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Sciscoe, Mike & Cynthia VAR RZ
OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.,Attorney ,--~ ''~ HUB OF TREASURE VALLEY - COUNCILMEMBERS A GOOd PIaCe LO L1Ve RONALD R. TOLSMA RIDIAN M MAX YERRINGTON E CITY OF WALTW MORROW 33 EAST IDAHO SHARI STILES Planner & Zoning Administrator MERIDIAN, IDAHO 83642 JiM JOHNSON Phone (208) 888433 ~ FAX (208) 887-4813 Chairman - Planning d Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ' Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS W NTH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: A ril 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Variance Request BY: Mike and C nthia Sciscoe LOCATION OF PROPERTY OR PROJECT: 2210 N Meridian Road, portion of Lots 3 8~ 4 of J.E. Pfost's Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORR1E, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLp,MATION(PRELIM 8~ FINAL PLAT) ~_CITY FILES OTHER: YOUR CONCISE REMARKS: ~~ - ~ # r~ /'~ CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 (RE: NAME : ~' I ~ ~~ f VARIANCE APPLICATION Meridian Zoning Ordinance) FHONE (Owner or h lder of valid option) ADDRESS : gala N /11~~~d'a,- ~a~~ GENERAL LOCATION:~D~f ~n O~ll~/S 3 f - ~T ~~ '7U~S ~~~V~~~D LEGAL DESCRIPTION OF PROPERTY: S~PP ~ ~~~ PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION ' ~~~ e~~d C'~' VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE : Uri /'~'~/~C.e f~ ~I h~ ~~" ~~~/~i~C~ .SIGNATURE: ~ ` CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By n F.XEIBIT "A" AZTACIiED gERETO AND I+1ADE A PART HEREOF TtfAT CERTAIN DEED OF TRUST DATED n~CBIKBER 7,.1993. PLEASE INITIAL A PORTION OF LOTS 3 AND 4 OF J.E. PFOST'S SUDSIOF ADAM C UNTY`NDAHOTDE C BED AS OF, FILED IN BOOK 4 OF PLATS AT PAGE 147, RECOR FOLLOWS: OMMENCiNG AT THE SECTION CORNER COMMON TO R NGEN WESO, 80 SE MERID ANORTH, RANGE C 1 EAST, AND SECTIONS 1 AND 12, TOWNSHIP 3 NORT , HENCE NORTH 00 DEGREE 25' 30" WEST A DISTANCE OFA2o41.22 FEET TO A POINT ON THE SECTION T L{NE AND ON THE CENTERLINE OF NORTH MERIDIAN, R , HENCE NORTH 89 DEGREES 34' 30" EAST A DISTANCE A D NORTH MER D AN ROADH STEEL PIN WITH T A PLASTIC CAP ON THE EASTERLY RIGHT OF WAY OF ENCE SOUTH 00 DEGREE 25' 30" EAST A DISTANCE O E REAL POINT O NBEGINNINGTERLY RIGHT OF TH WAY OF NORTH MERIDIAN ROAD, SAID POINT BEING T CE SOUTH 89 DEGREES 43' 18" EAST A DISTANCE OF 135.02 FEET TO A i /2 INCH STEEL PIN WITH THEN A PLASTIC CAP, ENCE SOUTH 00 DEGREE 53' 00" EAST A DISTANCE OF 131.03 FEET TO A 1 /2 INCH STEEL PIN WIT TH A PLASTIC CAP, HENCE SOUTH 89 DEGREES 28' 27" WEST A DISTANC F WAY OF NORTH MERIDIAN ROAD,EEL Pt T WITH A PLASTIC CAP ON THE SAiO EASTERLY RIGHT OK F OF SURVEYS AT PAGE 824, AS 133.00 ENCE NORTH 00 DEGREE 25' 30" WEST A DISTANC 90N BO.00 FEET (SHOWN ON RECORD OF TH SURVEY RECORDED UNDER INSTRUMENT N0.842 ALONG SAID EASTERLY RIGHT OF WAY OF NORTH MERIDIAN ROAD TO THE REAL POINT O FEET) BEGINNING. ~ ' I+e~FRi D 1A~11I ~- ~ R ~I BLUE HERON LANE _ _. ~ ~ I ' /1 \\ IU1MM71~ I \ I J.B. PFOST'S~- """"" ~ , / .,.~. ~ ",-. m~wwn I \~ I \~ ~ •', ~~~ SIIBDIVISION ~ \~~ x ~\ ~. $r~d eWoo~ ~Ck ~"ti,s S Pro foseo~ i ~\ ~~,~ ~ ~\ ,~~ \ . . t - q„, oR~~ • ~ m i i m „~„t,,, r '{ W 2 Z mum way Z • '~ -\ 1 I \ I ~, r~~E ~ sT REf T nsurs~ ~ , ` - .. _~ mrwrw - . wwww = _ ~ ~~ , * ~ ~ ~ ~ ~ snwww ~ e ~ ~--- r 1Z 7 , - - ,--- ~ ~ ~ W IJ' I ,"~ MERIDIAN CITY COUNCIL MEETING: April 19. 1994 APPLICANT: MIKE AND CYNTHIA SCISCOE AGENDA ITEM NUMBER: 16 REQUEST: PUBLIC HEARING: VARIANCE REQUEST AGEN Y CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: ~ ~ ~ ~-~~rM C3 CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: G~4~-~ ~ ~ f ~ ~ H NAMPA MERIDIAN IRRIGATION: ~~a yli~/9Y SETTLERS fRRiGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ~~ ~~~~ ~~; ~~~ ~~.~ ~ r~ BEFORE THE CITY COUNCIL C~Oo p~ OF THE CITY OF MERIDIAN APPLICATION OF MICHAEL & CYNTHIA SCISCOE AND DORADO DEVELOPMENT FOR A VARIANCE TO ALLOW RESIDENCE ON PROPOSED COMMERCIAL ZONE PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for. consideration on April 19, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33-East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for April 19, 1994, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the April 19, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 3,00 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW~SCISCOE - Page 1 r-~ 3. That the Applicants, Michael and Cynthia Sciscoe, on behalf of themselves and. Dorado Development, submitted an application to rezone .95 of an acre owned by Dorado Development from R-40, which the property is now zoned, to General Retail ,and Service Commercial (C-G); the property in question is generally located south of Blue Heron Lane and East of Meridian Road; that there. is an existing residence on the property that has been lived in for many years, and a garage; that the Sciscoes desired that the residence be used as a residence but they also desired to establish a retail book store, a cabinetry shop and a furniture business on the property also. 4. That it was concluded in the Findings of Fact and Conclusions of Law on the rezone application that the property should be individually zoned to allow the desired uses; that to so zone for individual uses was then determined to be unworkable because the Bulk and Coverage.Controls, Section 11-2-419 A, did not allow the existing buildings to be zoned differently and still meet the. setback requirements required for each zone; that any violation of the setback requirements would be on the property owned by the Sciscoes and relate to structures that they own themselves or which they might place on the property; that had the property been rezoned to allow each specific use and still have the setback requirements met it would have been preferable to do that. 5. That Dorado Development desires to use their portion of the property to construct offices which are permitted in the CC zone. PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 2 ••. 6. That it was determined that the proper zone for the property would be Community. Business District (C-C); that- such a zone would allow the uses desired by the Sciscoes and Dorado Development but would .not allow the property to be used fob a residence since residences are not an allowed use the commercial zones. 7. That the Sciscoes believed that they might be able to apply for a variance to allow them td live in the home that had existed on the property for a long time and that is why they applied for this variance. 8. That had the previous owner of the house been the applicant for a rezone to have the property able to be used for a bookstore, furniture. store and cabinetry shop, they could have continued. to use the house as a residence under grandfather rights; such a previous owner, however, could not have transferred the grandfather rights to the Sciscoes or any other purchaser. 9. That the property to the north is used.for residence; that the property to the east is zoned R-40, which is a high density residential zone. 10. That the Meridian Comprehensive plan shows the area in which the property is located to be a Mixed/Planned Use Area; that the Meridian Comprehensive Plan, at page 28, states in 5.17U as follows: "A variety of coordinated, planned. and compatible land-uses are desirable for this area, including low-to-high density residential, office, light. industrial and commercial land uses." 11.-.That General Planned Residential planned unit developments are allowed as a conditional use in the CC District PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 3 ~ n under the Meridian Zoning Ordinance, thus allowing residence in the CC district under a conditional use. 12. That the City Engineer, Ada County Highway District, Nampa & Meridian Irrigation .District, Central. District Health Department, and other governmental agencies may submit comments and they shall be incorporated herein if submitted. 13. That these Findings of Fact and Conclusions of Law have. been prepared prior to the public. hearing and may have to be amended as a result of testimony and evidence received at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the. mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. . 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 4 5. That it is concluded that the special condition which makes this variance acceptable is that found in Paragraph 5 of the Findings of Fact that had the property been rezoned to allow each specific use and still .have the setback requirements met it would have been preferable to do that; that had the setback requirements been able to be met if the property were zoned to meet the requirements of each use, the Applicants could have used the house for a residence; it is therefore not• unreasonable to allow the Applicants to use the house for a residence even though the property is zoned CC. 6. That the following provision of Section 11-2-419 A, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A. "The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions,, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non- conforming use of lands, structures or buildings in other districts shall be considered grounds .for issuance of a variance. Variances shall be granted only where strict application of the .provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council." ~7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW~SCISCOE - Page 5 ~ ~"~ 11-2-419 C. FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless- all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self- inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 8. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the requirement that there be no residential use in commercial zones would clearly be unreasonable since the only reason that the property could not be individually zoned to allow each use is the fact that the yard setback requirements would have to be met for each individual zone and they cannot be when zoned for the individual uses. b. That strict compliance with the requirement that there be no residential use in commercial zones would result in extraordinary hardship to the applicants as a result of factors not self-inflicted. c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW~SCISCOE - Page 6 /'~ other property in the area in which the property is situated. d. That such variance would not .have 'the effect of altering the interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact .and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN MORROW COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) APPROVED : __~~~ VOTED VOTED VOTED VOTED VOTED DISAPPROVED: DECISION It is hereby decided that the variance to allow the use of the home for a residence, even though located in the Community Business District, is hereby granted. PRELIMINARY FINDINGS OF FACT & CONCLUSIONS OF LAW\SCISCOE - Page 7 n ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer ROBERT D. CORRIE CITY OF MERIDIAN MAXYERRINGTON MORROW T W GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO . WAI SHARI STILES t i i t JOHN T. SHAWCROFT, Waste Waler Supt. Fire Chief BOWERS KENNY W IDAHO 83042 MERIDIAN ra or n s Planner 8 Zoning Adm , . W.L. "BILL" GORDON, Police Chief , Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON n -Planning 8 Zoning ~] WAYNEG.CROOKSTON,JR.,Attorney Public Works/Building Department (208) 887-2211 ~~~~~ li.~ ^ t; !f LiJ GRANT P.KINGSFORD App o C SA~/, I"" [[~~ U tJ `i Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: A ril 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Variance Request - BY: Mike and C nthia Sciscoe LOCATION OF PROPERTY OR PROJECT: 2210 N Meridian Road, portion of Lots 3 ~ 4 of J.E. Pfost's Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RE~AMATION(PRELIM FINAL PLAT) CITY FILES ~ ) r ~ ~ J , YOUR CONCISE r.. OFFICIALS COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAX YERRINGTON JANICE L. GASS, City Treasurer ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. p oning Administrator KENNYW.BOWERS,FireChief MERIDIAN, IDAH083642 ~ ~~~•~~~ W.L. "BILL" GORDON, Police Chief - IM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 ~P~ Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 1.7 1 1 ~~~4 GRANT P. K-NGSFORD ~+3 w + ~+ y ~. ~. ~s 's ~• Mayor L1 ~ ~ 'yf~ P d~Sx~Y,s~/~.~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Variance Request BY: Mike and Cynthia Sciscoe LOCATION OF PROPERTY OR PROJECT: 2210 N Meridian Road, portion of Lots 3 8~ 4 of J.E. Pfost's Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER HUB OF TREASURE VALLEY A Good Place to Live 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(PRELlM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: '- l ~- YOUR CONCISE REMARKS: ~ ~ .~ ~ cE. /'t ~ ~~~a w..~ ~r ~ /'~ ' HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live _ NALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN ~~C~~~~,XYERRINGTDN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer water Works supt TUART APR { WALT W. MORROW SHARI STILES ~ ~ 1~~ . , BRUCE D. S 7 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief Planner 8 Zoning Administrator MERIDIAN, IDAHO 83642 ., >Ly~ ~` ~Y ;, "3.4{tR~$d;~~JOHNSON W.L."BILL"GORDON,Police Chief ~ /(~~irman ~ Planning & Zoning Phone (208) 888-4433 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney ~Q Public Works/Building Department (208) 887-2211 ~~ ~ v GRANT P. KINGSFORD c ~D~ +~p1. 1 J'T ® Mayor ~* f & MEFifD1AN NAM?A TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVFaIi~~~OJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer key: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Variance Request BY: Mike and C nthia Sciscoe LOCATION OF PROPERTY OR PROJECT: 2210 N Meridian Road, portion of Lots 3 ~ 4 of J.E. Pfost's Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SI=WER t3E^ri~±RT1rENT 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 8~ FINAL PLAT CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the variance request for Mike and Cynthia Sciscoe. ~-. CENTRAL `~ •• DISTRICT pRHEALTH ~~~ Retumto: DEPARTMENT ^ BOISe REVIEW SHEET APR ~ 8 199 ^ Eagle ~~y~.`t' Wit' Y~j~:s~~u,~f'~~'~ ^ Garden City ~, Meridian Rezone # ^ Kuna Conditional Use # ^ ACz Preliminary/Final/Short Plat _ Vih~.l /~ ~-~= Go- 3 t ,~ J ~ ~ s ~ s S~ ~ d ~ S,o~ ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic 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 commern. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ Central sewage ^ Community sewage system ^ Community water well ^ Irnerim sewage ^ Central water ^ Individual sewage ^ Individual water r. ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store 13: 1~ES /l~~~G~~~ /LIUS~~~ C'ON/~L~7~ DATE: ~ Reviewed by: ,,,,,./ .SS4~$ ~i^7 Q/Z ~~/,~--~~~~' ~~ CDHD 10-91 rcb / ~f/.~//r9~L~ , r~ Meridian City Council April 19, 1994 Page 36 Sciscoe: No they won't, they will be separate. Kingsford: Any other questions? Counselor Crookston: Mr. Sciscoe, I think you need to explain to them why the variance is required. Sciscoe: The variance is required because it will cause an undue hardship, one on the rezoning of the property, because of the size of the property which is only .41 acres and trying to split it which was our original intent, what we originally tried to work out with Wayne is that it would cause the lots to be economically impractical. Because of the way it would be split up, if we had a house on residential and the business property separated out with the setback requirements and everything you would leave no room to actually put a building there. And the other point was that the property around us to the. north which in the findings of fact is noted as a residence there is also a commercial general property already. The other part of our parcel which is going to be Dorado Developments .45 of the rezone request which we just approved earlier is going to be Limited Office and therefore we are being sandwiched in between that with apartments to the east of us. And therefore we saw in the future as Meridian grows that this property practically will not become a residence if we in the future sell it. Kingsford: And that was again part of the request that we made of them to have a variance, and that variance wouldn't follow along to new owner as a rezone would and so that was our request as well. Tolsma: I have a question, on this map it shows the Meridian rezone on here but I believe that your lot is just half of this. Sciscoe: Yes sir, the other half is Dorado Developments. Tolsma: And they have also applied I think Sciscoe: Wetl, from the whole, since the beginning of the process they have been the other half of the rezone. Tolsma: With the CC, but we are only really talking about half of this tonight then. Sciscoe: Yes, as far as the variance request. Kingsford: Any other questions for Mr. Sciscoe? Anyone else from the public that •-~~ ~ CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: NAME : l' ~ /'~P f Meridian Zoning Ordinance) PHONE (Owner or h lder of valid option) ADDRESS : Baia N. Int~~/L~~A~ ~OG~C GENERAL LOCATION: Parf~r O~U//S 3 f `7 G'f~ ~~ ~-S~~ ~~.~j(~((J~~~Dy~ LEGAL DESCRIPTION OF PROPERTY : S~Pt~ ~~l ~C/1 PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION ~ ~ ~r{ ues~~d VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE : (J(%/r' ~~'/~C~ ft~ Gi ~'Di~s `PJi[y~/iCP SIGNATURE : ~% CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By ~--. /'~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk MAXYERRINGTON JANICE L. GASS, CityTreasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 "BILL" CORDON, Police Chief W L JIM JOHNSON . . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: A ril 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19194 REQUEST: Variance Request BY: Mike and Cynthia Sciscoe LOCATION OF PROPERTY OR PROJECT: 2210 N Meridian Road, portion of Lots 3 ~ 4 of J.E. Pfost's Subdivision JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATlON(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: . ~ _, ~ `~- CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: MeridianCZoning Ordinance} NAME : l' ~ ~ ~~ f ~/~ /CI SAD ~ F~HONE (Owner or h l der of,J va l i d op/t ion ) ADDRESS : dal d /V l~1 ~ri~+ ~G~ ~OGcL ' ~a~f~n O~ll~/s 3 f ~ ~~~~ ~7U5/ S ~ I U~~~D~ GENERAL LOCATION: LEGAL DESCRIPTION OF PROPERTY: .JPP ~ ~u` PROOF OF OWNERSHIP OR VtLbe atta~hed.A copy of your property deed or option agreement mus PRESENT ZONE CLASSIFICATION t~ Iv ~r~ esfed VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) i DESCRIPTION OF PROPOSED VARIANCE: ~~/.~/'~~/~Ge ~ ~ ~~"~ ~~~~ .~~~ .SIGNATURE: ~ ` CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By /'~ ~iAn A'iTACIiED 'l~RETO A1iD !BADE A PART ggREOF TtfAT CERTAIN DEED OF TRUST DATED p,XgIBIT DgC@iBER 7 , 1993. PLEASE INITIAL F LOTS 3 AND 4 O1+ J.E. ppOST'S SUBDIVISiO Ai COUNTY'NDA OTDE C BED AS OF, A PORTION O Fit_ED IN BOOK 4 OP PLATS AT PAGE 147' RECORDS OF A FOLLOWS: T THE SECTION CORNER COMMON TO SECTf EN WESp, 80 SE MERIDIANORTH, RANG COMMENCING A 1 EAST, AND SECTIONS t AND 12, TOWNSHIP 3 NORTH, RAN DEGREE 25' 30" WEST A DISTANCE OF 2141.22 FEET 70 A POINT ON THE SECTION THENCE NORTH 00 L{NE ANO ON THE CENTERLINE OF NORTH MER{DIAN, ROAD, TH MERIDIAN ROAD, DEGREES 34' 30" EAST A DISTANCE OF 30.OR FEET TO A 1 /2 INCH STEEL. PIN WITH THENCE NORTH 89 A PLASTIC CAP ON THE EASTERLY RIGHT OF WAY OF SAID N P01NT OF BEGINNING, EGREE 25' 30" EAST A pISTANCE OF 42.15 FEET ALONG SAID EASTERLY RIGHT O THENCE SOUTH 00 D WAY OF NORTH MERIDIAN ROAD, SAID POINT BEING THE REAL EGREES 43' 16" EAST A DISTANCE OF 135.02 FEET TO A 1 /2 INCH STEEL PIN WITH THENCE SOUTH 89 D A PLASTIC CAP. DEGREE 53' 00" EAST A DISTANCE OF 131.03 FEET TO A t /2 INCH STEEL PIN WITH THENCE SOUTH 00 A PLASTIC CAP, DEGREES 26' 27" 1iyEcT A DISTANCE OF 136.Ofi FEET TO A 1 /2 INCH STEEL PIN THENCE SOUTH 89 PLASTIC CAP ON THE SAID"EASTERLY RIG N ~ OF 13 DO FEET SHOWN ON RECORD OA t 33.00 WITH A THENCE NORTH 00 DEGREE 25' 30 WEST A DIST TH MERIDIAN ROAD TO THE REAL POINT OF ECORDED UNDER INSTRUMENT NO.84268~9 IN BOOK F OF SURVEYS AT PAGE 62 , SURVEY R FEET) ALONG SAID EASTERLY RIGHT OF WAY OF N BEGINNING. . ~~ ~- . BLUE HERON LANE __ 11QNM1D I/YMNlM tmww~ m J.B. PFOST'S~•• mnwaw •-- rn~wN~n rn~rwm _ SIIHDIVISION ,)hMtS CT. CPr~~/ e . s~ x'syc P~F • as 1»twwY e'y/ ~O S. C' ~~jC ~~~ rn~ww~ ~~ eru~wt awir~a nw~nw erwrn. I tl mrrm I ,I a~ $ri~geW°0~ i \ Ck CPr° foseo~ ~ '. ne1L~-R~ D 1/4N R~~'Q~E f1~IMM \\ .\ ~,,` ,` ~•. .\\ ~.» \r • r \O .~ `~ . \\ \\ .\ ~~~ ~~ . _ DRIB C m < Z m ~~~ r { W a z z < i ~.~ r~tE ~ SlRE fT n.w~. ~ ; • .. ~ nw~yw~ € ~ s `£ x ~ e~ r ~. ~-------~ I ,~ PROPERTY OWNERS WITHIN 300 FEET Ted and Wanda Hepper 43 East Fairview Avenue Meridian, ID 83642 James Court Associates 760 W. Myrtle St. Boise, ID 83702 Bedelco, Inc. 5204 Sorrento Circle Boise, ID 83704 Bews & Smith 5204 Sorrento Circle Boise, ID 83704 Jack E. and Doris F. Barrett 2250 N. Meridian Road Meridian, ID 83642 James Banducci, Jr. 2116 N. Cole Road Boise, ID 83704 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 Meridian,ldaho, hold a public hearing at the Meridian City Hall, 33 East Idaho Street, at the hour of 7:30 p.m., on April 19, 1994, for the purpose of reviewing and considering the Application of Michael and Cynthia Sciscoe for a variance request to land located in a portion of Lots 3 & 4 of J.E. Pfost's Subdivision, Meridian, Ada County, Idaho, and which property is generally located on South of blue Heron Lane and East of Meridian Road. The Application requests a variance to allow a residence on the property with a proposed Commercial zone. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. dated this 29th day of March, 1994 ~„~~ ~~.