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Tranquility Ponds RZ 00-009JA cJTY CLERK FILE CHECKLIST Project Name: Tranquility Ponds File No. RZ-00-009 Contact Name: Jeff or Holly Reid Phone: 368-833- 33 Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: January 4, 2000 Transmittals to agencies and others: December 1, 2000 0 Notice to newspaper with publish dates: 15 -Dec -01 and 29 -Dec -00 0 Certifieds to property owners: December 14, 2000 i Planning and Zoning Commission Recommendation: Approve ❑ Deny Notes: City Council Level: Transmittals to agencies and others: ® Notice to newspaper with publish dates: Certifieds to property owners: ❑ City Council Action: Hearing Date: r91 b l 0 1 h � (� n I and 1 L 01 ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: _ ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. ❑ Approved by Council: Resolution No. ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: _ ❑ Copies Disbursed: Notes: Resolutions: Original Res / Copy Cert: Minulebook Copy Res / Copy Cert: City Clerk Cay Engineer Cay Planner Cay Attorney Sterling Codifiers Project File Copy Res 1 Original Cert: Ada County (CPAs) Applicant (nomCPAs) RecordedOrdinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer city Planner Project file Applicant (if Opp[) Findings I Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record Vacation Findings Recorded Development Agreements: OriginatFiieproof File Copies to:Appkcant Project file Cay Engineer Cay Planner City Attorney MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project. E. 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Your Concise Remarks: Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department r0%k CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 PROPOSED NAME OF SUBDIVISION:y ) GENERAL LOCATION: FF ErVED N O V 16 2000 CIT# "1% ItIDIAN PLANNING & ZONING TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Ccfc (m ac Q I ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: PROPOSED LAND USE: PRESENT ZONING DISTRICT: ^16 ` C) n R—'( \, PROPOSED ZONING DISTRICT: A+ � APPLICANT: ADDRESS: FILE Z -00-0i ENGINEER, SURVEYOR, OR PLANNER: ' i x',r�NE ADDRESS:' - OWNER(S) OF RECORD*: _ Jeff & HONY Reid PHONE:z1- we 30210 NE Spud Mtn- Road ADDRESS: Camas, WA 9W07 Signature of 4t *Annexation may require entering into a development agreement as a condition of annexation. Current owner must execute agreement and/or offer explanation of change in ownership and timing for same. Jeff & Holly Reid 30210 NE Spud Mt. Rd. Camas, WA 98607 833-2083 To City of Meridian Planning and Zoning, We want to change the zoning of the property we own (see copy of warranty deed attached) tax ID S1107223268. It's located on the southwest corner of Fairview and 3rd Street. The Realtor listed the address as 227 E Fairview, Meridian, Idaho. The legal description is Lot 1 of CHAPIN SUBDIVISION NO. 2, according to the official plat thereof, filed in Book 11, of Plats at Page 646, records of Ada County, Idaho. Description of present land use is vacant with no improvements. Description of proposed land use is to improve the street appeal with a new building for retail use, sidewalks and extensive use of landscape material. Present zoning district is R-8. Proposed zoning district is CO. We own Tranquility Ponds Inc. which is the nations largest pond supply company. We carry pond, waterfall, fountains, and a variety of home improvement items. We have stores in Washington, Oregon, and Nevada. The collected tax revenue for Idaho would be significant. For example Sales tax collected and paid to Washington Dept. of Revenue for one store in Vancouver, WA was $35,119.50 from 1/1/2000 to 9/30/2000. We would bring very beautiful street appeal to Fairview with a brand new building and beautiful landscape and sidewalks. Jeff & Holly Reid 30210 NE Spud Mt. Rd. Camas, WA 98607 833-2083 The harmony of zoning this CG would tie in perfectly with the surrounding businesses on Fairview. This rezoning relates well to the City of Meridian Comprehensive Plan because Fairview is an arterial street and this property has great road frontage with many existing businesses nearby. Thank you for your time in reviewing our application for new zoning. Sincerely, Jeff & Holly Reid (Husband/Wife) N rileZSIU es Date v'J rey 9 -LO ( t VQ ) Date 1 Iily Re State of Washington County of Llct 4C J Signed or attested before me on by ­�e r aKj Notary bli nd for the State of Wa. ?� ' o, My appointment expires AFFIDAVIT We, Jeffrey J. Reid and Holly Reid (husband and wife) of 30210 NE Spud Mt. Rd, Camas, Washington 98607, being duly sworn, do hereby declare: We have read the contents thereof and the information contained therein is true and correct in the rezoning application submitted with this affidavit The property will be posted 1 week before the public hearing This affidavit is made for the purpose of Rezoins Lot 1 of Chapin Subdivision No 2 according to the official plat thereof, filed in Book 11, of Plats at Page 646 records of Ada County, Idaho Sworn to before me on October 19, 2000. Notary Public: }i� lyLAQ--�- C� State of Washington County of l Signed or attested before me on �Q / by qna4 - r- e ke t 4 Notary VubIVR aM for the State of Wa. My appt)intment expires NOV-13-2000 12:04 PM TRANQUILITY.PONDS 360 833 1553 P.03 Order No.: A000434�p ADA COUNTY RECORDER .1, DAVID NAVARRO PnISr, IDAHO 2000 SP 21 PM 3, 36 REcaRTITLZ0 ,�sT of FEEOEPUTY 100075594 CORPORATION WARRANTY DEED For Value Received BODINE OIL CO., INC., an Idaho Corporation A Corporation duly organized and existing under the laws of the State of IDAHO hereby Grant, Bargain, Sell and Convey unto JEFF REID and HOLLY REID, , HUSBAND & WIFE, Whose current address is: 30210 NE SPUD MOUNTAIN RD., CAMAS, WA 98607 The following described real estate, to wit: Lot 1 of CHAPIN SUBDIVISION NO. 2, according to the official plat thereof, filed in Book 11, of Plats at Page 646, records of Ada County, Idaho. EXCEPT that portion deeded to the State of Idaho for highway purposes. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. The Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said premises; that it is free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, Including irrigation and utility easements, (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and where the context so requires, the singular includes the plural, and the masculine, includes the feminine and neuter. IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed. Dated: 09/19/00 ODINEDIL CO. N MARVIN R. BODINE, It's Pftsident STATE OF IDAHO COUNTY OF ADA ON THIS 19TH DAY SEPTEMBER OF 1N THE YEAR 2000. BEFORE ME, THE UNDERSIGNED, A NOTARY PURL.TC IN AND FOR SAID STATE PERSONALLY APPEARED MARVIN R. BODINE, KNOWN TO ME TO BE THE PRESIDENT OF TITS CORPORATION THAT EXECUTED THIS INSTRUMENT AND THE PERSON WHO EXECUTED THE INSTRUMENT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HERUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR IN TIiIS CERTIFICATE FI E WRITTF,N. 6COpr * O SCOTT DARLING N. RFSTDING AT:EAOLE, IDAHO 20 �IrC�� b = MY COMMISSION EXPIRES ON: 11/28/01 OA ��AHo _*�`' ZO'()9L, ....... 99'266 M 00-82'005 ............. ....................... aw. 0 0: W L) .... ..................................... .......... ................. ................ _ ................ ............. ................ Z1. < 3 00-Z"O N .... ... ... womm momm momm mome NONO NONE .0000 MWEN INEW NINE EVEN WINE lmmq momm somm mommi gEEO EEEg EEEg EEEq EEEg SEEN "m All I ... ............ ............. ...... ............ :�: ....... . ...... ......... .................... ... ..... ................................. ..... I ...... .......................... I ... ­ ..... : ......... ................. I .... � I ... ................... .......... .............. ....................... ................. ..... .................. ......................... .................. ............. ....... 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Legal Description For Rezoning Lot 1 Chapin Subdivision No. 2 .-1k A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No. 2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00" East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88050'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3rd Street; thence leaving the southerly right-of- way line of Fairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00007'00" West a distance of 141.21 feet; thence leaving the westerly right-of-way line of East 3`d Street and along the south boundary line of said Lot 1, North 89050'00" West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8,990 square feet or 0.21 acres, more or less. TIE 731 , ov coo, Land Surveying Services 1401 Shoreline Drive, Boise, Idaho 83702 • 208.363.0058 fax 208.363.0800 4k, Cl N) NJ C:) L4 L.4 CA LW N) CD CE) lir , Ki C4 i0 N )205.54 9 V, V� O cn 63.20 62.20 10.00 (n 158.00 58.00 56.00 84.00 C) %0 s 0"5-15 w 0 t -i 1p Na L„ L� M co CA CA K) 104 NJ Ln (A '.4 00 0 0 0 U) ra 60.00 W, Ij b. O 74N 60.00 1 0 m 0 �j Nul t1i 0w N3 INA, 0) co C3 6 -4 V O 4D to N3 CD LA K) Pli 0 LA no L" 0 K3 IL 60.66 158.00 158.00 1 500-27,34 W 295.48 6S.00 ........... ........................ ............. ........ . .............. . 00: .... ............................... ........... ........ ............ ......'ter ........... vait: a�wrrri 09 /J, LA C> o i (A A C) CD ...... cr) OCD3 �j Uj m C4 cn CD K3 6 . .. ... ... ... cl... ... O rn 13 6601 OD05 LA ......... .. .... .................. ...................... .... ............. ......... ...... ................ ....... .............. ....................... ............... .... .. .... .. ...... . ............. .. . ...... .. ......... ....... ................. ................ ........ .......... Emit Ewa No" ma N 00-07-00 E 963,54 ........................................ .................... • ................................................. . ........... .......................... ...... ................................ ............ .... ...... ............... .... .................................. ........... ............ . ...... ........... ...... .. . . .......... ............ ...... ...... ........... ............ /j' V .................................. ..................... ........ ...... . ................ .......... 500-18-00 w 997,36 260.07 Parcel name: LOT1 North: 4843.9003 Line Course: N 00-07-00 E North: 4983.6300 Line Course: N 88-50-35 E North: 4984.9227 Line Course: S 00-07-00 W North: 4843.7130 Line Course: N 89-50-00 W North: 4843.8991 LOTISUM.txt East : 9999.6821 Length: 139.73 East : 9999.9667 Length: 64.02 East : 10063.9736 Length: 141.21 East : 10063.6861 Length: 64.00 East : 9999.6864 Perimeter: 408.95 Area: 8,990 sq. ft. 0.21 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0044 Course: S 74-09-34 E Error North: -0.00119 East : 0.00421 Precision 1: 92,945.45 Page 1 NOV-13-2000 12:27 PM TRANQUILITY.PONDS Tranquility Ponds, Inc. 10211 NE Fourth Plain Rd. Vancouver. WA 98862 0 Oft—) voce. QII �S kcI )�Q �-L 360,,$33 1 853 P.02 ' 1 FILE No.853 10%14 '00 19:01 ID:CENTURY-2cl-1ST-PLACE LT.?'T 00° 90/60 EwI1 M FAX:2083768140 PAGE 3 .-., $? TO',£ 84: NO I .OQ1 i r. Ll • rl b O 4� c ,.re: �! � 'e ° I •'`tea a �- �y. �S w C a7 kY 1.0091 w I w 17 j n z w 4 � ly Ih W ig Vo S� - k �I dy 40 j ar = 14�V M I yy� s a � S . b F s r � • ` . a i •� t., Y� - n�u oe`. Yid'4-cam+ „ -•Y� � �°, Lo ai-i�?�.y. % D Q M yr !' � 0 + O 9 F 1'� Y _ ♦ � t r� Y` !�. V� ■ t i. Q � Y y�i h s Y � E i « J 9 S Y Y :. f• i� i F� H C r N M i Q ' gi g V y "U - ±+ Y Y • �; *S; E'wi Yrs�i' ►. � !'.I 41 rare L] �; E a� S- •Vh XYl-E�-ar•" •-..y_ ,°,RC �:` +yr ' 0. _ az W W �� Y�Y"� � a.±• •:�:v+Yi �r��y h"r#=�: `�+ �~�'����° i} Wii"i}'u L4 Liyq�iti vw nJ iFE a�yi rM L7 ! G.e� i ° -4 Y# +r� �' r F7 `-yy�i *�}v�:r^4��. r t.. �- � y ". . iF L+ i ..a} E z �.N+ �7 �•w g. N• Y N • Y h. �+s O. 