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Whitmere, Robert & Fran RZ_--~ .-~ ,''~ ~--~ Meridian City Council April 5, 1994 Page 12 or without due caution and circumspection or at a speed or in a manner as to endanger or be likely to endanger any person or property. E. All golf carts shall conform to all vehicular traffic controls. F. All golf carts shall abide by all traffic laws, rules, and regulations. G. All owners of golf carts shall have liability insurance on all their golf carts; it shall be unlawful not to have such liability insurance. 10-505 Penalties: And person convicted of a violation of this chapter shall be punished by a fine not to exceed three hundred dollars (5300.00) or imprisoned in the county jail for a period not longer than thirty (30) days, or by both such fine and imprisonment. Section 2: If an section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3: Effective Date: Whereas, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Passed and approved this 5th day of April, 1994. City of Meridian By Grant P Kingsford, Mayor, Attest William Berg, City Clerk. Kingsford: Is there a motion? Yerrington: I make the motion we approve this ordinance with the suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to approve Ordinance #641 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea. MOTION CARRIED: All Yea ITEM #7: ORDINANCE #642: WHITMIRE REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ~` ~ ~ }, ORDINANCE NO. ~ 4'2 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST I/4 OF .THE SOUTHEAST 1/4 OF SECTION 1, 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-8 Residential to L- O, Limited Office, 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 real property which is described as The South 198 feet of the East 110 feet of the SW 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, E%CEPT a parcel of land for public right-of-way lying in the South 198 feet of the East 110 feet of the SW 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the South one-quarter corner of the said Section 1; thence South 89°26'46" East 1,331.20 feet along the Southerly boundary of the said SE 1/4 of Section 1, which is also the centerline of Cherry Lane, to a point; thence North 0°12'46" West 25.00 feet to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°12'46" West 15.00 feet to a point; thence North 89°26'46" West 110.15 feet along a line 40.00 feet .Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 1 to a point; REZONE ORDINANCE - WHITMIRE Page 1 rte i"~ thence South 0°25'46" East 15.00 feet to a point; thence South 89°26'46" East 110.09 feet along a line 25.00 feet Northerly of .and parallel to the said Southerly boundary of the SE 1/4 of Section 1 to the REAL POINT OF BEGINNING. be and the same is hereby rezoned from R-4 Residential to L-O, Limited Office, 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 City Council on the request for rezone. Section 2. The Applicant shall tide all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ day of ri , 1994. APPROVED: `~ 1~IAYOR -- GRANT P . RD ATTEST: ~~,.*l ~ .~° S f~ WILLIP~M G. BERG, JR. -- C Y C ERK r ~ ~~~ ~~~~ ~ ~ er. ._ STATE OF IDAHO,) ~~~ ~ ~` s s . t .~ ~~ ~~~ County of Ada, ) ~~v~?,tN• ~ ~ ~ :a ~~i ..:,~ I, WILLIAM G. BERG, JR. , City Clerk of the G~'"i''Ey rof 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 A PORTION .OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE;" passed as REZONE ORDINANCE - WHITMIRE Page 2 i~~ ~~ Ordinance No. 6~"Z , by the City Council and Mayor of the City of Meridian, on the 5~ day of ,~,ph~'l , 1994, as the same appears in my office. DATED this ~~ day of ~~'~'~ , 1994. STATE OF IDAHO,) ss. County of Ada, ) City Clerk, City of eridian Ada County, Idaho On this 5 day of April. 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~g ~ x+# t °n~r., `,1 \ 9 .~ s A ~~ ~.!'- .~,. ~~ ~ o SEAL ' '' `~ `~~~ ~,`, a ~'." ~a :~ ~~ , ~> - - °~ iiE '.- '' ~ ~~ i~ 'eu ~~ ,, _ 7 _.... _ _~ ' ~ ~t • ° i~ ry Public for'Idaho iding at Meridian, Idaho commission expires 08/02/99 9't033~s~~ ~~ ~ ~_ ~~ -- _ ~.ti_ v . ,... 1 ...av 8U1:~ ~, ,ll~ ~ij 1{ ~V ~`13i a~ ~/1 REZONE ORDINANCE - WHITMIRE pale 3 85677350015 -~ ~^ ter. ~s ~¢~ ~' J 151 7 ! e' n ° ° 1 \ asblly°`~ ! 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I I ' 8!137000705 ~ A 'ri° 1.38:3!030 ~ ~ I) I _ ~+ R73C730n0 . - _ I ~ g1330007t0 I 1 R7517SSOOiO ~ 3 ~'10 I \` I I 19153000Iri i A R73ttiSOttO r 113'0000090 ~ ~ 87370000001 ~ ~ W137S0070 ~ ~ 517@101170 ~ ua77sors° 5ttnn7uf I ~ i~, WEST nulofoolo ' R T~D T171S7g300 !98.'1[309' W 5 ~~ t73Q75007 ~ S V D, , ~ I i Rf77rounm 3 !7(1 17377750110 I ,\ 7 ~_ ^ ~ .. m - 57 3 I HlSOOOOOri i r m rrl ~ I. $ 1!37 7 5. r Meridian City Council March 15, 1994 Page 4 n our property and get started with the structure etc. If there is anyway we can expedite the process it would be appreciated. Kingsford: I would suggest possibly a meeting be set up as quickly as possible involving Shari Stiles, and myself, one or 2 members of the Council and let's look at exactly where you are at and where we need to go. Sciscoe: I would appreciate that. Kingsford: Entertain a motion to table this until the next meeting pending the outcome of the attempted resolution. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve tabling this until the next Council meeting, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #2: TABLED: REZONE REQUEST: ROBERT AND FRAN WHITMIRE: (TABLED AT MARCH 1, 19941~z Kingsford: Are they here, would you state your name for the record please? Ward: My name is Cheryl Ward. We are requesting this rezone on 408 West Cherry Lane. It is located approximately 2 blocks west of Meridian road on Cherry Lane. It is an area of mixed residential and commercial use. There are a number of commercial businesses in the area. The particular property that we are requesting a rezone on it Whitmire Construction. It is a very low traffic business because they do schedule appointments. It is a circular drive that is located in front of the property, we feel that it would be a very small impact on the traffic on Cherry Lane. It would be easy on/ off road access. Whitmire's have agreed to comply with everything the City and the Highway District have requested as far as signage, landscaping, parking. We just don't see any problem with it at all. Kingsford: Was the issue of screening addressed? Are we talking about a construction yard or what are you talking about. Meridian City Council March 15, 1994 Page 5 Ward: No, it is simply a construction office. The Whitmire's are contractors that have been in the area for about 18 years. They build everything from homes for first time home buyers to upper end homes for just the most discriminating buyers. Their homes are extremely aesthetically pleasing. If anyone knows about Whitmire he is probably one of the best builders in the area. He does schedule his appointments in his office and so there is very little traffic in and out of the area. It is mainly an office for bookkeeping and making appointments to meet with build jobs. Kingsford: Any questions of the Council? We did have the public hearing at last meeting and no one was here to represent. You asked to table it until you could ask questions. Morrow: My only question here is there are surrounding businesses and what this is going to be used for is that it is a rezone from a residential to a construction company office. It is LO and it is residential type of construction and there is no equipment yard, shops or anything like that involved with this, it is strictly office stuff. Kingsford: We need to approve the findings and direct you to do an ordinance. Is it the Council's decision to approve of the findings prepared for P & Z? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Next item would be to direct the Attorney to prepare a rezone ordinance. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare a zoning ordinance, alt those in favor? Opposed? MOTION CARRIED: All Yea !"~ MERIDIAN CITY COUNCIL MEETING: MARCH 1. 1994 APPLICANT: ROBERT AND FRAM WHITMIRE AGENDA ITEM NUMBER: 16 REQUEST: REZONE REQUEST A ENCY COMMENT CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTS AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: P ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~Ppr~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, 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. GROOKSTON, JR., Attorney HUB OF TREASURE VALLEY /'~, A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (?A8) 887~48t3 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, P.E. Date: January 6, 1994 RE: WHITMIRE REZONE COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or consideration as conditions of the applicant during the hearing process: 1. Sewer and Water Assessments: The present structure has paid an assessment of 1.0 Equivalent Residential Units. This should be adequate for a construction office use. However, we do reserve the right to review the water use after one year and make a re- assessment if appropriate. 2. Parkina: For an office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area. Size of spaces in accord with Zoning Ordinance. 3. Landscaping, Sprinkling, Screening, Drainage, Lighting, Paving, and Striping: Shall be done in accordance with Section 2- 414 (D) - "Design Standards for Off-Street Parking" of the City Zoning Ordinance. 4. Signs: The installation of any advertising sign shall be done in accordance with the Uniform Sign code as adopted by the City Council. (Section 2-415 - Signs) ~ ~ HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk I W S CITY OF MERIDIAN ROBERT D. CORR E P.E. City Eng eer GARY D. SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner &Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Directpr ~. Date: January 6, 1994 11W1~ RE: REZONE REQUEST FROM R-8 TO LIMITED OFFICE (L-O) BY ROBERT AND FRAM WHITMIRE This zone change request from R-8 to L-O generally complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. It is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses and discourages strip development. A development agreement is required stipulating compliance with the City's site development standards and the Zoning Administrators and Building Inspector's checklist's. n C~Op~I BEFORE TAE MERIDIAN PLANNING AND ZONING COMMISSION ROBERT AND FRAN WHITMIRE REZONE APPLICATION 408 WEST CHERRY LANE FROM RESIDENTIAL (R-8) TO LIMITED OFFICE (L-O) MERIDIAN. IDAHO ,FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioners, Robert and Francille Whitmire not appearing, but appearing through their representative Sheryl Ott-Ward. 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 notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that .copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by Robert and Francille Whitmire, Whitmire Construction; Applicant being Cheryl Ott-Ward, The Real Estate FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 ~ ~ Group. The property is described in the application which description is incorporated herein; that the property is presently zoned R-8 Residential; the area surrounding is a mix of commercial and residential use properties. 3. That the property to be re-zoned from R-8 to L-0 is proposed to be used for construction's business office. