HomeMy WebLinkAboutMeridian Gateway
AZ 04-031
MERIDIAN PLANNING & ZONING MEETING
December 16, 2004
APPLICANT White-Leasure Development Company ITEM NO. 6
REQUEST Public Hearing: Annexation & Zoning of 8+ acres from a C-2 zone to a proposed
C-G zone for Meridian Gateway - SWC of S. Meridian Road and W. Overland Rd
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached Staff Comments
CITY BUILDING DEPT:
1<tC 0 ¡MIYUi\ cU
MffðVoJJ
~
~!O
ß/Q
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
No Comment
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See attached Comments
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emailed:
Howard Foley
Date:
11'
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charies M. Rountree
~~d¡(;[n
IDAHO
LEGAL DEPARTMENT
(208) 466-9272 .Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax 898-9551
PLANNING AND ZONiNG
DEPARTMENT
(208) 884-5533' FAX 886-6854
To:
Mayor, City Council and Planning & Zoning Commission
Transmittal Date: November 18,2004
P&z Hearing Date: December 16,2004
RECEIVED
STAFF REPORT:
Subject:
Joseph Guenther, Associate City Planner
Bruce Freckleton, Development Services Manager ~
Meridian Gateway Corner
. Annexation/Rezone (AZ) Approval of 9.08 Acres ftom C2 (Ada County) to
C-G (General Retail and Service Commercial), by White Leasure
Development. (File No. AZ-O4-031)
CiTY OF MERIDIAf\J
From:
-::T'/ ::: r:~'I~"'~TI('r::
APPLICATIONS SUMMARY
The Applicant, White-Leasure Development Company, has applied for Annexation/Zoning
(AZ) approval of a conceptual commercial subdivision on 9.08 acres within the proposed CoG
zone and within the Meridian entryway corridor designation. The site is located at the
southwest comer of Overland Road and Kuna-Meridian Road (SH 69).
The subject development is eligible for annexation as it lies contiguous to the City of Meridian
on three sides and is within the urban service area. An existing nonconforming convenience
station as defined by Ada County Code is located on the southwest comer of Overland Road
and Kuna-Meridian Road. Another one of the proposed lots will be for a future large retail
building. The remaining two proposed lots will be utilized as small scale retail/service
locations. The Applicant is requesting conceptual approval for annexation purposes and has not
submitted a detailed site plan.
This property is currently zoned C2 in Ada County and is designated in the City's
Comprehensive Plan as "Commercial". A CUP/PD application will be required because there
are multiple buildings proposed on a single parcel and because the existing nonconforming use
is listed as conditional in the proposed CoG zone. The Applicant has not submitted detailed
plans for the proposed or existing projects and is requesting only conceptual approval at this
time. All future development within the boundaries of the site, including the re-development of
the site of the convenience store, will require a detailed conditional use permit.
AZ-04-031
M~¡<funG"="y.AZ.d"
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: December 16, 2004
Page 2
Applicant has not addressed the landscaping and other land use buffers adjacent to Kuna
Meridian Road. The Applicant has not proposed open space or amenities and should be
addressed upon Preliminary Plat, Planned Development, or Conditional Use approval.
The Applicant is considering two new access points: one new access onto Kuna-Meridian Road
(SH 69), a principal arterial roadway, and one access point onto Overland Road, a collector
roadway. Kuna-Meridian Road is under the jurisdiction of the Idaho Transportation Department
(ITD), and Overland Road is under the jurisdiction of the Ada County Highway District
(ACHD). See the "Findings" in the Annexation & Zoning section ofthis report, and the required
correspondence ftom ACHD and lID for detailed analysis of the proposed access points.
Ada County Development Services has been in contact with staff outlining the various code
inftactions on this site. The letter explains that there are uses on this site that that have not
obtained the County's approval and are in violation of the Ada County Code. In addition to the
illegal use of Junkyard/Outdoor storage, there are areas that have not been properly screened. See
the "Findings" in the Annexation & Zoning section of this report for detailed analysis.
Staff has provided a general analysis for the requested annexation and zoning applications
below. Staff is recommending aooroval of the subject annexation (AZ-04-031) subject to the
comments included in this report.