~ WILLIAM G. BERG, JR., CITY CLERK NOTICE OF HEARING i"~ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridia and the Laws of the State of Idaho, that the City Council of the City of Meridiaaaho, 33 East Idaho Street, Meridian, Hall, hold a public hearing at the Meridian City the hour of 7:30 p.m., on April 19, 1994, for the purpose of reviewing and at considering the Application of Michael and Cynthia Sciscoe for a variance requesAdta Mend~an, land located in a portion of Lots 3 & 4 of J.E. pfost's Subdivisi f blue Heron Lane County, Idaho, and which property is generally located on South o and East of Meridian Road. The Application requests a variance to allow a residence on the property with a C-C zone. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of March, 1994 i WILLIAM G. BERG, JR., GITY CLERK ~~ /"\ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridia and the Laws of the State of Idaho, that the City Council of the City of Meridian w 33 East Idaho Street, Meridian,ldaho, hold a public hearing at the Meridian City Hall, at the hour of 7:30 p.m., on April 19, 1994, for the purpose of reviewing and considering the Application of Michael and Cynthia Sciscoe for a variance request to Meridian, Ada land located in a portion of Lots 3 & 4 of J.E. Pfost's Subdivision, County, Idaho, and which property is generally located on South of blue Heron Lane and East of Meridian Road. The Application requests a variance to allow a residence on the property with a C-N zone. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of March, 1994 ~~~~~~ WILLIAM G. BERG, JR., CITY CLERK ~ ~ .C ~ ai o O a m E °a.r~.U~ LL N b w 3 C y C , N °' ` '0 . G ry W Eo°0C''~r O U ~ ~ ~ ~ E•~p~ ~ ~u ~~ 2 ~ ~•~.E !!~ ¢ E c a ^ ~ •ri H r ~ ~~ ,°,.~ U ~ W E., .. ~ ~'~ c ~ 'e ~ ~ U ;~ o ~c~> _ ~ E~°..°N H Lc m ~LL ~p ~ E`Q p . N ,d ~Q , m ~L W ~ ~ m LL 'bq~ Nh'.°'7~ N ~O w~E yOY N ~ y q ~ ,n ~ /~ Q c~y~• .~~ i w. C ~ m'~ N A C: d ,~ ~ F O~ X d w N •~w ~ X4°..5 ~ E ~ ~~ N P O L a 0. a G d O U EdW ~ ~ v~ .. . ~ ~ 'i`.,y e~p •d ~2~~ N m N~ o ~ in~U c ' E ~ ' ~ ° `' °~~ $ y 7 ~ x'- = h w ~•O O Nr- 7- C~w c~~ c ~ OQ8 E ° QUm (L, 0 v°•dOO ~o N V1 ~~.~ '~ N N ] (A p Ow ~,~ a 0 ° d ~ W U y f0 C > G yy ~~C ~ C~ F U W O GGG ~ v ~ X N cd U N ~CC. O t5 ~w p~ V ~~ C ~ ~ ~ H ~ ~ d ~ ~ 7 a ~., ~ V ° N O F. a~.q ~ p a O U Q 7 °~ C O O ~~ a•v ' ~~ w . ~~0. o ~, ~~.,~a~E~ d 'S ~~3 3 =L bw~ N ~ ~ aC7^ _~ ~ ~y,~~~ T ;; T~ ca ~y ~~..~~•°E6 A aNi LL .~~~•~ E~P4 ~ o l9 M d' N V~ Q a °' i~W ~P; W O ~' l0 f °d. v ~ Ca H N 00 M ao I ~ J " ~ w NOd N ~ Q ~ Q b ~ o uv OG~UU y H S^~^^ ~ rti CO Q ~ p 2 Q •~ ~ ~ ~ ~ w w -. Q Uf N • ~ 00 ~ H N O O ~ w a ~ ~ ~ P~ L~ -I-~ ~-I Q ~ ~ N N -I-i CJ . H N C S-I N +~ U1 U QJ N ti N `0 ~ ,7 RS • r-I H H ~-I ~ ~ ~' ~ R, FC ~ O U U ~ ~ -r-I ~ M m N ~ ~ ~ ~~ O a ~ <n 3 O • • fA ~ oo d ON r n - 1 ~ U U ~ •~••~ N J •I~1 ~ ~/ (( ~~ !11 ~ v~ VJ U~ ~ ~J1 r~ ~ O d rd ~ O •N O ~ •~ U ~ ~ cd H v Q ~ •~ ~ r-1 U ~ ~ ~ O •rl ~ U ~ w ~ '~ fd ~ S-I ~ N Ul CJ ~-I r-I a O ° ~ E O ~ ~ ~ ~ H cd U a Z 10 r •i O (f1 • U ) ~ U ~ ~ U] Rf ;7 ~ E ~ ~~ -- (( "V ~{{ ~ ~ ~y ~ ti ~ ~ 1 Z N ~ ~ ~W•ri W N ~d' U1`'7' o CJvr \~ `° -i-~ ~ ~ o 0 3 o U ~ ~ ~ ~ U `~ •rl M N O M R$ lD N N ~ N (~ N (l~ .-i F°-¢ > UMW , _ 5 N N~ ~ 'a E ~ a Z ` ~ v ` ~,n ° ~ ~ ~} `~' V 1 U 1 c n v yc ~ °' y m i \~ ~n j C '6®~ T z~ m m 9 N d ~ 0 ~ M l0 Q ,~. C ~-• N M ~ ~ ~O l 0 01 O . -i ~ . i ~ ~ F J Z ~ a U z a W H W a } H } m .a Q n M view a~ge~uno~~b- ao~ i ~ ~~ / ~~~~ ~~ ~~~ ~~ From: Michael and Cynthia Sciscoe 2210 N. Meridian Road Meridian, ID 83642 (208) 884-0603 Date: October 25, 1997 To: Mayor Robert D. Corrie, City Council Members, City Attorney Wayne G. Crookston, Jr. Re: Irrigation and Ditch Rights Dear Sirs: I am writing on behalf of my wife and myself regarding our rights to irrigate as was supposed to be discussed at the September 16, 1997, meeting held with you, my wife and myself and Doris Barrett. As you may recall, Doris owns the property upon which the irrigation ditch in question is located, providing water to our property for irrigation purposes. My wife and I were caught by surprise at how the meeting last month was managed. I also was unsettled when Mrs. Barrett began this meeting by making untrue statements regarding our family or our activities as she did. I'm very concerned about the issue having been sidetracked or overlooked because of the many false statements that were made by Mrs. Barrett, and I am herewith making an attempt to clarify what the actual problem at hand is. First, I believe I must just cover some misleading ground that was presented by Mrs. -' Barrett. My wife and I have worked very hard for the past three years at NOT getting in the way of our neighbors ever since Mrs. Barrett informed us that she wasn't happy that we had bought the property even before our family had moved in! We have required our children to not be excessively noisy and DO NOT allow them to go on the neighbor's back property lot unless instructed by us in helping to maintain the ditch. Our nine year old son is currently learning such responsibilities and will accompany me in walking the ditch from time to time, but never unsupervised except once or twice to open the gate. I can only recall ONE TIME, that the Barretts were having company when we had to run the water. Ninety-percent of the rest of the times the only person home, if anyone, when we irrigate is Mr. Barrett. Mr. Barrett, by the way. plays a major role in all this conflict in the first place. We have noticed that Mr. Barrett is NEVER in attendance when meetings are held with anyone from the City, and he has a lot to do with al] of this problem. I am not meaning to judge, but I can only assume that the reason for his repeated absence is because he appears to have a great temper and seems to have difficulty controlling it. It appears he does not have employment and except for the one time we noticed they had company over, when Mrs. was home, Mr Barrett alone is always the one initiating confrontations with me and apparently accusing me of all kinds of misbehavior to his wife. I only assume this because of the surprising accusations she brings out when we have spoken with her or heard of what she has said to one of the city officials. My wife is always home when these happen, and I share with her what Mr. Barrett did or said each time. Mrs. Barrett is oirly going by what her husband tells her when she comes home from work., as she appears to work every day. Since I often work at home, we usually water during the daytime and during the week. But, all this is besides the issue at hand. I realize it's our word against hers, but this problem is not all just a matter of "feuding" (as someone on the Board seemed to insinuate) neighbors and for that reason, I would hope that you would not hold much regard for what EITHER party states UNLESS IT IS BACKED UP BY EVIDENCE. If you feel a need to depend upon statements that are not evidenced as factual, possibly Ms. Stiles might be able to assist with the issue of character, if she doesn't mind. She has spoken with both parties from time to time. At the conclusion of the September 16"' meeting, it was decided that we, Sciscoes, needed to prove that we do in fact, have irrigation rights ui the first place. We believed then, and still do, that this was an unjustified resolution. It caused me to be burdened with taking several hours away from earning a living for my family, which I have done, but not without financial sacrifices. In my hours of speaking with those both over the phone and in person, who seemed to be more familiar with the water irrigation rights laws than our City Attorney, expressed "great concern" (that is putting their words mildly) over both the City of Meridian's lack of action and the Board's position at the meeting and that we would be put through all of this. At any rate, I have fulfilled the Board's requests and included evidence that we do, in fact, have irrigation rights to the ditch in question, whether our property title expresses it or not. SEE ATTACHMENT A, copied from Idaho Law on Lateral Ditch Water Users' Association; Distribution of Water to Consumers, Wasting Water; Irrigation Lateral Districts and Various Interferences. We obtained this booklet from the Nampa & Meridian Irrigation District. Reference # 42-915 states that no mater who owns the tract of land, water rights still remain. The Nampa & Meridian District stated to us that our rights are proven by our assessment receipt -SEE ATTACI-IlVIENT B. We include our 1996 receipt only for convenience in that it was readily available and to save more hours obtaining the others. We have paid this each year and can, if requested, provide any year you feel you need to see. As you can see, our property description is printed directly on the receipt. The Nampa & Meridian District folks stated that they were very surprised that you all or especially the City Attorney weren't already knowledgeable of this. Ms. Bonnie Weise, Nampa & Meridian Irrigation District Water Records Supervi:;or (SEE ATTACHMENT C) has also provided a letter to the effect of our water rights -SEE ATTACHMENT D. The enclosed Assessment Report - ATTACHMENT E - is our latest statement of water rights, and ATTACHMENT P shows the assessment report for the past five years. We also have provided further evidence of water rights to our property dating back to 1937 -SEE ATTACHMENT G. Water rights were originally apportioned in 1918 as proven by ATTACHMENT H. The outlined map - ATTACHMENT I -shows the legal loc;ition and description of our property (J.E. Pfost's Sub- Division) as it is registered with the Nampa & Meridian Irrigation District. This map description is the same as stated on our assessment receipt. We hope this makes it clear to you that we do, indeed, own water rights for irrigating our property. Secondly, I was required to assess whether or not we could actually come up with a DIFFERENT LOCATION for receiving water from someone else's piece of property so as to not burden Mrs. Barrett with our presence. Again, in our eyes a very unreasonable request on the City Council's part. But, again, I have complied with the Board member's request to "prove" this, as well, in the attempt to get on with the real issues at hand. And again, having to take hours away from work in order to do so, this also has cost my family financial sacrifices. I made requests of Mr. Jim Merkle, the Project Engineer from Hubble Engineering, to provide this information for us. As shown in his letter -SEE A"TTACHMENT J - he states that due to the -2- slope of our property, irrigation is intended to be received from the north side, .running south, as we now have. As shown on ATTAC1=IIvVIENT K, the intended source already exists in this location. To attempt to provide imgation water from the source spoken of at the September 16`h meeting with Mrs. Barrett would require "extensive piping and pumping installation" due to its upward slope. Also, referring to ATTACHMENT C, from the Nampa & Meridian Irrigation District, specifically, #3 on that letter, upon speaking with Settler Irrigation District, they have stated to us that our rights are for water coming from the gate location which we have always watered from as outlined on the map (ATTACHMENT K) and as evidenced in the statement to follow by Mr. Ted Cunningham. Attachment K is a map supplied by the City of Meridian. It shows the locations of the properties in question, the main canal and the irrigation ditch route. Thirdly, the comment was made by Mrs. Barrett that the irrigation ditch running east/west was never on her property in the first place. We believe it important to provide evidence that this was a false statement. We have included a signed statement by Mr. Ted Cunningham, our district's Acting Water Master Assistant and the Barrett's neighbor -SEE ATTACHMENT L. Mr. Cunningham lives directly north of the Barrett property. Referring to ATTACHMENT K, this map shows the location of the irrigation ditch running north to south that Barretts covered over and relocated to run east to west as it stands today. Mr. Cunningham recalls the conversation he had with the Barretts, my wife and I regarding moving the ditch in order to continue the supply of water the Sciscoe were (and are) entitled to. He is retired and is home just about every day and has also mentioned to us that, despite Mrs. Barrett's comment that they never have used the ditch for irrigating purposes, they, in fact, do use the main canal for this purpose. He has seen a pump delivering water to their lawn on a regular basis during the summer. Assuming, sirs, that you now understand that we do have irrigation rights and that these rights are to have water from the location that the ditch stands today, I would like to please proceed with the issue that is really at hand. "This whole issue is actually a matter of what the City Codes and the Idaho State Law states regarding Right to Right-of--Way for irrigation ditch usage and Maintenance for such irrigation ditches. It is also are important matter of what the City's responsibility is concerning Failure to Adhere to The Law. I will explain once more, as I did in July of this year, what has happened to cause me to seek action from the City of Meridian in order to resolve the problem we have been having regarding our irrigation rights. Since we bought the property in 1993, the following spring, we began to "maintain" the ditch since it appeared our neighbors, the Barretts, were not planning to do so. We did not know the law, we just didn't mind doing so and assumed they were not planning on using it. Each year. we raked and cleaned, burned weeds (before the apartment fences were erected) and filled in gopher holes. We had never complained before about maintaining the ditch for our neighbors, even after we discovered that it was their responsibility, as will be evidenced later in this letter. We pay to have a man come and plow the weeds in the ditch each year. This, of course, has been only after requesting and receiving permission by the 13~u-retts each spring for the worker to access the ditch on their property. We pay for and administer the weed-killing chemicals each season. As you can see, tlus is a long ditch, and it takes lots of maintenance. Up until this past -3- summer, WE WERE HAPPY TO DO IT FOR THEM all that time! We have actually considered it a blessing to have irrigation rights. We aren't able to afford the cost of watering our property as well otherwise. We enjoy flood irrigating our property! It even affected our decision to purchase this property when considering buying it. The Barretts never complained about our maintaining and using the ditch either, until last year, when the apartment fence was constructed, it required me to have to walk a little more on the Barrett's property than they felt comfortable with. The fence now blocks our round-about access route through the then vacant lot which now causes me to have to walk near the front of the Barrett's property (closer to their house) to access the ditch banks and on down the ditch line. Now, we understand a property owner not wanting folks wallcing on their property, but to be out and out rude about it over and over again has made us reluctant to even attempt to maintain the ditch any longer. I was threatened by both Mr. and Mrs. Barrett more than once, about continuing to go on their property. I won't go into the details of the extremes they went to, as they attempted to encourage me against walking the ditch. For Pete's sake, I irrigate approximately once every 2 weeks during the dry times -less, during wet times! I don't make noise, I walk along the fence line, I DON'T bring my son with me since Jack began all this, even though he is very well-behaved - my son, that is. Although, I am entitled to. I believe I've tried as much as humanly possible to keep peace with my neighbors. It appears there will be no compromise with the Barretts and so this is why we are seeking legal action from the City. I believe it is the responsibility of the hired City Attorney to research the law if he isn't familiar with it, but since Mr. Crookston doesn't appear to have had the time to do this, I sought out the law on this issue on my own and found it outlined in the City Code. Since the Code written by the City of Meridian states that it's our right to access the ditch for irrigation purposes and it is the Barrett's responsibility to maintain it (see later attachments), we assumed the City of Meridian would take responsibility for making it clear to the Barretts that we have this right. When we first approached the City of Meridian in July of 1997 to help us out, I spoke with Sheri Stiles, and assumed we would receive assistance in dealing with this problem. She expressed agreement, that as fax as the City Code went, we were entitled to irrigate without interference by the Barretts. We were, at the time, even willing to settle for continuing to do the work of maintaining the ditch if the City would simply speak with them about the law and point it out to them that we do have the right to do this, assuming, of course, that the Barretts would comply. In July, Ms. Stiles, myself and Doris Barrett did meet together to attempt to resolve the problem. The result of this meeting was that Mrs. Barrett was not willing to comply with the law fully. She was willing to allow us to walk the ditch to irrigate, but NOT to access her property for the time it takes to maintain the ditch. You should be able to receive factual backup by Ms. Stiles on these statements, since she was present. City officials Stiles and Elhert apparently weren't certain of what their responsibility was in the situation of a property owner objecting to comply with the law and did not end up helping us to resolve this part of the problem. We have since gone back and forth trying to get some assistance from someone with the City. I studied the whole law, as pertains to irrigation and ditch use for a few hours more, in order to become familiar with the terminology. I asked the proper authorities for help in defuzing the terms referred to in this code, and it appears pretty clear to me as to what these laws are -4- stating. I must respectfully admit, it is quite confusing to us (and others for that matter) why it is so difficult for the City Officials to decipher their own code, especially the attorney. But, even though it has been very time-consuming for me, I will be glad to outline it all for you. I have only included the pertinent pages since you already have complete references available. ATTACHMENT M is a copy of Idaho State Law, Title 42, Chapter 11, (42-1101) which states we, as claimants, ("claiming any lands...in the vicinity of any stream") are entitled to the use of the waters of such stream for the purpose of irrigating the land claimed. Please notice this code is entitled "Rights of landowners"[pluralJ. Further, 42-1102 states that when the stream frontage is not situated sufficiently on our own property to receive the water, we "are entitled to a right-of--way through the lands of others, for the purposes of irrigation". For clarification purposes, you will also notice that this right-of--way is also for the purposes of maintaining the ditch. Please be certain to notice our upcoming attachment that describes WHO is required to maintain the ditch. ATTACHI~NT N is a copy of the Idaho State Law, Title 18, Chapter 43 (18-4310) entitled Neglect to Deliver water -Interference With Delivery, which states that any "person or persons who shall. prevent or interfere with the proper delivery of water to the person or persons having a right thereto, shall be guilty of a misdemeanor...." ATTACHMENT O is a copy of the Idaho State Law, Title 18, Chapter 1, (18-113) entitled Punishment for Misdemeanor. We do not desire to have our neighbors arrested, but do want the City Officials to note the legal consequences. We still are not able to peacefully access this "right-of--way" whether for irrigation purposes or mavltenance purposes, without the Barretts' interferences. As will be brought up later herein, Mrs. Barrett has since decided to take the position that we do not even have rights to irrigation from her property. This is one of the areas we believe the City should either help us solve or else back us up if we must go to other authorities. Our reason for this belief follows: ATTACHMENT P is a copy of City Code, Chapter 9. Section 9-901 states that this chapter was written in order to "insure that each property owner, and his property, receives the full and lawful amount of water..." Section 9-902, entitled Maintenance of Canals and Ditches and Embankments, clearly states that it is the 13arretts who are required to maintain the ditch. "It is hereby declared to be unlawful for any property owner of land through which an irrigation canal or ditch...traverses such land to fail to maintain in good order and repair any such ditch that traverses through his property... ". [See, also, ATTACHMENT Q -Idaho State Lcnv, Chapter 12, Title 42 (42-1202 and 42-1203).) Section 9-903 defy ies "maintenance". Section 9-904 defuses a nuisance as "the failure to maintain a ditch". -5- Section 9-905 corrununicated to us that we should go to the City for help, which we did. It states that any " `City Official' may order any nuisance...corrected, abated, or removed after ten days' p.ior notice of intention to correct, abate or remove the nuisance." The only person there, in our opinion, that appeared to understand the law and the responsibility of the City to help us out is Dean Elhert, the Code Enforcement Officer. He agreed that the Barretts needed to take care of maintaining the ditch themselves and he did write what I understood to have bee~~ a polite letter, requesting that they clean out the weeds in the ditch on their property. It is my understanding that more than one communication was needed with the Barretts for this purpose. This, apparently, is what Mrs. Barrett referred to as "harassment'' in her statement on Sept. l 6 to the Board. Apparently, the Barretts attempted to comply with. this request by running an X111 Terrain Vehicle down the ditch, but they still were not willing to peacefully allow me to access the ditch via their property for irrigating purposes. I believe Mr. Elhert was not certain how to enforce this law himself after Mrs. Barrett's refusal and suggested it be decided by the City Council. This, we understood, was to be the purpose of the September 16"' meeting. Apparent'y, i~ir. Elhert had written a conclusive letter to the City Council (to be reviewed before the inectin~) supporting our position. It outlined the facts. Meanwhile, 1\Irs. Barrett wrote her own "conclusive" letter to the Board, outlining her own version of the store and her personal opinion. Unfortunately for us, Mr. Elhert was not able to attend this meeting, Lut anticipated each Board Member would understand his position from the letter he gave to the::. 