Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
packet
p CITY CLERK FILE LI •t -z. 01-03 Project Name: Coors Distributing File No. Mll-Or - 6 Contact Name: George Weissbeck Phone: 888-2299 Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑X Transmittais to agencies and others: ❑X Notice to newspaper with publish dates: ® Certifleds to property owners: June 26, 2001 Hearing Date: September 6, 2001 July 18,, 2001 17 -Aug -01 and 31 4ug-01 N Planning and Zoning Commission Recommendation: L2�j Approve ❑ Deny Notes: City Council Level: Transmittals to agencies and others: Notice to newspaper with publish dates: M Certifieds to property owners: ❑ City Council Action: Hearing Date: 1012 l G a 9fiqlgi and EJApprp e ❑ Deny ❑ Findings / Conclusions / order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: [� Copies Disbursed:d [� Findings Recorded Development Agreement: Sent for signatures; ❑ [❑ Signed by all parties: Approved by Council: Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No.City ❑ Approved by Council: Recorded: Deadline: 10 days [❑ Published in newspaper: R «m CVrWfl•,Cay Cert WOM"Ok �"c"�" �re pl�� Deady Clark C�Pypwovmced (A.) R�d<d0,a D d,W: MrOlab k Cgi•sb: Clark MmTca" �� CW Q D." Clark ,�d.r•: Utpret Mn�6•ok 0*.m: AppkrA EV My D4.Ay Clark �`" '�•" DW* Clark ❑ Copies Disbursed: Notes: MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 Commercial Court Sally Norton, P/Z (No VAR, VAC, FP) Jerry Centers, .P/Z (No VAR, VAC, FP) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Rea/denawonw AZ -27 FP -24 PPIPFP-26 VARNAC- 20 CUP -26 Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPiPP only) U.S. West (FP/PPonly) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Official notices are availa' it City Hall or the Planning & Zoning Dep " nent. 13. After the property has been posted the applicant shall deliver to the Zoning Administrator a notarized statement that lie has posted the property and the date the posting was placed. (If two public hearings are required, please submit a notarized statement for each hearing) , Applicant: Project: City of Meridian ANNEXATION/REZONE Application Checklist (Incomplete applications will not be processed) Submittal Date: 1/- // � / G i Completion Date: ( / 'J G / t Hearing Date: (:1, / ( / ( )� Item No. Description Comments (�) 1. Completed and signed Annexation/Rezone Application 2. Warranty deed 3. Notarized consent of titled property owner(s) V� 4. Legal description A statement describing the characteristics which make zoning 5' amendment desirable. A statement outlining the necessity of desirability of development 6. pertaining to the zoning amendment and harmony with adjacent v/ development A statement of how the proposed zoning amendment relates to the �' City of Meridian Comprehensive Plan - cite policy numbers. ✓ 8 One (1) map at a scale d"=100' of the property concerning the zoning amendment. 9. One (1) copy of a vicinity map at a scale of 1"=300' 10. List of property owners within 300' A fee: Less than 1 acre - $400.00 11. Over 1 acre - $400.00 + $15.00 for each additional acre Mailings - $0.34 per notice; then multiply by two (2) 12. Property posting affidavit Notarized statement that the property was posted (to be submitted 13. after posting). Please submit a notarized statement for each public hearing. CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Ave., Ste. 201, Meridian, ID 83642 7 01- 0 (208) 884-5533 / (208) 888-6854 Fax ANNEXATION AND ZONING OR REZONE APPLICATION (RE: Meridian Zoning Ordinance- Section 11-15 and 11-16) PROPOSED NAME OF PROJECT/SUBDIVISION: Commerce. Park_ 'S'sbdiy?:,sdioR' Lot, 1, Block l ADDRESS, GENERAL LOCATION OF SITE: 3225 Commercial. Court. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Indust ria,l ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 4,,24 PRESENT LAND USE: Wholesale beyerage'distrib.utor, PROPOSED LAND USE: Same PRESENT ZONING DISTRICT: Pl�1 PROPOSED ZONING DISTRICT: 1'- B APPLICANT: ADDRESS: Coors Distributing Company, 3225 Commercial Court PHONE: 888 2299 FAX: 888 1.871 E-MAIL: George.,Weissbeck@cdccoo r,s acbm ENGINEER, SURVEYOR, PLANNER: e lf ADDRESS: PHONE: FAX: E-MAIL: OWNERS) OF RECORD*: Coors, Dis tr: `buttng Company,, ADDRESS:16.5 SR Union Blvd S'Utte 665 Lakewood', CO '80228 PHONE: 303 914 2220 FAX: 303 914 8953 E-MAIL; Kat.l y,�B:utry@cdccoors hcom I have read the information contained herein and certify the information is true d correct. Signature of Applicant *Annexation may require entering into a development agreement as a condition of annexation. Current owner(s) must execute agreement. Explanation of any change in ownership and timing for same shall be included in narrative. Rev. 10/26100 June 15, 2001 To: City of Meridian Planning and Zoning Department From: Coors Distributing Company Subject: Annexation request / zoning amendment Current M -I Proposed I -L Coors Distributing Company has been operating at the current location of 3225 Commercial Court since August 1986. We feel that we have been a good community partner not only in Meridian but in the entire Treasure Valley. Coors Distributing Company employs about 60 people with an annual payroll close to one million dollars. Coors Distributing Company abides by all local, state, and federal laws pertaining to the industry and local ordinances. Please consider our request for annexation and rezoning into the city of Meridian. Sincerel : a George Weissbecic Divisional Vice President June 15, 2001 To: City of Meridian Planning and Zoning Department From: Coors Distributing Company Subject: Zoning amendment / harmony with adjacent development Coors Distributing Company is currently only one of two properties on Commercial Court who are not in the city of Meridian. The majority of the contiguous property adjacent to Coors Distributing Company is in the city of Meridian. As a successful business entity at our current location since August of 1986, it is our intent to become a part of the city of Meridian. We respectfully request a zoning change to allow for annexation into the city of Meridian. N Sincerely: George Weissbeck Divisional Vice President June 15, 2001 To: City of Meridian Planning and Zoning Department From: Coors Distributing Company Subject: Zoning Amendment / Relationship to Meridian comprehension plan 1.64 page 10 Encourage and support new businesses and industries which offer higher than average wage jobs. Coors Distributing Company offers well paying jobs, benefits and room for upward mobility. 1.1 page 18 Positive atmosphere to encourage industrial enterprises to locate in Meridian. Coors Distributing Company likes the positive and friendly atmosphere of the city of Meridian. 1.2 page 18 Similar industry in same locations, Coors Distributing Company is located in an area adjacent to like and compatible industries. 1.8 page 19 Contiguous development, majority of businesses on Commercial Court are in the city, we would help to complete the zoning and annexation on a continual basis. 1.104 page 19 Chamber of Commerce development and support, Coors Distributing Company is an active member and participant in the Chamber of Commerce. 