`r•ri IHgI r ��'. ,fn D[mIZlZKY � o1nlZDZK i � ` L l''� I _ 11 wlr 1 D•mKsiflY "out rr mtelciLK^ Z'+ l ` k i�' F— Z I' 1 LUY l R: t ; - Is� . l , I Ir Ili r.• IutcM71 f r z 5 R � - i i F I R i I I r• 1 I W"Ir ' i I IL., • III « .t! i Llnl+ 1 :• r1� is n: i I, i •• I r w. S �,°" tel � no.��,.,., •_ ' 6 � 1�! .er.r' rww III V // --- - u J00 Fi-fi #, �- ® M is -- L T� s ��3�a+ isYF cZr� s }' i L A yr � tc # a- f�a ski a_ F aE .'Y�CcT l .bray. R—+a'V^,f:-C^���'�,�i.'Tx�'�i�.��w7` of ' i i. i�' �'Y.I�a`��jsfoE��t "moi: esd y V. �C�A�•1���:� �. � Lr. � vi: u w MIKE GAMBLIN (REZONE) PROPERTY OWNERS WITHIN 300' WEEKS GARY C & WEEKS VICTORIA 1812 LEISURE LN MERIDIAN ID 83642 1838 N LEISURE LANE 1812 LEISURE LN BOOTH MICHAEL C & PATTY A 1841 LEISURE LN MERIDIAN ID 83642-1529 RUSHER DONALD D & RUSHER LEONE N 1768 NW 11TH AVE MERIDIAN ID 83642-1531 HURLEY P V & M TRUST HURLEY P V & M TRUSTEES 1305 W YOST CT MERIDIAN ID 83642-1499 ORTIZ PAUL & ORTIZ ILSE E 1744 NW 11TH AVE MERIDIAN ID 83642-1531 LEIGHTON TERRY LEE 11 & DAWN L 1811 LEISURE LN MERIDIAN ID 83642-1529 NIBLETT DELBERT R & NIBLETT REAH L 2035 CHIPPEWA PL BOISE ID 83709-2602 1821 NW IOTH ST WALTHERS ALLAN D 1720 NW I ITH AVE MERIDIAN ID 83642-1531 DEITRICK VIVIAN A 2609 SUNNYBROOK DR NAMPA ID 83686-6332 1029 W YOST AVE MERIDIAN FREE LIBRARY DISTRICT 18 E IDAHO AVE MERIDIAN ID 83642-2632 1326 W CHERRY LANE 1729 N LEISURE LANE DUNN ROBERT C & DUNN BRENDA KAY 1696 NW 1 ITH AVE MERIDIAN ID 83642-1554 ROMAN CATHOLIC DIOCESE OF BOISE 303 FEDERAL WAY BOISE ID 83705-5925 828 W CHERRY LANE PRINCE JACOB W & PRINCE KARA D 1727 N LEISURE LN MERIDIAN ID 83642 GAMBLIN MICHAEL L & MICHELE B 1927 SE 05TH WAY MERIDIAN ID 83642 1209 W CHERRY AVE TREPAGNIER SCOTT AND WATERS MARY D 1691 NW 11TH AVE MERIDIAN ID 83642-1555 WALKER KAROL A 1665 NW 11TH AVE MERIDIAN ID 83642-1555 ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS 318 E 37TH ST BOISE ID 83714 N LEISURE LANE STEWART DOUG & WATKINS KELLE 5960 N LINDER RD MERIDIAN ID 83642 1250 W CHERRY LANE r WATERS GINGER KAY 1307 W. CHERRY LN MERIDIAN ID 83642-1550 PADDOCK LINDA L 1.643 NW 11TH AVE MERIDIAN ID 83642-1555 TINGEY TERRELL F TINGEY PAULA H 2020 N COLE RD BOISE ID 83704 1114 W CHERRY LANE 13RADY RODNEY D & BRADY SHELEE D 1104 W CHERRY LN MERIDIAN ID 83642-1513 WETZEL MICHAEL J & CANDACE L 310 S HARDING ST BOISE ID 83705-1347 1131 W CHERRY LANE STUBBLEFIELD DEVELOPMENT CO 2258 BRADFORD AVE HIGHLAND CA 92346-2204 W CHERRY LANE JOINT CLASS A SCHOOL DIST #2 ADA/CANYON COUNTIES 911 N MERIDIAN RD MERIDIAN ID 83642-2241 W CHERRY AVE 0 • � aR -LL4fiv--K4 • CO T O 3 CA) 0o V m Q -For Accountable- Mail O 0 co V 0)Cn -OL co N -+ vipD m` CL m�t3o CQ CD OL ami m ;s may` ^ rl 0 � r-115 . 1 J J 3 c. N - DQ 09 M. O s 3 0g° '� _ J --Roo :� qc va o< -� o 3 Z 3 -� t� 1. 9 A o �l = C► � t _ O v� o o ice Ai tn. 7 O -"'�� � 'G a— �rn-n C�7 ` fl. G - _ 3 CD 71 rn O _ O L P '�� � P F N cn Om Ds C: co O , "I!, CL L . T _ h� fn CD CL CD O� (� W CD m a CL CD cD a o T CMD &. [D :U m 3 m KO S� M w CD - CD. N O m m m CD wo�Nv-{ w 30.6" �. fAK C - 0 - cn w iia 06C �O°mom= nm ❑��n N fD m - n' .0 L. OR 1w ma 7C 7 5'r 7 w N �. cID °� O�w y�74 _D �ti O ID � vy ao N N N N N N G c N C', - a < w - w N N w21mm�mom '° wCS = w m m C, 6-' CD (/i C N O: o 0- C :3 Q' ?CD n _, - N - 0 C �y - ' C CD - CD A 4 w mm gm m . mma ID� :. =m ncn (n �Tx. :3dy o$m�No N N�_,7j ._-..� p� CL �; wco3 DOS "wvmmm -n:U m_m LD. O <��•..�o m m y w _ m• o9 o OF fo N _ p N NNw -n(n m• S QO�- (NJI 3 C o m m y y fC ..a. ,. Q 0 0 O m m 0 W a m.omw�3 <m� g wmawc f a m vy3 . m w. =o =0 3 0' a - U► •O rh 4 -n D' . m MW CLQJ 'oy'aw3 lS '� m 0 3 Ca w V T m Cr C w A For Accountable Mail _ W° r CD m3T _ v1 � C Z 7GC' m�. `�c CA or - gs- p' Y 0 M y i; a m7 � CL S .SJ _ - L CD 0. CD OWN ��w Z�7® CL �L� �. _ R,Ir -n �aCr 00 n M � y�� Xmv Ow C 0 < 03dMa w D \ � • a 0CD 00 = m CD CD aDr-q-m am.0 0. m m ° o A ® ❑3 m 1 0X O N� C m ZIm 3 fa CD 30 N n A 7' CD ° m w mw -aLa: -, m CD pm m C IC -11-0=N w -1 S= ❑❑N 3 wao�'c�rid`_° wOD—'moms wov � o„n W a �. CD v3�°wv�`m' �w.mammm f° ° w 7tnmmO'�o N nv .D p0 Ow N ON O 0 = w ��c7i$c "< - m m w Q C dET m< - C w2ICP °.o`�. R yw c 7 CD 6 °� (D O m CD m 0 - °c='o�w7n n ��mo3�c wy _.Try wv C o m a mo3omQ N -, 'oao 3 a�°p 0 c obi 3�3m3� ` C)CA D 0 o�In CD w<oa 7w oom� - 4 � OCD OC 7ww v wm3 a N -; C';>> °m'a CD > 03 m m� mm °wmmm OL yL-.CD O o�� ry7d�"X°O S N a O 7 w CD w ^�N ? O C N N N 3 , O. 7 f -X CD D N TCA N2 (p O C O N 0� 33.o_.c �- IS 7y � ww.o7omm - � °0 7 7 , 3 .. - d m7- N m 3 i 7 a In V' . 3 o Nom '� m =7 w°mv73 apm�i3Q�3. (j ' m CD 3 _ m m'c ° w.°�3 p w m O7 ' 7 m d S > c �— N -n CD (D m w 7 » X C CD ac '0w3 7 M. m to a>:0 mIZ RESOLUTION NO. 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND MICHAEL L. GAMBLIN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MICHAEL L. GAMBLIN, denoted as "DEVELOPMENT AGREEMENT", a .copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with MICHAEL L. G BLIN, entitled "DEVELOPMENT AGREEMENT" dated the 2? f—day of CeovhP-t. 1999, by and between the City of Meridian and MICHAEL L. GAMBLIN, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION - PAGE 1 OF 2 ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this - day of o�- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �u"u4u 4-9"2-000. AtX)W�� R ATTEST: �Jkk,1i„I��t,�,t,,� of r ° ZA-�' 5�' CITY CLERK = $IAL r y Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\Resolution RESOLUTION - PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I . That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this Cit , I am the custodian of its records and minutes and do hereby certify that on the day of 99, the following action has been taken and authorized: 2oo0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND MICHAEL L. GAMBLIN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MICHAEL L. GAMBLIN, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: ra` , MAYOR x, r t Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 10, 2000 HUB OF TREASURE VALLEY A Good Place to Live • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Mike Gamblin 3208 N. Linda Vista Place Boise, ID 83704 LEGAL DEPARTMENT (208)288-2499• Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 FILE COPY Re: Rezone Application — Approved and Recorded Development Agreement Dear Mr. Gamlbin: Enclosed is an approved, signed and recorded copy of the Development Agreement for the above -referenced application. Please feel free to call if you should have any questions. Sincerely, , Shelby Ugarri City Clerk's Office seu enc. o +r The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with MICHAEL L.BLIN, entitled "DEVELOPMENT AGREEMENT" dated the2q'� day of C�erw��, 1999, by and between the City of Meridian and MICHAEL L. GAMBLIN, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. • "Y w SEAL STATE OF IDAHO, SS. County of Ada, --- , , I 9t; WILLIAM G. BERG, JK. CITY CLERK On this � day ofin the year 1999, before me, d /1)41 L) DyL-W L1 ,1 , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executellvhv'�'d ,on behalf of the SOTAkv'� ( S) �%.• City of Meridian. w Notary Public for Idaho Commission Expires: //-off- UK-' msg/Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\CERTofCLER1C �ECORDED - REQUEST Or ADA COUNTY REC E J. DAVID NAVARRO 8T!x;.,1Ct",!a0 I FE� DEDUTY 2000 JA -6 Psi 1:21 'K ->O' 100001431 DEVELOPMENT AGREEMENT FILE G PARTIES: 1. City of Meridian 2. Michael L. Gamblin THIS DEVELOPMENT AG EMENT (this "Agreement"), is made and entered into this 29n day of eCC&z&v , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and Michael L. Gamblin, hereinafter called "DEVELOPER", whose address is 3208 N. Linda Vista Place, Boise, Idaho 83704. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the re- zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office (L -O), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT - 1 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the � day of , Ckf e� 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on rezoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Michael L. Gamblin, whose address is 3208 N. Linda Vista Place, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - 3 0 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only --those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 7 Meridian City Code which are herein specified as follows: Construct and develop a professional office building. (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 To construct, develop, use and maintain a professional office building in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the DEVELOPMENT AGREEMENT - 4 SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT. 5.2 Developer shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de - annexation, with the City of Meridian which provides for the following conditions of development to -wit: 5.2.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.2.2 Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 1 1-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.2.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT - 5 5.2.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5.2.6 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 5.2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.2.9 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for a Building Permit. 5.2. 1 OApplicant shall be required to enter into an Assessment Agreement with the City of Meridian. 5.2. 11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (Y) caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 5.2.12As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape DEVELOPMENT AGREEMENT - 6 strip beyond required right-of-way adjacent to Cherry Lane. 5.2.13A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 5.2.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 5.2.15 Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 5.2.16 Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 5.2.17A11 Uniform Codes need to be met. 5.2. 18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 5.2.19Applicant shall construct curb, gutter and sidewalk adjacent, and additionally match the pavement on existing Leisure Lane. 5.2.20Any 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 Sz Meridian Irrigation District, or lateral users association. DEVELOPMENT AGREEMENT - 7 5.2.21 Applicant will be required to extend the stubs in Leisure 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 Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 5.2.22Any 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. 5.2.23A11 Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-4-14 of the City of Meridian Zoning and Development Ordinance. 5.2.24Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 5.2.25 The existing driveway on Cherry Lane will be closed, the curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 5.2.26 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 5.2.27As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. DEVELOPMENT AGREEMENT - 8 • 5.2.28 Direct lot or parcel access to Cherry Lane is prohibited. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. S. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9:1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions DEVELOPMENT AGREEMENT - 9 0 0 included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the DEVELOPMENT AGREEMENT - 10 case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under §12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in. any phase in which the improvements have not been installed completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT - 11 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Michael L. Gamblin 3208 N. Linda Vista Place Boise, ID 83704 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT - 12 • 9 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT - 13 0 0 amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the re -zone of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - 14 0 ACKNOWLEDGMENTS 0 IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Michael L. Gamblin, Developer Attest: CITY CLERK BY RESOLUTION NO. 2 9 4- CITY OF MERIDIAN BY:-NVA�X YOR ROBERT D. CORRIE k\\\rktl q H I1Ittlllif�i - SEAL -,r Gy., QST t5'� • .��: ey/Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\DevelopAgr DEVELOPMENT AGREEMENT - 15 0 • STATE OF IDAHO W COUNTY OF ADA On this �1day ofLi� d�, , in the year 1999, before me, t' ITL, Ia Notary Public, personally appeared Michael L. Gamblin, known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. JERI UHRICH sY NOTARY PUBLIC STATE OF IDAHO (SEAL RESIONGAr SOM9,IDAHO STATE OF IDAHO i otary Public for Idaho Commission expires: /c, q :ss County of Ada ) On this day of 1Q ep�rhp,r in the year 1999, c before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. Ole 000 000 000 000 .� �OTgj,�t. p.0.. -ma G * i� UB' .� �'•.` , ••. .r • •., 9 '••....•• .2,0 4 ,SZ" OF I'D ?"00 DEVELOPMENT AGREEMENT - 16 Notary Public for Idaho Commission expires: l/tea-o 5' Q` EXHIBIT A Legal Description Of Property 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 REAI. POINT OF BEGINNING. DEVELOPMENT AGREEMENT - 17 0 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 18 BEFORE THE CITY COUNCIL OF CITY OF HERIDU- THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .6 ACRES FOR PROPOSED OFFICE SPACE MIKE GAMBLIN, Applicant. Case No: RZ-99-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .6 acres having come on for public hearing on October 5, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Mike Gamblin, Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of La,,v, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 1 October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record 'within three hundred (300') feet of the external boundaries of the property under consideratioll more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the platter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0.6 acres in size. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES,BY MIKE GAMBLIN / OFFICE SPACE 2 generally located on the corner of Cherry Lane and Leisure Lane, in Meridian. 5. The owner of record of the subject property is Mike Gamblin, of 3208 N. Linda Vista Place, Boise, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Medium Density Residential (R-8), and is a vacant field. 8. The Applicant requests the property be rezoned to Limited Office 9. The proposed site is surrounded by residential and commercial uses. The site is located approximately 75 feet north of the intersection of Cherry Lane and Leisure Lane. Meridian. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: by construction and development of a professional office building. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L -O) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 3 property as Existing Urban and designates Cherry Lane as an entryway corridor. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The subject rezoning request designation and proposed development is consistent with the policies and goals of the Meridian Comprehensive Plan as follow: 15.1 The Goals of the Comprehensive Plan are set forth at Page 5 and include: 15. 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 15.1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 15.1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 15.1.4To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 15.1.5To encourage cultural, educational and recreational facilities which Evill fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 4 citizens of Meridian and to ensure that these facilities are available to all residents of the Citv. 15.1.6To provide community services to fit existing and projected needs. 15.1.7To establish compatible and efficient use of land through the use of innovative and functional site design. 15.1.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 15.1.9To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 5 2.2U Encourage and support job. market expansion that provides for mid -and upper -range wage scale and benefits. Under LAND USE at page 21: Corrimercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: I.SU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. Under Commercial Policies at page 26 it states: 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.8U Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Under Community Design at page 71 it states: Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN 1 OFFICE SPACE - 6 strengthen the com1ilunity feeling of quality. Special Community Design Areas Goal Statement: 2.1 U Require businesses and government to install and maintain landscaping. Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 16. In review of the application for rezone it is provided at Section 11-2-416K of the Municipal Code that the Commission and Council review particular facts and circumstances of this proposed zoning amendment and finds subject to the conditions herein Finding 16.11, imposed that: 16.1 The area included in the zoning amendment is not intended to be rezoned in the future; 16.2 The application intends to construct and develop a professional office building in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 7 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 16.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.5 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning amendment is in the best interest of the City of Meridian. 16.11 The following are reasonable conditions of rezone: 16.11.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.11.2 Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 1 1-2-414.D.4 and 11 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 8 9 r 2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.1 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.11.4 Anv existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11- 9-605 M. The ditches to be piped should be shown on the site plans. Plans Will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 16.11.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 16.11.6 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the Citv of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 16.11.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1I- 9 -606.B. 16.11.8 All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 9 16.1 1.9 Provide site plan detailing parl6ng, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for a Building Permit. 16.1 1.10 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 16.11.11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is currently being considered by the Citv. