HomeMy WebLinkAboutUtility Sub AZ 01-015June 17, 2002 AZ 01-015
MERIDIAN PLANNING & ZONING MEETING June 20, 2002
APPLICANT Falcon Creek, LLC ITEM NO. 7
REQUEST Continued Public Hearing from May 16, 2002 -- Request for annexation and zoning
of 34.60 acres from RUT to I-L zones for proposed Utility Subdivision ~- 336,5 North Ten Mile Road
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
See previous Item Packet
See Attached Comments
CITY PLANNING DIRECTOR:
See Aflached Comments
CITY ATI'ORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Materials presented at public meetings shall become properly o! the City of Meridian.
JUN 2 O 2002
CITY OF .~'VlERIDIAN
TITLE 67 STATE GOVERNMENT AND STATEAFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING
67-6537. APPLICATION TO GROUND WATER. When considering amending,
repealing or adopting a comprehensive plan, the local governing board shall consider the effect
the proposed amendment, repeal or adoption of the comprehensive plan would have on the quality
of ground water in the area.
;
JUN 2 o 2002
CITY 0i ~2/DL%N
lneouity, e~pe~;.wy ~^ h.:a on~ ~mighbor-hood is shouldering the b~den for ~ entffe ~i~.
* noise
. odors
. prevailing a~r c'.~:-".:: ~'~
. emissions, inci;;,lh~g :he combined effect of emissions kom neighboring sites
, traffic patterns ~,r~! adectm~e space tbr truck movement
- buffer ZOlle5
. waste streai's
. No materiaJs <:cc',,~¢r5' ~:~*J ¢>:c, cessing outside of building
. public versus; ',rrt~crc[:ti 43ste streams
. l~d vak~es of adjacent ;~r'c, pe?ty
. proximky to x, at,:cw; ys :,r,d ~ood plane
Limit future ........ '
. dust and tratUc patterns
. compliance issues~medicai and hazardous waste, industrial wastes
. use of close~ containers, compactors, balers, and other consolidation equipment; wrapping
and containerization of waste
. tipping floor c~,:aning reqk~irements
. emergency cpc~'adons, including spill containment
. housekeeping
. queuing and scixeduiing cf truck traffic
. minimizing truck ::misska;s a::d noise during deliveries, unloading, and loading
. site security, and ,~ o.:,o~*- ' ,',~' illegal, dumping
. Public inspectic-ns
. complaint '"'~'
. Pathways
. Roadways g~ a:; iri~ t,Im we i g~t ~ imits
'. existence ol' bt~!:~:br z,:me:; and natm'al screening (e.g., natural vegetation, elevation
differential)
. wind directioa with ~-esp,zct tc, adjacent land uses
. shallow ~q'oundwat:r
. compatibility v, itH exlst!pg and projected !and uses
. setbacks and isolation fi'~)m s;ensidve areas
onsite and .a: :~ .
0
. management c,;' hazardo';; ,:;r dangerous waste, including tempora~ storage, regulatow
notification, ape i,cal~;i ar',d 3a:,2ty precautions
co,a,.:, ~. include outside emergency response
. tire preven[ic;: a~d. ~ '
. contingency ol.,,zrr~tlolss ir} t};¢ e"ent that the disposa~ site, the haul route, or transfer
equipment gO:es
contingency ¢:,~m in :vt:V: o[' ioss of'power or loss of communications
Building and grc:cmds
Building orieutafio~ with req,.2ct to predominant wind direction
Road sweeping ' waterh:z5
JUN 2 0 2002
Waste processing only inside building
Perimeter fencing to contain litter
Avoid horizonta! ledges where litter accumulate
Enforcement of load tarpiag requirements
Mu~ers and no~se abatement on trucks and equipment
Exhaust fans w~:~ air fi!te~'s
Odor-masking :~s~-s~ ~te,n
Removal ot'a~l waste ~y e~:~ vfday
Traffic Signs, ,;i~m~s.. an~5 (:,;~vcmem markings
Accelecation/dc :cler:ri,.>n t,~,ncs
Operating l:our,; :tied d, eiivc?,-schedules
lntersecrion/~ tt? ~:.:c dcsi?
Limit size to '.'-:~:w.-9::r day trai~g'f'e: :staticn
I.imit operating hour:~ compatible with the surrounding communi~.
Traffic is frequent:) ,t traa~fer auCic, n's most significant community impact.
Waste collecticn trucks can t~e up to ,-",.0 feet long. Transfer trailers that move
waste to a disposal :gc'ility are typically 50 to 70 feet long. These vehicles need wide
roadways with gradual :dopes and curves to maneuver efficiently and safely. Also, the
site will need spuc._' for parkin,_, traI:sliar vehicles.
At peak times, vehicles must ogte,a wait to check in at a facility's "gate-house"
or "scale house." It is imponaut that the queue (line) not block public streets or
impede vehicular ot pedesn'in;.', traffic.
Providing acccler:~tiea a~cl deceleration nlanes that allow vehicles to enter and leave
the flow of offsite ?affic smo,.',tl:l.x., reducing congestion and the likelihood of accidents.
Truck and traffic compatibility: Transfer stations often receive surges of traffic when
collecticn vebic!es i:av¢ fir. isi:,c:d their routes. Transfer station traffic varies locally,
but teno~ to w:ak t,~'ice ;., day. 'i'he F,l'st peak is o'?ten near the middle of the day or
shift, and the secoae at the end ,:.r' tt:e lay or shift. Therefore, the best sites for transfer
stations are locate,! a,.,;a? ,%t:~ areas that have midday traffic peaks and/or school
bus and pedestria'~ ::ralVc.
Open spaces, fence:-:, sound wa.l!:~, trees, berms, and landscaping.
· Number of residenc,:.~ iinl3a.:.'.ted.
· Financial suppon %r regulat,~.r:, agencies to assist with facility oversight.
· Independent third-party inspc, crion t,f hcilities.
· A fee paid to the ioce.[ govervmc~,,t Ibr every ton of waste received at the facility,.
· Free or reduced-cost use of ?~e facility tbr t~e community's residents and businesses.
· Funding for road or :~ri~it)' im?o,,ements.
· Financial suppo~n !~>r other :c~,r, munity based activities, such as Pathways.
Develop a clear process tbr ;id Jc.:ss!ng con, munity concerns at the disposal facility
Building orientation to prevai!!~g wind
Description of ace.eatable and ;.~nacceptable wastes, and procedures for diverting
restricted waste befbre aml after i,:ioading.
The term "neighbvr'";l~ould be broadly interpreted, as some of
those impacted might m~t be inmlediately adjacent to the transfer station. For example,
vehicles traveling :o zmci ti'om ~t transfer station could significantly affect a residential
neighborhood a m.le :~v, ay ii' tht~se vehicles travel on residential streets.
An important part o i' .~'.xcc ~ssful ~:'ans fer station operations is engaging in constructive
dialogue with the ,. ur:'o~:,,dmg c,?mmuni~'.
odor reportin,_.g hotl ic.,e
transfer station fha; ~v~:id con.,.;e'_.'..re:.~ .~reas,residential areas, and other sensitive areas.
Transfer stations ,::}~ ?~:.~ a si?iiSca~t :;ource of noise, which might be a
nL.fisance to ,elgix. ::,o.~':~. [~eavF '::',lc:.- '~raffic and tile operation
of'heavy-duty tgci:~i~,, ~:q.sipn:u:~ m'e ihe primary sources
of noise from a ?:-~;:-~:;ti::r station. ()~).~it~ trnA'lie noise in the
station's vicinily %~i!t be i.~er,~¢k.,.*'3 as noise fi'om the station itselfi Equipment noise
includes engines, backuc, alar~r,s ,'beegers), hydraulic power units, and equipment buck-ets
and blades ba,~ging a~d scraping on concrete and steel surfaces. The unloading of
waste or recyclablcs (i~anicularly gtass) onto a tipping floor, pit, steel drop box, or trailer can
also create substa~tiat noise. 3,z~ending on tile type of'waste, fall distance, and surhce.
Stations that use .~tationary. solid waste compactors or engine-driven tamping equipment
have additional sources c.f mechanical equipment noise with which to contend.
Keeping as man3 doors c!osed during station operating hours as practical.
Providing sound-absorbent mater/als on building walls and ceilings.
Odors
MSW, tbod v,'~ts~e, and c~rtai~ yard wastes such as grass have a high potential for odor
generation. Odors mi'-_,ht inc~'c~se dm'lng warm or wet weather. Thus, transfer stations
handling these was, les :~eed to ~'3dress odor management based on current and projected
acljacent land uses.
Carel'idly orit:ntin!.,. ;i~e ':):iitdil;g ~md its dr,,orways with respect to odor-sensitive
neighboring propc:ty .'.~d c!o,.ir~g a'.~ many doors as practical during operating hours.
5:ealing concrete aqd .',thor se:pt;>ornus surfacesto prevent absorption of odor-producing residues.
hlcorporating od~.r neut:'alizing systems.
· IVlinimizing onsite waste ..... ~., ~.oth in the Ii~cility and in the loaded trailers, by
i~mnediately loading ~,.to.,'ous or ?cv't~tia!ly odorous wastes into transfer trailers and
quickly transfenring them !o .q~-~ :~l',s?sal site.
Air emissions at ~r~nsti:.r qrati.-ms re~;ul,* from dusty wastes delivered to the transfer station,
exhaust (particularly gie...'el) from mobile equipment such as tmc~ ~d loaders, ~iving
on unpaved or dos? ~.~'titces. ar<i cleanup operations such as s=eet sweeping
· Paving all ~affic ca~'=?i~g s~,r?oces.
· Keeping paved st~r~hc.:'s and Q' ',, ~
~.,o~,.g floors clean, and ensur~g any s~eet sweep~g
operations use suffic~em water to avoid stirring up dust.
· Diverting odoro~.~s .,,.'a.sre :oads to !~acitities with less sensitive s~oundings.
Minimizing idling c. fequipmc~a by turning offengines when not in use.
· Cleaning truck bodies and tit:ts to reduce tracking of di~ onto s~eets.
· Using enclosed trailers ~vhe~e,,'er'~,ossible when loaded trailers must sit on site temporarily
before lrans/kr.
· Practicing "Sr:',t-.i~. tScs:-out" ~a.s~e handling practices so wastes are not allowed to sit on site for long
periods ,'.,f liwe.
· Keeping buil,:lia~,. ',:
~ ....... , i-asln~. !2eot drah~s and drainage systems clean so odor-causing
residues do not bu~td tsp.
· Installing mistin,__' s3 :,~e;'..~g h, .~:~p:..,rcss dust inside the building or using a hose to spray
dusty wastes as ~cy .~:'c a~:icaded ;.tnd rt~oved to the receiving vehicles
· Maintaining e~:;ine~-, i, 2?o?z~' ope,'tting condition by perfoming routine rune-ups.
Locating stations ,':ut:,ide ieee:-.! !~ .,od zones.
landscape allci v2g: :~:i,.:or. r...:, ::;. ~ ,.:~' al'cas ~o reduce total runoff.
Cover customer .,.~:bic,e~ ~he :h. :: ?:':)blem is often most prevalent on mutes leading to the
station. Dr).. }iCh? !Ea,.:2;i.'..i:3 ~';,ch :..; F..',astic g:ocery bags can be blown fi.om the backs or
tops ofvehicie:;...>r i',r:,)!}i :_bC til;?;i'..~ area.
Conducting a:! v,a:;t.~ h.,.c, dl in.2, a,'.d .,orocessiag activities in enclosed areas.
Rodents. insects, a~M .se.a,'engh:~: ~,irds.
· Eliminating or ,icrec:licg cracks er o~eni~*gs in and aromM building foundations, waste
containers, and hoid[ng 2ce~ts
· Strictly en.%rcir::.': it. ad :.t,v¢~ h:g or tarping. Decline uncovered loads
· Providing windh!'eaks m :ieO, ect ,,vied away
totally enclose the. wasts s~o:age area or to use a solid fence and gate the site.
Facility capacity ~r~d expecteo c. :crating life.
Public reco~'(~ ,,)~' ~,n:, t,; t:s~=a: events that took place at the transfer station, including
accidents and dis~ .'...,e:':c:, ,>r' :;:::.::.:.~'prabte wast.~.
t~. summaLx..' el: c,~,<~p~: !~=~. ~ce:'.'.:C :aM r~e ~,:tions taken to respond to the complaints.
Allow oni3' Ma;.,,icip~,! .,a';i5 ?-,;s:e !.;'vISW): Generally defined as discards routinely collected from
homes, businesses. ::i-~e !::sSr'..,:im2:,. add t|~e nonhazardous discards fi'om industries, or Construction and
demolition debris [(..:& ;.5:3: h'~;:',.:<ies broken concrete, wood waste, asphalt, rabble. This material can often
be separated for !:,et~ef'icial i~se.
if collected - Tif.,ping fee to ~e paid to City: The unit price charged at the disposal
site or {ransfer station tc a..'cem ;:~as:¢, usually expressed as dollars per ton or dollars
per cubic yard.
Waste screening: h;spec..tmg i,~comit~g wastes to preclude transport of hazardous wastes,
d,mgerous ~ubstan,.:'e..:, cr marer::~l:3 rhat are incompatible with transfer station or landfill
operations.
Meridian Fire Department
Jonah Silva
Deputy Chief
Meridian Fire Department
540 E. Franklin Rd.
Meridian, Id g3642
(208) 888-1234
June ! 7, 2002
TO:
Meridian Planning & Zoning Conmtission
SUBJECT:
FROM:
Utility Business Subdivision Revised File~# I~
Joseph Silva, Deputy Chief, Fire Prevention
01-017
The tbllowing will be the requirements and/or concerns to provide mira'mum levels of fu'e protection for
the proposed project:
1. That a tim-flow as required by the Uniform Fire Code is provided to service the entire project.
Fire hydrants shall I~ placed m~ average of 350' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or penmnent street sigm are required before
combush~ole construction begins. LrFC 901.4.2 8:901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
Final Approval of the fire hydrant loeatiom shall be by the Meridian Fire Department,
$. All radii shall be 28' inside and 48' outside radius.
6. Insure that all yet undeveloped parcels axe maintained flee of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be a minirrmm of 37' wide and built to Ada County Highway Standards. UFC
902.2.1
8. AIl Cul de sac's shall have a radius of 50'.
9. The project shall be provided with two means of access from a main arterial.
10. The proposed buildi~.gs & uses shall con,ply with the 1997 Uniform Fire Code and applicable
Nat/onal Fire ~otectioa Association Standards.
1 I. Lois #2, 3, 4 & 9 shall be provided with a miaflmma of a 20' wide Fire Lane for access to these
lots. :' : .....
