200 Development Agmt with Eagle Partners LLC
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, OCTOBER 20, 1998 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: )( RON ANDERSON K CHARLIE ROUNTREE
X GLENN BENTLEY )( KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
MINUTES FROM PREVIOUS MEETING HELD OCTOBER 6, 1998: Cbj9/3roVw€-
REGULAR AGENDA
1. FINAL SIGNATURE: B.S.U. CONTRACT WITH CITY AT WATER
DEPARTMENT BUILDING: tvp!rtJv1L/
2. TABLED FROM SEPTEMBER 15,1998: DEVELOPMENT AGREEMENT FOR
STERLING CREEK SUBDIVISION: ~6Q ~ 2 "Ahv.. ~:~ AIJ-
3. ORDINANCE #804 - CREATING THE POSITION AND PROVIDING FOR THE
DUTIES OF THE ASSISTANT CITY CLERK: (fI;f?tpro v-e A.JI?-,v (Ulrre ch~
4. ORDINANCE #805 - ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY
WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE: a,?/)I-OV..Il..---
5. ORDINANCE #806 - ANNEXATION & ZONING OF 36.71 ACRES FOR
PROPOSED WilKINS RANCH AT THE LAKES SUBDIVISION BY STEINER
DEVELOPMENT, LLC - EAST OF BLACK CAT I USTICK INTERSECTION AND
SOUTH OF USTICK ROAD: te seltL ~ppro v~ and S~d 6ad<- fo
~ Pi Z ~/A"rl~r/'~
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR
PROPOSED WilKINS RANCH AT THE lAKES SUBDIVISION BY STEINER
DEVELOPMENT, LLC - EAST OF BLACK CAT I USTICK INTERSECTION AND
SOUTH OF USTICK ROAD: rer.en.-cf dehi7L!. &tn-of.- sel'td.. 6ac-k-- n,
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7. DEVELOPMENT AGREEMENT FOR EAGLE PARTNERS:
dpp/7:JYe- /(er~~ #~o
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT BY EAGLE PARTNERS - NORTHWEST
CORNER OF EAGLE ROAD AND MAGIC VIEW:
~V/I{., ~ or:!- de-c/J'Qr.."
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
OF EAGLE PARTNERS LLC, 603 SOUTH
EAGLE ROAD, THE APPLICATION FOR
CONDITIONAL USE PERMIT, NORTHWEST
CORNER OF EAGLE ROAD AND MAGIC
VIEW DRIVE, MERIDIAN, IDAHO
)
) FINDINGS OF FACT AND
) CONCLUSIONS OF LAW AND
) ORDER OF DECISION
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The above entitled conditional use permit application having come on for public
hearing on July 21, 1998, at the hour of 7:00 o'clock p.m., the Applicant's Representative,
having appeared and numerous other witnesses having testified and the City Council
having duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Order of Decision:
FINDINGS OF FACT
1. The notice of public hearing on the application for conditional use permit was
published for two (2) consecutive weeks prior to said public hearing scheduled for July 21,
1998, before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within 300 feet of the external
boundaries of the property under consideration more than fifteen (15) days prior to said
hearings and with the notice of public hearing having been posted upon the property under
consideration more than one week before said hearing; and that copies of all notices were
made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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July 21, 1998, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code S9 67-6512(b) and 67-6511, and 99 11-2-418E and 11-2-416E F, Municipal
Code of the City of Meridian.
3. The City Council has received the Findings of Fact and Conclusions of Law
Decision and Recommendation of the Planning and Zoning Commission issued as a result
of two public hearings held by said Commission on April 14, 1998 and on June 9, 1998.
4. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance
Establishing the Impact Area Boundary.
5. The property which is the subject to this application for conditional use permit
is described as follows:
A parcel of land situated in the Northeast quarter of Section 17 and the
Southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho; and including Lot 1, as shown on "Amended Magic View
Subdivision", Ada County, Idaho; and including the land between said Lot 1 and the
Eastwardly extension of the Northerly and Southerly lines of said Lot 1, to the
Easterly right of way of Eagle Road (aka., State Highway 55) and including land
currently part of the road right of ways for Eagle Road (aka., State Highway 55) and
Magic View Drive and more particularly described as follows:
Commencing at the common quarter corner of Sections 16 and 17, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, and thence along the
common section line, North OO~2'18" West a distance of 749.74 feet to a point
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
being the intersection of the centerline of Magic View Drive and the Section line
common to Sections 16 and 17, said point being the point of beginning;
Thence North 89038'27" East a distance of 43.62 feet to a point on the Easterly right
of way of Eagle Road;
Thence along the right of way on a curve to the right having a delta of 2018'53",
radius of 5,659.58 feet, length of 228.64 feet and a long chord of 228.63 and bearing
North 2031'57" East to a point of reverse curvature;
Thence continuing along the Eagle Road right of way on a cUlVe to the left having a
delta of 3fl26'18", radius of 5,799.58 feet, length of 348.03 feet and a long chord of
347.98 and bearing North 1058158" East to the point of intersection with the Easterly
extension of the Northerly line of said Lot 1;
Thence along the extension of and the Northerly line of said Lot 1 North 89057'05"
West a distance of 461.04 feet to the Northwest corner of said Lot 1;
Thence South 0006'25" East along the Westerly lot line of said Lot 1 a distance of
579.31 feet to a point on the centerline of Magic View Drive;
Thence along the centerline of Magic View Drive North 89038'27" East a distance of
394.28 feet to the point of beginning.
