Holy Trinity Charismatic Episcopal Church CZC 05-077
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MAYOR
Tammy de Weerd, ~' '
.CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree, r .,
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CITY HALL
(208) 888-4433 ~ Fax 887-4813
PUBLIC WORKS
F BUILDING DEPARTMENT
f (208) 887-2211 ~ Fax 898-9551
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~ +„ ~: ~ ~ LEGAL DEPARTMENT ~'
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CERTIFICATE-OF ZONING COMPLIANCE*
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Date: June 23, 2005 I '~
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Project Name: Holy Trinity Charismatic Episcopal Church
Project Address: 237 E. State?St,'Meridian {'
n
Proposed Use:'CHURCH - w/ off street Parking ~ '
Owner Applicant:- Holy Trinity Charismatic Episcopal Church, Phillip Mark Finley
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Zoning: O-T
Comments:
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Conditions of Approval: ~ The issuance of `this permit does not release the applicant from any
requirements of Meridian City Code or prior approvals issued by the :City of Meridian, VAR-
' 04`-008. ,. ~z~t ~ . , ..
Site P1an:~. The Site Plan is approved per Sheet C-1 (dated 4/05, by Design Services, Roger Graham),
3 stamped "approved" on 6/23/05, and per the full sized copies of the plan. The site plan is not
' to be altered without prior .written approval of the Planririg and Zoning Department. No
field changes to the site~plan are permitted; prior written approval~of all changes is required.
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Landscape Plan: The Landscape Plan is approved per Sheet C-2, (dated 4/05, by Design Services,
Roger Graham), stamped- "approved" on 6/23/05 per the full sized copies of the plan, with
No Changes.
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The-landscape plan,is not to,be altered without prior written approval of the Planning and
Zoning Department: No field changes to the landscape planpermitted; prior written approval-
of all material changes is required. „ '
Parkin: The parking area shall be paved and striped in accordance with MCC 11-13-4 and in
accordance with the License Agreement with ACHD and prior approval VAR-04-008.
Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces
conforms to the Americans with Disabilities_Act (ADA). Handicap accessible stalls must
have signage in accordance per ADA.
Irri ag tion: An underground,'p'ressurized irrigation system must be installed to all landscape areas per
the,specifications provided. ~ . ~ ' ,, ~ ,
Draina;;e: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully
vegetated, and shall be designed in compliance with the MCC. All sub-surface drainage
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shall be approved prior to construction by Meridian Public Works.
Protection of Existing Trees: Any existing trees on site ust be protected in accordance with the
Tree Preservation section of the City's LandscapeaOrdinance. Per Ordinance 12-13-13-4, ~ ,
coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of
protection measures prior to construction. Any severely damaged tree must be replaced in
compliance with Ordinance 12-13-13-6.
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Curbin :Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other
vehicle use areas, must be protected by curbing, wheel stops, or other approved protective
devices. Curbing may be cut to allow for storm water runoff.
Handicap-Accessibility: The structure, site improvements and parking must be incompliance with
all federal handicap-accessibility requirements.
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Li hg_ tiny: Lighting shall not cause glare or impact the traveling public or neighboring development.
Down-shield all lighting so it does not spill onto adjacent properties. ~ 3
Noise: All operations shall comply with MCC 6-3-6 and shall not create a public disturbance.
Additional screening to control potential noise and odor is recommended on the north-side of
the property. I~
Si na e: No signs are approved with this CZC. All business signs require a separate sign permit in
compliance with the sign ordinance.
Sidewalks: All sidewalks shall be constructed as shown on the approved Site Plan and iri
accordance with the Meridian City Code requirements (MCC 12-5-2.K). Sidewalks shall be
constructed prior to occupancy of the permanent building.
Trash Enclosure: All dumpsters and/or carts must be screened from view and not be visible by the
public or from adjacent properties. Trash enclosu"res must be in the location and size as
approved by SSC. P
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they
pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a
building permit. If any changes must be made to th'e site plan to accommodate the ACRD
requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning
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staff for approval prior to the issuance of a building permit.
Plan Modifications: The approved Site Plan and Landscape Plan, stamped 6/23/05 with no redline
changes, are not to be altered without prior writt n approval of the Planning & Zoning
Department. No significant field changes to the site or landscape plan is permitted; prior
written approval of all changes is required.
osep .Guenther
Associate Planner
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*This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited
to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date
of issuance if work has not begun.
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• PI:~aNNING & ZONING DEPARTMENT `~
INSPECTION "CHECKLIST
COMMERCIALICZC SITES
This checklist should be attached to the inside cover of the CZC file at ALL times.
PlannerlInspector Name: __ ~` lC~~ ~q.~c "~'~
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Project Name: CZC File No : ~~G~-t~~ C~~
Contractor/Company Name: Phone No.:
First Inspection Date: I I
Second Inspection Date: / /
Third Inspection Date: / / (NOTE: If a third inspectio is required, a fee of $60 must be
suhmitted to the P&Z Dept. be ore the inspection is done.)
Landscape Plan Checklist ~,ry ~ ~~ ~ r.,,c~ 6 r~ °~
Item Site Notes O.K. ~ '
A. Date of approved landscape plan / /
B. Street buffer /Perimeter /Buffer between land' use
1. Width of buffer (exclude
detached s/w widths)
2. # of trees
3. Caliper/size of trees
(measure 6-8 inches above
round) ~~ ~~~~
4. Species mix per plan
5. Groundcover (if seeded,
verl ermination)
6. Right-of--way landscaping
7. Verify no encroachments
(e.g. fencing, parking)
8. Berming (max. 2:1 slope;
3:1 if lawn)
C. Planters
1. Verify min. 5' b/w curbs
2. Verify min. 50 sq. ft.
3. Plantings per plan
D. Existing trees/mitigation
1. Verify existing tree(s)
retained
2. Verify mitigation tree(s)
planted
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E. Sight triangle(s)
1. Verify size/location
2. Verify height of shrubs
F. Pressurized irrigation (verify installed)
G. Stormwater area(s)
1. Less than 3:1 slopes
2. Dry creek formation (if
ap licable)
3. Max. 5 ft. dimension for
rock sump
4. Max. 2 ft. dimension for
sandlgrease grates
Site Plan Checklist
Item Site Notes O.K. ~
A. Date of approved site plan / /
B. Parking.
1. Standard stall dimensions
2. Compact stall dimensions
3. Handicap stall dimensions
4. Handicap signs/striping
5. Aisle width
6. Wheel stops (if required)
C. Trash Enclosure
1. Min. 3-sided screening
2. Constructed per plan
D. Sidewalks/Pathways
1. Verify location
2. Verify minimum width
E. Curbing
1. Installed per plan
F. Special conditions/Redlines
1. Verify any special
conditions from CZC or
redline notes on plan are
com lete
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•- Post-Inspection Checklist
Item Date Com lete
A. Incomplete? (Follow 5 steps below)
1. Obtain bid for incomplete improvements + 110%
2. Owner/contractor posts surety (cash, check or Letter of Credit)
3. Clearly print # of days the "Temp CO" is valid on card
4. Sign "Temporary" column on CO card
5. Submit check or Letter of Credit to Finance Dept. with memo
B. Complete?
1. Sign and date "Final" column on CO card
2. Notify Finance Dept. to release surety (if it was a Temporary CO)
2. Complete checklist and close file
* The only instance that a CO maybe released prior to 100% completion of improvement is inclement
weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2.