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That the property is located west of Meridian Road on Cherry Lane in area of mixed residential and commercial use. 7. Applicant feels this property would be compatible with other small businesses that have minimal traffic flow. 8. The circle driveway offers easy off access on Cherry Lane and feels that it would not impede the traffic flow. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 n r~ 9. Wayne Forrey, City Planner, commented that the property site is within the proximity of concentrated commercial neighborhood and other L-O zoning which promotes the City's goal of clustered business uses and discourages strip development 10. The City Engineer, Gary Smith, commented that the present structure has paid an assessment of 1.0 Equivalent Residential Units; that this should be adequate for a construction office use; that water lines are located 12 feet east and north of street centerline; that sewer laterals are located on the west and south side of street centerline; that for office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area; that landscaping, sprinkling, screening, drainage, lighting, paving and striping shall be done in accordance with Section 2-4.14 (D) "Design Standards for Off-Street Parking" of the City Zoning Ordinance; that any advertising sign shall be done in accordance with the Uniform Sign code, (Section 2-415 - Signs). 11. That the Central District Health Department, Nampa & Meridian Irrigation District, Ada County Highway District and the Meridian Police Department submitted comments. 12. That the Ada County Highway District requires a minimum of 90-feet of right-of-way on arterials in an urban area, width sufficient for 5 traffic lanes, 5-foot sidewalks, and bicycle pathways. 13. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 ~, 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. 14. That there have been recent zoning changes along Cherry Lane to allow commercial and limited office uses, including dental and orthodontic offices, insurance offices, day care, and there have been such uses along Cherry Lane for some period of time. 15. There were no comments given at the public hearing objecting to the application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That. the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 n ~ can take judicial notice. 5. 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. (b) The property located on 408 West Cherry Lane is designed for residential but there are other uses which support residential needs and a mix of those uses and a rezone of the subject property for use as a construction business office is in line with that use. (c) The area around the proposed zoning amendment property is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses. (d) There has not been a change in the area or adjacent area which may dictate that the property should be rezoned but the property will be developed in a fashion which comports with the existing development and the planned residential development in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f ) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood. (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 use 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 use should not involve any detrimental activity to any person's property or the general welfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (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 is in the best interest of City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the City Engineer, Central District Health Department, and Nampa Meridian Irrigation District, will be met and complied with. 7. The requirements of the Ada County Highway District shall have to be complied with. 8. As a condition of rezoning, if there is room, the property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) -t--~_ VOTED VOTED VOTED ~~~' VOTED~~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 ~ ~ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Sewer Department requirements, the Nampa Meridian Irrigation requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 r ' ~~ ~~ REC~I~'LD ,~ ~ N 1 ~ 194 C~'~Y ®F I~EI~IDIAN January 5, 1994 TO: Cheryl Ott 1323 E. 1st Meridian ID FROM: Larry Sale, Developm r Street 83642 Super i o~ Se SUBJECT: MERIDIAN REZONE - 408 CHERRY LANE R-8 to L-O Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 5, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 1~.MES E. BRUCE President GLENN J. RHODES. Vice President SHERRY R HUBER Secretary ` n I II .. :! ~ 1 "a / `~ l~{-~~ I Ia ~JI ~ ~ Ie .. Ia x t~ : ~ ~ .LS. 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HUBER, Secretary TO: t7CHD Commission FROM: ~~evelopment services .i NTER--DEPAP.TP~lENT ^t -RF,ESPONDENCE f~7EP,RZ C 4 % l7STECH 1-5-94 DATE: necember 28, ].993 >UBJECT: Meridian Rezone 408 Cherry Lane R-8 to L-O (Applicant - Cheryl Ott, 1323 E. 1st St., Me.rid.ian, ID 83642) (Representative - .ame) FACTS & FI~dDINGS 1. Cheryl <Jtt is requesting a rezone from R-8 to L-a for 0.4 acx.~es of property located on the tlorth side ~f Cherry Lane approximately 50-feet west of W. 4th Street. The requested zoning designation of L•-O would allcw the existing residential bu_i_lding to be used. as an office building. 2. Cherry Lane currently has 80-feet of right-of-way and is im- proved with a 55-foot street section with 5--foot sidewalks. The 2000 Urban Functional Street Classification Map designates Cherry Lane as a minor arterial roadway. The District re- quires a minimum of 90-feet of right-of-way on arterials in an urban area, width suf~icic:nt for 5 traffic lanes, 5-foot side- walks, and bicycle pathways. The ultimate right-of-way will be acquired now as development is occuring. 