Carrie, Jim VARWILLIAM G. BF_RG, JR., Clty 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.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P 8 Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Flre Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Ikpactrnent (208) 887-2211
Motor Vehicle/Drivers License (208) 888443
ROBERT D. CORRIE
Mayor
GOUNGIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P 8 Z COMMISSION
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1996
TRANSMITTAL DATE: 11/12/96 HEARING DAVE: 12/3 /96
REQUEST: Variance for Carrie Office Building
BY: Jim Carrie
LOCATION OF PROPERTY OR PROJECT: Fairview Avenue and Barbara Street
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
JIM SHEARER, P/Z
GREG OSLUND, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPART~9ENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PREL~A & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
~' ~ CITY OF MERIDIAN
33 East Idaho Street, Meridian, ~ ID 83642
• VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
NAME: - J I T'. (~f~`,r"1 ~~~i ~ y`'
(Owner or holder of valid option
ADDRESS:
GENERAL LOCATION:
~W ~.~
I~
T
- - LEGAL DESCRIPTION OF PROPERTY: /d~~ ~ ~~ -
PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option -
agreement must be attached. ~ .
,~
~,
;:.~:
• PRESENT ZONE CLASSIFICATION:~~ ~ .
.. VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing
property lines, streets existing and proposed zoning and such other items as the City may require. •-~'
__ , .
_r -
_ SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, ~ -~_=
contiguous 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.) ',
-~
~~~~ ~o ~ ~~~~.
- DESCRIPTION OF PROPOSED VARIANCE:~~ ~ ~ ~ "~
' ~T ~a~~.
• _. - z~' 12~~ ~~~f ~~~ ~~1'11fi~Ci1 ~~~~~~'rI~L ~Zof~~. - • .~;.--
v;~
~11~ s ~~ I ~ I oo SIGNATURE:
~~ , ~'~j~ . ~ ~ 6 CITY COUNCIL R~ - .
Date Received ~ ~itv Counci] Hearing Date ~-
Received by
410 S. Orchard, Suite
Boise, Idaho 83705
(208) 336-0900
October 22, 1996
Meridian City Council
33 East Idaho Street
Meridian, ID 83642
RE: Request for Variance; CARRIE OFFICE BUILDING,
600 Fairview Avenue, Meridian, ID 83642
APPLICANT/OWNER: Jim Carrie/Carrie Nomes
521 East 3rd Street
Meridian, ID 83642
(208) 887-0055
ATTACHED ITEMS: #4
#5
#9
#10
#ii
#21
#23
NARRATIVE:
Proof of Ownership
Legal Description
Vicinity Map - Plot Plan
Landscape Plan, Building Plan, Elevations
Impacted Property Owner, Mailing List
Applicable Fee
Posting Notice - To be submitted as required
notarized statement to be submitted
This application is a request to construct a ?200 gross square
foot (6800 net S.F.) office building and improvements within the
rear (Northern) setback of the property. The building wfll be
owner occupied with lease space. The property, currently vacant,
is within a C.G. zoning district and our intended use (office
space) is compatible within this zone.
Because the property abuts a residential district, a 20'
setback is required by the Meridian Zoning Ordinance. Due to
site constraints explained in this letter we are requesting
a reduction of this requirement to five (5) feet. Additionally,
we are requesting that the landscape strip adjacent to Fairview
Avenue be reduced to five (5) feet instead of the typical thirty-
five (35) feet.
The property is located at the Northwest corner of Fairview
Avenue and Barbara Street. The lot is bisected by a portion of
the Five Mile Creek (see plot plan). The Nampa -Meridian
• •
Irrigation District and Federal Bureau of Reclamation maintain a
100 foot (50' each side centerline) easement on the creek. This
easement heavily impacts the site. Under licensing/land use
agreements we will be allowed to pave and park within this
easement area, but erection of a building is impractical and
unadvised due to the maintenance requirements of the irrigation
company. The easement/building restrictions are site specific
and not applicable to other lots not impacted by the Five Mile
Creek/other drains within the C.G. district.
The drainage easement described was established by an Act of
the Federal Government at the turn of the century and
conveyed by contract to the Irrigation District. These
agreements which heavily impact the site, regardless of
intended, use were clearly beyond the control/action of the
applicant and will affect the use of the-site regardless of
ownership.
Without a reduction of this zoning standard this site becomes
unbuildable to accepted and practiced standards of modular
construction. Further, consideration of the A.D.A. (handicap)
access requirements and zoning height limits warrant a maximum
two story building. Additionally, placement of the required 17
parking spaces and vehicular access per the zoning ordinance
standards could not be achieved.
The owner/applicant understands
be site/project specific and
privilege -not allowed by the
projects.
that if granted the variance will
does not extend any special
ordinance to other sites and
If granted the variance would enable the applicant to build
on an otherwise unviable parcel of ground. This project is
a compatible use within a C.G. zone established by the
Meridian Comprehensive Plan. We believe the project will
help to frame the Fairview Avenue entry to the city and the
landscaping of site will enhance this approach.
Additionally, the building and landscaping will help to
buffer the adjacent residential zone from the impact of
Fairview Avenue (future 7 lanes).