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C H D )ohn S. Franden, President ~
Sherry R. Huber, 1st Vice President ~
David i3ivens, 2nd Vice President 9
~iorwnw`~"ccl~o 5'~~ Carol A. McKee, Commissioner
Rebecca W. Amold, Commissioner
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July 19, 2005 ~. `\'~'
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To: John Delsman Plastering
1244 West Hempstead City of Meridian
City Clerk Office I i
Boise Idaho 83616
Subject: MCZC-05-077
Church ~
237 East State Street i
' d
On July 19, 2005, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required. '
tf you have any questions, please feel free to contact me at 208-387-6177
Sincerely,
Andrea N. Tuning
Planner-III
Right-of--way & Development Services, Planning Division
CC: Project file, Construction Services, Utilities
City of Meridian
Holy Trinity
621-B East King Street
Meridian Idaho 83642
Design Services
4300 Stratford Drive
Boise Idaho 83704
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Atla LQUnty Hl~hway District • 3775 Adams Street • Carden City, ID • 83714 • PH 20$-387-~1OQ • FX 345-765L~ • v~vvw.achd:ada:id:us
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~~~ Ada C®unt Iii hwa ~ District
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Right-of--Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level on Tuesday July 19,
2005. Tech Review for this item was held with the applicant on Friday July 15, 2005. Please refer to the
attachment for appeal guidelines. Staff contact: Andrea N. Tuning,,208-387-6177-phone, 208-387-6393-fax, ,
atuning(a~achd. ada. id. us
File Numbers: MCZC-05-077
Site address: e~
Southwest corner of State Avenue and 3`~ Street ~
Owner/Applicant: Holy Trinity Charismatic Episcopal Church ~
Phillip Mark Finely
621-B King Street
Meridian, Idaho 83642
Representative: Design Services & Roger P. GrahamI
4300 Stratford Drive
Borse Idaho 83704
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Application Information:
The applicant has submitted an application to the City of Meridian requesting certificate of zoning compliance',
approval to construct a 2,400-square foot church. The site is currently zone O-T. The site is located on the
southwest corner of State Avenue and 3`d Street. '
Acreage: 0.18-acres
Current Zoning: O-T
Proposed Zoning: O-T
Vicinity Map
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A. Findings of Fact.
1. Trip Generation: This development is estimated to generate 22 additional vehicle trips per day (0
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee-ordinance that is in effect at that
time.
3. Traffic Impact Study: A traffic impact study was not required with this application.
4. Site Information: The site is currently vacant.
5. Description of Adjacent Surrounding Area:
a. North: 0.12-acres zoned OT
b. South: .01 and 0.14-acres zoned OT
c. East: 0.11-acres zoned R-15
d. West: 0.16-acres zoned OT
6. Impacted Roadways
State Avenue
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
70-feet
Commercial Street
West of Main Street 1,462 on 4-8-03
20 MPH
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3'~ Street
Frontage: 120-feet
Functional- Street Classification: Commercial Street (estimated at approximately 1,500 VTPD)
Traffic count: Not Available
Speed limit: 20 MPH
Alley
Frontage: 70-feet
Functional Street Classification: Alley
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7. Roadway Improvements Adjacent To and Near the Site
State Avenue is currently improved with 2-traffic lanes with no curb or gutter and a deteriorating 4-foot.
detached concrete sidewalk.
3`~ Str t ' I
ee ~s currently improved with 2-traffic lanes with no curb or gutter or sidewalk.
The alley is currently paved.
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8. Existing Right-of-Way
State Avenue has a total of 80-feet of right-of-way (40-feet from centerline).
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3`d Street has a total of 80-feet of right-of-way (40-feet from centerline). ~~
The alley is currently 16-feet in width.
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9. Existing Access to the Site
The site does not have an existing driveway.
10.
Site History
The District previously reviewed a variance application for this site on December 30, 2004 for angled.
.parking within the public right-of-way. As a part of the approval, the District required the applicant to
:comply with the requirements of the temporary license agreement... The temporary. license agreement
requires the applicant to work with District staff to determine where the diagonal parking can be
;installed and comply with District policy 5104.3.5. The.agreement also.prohibits parking at the '
intersection of State Avenue and 3~d Street and the intersection of 3`~,Street and the alley. The.
:submitted site plan does NOT comply -with the terms of the temporary license agreement. To comply
with the terms of the temporary license agreement and meet the requirements of the certificated of
zoning compliance, the applicant shall meet all of the requirements stated within this report.
11. Capital Improvements Plan/Five Year Work Program
State Avenue and 3~d Street are local/commercial roadways. As such, they are unable to be
programmed into the District's Capital Improvements Plan.
B.
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:Findings for Consideration
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State Avenue Improvements
District policy 7202.8 and 72-F1A; requires roadways abutting commercial developments to be
constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of~;
right-of--way.
The applicant should construct State Avenue as one half of a 40-foot street section with . L
vertical curb, gutter and 5-foot concrete sidewalk within the existing right-of-way.
2., 3~d Street Improvements
The applicant is proposing to construct angled parking on 3`~ Street. The District does not prohibit
angle parking, but does have,some concerns with it. The concerns with on street angle parking
include:
• Who will maintain the angle parking and the striping?
.Who will be responsible if an accident were to occur
;If the`applicant is proposing to construct angled parking on 3~d Street. The applicant should provide a
minimum of one half of a 65-foot street section within the existing, right-of-way. The 65-foot street
section should be constructed with vertical curb, gutter and a 5-foot attached concrete sidewalk. This
street. section will allow 15-feet for the on street angle parking stall, 7.5-feet of back up space and a
10-foot travel lane. The applicant should also obtain a license agreement from the District to maintain
and stripe the on=street parking. The applicant should also provide,the District with a hold harmless
agreement for the angle parking. The applicant should construct bulb outs at the corner of State
Avenue and 3~d Street and at the corner of the alley and 3`d Street. The applicant should provide a
minimum of an 18-foot curb radius for the bulb outs. * Parking will be prohibited 50-feet from any
intersection (measured curb line to curb line) so the bulb outs should be constructed to provide this.
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Another Option:
if the applicant chooses to not construct angle parking on 3~d Street, the applicant should construct 3~d
Street as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk
within the existing right-of-way. ~
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3. Alley
District policy 7204.1.0.1 requires the dedication of additional right-of--way to obtain a minimum width ~
from the centerline of the alley of 8-feet fro residential uses and 10-feet for all other uses. i
District Policy 7204.10.1 states if the proposed development is not a single family detached residence
and it takes access from an alley, the developer will be required to pave the entire width of the right- ~ r
of-way from the nearest public street to and abutting the development.
Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be
designed so the minimum clear distance from the back of the parking stall to the opposite side of the
alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet
from the nearest public street.
District Policy 7204.10.3 states a minimum of back-of--curb radius of 15-feet is required at all alley i
intersections. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15-
feet when it is impractical to remove existing obstructions. ~ '
• The applicant is proposing to provide perpendicular parking off of the alley. The alley is
currently paved abutting the site. The applicant should reconstruct the 3`~ Street/ Alley ~ '
intersection to provide a minimum of back-of-curb radius of 15-feet. The applicant should ~ {
provide a minimum clear distance from the back of the parking stall to the opposite side of the
alley of 22-feet. Any access to an alley shall be located a minimum of 25-feet from the nearest
public street.
C. Site Specific Conditions of Approval ~
1. Construct State Avenue as one half of a 40-foot street section with curb, gutter and 5-foot concrete
sidewalk within the existing right-of-way.
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2. Construct 3~d Street as a minimum of one half of a 65-foot street section within the existing right-of-
way. Construct bulb outs at the corner of State Avenue and 3~' Street and at the corner of the alley
and 3~d Street to prohibit parking any closer than 50-feet from the intersection. Provide a minimum of i
an 18-foot curb radius for the bulb outs. Obtain a license agreement from the District to maintain and ',
stripe the on-street parking. Provide the District with a hold harmless agreement for the angle
parking.
OR
Construct 3~d Street as one half of a 40-foot street section with curb, gutter and 5-foot concrete
sidewalk within the existing right-of-way.
3. Reconstruct the 3~d Street/ Alley intersection to provide a minimum of back-of-curb radius of 15-feet.
4. Provide a minimum clear distance from the back of the parking stall to the opposite side of the alley of
22-feet. Any access to an alley shall be located a minimum of 25-feet from the nearest public street.
5. ;Comply with aIF Standard Conditions of Approval.
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D. .Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way. II
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old- are not allowed unless approved in writin b ,
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the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. i
5. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans. i
6. 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.
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7. 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. ~ 9
8. Payment of applicable road impact fees are required prior to building construction in accordance with l
Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the~applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall- repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking w
ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
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10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicanf or the applicant s authorized representative and an authorized representative i
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.
11. 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 ~I
time the change in use is sought.
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E. Conclusions of Law ~
1. The proposed site plan is`approved, if all of the Site Specific and Standard Conditions of Approval arse
satisfied. ~'
2. ACRD requirements are intended to assure that the proposed use/development will not place an ~ t
undue burden on the existing vehicular and pedestrian transportation system within the vicinity ~ ~
impacted by the proposed development.
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Attachments ~
1. Vicinity Map '
2. Site Plan
3. Appeal Guidelines
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Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the I d
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error '~
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual. ~,
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged ~~
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision,
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisionsi
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a;
written argument in support of the appeal. The Commission shall not consider a notice ofl
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shah have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify.
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
~.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agendaµat a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
i
I a3
V
_~ ~ ~
CITY OF MERIDIAN
Planning'& Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone / (208}888-6854 Fax
CFRTTFTC'ATR (lF 7,nNTN(~ CnMPT.TANC"F (C"7,C"1 APPT TC'ATTnN
(Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME: ~Ly ~/,c117z-t ~ ~f2/S i'j'l~77C~ ~~/S e~~~ C~v~c~'
APPLICANT: ~ /~~ ~ ~iS 1Y1~ ~(~S ~/~ ~~~
ADDRESS: ~~~ ~• ~~~5~~~',~ ~~P(k!
PHONE: -~~ ~~9~ gb F~Ax: g39-g 0~3 E-MAIL: '--
OWNER(S)
ADDRESS:
PHONE: o2r4 g 021 ~p FAX: ~3~ ~ I~ E-MAIL: Q.Y -~ ('-C CC, d /Q1 4 ^
~~ `iJ
ARCHITECT (IF DIFFERENT THAN APPLICANT). ~~) ~~ S~iI/L~ ; 1 ~(? ~~, ~ ~~./~•j~yl
ADDRESS : C ~~Q ~ ~e~,~ 6U ~! ~t~ ~ I cS ~ /U 0 ~ ~d~ , i
PHONE: ~~3 - FAX: E-MAIL ~
3a~~~"
ADDRESS, GENERAL LOCATION OF SITE: ~ ~ 5~~~ / ~
TOWNSHIP, RANGE, AND SECTION:_I~.~~x)5/-J~ t3 ~DP77~_ ~i~~ I ~lf,CTT, y~i77l~jc,)
DESCRIPTION OF USE: ~~~~
;. :; -.. ~
I }
PRESENT ZONE CLASSIFICATION: L,D lJ
I, ~G'~_~jSrn~ , do hereby affirm that I will agree to pay any additional sewer, water or trash
fees or charges, if any, associated with the use that I/we have applied for, whether the use be residential, commercial ~
or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is ~
true and correct.
(Applicant's Signature) (Date)
i
1 Rer. 11.%03103 ~
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STATE OF IDAHO )
COUNTY OF ADA )
AFFIDAVIT OF LEGAL IN~ST
I, ~~ ` arm ~r~~l 3 ~~ ~ ~ ~C. S~e~~~
~y In.c l5 /.S~ C`iui~l~ (address)
"~ being first duly sworn upon
~~'1~1 f~~'l ~~ oath, depose and say:
(~itY) (~~)
l . That I am the record owner of the property described. on the attached, and I grant my
permission to:
(name) (address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless
from any claim. or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property, which is the subject of the application.
- Dated'this d/v ~ a day of ~U ~~ , 2005
i ~ 1 -~
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
\~~~~~~F,GCA ~; FO~yF ii
;: ~OTARy t
*' ~.~ S*
':_ PUBLIC :~ .
~ -_. __
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Notary lic Idaho
Residing a ~~
My Commission Expires: Z CJ
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_ IR;RI'~ATION PERFOI7-MANCE -SiI"ECIFICATIONS
PER ORDINANCE 12-13-8
NOTE: submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZC).
Project Name: ~~U / t lt1 l.t~t (,~/1~./'IS/1(~1'~~ ~/ SC4~d~
Specifications:
Available Gallons per Minute: ~.2-~~.~
Available Water Pressure: '~ ~ S^ /
Point of Connection (describe and/or submit a site plan): ~ 5/~ ~ Jam
~ Primary Connection:
~ Secondary Connection:
Landscape Area: If the irrigation system is hooked to City water as a primary or secondary
water source, submit the square footage of landscape areas to be irrigated: 3 19 ~ s.f.
B ackflow Prevention
A backflow prevention device must be installed as required by City Ordinance 9-3.
Coverage
The irrigation system must be designed to provide 100% coverage with head to head spacing
or triangular spacing as appropriate.
Matched Precipitation Rates
Sprinkler heads must have matched precipitation rates within each control valve circuit.
Irrigation Zones
Sprinkler heads irrigating lawn or other high water-demand areas must be circuited so that
they are on a separate zone or zones `from those imgating trees, shrubs, or other reduced-
water-demand areas.