3.5 page 24 Adjacent to other industrial areas, we currently adhere to being in an area that is all light industrial. Water and Sewer concerns: Coors Distributing Company is currently on city of Meridian water and hooked up to the city sewer. The previous septic system has been abandoned and closed in accordance with the city code. (A-4 plumbing did both the water and sewer hook ups) Since ly: George Weissbeck Divisional Vice President C�22-� �-b� rM pvccta-G� C l l,� ANNEXATION AND REZONE DESCRIPTION FOR COORS DISTRIBUTING COMPANY April 25, 2001 A parcel of land being Lot 1, Block 1, Commerce Park Subdivision and portion of Eagle Road and Commercial Court right-of-way located in the SW % of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the SW corner of Section 9, T. 3N, R. 1 E, B.M., Thence N 0°00'00" W 1298.53 feet along the West line of said Section 9 to the REAL POINT OF BEGINNING of this description; Thence S 89°56'30' E 478.75 feet to the SE corner of Lot 1, Block 1, Commerce Park Subdivision; Thence N 0°00'00" W 504.97 feet along the east line of said Lot 1, extended, to a point on the northerly right-of-way of Commercial Court; Thence N 89°56'24" W 298.75 feet along said northerly right-of-way to a point; Thence N 77°08'19" W 112.83 feet along said northerly right-of-way to a point; Thence N 89°56'24" W 70.00 feet to a point on the west line of said SW 1/4; Thence S 0°00'00" E 530.00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 5.622 acres, more or less. Michael E. Marks, PLS, NO. 4998 Meridian Public Works Dept, 10444\Legal.des 1/4 CW" 8 9 EXHIBIT � ADA COUNTY ZONE M1 I N I89 56 4"I W 70.00 Al � �? 18" W N 89' 56'24" W 298.75' COMMERCIAL COURT N i Z in I I I z 5 w N m N. 7 N N M I Q Y Z Q LOT 1, BLOCK 1 70 W. Q 1 O 3�1' I$ W 0. W $ ( I9 2 w o J M � tL U O W $ W 7p' COORS DISTRIBUTING COMPANY • p g 3225 COMMERCIAL COURT $ � MERIDIAN, IDAHO Z $ U 18 U ! Iz I � I I I i S 89S 89— •T30w_E 478.7— 5s— UNION PACIFIC RAILROAD ladI CITY OF MERIDIAN ZONE I—L ANNEXATION AND REZONE BOUNDARY /r AREA TO BE ANNEXED = 5.622 ACRES SEE PLAT OF COMMERCE PARK SUBDIVISION FOR ADDITIONAL DATA OF RECORD. o�� (BOOK 45 AT PAGES 3721 AND 3722, ADA COUNTY RECORDERS) 17116 REVISION ANN XATIONCOORS /REZONE DISTRIBUTING DESCRIPTION 9RIGGS ENGINEERING, INC. LOT 1, BLOCK 1, COMMERCE PARK SUB. B R I G G S SHEET SW 1/4 SECTION 9, T.M., R.1E., B.M., 1 of 1 ADA COUNTY, IDAHO (208)344-9700 10444ANNEX DESIGN DRAFT SCALE DATE DWG.NO. 1800 W. OVERLAND ROAD MEM 1 "= 100' 4/24/01 10444 BOISE, IDAHO 83705 diOIKUMRAMAM24128 ,7ilal/imwa,'a �11�� Wr)G u i MA4AGAMU iriA4 A 8804-831 WARRANTY DEED 7914�z3 FOR VALUE RECEIVED Ronald C. Yanke and Linda L. Yanke (husband and wife) and Tcxn Nicholson and Diana Nicholson (husband and wife) Coors the Grantor s , do hereby grant, bargain, sell and convey unto =taor- Distributing Company, a Colorado Corporation the Grantee , whose address is 5253 Kendall St. Boise, Idaho 83704 the following described premises, to -wit: I-Ot 1 Block 1 of Cotntlerce Park Subdivision, according to the offical plate thereof, filed in Book 45 of Plats at pages 3721-3722 records of Ada County, Idaho subject to restrictive covenants of record. This Deed is being re-recorded to correct the spelling of the Grantee's name.' / TATE OF IDA -PO , C011 M F ADA Flied for record at [Ile reacts ei .rVJv��e r Itir _ 05 him p35b.3.c'ciock P �ICHN NAS?i-A. Ify- TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee itsheirs and assigns forever. And the said Grantors do hereb and with the said Grantee y covenant to , that they are the owners in fee simple of said premises; that said premises are free from all that c and that they will warrant and defend the same from FLII Intt•fu] claims whatsoever. Dated: January, 18, 1979 STATE OF IDAHO, COUNTY OF On this /?' day of 1!, 7` before me, a notary public in and for said9Statc, personally appeared _!Zev-n.4� ti'a``.. .:.c..•r�w �,r-... it`r��!arl.e kno%vn,to',mc�-to be the person who L name t subscribed to the within instrument• and achrimviedged to tit v., tha.„%..., �:,e,:,_ . .