LOCATION
The subject site is located on the southwest comer of Kuna-Meridian Road (SH 69) and
Overland Road, within Section 24, Township 3 North, Range I West.
SURROUNDING PROPERTIES
North - Mr. Sandman Sub #2 and Interstate Center Sub, zoned C-G with an existing
convenience station
South - Elk Run Sub, currently used for Residential purposes, zoned R-8
East -Southern Springs Sub #2, zoned CoG
West - unplatted, zoned CoG
OWNER OF RECORD
The property owners of record are William and Mary Howell, who have provided notarized
consent for Jeff Huber of White-Leasure Development., to submit the subject applications.
ANNEXATION AND ZONING FINDINGS
The legal description submitted with the application meets the requirements of the City of
Meridian and State Tax Commission. The subject property is within the Urban Service Planning
Area.
AZ.Q4-0J[
C"~'ryC"=.AZ.d",
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: December 16, 2004
Page 3
Because there are existing commercial uses on this site, staff has combined the analysis of use
with the annexation and zoning findings.
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to 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."
The following is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are
anticipated to provide a full range of commercial and retail to serve area residents and
visitors. Uses may include retail, wholesale, service and office uses, multi-family
residential, as well as appropriate public uses such as government offices. Staff finds that
the requested C-G zoning generally conforms to this stated purpose and intent of the
Commercial designation.
Staff finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below
policy):
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII,
Goal IV, Objective D, Action item 2)
The Idaho Transportation Department (ITD) has a policy for access to a Type IV
Principal Arterial will be at intersections only, and spaced at one-half mile intervals
in urban areas. ITD allows approaches (other than intersections) in special cases and
on a temporary basis. Staff finds that the proposed access points to Kuna-Meridian
Road (SH 69) and Overland Road shall be subject to the location requirements of
ITD and ACHD respectively. In compliance with the Meridian Comprehensive Plan
no curb cuts shall be allowed on Kuna-Meridian Road (SH 69).
.
"Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item
4)
The Applicant has not addressed landscaping adjacent to the existing uses that are to
remain on-site. ITD has a policy that its future right of way width on Kuna-Meridian
Road will be 120-feet on each side of the centerline (240 feet total) for building
A2-04-031
C'wrt'YC'm~.AZ.d"
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: December 16, 2004
Page 4
setbacks and to include a frontage road; or, 70-feet each side of centerline (140 feet
total) if the developer provides an internal frontage road type system to feeder roads.
The general requirements of ITD would not be in compliance with the existing use
and would require compliance upon approval of a detailed site plan and/or
subdivision and/or conditional use permit issuance.
Staffjìnds that the existing building setbacks, landscape inadequacies, and the
potential for right-of-way acquisition create a unique situation for the site. In order
to mitigate anticipated problems a development agreement will be required.
.
"PeITIlit new. . .commercial development only where urban services can be
reasonably provided at the time of final approval and development is contiguous to
the City." (Chapter IV, Goal I, Objective A, Action item 6)
The Meridian Fire Department has not submitted written comments for this site as the
plans submitted based on the conceptual retail use only. One of the comments
received from the Fire Department states that the existing convenience store has
several items of concern that would require compliance upon approval of a detailed
site plan and/or subdivision and/or conditional use permit issuance.
The subject site is readily serviceable by City of Meridian's sanitary sewer and water
systems.
.
"Locate new community commercial areas on arterials or collectors near residential
areas in such a way as to complement with adjoining residential areas." (Chapter VII,
Goal I, Objective B, Action item 5)
The subject property has frontage on both an arterial roadway, Kuna-Meridian Road,
and a collector roadway, Overland Road. The existing uses adjacent to this site have
not yet developed to the expected residential densities or Commercial uses
anticipated in the Comprehensive Plan. Because the adjoining properties are still
somewhat rural in nature, the development of retail uses as described in the
Conceptual plan may complement the existing uses. Depending on how the rest of the
site builds-out, this development mayor may not compliment adjoining residential
developments to the south and west of the site.
.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal I, Objective B)
The proposed and existing uses do provide a variety of commercial uses in this area,
as envisioned with the Comprehensive Plan.