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Ll • rl b O 4� c ,.re: �! � 'e ° I •'`tea a �- �y. �S w C a7 kY 1.0091 w I w 17 j n z w 4 � ly Ih W ig Vo S� - k �I dy 40 j ar = 14�V M I yy� `oy � r �I dy 40 j `oy s a � S . b F s r � m Va Y• � � Q M M $lyLAQ A' YI : S 6BID )w act 1e leeu t V zoo •d 8ZIO-212-807:131 109 l,loos '1 OV i 0: Z I (G?W 10 .qrl- '�: TRANQUILITY PONDS PROPERTY OWNERS WITHIN 300' ROETTO KENNETH A & LINDA M PO BOX 477 MERIDIAN ID 83680-0000 216 E FAIRVIEW AVE BODINE MARVIN R & BODINE ARLENE M PO BOX 116 MERIDIAN ID 83680-0116 210 E FAIRVIEW AVE 207 E FAIRVIEW AVE TEL CAR INC PO BOX 414 MERIDIAN ID 83680-0� 220 E FAIRVIEW AVE T j N DEVELOPMENT 5000 CALIFORNIA AV BAKERSFIELD CA 93309-0000 300 E FAIRVIEW AVE LUBEAT INC 1406 E 1 ST ST STE 204 MERIDIAN ID 83642-1746 360 E FAIRVIEW AVE tiIARLER KENNETH D 400E FAIRVIEW AVE MERIDLA,N ID 83642-1738 ROSS RALPH D & LOREN D ETAL PO BOX 155 MERIDIAN ID 83680-0155 407 F. FAIRVIEW AVE MOORE TERRY A & MOORE CHERYL M 225 E FAIRVIEW AVE NfERIDIAN ID 83642-1766 GARDOSKI WILLIAM & GARDOSKI EILEEN 1620 02 ND ST MERIDIAN ID 83642-0000 CHERRY LANE APARTMENTS LLC 1475 N COLE RD BOISE ID 83704-8537 302 GRUBER AVE DUNBAR WILLIAM j & DUNBAR PATRICIA 4600 GINZEL BOISE ID 83703-0000 1602 E 01ST ST PAYLESS DRUG STORES NW INC PO BOX 8431 HARRISBURG PA 17105-0000 1600 E 01ST ST Jeff & Holly Reid a 30210 NE Spud Mtn. Road Camas, WA 98607 - CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 customer s Order No. Date Q- 25 -Cb Name f Address Phone: SOLD BY �f C.O.D. CHARGE Y ON ACCT. MDSE. RETD. PAID OUT LSU �Z z C , 33 ;'2 7 9Z Asa. d jr-LA017J4 14 /7 f xz 0/ I I All claims and returned goods MUST be accompaniedbythis bin. TAX @012388 Byceived TOTAL 7 i �Z GS -202-2 C PRINTED IN U.S.A. J veixreo wrtx (` n SOYINK JGIQI1R� ptU i\ll�io g� •' JEFF �, HOLLY REM 30210 NE SPUD MOUNTAIN RD. ^ 4185 CAMAS, WA 98607 9a-8337/3233 � 1ICit _ _.�. Security features ®Details on back. SCHOOL"EMP1j0YEES CR DIT UNION CLARK COUNTY P.O. BOX 1739 - 6-6 -3441 " VANCOUVER, WA 9866 J'� nom, n �_� �P � i:3 233833781: 803004 13 Silo 185 0 DESIGNER CHECKS - COUNTRY CHURCHES JEFF & HOLLY REM 30210 NE SPUD MOUNTAIN RD. 4155 CAMAS, WA 98607 5;:,.'3 T 1?) 98-8337/3233 s SCHOOL EMPLOYEES CREDIT UNION CLARK COUNTY P.O. BOX 1739 - 206-695-3441 VANCOUVER, WA 98668 - 1:3 233833781: t,3 DESIGNER CHECKS - COUNTRY CHURCHES Security features - - ®Details on hack. I li NP 80 300 4 13 Silo 4 1 5 5 FEB -24-2001 02:51 PM TRANQUILITY.PONDS 360 833 1853 3cc, c Ql -xc�s .� .-pis � �� .� .�.�._� 3�x A�hsp'` �,n �p..��c�pCkO3 ic &An (4A,c 9,5 P. 01 ZO-d 2981 c£, 092 Tranquility Ponds, Inc. 10211 NE Fourth Plain Rd. Vancouver, WA 98662 SQNOd ' hl I -1 I nONOdll Wd T S : ZO T 00Z-bZ-a3d BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .25 ACRES FOR PROPOSED TRANQUILITY PONDS LOCATED ON THE SOUTH SIDE OF FAIRVIEW AVENUE, AT THE INTERSECTION OF FAIRVIEW AND E. 3'D STREET, MERIDIAN, IDAHO JEFF AND HOLLY REID / POTTER LAND SURVEYING, Applicant. 02-06-01 Case No: RZ-00-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .25 acres having come on for public hearing on February 6, 2001, at the hour of 6:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and she appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, before the City Council, the first publication appearing and written notice having been FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZ100-009) 1 no mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing 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 February 6, 2001, 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 §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, 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. 4. The property is approximately .25 acres in size. The property is generally located on the south side of Fairview Avenue, at the intersection of Fairview and E. 3rd Street, Meridian, Idaho and is described as follows: A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No. 2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY.- JEFF AND HOLLY REID / POTTER LAND SURVEYING / (117"0 009) -2 East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88050'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3'd Street; thence leaving the southerly right-of-way line of Fairview Avenue and along the westerly right-of-way line of East 3r' Street, South 00007'00" West a distance of 141.21 feet; thence leaving the westerly right-of- way line of East 3`a Street and along the south boundary line of said Lot 1, North 89050'00" West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8.990 square feet or 0.21 acres, more or less. The owner of record of the subject property is Jeff and Holly Reid, of Camas, Washington. 6. The Applicant is Jeff and Holly Reid, Camas, Washington. 7. The property is presently zoned as R-8, and is vacant. The Applicant requests the property be rezoned to C -G_ 9. The proposed site is surrounded by commercial uses and an apartment complex zoned R-40. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 12. The Applicant proposes to develop the subject property in the following manner: a retail home and garden development. 13. The Applicant's requested rezoning of the subject real property as C -G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZ00.009) -3 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-11for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.8 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZ-00-009) -4 follows: 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendation of Planning and Zoning and Engineering staff as 15.2.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 15.2.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. 15.2.8 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 15.2.4 Staff recommends that a Development Agreement not be required for this application. 15.2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 15.2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.2.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.10Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RU0.009) -5 the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.2.11Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 15.2.12Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 15.2.13Applicant shall locate any driveways on Third Street a minimum of 50 - feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point SO -feet beyond the edge of pavement. 15.2.14Any existing driveways on Fairview Avenue shall be closed. 15.2.15Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 15.2.16As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. CONCLUSIONS OF LAW The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1998, Ord. No. 629, January 4, 1994. S. The requested zoning of General Retail and Service Commercial District, (C -G) is defined in the Zoning Ordinance at 11-7-2 K as follows: (C -G) General Retail and Service Commercial District. The purpose of the C -G District is to provide for commercial uses which are customarily operated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO GG BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / WA0-009) -6 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, and shall not constitute strip commercial development and encourage clustering of commercial development. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. follows: 7. § 11-6-1 ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RU0-009) -7 adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZ00-009) maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .25 acres for construction and development of a retail home and garden development is granted, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY. JEFF AND HOLLY REID / POTFER LAND SURVEYING / (RZ00-009) -9 The following special terms and conditions of use and development relate to this application to -wit: follows: Adopt the Recommendation of Planning and Zoning and Engineering staff as 2.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 2.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. 2.8 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 2.4 Staff recommends that a Development Agreement not be required for this application. 2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 2.10 Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / W 00-009) -10 recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 2.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 2.18 Applicant shall locate any driveways on Third Street a minimum of 50 - feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point 30 -feet beyond the edge of pavement. 2.14 Any existing driveways on Fairview Avenue shall be closed. 2.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 2.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to(C-G) ^General Retail and Service Commercial District (Meridian City Code § 11-7-2 K) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / aW0-009) 11 Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ROLL CALL By action of the City Council at its regular meeting held on 1-a_atZo COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 2 --2a — O MOTION: APPROVE ISAPPROVED: VOTED Elm VOTED VOTED VOTED - VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. "Arn"Mor" B /u Da FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RUO -009) February 1, 2001 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Potter Land Surveying ITEM NO. �3 REQUEST Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds - East 3rd Street and Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached P&Z Item Sheet See attached Recommendation See attached Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Ada Cottntv _RiV4waV 2)ijti,t o O C+')7+k Q+roof Judy Peavey -Derr, President n City, Idaho 83714-6499 Dave Bivens, Vice President Garde Phone (208) Marlyss Meyer, Secretary o6100 387 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tell us(cDachd.ada_.id. us January 3, 2001 Jeff & Cathy Reid 30210 NE Spud Mountain Road Camas, WA 98607 Re: Staff Level Approval MRZ —00-009 Facts and Findings: s/w/c of Fairview Avenue/East 3`d Street RECEIVED JAN - 8 2001 CITY OF MERIDIAN Rezone A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest corner of Fairview Avenue and East Third Street in Meridian. B. The application and site plan stamped as received by Meridian City on November 16, 2000, and submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4. Locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. Pave the driveways to their full -required width to a point 30 -feet beyond the edge of pavement. Any existing driveways on Fairview Avenue should be closed. 6. Construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. Page 2 MRZ-00-009.sla 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387- 6170. Sincerely, Aairy S e Planni g and Development Supervisor cc: Project file City of Meridian Chron Page 3 MRZ-00-009.sla 1S 1S � 3 w d LL O O O O O co 0 O M 50-] O O M e_ E::'•i ^ o LO 9E' Al 00.8(00 S 3 VU.b y LG 86'S6Z M 6E ZZ -00 S 00'85 00'85 QQ o N O o � to I al LnO 0 00 N M y GL N � �o N r7 ay r' O f\ O . tn N KI N N O Q1 o n 00 N n O t0 to I 65'SOL O O N Q1 M N l!� N .- N N 14 C I ^ N tp N (Y. N '• M•.. •. N o 00'09 ry VU.b y 86'S6Z M 6E ZZ -00 S 00'85 00'85 QQ o O o N al LnO 0 00 m � �o r7 ay r' O . o N N KI N N O O o n 00 N t0 to O O ry O N N .- N O to C14 N N o 00'09 ry a w 0 0( N ^� N 00'09 0 CO LU ON 0 3 N V) O N p� O V N L O N m NN -0N pi N m O ^ w r 00'95 00'95 N00'851 51`5£`005 0 N OZ'Z9 0ZT9 N 000[1 o .- to m M Ln M m Qt u0i O LM N N O N �� O O O ti] K n O h O v N a M M h M N N N N O N N N N N N i 3 r O N O 6 r, N O n O t7 c n O ^ ,a v ^ I N N N N ry all at L ^Vll:,�QJ� c.r 0 ZqM VM 'Jonnoou9A 'p -d Meld yVnoi 3N L LM -oul 'epuod ANIInbueil January 2, 2001 RZ 00-009 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT Potter Land Surveying ITEM NO. 12 REQUEST Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds East 3rd Street and Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY See attached comments See attached comments CITY POLICE DEPT: No Comment CITY FIRE DEPT: CITY BUILDING DEPT: MFD will not have a problem with this Rezone J CITY WATER DEPT: CITY SEWER DEPT: 1"g , No Remarks No Comment SANITARY SERVICE, INC: More review needs to be done on the container size, volume etc. MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: Contacted: See attached comments No objections to this proposal No comment on the Rezone for this proposed Project (y MYY­° Date: 11'2.) I U ( Phone: 3u o — Iv Materials presented at public meetings shall become property of the City of Meridian.�! `f MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician 4 Steve Siddoway, Planner l---- v LEGAL DEPARTMENT (208) 288-2499 - Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 December 29, 2000 Re: TRANQUILITY PONDS - Request for Rezone of 0.25 Acres from R-8 to C -G Reid/Potter Land Surveying. (File RZ-00-009) .kcl", Df � 2 City 9 zona City 1e k'epd'aa by Jeff & ffi6y We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is generally located on the south side of Fairview Ave. at the intersection of Fairview and E. 3rd Street. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Tel Car Paging and Burger King are across Fairview Ave, zoned C -G. South — Cherry Lane Apartments, zoned R-40. East — Ponderosa Paint & Wallcovering, split -zoned R-8 & C -G. West — Rocky Mountain Collision Repair, zoned R-8. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. Sanitary sewer and water mains exist adjacent to the proposed site. Applicant shall be responsible for the extension of service lines in the site from the existing mains. The proposed use will allow for orderly expansion of the city limits, as this is an infill parcel. 4. If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. RZ40,� Tranquility Ponds.RZdoc HUB OFTRCASURE VALLEY MAYOR A Good Place to Live Robert D. Corrie CITY OF MERIDIAN QTY COUNCIL MEMBERS 33 EAST IDAHO Ron Ammon em MERIDIAN, IDAHO 83642 K6t Bird Keit h (7-08) 888-4433 • FAX (208) 887-4813 Ta d City Gedc Office Fax (208) 888.4218 Cherie McCandless MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician 4 Steve Siddoway, Planner l---- v LEGAL DEPARTMENT (208) 288-2499 - Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 December 29, 2000 Re: TRANQUILITY PONDS - Request for Rezone of 0.25 Acres from R-8 to C -G Reid/Potter Land Surveying. (File RZ-00-009) .kcl", Df � 2 City 9 zona City 1e k'epd'aa by Jeff & ffi6y We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is generally located on the south side of Fairview Ave. at the intersection of Fairview and E. 3rd Street. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Tel Car Paging and Burger King are across Fairview Ave, zoned C -G. South — Cherry Lane Apartments, zoned R-40. East — Ponderosa Paint & Wallcovering, split -zoned R-8 & C -G. West — Rocky Mountain Collision Repair, zoned R-8. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. Sanitary sewer and water mains exist adjacent to the proposed site. Applicant shall be responsible for the extension of service lines in the site from the existing mains. The proposed use will allow for orderly expansion of the city limits, as this is an infill parcel. 4. If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. RZ40,� Tranquility Ponds.RZdoc Mayor, Council and f..,� December 29, 2000 Page 2 5. The submitted Concept Plan is not approved with this application and must be revised extensively to meet ordinance requirements. For example, ACHD will not allow the lot to have vehicular access off of Fairview; the plan does not meet street buffer requirements; no handicap -accessible parking is provided; and the stall/drive aisle dimensions appear to be less than minimum requirements. It appears that the proposed structure may be too large for the lot to accommodate the other required elements (parking, landscaping, trash enclosure) and will need to be redesigned. 6. Staff recommends that a Development Agreement not be required for this application. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. RZ-00-009, PP -00-025 Tranquility Ponds.RZdoc _ PcEMED DEC 2 9 2000 CITY OF MERIDIAN r January 3, 2001 Jeff & Cathy Reid 30210 NE Spud Mountain Road Camas, WA 98607 Re: Staff Level Approval MRZ —00-009 s/w/c of Fairview Avenue/East 3rd Street Rezone Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest corner of Fairview Avenue and East Third Street in Meridian. ` B. The application and site plan stamped as received by Meridian City on November 16, 2000, and submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pen -nit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right -of --way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Page I MRZ-00-009.sla 2. Construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 3. Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4. Locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. Pave the driveways to their full -required width to apoint 30 -feet beyond the edge of pavement. F MOM 5. Any existing driveways on Fairview Avenue should be closed. �Y mow' 6. Construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: r 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshiu or inequity The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pen -nit (or other required pen -nits), which incorporates any required design changes. Page 2 MRZ-00-009.sla 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. f` 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing ,., fi and signed by the applicant or the applicant's authorized representative and an authorized S1g'PY; representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACED Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file City of Meridian Chron Page 3 MRZ-00-009.sla U) 0 Z O a _J E5 a Z Q F -- W Q _W _cc Q LL LLL 0 0 0 0 0 M O O O M V) 3 Ln L0'09ZC6 9£'266 M 0"1-00 S •,.. _ ............................................................:.:.:; ......................... L4 LO j. 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NYE JULIE KLEIN FISCIER PHILIP A. PETERSON Wm. F. GIoRAY, III ERIC S. ROSSMAN BRENT J. JOHNSON TODD A. RossMAN D. SAMUEL JOHNSON DAviD M. SwARTLEY LARRY D. MOORE TERRENCE R. WHITE" Wn.LiAM A. MORROW NICHOLAS D. WOLLEN WHLIAM F. NICHOLs* *Also admitted in OR ** Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AvE., SUrrE 31 POST OFFICE Box1150 1VM=iAN, IDAHO 83680-1150 TEL (208)288-2499 FAx (208) 288*2501 E-MAM: @WPPMO.COM January 16, 2001 NAMPA OFFICE 5700 E. FRANKLIN RD. SUITE 200 NAMPA, (ID(AHO 83687-8420 FAXTEL(3208))466-9272 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED JAN 18 2001 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the'City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legg��'ible) the Position Statement if you disagree with the Findings and Recommendations of the Plaruung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The cop will be resented to the Mayor, Council, Planning and Zoning Administrator, Public WorZcs and the CC ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very tr�Iyoprs, City Attorney's Office ly/ BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .25 ACRES FOR PROPOSED TRANQUILITY PONDS POTTER LAND SURVEYING, Applicant Case No. RZ-00-009 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately .25 acres in size. The property is generally located on the southside of Fairview Avenue, at the intersection of Fairview and E.3rd Street, in Meridian. 2. The owner of record of the subject property is Jeff and Holly Reid, of Camas, Washington. 3. The Applicant is Jeff and Holly Reid, Camas, Washington. 4. The property is presently zoned as R-8, and is vacant. 5. The Applicant requests the property be rezoned to C -G. 6. The proposed site is surrounded by commercial uses and an apartment complex zoned 'R-40. 7. The subject property is within city limits of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOUR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF Sz HOLLY REID/POTTER LAND SURVEYING 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 9. The Applicant proposes to develop the subject property in the following manner: a retail home and garden development. 10. The Applicant's requested rezoning of the subject real property as C -G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendation of Planning and Zoning and Engineering staff as follows: 1.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 1.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. 1.3 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 1.4 Staff recommends that a Development Agreement not be required for RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF & HOLLY REID/POTTER LAND SURVEYING this application. 1.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 1.10 Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 1.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDMSION BY JEFF & HOLLY REID/POTTER LAND SURVEYING 1. 13 Applicant shall locate any driveways on Third Street a minimum of 50 - feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point 30 -feet beyond the edge of pavement. 1.14 Any existing driveways on Fairview Avenue shall be closed. 1.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 1.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. ZAWork\M\Meridian\v eridian 15360N17ranquility Pond RZ0WRZ009Tranquilitympd RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF & HOLLY REID/POTTER LAND SURVEYING January 2, 2001 RZ 00-009 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT Potter Land Surveying ITEM NO. 12 REQUEST Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds East 3rd Street and Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See attached comments See attached comments No Comment MFD will not have a problem with this Rezone No Remarks No Comment More review needs to be done on the container size, volume etc. See attached comments No objections to this proposal No comment on the Rezone for this proposed Project Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CrIY COUNQL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless �'B OFTRE4SURE VALLEY A Good Place to Lave CITY OF MERIDIAN MEMORANDUM: 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 City Qerk Office Fax (208) 8884218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 To: Planning & Zoning Commission/Mayor & City Counil From: Bruce Freckleton, Senior Engineering TechnicianjkSteve Siddoway, Planner Re: TRANQUILITY PONDS - Request for Rezone of 0.25 Acres from R-8 to C -G Reid/Potter Land Surveying. (File RZ-00-009) December 29, 2000 REc1�'_ 41A'1'0 =t EC ? 9 Z000 Clt CfokeP djBa by Jeff & ff* We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is generally located on the south side of Fairview Ave. at the intersection of Fairview and E. 3`d Street. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Tel Car Paging and Burger King are across Fairview Ave, zoned C -G. South — Cherry Lane Apartments, zoned R-40. East — Ponderosa Paint & Wallcovering, split -zoned R-8 & C -G. West — Rocky Mountain Collision Repair, zoned R-8. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. Sanitary sewer and water mains exist adjacent to the proposed site. Applicant shall be responsible for the extension of service lines in the site from the existing mains. The proposed use will allow for orderly expansion of the city limits, as this is an infill parcel. 4. If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. Tranquility Pon&.RZdoc Mayor, Council and P&Z December 29, 2000 Page 2 5. The submitted Concept Plan is not approved with this application and must be revised extensively to meet ordinance requirements. For example, ACHD will not allow the lot to have vehicular access off of Fairview; the plan does not meet street buffer requirements; no handicap -accessible parking is provided; and the stall/drive aisle dimensions appear to be less than minimum requirements. It appears that the proposed structure may be too large for the lot to accommodate the other required elements (parking, landscaping, trash enclosure) and will need to be redesigned. 6. Staff recommends that a Development Agreement not be required for this application. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. PP-MM5 Tranquility Ponds.RZdoc January 3, 2001 Jeff & Cathy Reid 30210 NE Spud Mountain Road Camas, WA 98607 Re: Staff Level Approval MRZ —00-009 s/w/c of Fairview Avenue/East 3'd Street Facts and Findings: 1?FcEYv_ED DEC 2 9 2000 CITY OF MERIDIAN Rezone A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest corner of Fairview Avenue and East Third Street in Meridian. B. The application and site plan stamped as received by Meridian City on November 16, 2000, and submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pen -nit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Page I MRZ-00-009. sl a 2• Construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 3. Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4. Locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. Pave the driveways to their full -required width to a point 30 -feet beyond the edge of pavement. 5. Any existing driveways on Fairview Avenue should be closed. 6. Construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: I. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall s ecifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. >. 