OverspraX
Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as
sidewalks, driveways, and ,parking areas.
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Additional Irrigati4l~INotes: ~ 1
I
Irrigation Required '
All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an
automatic underground irrigation system. Additional requirements affecting pressurized irrigation
systems can be found in City Ordinance 9-1-28. ~,
Irrigation Water Source 1
Use ofnon-potable irrigation water is required when determined to be available by the City Public ,
Works Department as regulated by City Ordinance 4-1-28. If city potable water is used, a
separate water meter is recommended so the owner can avoid paying sewer fees for irrigation
water. Potable water shall not be used as a primary irrigation water source on non-residential lots
with more than '/2 acre of landscaping. Year round water availability is also required by i
connecting to city potable water or an on-site well as a secondary source.
I
, I
Certification. 16 ,/, (~ , ~~SI7~~ '
I, ~ ~/ l ~! T y`.'~ ~n ~ , do hereby affum that any irrigation system installed
for the project mentioned above will b designed and installed in compliance with the specifications and
notes stated in this form.
~~ Q~
' 'cant's Signature Date
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ADA COUNTY RECORDER J. DAVID NAVARRO ~ li i
'BOISE IDAHO 0311?J04 04:43 PM
DEPUTY Bonnie Oberbillig 1~~ I~~I~~'I'I~~'~I~~~~I~~~~"~~~ I ~ 1~~
RECORDED-REQUEST OF
Tiiie One 1 ~~~~~~~`
AMOUNT 18.00
PERSONAL REPRESENTATIVE'S DEED
~~ i
t
THIS INDENTURE, made this j2 day of March, 2004, by and between
TRESCO of Idaho, by and through its Secretary, KATHLEEN R. SEIDEMAN, ~
C
Personal Representative of the estate of RAY E. MARTIN and HELEN F.
MARTIN, deceased, Grantor, of Boise, Ada County, "Idaho, as evidenced ~ by the i
I
attached Exhibit "A", Letters Testamentary and Acceptance, issued by they Fourth
Judicial Court, State of Idaho, Ada County, Case No: SP IE 0300168M and HOLY
i
TRINITY CHARISMATIC EPISCOPAL CHURCH, the Grantee, whose ~ current
~ I
address is 621-B King Street, Meridian, Idaho 83642.
WITNESSETH: t
~ ~
That for value received and other good and valuable consideration, ~ the said
'~
Grantor has granted and conveyed- and by these presents does hereby grant and
~ ~
convey unto the Grantee, its heirs, successors and assigns, all the right, title, interest
.=and estate of the said deceased, RAY E. MARTIN and HELEN F. MARTIN,
. i
however held or evidenced, as well as all the right, tifle, interest and estate which has ~ '
i
since accrued by operation of law or otherwise to the estate of said decedent since
his/her death is and to the following described premises in Meridian, Ada County, ~~ '
Idaho, located at 237 East State Street, Meridian, Idaho, and more particularly
f
described to-wit:
F
AS DESCRIBED IN THE ATTACHED ~ ' ~
d
WARRANTY DEED CONSISTING OF ONE
PAGE, AND MARKED AS EXHIBIT "B". E
s ~ ~ '
PERSONAL REPRESENTATIVE'SDEED -- Page 1 I ~
~~.
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TO HAVE AND TO HOLD the above-described real property and
f {
tenements together with the appurtenances unto said Crrantee, its heirs and `assigns
_ ',a
forever. C
k
IN WITNESS WHEREOF, the said Grantor has caused this De id to be
i ~
..executed the day and year first above written. !
ri _ .
..~
;,
. 'STATE OF IDAHO )
ss.
County of Ada )
TRESCO of Idaho
By and through its Secretary,
KATHLEEN R. SEIDEMAN
I
On this ~~ day of March, 2004, before me, a notary public rtin and for said
r
State, personally appeared TRESCO of Idaho, by and through its S~ cretary,
KATHLEEN R. ,SEIDEMAN, Personal Representative of -the Estate of the late RAY
E. MARTIN and HELEN F. MARTIN, known to me to be the Personal
Representative of the estate of RAY E. MARTIN and HELEN F. MARTIN,
deceased, and acknowledged to be that she executed the same as such O i cer and
Personal Representative.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
_.~
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-~ '~ ~~ ~ : ~` #: Notary Public for Idaho
• ,~®
A ~ ®°®~U ~ ~, " Residing at ~~,~ ` ~~Idaho
~~~~' ~ My Commission Expires: ~~~s~'~ ~~
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PERSONAL REPRESENTATIVE'S DEED - PagC 2
~ + ~s
LET~`ERS 'TES'TAMENTARY AND ACCEPTANCE - 1 ~~~~-il~~ ~ _ ,
g:~shared\8082.0001Vetters testamentary and acceptance.wpd
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. ~ , ,~
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Loren C. Ipsen, ISB No. 1767 V. ~""''
lci@eiamburke.com - t t- ~~~.
Valerie N. Charles, ISB No. 6505
vncC elamburke.com ~° ~~~'"~` ~1
-SLAM & BURKE, P.A. ~~ " , ` ~~ ~yx"
251 East Front Street, Suite 300
Post Office Box 1539
Boise, Tdaho 83701-1539
Telephone: (208) 343-5454
Facsimile: (208) 384-5844
E&B File No. 8082-0001
Attorneys fur Mary Kay Cope
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
In the Matter of the Estate of )
RAY E. MARTIN and HELEN F. )
MARTIN, husband and wife, )
):
)
" ~ Deceased. )
CASE NO. SP IE 0300168M
LETTERS TESTAMENTARY
AND ACCEPTANCE
(LC. §§ 15-3-602 and 15-3-702)
Tresco of Idaho, Inc., is hereby appointed personal representative of the estate of Ray E.
Martin and Helen F. Martin, deceased, with all authority pertaining thereto. Administration of
the estate is unsupervised. All prior Letters of Administration are hereby revoked. Tresco of
Idaho, Inc., shall not be required to examine the, acts or accounts of the prior personal
representatives and shall not be liable for any acts or onussions of such prior personal
representatives. Subject the power of the Court to extend, amend, or otherwise modify the
Letters Testa~~aentar}r,upon the petition of any party interested in the estate or the personal
'~t .s
LETTERS 'T'ESTAMENTARY AND ACCEPTANCE - 1 ~~;~~~ ~ _ ~,
g:\shared\8082.0001\letters testamentary and acceptance.tivpd
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representative, the appointment of Tresco of Idaho, Inc., as personal representative shall be ~ w
effective for a periodAof 120 days from the date of issuance of these Letters.
. ~ ,
These Letters are issued to evidence the appointment, qualification and authority of the
personal representative.
t
WITNESS: JOHN DUTCHER, Magistrate of the District Court, County of Ada, State of ~
f' ,
Idaho, with the seal of the Court affixed thin -`=? day of ~`c.-~ , 2004.
