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Watkins, Kelle RZOFFICIALS is LOCATION OF PROPERTY OR PROJECT:_ 1250 W. Cheny Lane, between Linder Rd and Leisure Lane HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place t0 Live WALT W. MORROW, President JANICE L. GASS, City Treasurer ty Works Supt. CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. E BRUCE D. STUART, Watier ____TIM HEPPER, P/Z GLENN R. BENTLEYROUNTRE JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO _RONALD TOLSMA, C/C SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman W.L. "BILL" GORDON, Police Public Works/Building Department (208) 887-2211 TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney ., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY CITY ENGINEER Mayor _CITY PLANNER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2, 1996 TRANSMITTAL DATE: 6/18/96 REQUEST: Rezone from R-4 to L BY: Kelle Watkins and Doug Stewart HEARING DATE: 719196 LOCATION OF PROPERTY OR PROJECT:_ 1250 W. Cheny Lane, between Linder Rd and Leisure Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _GREG OSLUND, P/Z ADA PLANNING ASSOCIATION ____TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH _BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: —POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887 4813 PROPOSED NAME OF SUBDIVISION: Not Applicable GENERAL Lm&— NW corner -of Cherry Lane andlejiure Lane. ACRES OF LAND IN PROPOSED REZONE: .4 acres PRESENT LAND USE: Residential. PROPOSED LAND USE: Light office. PRESENT ZONING DISTRICT: R-4. PROPOSED ZONING DISTRICT:L=Q. APPLICANT: Kelle Watkins and cl Stewart 961 N. Linder Road Meridian, ID 83642, 1. 888-7334. ENGINEER, SURVEYOR, •r • r PLANNER: J.J. Howard Consultin • • N. 32nd Boise,1 1:344-0574 OWNER OF ••i SheilaKildow 1 t 1"t <1A Meridian, ID 83642 SIGNATURE OF APPLICANT • Zoning Request 1. Kelle Watkins and Doug Stewart, Applicants 5960 N. Linder Road Meridian, ID 83642, (208) 888-7334. 2. Sheila Kildow, Current Owner of Record 1250 W. Cherry Lane Meridian, ID 83642 (208) 888-4099. Warranty Deed and Quit Claim Deed attached. 3. Notarized request for zoning amendment from titled owner, attac ed. 4. General location: NW Corner of Cherry Lane and Leisure Lane. 5. Legal description of property including all adjoining rights-of-way, railroads, roadways' highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; attached, completed by J.J. Howard Consulting Engineer 2626 N. 32nd St. Boise, ID 83703 (208) 344-0574 6. Description of present land use- Single Family Residence. 7. Description of proposed land use- Limited office. S. Present zoning district and jurisdiction- R-4. 9. Proposed zoning district - L -O. 10. Characteristics that make request desirable. Office request is consistent with growth pattern west down Cherry Lane. New Meridian Library located one property away to west. Property immediately to the east is a real estate office, with virtually everything else with Cherry Lane frontage to the east as business, office or commercial. 11. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; Proposed zoning amendment would allow for a professional office site in the current structure using existing entrance and exit off Cherry Lane. Plans for parking, signs and landscaping would meet City ordinances. Overall goal is to mirror the professional look of existing office sites such as the Dental Office nearby. 12. One map 1 inch equals 100 feet, attached. 13. Thirty copies of a vicinity map 1 inch equals 300 feet, attached. 14. List of the mailing addresses of property owners within 300 feet, attached. 15. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. Proposed zoning amendment would allow for a professional office site that would adhere to Meridian's Comprehensive Plan and specifically be tailored to meet the goals of the COMMUNITY DESIGN for Cherry Lane as an Entryway Corridor. 16. Fee, attached 17. Signed affidavit stating that the property will be posted 1 week before the public hearing, anAcILOA. 18. Signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct, attached. e�ia fn6+ d, FHIF!�0; /,�a7i V Y 0 f JV 4.7 e V ytiJlw'1i WARRANTY DEED r I VALUE RECEIVED Ad i8 ' 4 i SUSAN ELIZABETH POLL OCK, husband and,wlfe z°•RAhYH'McKAY POLLOCK and ANTyyOR(s)'does(do) hereby GRANT BARGAIN, SELL and CONVEY unto '• rµ' ydd AFzrr ' 'D, -KILDO14 and SHEILA' E. KILDOW, husband and wife TEDD Meridian, �lY��D + , ANTEE(S),I.,whose current address is:; 1250 'Cherry, Lane, Idaho 8 County, State of Idaho tolloVving;described real property in , rf particularly described as.follows,: to.wlt SF3tSWit,'Section 1, Township 3 North, Range1 West; Boise , Part; of the Meridian, Ada; County, Idaho, more particularly described as follows: t s1�,+•R the SEtt of the S4:'� of- Section 1, Township Y „Beginning at. the',SW;,corner.of `3No. th,l$Range l•West, Boise Meridian, in Ada County, State of Idaho, r i r;,4.t I�srm e t . , "'Yrs: �andrunning • thence 108 feet to'the REAL PLACE OF ; East91along tie"Section line a distance of r, ; BEGINNING:. thence running- Idaho. r. North 202'feei; •thence running Ada �untY• ve. s •feet;.,,..thence ,'running Reous%-at ,::Eastr105 South'202 feet, thence running ruy+ T i a,. Wedtr 105 feet. to the REAL, PLACE OF BEGIi7NING. IS t 14A �Z i a „T 0 �, , "Re—Peoord,to Correct legal'Descriptaon , 'c_ RDER ` r�e8�f��T � j17t y+ 'r v' .i '� _ ,' •�� f k ,. r 1 Grantee(s); `and d;TO ffiAVE AND; TOS, HOLD 4the said premises, .with their appurtenances unto the said hereby �cov' ' t..to and with the'`said ; tntee(s)�heirstand ;assigns forever And the said Grantors) does(do) that said,premises:are free from ally j,,, tutees) ti,at'Grantor(s),s/aae the owners) in; -:fee Simple,oirsaid;premises: those made: suffered or,k 1h iumG?ahpes EXCEPT those,jo'}which this conveyance;is expressly madt3 subJeci;and to.reservations,r:restricUons'dedications; ,easementsr'.rights'of way:and 4 star "' the Grantees))and�Suiiject and assessments ;(including irrigation and utility assessments, T(1"any) of eecord°and general taxes M.R..q,y� ,Jt. i'b M'1 trent yeir which,6re not yet due and payable and that Grantors) will warrant and defend the same °�{ ; ,tor,(ie„c al lawful claims whatsoever: � t r f` ;.. SUSAN ELIZABETH OLLOCK "..; kLP <'MCKAY POLL , ATE OF' IDAHO. County of ADA as. STATE OF IDAHO, COUNTY OF I hereby Certify that this instrument was filed for record at the re• l =, F, day of, JUNE questot STEWART TME f �! ls"� rt�y the,year of `1987 before me, the undersigned, a Notary / o'clockx m appeared RALPH MCKAY at d O minutes Past, /4B1:'e r t ilak In ar,d for said State personally AS N' ELIZABETH POLLOCK' thi�Q n a�S7 day of � name a are . 1 Q/t% , (n my otlice, and duly recor wij f � 4rSdentllled to' me I6 be the person S _ whose ¢ �+ al page-' �4 bsoilbed iot�h Y+l1�h instrument, and acknowledged to me that of eels • JOHN SASTIDA �• Loxeculedtheeenier� v,N r a,-., ^ ri.. - k S .4 , y, y J li` 4 'cxAlflcio Recorder Jnnm�� x `' ( L ' Signature, By X71 T S . DeputY• to Ma.faon�s Fee S' fr. Reakfing at r1TnnLETON ' Mau to. 3F , f My commission expires: 8/7/92' This form furnished courtesy of ' STEW ART TITLE OF 'IDAHO, Inc. S„enh•e/Crtirntr - ��. e ...... .,. , r,. 4 '� .f, n',. v� .Y't ,..; .��..�R. ��a`•>.n,�i" k .�an�, a;`aa Yx,'$;� A QUITCLAIM DEED,... "fY. i 0. FOR dFjt.A % UX All '�&'�'For Value J. DAVID ;FO TEDDY DEAN KILDOW RECORDER BY ... . .... I. �-7 If 'Ale, K,6ci, (do) Ii'cr'c'bj couvey, releaso,'remiliC and forever quit claim unto SHEILA. ELLER.KILDOVI, '91 OCT 28 PM 2 22 22 whoscaddre3s is.; 1250 11. Cherry Lane, -er di n, Idaho 83642, thd fullowilig c -Wit: scribed promises. to e. Real rogertZ described as follows: 0 Part ox: the 5LI/45WL14i bectlon ;Township 3 North,.Range I West, Boise Meridian, Ada is County, Idaho, more particularly described as follows: Befinning at the SW corner of the SE1/4 of . the, A of Section 1, Township 3 North, Range 1. Boise Meridian, in Ada County, State of .West., Idaho and running thence East along the,Section line a.distance of 108 feet to the REAL PLACE.OF BEGINNING: thence: ", running North 202 feet;%thence running East.105feet,;.�.thente,,irunning South 202 feet; thence running West ,105 feet to the REAL PLACE OF BEGINNING. Al togetlier with Uicir appurtenances t Dated: AcIt. 1991.�:. .......... . .......... ....... . . . ....... . ..... . . TED6 KI ............. . ... . ....................... . ........ . ... ........ . ........ .. . ........... ATE OF IDAIIO., COUNTY OF STATE OF IDAHO, COUIM-T OF on'tig _"(Lk_ 19 9L day of 'befow�4. Ao(4*ji1bllc in I hereby certify that th.,t Instrument was filed for re-.. andCord for said State. 4 at the request of all at minutes P& -A o'clock m.. -JDDY DEAN KILWVI this, day of _n 19 in my office, and duty recorded In Mook bei is nowh barna to _0e who S e name ;#u;t44 WjWwIttlin of Deeds at page Initrument-and acknowledged to tlLexecuted the t ame- . . . ...... ......... . .. . . .... ..... Ex-Otticla Recorder ......... ....... ny ....... . ... .. ... ..... z. Notary Public P, Deputy.. Itcalding at Twin Falls, Idaho FCC3 MAIL DELD TO: MAIL TAX NOTICE TO: ................. ; ................................ . ....... ... Nam .......... ............ ......... ... ............................. ... .... Address ......... . . . . . .... . ........ . ........ . . .. . ........ ......... .......... ....... I ............ .......... .......... ...... ......... . ............... City and State J City of Meridian I agree to the rezone request presented by Kelly Watkins and Doug Stewart for the property at 1250 W. Cherry Lane in Meridian from R-4 to L -O. Sheila Kildow Title Owner U AFF �(6 REZONE BOUNDARY DESCRIPTION FOR BELLE WATKINS AND DOUG STEWART A parcel of land being a portion of the SE 1/4 SW 1/4, Section 1, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the West 1/16 Corner common to Sections 1 and 12, T.3N., R.1W., B.M., Ada County, Idaho; thence, East 108.00 feet along the line common to said Sections 1 and 12, which is also the centerline of W. Cherry Lane to the REAL POINT OF BEGINNING; thence, North 202.00 feet; thence, East 105.00 feet; thence, South 202.00 feet to said line common to Sections 1 and 12; thence, West 105.00 feet to the REAL POINT OF BEGINNING, said parcel containing 0.49 acres. 2471 9�A71� V 41 OF � J� FS J. HDP 11 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 17, 1996, for the purpose of reviewing and considering the Application of Kelle Watkins and Doug Stewart, for a Rezone of approximately .4 acres of land located in a portion of the SE 1/4, SW 1/4 of Section 1, T. 3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at 1250 W. Cherry Lane, between Linder Road and Leisure Lane, NW comer of Cherry Lane and Leisure Lane. The Application requests a rezone from R-4 to L -O, Limited Office. 