Our office and client are looking forward to working with the
Planning and Zoning Staff and the Commission in developing this
challenging site. Please feel free to contact our office with
any questions. Thank you in advance for your assistance with
this project.
ectfully Submit d,
sell W. Coburn,
ntern Architect
RWC/tbs. enclosures
File No.:
CC~ORATE WARRANTY DEED
FOR VALUE RECEIVED,
PIONEER FEDERAL CREDIT UNION
a corporation organized end existing under the laws of the State of Idaho, with its principal office at
P.O. BOX 1300 Mountain Homs, ID 83847 of County of Ada , Stste of Idaho,
GRANTORIs), doesldo) hereby GRANT, BARGAIN, SELL end CONVEY unto '
HOME ART CORPORATION, an Idsho corporation
GRANTEESIsI, whose current address b: 621 E. 3rd Street Meridian, Idaho 83642
the following described real property in Ada County, State of Idaho,
more partieulsrly described as follows, to wit:
Beginning et the South quarter corner, Section 6, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idsho; tMnce
North 60.0 feet to an Iron pin on the NortMrly boundary of United States
Highway 30; thenq
South 88°52'30• Meat 300.00 Laat along the Northerly boundary of t?nited Staten
Highway 30 to a point, the RBAI, POINT OP 880INNiNG; thence continuing
South 66•S2'30• Meet 126.26 Lset to an iron pin on the Northerly boundary of
United States Highway 30; thaace
North 27.20'00" Meat 75.66 Leet to as iron pin; thence
North 33.57'00" Sant 100.31 Leet to a points thaace
North 68.52'30" Bast 105.00 feat to a point; thence
South ISO.OO Lest to the POINT OF 88GINNING.
SXCBPT ditch and road rights-oi-way.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grontsels), end Grentselsl
heirs and assigns forever. And the ssid Grsntorls( doesldo) hereby covenant to end with the ssid Granteelsl, that
Grsntorls( islars the owner(s) in fee simple of said premises; thst said premises are free from all encumbrances,
EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the
Grantee(s); end subject to roservations, restrictions, dedications, essemenu, rights of way end sgrsemsnts,lif any)
of record, and general taxes and assessments, (including irrigation and utility esssasments, if any) for the current
year. which are not yet due and payable, and that Grsntorls) will warrsnt and defend the same from all Iswful
daims whatsoever.
The officero who sign this deed hereby certify that this deed and the transfer represented tMreby was duly
authorized under a resolution duly adopted by the board of directors of the Grsntor at a lawful meeting duly
held end attended by • quorum.
to witness whereof, the Grantor has caused its corporate name to be hereunto sffixed by its duly authorized
officers this day of September , fn the year of 1994.
Pioneer Federal C pion
Q.A. Daft /.'e A 1 Pratidant
C~;_ ,
Anita Twhah ",' ~ 1;,1Tt: ~L, SaentwY
~i ce...~ Inl
STATE OF Idala ,County of '~.P~...~}{s.
On tNs 3L day of fn tM yea of
1994, bafon ma, tM undarsfpnad, a Notary Public fn and
for said Stab, paraanaUy appaarad G.11. Oaft and
Anita TwhcMU' r~:+
known or kiantifMd b rrla b ba tlr PreaWant and
. ,Sa't~t~ ...:~'Ot ~N• OOrperoti0n tflat exaarted
~`tfM (nstrtaf-antOr tM oarions who axea+aRad an bahaM Of
~ s e~raUon, and aeknowMdped to itn that such
on ~xecutad ' soma.
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Ite^ ii. Property Owners within 300' of referenced project
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51106 346625 I~R-i+~iN~ TERRACE LLC
1317 W. FOOTHILL B1, *226
UPLAND, CA 91786-3684
347199 JOHANNESEN ERLING
2121 SERVICE AVE.
EMMETT, ID 83617
346910 JACKSONS FOOD STORES
PO BOX 488
MERIDIAN, IDAHO 83642-3427
346900 KENNETH D. MARLER
400 EAST FAIRVIEW AVE.
MERIDIAN, ID 83642
S110? 212505 GENTRY, ALLEN
4595 SHAMROCK,
BOISE, ID 83704
212550 ROBERT AND PATRICIA JACOBSEN
212545 204 SUNRISE RIM RD.
NAMPA, ID 83686
212705 ELMGROVE TRAILER PARK
PO BOX 155
MERIDIAN, ID 83680
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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 3, 1996, for the purpose of reviewing end considering the
Application of Jim Carrie, for a Variance application for land located in the S 1/4 corner,
Section 6, T.3N, R.1 E, Ada County, Idaho, and which property is generally located at
Fairview Avenue and Barbara Street. The Application requests a variance to the rear
setback requirement and landscape strip requirement.
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 13th day of November,1996
WILLIAM G. BERG, JR., CI C ERK
t s
Meridian City Council
December 17, 1996
Page 8
make sure that it all came together at one time and one place, is that correct?
Crookston: That is correct, the legal description that was initially provided the City did not
close. The reason for the change is to have a legal description that closes the property.
That is the only reason for the amended ordinance.
Corrie: Amended Ordinance #731, AN ORDINANCE OF THE CITY OF MERIDIAN
ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A
TRACT OF LAND SITUATED IN THE SE 1/4 OF SECTION 8, T.3N, R.1 E, B.M., ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the
audience that would like to have amended ordinance #731 read in its entirety? Hearing
none I will entertain a motion for acceptance of Amended Ordinance #731.
Rountree: Mr. Mayor I would have a question for Gary Smith. On the Olson Bush property
description did that finally close?
Smith: Yes sir.