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. Page 2 MRZ-00-009.sia 6• Construction, use and property development shall be in confonnance with all applicable `= requirements of the Ada County Highway District prior to District approval for occupancy. �.z 7• 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 rales, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to ' the law in effect at the time the change in use is sought. ' 8• No change in the terns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the Proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Lang Sale Planning and Development Supervisor cc: Project file City of Meridian Chron Page 3 MRZ-00-009.sla 1S 1S 6 3 u I I I I E I I d LL O O 01 O O cc O O M O O O M V) zo*09Z 9C'.166 MO"I-WS 0059 P6*S6Z m 6EIZZ-00 s Was 00-85 gg-ug 0 ul 0 in 0 00 . . ......... % ................. ................................................................. . .. . ............................... N X. r4 rq C3 CN r, q N Lf$ C3 to 0 LO a c! 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Eastlake, Commissioner E-mail: tellusna.achd.ada.id.us January 3, 2001 Jeff & Cathy Reid Y fbndS 30210 NE Spud Mountain Road Camas, WA 98607 Re: Staff Level Approval MRZ —00-009 s/w/c of Fairview Avenue/East Yd Street Rezone Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest corner of Fairview Avenue and East Third Street in Meridian. B. The application and site plan stamped as received by Meridian City on November 16, 2000, and submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pen -nits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 3. Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4. Locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. Pave the driveways to their full -required width to a point 30 -feet beyond the edge of pavement. 5. Any existing driveways on Fairview Avenue should be closed. Construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. Page 2 MR7--00-009.sla 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. 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. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387- 6170. Sincerely, 4�jarty S e Planni g and Development Supervisor cc: Project file City of Meridian Chron Page 3 MIZZ-00-009.sla 0 Z O CL J_ CY Z Q F- 7w 1S 1S 6 S O O O O M C-1 O O M •V r 0 Z0'09Z •V r 0 in 9£166 M 00-91-005 N .......................................................... .. po M r7 h O mo m Ui N O N ry o N n N N LO �_ O r O N 0 UA :;. L co O M M N N 40 N `'o N NO �r i OLI n '^ � Le 00'09 Dl N b5'E96 3 00-2&00 N U .' %" .X.— — ``::: . r•O ::. ry N 00'09 Oy LO Lo r O N v w 5000 t 099 £ t 2l? ? to O o a o ::. inmN O M m O ori:{ ?'; NI m N w coop pn q N d ix o X. o m N °Q ry m m rn O o M n H X. c° to to M 00'►8 1 0'BS 00'8500'851 b5'SOZ N O m po M r7 h O m Ui N O N ry o N n N LO �_ O r O N 0 L co O M M N N N `'o N NO OLI n '^ � Le 00'09 Dl N r•O ry N 00'09 Oy r O N v w N to O a o p M _ (n Q) q N d o m N °Q ry m n H 00'►8 1 0'BS 00'8500'851 b5'SOZ M51'SE`OOS H o cn 00'011 OZ'Z9 OZ'E9 q N Q�ff N M P N N O 4 r O N N N N ;Q� coO N M l!1 M M h d N N CN N N N ^ p N N N IN N N O 4A � 3 O N O O p v O i ' �• i N M••. `. N W (n N N N N N N O N fT N N .. G c.r - n 1c� `CUD ZqM VM .*nnoou*A 'pa uleld yNnoj 3N �IZOI •oul 'epuod AVIInbuul r� MAYOR HUB OF TREASURE VALLEY f; Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIUBLI C woltxs Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 REcF.rvEl[)08) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNIWJ AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEC 0 1 2000 DEPARTMENT (208) 884-5533 - Fax 888-6854 CITY OF MERIDIAN ]PLANNING & ZONING TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project: E. 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Your Concise Remarks: Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: j?ECENEj) N O V 1 0 2000 CIT""VIDIAN PLANti'Lti G & -f TING TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): CCt`(\ M aCE�� I ACRES OF LAND IN PROPOSED ANNEXATION: ` PRESENT LAND USE: �r - PROPOSED LAND USE: PRESENT ZONING DISTRICT: R-1� \j PROPOSED ZONING DISTRICT: --O)-QN 41 cn ( APPLICAI\ ADDRESS IL KZ-oo ooq C'-)nl Q_)t-T Mi ENGINEER, SURVEYOR, OR PLANNER: ADDRESS: i u lei' (Q l �•�rn�1� OWNER(S) OF RECORD*:_ .teffm& Holly Reid PHONE: 30210 NE Spud Mtn. Road Camas, WA 98607 ADDRESS: C -c- jC`�I -_ � � � Li Signature of pp cant *Annexation may require entering into a development agreement as a condition of annexation. Current owner must execute agreement and/or offer explanation of change in ownership and timing for same. 3 Jeff & Holly Reid 30210 NE Spud Mt. Rd. Camas, WA 98607 To City of Meridian Planning and Zoning, 833-2083 We want to change the zoning of the property we own (see copy of warranty deed attached) tax ID S1107223268. It's located on the southwest corner of Fairview and 3rd Street. The Realtor listed the address as 227 E Fairview, Meridian, Idaho. The legal description is Lot 1 of CHAPIN SUBDIVISION NO. 2, according to the official plat thereof, filed in Book 11, of Plats at Page 646, records of Ada County, Idaho. Description of present land use is vacant with no improvements. Description of proposed land use is to improve the street appeal with a new building for retail use, sidewalks and extensive use of landscape material. Present zoning district is R-8. Proposed zoning district is CO. We own Tranquility Ponds Inc. which is the nations largest pond supply company. We carry pond, waterfall, fountains, and a variety of home improvement items. We have stores in Washington, Oregon, and Nevada. The collected tax revenue for Idaho would be significant. For example Sales tax collected and paid to Washington Dept. of Revenue for one store in Vancouver, WA was $35,119.50 from 1/1/2000 to 9/30/2000. We would bring very beautiful street appeal to Fairview with a brand new building and beautiful landscape and sidewalks. Jeff & Holly Reid 30210 NE Spud Mt. Rd. Camas, WA 98607 833-2083 The harmony of zoning this CG would tie in perfectly with the surrounding businesses on Fairview. This rezoning relates well to the City of Meridian Comprehensive Plan because Fairview is an arterial street and this property has great road frontage with many existing businesses nearby. Thank you for your time in reviewing our application for new zoning. Sincerely, Jeff & Holly Reid (Husband/Wife) N �i�ed Si u es J D ate � J rey . Rei A-'�LlDate Lq�' oily Rei�V State of Washington / County of rL Signed or attested before me on Io - l q -co by S e r1 a � �� l G� Notary+'bliri6 land for the State of Wa. �/ My appointment expires AFFIDAVIT We, Jeffrey J. Reid and Holly Reid (husband and wife) of 30210 NE Spud Mt. Rd, Camas, Washington 98607, being duly sworn, do hereby declare: We have read the contents thereof and the information contained therein is true and correct in the rezoning application submitted with this affidavit The property will be posted 1 week before the public hearing_ This affidavit is made for the purpose of Rezoing Lot 1 of Chapin Subdivision No 2 according to the official plat thereof filed in Book_ 11, of Plats at Page 646 records of Ada County Idaho Sworn to before me on October 19, 2000. Notary Public: �� \�-, LAJ2--�' 8 State of Washington,, !! / /� County of (1C( l Signed or attested before me on �Q / by -�- e 12 e Notary Nbl�V anb for the State of Wa. My appointment expires .��-�o Knee IC:04 rrt IKHNUU1LITY.PONDS 360 833 1853 P.03 A-DA OAVIiD NAVARROER ROISE, 10,140 2000 SP 21 PM 3: 3 6 RECOjRyTIT�REQ_Ul OF FEE -QR DEPUIT�YI r 100075594 ____=====mc------"'•••sae--�.�--===seas �___======aaoaar-�====mss Order No.: A0004345p CORPORATION WARRANTY DEED For Value Received BODINH OIL CO., INC., an Idaho Corporation A Corporation duly organized and existing under the laws of the State of IDAHO hereby Grant, Bargain Sell and Convey unto JEFF REID and HOLLY REID, , HUSBAND & WIFE, Whose current address is: 30210 NE SPUD MOUNTAIN RD., CAMAS, WA 98607 The following described real estate, to wit: Lot 1 of CHAPIN SUBDIVISION NO. 2, according to the official plat thereof, filed in Book 11, of Plats at Page 646, records of Ada County, Idaho. EXCEPT that portion deeded to the State of Idaho for highway purposes. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. The Grantor does hereby covenant to and with the said Orantees, that it is the owner in fee simple of said premises, that it is frcc from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, Including irrigation and utility easements, (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and where the context so requires, the singular includes the plural, and the masculine, includes the feminine and neuter. IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed. Dated: 09/19/00 ODINE,OIL CO. MARVIN R BODINE, it's President STATE OF IDAHO COUNTY OF ADA ON THIS 19TH DAY SEPTEMBER OF IN THE YEAR 2000, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED MARVIN R. BODINE. KNOWN TO ME TO BE THE PRESIDENT OP THE CORPORATION THAT EXECUTED THIS INSTRUMENT AND THE PERSON WHO EXECUTED THE L4STRUMENT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HERUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE E WRITTEN. 6COTr SCOTT N. RESIDING AT:EAOLE, IDAHO MY COMMISSION EXPIRES ON: 11/28/01 p �` HO ..r. — C6 LO U-jL 9F'L66 M 00-81-005 ,p ,. 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Road Camas, WA 98607 - -- h R ClTj 1 1 U- 0 1S 1S 6 3 0 0 to 0 0 M :7 0 0 M r-. CIN C. MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No. Date ZV - ZS -Cb Name 46/11 Address Phone: SOLO BY C777—H C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUi Y If ADO — L aLc � I I xu-im�ftd Ar 05-0. t ��Z.af ' I I I All claims and returned goods MUST be accompanied by this bill. TAX LOO 12 3 8 8 Byceived TOTAL 7 2 - GS -202-2 pp�NTEOWITHn,�{p[,� a PRINTED IN U.S.A. �SOYINK,- CCJ,w �lOU� x'" •' 30210 NE SPUD MOUNTAJN RD. CAMAS, WA 98607 4185 98-8337/3233 0. - -� c neu'tures `-u t eluded. SCHOOL,EMP YEES CR DIT UNION - '" �,.dnryaa 0etads on back. CLARK COUNTY P.O. BOX 1739 - 6-6 -3441 VANCOUVER, WA 9866 1:3 23383378: 1303004 135ii'4185 0 CESiGNER CHECKS COUNTRI CHURCHES JEFF & HOLLY REID 30210 NE SPUD MOUNTAIN RD. 4155 CAMAS, WA 98607 j --,j`- 98-8337/3233 I ,r o0 acnUUL EMPLOYEES CREDIT UNION CLARK COUNTY P.O. BOX 1739 - 206-695-3441 VANCOUVER, WA 98668 1:3 23383378,: 0 DESIGNER CHECKS - COUNTRI CHURCHES 1-311, Security features included. ^� - ---- -- eCetails on back. - i _ nm 80 300 4 1. 3 Silo 4 1 5 5 ANDERSON -DAVID ate: /J� fjb V (i0 Company: Cl U Of- Mf -YL -f b ' AIJ - Piit /jt -1 C, fie) ✓� iG TZe. -zo we, FROM: 6.ofZ o 0 ANDERSON -DAVID & ASSOCIATES INC./Tele(208)363-0058 Transmitting: cc:� h. Project # 0c) - --L Land Surveying Services 1401 Shoreline Drive, Boise, Idaho 83702 9 208.363.0058 fax 208.363.0800 200 E. Carlton Suite 201 Meridian, ID 83642 Ph: (208) 884-5533 Fx: (208) 887-1297 Fax n CITY OF MERIDIAN Planning & Zoning To: Holly Reid, Tranquility Ponds From: Brad Hawkins -Clark Fax: (360) 833-1853 Pages: 2 Phone: (360) 260-0887 Date: 11/14/00 Re: Meridian Rezone Application CC: ❑ Urgent -4dFor Review ❑ Please Comment Please Reply ❑ Please Recycle Dear Holly, I have reviewed your application to rezone the lot at the SW corner of E. 3rd and Fairview Avenue. When we talked on the phone a couple weeks ago, I missed the fact that there are two missing items we still need in order to process your application. The items we still need from you are: 1. Warranty Deed: Your letter referenced a deed was enclosed but I did not see a copy. I f verified that the Ada County Assessor shows you and Jeff as the property owners, but I still need a copy of the deed showing proof of ownership. Please fax to (208) 888-6854. 