Parcel contains 5.980 acres.
6. The property is located adjacent and to the west of Eagle Road and to the
north of Magic View Drive.
7. The prop~rty is located at 603 South Eagle Road.
8. The Applicant is the record owner of the property and has filed a written
request for conditional use permit.
9. The property was zoned by Ada County as Rural Transition (RT), and is
primarily vacant and unused.
10. The Applicant requests the property be zoned (C-G), General Retail and
Service Commercial.
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
11. The City Council takes judicial notice of the fact that since the hearing of this
matter it has annexed the subject property and zoned it (C-G) General Retail and SelVice
Commercial.
12. The Applicant has requested the conditional use permit, and the application
was not initiated at the request of the City of Meridian.
13. The site of the subject property lies adjacent and to the south of the
Greenhills ,Estates No. 3 Subdivision and borders Lots 1, 3, 4 and part of Lot 5 in said
subdivision and is kitty corner and to the southwest of the Mountain View Subdivision. The
site is immediately east of the Magic View Subdivision and immediately west of the St.
Luke's Regional Medical Center, and is adjacent to Eagle Road and in close proximity to
the Eagle Road Interchange with Interstate 1-84.
14. The property to the north and to the northwest of the subject property is
developed as residential housing and the property to the east of the subject property is
developed as St. Luke's Regional Medical facility and the property to the south has been
developed to include the Texaco Convenience Store and gasoline station, and the property
to the west is residential.
15. The property which is the subject of this application must be annexed into the
City of Meridian and zoned (C-G) General Retail and Service Commercial prior to any final
action by the City Council on the granting of a conditional use permit.
16. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
17. The Applicant submitted development plans tor the subject real property
which are identified as "ChevronlMcDonald's and by J.P. Co. Credit Union, Eagle Road and
Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9464 sheet 58-2.1 of
site and building data 6/98".
18. The applicant proposes to develop the subject property in the following
manner. The northern 108 feet of the subject property to be reserved as a roadway right-
of-way and dedicated to the ACHD with the inclusion thereon of a berm in the northern 1/3
of the reserved right-at-way; and adjacent and to the south af the reselVed right-af-way a
parcel depicted as Parcel B which is depicted as 150 feet in width across the entire subject
property which shall be developed with a credit union building 5,000 square foot in size with
a future expansion of additional 2,600 square feet together with parking and landscaping,
with a drive-through on the southern side of the proposed building. A parcel depicted as
Parcel A is 292 feet in width across the entire subject property to be developed as a
McDonald's/Chevron fast food convenience facility with fuel islands including eight pump
stations, a vacuum air compressor and hose BIBB, a car wash, trash enclosure, together
with the convenient store and associated parking, berming and landscaping as depicted on
the site plan.
19. The applicant proposed development and the use is classified in the Zoning
Schedule for Use Control in Section 11-2-409(8) Commercial, Automobile Service Station
and Automobile Washing Facility and a bank and other financial institutions which are
permitted uses in C-G zone. The proposed development also includes a convenience
store and drive-in establishments which do require conditional use permit and the applicant
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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proposes a planned development because the development will have more than one
principal detached building upon the lot which is prohibited by Municipal Code Section 11-
2-405(G), except for planned developments, and the commercial development requires a
conditional use in a C-G zone by reason of the fact that the proposed development use
also includes drive-in establishments and a convenience store.
20. Traffic volume on Eagle Road is quite high and serves as a major
interchange and north/south collector with Interstate 1-84.
21. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed and the following is also
found to be required to midegate the effects of the proposed use and development
upon services delivered by political subdivisions providing services to the subject real
property within the planning jurisdiction of the City of Meridian:
21.1 Applicant shall be responsible to install a water main within the right-af-way of
the new street along the north boundary of the proposed site. Location and
sizing of the new main should be coordinated with the Meridian Water
Department.
21.2 Water service to the proposed site could be to the existing water line installed
along the northerly side of Magic View Drive. Developer to provide the Public
Works Department with information on anticipated fire flow and domestic
water requirements for the proposed site.
21.3 As Assessment fees for water and sewer service are determined during the
building plan review process Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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water and sewer mains to their current points.