JU~ 17 '02
$95039~
PAGE.O1
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Keith Bird
T'-unmy deWeerd
Chede McCandless
William L. M. Nary
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 Cle& Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 9-88-2499 Fax 288-9_.501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211. Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533. FAX 888-6854
MEMORANDUM:
To: Mayor, City Council and Planning & Zoning Commission
From: David McKinnon, Planner II,[~
Bruce Freckleton, Senior Engineering Tech~
Re: Utility Business Park Subdivision
June 10, 2002
RECEIVED
JU ,l 17 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
· Request for Annexation and Zoning of 34.60 Acres fi.om RUT to I-L by
Falcon Creek, LLC (File AZ-OI-O15)
· Request for Preliminary Plat of 12 Building Lots on 34.60 Acres in a
Proposed I-L Zone by Falcon Creek, LLC (File PP-OI-O17)
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:
APPLICATION SUMMARY
The following report has been revised to reflect the changes to the preliminary plat
that have been proposed by the Applicant. Staff received the proposed changes on
May 10, 2002. The requested zoning designation is Light Industrial (I-L) for lots 1 and
2, and Limited Office (L-O) for the remaining lots (3-11). The 1-acre park in the
northwest comer has been removed from the plat leaving eleven (11) lots in the
subdivision. The cul-de-sac has been shortened, and the flag lots have been
reconfigured to provide one of the lots access to Ten Mile road and another to access
Ustick Road. A six (6) foot wide sidewalk has been added to the full length of the cul-
de-sac.
The Applicant has submitted a site plan and elevations for the SSC office,
maintenance building and waste transfer station. The Applicant hopes that the
Commission and Council will not require a conditional use peradt for the SSC uses
because the use is a pemdtted use in an I-L zone. The submitted site plan and
elevations are consistent with the required submittals for a conditional use permit
application.
AZ-OI-OIS, PP-01-017 Utility Subdivision
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 2
On February 19, 2002, the City Council approved a text amendment to the City's 1993
Comprehensive Plan that added the following statement to the current Plan:
Limited light industrial development may be considered immediately adjacent to the
City's waste treatment plant.
The City Council approved (but has not yet adopted) a new Comprehensive Plan on
June 4% 2002. The new Comprehensive Plan's Future Land Use Map designates the
area surrounding the waste water treatment plant as "Mixed Use - Waste Water
Treatment Plant" (MU-WTP), which would limit the type of uses allowed on the
subject property in the future and will require a conditional use permit for any use
proposed in the MU-WTP area. The City Council discussed the following types of
uses that would be appropriate (or inappropriate) within the new MU-WTP land use
designation:
Professional Office
Warehouse
Flex-space
Business Park
Mini-storage
No New Residential
The approval and adoption of the new Comprehensive Plan does not and should not
directly impact the annexation and preliminary plat requests, however upon
adoption of the new Comprehensive Plan all lots within the subdivision that are not
already approved for development will be required to obtain a conditional use
permit prior to development.
The Applicant, Falcon Creek LLC, has applied for the annexation, rezoning and
preliminary plat approval of a 34.6-acre parcel of land, located south of the Meridian
City Wastewater Treatment Plant. The applicant's preliminary plat request, if approved,
will split the property into eleven (11) building lots. The requested zoning designation
for Lots 1 and 2 of the proposed subdivision is Light Industrial (I-L) and the proposed
zoning designation for Lots 3-11 is Limited Office (L-O).
The Meridian City Code (MCC) defines the Light Industrial Zoning District as follows:
The purpose of the I-L Light Industrial District is to provide for light industrial development and
opportunities for employment of Meridian citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the development of manufacturing and wholesale
establishments which are clean, quiet, and free of hazardous or objectionable elements such as
noise, odor, dust, smoke, glare and that are operated entirely or almost entirely within enclosed
structures; to delineate areas best suited for industrial development because of location,
AZ-01-OI$, PP-01-017 Utility Subdivision.AZPP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 3
topography, existing facilities, and relationship to other uses. This district must also be in such
proximity to ensure connection to the Municipal water and sewer systems of the City. Uses
incompatible with light industry are not permitted, and strip development is prohibited.
The MCC defines the Limited Office District as follows:
The purpose of the L-O district is to permit the establishment of groupings of professional,
research, executive, administrative, accounting, clerical, stenographic, public service and similar
uses. R~search uses shall not involve heavy testing operations of any kind or product
manufacturing of such a nature to create noise, vibration or emission of a nature offensive to the
overall purpose of this district. The L-O District is designed to act as a buffer between more
intense nonresidential uses and high density residential uses, and is thus a transitional use.
Connection to the Municipal water and sewer system of the City is a requirement in this
District.
The Applicant has submitted development plans for Lot 2 of the proposed subdivision.
The proposed uses for Lot 2 include a waste transfer station, commercial vehicle repair,
storage and office. Staff will address the development plan for the SSC project in detail
later in the report.
The Development of all lots in the subdivision (including Lot 2) will be subject to a
Development Agreement. The Development Agreement will require a conditional use
permit for all uses listed as permitted or conditional uses in both the I-L and L-O zones
and will prohibit the following uses:
Truck Stops
Asphalt and Concrete
Bulk Storage of Flammable Materials
Fabricated Metal Products
Fuel Yards
Leather Products
Lumber Yards
Mobile Home Manufacturing
Molded Plastic Products
Processing Plants
Railroad Yards and Shops
The Applicant has shown a five-foot (5') wide pathway adjacent to the Five Mile and
Ten Mile Creeks outside of the subdivision boundary.
LOCATION
AZ-01-01$, PP-01-017 Utility Subdiv~ion. AZPP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 4
The subject 34.6-acre parcel of land is located on at the northwest comer of Ustick and Ten Mile
Road. The property is adjacent to the Meridian Waste Water Treatment Plant and is bounded on
the north by Five Mile Creek and Nine Mile Creek on the west:
SURROUNDING PROPERTIES
North: Meridian Wastewater Treatment Plant and Ten Mile Mini-storage, zoned I-L.
South: Englewood Subdivision and Dakota Ridge Subdivision, zoned R-4.
East: Hartford Subdivision and Bridgetower Subdivision, zoned R-4.
West:. A residential home (Charles Crane), zoned R-2 (City) and agricultural land,
zoned RUT (County).
ANNEXATION & ZONING ANALYSIS
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;
Staff finds that the requested zoning I-L or L-O is not in compliance with the
adopted Generalized Land Use Map, which designates the land to be agricultural/
rural residential. The recently approved, but not yet adopted, new Comprehensive
Plan designates the subject property as MU-WTP, allowing for a mix of uses (as
noted above. The new Comprehensive Plan does not include the recently
approved Comprehensive Plan Amendment that would allow "limited light
industrial uses" adjacent to the WTP.
This alone does not indicate that the requested zoning is not in harmony with the
Comprehensive Plan. Staff finds that there is evidence provided within the text to
determine that the requested zone change may or may not be harmonious with the
comprehensive plan.
The Land Use chapter of the Comprehensive Plan (pg.24) offers the following
policies that will support the requested I-L zoning:
3.5 Industrial development should be encouraged to locate adjacent to existing
industrial uses.
AZ. OI-015, PP-01-017 Utility Subdivision. AZPP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 5
aJ
Ce
3.6 Industrial areas should be located within proximity to major utility,
transportation and service facilities.
3.10 Industrial uses should be located where adequate water supply and water
pressure are available for fire protection.
The following policies raise questions concerning the requested I-L zoning:
3. 4 Industrial uses adjacent to residential areas should not create noise odor, air
pollution and visual pollution greater than levels normally associated with
surrounding residential structures.
The recently adopted Comprehensive Plan text amendment: Limited light
industrial development may be considered immediately adjacent to the city's
waste treatment plant. (Staff does not have a definition for "Limited light
industrial" uses, however the Light Industrial definition is listed above in the
report.)
Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the land to be annexed will be rezoned in the future.
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 nrea turning into commercial area by means of a conditional use
permits;
Staff finds that the property will be developed in a manner consistent with the
new zoning and/or consistent with the new MU-WTP land use designation.
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;
The existence of the waste treatment plant in this area has created many questions
concerning what uses are appropriate adjacent to such a facility. The City
Council has determined that "limited Light Industrial" uses may be considered
immediately adjacent to the WTP.
The City Council held a public meeting on April 17, 2002 concerning the land use
designation of the area, and introduced the aforementioned MU-WTP land use
designation, and discussed what uses would be appropriate in the new designation
as noted above.
AZ~I4llS, PP -~1-017 Utility Subdivision. AZ. PP.DOC
Planning & Zoning Commission/Mayor & City Council
June 1 O, 2001
Page 6
The "limited light industrial" comprehensive plan amendment is part of the 1993
Comprehensive Plan, and is not a part of the new Comprehensive Plan.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appenrance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The uses proposed by the applicant (office and industrial) will change the existing
nnal/residential character of the general vicinity. The current Comprehensive
Plan's Future Land Use Map indicates that the intended character of the area is
"agricultural/mi residential". The new Comprehensive Plan will change this
designation to the aforementioned MU-WTP. Staff recognizes that the
agricultural/rural residential designation of the subject property is inadequate in
light of the growth of Meridian in this area.
The Applicant has proposed just one (1) specific use at this time; a facility for the
Sanitary Services Corporation (SSC) (parking and maintenance of garbage tracks
and a solid waste transfer station). Development plans have been submitted for
the proposed uses and should be highly scrutinized at this time to determine if the
uses are appropriate and harmonious with the existing and intended character of
the general vicinity.
Staff has reviewed the submitted site/landscaping plan and elevations for the SSC
complex and off the following observations concerning the proposed uses:
· Staff is uneasy with a waste transfer station that is essentially a three sided
100'xl00' building (three 100' wails and a fourth wall with a large 76' wide
opening). Staff agrees with the orientation of the opening, but the inability to
dose a door and secure the building from winds, weather, and animals is a major
concern. The lack of an operating door will also hinder the ability to control odors
that may emanate from the transfer station. The proposed venting of the building
does not stop odors from leaving the open end of the building.
· The Applicant has addressed the issue, of noise that will come from the use of
industrial compactors within the facility and have proposed to locate the
compactor entirely within the building, enclosed by concrete walls.
· The applicant is not proposing to landscape the entire perimeter of Lot 2, just the
part of the lot that they will be developing at this time. Staff would prefer to see
the entire perimeter of the site landscaped at the same time, as it is one lot.
Furthermore, the landscaping for the perimeter of the lot will be adjacent to the
proposed multi-use pathway.
AZ-OI-015, PP -01-017 Utility Subdiviaion. AZPPIJOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 7
· There are no fencing details provided by the Applicam, however the application
materials submitted to the city indicate that they would like to install a chain-link
fence with barbed wire around the portion of the site to be developed at this time.
Staff feels that the fencing for the em[re lot should be done at the same time. Staff
does not support the chain-link security fence on the property line immediately
adjacent to the proposed pathway adjacem to the Five Mile Creek.
· Staff supports the wider than required landscape buffer on the south side of the
waste transfer station.
· Staff supports the design of the proposed office/maintenance building, but
would recommend breaking up the large expanses of metal siding with some form
of wainscot or other architectural treatment along the eastern side of the building.
The applicant did not provide elevations of building "C" (the track parking
building). Staff would like the opportunity to review the design of the structure
prior to recommending approval.
· Staff has concerns that the proposed waste transfer station, large commercial
vehicle repair and storage uses are not "Limited Light Industrial" uses when
considering the MCC def'mition of the Light Industrial Zone.
The aforementioned use and all other proposed uses, as submitted by the
Applicant, will be required to go though additional zoning approval (certificate of
zoning compliance or conditional use permit) prior to construction and operation
on this property. If the Commission and Council determine that the proposed use
and that all other uses will require a conditional use permit it should be noted in
the development agreement.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Go
The Commission and Council have received and listened to a large number of
negative comments regarding this project and how it will be disturbing to the
neighboring residential uses. The Commission and Council should continue to
take and rely upon public testimony to determine if the proposed Use(s) actually
be will be disturbing or hazardous to the neighboring residential uses.
When making this finding please consider the fact that the SSC property (Lot 1,
Block 2) is adjacent to the WTP and that the lot is several hundred feet (200+)
away bom the closest residential use.
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
AZ-01-OI$, pp =01-017 Util~ Subdiv~ion.AZPP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 8
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Staff finds that additional roadway improvements will be required to handle the
additional traffic generated by this development; however ACHD has approved
the applicant's project with surrounding roadway improvements to be installed at
a later date. All other public services and facilities appear to be adequate to
service this property.
He
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;
Staff finds that there will be not additional requirements at public cost and that the
annexation and zoning of the property (exclusive of the proposed uses) will not be
detrimental to the community's economic welfare.
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;
The proposed uses will bring in more noise, traffic and smoke into the area fi.om
increases in employee and work related vehicles, odors fi.om garbage trucks, odor
and possibly debris fi.om the waste trans~r station and noise fi.om motor vehicle
service hays. Staff finds that the proposed industrial uses may be detrimental to
the persons and property in the surrounding residential areas.
The aforementioned Comprehensive Plan policy 3.4 of the Land Use chapter
requires industrial uses (not office/mixed uses as allowed in the MU-WTP)
adjacent to residential uses to have noise, odor and smoke generation equivalent
to the surrounding residential areas. The proposed uses will generate more noise,
smoke and odor than any of the surrounding residential development.
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 the proposed uses will affect traffic on the surrounding streets.
The increased number of employee vehicles and large commercial vehicles
entering and exiting the property will create additional traffic that does not
currently exist at this time. Staff finds the vehicular approaches to the property,
when constructed with the required roadway improvements, will not create
interference with the existing traffic on surrounding public streets.
AZ-01-015, PP-OI-017 Utility Subdivision. AZ. PP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 9
ge
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Five Mile Creek and Nine Mile Creek are immediately adjacent to the site, both
of which are scenic and environmentally sensitive. Staff recommends the
applicant be required, at minimum, to prepare an Environmental Impact
Assessment for the site and the uses proposed within the site.
The applicant has indicated the future construction of a five foot pathway along
both creeks that will help to preserve and showcase the natural and scenic features
of the creeks. The proposed pathway is not, however, in compliance with the
requests of the City Parks Department. The Applicant will be required to work
with the Parks Department to develop and construct the pathway system in
accordance with the Parks Department requirements for the pathway construction.
Le
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
Staff finds that the annexation of this property, if approved with a detailed
development agreement, would be in the best interest in the City of
Meridian. Staff supports the rezone of Lots 1 and 2 to Light Industrial (I-
L) and Lots 3-11 to Limited Office (L-O.
ADDITIONAL CONSIDERATIONS
Development Agreement: As noted above, staff feels that a detailed development agreement
should be in place prior to the annexation of the subject property. The development agreement
should at least the following issues:
· Limitations of future land uses and the requirement of conditional use permits for all future
development, (including Lot 1, Block 1).
· The construction, timing, design, cost, landscaping, maintenance and location of the pathways
adjacent to the Nine-Mile and Five-Mile Creeks.
· If the Commission and Council determine that the SSC project should not be required to go
though the conditional use permit process, the conditions of approval (such as limiting hours of
operation, landscaping, fencing, building design, potential use and design of the undeveloped
portion of Lot 2, etc...) should be included in the development agreement. Please refer to item
"E" above for issues relating to the SSC project that should be resolved prior to recommending
approval.
ANNEXATION AND ZONING COMMENTS
1. The legal description for the entire subdivision, submitted with the application, appears to
meet the requirements of the City of Meridian and State Tax Commission and places the
AZ-OI-OIS, PP--014)17 Utility Subdivi~ ion. AZ. PP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 10
parcel contiguous to existing city limits. New metes and bounds legal descriptions shall be
required for each of the proposed zoning designations.
2. The subject property is within the Urban Service Planning Area. Essential City
services are available to the subject property.
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.
A detailed development agreement shall be entered into between the city and the applicant.
The development agreement shall include, but not be limited to, requiring conditional use
permits for future development, limiting and prohibiting certain types use, pathway
construction, hours of operation, and the possible conditions of approval for the SSC Waste
transfer and headquarters.