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 28th day of August, 1996. i 0 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 July 9, 1996, for the purpose of reviewing and considering the Application of Kelle Watkins and Doug Stewart, for a Rezone of approximately .4 acres of land located in a portion of the SE 1/4, SW 1/4 of Section 1, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at 1250 W. Cherry Lane, between Linder Road and Leisure Lane, NW corner of Cherry Lane and Leisure Lane. The Application requests a rezone from R-4 to L-0, Limited Office. 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 19th day of June, 1996. r _ - WILLIAM G. BERG, JR., C ERK f 0 Q MD01 96 M A S T E R ParLal— S1101346606 Code Area 03 Name WATERS INEZ LEONE AQ) WAIERS GIN6±R KAY Buyer C / 0 Address 130? W CHERRY KERIDIAi\: 10 • U P D A [ type Qty 4 0 U 83642 - 060-1 6/0//96 13:06:0 Value ACKK 2 10 u U 05500 Bank Code MR- Lien Code P r e p a i o L . I . 0 . bankrupt Sub.Code Annexation 'NO Last Charge : 94/09/21 By : ASK,ARTWN I o t a Legal PAR 06bUb OF Q45W4 EXC Rlipis Exemption SEC 1 AN 1 A. 090403611 1w 0i Nardsnip 0 Prouert!v Zoning R-4 Flag Address 0130? 4tii CHERRY LANE MERIDIAN 10 63642-6000 0.0. Type 1 REAL Roll 1 PRIMARY Occ. L Action:� FI -Select F3=Ext t t=Corrected Notice FKwetters FIO, Tax P F M 0 0 '1 96 M A S 1 E R U P D A T E 6/ 0 ?/ 9 6 1_. 0 i 10 Parcel 51201336420 Code Area 03 Type Qty value WIVE Tame— 14RIDIAN FREE LIBRARY 016010 kuo 2.230 450OU LA11 0060 BanK CoOe Quyer 990, 12500- Lien Cooe C/0 P r e p a i u Adoress 18 E IDUO L . 1 . D . Bankrupt McRIDIAN 10 SUD.Code 83642 - 060i Annexation 'NO Last Criange v 96/01/26 By : ASR2,ALLE(l, iota! 0500 Legal PAR 06420 OF SWUW4 SEC l I 3N i,%i Exemption 4316400-b #9601 8 4 12 is 1 a r d s n 1 p Property toning R-4 Flag Address 01.323 1 CHERRY LANE mERIDIAN 10 83642-0000 0.0. Type 1 REAL Rok 1 PRIMARY Occ. 0 Action; F2 Select MEW I-CorrecteO Notice PLetters 110 lax ^ PFMD0l 96 m A 5 T E 8 U P D A T E 6/0//9 6 13 :b8:U� Parcel 5I201346620 Coce Area 03 Type Oty Value ACTlVt 1777- FLONER JOMN K 200 .330 220010 Banh Code buyer Lien CoUe C/O Prepaid Address 24405 MARLEY Lm L.I.D. 8annrupt MlDDLE7ON lD Sub,Cooe ^ 83644 - UUdU Annexation -NO Last Change : 94/I1/I0 by : A3RW_ALLV�i Total 22000 Legal PAH 06620 OF SE43W4 SEC l 3& li� Exemption 19409/327 N93105653 M01WUU16620 A lW Ul riarUon1p U Property Zoning R-4 Flag Address 01729 N LEl5URkl*- LANE MERIDIAN iD 83642-DUUO D.D. Type I REAL Roli I PRIMARY Occ. 0 Action; F2=Se|ect H=Exit FS=Corrected Notice Fb=Letters F1O=Tax PFMDOl 96 M A S T E R U P D A l E 6/07/96 lj:09:0 Parcel 512013466I5 Coda Area 03 Type Oty Value ACTlVE No,"- ADA COMY IO .04O Bank Coda Buyer Lien Code C/O Prepaid Address L.l.D. 8anhrupt 3ub.Cooe ~ 00600 - UUGU Annexation ~NO Last Change : By : [ota| Legal PAR $66I5 OF SE45W4 SEC l 3N lw Exemotiun MJNIw00I6816 3N 1W UI 6j -!OSA Haraship O Property Zoning R-4 Flag Address UUUOU LEl5u8E 10 D.D. Type I REAL Rol) I PRlMARY Occ. b Action: F2=5elect F3=Exit F5=Corrected Notice Fb=Lettero F10 -fax PpMDOI 96 M A 3 | E R b P D A l - 6/0//96 13:10M, jarce| S1201346800 Code Area 03 Type Qty value ACTlVE Name GAM8LlN MICHAEL L & hlChELE 8 200 .860 340Uu 410 60188 Bank Code NOR Buy er Lien Cooe C/O Prepa1d Address 192? SE UbTm AAY L.I.D. Bankrupt MERIDIAN lD Sub^Cooe ~ 83642 - OSUU Annexation ~NO [ota! 941uU Legal PAR 0686a OF 5 w, ' E X C R/W Exemption ^ ' WHOM) k>IhUOIb8Ki 3N In kl narosnio J Property Zoning R-4 Fiag Address 01209 W CHERRY AVE MERIDIAN l0 83642-UU8U O.D. lype l REAL Roll I PRIMARY Occ. U Action: F2=Select F3-Exit FS=Corrected Notice FOLetters FIu=[ax PFM0U1 96 M A S T E R Eneuz�el R9376I300I0 Code Area 03 Name WETZEL MICHAEL J & CANDACE L buyer C/O Address 1131 W CKERRY u, s UPDATE Type Gty 2Uu .2UU 4lU MEKlU18N I 83642 - ODA! Last Change : 58/03/01 By : ASN2_ALL& Tota| Legal LOT I BILK l WMllETAlL SU8 09bUlII2 U N26560010010 3N lN 81 b/07/96 13:I0:0) Va|ue A[[lVE I8UUU 53900 Bank Coce Lien CoUe Prepai0 L.l,D. Bankrupt Sub.Cooe ~ Annexation `NO Exemption rardsnip � Property toning L -O Flag Address 0II3I W CHERRY LANE MERIDIAN 10 83642-UUGU D.D. Type I REAL RV! I PRIMARY Occ. U Action; F2=5e|pct Mtx1t F5=Corrected Notice F6 -Letters FlO=Tax PFMDUl 96 # A S T E R U P D A T E 6/0//96 I3:1I:2U Parce R9376I30020 Code Area 03 Type Qty Value ACTIVE 'Nome PADDOCK LINDA L 2UU .170 I8UU0 410 /7400 Bank Code PMI 8 u y e r 99U 38/U0- Lien Lode C/O Prepmid Address I643 AW IITH Si L.I.D. Bankrupt MER{D|A% l0 Sub.Looe ~ 83642 Annexation 'NO Last Change : 94/U9/2I By : A50_AR7MUM Tota| GU Legal LOT 2 8LK I WMlTE|AlL SUB Exemption #025995S M25SHOI0020 A lN Ul sarUcAip 0 Property Zoning R-4 Flag Address 01693 NW 101-1 AVE MERIDIAN lD 83642-0000 D.D. lype I REAL Roll I PRIMARY Occ. O Action: FZ=Select F3=Exit FS=Corrected Notice Fb=Letters FlU=Tax 0 PFMD0I 96 M A 5 l 0. R Parcel R9376130030 CoUe Area 03 Name ----WALK414 KAROL A Buy er C/O Address 1665 MW 11lM AVt 0 uP0ATE We Qty 260 .I/U 4IU 99b MERIDIAN ID 83642 - 0600 ` Last Change : 94/09/21 By : ASR_ARTrbM Totai Legal LO| 3 UK l WHITETAIL SUB 093U846/ M26560010000 3N IW Ul 6/0//96 A:lI:49 Value AC[lVE l8UUU 74400 Sank Code MSG 0200- Lien Cooe Prepaid L.l.0. 8ankrupt 3ub.Code ^ Annexation ~NO Exemption iaraaM1p � Property Zoning R-4 Flag Address 0I665 nN IlTM AVE MERIDIAN ID MC -U= D.D. Type l REAL Roll l PRIMARY Occ. U Action: F2=5elect FUExit F5=Corrected Notice Fb=LetLers F10=Tax PFHDUI 96 M A S T E R U P D A T E 6/0//96 1 2:l4 Parce| R906I0040 Code Area 03 Type Qty value ACTIVE Name |R[PA6NlER UOTT ANO 20O .190 18000 WATERS MARY D 40U 7/300 bank [ode Pnd buyer, 990 38650- Lien Code C/O PrmpaiU Address I69I Nw IITM AVE -..I.D. BanKrupt MERIDIAN lD 3uU,Code - 83641 - DOWD Annexation `NU Last Change : 9b/03/I2 by : A5R1_ALLEN Total 5665U Legal LOT 4 8LK I WHITETAIL 5U6 Exemption #9b0I40U M265608I0040 3N lN 8l hardship d Property Zoning R-4 Flag ^ Address M91 NW lITM AVE MERIDIAN lD 83642-0000 0.0. Type i REAL Roll l PRIMARY Occ. U Action: FT -Select F3=Exit FS=Corrected Notice 46=Letters F10 -Tax . ` PFMD0I 96 M A 5 T E R UPDATE Parcel 3120I346745 Code Area 03 [ype Qty Wme WEEKS GARY C Q VlClORiA L 200 1.300 ` 4IO Buyer 9 9U C/U Address 18I2 LEISURE MERlDlAN lCi 83642 - 0031i Last Change ; 94/09/2I by : A5R_ARlhU(\! fotal Legal PAR 06/45 OF SE4SW4 SEC l 3N lW #855lA 5U M3NIWOOI6M 3m lN 0l 6/0//96 I3:I2:j4 value ACTIVE j 5UUU I41/UU Bank Code 50660- Lien Looe PrepaiU L.l.D. Bankrupt Sub.Code ~ Annexation *NO Exemption marUship O Property Zoning R-4 Flag Address 018A M LEISURE LANE MlD<A& i0 83642-0000 D.D. 7yoe l REAL Roll l PRIMARY Occ. U Action: F2 -Select F3=Exit A=Corrected Notice P&Letters F10=Tax PFMD0I 96 M A S T E R U P D A | E 6/0//96 I302:58 P5l2Ol34563U Code Area 03 Type Qty Value ACTIVE Name LElGHTON TERRY LEE if & DAWN L 200 I.200 330OU 4I0 84300 Bank Code MM buyer 990 42150- Lien Code C/G Address 18II LEISURE L�- #ERlDlA0 lD 83642 - OUUO Last Change : 94/09/21 By : A3R_ARTrv, 7ota| Legal PAR 16630 OF Q48�4 5 E C 1 3N lN #y3465U8 N3MlWU016630 3N lW UI narasnip 6 ~ Prepaid L,l,D. bankrupt Sub.Code ~ Annexation ~NU Exemption rroperry Zoning R-4 Flag Address 018II H LEISURE LANE MERIDIAN 10 8042-0000 D.D. Type I REAL Roll l PRIMARY Occ. G Ac+ion: U=5elect F&Exit FS=Correctpd Notice A=Letters Fl&Tax Last Change : WIU/2/ By : ASR _DiXlv- Total 235��O Legal PAR #AUU OF NW4hW4 [XC R/W Exemption SEC 12 A Iw MKlWAI23106 3M IW 12 Hardsnip � Property Zoning R-8 Flag Address 00000 N CMERRY LANE MERIDIAN lD D.D. Tyne I REAL Roll l PRIMARY Occ. G Action: F2=Select F3=Ex1t F5=Correctad Notice Fd=Letters F10 -Tax PFMD0I 96 M A S l E R U P 0 A 7 E 6/0//96 I3:19:2/ Parcel 31022I24I5 Code Area 03 Type Oty value ACTlVL wav* J O l N ! CLASS A MOO, DISI 12 8IU 36 . 9IO ADA/CANYON COUNTIES Bank Code Buyer Lien Code C/O Prepaid Address 9I1 MERIDIAN W L.I.D. bankrupt MERIDIAN lD Sub -Code ~ 83642 - 0008 Annexation `NO Last Change : 88/09/20 By : A3H_MAP [ota| Legal PAR 02415 OF NE4NW4 SEC 12 3N lN Exemption 12I2410 -b M M3NlWUI224l6 3N 1w 12 Hardship 0 Property Zoning R-4 Flag Address UOOOU W CHERRY AVE QRlDlAN lD 83642-0000 D.D. 7ype I REAL Rol) I PRIMARY Occ. U Action: F2=5elect H=Exit FS -Corrected Notice Fb=Letters K10 -Tax PFMDUI 96 M A S T E R U P D A T E 6/0//96 1j,I95b Parcel 51212223I00 Code Area 03 Type Qty value ACTIVE Nams-~ SUB8LEFlELD DEVELOPMENT CO AU 1I.7ho AVON; Bank Code Buyer Lien Code C/O Prepaid Adoress 2258 BRADFORD AK- L.I.D. Bankrupt HIGHLAND CA Sub,Cooe ^ 92146 Annexation ~NO Last Change : WIU/2/ By : ASR _DiXlv- Total 235��O Legal PAR #AUU OF NW4hW4 [XC R/W Exemption SEC 12 A Iw MKlWAI23106 3M IW 12 Hardsnip � Property Zoning R-8 Flag Address 00000 N CMERRY LANE MERIDIAN lD D.D. Tyne I REAL Roll l PRIMARY Occ. G Action: F2=Select F3=Ex1t F5=Correctad Notice Fd=Letters F10 -Tax BIZ vv - � co33 r" 0 z D U O M I Vi 1 4 ' J V JU J t _ 8 . Pi DEE FIEL _ MANOR F—i A fn n' tD N 9� 9 9T 9 • 9� 9 9j�9 CTI T�0 C) N Lit ' 0"a O 33 u D �T� 9v} m v O LJ m v O %O ,0 L p O O 04 ..�• 0 vo '. jar--=r ca o N-VCI -TOTH S7 - n 33 4.f w N w ' •. R 13872004 I ry m No co tD C lD D to tD ,. p� ' u li ►..r LO 4- u w ,' b . .Q • .' D. Q O Q •., , 0 0 O p - � co33 r" 0 z D � DEE FIEL _ MANOR F—i A fn n' tD N 9� 9 9T 9 • 9� 9 9j�9 T�0 T . a17" Lit 0"a O 33 u D �T� 9v} m v O CD v ru m v O %O O O 0 vo ca o N-VCI -TOTH S7 _ v n 33 4.f w N w ' •. R 13872004 I ry m No �. L872004 .,,-4 : , 9)po a. B� ' •o' 1po, �: ,'• ;:• � ' ;•,. `� ;... � X13 9 11 0 • City of Meridian I do hereby agree to post, no later than seven days prior to public hearing, the legal notice of hearing. I will post it in a visible location on site. I do hereby agree that I have read the contents thereof and verify that the information contained therein is true and correct. Kelle Watkins Applicant I Va6w<:3 0 Machelle Hill From: Machelle Hill Sent: Monday, July 26, 2004 4:16 PM To: 'kewatkins@aol.com' Subject: Request for information - Findings Hi Kelle, Attached are the findings that you requested. Please contact our office if you need anything else. Hope this is helpful. Thanks. Machelle Hill Meridian City 888-4433 ext Findings Vatkins Re., Clerk's Office .219 CITY OF MERIDIAN RESEARCH REQUEST Name: Date: , / Phone: 0 L Time: 113 3 D Description: Result&Tindings: ldr REQUESTOR'S SIGNATURE: # of pages: Date inishe : Staff providing info r tion:� O Ti a required: Staff Comments, 0 BEFORE THE PLANNING AND ZONING COMMISSION ' OF THE CITY OF MERIDIAN REZONE R-4 RESIDENTIAL TO L -O LIMITED OFFICE ' \� KELLE WATKINS AND DOUG STEWART 1250 W. CHERRY LANE CMERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 9, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Doug Stewart, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 9, 1996, hearing; that the public was given full opportunity to express comments and .,ubmit evidence; and that copies of all Zotices were available to newspaper, radio and television stations; 2. That this property, contains approximately .49 acres and is located within the City of Meridian and which property is described in the application which description is incorporated herein; the Applicant is not the owner of record of the property, FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 1 but the owner of record is Sheila Kildow; that the property is currently zoned R-4; that the Applicant is requesting a rezone to L -O Limited Office; that the property is within close proximity to existing homes and schools; that the proposed office request is consistent with the growth pattern west down Cherry Lane; that the new Meridian Library is located one property away to the west and the property immediately to the east is a real estate office, with virtually everything along Cherry Lane frontage to the east is business, office or commercial. 