.
"Require all commercial businesses to install and maintain landscaping." (Chapter V,
Goal III, Objective D, Action item 5)
AZ.O4.031
Co~byCom~AZd",
Planning & Zoning Commission/Mayor & City Council
P &Z Hearing Date: December 16, 2004
Page 5
The Applicant has not addressed the requirement to install landscaping adjacent to
the existing commercial uses that are to remain on-site. Staff has conditioned that the
required setbacks for Landscaping and Buildings be installed upon reception of a
detailed development proposal and prior to issuance of any building permits to
facilitate the Entryway Corridor comprehensive goal, the anticipated roadway
requirements of lTD and ACHD, the Meridian Fire District, and the City of Meridian
Zoning Code.
.
"On-street bikeways should be incorporated on all future Collector streets." (Chapter
VI, Figure VI-5)
Figure Vl-5 on page 57 of the Comprehensive Plan designates a bikeway on both
Overland Road and Kuna-Meridian Road adjacent to the site. The Applicant has not
addressed the issues of bikeways adjacent to the site. Staff is recommending that the
Applicant work with ACHD to provide a bike lane on Overland Road, but not Kuna-
Meridian Road. Because the posted speed limit on Kuna-Meridian Road is 55 MPH,
staff does not believe that a bikeway should be required.
.
"Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" ftom the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Objective A, Action item 3)
This publication encourages jurisdictions to establish bikeway and walkway facilities
in new construction and reconstruction projects, in a manner that is safe, accessible
and convenient. The detailed site plan must address these issues. .
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
Staff does not anticipate that the Applicant intends to rezone the subject property in the
future.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning - for example, a residential
area turning into commercial area by means of conditional use permits;
Convenience stores require conditional use permit approval in the C-G zone. Residential
uses are prohibited in the CoG zone. The existing Junkyard business is not allowed in a
CoG zone and would be required to conform to the submitted conceptual plan and cease
operation. The purpose of the C-G District is to provide for commercial uses, which are
customarily operated entirely or almost entirely within a building (MCC 11- 7-2.K). Staff
finds that the proposed convenience store and the existing Junkyard are not principally
permitted uses in the CoG zone. The convenience store would require separate
conditional use approval. The existingjunkyard is prohibited and does not conform to the
proposed zoning.
AZ-04-OJI
Co~,'Y Co=.AZ.oIo,
Planning & Zoning CommissionlMayor & City Council
P &Z Hearing Date: December 16, 2004
Page 6
D.
E.
Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Southern Springs Subdivisions 1-3 have recently been annexed and developed with
commercial land uses in this area. There are several developments in the area that have
developed in a fashion similar to the proposed rezone area.
Kuna-Meridian Road was recently widened in this area by lTD. Overland Road is
scheduled by ACHD for improvements in the current Five Year Work Program or CIP.
The intersection of Overland Road/Kuna-Meridian Road is a signalized intersection with
directional traffic being controlled. The Commission and Council should rely on the
preceding facts and any public testimony to determine whether the changes in the area
dictate that this area should be annexed into the City and zoned C-G at this time.
Will the proposed uses 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;
Staff finds that the proposed CoG zone with the proposed retail uses if designed,
constructed and operated in accordance with adopted city ordinances, should be
harmonious and appropriate in appearance with the intended. character of the vicinity.
The site is intended to be utilized for commercial uses which, based on the
Comprehensive Plan description, will have such uses as retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as
government offices. The existing uses do not conform to the harmonious and appropriate
appearance of the existing general vicinity and would be required upon redevelopment to
conform to these goals and policies.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The existing uses on the site are hazardous to neighboring uses. Accessory to the existing
businesses, there are chemicals, gasoline, and assorted automobile wastes stored on this
site. Appropriate buffers should be required on the north and east boundaries of this
development, as the abutting uses are less-intense than the proposed and existing uses
(see MCC 12-13-12-4). The Commission and Council should rely on public testimony to
detennine whether the proposed uses will be disturbing or hazardous to the neighboring
uses.
G.