Rountree: Mr. Mayor I would move that we adopt Ordinance #731 with suspension of
rules.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve amended
ordinance #731 with suspension of rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE FOR
CARRIE OFFICE BUILDING BY JIM CARRIE:
Corrie: Council you have those findings.
Morrow: Mr. Mayor, for the sake of clarity, there was a set of findings in our packet that had
some incorrect areas in them. Counselor did just prior to the start of the meeting did pass
out a set of new findings with those items con'ected. I think that what I would like to do is.
make a motion that we hereby approve and adopt the amended findings of fact and
conclusions of law if that is appropriate.
Meridian City Council
December 17, 1996
Page 9
Crookston: They are not amended, they are changed but they are not amended because
they were never adopted. So they are not amended findings.
Morrow: Well would you be more comfortable then if I set number 2 or something like that
so that there is no confusion as to which ones we were adopting.
Crookston: Well is set number two (inaudible)
Morrow: Mr. Mayor, I would like to rephrase my motion to adopt the findings of fact and
conclusions of law as prepared by the Counselor in the final version.
Tolsma: Second
Cowie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact
and conclusions of law as adopted as the final version you have in front of you, any further
discussion? Roll call vote
ROLL CALL VOTE: Morrow -Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea
MOTION CARRIED: All Yea
Cowie: Entertain a motion on the decision.
Morrow: Mr. Mayor, it is decided the application for a variance from 11-2-410 A, 11-9-605
B the 35 landscape strip should not be granted to the applicant and the application is
denied.
Rountree: Second
Cowie: Motion made by Mr. Morrow, second by Mr. Rountree that the decision as read, any
further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C BY
CHERRY PLAZA ASSOCIATES:
Cowie: At this time I will open the public hearing and Council you have received a letter,
did you all receive the letter from Chuck Christianson the engineer, asking that the public
hearing for this project be continued to January 7? Is there anybody from the public that
would like to enter testimony tonight on this request for annexation? Hearing none, Council
•
MERIDIAN CITY COUNCIL MEETING: December 17.1996
APPLICANT: JIM CARRIE ITEM NUMBER; 6
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
~c~~
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d~~~'~
Y ~J~
~~~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
' ~ •
BEFORE TH8 MERIDIAN CITY COUNCIL
APPLICATION OF JIM CABBIE AND CABBIE HOMES
FOR A VARIANCE FROM THE 15' SET SACK RE UIREMSNT IN THE
ZONING ORDINANCE AND FROM THE 35' LANDSCAPE STRIP RB UIRSMBNT
IN TH8 COMPREHENSIVE PLAN
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on December 3, 1996, at approximately 7:30 o'clock
p.m. on said date, at the Meridian City 8a11, 33 East Idaho Street,
Meridian, Idaho, the Applicant's representative, Jerry Wolfe,
appearing 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 December 3, 1996, the first publication of which was fifteen
(15) days prior to said hearing; that the matter was duly
considered at the December 3, 1996, hearing; that copies of all
notices were available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E. , 11-2-419 D. , and 11-
9-612 B. l.b of the Revised and Compiled Ordinances of the City of
Meridian; that his requirement has been met.
3. That the property is zoned General Retail and Service
Commercial, C-G, which is defined in the Zoning Ordinance, Section
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
• •
11-2-408 B 11. as follows:
" (C-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
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 [City] ...
Water and Sewer ... , and shall not constitute strip commercial
development ...°
4. That Ordinance 11-9-605, G., PLANTING STRIPS AND RESERVE
STRIPS, for the C-G District, requires that there be a twenty (20)
foot planting strip to screen the view from residential properties;
that 11-2-410 A requires that in the C-G District property have a
15 foot front set back; that the Comprehensive Plan suggests that
properties abutting major arterials have thirty-five (35) feet of
landscaping along them. Also, Section 11-2-414 C, LOCATION OF OFF-
STREET PARRING, 6., states as follows:
Minimum Distance and Setbacks - No part of any parking area
for more than ten (10) vehicles shall be closer than twenty
feet (20') to any dwelling unit, school, hospital, or other
institution for human care located on an adjoining lot unless
separated by an acceptably designed screen. If on the same
lot with a single-family dwelling, the parking area shall not
be located within the front yard required for such building.
In no case shall any part of a parking area be closer than
four feet (4') to any established street or alley right-of-
way.
5. That the Applicant, Jim Carrie and Carrie Eomes, has
requested that they be granted a variance from the above yard
setback requirement to have a five (5) foot yard setback at the
proposed property on Fairview Avenue and Barbara Street and
requested that he not be required to have thirty-five (35) feet of
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2
landscaping along Fairview Avenue.
6. The Applicant farther stated in the Application that the
proposed use would be an office building of 6, 800 square feet; that
the property abuts a residential district and a twenty (20) foot
setback is required by the Meridian Zoning Ordinance; that due to
site constraints addressed in Applicant's Application, Applicant is
requesting a reduction of the set back requirement; that in the
Application, Applicant additionally requested that the landscape
strip adjacent to Fairview Avenue be reduced to five (5) feet
instead of the thirty-five (35) feet.
7. That the drawing submitted with Application shows the
five ( 5 ) foot rear yard setback; that at the public hearing the
Applicant's representative stated that there is a one hundred (100)
foot irrigation easement that goes through the center of the
property; that there is also a rear yard setback of twenty (20)
feet that goes at the rear of the property which. leaves hardly any
ground to build on; that normally a piece of ground would allow
10, 000 to 12, 000 square feet of office building with all of the
parking; that the variance would allow the Applicant to build a
6, 800 square foot building with the required parking split as noted
in the Applicant's Application; that the Ada County Highway
District did not have any problems with the split parking; that the
Nampa & Meridian Irrigation District didn't have a problem with the
layout of parking; that Applicant's representative stated there
were no problems with the staff report.