'ust as unfortunate, not a single Board Member admitted to having read his letter before or eve~l took the time to read it AT the meeting. And MOST unfortunate, was the fact that all Be~xd Members received (and read?) Mrs. Barrett's letter! I have not read her letter, but I've either been present at, or heard enough of, her discussions (accusations) with City Officials to know tJlat this letter probably had a lot of unsubstantiated stories, especially if it contained anything like she many false statements she made AT the meeting itself. [If you feel a need to, I suggest yo~_i read over the transcript of that meeting, as I have, noting how many unproven statements were r„ade in it.] It didn't help that I, being flabbergasted with the stories she told about my farnil~~, didn't even get to the point of bringing up the City Code and the Idal1o Law to the Board! I lo~~e rr..y family very much and was very offended by the accusations made by her at that meeting, botl; ah~~ut them and myself, as well I had no idea she would come across that way. I actually wa :under the impression that she had come to think favorably towards my family. Had I known hc~w the Board would have reacted in sympathizing with her, I would have ignored her falsities and gotten straight to presenting my case. I also hadn't rea?i7.ed that Mr. Elhert was not planning to be present. I thought he would be doing most of the t~~~lcing, so 1 really was caught off guard altogether, not realizing that I was going to have to defend my position to the Board, as well. Since the Board had not come prepared either with !cnowledge ofthe State Law, City Codes or with Mr. Elhert's information, they pretty much based their opinions on what had been communicated by Mrs. Barrett and concluded the meeting by requiring me to prove my rights. Although very disappointed with the manner in which the City had h~u~dled this, I have hereby fulfilled these requests, hopefully to the satisfaction of the Board. Since the Citv ofMcridian appears unsure as to what their position should be, and as to what the law clearly say: (in our eves and to many others), we have come to this point: -6- We are hereby requesting; that the City of Meridian uphold the Idaho State Law and Meridian City Code by requiring the current property owners at 2250 N. Meridian Road to maintain the irrigation ditch in question, herein, as outlined in City Code, Chapter 9, Section 9-903 ATTACI~ItIENT Y ANll that it be made into a rig~t-of way, as outlined in Idaho State Law, Title 42, Chapter I 1 (42-1102) ATTACHMIJNT M. We recommend that the continuance of City Code, Chapter 9, Section 9:906 would be the next step for the officials --then, 9:907, 9:908, 9:909, 9:910, and if necessary, 9:911. T'he law appears very clear on the p; ucedure for "failure to comply". If you would all please take the time to read it, we believe it wig: appe~~ pretty cut and dried to you, as well. We would hope that we wouldn't have to defeat the; purpose of the city's having already hired one and hire our own attorney in order to receive the legal action we believe we lawfully should receive on this case. We also request that you please honor our request to receive a decision within the next week or two, before the w;;t weather begins. Even though the watering season has passed for this year, the ditch currently is n need of the usual end of season maintenance (weed treatment) so that it can be ready to access in the spring. We have done this in the past at this time, and since. obviously, we have not been able to perform this responsibility this season due to this conflict, it has not as yet been accomplished. We understand that, at times, the Barrens may be some~~hat difficult to co~rununicate with, but we believe this should not affect the City's conclusions and directives. Please respond u1 writing for our records. Thank you for your time. ~~' Michael Sciscoc Enclosures: Attaehm~~nt ~ A. B, C, D, E, F, G, H, I, J, K, L, M, N ,O, P & Q cc: William ~_J.3erg, ar., Walt W. Morrow, Ronald R. Tolsma, Charles M. Rountree, Glenn R. Bentley Sincerely, ~~~ -7- OFFICIALS WAYNE S. FORREY, I ICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer ~~ NUB OF TREASURE YALLEI ~. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERTGIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 8 Planni JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your co ments and recommendations will be considered by the Meridian -4 ~'o~~ S may we have your answer by: q 3 TRANSMITTAL DATE: C~C~~jQr ~s 19~~ :HEARING DATE: ~,~e-,~-~,~r 9,1gg3 REQUEST: ~ ZOh r n_ P -t'Y"ow~ ~`1' ~'IO "~ FzP~v-P n ~ C ~ . e pv-,..~p~C14. I.CG~ BY : ~oc-c3, eat l ~ . S h ~ 4 C ~ $~ ... LOCATION OF PROPERTY OR RROJECT : ZZ'1 ~ Yl.~ . ~'y1P.r; jpr ~a( t~ D f ~ 0~ P~i-r i LyL 0 V~ ~L'.~` i C~ i Ct rl ~~ JIM JOHNSON P/Z MERIDIAN SCHOOL DLSTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFTCE (PRELIM AND FINAL PLATS} JIM SHEARER, P/Z ADA COUNTY HIGHWAY DLSTRICT .,. CHARLES ROUNTREE, P/Z ,. ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDLAN IRR..DISTRICT RONALD iOLSMA, C/C SETTLERS IRRLGATION DISTRICT 808 CORRIE, C/C TDAHO POWER-CO:-(PRELIM AND FINAL PLATS) BOB GIESLER, C/C ~.5-. WEST (PRELIM AND FINAL PLATS) MAX~YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT, BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT . CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CTTY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER n HUB OF TREASURE VALLEI OFFICIALS WAYNE S. FORREY. AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART. Water Works Supt. WAYNE G. CAOOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL CORDON. Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERIDIAl` 33 EAST IDAHO C i ~Y, MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor +v~~ COUNCILMEN RONALD R. TOLSMA _ 1 t i\1~ R08ERTGIESLEA 1•ri~ ;~yA:..a~3~`iiy:;l MAXYERRINGTON ROBERT D. CORRIE Chairman Zoning 3 Plane JIM JOHNSON Centennial Coordinate PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that >~our co meets and recommendations will be considered by the Meridian~~r~ -4 ~,,,~; S may we have your answer by: Igo yQy~,`~r td q 3 TRANSMITTAL DATE: (~C-I-~,~Q,(- ~5_ J~Q~.~ .NEARING DATE: ~Ue-•n~P~(' 9 )~~J'3 REQUEST : ~ Zo-~ i~ ~' ~O ~ ~ C +..~ v, ~ C G i ~ ~ p p~ , l. ~~11 E3Y : ~prGG ~~ 1 ,Ir1 i S • n - g S oe LOCATION OF PROPERTY OR PROJECT : ZZ"~ O ~'l~ . Tyler;(~ja~ ~~ ~D P~'~ 0~ ~F~i-r ~ (~. ova. _f'r1P.r`i G i lit ~~- JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT NOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND fINAI PLATS) JIM SHEARER, P/I ADA COUNTY HIGHWAY DISTRICT .,. CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN. IRR..DISTRICT RONALD TOLSMA, C/C SETTLERS LRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO:~(PRELIM AND FINAL PLATS) BOB GIESLER, C/C - U.S. WEST (PRELIM AND FINAL PLATS) MAX~YERRINGiON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR CITY FILES /~, ~~~ . ~~ OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: __ ~7.e,-; ~:,~~,~'~ ~~s POLICE DEPARTMENT ~ ~ f ~au~ ~ ~~ c, h~~ ,~ ,~; f CITY ATTORNEY ~~ ~E~dru .~4 ~ CA b; ~ t~ '~ 6ARY SMITH, P.E. ENGINEER ~t.(.rN;7u~~ /3LCS:~vvs~ ,'Ll.. N-~~~ yC~ WAYNE FORREY, AICP, PLANNER /-y~,~z f- ~ L i_ e ~ ~ f~c~ti ~s ~,~ P~ ~ ~ S~.~o~c ~~R EXCEL! 2 ~yf- Q ~~ N 0 ~ - 3 ~~~3 C~~'~ ~~' ~~'1G`i~D.~3f~i~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 November 2, 1993 City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE: Dorado Development Co. Dear Councilmen: I have reviewed the application for Dorado Development Co. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, a-%~-- an Mabe, Deputy Superintendent DM:gr m n 1 .. IT W - v ' C ~, l a 11 -1. Y^ ~i m t tom) .~ +] .z. ~ .... ~ n [n li~.l ua ,°~ a, - ? in •• In ~ ,a•, m ,- ~.o o- ~. a Y ice. ni n u] a c~ ~. la ' I G i~ r i r1 S U `[rni R Y'. ~~ y (.] a ~ ~: h -' 2 ~. 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O P m d a ' J I 4 O I 1!a m I M -O 0 G 11 Cll L.^) 11 11 V~ ii 11 11 ~z 11 O ii ii ..] C ~'riG JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUGER, Secretary ~.~~ ~~~ - ~ i~~ `~ > _; :~~ T ••1 ~', &/~ ,fit a ~~?~'i v~ ,:za:: November 3, 1993 T0: Michael & Cynthia Sciscoe Dorado Development Co Inc 1711 N 30th Boise ID 83703 FROM: Larry Sale, Supervisor Development Services SUBJECT: MERIDIAN REZONE - MERIDIAN N/O JAMES R40 to CG Your application for the above referenced project was approved by the Commissioners of the Ada County Highway District on November 3, 1993. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, cc: Development Services Chron Meridian City Hall please feel free to call me at 345-7680. ," ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 C G f,VG JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ~1CHD Commission T?JTER-DEPARTMENT CORRESPONDENCE MFRRZMER/DSTECH 11-3-93 DATE: October 28, 1993 FROM: Development Services SUBJECT: Meridian Rezone Meridian n/o James R40 to CG (Applicant - Dorado Development Co., Inc./Michael & Cynthia Sciscoe, 1711 N. 30th St., Boise. ID 83703) (Representative - Michael Sciscoe, same address) FACTS & FINDINGS: 1. Michael and Cynthia Sciscoe are requesting a rezone from R-40 ~to CG for 1.0 acre of property located at the northeast corner of Meridian Road and James Court. The requested zoning desig- nation of CG (General Commercial) will allow construction of an office building on the site. This site is a part of a larger area that was annexed into the City of Meridian this year with a zoning of R40 to allow devel- opment of a multi-fa.*nily residential housing project. The District placed a requirement for a traffic study (not submit- ted yet) on the plat approval for Bridgewood Park and may be requiring that James Court be upgraded to a public collector street. 2. reridian Road currently has b0-feet of right-of-wav and is fully improved with a 41-foot street section. The street was reconstructed in 1992 and no pavement cuts will be allowed without Commission approval. The 2000 Urban Functional Street Classification Map designates Meridian as a minor arterial roadway. The District requires a minimum of 90-feet of right-of-way on arterials in an urban impact area, width sufficient for 5 traffic lanes, 5-foot sidewalks, and bicycle pathways. The ultimate. right-of-way will be acquired when a specific development-plan is submitted.. 3. James Court is a_ private street on an easement that is im- proved with a curb along the south side and 20-feet of pav- ing. The approach at Meridian Road. is 24-feet wide and is too ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 .•Ieridian Rezone M ~ •idiar. I1/O Jatnes R~Q to "` October 28, 1993 pear Z g. red.icated streets and. drainage systems shall be designed and constructed in conformance with District standards and ooli-- c.ies . 9, Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with ?daho Ccde, Section 54-1215. .i_0. Provide written .approval from the appropriate irriga- tion/drainage district authorizing storm runoff. into their system. il. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.l outside of the proposed street im- provements. Authorization. f.or relocations shall be obtained from the appropriate entity. l.c. Continue existing irrigation and drainage s?astents across par- cel. 13. Submit. three sets of street construction plans to the District. for review and appropriate action. 14. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage. system shall conform to the. requirements. of the. City of Meridian and shall retain all storm water an-site.. Public street drainage facilities shall be located in the public right.-of-way or in a drainage. easement set aside specif- ically for that use. ""here shall be no trees, fences, bushes, shads, or other valuable amenities placed in said easement. 1.5. Provide design data for proposed access to public streets far review and appropriate action by ACHD. 16. Locate driveway curb cuts a minimum of 5-feet from tYie side lot property lines when the driveways are not being shared with the adjacent property. 17. Install a stop sign on :very unsignalized approach of a project street to an .intersecti_on involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the. project street is first accessible to the. motoring public. 18. Aright-of-way permit must be obtained from ACHD far all street and utility construction within the public right.-of- CENTRAL •• DISTRICT oR'HEALTH DEPARTMENT REVIEW SHEET ~ ~ ~ fir' y~v e ~. £ n/.... yl ~,,a P~~'~ - 3 -^~^ ,,: t ~ ~. ~ 1~~~r::ryi`i Rezone # ~~D -~ C-f~ ~= - Conditional Use # Preliminamry/Final/Short Plat /' ~/t'~'c~'9~-1~ rJ ,/jEL'~''L~i`1 ~ % ~;~ /y1rC~(4p /G ~L ~Y.~: ~ ~.n ~!' iJ C:a r_= Return to: ^ Boise ^ Eagle ^ Garden City Meridian Kuna ^ ACZ ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Specrfic 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 condftions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water solid lava from original grade ^ 6. We^can approve this proposal for individual sewage disposal to be bcated above solid lava layers: 2 feet ^ 4 feet Y---'- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ S ewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined ' rf other considerations indicate approval. ^ 1 t . If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ 13. ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ Child Care Center DATE: 4 ~~~ Reviewed by: pI~ ~~~~ CDHD 10-91 rcb HUB OF TREASURE YA1_LE:. '~' ,~ ~ Y Y ? •-r-~ OFFICIALS WAYNE S. FORREY. AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON. JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY 80WERS, Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer IDIAN, IDAHO 83642 ~j 15~~~ V ~® Phone (208)888-4433 FAX (208) 887-4813 a / 0 C T 193 GRANT P. KINGSFORD Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR A Good Place to Live CITY OF MERIDIA ~ ~ ~ ' ~ ~~~~ COUNCILMEN RONALD R. TOLSMA ~ f Zi. 4..+ iS .,, a ;~~ .. t ~.Q08ERT GIESLER 33 EAST IDAHO AXYERRINGTON MER ~ ROBERT D. CORRIE WITHIN THE CITY OF MERIDIAN To insure that your co meets and recommendations will be considered by the Meridian ~ ~,,,,~~ S may we have your ar.^wF r by : A1.~ /lE+~.~ ;~ ta, 4 TRANSMITTAL DATr : e,r- ~s ~gg~ HEARING DATE: ~U2r,.L-~ 9 ~gg3 REQUEST : ~ Zp~'1 ~fi~` ~' yO ~ ~ Cpvr.,ME/` I 11. ~CG~ BY: ~r(3-Ge !~. ve~tn~nt .,, p f dr1 iI~Q ~ A~,~1.:C~n-I~;a Sc :~~.,~,~ LOCATION OF PROPERTY OR PROJECT : ZZ 1 ~ r''l~ . Y11er-; ja ~a( _ r JIM JOHNSON P/Z MERIQIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS} JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT ..: CHARLES ROUNTREE, P/Z .. AOA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR ~NANPA MERIDIAN IRR.:DISTRICT RONALD iOLSMA, C/C ~~TTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER C0~(PRELIM AND FINAL PLATS) BOB GIESLER, C/C U.S. WEST (PRELIM AND FINAL PLATS) MAX-YERRINGiON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS:_ Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on the rezone for CITY ATTORNEY ora o evelopment Co. Michael and Cynthia 6ARY SMITH, P.E. ENGINEER Sciscoe at 22 ]0 North Meridian Road. WAYNE FORREY, AICP, PLANNER /~© Nampa & Meridian Irrigation District Chairman Zoning 3 Plane JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI COMMENTS ON DEVELOPMENT PROJECTS 0 ~ T 2 9 ~:~~3 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 28 October 1993 Bob Angell Dorado Development Co., Inc. P. O. Box 2666 Boise, ID 83701 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use .Change Application for Michael & C nthia Sciscoe bear Mr. Angell: Enclosed please find a'Land Use Change Application for your use to file with. the Irrigation District for its review on the above- referenced development.` You are also being sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Michael & Cynthia Sciscoe °"tom ~ ~} City of Meridian ~~ enc. - -- - -- - _ .. _.- - -- ~~ , - - :_ . _ - .. _ - t . .,J'~ . 1 , 'I ; - - ;.._~, - --- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian Planning & Zoning February 8, 1994 Page 2 held January 31, 1994. Shearer: I second it Johnson: Its been moved and seconded that we approve the minutes as written for January 31, 1994, all in favor? Opposed? MOTION CARRIED: All Yea ~~ ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY DORADO DEVELOPMENT AND MIKE SCISCOE: TABLED AT JANUARY 11, 1994 MEETING: Johnson: Is there any discussion or corrections or questions regarding the Findings of Fact and Conclusions of Law as prepared by the City Attorney? Rountree: On page 6, last sentence of that page should read the "the parcel to be used" insert the word "be", page 6. Johnson: Under which item? Rountree: That would have been item #8, its last one on page 6. Johnson: Any other changes or discussion? Alidjani: Page 9, I believe this should be approved (inaudible). Crookston: That is correct. Alidjani: Page 9, approve of Findings Johnson: Page 9 change the work denies to approves. If there is no further discussion I will entertain a motion on these Findings of Facts. Alidjani: Mr. Chairman, I make the motion that we approve these Findings of Fact and Conclusions of Law. Shearer: Second Johnson: Moved and seconded to approve the Findings of Fact with the 2 corrections noted, this is a roll call vote. Meridian Planning & Zoning February 8, 1994 Page 3 ROLL CALL VOTE: Hepper: Yea, Rountree: Yea, Shearer: Yea, Alidjani: Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation to pass onto the City. Alidjani: Mr. Chairman, I make a motion that Meridian Planning & Zoning Commission hereby recommends to City Council of the City of Meridian that the rezone application be approved as modified above. It is further recommended that if the applicants do not agree with these Findings of Fact and Conclusions of Law that the application be denied. Shearer: Second Johnson: Its moved and seconded to pass a favorable recommendation onto the City with conditions so stated, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT FOR SPORTSMAN POINTE SUBDIVISION NO. 4 BY THE WEST PARK COMPANY AND J.J. HOWARD ENGINEERS: Johnson: Any discussion or corrections regarding these Findings of Fact? Alidjani: 1 have one typing error on page 12, item 19, "net" should be "not" Johnson: That is correct, we've had that error in there before Wayne. Alidjani: I've found it in three other places. Crookston: That is a different language, it is still not. Its tennis language. Johnson: I thought it was Russian. Any other corrections, discussion? Hepper: Yes, I've got a question Mr. Chairman, on page 12, it says the minimum house size should be 1500 square feet and be constructed at a value of not less than 5120,000 to 5160,000. I think if you have a value of not less than you'd want to use the lower figure, valued not less than 5120,000. MERIDIAN PLANNING & ZONING MEETING: FEBRUARY 8, 1994 APPLICANT: .DORADO D EVELOPMENT AND AGENDA ITEM NUMBER: 1 MIKE SCISCOE REQUEST: REOUEST FOR REZONE -TABLED AT JANUARY 11, 1994 MEETING AGENCY COHII~IENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA STREET NAME COMMITTE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: FIF ~ ~I ~~~Pw~t upp~~`"` ~ ~I c ~^ ~, 2~," ray ~ 1i ~,9 i C,C ~ I,'o US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: back along Meridian Road. 12. That the Applicants must meet all of the Ordinances of the City of Meridian and all of the requirements of the Ada County Highway District. APPROVAL OF FINDINGS CF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby e~e~-ies a~flroves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED Q~- COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED w~'` COMMISSIONER ALIDJANI~ VOTED_~~~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOI~~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the rezone Application be approved as modified above. It is further recommended that if the Applicants do not agree with these Findings of Fact and Conclusions of Law that the Application be denied. MOTION: APPROVED: ~~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 9 C~Oo p~ BEFORE THE MERIDIAN PLANNING AD ZONING COMMISSION DORADO DEVELOPMENT & MICHAEL AND CYNTHIA SCISCOE REZONE APPLICATION 2210 N. MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 9, 1993, at the hour of 7:30 o'clock p.m., the Petitioners, Michael Sciscoe and Bob Angel, for Dorado Development, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 9, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 9, 1993, hearing; that the matter was again considered at the December 14, 1993, and January 11, 1994, meeting, that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to the newspaper, radio and television stations. 