3. This application is s~~-heduled far public hearing by the Meridi- an Planning & Zoning Commission on January 11, 1994. If the rezone is approved anti development proceeds, the District will provide the. following recommendations to Meridiar. Planning Zoning as conditions for approval. SITE SPECIFIC REQUIREMEIv'TS: 1. Dedicate 45-feet of right-of-way from the centerline: of Cherry Lane abutting parcel (5 additional feet). The owner ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 CENTRAL •• DISTRICT ~iRHEALTH DEPARTMENT REVIEW SHEET Rezone # l/ Conditional Use # Preliminary/Final/Short Plat Retum to: ^ Boise ^ Eagle ^ Garden City Meridian Kuna ^ 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 commern on this proposal ^ 4. We will require more data concerning soil conditions on this proposal before we can commern. ^ 5. Before we can commern 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: ^ Cernral .sewage ^ Community sewage system ^ Community water well ^ Irnerim sewage ^ Cernral 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 urnil 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: ~`" ~ f ';~~ '' ~~ ? /(~ °~ g h+~k k a.#a.~` A ~.e tl:''js s~klric x'~ DATE: ~~/jC ~~ Reviewed by: ~ ! CDHD 10-91 rcb 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 CORDON. Police Chief GARY SMITH, P.E.. City Engineer HUB OF TREASURE' VALL~ ~. A Good Place to Live ~ * COUNCILMEN >~~C R~ CITY OF MERIDIAN®E~ ~.: s~ RROBEATGIESLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor sv t ~,~~~ MAXYERRINGTC ~, ~,~ ROBERT 0. CORF '117. Q~ _s-f= ;' 4_, _.,.a!.p~,manZoning6Pl ~~ JIM JOHNSON A ~ ~ Centennial Coordln V t. j • ~~ PATSY FEDRIZ~ AMP fr 93 ~RAIC,Ai'IQN D/S ~ C T TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITHIN THE CITY OF MERIDIAN PROJECTS To insure that your comments and recommendations will be considered by the Meridian 'p may we have your answer by~ S - ~ ~ TRANSMITTAL DATE: ~ 2' 2 ' ~ ~ -- -°;HEARING DATE REQUEST d~ 1-)1~9y B Y = t'1 ~~ ~ "~" C~.~. ,. ECT : ~O ~ w~ ~-"`-~ LOCATION OF PROPERTY OR PROJ ~~ Z 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 KINGSFORD, MAYOR MAMAA MERIDIAN IRR..DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT 808 CORRIE, C/C IDAHO POWER CO;~(PRELIM AND FINAL PLATS) BOB GIESLER, C/C U.S 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: Nampa & Meridian Irigation POLICE DEPARTMENT Irrigation District has no comment on this CITY ATTORNEY application. GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER `~ Bill Henson, Foreman ~ ~ ~~ ~~,~ ~,~Gti~~ November 24, 1993 City of Meridian Planning and Zoning Department Meridian, Idaho Re: Rezone of 408 W. Cherry Lane, Meridian This request is regarding a zoning change on 408 West Cherry Lane, Meridian. In reviewing the draft of the Comprehensive Plan for the City of Meridian we feel that this property meets the long term goals the City is trying to achieve. This property is located just west of Meridian Road on Cherry Lane in an area of mixed residential and commercial use. Within a two block radius are several small businesses, Mr. Dental, TransAmerica Life, Meridian Family Chiropractic, The Hypnosis Clinic, Cherry Lane Laundry and William Ritter llentistry. We feel our property would be compatible with these other small businesses, that have minimal traffic flow as we also schedule our clients on an appointment basis. Uur circle drive offers easy on/off access to Cherry Lane that would not impede east/west traffic. The new owner of 408 W. Cherry Lane,Whitmire Construction has been in business for 18 years. During that time they have constructed several hundred homes, many of them in the Meridian area. They are known throughout the valley as conscientious, quality builders and have won numerous awards for their parade home entries year after year. They would offer strong quality business to the commericial business growth of the city of Meridian. With the current growth rate in Meridian at 11% it is important to have quality builders in our area to provide affordable, well constructed and esthetically pleasing homes in our neighborhoods. Whitmire Construction builds a wide range of homes from homes designed for first time home owners to upper end custom homes for the most descriminating buyers. In conclusion we feel this business would provide an attractive business location that is compatible to the cluster that currently exists at this entrance corridor to our city. We request your consideration and would be happy to answer any questions you may have regarding this request. Y Work: 888-6978 Home: 466-8311 Pager: 887-2845 n Sincerely, Cheryl Ott The Real Estate Group 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 CORDON. Police Chief GARY SMITH, P.E.. City Engineer ~'UB OF TREASURE VALL~ 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 :C~ ~F DEC - 5 ~~~~ ~~~ ' /'>.= , .. 0.L±~ ~_ COUNCILMEN RONALD R. TOLS ROBERT GIESLE MAX YERRINGTC ROBERT D. CORE Chairman Zoning 6 PI JIM JOHNSON Centennial Coordin PATSY FEDRIZ~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian 'p ~ , may we have your answer by: S ! 4~7' TRANSMITTAL DATE : y 2- • ~ ' Q ~ -HEfaRING DATE : ~ ~ '~ ~ _q y REQUEST: BY ~ C3.~-... ~ ~ ~ TY ECT ~ ~ w OR LOCATION OF PROPER : PROJ ~, JIM JOHNSON P/Z MERIDIAN SCHOOL DhSTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA„COUNTY HIGHWAY QLSTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HERLTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR._DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDANO POWER.CO".