8. That the Meridian Police and Fire Departments and the
FINDINGS OF FACT & CONCLUSIOBS OF LAW - Page 3
•
Central District Health Department may submit comments which shall
be incorporated herein, and which ~rould need to be complied with.
9. Councilman Rountree submitted comment regarding the
crossing at Five Mile Creek with a bridge for pedestrians so that
parking space could. be utilized by the facility.
10. Jerry Wolfe additionally commented that the ACHD desired
a bridge crossing; that the approval of~the Nampa & Meridian
Irrigation District still needed to be worked out; that regarding
the parking and square footage the Applicant desires to work out
those matters with the staff before applying for the building
permit; that the representative agreed that all requirements could
be met.
11. Mayor Corrie presented a question before Jerry Wolfe
regarding the bridge and if they are not allowed to build it, then
how would they get over to the building.
12. Jerry Wolfe testified that it would have to be walked
around; that there is a proposal for a sidewalk; that they are in
hopes of building the bridge as they work with Nampa & Meridian
Irrigation District.
13. Councilmen Rountree submitted comments in regards to the
parking and questioned how that would be met if Applicant was not
granted the bridge.
14. Jerry Wolfe again submitted comments in regard to the
parking and that there would be no problem in that area.
15. Shari Stiles commented that her main issue would be to
make sure they obtain the approval for the pedestrian walkway
FINDINGS OF FACT & CONCLUSIONS OF L~iii - Page 4
• •
across Five Mile Creek, prior to getting a building permit; that
the ACRD had indicted to her that a sidewalk was not possible at
this time; that she did submit written comments which are
incorporated herein as if set forth in full.
16. That the entire property in question is described in the
variance application and is incorporated herein as if set forth in
full.
17. That the following Ordinance provisions in the Zoning
Ordinance are hereby noted:
"2-414 OFF-STREET PARKING & LOADING FACILITIES
2-414 A GENERAL REQUIREMENTS
1. No building or structure shall be erected,
substantially altered or its use changed unless
permanently maintained off-street parking and
loading spaces have been provided in accordance
with the provisions of this Ordinance.
2. Change_ of Use - When the intensity of use of any
building, structure or premises shall be increased
through addition of dwelling units, gross floor
area, seating capacity [a horizontal uait of width
of eighteen inches (18") per seat or other units of
measurement specified herein for required parking),
or loading facilities, parking and loading
facilities as required herein shall be provided for
such increase in intensity of use.
. .
2-414 C, LOCATION OF OFF-STREET PARKING
. .
4. Parking in Setback Area - When abutting another
commercial use, parking shall be permitted within
the setback area. When abutting residential uses,
parking shall not be permitted in the setback area.
. .
6. Minimum Distance and Setbacks - No part of any
parking area for more than ten (10) vehicles shall
be closer than twenty feet (20') to any dwelling
unit, school, hospital, or other institution for
human care located on an adjoining lot unless
separated by an acceptably designed screen. If on
the same lot with a single-family dwelling, the
parking area shall not be located within the front
yard requix~d :nor such building. In no case shall
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
•
any part of a parking area be closer than four feet
(4') to any established street or alley right-of-
way.
2-414 D, DESIGN STANDARDS FOR OFF-STREET PARKING
. .
2. Screening. Landscaping and Draiaaae -
a. Landscacing - Landscaping shall be required
for all off-street parking areas for multi-
family residential,. commercial, industrial and
technical developments;
b. Underground Surinklina Svstems - Underground
sprinkling systems shall be required to
maintain screening, planting strips, and other
landscaping;
c. Screening - Whenever a com~aercial off-street
parking area is located in or adjacent to a
Residential District, it shall be effectively
screened on all sides which adjoin or face any
property used for residential uses by a wall,
fence, or planting screen that is not less
than four feet (4') in height plus a planting
strip of four feet (4') minimum width or in an
alternate arrangement as approved by the
Commission;
Suitable landscaping and ground cover
shall be provided and maintained on a
continuing basis within the planting strip.
Planting screens or hedges shall not exceed
two feet (2') in height where location is such
that sight lines are necessary for vehicular
movement across pedestrian ways;
At least one (1) tree not less than three
inches (3") diameter size class shall be
provided for every one thousand five hundred
(1,500) square feet of paveaent area; and
d. Drainage - A drainage plan designed by an
architect or an engineer shall be submitted
and required for all off-street parking areas
and shall be approved by the City Engineer.
. .
2-414 E SCHEDULE OF PARKING SPACE REQUIREMENTS
• .
b. Commercial
. .
(6) Professional Offices One (1) for
each f our
hundred (400)
square feet of
gross floor
area;"
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
•
18. That the following Ordinance .provisions in the
Subdivision and Development Ordinance are hereby noted:
"9-605 G PLANTING STRIPS AND RESERVE STRIPS
Planting strips and reserve strips shall conform to the
following:
1. Planting Strips - planting strips shall be required
to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses
to .screen .the view from residential properties.