2. That this property is located within the City of Meridian FINDINGS OF FACT & CONCLUSIONS OF LAW Page 1 and is owned by the Applicant, Dorado Development Company, and which property is described in the application which description is incorporated herein; that the property is presently zoned R-40 Residential but is now vacant land; the area in which Applicants' property is located has a house located thereon and the remainder of the property is vacant land; that there is an apartment complex to the south; there is a residential subdivision to the east across Meridian Road; that there is a single family residence to the north; that there is substantial commercial development farther to the south; that it was stated in the public hearing that the property being purchased by the Sciscoe's is .41 of an acre and the remaining property to be used by Dorado Development is 7.21 acres. 3. As stated above, the property is presently zoned R-40, Residential; the Applicants have requested that the property zoned General Retail and Service Commercial (C-G) and the Sciscoe's propose to use the home as a home, operate a book store on the property, operate a small custom cabinetry and furniture business at the far end of the bookstore, and Dorado Development proposes to use the remainder of the property for a single level office building which would provide tenancy for professional uses such as doctors, dentist, attorneys, real estate and/or insurance agencies but the C-G zoning is requested. 4. That the C-G District is described in the Zoning Ordinance, 11-2-408 B. 11 follows: jC-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a FINDINGS OF FACT & CONCLUSIONS OF LAW Page 2 building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the property is contained in a Mixed /Planned Use Development area as shown on the Generalized Land Use Map of the Meridian Comprehensive Plan. 6. That the property has frontage on Meridian Road; that Meridian Road is designated as an Entryway in the Meridian Comprehensive Plan; that the Entryway Corridors Goal Statement includes the following statement: "4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. ." 7. That sewer and water is available to the property. 8. That comments were submitted by the City Engineer and are incorporated herein as are the comments of the Meridian Fire Department, the Central District Health Department, Meridian School District, Nampa & Meridian Irrigation District, and Meridian Planning Director. Those comments are incorporated herein as if set forth in herein. 9. That Planning Director submitted two comment sheets, one date November 5, 1993 and one dated January 6, 1994; that in the November comments he stated the zone change to C-G complied with the Comprehensive Plan, that the Comprehensive Plan indicates a FINDINGS OF FACT & CONCLUSIONS OF LAW Page 3 need for service commercial in this area, and that as site development plans are prepared and submitted, the City staff will review any site designs to achieve a high quality project as called for the Comprehensive Plan; that in his January comments he stated that he had met with the Sciscoe, at the request of the Planning and Zoning Commission to discuss the C-G zoning, and it was agreed by the Sciscoe's that a C-N zone would allow them to do what they desired but would blend in better with what was already adjacent to the land; that similar discussions were not held with Dorado Development. 10. That the abutting neighbor to the north, Doris Baret, indicating that she was not sure what type of business was proposed on the property and that she desired that a fence be constructed between he property and this development. 11. That the property was recently annexed and zoned; that the requested zone was R-40. 12. T\hat the Limited Office District allows for professional offices; that Limited Office District, is set forth in 11-2-408 B 7. as follows: (L-O) Limited Office District: The purpose of the (L-0) 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. FINDINGS OF FACT & CONCLUSIONS OF LAW Page 4 13. That the allowed uses in the C-G and L-O Districts are listed in 11-2-409, and such are incorporated herein as if set forth in full. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. COIJCLUS I ONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, testimony that has been previously presented, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. FINDINGS OF FACT & CONCLUSIONS OF LAW Page 5 5. That the uses allowed in the C-G district are substantially more intensive than those allowed in the L-O district; that the Meridian zoning Ordinance allows only the listed allowed uses to be conducted in that zone. 6. That since there are various proposed uses on the land requested to be rezoned, including residential, retail, cabinetry, and offices, which are not allowed uses in all zones. i.e., residential uses are not allowed in the General Retail and Service Commercial district, it makes logical sense to zone for each proposed use rather than establish one zone that allows many intensive land uses, which may not be able to be controlled by the City; the concern of the City is that there is potential problem in zoning the property General Retail and Service Commercial and allow the proposed uses under that zone, but then have those uses change or fail and be replaced by more intensive uses allowed under that C--G zoning. 7. That it is concluded that measures need to be taken to allow the proposed uses, but limit the possibility of more intensive uses later. 8. That it is therefore concluded that the property should be rezoned to allow the uses set forth in the representations of the Applicants, but to deny the request to zone the entire parcel of property as General Retail and Service Commercial; that it is concluded that the .41 of an acres property to be used as a home and book store and cabinetry business should be divided and the parcel tonused as a residence zoned R-8, Residential, with the lot be FINDINGS OF FACT & CONCLUSIONS OF LAW Page 6 meeting the lot requirements of that zone; that the remaining portion of the .41 of an acre to be used by the Sciscoe's as a book store and cabinetry busines S ~hould be zoned C- Community 5 Business District; that the acres to be used for professional offices shall be zoned L-O, Limited Office. 9. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required; that the house has been on the property for a substantial length of time and can be allowed to continue even though the remainder of t:.~ property is zoned to commercial and limited office uses. (b) The area included in the application is not intended to be rezoned in the future, but is included in the Comprehensive Plan as a mixed and planned use area. (c) The area around the proposed zoning amendment is developed in a single family residential, multi-family residential, vacant land fashion, and substantial commercial Farther to the south and the new zoning would not be contrary to the existing uses . The land is shown in the Meridian Comprehensive Plan as a Mixed/Planned Use Development area. (d) There has been a change in the area which may dictate that the land should be rezoned, that change being its designation in the Comprehensive Plan. (e) No specific information was submitted by the Applicant regarding design, construction, operation, and overall plan for the land; that such information will have to be submitted and development controlled under a FINDINGS OF FACT & CONCLUSIONS OF LAW Page 7 design review process. (f) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood, if the conditions set forth herein are complied with. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed uses would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed uses should not involve any detrimental activity to any person's property or the general welfare. (j) Development may cause an increase in vehicular traffic and this problem would have to be addressed in the design of the area. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment should be in the best interest of City of Meridian and the area if conditions were placed on the land and the. applicant. 10. That if the property to be zoned C-N is adjacent to the property owned by Doris Baret and there will be paved parking adjacent or near her property, the design standards for off-street parking in 11-2 414 must be met, specifically including the fencing; that such design standards shall have to be met where ever the parking is located; if the Baret property will be adjacent to the home of the Sciscoe's fencing will be up to the parties involved. 11. That the Applicants, as a condition of the rezone, shall be required to meet the requirements of the 35 foot landscaped set FINDINGS OF FACT & COP3CLUSIONS OF LAW Page 8 back along Meridian Road. 12. That the Applicants must meet all of the Ordinances of the City of Meridian and all of the requirements of the Ada County Highway District. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby -e}e~-iea- a~~roves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED Q-~- COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED w~~ COMMISSIONER ALIDJANI VOTED_~~~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOI~~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the rezone Application be approved as modified above. It is further recommended that if the Applicants do not agree with these Findings of Fact and Conclusions of Law that the Application be denied. MOTION: APPROVED: ~~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 9 DATE: - , ~ ~~ ~ ~ ~ ~ MERIDIAN AGct~lDA I TEM NUMBER l AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - ~~ ~~ k~ MERIDIAN PLANN I.NG D I RECTO R - ~QQ Cam'" ~' C"'S~''~'i"'~~ CITY '-'1NCIL APPLICANT : ~~y~ tlt`.v Q.,.~~ REQUEST :. ~ yO l u CG COMMENTS• e~ cc ~ ,w ,~' ~,~~Qti, OTHER COMMENTS: RIDIAN PLANNING & ZONING DECEMBER 14~ 1993 The regular meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson: Members Present: Charles Rountree, Tim Hepper, Jim Shearer, Moe Alidjani: Others Present: Will Berg, Wayne Crookston, Wayne Forrey, Gary Smith, Clifford D. Babbitt, Frank W. Stoppello, John S. Shipley, J. G. McDermot, Lydia Aguire, Raleigh Hawe, Ira Van Elg, Dave Roylance, Marty Goldsmith: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 9, 1993: Johnson: You all have copies of the minutes and have read them are there any additions, corrections or deletions? We have a motion and a second to approve the minutes, there is a minor correction necessary on page nineteen, second paragraph, additions should be conditions under my comments there. That is the only thing of any substance that needs to be corrected. All in favor of approving the minutes with that one correction? Opposed? MOTION CARRIED: All Yea ITEM #1: PRELIMINARY PLAT (REVISED) WITH CONDITIONS STIPULATED BY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND CITY ENGINEER FOR VALERI HEIGHTS. BY VICKI WELKER: Johnson: It is my understanding we did not receive the revised Preliminary Plat so we can't act on this. Is that correct for the record? Any comments, questions? Rountree: Do you need another motion to table? Mr. chairman I make a motion we table that item until the next scheduled meeting. Shearer: Second Johnson: Moved and seconded that we table item #1 until our next regularly scheduled meeting which will be in January, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY DORADO DEVELOPMENT AND MIKE SCISCOE: Johnson: What is your pleasure? Rountree: Well we had some need for discussion, we don't have the Findings of Fact at this time. Johnson: That's right. Meridian Planning & Zoning December 14, 1993 Page 2 Rountree: The concerns I had with this particular item are identified in the minutes, but the establishment of the precedence of potential of strip development starting. to go out Meridian Road with this CG zoning. at that location. Two commercial establishments and an unknown use of residency with this zoning could very well go to a commercial use as well. It is inconsistent with our current plan I believe and definitely not consistent with our proposed Comp Plan. If you want Mr. Forrey to speak to some of those issues. Johnson: Before we get to Mr. Forrey, does anyone else have any comments? Shearer: Every project that we have and we have a public hearing on we get the negative side of everything, everybody is against all these projects. This particular project is in a mixed use zone which I would say a commercial project fits in good mixed use zone. The property completing surrounding it or almost completely surrounding the proposed property is owned by the same owner so if there is any lowering of land values it will be the same owner that will suffer those. I think that maybe government intervention is a little bit to heavy in this. I hope that these people want to do something with their land, and I think its their land and. as long as its not damaging someone else I think that we should grant it and that is my feeling. And as far as strip zoning, everyone of these projects that we have put together is going to have to stand on its own merit because we approved this one is no sign that we will approve something else. This is zoned a mixed use, or set up in the Comp Plan as a mixed use. Johnson: Thank you Mr. Shearer. Anyone else have any comments, Mr. Hepper? Hepper: Well I'm a little bit concerned about the CG also. I think the purpose the Planning and Zoning is to establish good planning. I'm not 100% sure that this falls into that category. I don't have any problems with their proposed use of a bookstore, I think that is fairly non-obtrusive, they are not going to be causing any problems, but is does set a precedent out in the area for CG. I'm worried about the CG, I'd like to. Shearer: That is mixed use, CG Hepper: Yes, but it also allows some fairly heavy commercial, so I'd like to maybe hear some other opinions on it. Johnson: Moe Meridian Planning & Zoning December 14, 1993 Page 3 Alidjani: I do have a problem with the CG zoning also. I believe Mr. Shearer indicated the individual owns all the land but that is true today and tomorrow and 5 years from now, but that might not be true 10-15 years from now and the conflict of that problem is going to exist at a different ownership some time in the future. So I will be against the CG zoning. Johnson: Okay, am I reading this that you feel this needs more study more input? Would you like to have some comments from our Planning Director at this point? Do you have anything you'd like to add to this Wayne? Forrey: Thank you Mr. Chairman, members of the Commission. During the Comprehensive Plan public hearings this was one area where citizen input asked the Commission to expand the mixed use designation. I think Mr. Raleigh Hawe brought that to the public testimony, that he felt it would be appropriate to extend that farther north than just right behind Albertson's. So the Comprehensive Plan does include this area in the mixed use land development designation. Perhaps the CN, commercial neighborhood zone, would be more appropriate. I think the commercial neighborhood would still allow the bookstore and what the owner is intending to do with the property, but if it ever sold it would place some limitations and remove maybe the negative connotation of commercial general. Maybe CN would be, if the applicant is willing, and there is also the possibility of limited office, in some cases some retail establishments can be operated in the limited office with little more restrictions but it does give some flexibility. So maybe the issue here is CG maybe the neighborhood type commercial would fit better with the mixed use plan designation in the Comp Plan. That is about the only I can offer Mr. Chairman. Johnson: Okay, thank you very much. Does anyone have any questions of Mr. Forrey on this issue? Mr. Crookston Crookston: The concern that maybe leading this situation is I think the proposed Comprehensive Plan designates this area as a mixed use area but the proposed. plan is proposed it is not active at this juncture. The current Comprehensive Plan doesn't indicate that this area is to be a mixed use are. The other concern that I heard when I discussed this matter with the commission was having the entire property zoned CG when .the use is proposed were a bookstore which make it into the CG but the Sciscoe's were going to use or proposed to use a house as a residence and that was not in line with the CG zoning and if the City ultimately zoned it CG the house can be used as a house for a day or 5 years and then can be Meridian Planning & Zoning December 14, 1993 Page 4 converted to any other use, any other commercial use. I'm not sure that the CG zoning itself is appropriate to place a residence into that zoning because our. Ordinances now are not a step, not inclusive of everything below it in that zone. Just because commercial is allowed does not mean that residential is allowed in that zone. That was just the comments that I heard in discussing the matter of the Findings of Fact. Shearer: Would a CN allow that? Crookston: No Johnson: Wayne, briefly, would address the reason you did not prepare Findings of Fact and Conclusions of law then. Crookston: The reason was there was a feeling that this particular application and the entire area needed to be discussed further to see if that what the commission wanted to do not only with this application but in that area since there was some feeling that this tended or would tend to lead to strip commercial down Meridian Road and there is also the requirement in the proposed plan about the landscaping necessary along Meridian Road or into any entrances into the City. Johnson: When you say the feeling you are talking about the feeling of the commissioners? Okay, for the record. I appreciate that, thank you. I would suggest that the call on this is probably to table this for further study at this point, unless someone .else has another suggestion. Rountree: Would that entail the City Planner to evaluate the potential CG, CN and maybe Limited Office use. Johnson: It could include anything in there you want it to include. Rountree: Are we talking about that in terms of a study or are you wanting us to sit down and look at it? Do you want a motion? Johnson: I want a motion that makes you happy, whatever makes you happy. I think we don't have any common ground, we don't have a lot of common ground here other than things that are negative. Probably the best thing we should do at this time is to look at it further and involve Wayne Forrey. Rountree: Mr. Chairman, I make a motion that we direct the City Planner to evaluate the requested zoning change further with Meridian Planning & Zoning December 14, 1993 Page 5 respect to the CG, CN or office space zoning categories and provide the commission- with an evaluation of the potential effects how they relate to the existing Comp Plan and potential problems that might result with the future Comp Plan and present a recommendation to the commission next meeting. Johnson: That was a motion. Hepper: Second Johnson: We have a motion on the floor and a second, so stated all in favor of that motion then? Opposed? MOTION CARRIED: All Yea Johnson: Wayne would you be willing to provide us with a short written document on those items that Mr. Rountree wanted addressed, thank you. ITEM #3: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT WITH A PRELIMINARY PLAT FOR KING STREET STATION SUBDIVISION BY D.J. INVESTMENTS AND BRIGGS ENGINEERING: Johnson: This is a public hearing, I'll now open the public hearing is there a representative from the applicant that would like to come forward, or the applicant himself and address the commission. You need to be sworn by the City attorney please. Ira Van Elg, 2408 Squire Drive, Boise, was sworn by the Attorney. Van Elg: Thank you, I'm here to represent D.J. Investments on behalf of King Street Station. This is a unique application for Meridian. You probably can't see this picture, many of you may have seen it as you were coming up to your chairs. We do have a rendering of the proposed subdivision. This subdivision involves the development of an Old Town Section of Meridian zoned OT, which encourages a variety mix of uses including medium to high density residential development. This application has a proposal that contains 20 townhouse type units, they come in clusters of 4. There have been since we met and submitted the application we have met with the Highway District and drawn up some modifications to the plan to accommodate the Highway District requirements. As you can see one of the requirements from the Highway District was that William Street not be connected to Meridian Road, so we have tried to accommodate that. We have connected Williams Street to the project as a secondary access. The improved service will be 24 feet wide there. The other requirement or request that the Highway District had was that we taper and widen Meridian Road to allow for ~",~ ~ ~(, 19 q 3 DATE: MERIDIAN PLANNING ) ZONING AGENDA I TEM NUMBER ~ APPLICANT : UC7lQ~~ ~Q/L~ / AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - COMMENTS• ~~ _ ,Q~ S i ~a ~~Ycl~~ ~ ~ ~ ~e~eV ~~~'- ~.. OTHER COMMENTS• Planning and Zoning November 9, 1993 Page 9 Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopt and approves these Findings of Fact and Conclusions. Shearer: I'll second Johnson: A motion and a second for approval, Roll Call Vote. Roll Call Vote: Hepper: Yea, Rountree: Yea, Shearer: Yea, Alidjani: Yea MOTION CARRIED: All Yea Johnson: Any recommendations to the City Council? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the applicant and owners be specifically required to the all ditches, canals, and waterways as a condition of the annexation and that the applicant meet all of the Ordinances of the City of Meridian specifically including. the development time requirements and the required development agreement and the conditions of these Findings of Law, and if the conditions are not met to be de- annexed. Rountree: Second Johnson: A motion and a second for the recommendation to the City Council so stated, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #4: PUBLIC HEARING: REQUEST FOR REZONE FROM R-40 TO GENERAL ~' COMMERCIAL (CG) BY DORADO DEVELOPMENT CO./MICHAEL AND CYNTHIA SCISCOE: Johnson: I'll now open the public hearing, is there a representative for the applicant, or the applicant that would like to come forward and address the Commission, please do so at this time. You will need to be sworn, state your name and address. Mike Sciscoe, 1711 North 30th, Boise, was sworn by the Attorney. Sciscoe: We are looking at getting that corner lot out there as stated in the zoning request change from R-40 to CG, the property Planning and Zoning November 9, 1993 Page 10 to the north is already CG, and we're looking, the Sciscoe's personally, are looking at the .41 acre lot that is on the inside of .95 acre that is looking a t being rezoned that is now R-40. We have a small bookstore that we would like to expand, and we were looking to move into the Meridian area since we lived here approximately 16 years ago. We are wanting to get back, we have been in Boise this whole time. We have a small store now but like I say we need to expand that store so that we can do more business, we have traffic to the store its approximately an average of 3 customers a day, it is cyclical though most of our business is in the summer, I would say from April to September we do a little more business. -We are expanding the market by doing more mail order business on a regional basis, so it won't increase the traffic levels to any large amount but we are basically looking for the space in a residence for ourselves in this area. Johnson: Okay, thank you, any questions for the applicant Mr. Sciscoe? Wayne Crookston Crookston: I just need a little clarification, where is your property in relation to the apartments that are in that area? Sciscoe: From James Court, the south side of James court, to the north on the front of Meridian, its about 177 feet in from the corner in from James Court, Meridian Road, north of that is where our property begins. Shearer: That is that large home that is there, it was an engineering office for a while. Sciscoe: The Ambrose, the old Ambrose house. No they are just to the north of us we are south of them. There is a small, 1800 square foot brick house there now on a half acre. Crookston: Maybe you don't know this, but when that property was zoned or annexed and zoned to R-40 they proposed an apartment type development also, is that right? Sciscoe: Dorado? Yes they did. Crookston: Where then are they going to get access to Meridian Road to their development? Sciscoe: I believe they are going to be coming up James Court, is what the plan is, I'm not, Bob Angell's wa going to try and make it here tonight too, are you here Bob, maybe he would be better to address those questions regarding the development of that property. Planning and Zoning November 9, 1993 Page 11 Crookston: Are you going to testify? Angell: Yes sir. Crookston: I'll wait to ask him. Johnson: Anyone else have any questions? Hepper: Have you seen the comments by the Ada County Highway Department? Sciscoe: Yes, I have, and I'm not sure how much of those are directed towards us as it would be toward Dorado with the larger development. We're basically a small family owned business, and our family is the only one's involved i running it at this time. Hepper: That is why I was wondering if you had seen it, because there was, you know I don't seem to have it right here. Shearer: I can't seem to find it either. Hepper: Yes, some of the requirements, traffic impact study and easements and taking our curb cuts and adding curb cuts. Sciscoe: Right now there are two curb cuts right now on our property, one because there is an attached single car garage and there is a detached double car, there is two cuts for ours already, within the area we are talking about. Hepper: Anyway, you don't have a problem with Ada County's requirements? Sciscoe: As far as I have been able to interpret it no, and I will need some clarifications as we get deeper into it, but we are willing to work with everybody and getting this worked out. Hepper: That is what we all like to here. Johnson: Okay, any other questions for Mr. Sciscoe? Okay, thank you, public hearing, anyone else like to come before the Commission? You need to be sworn, state your name and address please sir. Bob Angell, 35 Horizon Drive, Boise, was sworn by the Attorney. Angell: Perhaps I could clarify and add a little bit, from the time that, and obviously we are familiar with he requirements set forth by the City and Ada County Highway Department regarding this entire parcel which at the time of rezoning was approximately 7.6 Planning and Zoning November 9, 1993 Page 15 Johnson: Well, if you have any other questions feel free to ask. Baret: Any other questions? Johnson: I don't think so. Anyone else from the public like to come forward. Well, Wayne if you would elaborate for the record a little on your letter I would like even though your letter is a matter of record, why this area was designated in the Comprehensive Plan as mixed use and also about reviewing any site plans. Forrey: Mr. Chairman, members of the Commission, during the public comments on the Comprehensive Plan the area behind Albertson's as it was referred to was generally regarded as an area where there should be good planning and site planning. In the Comprehensive Plan we identified a mixed use concept, mixed planned use development as its referred in the Comprehensive Plan as a way to address these issues where you have different uses together in the same area and this is an area where we had a commercial development on the south existing commercial development, Mrs. Baret's property, the lady that just addressed the Commission, she is zoned Commercial General, I guess it was formerly used as an office, across the street is a quality residential neighborhood, there are apartments in the area, so it was an appropriate designation not necessarily the specific land use but rather does it blend and mix and is it compatible from a site planning standpoint from all of those uses, so I think the key here is if this is approved by the Commission and by the Council and rezoned the key is good analysis by the City on compliance with out Ordinance in terms of the screening, the fencing, the landscaping the access, signage, those types of things are perhaps as critical as the question of zone. We are updating the Zoning Ordinance, and its possible that when Mr. Sciscoe or Dorado submit building plans to the City that we may very well have new requirements for landscaping, signage, etc. , but I can assure if they submit today we'll evaluate it very thoroughly against our existing Ordinance. Especially in light of the development agreement authority that you have on a zone change in our current Zoning Ordinance. I do believe this zone change complies with our current Comprehensive Plan and our proposed Comprehensive Plan and its in a specific area that we had public testimony on encouraging a mix of uses as long as everyone is well planned and coordinated. I hope that helps. Johnson: That does help, it helps the public and I appreciate that. Just one minute we need to change the tape. Shearer: I don't believe the Ordinance currently addresses this screen between commercial and commercial. Forrey: No it does not Planning and Zoning November 9, 1993 Page 16 Shearer: Which we're, which this screen that is being discussed Forrey: That is correct it directly says commercial shall screen itself from an adjoining residential use. Shearer: But both of these are commercial. Johnson: Which kind of leaves them to fend for themselves, really what it boils down to. Shearer: Which our new Ordinance I assume is going to address. Forrey: Definitely it does Shearer: When and if Johnson: It is almost if. Okay, any other comments? Rountree: I've got a question I guess specific to an action we took earlier tonight in our proposed Comp Plan, which identifies as corridors one of the entrance corridors into the City with the setback requirements for landscape for future development, it seems I'm not suggesting that the intent is here, but this would be a way to circumnavigate that emphasis in our Comp Plan by rezoning the frontage property into small lots that can't accommodate the wide landscape buffer and then develop the further inward properties into whatever the existing zoning is, I guess that's a concern I see with the rezone of that frontage property and such a narrow band. Forrey: Given the scale, the larger the scale the greater. opportunity we have for a better entrance; the smaller the opportunity, that is a good point, correct. You know we have an opportunity in the current Zoning Ordinance to require a development agreement as part of a zone change. I forget the citation I think it 417, I can look it up and that maybe is and item where we can attach to any rezone that the frontage along Meridian Road be landscaped to at least have that landscaped theme because it an entrance to the City. Johnson: That's a good point Charlie. Anything else of Mr. Forrey, if not I thank you for your comments. Anyone else from the public like to come forward, anyone else who has testified that has a question they want clarified further, still confused, maybe not confused just more clarification? Seeing no one and hearing nothing then I will close the public hearing at this time. This would require a preparation of Findings of Fact and Conclusions of Law. Planning and Zoning November 9, 1993 Page 17 Shearer: Are you looking for a motion? Johnson: If you so desire, I need to lead by the hand. Shearer: I move that we have the Attorney prepare Findings of Fact and Conclusions of Law for this project. Rountree: Second Johnson: For the Rezone right? We have a motion for Findings of Fact and Conclusions of Law and a second, all in favor? Opposed? MOTION CARRIED: All Yea Johnson: Thank you for testifying. I have one other item I just want to throw out at you and put in ont he record before we close and then we can see if anyone else has any other comments. With the help of the City and Patsy Fedrizzi who is doing some work for the City specifically I've been looking at some landscape Ordinances of other Cities, I think I've looked at 8 total and tried to compare ours as much as I could to theirs . In most of instances I don't think our Ordinance is very good, it is better than some, but it certainly is not as good as several that I've looked and I have only looked at like I say 8 cities north to south and some of our neighboring cities. I think our Ordinance needs some work and so does Wayne and some other people. I'm not one for copying somebody else's Ordinance cause I think you have to come up with something that is pertinent to your own environment, your own community, but I don't see any shortcuts to put anything together without a workshop. I would like to get some material to you people and have you review it and get some comments back from you so we can begin the process of revamping that Ordinance with a little more specific. Right now it doesn't work because its rather vague and its not very specific in some areas. It lends itself to be abused, and it has been used as a matter of record. You know we don't designate for example types of trees, species most Ordinances do because depending on where you live they have withstand the drought situation or whatever. In addition to that the size is lacking, types of shrubbery that sort of thing how far the setbacks are what concessions you make. You know to encourage landscaping is another thing, most of the other Ordinances approach it from kinds of a trade off position, if you are doing, for example, landscape on off street parking they maybe will give up 5 feet of the Ordinance requirement for setback if that is replaced by landscaping and the landscaping is specifically laid out as to how it is to be designed, how it is to be maintained is another thing which our Ordinance doesn't address. So we really need to do ~, ig93 DATE: MERIDIAN PLANNING ) ZONING AGENDA ITEM NUMBER ~ APPLICANT: ~' REGtUEST : . _y ~ fit, p~S C G AGENCY COMMENTS: ~C r ~ ~ MERIDIAN POLICE - 1 ( jl'~ MERIDIAN F IRE DEPT. - ~ `~V MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - ~ ~;,~~ NAMPA MERIDIAN IRRIGATION - ~- SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATIDN - MERIDIAN CITY ATTORNEY - MERIDIAN PLANN I.NG D I RECTO R - Se~Q d,^I"T~CYI~P~ ~owtn~Ql~ OTHER COMMENTS: HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Cierk JANICE GASS, Treasurer BRUCE 0. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., Cily Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-48 ] 3 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coortllnator PATSY FEDRIZZI Memorandum To: Meridian Planning and Zoning Commission and City Co>.mcil From: Wayne S. Forrey, AICP -Planning Director Date: November 5 199 IN 3 Regarding :Request for Zone Change from R-4D to General Retail & Service Commercial (C-G) by Dorado Development plus Michael and Cynthia Sciscoe. Zone change and land use request of C-G complies with the current and ;proposed Comprehensive Plan. This site is within. the Mixed Planned L7se Development Land Use designation as described in the .proposed Comprehensive Plan. The proposed Comprehensive Plan indicates>a need fore service commercial facilities in this -.area. All public services are available or within reasonable service areas for extension. This request is for zone change only: This property is a smallportion of a larger parcel that was recently annexed as R-40 to allow an apartment complex. As the site improvement plans are prepared and submitted, :City sta#~' will review and approve any site designs to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. HUB OF TREASURE VALLF OFFICIALS WAYNE S. FORREY. AICP, City Clerk JANICE GASS. Treasurer BRUCE 0. STUART, Water works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GOROON, Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERID 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor I • ~ (L,4 T ; G ~•~~•~ COUNCILMEN ""'~ RONALD R. TOLSM< AN_ ~ _ ~" j ROBERT GIESLER C: 1 iy 1.; i~ ;7 i.,, a'..ii Ji ~ t ::~ MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning b Planr JIM JOHNSON Centennial Cooroinatc PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that >~our co ments and recommendations will be considered by the Meridian -~ ~,,,,~~ S ma>~ we have your answer by : q 3 ' TRANSMITTAL DA Tr : ~S• 1 NEARING DATE: ~ovewt~r 9 lgg3 REQUEST : r~C Zon t~ i`~- 4~ ~ ~ Cp-~,..~.p~ ~11 gyn. CcG~ BY : ~rGG ~ ~ e.lo~,wl .,, a 1 ~'1 i .h0. ~ anal- C~n-~h; q Sc : c~.,,o LOCATION OF PROPERTY OR nee r-#~. off' C'~,p~-,.., I.~ JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z -.CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX~YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER PROJECT = - 22 i1 ~ Yl~ , 1~f'.r`; 'iQr~ ~~ ~ ale,{- . c1 ' a MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CQ ,(PRELIM AND FINAL PLATS) U:S WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL FLATS) CITY FILES OTHER: /~~ ~~~ ~~ S YOUR CONCIS1E RE~H~ARKS: n?.~~; ~J/:;av~,~~ ,(~%:~~- ~~ I ~rNl TKr..r(C ~~~S~IL~r'~..1 (fit ~L /L!-~~t~l' ~ ("' m.,?z -f- f~ L L C L !'~ ~ ~=~-c-~ti is 7 ~ pa o ~ Sl-lcF~ ~~R EXCEL! 2 ~n ~~~~~ Q ~~ ~ 0 °,J -- 3 ;~~c~ SUPERINTENDENT OF SCHOOLS Bob L.. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance i;< Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 • PHONE(208)888-6701 November 2, 1993 City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE: Dorado Development Co. Dear Councilmen: I have reviewed the application for Dorado Development Co. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a`~development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, a--~/~- an Mabe, Deputy Superintendent DM:gr :. ~) .. >) iri - a ~. ~' ^ N .a. - o. 1 - ^ - 'n v t. ~ ^) iJ. ~~ m :n ..: 1v ~ iti a t Y• ~ m a ^. ~~ ~] m ~ lJ n t I O U i. r .[ r S1- r ~~ [L 6. O awl :_ a i. - , ° ^] .= rn ty .a' [•. tM1 %~. 3. iy A 3 W tN P N -k N .. - .... ~. :r u ~• U S ~Z U _ [ v i W L tJ] r•- W S to I- p W = tf] •. 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F , 1 7 a- a ~ a D T Ill S [ti a• '! ,n ~.[] tli l~ T . .L m YJ 1 I - I 1-. 11 n i ] n 11 C I ~ ~ N CO tD 1. ' 6 U - t` f ~ 11 tL 2 .-. tr] .2 ~ ~ I 11 c u r N d I ... _ ~ ^. - In 1 .~ - .-. r] u In - . '~ u 1 P w u . ~ I ii G c• ~ ta. ' n i 1 1 1 1 -. 1 ~ ^ m °• v) _. a '~ .[ = - - ^, u ii [-"] 1 to 1, ~ u n .er v ~' 4 U t 1 In Y C. .> .. L ~ 1n ~ ~ u _ 1.. ~ t~ u m C ry _ ~ o u - - P n ~ .y t11 .-. . ~ -1.1 . In o- , . - a o- .u .r i r- : n 1u am• , ) ' In n - .~ Y ~ to -• °• Cn 3:' ~ .L L'J 'A x a -l to c [~ o _ s u I., . 01 IJ-) ,u to o `+ ~ i u ,n " _ - -• ~. ,.1 ~~ - J . , o nJ tv a 4 _ _ s _ ,n T - ~Y "= ul ~. 11 S ' ~ T - a.u •~ t7 _ T _. • (~ . u; s s. ° .1. _ ~i . _. . 1, .. ~~~~,~`~ ~..~ ~... ,., November 3, 1993 T0: Michael & Cynthia Sciscoe Dorado Development Co Inc 1711 N 30th Boise ID 83703 FROM: Larry Sale, Supervisor Development Services SUBJECT: MERIDIAN REZONE -MERIDIAN N/O JAMES R40 to CG Your application for the above referenced project was approved by the Commissioners of the Ada County Highway District on November 3, 1993. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. `, - r cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary T?NTER-DEPARTMENT CORRESPONDENCE MERRZMER/DSTECH 11-3-93 TO: ACRD Commission DATE: October 28, 1993 FROM: Development Services SUBJECT: Meridian Rezone Meridian n/o James R40 to CG (Applicant - Dorado Development Co., Inc./Michael & Cynthia Sciscoe, 1711 N. 30th St., Boise, ID 83703) (Representative - Michael Sciscoe, same address) FACTS & FINDINGS: 1. Michael and Cynthia Sciscoe are requesting a rezone from R-40 to CG for 1.0 acre of property located at the northeast corner of Meridian Road and James Court. The requested zoning desig- nation of CG (General Commercial) will allow construction of an office building on the site. This site is a part of a larger area that was annexed into the City of Meridian this year with a zoning of R40 to allow devel- opment of a multi-family residential housing project. The District placed a requirement for a traffic study (not submit- ~~ ted yet) on the plat approval for Bridgewood Park and may be requiring that James Court be upgraded to a public collector street. 2. reridian Road currently has b0-feet of right-of-way and is fully improved with a 41-foot street section. The street was reconstructed in 1992 and no pavement cuts will be allowed without Commission approval. The 2000 Urban Functional Street Classification Map designates Meridian as a minor arterial roadway. The District requires a minimum of 90-feet of right-of-way on arterials in an urban impact area, width sufficient for 5 traffic lanes, 5-foot sidewalks, and bicycle pathways. The ultimate right-of-way will be acquired when a specific development plan is submitted. 3. James Court .is a. private street on an easement that is im- proved with a curb along the south side and 20-feet of pav- ing. The approach at Meridian Road is 24-feet wide and is too ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUGER, Secretary ~~[eridian Rezone M~ idian n/o James R40 to October 28, 1993 Fage 2 narrow to handle the potential traffic from a proposed 80-unit subdivision (Bridgewood Park) at the east end. of the street along with the e:~isting apartment complex (50 living units access ;Tames Court), and also whatever may be built on subject property (assuming it takes access to this street). 4. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on November 9, 1993. If the rezone is approved and. development proceeds, the District will provide the following recommendations to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REOUIREMENTS: 1. Submit a Traffic Impact Study to the D.strict. Coordinate with Traffic Services Department prior to beginning the study. Additional requirements may be imposed pending the findings of the study and any design engineering work accom- plished prior to the District's review and approval of the study is entirely at the risk of the applicant.. 2. Dedicate 45-feet of right-of-way from the centerline of Meridi- an abutting parcel (15 additional feet). The owner will. be compensated for this additional right-of-way from available impact fee revenues in this. benefit zone. 3. Utility street cuts in the. new pavement on Meridian Road will not be allowed unless approved by .the District Commission. 4. Access to Meridian Road and. James Court will be restricted. Coordinate with District staff prior to submitting a specific development plan. 5. Replace unused curb cuts on Meridian Road with standard curb, gutter and sidewalk. 6. Provide a minimum of 40-feet of right-of-way and a 41-foot street section on James Court from Meridian Road to the east- ern boundary of subject parcel. Reconstruct the existing roadway section to District standards. The existing curb and 4-foot sidewalk may be retained. STANDARD REQUIREMENTS: 7. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. • .•Ieridian Rezone M •idiar. z1/o James R4Q to "` October 28, 1993 -,aae ?. ri`dicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- ~.ies . g. ~pecifi.cations, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer cr Professional Land Surveyor, in compliance with ?daho Ccde, Section 54-1215. 10. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. il. Locate obstructions futility facilities, irrigation and drain- age appurtenances, etc.l outside of the proposed street im- ~~~rovements. Authorization. for relocations shall be obtained from the appropriate entity. 1_~. Continue existing irrigation and drainage sl,~sterts across par- cel. 13. Submit. three sets of street construction plans to the District. for review and appropriate action. 14. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage. system shall conform to the. requirements. of the City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage. easement set aside specif- ically for that use. '"here shall be no trees, fences, bushes, sh~:ds, or othervaluable amenities placed in said easement. 1.5. Provide design data. for proposed access to public streets for review and appropriate action by ACRD. 16. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 17. install a stop sign on every unsignalized approacYi ~~f a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 18. Aright-of-way permit must be obtained. from ACRD for all street and utility construction caithin the public right-of- CENTRAL A'~ ~~+ ^ :: ~ ; Y 1^^ HU~ILTH .Return to: q~ ~''~ ~~ ~~ : Boise DEPARTMENT - ~ ;,:.:.a ^ ~, :, ,,.,.....;~:~ ^ Eagle ~' REVIEW SHEET '~'' `~~ ~V'LYV"~~~~~~~ ^GardenCity Rezone # ~~D ~ C~• ~= - Meridian Conditional Use # Kuna Preliminary/,~F7inal/Sho77~~rt~yP, lat ,y / / ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic 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 condit~ns on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: '~ Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ ^ Beverage establishment ^ Swimming pools or spas ^ Child Care Center Grocery store ^ 13. DATE: a~~J / /~ Reviewed by: O.~ ~~~ CDHD 10-91 rcb HUB OF TREASURE VA1.LI ~ ~ ~ ~ z '~' OFFICIALS A Good Place to Live r v ~' ~ ' ~ ~~~~ CDUNCI:MEN WAYNE S. FORREY, AICP, City Cierk Treasurer JANICE GASS RONALD R. TOLSMA CITY OF MERIDIA ' ' ' , . BRUCE D. STUART, Water Works Supt. / . "- ? ; * ; • 3+"•.? ~ r~iOBEAT GIESLER ? ~ '~ ~"}'. is"~~~'~'^~ ~:1: AXYERRINGTON WAYNE G. CROOKSTON, JR., Attorney JOHN sHAwcaoFr. Waste Water supt. 33 EAST IDAHO ~n 22 pp ROBEAT D. CORRIE KENNY BOWERS. Fire Chief MERIDIAN IDAHO 83642 + Chairman Zoninq 6 Plann W L~~~~ V ~© HILL GORDON. Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH. P.E.. City Engineer FAX (208) 887813 a ~ o ~ j ,g ~~ Centennial Coordinator GRANT P. KINGSFORD ~ PATSY FEDRIZZI Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERID IAN To insure that your co ments and recommendations will be considered by the Meridian~~ ~ Co w~~S , may we hive your an.^wer hy: A~~ ~/F+j-, _„_~~ U. D ~ TRANSMITTAL DATE: ~-~-~I_'~ <ti-'--'~-- Q1` 1 ~ ~~~y,~ }iE~RING DATE ~olJeh~~21' ~J )gg3. REQUEST : ~ ZOh P ~tJ wt t1' E'IO '~ eiv~ .ran ~ Cpv>,,w.e/` i 4. ~ l C G~ BY = WrGG 6 U2V ~~~~ "'t~ ~ tt7'1 1 ~0.P~ O a ~ ~, S n w~ ~111 4 C ~ Gp~ S LOCATION OF PROPERTY OR .<.: , ,, PROJECT Z21 ~ ''y.. m~;(~1Ar~ ~a( IJD f`~'~'~ 0~ l..~P~rv ~' ova ~'Y1P.{'i G i ('t ~ ~~ JIM JOHNSON P/Z ` NERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDfAN POST OFFIGE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA GOUNTY HIGHWAY DISTRICT :.. _ -CHARLES ROUNTREE, P/Z _ ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HfAITH GRANT KINGSFORD, MAYOR ,,. NAMPA MERIDIAN IRR..DISTRICT RONALD TOLSMA, C/C ~=tTLEac IRPIGATION DISTPTCT BOB CORRIE, C/C IDANO POWER CO°.-(PRELIM AND FINAL PLATS) BOB GIESLER, C/C U:~S~~WEST (PRELIM AND FINAL PLATS) MAX-YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on the rezone for CITY ATTORNEY ora o evelopment Co. Michael and Cynthia GARY SMITH, P.E. ENGINEER Sciscoe at 2210 North Meridian Road. WAYNE FORREY, AICP, PLANNER Bill HPnSr)n Fnraman , Nampa & Meridian Irrigation District ~~~s.~~rli ~J OAT 2 9 -ti~3 + a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 8 October 19 9 3 Phones: Area Code 208 OFFICE: Nampa 466-7861 BOb Angell Boise 343-1884 Dorado Development CO . , IriC . SHOP: Nampo 466-0663 P . O . BOX 2 66 6 Boise 345-2431 Boise, ID 83701 RE: Land Use Change Application for Michael & Cynthia Sciscoe Dear Mr. Angell: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You are also being sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Michael & Cynthia Sciscoe City of Meridian ,'"f ~- ~ ' - - - APPROXIMATE IRRIGABLE ACRES _._., _, RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 OFFICIALS WAYNE S. FORREY. AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART. Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E.. City Engineer Y .tdian -4 Cow, S , ma>~ we have your answer by: q TRANSMITTAL DATE : ~-~~jQ~- ~5 j~q~ HEr'aRING DATE : ~ye-,~~ °f , )9g3 REQUEST: ~ ZO~P ~Ow~ 1`1' 4~ "'~ eA'1 ~a- ~ C.pn+,.~p~C14.~ ~CG~ BY : _~r(5.G d U2,V eJ~OD-~1Q n ( 1~'1 f P~0.~ art , 1_.d11~; 4 LOCATION OF PROPERTY OR PROJECT : ZZ7 ~ -'J . ~P•r;[~~Q.• ~d( ~ d r-N~ c~' ~e~r r v ~. O ~ ryler~; c1 ~ a ~ '~rl JIM JOHNSON P/Z ` MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z -MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/I ADA CBUNTY HIGHWAY DISTRICT ;:., CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT NEAITH GRANT KINGSfORD, MAYOR NAMPA MERIDIAN IRR..OISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION-DISTRICT BOB CORRIE, C/C IDAHO POWER-CQ`~(PRELIM AND FINAL PLATS) BOB GIESLER, C/C ~°tl 5 WEST (PRELIM ANO FINAL PLATS) MAX~YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT, BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS:~_ ~ /1 POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~~~ HUB OF TREASURE VALLEh ,~ A Good Place to Live CITY OF MERIDIAl~T ' ~ 3393 COUNCILMEN RONALD R. TOLSMA 33 EAST IDAHO CITY ~ ;r ~ ~_~~_~ ~~ ~ ROBEATGIESLEA MAXYERRINGTON ROBERT D. CORRIE MERIDIAN, IDAHO 83642 Phone (208) 888433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Chairman Zoning ~ Planr JIM JOHNSON Centennial Coordinate PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered b the Mere NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and 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 March 1, 1994 for the purpose of reviewing and considering the Application of dorado Development/Michael & Cynthia Sciscoe for annexation and zoning of approximatley .95 acres of land located in the Section 6, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on 2210 North Meridian Road. the Application requests rezone from R-40 to R-8, C-C, L-O. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available far 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 9th day of February 1994. WILLIAM G. BERG, JR. , Y ERK LEGAL DESCRIPTION OF PROPERTY Commencing at the section corner common to Sections 6 and 7 Township 3 North, Range 1 East, and Sections 1 and 12, Township 3 North, Range 1 West, Boise Meridian, thence North 00 degrees 25'30" West, 2141.22 feet to a point on the section line and on the center line of North Meridian Road, thence North 89 degrees 34'30" east, 30.00 feet to a 1/2 inch steel-pin with a plastic cap on the Easterly Right-of-Way of said North Meridian Road, thence, South 00 degrees 25'30" East, 42.15 feet along said Easterly Right-of-Way of North Meridian Road, said point being the REAL POINT OF BEGINNING, thence, South 89 degrees 43'16" East, 135.02 feet to a 1/2 inch steel pin with a plastic cap, thence South 00 degrees 53'00" East, 131.03 feet to a 1/2 inch steel pin with a plastic cap, thence South 00 degrees 53'00" West 174.15 feet more or less, thence South 88 degrees 06'58" West 132.13 feet more or less, to a 1/2 inch steel pin on said Easterly Right-of-Way of North Meridian Road, thence North 00 degrees 25'30" West, 177.15 feet along said Easterly Right-of-Way of North Meridian Road to a 1/2 inch steel pin with a plastic cap, thence North 00 degrees 25'30" West, 135.00 feet along said Easterly Right-of-Way of North Meridian Road to the REAL POINT OF BEGINNING. I~s'~o ~ ~; Sc.oe ~ez~ne 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 December 21, 1993, for the purpose of reviewing and considering the Application of Dorado Deveoplment/Michael & Cynthia Sciscoe for annexation and zoning of approximately .95 acres of land located in the Sec. 6, T. 3 N, R. 1 E Boise-Meridian, Ada County, Idaho, and which property is generally located on 2210 N Meridian Road. The Application requests rezone from R-40 to CG. A more particular legal description of the above propertX 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 6th day of D cember 1993. G._.___.• ~ p~~L, ~ William G. Berg, Jr., 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 Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on November 9, 1993, for the purpose of reviewing and considering the Application of Dorado Deveoplment/Michael & Cynthia Sciscoe for annexation and zoning of approximately .95 acres of land located in the Sec. 6, T. 3 N, R. 1 E Boise-Meridian, Ada County, Idaho, and which property is generally located on 2210 N Meridian Road. The Application requests rezone from R-40 to CG. A more particular legal description of the above propertK 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 15th day of ctober 1993. William G. Berg, Jr., City Clerk HUB OF TREASURE VALLEY- A Good Place to Live OFFICIALS COUNCILMEN WAYNE S.FORREY.OICP,CityClerk CITY OF MERIDIAN R A JANICE GASS. Treasurer ROBERTGESLER BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR.. Attorney ROBERT 0. CORRIE JOHN sHAwcROFT, waste water soul. MERIDIAN, IDAHO 83642 Chairman Zoning & Plane. KENNY BOWERS. Fire Chief BILL GORDON, Police Chief Phone (208) 888j3433 JIM JOHNSON GARY SMITH, P.E.. City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your co meets and recommendations will be considered by the M=?ridian~ ~ Cow~~ S , may we have your answer by: Q 3 TRANSMITTAL DATF:~~'~~Q,~~S~ HEARING DATE: ~oyewti~' 9,189'3 r REQUEST : h P ~'O /~ w~ ~ ~ 4~ '~ is~2~/`0. ~ ~.O-~+~»1e.~` ~ 1 q.. ~ C C G~ BY : ~rC-~ d U2.V e/~O~ wt~~j . f! tlYl 1 P~0.2~ (lr-~~ ' C~ 11~h, q SC i.$ GOQ LOCATION OF PROPERTY OR RROJELT : ZZ I O ~ • 1'y1P,~r;(~iQ.• ~[]~ ~D t`~ 0~ L.Y1P~-I~i/ ~ OY~ weir' i C~ i [~ rL ~~ JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HfAL1H GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR.:DISTRICT RONALD iOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER.-CO"r(PRELIM AND FINAL PLATS} BOB GIESLER, C/C -tl S:-WEST (PRELIM AND FINAL PLATS) MAX~YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECtAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER; FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N/A (PROPOSED NAME OF SUBDIVISION) 2210 N. Meridian Road ~. (GENERAL LOCATION) ~ Legal Attached 1 (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Dorado Development Co , Inc - Rnh Angell 344-6511 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) 168 N. Ninth St., Suite 250, Box 2666, Boise, ID 83701 (ADDRESS) Dorado Development Co./Michael and Cynthia Sciscoe (345-1343) (APPLICANT) (NAME) (TELEPHONE N0.) See above /1711 No 30th, Boise, T1) ~~~n~ (ADDRESS) N/A (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) N/A (ADDRESS) Clty of M ri r1i an --- (JURISDICTION(S) REQUIRING APPROVAL) Commercial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 .95 approx. ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) THESE ARE ITEMS NEEDED FOR ANNEXATION & ZONING REQUESTS 1. Name, address and phone number of applicant; 2. Name, address and phone number of owner of subject property, and proof of title in said owner; 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not . requested by the titled owner; ` 4. Legal description of property; 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6. Present land use; 7 . Proposed l and use; wez ~~~v 8. Present district; 9. Proposed district; ~'~ ~. Characteristics of subject property which make the zoning ~~~~ amendment desirable; .;'(li~. Necessity or desirability of development pertaining to the ~ zoning amendment and its harmony with adjacent development; p~~' ~~ 12 . One ( 1 } map of scal a one ( 1 ) inch equal s one hundred (100 ) ~~ ~r~P^~ feet of the property concerning the zoning amendment; 13. Thirty (30) copies of a vicinity map of a scale of one (i) inch equals three hundred (300) feet; ~r~'I 14. A list of the mailing addresses of all property owners, from ~`` PbPJ~ J~, authent i c tax records of Ada County, who are wi thi n three ~`~A sv~` v hundred (300) feet of the external boundaries of the land P~ h~e,~S being considered, and all property owners included within the `oaf ~ property being considered; v ~ ~~v>~es`~rc i~ NSA statement of how the proposed zoning amendment related to ~ ~"' ~ pl~e ~P , the Meridian Comprehensive P 1 an; u a ~~c p4~d.Ga~~ 16. A fee as established by the Council; Less than 1 acre = ~~`~ $400.00; Over 1 acre $400.00 + $15.00 per acre over portion a~~ ~~" thereof . In addition to above fee applicant shal 1 pay cost ~ ~~r"" of certified mailings at rate of $1.29 per notice. 17. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a~signed affidavit that this has been done as part of the application. DORADO DEVELOPMENT COMPANY ~208- 344-651 1 Fax (208) 345-6321 October 14, 1993 City of Meridian City Hall Meridian, Idaho Rczcn~. RE: Request Gentlemen: P.O. Box 2666 Boise, Idaho 83701 By the attached Affidavit of Legal Interest, I hereby grant to Michael Sciscoe the right to apply and represent our interest, on a rezoning application to the property owned by Dorado Development Company in Meridian, Idaho, a legal description of which is attached as well. I also address items 10. and 11. to the questionnaire as follows: 10. The characteristic which makes this zoning amendment desirable includes the fact that this parcel, currently zoned R-15, will serve as a necessary buffer between North Meridian Road and the approximate 6 acre parcel to the east, also zoned R-15, which will in the future be utilized for multi-family development. In addition, its frontage on North Meridian Road and access from James Court Lane make it a natural site for commercial development. 11. The area to the south of the subject property is retail and consists of the Cherry Shopping Center. The immediate area to the south consists of a low income apartment project. It is forecasted that like property, or property lying along North Meridian Road in the area of the subject property, will be developed into a combination of office and perhaps some specialized retail buildings. It is our intention to develop the subject parcel by constructing an attractive single level office building which would provide tenancy for professional usages such as doctors or dentists, attorneys, real estate and/or insurance agencies, etc. The property will be nicely landscaped and will additionally provide a berm on its eastern boundary to provide a physical separation to the future multi-family project. Page Two City of Meridian October 14, 1993 Therefore, we would appreciate the City of Meridian considering. this rezoning request. Thank you for your time. Sincerely yours, Preside RRA/mh REZONE Enclosure October 13, 1993 Mr. Wayne Forrey City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Forrey: This letter shall serve as Michael and Cynthia Sciscoe's formal request for zoning designation amendment from R-40 to CG. Presently, the subject property consists of a vacent residence on a one-half acre parcel. We would like to occupy the home and are hereby requesting a rezone for the purpose of operating our retail bookstore from a separate building located on the property. Curriculum Cottage, Inc., is family-owned and operated, and we are in need of expanding. Having our store near our residence enables us to earn income and remain a family at the same time. Our teenagers work quite well alongside my wife in managing the business in the afternoon, and she is able to remain available to our younger children during the day, as well. We offer curriculum which enables parents to enhance their children's academic progress. Our customers vary from among: 1) parents desiring to tutor one-on-one, any particular subjects their children are struggling with at school, 2) parents choosing to home-educate for various reasons, and 3) parents whose children are enrolled in special-ed classes at school and whose teachers have recommended one- on-one instruction at home. We enjoyed residing in the City of Meridian sixteen years ago and would like very much to return to this community. Also, it will be an ideal central location for our growing Boise to Nampa/ Caldwell customer base. We also have customers who travel in from further outlying Idaho and Oregon cities (Moscow to Idaho Falls) since our products are not available locally otherwise. (We specialize in complete curriculum, rather than simply supplemental school supplies). We also desire to relocate our small custom cabinetry and furniture business onto the same property. This structure would be attached to the far end of our bookstore. We plan to incorpor- ate both businesses into one structure with a centrally located office. Our bookstore is very active six months out of the year and somewhat slower the remaining months, and our cabinetry business is Page 2 a smaller business which employs only myself and one part-time employee year round. (Presently, we rent a building for the cabinetry business separately from our home in Boise). This arrangement would greatly enable us to adjust our workloads for both businesses accordingly. We are working with a designer with the goal of building a structure that is suitable in appearance for the proposed development. We are requesting the zoning for the following reasons: A. The frontage on Meridian Road constitutes convenient access for the public. B. The property to the north is zoned CG already and the property to the immediate south is also requesting CG zoning herein. The owner has informed us of his desire to delelop commercially, also. This fits in with the Meridian Comprehensive Plan. C. The proposed Comprehensive Plan designates this area as Mixed-Use PUB, which allows quality commercial development. This type of home/business arrangement has been a much- desired goal for our family for many years. Our cabinetry business has supported our family for thirteen years. Now our bookstore is enabling us to save resources for our future goals (college tuitions, retirement, etc...). We pray you will find favor in our request for rezoning. Thank you for your time and consideration of this request. Sincerely, Michael and Cy~fthia Sciscoe w: W0008URY OR ' ~ 2 13 ~4 12 II 10 9, 8 7 0 S f - ~~. 1, ~ Y ~' ,, 3 `~.p~ 13 TERBURY23PAR a s z ~ I 9L ~ Z 1 ~ ~ II' 18 19 20 21 ~ .. ?S ~ . 24 ~ , . 14 O `rI 3 ~ k.t ~ '\ 1 13 12 II IO 9 8 7 6 ' ~ 3 4 3 2 i I ~ ~ I 1 i i . ;I_ IS ' i 14 . ~ 1 i 1 13 S '~ 4 ~ .... ; ! r I2 '!!~ w. M !,~/ ~q I ~ .. a ., is SA 0 6 4 2. - + I r 10 SCE 'q 9 ~ I ~ ' ~~ s e ~OpO Hp e ~ o°U ` 2 _. iz 7 ~R, s° ° ~ ~ .. Q 9 5~ S ? '1 I ~ ~ Q " I I~ j 6 5 .4 3 ~ 2 I~ ,• !~ ': WfLLOWBR00K 2 r p j Q, ,1 16 15 Id - R .. _ , r. . ~~~ .O ~ ~ ~~~ ~ • ~ ~,, ` _ 3g ~ 33 34 35 36 37 ,38~ '. -,~, -} . _ ._ ~ ., ~~ . ` T ! I~ Zoe s6. \ I ~ I' o _ j I ~~ ~ -~ I -, ~ ~ . :, ~: ~, ~ .._ I <.- . f ~. ~:~ . ~ E ADA PLANN~IN~ A9C~N: ~ ~h-~ , ~ .... r T 1 1~ ~;` 2 ~~ O r ~ . ~ • W V 1 • .5._, '1 d ~.~ z a I _s , j~ I i PROPOSED PROPERTY FOR REZONE / j ,r d Z Q Q h 2 0 M N M /3Z./3 TA/Yl2S CT ~V DORADO DEVELOPMENT COMPANY X208) 344-651 1 P.O. Box 2666 Fax X208) 345-6321 Boise, Idaho 83701 October 14, 1993 ~,~ ~ 1 ?~ ~ 3 ls~ ~ 4a~ ... .. .''I: lei'. ai~:i~< City of Meridian City Hall Meridian, Idaho Rtzone RE: Request Gentlemen: By the attached Affidavit of Legal Interest, I hereby grant to Michael Sciscoe the right to apply and represent our interest, on a rezoning application to the property owned by Dorado Develop tent Company in Meridian, Idaho, a legal description of which is attached as well. I also address items 10. and 11. to the questionnaire as follows: 10. The characteristic which makes this zoning amendment desirable includes the fact that this parcel, currently zoned R-15, will serve as a necessary buffer between North Meridian Road and the approximate 6 acre parcel to the east, also zoned R-15, which will in the future be utilized for multi-family development. In addition, its frontage on North Meridian Road and access from James Court Lane make it a natural site for commercial development. 