I
~~N L~U 3 f~~-~~~ I
MAGISTRATE ~
cou~rv o~ a;i„~ ~ ss' ~ I
I, J. Oa>.~~i Alt<.~~?~!., GR~ k. ,;i ti%v t?{ in Ccvd tf S`b Fr~xfh
~b3~:9) ~'!~,i.'f! CC "i`~ ~'`f,'i~ u! iC.:: '.i, !:1 81[t~ }~Y YJ u:'.:i~~t~ I
h r,~-, t ' ~ ~ t ~~ i~ ~ it .. fft)
fK.:if'SiI irl±r lLL' ... .,., ,..~ ...: ,B i::`'~ G `~?. {~t t:~;,!=c:u
- W!YE!'~'VY-, f J _3 `..=~, atl'J i~. U ~ t'y ;
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LETTERS TESTAMENTARY AND ACCEPTANCE - 2
g:\shared\8082.0001\letters testamentary and,acceptance.wpd
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A
ACCEPTANCE
STATE OF IDAHO )
ss.
County of Ada ) t
The undersigned hereby accepts appointment to the office of personal representative of
the estate of Ray E. Martin°and Helen F. Martin, deceased, and does solemnly swear to perfot~n,
according to law, the duties of personal representative of such estate.
TRESCO OF IDAHO, INC.
By
A. Wesley Setdeman, President
P.O. Box 140616
Boise, Idaho 83714-0616
Telephone: (208) 866-4303
SUBSCRIBED AND SWORN to before me~-this ~' `may of February, ?004.
,PNN B~Y~,
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~~~~,
NOTARY PUBLIC FOR IDAH
Residing at ~,~fx~c~
My Commission Expires ~--/ -O ~
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LETTERS TESTAMENTARY AND ACCEPTANCE - 3
g:~shared\8082.000llletters testamentary and acceptance.wpd
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2683816526 - -r~yTr~RESCO OF ~O WES FHuE 03/ E~
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WARRANTY DEED-
.For Value Received JOHN PRESCOTT, also known as J, H. PRESCOTT,
and NANCY M, PRES~OTT, husband and wife,
the grantor s, do hereby giant, bargain, sell and convey unto RAY E . MARTIN and
HELEN F. MARTTN, husband and wife,
the grantee s, the following described premises, to-wit:
Lot 5, EXCEPT the West 21.5 feet, .and all of Lot 6 in $Lock 4,
Cottage Home Addition to Meridian, according to the plat
.thexec-,f.,_-da-led in Book°-1 of Plats at page 42, records of Ada
County, Idaho.
ALSO EXCEPT the West 10 feet of the East 28'~ feet of Lot 5,
Block 4, said Cottage Home Addition to Meridian.
Together with all water, water rights, ditches and ditch
rights of way appurtenant thereto•ar connected therewith,
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees;'-'
their heirs and assigns forever. Arnd the said Grantors do hereby covenant to:and
with the said Grantee s, that they are the owner s in fee simp)e of said premises; that''said
premises are free from all incumUrances
and that f$e y wil) warrant and defend the same from all )awful rlaims whatsoever.
llated:
August 12th. 1968. r
/
~-~~~12 ~ ~~=
`
/
{
.~"~
111~h0, COUNTY OF ADA
STATE OF STATE OF IDAHO, COUNTY OF ~slc/
1
On this 22 day of August . 19 (~$ I hereby certify th~ this instrwnent was filed for record at
bcfore,ne, a notary public in and for said State, personally the request of ~,{ ~ ~ .~
w
appeared at /~jr'"~ minutes past y o'clockQ m.,
JOHN PRESCOTT, also known as J. H. thi3 ~ bl day of '`~?~ ,
PreSCOta~,; :and NANCY M, PRESCOTT, IJ 7S , in my office, and duty recorded in Book /
I~LId wife
husban~ of Deeds at page
„
knnwr~,pb?~cie~o 'fig pexson..8 who Se names are
sub~;l}yCd.to the ~y}~~h xnstrumenl, and acknowledged to
•
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t•'WR~~ A ~{j~~i
k ;.
. ex uteri the name.
nle~ia t{~ gF Ex-Odicio Recorder
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By-~~~' ~~""-'~~
Notary Public
Reefging u~; ~t ~r d]:aII , fdaho
15
19'70
~ Feea $I~ ~ Deputy.
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MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234/fax 895-0390
Parks & Recreation
11 E. Bower Street
888-3579/fax 898-5501
Planning & Zoning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
suite 200
898-5500/fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 /fax 887-1297
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2235 N. W. 8th Street
888-5242/fax 884-1159
February 28, 2005
s
Mark Finley
Holy Trinity Charismatic Episcopal Church
5770 North Dalspring Avenue
Boise, ID 83713
Re: VAR 04-008 Order of Approval for Variance for Holy Trinity
Charismatic Episcopal Church
Dear Mr. Finley,
Enclosed you will find a copy of the above mentioned document as
regards to your project pending with the City of Meridian.
Please feel free to contact our office with any questions at 208-888433.
Sincerely,
Tara Green
Deputy City Clerk
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C[TY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 ~' ~
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CITY CLERK-FAX 888-4218 I-IUMAN RESOURCES-FAX 884-8723 FINANCE & UTILITY BILLING-FAX 887-4813 b1AYOR'S OFFICE-FAX 884-g]l~
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
y In the matter of the request for a variance from Meridian City Code 11-13-1 [A] to allow ~ ~
off-site parking along N. Third Street, in the O-T Zone for 237 E. State Street, by Holy
Trinity, Charismatic Episcopal Church. ,
Case No: VAR-04-008
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For the City Council Hearing Date of: January Z5. Z005 '
A. Findings of Fact
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1. Hearing Facts ~ ,
a. A notice of a public hearing was published for two (2) consecutive weeks prior to ~
the City Council public hearing, the first publication appearing and written notice ~
mailed to property owners or purchasers of record within three hundred feet (300') ~ r
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week G
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the January 25, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions h ~~
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit'evidence. ~ ' ~
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for ~ 4
oral testimony). ~ f~
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., c. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in`this matter. ~ ~
2. Process Facts
t a. There has been compliance with all notice and hearing requirements~set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts ~
a. In addition to the application and property facts noted in the staff report and- the
Planning & Zoning Recommendation for the subject~application(s), it is.hereby ~
I
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ° i
CASE NO(S):VAR-04-008 - PAGE Iof4 t
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verified that the property owner of record at the time of issuance of these findings is ~-
Holy Trinity Charismatic Episcopal Church. ~ ~
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4. Required Findings per Zoning and Subdivision Ordinance
a. SeesExhibit B for the findings required for this application. '
B. Conclusions of Law •
1. `The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503). r
,{
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and "
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all ~
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian,,,which was
adopted August 6, 2002; Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
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4. Due consideration has been given to the comment(s) received from the governmental i
subdivisions providing services in-the City of Meridian planning jurisdiction. `'
4
5. It is found public facilities and services required by the proposed development will not 1
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which 1
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
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7. That this approval is subject to the Legal Description in Exhibit A. ~~
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C. Decision and Order i
Pursuant to the City Council's authority as provided in Meridian CityCode § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby i
ordered that:
1. The applicant is hereby granted a variance to MCC 11-13-1(A) Parking and Loading
Spaces Required, in the O-T Zone to allow for ten (10) on-street parking spaces along
N. Third Street and three (3) off-street parking- spaces to fulfill the requirements of `
MCC 11-13-5(B).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).VAR-04-008 -PAGE 2 of 4
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D. Notice of Final Action and Right to •Regulatory Takings Analysis
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1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
` ~, with the City Clerk not more than~twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed..