Such screening shall be a minimum of twenty feet
(20') wide and shall not be a part of the normal
street right-of-way or utility easement; .n
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance upon which it may take
judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the S~t~te.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7
• •
5. That the specific requirements regarding a variance that
must be evidenced and found by the City Council are as follows:
"11-9-612 A. 2., FINDINGS: 1~ variance shall be favorably
acted upon by the Council unless there is a finding, as a
result of a public hearing, that all of the following exist:
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would be clearly
impracticable or unreasonable; in such cases, the
subdivider shall. first state his reasons in writing as to
the specific provision or requirement involved;
b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, the nature of
condition of adjacent development, other physical
conditions or other conditions that make strict
compliance with this Ordinance unreasonable under the
circumstances, or that the conditions and requirements of
this Ordinance will result in inhibiting the achievement
or objectives of this Ordinance.
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That such variance will not violate the provisions of the
Idaho code; and
e. That such variance will not have the effect of nullifying
the interest and purpose- of this Ordinance and the
Comprehensive Development Plan.
6. That it is concluded that there does. appear to be a
specific benefit or profit, economic gain or convenience to the
Applicant if the variance of the yard setback and thirty-five foot
landscape strip is granted.
7. That it is further concluded that since Section 9-605 G,
PLANTING STRIPS AND RESERVE STRIPS, requires that a planting strip
be placed next to incompatible features such as highways,
railroads, commercial or incustrial uses to screen the view from
FINDINGS OF FACT & CONCLUSIONS OF LAA - Page 8
residential properties, that such screening be a m;n;m~ of twenty
feet (20') wide, and shall not be a part of the normal street
right-of-way or utility easement, that there is insufficient space
on the Applicant's property to meet Section 11-9-605 G., and a five
foot setback is too much of a reduction from the required twenty
feet, and therefore the variance should be denied.
8. That it is further concluded that since Section 2-414 D,
DESIGN STANDARDS FOR OFF-STREET PARKING, requires that whenever a
commercial off-street parking area is located in or adjacent to a
Residential District, that it be effectively screened on all sides
which adjoin or face any property used for residential uses by a
wall, fence, or planting screen; the wall, fence or planting screen
is to be not less than four feet (4' ) in height plus a planting
strip of four feet (4') minimum width; that all off-street parking
areas for commercial developments adjacent to residential areas are
to be effectively screened on all sides which adjoin or face any
property used for residential uses by a wall, fence, or planting
screen; that, again, there is insufficient space on the Applicant's
property to meet Section 11-2-414 D, DESIGN STANDARDS FOR OFF-
STREET PARKING, the reduction in Ordinance requirements is too
great, and the variance should be denied.
9. That regarding Section 11-9-612 A. 2., regarding the
variance of 11-1-410 A, 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 twenty (20) foot set back Ordinance
would clearly be unreasonable; but the reduction of the
Ordinance requirements is too great and almost totally
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 9
.~ ~ !
•
removes the practicality of the requirements.
b. That strict compliance with the requirements of the
twenty (20) foot set back Ordinance would not result in
extraordinary hardship to the Applicant since even though
strict compliance would restrict development, the
requested changes to the Ordinance are to drastic.
c. That the granting of a variance would be detrimental to
the public's welfare or injurious to the public.
d. That the variances would have the effect of altering the
interests and purposes of the twenty (20) foot set back
Ordinance which is included in the Zoning Ordinance.
10. That it is further concluded that variances of the rear
yard setbacks have been allowed in other commercial developments
but where they have been granted the improvements were not as great
a change as Applicant is requesting.
11. That the thirty-five foot landscape strip, as allowed in
the Meridian Comprehensive Plan, has been uniformly. required for
developments along Fairview Avenue and it should be applied in this
case and a drop from 35 feet to five feet would be unreasonable.
12. That it is concluded that the variances of 11-2-410 A,
11-9-605 G. , and the thirty-five foot landscape strip should not be
granted to the Applicant.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 10
APPROVAL OF la'INDINti3 OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approve these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN MORROW VOTED
COUNCILMAN TOLSMA vnmrar-
COUNCILMAN ROUNTREE VOTED
COUNCILMAN BENTLEY VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DBCISION
That it is decided the Application for a variance from 11-2-
410 A, 11-9-605 G., and the thirty-five foot landscape strip,
should not be granted to the Applicant, and the Application is
denied.
APPROVED.
DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 11
r
r
Meridian City Council
December 3, 1996
Page 8
ITEM #5: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR CARRIE OFFICE
BUILDING BY JIM CARRIE:
Corrie: At this time I will open the public hearing and invite a representative from the Carrie
Office building, Jim Carrie if you are here to come forward.
Jerry Wolfe, 410 South Orchard, Boise, was sworn by the City Attorney.
Wolfe: Again we are here to request a variance on a rear yard set back on a piece of
property. If I could approach the (inaudible) I could probably better explain it with some
drawings. What we have here is a piece of property with Fairview Avenue here, this is a
duplication of this. Fairview Avenue here, Barbara Street here and then we have got a 100
foot irrigation easement that goes through the center of it. And then a rear yard setback
of 20 feet that goes at the rear which leaves us hardly any ground to build on. A normal
piece of ground would allow 10,000 to 12,000 square feet of office building there with all
of the parking. We have worked it out if we can use a portion of the rear yard setback to
put 6800 square foot building back here with the required parking split situation portion of
it here then a portion of it off of Fairview. We have talked with the Highway Department
and they don't have a problem with us coming here and here. We have talked with the
irrigation, department and they don't have a problem with the layout the way it is. So, the
only thing we have left to do is get the blessing of the variance there. The staff report, we
don't have any problem at all with the conditions of approval.