11. The area to the south of the subject property is retail and consists of the Cherry Shopping Center. The immediate area to the south consists of a low income apartment project. It is forecasted that like property, or property lying along North Meridian Road in the area of the subject property, will be developed into a combination of office and perhaps some specialized retail buildings. It is our intention to develop the subject parcel by constructing an attractive single level office building which would provide tenancy for professional usages such as doctors or dentists, attorneys, real estate and/or insurance agencies, etc. The property will be nicely landscaped and will additionally provide a berm on its eastern boundary to provide a physical separation to the future multi-family project. Page Two City of Meridian October 14, 1993 Therefore, we would appreciate the City of Meridian considering this rezoning request. Thank you for your time. Sincerely yours, R6~ertiJ R . `'Ante 11 Preside RRA/mh REZONE Enclosure October 13, 1993 Mr. Wayne Forrey City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Forrey: This letter shall serve as Michael and Cynthia Sciscoe's formal request for zoning designation amendment from R-40 to CG. Presently, the subject property consists of a vacent residence on a one-half acre parcel. We would like to occupy the home and are hereby requesting a rezone for the purpose of operating our retail bookstore from a separate building located on the property. Curriculum Cottage, Inc., is family-owned and operated, and we are in need of expanding. Having our store near our residence enables us to earn income and remain a family at the same time. Our teenagers work quite well alongside my wife in managing the business in the afternoon, and she is able to remain available to our younger children during the day, as well. We offer curriculum which enables parents to enhance their children's academic progress. Our customers vary from among: 1) parents desiring to tutor one-on-one, any particular subjects their children are struggling with at school, 2) parents choosing to home-educate for various reasons, and 3) parents whose children are enrolled in special-ed classes at school and whose teachers have recommended one- on-one instruction at home. We enjoyed residing in the City of Meridian sixteen years ago and would like very much to return to this community. Also, it will be an ideal central location for our growing Boise to Nampa/ Caldwell customer base. We also have customers who travel in from further outlying Idaho and Oregon cities (Moscow to Idaho Falls) since our products are not available locally otherwise. (We specialize in complete curriculum, rather than simply supplemental school supplies). We also desire to relocate our small custom cabinetry and furniture business onto the same property. This structure would be attached to the far end of our bookstore. We plan to incorpor- ate both businesses into one structure with a centrally located office. Our bookstore is very active six months out of the year and somewhat slower the remaining months, and our cabinetry business is Page 2 a smaller business which employs only myself and one part-time employee year round. (Presently, we rent a building for the cabinetry business separately from our home in Boise). This arrangement would greatly enable us to adjust our workloads for both businesses accordingly. We are working with a designer with the goal of building a structure that is suitable in appearance for the proposed development. We are requesting the zoning for the following reasons: A. The frontage on Meridian Road constitutes convenient access for the public. B. The property to the north is zoned CG already and the property to the immediate south is also requesting CG zoning herein. The owner has informed us of his desire to delelop commercially, also. This fits in with the Meridian Comprehensive Plan. C. The proposed Comprehensive Plan designates this area as Mixed-Use PUB, which allows quality commercial development. This type of home/business arrangement has been a much- desired goal for our family for many years. Our cabinetry business has. supported our family for thirteen years. Now our bookstore is enabling us to save resources for our future goals (college tuitions, retirement, etc...). We pray you will find favor in our request for rezoning. Thank you for your time and consideration of this request. Sincerely, Michael/and Cy~lthia Sciscoe PROPOSED PROPERTY FOR REZONE Q Q PROPERTY OWNERS WITHIN 300 FEET Ted and Wanda Hepper 43 East Fairview Avenue Meridian, ID 83642 James Court Associates 760 W. Myrtle St. Boise, ID 83702 Bedelco, Inc. 5204 Sorrento Circle Boise, ID 83704 Bews & Smith 5204 Sorrento Circle Boise, ID 83704 Jack E. and Doris F. Barrett 2250 N. Meridian Road Meridian, ID 83642 James Banducci, Jr. 2116 N. Cole Road Boise, ID 83704 • ~~Ieridian Rezone M 'idiar. ti/o :James R~}Q to October 28, 1993 ~cC7e Z ?. r%edicated stroets and drainage systems shall ne designed and constructed in conformance with District standards and l~ali- c.ies. _ `? - ~pec.ifi.cations, land surveys, design information and calcula sealed, signed and dated by a or Professional Land Surveyor, Section 54-1215. reports, y:lats, 3rawi.ngs, Flans, tion~ presented to ACRD shall be Registered Professional Engineer in compliance with ?daho Code, 10. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff. into their system. il. Locate obstructions futility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- ~'~rovements. Authorization. for relocations shall be obtained from the appropriate entity. 7-2, Continue existing irrigation and drainage .'-'.~yTste?Ils across par- cel. 13. Submit three sets of street construction plans to the District. for review and appropriate action. 14. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage. system shall conform to the. requiz•ements of the City of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage. easement set aside specif- `~ ically for that use. '"here shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. 1.5. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 16. Locate driveway curb cuts a minimum of 5-f ?et from the side lot property lines when the driveways are not being shared with the adjacent property. "" 17. .;nstall a stop sign on Query unsignalized approach of a project street to an .intersection involving a collector or arterial as the crass-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 18. Aright-of-way permit must be obtained from ACRD for all street and utility construction caithin the public right-of- CENTRAL ~• DISTRICT HEALTH DEPARTMENT REVIEW SHEET .a .JI , Rezone # _ fc'~D --~ C-r• Cr . Conditional Use # Preliminary/Final/Short Plat i e-r~'% ~~~ /yiC~cis~lr ~ ~y.~T~Ci.n ~CiJC~c: Return to: ^ BOISe ^ Eagle ^ Garden City Meridian Kuna ^ ACZ ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Specrfic 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 sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We^can approve this proposal for individual sewage disposal to be located above solid lava layers: 2 feet ^ 4 feet ~- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system ^ Community water ^ Se d wage ry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined ' rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ 13. ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ Child Care Center DATE: ~~2~~' Reviewed by: pI~ ~G~~ CDHD 10-91 rcb HUB OF TREASURE VAI.LI ~ ~ ~ ~ z xV~ OFFiC1.0LS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief HILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer A Good Place to Live CITY OF MERID 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor IA raj ~ ~ ? ~ ~~ COUNCI:MEN ~yv~ RONALD R.TOLSMA `i r'~/ f'`?- is=r ;~.3",.? -' r~OBEATGIESLER z , ~ ~- 3 • ~ ''" ~ "' "' " '- AX YERRINGTON U u~~~0~~ ROBERT D.CORRIE ® Chairman Zoning 6 Plane JIM JOHNSON ~ 1 0 C T 19x3 Centennial Coordinator PATSY FEDRIZZI NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your co meets and recommendations will be considered by the Mer idian ~ ~ ~,,r ~ S ma>' we hsve your any=wer hy: 1~~~ ~J~~F;.. , ~~ U 0 ~ TRANSMITTAL DA Tr : (~C-~-~{~r 15. 194 HEr~RING DATE : ~vewt-~,~ 9 1g9~3 REQUEST : ~ ZO-'1 t7` . {~' lIO "~'d ~ Cpv-...~p~ I ~. CCG~ E3Y: ~OrGC,tie l~ e~to~~,e ra 1 ~ ~~~~~~ a~~l` Can-N~;q Sc :~..,,o LOCATION OF PROPERTY OR JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 80B CORRIE, C/C BOB GIESLER, C/C MAX~YERRINGiON, C/C BRUCE STUART, WATER DEPT, JOHN SHAWCROFT, SEWER DEPT, BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER PROJECT : Z2. ~ ~ . ,J'l.~„, 1N~P,r-; iQr~ ~[~ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND fINAI PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HfALTH NAMPA MERIDIAN IRR. DISTRICT -tTt EPc tRFIr.ATrON DIST.°,ICT IDAHO POWER C0 (PRELIM AND FINAL PLATS) U:S:- WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS:-. Nampa & Meridian Irrigation District has no comment on the rezone for ora o evelopment Co. Michael and Cynthia Sciscoe at 2210 North Meridian Road. ~~ ~ ~~~ Nampa & Meridian Irrigation District `a~~t~i f/ +...~~ OOT 2 9 +~~3 C~~`, r,x ~~ ~~. !, ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 8 October 19 9 3 Phones: Area Code 208 OFFICE: Nampa 466-7861 BOb Angell Boise 343-1884 Dorado Development CO. , IriC. SHOP: Nampa 466-0663 P. O. BOX 2 6 6 6 Boise 345-2431 Boise, ID 83701 RE: Land Use .Change Application for Michael & Cynthia Sciscoe Dear Mr. Angell: Enclosed please find a Land Use Change Application for your use to file with. the Irrigation District for its review on the above- referenced development. ` You are also being sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Michael & Cynthia Sciscoe City of Meridian ~0~~ OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E.. City Engineer ,,. HUB OF TREASUREVALLEI~ , ~~~~~.~,~~ A Good Place to Live CITY OF MERIDIAI~j ' ~ -~93 COUNCILMEN RONALD R. TOLSM 33 EAST IDAHO C 1~"Z' t ~p v8 ~ ~ =+~-'~ ~ ~ ~+~ ROBERTGIESLER MAX YERRINGTOt• ROBERT D. CORRII MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Chairman Zoning ~ Plan JIM JOHNSON Centennial Coordinat PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your co meets and recommendations will be considered by the Meridian ~ ~ m ~S may we have your answer by: q 3 TRANSMITTAL DATE : ~~be,,-_~ HEARING DATE : ~ove-,~~ 9 1gg3 5 rr REQUEST: ~ ZOnP -1'~`pw~ ~- 4~ -}~ zeiv~P/'1r1 ~ Cp~'++~E!`1Li4.~ ICG~ BY: ~prGGd U Ve1~0Drnp.,.~- ('n. l dYl iP,I•.ne~ n~,~l °.t^.~n-1~:n ~~ •~•.~ LOCATION OF PROPERTY ~a( OR PROJECT: 2210 ~'l~. ruler.: ~a ~ ~ (`'~'~ 0~ 1..j1P~i• f ~ L s~ d h ~Pir'' i C~ ~ C't /L ~~ JIM JOHNSON P/Z MEl;IDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR°.. DISTRICT RONALD TOLSHA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER. CO"(PRELIM AND FINAL PLATS) BOB GIESLER, C/C ~ U S. WEST (PRELIM ANO FINAL PLATS) MAX~YERRINGiON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT, BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT /~ YOUR CONCISE REMARKS:_ _ /1 / / POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and 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 March 1, 1994 for the purpose of reviewing and considering the Application of dorado Development/Michael & Cynthia Sciscoe for annexation and zoning of approximatley .95 acres of land located in the Section 6, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on 2210 North Meridian Road. the Application requests rezone from R-40 to R-8, C-C, L-O. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit tesrimony. Dated this 9th day of February i 994. WILLIAM G. BERG, JR. , TY ERK LEGAL DESCRIPTION OF PROPERTY Commencing at the section corner common to Sections 6 and 7 Township 3 North, Range 1 East, and Sections 1 and 12, Township 3 North, Range 1 West, Boise Meridian, thence North 00 degrees 25'30" West, 2141.22 feet to a point on the section line and on the center line of North Meridian Road, thence North 89 degrees 34'30" east, 30.00 feet to a 1/2 inch steel pin with a plastic cap on the Easterly Right-of-Way of said North Meridian Road, thence, South 00 degrees 25'30" East, 42.15 feet along said Easterly Right-of-Way of North Meridian Road, said point being the REAL POINT OF BEGINNING, thence, South 89 degrees 43'16" East, 135.02 feet to a 1/2 inch steel pin with a plastic cap, thence South 00 degrees 53'00" East, 131.03 feet to a 1/2 inch steel pin with a plastic cap, thence South 00 degrees 53'00" West 174.15 feet more or less, thence South 88 degrees 06'58" West 132.13 feet more or less, to a 1/2 inch steel pin on said Easterly Right-of-Way of North Me North 00 degrees Easterly 1/2 inch North 00 degrees Easterly the REAL ridian Road, thence 25'30" West, 177.15 feet along said Right-of-Way of North Meridian Road to a steel pin with a plastic cap, thence 25'30" West, 135.00 feet along said Right-of-Way of North Meridian Road to POINT OF BEGINNING. l~rac~o ~ ~; Scoe }~e2~ne 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 December 21, 1993, for the purpose of reviewing and considering the Application of Dorado Deveoplment/Michael & Cynthia Sciscoe for annexation and zoning of approximately .95 acres of land located in the Sec. 6, T. 3 N, R. 1 E Boise-Meridian, Ada County, Idaho, and which property is generally located on 2210 N Meridian Road. The Application requests rezone from R-40 to CG. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 6th day of D cember 1993. William G. Berg, Jr., 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 Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on November 9, 1993, for the purpose of reviewing and considering the Application of Dorado Deveoplment/Michael & Cynthia Sciscoe for annexation and zoning of approximately .95 acres of land located in the Sec. 6, T. 3 N, R. 1 E Boise-Meridian, Ada County, Idaho, and which property is generally located on 2210 N Meridian Road. The Application requests rezone from R-40 to CG. A more particular legal description of the above propertK 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 15th day of ctober 1993. William G. Berg, Jr., City Clerk HUB OF TREASURE VALLEY- A Good Place to Live OFFICIALS WAYNE S. FORREY. ~ ICP, City Clerk JANICE GA c I TY O F ME RID IAN COUNCILMEN RONALD R. TOLSM. SS, Treasurer BRUCE D. STUART, Water Works Supt. ROBERT GIESLER WAYNE G. CROOKSTON. JR.. Attorney 33 EAST IDAHO MAX YEARINGTON JOHN sHAwcaoFT, waste water supt. MERIDIAN IDAHO 83642 ROBERT D. CORRIE KENNY BOWEAS. Fire Chief , Chairman Zoning 8 Plan BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887813 Centennial Coordinat GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your co ments and recommendations will be considered by the Meridian~~ ~ ~rr~; s , may we have your answer by: q 3 TRANSMITTAL DATE ~C`~b e.~` IS )~ HEr~RING DATE: ~ptJewtb2r<` °f~Igg3 R E o UE 5 T : ~ ~'~~ Z~r~ P i'Y^O w~ ~ - yO "~'~ e~-'~ ~~ ~ Cpw„r.er C i ~i, l C C G~ E3Y : l~brGC~ ~l 1 i n; a 5 ~ LOCATION OF PROPERTY OR PROJECT : ZZ 1 ~ rt~ . ~'y1er;~r~,. j~a( ~ d f ` ~'~'~ Cry l.~'1P~t- r y LrL O y~ 1')'1 P.r` i C~ ~ d~ rL '~~ JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT ~ CHARLES ROUNTREE, P/Z AOA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORO, MAYOR NAMPA MERIDIAN IRR..DISTRICT RONALD iOLSMA, C/C SETTLERS IRRIGATION DISTRICT 808 CORRIE, C/C IDAHO POWER-GQ`:-(PRELIM AND FINAL PLAiS) 806 GIESLER, C/C U 5:`WEST (PRELIM AND FINAL PLATS) MAX~YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N/A (PROPOSED NAME OF SUBDIVISION) 2210 N. Meridian Road `~ (GENERAL LOCATION) ~~ Legal Attached ` (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Dorado Development Co_~ Tnc_ - Rnh AngP71 344-6511 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) 168 N. Ninth St., Suite 250, Box 2666, Boise, ID 83701 (ADDRESS) Dorado Development Co./Michael and Cynthia Sciscoe (345-1343) (APPLICANT) (NAME) (TELEPHONE N0.) See above /1711 No. 30th, Boise, Tn ~~7n~ (ADDRESS) N/A (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) N/A (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Commercial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 .95 approx. ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) THESE ARE ITEMS NEEDED FOR ANNEXATION & ZONING REQUESTS 1. Name, address and phone number of applicant; 2. Name, address and phone number of owner of subject property, and proof of title in said owner; 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; 4. Legal description of property; I~ AFP'~ 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6. 7. 8. 9. (id. .: ~1~ ~~12. 13. Present land use; Proposed 1 and use; vUCz ~--«~- Present district; Proposed district; Characteristics of subject property which make the zoning amendment desirable; Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; one ( 1) map of scale one ( 1) inch equal s one hundred (100 ) feet of the property concerning the zoning amendment; Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; .~~C~ 14. A list of the mailing addresses of all property owners, from ~`` P`r~~,~, authentic tax records of Ada County, who are within three ~`~A sv~` o hundred (300) feet of the external boundaries of the land P( h2e-~~,5 being considered, and all property owners included within the ~oa~ ~ property being considered; v Y o>~PS`.~rc i~ r^~A statement of how the proposed zoning amendment related to ~~~a ~ ~'`~ pL~e ~P, the Meridian Comprehensive Plan; a ~~~ p4 ~~,. ~ar~'~ 16 . A fee as established by the Counci 1 ; Less than 1 acre = ~~~•~ $400.00; Over 1 acre = $400.00 + $15.00 per acre over portion ~`~0.t~ .~~^ thereof . In addition ro above fee applicant shal l pay cost ~~r of certified mailings at rate of $1.29 per notice. 17. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a•signed affidavit that this has been done as part of the application. DORADO DEVELOPMENT COMPANY ;208) 344-651 1 Fax (208) 345-6321 October 14, 1993 City of Meridian City Hall Meridian, Idaho Rczon~ RE: Request Gentlemen: P.O. Box 2666 Boise, Idaho 83701 By the attached Affidavit of Legal Interest, I hereby grant to Michael Sciscoe the right to apply and represent our interest, on a rezoning application to the property owned by Dorado Development Company in Meridian, Idaho, a legal description of which is attached as well. I also address items 10. and 11. to the questionnaire as follows: 10. The characteristic which makes this zoning amendment desirable includes the fact that this parcel, currently zoned R-15, will serve as a necessary buffer between North Meridian Road and the approximate 6 acre parcel to the east, also zoned R-15, which will in the future be utilized for multi-family development. In addition, its frontage on North Meridian Road and access from James Court Lane make it a natural site for commercial development. 11. The area to the south of the subject property is retail and consists of the Cherry Shopping Center. The immediate area to the south consists of a low income apartment project. It is forecasted that like property, or property lying along North Meridian Road in the area of the subject property, will be developed into a combination of office and perhaps some specialized retail buildings. It is our intention to develop the subject parcel by constructing an attractive single level office building which would provide tenancy for professional usages such as doctors or dentists, attorneys, real estate and/or insurance agencies, etc. The property will be nicely landscaped and will additionally provide a berm on its eastern boundary to provide a physical separation to the future multi-family project. Page Two City of Meridian October 14, 1993 Therefore, we would appreciate the City of Meridian considering, this rezoning request. Thank you for your time. Sincerely yours, Presi RRA/mh REZONE Enclosure October 13, 1993 Mr. Wayne Forrey City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Forrey: This letter shall serve as Michael and Cynthia Sciscoe's formal request for zoning designation amendment from R-40 to CG. Presently, the subject property consists of a vacent residence on a one-half acre parcel. We would like to occupy the home and are hereby requesting a rezone for the purpose of operating our retail bookstore from a separate building located on the property. Curriculum Cottage, Inc., is family-owned and operated, and we are in need of expanding. Having our store near our residence enables us to earn income and remain a family at the same time. Our teenagers work quite well alongside my wife in managing the business in the afternoon, and she is able to remain available to our younger children during the day, as well. We offer curriculum which enables parents to enhance their children's academic progress. Our customers vary from among: 1) parents desiring to tutor one-on-one, any particular subjects their children are struggling with at school, 2) parents choosing to home-educate for various reasons, and 3) parents whose children are enrolled in special-ed classes at school and whose teachers have recommended one- on-one instruction at home. We enjoyed residing in the City of Meridian sixteen years ago and would like very much to return to this community. Also, it will be an ideal central location for our growing Boise to Nampa/ Caldwell customer base. We also have customers who travel in from further outlying Idaho and Oregon cities (Moscow to Idaho Falls) since our products are not available locally otherwise. (We specialize in complete curriculum, rather than simply supplemental school supplies). We also desire to relocate our small custom cabinetry and furniture business onto the same property. This structure would be attached to the far end of our bookstore. We plan to incorpor- ate both businesses into one structure with •a centrally located office. Our bookstore is very active six months out of the year and somewhat slower the remaining months, and our cabinetry business is Page 2 a smaller business which employs only myself and one part-time employee year round. (Presently, we rent a building for the cabinetry business separately from our home in Boise). This arrangement would greatly enable us to adjust our workloads for both businesses accordingly. We are working with a designer with the goal of building a structure that is suitable in appearance for the proposed development. We are requesting the zoning for the following reasons: A. The frontage on Meridian Road constitutes convenient access for the public. B. The property to the north is zoned CG already and the property to the immediate south is also requesting CG zoning herein. The owner has informed us of his desire to delelop commercially, also. This fits in with the Meridian Comprehensive Plan. C. The proposed Comprehensive Plan designates this area as Mixed-Use PUB, which allows quality commercial development. This type of home/business arrangement has been a much- desired goal for our family for many years. Our cabinetry business has supported our family for thirteen years. Now our bookstore is enabling us to save resources for our future goals (college tuitions, retirement, etc...). We pray you will find favor in our request for rezoning. Thank you for your time and consideration of this request. Sincerely, Michael and Cynthia Sciscoe _, - _ ~~ W. W00O8URY DR 'L 13 a A4_ 12 Il IQ 9~ 8 7 ,' ,~ 14 9 S t s ~ Y ~~~, IS TERBURY23PAR 4 3- ~ z . II +: + 9L 16 2 + ' ~ ~ it' +8 19 20 21 .' 2S 1 Z? 24 111 ~- 14 O `r I J f I ~~ ~ 'l 13 12 II 10 g 0 ~ T B 3 4 3 2 ~_,I . I ~ it t i i !S .. 1 ~ i 14 t3 ~ s I ' 1 12 S 4. _ r..., ~ wMR~ II •,il :- , Sp ~'4 jO 6 d•2 3 ', ~ ~` ~ 10 ~CF' 'mil 9 , .i' } i ~ 9 a IyOOp NO e 7 0" r 2 - f, ,; o ;i i ~.f ~~ T Oip 3 ` i' 5 i 0 1 7 I 4 .I 6 3 2 I 9 5 4 I ~""~"ti . • ~I .3 { I '. W~L~OWBROOK 2. ~ ~ ~ ~ ,I 16 Ig Id ~ ~R .. - ,. ~ J .: - ~ ~- _ ~ M ~+ , ' ~ _s i 3g ~ ~ -H~ s M 33 34 S 36 37 38 ~ .,I,i:. __ ~ : ~ _ _ K ,- _ '..r ~ ro9z. 30• i ' r ,~ `. - .. - y~~. i- ~ N . ± ; I zoesb. I ~ i~ . ! ~ o 1 I~ ip .