-(PRELIM AND FINAL PLATS} B08 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: ~~ • ~ POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER n MERIDIAN PLANNING & ZONING MEETING: FEB ARY 8 1994 APPLICANT: ROBERT AND FRAN WHITMIRE AGENDA ITEM NUMBER: 5 REQUEST: REOUEST FOR REZONE GENCY COMt+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: US WEST: U a ~~G~~~E INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: (~ D BEFORE THE MERIDIAN PLANNING AND ZONING COI"II"IISSION ROBERT AND FRAM WHITMIRE REZONE APPLICATION 408 WEST CHERRY LANE FROM RESIDENTIAL (R-8) TO LIMITED OFFICE (L O) MERIDIAN, IDAHO ,FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioners, Robert and Francille Whitmire not appearing, but appearing through their representative Sheryl Ott-Ward. 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 notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is •owned by Robert and Francille Whitmire, Whitmire Construction; Applicant being Cheryl Ott-Ward, The Real Estate FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 Group. The property is described in the application which description is incorporated herein; that the property is presently zoned R-8 Residential; the area surrounding is .a mix of commercial and residential use properties. 3. That the property to be re-zoned from R-8 to L-0 is proposed to be used for construction's business office. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical,. stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O' District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That the property is located west of Meridian Road on Cherry Lane in area of mixed residential and commercial use. 7. Applicant feels this property would be compatible with other small businesses that have minimal traffic flow. 8. The circle driveway offers easy off access on Cherry Lane and feels that it would not impede the traffic flow. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 9. Wayne Forrey, City Planner, commented that the property site is within the proximity of concentrated commercial neighborhood and other L-O zoning which promotes the City's goal of clustered business uses and discourages strip development 10. The City Engineer, Gary Smith, commented that the present structure has paid an assessment of 1.0 Equivalent Residential Units; that this should be adequate for a construction office use; that water lines are located 12 feet east and north of street centerline; that sewer laterals are located on the west and south side of street centerline; that for office use the Ordinance requires one (1) parking space for each 400 square feet of gross floor area; that landscaping, sprinkling, screening, drainage, lighting, paving and striping shall be done in accordance with Section 2-4.14 (D) "Design Standards for Off-Street Parking" of the City Zoning Ordinance; that any advertising sign shall be done in accordance with the Uniform Sign code, (Section 2-415 - Signs). 11. That the Central District Health Department, Nampa & Meridian Irrigation District, Ada County Highway District and the Meridian Police Department submitted comments. 12. That the Ada County Highway District requires a minimum of 90-feet of right-of-way on arterials in an urban area, width sufficient for 5 traffic lanes, 5-foot sidewalks, and bicycle pathways. 13. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 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. 14. That there have been recent zoning changes along Cherry Lane to allow commercial and limited office uses, including dental and orthodontic offices, insurance offices, day care, and there have been such uses along Cherry Lane for some period of time. 15. There were no comments given at the public hearing objecting to the application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 r can take judicial notice. 5. 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. (b) The property located on 408 West Cherry Lane is designed for residential but there are other uses which support residential needs and a mix of those uses and a rezone of the subject property for use as a construction business office is in line with that use. (c) The area around the proposed zoning amendment property is in the proximity of existing concentrated commercial neighborhood and other Limited Office Zoning which promotes the City's goal of clustered business uses. (d) There has not been a change in the area or adjacent area which may dictate that the property should be rezoned but the property will be developed in a fashion which comports with the existing development and the planned residential development. in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f ) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood. (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 use 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. (ij The proposed use should not involve any detrimental activity to any person's property or the general welfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 r . ~\ ~~ (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (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 is in the best interest of City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the City Engineer, Central District Health Department, and Nampa Meridian Irrigation District, will be met and complied with. 7. The requirements of the Ada County Highway District shall have to be complied with. 8. As a condition of rezoning, if there is room, the property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW VOTED VOTED VOTED VOTED VOTED Page 6 t DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Sewer Department requirements, the Nampa Meridian Irrigation requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 ~1 i~ :t T i ~~ ~~ Planning & Zoning January 11, 1994 Page 25 not a good situation but it time I think