Corrie: Would the members of the Council like to see that a little closer, you guys didn't
get a chance to see what he was looking at too.
Wolfe: (Inaudible)
Corrie: Council, comments or questions?
Rountree: Mr. Mayor, you did indicate that you have read and concur and will meet all of
the conditions and comments provided by the staff memo dated November 29th, I just want
to reaffirm one issue with the crossing of Five Mile Creek with a bridge for pedestrians so
that parking space can be utilized by that facility..
Wolfe: Again I have read everything, there are some items that there is a bit of a conflict
with the Highway Department would like us to have a bridge across there. We would love
to have the bridge but I still need the approval of the ditch company. So there is still that
portion to be worked out. As there is a couple of other little comments the staff made that
were in the comment section. On the amount of parking and square footage I would like
to have the privilege of just working that out with the staff prior to our applying for a
Meridian City Council
December 3, 1996
Page 9
building permit. We can meet all of the requirements there is no problem.
Con-ie: I guess my question, what if you don't get the bridge, how do you get over there?
Wolfe: Walk around I guess. There is a proposal for a sidewalk that I don't know, we
hope to put a bridge in and working with the ditch company.
Rountree: In the event that doesn't happen how do you propose to meet your parking
requirements?
Wolfe: The parking requirements, there isn't a problem with the parking requirements.
Rountree: On the site?
Wolfe: Correct
Corrie: I guess Shari, do you have any comments?
Stiles: Mr. Mayor and Council I don't really have anything to add to what my written
comments are. I guess the main issue would be to make sure that well as my comment
states that they are to obtain the approval for the pedestrian walkway across Five Mile
Creek prior to getting a building permit. Ada County Highway District has indicated that
sidewalk is not possible at this time. I believe that is in their report, it couldn't be built at
the proper location at this time and it would basically involve a bridge over Five Mile Creek
anyway. I think the best alternative is to try to do some kind of pedestrian walkway over
Five Mile Creek if at all possible.
Wolfe: Again, we are asking for a variance for the setback, I think we can work at all these
others details and bugs.
Corrie: Any further questions of the Council? Thank you Mr. Wolfe, is there anyone else
from the public that would like to comment on this variance request. Hearing none,
Council comments? Hearing none I will close the public hearing.
Morrow: Mr. Mayor I would I move to instruct the City Attorney to prepare findings of fact
and conclusions.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Rountree to instruct the City attorney to
draw up findings of fact and conclusions. Any further discussion, all those in favor?
•
.` .
Meridian City Council
December 3, 1996
Page 10
Opposed?
MOTION CARRIED: All Yea
ITEM #6: NON-DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE
SUBDIVISION 4:
Corrie: Counselor, do we have that?
Crookston: I haven't seen, I talked to Mr. Bradbury's office today and told him what small
change I wanted but I have not seen it.
(Inaudible)
Rountree: If the students are wondering what is going on we are waiting for advice from
our attorney on whether or not this agreement is to the benefit of the City.
(Inaudible)
Crookston: Mr. Mayor, this is changed somewhat but I don't believe it addresses the
problem I addressed to Mr. Bradbury's secretary this morning. It does say that at such time
as developer has completed the installation of all improvements as required by the City
and other governmental entities with jurisdiction thereof this agreement shall terminate and
City shall execute and deliver to developer for recredation an appropriate document
releasing the said temporary restrain on the conveyance of the lots of said subdivision and
acknowledging that this agreement shall have no further force and effect What I had
suggested to Mr. Bradbury's secretary is there would be something there that the
developer would pay for the cost of recording that release. That is not addressed, it
doesn't say who does. In the original document it said that the City would prepare the
release and record it .
Morrow: Mr. Mayor, I would move that the Council approve the non-development
agreement for the Lake at Cherry Lane Subdivision NO. 4 subject to City Attorney
Crookstons and Steven Bradbury, counselor for Chevy Lane Subdivision concluding a
successful agreement. Upon that agreement being crafted that I would authorize the Mayor
to sign and the City Clerk to attest.
Rountree: Second
Corrie: The motion is made by Mr Morrow, second by Mr. Rountree to approve the non-
development agreement subject to the two attorneys coming into agreement with the
•
MERIDIAN CITY COUNCIL MEETING: December 3 1996
APPLICANT: JIM CARRIE ITEM NUMBER; 5
REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR CARRIE OFFICE BUILDING
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
~c
~`
~~ N
REVIEWED Q
SEE ATTACHED COMMENTS ~ ~
I
`~ ""
U~
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
WILLIAM G. BF_RG, 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.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
• COUNCIL MEMBERS
HUB OF TREASURE VALLEY
A Good Place to Live WALT W. MORROW, President
RONALD R. TOLSMA
CITY OF MERIDIAN E
C
GLENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 TIM HEPPER
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Mayor
TO: Mayor and Council
FROM: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, Planning & Zoning Administrator
DATE: November 29, 1996
SUBJECT: Request for a Variance to the 20-foot Planting Strip Requirement Adjacent to a
Residential Use by Jim Carne
We have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process.
All driveway and parking areas shall be paved, with all driveway accesses approved by the
Ada County Highway District. Off-street parking shall meet the requirements of 11-2-
414.D, including appropriate striping and designation of ADA-accessible spaces and
signage. In no case shall any part of a parking area be closer than four feet (4') to any
established street or alley right-of--way. (One space adjacent to Barbara Street is shown ~
the property line.) Paving shall be complete prior to obtaining a Certificate of Occupancy.