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~~~ 2. Please take notice that this is a final~action of the governing-body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person,being a person who has+ ~~
an interest. in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) day`s after the date of ~ ~
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho ~ # ,
Code.
E. Exhibits°
Exhibit A: Deed and Legal Description
Exhibit B: Required Findings for Variance ~ I
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T By,action of the City Council at its regular meeting held on the t/ ~~ day of 1 ' 1
ate. , ~6dzK Zoos. I .
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COUNCIL MEMBER SHAUN WARDLE VOTED_~~~
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COUNCIL MEMBER CHRISTINE DONNELL VOTED ~
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COUNCIL-MEMBER CHARLIE ROUNTREE VOTED_~y~~c..
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t. COUNCIL MEMBER KEITH BIRD VOTED_~~ti- '
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MAYOR TAMMY de WEERD VOTED ~~ r ~
(TIE BREAKER)
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~~ Mayor T y ~ ~Azeer
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k CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).VAR-04-008 -PAGE 3 of 4 ~ ~-
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Attest: ~~~~~ ~`~~',,
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William G. Berg, Jr., City ler -~ !$~
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Copy served upon Applicant, The Plan' Ii~artment,
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and City Attorney.
BY~ .lLR n. 1 Dated: 2 -18 -05
City Clerk's Office
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' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).VAR-04-008 -PAGE 4 of 4
Public Works Department
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' EXHIBIT A
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Holy Trinity Charismatic Episcopal Church +
VAR-04-008
Legal Description
Lot 5 and 6 in Block 4 of COTTAGE HOME ADDITION TO MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN Book 1 of Plats at `
Page 42, Records of Ada .County, Idaho. '
EXCEPT the West 21.5 feet of Lot 5. +
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ALSO EXCEPTING the West 10 feet of the East 28.5 feet of Lot 5.
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EXHIBIT B
W ; aHoly Trinity Charismatic Episcopal Church
VAR-04-008 3 b
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Required Findings for~Variance ,
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According to Ordinance 11-18-1, Variances;'`the Council may authorize in specific cases
a variance from the terms of either the Zoning or Sulidivision,Ordinance.'Specifically, the
Ordinance lists the following Findings (MCC11=`l 8.3),~all of which must be determined
before granting a variance: ~ e
"A. That there are such ~s`pecial ` circuistances or conditions affecting the
property that the strict application of the provisions of this Title would
c5learly be impracticable or unreasonable; ~ ~~ ~ " k' Y'
Staff recognizes that most parcels located in the O-T district were not originally
platted anticipating non-residential uses in the future. When the subject properties
on this area`of Meridian were originally configured, in 1897'with`'the'Cottage
Home Addition to Meridian, the lots were 50=feet wide and 1'20=feet deep.These
dimensions`are not very conducive to providing off-street parkingAfor non-
residential uses. With the amount of frontage this 'site has on Pine Avenue (68-
feet), the City-would recognize three (3) cars being able to~ park in front of this
site (see MCC 11-13-4.F). ~~
Hours of operation are during non-traditional business hours (Sunday mornings
and Wednesday evenings) when demand for on-street parking spaces in the; . ~-°
downtown`area is low. Staff finds that the proposed use is aloes-impact use and
that the requested reduction of off-street parking stalls will not significantly
affect the other properties in the general- vicinity. Staff finds that requiring the
construction of twelve (12) off-street parking stalls on this site is impracticable
due to the existing dimensions of the property (68-feet wide by "`120-feet long)
and- available on-street parking in this area. Further, staff believes that
eliminating landscaping in this area to accommodate parking in the front yard
would be detrimental to the overall feel and appearance of the Old-Town district.
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of
unusual topography, the nature or condition of adjacent development, other
physical conditions or other conditions that make strict compliance with this
Title unreasonable under the circumstances, or that the conditions and
requirements of this Title will result in inhibiting the achievements or the
objectives of this Title;
It is simply impossible to provide twelve (12) off-street parking stalls on this
site, due to the dimensions of the subject parcel. The City has adopted goals,
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objectives, and policies that support mixed uses within the Old -Town district. If
off-street parking be strictly required for all properties in Old Town, staff
believes that a majority of the properties would be restricted to a residential-only
use and would not redevelop. Staff generally supports the redevelopment of the
smaller, older lots in the original Meridian Township, as these conversions
allow for a more vibrant downtown area. Staff finds that strict` compliance with
the City's parking requirements on this site would result in an extraordinary
hardship to the developer due to the circumstances surrounding this property
mentioned in the previous finding. Further, staff finds that enforcing the
conditions and requirements of the off-street parking ordinance will inhibit the
objectives of allowing .Old Town to be a mixed use area.
C. That the granting of the specified variance will not be detrimental to the
pubiic's welfare `or injurious. to other property in the area in which the
property is situated;
Staff anticipates that the variance will not be detrimental to the public's welfare
or injurious to other properties in the area. Further, the Council has granted
parking variances to .properties with similar situations within Old Town, and
staff is unaware of any harmful impacts from. these parking variances. Staff
recommends that the Council reference any written or oral testimony provided at
the public hearing,`as well as staff s analysis, when determining whether or not
the surrounding properties may be negatively affected by granting a variance.
D. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan."
Staff finds that the issuance,of a variance for reducing parking standards to allow
the redevelopment of a small piece of property in Old Town will not have the
effect of altering the purpose and/or interest of the Zoning Ordinance or the
Comprehensive Plan.
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Ada County Highway Distric
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John S. Franden, President 3775 N Adams Street '
David E. Wynkoop, 1st Vice President, r~t ' „~ ,, a ,- Garden City ID 83714 I
Susan S. Eastlake, 2nd Vice President Phone (208) 387-6900 ~
Sherry R. Huber, Commissioner .FAX (208) 387-6391 i
David Givens, Commissioner E-mail: tellus@ACHD.ada.id.us
June 14, 2004 ~ ~ '
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Holy Trinity Charismatic Episcopal Church
Rev. Phillip Mark Finley -
5770 N Dalspring Ave - ~ '
Boise, Idaho 83713 -
Dear Mr. Finley:
The License Agreement to use and maintain a portion of 237 State St was considered and i
approved by the Ada County Highway District. ~ ~ t
Enclosed is your copy of License Agreement #0731-1412-0604. Please use this number in all..
future correspondence regarding-this matter.