RECOMMENDATION FOR ANNEXATION AND ZONING
Staff recommends that the Commission and Council determine if they feel that the SSC project is
an appropriate use for this location. Staffdoes not object to the location of the waste transfer
station at this location, however staff is concerned with the large opening on the north side of the
building. If it found to be an appropriate use, and that it is not in need ora conditional use
permit, staffrecommends the following conditions of approval be adopted and included within
the development agreement:
1. Hours of operation shall be limited fi:om 6am to 10 pm, Monday-Saturday, (with minimum
Sunday operation as needed). No transfer station operation on Sunday.
2. Design of the proposed buildings.
3. Landscaping and fencing details.
4. Prohibit use of property west of proposed gate, until approved via a CUP.
5. Noise buffering.
6. Debris and trash containment.
Staff recommends approval of the submitted annexation and zoning request regardless of
whether or not the SSC project is approved of at this time.
PRELIMINARY PLAT FINDINGS AND REOUIREMENTS
Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision the Commission/Council shall consider the objectives of this title and at least the
following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
AZ.01.015, pP 431-017 Utili~ Subdivi~ion. AZPP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page I 1
As noted above, the subdivision is in conformance with some of the Comprehensive
Plans policies (3.5, 3.6, and 3.10) and is not in harmony with the Land Use Map policy #
3.4 and the recent text amendment. If the Commission and Council find that the requested
annexation and zoning is in compliance with the Comprehensive Plan. In order to be in
conformance with the Comprehensive Plan the applicant has proposed pathway to be
installed along Five Mile Creek.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are readily available to the lots within the proposed
subdivision, provided changes as may be required by the Public Works and Building
Departments are made.
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
d. The public financial capability of supporting services for the proposed
development;
Staff finds that the development will not require major expenditures for supporting
services.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff does not foresee any health, safety or environmental problems that have not been
addressed earlier in this report that should be brought to the Council or Commission's
attention.
SITE SPECIFIC COMMENTS
Sanitary sewer and water service to this site shall be via existing and new service lines
~om the existing mains adjacent to the property.
The sidewalks shall be detached along Ustick and Ten Mile Road and a five-foot (5')
wide (minimum) landscaped parkway shall be installed between the curb and sidewalk in
accordance with the adopted Landscape Ordinance.
The applicant shall work with the Parks Department to determine the location,
landscaping, and other improvements associated with the proposed multi-use pathways.
Creek. Ten (10) copies of a revised site plan indicating the location, width, landscaping
AZ-01.01$. PP-01-017 Utility S u bdivision. AT..PP.DOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 12
and associated improvements of the pathway(s) shall be submitted at least ten (10) days
prior to the next public hearing.
The submitted landscape plan is not approved. The submitted landscape plan includes
conifers in the street buffer, all of which will have to be replaced in order to comply with
the adopted landscape ordinance. Additional landscaping shall be required adjacent to
the Nine Mile Drain to buffer the residemial property to the west. Staff recommends at
least one (1) tree every twenty (20) lineal feet, and a solid sight-obscuring fence in
addition to all Parks Department requirements for landscaping adjacent to the pathways
[minimum five (5) feet]. Ten (10) copies of the revised landscape plans shall be
submitted to the Planning and Zoning staff for a review of completeness at least ten (10)
days prior to the next public hearing.
A permanent perimeter fence shall be required around the entire subdivision, unless the
City of Meridian agrees in writing that a fence is not required. Fencing details shall be
submitted with the final plat submission.
A detailed irrigation plan including performance specifications shall be submitted as part
of the required landscaping plan for the final plat.
All of the required street buffer landscaping, and perimeter fencing shall be installed prior
to the issuance of a Certificate of Occupancy for any building on any lot created by the
subdivision.
Any tree over four inches (4") in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper inches of
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
All parking shall be retained on-site for all buildings and businesses within the
subdivision.
10.
A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties" and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
developmem plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells on the final plat.
11.
Assessment fees for water and sewer service are determined during the building plan
review process.
AZ-0i-0S5, pp -01-O17 Utilit~ Suhdix~on. AZPPDOC
Planning & Zoning Commission/Mayor & City Council
June 1 O, 2001
Page 13
12. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
13.
Revise the preliminary plat map to show the existing City of Meridian sanitary sewer
easement adjacent to and across the subject site.
GENERAL COMMENTS
Any existing domestic wells and/or septic systems within this project will have to be
removed fi:om their domestic service per City Code. Wells may be used for non-domestic
purposes such as landscape irrigation. ~is Condition applies to the existing farm house
on Lot 8 of the subdivision.)
Please submit a copy of the Ada County Street Name Committee's final approval letter
for the subdivision name, lot and block numbering. Make any corrections necessary to
conform
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the
final plat.
Two-hundred, and one-hundred-watt, high-pressure sodium streetlights will be required
at locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections and/or fire
hydrants.
COMPREHENSIVE PLAN ANALYSIS
In addition to the analysis performed earlier in the report, staff offers the following additional
Comprehensive plan analysis
The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this
application. The following sections most directly apply to the proposed project and are repeated
here for the Council and Commission's consideration during the hearing process.
Goal 3 is "to encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces the present
reliance on Boise and 'strengthens the City's ability to finance and implement public
improvements, services, and its open space character."
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere that
encourages...eommercial enterprises to locate in Meridian.
1.3
The character, site improvements and type of new commercial or industrial developments
should be harmonized with the natural environment and respect the unique needs and
features of each area.
AZ-OI-0IS, PP-.01.017 Utility Subdiviaion. AZPPDOC
Planning & Zoning Commission/Mayor & City Council
June 10, 2001
Page 14
RECOMMENDATION
Staff supports the current configuration of the preliminary plat.
AZ-OI-01$, pp-01,017 Utility Subdivision. AZPP.DOC
701 S. Allen St., Suite 102 , Meridian, ID 83642
June 19, 2002
David McKinnon, Planner II
City of Meridian Planning and Zoning Commissioners
660 East Watertower Lane, Suite 202
Meridian, Idaho 83642
208/322-8992 · Fax 208/378-0329
RECEIVED
JUN '2 0 2002
City of Meridian
City Clerk Office
RE: Utility Business Park Subdivision, Response Letter to the Staff Report for June 20,
2002 Planning and Zoning Commission Hearing
Dear Mr. McKimmn and Planning and Zoning Commissioners:
After reviewing the staff report received by the applicant on June 18, 2002, on behalf of Falcon
Creek LLC, I would like to respond to the following "issues" raiSed by staff and the conditions of"
approval regarding Utility Business Park Subdivision:
Annexation and ZoninR Analysis (ORs. 4-9)
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;
And '
F. Will the proposed uses not be hazardous or disturbing to existing orfUture neighboring
uses;
And
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;
And
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
Issue # 1: Staff is concerned regarding the design of the waste transfer station and the lack
of a means to secure the northern elevation of the building. Colored photos have been
provided to Staff and to the Commission in regards to designs of other transfer stations
that are located in Idaho (Latah, Gem, Boise and Elmore coumies). Typically these
facilities do not have closing doors and if doors were placed on the transfer station
/
building, these doors would remain open throughout the normal business hours. The
orientation of the building is such that it is facing away from any residential uses, not to
mention several hundred feet away from residences and next to the Meridian Waste
Water Treatment Plant (WTP).
In regards to the issue with litter, both the Department of Environmental Quality (DEQ)
and Central District Health Department (CDHD) will require a litter control plan before
any permits for this use will be issued. Also, it should be understoodis that the waste is
compacted similar to a brick.
Issue #2: The applicant understands that noise is a concern of both Staff and the
neighbors. As stated, there will not be a noise issue because the compactor is housed
within concrete walls. There are methods to shielding the motors of the compactors
which have electric motors, not the diesel motors which tend to radiate noise. The
applicant believes any noise will be equivalent to the WTP to the north of this site and
contends the "beeping" nois. e the trucks make backing up will be the most audible sound
from the site. It is the intent of the applicant to meet whatever noise ordinance standards
that are adopted by the City of Meridian.
The applicant is requesting 'Staff and the Commission to keep in mind a fully landscaped
berm will be provided along the southern property line .which will have mature
landscaping by the time the transfer station will be built in five (5) years. In addition to
the landscaping, office buildings will most likely be in place prior to the construction of
the transfer station thus providing even more of a buffer.
Issue #3: With this request for approval on the Sanitary Services site, it is requested to
only landscape the portion of Lot 2, Block 1 that will be developed at this time. There are
not any uses planned on the western portion of the property. If and when expansion of the
site occurs, it will most likely be 10-15 years into the future. The applicant asks that the
Commission realizes th,e upfront expense of such a large amount of landscaping and that
the applicant is trying to be a good neighbor by providing more than the required
landscaping along the southern boundary and providing the temporary landscaping buffer
that runs north-soufl~ midway through the site.
Issue #4: The applicant is requesting the same consideration in regards to the fencing
along the perimeter of Lot 2, Block 1. Staffhas a concern regarding the security fencing
being on the property line on the western portion of the site facing the Nine Mile Creek,
when in fact it is within the boundary of the property with landscaping proposed on the
exterior of the fence. Therefore, the fencing should not be visible.
Issue #5: The applicant will provide elevations of"Building C" which is the three-sided
covered parking structure. The applicant agrees to undergo a "staff-level" design review
of the structure prior to a penrdt issued.
Issue #6: Staff states: "The proposed uses will generate more noise, smoke and odor
than any of the surrounding residential development. "Any development would generate
more of an imPact. However, as outlined above, it is the belief of the applicant these
issues have been addressed to the best of their ability and that the applicant has worked
with the City of Meridian to find acceptable uses for this site. For example, removing the
proposed school bus site.
Issue #7: "Staff recommends the applicant be required at a minimum, prepare an
Environmental Impact Assessment for the site and the uses proposed within the site. "The
applicant contends this is not necessary for the following reasons:
The federal regulations for the Environmental Protection Agency (EPA), the state
regulations for DEQ and the local regulations for CDHI) will meet or exceed any
requirements associated with an Environmental Impact Statement (EIS);
The federal regulations for these agencies do not require an EIS for a transfer
station;
The activities associated with the trmasfer station will occur within concrete walls
in a building and any discharge will be contained within sand and grease traps
which will be regulated by DEQ;
The City of Meridian WTP currently discharges into the Five Mile Creek along
the northern boundary of this site without an EIS. The applicant will not be
discharging any material into either creek abutting the property.
Recommendation for Annexation and Zonin~ (o. 10)
Issue #8: "Hours of operation shall be limited from 6am to l Opm, Monday-
Saturday... "The applicant is in agreement with this condition however, would
request "with the exception of departing commercial trucks" be added into the
condition language;
Issue #9: "Prohibit use of property west of proposed gate, until approved via a
CUP. "The applicant is in agreemem with this condition of approval however, would
request "if anything other than storage is proposed" be added into the condition
language. The applicant requests if stOrage is the intended use in the future that a
modification of the Development Agreement be required in place of the CUP.
Site Soecific Comments (ot, s. 11-13)
COndition #3 states: "The applicant shall work with the Parks Department to determine
the location, landscaping and other improvements associated with the proposed multi-use
pathways .... "
As of June 19, 2002, the applicant has not received the memo provided to Meridian
Planning and Zoning Staff from the Parks Director concerning pathway improvement.
While the applicant is showing a five-foot (5') pathway on the revised subdivision plans,
it is our contention this should not be a requirement placed on this subdivision plat.
Meridian Planning Staff has stated the Parks Department is requiring a ten-foot (10')
Pathway outside of the western property line within the Bureau of Reclamation
property's right-of-way along the Nine Mile Creek and the Five Mile Creek. The deeds
for this land have been included with this response letter which also demonstrates the
property owner has never controlled land within this right-of-way. Nampa-Meridian
Irrigation District (NMID) has an agreement with the Bureau of Reclamation to maintain
these creeks.
NMID has been contacted as to the pathway required by the City of Meridian and it is our
understanding NMID would not agree to a pathway along the right-of-way. These right-
3
of-Ways arefor irrigation maintenance uses only and NMID, nor the Bureau of
Reclamation wants the liability for such a use.
We ask for your approval on this proposed development. We feel we are meeting the intent of the
desires of Staff and the Commission with the revised plans and additional information provided.
Sincerely,
Ashley B. Ford
Planning Director, Hubble Engineering, Inc.
Representing Falcon Creek, LLC
4
' i 0001B'533 '
Contract No. 9-07-t0-L1521
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
PROPERTY EXCHANG~ CONTRACT
THIS CONTRACT, made this ~"~day of ~'~'c_~ 2000,
pursuant to the Act of Congress approved Ju~e 17, 1902'(32 Stat.
388), and acts amendatory thereof or supplementary thereto,
particularly the Reclamation Projects Act of !939 (53 Stat. 1187),
by and between the UNITED STATES OF AMERICA, hereinafter called
the United States, represented by the officer executing this
contract, hereinafter referred to as tke CONTR3kCTING OFFICER, and
Larry K. Peterson, a single man, hereinafter called the
CONTRACTOR.
WITNESSETH, THAT:
2. WHE~, the United States, in connection with the
construction of the Boise Project, acquired certain lands in
S~SE~, Sec. 34, T4N, R1W, B.M. for the construction of the Nine
Mile Drain; and,
3. WHEREAS, the Nine Mile Drain was constructed so as to
necessitate the United States now acquiring additional lands for
drain right-Of-way; and
4. WHEREAS, The CONTRACTOR is the owner of lands needed by
the United States; and
5. WHEREAS, it is in the best interest of the United States
and theCONTRACTOR to effect an exchange of land whereby the
United States would obtain lands needed for drain right-of-way and
the Contractor would obtain lands not needed by the United States;
NOW, THEREFORE, in consideration of the mutual covenants and
dependent covenants herein stated, it is agreed between the
parties hereto as follows:
6. Properti~s to be ~x~hanged
a. CONTRACTOR's Property
In compliance with the terms and conditions herein
stated, the CONTRACTOR will, subject to any oil, gas, or mineral
rights of record outstanding in third parties at the date' of this
contract, and subject to any existing right-of-ways in favor of
the public or in third parties for roads, railroads, telephone
lines, transmission lines, ditches, conduits, or pipelines, on,
over, or across maid lands, convey to the United States by good
and sufficient warranty deed, free of liens and encumbrances other
than those hereafter described, all of the following described
property situated in the County of Ada, State of idaho, to-wit:
Parcels A, B and C, encompassing 0.Bg01± acres, as shown on
the attached Exhibit A and described on the attached Exhibits
B, C, and D, said exhibits by this reference made parts
hereof.
b. Property of the United States
In compliance with the terms and conditions herein
stated, the United States will convey to the CONTRACTOR by good
and sufficient quitclaim deed, free of liens and encumbrances
other than those hereafter described, the followingdescribed
property situated in the COunty of Ada, State of Idaho, to wit:
Parcels 1,2 and 3, encompassing 2.09± acres, as shown on
Exhibit A a~ud described on the attached Exhibits E, F, and G,
said exhibits by this reference made a part hereof.
Subject to the reservation of:
i. Existing easements of record, or in use, for
public roads and highways, public utilities, railroads, pipelines,
ditches, and canals.
ii. Any oil, gas or mineral rights of record
outstanding in third parties; and
iii. The rights, if any, that were reserved in the
original patent on said premises.