there will be a park in the other section west of Elk Run that will -take another sewer trunk and that will be several years before that area develops. Sagehen Estates and Upland Meadows we're actively talking to Mr. Goldsmith about a neighborhood park. Johnson: Thank you Wayne, Mr. Lee, any concluding remarks? Does anyone else have anything else, I thought I closed it. I will formerly close the public hearing. What Mould you like to do? Rountree: I move that we have Findings of Fact and Conclusions of Law prepared particularly emphasizing the situation with the sewer and water. Shearer: Second Johnson: Its moved and seconded we have the City Attorney prepare Findings of Fact and Conclusions of Law with special emphasis, all in favor? Opposed? MOTION CARRIED: All yea ITEM #11: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-8 TO L-O BY ROBERT AND FRAN WHITMIRE: (Meeting adjourned for a 10 minute break) Johnson: I'll now open the public hearing is there someone representing the applicant that would like to address the Commission please come forward. Sheryl Ott-Ward, 4258 White Ash Drive, was sworn by the Attorney. Ott-Ward: The property that we are proposing the zone change on is located just west of Meridian Road on Cherry Lane an area of mixed residential and commercial use. Within a 2 block radius there are several small businesses Meridian Family Chiropractic and a number of others. We feel this property would be compatible with these other small businesses that have minimal traffic flow as this owner schedules their clients on an appointment basis. The circle driveway offers easy off access on Cherry Lane and feels that it would not impede the traffic flow there. In reviewing the Comprehensive Plan for the City of Meridian we feel that it would meet the long term goals of the City. We request your approval on this application. I'd be happy to answer any questions that you have. Johnson: Thank you very much, any questions of Miss Ward? n Planning & Zoning January 11, 1994 Page 26 Rountree: Have you seen the comments from the City ,Engineer and ACHD? Ott-Ward: Yes I have Rountree: Do you have any problems with the comments that have been received? Ott-Ward: No, not at all. Rountree: Do you plan on any remodels or what not with the existing dwelling? Ott-Ward: Not at current other than really asphalting the parking lot in front what would be a parking lot. Shearer: What kind of business is going to go in there, what kind, do they have a particular client for the office? Ott-Ward: Yes, it is a construction business, and this particular builder has been in the business in the area for about 18 years. They have won a number of parade awards and build everything from lower end to upper end homes. And their quality of construction is excellent. As I said they have won a number of parade awards and they are very concerned about the aesthetic value and the quality of construction in Meridian. I feel it would be a real positive addition to businesses in the City. Alidjani: Since you mention he is a construction type office is there going to be storage unit also out in that area of heavy equipment? Ott-Ward: No, it will be mainly an office for meeting clients to review construction plans. Johnson: Any other questions? Thank you very much, we may recall you. Anyone else from the public like to address the commission on this application? Seeing no one then I will close the public hearing. Rountree: Mr. Chairman I move we have Findings of Fact and Conclusions prepared on this application. Alidjani: Second Johnson: We have a motion and a second to have the City Attorney prepare Findings of Fact and Conclusions, all in favor? Opposed? -^ ~ Planning & Zoning January 11, 1994 Page 27 Rountree: We have a little discussion on that, Mr. Chairman Mr. Forrey would like to give us a comment on that.. Forrey: Mr. Chairman, members of the commission I thought I heard Sheryl Ott say commercial zone, I was under the impression it was limited office. Rountree: It is limited office. MOTION CARRIED:. All yea ITEM #12: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR MERIDIAN MEADOWS BY WILFORD AND BARBARA FAWCETT AND RONALD HENRY: Johnson: I'll now open the public hearing, the representative or representatives of the applicant please come forward, you need to be sworn.. Ronald L. Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is an application for rezoning and preliminary plat approval of a subdivision 27 lot single family residential subdivision on 10 acres of property on the corner of State Highway 69 and Caldwell Street. This is actually south of Caldwell. Since the application was submitted, a kind of a change has been made. There is an opportunity to add some property to this subdivision and what I would like to do is to make a motion to table this and move it to next month. I have developed some conclusions and I have read all the comments from the City and the Highway district. I believe that the new plat that will be submitted will solve most of the problems in fact all of those problems. It is going to be a much better upgrade subdivision with the addition of the acreage. There is a couple of questions a couple of issues that I would really like to address maybe that there still is kind of unresolved, in the ACHD's report they talk about a continuation of existing irrigation and drainage systems across the parcel right now there is 3 separate I guess irrigation ditches that go across the property and terminate, 2 of them terminate in the new the street Calderwood, the other one goes underneath. I don't really understand this statement. I think they want the one across the front along Highway 69 is already there and probably could be continued. The others that go across the parcel I don't think can be, so that is a question. We included in this project a parcel that is on the east side of Ten Mile Creek, which we plan to dedicate for a mini park. And I know that there has been some discussion about that with Wayne Forrey and I believe in his letter DATE: _. _ ^ ~ ~ ~ l MERIDIAN PLANNING ~ ZONING AGENDA I TEM NUMBER ~ I APPLICANT :~~ ~ tRLv~._ ~J~ 1.