Will the area 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;
AZ-O4-0JL
C"_C"rn~AZd",
Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: December 16, 2004
Page 7
Staff finds that the recent roadway improvements to Kuna-Meridian Road (SH 69) should
be adequate to serve this project for the short term. However, ITD has indicated that SH
69 is not constructed to its ultimate section and will need to be widened again in the
future. Based on recent correspondences, ITD needs additional right-of-way and/or a
ftontage road adjacent to/through this property. Improvements to Overland Road in this
area have not taken place in the recent past, and except for the signalization at SH 69,
improvements are anticipated within the next 20 years. Based on past correspondence
with ACHD, Planning staff believes that this site will add a significant amount of traffic
to the roadway system upon build out. This site has over 500 feet of ftontage on Overland
Road. Based on future development applications staff is conditioning that the Applicant
enter into a development agreement with the City to require improvements (landscaping,
sidewalk, bike lane, road widening, turn-lane, etc.) to Overland Road, subject to ACHD
requirements, with site-specific standards conditions to be met in accordance with
approval of the subject development.
On December 3, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Department
has concems with serviceability of this site, as it contains several non-confonning uses
that do not meet standards for service. Because the applicant has not identified all future
buildings within this development, such buildings will be subject to further review and
comments by Meridian Fire Department.
The Commission and Council should reference any written or verbal testimony submitted
by the Meridian Police Department, and any other agency not listed above, regarding
their ability to adequately service this project.
Staff finds that the property proposed for annexation can be served adequately by all
essential public facilities and services as conditioned.
H.
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;
If this annexation/development is approved, the developer will be financing the extension
of sewer, water, local/internal street inftastructure, utilities and irrigation services to serve
the project. The primary public costs to serve the future site will be fire and police
services. Staff finds that this development will not cause excessive additional
requirements at public cost.
I.
Will the proposed uses 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;
Staff finds that the convenience store uses involve activities, processes, materials,
equipment or conditions that could produce excessive traffic, noise, fumes and/or odors,
AZ-O4-O31
CO~"YCo~,.AZ.do,
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: December 16, 2004
Page 8
as well as other negative public impacts. A kev Question that should be discussed at the
public hearing is whether the impacts will be "excessive." MCC 11-12-2 and 11-12-3 are
intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. In
the Applicant's letter, they do not address the convenience store. Conditions associated
with a CUP and/or Development Agreement could establish use parameters that would
prevent detrimental effects. In order to establish guidelines to mitigate the anticipated
detrimental aspects of the proposed and existing uses the Applicant should clarifv the
proposed uses during the public hearing.
J.
Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
Staff finds that any future uses !lli!Y impact the level and flow of traffic on the
surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII,
Goal IV, Objective D, Action item 2).
ACHD has not evaluated the proposed access to this site ftom Overland Road, while ITD
has jurisdiction over access to Kuna-Meridian Road (SH 69); The ITD and ACHD reports
for future site projects should provide additional information regarding this portion ofthis
finding. Staff feels that the accesses will be adequately addressed by future applications.
lTD has indicated to the City the policy for access to a Type IV Principal Arterial (SH
69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD
allows approaches (other than intersections) in special cases and on a temporary basis
(see letter ftom ITD). ITD's policy on approaches lessens the ability of driveways to
create interference on the roadways. Staff finds that no curb cuts or access to Kuna-
Meridian Road shall be taken ftom this site upon development.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or
destroyed by allowing this site to be annexed, zoned and developed with commercial
uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance. Future development shall be in compliance with the Scenic
and Historical Byway goals and policies.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592,11-17-1992)"
Staff finds that the annexation and zoning of this property as mitigated through a
development agreement may be in the best interest of the City for the following reasons:
. the developments in the area have developed in a fashion similar to the proposed
rezone area (commercial);
AZ-O4-031
Co~t<yCom~.AZ.""