21.4 In order to assure that the affected and subject area will be served
adequately by essential public facilities and services the pretreatment
required and addressed on the building permit application redlines for
obtaining City sewer service, which is required.
21.5 In compliance with the requirements of the Central District Health for
approval of appropriate proposal for central sewage and central water, as
well as approval for plans for food establishments.
21.6 Sanitary Sewer selVice to the proposed site could be to the existing line
installed in Magic View Drive directly adjacent to the south.
21.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant
is currently being evaluated. Approval of development to be contingent upon
City's treatment plant ability to accept the additional sanitary sewage
generated by this proposed development.
21.8 The Applicant shall be required to connect the property to Meridian water and
sewer and extend the water and sewer lines to serve the property, and
resolve how the water and sewer mains will serve the property, all of which
shall be at the Applicant's, or its successor's, or successors' cost and
expense. Said water and sewer requirements shall be performed on or
before the time that the Applicant or its successor, or successors desire to
use the property or place a user on the property.
21.9 Any existing irrigation/drainage ditches crossing the property to be included
in the project are to be tiled per City Ordinance 11-9-605.M. The ditches
which are to be piped should be shown on the site plans. Plans will need to
be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public
Works Department with no variances for tiling of any ditches crossing this
project.
21.10 A drain~ge plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
21.11 A Land Use Change/Site Development application shall be filed for review
with the Nampa & Meridian Irrigation District with all laterals and wasteways
affected to be protected. Municipal surface drainage must be retained on
site. Any surface drainage leaving the site must be approved by the Nampa
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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& Meridian Irrigation District in accordance with their drainage plans. The
Developer must comply with Idaho Code 31-3805.
21.12 The stormwater run-off will be managed with appropriate Best Management
Practice.
21.13 Pressurized irrigation shall be installed and constructed.
21.14 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
21.15 Any existing domestic wells and/or septic systems within the project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
21.16 All ditches, canals, and waterways shall be tiled as a condition of annexation.
21.17 The proposed roadway north of the proposed Idaho Power Credit Union
needs to be dedicated as a public roadway with a stub to the west. Future
development in this area will need to have proper access to the traffic signal.
Applicant shall be responsible to install a water main within the right-of-way
of the new street along the north boundary of the proposed site. Location
and sizing of the new main should be coordinated with the Meridian Water
Department.
21.18 Developer comply with the State of Idaho Transportation Departments
requests that a full control area is necessary to maintain adequate traffic
operations on Eagle Road and in the vicinity of Interstate 1-84 interchange.
21.19 All development approach locations shall be in accordance with the
requirements of the State of Idaho Transportation Department.
21.20 Roadway and roadway approaches to be approved by the ACHD.
21.21 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
21.22 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4. and 11-2-414.D.5. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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(ADA) requirements.
21.23 No signage details were submitted. Detailed signage plans must be included
as part of this application for review and approval.
21.24 A developer shall comply with aHlite safety codes of the City of Meridian and
shall also c~mply with City code requirements for water supplies, sprinkler
systems, as regulated by the Fire Department.
21.25 All construction shall conform to the requirements of the Americans with
Disabilities Act
21.26 A development agreement be required as a condition of annexation setting
forth these conditions of development.
21.27 That City water and sewer services and the issuance of an occupancy
permit shall not be provided until all of the terms and conditions set forth
in this section have been met.
22. It is found that if the developer pays for the requested improvements and
the developer complies with the conditions set forth in these findings of fact no. 21 and
all subparts this will assure that the affected areas and the subject real property will be
served adequately by essential public facilities and services, such as highways, streets,
police and fire protection, drainage structures, refuse disposal, and water and sewer.
23. The following hereinafter listed conditions are found to be reasonably
required to minimize adverse impact of the proposed conditional use upon other
development in the vicinity and to assure that the development is maintained properly:
23.1 To minimize the impact to the neighborhood to the north the applicant shall
dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the
subject property; further a landscaped berm shall be developed in the
northern 35 feet of the reserved right-af-way and which landscaped berm
shall be maintained by developer.
23.2 A roadway placed on the northern boundary of the site will also provide
potential elimination of future traffic concerns in the area.
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
23.3 All speaker drive-throughs to be located on the south side of the
McDonald's/Chevron fast food convenience facility.
23.4 All speaker drive-throughs to be located on the south side of the Credit Union
facility.
23.5 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs shall be permitted. Submission and
approval of all signaQe plans including but not limited to pole signs, reader
boards, banners, etc., and specifically any "golden arches" type signage
associated with McDonalds and any outside signage associated with the
Chevron Gas Stations. These conditions shall be in addition to the
requirements of Meridian's sign ordinance.
23.6 The development shall include a 20 foot buffer on the north side of the Credit
Union facility and 20 feet of landscaping between the Credit Union and the
McDonald's/Chevron fast food convenience facility.