~0 REQUEST • . O "~ L- AGENCY _ COMMENTS: ~ ~~ 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 - ~~ Cfv~~~o~ SETTLERS IRRIGATION - /~, .V IDAHO POWER - ~ C US WEST - ~ /J INTERMOUNTAIN GAS - ~ , I BUREAU OF RECLAMATION - u~ MERIDIAN CITY ATTORNEY - MERIDIAN PLANN I.NG D I RECTO R - ~- `-'~ OTHER COMMENTS: _ '~ ~ HUB OF TREASURE VALLE ~ ~- A Good Place to Live COUNCILMEN OFFICIALS P City Clerk CITY O F MERIDIAN RONALD R. TOLSN ROBERT GIESLEF JA NICE GASSRTreasure MAX YERRINGTOI BRUCE D. STUART, water works seat. 33 EAST IDAHO ROBERT D. CORRI WAYNE G. CROOKSTON. JR.. Attorney JOHN SHAWCROFT, Waste water soot. MERIDIAN, IDAHO 83642 chairman zoning 6 PIa KENNY BOWERS, Fire Chief phone (208) 888433 JIM JOHNSON BILL CORDON. Police Chief FAX (208) 887-4813 Centennial Coordlna GARY SMITH, P.E.. City Engineer PATSY FEDRIZZI GRANT P. KiNGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian may we have your answer by~ ~ ~ TRANSMITTAL DATE : ~ Z • Z " Q 3 HEARING DATE ~ ~ ~ ~ ~) -q y REQUEST= : ~o Q - - ~ ~~ ~ ~ - - B Y ~~ ~ ~~ ''~""`~- CT LOCATION OF PROPERTY OR : PROJE ,~~ JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFLCE (PRELIM AND FINAL PLATS) JIM SHEARER, P/I ADA COUNTY HIGHWAY DLSTRICT 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 IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER COy:-(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: POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER 16. Attached - .-. HUB OF TRB:9,1 UI2E VALLEY A Good Place to Live OFFICIALS WAYNE S.FORREY,AICP,CityClerk JANICE GASS. Treasurer CITY OF MERIDIAN COUNCILMEN A R ROBERTGESLER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 ROBERT 0. CORRIE KENNY BOWERS, Fire Chief + Chairman Zoning b Plannir BILL GORDON, Police Chief Phone (208) 888-4433 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 comments and recommendations will be considered by the McT-idian 'p ~ ', may we have your answer by: S ! `Y TRANSMITTAL DATE = ` 2-' 2 ' 4 ~ -- HEARING DATE : ~ ~ '~ ~ _q y REQUEST: RTY OR ' t~~ - ROJECT : ~~ ~ ~+'~ LOCATION OF PROPE ~. f P ~J 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 DLSTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT MfALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR.,DISTRICT RONALD TOLSMA, C/C SE:tTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CQ"".-('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: POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ,~ ~~~:~~; {~~`~' 7 4 ~~~~ APPLIATION FOR ANNEXATION APPROVAL & Cl ~,~~ ~~~ ~=r~:~,(~3~~~ ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N/A (PROPOSED NAME OF SUBDIVISION) 408 West Cherr y Lane Meridian {GENERAL LOCATION) see attached (LEGAL DESCRIPTION - ATTACH IF LENGTHY). Robert and Fran Whitmire (OWNER(S) OF RECORD) (NAME) 4()f3 W. f'harr~ Tana Mari r7i an Tr7ahn (TELEPHONE N0.) , (ADDRESS) Cheryl Ott 1323 lst St. Meridian 888-6978 (APPLICANT) (NAME) (TELEPHONE NO.) (ADDRESS) {ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) '~ ^ ~~ ~ ~1 ,~ ~ ~ ~ ~~ EXHIBIT 'rArr THP SOUTH 19$ FEET QF THE EAST 110 FI=FT QF Tl~il= SdUTHWEST QUARTER OF THE SOl1THEA8T QUAIi'CER pF StwCT10N ?, TQWNSHIP S NpRT'H, RANGE 1 WEST, 6U19E MERif~IAN, p1pA COUNTY, 14AH0, EXCI_RT q PARGIzL pp p FOR PUBLIC RIt3HT QF WAY LYINQ IN THE SOUTH 1f~ FEET OF THE EAST 110 FEET' OF THE ap13E ME=RIDIAN, ApA CQUNTY, IpA1i0 qNp MARE PARTICULARLY DESCRIBE4 AS FOLI,C7W8: 13E41NNING AT THE Z30UTM ONE OUARTE~! CORNER OF $AIL1 SECTION 1, THENCE SOUTH 89 DEGREES ~6' ~6" EAST A DISTANCE OF 1+331. REEL AI.ON© THIS $OUTHERl.Y gt~UNaARY OF THE 5Af D SOUTHI=AST QUARTER QF SEGTIpN 7, WHICH ~S ALSO THE CENTERLINE OF CHERRY I„pWE, Tp A POINT, Tl'fENCE NORTH U DiwGREE 12r 4S" W~ST'A DISTANCE QF 25.Q4 Fl:t;T TQ A POINT, ALSO SAID f'QINT BEiNQ 1'HE REAL RpINT QF ~f;GINNINQ, TMENCE CONTINUlNQ NORTH 0 DEQREE 12' 4S" WEST A D13'TANf,`E QR 16,p0 FEET TO A PAINT, THENCE NORTH e8 DEGREES YS' 4S" WEST A DISTAN~!~ OF 110.00 F~EI' ALQNp A LINE A (~fSTAI-1C1= O~ 40.00 FED I' NORTHERLY of AND PAfiALI.EL TO THE SAID SQUTHERLY l3QUNDARY OF THE SQUTHIwA3T QLIARTa=A QF S~EG7'tf3N 1 TO A P~?INT, THENCE $OUTM Q DEGREE as' aa" EAST A D19TANCtr QF 1 s.aa F'iwET To A pO1~, 7NI~NCF 80UTH 88 ©EGREES 26' 4S" EAS'i' A DISTANCE OF 11Q,00 F>?E7' AIANG A t,iNE 2~.QQ REST NC3RTHE~tLY OF AND PARAG,I.EL T4 THE SAID SaUTMERLY BQUNDARY QF THE SQUTHEA8T QUARTER OF SECTION 1 TO THE REAL pQINT Qf' SEaINNINC~, ~VD OF L,EGAI. aI;GCI~lPTION .,. ~?` A; 1 1 ~ ~:7 S]20144~ J i ~ 0 V m r Q _N N s]212]2a71s ( S1z~2i2o~oo 7 S12]211a374 s }, , i ~ ' ~. ~~ t ~~ 1 ~f t~ za~ Si212110,. :~ f S 12121103 ~i2i2120.800 1 ~ A~~~.u ~ti~~ MAR-25-94 FRI 12:49 REAL ESTATE GROUP 20$gggScJyS Y; r / v~~vT .rte .+ W ~~ ~,,,:•. ~s: ••t ; r'+"'~w+~"~O TOela.a p. Ndreland, ra Yr ua lee or tl,a Thelba H. }!orol+ •,. , FawiiY 7<1rseC daUrd, 1tPwNOeP 3^ 7975 .~, ~-Ttteptpntor .oo~ tsrebirpra+t.barD~,sagandconvsy..nla yliliua Hr~•ver 111 and pose 1 •t: L1tClalYsid ty4 sit~ib paeplr ~• 'r` the 9taWtbb a , whC~r Current sWkeSS id M68 !cast Cherrl- t.ane lhb fp{forrtn tlesaibsd mines, Yt lkridiaQ, Idaho 836tl2 9 Fxr Wa Gounty Idaho. to-wr Tbb 9out%b !98 !set of ibe Bset 11D feet of the SSi'/A of the SEtlL aP section t , Town: 9 llartbr Rance ! lisatr Boise ff+ridiaa^ Ada County. Idaho. laCB7?'