7. Value of Property and PaYment of Fems: Since the
interests in the properties to be exchanged are of mutual benefit
and considered to be approximately equal in value, there will be
no cash payment made by either party for the properties involved.
8. Recordin~ and Fees: The expenses in connection with
recording of the deeds, to be given hereunder shall be borne by the
United States. Other fees required by law to be paid in
connection with the execution and delivery of said deeds shall be
borne by the respective grantors.
9. Surveys: Prior to the delivery of the deeds as provided
in article 13 hereof the property line between the property to be
held in fee by the United States and the property to be held in
fee by the CONTRACTOR as a result of this exchange transaction
shall be surveyed by a licensed surveyor and all corners common to
each ownership shall be monumented with a permanent type marker.
Th~ cost of such survey and monumenting shall be borne by the
United States.
10. Evidence of Title:
a. The cONTRACTOR, without cost to the United States,
shall procure and have recorded all assurances of title and shall
accomplish such corrective steps and measures as are necessary and
property to show in the CONTRACTOR complete fee simple,
unencumbered title to the property being conveyed to the United
States, except for the reservations, exceptions, and encumbrances
described herein. The United States shall procure and have
recorded, without cost to the CONTRACTOR, all assurances of title
and accomplish such corrective steps and measures as are necessary
and proper to show in the United States complete fee simple,
unencumbered title to the property being conveyed to the
CONTRACTOR, except for the reservations, exceptions, and
encumbrances described herein. Each party will procure at its own
expense whatever abstracts of title, title certificates, or
policies of title insurance it desires with respect to the lands
to be conveyed to it hereunder.
b. Each party shall furnish all assurances of title and
shall take such corrective steps and measures as are necessary in
order to convey title that will meet the requirements of this
contract as promptly as is practicable after request therefore has
been made by the other party.
11. D~livery of Deeds: When the title to the lands to be
conveyed to a party hereto is found to meet the requirements of
this contract, subject only to the vesting of such title in that
party, the party required to convey such lands shall be notified
promptly in writing by the other party. Promptly after the time
when both parties have been so notified; the requisite deeds of
conveyance, properly executed, shall be tendered, the tender of
the deed by the United States being subject to the making of
arrangements for the recording of the deed promptly after its
acceptance by the CONTRACTOR.
12. Successors in Interest: Ail provisions of this contract
will be binding upon the heirs, devisees, successors, or assigns
of the CONTRACTOR, and upon the assigns of the United States, and
all such provisions are covenants that shall run with and bind the
lands.
13. Contingent on Appropr%ations or Allotment of Funds: The
expenditures of any money or performance of any work by the United
States herein provided for, which may require appropriations of
money by Congress or the allotment of Federal funds, shall be
contingent on such appropriations or allotments being made.
FailUre of Congress to appropriate funds, or the failure of any
allotment of funds, shall not, however, relieve the CONTRACTOR
from any obligations therefore accrued under this contract, nor
give the CONTRACTOR the right to terminate this contract as to any
of its executory features. No liability shall accrue against the
United States in case such funds are not so appropriated or
allotted.
14. The CONTRACTOR warrants~that no person or agency has been
employed or retained to solicit or secure this agreement upon any
arrangement or understanding for a commission, percentage,
brokerage, or contingent fee except bona fide established
commercial agencies maintained by the CONTRACTOR for the purpose
of securing business. For breach or violations of this warranty,
the Government shall have the right to annul this agreement
without liability or in it discretion to require the CONTRACTOR to
pay to the United States the full amount of such commission,
percentage, brokerage, or contingent fee.
15. Officers not to benefit: No Member of or Delegate to
Congress or resident commissioner shall be admitted to any share
or part of this agreement or to any benefit that may arise
herefrom. This restriction shall not be construed to extend to
this ag-~eement if made with a corporation or company for its
general benefit.
IN WITNESS WHEREOFi the parties hereto have executed this
agreement the day and year first above written.
UNITED STATES OF AMERICA
Pro,ram M~ger, Lands and Repayment
1150 North' Curtis Road
Boise ID 83706-1234
CONT CTOP. · ....
._......
.... ' L~rry K/ Peterson, a single man
Stats of Idaho )
) ss
County of Ada )
On this ~ day of
before m~e~'~,~ ~/
the official of ~he UNITED STATES 0
within and foregoing instrument
to be the free and voluntary
for the uses and purposes the
that he was authorized to
IN WITNESS WMEREO!
my official seal the
, personally appeared
, to me known to be
that executed the
:knowledged said instrument
zed of said United States
ment ned, and on oath stated
said strument.
hereunto
and.year first
my hand and affixed
written.
(SEAS)
Notary Public and for the
State of Idaho
Residing at
My commission ex~es:
State of Idah° )
) ss
County of Ada )
On this ~f~{ day of ~u~ , ~o~
~ personally appeared
before me Larry K. Peterson, a single man, to me known to be the
individual who executed the within and foregoing instrument and
acknowledged said instrument to be his free and voluntary act for
the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
(SEAL)
ROBERTA McLAREN
NOTARY PUBUC
STATE OF IDAHO
Notary Public in and for the
State of Idaho
Residing at ~ne.~¢,l;~-~,, ~r~
My commission expires:
State of Idaho )
) ss
County of Ada )
On this 'day.of ~-,-~ , ~, personally appeared
before me ~ ~--t~ ~ ~.~\~ ~ , to me known to be
the officiml of the UNITED STATEgOF AMERICA that executed the
within and foregoing instrument and acknowledgsd said instrument
to be the free and voluntary act and deed of said United States
for the uses and purposes therein mentioned, and on oath stated
that fhe was authorized to execute said instrument.
'IN WITNESS WAVER_EOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
sN~at~?o~i~ia~oln and for the
(SEAL)
Residing at Boise
My commis sion expires:
EXHIBIT
.i .LF~GAL DESCRIPTION .....
· . PETEP~ON TO-.U...S:
· . PA~C~.-,~ :" '
A parce! of .la~d b .~us'~ p~rtio.n of.~. "e S~'.uth ~ S~.'thes~.
more pa~iod,~y.dgscrib~ as:.f01!ov~si' ' . · " .. '-' · · ' ....'
commenc~g at-a fumld la".- ir& pin marking the'El/4.Com~.of.~id ,S~fion 34~ T. 4N.,.
~le Road to a found Brms Cap ~ ~..~u8 the Section Corn~. co' .mm0... q toS~iom. 34 ~nd
Ada County, Idaho and ~ ~'the ceut~rline int~m~ion of said T~ bl~e Road aud.
.Ustick Road; thence N.89°4.3.~0"W.. 934.94 f, ..e~t alo0g
'SE. 1/4 of .Se~..' .an 34 and.~ln~ the ~id..cen~li~. 'OfUstiek~ to'a ~i/~id l~int
~ of ~2.56~fi~ ~ a lohg et/emi 6f"~.'32 'f~ ~nihli.~m~t~N~5~l'4,4o~/.: twa
p0~~'t~~v0 .I~., O?B~.~~,. · .: ' "...:...
thence S.89°42'00~r. 172:4'9. feet t0
·
· then N.0°12°. .0° '57. ·'apo~.of. eti~ve.:tothe
.25,°.5rP29~, 'a .md~.s o£.i .00,50 f~.~' .t~tig~ .o. f2.5~95
.. '~t~ ~em s.ss~-nr4~, to 'a sa,~m?'.~n"'~:' · :.: :. '.:-:' ".". :' · · ."
· t~nce $.73712'27~E. 105.,95 feet (o a,'~' l/2"iron'ph.. ~g a p~.~:.ofeunre, to the
" ' ' ' : ..".
' EXItl BIT "C"
· LEGAL DES~ON
ON .TO U.S.
A parcel of'land being a pom.'on of the South Half sOUtheast Quaiter of Section 34,
Tovmship 4 Nortti, P,~ang0 I. Wcst,iB01s~ Mmidia~ Ada County,. I .d~h. o, said parcel bf~ing
· more particularly descn'bed as follows: .
Commencing at a found I/2" iron pin marking the El/4 Corner bi'said Section 34, T. 4N.,
R. 1W., B,lVI., Ada County, Idaho; thence S'~CP1735"W. (formerly S.0°12~) 2643.52 feet
along the east boundary of the siid $E1/4 of Section 34 and along the centerline often
1Vfile Road to a found Brass Cap mat~ the Section Comer common to SeCtions 34 and
35, T~ 4N., R. 1W.,'B.M., Ada. CoUnty, !d~. ' '0:.and Sections 2'and'3~ 'T.3N-, R- 1.W.., B.Ivl.;
Ada County, Idaho md also marking the' ce~. ed~e intersection of said Ten lVfile Road and
Ustick Road; thence NiSgM3'00"W. 1019,45 felt'along ~¢ south botm. daty of the said
l!iE1/4 of Section 34 and along the said centerli//e o£Ustick Road to a point, said point
being witnessed by'a set 1/2" iron Pin whibhbears N.37Q42'48!'W. 31.72 feet, said point
also marking the REAL poINT'OF BEGINNING;.
thence N,37°42'48"W. 584.06.feet;to a ~et 1/2' iron pm;.
thence S.54°48'00~E. 233.66 feet to a'p'oi~t;
thence S.37°25'41"E.'412.75'foet to a P6int lying:on'the saint south bound,~ry of the
· SEll4 of Secti0'n 34~ said point-b~ing .Witn~s~agt.by a.Set i/2" iron pin whiCh.bears
the,, N. Sg°4.S'00"W..S4.Sl.e a ona'the: d's u.'tU. un of
34 to the.polnt o. fbeginning,' co. n'.tainJng 0.7.8 '' .a~..mof.e'or less..
Subject to any easeme~s or fights of way of record or in use.
-7045.
EXHmlT "D"
A Parcel of land being, a portion of the 56utli Half Southeast Quartex of Section 34,
· Township 4 North, Range I West, Boise:Meridian, Ada_ County; said l~arcel being more
·particulariy described as follows: .
Commencing i~t a found 1/2" iron'pin marking th~ El/4 Comer of said Section 34, T. 4N.,
tLIW., B.M., Ada County, Idaho, thciice S.0*lT35"W. (formerly S.0Ol2W~.) 2643.52 feet
along the east boun.dary of the said SEll4 Of Section 34 and -along the centexline ofTen-
1Vfile Road to a found Brass (~at~.marldng the S~otion Corri~ common lo S6ctions 34 and
35, T. 4N~, 1LIW., B-M., Ada COunty, Idaho and Sections 12 and'3, T.3N.,R. IW., B.M.,
Ada County, Idaho and also marking'the~centerline'inters~tion of said Ten 1pfile Road and
Ustick Road; thence N. gg~43'00"W. 934.94 feet along the south boundary of the said
SE1/4 of Se~-tion'34 and along the said centerline of.Ustiuk Road to a point, said point
being wimessed by a s~t 1/2' iron pin'which beaa N.37°25'41"W. 31.60'feet;. thence
N.37°25'41"W. 781.17.feet to a pohtt marking the REAL POINT OF BEGINNING;
thence N.54°48'00"W. 3.32 feet to a l~Oin.t;"
thence N. I4°48'00'W. 2.58 feet to a point;.
thence S'37°25'41"E. 5.55 feet to the point, ofbe~n.ni~g, containing 0.0001 .a~res, more or
leas. · :
Subject to any easementS et: ~ights o£way 0frecord or in u~e.' "
EXHIBIT "E"
LEGAL DESCRIPTION
U.S. TO PETEKSON
PARCEL 1.'
A parcel of land being a portion of the South Half Southeast Quarter of Section 34,.
Township 4 North, Range 1 West, Boise Meridian~ Ada County, Idaho,. said parcel being.
more particularly described as.follows:
Commencing at a found 1/2" iron pin marking the El/4 Comer of said Section 34,' T. 4N.,
R. IW., B.M., Ada County, Idaho, thence S.(Y'I7'35"W. (formerly S.0°12"N.) 2643.52 feet
along the east boundary of the said $E1/4 of Section 34 and along the centedine OfTen
Mile Road to a found Brass Cap marking the Section Comer common to Sections 34 and
35, T. 4N., R. IW., B.M., Ada County, Idaho and. Sections 2 and 3, T.3N., R. 1W., B_M.,
Ada County, Idaho and' also marking the cente/'Iine intersection'0f.said Ten 1V/fie Road and
Ustick Road; thence N:89°43'00"W. 934.94: feet along the south boundary of the said
SE]/4 of Section 34 and along the said centerline 0fUstick Road to a point, said point
being wimessed by a set 1/2" iron.pin which bears N37°25'41"W. 3'1.~ feet; thence
N.37°25'41"W. $61.63 feet to a set 1/2" iro~i pin; thence N.43°06'33"W. 45.13 feet to a
set l/2" iron pin marking a po'mt of curve to'the left; thence along said curve to left a
distance of I52.tt3 feet, said curve having a delta of30°05'55"' a radius of 290.92 feet,
tangents of 78.22 feet and a long chord of 151.07 feet which bears N.58°09B0"W. io a set
1/2" iron pin; thence lq'.73°12'27'q3/. 105.95 feet to a set 1/2" iron pin marking a point of
curve to the right; thence along ~id curve to the rigl~ a distance 0f50.79 feet, said curve
having a delta of 28°57'29", a radius of 100.50 feet, tangents of 25.95 feet and a long
chord of 50.26 feet which bears N.Sg°43'42'niN. tO a point marking the REAL POINT OF
BEGINNING;
thence continuing along said curve to the right a'distanee of 7.1.72 fee~.said'cmwe having
a delta of 40°53'07", a radius of 100.50 feet, tangents of 37.46 foot'and a long chord of
70.20 feet which beam N.23°48'24'~/. to a set 1/2" 'iron pin;
thence N. 03°2Y51"W. 140.80 feet to a-~et 1/2" iron pin;
thence N.80°3 l'41'~E. (formerly N.$0~3 I'00'!E.) 37.90 feet to a point;
thence S.0012'41"W. (formerly. S.0°12~.)21 LO2 feet to the point, o'fbeginning,
containing 0.14 acres, more or less. /~
SRbje'et to any easements or'rights Of way:of record' or in use.' ~
7045
LEGAL DESCRIPTION
.u.s..xo
PARCEL 2
EXHmIT "F"
A parcel of land bei~ a portion-of the South Half Southeast Quarter of Sect~.'on 34,
Township 4 North, Kange 1 West, Boise Meridian, Ada County, Idaho, said.parcel being
more particularly described as follows:
commencing at a found 1/2" iron pi,marking the El/4 Comer of said Section 34, T. 4N.,
.RAW., B3~I_, Ada County, Idaho, thence S.0"17'35"W. (formerlyS.0°12%V.) 2643.52 feet
along the east boundary of the said SE174 of Section'34 and alongthe ccnterline often
Nfile Road to a fo, md Brass Cap marking .the Seaion Comer .co...mmoa to Sections 34 and
:35, T. 4N~ tL 1W., B.M., ~ County, Idaho and Se~ions 2 and 3, T.3N., IL 1W., B.M.,
Ada County, Idaho'and also marking.the centerline intersection of'said Ten 1W_de Road and
Uslick Road; th~nca~ t%1.89°43~00,W. 934.94' fe~t. along the south botmdary of the said
SE 1/4 of S~cion 34 mid along the said eanterline of U~tick Road' ~oa' poim, Said point
· being witn~i by a set 1/2" ir6n pin which .bem~ N.37°25'41"W. 31.60,lea; thence
N.37°23'41'qN. 786.72 fe~ to u' point m~rkillg the REAL POINT OF BEGINN]I~G;
thence continuing N.37°25'41"W: 74:91 feet to a set 1/2" iron p~xg'
thence N.43 °06'33 ~. 45.13 feet.to a set 1/2" ko..n pin 'marking a point of curye to the
'
thence along said curve to left a distance o.f. 123..24 feet, said curve haidn~ a delta of
24°15'15", a radius of 790.92 feet, tangents of 52.55 feet and a long chord of 122.32 feet
which bears N.5~°I4'40"W. to a point;
thence N.89°42'00"E. 133.83. feet to a i~oint;,.
three S. 1]°4g'00"E. 168.46 fca-to the p6int' ofbcghming, "' ':
contain,fiE 0.19 acres, more or
· Subject to any .easements or righu ofw~y.of reCOrd or in use.