2. Legal Description (Item #4): You submitted two different legal descriptions. One was a lot and block and the other was a reduced copy of the Record of Survey No. 31 (prepared by Potter Land Surveying), which included a metes and bounds description on the right side of the survey. All rezone applications must have a metes and bounds description that includes all adjacent right-of-way_. I could not read the legal description on the Record of Survey, but since it is a pretty old survey, I doubt that it includes the adjacent rights-of-way of Fairview and E. 3`d. Please submit a new, metes and bounds legal description that includes all the rights-of-way adjacent to your lot. Make sure it is stamped by a surveyor licensed by the State of Idaho. There are several surveyors in the area here, most of which should be able to prepare an accurate legal for you off of the Record of Survey. Unfortunately, I cannot recommend a particular surveyor or engineering firm, but you should be able to get a list through the Secretary of State's office or the yellow pages. Please submit these two items to our department no later than Thursday, 11-30, in order to still make the 01-04-01 Commission hearing date. Also, in August you faxed me a draft layout plan for the site. I know at that time you were still playing around with ideas for the building, parking, landscaping, etc. Is that plan to a point where you feel comfortable submitting it as a conceptual layout with this rezone application? Our Planning November 14, 2000 Commission and City Council have continually expressed interest in reviewing such conceptual plans, even though they aren't required by the Rezone application. We can still process your application, but I believe it would be in your and the City's best interest to have a conceptual plan to refer to throughout the approval process to demonstrate that the site will, in fact, accommodate a new building. Language could be discussed/agreed upon which would not tie the exact site plan to the lot but which would reference a "similar' layout, or something like that. Let me know if you have any questions. • Page 2 200 E. Carlton Suite 201 Meridian, ID 83642 Ph: (208) 884-5533 Fx: (208) 887-1297 Fax To: Holly Reid From: Brad Hawkins -Clark Fax: (360) 833-1853 Pages: 1 Phone: (360) 260-0887 Date: 08/29/00 Re: Meridian E. 3 d Site CC: ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Dear Holly, I received your fax and looked over your draft site plan. The changes you made improve the accessibility and functionality of the site. Below are a few comments. - 1 . omments: 1. I'd recommend you check into the potential of any soil or water contamination on this site. I'm not sure of the history of this parcel, but since it's owned by Bodine Oil Company, they may have used it for fuel/oil tank storage, etc. I know that the parcel owned by Bodine on 2'/z Street, just one block west, had to remove some contaminated soil before the Jack In The Box could be constructed. 2. The department at Ada County Highway District you'll eventually need to talk with about the driveway locations and sidewalks is the Planning & Development Services Department. They have jurisdiction over all public rights-of-way and it is their policies that will be enforced. Their phone number is (208) 387-6170. Ask to speak with either Christy Richardson or Penelope Constantikes. FYI, they are extremely busy and may not be able to give you much of a detailed response until you actually submit a detailed plan. 3. The City of Meridian will likely ask for a minimum of a 20 -foot wide driveway curb cut for one-way access drives to allow emergency vehicles access in and out of the site. It appears the driveways on your site plan are less. 4. Not a big deal now, but you'll eventually need to provide a van -accessible handicap parking stall with a ramp that is accessible to both stores. Again, in order for you to proceed, this site will need to be rezoned to a commercial zone. I trust you received the application I mailed. AUG -23-2000 11:30 AM TRANQUILITY.PONDS 360 833 1853 TranquIlItY Ponds, Inc, 1o211 NE Fourth Plain Rd. Vancouver, WA 98862 P.01 298 T 228 092 --%—q j f Zeas VM 'JOAnOOUVn 'p-8 ulsld 4UnOA 3N 4LZU oul 'spuod AIlhbusJl SQNOd ' hl I1I f1OH"al wo T £: T T 0002-bZ-f:)no AUG -22-2000 07:37 AM TRANQUILITY.PONDS 360 833 1853 P.01 �> 3ca�o ��.s,�Lek C6Aoos, QA W1610-+ I cox i�C� S 1 i on aa3 C;Lc� ? MAO S231-Z-Cz r ',.._:<.• '. ,e.�..; .�. ; +"a rH•'.ii"w`,'�t.4iMrF�• .r '<.�„",.. :. � N .. ... � ... - �..5,;' � '" Vii,.... ,d.::. � w�.",".•'•rA'-' " .,......+.'.n+w...J,:L���►�."��d. �;, ylc •r., �. «. .1 ,. ',:". ,. :. � ', ' ran. ��% ' . .F .. ,-,..- JJ-- . , � ' ..N, :.r+.• � , nr r' „tarvw..:'e+4% ;;'r�^� ' .,.�.' � Rk/' •'rl�wY.wM'."IIM!u'�41 Y1.,.�•1;�:4:!e�.�Wr . �' L' L 91519,4 nnn—n— WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE" WILLIAM F. NICHOLS* -ALSO ADMITTED IN OR ..ALSO ADMITTED IN WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 August 10, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R,ECEEI) Re: Ordinance No. 01-921, Summary of Publication Dear Will: AUG 10 2001 City of Meridian City Clerk Office Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for a rezoning ordinance for the Tranquility Ponds property, Jeff and Holly Reid -owners, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Vg ),,y truly yours, Al EQ�s V,1ST tr 6 r I flo,q?�3Jf HIS A3 �y a d i F t0 j i c.,It Wm. F. Nichols Enclosure Z:\Work\M\Meridian\Meridian 15360M\Tranquility Pond RZ009\C1erkSumRZOrdLTR.doc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01-921 PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land to be known as the Tranquility Ponds property, Jeff and Holly Reid -owners, consisting of 0.25 acres with a zoning designation of C -G General Retail and Service Commercial District; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description of Property A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No. 2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00" East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88°50'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3rd Street; thence leaving the southerly right-of-way line of Fairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00007'00" West a distance of 141.21 feet; thence leaving the westerly right-of-way line of East 3rd Street and along the south boundary line of said Lot 1, North 89050'00" West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8.990 square feet or 0.21 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of , 2001. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Cleric Z:\Work\M\Meridian\Meridian 15360M\Tranquility Pond RZo09\SUMRZ0rd.doc RZ 00-009 August 3, 2001 MERIDIAN CITY COUNCIL MEETING August 8, 2001 ITEM NO. APPLICANT Potter Land Surveying REQUEST Ordinance -- Request for rezone of .25 acres from R-8 to d F i vi w es forAvengeneral commercial use for proposed Tranquiity Ponds — East 3rd Street a AGENCY _..__.-- CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See affached ordinance OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on February 6, 2001, for the purpose of reviewing and considering the application of Potter Land Surveying for a rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds generally located at East Td Street and Fairview Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 8th day of January, 2001. 22 WTILIAM G. BERG, JR., CIVr CL olth�t{ltlfat OT PUBLISH January 12 and 26, 2001.vj: c iI!L 110. 1 � r-,0 `�. .old `.' 3Y 1 ADA COUNTY HIGHWAY DISTRICT Development Applications Staff level approvals Tech Review — December 15 and 22, 2000 Ada County: 1.00-27-PR/00-28-PR Boise City: Preliminary Plat: 2. Micro/SUB00-0091 3. DRH00-00256 4. DRH00-00257 City of Meridian: 5. MRZ-00-009 City of Eagle: 6. EDR-69-00 City of Kuna: 7. KRZ-02-00 RFi cEJ-vED 1 DEC 2 9 2000 CITY OF MERIDIAN Cimmaron Springs/Seamans Gulch Private Roads 9926 Mesquite Court 5450 Gowen Road 7155 Denton Street 227 Fairview Paee 2 of 2 January = . ?001 TAZ : Lots : 2 Office, storage, production Office building Rezone R-8 to C -G 'ire Station -)ne R-6 to C-3 za oa a� J — 5 - C V z H i r1 17 IS Zn z a 1S ISL 3 0 0 m 0 0 M 0 a1i NVIa11i3W IL IT o 0 �� M February 16, 2001 RZ 00-009 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Potter Land Surveying ITEM NO. 3-G REQUEST Findings -)flof .25 acres from R-8 to C -G for proposed Tranquility Ponds - East 3rd and Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings / Conclusions CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: (, ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: �f j����� , L� —"27 / f Date: 2Ol 01 Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE• WILLIAM F. NICHOLS• *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 February 13, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R,ECEIVED 7_- ` it 9�J0l William G. Berg, Jr., City Cleric CITY OF MERIDIAN MERIDIAN CITY HALL CITY CLERK OFFICE 33 East Idaho Meridian, Idaho 83642 Re: JEFF AND HOLLY REID/POTTER LAND SURVEYING / REZONE FINDINGS / REZONE ORDINANCE / CERTIFICATION OF CLERIC/ RZ-00-009 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of February 6, 2001, and which are on the agenda for February 20, 2001. Also, please find enclosed the above Ordinance and the Certification of the Clerk for the rezone for Mr. and Mrs. Reid. After the Findings of Fact and Conclusions have been adopted then please place this ordinance on the City Council agenda. This If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Enc. msg\Z:\Work\NI\Meridian\Meridian 15360M\Tranquility Pond RZ009\FFCL and OrdinanceClk.ltr February 1, 2001 RZ 00-009 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Potter Land Surveying ITEM NO. REQUEST Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds - East 3rd Street and Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: M COMMENTS See attached P&Z Item Sheet See attached Recommendation LIU �; 'i " v" See attached Date: Phone: '2�&6) Materials presented at public meetings shall become property of the City of Meridian. Ada Cottnt'V'Riq�kuaV '2)ij1'i't Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Mever. Secretary Phone (208) 387-6100 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus cbachd.ada.id.us January 3, 2001 Jeff & Cathy Reid 30210 NE Spud Mountain Road Camas, WA 98607 RECEIVED ,JAN - 8 2001 CITY OF MERIDIAN Re: Staff Level Approval MRZ —00-009 s/w/c of Fairview Avenue/East 3`d Street Rezone Facts and Findings: A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest corner of Fairview Avenue and East Third Street in Meridian. B. The application and site plan stamped as received by Meridian City on November 16, 2000, and submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4. Locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. Pave the driveways to their full -required width to a point 30 -feet beyond the edge of pavement. Any existing driveways on Fairview Avenue should be closed. 6. Construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. Page 2 MRZ-00-009.sla 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual. ISPWC Standards and approved supplements. Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. 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. 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 lec,al restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387- 6170. Sincerely, arty S e Planni g and Development Supervisor cc: Project file City of Meridian Chron Pace 3 MRZ-00-009.sla n 1S 1S L 3 I I I I - I __j = ai O O to O O M O O O M t O'09Z V) 9£x66 M00-91-005 0 0 n 0 65'SOL to N N m O 0 M N N v w o, N m a N °p PO N N N a O N ^ N m M N O �n N ui C, ry Bb'S6L 0 O N M N N n O IN 5 �0 N LM N 00 � tG N yl M CL N N M N r 0 P, N 0 O LO N O ro 65'SOL to N N m O 0 M N N v w o, N m a N °p PO N N N a O N ^ N m M N O �n N ui C, ry Bb'S6L 0 O N M N N n O IN 5 . q m h 00'8 00'95 N p Icl 000 Q1 r7 O N N M r4NON 0 P, N O to O LO o r 6 O O ro T M O N M N ' N ^ Ln N tn N C N N 0 a o o p 00'09 OC r e n 00'09 0 O V) L o . q m h 00'8 00'95 00" 00'01 l cr Q1 M M N N N N N L N r r e n O O Q p fn Nrq (n n O N O N O BS N00'95! O 0 O N v v M M1 N N N N n oo n i O O N N d jc� 4'k � —CUD 0 zsM vnn 'JOAnooufA 'md Meld yVnoj 3N LIZOI •oul 'spuod ANIInbuul r=- January 2, 2001 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 RZ 00-009 APPLICANT Potter Land Surveying ITEM NO. 12 REQUEST Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds East 3rd Street and Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY CITY POLICE DEPT: COMMENTS See attached comments See attached comments No Comment CITY FIRE DEPT: MFD will not have a problem with this Rezone CITY BUILDING DEPT: r� CITY WATER DEPT: No Remarks CITY SEWER DEPT: No Comment SANITARY SERVICE, INC: More review needs to be done on the container size, volume etc. MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: Contacted: See attached comments No objections to this proposal No comment on the Rezone for this proposed Project * NM (` �-° Date: 1 I D f V I Phone: 3w ~ Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: LEGAL DEPARnfFNT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22211 - Fax 887-1.397 PI INNING AND ZONING DEP_ARTIJENT (308) 884-5533 FAX 888-6854 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Steve Siddoway, Planner Re: TRANQUILITY TRANQUILITY PONDS - Request for Rezone of 0.25 Acres from R-8 to C -G Reid/Potter Land Surveying. (File RZ-00-009) December 29, 2000 QF � City C 2 9 2008 cit C"I o ,ldl by Jeff &epk ff* We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is generally located on the south side of Fairview Ave. at the intersection of Fairview and E. 3`d Street. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Tel Car Paging and Burger King are across Fairview Ave, zoned C -G. South — Cherry Lane Apartments, zoned R-40. East — Ponderosa Paint & Wallcovering, split -zoned R-8 & C -G. West — Rocky Mountain Collision Repair, zoned R-8. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. Sanitary sewer and water mains exist adjacent to the proposed site. Applicant shall be responsible for the extension of service lines in the site from the existing mains. The proposed use will allow for orderly expansion of the city limits, as this is an infill parcel. 4. If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. Tranqudity Ponds.RZdoc t` HUB OF TREASURE VALLEY 'VLXYOR A Good Place to Lave Robert D. Gerrie CITY OF MERIDIAN CITY COUNCIL titEN[BERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDLA�-N, IDAHO 836=2 T.inmiv de\Xeerd (208) 888-4433 - FAX (208) 887-4813 Gierie McCandless City Gerk Office Fax (208) 888-1.318 MEMORANDUM: LEGAL DEPARnfFNT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22211 - Fax 887-1.397 PI INNING AND ZONING DEP_ARTIJENT (308) 884-5533 FAX 888-6854 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Steve Siddoway, Planner Re: TRANQUILITY TRANQUILITY PONDS - Request for Rezone of 0.25 Acres from R-8 to C -G Reid/Potter Land Surveying. (File RZ-00-009) December 29, 2000 QF � City C 2 9 2008 cit C"I o ,ldl by Jeff &epk ff* We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is generally located on the south side of Fairview Ave. at the intersection of Fairview and E. 3`d Street. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Tel Car Paging and Burger King are across Fairview Ave, zoned C -G. South — Cherry Lane Apartments, zoned R-40. East — Ponderosa Paint & Wallcovering, split -zoned R-8 & C -G. West — Rocky Mountain Collision Repair, zoned R-8. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. Sanitary sewer and water mains exist adjacent to the proposed site. Applicant shall be responsible for the extension of service lines in the site from the existing mains. The proposed use will allow for orderly expansion of the city limits, as this is an infill parcel. 4. If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. Tranqudity Ponds.RZdoc Mayor, Council and P&. December 29, 2000 Page 2 5. The submitted Concept Plan is not approved with this application and must be revised extensively to meet ordinance requirements. For example, ACRD will not allow the lot to have vehicular access off of Fairview; the plan does not meet street buffer requirements; no handicap -accessible parking is provided; and the stall/drive aisle dimensions appear to be less than minimum requirements. It appears that the proposed structure may be too large for the lot to accommodate the other required elements (parking, landscaping, trash enclosure) and will need to be redesigned. 6. Staff recommends that a Development Agreement not be required for this application. GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. RZ,00.008, PP -00.025 Tranquility Ponds.R7 doc RFCET-\,�T) D E C 29 2900 CITY OF MERIDIAIi January 3, 2001 Jeff & Cathy Reid 30210 NE Spud Mountain Road Camas, WA 98607 e4l� Re: Staff Level Approval MRZ —00-009 s/w/c of Fairview Avenue/East 3rd Street Rezone Facts and Findings: A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest corner of Fairview Avenue and East Third Street in Meridian. B. The application and site plan stamped as received by Meridian City on November 16, 2000, and '`"" submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Page 1 MRZ-00-009.sla 2. Construct a five-foot wide concrete sidewalk on Fairview Avenue abutting thearcel. Coordinate the location and elevation with District staff. p 3• Direct access to Fairview Avenue shall be prohibited, as the applicant has ample fronts e on Third Street for a reasonable access. p g 4. Locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. Pave the driveways to their full -required width to a point 30 -feet beyond the edge of pavement. .�4 5• Any existing driveways on Fairview Avenue should be closed. 6. Construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: r 1 • This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another partywithin 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a wntten ex lanation of why such a re uirement would result in a substantial hardship or inequity The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall Mecificall identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pen -nit (or other required pennits), which incorporates any required design changes. Pate 2 MRZ-00-009.sia 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4;y"y 8. No change in the terns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the Proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file City of Meridian Chron Page 3 MRZ-00-009.sla 1S ISL 3 (Z I I I I I I I- 1[ -Ill O O to O O m O O O m J(� e Z"" dM '.*nnoou$A 'P2l uigld 43ino:l 3N � 1Z% •oul 'epuod Aillinbusil -C.d U hi l v t i JAN 18 ?nrs WHITE PETERSON -'TS F,(- E ,-.QTY :i yI::RIDI:�ei WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN I- DINIUS CHRISTOPHER S. NYE ATTORNEYS AT LAW NAWA OFFICE JuLm KLEIN F[sCHER Wm. F. CAGRAY, III PHILIP A. PmnmN ERIC S. ROSSMAN 5700 E. FRANKLIN RD. SurrE 200 BRENT J. JOHNSON TODD A. ROSSMAN 200 EAST CARLTON AVE., SUITE 31 NAMPA, IDAHO 83687-8420 D. SAMUEL. JOHNSON DAVID M. SwARTLEr� POST OFFICE BOX1150 TEL. (208) 466-9272 LARRY D. MOORE TERRENCE R. WHrrt:+ �gIDJgN IDAHO 83680-1150 . FAX (208) 466a'w5 WILLIAM A. MORROW NICHOLAS D. WOLLEN WiLuAM F. McHoLs• TEL (208) 288-2499 PLEASE REPLY TO •Also admitted in OR FAx (208) 288+2501 E-MAIL: @WPPMG.COM MEMIAN OFFICE •+ Also admitted in WA January 16, 2001 RECEIVED JAN 18 2001 To: Staff CITY OF MERIDIAN Applicant Affected Property Owner(s) Re: Application Case No. FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findm* gs�., and Recommendations of the Planning and Zoning Commission shall be presented to the laity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planfiing and Zoning Commission; and 2. That you carefullycomplete (be sure it is legible) the Position Statement if You dsagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the presented City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yo rs, City Attorne*Office ly/ BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .25 ACRES FOR PROPOSED TRANQUILITY PONDS POTTER LAND SURVEYING, Applicant Case No. RZ-00-009 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately .25 acres in size. The property is generally located on the southside of Fairview Avenue, at the intersection of Fairview and E.3rd Street, in Meridian. 2. The owner of record of the subject property is Jeff and Holly Reid, of Camas, Washington. 3. The Applicant is Jeff and Holly Reid, Camas, Washington. 4. The property is presently zoned as R-8, and is vacant. 5. The Applicant requests the property be rezoned to C -G. 6. The proposed site is surrounded by commercial uses and an apartment complex zoned 'R-40. 7. The subject property is within city limits of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF & HOLLY REID/POTTER LAND SURVEYING 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 9. The Applicant proposes to develop the subject property in the following manner: a retail home and garden development. 10. The Applicant's requested rezoning of the subject real property as C -G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendation of Planning and Zoning and Engineering staff as follows: 1.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 1.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. 1.3 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 1.4 Staff recommends that a Development Agreement not be required for RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF & HOLLY REID/POTTER LAND SURVEYING this application. 1.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.1<-). 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 1.10 Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 1.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF & HOLLY REID/POTTER LAND SURVEYING 1. 13 Applicant shall locate any driveways on Third Street a minimum of 50 - feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point 30 -feet beyond the edge of pavement. 1.14 Any existing driveways on Fairview Avenue shall be closed. 1.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 1.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. ZAWork\M\Meridia.\�4eridian 15360NUranquility Pond RZ009\RZ009Tranqui1ity.wpd RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE - TRANQUILITY PONDS SUBDIVISION BY JEFF & HOLLY REID/POTTER LAND SURVEYING FILE copy BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 02-06-01 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .25 ACRES FOR PROPOSED TRANQUILITY PONDS LOCATED ON THE SOUTH SIDE OF FAIRVIEW AVENUE, AT THE INTERSECTION OF FAIRVIEW AND E. s'D STREET, MERIDIAN, IDAHO JEFF AND HOLLY REID / POTTER LAND SURVEYING, Applicant. Case No: RZ-00-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .25 acres having come on for public hearing on February 6, 2001, at the hour of 6:80 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and she appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, before the City Council, the first publication appearing and written notice having been FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY.- JEFF AND HOLLY REID / POTTER LAND SURVEYING / (87,00.009) 1 mailed to property owners or purchasers of record within three hundred feet (3o0') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing 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 February 6, 2001, 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 §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. S. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, 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. 4. The property is approximately .25 acres in size. The property is generally located on the south side of Fairview Avenue, at the intersection of Fairview and E. 3'd Street, Meridian, Idaho and is described as follows: A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No. 2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZoo-0o9) -2 East a distance of 189.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88050'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3'd Street; thence leaving the southerly right-of-way line of Fairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00007'00" West a distance of 141.21 feet; thence leaving the westerly right-of- way line of East 3`d Street and along the south boundary line of said Lot 1, North 89050'00" West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8.990 square feet or 0.21 acres, more or less. The owner of record of the subject property is Jeff and Holly Reid, of Camas, Washington. 6. The Applicant is Jeff and Holly Reid, Camas, Washington. 7. The property is presently zoned as R-8, and is vacant. 8. The Applicant requests the property be rezoned to C -G. 9. The proposed site is surrounded by commercial uses and an apartment complex zoned R-40. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 12. The Applicant proposes to develop the subject property in the following manner: a retail home and garden development. 13. The Applicant's requested rezoning of the subject real property as C -G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / (R7100-009) -3 B. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 Ifor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (R7,00-009) -4 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendation of Planning and Zoning and Engineering staff as follows: 15.2.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 15.2.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. 15.2.5 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 15.2.4 Staff recommends that a Development Agreement not be required for this application. 15.2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 15.2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.2.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.1013edicate 54 -feet of right-of-way (approximately 4 -feet additional) from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (R Z-00-009) -5 the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.2.11Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 15.2.12Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 15.2.13Applicant shall locate any driveways on Third Street a minimum of 50 - feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point 30 -feet beyond the edge of pavement. 