! • ~rrnri nt Saa3 Car pabiio risht-0F-7/AY lying in the South tQ8 tact of the ES 110 Prat of !br 3Y1/M of ties S6t/N of Section T, 7ownahip 3 ibrth, Range t 4kat of tt Boise Fisridiaor iudb CooA67, IdeAo^ and oore particularly desorlhed as follows: 8sgiuilina b6 thr ;~ut6 oab-quarter cornMr of thb said SQ9tioo 1; thonca Soutb 8 'tfr' Beat 1x331,20 tNt Ilona the Southerly t,oundary of the sa=d sE1/t 4f 3eotion it ,a,3oiS Sa slso the canterllaa of Checrp La,ie, Ea a point: thence 1brtA d'12'~4• Nsrt 21.40 tact to a paitlt, ax s4 said point being the P.fAL POINT Or' BSGIMltiNGj tbaaon ooptinaing Rer`Ce ~12r#6• Trsst t3,00 teet to s point; thence North $!~2d'~6' Flbet l1Dt15 feet along s lies -i0-~0 feet Northerly of and parallel to !hr ae~ Southerly bauadar7 of the slltp of Sect_oa 1 to a poin4~ t2+erce SOgth 0'a6' beat SS.00 feel to s point; 6hence Sout2, b fF'~b" Erat !10.09 tact alooa s 2lne 25. :b feet Norttsrrly of and parallel to the ss1.d Sautberiy Daundsry si tlfa SE1/; erf Saotsan 1 to the RFJ1L POiA? OF BF.t:itf4II1G. 7R HA4E AND TO MOtD thesa:dpsm,ses. wHhthew appunenancea unto the aa+e Grantes+ their Isebs and assigns ton"ar_ -u+d the sa+e Grantor d~a hereb~l covena~~ to an with the said Gtattleea ,that ohs 14 Ins owMr in tee simple Pl said prem+sas; that they are !re ft'omantnCWr-braa+Ces EIt~P'Tt oarrent ;ear taxes, Nonditians, eortnants, r•eetrie- tiaas, reaerrFt18p4^ lf3eMatbr f16ht4 attd rights Of way, apparent ~r of record end that aha : will w0rrant and detthd ins same IrpRe: all Iawtul Clptm4 whatsoever. Dbied: .fuse !0^ 199} ` --. -- - ~ ,; g13D83b , t ~ STATE OF w.ulO, COUNTY OF Adb STAi~ pl '`~- ' ~ •• ea ' ~CitR17Y TIYI~ r • ~ anti et[ . ruse-_ , to erK i,.. }~.i 'got - • - FOf .~.r; wr ~errrtlT yKerd r 1 ` . ;Q ~___a. pwri Q ~ ca wr !a M eM nE!`" ~+i i+aesa ^w ! sa ad Ee s ~b t".erv.~e ^^ _ _ -'^ ~ ' ~ +.. r ~ GlA.i,., ,a r ;. ~~ , +6si ttiwtie ~' ta^ s>r ° relna`t«+t s a^ua tb„~~~,:~rs . 'gl .Gf: 11 F..1 lU ~ ' ,.mot: ~.; ;): ar ~W~ Wit 11 and ~ t i ~•Y/•`••e. P1 '~. 4 L~ 41' LIy Rf+r.~"^' ~ 1. diLN lI/u~l75- - '~ . .. ,+ , ,.. b -- a- Nasty p^>»,c r "' _. _ • ` Res' at BO188 ,qq1,+, Fses a C rs~ D7/3d/y~ ~+a,+ w: 'i:. .. S "F r ': MYi .~a1 N.M~ - eZ'•. .. . , ff77 ^ iC~ A...: 3 .. ,. s . P. 02 * .n, l.~ . ~ ~ 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 January 11, 1994, for the purpose of reviewing and considering the Application of Robert and Fran Whitmire, for a Rezone of land located in Section 1, T. 3N, R. 1W, Boise-Meridian, Ada County, Idaho, and which property is generally located on 408 west Cherry Lane. The Application requests annexation with zoning of 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 testimony. Dated this 23 day of December, 1993. WILLIAM G. BERG, JR., CITY CLERK C~ 1(l l-L ~ ~- To Whom it May Concern: ~. ~ November 5. 1993 We would like to request a zoning change from residential to commercial on our property located at 4fd8 West Cherry Lane, Meridian. Ada County. Idaho. We are requesting that the application and all publications on our behalf be in the name of Cheryl Ott. The Real Estate Group, 1323 1st Street. Meridian, Idaho, 83642. Sincerely, Whitmire Construction < ~~ Robert hitmire _.._ r ~' n 7 ~ -~~t ? ra ille `Whitmire ~ .. ..~ /!~ _ ~"~.? ter,-C'•--~ ~'+-~. - - ~~~ '` ~~~ ~~~c~l~ rti~t November 5, 1993 To Whom it May Concern: As titled owners of the real property located at 408 West Cherry Lane, Meridian, Ada County, Idaho, we, Robert and Francille Whitmire hereby authorize Cheryl Ott, sales associate for the Real Estate Group, 1313 1st Street. Meridian, Idaho to apply and represent us for a rezone on our property at 408 West Cherry Lane. Meridian, Ada County, Idaho. We wish this property to be rezoned for commercial use. Please accept the application and do all publications using her name. Sincerely, Whitmire Cgn~st lion >r ~~.~~~ /~ ~ ~ ~~/ ert~~~and"F~r~Tic'ille Wh~tmire /~'.; ~._-~ ~r r _ ~-'~C`~-L' L L / ~ ~~~ r. ^ ~ c~l~~~tC~ ~[ ~1l Property owners within a 300 foot radius to exterior boundaries of 408 Cherry Lane, Meridian, Ada County, Idaho. 1. Grapevine Mine Inc. 424 West Cherry Lane Meridian, Idaho 83642 2. Teresa L. Paine 1728 Crestmont Meridian, Idaho 83642 3. Judith R. Lolley 1720 Crestmont Meridian, Idaho 83642 4. Neil E. Denison P.O. Box 1537 Boise, Idaho 83701-1537 5. Paul and Alice Pack 1684 Havenwood Drive Oceanside, California 92054 6. Mary and Rory Lowe 1607 W. 4th Street Meridian, Idaho 83642 7. Robert Poe Bernice K. Trust 1617 W. 4th Street Meridian, Idaho 83642 8. Dr. Barry R. and Marilyn Sams P.O. Box 837 Meridian, Idaho 83642 9. Kenneth and Judy Kinzel 3700 Maywood Drive Boise, Idaho 83704 10. C.A. Cherry and B N Family Trust 7585 West Ustick Road Meridian, Idaho 83642 11. William T. Ritter 313 West Cherry Lane Meridian, Idaho 83642 t~ 12. C.A. Cherry and B N Family Trust 1926 Leisure Lane Meridian, Idaho 83642 13. Meridian Corp. Church of Jesus Christ of LDS Real Estate Division 50 E N Temple Salt Lake City, Utah 84150 14. Joyce Orr 236 West Cherry Meridian, Idaho 83642 15. Agnes Hoff Meridian Cherry Lane MH Park c/o Steven Cady 5120 West Cherry Lane Meridian, Idaho 83642 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on March 1, 1994, for the purpose of reviewing and considering the Application of Robert and Fran Whitmire, for a Rezone of land located in Section 1, T. 3N, R. 1W, Boise-Meridian, Ada County, Idaho, and which property is generally located on 408 West Cherry Lane. The Application requests annexation with zoning of L-O. A more particular legal description of the above property is on file in the City Clerks 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 9th day of February 1994. w~ WILLIAM G. BERG, JR., CI Y CLERK