�. executed thr same. _..:t/ �I U l Residiri”' at Idaho Comm, Lxpires J — STATE ov IDAHO, C 0L:N , S OF e5l- r4___, I herrn • certify that this Instrument las fled for « cora at the rvques: of -/ J, tL at Gi LInmates pas; -�2- _ o'clock Tm., da•: of %%:/-rG-CSL✓ I!' 74�l in m^ office. unci duly recorded to Book of herds at nap, — --- / Ex -Officio keeorder Deputy. [•ccs .> / ". Mai! t" PIONEER TITLE COMPANY OF ADA COUNTY 1110 W. Jefferson S: Boise. Idaho 637022 . 20e 336-6700 Representing Pioneer Nationa; Title Insurance J 8 r,t Fry — a„ 14 Ali WARRANTY DEE FOR VALUE RECEIVED -'g Ronald AW, 6. and Linda L. Yai*b- and 'I'm � n •and Diana Nic 4 LheGrantor s, do hereFiy g1101L, bargain, bell Itnrl Oonvey Unto Coor D' a ColoradoQ the Grantee whosead(lrm is 5253 Kendall St. Boise, Idaho 83704 a the following described premises, 10-\\,iL: Lot 1 PIa,-,k 1 of CorqT'ierCe par)< accordif:,;i, to the offical plate iN Bc/,Dk 45 of' Plats at pages 3721-3722 Ada County, Idaho subject to restrict,W6 of record. Iq cz > z TO F1 A V X' A N 1) 1'() 1101,1) the siti(1 premises, W i L 1) their 11) 11 t I I•T v it it n (.s unto the S; I i (I nintot, itsheil's and assigns rok-evel., 1\11(i thesaid Grantors (Jo hvi-el)y covenant to and With the said Grantee , that they are the annus in ftq. simple premthat said 1wernisesto-e free from all encumbrances 11"(1 that the y will warrant ;Jncl (Ic'fen(l the S:tnh' rI'()IiJ'nJJ I it\%'Ftll claims Nvh;w;oovei-. Rued:," -January, 1.8, 1979 STA'1'1,' OF IDAHO, COLIN'rY Of' ATF td., IDAHO, CIWNTN' ?)r I I On this /y Z4 I" Ifur record it,, day of at th, rvq'111.11 tittv, pers"ImlIN nomp, public in andbefore for appeal -ed A, pa'l da "'.cord' -d Ill Ituul( of suhi,cvibed to till,, within till, '11— zrl- '.m."uted the A-/-v-- I iy Residing ut Idaho Conlin. Expires >[ til I" PIONEER TITLE COMPANY OF ADA COUNTY �• 1710 W.Jetlorson SI Boise, Idaho 83702 - 208 336-6700 Representing Pioneer National Title insurance 7�"11 T'Y "'t THIS INDENTURE, Made this A7411 day of � � / , in the year of 198Y, between COOR DISTRIBUTING COMPANY, a Colorado Corporation, also known as COORS DISTRIBUTING COMPANY, a corporation duly organized and, existing under the laws of the State of Colorado, and having its principal office in Idaho at in the County of Grantor, and the STATE OF IDAHO, by and through the IDAHO TRANSPORTATION BOARD for the DIVISION OF HIGHWAYS, 3311 West State Street, Boise, Idaho 83703, Grantee. WITNESSETH: That Grantor, having authorized the undersigned officers by resolution duly passed by its Board of Directors to execute.' a conveyance to the her-einafter described lands, for and in considers tion of One and No One Hundredths (1.00) Dollars, paid to it, receipt r; whereof is acknowledged, has granted, bargained, sold and conveyed, an by these presents does grant, bargain, sell and convey unto the Gran tee, its successors and assigns forever, in fee simple, the following; described real estate together with all rights of access between ':the right of way of the said project and the remaining contiguous real property belonging to the Grantor except for access to Commercial' Street situated in the County of Ada, State of Idaho, described as follows, to -wit: A parcel of land being on the Easterly side of the center line of Eagle Road Project No. F -FR -3271(44) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, Division of'Highways,-and being a portion of Lot 1 in Block 1 of Commerce Park Sub- division, according to the official plat thereof, filed in Book 45 of Plats at Pages 3721 and 37.2'2, records of Ada County, Idaho, described as follows, to. -wit: r0AH0, cMrWy Cr ADA, YL id Nram, Rwmkr ft AAs Omffgyd m' wd mm" copy .f Lrwt. . © v Pew l o f 4 q IN VVITNES3 WIRT c O t IJt"`•,r t .Y 4Y,f,.z ,> ".1.qG{;.ii.L.e!SJ'..:%��_.. 