A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All site drainage shall be contained and disposed of on-site.
2. Dedication by property owner of required right-of--way on Fairview Avenue shall take
place prior to obtaining a building permit. Applicant to provide a recorded warranty deed
to the Public Works Department as evidence this has been completed.
3. Underground sprinkling and a minimum of one (1) three-inch (3 ") caliper tree per 1, 500
square feet of asphalt is required by City Ordinance.
4. No outdoor storage of equipment or materials is permitted.
5. All signage is subject to design review approval; Applicant is to obtain sign permits for all
signage.
6. Applicant to provide evidence of Road Trust/Letter of Credit to ACHD for sidewalk
construction on Fairview Avenue. Applicant is to construct/reconstruct curb, gutter and
sidewalk on Barbara Street.
•
Mayor & Council
November 29, 1996
Page 2
7. Lighting shall not impact residential properties or cause glare, as determined by the City.
8. Landscape plan is not to be altered without prior written approval of the Meridian
Planning & Zoning Department. Some type of planting besides sod should be
incorporated behind the building.
9. A screened trash enclosure is to be provided per City Ordinance (shown on Plan).
10. The building owner shall be required to install sanitary sewer and water services for the
site and enter into an Assessment Agreement with the City of Meridian prior to obtaining
a Certificate of Occupancy.
11. A north elevation view was not included in the submittal package. However, it would
appear that the balcony and windows on the northerly side of the building could cause
privacy concerns for the adjacent renters in the mobile home park.
12. One (1) parking space is required for each four hundred (400) square feet of gross floor
area. The application states that the gross square footage is 7,200 square feet, which
would require 18 parking spaces. Only 17 spaces are shown. The five spaces adjacent to
Five Mile Creek are not really functional unless a pedestrian walkway along Fairview
Avenue or across Five Mile Creek is provided. The Ada County Highway District has
indicated that a walkway along Fairview Avenue would basically require a bridge which
could probably not be constructed in the proper location at this time. Applicant is to
obtain approval for a pedestrian walkway across Five Mile Creek prior to obtaining a
building permit.
13. The applicant faces many challenges with this parcel of ground. A reduction in the size of
the building or construction of only one story may need to be considered if some of the
above-mentioned requirements cannot be met or the requested variance is not granted.
• HUB OF TREASURE VALLEY
WILLIAM G. BF_RG, JR., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E., Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Flre Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208)1~7~813
Public Works/Building Department (208) 88T-2211
Motor VehiclelDrivda IJcense (208) 88d-4f43
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & 2 COMMISSION
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk ~y: November 26. 1996
TRANSMITTAL DATE: 11/12/96 HEARING DATE: 12/3 /96
REQUEST: Variance for Carrie Office Building
BY: Jim Carrie
LOCATION OF PROPERTY OR PROJECT: Fairview Avenue and Barbara Street
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
JIM SHEARER, P/Z
GREG OSLUND, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DE~ART'MENT
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 DfSTRICF HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELgIIt & FINAL PLATT
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLA'>7
CITY FILES
OTHER:
YOUR CONCISE REMARKSn _
ED
CITY ~F I~E~IDI~I~
• HUB OF TREASURE VALLEY •
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E., Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
P6oue (208) 888-4433 • FAX (208) 887-4813
Pub>~ Wor1s/Building Depachoeot (208) 887-2211
Mlaooa Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chalm~an
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: November 26. 1996
TRANSMITTAL DATE: 11/12196 HEARING DATE: 12/3 /96
REQUEST: Variance for Carrie mice Building
BY: Jim Carrie
LOCATION OF PROPERTY OR PROJECT: Fairview Avenue and Barbara Street
JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLA _, %~~
JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT
~
-GREG OSLUND, P/Z ADA PLANNING ASSOCIATION
- ~~,
f
~
KEITH BORUP, P/Z
ROBER CENTRAL DISTRICT HEALTH ~
~
~~'~
~
~
-
T CORRIE, MAYOR
R NAMPA MERIDIAN IRRIGATION DIS Rl T '
'
~,
ONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT
CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM ~ FINAL PLA
,-WALT MORROW, C/C r
U.S. WEST(PRELIM 8~ FINAL PLAT) % ~ ~
GLENN BENTLEY, C/C
WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM 8~ FINA PLA ~
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'~a~x~ia & ~1~i~rca'ta~c ~~ratgauoot Z~ioaitet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
14 November 1996
Attn: W</l Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, /D 83642
FAX # 208-888-6201
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~L~~~~ Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
i~ ~ ~ ~ ~~~i~ SHOP: Nampa 466-0663
Boise 345-2431
CITY OF A~E~IDIAIY
RE: Variance Request -Carrie Office Bui/ding
Dear Commissioners:
The Nampa & Meridian Irrigation District's Five Mile Drain courses through this
project. The easement on the Five Mile Drain is 100 feet, 50 feet each direction and
must be protected. The District has no further comments regarding this request.