7O45
E~ H ! XiT "t~~
LEGAL DESCRIPTION
U.S. TO PETERSON
PARCEL 3
~ p~cel'ofland heine a portion of the South Half Southeast'Quarter· of Section ~.4,
Township 4 North; Ran8e 1 West, Boise Meridian, Ada County, Idaho, said parcel being
more particularly descn'bcd .as follows:
Commencing at a found 1/2a iron pin m~rking the El/4 Comer of said Section 34, T. 4N.,
.R_ 1W., BaM., Ada C~umy, Idaho, tlmnce S~0~17'35~'W. (formerly.S.0°12~.) 2643.52 feet
along the east bounda~ of the said $El/4 of S~don 34'and 'albng the cemerline of Ten
NEde Road to a found.Brass Gap mnrklng the Se.~tion'Com~r common to Se~dons 34 and
35, T. 4N., RAW., B.M., Adk County, Idaho md Se~do.m 2 and'3., T.3N.,.R. 1W., B.NL,
Ada County, Idaho nnd also marldn, g the c~nt~liae'int .eykon of. ..mid'Ten Nffle Road and
Ustick Road; thence N.89°43'00'~. 922.00 f~-'t ~Iong the south boundary of the said
SE 1/4 of. Section 34 and along the said centerline ofUstick Ro~d.w a point marking
REAL POINT OF BEG.INNING: ;.
thence N.0°12'00"E. 141.40 feet to a'point;
thence N.54°48'00"W. 323.43 feet'~o a point;
thence N.37°25'41"W. 368.42 feet to a point;
thence S.54°48'00"E- 732.30 fe~t m a point;
thence S.0°12'00'"W'. 198.82 feet (form.edy.198.8 feet) t.o a po~t lying on'the said south
boundary of the SE1/4 of Section 34; '
thence N.89°43'OOi~V. 110.00 feet along th~ said south boundary of the SE1/4 of Section
34 to the point ofbeginnin. ' g, coi~aining 1.76 acr.~ mOr6 or less;
Subje~t'to'any easements or tights'of Way ofree,0rd or in u~e.
.°0
7O45
HUBBLE ENGINEERING,
701 S. Allen St., Suite 102 · Meridian, ID 83642"
~ !~RANsMITTAL LETTER FOR:
DELIVERIES
208/322-8992 · Fax 208
PICK UPS
Job No:
Project:
~378~0329
WE ARE SENDING YOU:
__ As Requested ~
A~ached
WE ARE PICKING UP (*See remarks)
__ Under Separate Cover,
Via
Use
Record
Review and Comment
Bidding
Approval
Cost Estimating
Information
THE FOLLOWING:
Print(s) Plan(s Sample(s) __ Copy of Letter
Specifications Shop Drawing(s) Disk(s) (*See Disclaimer)
Copies Date Sheet No. Description
REMARKS:
DISK OlSCLAIMER:IPLE~ R ,F...&,D:~ AND SIGN~ ~ U.~.',RS O~*iTHIS ELECTRONt~5~&L ~E AWARE OF THE PRECISION, OR LACK OF PRECISION,
THEREIN. WE ARE ~RD~NG THIS ELEC[RON~;;DATA~,F~ YOUR CO~~'O~EY, NOT AS AN ACCURATE REPRESENTATION OF THE
~OPOSED PROJE~. H~E E~NEERING, ~. IS~:~I~ FOR ANY ~~~ED DUE TO RELIANCE OF THIS DATA.
OR HUBBL '~ ONLY:
TOTAL TOTAL ~ME ~ RECEIV~Y:
TIME: TIME: DELIVERED:
Sent By: Merle[an P&Z;
To: City Clerk
8884218
9950390
June 17, 2002
TO:
$UB~CI:
FROM:
Me~idia~ Planning & Zoning Contmisslon
Utility Business Stlbdivi~lon Revised FIIeI~ Pfl~ 01-017
\1/
$oSePh Silva, Deputy Chief, Fh~c Pr~nfion %,{
RECEIVED
JUN 1 43 2002
CITY OF MERIDIAN
CITY CLERK OFFICF
The foUowi~g will be tie req~em~nts ed/or concerns to provide minimum I~e,~ of ~'~ proection fo~
the proposed ptoject~
1. That a ~'~*flow as r~.quked by the Uniform Phe Code is ptovidod to service the entire
Pi~e bydx~nt~ shall be plner, d a~ ave~a&e of 350' apart. 1997 [IFC Appendix IH-A
2. Operational f~e hydrants an~ lc~nporary or permanent smcet siSus ~rc reqm,'ed before
oembu~tible consm~tion tingles. ~ g01.4.2 & 901.3
Acceptance oftl~ wa~r supply for t~e l~ot~ction Mil be by t~e Mendia~
Water Dep~ttmeat.
4. Final Aplm~val orate fire hydraat Io~t[o~ sl~ll be by the Meridian Fa'e Dcpnxtment.
5. Ali radii shall be 28' inside and 48' outride radius.
6. [t~ttrc thet ~11 ~-t undeveloped parcels a~e n~inteo~ed f~oc of combustible vegetation p~r
s~tion 1103.2.4 of ti~ Unifotat Fire Code.
7. The ~oadwayl d~ll be a minimum of 37' ~de and built to Ada County Highway Standards. UI?C
902.2.1
All Cul cie see's shall bare a ~adius of $0'.
9. The project shall be provided wilb two means of access eom · main mxcnal.
10, The proposed: I~ildiap & uses shall comply with the 1997 Uaifotm Fire Code and applicable
National Fir~ Protcctioa A~oci~m~ ~taadar~,
Lols #2, 3, 4 & 9 shall be paovidcd wi~h a minimu~ ora 20' wide l;ire Lane for access to them
JUN 18 '02 88:58 888 6854 PAGE.01
rvlendian Parks & Recreal~on
Memo
From:
Date:
CC:
Planning & Zoning Commission
Tom Kuntz
Apd117, 2002
City Clerk & Planning & Zoning Staff
RECE. f :,
City of Meridian
City Clerk
RE: Revised Utility Business Park Plat- File #PP 01-017
The Parks and Recreation Staff respectfully submit the following recommendations in
regards to the Utility Business Park.
Staff supports the need for the one-acre park identified in Block 1, Lot 12;
however the mini-park should be developed and maintained by the developer
of the Business Park. This issue is addressed in the Parks Action Plan on
page 2 - 5, under 2.2.1 Mini-parks (see attachment).
The city has established a Five Acre minimum for maintenance by the Parks
Department due to costs.
Staff comments from the original plat regarding the need for pathways along
the two drain ditches still pertain to the revised plat. To summarize those
comments, the developer should be responsible to provide a 10' wide hard
surface pathway with a 30' easement along the 5-mile and 9-mile drain. The
pathway should be build to park department standards. The developer should
also be responsible to provide surety in the form of a letter of credit for one
half (1/2) of the construction cost of a future pedestrian bridge over 9-mile
drain.
CSDocuments and SettingsV~,dministrator~My Documents~l - AdministratJon~Vlisc. Jobs~lemos~PZ Plat Comments Uti Prk. doc Page 1
Mend/mn Comprehensive Parks and Recrea~on S~stem P~n
ZOO I
Z.Z. I MINI-Px~RKS
A. Ex/~ng Inventoo/'
Definition: Mini-Parks or Tot Lots are small one-lot parks designed ro
provide a small playground and open space area within a subdivision.
Because of their size (less than one acre) they are limited to the
facilities they can offer. They are designed primarily for small
children.
Existing Conditions: Currently, there is one mini-park in the
Meridian area and it is owned by the West Ada Recreation
District. It is:
Tammy Street Park (Recreation District) 0.50 Acres
Design and Development
1. General Land Use Guidelines:
ao
The development and maintenance of Mini-Parks shoi~ld
be left to the responsibility of the land developer and
homeowner groups. Their intent is to provide local open
space and minimal recreation use for a local subdivision.
b. The following policies apply to private developmen.ts that
provide mini-parks within their project.
Co
The development of mini-parks may also be encouraged
as part of multi-family developments where densities
exceed 20 units per net developed acre.
ge
Site Selection Criteria:
a. Mini-Parks should be no smaller than 20,000 square feet.
b. The site should be central as possible to the area it
serves.
c. The site should be mostly flat and usable.
d. If possible, walking distance should not exceed one-
quarter mile, and not require crossing of busy streets.
Chapter 2- Pm'k L~nd Recomrr~nd~?#on$
3. Design and Development Standards:
a. Appropriate facilities include:
· Children's playground
· Open grass play area
· Site amenities (picnic tables, benches, bike racks,
drinking fountains, trash receptacles, etc.)
b. The site should be visible from a local residential street
and have no less than 100 feet of street frontage.
Page 2.S
City of Meridian
City Clerk's Office
(208} 888-4433 Fax (208) 888-4218
33 East Idaho, Meridian, ID 83642
Phone:
Re:
~rgent /~or Review [] Please Comment
From:
Pages:.
Date:
CC:
[] Please Reply [] Please Recycle
Meridian Parks & Recreation
Memo
From:
Date:
Re:
Planning & Zoning Commission
Tom Kuntz
October 11, 2001
Utility Subdivision
REC?
iitY of ~eridian
ty Clerk Office
The Parks and Recreation staff would like to submit the following comments in regard
to the Utility Subdivision located in the northwest comer of Ustick and Ten Mile
Roads for the October 18, 2001, Planning and Zoning Commission Meeting:
Five Mile Creek and Nine Mile Drain are identified in the new Parks and Recreation
Comprehensive Plan as future locations of pathways. We would recommend that a
10-foot-wide, hard-surface pathway with a 10-foot landscape buffer on both sides of
the pathway be provided by the developer. The pathway should be constructed on
the south side of Five Mile Creek and the east side of Nine Mile Drain. Additionally,
the Parks staff would recommend the developer provide a 10-foot-wide pedestrian
bridge across the Nine Mile Drain where Five Mile Creek and Nine Mile converge.
The Parks Department is willing to meet with the developer to discuss pathway,
bridge and fencing design spedfications. Once the pathway and landscaping am
completed to City standards, we would be willing to accept ownership and
maintenance responsibility in addition to working out a License Agreement with
Nampa Meridian Irrigation District.
· Page 1
PUBLIC HEARING
SIGN-UP SHEET
DATE
20-Jun-02
PROJECT NUMBER
AZ 01-015
PROJECT NAME
Utility Subdivision
NAME
FOR
AGAINST
May 13, 2002
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Falcon Creek, LLC
May 16, 2002
ITEM NO. 8
AZ 01-015
REQUEST Continued Public Headng from Apd118, 2002 - Request for annexation and zoning
of 34.60 acres from RUT to I-L zones for proposed Utility Subdivision - 3365 North Ten Mile Road
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:
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 previous Item I~acket
See attached letter from Sherri L. Moro & Daniel T. Whitted
Date: Phone:
t~aterials presented at public meetings shall become property of the City of l~eridian.
PUBLIC HEARING
SIGN-UP SHEET
DATE
16-May-02
PROJECT NUMBER
AZ 01-015
PROJECT NAME
Utility Subdivision
NAME
MAY 1 6 2002
FOR
AGAINST
CITY OF MERIDIA~NI
WE ARE SENDtNG ~U~
AS Requ~ :/'! . :Attached
Use Record
Prin_t(s) ' !~ Plan(s
£
THEREIN.'
PF
FOR
TOTAL
TIME:
6743
Sample(s)
ID 83642: i~,~i .208/322-8992 · Fax 208/378-0329
5-2002
CITY ~,MERtDIAN
Cost Estimating
Copy of Letter
Ii I t./
'~WARE OF THE PRECISION, OR LACK OFPRECISION,
NOT AS AN ACCURATE REPRESENTATIDN OF THE
~ RELIANCE OF THIS DATA.
HUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 · Meridian, ID 83642 Phone 208-322-8992 · Fax 208-378-0329
May 15, 2002
Meridan Planning and Zoning Comm/ssion
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642 ~
RECEIVED
MAY 15 2002
CiTY OF 'MERIDIAN
CITY CLERK OFFICE
Request to TABLE the Public Hearing for Annexation, Rezone and Preliminary
Plat Applications for Utility Business Park Subdivision, Falcon Creek, LLC
Dear Planning and Zoning Commissioners:
On behalf of Falcon Creek, LLC, the owner and developer of the proposed Utility Business Park
Subdivision, I am respectfully requesting the tabling of the public hearing for our annexation,
rezone and preliminary plat applications and the moving of this hearing item to your June 18,
2002 meeting agenda.
We are requesting to table our public hearing due to the architectural and design details of the
Sanitary Services site not being complete. We want to be able to provide staff, the Commission'
and the neighbors a preliminary plat and site plan they can review and support prior to a public
hearing. We are working with Sanitary Services and their architect to address each concern and
would like the additional time to finalize all of the details.
Thank you for understanding our desire to present a complete application to you and your staff
and tabling our annexation, rezone and preliminary plat applications until your June 18, 2002
agenda. Thank you.
Sincerely,
Ashley B. Ford
Senior Planner, Hubble Engineering, Inc.
Representative of Falcon Creek, LLC - Utility Business Park Subdivision
** TX CONFIRMATION REPORT
AS OF MAY 15 '02 11:21 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC POS CMD~ STATUS
0~ 85/15 11:19 PL~LIC WORKS UF--S 00'15" 001 192 OK
04 05/15 11:20 2~8888119~ EC--S ~'24" 001 192 OK
05 05/15 11:~1 888 ~854 EC--S 00'24" 001 192 OK
OHUBBLE ENGINEERING, INC.
701 S. AJlen St., Suite 102 · Meridian, ID 83842 Phone 208-322-8992 m Fax 208-378-0329
May 15,2002
Meridsn Planning and Zoning Commission
City of Meridian
33 East Idaho Street
Meridian, Idaho 836~2
RECEtVED
MAY I '5 ~002
CITY OF MERIDIAN
CITY CLERK OFFICE
Request t~ 'tABLE the Pablie Hesrinlg for Annexation, Rs. zone and prdiminery
Plat Applications for LTWity Basiness Park Sabdivision, Fskon Creek, LLC
Dear Planning and Zoning Commissioners:
On behalf of Falcon Creek, LLC, the owner and developer of the proposed Utility Business Park
Subdivision, I am respectfully ~equesti~ th~ tablin~ ofli~ public ~ f~r our anu~ation,
rezone and pre 'hminary plat applications and the moving of this h~aring item to your ~Iun¢ 18,
2002 meeting agemda.