~,L -3 ~II , _: i + ~; _ i ~ -- .- ~ ~ p - - ~ - f. , ~ . ~ 1 \ '1~ • `\a J ,i ~ II ADA PLANN~IN~ A9C~N.; ~~ -::~ ` , ~ I , I '- ~ s . O C T 1 2193-~'~.- . r - ~ ; I ~ - .~ - ~ ' .. ~ _..~ .. ~ I ~ PROPOSED PROPERTY FOR REZONE ~i QI N M ~~ 2 ~V /3S'a z DORADO DEVELOPMENT COMPANY (208 344-651 1 Fax (208) 345-6321 P.O. Box 2666 Boise, Idaho 83701 October 14, 1993 OOT 1 ~ ~3~0 ~v'3 i 2~ .~ .. 1 I.LAIx ~J AI ac City of Meridian City Hall Meridian, Idaho R~ZOY1~ RE: Request Gentlemen: By the attached Affidavit of Legal Interest, I hereby grant to Michael Sciscoe the right to apply and represent our interest, on a rezoning application to the property owned by Dorado Development Company in Meridian, Idaho, a legal description of which is attached as well. I also address items 10. and 11, to the questionnaire as follows: 10. The characteristic which makes this zoning amendment desirable includes the fact that this parcel, currently zoned R-15, will serve as a necessary buffer between North Meridian Road and the approximate 6 acre parcel to the east, also zoned R-15, which will in the future be utilized for multi-family development. In addition, its frontage on North Meridian Road and access from James Court Lane make it a natural site for commercial development. 11. The area to the south of the subject property is retail and consists of the Cherry Shopping Center. The immediate area to the south consists of a low income apartment project. It is forecasted that like property, or property lying along North Meridian Road in the area of the subject property, will be developed into a combination of office and perhaps some specialized retail buildings. It is our intention to develop the subject parcel by constructing an attractive single level office building which would provide tenancy for professional usages such as doctors or dentists, attorneys, real estate and/or insurance agencies, etc. The property will be nicely landscaped and will additionally provide a berm on its eastern boundary to provide a physical separation to the future multi-family project. Page Two City of Meridian October 14, 1993 Therefore, we would appreciate the City of Meridian considering this rezoning request. Thank you for your time. Sincerely yours, R6tiertiJR. ~An~ell Preside RRA/mh REZONE Enclosure October 13, 1993 Mr. Wayne Forrey City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Mr. Forrey: This letter shall serve as Michael and Cynthia Sciscoe's formal request for zoning designation amendment from R-40 to CG. Presently, the subject property consists of a vacent residence on a one-half acre parcel. We would like to occupy the home and are hereby requesting a rezone for the purpose of operating our retail bookstore from a separate building located on the property. Curriculum Cottage, Inc., is family-owned and operated, and we are in need of expanding. Having our store near our _ residence enables us to earn income and remain a family at the same time. Our teenagers work quite well alongside my wife in managing the business in the. afternoon, and she is able to remain available to our younger children during the day, as well. We offer curriculum which enables parents to enhance their children's academic progress. Our customers vary from among: 1) parents desiring to tutor one-on-one, any particular subjects their children are struggling with at school, 2) parents choosing to home-educate for various reasons, and 3) parents whose children are enrolled in special-ed classes at school and whose teachers have recommended one- on-one instruction at home. We enjoyed residing in the City of Meridian sixteen years ago and would like very much to return to this community. Also, it will be an ideal central location for our growing Boise to Nampa/ Caldwell customer base. We also have customers who travel in from further outlying Idaho and Oregon cities (Moscow to Idaho Falls) since our products are not available locally otherwise. (We specialize in complete curriculum, rather than simply supplemental school supplies). We also desire to relocate our small custom cabinetry and furniture business onto the same property. This structure would be attached to the far end of our bookstore. We plan to incorpor- ate both businesses into one structure with a centrally located office. Our bookstore is very active six months out of the year and somewhat slower the remaining months, and our cabinetry business is Page 2 a smaller business which employs only myself and one part-time employee year round. (Presently, we rent a building for the cabinetry business separately from our home in Boise). This arrangement would greatly enable us to adjust our workloads for both businesses acr_ordingly. We are working with a designer with the goal of building a structure that is suitable in appearance for the proposed development. We are requesting the zoning for the following reasons: A. The frontage on Meridian Road constitutes convenient access for the public. B. The property to the north is zoned CG already and the property to the immediate south is also requesting CG zoning herein. The owner has informed us of his desire to delelop commercially, also. This fits in with the Meridian Comprehensive Plan. C. The proposed Comprehensive Plan designates this area as Mixed-Use PUB, which allows quality commercial development. This type of home/business arrangement has been a much- desired goal for our family for many years. Our cabinetry business has. supported our family for thirteen years. Now our bookstore is enabling us to save resources for our future goals (college tuitions, retirement, etc...). We pray you will find favor in our request for rezoning. Thank you for your time and consideration of this request. Sincerely, Michael/and Cypfthia Sciscoe PROPOSED PROPERTY FOR REZONE Q Q ~q 2 PROPERTY OWNERS WITHIN 300 FEET Ted and Wanda Hepper 43 East Fairview Avenue Meridian, ID 83642 James Court Associates 760 W. Myrtle St. Boise, ID 83702 Bedelco, Inc. 5204 Sorrento Circle Boise, ID 83704 Bews & Smith 5204 Sorrento Circle Boise, ID 83704 Jack E, and Doris F. Barrett 2250 N. Meridian Road Meridian, ID 83642 James Banducci, Jr. 2116 N. Cole Road Boise, ID 83704 i ,. ~~ ~ ~ \-.. ,~,~. ,~,.~ ,~~~ J.B. PFOST•S ~•. nuww•s ~" •I m~ww• m~~m 1'L°Ce Nr '7IAt1~.~C.~~~ ~vt m~rrn• SIIBDIDISION .) h M t 5~ C~. (P r i t/ 1it¢~ s~ k~S . , i 'I i ~~ i ,I iI x , p., yri~ggW~OL~ ~\ ~~~ A~~ ,,s JJ •mw«w P4~~ ~ f 'r0 {'O~iGd ~ S%J~ ~`~ P •mwir ''~ rtr•wn nwww ~ww• n.wnw I ""'""' .~ ~\ M~~Di~N F?~~Qt~~ \ . \~ . ~ '. t ~~. ~~, \\ {1MIIIM \v K 0 s .\ , ~~ ~~ .\ ~~~ ~\ . DRIB m C Z m mwr~as r z ~ z z i ~ ` ~ STR rteE Efr ~ ~, m~,~«. nMww . ` ` ~ € I ~ x ~ ~ fnuuw ~~ 1 6` ~. __ ~ ~- AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ss. I, Robert R. An ell General Partner of Dorado (name) ' Development Company, 168 N. (addresseet, Suite 250, ___ Boise Idaho (city) (state ) being first duly sworn upon oath, depose and say: 1• That I am the record owner of the property described on the attached, and I grant my permission to Michael Sciscoe 604 E. 45th Street (name) '' (address) Boise, Idaho to submit application the accompanying pertaining to that property. 2• I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 14th day of October SUBSCRIBED AND SWORN to before above written. 1993. the day and year first 1"Iy Commission Expires: to ~~ yf- AFFIDAVT.LEG ~, ss s~~v , °rea 1:~vvT rem ofd- ex~rna~ounclari es o e an h~'e,~`~ being considered, and all property owners included within the ~oa~ ~ property being considered; G ~ ~ Residing at ~ ~ ~ /o _.._ ,\ Customer's I~' I LI 19~~ Order No. cDate Name ~ ~C/ 5~ Address Phone: SOLD BY ~ CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~ ~ ~ I I r I --~. , Icy I I I I I All claims and returned goods MUST De accompanied by this b~u. TAX I 0 0.13 7 9 Byceived ~ ,1 / TOTAL O i ~~ HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk GASS, City Treasurer JANICE L CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE . GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO WAYNE S. FORREY, AICP tor i i t JOHN T. SHAWCROFT, Waste Water Supt. ra n s Planner & Zoning Adm KENNY W. BOWERS, fire Chiet MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chiet Phone (208) 888433 • FAX (208) 887-4813 Chairman • Planning 8 Zoning WAYNE G. GROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Meridian Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Director Date: January 6, 1994 RE: REZONE REQUEST OF MIKE AND CYNTHIA SCISCOE AND DORADO DEVELOPMENT FROM R-40 TO COMMERCIAL GENERAL (CG) At the December 14, 1993 Planning and Zoning Commission meeting, Commissioners expressed concern about additional CG zoning along North Meridian Road. The suggestion was made to explore a less intensive commercial neighborhood (CN) designation rather than CG zoning with the applicant. The Commissioners then tabled this rezone request to allow Mr. Sciscoe to meet with the City Staff and evaluate the merits of Commercial Neighborhood zoning at this location. During the past three weeks I have been meeting with Mr. and Mrs. Sciscoe to review the Commissioners request. Mr. Sciscoe has considered the merits of Commercial Neighborhood zoning and his family's business plans. Mr. Sciscoe agreed with the Commissioners that the CN designation will blend with the neighborhood better and still allow his business to be developed. Mr. and Mrs. Sciscoe are very sensitive to good development in this area. They are committed to being a {good neighbor and likewise they want compatible developmentn~sr~ to their property. They believe that CN zoning will provide adequate safeguards for quality development in their neighborhood. Based on my review of our Ordinance and meetings with the Sciscoe's, I believe that their businesses can be developed within the CN zone and benefit the neighborhood. I recommend that the CN be approved rather than the CG zone as requested in their initial combined Sciscoe/Dorado rezone application. Because the CN zone is less intensive of a land use, I don't believe that a new public hearing or an amended application is necessary to facilitate this change. HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887.4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Memorandum To: Meridian Planning and Zoning Commission and City Council From: Wayne S. Forrey, AICP -Planning Director Date: November 5, 1993 Regarding :Request for Zone Change from R-4Q to General Retail & Service Commercial (C-G) by Dorado Development plus Michael and Cynthia Sciscoe. Zone change and land use request of C-~ complies with the .current and proposed Comprehensive Plan. This site is within the Mixed Planned Use Development Land Use designation as described in the proposed Comprehensive Plan. The proposed Comp~'ehensive Pfan indicates a need for service commercial facilities in this area. All public services are available or within reasonable service .areas for extension. This request is for zone change only. This property is a small portion of a larger parcel that was recently annexed as R-40 to allow an apartment cainplex. As the site improvement plans are prepared and submitted, City sta#~'will review and approve any site designs to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. MERIDIAN CITY COUNCIL MEETING: April 5 1994 APPLICANT: Dorado Development and AGENDA ITEM NUMBER: 1 Mike and Cynthia Sciscoe REQUEST: Rezone Request A EN Y CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS oJE re.2~ ~Va~,w'~ p~ ~ l ~"p ~k p~,wE~ . ~ ~ a ~,,,~" e~ OTHER: LETTER FROM MIKE AND CYNTHIA SCISCOE March 29, 1994 To Whom It May Concern: It is agreeable with us to change our zoning request from a C-G to a C-N. ') ., Michael and Cynthia Sciscoe DaRADO DEVELOPMENT COMPANY ._._.. ~208~ 344-6511 P.O. Box 2666 Fax {208j 345-6321 Boise, Idaho 83701 Aprijl 5, .1994 Ms. 'Shari Stiles City! Of Meridian 33 E:. Idaho St. Meridian, ID 83642 Post it" Fax Note 767.1 ~ !f[ pa°gPS~ To F i t. Pho Phone #~ '"lp Fax # ~ _, ~~ Fax # Fax:. 887--4823 RE : ~tezone Request Dear Shari, Larry D. Stevens anti I, as individuSlB, are the current owners of the ;.55 acre piece q~ property located on the northeast corner of North Meridian Raadand James Court, aka "Parcel DIY". We recently purchased this land from the entity of Dorado Development Company,; of which Mr. Stevens and I are sole owners. At one point in titae, Dorado Development Company owned the .42 acre's with rasidsnca, now owned by Mr. Michael Sciscoe, aka "Parcel II", the .55€ acres, now owned by us, and the 6.45 acre parc+ei located to tixe east of the Sciscoe's property, aka "Parcel I", :which is still o'amed by Dorado Development Company. It i~ our intents.on~to request from th® City of Meridian s rezone on the .55 acres from R-40 to CC, allowing us to construct an office building on the property. As such, we foz~nally ask that this letter serve as our official request to the City for this zoning change. I amp enclosing a legal. description of Parcel ITI, the .S5 acres in c,~uestion. Please contact me a-1:; your earliest convenience should yflu have any .further questions. Thank you for your assistance. Sincerely yours, R t An ell Preside RRA/inh SIiAR3 . REZ Encxosure TOTAL P.01 amium Amount: $ 45.00 S C g$ D II L E- A Order No.: ST-92037425 PW Policy No.: 0-9993-67346 Date oL Policy: JITNE 2~5, 1993 at 4:53 p.m. Amount~o~ Insurance: $~ 10,000.00 1. Name of Insured: ROBERT R. ANGELL AND LARRY D. STEVSNS 2. The ;estate or interest in t:he land described herein and which is covered by this Policy is: FEE SIMPLE 3. The !estate or interest referred to herein is at txie date of policy vested iz~: ROBERT R. ANGELL, a married mzan, and LARRY D. STEVENS, a married man ~ 4 . The ~laad referred to iii this Policy is situate ia: State of IDA&O, CoT.usty of ADA_ PARCEL III ~ .. Cf3NIl~IENCING at the section corner common to Sections 6 and 7, Township 3 North, Range 1 Sast, and Sections 1 and 12, Township 3 !North, Range 1 West , Boise Merida.az~. thence North Oa degrees 25'30" West, 2141.22 feet to apoint on the section line and on the center line of forth Meridian Road, thence North 89 degrees 34'30" East, 30.Q0 feet to a 1/2 inch steel pin with a plastic cap on the Easterly flight-of-Way of said North Meridian Road, thence North 88 degrees 43'49" East, 328.22 feet to a 1/2 inch steel pin~with a plastic cap, thence North 83 degrees 49`27" East, 129.3.8 feet to a ]./2 inch . ` steel pin .with a pl~.stic cap, thence North 88 degrees 48`37" East, 389.26 feet to a ]./2 inch steel pin with a plastic cap, thence Sciuth 3]. degrees 03'37^ Sast, 414.88 feet to a 1/2 inch steel pi~z with a plastic cap, thence South 88 degrees 34'59" West, 1057:50 feet to a:1/2 inch Post-it 'Fan Note 7671 ° ~ aa~ ~' 1 ~ Faz *. ~~ _' !1[ ~~~ Fax X ; :., • l i .r. Sq~r. ya' ~w i. a~ AMENDED ORDINANCE NO. 644 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF J. E. PFOST'S SUBDIVISION IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.1W., B.M., ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-40 to C-C, Community Business, for the described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A portion of Lots 3 and 4 of J. E. Pfost's Subdivision in the NW 1/4 of the SW 1/4 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 1, T.3N., R.1W., B.M., and the said Section 6, from which the South 1/16 corner common to said Sections 1 and 6 bears South 0°25'30" East, 1324.06 feet; thence South 0°25'30" East, 548.50 feet to the REAL POINT OF BEGINNING. Thence South 89°43'16" East, 165.02 feet to a point; thence South 0°53'00" East, 306.12 feet to a point on the South boundary of said Lot 4 of J. E. Pfost's Subdivision; thence along said South boundary and said South boundary extended South 88°34'59" West, 167.48 feet to a point on the West boundary of the SW 1/4 of said Section 6; thence along said West boundary North 0°25'30" West 311.04 feet to the Point of Beginning. AMENDED REZONE ORDINANCE SCISCOE Page 1 be, and the same is rezoned from R-40 Residential to CC Community Business District, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for rezone. Section 2. The Applicant shall pave parking areas adjacent or near property, the design standards for off-street parking. in 11-2 414 must be met, specifically including the fencing. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-40. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist,. this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~'~ day of ~(LC(~!?? ~~h .. .. .199 ~ . ._ - . ~~,._ +C' rte. ` .r;.-.~v ~e;,` .;I t,~ ~ :f'. .~ ... ,~ { ='i c'~ (j yi .<1 ~. ~., G` ~ . , m yj^ AMENDED REZONE ` ORD'TNANCE APPROVED: MAYOR -- GRANT P. KIN F RD - SCISCOE Page 2 ATTEST: 9 ~~ ~ ~ ~~"~-r L? ~ ~ ~ . WILLIAM G. BERG, JR. --v CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF J. E. PFOST'S SUBDIVISION IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.1W., B.M., ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No.644 , by the City Council and Mayor of the City of Meridian, on the 2r~-- day of „~~' ~C~~sn. fj~v- , 199 ~, as the same appears in my office. DATED this~~day of ~~C'~/M-~ , 199 y" 1 l n ~ 1 C `~ ~j 1 City Clerk, City of eridian Ada County, Idaho v. ... r_ - ... . . .~ . J ~;, -. v .i ! J :_ ~._, T-~ ;'~i ~ ti ~~ is I '_1 LC ~_..~ c'~ _ _._ \ _~~•' ._ ~." .-s? :'r:n Pia! ? ,. ~ ..o ~ i rte. r AMENDED REZONE ORDINANCE - SCISCOE Page 3 ~~ - _ ,~ - _ -- _-- _ ~; /-. -.__. ~~ 1 - - -~ a 1 3 1 2 3 ~ ' ~ "/ 2 ~ ~ ` E HAIM~ 1 ~ A i ~ ~ - _ ,~~ 2 '~' S 16 17 16 - - ---- - ` ~. ,. ~ ~~ ' - ----~. ;: ~ ~ , --, . -, ~ 12 3 23 7 13 - - :.. , -_ -.~ 4 -~-___=_~ ~ 1S ---------- _~_- ` ~'~_ S S 11 _; . - f 10 1 4 16 _ ~ 4 . _----- - _ _- - ------ ------ -- 17 ~ 7 - 3 1 2 1 / 2 2 2 1 2 1 3 S 1 2 tf 1e s ,~ 10 ~~ -~ ~ 2 20 _-- ~ E 1IM000811RY DRIVE 4 3 7 0 27 ~ ~ 3 ~ 11 • 1 2 4 6 W • ~ 2d 12 _ ~ 3 ~ 17 10 22 2 13 ~~ ` f 10 ~ 1f 6N 11 ~ 1 ~ _~ 1 7 t f 4 24 23 1 14 /9 f 11 IS 1f 3 t2 = _ . ~ 12 i ~ E. fR0~M~1 SEAR STREET 20 1 %} ~o12NE1z 1 13 ~ 2 ~ 13 14 15 Sl !( 12 tf ~ 21 - ; gEG . (o ~ 21 1 - - - ~ ,~~,;\ ._ \~ \\, . ,, .. i - __, - - -- -- - ~tt~ __ ~\ ~,o o , ,;~ . \ \ ,. h' \ ~ ,, ~, ~ \,, , \ . _ ---- _ - ~~;,. ot2nWaNc~ No. X44 ~~~\\,;~. • w N ~,Ih~E \ \ \~. \ ~ , •, . ~;•_ ,1 sh ~ , \~ ,, :'~ SUBDIVISION \~ ~.,\,~ 1; m `ow` ~, ,~ 3t _ . ~ ~ -- ~ -~' y -- - ~-~ ~' r ... ~ 1 ' ~ \ .• ..~ - --- --- ,- ~Fi - ~ ~ -- ~' ~ ~, ~~ '. -- - ,` • , -- , `,, , '\ ,, i ~ `1 ~ ' ~4!ri~lAL ORDINANCE NO.~_ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 6 AND 7 TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTIONS 1 AND 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-40, High Density Residential to C-C, Community Business, for the described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: ~ ~, r ~ • ~ ~ Commencing at the section corner common to Sections 6 ~: i u ~ ~~ t 1 and 7 Township 3 North, Range 1 East, and Sections 1 and 12, Township 3 North, Range 1 West, Boise Meridian, "' thence North 00°25'30" West, 2141.22 feet to a point on ~-- - ~ - the section line and on the center line of North ""'` Meridian Road, ~~ /~f~.~-`~~" thence North 89°34'30" East, 30.00 feet to a 1/2 inch ~~v~ ~ • _ ~= steel pin with a plastic cap on the Easterly Right-of- Way of said North Meridian Road, ~~~ _. ~~ _.,,,___ •,. _. _:;- ;:; thence South 00°25'30" East, 42.15 feet along said Easterly Right-of-Way of North Meridian Road, said point being the REAL POINT OF BEGINNING, thence South 89°43'16" East, 135.02 feet to a 1/2 inch steel pin with a plastic cap, thence South 00°53'00" East, 131.03 feet to a 1/2 inch steel pin with a plastic cap, REZONE ORDINANCE - DORADO DEVELOPMENT Page 1 thence South 00°53'00" West 174.15 feet more or less, thence South 88°06'58" West 132.13 feet more or less, to a 1/2 inch steel pin on said Easterly Right-of-Way of North Meridian Road, thence North 00°25'30" West, 177.15 feet along said Easterly Right-of-Way of North Meridian Road to a 1/2 inch steel pin with a plastic cap, thence North 00°25'30" West, 135.00 feet along said Easterly Right-of-Way of North Meridian Road to the REAL POINT OF BEGINNING. be, and the same is rezoned from R-40 Residential to CC Community Business District, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for rezone. Section 2. The Applicant shall pave parking areas adjacent or near property, the design standards for off-street parking in 11-2 414 must be met, specifically including the fencing. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-40. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ day of ri/ , 1994. APPROVED: R -- GRANT P. KI G OR ATTES ~ t~---....~ WILLIAM G. BERG, J - CITY CLERK REZONE ORDINANCE - DORADO DEVELOPMENT Page 2 STATE OF IDAHO,) ss. County of Ada, ) ti . J ri ~ks , k,S "' ~::1 -~y~ ~'f~'z., r I, WILLIAM G. BERG, JR., ~ of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 6 AND 7 TOWNSHIP 3 NORTH, RANGE 1 EAST, AND SECTIONS 1 AND 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No.,6¢4, by the City Council and Mayor of the City of Meridian, on the ~~- day of ~p; ~ l , 1994 , as the same appears in my office. ' DATED this ~ day of ~,p~i l , 1994. -~ STATE OF IDAHO,) SS• County of Ada, ) Cit Clerk City ` Y . ~ ~tlari ~ •; Ada County, Idaho `~' ~"~''_ ~`° `~'~ "`' c . ; cv w ~ 1 y ,,.,.e ~. ~ 'J .1 ~~ ~,. S ... ~z .., 1l 46 ~J L ,~ ~A `~' .a~' ~;U~. i+' s 4 r y"3 On this ~~' day of p~~ (~ ~~ ' M '- A , 1994, be ~4me,~ : -- the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS my official seal written. WHEREOF, I have hereunto set my hand and affixed the day and year in this certificate ~i-~st above ,,,~{i00ttP.,,~, Lr /,e V ~ <~~,, ;~`" pT~, ~o~ SEAL = `b ~ ~ ~'' n ~ m u b (B ,S t i an Idaho sf y REZONE ORDINANCE - DORADO DEVELOPMENT Page 3 -- CJ - - - -~ --- -- - -- - ~.. 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