3. That the owner, Sheila Kildow has submitted her consent for the rezone, and it is incorporated herein as if set forth in full. 4. That the Applicant stated in the Application that this proposed zoning amendment would allow for a professional office site in the current structure using the existing vehicle entrance and exit off Cherry Lane; that the plan for parking, signs and landscaping would meet all City Ordinances and that the overall goal is to mirror the professional look of existing office sites nearby. 5. Doug Stewart testified before the Commission that he and his wife, Kelle Watkins, are attemr"ting to buy the property at 1250 West Cherry Lane to convert it to light office use as a counseling _ office for his wife; that the location lends itself well for an additional professional office space; that the comment from the Planning and Zoning Director, Shari Stiles, regarding a minimum of a 20 foot landscape setback, was in question; that as it stands now FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 2 there is 35 feet from the sidewalk to the front of the house; that there is already a 13 foot planter in the front; that the house has been at this location for 35 years; that the Ada County Highway District is asking that access be gained through Leisure Lane, but that Leisure Lane is a private road; that between the Leisure Lane and this property there is an 8 foot strip of land whose owner is unknown to the Applicant; that the Applicant's insurance man suggested that it was not a good plan to access this proposed property through two (2) pieces of private property when there is already a curb cut in front of the house that takes the Applicant off the street and keeps the Applicant on his own property; that regarding ACHD's draft recommendations, it was decided by ACHD that the curb cut would be left where it is and to go ahead and use it because it is such a limited use and not at all a high traffic business anyway. 6. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 7. That the property is presently zoned R-4, Low Density Residential; that the Applicant's propose a rezone to L-0, Limited Office District; that a professional office building is a permitted use in the L -O District. 8. That the L -O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATRINS/STEWART --REZONE Page 3 0 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. 9. The City Planning and Zoning Administrator, Shari Stiles submitted comments regarding the rezone request which are incorporated herein as if set forth in full herein; that a development agreement should be required as a condition of rezone; that a detailed site plan to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc., must be submitted and approved prior to occupancy; that a Certificate of Occupancy must be obtained prior to use of the building as an office; that Cherry Lane is designated as an entrance corridor in the Meridian Comprehensive Plan, and a minimum 20 -foot landscape setback should be required as a condition of rezoning; that parking and striping shall meet the requirements of Meridian City Ordinance; that drainage calculations for on-site retention are to be submitted for approval by the Meridian Public Works Department; that a minimum of one (1) 3 " caliper tree is required for every 1,500 square feet of asphalt and all parking areas are to be Paved, and that the adjacent residential properties are to be buffered by means of a planting strip. 10. That the Assistant to the City Engineer, Bruce Freckleton, submitted comments; that off-street parking shall be provided in accordance to the Meridian City Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 4 Ordinance; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances! that sanitary sewer and water services to this facility would be by means of existing service lines; that assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment and that the Applicant shall provide any information with regards to the anticipated water demand and the Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 11. That the Ada County Highway District submitted draft comments and they are incorporated herein as if set forth in full; that the draft site specific requirements are as follows: 1. Utility street cuts in the new pavement on Cherry Lane are not allowed unless approved in writing by the District. 2. The existing ll -foot wide driveway on Leisure Lane located approximately 7 feet from the back of the curb on Cherry Lane shall be eliminated. 3. If permission of the owner of the 15 foot wide parcel between this site and Leisure Lane can be obtained by the Applicant, access to the site's proposed parking lot shall be provided from Leisure Lane behind the dwelling (approximately 110 feet from Cherry Lane.) If permission can not be obtained, the existing residential curb cut, driveway on Cherry Lane shall be permitt •gid as an interim access to the project site. 4. Restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. 12. That comments from the Nampa & Meridian Irrigation District, the Meridian City Police and Fire Departments, and FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 5 0 Central District Health Department were submitted and they are incorporated herein as if set forth in full. 13. Commissioner Shearer commented why there would be any reason to just not have this driveway come in and go to the back; that to follow the Planning Director's recommendation with regard to the landscaping, this driveway could come through the required landscaping area and therefore eliminating all the gravel parking and so on in the front. 14. Mr. Stewart responded that this already exists and he would like to just leave it and the planting area. 15. That there was testimony from John Longden, who owns the easement, Leisure Lane; that the 8 foot section of private road between the proposed property and Leisure Lane is; that to his understanding Ada County took for taxes, but that in about a month the Tax Commission [Ada County Highway District] will figure out what they are going to do with the strip of land; that he is concerned about parking on Leisure Lane; that it is a narrow road and if parking begins to happen on the Lane it will create a problem for emergency vehicles or even folks getting in and out of that easement; that the Applicant was told to his cut off coming out of the particular lot onto Leisure Lane. 16. That there was no other testimony heard. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 6 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 statutes 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 can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council . . . may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall re,.iew applications for zoning amendments; `.:hat 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 L-0 zoning would be harmonious with and in accordance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 7 • 9 (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c ) That the property, if designed and used as allowed in the L-0 District as it presently exists, and meet's the requirements set forth herein would be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d) The L-0 use would not be hazardous to the existing or future uses of the neighborhood. (e) L -O development 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. (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area, however the traffic would be increased more than it would be under R- 4 development. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has good street frontage. (j) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is concluded that the comments, recommendation and requirements of the Assistant to the City Engineer will have to be met and complied with. 8. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with, particularly FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 8 0 • the requirement of a minimum 20 foot landscape setback and submitting a detailed, scaled site plan showing all parking, lighting, landscaping, drainage and utility hookups for review by City staff prior to occupancy. 9. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane. 10. That as a condition of granting this rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the property should be rezoned to R-4; that as set forth in 11-2-416 J., violations of the conditions of this rezone shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 11. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 12. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 9 9. That all requirements of these Findings of Fact and Conclusions of Law shall be met, including entering into a development agreement, which shall address the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL u COMMISSIONER E& COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTE VOTED VOTED VOTED_��_ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 10 DECISION The Meridian City Planning and Zoning Commission hereby recommends approval of this 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, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be MOTION: J13 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATRINS/STEWART --REZONE Page 11 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact �e�and Conclusions of Law on this �� day of _ �� 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED VOTED VOTED VOTED VOTED -L" VOTED FINDIN�"F FACT AND CONCLUSIONS OF LAW - f Meridian City Council October 1, 1996 Page 14 Corrie: So we will get a letter drafted to the developer and we will go from there. They will need to get your permission to make those corrections so I would encourage you to talk with them too. Thank you, sorry it has taken so long to get it done, but let's hope it gets done here. ITEM #5: ORDINANCE #745 - VACATION OF EASEMENTNALLA: Corrie: AN ORDINANCE VACATING A RIGHT OF WAY EASEMENT RECORDED AS INSTRUMENT NUMBER 394607 WHICH EASEMENT IS IN A PORTION OF LOTS 1, 2, 3, 4 AND 5, BLOCK 1 OF FUTUR-IDA SUBDIVISION NO. 1 ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 43 OF PLATS AT PAGES 3475 - 3476 RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #745 read in its entirety? Hearing none I will entertain a motion on Ordinance #745. Bentley: Mr. Mayor, I move that the City of Meridian adopt Ordinance #745 with the suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that Ordinance #745 be approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #6: ORDINANCE #746 - REZONE ORDINANCE - WATKINS/STEWART: Corrie: AN ORDINANCE OF T`.iE CITY OF MERIDIAN AMENDING THE ZONING Ci CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND BE A PORTION OF THE SE 1/4, SW 1/4, SECTION 1, T.3N, R.1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #746 read in its entirety? Hearing none I will entertain a motion on Ordinance #746. Rountree: Mr. Mayor, I move that we approve Ordinance #746 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that Ordinance #746 be Meridian City Council October 1, 1996 Page 15 approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #7: ORDINANCE #747 - PLANNING & ZONING MEETING: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 4-101 OF TITLE 4, CHAPTER 1 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, TIME AND PLACE OF PLANNING AND ZONING MEETINGS, RE- ENACTING SECTION 4-101 OF TITLE 4, CHAPTER 1 TIME AND PLACE OF PLANNING AND ZONING MEETINGS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN (END OF TAPE) IN THE EVENT A PLANNING AND ZONING MEETING FALLS ON A HOLIDAY OR DAY IN WHICH THE CITY OR GENERAL ELECTION IS HELD THE MEETING SHALL NOT BE HELD ON THAT DATE BUT SHALL BE HELD ON THE FOLLOWING DAY; AND PROVIDING AN EFFECTIVE DATE. Is there anybody from the audience that would like to have Ordinance #747 read in its entirety? Morrow: Mr. Mayor, question would be the ordinance in its entirety is shorter than the title (inaudible). Rountree: Discussion? Crookston: Excuse me, that is strange because I am not working on an hourly basis anymore. Rountree: I think you read through clause that I think needs to be stricken, the 6th line there is a repeat of the Revised and Compiled Ordinances of the City of Meridian. On page 2, the ordinance tnat we set the time, place and day of the P & Z meetings by resolution yet there is a paragraph in here that establishes that. Just a question for Counsel, that is what we do the first time and from here and after we establish the time, day and place by resolution? Or can we eliminate that at this point and then have a resolution to follow? Crookston: You can eliminate it, I will correct the ordinance as you have corrected it. And we, you would need a resolution to set the time. Rountree: So in the fourth line after the City of Meridian in Section 4-101 just delete the rest of that paragraph? Then that would be subject to the language of the resolution. Meridian City Council September 17, 1996 Page 30 FIVE MINUTE RECESS ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 BY KELLE WATKINS AND DOUG STEWART: Corrie: I will open the public meeting at this time and invite either Kelle or Doug to come forward first. Doug Stewart, 5960 North Linder Road, was sworn by the City Attorney. Stewart: We would like this piece of property rezoned to light office. Everything on that street is rezoned commercial and that looks like a good piece of property for my wife to open a counseling office. That is why we would like it rezoned. I have spoken with Shari and Bruce both and submitted a plan to them and they approved it. So that is the story. Corrie: Okay Doug, are there any questions from the Council? Morrow: Mr. Mayor, Mr. Stewart you have read the conditions of approval from the City Engineer's office and from the planning and zoning, are you in concurrence with those conditions? Stewart: Yes I met with both Shari and Bruce and we talked about all of those and I submitted a plan to them and they said that would be an adequate plan. Morrow: Okay, you are aware the development agreement and those kinds of things need to be done? Have you seen these? Stewart: I have read all of those. We are flying by the seat of our pants here we are not developers. Morrow: I understand that, I have not a problem with that. Stewarts: I don't want to move any sewers or create any easements. Morrow: I have no further questions. Corrie: Any further questions of the Council, Staff? Comments? Stiles: Mr. Mayor and Council, the findings for this that references a development agreement. We have talked about a development agreement we would like to have not quite the extensive development agreement we have had on past projects for a project this Meridian City Council September 17, 1996 Page 31 small. He, the applicant is aware they need to come in with their drainage plans for their parking lot. We have worked on the 20 foot landscape setback, they will be down to about 13 feet in one area but that is to provide one parking space out front beyond that 13 feet on the west side of the property will be 33 feet. So I think they have developed an adequate plan that will meet our requirements. Bentley: Mr. Mayor, I have a question for Shari, did the driveway issue get all settled up? Stiles: Yes, they are allowing the driveway on Cherry. Corrie: Thank you very much, we will see if there are other people in the public that would like to testify. Is there anybody else from the public that would like to enter testimony on this rezone? Members of Council any discussion? Morrow: Mr. Mayor, I would move that we adopt the findings of fact. Corrie: I will close the public hearing at this time. Morrow: At this time 1 would move that we approve the findings of fact and conclusions of law as prepared for us by the P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Is there a motion on the decision? Morrow: Mr. Mayor, I move that the City Council of the City of Meridian approve of this 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, the fire and life safety codes, uniform building code and other ordinances of the City of Meridian including the parking area shall be paved. Bentley: Second Meridian City Council September 17, 1996 Page 32 Corrie: Motion made by Mr. Morrow, second by Mr. Bentley on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Entertain a motion for an ordinance. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the attorney draw up the ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: SEWER AND WATER CONNECTION FEES AND USE FEES: Corrie: At this time I will open the public hearing and invite anybody from the public that would like to testify on the sewer and water connection fees and use fees. Seeing none, Council discussion? Hearing none I will close the public hearing. I guess we have two ordinances. Morrow: Mr. Mayor, I would move that we adopt Ordinance #742 with the suspension of the rules. Bentley: Second Corrie: I guess I need to read it first and which version do you want? ORDINANCE #742, AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 7-533A, SECTION 7-533B AND SECTION 7-535 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN RE-ENACTING SAID SECTIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN EFFECTIVE DATE. Mr. Morrow I will entertain that motion now. Which one do you want to approve, A or B, A has the second paragraph in there for (inaudible) and B does not have that section. A is for any purposes has the second paragraph under 7-535 (inaudible) existing public sewer adjacent to their property and No. 742 B does not have that paragraph. If I am correct Mr. Counselor those are exactly the same except for that. Crookston: That is correct. • MERIDIAN CITY COUNCIL MEETING: September 17.1996 0 APPLICANT: KELLE WATKINS A DOUG STEWART ITEM NUMBER; 10 REQUEST: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L -O 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: COMMENTS MINUTES FROM 7-9-96 P & Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENT / SETTLERS IRRIGATION: I r j 1 , IDAHO POWER: US WEST: INTERMOUNTAIN GAS: i BUREAU OF RECLAMATION: C�t !� OTHER: V' , 1D - All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission July 9, 1996 Page 16 reserve their comments for next meeting. There will also be another public hearing following this at the City Council level. So whatever we do at Planning and Zoning you get two (inaudible) shots minimum, hopefully it won't be deferred forever. Jackson: Well I appreciate your comments and I understand a little better. Johnson: Thank you for coming, anyone else? Any more testimony on the application by Eagle Partners either items 10 or 11? At this point I will close the public hearing. Crookston: You want to continue it do you not? Johnson: I am sorry I want to continue this public hearing, thank you I know you are here for a reason. We need a motion to continue this until August 13, 1996 date certain a requested. Shearer: Do we need, there was a letter that came in, do we need to put that in the public record. Johnson: Which letter are you referring to, the letter from Howard Foley? Those are both part of the record. MacCoy: Mr. Chairman, I make a motion that the Planning and Zoning on this issue postpone it to the next meeting. Johnson: Items 10 and 11 Commissioner MacCoy? MacCoy: Yes, items 10 and 11 since they are related. Johnson: Continued to August 13, 1996. Oslund: Second Johnson: We have a motion and a second, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FORA REZONE FROM R-4 TO L-0 BY KELLE WATKINS AND DOUG STEWART: Johnson: At this time I will open this public hearing and invite the applicant or his representative to come before the Commission. Meridian Planning & Zoning Commission July 9, 1996 Page 17 Doug Stewart, 5916 North Linder Road, was sworn by the City Attorney. Stewart: Well we are attempting to buy property at 1250 West Cherry lane which is one door from the new Meridian library and convert it to a light office use. My wife is a counselor and she wants to move her practice to Meridian and that seems to be a good location that is on the entry corridor and almost every piece of property that is along there is already commercially zoned and that is what we would like to do with this piece. Johnson: Have you read the