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Sincerely,
ADA COUNTY HIGHWAY DISTRICT
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Jennifer Likes
Ada County Highway District
Enclosure
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Highway is as defined in Idaho Code § 40-109(5)) Licensee's Authorized. Use is
subject to the rights of the public to use the Right-of-Way for 'Highway
purposes. Licensee's Authorized Use is' also° subject to the rights of holders of
easements of record or obvious- on inspection of the, Right-of-Way and statutory rights
of utilities to use the public right-of-way. This Agreement it is not intended to, and shall
not, preclude or impede the ability of ACRD to enter into other similar agreements in the
future allowing third parties to also use its public rights-of-way, or the ability of ACRD to
redesign, reconstruct, ,relocate, maintain and improve its public rights-of-way and
Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
SECTION 3. CONSTRUCTION, INSTALLATION OF .IMPROVEMENTS. Any
construction and/or installation by Licensee of improvements, including, without
limitation, buildings, fixtures and landscaping (the "Improvements"), on, over, across
and under the Right-of-Way shall be accomplished in accordance with designs, plans
and specifications approved in advance and in writing by ACRD as required to satisfy
applicable laws, its policies and good engineering practices. In approving such plans
and specifications, ACHD assumes no responsibility for any deficiencies or
inadequacies in the design or construction of the Improvements, and the responsibility
therefor shall be and remain in Licensee.
SECTION 4. TERM.
4.1 The term of this Agreement will commence on the 14 day of
JUNE- 2004, and will continue until terminated by either party, with or without
cause, which termination shall be effective following THIRTY (30) DAYS advance
written notice of termination given the other party.
4.2 If Licensee defaults in the performance of any obligations incumbent upon
it to perform hereunder ACHD may terminate this Agreement and the rights extended to
Licensee hereunder at any time, effective at the end of thirty (30) days following the
date ACRD shall provide written notice of termination to Licensee, which notice shall
specify such default(s). Licensee shall have such thirty (30} day period to correct and
cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD,
this Agreement shall not be terminated but shall continue in full force and effect.
SECTION 5. FEE. Throughout the term of this Agreement, Licensee agrees to pay
ACHD an annual fee for the Authorized Use of the Right-of-Way of $ WAIVED ,
payable in advance. If this license is terminated under section 4 prior to the end of the
period paid for in advance, ACRD agrees to refund the unearned prorata portion of
such prepaid fee.
SECTION 6. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES.
6.1 At its sole cost and expense, Licensee shall maintain the Improvements in
good condition and repair and as required to satisfy applicable laws, the policies of
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LICENSE AGREEMENT -Page 2
(5/16/02
A:~237 State license agr:doc
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ACRD and sound engineering practices. Licensee shall have access over, across and ~ ~ ~
under the Right-of-Way for the purposes of accomplishing such repair and ' ~
maintenance. ~ ~' ',
6.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a ~
result of: ~
(i) the performance by Licensee of the maintenance required by section 6.1,
or the failure or neglect to perform such maintenance; and/or
(ii) Licensee's design, installation or use of the Improvements, regardless of
cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore
the Highway and the surface of the Right-of-Way to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification thereof, ACRD may proceed to
do so, in which event Licensee agrees to reimburse ACRD for the costs and expenses
thereof, including, without limitation, reasonable compensation for the use of staff and
equipment of ACRD.
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6.3 Notwithstanding the provisions of section 6.2, should an emergency exist
related to the Licensee's use of this license which threatens the stability or function of
the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, '
ACHD shall have the right to immediately perform, on behalf of, and at the cost of
Licensee necessary emergency repairs. ~
6.4 Licensee will be responsible for the relocation of any existing utilities
located on the Right-of-Way as may be required in connection with any construction or
installation of Improvements by Licensee in the Right-of-Way.
SECTION 7. RELOCATION OF IMPROVEMENTS: If during the term of this
Agreement ACRD requires, in its sole discretion, at any time, and from time to time, that
the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned,
redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for
all costs for relocating, modifying or otherwise adapting the Improvements to such
realignment and/or relocation and/or reconstruction if required by ACHD, which shall be
accomplished by Licensee according to designs, plans. and specifications approved in
advance by ACRD in writing; provided- Licensee may elect to terminate this Agreement.
in lieu of complying with this responsibility, and further provided ACHD gives Licensee
adequate written notice as necessary to allow Licensee to redesign, relocate, modify or
adapt the Improvements to the realignment and/or relocation and/or reconstruction of
W the Highway and also licenses Licensee such additional area of its right-of-way, if any,
as may be necessary for the proper operation of the Improvements.
LICENSE AGREEMENT -Page 3
(5/16/02
A:~237 State license agr.doc
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SECTION 8. PERMIT. If the proposed construction and installation of the ~
Improvements, or any reconstruction, relocation or maintenance thereof requires
Licensee to obtain a permit under ACRD policies, Licensee shall first obtain such permit ~ }~ ,,
from ACRD (Construction Services Division) before commencing such work,. and pay ,
the required fees and otherwise comply with the conditions set forth therein.
SECTION 9. NO -TITLE IN LICENSEE. Licensee shall have no right, title or interest in
or to the Right-of-Way other than the right to temporarily use the same pursuant to the
terms of this Agreement.
SECTION 10. NO COSTS TO ACHD. Any and all costs and expenses associated with
Licensee's Authorized Use of the Right-of-Way, or any construction or installation of
on or the re air and maintenance thereof, or the relocation of
Improvements there P
Improvements or utilities thereon, or the restoration thereof at the termination of this
Agreement, shall be at the sole cost and expense of Licensee.
SECTION 11. TAXES AND ASSESSMENTS. Licensee agrees to pay all special
assessments and- personal property taxes that may be levied and assessed on the
Improvements during the term of this Agreement.
SECTION 12. RESTORATION ON TERMINATION. Upon termination of this ~
Agreement, Licensee will promptly remove all Improvements and restore the Right-of-
Way to at least its present condition. Should Licensee fail or neglect to promptly
remove-the Improvements and restore the Right-of-Way, ACRD may do so, and assess ,
Licensee for the costs thereof. Provided, ACRD and Licensee may agree in writing that
some or all of such Improvements are to remain on the Right-of-Way following
termination, and by entering into such an agreement Licensee thereby disclaims all ~~
right, title and interest in and to the same, and hereby grants such Improvements to
ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under
this Agreement is for landscaping in ACHD right-of-way and the irrigation and ~
maintenance thereof, and the general purpose government with jurisdiction has
adopted ordinances, rules and regulations governing the landscaping and maintenance '
of such right-of-way by owners of the adjacent property, to the extent such owners are ~
obligated to maintain and irrigate the landscaping Licensee need not remove the same i
from the Right-of-Way. ~ i
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SECTION 13. INDEMNIFICATION. Licensee hereby indemnifies and holds ACRD
harmless from and against ~ any and all claims or actions for loss, injury, death,
damages, mechanics and other liens, arising out of the failure or neglect of Licensee,
Licensee's employees, ,contractors and agents, to properly and reasonably make ~ `I
Authorized Use of the `Right-of-Way or properly construct, install, plant, repair- or
maintain the {mprovements thereon, or that otherwise result from the use and- I
occupation of the Right-of-Way by Licensee, and including any attorney fees and costs ~ '
that may be incurred by ACHD in defense of such claims or actions indemnified against ~ a
by. Licensee hereunder. For claims or actions arising out of failures or neglects
LICENSE AGREEMENT -Page 4
(5/16/02
A:~237 State license agr.doc
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occurrin during the term of this.Agreement Licensee's .obligations.. pursuant to this
9
section shall survive the termination of this Agreement.