We are requesting to lable our public hearing due to th~ archit~ and desi~ de~ails of the
Sanita~ $c~4c¢s sit~ not beillg complete. We w-~t to be able to provide staff, the Commission
and the neighbors a preliminary plat and site plan they can ~z~ew and support prior to a public
hearing. We are working with 8anitar~ Sm'vices and their srchitea ~o address each concern Md
would like the additional lime io finalize ali of the de~aiLs.
Thank you for understanding our desire to present a complet~ application to you a~d your staff
and tabling our annexation, rezone and prelimi~m~ plat applications umil your Jtme 18, 2002
agancla. Thank you.
Sincerely,
A~hl,y B. Ford
Senior Planner, Hubble ~ne~n~ ~c.
Sharon Smith
From:
Sent:
To:
Subject:
Sonya Day [days~ci.meddian.id.us]
Thursday, May 16, 2002 8:26 AM
'Sharon Smith'
FW: P & Z Meeting Scheduled for 5/16/2002
RECEIVED
MAY 1 6 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
..... Original Message .....
From: Wes Warren [mailto:wesmail@cableone.net] On Behalf Of
christiemail@cableone.net
Sent: Wednesday, May 15, 2002 8:16 PM
To: days@ci.meridian.id.us
Subject: P & Z Meeting Scheduled for 5/16/2002
May 15, 2002
Sirs,
We are unable to attend the meeting scheduled for Thursday, May 16,
2002, but wanted to make sure that we were able to send our voices to
you, our local board. Our interest is regarding the rezoning of the
corner or Ten Mile and Ustick Roads.
As members of the surrounding community, we feel that rezoning here for
industrial use (truck maintenance, expanded waste site, etc.) would be
an adverse addition to the community. The surrounding area is basically
residential, with most of the subdivisions made up of young families
with children. We feel that the increased truck traffic would not only
bring the noise and pollution associated with them, but a high safety
risk towards our children who use Ten Mile as a way to walk or bike to
school or other locations close by. Additionally, there is always the
lure these areas have for the kids (especialy boys) to check out the
trucks and other equipment, thus putting them closer to more risk of
injury. As any parent knows, no matter if if is forbiddion, or signs
are posted to keep out, kids will get in to check things out if they
want to bad enough.
I believe that a much more suitable location for the propective
busnesses would be closer to the freeway, perhaps near where the
proposed Ten Mile on and off ramps would be. Freeway locations are not
highly sought out for homes and subdivisions, for obvious reasons, so
would be ideal for an industrial area where increased truck traffic
would not be noticed as much, and would be a much lesser safety risk, as
fewer children live in that area.
Thank you for your time.
Sincerely,
Wes and Christie Warren
Concerned Neighbors and Parents
3148 W. Kendrick Street
Meridian, Idaho 83642
christimail@cableone.net
April 25, 2002
RECE VE]
Dear Major, City Council, and PAnning and Zoning Commission: CITY OF MERIDIAN
CITY CLERK OFFICf
My husband and I have lived at 2864 \ye: Joust Street in the Candlelight Subdivision for the
last year and a half. We have been following the progress and attending the meetings for the possible
development of the land located in North Meridian at Usfick and 10 Mile. We are very concerned
how the applicant wants to devdop this propert5 We understand that the next public hearing is
scheduled for NLay 1st. We will be out of town that day but understand that you are accepting written
testimony up to April 25. Please enter this letter into public record.
Let me say first that my husband and I understand that land must be developed and that the
applicant has the right to make a profit. That is what makes this country America. However, we do
feel that land should be used wisely and our city should be developed with the future and the safer,'
of its residents in mind. We understand there is a need for expansion for the SSC and Western
Recycling, however, we do feel that it would be better suited next to other industrial areas not right
next to neighborhood&
A group of residents met with Ma: Forrey on April 13· to discuss possible development.
We told Nix. Forrey we would support low density residential along Ustick, L-O limited quiet offices
in the middle with entrances off 10 Mile next to the sub station, small quiet industrial along the edge
of the Waste Treatment Plant and NO Transfer Station. This plan allows the applicant to sell and
make a profit off the land and to keep the area "harmonious and appropriate in appearance with the
e.,dsfing character of the general vicinity". Rezoning the entire plat to Light Industrial even with
conditional use permits does not foil°w Meridian City Code. ...The devdq~ment of raanufactudng and
wholesale establishments ~vhich are clean, quiet, and fbee of hazardous or objectionable elements such as noise, odor,
dust, smoke, glare, and that are aperated entirely or almost entirdy within enclosed structures;..
We would love to have the pa~k located in that area as ori~ally planned. We do however,
understand that the City only has so much money to spend on parks and since the owners that Mr.
Forrey represents won't take a smaller profit on a small section of the land, we would like to see the
1 acre proposed park be rdocated away from the Northwest comer of the plot Locating a park in
that area does not allow any real use of the land by residents and does in our eyes raise some safety
issues.
We love living in this area and had planned on staying here for many, many years. However,
if we can't find some sort of mutually acceptable comprise that won't drastically c.3m, xge our living
environment we will be forced to move away from this area.
Please feel free to contact either my husband or myself with any questions. Thank you for
your time and commitment to the future of Meridian.
Sincerely,
Sherri L. Moro & Daniel T. Whitted
April 15, 2OO2
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Falcon Creek, LLC
April 18, 2002
ITEM NO. 4
AZ01-015
REQUEST Continued Public Hearing from March 7, 2002 - Request for annexation and zoning
of 34.60 acres from RUT to I-L zones for proposed Utility Subdivision - 3365 North Ten Mile Road
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NA/VIPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
See previous Item Packet
See attached Staff Comments
See attached letters Irom Roger and Claire Sands and Roi)eft and Mary Helen Hempel
Materiab presented at public meetings shall become properly of ihe city of Meridian.
Robert D~ Hempel
3350 W. Kirkam Lane
Meridian, ID 83642
208-895-8094
RECEIVED
2 7 2002
Ci~-~ of Meridian
City Clerk Office
March 26, 2002
Meridian City Clerk
City Hall, 33 E. Idaho Ave.
Meridian, Idaho 83642
To all whom it may concern:
As a resident of the Ten Mile Greens development, I would like to voice a protest to
the proposed change in zoning to allow the trash trucks to utilize the N. W. corner of
the intersection of Ten Mile and Ustick roads.
It seems almost unbelievable that you would allow all of the first class residential
development to go on in this area of the city, including the hundreds of thousands of
dollars that have most recently gone in to the Hubble Homes' project, and then
deface the area by allowing the proposed industrial development to get a serious
hearing, Do you think they would have made this investment, had they considered
you might allow the industrial development to go just across the street from them?
Do you think they would ever realize the just return they might expect on their
investment? It was my understanding, when we built here, that a small park was
proposed for that corner.
I ask you what your response would be if YOU had just bought/built in the area?
My Bible says "Do unto others as you would have them do unto you."
Hoping you will vote to refuse the defacing of this area by an industrial
development.
Sincerely,
Meridian City Clerk
City Hall, 33 E Idaho Av
Meridian, Id. 83642
Dear Council Members,
RECEIVEB
APR - 9 2002
City of Meridian
City Clerk Office
It is my understanding that the site at Ten Mile and Ustick is still a consideration for industrial zoning
although the school district is looking elsewhere for property for a school bus barn.
It is gratifying to know that citizens are working to prevent this same location from becoming a waste
Transfer station and recycling station with trash trucks coming and going daily.
We as citizens and taxpayers in Meridian are against the zoning for industrial use at the northwest
Corner of Ustick and Ten Mile and believe this should be zoned as residential single family homes in
conjunction with surrounding area. Thank you.
Roger A. Sands
MAYOR
Robert D. Corde
CITY COUNCIL MEMBERS
Keith Bird
Tammy deWeexd
Cherie McC~ndless
William L. M. Nary
HUB OF TRE~URE V/ILLEr
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) 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
MEMORANDUM:
April 12, 2002
To:
From:
Mayor, City Council and Planning & Zoning Commission
Planner 1I~
David
McK;nnoII,
Senior Engineering TechniC-gl_
Bruce Freekleton,
Utility Business Park Subdivision
RECEIVED
APR ! 5 2002
C_ity Of Meridian
city Clerk Office
· Request for Annexation and Zoning of 34.60 Acres from RUT to I-L by
Falcon Creek, LLC (File AZ-OI-OlY)
Request for Preliminary Plat of 12 Building Lots on 34.60 Acres in a
Proposed I-L Zone by Falcon Creek, LLC (File PP-OI-O17)
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 Conncil:
APPLICATION SUMMARY
The following report has been revised to reflect the changes to the preliminary plat that
have been proposed by the Applicant, Staff received the proposed changes on April 3,
2002. The property has been re=noticed in accordance with the Planning and Zoning
Commission's request, The applicant has increased the number of buildable lots from
seven (7) lots to twelve (12) lots. The requested zoning designation is still Light Indnstrini
(I-L). The applicant has removed the "Bm" use from the property, and has reduced the
landscape buffers to twenty-f 'we feet (25') from thirty-five feet (35').
On February 19, 2002, the City Council approved a text amendment to the City's 1993
Comprehensive Plan that added the following statement to the current Plan:
Limited tioht ind[ustrial development mqy be considered ink, mediately adiacent to the City's
waste treatment uln~nt,
The Applicant, Falcon Creek LLC, proposed the following text amendment that the City
Council denied:
Industrial Development should be encouraged to locate adjacent to or near the City's
Waste Water Treatment Plant,
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 2
There have been no amendments to the Generalized Land Use Map and the subject
property's land use designation is still "Agricultural/Rural Residential". )
The Applicant, Falcon Creek LLC, has applied for the annexation, rezoning and preliminary plat
approval of a 34.6-acre parcel of land, located south of the Meridian City Wastewater Treatment
Plant. The applicant's preliminary plat request, if approved, will split the property into twelve
(12) building lots. The requested zoning designation for the entire subdivision is Light Industrial
(I-L).
The Meridian City Code (MCC) defines the Light Industrial Zoning District as follows:
The purpose of the I-L Light Industrial District is to provide for light industrial development and
opportunities for employment of Meridian citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the development of manufacturing and wholesale
establishments which are clean, quiet, and free of hazardous or objectionable elements such as
noise, odor, dust, smoke, glare and that are operated entirely or almost entirely within enclosed
structures; to delineate areas best suited for industrial development because of location,
topography, existing facilities, and relationship to other uses. This district must also be in such
proximity to ensure connection to the Municipal water and sewer systems of the City. Uses
incompatible with light industry are not permitted and strip development is prohibited
The Applicant has not submitted development plans for any parcels within the subdivision;
however, the applicant has requested approval of the development of Lot 1, Block 1, for Western
Recycling; Lot 2, Block 1, for Sanitary Services Corporation; and Lot 12, Block 1, as a one-acre
park site. The applicant has requested that the following "uses" [listed in the Schedule of Use
Control (MCC11-8-I) as permitted uses in the I-L Zone] for Lots 1 and 2 of the subdivision:
Equipment- Heavy, Farm etc. (sales and repair)
Machine Shop
Motor Vehicle Repair
Public Utility Yards
Recycling Plants
Solid Waste Transfer Stations
Warehousing and Wholesaling
The Applicant has proposed proht~biting the aforementioned uses on all other lots within the
subdivision. Furthermore, the Applicant has proposed that the remaining lots (Lots 3-11) be
subject to a Development Asreement. The Development Agreement that would require a
conditional use permit for all other u~es listed as permitted or conditional uses in the I-L zone,
according to the Schedule of Use Control (MCC11-8-1), and prohibit the following uses (in
addition to the uses listed above):
Truck Stops
Asphalt and Concrete
Bulk Storage of Flammable Materials
Fabricated Metal Products
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 3
Fuel Yards
Leather Products
Lumber Yards
Mobile Home Manufacturing
Molded Plastic Products
Processing Plants
Railroad Yards and Shops
The submitted site plan includes a cul-de-sac in excess of four-hundred and fifty feet (450').
The Applicant has proposed a one (1) acre park in the far northwest corner of the property.
LOCATION
The subject 34.6-acre parcel of land is located on at the northwest corner of Ustick and Ten Mile
Road. The property is adjacent to the Meridian Waste Water Treatment Plant and is bounded on
the north by Five Mile Creek and Nine Mile Creek on the west.
SURROUNDING PROPERTIES
North: Meridian Wastewater Treatment Plant, zoned I-L.
South: Englewood Subdivision and Dakota Ridge Subdivision, zoned R-4.
East: Hartford Subdivision and the proposed Bridgetower Subdivision, zoned R-4.
West: A residential home (Charles Crane), zoned R-2 (City) and agricultural land, zoned RUT
(County).
ANNEXATION & ZONING ~ANALYSlS
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:
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;
Staff finds that the requested zoning I-L is not in compliance with the adopted
Generalized Land Use Map, which designates the land to be agricultural/rural
residential.
This alone does not indicate that the requested zoning is not in harmony with the
Comprehensive Plan. Staff finds that there is evidence provided within the text to
AZ-OI.015, PP-01-017 Utility ~lglivi~km. AZPP.DOC
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 4
determine that the requested zone change may or may not be harmonious with the
comprehensive plan.
The Land Use chapter of the Comprehensive Plan (pg.24) offers the following
policies that will support the requested zoning:
3.5 Industrial development should be encouraged to locate adjacent to existing
industrial uses.
3.6 Industrial areas shouM be located within proximity to major utility,
transportation and service facilities.
3.10 Industrial uses should be located where adequate water supply and water
pressure are available for fire protection.
The following policies raise questions concerning the requested I-L zoning:
3.4 Industrial uses adjacent to residential areas should not create noise odor, air
pollution and visual pollution greater than levels normally associated with
surrounding residential structures.
The recently adopted Comprehensive Plan text amendment: Limited light
indu~al development may be considered immediately adjacent to the city's
waste treatment plant.
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 accen been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The existence of the waste treatment plant in this area has created many questions
concerning what uses are appropriate adjacent to such a facility. The City
Council is still trying to determine what uses would be appropriate adjacent to the
Wastewater Treatment Plant. The City Council will hold a public meeting on
April 17, 2002 concerning the future land use designation of this area, in addition
to other topics of debate concerning the new Comprehensive Plan.
Staff has recommends a "Mixed Use" land use designation on the new
Comprehensive Plan.
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;
AZ-01-015, PP-01-017 Utility ~PP. DOC
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 5
The uses proposed by the applicant will change the existing rural/residential
character of the general vicinity. The Comprehensive Plan's Future Land Use
Map indicates that the intended character of the area is "agricultural/rural
residential".
The Applicant has proposed only two (2) specific uses at this time, a recycling
center and a facility for the Sanitary Services Corporation (SSC) (parking and
maintenance of garbage trucks and a solid waste transfer station). No
development plans have been submitted for the uses, therefore the design and
construction of the buildings for the proposed uses can not be reviewed for
appropriateness at this time.
The aforementioned uses and all other proposed uses, as submitted by the
Applicant, will be required to go though additional zoning approval (certificate of
zoning compliance or conditional use permit) prior to construction and operation
on this property. At that time, the design and appropriateness of the uses will be
highly scrutinized.
De
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council shall rely on public testimony to determine whether
or not he proposed uses will be disturbing or hazardous to the neighboring uses.