comments from our City staff and do you have any questions regarding that? This letter is dated July 3rd that I am looking at. One from Shari Stiles and one from Bruce Freckleton. Stewart: Yes I did have a question on those, number 4, 1 am looking at the one from Shari, where it asks for since this is the Meridian corridor we ask for a minimum of 20 foot landscape setback should be required as a condition of rezoning. Well that is well and good for Fred Meyers that has 1.000 foot frontage and 100 foot setback but this is a house that has been there for 35 years and has 35 feet from the sidewalk and the front of the house. There is already a 13 foot planter there which I have a redraw (inaudible) and we add plantings over here and (inaudible) that would be more than (inaudible). We would like to keep that (inaudible) Johnson: So what you are saying is if we require the 20 foot you are going to have 15 feet left between the landscaping and your home right? Stewart: (Inaudible) Johnson: Well we have a relatively new landscape ordinance with respect to that and you are a victim of circumstances. Stewart: (Inaudible) Johnson: We have your request on that, is there anything else on here? On these comments? Anything on ACHD's comments? Stewart: We have already hashed that out with them, they had asked that access be gained through Leisure Lane. Well Leisure Lane is a private road owned by this gentleman right here between that private road and this piece of property is an 8 foot strip of land that I don't know who it belongs to. I don't think we can ask for an easement through those two pieces of property property. My insurance man says that would not be a good plan since that is two pieces of private property accessed to get to our land when there is already a curb cut in front of the house that takes us off the street and keep us on our property. I Meridian Planning & Zoning Commission July 9, 1996 Page 18 understand that little chunk of land is in some kind of a problem with the City according to (inaudible) who owns the street. Johnson: You have already hashed this out with ACHD was your meeting prior to their drafting of these recommendations or afterward? Stewart: This was last week and we have to go back there tomorrow. They didn't make a final decision they made recommendations which you have there and in the end decided that we would leave the curb cut where it is and go ahead and use it because it is such a limited use anyway because the Counseling business is a one on one. The counselor comes, whoever they are counseling comes and they are there for an hour and they leave. So it isn't a high traffic business anyway. So they decided that we could go ahead and just leave the curb cut where it was. Johnson: Do you have a copy of ACHD's draft, we do, I just want to make sure you have one. Stewart: Yes I do because I gave it to Shari? Johnson: Any questions from the Commissioners? Shearer: Is there any reason why this drive way can't come in and go to the back. We don't need all of this gravel parking and so on in the front do we? (Inaudible) Stewart: Since this already exists we want to leave it and leave the planting. This is now a road that goes out to Leisure Lane that is to be cut off and limited to this property and just be a parking space there. And then the (inaudible) this already exists and is (inaudible) black topped. Shearer: It seems to me if we follow Shari's recommendation or requirements of landscaping the front that this drive could come through that, the landscaping could be there and (inaudible) we have a driveway through the landscaped area. Stewart: (Inaudible) Shearer: We have changed substantially the last couple of years as far as the requirements for landscaping. Johnson: We need to ask you to return to the podium so we can pick up all of the 0 Meridian Planning & Zoning Commission July 9, 1996 Page 19 testimony. Anything else? Crookston: Excuse me Mr. Stewart, I may have misunderstood you when you started your presentation. I thought that you said that this property was adjacent to where the new library is going to be. Stewart: One door, there is another piece of property between the new Meridian City library and this piece of property. Johnson: Any other questions? Thank you, anyone from the public that would like to come forward on this? John Longden, 1727 Leisure Lane, was sworn by the City Attorney. Longden: I own the easement that comes down through there plus the lot directly behind him which is one piece of land. The easement is connected to my lot as one piece, there is a section of private property an 8 foot section between Leisure Lane and his property that right now is in Ada County Tax discussion I will put it that way, it has been there for a year and a half. But he has told me it will come out in about a month or so that they will get it straightened up and figure out what they are going to do with that strip, because they are going to take it from taxes evidently. Johnson: Excuse me, you lost me a little bit, what is the ownership for that 8 foot strip, is that what is being determined now? Longden: Yes, the strip between Leisure Lane and his property. It is about 8 feet and 300 feet or whatever the depth is of his lot. That was taken for taxes as far as I know. They told me they would let me know about July and they set up a new committee to take care of those problems they told me. I was just concerned about parking on Leisure Lane because it is a narrow street already. I was wanting to widen that right out front so those garbage trucks can get in easier and stuff because part of that already is in grass and it needs to be taken out of grass and put back in gravel so the trucks can get in there easier is what I was after because if they start parking out there on that side and it creates a problem for emergency vehicles or even people getting in and out of that easement. So that was my main concern is that he hold to his cut off coming out of the particular lot onto Leisure Lane. Crookston: Excuse me, this property in this application was that not the property that there was a request to rezone that to R-8 two years ago or something like that? Longden: No, the property to the left of that easement was rezoned to L -O or office use • Meridian Planning & Zoning Commission July 9, 1996 Page 20 and stuff, Mike Gamblin. Crookston: This is not his property? 0 Longden: No this is not his property. I guess that is all I have to say. Johnson: Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Discussion or motion? The request for rezone would require findings of fact. Shearer: I move that we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: What that means is we will have the City Attorney prepare these findings of fact in accordance with our ordinances, in accordance with the testimony presented tonight and at that time a recommendation will be included which will be passed onto the City Council. We will handle that at our next meeting which is August 13, 1996. Following that it will go to the City Council meeting. Any questions on the procedure. ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Johnson: At this time I will open the public hearing and invite Mr. Ballantyne or his representative to address the Corimission. This is a preliminary plat. Mike Ballantyne, 2690 N. Mule Deer Way, was sworn by the City Attorney. Ballantyne: On August 8, 1995 we came before this Commission requesting an annexation and zoning for approximately 40 acres between Franklin Road and Meridian Road on the southwest comer. The City decided that was from R14 County to L-0 and C- G. The City decided they wanted to see a plat, we then brought you a plat last Winter, you meaning the Planning and Zoning Commission approved that plat pending resolution of some entrance issues on the north end of the property related to Hoff Forest Products and their entrance. We then in the course of our application and in the course of our meetings and approvals through Ada County Highway District and the City of Meridian made WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 0 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. COME Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; REQUEST FOR REZONE FROM R-4 TO L -O (By Kelle Watkins and Doug Stewart) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY July 3, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.:! 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. A isessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. C:\OFFICEIWPWIMGENEIU i\WATIGNS.P&Z Mayor MEMORANDUM: TO: Planning and Zoning Commission, Mayor and Council FROM: Sharif s, Planning g and Zoning Administrator DATE: July 3, 1996 SUBJECT: Rezone Request from R-4 to L -O at Cherry and Leisure Lanes by Kelle Watkins and Doug Stewart Applicant is requesting rezone to allow use as a counseling office. 1. A development agreement should be required as a condition of rezone. 2. A detailed site plan to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc., must be submitted and approved prior to occupancy. 3. A Certificate of Occupancy must be obtained prior to use of the building as an office. 4. As Cherry Lane is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 -foot landscape setback should be required as a condition of rezoning. 5. Parking and striping shall meet the requirements of Meridian City Ordinance. Drainage calculations for on-site retention are to be submitted for approval by the Meridian Public Works Department. 6. A minimum of one 3" caliper tree is required for every 1,500 square feet of asphalt. All parking areas are to be paved (no gravel). 7. Adjacent residential properties are to be buffered via a planting strip. is OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA CHARLESE BENTLEY D. STUART, Water Works Supt. GLENN R. BRUCE JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. "BILLGORDON, Police Chief WAYNE G.. CROOKSROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: TO: Planning and Zoning Commission, Mayor and Council FROM: Sharif s, Planning g and Zoning Administrator DATE: July 3, 1996 SUBJECT: Rezone Request from R-4 to L -O at Cherry and Leisure Lanes by Kelle Watkins and Doug Stewart Applicant is requesting rezone to allow use as a counseling office. 1. A development agreement should be required as a condition of rezone. 2. A detailed site plan to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc., must be submitted and approved prior to occupancy. 3. A Certificate of Occupancy must be obtained prior to use of the building as an office. 4. As Cherry Lane is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 -foot landscape setback should be required as a condition of rezoning. 