23.7 The development shall include construction of a solid wood fence that runs
from the southerly boundary of Magic View north to the 108 foot reselVed
road right-of-way.
23.8 The Credit Union facility shall operate during normal business hours
between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends.
23.9 A minimum of 68 three-inch caliper trees will be required for the paved
square footage proposed.
23.10 Particular attention needs to be paid to lighting plans to eliminate as much as
is reasonably necessary to eliminate and/or reduce glare to neighboring
properties to the north and west, and in accordance with city Ordinance
Section 11-2-414D3.
23.11 A minimum of a 35-foot-wide landscape setback is required adjacent to the
right-of-way of Eagle Road.
23.12 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
11-9-606.8.
23.13 Future development in this area will need to have proper access to the traffic
signal.
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23.14 A development agreement is required as a condition of annexation to insure
that the development considerations herein found reasonable are enforced.
23.15 That City water and sewer services and the issuance of an occupancy permit
shall not be provided until all of the terms and conditions set forth in this
section have been met.
24. The proposed uses are designed and are to be constructed to be
harmonious in appearance with the character of the general vicinity; that if the conditions
set forth herein are complied with the use should be operated and maintained to be
harmonious with the intended character of the general vicinity and should not change the
essential character of the area;
25. The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses if the developer provides and maintains the required barming that is
adjacent to the residential neighborhood to the north. Further, the applicant should be
required to submit proposals for all lighting and also submit their plans for all types of
signage, regardless of type and variety. Further, these conditions should be made
requirements of the Development Agreement. The applicant shall be required to enter into
a Development Agreement before the annexation and zoning and the conditional use
permits are granted;
26. Sewer and water service is available, but the applicant may have to pay
additional fees for the use;
27. The use will create additional public costs for the construction of the road
through this development. Those costs will be paid for by taxpayers through the Ada
County Highway District, however, with the potential of future development in the area the
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
costs should not be excessive nor detrimental to the economic welfare of the community;
28. The use will not involve activity, process, material, equipment or
conditions of operation that would be detrimental to person, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors;
29. The use will have vehicular approaches to the property, which as designed
will not create an interference with traffic on surrounding public streets; only if the Ada
County Highway District Board approves the proposed roadway through this development.
This conditional use permit and the accompanying annexation and zoning requests must
be contingent upon Ada County approving the roadway through the development;
This should also be a condition of the Development Agreement and required to be
entered into by the applicant before any approvals are required.
30. The development of the property will not result in the destruction, loss or
damage of a natural or scenic feature of major importance.
31. The applicant requested zoning of the subject real property as General
Retail and Service Commercial (C-G) is consistent with the commercial designation on
the Meridian Comprehensive Plan Generalized Land Use Map which designates the
subject property as commercial.
32. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
33. The development of the property as a (C-G) General Retail and Service
Commercial District, as requested by the Applicant, will be compatible to the
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
development in the surrounding area subject to the conditions of development herein
found to be reasonable in relation to the requested zone (C-G) General Retail and
Service Commercial Zoning District and is accordance with the Comprehensive Plan of
the City of Meridian.
34. There are no major or scenic features of major importance that affect the
consideration of this application.
35. The City Council finds that the proposed conditional use permit subject to the
conditions herein imposed is also compatible with the Comprehensive Plan of the City of
Meridian because:
35.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-quality
development. Enhancement of Meridian's quality of life for all residents is
achieved by applying the criteria of the Comprehensive plan and the Zoning
ordinances of the City to all applications such as the subject application.
35.2 This proposed new growth development will finance public service expansion
by the requirement herein that the applicant comply with the requests
submitted of the political subdivisions responses within the Meridian Urban
Service Planning Area submitted in the record of this matter.
35.3 The expansion of commercial development is facilitated by the proposed
development plan of this application subject to the conditions herein set forth.
35.4 The application is consistent with Meridian's self identity.
35.5 The subject property is designated on the "Meridian Comprehensive Plan
Generalized Land Use Map Infrastructure Planning Analysis Comprehensive
Plan and Map adopted on December 21, 1993" as Commercial.
35.6 The vicinity of the subject property is designated on the "Meridian
Comprehensive Plan Generalized Land Use Map Infrastructure Planning
Analysis Comprehensive Plan and Map adopted on December 21, 1993" in
the immediate vicinity as commercial and the neighboring area is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
mixed/planned use development.
35.7 The subject application is relevant to the "Goals of the Comprehensive Plan"
as set forth at page 5 there of as follows:
a. Meridian's environmental quality is provided for as set forth in the plan by
the provisions of the plan to improve the total natural environment by the
adoption by the City of a City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and programs.
b. The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents, of the City and the reduction of the reliance upon Boise ~nd the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
c. The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a self-
sufficient community is achieved by applying the criteria of the
Comprehensive plan and the zoning ordinances of the city all applications
such as the subject property.
d. The Comprehensive Plan of the City of Meridian adopted December 21,
1993, Ord. No. 629, dated January 4, 1994 also provides, and it is found
by the city council, that this application is consistent with the following
provisions thereof on page 15 under Economic Development that with the
City's growing population and job base comes the need for increased
municipal services and the necessity to improve existing service delivery
systems. The cost of providing these services presents a fiscal challenge
to the City. Meridian can meet this challenge in part by continuing to
expand its economic base and creating new job opportunities for citizens.