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 16.11.12 As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beyond required right-of-way adjacent to Cherry Lane. 16.11.13 A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 16.11.1 4 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 16-11-15 Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 16.11.16 Provide handicapped accessible parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 10 spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 16.11.17 All uniform Codes need to be met. 16.11.1 S Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 16.11.19 Applicant shall construct curb, gutter and sidewalk, and additionally match the pavement on existing Leisure Lane. 16.11.20 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. 16.11.21 Applicant will be required to extend the stubs in Leisure 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 Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 16.11.22 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. 16.11.23 All Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - I i 0 • in 2-4-14 of the City of Meridian Zoning and Development Ordinance. 16.1 1.24 Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 16.11.25 The existing driveway on Cherry Lane will be closed, the curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 16.1126 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 16-11.27 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 16.11.25 Direct lot or parcel access to Cherry Lane is prohibited. 16.11.29 That the subject property shall be developed in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 12 17. The legal description of the property that is the subject of this application for re -zone is 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 2S0 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. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 13 0 0 3. i To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting. City—wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 3.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 3.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 3.4 To preserve and improve the character and quality.of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 3. 5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to ensure that these facilities are available to all residents of the City. 3.6 To provide community services to fit existing and projected needs. 3.7 To establish compatible and efficient use of land through the use of innovative and functional site design. 3.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 3.9 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW a AND DECISION AND ORDER OF APPROVAL OF 4 REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 14 Forecast Needs are set forth at page 16 and states: i Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activitv Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activitv Centers and their development carefully guided. The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: 1.SU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND, DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 15 s • Under Commercial Policies at page 26 it states: 4SU Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.SU Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Under Community Design at page 71 it states: Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will strengthen the community feeling of quality. Special Community Design Areas Goal Statement: 2.1 U Require businesses and government to install and maintain landscaping. Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather l than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 4. The requested zoning of Limited Office District, (L -O) is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDIDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 16 I n the Zoning Ordinance at 1 1-2-408B(7) as follows: (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 heavv 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 snore intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. Section 11-2-=109 of the Municipal Code, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists professional and sales office uses allowed in she various zoning districts of the City which provide that professional office building uses are permitted uses in the (L-0) Limited Office District zone. 6. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with theado ted Comprehensive Plan and the ordinance establishing z i p p g nin o g districts can be amended with articular consideration given to the effects of an proposed zone P � Yp P change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in,.conformance with the Comprehensive Plan. 7. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GANIBLIN / OFFICE SPACE - 17 rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. S. The City of Meridian by the adoption of § 1 1-2-416L has exercised its authority to require or permit as a condition of rezoning that an owner or, er develo ma Q p make a vritten commitment concernmb the use or development of the subject property. 9. § 11-2-407 A ZONING DISTRICT MAP provides in part as 1 follows: t The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: i 9.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 9.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 9.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use,of the scale shown on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDIDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE 18 9 a 9.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 10. § 11-2-416 K of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 10.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 10.2 The area is not intended to be rezoned in the future. 10.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 10.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 10.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 10.6 The proposed uses Evill not be hazardous or disturbing to existing or future neighboring uses; 10.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 10.8 The use wi11 not create excessive additional requirements at public cost for public facilities and services and will not be FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 19 detrimental to the economic welfare of the community; 10.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 10.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 10.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 10.12 The proposed zoning amendment is in the best interest of the City of Meridian. 11. § 11-2-417 A and C of the Municipal Code provides in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for, the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDS DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 20 annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if itis not within the Meridian Urban Service Planning Area as set forth in the Meridian i Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .6 acres for proposed office is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreemenu �vithfollowing b the a special terms and conditions related to in this application to -wit: 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDIDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 21 2.1 To construct, develop, use and maintain a professional office building in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the SCHEMATIC SITE PL.AiN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT. 2.2 The ftowin1 ce are r o� e reasonable conditions of rezone, which shall be the subject of the terms of a development agreement as a condition of rezone and which conditions areas follows: # 2.2.1 Off-street parl<ing shall be provided in accordance with I Section 11-2-414 of the Citv of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2.2 Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 1 1-2- 414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.2.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section I 1-2-414.D.3. 2.2.6 All signage shall be in accordance with the standards set FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 29 forth in Section 1 1-2-415 of the City of Meridian Zoning j and Development Ordinance. No temporary signage, flags, I banners or flashing signs will be permitted. I 2.2.7 Provide five -toot -wide sidewalks in accordance with Citv Ordinance Section 11-9-606.13. 2.2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.2.9 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for a Building Permit. 2.2. l OApplicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.2.11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 2.2.12As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beyond required right-of-way adjacent to Cherry Lane. 2.2.13A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 2.2.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 2.2.15 Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 23 2.2.16 Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with I Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans vvith Disabilities Act. 2.2.17All Uniform Codes need to be met. 2.2. 18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 2.2.19Applicant shall construct curb, gutter and sidewalk adjacent, and additionally match the pavement on existing Leisure Lane. 2.2.20Any 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. 2.2.21 Applicant will be required to extend the stubs in Leisure 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 Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 2.2.22Any 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. 2.2.23A11 Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-4-14 of the City of Meridian Zoning and Development Ordinance. ,Y 2.2.24Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDIDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 24 other required permits). 2.2.25The existing driveway on Cherry Lane will be closed, the j curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 2.2.26Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 2.2.27As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.2.28Direct lot or parcel access to Cherry Lane is prohibited. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the read property which is the subject of the application to (L -O) Limited Office District (§ 11-2-408 B (7) of the Revised and Compiled Ordinances of the City of Meridian) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. g.r t 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall re are theappropriate ma in e f th f p pmapping changes s o e official Zoning Maps as provided m§ 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with therovisions of the rezoning ordinance. p g FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDIDECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE 25 NOTICE OF FINAL ACTION } Please take notice that this is a final action of the governing body of the City of Meridian pursuant to Idaho Code 67-6521. An affected p § person beim a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date o� this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on 1'q� 0 t' 1999. ROLL CALL I COUNCILMAN RON ANDERSON VOTED__VZ� COUNCILMAN GLENN BENTLEY VOTED _?� COUNCILMAN KEITH BIRD VOTED_�� COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW ANd DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 26 t A1 OTION: APPROVED: _ _ DISAPPROVED: 1 Cb pv served upon Applicant, the Planning and Zoning Department, Public Works Department and the Citv Attorney. Dated City Clerk m4Z:AWork\N1W1eridian 15360N1\Gambiin, Mike RZ\FfsClsOrderREZONE i r 67— 'AtI ftrlr/lf,tr,/ of SEAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND'DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 27 FILE COPY 'A APD► ��RECQROED - REQUEST F ADA COUNTY RECOR 9010 NAVARRO .,, ►r?,^ Vit? FSE DEPUTY MID A -b P�11 1: 21 ?T 1000011432 CITY OF MERIDIAN BE IT ORDAINED BY THE MAYOR CITY OF MERIDIAN, COUNTY OF ADA, SECTION 1. FINDINGS: 1 Thewn r f th d h d o e o e f o11 owid b ng escri e property as ma e a written request for a re -zone of the zoning classification for the subject )m R-8 (Medium Density [ted Office) District as defined + 'icipal Code of the City of 6aw e1)// id Zoning Commission and City `onducted all public hearings in / sued its findings of fact and 0© �nd Order granting the 3 MIKE GAMB a eject of this ordinance is legally l ORDINANCE NO. 9 5 -4 - AN# ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUF cT FOR REZONE OF THE E_ ZONING CLASSIFICATION FOR REAL PR( THE BOUNDARIES OF THE CITY OF MER.�� JI DENSITY RESIDENTIAL) ZONING DISTR] + DISTRICT) AS DEFINED UNDER §I1-2-40� CODE OF THE CITY OF MERIDIAN, REPEfQ RESOLUTIONS ORDERS OR PARTS THEIR + AND DIRECTING THE CITY ENGINEER '1' a DESIGNATION TO THE OFFICIAL MAPS i IDAHO.�'n BE IT ORDAINED BY THE MAYOR CITY OF MERIDIAN, COUNTY OF ADA, SECTION 1. FINDINGS: 1 Thewn r f th d h d o e o e f o11 owid b ng escri e property as ma e a written request for a re -zone of the zoning classification for the subject )m R-8 (Medium Density [ted Office) District as defined + 'icipal Code of the City of 6aw e1)// id Zoning Commission and City `onducted all public hearings in / sued its findings of fact and 0© �nd Order granting the 3 MIKE GAMB a eject of this ordinance is legally l q 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 lRadngcribed as beginning 280 Meridian, Ada County, Idaho, more particular y 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. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. eer is hereby direct to alter all use and area SECTION 3. That the City Engin he official zoning maps depicting the City of Meridian land use maps as well as t zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Assessment Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated I the day of r MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 2 a F • SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 4! ay of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,1999 2-o00 a or ATTEST: AS*a��,{►+t� J�J JJ/ �I ...inl O ri T ' F w ` SEAL City Cleric = -s ,,'�J�J�tllifRf tt14111��N```\ MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 3 STATE OF IDAHO,) ss. County of Ada. ) .�L CcU On this; day of9, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. :,�q e �3�•�'1'T AIt y G • PUgt'1 : O •.•h �A..� r �O`�.•`� NOTARY PUBLIC FOR IDAHO RESIDING AT: W44 MY COMMISSION EXPIRES: L/ .2_o `r` an 15360M\Gamblin, Mike RZ\RZOrdinance MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 4 -__------------------------- - ----- --------------- i - I I�c1 1 I , ly�l 11 � z I zL I I I 1 Irl � r r I I I I I i I z I int Ip I �I - I I I10� I Erni II A I I N W 14TH TAiliwobo ---- -rI'----AVE-- /ti � l\.��� Tt \ � — , \ f ---------- - ------------ST -i----------r� W I I I � \ 'NW11TH NW11TH ------------------------ .(F �D-lItXAN KSq - II I 4 ------------- I�--� �I M PL Q I m I i ly N9T ''j\'� 1 I I i - Fit ryry I ----'I '1 I I I• l T�SI I, I -------------- NW 8TH - ----- ----� ----- piiilT 7 DR 1cFr1„v�ERE E i December 30, 1999 MERIDIAN�CITY COUNCIL MEETING: JANUARY 4, 2000 APPLICANT: MIKE GAMBLIN - DEV. AGT. AGENDA ITEM NUMBER: 4 REQUEST: DEVELOPMENT AGREEMENT - REZONE OF .6 ACRE BY MIKE GAMBLIN FROM R-8 TO L -O AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMN CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: All Materials preser>ted at public ri ,,-as--5�L44 - �ri 9 -01100 fe � rns5 . • December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4 2000 E APPLICANT: MIKE GAMBLIN - ORDINANCE AGENDA ITEM NUMBER: 5 REQUEST' REZONE OF.6 ACRE BY MIKE GAMBLIN AGENCY r1-"4MENTS 1 CITY CLERK:-fACHED CITY ENGINEE�' < In .0✓S CITY PLANNING CITY ATTORNEY CITY POLICE DEPT CITY FIRE DEPT:` C CITY BUILDING DEPT, CITY WATER DEPT: MERIDIAN SCHOOL MERIDIAN POST OFFI 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: r %TW FR - All Materials presented at public meetings shall become property of the City of Meridian. f�f Apr CITY OF MERIDIAN ORDINANCE NO. 0574 - AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO L -O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER §11-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to L -O (Limited Office) District as defined under §1 1-2-408B (7) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 1 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, 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. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Assessment Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of d ,-49427000, MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 2 • 0 `SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this --day of Zpap APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ay of ��� , - 99 ?_000 a or ATTEST: `,�S1�R�t+�+�►,��`',,�,,, ,, s�. 0 .. '^ "1 fit' ` - sm City Cleric = �p T ts1 .� MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 3 STATE OF IDAHO,) ss. County of Ada. ) .iL C6U On this ;, day of� ~tt I }9, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Ali y � y ' NOTARY PUBLIC FOR IDAHO —, I T e C"0 RESIDING AT: * Pus -0•' o : *1410 MY COMMISSION EXPIRES: L/ a -v L/ ti � � rtrtFF to ,,. MsSz� -_ rR�fGILQQs4nan 15360M\Gamblin, Mike RZ\RZOrdinance MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 4 • F f C� FILE COPT CITY OF MERIDIAN ORDINANCE NO. 0574 - AN 54" AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTFNIT-REQUEST FOR REZONE OF THE ZONING CLASSIFICATION -r': �' �PROPERTY THAT LIES WITHIN THE BOUNDARIES -f:: C �4ERIDIAN FROM R-8 (MEDIUM DENSITY RF cY % t �j'' `� - TRICT TO L -O (LIMITED OFFICE DIS M—'Z 1 Its �" �'. �� 108B(7) OF THE MUNICIPAL COD-;')' 1 r , EALING ALL ORDINANCES, RES' ' �� \"1OF IN CONFLICT HEREWITH; AND 1,�✓ N7 ADD SAID REZONING DESIG. V1__/F THE CITY OF MERIDIAN, IDAHO 4P, `� �'s a ` BE , �`• S [.THE COUNCIL OF THE CITY OF � / , ► J ;SOF IDAHO: a J AN� SECTION 1. the following described property has made a written _---_cques for a re -zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to L -O (Limited Office) District as defined under §11-2-408B(7) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given -notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 1 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, 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 EGINNING; Thence North, 210 feet; Thence West, 120 feet; Thence South, 210 feet; Thence East, 120 feet to the REAL POINT OF BEGINNING. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Assessment Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of '�GQ'L9gZQQ®• MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 2 •F • SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 4 ay of , +19,}e}: Z ap 61, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ay of �%_;�-I-999 2_00C> (/ ' : ] � r a_yor `��,►a►►►►►,�,,,, ATTEST: ON i ` - SM City Cleric = MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 3 STATE OF IDAHO,) ss. County of Ada. ) L On this � i day of � �-�'9, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 40 O • It Ali V•� * = NOTARY PUBLIC FOR IDAHO • - 1G RESIDING AT:���/, * PUB,*, ' o * MY COMMISSION EXPIRES:// --0g_0 Ms ian 15360M\Gamblin, Mike RZ\RZOrdinance r MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 4 ** TX CONFI ION REPORT ** AS OF JAN 05`'00 08 32 PAGE. 01 CITY OF MERIDIAN DATE TIME TO MODE MIN/SEC PGS CMD## STATUS _UF --S. 00--- 004 237 -------OK----------------- 04 01/05 08:31 PUBLIC WORKS ...... .___________ Mayo( ROBERT D. CORRIE CwwQ Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD FAX NUMBER: - 14,7a, -111 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDLjLN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 8874813 FACSIMILE COVER SHEET LEGAL DEPARTMENT (208) 884.4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884.5533 DATE: f 15;-- ?y TO: - TITLEJDEPARTMENT: CONFIDENTIAL: YES NO_-Af TOTAL NUMBERLOF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER; (208) 888-4218 NAME: Gx/ ll he,F- TITLEIDEPARTMENT: - COMMENTS: �e 6 PLEASE CALUS IF�YOU DO NOT RECEIVE ALL FAX TRANSACTIONS L SUCCESSFULLY (208) 888-4433. �e�eil t 7 2- 6p Z GISS-P �� ,� • Mayor HUB OF TREASURE VALLEY • ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD FACSIMILE COVER SHEET LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 FAX NUMBER: DATE: TO: TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): . --A FROM: CITY OF QMERIDIAN NAME: Ilei ll /5 e� % TITLE/DEPARTMENT: COMMENTS: FAX NUMBER: (208) 888-4218 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. CESSeSS,N a u, -e AA UYz,e. ? CITY OF MERIDIAN ORDINANCE NO. 9 5 -4 - AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO L -O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER §11-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to L -O (Limited Office) District as defined under §11-2-408B(7) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 1 described as: w�� F 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. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Assessment Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 2 SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this -day of . 2_6aa APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, thisay of ,1999 2 ac> Mayor ATTEST: City Cleric MIKE GAMBLIN (L -O) RE -ZONE ORDINANCE - 3 P a FILE COPY PARTIES: • DEVELOPMENT AGREEMENT 1. City of Meridian 2. Michael L. Gamblin CITY OF MERIDIAIN THIS DEVELOPMENT AG EMENT (this "Agreement"), is made and entered into this 2%t' day of �Cemv , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and Michael L. Gamblin, hereinafter called "DEVELOPER", whose address is 3208 N. Linda Vista Place, Boise, Idaho 83704. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition E re -zoning that the owner or "Developer" make a written 1)mmitment concerning the use or development of the 1ibject "Property"; and HEREA.S "City" has i y s exerc sed its statutory authority by GVH "!Lenactment of Ordinance 11-2-416L and 11-2-417D, ich authorizes development agreements upon the re - r -e a YGUlelt— ming of land; and /(p�2�afl UEREAS, Developer has submitted an application for vexation and zoning of the "Property"s described in hibit A, and has requested a designation of Limited f ice (L -O), (Municipal Code of the City of Meridian); ,d DEVELOPMENT AGREEMENT — 1 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning Sz Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of �G7`T�%� 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on rezoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 0 planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Michael L. Gamblin, whose address is 3208 N. Linda Vista Place, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - 3 0 0 4: USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 7 Meridian City Code which are herein specified as follows: Construct and develop a professional office building. (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings- of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 To construct, develop, use and maintain a professional office building in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the DEVELOPMENT AGREEMENT - 4 0 0 SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT. 5.2 Developer shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de - annexation, with the City of Meridian which provides for the following conditions of development to -wit: 5.2.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.2.2 Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 1 1-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.2.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT - 5 0 0 5.2.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5.2.6 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 5.2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.2.9 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for a Building Permit. 5.2.10Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 5.2.11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 5.2.12As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape DEVELOPMENT AGREEMENT - 6 strip beyond required right-of-way adjacent to Cherry Lane. 5.2.13A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 5.2.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 5.2.15 Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 5.2.16Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 5.2.17A11 Uniform Codes need to be met. 5.2.18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 5.2.19Applicant shall construct curb, gutter and sidewalk adjacent, and additionally match the pavement on existing Leisure' Lane. 5.2.20Any 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 Sz Meridian Irrigation District, or lateral users association. DEVELOPMENT AGREEMENT - 7 5.2.21 Applicant will be required to extend the stubs in Leisure 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 Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 5.2.22Any 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. 5.2.23A11 Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-4-14 of the City of Meridian Zoning and Development Ordinance. 5.2.24Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 5.2.25 The existing driveway on Cherry Lane will be closed, the curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 5.2.26Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 5.2.27As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. DEVELOPMENT AGREEMENT - 8 • 5.2.28 Direct lot or parcel access to Cherry Lane is prohibited. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City"'has complied with the notice and hearing procedures as outlined in I.C. ,§ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. S. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions DEVELOPMENT AGREEMENT - 9 • n U included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the DEVELOPMENT AGREEMENT - 10 case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under §12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT - 11 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified snail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Michael L. Gamblin 3208 N. Linda Vista Place Boise, ID 83704 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto, concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT - 12 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest,in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT - 13 amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the re -zone of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - 14 0 ACKNOWLEDGMENTS is IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Michael L. Gamblin, Developer Attest: CITY CLERK BY RESOLUTION NO. 2 9 4- CITY OF MERIDIAN MIAYOR ROBERT D. CORRIE I/ r-MEW- t� o SEAL - 7e, •0OUNT ` ev/Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\DevelopAgr DEVELOPMENT AGREEMENT - 15 • STATE OF IDAHO ) :ss COUNTY OF ADA ) On this A91day of �in the year 1999, before me, ( a Notary Public, personally appeared Michael L. Gamblin, known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. JERI UHRICH 1Ir NOTARY PUBLIC s� STATE OF IDAHO SEA1,) REMNOA7 GOM9.IDAHO STATE OF IDAHO ) otary Public for Idaho Commission expires: :ss County of Ada ) On this day of c , in the year 1999, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. �OTq� No* APUB LIC' a 00 .._ 10 F 04 DEVELOPMENT AGREEMENT - 16 Notary Public for Idaho Commission expires: 0 I1 U EXHIBIT A Legal Description Of Property 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. DEVELOPMENT AGREEMENT - 17 • EXHIBIT B • Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 18 r • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .6 ACRES FOR PROPOSED OFFICE SPACE MIKE GAMBLIN, Applicant. Case No: RZ-99-008 RE"IvED OCT 2 8 1999 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .6 acres having come on for public hearing on October 5, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Mike Gamblin, Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - I October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and I 1-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0.6 acres in size. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 2 generally located on the corner of Cherry Lane and Leisure Lane, in Meridian. 5. The owner of record of the subject property is Mike Gamblin,. of 3208 N. Linda Vista Place, Boise, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Medium Density Residential (R-8), and is a vacant field. 8. The Applicant requests the property be rezoned to Limited Office 9. The proposed site is surrounded by residential and commercial uses. The site is located approximately 75 feet north of the intersection of Cherry Lane and Leisure Lane. Meridian. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: by construction and development of a professional office building. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L -O) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 3 property as Existing Urban and designates Cherry Lane as an entryway corridor. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The subject rezoning request designation and proposed development is consistent with the policies and goals of the Meridian Comprehensive Plan as follow: 15.1 The Goals of the Comprehensive Plan are set forth at Page 5 and include: 15.1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 15.1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 15.1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 15.1.4To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 15.1.5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 4 citizens of Meridian and to ensure that these facilities are available to all residents of the City. 15.1.6To provide community services to fit existing and projected needs. 15.1.7To establish compatible and efficient use of land through the use of innovative and functional site design. 15.1.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 15.1.9To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 5 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page -23: 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. Under Commercial Policies at page 26 it states: 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.8U Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Under Community Design at page 71 it states: Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 6 strengthen the community feeling of quality: Special Community Design Areas Goal Statement: 2.1U Require businesses and government to install and maintain landscaping. Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 16. In review of the application for rezone it is provided at Section 11-2-416K of the Municipal Code that the Commission and Council review particular facts and circumstances of this proposed zoning amendment and finds subject to the conditions herein Finding 16.11, imposed that: 16.1 The area included in the zoning amendment is not intended to be rezoned in the future; 16.2 The application intends to construct and develop a professional office building in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 7 0 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 16.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning amendment is in the best interest of the City of Meridian. 16.11 The following are reasonable conditions of rezone: 16.11.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.11.2 Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 1 1-2-414.D.4 and 11 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 8 2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.11.3 A drainage plan designed by a State of Idaho licensed architect or engineer is "required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.11.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11- 9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 16.11.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 16.11.6 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 16.11.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1I- 9 -606.B. 16.11.8 All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 9 0 9 16.11.9„ Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for a Building Permit. 16.11.10 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 16.11.11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 16.11.12 As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beyond required right-of-way adjacent to Cherry Lane. 16.11.13 A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 16.11.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 16.11.15 Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 16.11.16 Provide handicapped accessible parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 10 0 spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 16.11.17 All Uniform Codes need to be met. 16.11.18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 16.11.19 Applicant shall construct curb, gutter and sidewalk, and additionally match the pavement on existing Leisure Lane. 16.11.20 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. 16.11.21 Applicant will be required to extend the stubs in Leisure 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 Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 16.11.22 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. 16.11.23 All Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 11 0 in 2-4-14 of the City of Meridian Zoning and Development Ordinance. 16.11.24 Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 16.11.25 The existing driveway on Cherry Lane will be closed, the curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 16.11.26 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 16.11.27 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 16.11.28 Direct lot or parcel access to Cherry Lane is prohibited. 16.11.29 That the subject property shall be developed in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 12 Ll 17. The legal description of the property that is the subject of this application for re -zone is 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. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE 13 3.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 3.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 3.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 3.4 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 3.5 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to ensure that these facilities are available to all residents of the City. 3.6 To provide community services to fit existing and projected needs. 3.7 To establish compatible and efficient use of land through the use of innovative and functional site design. 3.8 To encourage a balance of land use patterns to ensure that revenues pay for services. 3.9 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 14 0 Forecast Needs are set forth at page 16 and states: Forecast Needs: Based upon the City's aggressive Economic Development Partnerships plus the recommended employment forecast, additional land for employment -related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Commercial Activity Centers are set forth at page 17 and states: Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. The Employment Goal Statement at page 19 states: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. Under LAND USE at page 21: Commercial and retail areas are established along major arterials, and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Land Use Goal 1.5U states at page 23: 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 15 CJ Under Commercial Policies at page 26 it states: 4.5U Discourage isolated -neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.8U Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Under Community Design at page 71 it states: Community Identification Goal Statement - Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will strengthen the community feeling of quality. Special Community Design Areas Goal Statement: 2.1U Require businesses and government to install and maintain landscaping. Quality of Environment Goal Statement: 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 4. The requested zoning of Limited Office District, (L -O) is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 16 in the Zoning Ordinance at 11-2-408B(7) as follows: (L -O) Limited Office District: The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to ,the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. Section 11-2-409 of the Municipal Code, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists professional and sales office uses allowed in the various zoning districts of the City which provide that professional office building uses are permitted uses in the (L -O) Limited Office District zone. 6. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 7. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 17 • rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance `provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. S. The City of Meridian by the adoption of § 11-2-416L has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. follows: 9. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 9.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 9.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 9.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - IS • 0 9.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 10. § 11-2-416 K of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions. about the proposed zoning amendment: 10.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 10.2 The area is not intended to be rezoned in the future. 10.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 10.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 10.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 10.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 10.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 10.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be FINDINGS OF FACT AND CONCLUSIONS OF LAW ANb DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 19 follows: detrimental to the economic welfare of the community; 10.9 The proposed uses will -not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 10.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 10.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 10.12 The proposed zoning amendment is in the best interest of the City of Meridian. 11. § 11-2-417 A and C of the Municipal Code provides in part as 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 20 annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .6 acres for proposed office is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements, with the following special terms and conditions related to in this application to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 21 2.1 To construct, develop, use and maintain a professional office building in accordance with the PRELIMINARY "NOT FOR CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999, SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN GROUP, ARCHITECT, and the SCHEMATIC SITE PLAN LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT. .2.2 The following are reasonable conditions of rezone, which shall be the subject of the terms of a development agreement as a condition of rezone and which conditions areas follows: 2.2.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2.2 Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 1 1-2- 414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.2.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 2.2.6 All signage shall be in accordance with the standards set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 22 • forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.2.8 All construction shalLconform to the requirements of the Americans with Disabilities Act. 2.2.9, Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for a Building Permit. 2.2. 1 OApplicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.2. 11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 2.2.12As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beyond required right-of-way adjacent to Cherry Lane. 2.2.13A 20 -foot wide minimum landscape buffer must be f provided adjacent to all residential uses. I 2.2.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 2.2.15 Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 23 2.2.16Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 2.2.17A11 Uniform Codes need to be met. 2.2.18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 2.2.19Applicant shall construct curb, gutter and sidewalk adjacent, and additionally match the pavement on existing Leisure Lane. 2.2.20Any 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. 2.2.21 Applicant will be required to extend the stubs in Leisure 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 Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 2.2.22Any 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. 2.2.23A11 Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-4-14 of the City of Meridian Zoning and Development Ordinance. 2.2.24Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 24 0 • other required permits). 2.2.25 The existing driveway on Cherry Lane will be closed, the curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 2.2.26 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 2.2.27As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.2.28 Direct lot or parcel access to Cherry Lane is prohibited. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to (L -O) Limited Office District (§ 11-2-408 B (7) of the Revised and Compiled Ordinances of the City of Meridian) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 25 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on lq�= 0 ROLL CALL COUNCILMAN RON ANDERSON VOTED—V-_� COUNCILMAN GLENN BENTLEY VOTED_A�1_ COUNCILMAN I(EITH BIRD VOTED_*;, COUNCILMAN CHARLIE ROUNTREE VOTED _P_ MAYOR ROBERT CORRIE (TIE BREAI(ER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 26 0 t MOTION: APPROVED__ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: r Dated: 47— City Cleric % ,%Attilrlf ltt{!!!! msg/Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\FfsC1s0rderREZ0NE ' Q r SEAL CP tt144t1.0 , FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF. 6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 27' "interoffice MEMORANDUM i To: William G. Berg, Jr. PtFcElvED From: Wm. F. Gigray, III N 0 V - 8 1999 Subject: Mike Gamblin Rezone (RZ-99-008) CITY OF MERIDIAN Date: November 5, 1999 Will: Please find enclosed the original revised Findings of Fact and Conclusions of Law and Decision and Order, together with the original of the revised Development Agreement for the. above referenced application. Please note that I have revised Section 2.2.9 of the Decision and Order of the reasonable conditions of rezone changing "Certificate of Occupancy" to "Building Permit', as directed by the City Council. I have also changed Section 5.2.9 of the Development Agreement. I recommend that you obtain the needed signature of Michael L. Gamblin on the Development Agreement, and then schedule the Ordinance, which you already have, for passage by the City Council subject to the consent of the Mayor for placement, upon an upcoming council agenda. The Findings were passed on the 3" of November, so I recommend that .you conform and file the original Findings and serve a conformed copy upon the Applicant, Planning and Zoning, Public Works, and City Attorney. If you need anything further please.,advise. msg/Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\CClerkrevisedFfDevAgmt.Mem i nteroff ice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Gigray, III Subject: MIKE GAMBLIN REZONE (RZ-99-008) Date: October 28, 1999 Will: J?EcElvED OCT 2 8 1999 CITY OF MERIDIAN Please find attached the revised rezone Findings of Fact and Conclusions of Law, for the above matter. These revisions were prepared pursuant to City Council's action taken at their October 19t' meeting. Please note the revisions are under the Decision and Order and new language has been added to numbers 1, 2, 3 and 4, and language added pertaining to a development agreement. I am submitting these revised Findings for City Council's November 3rd meeting. I have additionally, enclosed the original of the Development Agreement; Resolution and Certificate of Cleric. If Council approves the Findings at their November 3, 1999, meeting, the Findings will need to be attached to the Development Agreement as Exhibit B". As well, you will need to obtain the owners signatures on the Development Agreement, and then have this agreement placed on an upcoming meeting. The original Rezone Ordinance, and Certification of the City Cleric, were previously sent to your office on October 11, 1999, and therefore you should be in possession of those documents already. If you have any questions please advise. Msg/Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\Bergrevisions102599.Mem orj U-/�Zp!I �G� Meridian City Counci*Council Meeting October 19, 1999 Page 3 r �ITEM-7.-.7 FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE -5-F.6 ACRE FROM R-8 TO L -O BY'MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC—SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Stiles: Seven would be for an existing – the L -O parcel fronts on Chevy Lane and they've asked for the remainder of that lot be rezoned to L -O so they could build a new structure, and I believe the right-of-way was addressed at the last meeting. Tarawood Subdivision, this was a request for annexation and zoning of that parcel that was surrounded by Sherbrooke Hollows and Los Alamitos. This was the one where the preliminary plat was denied. I believe they had requested reconsideration, but this is just for the annexation and zoning of that 12.801 acres. Anderson: I have a question on that one, I guess, for the counselor is has there been anymore requests for them for a reconsideration and what are we doing on that? On the preliminary plat. Stiles: I just recall that they had made that request at the meeting, and I don't know if it had been re -noticed or if they made some kind of formai request or really what was required of them. Maybe Mr. Gigray can answer to that. Gigray: I'm not aware of any follow-up. Excuse me, Mr. President and members of the Council. Councilman Anderson, I don't recall or know, I haven't been advised of any request for follow-up on that other than the Findings that have been prepared, and I believe that one has a development agreement that was prepared subject to the (inaudible) Findings. And, of course, this matter here is the annexation and zoning and not the subdivision request. Anderson: Right. I was just trying to find out if they had done anything else on the other requests. Rountree: Will. Berg: Council President, Councilman Anderson, at the last meeting, they asked for reconsideration and we noticed for a new public hearing for November 3`d, I believe. I think that was the soonest that we could get it on the notification for them to come in and for you to re-evaluate or them to re -do a preliminary plat. We haven't had any other information received in our office concerning that, but it is on the agenda for the 3`d of November. Meridian City Council*Council Meeting October 19, 1999 Page 4 Anderson: Okay. Thank you. Rountree: Thanks, Will. Does that answer your question? Anderson: Yes. Thank you. Rountree: Okay, Shari. Back to you. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW; REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R -T TO C -G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Stiles: Number 9 would be the Sonntag Eye Associates, it's also been called the Alan Care Center, I think it's also been called the Magic View Center. The main issue there, of course, is we had asked for a revised site plan which I believe we received either yesterday or today, and the issue of the water and sewer and the fact that that hadn't been turned over to the City yet. Rountree: Gary. Smith: Mr. President, Council members, we have a contractor that is improving a water system in that area, and they contacted the contractor who installed the water and sewer lines for the Holiday Inn Express to get their permission to connect their water line that they're building with the water line that was installed for the Holiday Inn. The contractor did give us approval or give the contractor — our contractor approval to connect so that they could pressure test and flush the lines.. Beyond that, nothing has happened in terms of my request in written form to that contractor to allow us to go in there and finish the job. I haven't received any word back from them. Bird: Mr. President. Rountree: Mr. Bird. Bird: Gary, is that the one that's got the lien on it? Smith: Yes, sir. Correct. Bird: The lien's on the property, not on the sewer line. Smith: That's correct. Bird: So basically, that sewer line is not liened. Rountree: It might have a little slope to it. Meridian City CounciAeting October 19, 1999 Page 17 Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 7. FINDINGS OF -FACT AND CONCLUSIONS OF LAW: REQUEST FOR- REZONE- OF .6 -ACRE, FROM' R-8 TO L -O BY MIKE-, GAMBLIN—LOCATED AT CHERRY -LANE AND -LEISURE LANE: ate., L Corrie: Item No. 7; Findings of Facts and Conclusions ofCaw: Request'for rezone -of .6 acre portion of'R-8 to L -O by Mike Gamblin located at Cherry Lane and Leisure Lane. Shari. E Stiles: Mr. Mayor and Council, I have missed one item on this. Under'the Findings of Facts and Conclusions of Law on Page 24, Item 2.20; it says applicant shall dedicate right-of-way for Leisure Lane and improve to ACHD standards. We discussed that last time, and said that the applicant would build curb, gutter and sidewalk on his property and match existing pavement. Bird: That's right, Shari'. So we need to strike t}iat one? s Corrie: 2.20? Bird: Uh-huh. Corrie: Okay. Gigray: Mr. ;Mayor. Corrie: Mr. Gigray. . Gigray: Point of information. Mayor and Council, I also see that there are a number of condition's upon Ithe rezoning designation, and so I would recommend to the Council that in their Findings and Decision of Order and we will prepare the appropriate substituted pages if you should follow this recommendation that it direct the city attorney to prepare a development agreement because you cannot condition a zoning ordinance on conditions, and that's why we have development agreements that would include`those'conditions which are.' set forth in Section 2 of the Order. - Corrie: Okay. Any further discussion? Rountree: Mr..Mayor. 1 .Meridian City Councoeting October 19, 1999 Page 18 Corrie: Mr. Rountree. Rountree: I need a bit of interpretation to what'l just heard. Bird: I do too. Corrie: Mr. Gigray, would you take another step back? Gigray: Mr. Mayor, members of the Council; I apologize. I'll try to make this clearer. As I read the Decision of Order, this is a change of zone, and there are a number of conditions placed in this order for granting the change of zone. In order to do that, we have to have a development agreement as a condition of rezoning in order to effect those as conditions of the rezone. We can't pass an ordinance saying that they're zoned L -O and in that ordinance say there are all these conditions on their rezone because we have an ordinance that defines what uses can be done within an L -O. The state law says that we — our authority to put conditions on rezone is in the development agreements, and that's why we do them on zoning or rezoning designations. Rountree: So we would need the development agreement (inaudible) — Gigray: If you want conditions on the rezone. If you don't want conditions on the rezone, then you can effect it through your own ordinances and you don't need the development agreement. This order should just show that it's going to be rezoned L -O and that's all we need to do. Rountree: Okay. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: In light of that information, I would make a motion that we instruct legal staff to draw up a development agreement on this request for rezone and included in that motion I would request that we table the Findings of Facts and Conclusions of Law until November 3rd Rountree: Second. Corrie: Motion is made and seconded to table the Findings of Facts and Conclusions of Law and to have the attorney draw up the. DA here until the meeting on the 3rd of November. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City -Cou ncloeting October 19, 1999 Page 19 (inaudible) Corrie: It all depends on if we get to it (inaudible). ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC—SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Okay. Item No. 8, Findings of Facts and Conclusions of Law: Request for annexation and zoning of 12.801 acres by Tarawood Subdivision by Michelangelo Investments, LLC, south of Los Alamitos Park and north of Sherbrooke Hollows. Council, do you have any discussion on Item 8 or staff comments? Stiles: Mr. Mayor, Council, I think some of our comments were taken out of the Findings of Facts and Conclusions of Law. There appear to be only two items, and I think we discussed this at the last meeting. This would also require a development agreement. I would just ask that our comment be incorporated in that development agreement, if that's possible, such as the fencing and things that aren't in our ordinance. Corrie: Any discussion? Bird: I have none. Corrie: I'll entertain a motion to table this one for the development agreement believe this is appropriate for this one because we don't have a development agreement either. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the city attorney to draw up a development agreement for the Michelangelo Investments rezone of 12.801 acres and incorporate staff comments and that we table this Findings of Facts and Conclusions of Law`until November 3rd. Corrie: There's been a motion to the floor. Do I hear a second? Anderson: I'll second it. Meridian City Council Meeting October 5, 1999 Page 27 Bird: So moved. Bentley: Second. Corrie: Motion to continue the public hearing on Item No. 15 and a second. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: We're back in the public hearing now. I'll entertain a motion. Bentley: Mr. Mayor, I move we continue the public hearing for the request for annexation and zoning by Charles Crane until November 3`d '99 Anderson: Second Corrie: Motion is made and seconded to continue the public hearing until,November 3, 1999. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Now, Mrs. Crane, what we've done here is that we've continued this public hearing until November the 3rd so that there might be – maybe you won't have to go through this plotting. It'll be already taken care of for you. So it'll make it a lot easier for you then to have you husband here at the same time. Crane: Okay. Thank you. Corrie: Okay. Thank you. 16.