15.2.14Any existing driveways on Fairview Avenue shall be closed. 15.2.15Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 15.2.16As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. The requested zoning of General Retail and Service Commercial District, (C -G) is defined in the Zoning Ordinance at 11-7-2 K as follows: (C -G) General Retail and Service Commercial District. The purpose of the C -G District is to provide for commercial uses which are customarily operated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / (R "-oo9) -6 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, and shall not constitute strip commercial development and encourage clustering of commercial development. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-651 IA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. follows: 7. § 11-6-1 ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / (R7,00-009) -7 adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. § 11-15-11of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards anu shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZ00-009) -8 maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: The Applicant's request for rezone of approximately .25 acres for construction and development of a retail home and garden development is granted, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / MUO-009) -9 The following special terms and conditions of use and development relate to this application to -wit: Adopt the Recommendation of Planning and Zoning and Engineering staff as follows: 2.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 2.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. 2.8 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 2.4 Staff recommends that a Development Agreement not be required for this application. 2.5 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. Adopt the Recommendations of the Ada County Highway District as follows: 2.10 Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY. JEFF AND HOLLY REID / POTTER LAND SURVEYING / (87,00.009) -10 recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 2.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 2.13 Applicant shall locate any driveways on Third Street a minimum of 50 - feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point 30 -feet beyond the edge of pavement. 2.14 Any existing driveways on Fairview Avenue shall be closed. 2.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 2.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to (C -G) General Retail and Service Commercial District (Meridian City Code § 11-7-2 K) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO CG BY. JEFF AND HOLLY REED / POTTER LAND SURVEYING / MUO-009) 11 Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ROLL CALL By action of the City Council at its regular meeting held on U.Q2 Z0 COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 2 —20 — O MOTION: APPROVE ISAPPROVED: VOTED VOTED VOTED G� VOTEDa- VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney.'nr,nn���r� B �u Dated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY. JEFF AND HOLLY REED / POTTER LAND SURVEYING / W"0.009) City Clerk msg/Z:\Work\M\Meridian\Meridian 15360M\Tranquility Pond RZ009\FfsCls0rderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .25 ACRES FROM R-8 TO C -G BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / WAo-o09) -13 FILE COPY kAe'r; 11&/KCt - ADA coUNTY RECO DER ;. 0,,.W10 HAVARRO zoo AU —9 Eli1 : 3 CITY OF MERIDIAN RECORDED-REGuEST TY EEE -OEF I4�1 saes 3 10108099 ORDINANCE NO. 01- q21 AN ORDINANCE FINDING THAT JEFF AND HOLLY REID OWNERS OF CERTAIN REAL PROPERTY TO BE KNOWN AS TRANQUILITY PONDS HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to C -G (General Retail and Service Commercial) District as defined under Meridian City Code § 11-7-2 K; and Jeff and Holly Reid / (C -G) RZ-00-009 / RE -ZONE ORDINANCE - 1 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of lav and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No. 2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00" East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88°50'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3rd Street; thence leaving the southerly right-of-way line of Fairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00°07'00" West a distance of 141.21 feet; thence leaving the westerly right -of -Nay line of East 3rd Street and along the south boundary line of said Lot 1, North 89050100" West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8,990 square feet or 0.21 acres, more or less. 4. The following conditions shall be required as follows to -wit: 4.1 Applicant shall be responsible for the extension of sewer and water service lines in the site from the existing mains. 4.2 If rezoned to C -G, the subject lot would conform to minimum lot size and frontage standards. Jeff and Holly Reid / (C -G) RZ-00-009 / RE -ZONE ORDINANCE - 2 4.3 The Applicant shall submit a revised Concept Plan to meet ordinance requirements. 4.4 Staff recommends that a Development Agreement not be required for this application. 4.5 Any existing irrigation/drainage ditches crossing the- property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans with written confirmation of said approval of irrigation district submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 4.7 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.9 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 4.10 Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Jeff and Holly Reid / (C -G) RZ-00-009 / RE -ZONE ORDINANCE - 3 4.11 Applicant shall construct a five-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation with District staff. 4.12 Direct access to Fairview Avenue shall be prohibited, as the applicant has ample frontage on Third Street for a reasonable access. 4.13 Applicant shall locate any driveways on Third Street a minimum of 50 -feet south of Fairview Avenue. The driveways shall be paved to their full -required width to a point 30 -feet beyond the edge of pavement. 4.14 Any existing driveways on Fairview Avenue shall be closed. 4.15 Applicant shall construct curb, gutter, and five-foot wide concrete sidewalk on East Third Street to match the existing improvements to the south. 4.16 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C -G) General Retail and Service Commercial District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict Jeff and Holly Reid / (C -G) RZ-00-009 / RE -ZONE ORDINANCE - 4 herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. AXmASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ay of f , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Aay of , 2001. �1 ATTES s City Cleric STATE OF IDAHO, ) ss. County of Ada. On thisQ da of I 5� y /Ldp , 2001, before me, the undersigned, a Notary Public in and for /aid State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN and year fir�e�t�i rpTAR (SEAL) V msg\zN 01p EREOF, I have hereunto set my hand and affixed my official seal the day J -,/1J NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES:-OL•Gf6 60M\Tranquility Pond RZ009\RZOrdinance Jeff and Holly Reid / (C -G) RZ-00-009 / RE -ZONE ORDINANCE - 5 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the qday of tC t�� 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. �t%A,V%Af4ttIIl, STATE OF IDAHO, . ss. County of Ada, G. BERG, JR. On this -/k day of , in the year 2001, before me, A -Ni T -A 4 n VE 2i., N , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ��0— ,. 0 v ',.�gRrr� �c; * Notary Public for Idaho pUB1,1c' Commission Expires://- a2 --v •••�'rE OF l� ��••• msg\Z:\Worlc\M\Meridian\Meridian 15360M\Tranquility Pond RZ009\Certification0fClerk0rd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-00-009 NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. 150-901(A) CITY OF MERIDIAN ORDINANCE NO. 01-921 PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land to be known as the Tranquility Ponds property, Jeff and Holly Reid -owners, consisting of 0.25 acres with a zoning designation of C -G General Retail and Service Commercial District; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description of Property A parcel of land being all of Lot 1, excluding a portion deeded to the State of Idaho for highway purposes, of Chapin Subdivision No. 2, located in the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, said point being common to Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00°07'00" East a distance of 139.73 feet to a point on the southerly right-of-way line of Fairview Avenue; thence along said southerly right-of-way line, North 88°50'35" East a distance of 64.02 feet to a point on the westerly right-of-way line of East 3rd Street; thence leaving the southerly right-of-way line of Fairview Avenue and along the westerly right-of-way line of East 3rd Street, South 00°07'00" West a distance of 141.21 feet; thence leaving the westerly right-of-way line of East 3rd Street and along the south boundary line of said Lot 1, North 89050'00" West a distance of 64.00 feet to THE POINT OF BEGINNING. Said parcel contains 8.990 square feet or 0.21 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of 2001. ►� OF /4 1.15� City of Meridian - Mayor and ity touncil By: William G. Berg, Jr., City Clerk IBM rt Z:\Work\M\Meridian\Meridian 15360M\Tranquility Pond �yY y RZ-00-009 'LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian, will hold a public hearing at the Meridian City hall, 33 East Idaho , Street, Meridian, Idaho, at file hour of 7:00 P.m. on January 4, 2001, for the purpose of reviewing and considering the. applica- tions of. Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres In an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black 'Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with a' drive-thru teller In an 1-0 zone - generally located in the Magic -View Office Complex west of Eagle Road, .north of Magic View Drive; • . 4 1, ' . _ Brighton Corporation for, a Conditional' mace; Lombard -Conrad for a Conditional Use Permit to construct.the new Meridian City Police Department In an R-8 zone gener- ally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for.;aemporary placement of an office trailer fo :serve as Sontag Eye Associates office during construction erallyaocated -8t *entry,May and Alen, adi-Engineers for #Rezone of 3:17 acres'' from L -O to R4 for i3ro6osed r Devlin on 5.17 acres brook Farms Gem Park It Partner 10 for' Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany'Lakes Subdivision; Furthermore the 'applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots"on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential generally located at the southwest corner of Victory Road and Eagle Road; Potter Land Surveying for rezone of .25 acres ton, -R=Bto C -G for general com- mercial use for .proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue;- Hubble venue;Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary- Plat approval of 3 building lots on 20.20 acres In a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast comer of Nola Road and Franklin Road. Pub. Dec.15,29, 2000 9063 ,i4t *�9�Rtfra�Fo- ._1 ► r. Cr CENTRAL DISTRICT HEALTH DEPARTMENT CENTRHL DISTRICT HEALTH DEF,-%RTMENT Return to: Environmental Health Division ❑ Boise ❑ Eagle Rezone # -Z_ — C)c 0 0 Conditional Use # Preliminary / Final / Short Plat Z 1. We have No Objections to this Proposal. ❑ Garden City Meridian ❑ Kuna ❑ ACZ ❑ Star DEC - 9 2000 ❑ 2. We recommend Denial of this Proposal. CITY OF MERIDM ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: Reviewed By:i%' CMD 90ft Review Sheet ** TX CONFIR, ,ION REPORT ** AS OF DEC 11 00 06:12 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 09 12/11 06:11 PUBLIC WORKS OF --S 00'19" 001 024 OK 10 12/11 08:12 208 686 6854 EC --S 00'27" 001 024 OK -------------------------------------------------------------------------------------------- CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •� DISTRICT Return to: irHEALTH Environmental Health Division ❑ Boise DEPARTMENT O Eagle Rezone # Z— o o— O O O Garden City Meridian Conditional Use # ❑ Kuna Preliminary / Final / Short Plat O ACZ ❑ Star / r r .Lw— -i' Al - We have No Objections to this Proposal. DEC - 9 2000 O 2. We recommend Denial of this Proposal. C1W OF MERIDIM O 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. O 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: D high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other O 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. O 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. O 8. After written approval from appropriate entitles are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water U individual sewage ❑ individual water O 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water O 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. O 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment O swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 014. Date: � 6 1 15 Reviewed By: lam-���iif COKOSMk Review Sheet Theldaho - Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICA DTI# I Identification Ci VST 0 -Ll' aridic`%32 �C01�1L�� Amount: 064514 376969 PUBLIC HEARING $116.64 Ordered by: P.O. # Rate Run Dates SHELBY _j NT DECEMBER 15, 29, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 81 MERIDIAN, IDAHO 83642 Affidavit Legal # .