Commercial Activity Centers: Retail, commercial and office development
are frequent partners within Commercial Activity Centers. In order to
support residential and industrial developments, areas should be set
aside as Commercial Activity Centers and their development carefully
guided.
Various commercial activity centers are designated on the generalized
land use map. Planning policies pertaining to commercial activity centers
are presented in the land use chapter of the plan.
Economic Development Goal Statement: Meridian seeks to stimulate,
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
encourage and give preference to those types of economic activities and
developments which provided for the employment of Meridian citizens
and area residents, and reduce the need for people to commute to
neighboring cities for work.
Policies:
1. The City of Meridian shall make every effort to create a positive
atmosphere which encourages industrial and commercial enterprises
to locate to Meridian.
2. It is the policy of the City of Meridian to set aside areas where
commercial and industrial interest and activities are to dominate.
3. Positive programs should be undertaken to support existing industrial
and commercial areas to ensure their continued vitality, such as:
Zoning changes to assure desired economic development.
Land Use: Commercial and retail areas are established along major
arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and
Meridian Roads) and include small commercial centers and individual
businesses. Uses include retail, wholesale, service, office, and limited
manufacturing.
Commercial Policies:
Encourage new commercial development within under-utilized existing
commercial areas.
Encourage commercial uses, offices and medical-care uses to located in
the Old Town district, business parks, shopping centers and near high-
intensity activity areas, such as freeway interchanges.
Special Community Design Areas Goal Statement: Promote, encourage,
and enhance an aesthetically-pleasing community by requiring good
design and appearance in all special areas.
Policies:
1. Require businesses and government to install and maintain
landscaping.
2. Encourage a~ea beautification through uniform sign design that
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
enhances the community.
3. Encourage the beautification of streets, parking lots, public
lands, and state highways.
4. Encourage the use of attractive open space, landscaping,
lighting and street furniture for the benefit of the public.
35.8 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
35.9 The preservation and improvement of the character and quality of Meridian's
man-made environment while maintaining its identity as a self-sufficient
community is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to the subject application.
35.10 Compliance with the requests of the Political subdivisions providing services,
assures that community services are being provided for existing and
projected needs and that the land use patterns of the City are balanced to
insure that revenues pay for services and that the Urban Service Planning
Area is visually attractive, efficiently managed and clearly identifiable.
35.11 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria of the Comprehensive plan and
the Zoning ordinances of the City to the subject application.
36. The proposed uses, subject to the conditions as found by the Council, would
be harmonious with and in accordance with the Comprehensive Plan and this Ordinance;
37. The property can be physically serviced with City water and sewer, if
applicant extends the lines~
38. Meridian has, and is, experiencing a population increase; that there' are
pressures on land previously used for agricultural uses to be developed into commercial
uses and other uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian have been met, including the mailing of notice to owners
of property within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses pursuant to Idaho
Code Section 65-6512 and pursuant to 11-2-418 of the Zoning and Development
Ordinance of the City of Meridian.
3. 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.
4. The property is currently zoned (RT) Rural Transition. The applicant has
requested annexation and zoning into the City of Meridian with a (C-G) designation. The
(C-G), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-
408 B 11 as follows:
U(C-G) General Retail and Service Commercial: The purpose of the (C-G) District is
to provide for commercial uses which are customarily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All
such districts shall be connected to the Municipal Water and Sewer systems of the
City of Meridian, and shall not constitute strip commercial development and
encourage clustering of commercial development"
5. The Zoning Schedule of Use Control as contained in the Zoning and
Development Ordinance of the City of Meridian, Section 11-2-409, provides and regulates
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
the type of use allowed as either a permitted use, a conditiona'l use, or permitted as an
accessory use or not permitted. In the (C-G) zone convenient stores and drive-in
establishments require a conditional use permit and section 11-2-405(G) of the Municipal
Code of the City of Meridian prohibits more than one principal detached building upon one
lot except for a Planned Development (PO) as a conditional use.
6. Conditional Use Permit is defined in the Zoning and Development Ordinance,
City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this
Ordinance in a zoning district."
7. The City of Meridian has authority to place conditions on a conditional use
permit and the use of the property pursuant to Section 11-2-418 H Municipal Code of the
City of Meridian and Idaho Code Section Q7-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the duration of
development, assuring the development is maintained properly, and on-site or off-site
facilities may be attached to the permit; that 11-2-418 (0) authorizes the City to prescribe a
set time period for which is a conditional use may be in existence.