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: December 16, 2004
Page 9
. municipal sanitary sewer and water systems are readily available to provide service;
. the proposed retail stores use may involve activities, processes, materials,
equipment and/or conditions that will produce additional traffic, noise, fumes
and/or odors, as well as other negative public impacts that can be mitigated through
development of the site;
. the existing uses that are to remain, signage, landscaping, public infrastructure
(sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into
compliance with current City Code upon development of the site;
. the existing building setbacks, landscaping, and lack of a frontage road or
accounting for additional right-of-way on Kuna-Meridian Road does not meet
policies outlined in the Comprehensive Plan and Meridian City Code and would be
required prior to redevelopment of the site;
. Mr. Howell has the following violations of Ada County Code, Title 8 existing on his
property that will be mitigated through redevelopment of the site:
. According to the Ada County Code Enforcement Officer, Mr. Howell has a non-
permitted Junkyard. At the present time without having an approved detailed site
plan, the area where the existing junk automobiles are being displayed is in violation
of Ada County Code.
ANNEXATION AND ZONING COMMENTS
1. The legal description submitted with the application meets the requirements of the City of
Meridian and State Tax Commission and places the parcel contiguous to existing city
limits.
2. The subject property is within the Urban Service Planning Area. Essential City services
can be made available to the subject property.
3. All future development on said property shall comply with the City of Meridian ordinances
in effect at the time of application.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered
into between the City of Meridian, property owner (at the time of annexation ordinance
adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-
4433 to initiate this process._The DA shall incorporate the following:
. All future uses on proposed lots or parcels within the annexation area shall be approved
through the Conditional Use Permit process.
AZ-04-031
Co~ttyCorn~AZd",
Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: December 16, 2004
Page 10
. Prior to issuance of any building permit on the subject property, all existing uses shall
be properly abandoned or brought into compliance with the Meridian City Code,
Meridian Fire Department, and subject to the conditions of ACHD and lTD.
MERIDIAN FIRE DEPARTMENT CONDITIONS (AZ-O4-03n
The Meridian Fire Department has not provided written testimony for the annexation. The fire
agency has indicated to staff during the agency comments meeting that they would be requiring
compliance upon redevelopment of the site. In particular, they noted the following specific
concems:
. The underground storage tanks for the convenience store shall be verified as registered
with the Department of Environmental Quality
. The tank located at the right of way between Overland Road and Kuna-Meridian Road
(SH 69) shall be relocated to an appropriate location.
. All flanunable fluids contained in the junkyard shall be disclosed and/or stored in an
appropriate and defined location.
. The remediation of any gasoline spills shall be verified as clean or in progress of being
remediated.
RECOMMENDATION
Due to the fmdings listed in this report, staff recommends approval of the
annexation/zoning (AZ-O4-031) subject to the comments contained in this report.
AZ-04-031
Co="yCom~.AZ.do'
"-'
1!1 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
\!i' BtðL!~ Environmental Health Division
Rezone # I} z:. 0'/ - 03 /
Conditional Use #
Preliminary / Final/Short Plat
/J!/?¡¿/fJ/ðAl
(Ó}f-rff úJl9- Y
Return to:
0 Boise
0 Eagle
0 Garden City
ßj'Meridian
0 Kuna
OACZ
Star
0 1. We have No Objections to this Proposal.
0 2. We recommend Denial of this Proposal.
0 3. Specific knowledge as to the exact type of use must be providad,before we can comment on this Proposal.
0 4. We will require more data concerning soil conditions on this Proposal before we can comment.
05.
DEC - 3 200~
City of Meridian
City Clerk Office
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
0 6. This ollice will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
07. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
'f;/ o. After wrttt~approval from appropriate entities are submitted, we can approve this proposal for:
r entraisewage IDD community sewage system 0 community water well
Interim sewage entral water
0 individual sewage individual water
~. The following plants) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division ~f nvironmental Quality:
entral sewage g, con. .community sewage sy.stem 0 community water
sewage dry lines ~tral water --
Run-oil is not to create a mosquito breeding problem.
~o.
0 11. This Department would recommend deferral until high seasonal gl'Ound water can be determined if other
considerations indicate approval.
012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
0 13. We will require plans be submitted for a plan review for any:
0 food establishment 0 swimming pools or spas
0 beverage establishment 0 grocery store
--14. Please see attached stormwater management recommendations
015.
0 child care center
-14i'¥
Reviewed By: yY/. .
Review Sheet
15726.00"H0904
-- -
\
\.