Staff finds that, based on previous public testimony, the proposed uses will be
disturbing to the existing residential uses.
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;
Staff finds that additional roadway improvements will be required to handle the
additional traffic generated by this development. ACHD and the applicant are
working together to determine the extent of the required improvements. All other
public services and facilities appear to be adequate to service this property.
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;
Stafffinds that there will be not additional requirements at public cost and that the
annexation and zoning will not be detrimental to the community's economic
welfare.
AZ,-01-015, PP-01-017 UCdlity 8ubdivision. AZ. PP.DOC
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 6
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;
The proposed uses will bring in more noise, traffic and smoke into the area from
increases in employee and work related vehicles, odors from garbage trucks and
noise from motor vehicle service bays. Staff finds that the proposed industrial
uses will be detrimental to the persons and property in the surrounding residential
areas,
The aforementioned Comprehensive Plan policy 3.4 of the Land Use chapter
requires industrial uses adjacent to residential uses to have noise, odor and smoke
generation equivalent to the surrounding residential areas. The proposed uses will
generate more noise smoke and odor than any of the surrounding residential
development
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 the proposed uses will affect traffic on the surrounding streets.
The increased number of employee vehicles and large commercial vehicles
entering and exiting the property will create interference that does not currently
exist at this time.
I.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Five Mile Creek and Nine Mile Creek are immediately adjacent to the site, both
of which are scenic and environmentally sensitive. Staff recommends the
applicant be required, at minimum, to prepare an Environmental Impact
Assessment for the site and the uses proposed within the site. it is not possible for
staff to discern whether the uses allowed within the I-L zone would be designed
or operated in such a way that no natural or scenic features of major importance
will be lost or dmnaged by approving the annexation and re-zone.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. S92, 11-17-1992)"
Staff finds that the annexation of this property at some date in the future would be
in the best interest of the City; however, Staff does not support the rezone of the
entire property to Light Industrial (I-L).
AZ-01-015, PP--01-017 ~ Subdivi~onAk~PP.DOC
Planning 8: Zoning Commission/M~yor & City Council
April 12, 2001
Page 7
AI~DIT!ONAL CONSIDERATIONS
The recent text amendment to the 1993 Comprehensive Plan indicates that limited light industrial
uses may be considered in this area only if the industrial uses are immediately adjacent to the
Waste Water Treatment Plant (I~ts 1, 2, and 12).
Therefore, Staff recommends that only those lots that are immediately adjacent to the Waste
Water Treatment Plant (Lots 1, 2, and 12) have the possibility of being zoned Light Industrial (I-
L).
Staff supports a less intense zoning designation such as L-O or C-N for Lots 3-11, in addition to
requiring a conditional use permit prior to future development.
ANNEXATION AND ZONI~IG CQMMENTS
The legal description submitted with the application appears to meet 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 are
available to the subject property.
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.
A development agreement shall be entered into between the city and the applicant. The
development agreement shall require that all uses within the subdivision be approved though
the conditional use permit process. (This will allow the city to place additional conditions
on the proposed uses in order to mitigate or otherwise control the negative impacts of created
by the listed uses.)
RECOM J AT ON l OR zo G
Staff recommends that the Commission and Council determine what uses that they find
appropriate for the subject property, and then to zone it accordingly. If the Commission and
Council determine that the property should have more than one zoning designation, a new legal
description will be required for each zone.
Staff recommends denial of the annexation if the entire property is to be zoned Light Industrial
AZ-4)I-015, PP-01-017 Utility Subdivis~o, AT~PP.DOC
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 8
PRELIMINARY PLAT FINDINGS AND REOUIREMENTS
Sections 12=3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision the Commission/Council shall consider the objectives of this title and at least the
following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
As noted above, the subdivision is in conformance with some of the Comprehensive
Plans policies (3.5, 3.6, and 3.10) and is not in harmony with the Land Use Map policy it
3.4 and the text amendment, ff the Commission and Council fred that the requested
annexation and zoning is in compliance with the Comprehensive Plan,-then the
subdivision is in conformance with the Comprehensive plan as well, with one exception,
pathways.
The adopted Meridian Comprehensive Plan indicates that a pathway should be installed
along the Five Mile Creek. The applicant has not proposed a pathway along this
waterway. In order to be in conformance with the Comprehensive Plan a pathway should
be installed along Five Mile Creek.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are readily available to the lots within the proposed
subdivision, provided changes as may be required by the Public Works and Building
Departments are made.
e. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds.
d. The public financial capability of supporting services for the proposed
development;
Staff finds that the development will not require major expenditures for supporting
services.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff does not foresee any health, safety or environmental problems associated with the
subdivision that should be brought to the Council or Commission's attention.
AZ-OI-OIS, PP-O1-017 Utility Subdivision. AZ. PP.~
Planning & Zoning CommiSsion/Mayor & City Council
April 12, 2001
Page 9
ADDITONAL CONSIDERATIONS
Lot 12, Block 1 of the proposed subdivision is a one-acre parcel of land that has been set aside
by the developer as a "Development Area - Provided to the Meridian Parks and Recreation
Department for pathway park use." The location of the parcel is in the far northwest comer of the
subdivision, adjacent to the Wastewater Treatment Plant and the Sanitary Services Corporation
parcel, with no vehicular or pathway access. The park will not be easy to maintain as there is no
access, and it will be hidden from public view, creating possible safety problems in the future.
Staffdoes not support the proposed one-acre park in this location.
The proposed cul-de-sac is in violation of the Meridian City Code that prohibits cul-de-sacs from
being over four-hundred and fffiy feet (450') in length 0VICC 12-4-2 F). Staffwill not support a
variance for this cul-de-sac. The applicant should reduce the length of the cul-de-sac, or provide
a through road connecting to Ustick Road.
Lot 8, Block 1 appears to staff to be an unusable lot due to its awkward shape (it surrounds Lot 7
on three sides). Staff recommends revising the plat either to eliminate Lot 8, or to reconfigure
the lots so that Lot 8 will be useable lot without requiring the future re-platting of Lots 7 and 8.
SITE SPECIFIC COMMENTS
Sanitary sewer and water service to this site shall be via existing and new service lines
from the existing mains adjacent to the property.
The sidewalks shall be detached along Ustick and Ten Mile Road and a five-foot (5')
wide (minimum) landscaped parkway shall be installed between the curb and sidewalk in
accordance with the adopted Landscape Ordinance. Ten (10) copies of a revised
preliminary plat shall be submitted to the Planning and Zoning Staff at least ten (10) days
prior to the next public hearing for this project.
The preliminary plat shall be revised to accommodate either a cul-de-sac that is less than
four hundred and fifty feet (450') in length or a through sweet that will connect Ten Mile
and Ustick Road through the subdivision. A five-foot (5') wide sidewalk shall be
required along the cul-de-sac or street. Ten (10) copies of a revised preliminary plat shall
be submitted to the Planning and Zoning Staff at least ten (10) days prior to the next
public hearing for this project.
The City of Meridian will not accept Lot 12 for park/pathway use unless the developer or
the Business Owners Association maintains the lot. Any changes to Lot 12 will require a
revised preliminary plat. Ten (10) copies of the revised preliminary plat shall be
submitted to the Planning and Zoning staff for review at least ten (10) days prior to the
next public hearing for this project.
The applicant shall work with the Parks Department to determine the location,
landscaping, and other improvements associated with a Multi-use pathway along both the
Five Mile Creek. Ten (10) copies of a revised site plan indicating the location, width,
AZ-OI-OIS, PP-01-017 Utility Subdivision. AZ, PP.DOC
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 10
landscapin8 and associated improvements of the pathway(s) shall be submitted at least
ten (10) days prior to the next public hearing.
The submitted landscape plan is not approved. The submitted landscape plan includes
conifers in the street buffer, all of which will have to be replaced in order to comply with
the adopted landscape ordinance. Additional landscaping shall be required adjacent to
the Nine Mile Drain to buffer the residential property to the west. Staff recommends at
least one (1) tree every twenty (20) lineal feet, and a solid sight-obscuring fence in
addition to all Parks Department requirements for landscaping adjacent to the pathways
[minimum five (5) feet]. Ten (10) copies of the revised landscape plans shall be
submitted to the Planning and Zoning staff for a review of completeness at least ten (10)
days prior to the next public hearing.
A note shall be added to the face of the plat requiring the Business Owners Association to
maintain the twenty-five-foot (25') wide street buffer easement.
o
A permanent perimeter fence shall be required around the entire subdivision, unless the
City of Meridian agrees in writing that a fence is not required. Fencing details shall be
submitted with the final plat submission.
A detailed irrigation plan including performance specifications shall be submitted as part
of the required landscaping plan for the final plat.
10.
All of the required street buffer landscaping, and perimeter fencing shall be installed prior
to the issuance of a Certificate of Occupancy for any building on any lot created by the
subdivision.
11.
Any tree over four inches (4") in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper inches of
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
12.
Ail parking shall be retained on-site for all buildings and businesses within the
subdivision.
13.
A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties" and City of Meridian standards and
policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells on the fmai plat.
AZ-01-0115, PP-014)17 ~ Subdivi~2~Pp,DOC
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 11
14.
Assessment fees for water and sewer service are determined during the building plan
review process.
15. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
16.
Revise the preliminary plat map to show the existing City of Meridian sanitary sewer
easement adjacent to and across the subject site.
GENERAL COMMENTS
Any existing domestic wells and/or septic systems within this project will have to be
removed ~om their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigatiov.
Please submit a copy of the Ada County Street Name Committee's final approval letter
for the subdivision name, lot and block numbering. Make any corrections necessary to
conform.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the
final plat.
Two-hundred, and one-hundred-watt, high-pressure sodium streetlights will be required
at locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections and/or fire
hydrants.
COMPREB-ENSIVE PLAN ANALYSIS
In addition to the analysis performed earlier in the report, staff offers the following additional
Comprehensive plan analysis
The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this
application. The following sections most directly apply to the proposed project and are repeated
here for the Council and Commission's consideration during the hearing process.
Goal 3 is "to encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and implement public
improvements, services, and its open space character."
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere that
encourages.., commercial enterprises to locate in Meridian.
AZ-01~IS, PP-01~I7
Planning & Zoning Commission/Mayor & City Council
April 12, 2001
Page 12
1.3
The character, site improvements and type of new commercial or industrial developments
should be harmonized with the natural environment and respect the unique needs and
features of each area.
m CO m)AI ON
Staffdoes not support the current configuration of the preliminary plat for the following reasons:
. Lot 12, the "park/pathway" lot, is poorly located and the City of Meridian Parks
Department does not want to maintain a small park with no access.
- Lot 8 of the proposed subdivision is not a useable lot in its current configuration
surrounding Lot 7.
- The cul-de-sac is longer than the maximum allowable length.
- The requested I-L zone for the entire subdivision does not comply with the City of
Meridian Comprehensive Plan, specifically the most recently adopted text amendment
limiting consideration of light industrial uses to areas immediately adjacent to the
wastewater treatment plant.
-01-017 Utilily $~P.DOC
MAR-19-2002 11:49 HUBBLE HOMES [_LC 208 45J 0551 P.Bl×O1
Fast Note to Sharon Smith, Meridian City
Clerk...Here is a copy of my e-mail message to
you this morning. Thank you ... Wayne. S. Forrey
Dear Clerk Sharon Smith:
... 19 March 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
The proposed Utility Business Park Subdivision property is owned by and
will be developed by Falcon Creek LLC. The Site includes 34.60 acres at
the northwest corner of Ustick and Ten Mile Roads adjacentto the Meridian
Waste Treatment Plant. The developer is requesting annexation into the
City of Meridian with proposed zoning of Industrial (I-L) and Preliminary
Plat approval with a Development Agreement,, The proposed Utility
Business Park Subdivision Preliminary Plat includes twelve (12) buildable
lots.
Regarding the cost to renotice the April 18, 2002 public hearing, Falcen Creek
LLC. will pay all associated costs and reimburse the City of Meridian for these
expenses.
Thank You! Wayne S. Forrey, Representative of Falcon Creek LLC.
MAR 19 '02 11:45
463 0551
TOTAL P.O1
PAGE.Oi
Meridian Plannin.q and Zonin~ Commission Meetin.cl October 18, 2OO1
APR 1 8 2002
The regularly scheduled meeting of the Meridian Planning and Zoning Commission was
called to order at 7:00 p.m. on Thursday, October 18, 2001, by Chairman Keith Borup.
Members Present: Keith Borup, Sally Norton, Bill Nary, Jerry Centers and Keven
S h reeve.
Others Present: Steve Siddoway, Bruce Freckleton, Larry Moore, Dean Willis, Tara
Greer~ arid Will Berg.
'Nal'¥:
"BTU it's not a light industrial zone in this Comprehensive Plan and that's what we are required to
re'dew. "l'I~is tells me thai 'we are supposed to look at what you're proposing in relation to the plan
that's in existet'..ce today and see if it's compatible. Compatibility in my mind is if it was an R-4
zone and we are proposing an R-8 zone. we can decide of that's compatible enough to not have to
ame:nd tl~e plan completeiy. Well, it's rural residential to industrial, those are not compatible
zor~es in anybody's book."
"But I can't read our o~dinance any other way, except that this -- this is -- there is no way that
anybody would believe that this is a compatible use in the existing plan."
Road approximately 1,000 feet west of Ten Mile.
t0. The subject property is bordered to the south bv Englewood Creek
Estates Subdivision, to the north, east and ~vest by rural a~icultural property. The
city limits of the City of Meridian are adjacent and abut to the south of the subject
property.
11. The property which is the subiect of this application is ~vithin the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning A~:ea as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
1..'3. The Applicant/Owner has no present plans to develop the property
other than to divide the property and sell one parcel, but anticipates it ,vill be
developed as Low Density Single-Family Dwellings.
l~i. The Applicant requests zoning of the subject real property as Low
Densi~:y Residential (R-4) which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subiect property as Low Density
Single Family and Rural Residential Housing.
t 5. · Tl";ere are no significant or scenic features of major importance that
affect the consideration of this application.
16. This matter was reopened for public hearing in order to receive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXAJ'FiON AND ZONING/BY CHARLES CRANE
Revisions 01:26-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF CI-LKRLES
CRANE. THE APPLICATION FOR
ANNEXATION AND ZONING
OF !.9 ACtUES FOR AT 3610 W.
USTICK RD ,MERIDL&N, IDAHO
Case No. AZ,99-013
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for punic !-team,,g on September 21, 1999, and continued to October 5, 1999, and
Shari Stiles appeared a:xd commented, and the Applicant, Charles Crane, appeared
and me matter was continued for public hearing to November 3 1999, at the hour of
7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared
arid r. estified, and appearing and testifying was the Applicant and owner, Charles
,..rane an,ti no o~e appeared in opposition, and the matter was reopened for public
b~earip, g on JatmaO' !8, 2000, aixd appearing and testifying were Shari Stiles, Planning
and Zomng Administrator, and Gar',' Smith. Public Works, and the applicant,
Ct~arles Crane, appeared and testified, and no one appeared in opposiuon, and the
bi .... 3,.Nt.,5 OF FACT ,qND CONCLUSIONS OF LAW - Page i
AND DEC~.SION fUND O[LDER GRANTING APPLICATION
FOR. ~U'qNEXA.TION zhND ZONING/BY CHARLES CRANE
PUBLIC HEARING
SIGN-UP SHEET
DATE
18-Apr-02
PROJECT NUMBER
Utility Subdivision
PROJECT NAME
PP 01-017
NAME
FOR
AGAINST
}~CE~D
APR ! 8 2002
PUBLIC HEARING
SIGN-UP SHEET
DATE
18-Apr-02
PROJECT NUMBER
Utility Subdivision
PROJECT NAME
AZ -01-015
NAME
FOR
AGAINST
APR 1 8 2002
CITY OF MERIDIAN
APR 18 2002
CITY OF ~ERII)IAN
Utility Business Park Subdivision
Falcon Creek LLC.