8. Section 11-2-418 D. states as follows:
"In approving any Conditional Use, the Commission and Council may
prescribe appropriate conditions, bonds, and safeguards in conformity with
this Ordinance. Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the Conditional Use is granted, shall be
deemed a violation of the Ordinance and grounds to revoke the Conditional
Use. The Commission and Council may prescribe a set time period for which
a Conditional Use may be in existence."
9. This application for a conditional use has been judged upon the basis of
guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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 may take judicial notice.
10. Section 11-2-418 C of the Zoning and Development Ordinance of the City of
Meridian sets forth the standards under which the Planning and Zoning Commission and
the City Council shall review applications for Conditional Use Permits. Upon a review of
those requirements and a review of the facts presented and the conditions of the area,
assuming that the above conditions or similar ones thereto would be attached to the
conditional use, the City Council concludes as follows:
a. The use, would in fact, constitute a conditional use and a conditional
use permit would be required by ordinance;
b. The use would be harmonious with and in accordance with the
Comprehensive Plan and this Ordinance;
c. The use is designed and is to be constructed to be harmonious in
appearance with the character of the general vicinity; that if the
conditions set forth herein are complied with the use should be
operated and maintained to be harmonious with the intended
character of the general vicinity and should not change the essential
character of the area;
d. The use will not be hazardous or disturbing to existing or future
neighboring uses if the developer provides and maintains the required
berming that is adjacent to the residential neighborhood to the north.
Further, the appli~nt should be required to submit proposals for all
lighting and also submit their plans for all types of signage, regardless
of type and variety. Further, these conditions should be made
requirements of the Development Agreement. The applicant shall be
required to enter into a Development Agreement before the
annexation and zoning and the conditional use permits are granted;
e. Sewer and water service is available, but the applicant may have to
pay additional fees for the use;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
(
f. The use will create additional public costs for the construction of the
road through this development. Those costs will be paid for by
taxpayers through the Ada County Highway District, however, with the
potential of future development in the area the costs should not be
excessive nor detrimental to the economic welfare of the community;
g. The use will not involve activity, process, material, equipment or
conditions of operation that would be detrimental to person, property
or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors;
h. The use will have vehicular approaches to the property, which as
designed will not create an interference with traffic on surrounding
public streets; only if the Ada County Highway District Board approves
the proposed roadway through this development. This conditional use
permit and the accompanying annexation and zoning requests must
be contingent upon Ada County approving the roadway through the
development;
This should also be a condition of the Development Agreement and
required to be entered into by the applicant before any approvals are
required.
i. The development of the property will not result in the destruction, loss
or damage of a natural or scenic feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
(
ORDER OF DECISION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY
ORDERED AND THIS DOES ORDER that the applicant, Eagle Partners, L.L.C., is hereby
granted a conditional use permit subject to the following terms and conditions to-wit:
1. That the property which is subject to the conditional use permit is
described as follows:
A parcel of land being all of Lot 1 Amended Magic View Subdivision
according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-
4446, records of Ada County, Idaho, and amended by an Affidavit recorded
May 28, 1996 as Instrument No. 96044575.
EXCEPTING THEREFROM: A parcel of land being on the Westerly side of
the centerline of Eagle Road Project No. F-FR-3271 (44) Highway Survey as
shown on the plans thereof now on file in the office of the Idaho
Transportation Department Division of Highways, and being a portion of Lot 1
of Amended Magic View Subdivision according to the Official Plat thereof
filed in Book 52 of Plats at Pages 4445-4446, records of Ada County, Idaho
described as follows, to-wit:
BEGINNING at the Northeast corner of Lot 1 of said Amended Magic View
Subdivision, Ada County, Idaho; thence
North 89057'05" West (shown of record to be North 89058'29.7" West) along
the North line of said Lot 1 a distance of 40.37 feet to a point in a line parallel
with and 70.00 feet Westerly from the centerline and opposite Station
49+81.54 of said Eagle Road, Project No. F-FR-3271 (44) Highway SUlVey;
thence along said parallel line as follows:
Southerly along a 5659.58 foot radius curve right 339.39 feet to a point
opposite Station 46+37.95 a point of reverse curvature of said Highway
Survey,
Southerly along a 5799.58 foot radius curve left 238.12 feet to a point in the
South line of said Lot 1; thence
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
North 89038'27" East (shown of record to be North 89037'02" East) along said
South line 66.10 teet to a point in the Westerly right-of-way line of existing
Eagle Road; thence
North OO~1'33" West (shown of record to be North OO~2'57.7" West) along
said West line 576.73 feet to the PLACE OF BEGINNING.
Highway Station Reference: 44+29.65 to 49+81.54.