- --CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-O.BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: I Corrie: Item No. 16 is a continued public hearing: Request for rezone of .6 acre from R-8 to L -O by Mike Gamblin located at Cherry Lane and Leisure Lane. At this time I'll open the public hearing. Staff, comments? Stiles: Mr.; Mayor and Council, this is for the property, there's currently an office building located on Cherry Lane and they want to make this entire process an L -O. Mr. Gamblin previously came before the City Council to make the entire, well, I believe he wanted an R-8, and this says R-4. There was a problem with the ordinance and the way it read, so it does show up as an R-4, but it is an R-8. He would like to make the entire parcel the • Meridian City Council Meeting October 5, 1999 Page 28 L -O. I did want to clarify as far as the recommendations to City Council. On Page 3 of 1.9, we would ask that this site plan be provided to ensure compliance, zoning compliance, prior to applying for a building permit instead of the Certificate of Occupancy. Although Ada County Highway District has not required construction of Leisure Lane which is currently a private lane to their standards, our recommendation is that this is dedicated as a public road along their frontage and that it be constructed to Ada County Highway District standards. This entire subdivision is an illegal subdivision. Sewer and water is not available to most of those lots. They will have to do pretty careful coordination with the Public Works Department, make sure that his portion of the lot is sewerable. If they're not subdividing, they will also need to come in with a conditional use permit for any building on the lot. That's all. Corrie: Okay. This is a public hearing. Is the applicant here this evening? Gamblin:- My name is Mike Gamblin. I live at 3208 North Linda Vista Place in Boise. I concur with staff comments with the exception of dedicating the Leisure Lane to a public road. I didn't know that — that was not in my packet, so that was a little bit of a surprise to me. Leisure Lane is owned by all the residents back in the illegal subdivision, myself included. Each of us own an undivided interest in Leisure Lane, so for me to convert that to a public road, i think, will be difficult since I don't — I'm only one of the 13 or 15 homeowners back there. I think bringing it up to standards as far as curb, gutter and sidewalk back as.far as my property is concerned, I don't have a problem doing that, but dedicating it to public, I'm a little unsure of. So I guess I'd like a little commentary on that; otherwise, I do agree with all the staff comments. Corrie: Okay. Any questions of the applicant? Bird: I have none. Corrie: We'll come back to you. We'll get some answers for you. Anyone else like to issue testimony here tonight? Okay. Shari, do you have any answers? He had a couple of questions about as far as the other people down the lane and what can be done there? Stiles: I don't know what kinds of problems he might encounter with making that a public roadway. The back portion of the lot will not have legal frontage on a public road. I believe that we normally require any frontage of a property to have access to a public street. This Item was a recommendation from the Planning and Zoning Commission on Page 4, Item 1.19: Applicant shall dedicate right-of-way for Leisure Lane and improve to ACHD standards. It's very.difficult for us to determine setbacks, to review any site plans for conformance with those setbacks if there is no road. It, essentially, becomes an interior lot line, and if public utilities are ever to be extended through this subdivision, which they will need to be, there are lots within that — along the lane that are not buildable because there's no sewer and water access to the property. It will have to 0 • Meridian City Council Meeting October 5, 1999 Page 29 come from the north side and come back ydown Leisure Lane to Cherry Lane and it needs to be within a public right-of-way or dedicated easement that's accepted by the Public Works Department. Bentley: Mr. Mayor, Corrie: Mr. Bentley. Bentley: Shari, I have a question. With the arrow, go up to the far end of Leisure Lane. Okay. Say these houses up at this far end, their septic systems crash. What happens then? Stiles: The property will — I don't know if it has to be condemned or they'll have to somehow get access to this sewer and bring it through. Gary's — Bentley: That was my next — Stiles: -- very familiar with this subdivision. Bentley: That would be my next question for Gary. Can you give us some input on that, Gary? Smith: Mr. Mayor, Councilman Bentley, Council, when the subdivision to the west of Leisure Lane, and I think it's called Dunton Place, second phase developed, we stubbed a sewer line somewhere in that area where that arrow is in from the public road in Dunton Place into that lot just north of the arrow — well, right down a little bit -- comes through somewhere in there, over, to a lot line and then it will have to be extended down the lot line between those two big lots that are showing there — yes, down that lot line to Leisure Lane right about there, and then it would be extended to the east and then out in Leisure Lane to serve those properties. So they — we did make provisions when Dunton Place was built to extend the sewer into the Leisure Lane area, and we got it into that one lot and the engineering has been done for extension of the sewer in Leisure' Lane by others. Bentley: Okay. If it came'to the point, say, the lot that's got the R-4 or R-6 on it, I can't read because it's in the middle split line there of Leisure, in that area, then we'd have to have a public street? Smith: Well, for sewer and water we'd have to have a permanent easement. We have other areas where we have permanent easements. We don't need particularly a public street, but we do have to have a permanent easement dedicated to sewer and water. I'm not so sure, Shari asked me earlier, about gravity sewering the northerly portion of this parcel, and I'm not so sure that the northerly portion will sewer back to Cherry Lane. Part of it will -- their sewer line has been extended out of Cherry Lane into Leisure Lane Meridian City Council Meeting October 5, 1999 Page 30 for a short distance, but I don't think it can go too much farther to the north, and it's going to be in trouble with cover. So I just don't know — I can't give you an answer as to how this particular parcel will sewer for sure. The northerly portion anyway. But north of this parcel, I could guarantee you that sewer would have to flow to the north and connect to that stub line that we brought in to this subdivision. Bentley: Okay. Thank you. Corrie: Mr. Bird. Bird: Shari, on that 1.9, that's dedicated for Leisure Lane and you're just talking about the lot that he's talking about, isn't it? That he owns? Stiles: Well, this is very odd because it is an illegal subdivision. It appears from our records that where it says Leisure Lane here is actually part of this lot. So if he were to ever to try to split this property, he wouldn't be able to because he would not have frontage on a public street. So he's — it is going to be a problem. Bird: On that condition, what don't you — you just mean the length of his lot, don't you? Stiles: Yes. Bird: Right up to there?' And I think he disagreed to that a minute ago right up here. That he would — that I don't — that he would — you know, curb and gutter and everything up to the edge of his lot. Stiles: I believe he agreed to — Bird: Bring it.up — Stiles: -- to construct it, but not to dedicate it as a public road. Bird: The condition don't say public road, does it? Stiles: I believe it says to dedicate the right-of-way for Leisure Lane and improve to ACHD standards. North of this property, all of these properties actually go to the center line of Leisure Lane, what is Leisure Lane, so you typically could find and you will find out there that there are properties that are — buildings out there that are not very far off the 'roadway. So I'm not real sure what happened here, why it's different than the rest of them. It just appears from my records that maybe Mr. Gamblin could clarify that. It looks like this is all up a lot, basically a flag lot. And if that were the case and he's not able to put a public roadway there, his access would be limited to whatever he could get of Cherry Lane. Meridian City Council Meeting October 5, 1999 Page 31 Corrie: Yes, you certainly can. Gamblin: I like the staff's recommendations on having our access be on Leisure Lane; however, if it's — if you won't grant the idea off of Leisure Lane, while the drive is off of Leisure Lane, then we can take them off of Cherry Lane. What we're trying to do is take the entrance to this property off of Cherry Lane now. There's just broken up with numerous driveways as you go down. It'd be nice to take it off Cherry Lane and bring it on Leisure Lane. I'm a little unclear exactly what, 1 guess, the staff is asking me to do. I can say that I will do what I can as far as improving that road on my side of Leisure Lane all the way back to the back of my property, dedicating it what I can within my own power. I guess since everybody along Leisure Lane owns an equal and undiv;ded interest of Leisure Lane, I guess what I'm saying is I can't just sign off that whole thing for the whole neighborhood. I think the attorney agrees with that. So I'll do what I can. I just though the idea of bringing the driveways off of Leisure Lane like the — I don't know if you have a copy of the conceptual — just made more sense for the City to kind of clean up the driveways off of Cherry. The — where Leisure Lane is typed on there is the actual road is quite wide. I would say it's 25 or 30 feet wide. It may be deeded with that property that you mentioned on the flag lot share. I'm not familiar with that property. I don't own it, but I know that the entire neighborhood comes in and out on that street and everybody has an equal and undivided interest in the road as it currently states or as it currently sits. There is a very teeny little strip on'the west side of Leisure Lane. You can see on the map. That's about 10 feet wide. ACHD owns that. That's.another odd little piece too right there. Just as kind of an aside, I'm sure that the City would like to, and I think all the residents too, I don't speak for all of them, I speak for me, it'd sure be nice if they'd just kind of go in there and kind of clean' up that whole subdivision.' I think it'd probably be a nice street with sewer and water. I think all the residents back there would agree because they know that as soon as one of their septics fail, they're going to be in trouble. So I guess in conclusion, I guess I agree with the staff remarks as written so long as I have the power to do this dedication and maybe attorney can clear this -up on what they're asking me to do and what the circumstances. Rossman: Mr. Mayor. Corrie: Mr. Attorney. Rossman: You're correct in that you can't dedicate somebody else's property. What you have now is an easement on a private access on Leisure Lane. Everybody who abuts that has at least an implied easement across that — proceed down that lane to get access to their property. You don't have an ownership in the property in and of itself that anybody can dedicate. Have''you talked to the property owners along there as to whether they'd be interested in — Gamblin: I've talked to a few of them over the years: A few of them have spoken to me, and they've all commented — the few that I have spoken to have commented that Meridian City Council Meeting October 5, 1999 Page 32 they know that they have an illegal subdivision, and they know that they stand a chance of being in a little bit of a problem should they ever need some city services. Rossman: Let me as you this. The portion that says Leisure Lane, that's not entirely on your property, is it? Gamblin: It is not. My`property line, there is a line drawn there. Now, I did have my attorney research my accessibility, and he did render an opinion to me that I had an equal egress and ingress into that (inaudible) Leisure Lane just like anybody else on that property, so I suppose we could determine where my property line is. And this may be the discussion down the road when I develop the property. I'm not coming and asking for the development agreement now. I'll agree to sign a development agreement, so this may be a discussion for when that time comes, but I think we can accurately determine where my property line is which abuts Leisure Lane and can develop to there or to the center of the road, whatever you decide at that time. Rossman: So, Mr. Mayor, i guess the answer to the legal issue is no, he can't dedicate somebody else's property as an easement access over that property at this point.. I guess if everybody consent to it, there could certainly be a dedication, but at this point, he certainly — this individual couldn't dedicate that*to public access. And if I understand correctly, his lot access or his lot line is about midway through the street, isn't it? Gamblin: No, 1 don't believe it is. My lot line does — the street, as far as I can see on my survey, the street does not go down my — through my property. Rossman: Okay. Gamblin: It just comes — abuts to it. Rossman: Yeah. You couldn't even dedicate that portion. Gamblin: I was just figuring'we'd come in there, we'd improve the street, gutter and sidewalk down to the back of my property and put in a couple little driveways back there so we don't come in off of.Cherry Lane and then clean up at least the first 300 feat of Leisure Lane.- That's what we had in mind. Corrie: Okay. Thank you. 1.19 would have to be taken out of there — Bird: Mr. Mayor, can I ask him one question? Corrie: Yes. Bird: On the sewer and sidewalk stuff, that would come off of your property, right? You're not thinking about taking some of the Leisure road? Meridian City Council Meeting October 5, 1999 Page 33 Gamblin: No. (inaudible) Bird: (inaudible) I just wanted to clarify that. Gamblin: And I do know that that road actually does come right up to my property, so I figured that would be on mine. Bird: So you, indeed, would be willing to take out five, six feet of your property to do the sewer and gutter? Gamblin: Yes, we would. Bird: I mean sidewalk and gutter. Gamblin: I know what -you mean. Bird: I'm not sure I do. , Gamblin: Okay. Corrie: Any other questions? Bentley: I just have one. Corrie: Mr. Bentley. Bentley: Shari, does that meet with what you were trying to accomplish with that? Stiles: I think so as long as he's able to construct the roadway. (inaudible) have to construct the roadway on somebody else's property. So he's going to have to get permission for that unless he wants to include the entire roadway on his property which I don't think he wants to do. Gamblin: No. Bentley: My question of that, are we expecting to build half the road to the centerline? You see, he doesn't own that property. Stiles: So how does he access it and construct curb, gutter and sidewalk? Bentley: No. The curb, gutter and sidewalk he was going to take off of his property. He's willing to do that, but I don't see how we can tell him, "You go pay the entir-3 30 - foot width road," or whatever it is. How do you do that when he doesn't even own it? Meridian City Council Meeting October 5, 1999 Page 34 Stiles:, Is it dirt now? Gamblin: No. It's paved. . Stiles: Does that roadway, does the,edge of the pavement go clear to you'r'pr6perty' line? Gamblin: That's my understanding, yes. Stiles: ,Okay. r Gamblin: U well Up — ;., approximately, yeah. I believe it approximately does. Stiles:. if he,could do -the curb, gutter and sidewalk' on his property and match the pavement to complete it so that people aren't — Gamblin: Yes. I don't think the residents at Leisure Lane would object to that. I'm not going to be encroaching on their existing road. Just bringing up a nice sidewalk to it and then matching the pavement to have it flow in. I don't think I'd get any objection to that. Bentley: - My next.question on top of that would be where do we get the grade from to make sure the sidewalk isn't below the road in a future setting if it does go public? Or do we just worry,about that when it happens? Or do we just let them rip everything out at the end? Gamblin: Don't you kind of shoot from Cherry Lane? You kind of know where you want to be because of the sewer — or there's the sidewalk and gutter on Cherry Lane in front of myproperty. Wouldn't you kind of go from that level?- Rossman-. Mr., Mayor, Council members, I think that you could definitely look at the curb and the existing ground grade on the curb grade and elevation on Cherry Lane and the existing ground elevations adjacent to your property, Mr. Gamblin, and see if they would logically flow one way or the other; otherwise, any improvements you would make at this point would probably be throw-aways at some future time. Gamblin: Okay. 4 r . Rossman: Because typically what we found in the past is to build a short section of curb, gutter and sidewalk that doesn't connect anything doesn't work out, and we've always had — I shouldn't say we — Council has taken the attitude that property owner would bond or at least agree to provide the improvements or pay for improvements at a future date. That would be part of an overall improvement where everything would Meridian City Council Meeting October 5, 1999 Page 35 work, but where you're on the corner, it may be,that this will grade back,into Cherry Lane, although, I think everything grades to the north. Gamblin: I — this may be irrelevant for the proceedings, but I don't plan on developing it .for approximately five years. I just want to get the rezone done. So by that time, maybe Leisure Lane will no? He'sshaking his head no. That's too bad. a Corrie: Shari. Stiles: Mr. Mayor and Council, if we could change that condition that the applicant shall construct curb, gutter and sidewalk adjacent to Leisure Lane and match the pavement, match existing pavements, and I think the rest of it as far as the cross -access is -taken care of with Ada County Highway District's comment that they provide recorded r;ross- access easements for access to the public streets and for use of the private road. So that would — I don't know what else — Gamblin: And we have that already. Bird: Agreeable. Corrie: Then we'd take out "1.19; is that correct, Shari? Stiles: To modify it to be construct curb, gutter and sidewalk adjacent to Leisure Lane and match pavement. Corrie: Okay. Thank you. Gamblin: Thank you. Corrie: Anyone else from the public like to issue testimony on'Item, No. 16? Okay. Hearing none, I'll entertain a motion then from Council to close the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 16. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Thank you. Council. Bentley: Mr. Mayor. i 0 4 0 Meridian City Council Meeting October 5, 1999 Page 36 Corrie: Mr. Bentley. Bentley: I move we adopt the recommendations and the Findings from Planning and Zoning with the changes on Page 3 at 1.9, last sentence to remove Certificate of Occupancy and add the words building permit. Then on Page 4, we change 1.19 to read: Applicant shall construct curb, gutter and sidewalk adjacent to Leisure Lane and match the pavement along his property. And that's all the changes I'd have. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the recommendation of the Planning and Zoning with the recommendation of the new additions of 1.9 on Page 3 and 1.19 change on Page 4. Okay, and to issue a new Findings of Facts and Conclusions of Law (inaudible). Bentley: Yes, with a (inaudible) review. Corrie: All right. Any.further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Motion is carried, so Mr. Attorney, if you'll have those drawn up fcr us. { Rossman We will, Mr. Mayor. Corrie: Item No. 18 is a conditional – Bentley: Mr. Mayor, I move we take a ten-minute break. Bird: I second that. Corrie: All right. We'll take – be back here at 9:10. (Whereupon the meeting was in recess at 9:00 p.m.) 17. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL—LOCATED AT 2241 E. CLARENE STREET: Corrie: All right. I'll reconvene the City Council at 9:10. Let's start with Item '18. This is a continued public hearing. This is a request – okay, guys. Chief, thank you. We're in Item No. 18 now. Request for annexation and zoning of 4.34 acres – Stiles: Item -17. 0 October, 1, 1999 • MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: MIKE GAMBLIN ITEM #: 16 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O AGENCY COMMENTS CITY CLERK: REFER TO PACKET OF 9/21/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: f MERIDIAN POST OFFICE: f ADA COUNTY HIGHWAY DISTRICT: (r ADA ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: ev, NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: V IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 4 L y MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT: MIKE GAMBLIN AGENDA ITEM NUMBER: 15 REQUEST: REZONE OFA ACRE FROM R-8 TO L -O AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS 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: r IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 - Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 987-141,31, r PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-42 v Xi DEPARTMENT (208) 884-5533 - Faz 887-1297 AUG G 3 111," t�lty ,i"sl� 'i3T_ MEMORANDUM: ., > _ August 6, 1999 To: Planning & Zoning Commission, Mayor and City Co From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner Re: Request for Rezone from R-8 to L -O by Mike Gamblin We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by l motion of the Meridian City Council: GENERAL COMMENTS: 1. The property is located on the northeast corner of the intersection of Cherry Lane and Leisure Lane. The front portion of the parcel, fronting on Cherry Lane is already zoned L -O. This application would rezone the remainder of the parcel from R-8 to L -O. 2. Cherry Lane is designated as an entryway corridor in the Meridian Comprehensive Plan. The site is designated as Existing Urban in the Meridian Comprehensive Plan. 3. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 4. The L -O zone does not permit retail stores, even as a conditional use. The applicant is requesting the L -O zone for a professional office, which would be a permitted use. 5. Although this application is for rezoning only, the following comments reflect additional ordinance requirements of which the Applicant needs to be aware. RZ-99-008 Gamblin.RZ.doc i • J P&Z Commission/Mayor & Council August 6, 1999 Page 2 DEVELOPMENT REQUIREMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-141) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 I -2-414.D.3. 6. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 7. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS 1. Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 2. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. RZ-99-008 Gamblin.RZ.doc P&Z Commission/Mayor & Council August b, 1999 Page 3 3. Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch j (3") caliper tree per 1,500 square feet of asphalt are required per current. Ordinance. Note: a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 4. As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beand required right-of-way adjacent to Cherry Lane. 5. A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 6. Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 7. Provide letter of approval from Ada County Highway District with submittal of site plan prior 1 to issuance of Certificate of Zoning Compliance. 8. Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 9. All Uniform Codes need to be met. 10. Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 11. Applicant shall dedicate right-of-way for Leisure Lane and improve to ACHD standards. 12. The legal description submitted with this application for rezone appears to meet the requirements of the City of Meridian and State Tax Commission. 13.. 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. 14. 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 RZ-99-008 Gamblin.RZ.doc P&Z Commission/Mayor & Council August 6, 1999 Page 4 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. k- 15. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic servicepesCity Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 16. 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. 1 i s� i 's RZ-99-008 Gambiin.RZ.doc R . j M � � BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR ) REZONE of APPROXIMATELY ) .6 ACRES FOR PROPOSED OFFICE ) SPACE ) MIKE GAMBLIN, ) Applicant ) Case No. RZ-99-008 P RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 0.6 acres in size. The property is generally located on the corner of Cherry Lane and Leisure Lane, in Meridian. 2. The owner of record of the subject property is Mike Gamblin, of 3208 N. Linda Vista Place, Boise, Idaho. 3. The Applicant is the owner of record. 4. The property is presently zoned as Medium Density Residential (R-8), and is a vacant field. 5. The Applicant requests the property be rezoned to Limited Office (L -O). 6. The proposed site is surrounded by residential and commercial uses. The site is located approximately 75 feet north of the intersection of Cherry Lane and Leisure Lane. RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE AND LEISURE LANE by MIKE GAMBLIN 0 9 7. The subject property is within the city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: by construction and development of a professional office building. 10. The Applicant's requested rezoning of the subject real property as Limited Office (L -O) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban and designates Cherry Lane as an entryway corridor. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Off-street parking shall be provided in. accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping of driveways and parking lot shall be in accordance RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE AND LEISURE LANE by MIKE GAMBLIN with the standards set forth in Sections 1 1-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 1.6 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Gaie ,of pp_Rmt'r 1.10 Applicant shall be required to enter into an Assessment Agreement with -the City of Meridian. 1.11 Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE AND LEISURE LANE by MII(E GAMBLIN currently being considered by the City. If the landscape ordinance is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate -the landscaping on the site. 1.12 As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beyond required- right-of-way adjacent to Cherry Lane. 1.13 A20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 1.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 1.15 Provide letter of approval from`Ada' County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 1.16 Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 1.17 All Uniform Codes need to be met. 1.18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 1.19 Applicant shall dedicate kg -ht -e -f way for Leisure Lane and eve -to - 411 FAM, F h Ar'N-� Jta�da�ds7 ,� 1.20 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. 1.21 Applicant will be required to extend the stubs in Leisure 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 RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE - FROM R=8 TO L -O AT CHERRY LANE AND LEISURE LANE by MII(E GAMBLIN . t 0 0 since Leisure Lane is private. Assessment fees for sewer and water service will be determined during the building plan review process. 1.22 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. 1.23 All Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-4-14 of the City of Meridian Zoning and Development Ordinance. Adopt the Ada County Highway District's Recommendations as follows: 1.24 Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 1.25 The existing driveway on Cherry Lane will be closed, the curb cut replaced with a standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. 1.26 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 1.27 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 1.28 Direct lot or parcel access to Cherry Lane is prohibited. Z:\Work\M\Meridian 15360M\Gamblin, Mike RZ\Rezone.Rec RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE.AND LEISURE LANE by MIKE GAMBLIN 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _+BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTO R N EY _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 RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTNIENT = c;l Members CITY OF MERIDIAN.-- ('_08)984-4264 PUBLIC WORKS CHARLES ROUNTREE33 EAST IDAHO � - BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642. `~'� ,^ (''os) 88 7- 11 RON ANDERSON Phone (208) 883-1433 Fax (208) 887-4813 ' .` „PLANNING AND ZONING KEITH BIRD ` s. 1'.',_;:� 2 DEPARTMENT (208) 884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _+BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTO R N EY _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 RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live i c;l Members (203) 384_a264 CITY OF MERIDIAN _+KEITH BORUP, P/Z PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83632 (208)88"-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-481 � � G' \ � G AND ZONING KEITH BIRD c �% EARTNIENT POLICE DEPARTMENT _CITYATTORNEY _CITY ENGINEER `JUL) 83.1-ii33 U;�NJ� _CITY PLANNER 11;x.—, I t'it,y Of i'rPidian V14 ttiwk Of4ce 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _+KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C KEITH BIRD, C/C !GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS:_ (O -7-" POLICE DEPARTMENT _CITYATTORNEY _CITY ENGINEER 77775,7&7,9, 772/E _CITY PLANNER 11;x.—, I HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ,08) , 64, Co n •il Members ITY OF MERIDI N PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642(208) 887-22 11 ,rte}-, RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLAI�Ft�I�G�AND ZONING KEITH BIRDj �yDEPARTMENT 19 108) 884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE 017.6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C' _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, 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 RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: /!�y Z'a-rl--f RECEIVED J U L 0 .r 150 I'yleridian City Water Superinten&nt Acla Cottn1V,--_Wiqhtuatj c2Jij1hict Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us August 4, 1999 Mike Gamblin 3208 Linda Vista Place Boise, ID 83704 Re: Staff Level Approval MRZ99-008 Facts and Findings: Cherry Lane/Leisure Lane r-, - - �- - AUG 1 0 1999 TT" -OF 1'fDL� Rezone R-8 to L -O A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from R-8 to L -O. The 0.6 -acre site is located approximately 75 -feet north of Cherry Lane. The applicant also owns the property on the northeast corner of Cherry Lane and Leisure Lane that is currently zoned L -O, and will be submitting a development application in the future for both properties. This development is estimated to generate 100 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the Citv of Meridian on July 6, 1999, and submitted to the District on July 7, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 0 • �• Close the existing driveway on Cherry Lane. Replace the unused curb cut with standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. Utility street cuts in the new pavement are not allowed unless approved in writing-) the District. Contact Construction Services at 387-6280 (with file number) for details. 4• As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Direct lot or parcel .access to Cherry Lane is prohibited. Standard Reqdirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall snecifi ally identif � reconsidered and in hide a written explanation F �d[�quiremenr to b - --:—��«<��vhy such a-rP_gurement wo old r si.iit in a subs an ial hardship Qr inequity The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2• After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request fQrreconsiduatiQn shall SpQcifically fy each requirement rQ be rA •a a and , ude writto documentation of data that was not availabl m the Commis ion at the time of its Qrjainal decision >on. The request for reconsideration will be heard by the District Commission at the next regular meeting of the I Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5• The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Ni RZ99008-SLA Page 2 0 • Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in- force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is ;ranted pursuant to the law in effect at the time the change in use is sought. y No chance in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1. ACRD_ requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sinc ly, rry S e and Development Supervisor cc: Project file Lead agency M KZ99003. S L: A Pave 3 a2 0� � Q '-� C.) Lo I L6 ti n m -{ ; 1 9'j 9'T� D -{ I o ru 0 9j 9 �p D - v0 B) p w W LL;°t m CZ) ,Q v v `• �,�, O9v' o O c o 0 c 0 0 0 w 813872004 m C13 NN N g o 1.0 o. 1387200465 o'y O p�� 9 O ,� R13872001 0 cep Lc a 'a .o' `o cn M o S1�O1346a0-0 . N LO Lo co � °j NJ w H w .,r r m 'cn' Z wo ww f w •_;'. o .._.._ � o oma. � •;� .,''. OD m DEE FIEL M NOR a2 0� � Q '-� C.) Lo I L6 ti n m -{ ; 1 9'j 9'T� D -{ I o ru 0 9j 9 �p D - v0 B) p w W LL;°t m CZ) ,Q v v `• �,�, O9v' o O c o 0 c 0 0 0 w 813872004 m C13 NN N g o 1.0 o. 1387200465 o'y O p�� 9 O ,� R13872001 0 cep W z O N W z :J" m a CD w d m U- 0 O LO I: 0 N O O r CENTRAL CE RAL DISTRICT HEALTH DEPA ENT C DISTRICT Environmental Health Division HEALTH Return Boise DEPARTMENT �/ ❑ Eagle ezone Z CJ r7 —OCAc� _ ❑ Garden City Meridian on IV_nal Use # ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ I. We have No Objections to this Proposal. .j ❑ 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 ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: x ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store M Date: _�7 / y Z /S 5 Reviewed By: WHO 10,91 rd, rev. 7/97 Review Sheet July 13, 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83542 Re: RZ-99-008 Mike Gamblin Dear Commissioners: J i; L 15 19-99 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466.7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above referenced rezone. Sincerely, 4�4* - ` Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 62 building permit to Certificate of Occupancy, I think, was the main issue there of the staffs position and should be Certificate of Occupancy. Bird: I think – Gigray: I mean building permits. Bird: I think the recommendation by the staff was to go through the recommendations that was presented to us, if I'm right. Is that not right? Rountree: Mr. Bird, what's the intent to your motion, then? Bird: The staff's recommendations. Rountree: Okay. Does everybody understand that? You have a question. Roll -call vote. Mr. Anderson. Anderson: No. Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: Two in favor, one opposed, motion passes. MOTION CARRIED: ALL AYES 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS -1302 E. FIRST STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R -T TO R-4) BY CHARLES CRANE—LOCATED AT 3610 W. USTICK ROAD: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 1'5. PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 63 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL—LOCATED AT 2241 E. CLARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R -T TO C -G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC—SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) Rountree: For those of you who have been here all night listening to hearings, it's past 10:30, and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Council, we should continue those; is that correct? Anderson: To a date certain. Rountree:. To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, I believe that if you entertain a motion with regards to all the public hearings so long as you list the items on the agenda that you'd be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October 5t'. Rountree: Mr. Bentley. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 64 Bentley: Mr. President, I would move that we continue the public hearings for Items No. 13 through Item 20 until October 5th, 1999, and that is on the revised 9/20/99 agenda. Bird: Second. Rountree: Been moved and seconded to continue public hearings on .agenda Items No. 13, 14, 15, 16, 17, 18, 19 and 20 until our next regularly scheduled meeting October 5th Any discussion? All those in favor? MOTION CARRIED: ALL AYES Rountree: I'm sorry for that; because of the lateness of the evening we've got to move on. Everybody understand that it'll be October 5th? Okay. It'd be on the front of the agenda. We won't have another two-hour hearing between you and — Bentley: Table the rest? Rountree: Well, we can move on the rest if -- I mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND LUNA VISTA, INC. — BROADWAY AND 8T" STREET (951 W. PINE): (APPROVE) Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was submitted as No. 1 and No. 2. This area right here, the Hansens owned and they decided to combine these two plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: Any questions for Shari? Bird: I have none. Rountree: It doesn't appear that there is anybody here representing the applicants. Was Bob — okay. , He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. President. Meridian Planning a*Zoning Commission Special-Meetir August 31, 1999 Page 18 the past where someone will ask for an R-8 and they will give them an R-4 and they change their plans accordingly and they either say I don't want it or they come back with the appropriate plans before the City Council. At this point you can do the R-2 with no problem, in my opinion. Borup: As I understand then the applicant could either procede with that or appeal the recommendation. Rutherford: Well, I guess it would (inaudible) City Council and say you know I think the commission was wrong and here is what I would ask you to do and the City Council could act accordingly. Borup: As far as granting—I think as far as the variance, the City Council is the one who needs to address that anyway. Did that answer your question Commissioner? Barbeiro: Yes, thank you. With out any objections from the other Commissioner's, I move that we recommend to City Council that request for annexation and zoning by Charles Crane for 3610 W. Ustick Road from RT to R-4 be corrected and re -approved from RT to R-2, making note of the additional staff comments. De Weerd: Second. Borup: We have a motion and second. All in favor? MOTION CARRIED: ALL AYES ITEM NUMBER 4. PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: Borup: Steve are you doing this presentation? Siddoway: Mr. Chairman and Commissioner's. This application before you is a request to rezone a parcel of land from R-8 to L -O by Mike Gamblin. The parcel is highlighted in yellow here. It actually has two zoning designations on the same parcel. It is currently L -O along Cherry Lane as the drawing shows and R-8 behind it. This application would rezone the entire parcel to L -O. We would point out that Cherry Lane is designation as an entry way corridor in the Comprehensive Plan and have recommended that appropriate landscape setbacks be provided in the comments. The proposed use, which Mr. Gamblin can discuss in greater detail, is for professional offices on that parcel. We would recommend approval of this with the requirement that a development be required that incorporates the staff comments for regulating the development.as dated August 6, 1999. That's all I have. Borup: Any questions from the Commissioner's? Is Mr. Gamblin here this evening? Meridian Planning ar*oning Commission Special Meetinde August 31, 1999 Page 19 Gamblin: My name is Mike Gamblin. I live at 3208 N. Linda Vista Place in Boise. My telephone number is 322-5544. ; Borup: Have you had a chance to review the staff comments? Gamblin: I have and I have no objection to the staff comments or recommendations. Borup: And that's the short answer. Commissioner's have any questions for Mr. Gamblin? De Weerd: Do you have any response to ACHD comments? Gamblin: I have read through those. I agreement with those. I had a meeting with them and we ,discussed them. Anything in particular that you wanted to— De Weerd:I just wondered if your landscaping allowed for the ACHD requirements for Leisure Lane. Gamblin: It will at the time. I am coming forth with just a request for the rezone. I don't have a,development plan per say. I am not asking for anything other than the rezone. My understanding is at the time some one goes to develop the property, they will have to enter into,a plan in accordance with the city and ACRD. De Weerd: Did you provide the photo's. Gamblin: I did. De Weerd` Thank you. That was a very nice part of it. Borup: Anyone else at this point. Thank you Mr. Gamblin. Do we have anyone from the public who wish to stand and address concerning this application. Seeing none, Commissioner's. De Weerd: Mr. Chairman, I move we close the public,hearing. Barbeiro: Second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: Is there a request for a rezone as he stated development would-- This would be a straight rezone, so a development would be handled with on a staff basis, is that correct. This is not a conditional use permit. t 1� MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT: MIKE AMBLIN AGENDA ITEM NUMBER 15 REQUEST: REZONE OF .6 ACRE FROM R-$ TO GO COM AG COMMENTS ENCY CITY CLERK: `CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CCITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: - MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: p ., NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION:— IDAHO POWER: ; US WEST: �) J INTERMOUNTAIN GAS: BUREAU OF RECLAMATION:. OTHER:. of the C of Meridian. Ail'Materials presented at public meetings shall become Properly, Y I /� Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD �l C� HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 (208) 888-4433 - Fax (208) 8873, City Clerk Fax (208) 888-42 fr c � D PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 AUG 0 9 190 City of Meridian MEMORANDUM: City Clerk Office August 6, 1999 To: Planning & Zoning Commission, Mayor and City Co s From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner Re: Request for Rezone from R-8 to L -O by Mike Gamblin We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. The property is located on the northeast corner of the intersection of Cherry Lane and Leisure Lane. The front portion of the parcel, fronting on Cherry Lane is already zoned L -O. This application would rezone the remainder of the parcel from R-8 to L -O. 2. Cherry Lane is designated as an entryway corridor in the Meridian Comprehensive Plan. The site is designated as Existing Urban in the Meridian Comprehensive Plan. 3. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 4. The L -O zone does not permit retail stores, even as a conditional use. The applicant is requesting the L -O zone for a professional office, which would be a permitted use. 5. Although this application is for rezoning only, the following comments reflect additiorial ordinance requirements of which the Applicant needs to be aware. RZ-99-008 Gamblin.RZ.doc P&Z Commission/Mayor & Council August 6, 1999 Page 2 DEVELOPMENT REQUIREMENTS: 1. Off-street parking shall be provided in accordance with *Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping of driveways and parking lot shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A" drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. 'All site drainage shall be contained and disposed°of on-site. 4. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 7. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS 1. Provide site plan detailing parking, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 2. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. RZ-99-008 Gamblin.RZ.doc P&Z Commission/Mayor & Council August 6, 1999 Page 3 4F 3. Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note:, a draft landscape ordinance is currently being considered by the City. If the landscape ordinance is adopted prior to, application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 4. As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide landscape strip beyond required right-of-way adjacent to Cherry Lane. 5. A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 6. Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for occupancy. 7. Provide letter of approval from Ada. County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 8. Provide handicapped accessible parking spaces and associated'signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 9. All Uniform Codes need to be met. 10. Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 11. Applicant shall dedicate right-of-way for Leisure Lane and improve to ACHD standards. 12. The legal description submitted with this application for rezone appears to meet the requirements of the City of Meridian and State Tax Commission. 13.. 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. 14. 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 RZ-99-008 Gamblin.RZ.doc P&Z Commission/Mayor & Council August 6, 1999 Page 4 a L T 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. 15. 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. 16. 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. RZ-99-008 Gamblin.RZ.doc BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR Case No. RZ-99-008 REZONE of APPROXIMATELY ) .6 ACRES FOR PROPOSED OFFICE ) RECOMMENDATION TO CITY SPACE ) COUNCIL MII(_E_'GAMBLIN, ) Applicant ) ) 6v F ' d i d INTRODUCTION , h 4. The property is approximately 0.6 acres in size. The property is r generally located on the corner of Cherry Lane and Leisure Lane, in Meridian. 2. The owner of record of the subject.property is Mike Gamblin, of 3208 N. Linda Vista Place, Boise, Idaho. y3. The Applicant is:the owner of record. ` 4. The property is presently zohed as Medium Density Residential (R-8), and is a vacant field. L LF 5. The Applicant requests the property be rezoned to Limited Office (L -O). 6. The proposed site is surrounded by residential and commercial uses. mThe site is located -approximately 75 feet north of.the intersection of Cherry Lane and Leisure Lane. RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE -FROM R-8 TO L -O AT CHERRY LANE AND LEISURE LANE by MIKE GAMBLIN �y currently being considered by -the City. If the landscape ordinance 'is adopted prior to application for a Certificate of Zoning Compliance, the new ordinance will regulate the landscaping on the site. 1.12 As Cherry Lane is an entryway corridor, staff recommends a minimum 20 -foot -wide, landscape strip beyond required right-of-way adjacent to' Cherry Lane. 1.13 A 20 -foot wide minimum landscape buffer must be provided adjacent to all residential uses. 1.14 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and -provide a letter of approval from their office prior to applying for occupancy. 1.15 Provide letter -of approval from Ada County Highway District with submittal of site plan -prior to issuance of Certificate of Zoning Compliance. 1.16 Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 1.17 All Uniform Codes need to be met. 1.18 Signage plans will be subject to design review. City policy currently restricts signage along Cherry Lane to 72 square feet. 1.19 Applicant shall dedicate right-of-way for Leisure Lane and improve to ACHD standards. !- - 1.20 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. - L21 Applicant will be required to extend the stubs in Leisure 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 RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE, AND IEISURE LANE by 'MII(E GAMBLIN , E F 4; since Leisure Lane is private. Assessment fees for sewer and water service'° W will be determined during the building plan review process. f 1:22 Any existing domestic wells and/or septic systems within this project will' have to`be removed from their domestic service per City Ordinance. Wells maybe used for non domestic purposes such as landscape r irrigation. _ 1.23 All Off -Street Parldrig, Landscaping, Drainage, Lighting, Paving, and . Striping shall be in accordance with the standards set forth in 2-4-14 of the City, of Meridian Zoning and Development Ordinance. Adopt the Ada County Highway District's Recommendations as follows: 1.24 Applicant shall acquire a recorded cross access easement for use of the private road (Leisure Lane) for access -to the public streets prior to - issuance of a building permit (or, other required permits). , 1.25 The existing driveway on Cherry Lane will be closed, the. curb cut replaced with a standard curb, gutter and, 5 -.foot wide concrete sidewalk to match the,existing improvements. 1.26 Utility street cuts in the new pavement are riot allowed unless approved in writing by the District. Contact Construction Services -at 345-7667 (with file number) for details. F- 1.27 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this pafcel. a r 1.28 Direct -lot or parcel access to Cherry"Lane is prohibited.. f �ZAWorMAMeridian 15360M\Gamblin, Mike RZ\Rezone.Rec s + t RECOMMENDATION TO CITY COUNCIL - 5 REQUEST'FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE AND �. LEISURE LANE by MII(E GAMBLIN q v HUB OF TREASURE VALLEY is Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ,, CITY OF MERIDIAN PUBLIC 8 WOR 1 Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ��++��i` s� BUILDING DEPARTMENT \J % (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83164211)"i X99 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887=4813 O PLANNING AND ZONING EPRTMENT KEITH BIRD bfk pff�c D �8A88 533 City Cher CW9 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z iKEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, CIC _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE'DEPARTMENTJv CITY ATTORNEY iCITY 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 RECLAMATION(PRELIM & FINAL) YOUR CONCISE To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT `SEWER DEPARTMENT -�,BUILDING DEPARTMENT V IrIRE'DEPARTMffN77 POLICE DEPARTMENT _CITY ATTORN EY _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 RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: /- l0 -19 t r. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE -- _ LEGAL DEPARTMENT 2 , A Good Place to Live 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY (208) 887-2211 MERIDIAN; IDAHO 83642 RON ANDERSON "per � Phone (208) 888-4433 • Fax (208) 887-4813 '� )1 G AND ZONING `/ KEITH BIRD ARTMENT RR U,884-5533 JUL O 6 1999 'L'it,Y Of N10ridian ct ettrk i)fjcc e - 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT `SEWER DEPARTMENT -�,BUILDING DEPARTMENT V IrIRE'DEPARTMffN77 POLICE DEPARTMENT _CITY ATTORN EY _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 RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: /- l0 -19 HUB OF TREASURE VALLEY Mayor HUB DEPARTMENT ROBERT D. CORRIE 0 A Good Place to Live (208) 881-4261 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT ( GLENN BENTLEY MERIDIAN, IDAHO 83642 +,CE(208) 887-2211 RON ANDERSON Phone (208) 888-4433 •Fax (208) 887-4813 PLA[dtatdl�G AND ZONING KEITH BIRD J U L o DEPARTMENT EN U 9 199808)884-5533 City Of Meridian. City Clerk Office 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE 017.6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER RTMENT _SEWER DDE _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 RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: ///y Z0�_:r RECEIVED J U L 0 7 1-299 hleridian City Water Superintendent Ada Cot1n11j,_,.,Jqia4tU, 0 ,2)i.jt,ict Sherry R. Huber, President e Stret 318 East 37th Judy Peavey -Derr, Vice President Garden City, Idaho 83114-6499h Street Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail.- telluj@achd.acla.id.us August 4, 1999 Mike Gamblin 3208 Linda Vista Place Boise, ID 83704 Re: Staff Level Approval MRZ99-008 Facts and Findings: Cherry Lane/Leisure Lane REcEIVEI) AUG 10 1999 CITY OF MERIDIAN Rezone R-8 to L -O A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from R-8 to L -O. The 0.6 -acre site is located approximately 75 -feet north of Cherry Lane. The applicant also owns the property on the northeast corner of Cherry Lane and Leisure Lane that is currently zoned L -O, and will be submitting a development application in the future for both properties. This development is estimated to generate 100 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on July 6, 1999, and submitted to the District on July 7, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Acquire a recorded cross access easement for use of the private road (Leisure Lane) for access to the public streets prior to issuance of a building permit (or other required permits). 2. Close the existing driveway on Cherry Lane. Replace the unused curb cut with standard curb, gutter and 5 -foot wide concrete sidewalk to match the existing improvements. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file number) for details. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on fixture development of this parcel. Direct lot or parcel access to Cherry Lane is prohibited. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request hall specifically identifycach req ,irement to be reconsidered and incl ud a written ex lanation of why such a requirement would result in a s-!b_stantial hardship or inc4 it The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for r .consid ration shall specifically identify ea h requirement to be reconsidered and include wri ten dncumentat,Q f data that w mmission at the time of its.Qriginal decision- The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3• Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. M RZ99008. S LA Page 2 r 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the'applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirniation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. and Development Supervisor cc: Project file Lead agency NI RZ99008. S LSA Paae 3 zr 'N'� Q •0 'O ut, Ql �. Q. O 0, Cll` rte• p .. si-P,o-3arjaon G L C ca D cn Lo �' w Cil Cil H W `v d o W, w w o 0 0 o p M z > DEE �FIEL M NOR 0200 L6 N n m -� N ti 9>> 9T> 9�> 9j> 0� X65 `d > -{ ( o0 j IN ru `. ti �� (71 0 L..► L E W i„► Q1,cJO m v '•� X13 O9v� O Opa O c 90 ••, � N -W '1"OT-r—S" 1v m R13872004 I v F.. 'N N o. ,9 8 N o e ^ N ' ��O o, t 13872004 9> 9 X00 r� N � R13872001 0 %0q W z O N W i i z J m a CD w C' 0 • 3AV Hl£6 'M 'N W, O 3NVl Minsi3l LU z ce LU U 0 0 0 0 N 0 0 Meridian Planning an August 31, 1999 oning Commission Special Meeting_-) Page 19 Gamblin: My name is Mike Gamblin. I live at 3208 N. Linda Vista Place in Boise. My telephone number is 322-5544. Borup: Have you had a chance to review the staff comments? Gamblin: I have and I have no objection to the staff comments or recommendations. Borup: And that's the short answer. Commissioner's have any questions for Mr. Gamblin? De Weerd: Do you have any response to ACHD comments? Gamblin: I have read through those. I agreement with those. I had a meeting with them and we discussed them. Anything in particular that you wanted to— De Weerd: I just wondered if your landscaping allowed for the ACHD requirernents for Leisure Lane. Gamblin: It will at the time. I am coming forth with just a request for the rezone. I don't have a development plan per say. I am not asking for anything other than the rezone. My understanding is at the time some one goes to develop the property, they will have to enter into a plan in accordance with the city and ACHD. De Weerd: Did you provide the photo's. Gamblin: I did. De Weerd: Thank you. That was a very nice part of it. Borup: Anyone else at this point. Thank you Mr. Gamblin. Do we have anyone from the public who wish to stand and address concerning this application. Seeing none, Commissioner's. De Weerd: Mr. Chairman, I move we close the public hearing. Barbeiro: Second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: Is there a request for a rezone as he stated development would-- This would be a straight rezone, so a development would be handled with on a staff basis, is that correct. This is not a conditional use permit. Meridian Planning an*oning Commission Special Meetins August 31, 1999 Page 20 a ;Rutherford: Yeah, assuming that professional offices are proposed on the site (inaudible) in the yellow zone we'd handle it with (inaudible). Borup: Thank you.. De Weerd: Mr. Chairman, I move that we recommend approval for the rezone of .6 acres from R-8 to L -O on Cherry Lane and Leisure Lane to incorporate all staff comments. . Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES: ITEM NUMBER 5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL—LOCATED AT 2241 E. CLARENE STREET: Borup: Brad. De Weerd: Brad, do we have any pictures on this one? Hawkins: We have an architectural rendering for you. Commissioner's this is a request for a conditional use permit to increase the number of children. She currently has a accessory use permit. The location is Dove Meadows Subdivision. Currently has a AUP for family daycare, 1 to 5 children. The ordinance requires a conditional use permit for 6-12 children and she, is proposing to increase the number -of kids at her daycare to a group. child care home status. That could be 6-12 kids. We do ask that you incorporate staff comments -from August 11tH Borup: Thank you. Any questions for Brad. Hawkins: This is the area and floor plan of the house and the principal area for daycare would be the highlighted room there. Borup: Thank you. Is the applicant here this evening. Purcell: That is me and I have never done this before so I am really nervous. My name is Kathy Purcell. I live at 2241 E. Clarene. Borup: Have you had a chance to review the staff comments? Purcell: I just got them today. Briefly. Borup: You just got them today? 7. The subject property is within the. city limits of the City of Meridian. 8.1 The entire parcel of the property is included within the Meridian Urban Service Planning Area as -the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant propdses to develop the subject property in the following . p mariner: by.construction and development of a professional office, building. 10.' The Applicant's requested rezoning'of the subject�real property as Limited Office (L -O) is consistent with the designation on the Meridian Comprehensive Plan Generalized -Land Use Map which designates the subject property as Existing Urban and designates Cherry Lane as an. entryway corridor. 11. There are no significant or scenic features of 'major importance that affect the consideration of this application. q t RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested' . t by the Applicant for the property described in the application. R Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping of driveways and parking lot shall be in accordance r- RECOMMENDATION TO CITY COUNCIL - 2 - REQUEST FOR REZONE FROM R-8 TO L -O AT CHERRY LANE AND LEISURE LANE by MH(E GAMBLIN with the standards set forth in -Sections 1 1-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed_ by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Any existing irrigation/drainage ditches crossing "the.property to be included in fhis project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be' shown,on the site plans. Plans will need to be approved.by,the appropriate irrigation/drainage district, or lateral -users association, with written confirmation of said approval submitted to the Public Works Department. 21'.5 Outside lighting shall be designed and placed so -as not to direct illumination, on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. F 4.6 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.7 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. s 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. E 1.9 Provide'site .plan detailing parling, landscaping, trash enclosures, etc., for review to ensure zoning compliance prior to applying for Certificate of Occupancy. 1.10 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.11 'Provide calculation of asphalt area with future site plans. A minimum of one (1) three-inch' (3") caliper tree per 1,500 square feet of asphalt are required per current Ordinance. Note: a draft landscape ordinance is RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - FROM R-8 TO L -O AT CHERRY LANE AND LEISURE LANE by MIKE GAMBLIN y low CENTRAL CENTRAL DISTRICT HEALTH DEPART ENT •• DISTRICT Environmental Health Division e 'R H EA LT H Return to: r " $ ❑ Boise DEPARTMENT F] Eagle ❑ Garden City -� ��Meridian on Itlonal ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ .a I. We have No Objections to this Proposal. J U L 1� 6 9999 ❑r 2. We recommend Denial of this Proposal. y CITY OV VIERII]IM ❑ 3.. Specific knowledge as to the exact type of use must be provided before we can comment'on this Proposal. ❑ 4.W 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 ❑ waste flow characteristics ❑ or bedrock from original gradeµ 4 ❑ other ❑ 6. This office will- equire a study to assess the impact of nutrients and pathogens to receivingground waters and/or surface waters. _ ti S A ❑ 7. ' This project shall be reviewed by the Idaho' Department of Water Resources concerning well construction and water availability. ' F ❑„`8. After written approval from appropriate entities are submitted', we can approve this proposal for: - , ❑' central sewage ❑ community sewage system ❑ community water well i ❑ interim sewage ❑ -central water ' ❑ individual sewage ❑ individual water ❑ 9. 'The following plan(s) must be submitted to and approved by the Idaho Department of.Health & Welfare, ' Division of Environmental Quality: k. i ❑ central sewage Elcommunity sewage system Elcommunity water ❑ sewage dry'lines ❑ central water ❑ 10. Run-off is not to create'a'mosquito breeding problem. ❑ 11. a. This Department would' recommend deferral until high seasonal ground water can be determined if other ' - considerations indicate approval. t ❑ 12. If restroom facilities are to be installed, then a,'sewage system MUST be installed to meet Idaho State Sewage Regulations. A' e 0 13. 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 ❑ 14. + Date: �7_/ /2— /554 t Q Reviewed By:�� k , - F a + r Review Sheet. WHO I0191 rch, rt,.,/9, a » w T 0 �✓ J U L 15 1999 'UVJ CITY OF NIERIDM ' ORGANIZED 1904 mere • •aa l . •aw v• • July 13, 1999 Will Berg City Clerk City of Meridian 33 East Idaho\ Meridian, ID 8364 Re: RZ-99-008 Mike Gamblin Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above referenced rezone. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 To: Mayor & City Council From: Steve Siddoway, Assistant Planner 'V'7 .R pct SEP - X� � Cit Q 19995' Cl t'y Of ko O i, p LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 September 20, 1999 Re: Recommendation to City Council in the matter of the request for -Rezone of .6 acres for proposed office space by Mike Gamblin. Case No. RZ-99-008. I have reviewed the Recommendation to City Council for this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Item 1.9, page 3 should be revised to say "prior to applying for a Building Permit." (Not `prior to a Certificate of Occupancy', as currently written.) MERIDIAN 'PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: MIKE GAMBLIN ITEM NUMBER: 4 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O — CHERRY LANE AND LEISURE LANE AGENCY COMMENTS CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members c OF MERIDIAN E CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON J U L U 6 199kone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD CITY OF INIERIDIAN PLANNING & ZONING LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: RZ-99-008 REQUEST: REZONE OF .6 ACRE FROM R-8 TO L -O BY: MIKE GAMBLIN LOCATION OF PROPERTY OR PROJECT: CHERRY LANE AND LEISURE LANE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, 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 RECLAMATION (PRELIM & FINAL) R CONCISE R CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 8874813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: JUN 3 0 Lmg CITY "T' 'IERIDIAN PL A7�N 6 a Z I'tif GENERAL LOCATION: l ffu-y 4- �f'o tJR-L �L.. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): 1C LS ib f,,1 -rt f12 F-cZoNf. ip ACRES OF LAND IN PROPOSED , PRESENT LAND USE: ko PO i�"r 1 �7�% , R- S V A2 A! r u D T- -(J S F.� PROPOSED LAND USE: �L uo 0 1-. R - $ TD � -D PRESENT ZONING DISTRICT: '► " PROPOSED ZONING DISTRICT: I -C) APPLICANT: � I IC `L- C? A JR 15 I J PHONE: 37- 2,- sSgq ADDRESS: LUB %i. --lug VIST-Pr Pl-. bolsi., IV). 9370� ENGINEER, SURVEYOR, OR PLANNER: LS I P,50r-! PHONE: 3j(-01 ^ Z (F, ADDRESS: OWNER(S) OF RECORD: (I IK i (�'� 1�J G J n1 PHONE: 3 ZZ -,SS ADDRESS: 3ZOS 1j • I -I i 6A dIS T A N--, i6oj-St . 3'�. gS704 Signature of Applicant Rezone application 1209 W. Cherry Lane Mike Gamblin 1. Michael L. Gamblin 3208 N. Linda Vista P1. Boise, ID 83704 (208) 322-5544 2. Applicant is titled owner, copy of deed attached. 3. Notarized request for rezone attached 4. Copy of signed and stamped legal description attached. 5. Present land use is a vacant field contiguous and directly behind house converted to office space. 6. Proposed use would be for a professional office to be constructed on the site. 7. Present zoning is R-8. 8. Proposed zoning is L -O. 9. See attached 10. See attached 11. See attached 12. See attached 13. See attached 14. See attached 15. Paid 16. See attached 17. See attached THIS FOP'.I FU"ISHED COURTESY OF: STEWART TITLE READ & APPROVED BY GRANTEE(S): ,\b 6800 FOR VALUE RECEIVED wife '95 Ila 28 �"'i 2 '13 (o•dO —� G F SPACE ABOVETI#(S-64 EFOR RECOR-DBVG'BATA r Order No.: 94051607 DR WARRANTY DEED EDSON A. FUJII and PATRICIA A. FUJII, husband and GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto MICHAEL L. GAMBLIN and MICHELE B. GAMBLIN, husband and wife GRANTEE(S), whose current address is: 1927 SE 5TH WAY, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 27, 1995 EDSON A. FUJII STATE OF IDAHO ) COUNTY OF ADA ) .��74 PATRICIA A. FUJII On this 28th day of March , in the year of 1995 , before me, the undersigned, a Notary Public in and for said State, personally appeared Edson A. Fuj ii and Patricia A. Fuj ii known or identified acknowledged to me whose name(s) is/are subscribed to the within instrument, and :same. Signature: 1f2 Name: DOROTHY J. ARACE Orae - ars) Residing at: BOISE, IDAHO Commission Expires: 01/27/97 ORDER NO. 94051607 DR EXHIBIT "A" PARCEL I That portion of the West one-half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise -Meridian, Ada County Idaho, more particularly described as follows: Beginning 280 feet West of the Southeast corner of the West one-half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise -Meridian; thence North 330 feet; thence West 120 feet; thence South 330 feet; thence East 120 feet to the PLACE OF BEGINNING. EXCEPT the North 15 feet of the South 40 feet conveyed to Ada County Highway District for public right-of-way by deed recorded under Instrument No. 7704517. PARCEL II A portion of the following described property: An Easement for Ingress, Egress, and Utilities, located in the!Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; more particularly described as follows: COMMENCING at the Southwest corner of the West Half of the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence East 220.36 feet to the REAL POINT OF BEGINNING; thence North 00 degrees 07' West 476.41 feet to a point; thence North 19 degrees 23' East 394.24 feet to a point; thence North 00 degrees 07' West 105.78 feet to a point on a curve; thence curve right on a curve whose radius is 37.50 feet, whose central angle is 32 degrees 2912011, whose long chord bears North 39 degrees 49120" West 20.98 feet to a point; thence West 180.06 feet to a point of curve; thence curve right on a curve whose radius is 37.50 feet, whose central angle is 312 degrees 501401, and whose long chord bears North 30.00 feet; thence East 180.06 feet to a point on a curve; thence curve right on a curve whose radius is 37.50 feet, show central angle is 212 degrees 15120". whose long chord bears South 50 degrees 25140" East 72.05 feet; thence South 00 degrees 07' East 113.00 feet to a point; thence South 19 degrees 23' West 394.24 feet to a point; thence South 00 degrees 07' East 469.27 feet to a point; thence West 42.00 feet to the REAL POINT OF BEGINNING. Said portion more particularly shown in yellow on Exhibit "Al' attached hereto and made a part hereof. 3. Notarized request from titled owner June 22, 1999 City of Meridian, We do hereby provide this letter, witnessed before a notary, as proof that we agree with the rezone request to Limited Office for the parcel immediately behind 1209 W. Cherry Lane in Meridian, Idaho. Mike Gamblin Owner & C,/� OC44�� Michele Gamblin Owner ACKNOWLEDGEMENT f Individual STATE OF `-� v (/<J Countyof ss. On this y in the year of beforewue, the undEdsivned 1 known or ide subscribed to exccutrd the, 400-t 1/85 R-F70NE BOUNDARY DESCRIPTION FOR MIKE GAMBLIN - STERLING PROPERTIES Parcel 2 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 l; THENCE North, 120 feet to the REAL POINT OF BEGINNING; THENCE North, 210 feet; THENCE West, 120 feet; Tri Ey C E South, 210 feet; THENCE East, 120 feet to the REAL POINT OF BEGINNING. This description is provided for the limited purpose of meeting the re rnish a description of the property subject to a zone change request. The _ c _ tri n a deed description and does not reflect the result of an actual survey. p F OF �qI D) �a� 9. Characteristics that make this rezone desirable. The request, if granted, who allow for the development of the entire parcel at 1209 W. Cherry Lane into a new and professional office structure and enhance the look of the Cherry Lane corridor and the entrance to the Leisure Lane subdivision. Additionally, development would remove undesirable structures from the site and add street improvements to Leisure Lane adjacent to subject property. The rezone would remove a dual zoning to one parcel. 10. Harmony with adjacent development Properties on Cherry Lane have been converted to commercial/office for some time. Property immediately on either side of the subject along Cherry Lane are L -O, The new library is 2 doors to the west. What is actually inconsistent with a Cherry Lane property is a continued residential zoning. Subject rezone would match a similar development 2 doors to the east in the dental office there. We would be willing to enter a development agreement to ensure the issues important to the city are met. 11. Relation to City of Meridian Comprehensive Plan. The current comprehensive plans states that Cherry Lane is a "Gateway" into the city. As such the plan encourages clustered, landscaped business developments but not strip developments. The plan also encourages commercial and retail along established major arterioles, of which Cherry Lane is defined. The current site could be improved by a professionally designed office building and improve the look of one of our "Gateways". An qu coft vq% •s 0 2 m a R? N (31 , .. 40) , LJ'ry 0 u0. o cn, AM ` 51 0134680n 'm w w Hw m rn rrn rn ,�, �. • c i Lu cI o �_ 0 0 0 0 0 0 ar M �- DEE FIEL MANOR O Z D cO I ❑ L6 ti� ru G� ❑ I v J 9j' '9T j 'A�� 9, j� D I 0 0 ru o Z 70 , LL) m 00 v v v •, •, �•l� 9" o No 0 • o Pi S'O N -W ^TOTH— S_ _ 3 V w 'R13872004 ( m m N m 6j � W 13872004 Q <?O02' > Q 9 N 10O to 919 R 13872001 0cn �O[� Bto! W Z O N W �E: F- U H U) O r E *EJAV HIE 6 'M 'N -t- ENVI :mnsl3l w z J } w U 0 0 0 0 M 0 0 N 0 0 P O 16. Affidavit to post notice June 22, 1999 City of Meridian, I do hereby agree to post, in a visible location on the subject property, a legal notice of this hearing no later than seven days prior to the public hearing. ike Gamblin Applicant 17. Affidavit from applicant June 22, 1999 City of Meridian, I do hereby attest that I have read and prepared these contents and verify that the information contained herein is true and correct. Applicant Conceptuals for 1209 W. Cherry Lane a o W } Y y� L7 k� c. 4qaue� II I o I I I n I J - I I I Jl'TIT � aI I til () I Y I I O •i I I d I ' I I I I I I I I ' � 1 o I v I m m o p I I m I ) J N I Z3 CD M W c b I co I I I cu I I I I I I I I I o I N I p I Or I I y I ' 0 I a I I I I o I , I N J I .a-,ozi .0—,06 ,0—,OL 0 a C7 aoo i O � � 6 g OtnN myy N o d B W ul z 4 uj w m rn w 120, CHERRY LANE SCHEMATIC SITE PLAN LAYOUT JAMES GIPSON ASSOCIATES architecture • planning P.O. Box 219 38 North First Street, Eagle, Idaho 83616 phone (208) 939-0236 ^ �..— • , .... / a �F w � °a� Ic it 8 8 �� • , 1.r � /4� I1� � � i ^3!- � � _.� �� f i �i_n .JL L _i _17. _i _i' ` 6 ~ i I �, t F •.'3.� /'-� € * a ._ YY�1f a_....... { •-- -- - - -:, Issas 1K. ........ - S I reKLK smw.K/e » VVV F k F - I I � • • � I • 1 ^I { 1 � ' �I [ is t Y ' ee11YLW pcNKKI I R ..446 « 8 8 d.' 1 WWI* 4� �'1 ^ 1100i1K1Y I I Ftl a a I . � ' i10m.lW pltmi/KIY ! R 1m[(KI�., / t « _ floffiY x I ^ foei/K IY iwgtK1Y r .� ,Z Of I i Nmotuuwr 8 F 1 - TFT-2= __-- --«-- cioaN.LW. « X a Y1...afY I I cmegaW j �..• 8 8 S 8 � 8 � ,4 `4i. a'' �... ( i � 1 ! 1 � s', i !- _ � � � —t RIS I, 1 y •w. + •. •. VS- R R ' efl. H AiVi Q'I iIQ ................_....._ «�, .--1Rr •�— T:..-�14r=T.s i It x 1 R ?.a 8 I aiYY/Na Yl Q Isw O�' ' Q I:V..F9 ...•nsr� " 4 3 `7. ' F�y II I 1 - I :t i :11a1.1 1 11NKIKIf gNKI 1 I.aW� GYNKIKIf 1£ ^ s it- T� e at st cc -- $ « 1 Z beuey M.� 111RNIY 11Re1 1 �aC Li1ti / ! • '^iiyN, !g, Zia a a .._. 1 11 I I YIlmM11Y ' - — J" f. w S 1 e f .N ...— _. ti A. 1 y � ✓ masf{1 lmKmu . --3pyAt11F— n 1 181s "s s s "s a II 'ilk ht L.� «f�p I � KKtWKY- ` / r../ra.. I ; p• .«a.a, I I1 „-atlr.: rt.;.... 1 I ,. '1elc �L%,•^—~_� n \ � KK,.fKY ,1,� Y 1 �' 1 . ' � C Z � I 1 Nm.. 4e 1( 17 1 a g_ j i" ? f S � •i I I S L [ -T. lolGisfa ^ 4 7 I I 'Ii FG i _ _- V mmaicicY� i y CO Namu 1 i mg. ' i "N 1 etleRecla Ki111 1 I tuixR� $ RN Rm 'a I lraciG[.t1 �: 1 Cc MIAMI,_-- 1' [MI I m/1RN1« iiatKY KiaictRY 1 - ---,'1 a ..... 1� N tae ^ o=mai[iRY I ' G.MIA K 1 I .'- IaaaaYl- I ,• _ /- _ icm< 8s a G 7 Z F[ ORMAY llaicnc9 Iit v^,m/tt Y I�iI _ -i �l - - ` _ i S 1 - � I ►71' Vr W -'�! �r w R - ' « a I •_ .. ._....... ,z:.'/ Y �e+w • A/ .� . � I . � .a-.a l../ III . wi4Y 1 �. _ 300 Fit I" 0 0 cro CD CD 0 0 C7CD CD r 0 CD 0 0 n CD r CD I 0 0 cr4 a 0 r CD. CD r CD �A 0 O