Meridian File #AZ-01-015 and #PP-01-017
Meridian Planning and Zoning Commission
April 18, 2002
Developer Requested Changes To The Utility Business Park Property
As A Result Of The April 17, 2002 Meridian City Council Work
Session On Comprehensive Plan Future Land Uses.
Prepared By:
Wayne S. Forrey, AICP
Representative of
Falcon Creek LLC.
Utility Business Park Property- Falcon Creek LLC.
'Meridian File #AZ-01-015 and #PP-01-017
Developer Requested Changes To The Utility Business Park Property
As A Result Of The April 17, 2002 Meridian City Council Work Session
On Comprehensive Plan Future Land Uses.
Note No. 1 - The Meridian City Council recognizes that this property needs
a Special Land Use designation due to proximity to the Meridian Waste
Treatment Plant.
Note No. 2 - The Meridian City Council has directed City staff to create a
new land use classification of Mixed Use - Waste Treatment Plant (MU-
WTP) for the Utility Business Park property.
Note NO. 3 - The Meridian City Council discussed the following type of uses
that would be appropriate in the new Mixed Use Classification of MU-WTP
for the Utility Business Park property.
No New Residential Uses
Existing Residential Uses May Remain
Professional Office Uses
Warehousing Uses
Flex-Space Uses
Office / Warehouse Uses
Business Park Type Uses
Mini-Storage
Note No. 4 - Unless otherwise permitted by City-adopted incentives, all
developments proposed in the Mixed Use -Waste Treatment Plant (MU-
WTP) area will require approval as a Planned Development through the
CUP process.
Note No.5 - The Meridian City Council indicated that Limited Office (L-O)
zoning was an appropriate transition buffer between Industrial Zoning and
Residential Subdivisions.
'!I II l tlili
I
I
Falcon Creek LLC.- Utility Business Park Subdivision
Development Agreement
Exhibit B Amended - April 18, 2002
Element No. 1 - All Land Use development on lots 3, 4, 5, 6, 7, 8, 9,
10, and 11 of Block 1 of Utility Business Park Subdivision is subject to
Conditional Use Permit (CUP) requirements within the City of
Meridian.
Element No. 2 o All of the land comprising lots 3, 4, 5, 6, 7, 8, 9, 10,
and 11 of Block 1 of Utility Business Park Subdivision will be zoned
Limited Office (L-O) and be subject to Conditional Use Permit (CUP)
requirements within the City of Meridian.
Element No. 3 - The City of Meridian shall establish a future land use
designation of Mixed Use - Waste Treatment Plant (MU-WTP) to
further define the types of land uses that can be developed at Utility
Business Park-Subdivision.
Utility Business Park- Falcon Creek LLC.
Sanitary Services Inc, Development Consideration
as a Public Utility Subject to Ada County Landfill
Operations - Justification for Modified CUP
Sanitary Services Inc. is subject to the Ada County Landfill operations
for solid waste disposal. Ada County controls the current landfill
operations and the County is evaluating several alternative locations
for a new landfill operation. The new landfill will most likely be
located much farther from Meridian than the current Seamon's Gulch
Landfill site. If the current Seamon's Gulch Landfill remains open,
Sanitary Services Inc. may not need a transfer station and therefore
Sanitary Services would agree to a CUP requirement for a Transfer
Station facility. However, if the Seamon's Gulch Landfill closes,
Sanitary Services Inc. absolutely must have a waste transfer station
and could not agree to a CUP process for this critical, essential public
service facility.
To address this uncertain public utility situation, we propose the
following language as an approval condition for the Utility Business
Park Subdivision. This condition would also be included in the
Development Agreement as follows:
"Lot 2 of Block 1 of the Utifity Business Park Subdivision shall be
Owned and occupied by Sanitary Services Inc. If Sanitary Services
Inc. determines that a solid waste tranSfer station is needed to
provide efficient public services, then a Conditional Use Permit (CUP)
for this facility will be required only if the Seamon's Gulch Landfill is
open and available to Meridian residents. If the Seamon's Gulch
Landfill is closed or not available to Meridian Residents, then Sanitary
-Services Inc. will not be required to apply for a CUP for a solid waste
transfer station facility."
Falcon Creek LLC. - Utility Business Park Subdivision
Development Agreement
Exhibit C Amended -April 18, 2002
Element #1 - All Land Use development on lots 1, 2 and 12 of Block 1
of Utility Business Park Subdivision is subject to Conditional Use
Permit requirements within the City of Meridian.
Element #2 - All land comprising lots 1,2 and 12 of Block 1 of Utility
Business Park Subdivision will be zoned Industrial (I-L) within the City
of Meridian.
Element #3 - Falcon Creek LLC., the developer of Utility Business
Park Subdivision, will provide Lot 12 of Block 1 to the Meridian Parks
and Recreation Department for public use as pathway park space.
This land area will be credited toward open space and/or impact fee
requirements as negotiated with the City of Meridian.
Element #4. Falcon Creek LLC., the developer of Utility Business
Park Subdivision, will develop Lot 1 of Block 1 for the Western
Recycling Company business as a Conditional Use in the Meridian I-
L zone.
Element #5 - Falcon creek LLC., the developer of Utility Business
Park Subdivision, will develop Lot 2 of Block 1 for Sanitary Services
Inc. Company as a Modified Conditional Use in the Meridian I-L zone.
The conditional use permit for the waste transfer facility portion of
their development will be subject to the following condition as follows:
"Lot 2 of Block 1 of the Utility Business Park Subdivision shall be owned and occupied
by Sanitary Services Inc. If Sanitary Services Inc. determines that a solid waste
transfer station is needed to provide efficient public services, then a Conditional Use
Permit (CUP)for this facility will be required only if the Seamon 's Gulch Landfill is
open and available to Meridian residents. If the Seamon's Gulch Landfill is closed or
not available to Meridian Residents, then Sanitary Services Inc. will not be required to
apply for a CUP for a solid waste transfer station facility."
Utility Business Park Property- Falcon Creek LLC.
Meridian File #AZ-01-015 and #PP-01-017
Developer Requested Changes To The Utility Business Park Property
As A Result Of The April 17, 2002 Meridian City Council Work
Session On Comprehensive Plan Future Land Uses.
We respectfully request the Meridian Planning and Zoning
Commission to take these actions:
1. Accept Public Testimony on our applications.
2. Continue our applications to your next available
meeting date.
3. Direct City Staff to prepare a revised staff report
given the new direCtion and information resulting
from Falcon Creek LLC. and the Meridian City
Council land use work session.
: KI, IOPP ~IROI, II, I ~I~CHITECT$ '20~.'1-~2'2d7 P. 02
I
,- ,,it,; !
--- ~ , ~
I
I
Message Page 1 of 1
Sharon Smith
From: Sonya Day [days@ci.meridian.id.us]
Sent: Tuesday, April 16, 2002 9:14 AM
To: 'Sharon Smith'
Subject: FW: feedback on industrial subdivision at Ustick & Ten Mile Rds.
..... Original Message .....
Fr~m: Bob Sharer [mailto:bshafer~tiremaster.com]
Sent: Tuesday, April 16, 2002 8:54 AM
To-' 'days@ci.meridian.id.us'
Subject: feedback on industrial subdivision at Ustick & Ten Mile Rds.
RECEIVED
APR 1'6 2002
CITY OF lVlERIDIAN
CITY CLERK OFFICE
Dear Planning Commission members, I urge you please, do not approve the industrial
subdivision that is trying to develop at this site. I am unable to make the meeting due to my
business travel schedule.
Robert $. Shafer
2773 North Fieldstone Way, Meridian
4/16/02
RECEIVED
APR 1 5 2002
City of Meridian
City Clerk Offico
February 6, 2002
1503 FIRST STREET SOUTH
FAX # 208
Agril Is, ~oo~
I~ r_.rn s q~5
Will Berg, City Clerk
City of Meridi~
Meridian, ID 83642
Re: PP 01-017 Revised Plat for Utility Business Park Subdivision
Dear Commissioners:
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed. Please contact Ms. Donna Moore, Asst. Secretary/Treasurer at the
District's main office at 466-7861.
All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans. The developer must comply with Idaho Code §31-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH' din
Cc:
File- Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS- 40,000
RECEiVeD
APR 1 5 2002
City of Meridimn
City Clerk
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX It 208-463-0092
11 April 2002
Falcon Creek LLC
3350 Americana Terrace
Boise, ID 83706
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Land Use Change Application - Utility Business Park
Dear Falcon Creek:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
Sincerely,
Donna N. Moore, Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DNM/smc
CC:
enc.
File
Water Superintendent
Will Berg, City Clerk, Meridian City
Wayne Forrey, 701 S. Allen Street, Suite 104, I~eddiah?: ID_83642_
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBER5
William L. M. Nary
Keith Bird
Tammy deWeerd
Chede McC. andleas
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
LF.~AL DEPARTMENT
(208) 288-2499 · Fax 288-250!
PUBLIC WORKS
(208) 898-5500 · Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(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 Clerk's Office
Attn: Will Berg, City Clerk, by: .t~fil 11, 2002
Transmittal Date: April 4, 2002 Headng Date:
File No.: PP 01-017
Request:' Revised Plats for Utility Business Park
Apdi 18, 2002
By: Falcon Creek, LLC
Location of Property or Project: 3365 North Ten Mile Road
David Zaremba, P/Z (No VAR, VAC, FP)
Jerry Centers, PIZ (No VAR, VAC, FP)
Leslie Mathes, P/Z (No VAR, V,~C, FP)
Keven Shreeve, P/Z (No VAR, VAC, FP)
Keith Bomp, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VaR, VAC, FP)
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School Distdct (No FP)
Meridian Post Office (FP/PPonly)
Ada County Highway District
Community Planning Assoc.
Central Distdct Health
Nampa Meridian Irfig. District
Settlers Irrigation Distdct
Idaho Power Co. (FP/PP only)
U.S. West (FP/PP only)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PPonly)
Idaho Transportation Department (NoFP)
Ada County (Annexagon only)
GENERIC TRANSMITTAL SHEET
SUBJECT: ~) b~[l~r~
CONTENTS:
Co~~TS:
DATE:
SIGNATURE:
~i~oooo
oo~o
DO0000
000
O0
O0
~, O0
/ O000o
ooooo
00000
,~ 3000C
~ /~-'0~.0, 00
' .~00/'00
Ii
Falcon Creek LLC. - Utility Business Park Subdivision
Development Agreement
Exhibit B
All Land Use develoPment on lots 3, 4, 5, 6, 7, 8, 9, 10 and 11 of
Block 1 are subject to Conditional Use Permit requirements within the
City of Meridian. Falcon Creek LLC., Agrees and Accepts that the
following Land Uses are Prohibited to be developed within the Utility
Business Park Subdivision on Lots 3, 4, 5, 6, 7, 8, 9, 10 and 11 of
Block 1, as follows:
Truck Stops
Asphalt and Concrete
Bulk Storage of Flammable Liquids or Gasses
Equipment - Heavy, Farm etc. (sales and repair)
Fabricated Metal Products
Fuel Yards
Junk Yards
Leather Products
Lumber Yards
Machine Shop
Mobile Home Manufacturing
Motor Vehicle Repair
Molded Plastic Products
Processing Plants
Public Utility Yards
Railroad Yards and Shops
Recycling Plants
Solid Waste Transfer Stations
Falcon Creek LLC., the developer of Utility Business Park
Subdivision, will seek Conditional Use Permits to develop uses
that are among the circled land uses in the attached Zoning
Schedule of Use Control, Section 11-8-1 within the Meridian I-L
zone.on Lots 3, 4, 5, 6, 7, 8, 9, 10 and 11 of Block 1, of Utility
Business Park Subdivision.
11-8-1 I IJ['
CHAPTER 8
ZONING SCHEDULE OF USE CONTROL
11-8-1
SECTION:
.'-'-~
1 1-8-1 Zoning Schedule Of Use Control
? ...................................
11-8-1 ZONING SCHEDULE OF USE CONTROL: See the following
pages of this Chapter for the "Zoning Schedule of Use
Control" table.
City of Meridian
u.I
0 000 0 ~.. 0 0
II
0 C..) 0 0
01%.
@®
0 '0 ..... ~-0 ..........
CL
.. I
- ®~ ®
0 0
®®®®
II
5 z
,_
n5 (DO 0000 Oa. (DO
(D
LU
0 O0 O0 O0 0 O0
Z
0
0 000 0
0 O, (.3 o
11-8-1 11-8-1
Do
Livestock And Poultry Prohibited; Exception: Within any of the
zoning districts of the City, it shall be unlawful to use the land for the
keeping or housing of poultry or livestock. All poultry or livestock
presently kept or maintained prior to the passage of the Ordinance
; codified in this subsection shall be allowed to continue until the
property' that th'ey are kept on' Or"maihtained on ~eases [0 'be'uSed ....
for such purposes for a period in excess of one year and after that
one year, poultry or livestock may not again be. able to be kept or
maintained on that property; provided, that said property was being
legally used to keep or maintain poultry or livestock prior to adoption
of the Ordinance codified in this Title; and, provided,however, that
.............. - ................... - ............ p-ropert'y~-1:rresently-~r 'subsequently'zoned' for -'t'l-fb""~j~-~~:- df:~'~-~.-~t~'b~f
poultry processing shall be allowed to keep or maintain poultry or
livestock. (Ord. 524, 4-3-1990)
City of Meridian
Falcon Creek LLC. - Utility Business Park Subdivision
Development Agreement
Exhibit C
All Land Use development on lots 1,2 and 12 of Block 1 is NOT
SUBJECT to Conditional Use Permit requirements within the City of
Meridian. The following Land Uses are permitted in the Meridian
Zoning Ordinance, Chapter 8, Zoning Schedule of Use Control,
Section 11-8-1 as follows:
Equipment - Heavy, Farm etc. (sales and repair)
Machine Shop
Motor Vehicle Repair
Public Utility Yards
Recycling Plants
Solid Waste Transfer Stations
Warehousing and Wholesaling
The above listed land uses comprise the types of uses and business activities
that may occur within two specific businesses that will be developed at
Utility Business Park Subdivision.
Falcon Creek LLC., the developer of Utility Business Park
Subdivision, will develop Lot 1 of Block 1 for the Western
Recycling Company business as a permitted use in the Meridian I-
L zone.
Falcon Creek LLC., the developer of Utility Business Park
Subdivision, will develop Lot 2 of Block 1 for Sanitary Services
Company as a permitted use in the Meridian I-L zone.
Falcon Creek LLC., the developer of Utility Business Park
Subdivision, will provide Lot 12 of Block 1 to the Meridian Parks
and Recreation Department for public use as pathway park space.
I!
!
.%
jl
I
I
I
I
I
I
I
I
I
® il
-( )
t