2. The use of the subject property shall be developed in accordance with the
site plan, which is identified as "ChevronlMcDonald's and by J.P. Co. Credit Union, Eagle
Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9646 sheet
88-2.1 of site and building data 6/98".
3. The use of the subject property on Parcel B shall be as a Credit Union
building and facility with parking and landscaping, and a drive-through on the southern side
of the proposed building. Parcel A as identified on the site plan to be used as a fast food
convenient facility with fuel islands, including eight pump stations, a vacuum air compressor
and hose BIBB, a car wash, trash enclosure, together with the convenient store and
associated parking, berming and landscaping.
4. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed:
4.1 Applicant shall be responsible to install a water main within the right-at-way of
the new street along the north boundary of the proposed site. Location and
sizing of the new main should be coordinated with the Meridian Water
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
4.2 Water service to the proposed site could be to the existing water line installed
along the northerly side of Magic View Drive. Developer to provide the Public
Works Department with information on anticipated fire flow and domestic
water requirements for the proposed site.
4.3 As Assessment fees for water and sewer service are determined during the
building plan review process Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
water and sewer mains to their current points.
4.4 In order to assure that the affected and subject area will be served
adequately by essential public facilities and services the pretreatment
required and addressed on the building permit application redlines for
obtaining City sewer service, which is required.
4.5 In compliance with the requirements of the Central District Health for
approval of appropriate proposal for central sewage and central water, as
well as approval for plans for food establishments.
4.6 Sanitary Sewer service to the proposed site could be to the existing line
installed in Magic View Drive directly adjacent to the south.
4.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant
is currently being evaluated. Approval of development to be contingent upon
City's treatment plant ability to accept the additional sanitary sewage
generated by this proposed development.
4.8 The Applicant shall be required to connect the property to Meridian water and
sewer and extend the water and sewer lines to serve the property, and
resolve how the water and sewer mains will serve the property, all of which
shall be at the Applicant's, or its successor's, or successors' cost and
expense. Said water and sewer requirements shall be performed on or
before the time that the Applicant or its successor, or successors desire to
use the property or place a user on the property.
4.9 Any existing irrigation/drainage ditches crossing the property to be included
in the project are to be tiled per City Ordinance 11-9-605.M. The ditches
which are to be piped should be shown on the site plans. Plans will need to
be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public
Works Department with no variances for tiling of any ditches crossing this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
(
project.
4.1 0 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
4.11 A land Use Change/Site Development application shall be filed for review
with the Nampa & Meridian Irrigation District with all laterals and wasteways
affected to be protected. Municipal surface drainage must be retained on
site. Any surface drainage leaving the site must be approved by the Nampa
& Meridian Irrigation District in accordance with their drainage plans. The
Developer must comply with Idaho Code 31-3805.
4.12 The stormwater run-off will be managed with appropriate Best Management
Practice.
4.13 Pressurized irrigation shall be installed and constructed.
4.14 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
4.15 Any existing domestic wells and/or septic systems within the project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
4.16 All ditches, canals, and waterways shall be tiled as a condition of annexation.
4.17 The applicant shall dedicate to the ACHD a reserved right-of-way on the
northern 108 feet of the subject property; further a landscaped berm shall be
developed in the northern 35 feet of the reserved right-af-way and which
landscaped berm shall be maintained by developer.
4.18 The proposed roadway north of the proposed Idaho Power Credit Union
needs to be dedicated as a public roadway with a stub to the west. Future
development in this area will need to have proper access to the traffic signal.
Applicant shall be responsible to install a water main within the right-of-way of
the new street along the north boundary of the proposed site. Location and
sizing of the new main should be coordinated with the Meridian Water
Department.
4.19 Developer comply with the State of Idaho Transportation Departments
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
requests that a full control area is necessary to maintain adequate traffic
operations on Eagle Road and in the vicinity of Interstate 1-84 interchange.
4.20 All development approach locations shall be in accordance with the
requirements of the State of Idaho Transportation Department.
4.21 Roadway and roadway approaches to be approved by the ACHD.
4.22 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
4.23 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4. and 11-2-414.0.5. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
(ADA) requirements.
4.24 No signage details were submitted. Detailed signage plans must be included
as part of this application for review and approval.
4.25 A developer shall comply with all life safety codes of the City of Meridian and
shall also comply with City code requirements for water supplies, sprinkler
systems, as regulated by the Fire Department.
4.26 All construction shall conform to the requirements of the Americans with
Disabilities Act.
4.27 A development agreement is required as a condition of annexation.
4.28 A roadway placed on the northern boundary of the site will also provide
potential elimination of future traffic concerns in the area.
4.29 All speaker drive-throughs to be located on the south side of the
McDonald's/Chevron fast food convenience Store.
4.30 All speaker drive-throughs to be located on the south side of the Credit Union
facility .