5. Parking and striping shall meet the requirements of Meridian City Ordinance. Drainage calculations for on-site retention are to be submitted for approval by the Meridian Public Works Department. 6. A minimum of one 3" caliper tree is required for every 1,500 square feet of asphalt. All parking areas are to be paved (no gravel). 7. Adjacent residential properties are to be buffered via a planting strip. n BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN REZONE R-4 RESIDENTIAL TO L-0 LIMITED OFFICE KELLE WATKIN3 AND DOUG STEWART `` \\ 1250 W. CHERRY LANE CMERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 9, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Doug Stewart, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 9, 1996, hearing; that the public was given full opportunity to express comments and .,ubmit evidence; and that copies of all aotices were available to newspaper, radio and television stations; 2. That this property, contains approximately .49 acres and is located within the City of Meridian and which property is described in the application which description is incorporated herein; the Applicant is not the owner of record of the property, FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 1 but the owner of record is Sheila Kildow; that the property is currently zoned R-4; that the Applicant is requesting a rezone to L -O Limited Office; that the property is within close proximity to existing homes and schools; that the proposed office request is consistent with the growth pattern west down Cherry Lane; that the new Meridian Library is located one property away to the west and the property immediately to the east is a real estate office, with virtually everything along Cherry Lane frontage to the east is business, office or commercial. 3. That the owner, Sheila Kildow has submitted her consent for the rezone, and it is incorporated herein as if set forth in full. 4. That the Applicant stated in the Application that this proposed zoning amendment would allow for a professional office site in the current structure using the existing vehicle entrance and exit off Cherry Lane; that the plan for parking, signs and landscaping would meet all City Ordinances and that the overall goal is to mirror the professional look of existing office sites nearby. 5. Doug Stewart testified before the Commission that he and his wife, Kelle Watkins, are attemrting to buy the property at 1250 West Cherry Lane to convert it to light office use as a counseling office for his wife; that the location lends itself well for an additional professional office space; that the comment from the Planning and Zoning Director, Shari Stiles, regarding a minimum of a 20 foot landscape setback, was in question; that as it stands now FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 2 1 0 0 there is 35 feet from the sidewalk to the front of the house; that there is already a 13 foot planter in the front; that the house has been at this location for 35 years; that the Ada County Highway District is asking that access be gained through Leisure Lane, but that Leisure Lane is a private road; that between the Leisure Lane and this property there is an 8 foot strip of land whose owner is unknown to the Applicant; that the Applicant's insurance man suggested that it was not a good plan to access this proposed property through two (2) pieces of private property when there is already a curb cut in front of the house that takes the Applicant off the street and keeps the Applicant on his own property; that regarding ACHD's draft recommendations, it was decided by ACHD that the curb cut would be left where it is and to go ahead and use it because it is such a limited use and not at all a high traffic business anyway. 6. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 7. That the property is presently zoned R-4, Low Density Residential; that the Applicant's propose a rezone to L-0, Limited Office District; that a professional office building is a permitted use in the L -O District. 8. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 3 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. 9. The City Planning and Zoning Administrator, Shari Stiles submitted comments regarding the rezone request which are incorporated herein as if set forth in full herein; that a development agreement should be required as a condition of rezone; that a detailed site plan to determine compliance with landscaping, lighting, parking, drainage, utility hookups, etc., must be submitted and approved prior to occupancy; that a Certificate of Occupancy must be obtained prior to use of the building as an office; that Cherry Lane is designated as an entrance corridor in the Meridian Comprehensive Plan, and a minimum 20 -foot landscape setback should be required as a condition of rezoning; that parking and striping shall meet the requirements of Meridian City Ordinance; that drainage calculations for on-site retention are to be submitted for approval by the Meridian Public Works Department; that a minimum of one (1 ) 3" caliper tree is required for every 1,500 square feet of asphalt and all parking areas are to be paved, and that the adjacent residential properties are to be buffered by - means of a planting strip. 10. That the Assistant to the City Engineer, Bruce Freckleton, submitted comments; that off-street parking shall be provided in accordance to the Meridian City Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATRINS/STEWART --REZONE Page 4 Ordinance; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that sanitary sewer and water services to this facility would be by means of existing service lines; that assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment and that the Applicant shall provide any information with regards to the anticipated water demand and the Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 11. That the Ada County Highway District submitted draft comments and they are incorporated herein as if set forth in full; that the draft site specific requirements are as follows: 1. Utility street cuts in the new pavement on Cherry Lane are not allowed unless approved in writing by the District. 2. The existing 11 -foot wide driveway on Leisure Lane located approximately 7 feet from the back of the curb on Cherry Lane shall be eliminated. 3. If permission of the owner of the 15 foot wide parcel between this site and Leisure Lane can be obtained by the Applicant, access to the site's proposed parking lot shall be provided from Leisure Lane behind the dwelling (approximately 110 feet from Cherry Lane.) If permission can not be obtained, the existing residential curb cut, driveway on Cherry Lane shall be permitt-gid as an interim access to the project site. 4. Restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. 12. That comments from the Nampa & Meridian Irrigation District, the Meridian City Police and Fire Departments, and FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 5 Central District Health Department were submitted and they are incorporated herein as if set forth in full. 13. Commissioner Shearer commented why there would be any reason to just not have this driveway come in and go to the back; that to follow the Planning Director's recommendation with regard to the landscaping, this driveway could come through the required landscaping area and therefore eliminating all the gravel parking and so on in the front. 14. Mr. Stewart responded that this already exists and he would like to just leave it and the planting area. 15. That there was testimony from John Longden, who owns the easement, Leisure Lane; that the 8 foot section of private road between the proposed property and Leisure Lane is; that to his understanding Ada County took for taxes, but that in about a month the Tax Commission [Ada County Highway District] will figure out what they are going to do with the strip of land; that he is concerned about parking on Leisure Lane; that it is a narrow road and if parking begins to happen on the Lane it will create a problem for emergency vehicles or even folks getting in and out of that easement; that the Applicant was told to his cut off coming out of the particular lot onto Leisure Lane. 16. That there was no other testimony heard. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 6 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 statutes 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 can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council . . . may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall re•.iew applications for zoning amendments; 4 -hat 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 L -O zoning would be harmonious with and in accordance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 7 (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L -O District as it presently exists, and meets the requirements set forth herein would be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d) The L-0 use would not be hazardous to the existing or future uses of the neighborhood. (e) L-0 development 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. (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area, however the traffic would be increased more than it would be under R- 4 development. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has good street frontage. (j) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is concluded that the comments, recommendation and - requirements of the Assistant to the City Engineer will have to be met and complied with. 8. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with, particularly FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 8 the requirement of a minimum 20 foot landscape setback and submitting a detailed, scaled site plan showing all parking, lighting, landscaping, drainage and utility hookups for review by City staff prior to occupancy. 9. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane. 10. That as a condition of granting this rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the property should be rezoned to R-4; that as set forth in 11-2-416 J., violations of the conditions of this rezone shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 11. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 12. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform = Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 9 9. That all requirements of these Findings of Fact and Conclusions of Law shall be met, including entering into a development agreement, which shall address the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL &Au -F7 COMMISSIONER R9PPE& COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTE VOTED VOTED VOTED- 'P,�1�� VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATKINS/STEWART --REZONE Page 10 DECISION The Meridian City Planning and Zoning Commission hereby recommends approval of this 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, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be MOTION: it3 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW- WATRINS/STEWART --REZONE Page 11 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 7 day of , 1996. rrnram COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED_ VOTED VOTED VOTED(- VOTED Al VOTED FINDIN9"F FACT AND CONCLUSIONS OF LAW - WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/9/96 REQUEST: Rezone from R-4 to L -O BY: Kelle Watkins and Doug Stewart LOCATION OF PROPERTY OR PROJECT: 1250 W. Cherry Lane between Linder Rd and Leisure Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FI L PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION( & FI A� PLAT) _SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: - FIRE DEPARTMENT YOUR CONCISE REMARKS: P01; M' 015PARTWENT CITY ATTORNEY CITY ENGINEER CITY PLANNER COUNCIL HUB OF TREASURE VALLEY MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 - FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/9/96 REQUEST: Rezone from R-4 to L -O BY: Kelle Watkins and Doug Stewart LOCATION OF PROPERTY OR PROJECT: 1250 W. Cherry Lane between Linder Rd and Leisure Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FI L PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION( & FI A� PLAT) _SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: - FIRE DEPARTMENT YOUR CONCISE REMARKS: P01; M' 015PARTWENT CITY ATTORNEY CITY ENGINEER CITY PLANNER WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C HARLES M. GLENN R. BENTLEY ROUNTREE 33 EAST IDAHO MERIDIAN, IDAHO 831642 P & Z COMMISSION Phone (208) 8884433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Rezone from R-4 to L -O BY: Kelle Watkins and Doug Stewart LOCATION OF PROPERTY OR PROJECT: 1250 W. Cherry Lane, between Linder Rd. and Leisure Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH _BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: +a' ` FM I PARTMENT YOUR CONCISE REMARKS: I"OLiCE Ur-PART'MENT CITY ATTORNEY CITY ENGINEER CITY PLANNER l GGin-C SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary TO: Kelle Watkins and Doug Stewart 5960 N Linder Road Meridian, ID 83642 FROM: Karen Galla her, oor inato g Development Services Division SUBJECT: MRZ-2-96 1250 Cherry Ln July 15, 1996 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 10, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi JJ Howard ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA ?OUNTY HIGHWAY DI• CT Development Services Division Development Application Report MRZ-2-96 1250 Cherry Lane Rezone from R-4 to L -O The applicant is requesting approval for a rezone from R-4 (residential) to L -O (limited office). The 0.4 -acre site is located on the north side of Cherry Lane approximately 1/4 -mile east of Linder Road. This development is estimated to generate 30 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Cherry Lane ACHD Commission Date - July 10, 1996 - 7:00 p.m. f 3id3WN3A ui I a WP.b� 3 W N O A Z N Q� n 'n M J O (7) J tp t m N 3n0' Hl 8 M!; 1S �iB H� N P c h ti N r N N N ; I ~—� _ I , N /► . N Q N N /� w c 7 N m V167MN n rn N "ld Wo$S0I� N n Q m ly N �y NW Q OCYCY 0 N m ._ Q, _ Q _ N NN _ l� 4i N n 01 Mh ct - -�- ---- ----..---- - -- — SCJ i ` m m Q co c 3 o n v N m to m o M N _ v h v Q O+o ~ @ 01 N _0 I O '3AB Hlll WN N WV 2!0 0 Oh3l �. ft ll 3.lIN Om - �oLu .. Lo °° --- MN z^ U Lci 1- s. S W N = 1D� 1(V i N N (� - 15 r r - u u j s O O f7• ^ NIn N N N A m V m N N N N N N C f N Iy 1' O in z l►` q M O N p o CD \'/ - N N r a I n N O 3n'd HI I 1S3M 'N ly N / �p y o O e co TD) n ti a n G1 I o, - N � M �C;1 I / `.l W O� � y � m o a, �o . & _ ---i m I Z v. 52 Q W v M ui z 10 cr 3 C N 11) rb W 1 J 1-1 Ni t�oew 0�`nCID d00ZLBET NNNm1b00ZL8EIHQ 0 0 N CIO O i N i O Cy CD m m I o�`\ cr Cc ..,.. In W UCD 3p02 6 HONW -13I ��0 � �, r-, -� Q m ..�. w U 0 0 0 0 •--1 - T• •-w -.. ...�.. - ^ .0 O ..0 1 O' O T, m Orsi U c� cn J LO co c: LO. m, Mim� m m b M N cn- i I fl0epE,F0 T9, 1 't. 0 M. 1.* , .n '., � 1T1 I EO N, , ICU ,`Nl .ti .-i 14 m ., , d 1^D �F 5hANN'. TOT m � r, 5 ki � 1 NN 4D Facts and Findings: A. General Information Owner - Sheila Kildow Applicant - Kelle Watkins R-4 - Existing zoning L -O - Requested zoning 0.4 - Acres 0 - Total lineal feet of proposed public streets 263 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Cherry Lane Minor arterial with bike route designation Traffic count 12,138 on 9/11/95 105 -feet of frontage 80 -feet existing right-of-way No additional required right-of-way. Cherry Lane is improved with 5 traffic lanes with curb, gutter and sidewalk. Leisure Lane (Private) No traffic count available 0 -feet of frontage Leisure Lane is improved with 18 -feet of pavement with no curb, gutter or sidewalk B. Utility street cuts in the new pavement on Cherry Lane are not allowed unless approved in writing by the District. C. There is an existing residential dwelling located at this site. D. There is an existing 11 -foot wide driveway on Leisure Lane located approximately 7 -feet from the back of the curb on Cherry Lane. The applicant is proposing to eliminate this driveway. If Leisure Lane were a public road, District policy would require a minimum of 50 -feet between a driveway on Leisure Lane and Cherry Lane. The operation of the intersection is effected the same whether the road is a public road or a private road and therefore the minimum 50 -foot separation should apply if a driveway is proposed on Leisure Lane. MRZ296. WPD Page 2 E. The applicant is proposing to use an existing residential curb cut driveway on Cherry Lane located approximately 79 -feet from Leisure Lane. There is also an existing driveway located on the adjacent parcel approximately 35 -feet further west of this project's western property line on Cherry Lane. District policy requires a minimum separation of 150 -feet between successive driveways on this section of Cherry Lane and between any driveway and Leisure Lane. The existing residential curb cut driveway on Cherry Lane located approximately 79 -feet from Leisure Lane does not meet the 150 -foot offset required by District Policy and driveway separation on Cherry Lane. This site has insufficient frontage to permit a driveway on Cherry Lane in accordance with District Policy. It appears that there is a 15 -foot wide privately owned parcel of land located between this site and Leisure Lane. Access to the site has been provided from Leisure Lane across the 15 -foot wide parcel. Since the existing driveway on Leisure Lane is too close to Cherry Lane, staff recommends that the applicant attempt to provide access to the site's proposed parking lot on Leisure Lane behind the dwelling (approximately 110 -feet from Cherry Lane). Permission of the abutting owner would be required to allow the use of the 15 -foot wide parcel for access between this site and Leisure Lane. If permission is granted to use Leisure Lane for access, the Cherry Lane driveway should be eliminated. However, staff recommend, that the existing driveway be retained as an interim access to the project site if access to Leisure Lane can not be obtained. Staff's recommendation is based upon the following factors: a. The proposed land use is a low traffic generator and the anticipated driveway volumes are anticipated to be low. b. The site's frontage is too short to locate a driveway that will meet District policy. C. It does not appear to be feasible to require a driveway to Leisure Lane. d. A large irrigation structure is located on the western property line of the site that precludes creating a shared driveway with the property to west. e. The new driveway location would only be offset an additional 7 -foot if the site driveway were to be relocated as far west as possible. f. It is staff's intention to require a revised access plan if this project site is ever redeveloped with a more intense land use. F. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. G. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. H. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on July 9, 1996. MRZ296.WPD Page 3 • L If the rezone is approved and the District receives a development proposal, the District intends to provide the following recommendations, in addition to any additional recommendations that may apply upon District review of future development to the City of Meridian: Site Specific Requirements: Utility street cuts in the new pavement on Cherry Lane are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. 2. The existing 11 -foot wide driveway on Leisure Lane located approximately 7 -feet from the back of the curb on Cherry Lane shall be eliminated. 3. If permission of the owner of the 15 -foot wide parcel between this site and Leisure Lane can be obtained by the applicant, access to the site's proposed parking lot shall be provided from Leisure Lane behind the dwelling (approximately 110 -feet from Cherry Lane). If permission can not be obtained, the existing residential curb cut driveway on Cherry Lane shall be permitted as an interim access to the project site. 4. Restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. 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 specifically idents each requirement to be reconsidered and include a written explanation of Hwy such a requirement would result in a substantial hardship or inequitv. The written request shall be submitted to the District no later than 9.00 am. on the day scheduled for A6HD Coission 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 specifically identify each requirement to be reconsidered and include written documentation MRZ296. WPD Page 4 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 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. MRZ296.WPD Page 5 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 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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. Date of Commission Action: JUL 10 1996 MRZ296.WPD Page 6 cr ENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # — La Conditional Use # Preliminary / Final / Short Plat DISTRICT HEALTH DI Environmental Health Division P - ❑ I. We have No Objections to this Proposal. E getto: Boise 1'1 Y ►f VIERIgle Garden city -Meridian ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,E—t-8. After written approval from appropriate entities are submitted, we can approve this proposal for: 11 -9 -central sewage El community sewage system El community water well ❑ interim sewage -Xcentral water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑ I I. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store ❑ child care center Date: Reviewed By: CDND 10/91 rcb, rev. 1/9S WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 HUB OF TREASURE VALLEY ROEI Y ED COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President 6 RONALD R. TOLSMA CITY OF MERIDgV)4ERjDjAj#LENN CHARLES EE RR. BENTLEY 33 EAST IDAHO . MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 0 j�jj(j/7 ..,,1111��JOHNSON, Chairman �� Public Works/Building Department (208) 887-22 L.3 U 1 / �U TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER ROBERT D. CORRIE N,JonGREG OSLUND JUN " 2 1 6 MALCOLM MACCOY Mayor ERIDIAN MDISTRI IRRIGATION T TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/9/96 REQUEST: Rezone from R-4 to L-0 BY: Kelle Watkins and Doug Stewart LOCATION OF PROPERTY OR PROJECT: 1250 W. Cherry Lane, between Linder Rd and Leisure Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _GREG OSLUND, P/Z ADA PLANNING ASSOCIATION _TIM HEPPER, P/Z F, NTf�61.,QISTRICT HEALTH _BOB CORRIE, MAYOR ` IRt R M6*16htAF MMIGAtTION MTMCT _RONALD TOLSMA, CIC SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) —WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation _POLICE DEPARTMENT -District has no comment on the above referenced CITY ATTORNEY CITY ENGINEER CITY PLANNER Bill R _Henson, -Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Meridian Planning & Zoning Commission August 13, 1996 Page 2 ITEM #2: TABLED JULY 9, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Johnson: Has there been any additional information submitted to staff on these applications? Does staff have any comments? Smith: No additional information has been submitted to Public Works Department Mr. Chairman. Stiles: Mr. Chairman, the only information I had was a telephone conversation with the applicant that indicated he was working on acquisition of some other properties and would be coming in with a new plan but I have not seen anything in writing or had any additional information submitted. Johnson: Thank you very much, what would you like to do with these two items gentlemen? Oslund: Mr. Chairman, I move that we table items 1 and 2 until the October meeting, regularly scheduled October meeting. MacCoy: Second Johnson: We have a motion and a second to table these items to a date certain of October 8, 1996, items 1 and 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY KELLE WATKINS AND DOUG STEWART: Johnson: You have the findings before you, is there any discussion regarding these findings of fact and conclusions of law? Oslund: I had a question on page 6, under section 15, the last sentence there, it says that the applicant was told to his cut off coming out of the particular lot, it appears that sentence is a bit jumbled, I was wondering if anybody knew exactly what that meant. Johnson: Mr. Crookston, can you enlighten Mr. Oslund? Crookston: That was a statement by Mr. Longden, I agree that it is a little bit difficult what he was trying to state but that is what he stated. I had a problem with that myself but I put Meridian Planning & Zoning Commission August 13, 1996 Page 3 it in as he stated. Oslund: Good enough. Johnson: Any other discussion regarding the findings of fact and conclusions of law? What would you like to do with this? Oslund: Mr. Chairman, I move that Meridian Planning and Zoning Commission of the City of Meridian hereby adopt and approve these findings of fact and conclusions of law. MacCoy: Second Johnson: We have a motion and a second to approve the findings of fact as written, this is a roll call vote. ROLL CALL VOTE: Borup - Yea, Oslund - Yea, Shearer - Absent, MacCoy - Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass on to the City Council at this time? Oslund: Mr. Chairman, I move that the Meridian City Planning and Zoning Commission hereby recommends approval of this 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, the fire and life safety codes, the uniform building code and other ordinances of the City of Meridian including that all parking areas shall be paved. MacCoy: Second Johnson: We have a motion and a second to pass the decision onto the City Council, the recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Before I get into that I should introduce a new commissioner that has taken Mr. Hepper's position and that is Keith Borup, this is his first evening here. It is a pleasure to have you with us, appointed by the City Council at their last meeting. ITEM #4: PUBLIC HEARING CONTINUED FROM JULY 9, 1996: REQUEST FOR ANNEXATION/ZONING TO C -G AND I -L BY DOUG TAMURA AND ARTHUR BERRY: 0 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: w._, 19�IG APPLICANT: KELLE WATKINS & DOUG STEWART AGENDA ITEM NUMBER: 3 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE 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: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 9.1996 APPLICANT: KELLE WATKINS & DOUG STEWART AGENDA ITEM NUMBER: 12 REQUEST; REQUEST FOR A REZONE FROM R4 TO L-0 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: cv- U OTHER: All Materials presented at public meetings shall become property of the City of Meridian. /ADA OUNTY HIGHWAY D Development ServicesD'visio Development Applicatio '' ort MRZ-2-96 / 1250 Cherry Lane Mlicant is requesting approval for a rezone office). The 0.4 -acre site is located on the north east of Linder Road. This development is estima day based on the Institute of Transportation Ej Roads impacted by this development: R-4 tial) to L -O (limited approximately 1/4 -mile ditional vehicle trips per :ion manual. REGF—I VEO ,l w. 0 5 1996 Iry O. - July 10, 1996 - 7:00 p.m. L71- • 0 Facts and Findings: A. General Information Owner - Sheila Kildow Applicant - Kelle Watkins R-4 - Existing zoning L -O - Requested zoning 0.4 - Acres 0 - Total lineal feet of pr( 263 - Traffic Analysis Zone West Ada - Western Cil Cherry Lan roved with 5 traffic lanes with curb, gutter and sidewalk. Leisure Lane (Private) No traffic count available 0 -feet of frontage Leisure Lane is improved with 18 -feet of pavement with no curb, gutter or sidewalk B. Utility street cuts in the new pavement on Cherry Lane are not allowed unless approved in writing by the District. C. There is an existing residential dwelling located at this site. D. There is an existing 11 -foot wide driveway on Leisure Lane located approximately 7 -feet from the back of the curb on Cherry Lane. The applicant is proposing to eliminate this driveway. If Leisure Lane were a public road, District policy would require a minimum of 50 -feet between a driveway on Leisure Lane and Cherry Lane. The operation of the intersection is effected the same whether the road is a public road or a private road and therefore the minimum 50 -foot separation should apply if a driveway is proposed on Leisure Lane. MRZ296.WPD Page 2 0 E. The applicant is proposing to use an existing rescur eway on Perry Lane located approximately 79 -feet from Leisure Lane. ere is:, lin ting dpV eway located on the adjacent parcel approximately 35 -feet westt this p stem property line on Cherry Lane. District policy requires a minimum separation o 0ft�lji-fre n successive driveways on this section of Cherry Lane and between any ay an Lane. The existing residential curb cut drive on focated approximately 79 -feet from Leisure Lane does not meet the . 0-f offse fired by District Policy and driveway separation on Cherry Late = Thi rte ufficient frontage to permit a driveway on Cherry Lane in accordance wtDistral Pol' It appears that the al ,,f a pn wned parcel of land located between this site and Leisure Lane - to s been provided from Leisure Lane across the 15 -foot wide parcel. Since gr `" 'y on Leisare Lane is too close to Cherry Lane, staff recommends that: te to provide access to the site's proposed parking lot on Leisure Lane�ehind the d (approximately 110 -feet from Cherry Lane). Permission of the abutting owner would inquired to allow the use of the 15 -foot wide parcel for access between th asite and Leisure Lane. If permission is granted to use Leisure Lane for access, the Cherry'; qpe drivew4 should be eliminated. However, staff recommend, that the existing dtvew� ;;° `stained as an interim access to the project site if access to Leisure Lane can not be 'oblatti Staff s recommendation is based upon the following factors: a. The proposed land use is a low traffic generator and the anticipated driveway volumes are anticipated to be low. b. The site's frontage is too short to locate a driveway that will meet District policy. C. It does not appear to be feasible to require a driveway to Leisure Lane. d. A large irrigation structure is located on the western property line of the site that precludes creating a shared driveway with the property to west. e. The new driveway location would only be offset an additional 7 -foot if the site driveway were to be relocated as far west as possible. f. It is staff's intention to require a revised access plan if this project site is ever redeveloped with a more intense land use. F. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. G. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. H. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on July 9, 1996. MRZ296. WPD Page 3 Site Specific Requirements: If permissirttec not be o e the existing residential curb cut driveway on Cherry Lane shall be pe, as an access to the project site. 4. Restricti r ;, _ the wi , , number and locations of driveways, may be placed on future Standard Requirements: 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 �pecffically identify each requirement to be reconsidered and include a written explanation of why such arequ.rement would result in a s ubstantial hardsbip or ineau�. The written request shall be submitted to the District no late than 9.00 am. 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 specifically identify each renuirement to be reconsidered and include written doc mentation MRZ.2%.WPD Page 4 0 8. Any change by the applicant in the planned use of i application, shall require the applicant to comply plans, or other regulatory and legal restrictions successors in interest advises the Highway Distri the subject property unless a waiver/variance of sa' granted pursuant to the law in effect at the time Conclusion of Law: 1. ACHD requirements are intended t ure t the an undue burden on the existing v lar, d ped. vicinity impacted by the propose evel nt. Should you have Division at 345= Ao ised use/development will not place transportation system within the please contact the Development Services MRZ296.WPD Page 6