MAIN OFFICE' 707 N. ARMSTRONG PL . BOISE, 1083704-0825' (208) 375-5211 . FAX 327-8500
To prevent and treat disease and tÜ3abllity; to promote healtJlY lifestyles; and to protect and promote tl.e health and quality of om' envlronme,,'
STORM WATER MANAGEMENT RECOMMENDATIONS
It is recommended that storm water be pre-treated prior to discharge to the
subsurface to prevent impact to ground water and surface water quality. The
engineers and architects involved with the design oftbis project should obtain
cprrent best management practices for storm water disposal and design a
storm water management system that is preventing groundwater and surface
water degradation. Manuals that could be used for guidance are:
State of Idaho Catalog of Storm water Best Management Practices For
Idaho Cities and Counties.
Prepared by the Idaho Department of Environmental Quality, July
1997.
StormwaterBest Management Practices Guidebook.
- Prepared by City of Boise Public Works Department, May 2000.
Ada I Boise County Office
707 N. Armstrong PI.
Boise, 10 83704
En~ro. HeeUh: 327-7499
Famiiy Piennlng: 327-7400
immunizations: 327-7450
5enior Nutrition: 327-7460
",or. ,n,".
Serving Valley, Elmore, Boise, and Ada Counties
Elmore County Office
520 Eo 8th St. North
Mountain Home, ID 83647
Emiiro. Health: 587-9225
Famßy Health: 567-4407
IITC: 567-4409
fAX: 587-3521
Valley County Office
703 N. 1st St.
~o. Box 1448
McCall, 10 83638
Ph. 634-7194
FAX: 634-2174
L""'.I2="'"
FOLEY, FREEMAN, BORTON & STERN, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 10
77 EAST IDAHO
HERITAGE BLDG., SUITE 100
MERIDIAN, IDAHO 83680
HOWARD R. FOLEY
MARK S. FREEMAN
JOSEPHW. BORTON
FRANCES R. STERN
PAULJ. FITZER
TELEPHONE: (208) 888.9111
FACSIMILE: (208) 888-5130
WEB SITE: wwwfoleyfreeman.com
December 1,2004
RECEIVED
DEC - 3 21JO1t
Mr. William G. Berg, Jr.
City Clerk,CitY ofMeridHm
33 East Idaho
Meridian, Idaho
City of Meridian
City CI~rk Office
Client:
Application of White-Leas ure Development
Rezone of 8+ acres
Known as "Meridian Gateway" Project
Bonnie and Bruce Kuhl
Re:
Dear Mr. Berg,
I write on behalf ofMr./ Mrs. Bruce and Bonnie Kuhl regarding the above reference
rezone application filed by White-Leasure Development with the consent of the titled owner
of the subject property, Mr. William E. Howell. Mr. Kuhl has owed the property contiguous
to the west of the subject property prior to the time Mr. Howell came into title, in November
1974.
~-" ..Partof tire app¡¡tJmíOT!"i!looumentatìons~m'tõ llié City is tTieWaiTanty-deed
wherein Mr. & Mrs. Howell obtain title from John W. & Ruth Kelly. Also submitted is a
legal description prepared by Roylance as surveyor for White-Leasure Development. The
legal descriptions in these two documents are inconsistent with each other. In particular the
1974 warranty deed purports to deed property ftom the Overland! Meridian- Kuna road west
along Overland road 549.20 feet while the Roylance legal description extends only 525 feet
west along Overland road.
The 1974 deed is in error and properly should have extended only the 525 feet west
along Overland road. My client's deed which pre-dates the 1974 Howell deed includes that
24.20 feet along their and the Howell property line (Kulh's west boundary - Howell's east
boundary).
To the extent the application by White-Leasure seeks to rezone these 24.20 feet of my
clients' property without their approval or application, please accept this letter as a protest to
any such action or resulting ordinance of rezone. To the extent that city rezone includes only
525 feet west along Overland road, as I have described above, the Kuhls have no objection to
action by the city allowing the rezone.
Sincerely,
FOLEY, FREEMAN, BORTON & STERN, CHTD.
cc: Clients
White-Leasure
Roylance surveyors
--- ---
.~- -- _.----- ----- ______H_-