OHIBI
SECTION 14. COMPLIANCE WI I H-.~vv- vvr1~ ~ ~.-~~~~ ~--~-- -
In connection with Licensee's use of the Right-of-Wayl to d observe entail respects
Agreement Licensee covenants and agrees to: (i) comp olicies, rules and regulations,
any..and all,'federal,~state`and'local statutes, ordinances, p edestrian safet ,'the Clean
thoserelating to traffic and p y
including, without limitation,
Water Act and/or to ;the presence, use, generatiozardous Matelsa sa(defiriedraseany
disposal'in, on or under the Right-of-way of any Ha material or
substance or material defined or designaf deralhstate or localoenyironmental statute,
substance, or other similar .,term, °by-any, -~ ~ ~ `
re ulation or. occurrence presently-in~-effect or that may beACHD loatandyi otherf unuteof
g p royals required by
(ii) obtain any and all ermits and app
government; and (iii) commit ~no;.waste~ or allow rid yh`oldsACHD harmlesis hf om sand
Licensee covenants and .agrees to Indemnify a
against any and all claims, demands, damages, liens, liabilities and expenses (Including
without limitation, _reasonable attorneys' fees), oin Ineovienaln or The etlcovenantsnshall
way connected with the breach of the foreg 9
survive the termination of this-Agreement.
N'15. ASSIGNMENT. Licensee cannot sell assign or otherwise tra'risfer~this
SECTIO
A reement, the license herein extended, or any of its rightsranted un essxthe ass g'nee
9
prior written consent of ACRD, which consent will not e g
assumes all obligations, warranties, _covenants~:and agreements. of .,Licensee herein
contained.
SECTION 16. ATTORNEYS' FEES. °In any suit, a~tlonbe enptledtto recoveroitsnco is
or interpret this Agreement, the prevailing party s
incurred therein, including reasonable attorneys' fees:
ECTION 17. NO ~CE~ Any notice under this .Agreement shall bb in bi nor prtl ate
S '~ ostage prepaid, o y p ~ ~,
delivered in person, or by United States Mans, p
24-hour overnight courier service (so long as su n c confematiodesAll (notices shalltibe
orb facsimile verified by electro
of delivery), Y
addressed to the party at the address set forth below.or at 5uch~other addresses.as t e
parties may from. time to time direct in writing by notice given the other. Ahree (3) days
actual delivery or refusal, (b)
be deemed to have been given on (a)
following the day of deposit in the United States ,M lectronica l ao f'~medyivery to the
overnight courier, or (d) the day facsimile delivery, is e Y
If to ACRD: Ada County Highway District
3775 N Adams Street
Garden City,'Idaho 83714
Attn: Right of Wajr Division
LICENSE°AGREEMENTr--Page 5
(5/16/02
A:~237 State license agr.doc
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If #o Licensee:
Holy Trinity Charismatic Episcopal Church
Rev. Phillip Mark Finley
5770 N Dalspring Ave
• Boise, Idaho 83713
(208) 939-1520
SECTION 18. SUCCESSORS AND ASSIGNS. This Agreement, the license herein
extended, and the covenants and agreements herein contained shall inure to the
benefit of and be binding upon the parties hereto and their successors and, if
consented to by ACRD under section 15, Licensee's assigns.
SECTION 19. EXHIBITS. All exhibits attached hereto and the recitals contained herein
are incorporated herein as if set forth in full herein.
SECTION 20. NO RECORDATION. This Agreement shall not be recorded in the
Official Real Property Records of Ada County, Idaho.
SECTION 22. Warranty of Authority to Execute. ~
22.1 The person(s) executing this Agreement on behalf of ACRD represent(s) ~
and warrant(s) due authorization to do so on behalf of ACRD, and that upon execution ~~
of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the
benefit of, ACRD.
22.2 if Licensee is not a natural person, the person(s) executing the Agreement
on behalf of Licensee represent(s) and warrant(s) due authorization to do so on behalf
of Licensee, and that upon execution of this Agreement on behalf of Licensee, the
same is binding upon, and shall inure to the benefit, of Licensee.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above. ,
ADA COUNTY GHWA RICT
and an , R' t of Way Supervisor ~ I
HOLY TRINITY CHARISMATIC ,
EPISCOPAL CHURCH ~ I
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/4[~ ~~ /~ ' /'N~~. dtJ }--lit,, ~ ~
Rev. Phillip ark Finley ~
EXHIBITS:
Exhibit "A"-Description and depiction of Right-of-Way
LICENSE AGREEMENT -Page 6
(5/16/02
A:~237 State license agr.doc
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EXHIBIT "A"
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Agreement allowing the. mailbox in the right-of-way. This removes th
District's liability for damages resulting from the mailbox.
5104.3.4 Non-regulatory Signs and Nuisance Signs or Lighting
Non-regulatory signs, such as "Neighborhood Watch" signs shall be
placed according to current District standards. Any signs that are a
sight obstruction or a hazard to vehicles, bicyclists, or pedestrians,
must be removed. Any illumination that creates a traffic hazard muse
be shielded, removed, or otherwise properly mitigated.
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5104.3.5 Parking Investigations
The District will investigate concerns related to parking and place and
maintain parking controls for traffic safety and .operations. Where the
motivation for traffic controls is related to business, aesthetic,
nuisance, or social concerns; the District -will encourage the general
purpose government to place and maintain parking controls according
to an inter-agency agreement.
When the general purpose government will not take this responsibility,
the District will place signs. This will be at no cost in residential areas i
or small lot retail areas for segments in full-blocks, when 75% of the ~
adjacent property owners agree. For changes in this full-block posting
or small lot condition, the District will place signs according to the
wishes of the property owner. The property owner must pay the cost
of installation and maintenance. Parking controls may be time of day,
limited time, or full time but will not give preference to certain i
individuals, such as residents. Tow away signs will be reserved for>~~
issues related.to traffic safety.
Diagonal Parking on Public Streets
Requirements for consideration 1) diagonal or perpendicular on-street
parking is common in area; 2) existing activities have no feasible
possibility of accommodating demand by obtaining adequate parking
by off-street parking and para11e1 curb parking; 3) a hold harmless
agreement is .prepared and executed by the proponent of the parking,
and indicate that the diagonal parking may be required to be removed
at the discretion of the Ada County Highway District.
Design Guidelines (45° Parking)
Minimum
Street Typical Dimension
Type
Wid
h
Buffer' Stall
Centerline or
t Dimension Lane Line to Curb
Face
Arterial. 12' 15-20' 15' 42-47'
Col- 11' 10-15' 15' 36-41'
lector
Local 10' 5-10' 15' 30-35'
Revised July 19, 1995- 51 - 18
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