Sincere/y,
Bi/l enson, Asst. Water Superintendent
NAMPA & MERIDIAN lRR/GATION DISTRICT
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File -Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
ADA ~UNTY HIGHWAY DIS~ICT
Development Services Division
Development Application Report
MV-7-96 600 Fairview Avenue Office building variance
The applicant is requesting a variance to construct an office building, within 20-feet of an
abutting residential zone. The 0.49-acre site is located on the northeast corner of Fairview
Avenue and Barbara Drive, approximately one-half mile. east Meridian Road. This
development is estimated to generate 140 additional~vehicle trips .per day based on the Institute
of Transportation Engineers Trip Generation manual:
Roads impacted by this development: Fairview Avenue
Barbara Drive
ACRD Commission Date -December 4, 1996 - 7:00 p.m.
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Facts and Findings:
A. General Information
Owner -Jim Carrie
Applicant -Same
C-G -Existing zoning
0.49 -Acres
6,800 -Square feet of proposed building
0 -Square feet of existing building
264 -Traffic Analysis Zone (TAZ)
West Ada County -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Fairview Avenue
Principle arterial with bike lane designation
Traffic count 18,966 on 6/16/93
196-feet of frontage
100-feet existing right-of--way (50-feet from centerline)
108-feet required right-af--way (54-feet from centerline)
Fairview Avenue is improved with five lanes with no curb, gutter or sidewalk.
Barbara Drive
Local street with no pathway designation
No traffic count available
150-feet of frontage
50-feet existing right-of--way (25-feet from centerline)
No additional right-of--way required
Barbara Drive is improved 40-feet of pavement with rolled curb and gutter. Barbara Drive
extends only 150-feet from Fairview Avenue north to the south property line of the adjacent
mobile home park.
B. Utility street cuts in new pavement less than five years old are not allowed unless approved
in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for
details.
C. District policy requires the applicant to provide a $1,674.50 deposit to the Public Rights-of-
Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Fairview
Avenue abutting the parcel (approximately 197-feet) prior to issuance of any required permits
or District approval of a final plat, whichever occurs first.
MV796.COM
Page 2
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D. The applicant is proposing to construct a 24-foot wide driveway on Fairview Avenue, located
approximately 156-feet west of Barbara Drive and:30-feet east of the existing.-Texaco
driveway to the west. This driveway does not meet. the District's 150-foot offset requirement
from the Texaco driveway. The District would normally require the applicant to provide a
cross access easement for the driveway to the west and construct a shared driveway on their
western property line. However, there is a concrete wall and large sign separating the two
properties and District Staff determined that a shared driveway at this time would not be
feasible. Staff recommends a variance to .allow -this driveway to be constructed as proposed.
E. The applicant is proposing to construct a 24-foot wide curb cut driveway on Barbara Drive
located approximately 51-feet north of Fairview Avenue. This location and width meets
District policy.
F. Graveled driveways... abutting public streets create maintenance problems due to gravel being
tracked onto the roadway.... In accordance with past action by the District the applicant should
be required to pave the driveways their full required width of 24-feet to at least 30-feet
beyond the edge of pavement of Fairview Avenue and Barbara Drive.
G. The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
The following requirements are provided as conditions for approval:
Site Specific Requirements:
Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel
(four additional feet) by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits), whichever
occurs first. The owner will be compensated for this additional right-of--way from available
impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional
right-of--way, the owner must submit a letter of application to the impact fee administrator
prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188.
2. Construct a 5-foot wide concrete sidewalk on Barbara Drive abutting the parcel.
Construct a 24-foot wide curb cut driveway on Barbara Drive located approximately 51-feet
north of Fairview Avenue.
4. Construct a 24-foot driveway with 15-foot pavement tapers on Fairview Avenue, located
approximately 156-feet west of Barbara Drive and 30-feet east of the Texaco Driveway to the
west.
5. Pave the driveways their full required width of 24-feet to at least 30-feet beyond the edge of
pavement of Fairview Avenue and Barbara Drive.
MV796.COM
Page 3
~ ~
6. Replace damaged curb and gutter on Barbara Drive with new curb and gutter to match
existing improvements. Segments to be replaced shall'be determined by ACHD Construction
Services staff. Contact Construction Services at 345-7667 (with file number) for details.
7. Provide a $1,674.50 deposit to the Public Rights-of.Way Trust Fund for the cost of
constructing 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel
(approximately 197-feet) prior to issuance of any required permits or District approval of a
final plat, whichever occurs first.
8. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Fairview Avenue is prohibited.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Development Services Supervisor. The request shall
~ecifical~ identi each requirement to be reconsidered and include a written explanation of
~„ uch a requirement would result in a substantial hardship or inequity The written
request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for
ACHD Commission. action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for. District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
waiver. Those items will be acted on by the Commission unless removed from the agenda
by the Commission.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Development Services Supervisor within two days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
~P~ifical~ identi each requirement to be reconsidered and include written documentation
of data that was not available to the Commission at the time of its original decision The
request for reconsideration will be heard by the District Commission at the next regular
meeting of the Commission. If the Commission agrees to reconsider the action, the applicant
will be notified of the date and time of the Commission meeting at which the reconsideration
will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #188, also known as Ada County Highway District Road Impact
Fee Ordinance.
MV796.COM
Page 4
4. All design and construction shall be in accordance with`-the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein.
5. The applicant shall submit revised plans for staff approval., .prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior-to District approval for occupancy.
7. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
8. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless awaiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
Conclusion of Law:
ACHD requirements are intended to assure that the proposed use/development will not place
an undue burden on the existing vehicular and pedestrian transportation system within the
vicinity impacted by the proposed development.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
Submitted by
Date of Commission Action:
Development Services Staff
MV796.COM
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