•`•� p �' CL9 a OT AR �,, e t � � O e P *I"',Pe E 0 F AA ) 1 1 9063 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly =single =consecutive daily F odd skip insertion(s) beginning with the issue of: DECEMBER 15 , 2000 and ending with the issue of: DECEMBFR 2 9 9nnn STATE OF IDAHO ) )Ss COUNTY OF ADA On this 2 day of JANUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: LEGAL NOTICE PUBLIC HEARING toNthDe Ordinances HEREBY Bthhe Ci ty Eoff Merid an and the Laws of the State of Idaho that the PlanninCity of Meridian will hold a Publihearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 P.m. on January 4, 2001, for the purpose of reviewing ,and Considering the applica- tions of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally„ located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional' Use Permit drive-thrconstruct tei erc to branch n L -O zone'4 generally located in the Magic-Vlew Office;;# Complex west of Eagle Road, .north of. - Mag 1c View Drive .. �! •t Use rPermit�for arsat es`and proieectt Conditional mation office in a temporary trailer cur=t rently in an R-4 zone In Ashford. Greene No.4 at Black Cat Road and North Waggle Place; Permitbto construct.t a new Meridian City allyPoliceocattepdartment s of Franklin and of Locust Grove Road; Johnson Architects for a Conditional Use Permit for,zter�pporary,plaoement of JUP Englnoeri for04zonevf 5,11i acres" from L O 10 .R-4 fgr-Proposed; Devlin PlaceSubdivision No. 26,furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other tots on 5.17 acres in a ornonearl o_A ",.,e #_ .-verween bunnurst Subdivision and Sunny- ` brook Farms; and Zoning of 156.21 acmes from RT to R-4 furthermorethethe Tuscany Lakes requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a Proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for Proposed Tuscany Lakes' Subdivision generally located at the southwest comer of Victory Road and Eagle Road; PoadBofrralacreses fromRC-Gogene com- mercial use for .proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; and Zoning�ofi20 20 acres fromo for RT to C -GG for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a Proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. Pub. Dec.15,29, 2000 9063 ��K7iiR Ff Kar ,Y �` • '�� r bpr � ** TX CONF I R�, , A ON REPORT ** DATE TIME TO/FROM 25 12/11 08.31 PUBLIC WORKS 26 12/11 08:32 208 888 6854 AS OF DEC 11 'ud 08=33 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#/ STATUS OF --S 00'21" 001 040 OK EC --S 00'30" 001 040 OK MAYOR HUB OF TREASURE VALLEY Robert D.Corric A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Kcith Bird MERIDIAN, IDAHO 83642 Tammy dcWccrd (208) 888-4433 • Fax (208) 887.4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT =8) 288.2499 - Fax 283-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 - Fax 888-6854 TRANSMITTALS -TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project. E. 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P2 Jerry Centers, PIZ Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy ;deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary' Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: ,��� ,��,rr�lr- Fire Department r' Police Department 42- - City Attorney City Engineer City Planner i Parks Department (Residential c ppuwnons Dory) 9"-24 PP/FPIPFP -'90 AZ - 27 RECEIVED DEC 0 4 2000 Meridian City C E C - 9 2000 Water Superintendent 'j ; CM OF MERIDIAN MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project: E. 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, PIZ Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 FFcEWF,D DEC - 9 2000 CYTSOF MERIDIAN RECEIVED DEC 0 4 2000 Meridian City Water Superintendent 28 29 ** TX CONFIRI LON REPORT ** DATE TIME TO/FROM 12/11 16:12 PUBLIC WORKS 12/11 16:13 208 868 6654 AS OF DEC 11 16:13 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'11" 001 090 OK EC --S 00'21" 001 090 OK RACED DEC 1 1 2000 CITY OF 1VIERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.463-0092 / December 6, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nompo 466-0663 Will Berg, City Clerk � City of Meridian 33 East Idaho Meridian, ID 83642 Re: RZ-00-009 Rezone from R-8 to C -G for proposed Tranquility Ponds Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the proposed project. Sincerely, ohn P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: din Cc: File — Shop File — Office Asst. Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23.000 BOISE PROJECT RIGHTS - 40,000 FWEIvED DEC 1 1 2000 CITY OF MERIDIAN 'i�a�t�Fia- � �ieniciia�c %igatlaoL UEa.�t1Ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 / Phones: Area Code 208 December 6, 2000 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: RZ-00-009 Rezone from R-8 to C -G for proposed Tranquility Ponds Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the proposed project. Sincerely, Ln P. Anderson, Water Superintendent n NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln Cc: File — Shop File — Office Asst. Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ** TX CONFIRI. ,ION REPORT ** DATE TIME TO/FROM 26 1220 12:23 206 888 6654 AS OF DEC 20 '00 12:23 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'27" 001 128 OK V4 MAYOR HUB OF rR£ASUR£ VAI Rcbert D Corrie CITY COUNCIL MEMBERS rm A Good Placc to Live CITY Y OF MERIDIAN ERID T /, �T LEGAL DEPARTMENT =06) 288•la9q • Foz 168 -:So I Ron Anderson Keith gird 33 EAST IDAHO yC]ll BUiLDINGPUBLIDEPORTME.NT Tvnmy deWeerd MERIDIAN, IDAHO 83642 (20S) W-2211 -Fax 887.12p (208) SSS -"33 - Fu (208) 5874513 Chenc McCandless City Clerk Office Fax (208) 858-4218 PLANNING AND zoNlNc DEPARTMENT (2D8)S84.5533 • Fez 99!4551 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30 2000 File No.: 1Z-00-009 Hearing Date: January 4, 2000 Request Rezone of .25 acres from R-8 to C -G fns ne I By 3 Tranquility Ponds Potter land Survev Location of Property or Project. E. 3rd St. Sally Norton, P2 Bill Nary, P/Z Jerry Centers, P2 Richard Hatcher, P/Z —Keith Borup, p/z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, CIC Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service B 0,4; Hera commeraal use for leW Ave. Meridian School District Meridian Post Office (Fp/pp) .Ada County Highway District Community Planning Assoc. Central District Health �_ Nampa Meridian brig, District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) � Intermountain Gas (FP/PP) ..___Ada County (Annexation) —�_ Idaho Transportation Department u) ng Department Your Concise Remarks: Fire Department Yi...� e„ 1111! Police Department 4 City Attorney City Engineer City Planner Parks Department (Ras;oem;al APplkatlons a )y) G”' - U PPXPIPFP . 30 AZ - 27 DEC 15 '00 13:50 RECE'�D DEC 15 2000 CITY OF MERMI N 20ee385052 PAGE -02 12/15/2000 13:34 2088885052 SANITARY SERVICE PAGE 02 MAYOR HUS OF TREASURE VALLEY Robert D Corrie A Good Place to Live LEGAL DEPARTMENT CITY Off' MERIDIAN (208) 288-2499 - Fax CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO PUBLIC WORKS8-:501 BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 837-2211 - Fax 8V. 1291 Tammv deWeerd (208) 888.4433 • Fax (208) 887-4813 PLANNING AND ZONING Chene McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds ------------------- BY: Potter Land Survevinci— Location of Property or Project, E, 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, PIZ Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: Fire Department L°r>T 1/ Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gcn - 26 PPiCP;PFP - 30 A2 • 27 REcElvED D E C 15 2000 CITY OF MERIDIAN DEC 15 '00 13=50 2088885052 PAGE.02 b0.3SUd bbL0b888aZ -- _, ZZ:VT 00, La 03G MAYOR HUB OF TREASURE VALLEY Robert D, Corrie A Good Placc to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN (2as> 235.2499 . Fax 283.250, Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 8364.2 (�08) 887-2211 - Fax 887.1297 TAMMY deWecrd (208) $88-4433 - Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) SS4-5533 - Fax 8888.6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By. Potter Land Surveying Location of Property or Project: Sally Norton, P/Z Bill Nary, P/Z �_ Jerry Centers, P/Z ---Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Reside Gen - 26 PP!FPIPFP • 30 AZ - 27 E- 3rd St. and Fairview Ave. Meridian School District . Meridian Post Office (FP/PP) —_„Ada County Highway District Community Planning Assoc, Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: .jk;UE1VED D E C - 7 2000 CITY OF MERIDIANN SA/bAa 1717L9t78890Z=a I N'7 T HM'7 T Chiu TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project: E. 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Fire Department ►_ Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department � C�TVED DEC - 4 1000 CITY OF MEgIDjAnT HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (208) 288-2499 • Fax 288.2501 MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project: E. 3rd St. and Fairview Ave. Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Fire Department ►_ Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department � C�TVED DEC - 4 1000 CITY OF MEgIDjAnT MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: RZ-00-009 Request: Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds By: Potter Land Surveying Location of Property or Project: E. 3rd St. and Fairview Ave. Sally Norton, PIZ Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department X Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 ,a_. w . ; .s- Ke 2 o &/ ** TX CONFIRt. .ION REPORT ** AS OF DEC 29 •ted 12:04 PAGE.01 CITY OF MERIDIAN DATE 15 12/29 TIME 12:00 TO/FROM PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS 16 12/29 12:02 208 888 6854 OF --S EC --S 01'39" 006 021 OK ------------------------- -- 01'55" 006 021 OK January 3, 200I Jeff & Cathy Reid 30210 NE Spud Mountain Road Camas, WA 98607 Re: Staff Level Approval MRZ —00-009 s/w/c of Fairview Avenue/East 3rd Street MCBxV:E]0 DEC 2 9 2000 CITY OF MERIDIAN Rezone Facts and Findings: Gam.; A. The Ada County Highway District (ACRD) staff has received the above referenced application ( requesting rezone approval to from R-8 (residential) to C -G (commercial). The 0.21 -acre site is located at the southwest comer of Fairview Avenue and East Third Street in Meridian. B. The application and site plan stamped as received by Meridian City on November 15 2000 and submitted to the District on December 4, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. provide the following requirements, in addition to any additional requireIf the rezone is approved and the District receives a development proposal, the District intends to ;msµ. ments that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: I • Dedicate 54 -feet of right-of-way (approximately 4 -feet additional) from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pen -nit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. Page 1 MRZ-00-009.sla NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the application of Potter Land Surveying for Rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds generally located at East 3`d Street and Fairview Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 12th day of December, 2000 �e,� �♦�T�Q � f�r°rr PUBLISH December 15t 29tH, r. �$1 , ` Q` r w\\ WILLIAM G. BERG, JR.XIV'CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with a drive-thru teller in an L -O zone generally located west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer in an R-4 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard -Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. 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