4.31 All signage shall be in accordance with the standards set forth in Section 11-
2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs shall be permitted. Submission and
approval of all signage plans including but not limited to pole signs, reader
boards, banners, etc., and specifically any "golden arches" type signage
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
associated with the McDonalds and any outside signage associated with the
Chevron Gas Stations. These conditions shall be in addition to the
requirements of Meridian's sign ordinance.
4.32 The development shall include an additional 20 foot buffer on the north side
of the Credit Union facility and an additional 15 feet of landscaping between
the Credit Union and the ChevronlMcDonald's facility.
4.33 The development shall include construction of a solid wood fence that runs
from the southerly boundary ot Magic View north to the 1 08 foot reserved
road right-at-way.
4.34 The Credit Union facility shall operate during normal business hours
between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends.
4.35 A minimum of 68 three-inch caliper trees will be required for the paved
square footage proposed.
4.36 Particular attention needs to be paid to lighting plans to eliminate as much as
is reasonably necessary to eliminate and/or reduce glare to neighboring
properties to the north and west, and in accordance with city Ordinance
Section 11-2-414D3.
4.37 A minimum of a 35-foot-wide landscape setback is required adjacent to the
right-ot-way of Eagle Road.
4.38 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
11-9-606.8.
4.39 Future development in this area will need to have proper access to the traffic
sig nal.
4.40 The conditional use, pursuant to the Zoning Ordinance, shall not be
transferable to another owner or lessor of the subject property or to another
property;
4.41 The applicant shall meet the requirements of the City Engineer's office, the
Planning and Zoning Administrator, Meridian Fire Department, Meridian
Police Department, Meridian Sewer Department, Central District Health
Department and Nampa & Meridian Irrigation District and other governmental
agencies submitting comments;
4.42 The conditional use shall not be restricted to a period of authorization but
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
may be reviewed annually, upon notice to the applicant, for violation of any
conditions imposed herein and other conditional use applications;
4.43 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,
the Fire and Life Safety Codes, all parking and landscaping requirements;
4.44 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
4.45 All signs must meet the requirements of the Uniform Sign Code and the
Meridian City Ordinance, in addition, flashing signs and temporary signs will
not be permitted. All signs are subject to review. In addition to the Meridian
Sign Ordinance; all signage of any type must be approved by the Meridian
City Council. Sign permits are to be obtained prior to construction. Upon
three days notice to any tenant, the City of Meridian will remove any
unauthorized signage.
4.46 Applicant will provide a screened trash enclosure per City Ordinance Section
11-2-414.A.3. The applicant shall coordinate dumpster site locations with the
City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so
as not to impede fire access.
4.47 All driveway and parking areas shall be paved, with all driveway accesses
approved by the Ada County Highway District. Graveled driveways, parking
and access are unacceptable. A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall be submitted to the City
Engineer (Ord. 557, 10-1-91) for all off street parking areas. All site drainage
shall be contained and disposed of on-site. All driveway and parking stall
dimensions shall comply with Meridian City Ordinance.
4.48 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to comply with
pretreatment requirements as determined by the Meridian Wastewater
Department, and enter into an Assessment Agreement with the City of
Meridian.
4.49 The applicant shall provide parking lot lighting plans to the Meridian Public
Works Department. Illumination of the site shall be designed to not cause
glare or adversely impact neighboring residential properties or the traveling
public, as determined by the City of Meridian.
Further, the applicant shall submit lighting plans specifically for the Chevron
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
Station. Prior approval of those plans shall be a condition to granting the
conditional use permit.
4.50 Significant changes from the site plan approved under this conditional use
permit, as determined by the Planning and Zoning Administrator, will require
re-noticing and re-hearing before the Planning and Zoning Commission and
Council.
4.51 It shall be a condition of the conditional use permit that the applicant enter
into a Development Agreement with the City of Meridian. The conditional use
permit shall not be granted or become effective until the Development
Agreement is executed and recorded.
It is therefore concluded that the conditional use permit for the subject property is in
the best interest of the City of Meridian, and it is ordered that the conditional use permit
shall be conditioned upon meeting the requirements of this Decision and Order, and if the
conditions hereinabove are not complied with by the applicant, the applicant shall not be
entitled to hook up to water and sewer nor obtain an occupancy permit or a temporary
occupancy permit unless compliance with these conditions would naturally require
temporary hook up and temporary occupancy permit in order to complete the development
as is required by this permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
APPROVAL OF ORDER OF DECISION
The City Council of the City of Meridian hereby adopts and approves this
ORDER AND DECISION.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED t/ L.--t~~
COUNCILMAN GLENN BENTLEY
VOTED
COUNCILMAN RON ANDERSON
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT C RIE (TIE BREAKER)
MOTION: APPROVED
101998-Final
VOTED
DISAPPROVED:
RECEIVED
OCT 2 0 1998
CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29
ANNEXATION AND ZONING - EAGLE PARTNERS LLC