90+31J -27" o' f`,.��s a, 1-8' -Easi"e 7Road PJ:,oj,6ct' No, F -FR -3271 (44 ) Highway utv,dy�; thence Sodth r-1 0 2-1" 571! "W6s.t z ' i ' 16,ng:s&id parallel line 430.0 feet,: more; orTess, to,a� -�.;poin ' t in -the South line of said Lot -3 .1:, t �pp in -!., t bdars'�.- ,8 0311 -East from Station a :,�, 76+0"5.2,7 su thence r ly- a- oft -g staid , South' ,line 30-0 feet, more or less, to t . he PLk6i i;6F Ed IN N i NG Highway Statipn'-Refer"ence: 76+05..27 to 80+60.27 The area above described contains approximately 0.34,05 acres. Grantor conveys unto the Grantee the right to prohibit the erec- tion or construction of any buildings or structures except irrigation or drainage structures within twenty feet (201) of the real property above described. It is expressly intended that these covenants, burdens and restrictions shall run with the land and shall forever bind the Grantor its successors and assigns. Page 2 of 4 i'� � � ' �_ _ CORp,OPOM2Td,N 40AANTY DEED kroect -No. F;-FR-3271`(r4';Q Pareel No. 22, t,.,D..No. 3189°8 Key No STATE OF' Colorado. ) )'s`s. County of Jefferson ) On. this. 27th day of January =7 98 8', before me, t`he ;undersigned:;. a Not'ary Public in and for said State, personally; appeared: John ,J. ;'McCorani ck',, and John E ' Molin , known to; me to be the. , President and V P '_ Ass't $ecretary tespect vely, of the corporation whla executed the foregoing, znstr;u ment, and -acknowledg,ed to me that saad corpoaton executed the `same - , IN WITNESS- WHEREOF, I Have hereunto set my>hand°and affixed official seal the `day and .year in th-s's certificate first ;.;above writfien Notary Public for; Colorado -- tesxding at Golden Co. My commission expires 8/24/89 afi coy" Ade County igahl— Ss Reque rof STEWART, TIT LIE rin 3OCo P r o,.� -Page , 4 of 4 Coors Distributing Company Corporate Office 165 S. Union Blvd., Suite 665 Lakewood, CO 80228 May 14, 2001 To Whom It May Concern: George Weissbeck 'Division Vice President, Coors Distributing Company, Boise is acting on behalf of Coors Distributing Company for the Annexation process and is hereby authorized to sign on behalf of Terry Nauslar, President, Coors Distributing Company, /(/ / Y 14; e-') Terry Naul . Pesident Date Coors Distributt Company C 0 OT A R Z cJ Jacobsel, Notary P U 13 'fN COORS DISTRIBUTING COMPANY PROPERTY OWNERS WITHIN 300' ELIXIR INDUSTRIES 17905 5 BROADWAY ST GARDENA CA 90248-3509 725 N EAGLE RD ALUM A FORM 17905 5 BROADWAY ST GARDENA CA 90248-3509 535 N EAGLE RD VAN AUKER RONALD W 3084 E LANARK MERIDIAN ID 83642-0000 3180 E LANARK ST VICTORY PROPERTIES LLC 600 N EAGLE RD MERIDIAN ID 83642-5934 JACKSONS FOOD STORES INC PO BOX 52085 DC17 PHOENIX AZ 85072-0000 3450 E COMMERCIAL CRT US FILTER DISTRIBUTION GROUP 40 004 COOK ST PALM DESERT CA 92211-0000 E COMMERCIAL CRT 3338 E COMMERCIAL CRT COORS DISTRIBUTING CO 3225 COMMERCIAL CT MERIDIAN ID 83642-6007 G/DPARTNERS 13753 LOCUST LN NAMPA ID 83686-9109 E COMMERCIAL CRT MICRON TECHNOLOGY INC 8000 5 FEDERAL WAY MS 109 BOISE ID 83707-0006 E COMMERCIAL CRT R C WILLEY HOME FURNISHINGS 23015300 SALT LAKE CITY UT 84115-2516 3250 E FRANKLIN RD m DATE CHECK NO. October 12, 2001 AZ 01-013 MERIDIAN CITY COUNCIL MEETING October 16, 2001 APPLICANT Coors Distributing, Co. ITEM NO. L. REQUEST Findings — Request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing -- 3225 Commercial Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: P Date: Phone: $s b -c;) a 9 9 Mate Is presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM R NICHOLS* *ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288,2499 FAX (208) 288.2501 October 9, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE City o dd.ke (l ._... city cjro-' Re: COORS DISTRIBUTING COMPANY / ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE &. CERTIFICATION OF CLERK / AZ -01-013 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of October 2, 2001, and which are on the agenda for October 16, 2001. Also, please find enclosed the above AZ Ordinance and the Certification of the Cleric for the annexation and zoning for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of on and for Rezone are If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Z:\Worlc\M\Meridian\Meridian 15360M\Coors Distributing Co. AZO 1 -0 13\FFCL and OrdinanceClkl 0090 Ldoc �OrTfie 41egfe ofldafio� .r • STATE TAX COMMISSION 800 Park Blvd., Plaza IN/ • Boise. ID 83722 March 18, 2002 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 f Subject: Ordinance Nos. 933, 01-930, 02-934, 02-935, and 02-936 Dear Mr. Berg: RECEIVED MAR '2 0 2002 City (if City Clerik : � i`xn<; The Idaho State Tax Commission received the documentation that was provided for the annexation of real property into the City of Meridian, for tax year 2003. The Idaho State Tax Commission approves the map and legal description. This approval is limited to the acknowledgement that the map and legal description meets the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Sincerely, Cindy Lou McDonald GIS Manager Technical Support Bureau Idaho State Tax Commission cc: County Assessor County Clerk Harley Hinshaw, Property Appraisal Section Manager Gary Houde, Technical Records Specialist Equal Opportmiil), Employer. Hearing Impaired Callers TDD 1-800-377-3529 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. F. GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM R NICHOLS* -ALSO ADMITTED IN OR -ALSO ADMITTED IN WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 December 19, 2001 Re: Ordinance No. 01-933, Summary of Publication Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466,9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE City of Meridiari t VIS er Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Coors Distributing Company property, owners, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours Wm. F. Nichols Enclosure Z:\Wor1c\M\Meridian\Meridian 15360M\Coors Distributing Co. AZ0I-013\C1erkSumRZOrdLTR.doc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01-933 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE FOR COORS DISTRIBUTING COMPANY An Ordinance of the City of Meridian granting annexation and zoning for land to be known as Coors Distributing Company property, owners, consisting of 4.24 acres with a zoning designation of I -L Light Industrial District; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION FOR COORS DISTRIBUTING COMPANY (I -L) A parcel of land being Lot 1, Block 1, Commerce Park Subdivision and portion of Eagle Road and Commercial Court right-of-way located in the SW 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW corner of Section 9, T. 3N., R. IE., B.M., Thence N 0°00'00" W 1298.53 feet along the West line of said Section 9 to the REAL POINT OF BEGINNING of this description; Thence S 89°56'30" E 478.75 feet to the SE corner of Lot 1, Block 1, Commerce Park Subdivision; Thence N 0°00'00" W 504.97 feet along the east line of said Lot 1, extended, to a point on the northerly right-of-way of Commercial Court; Thence N 89°56'24" W 298.75 feet along said northerly right-of- way to a point; Thence N 77'08'19" W 112.83 feet along said northerly right-of- way to a point; Thence N 89°56'24" W 70.00 feet to a point on the west line of said SW 1/4; AZ -01-013 Thence S 0°00'00" E 530,00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 5.622 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of , 2001. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Cleric \\NPA NTS40 PDC\SERVER_Z\Worlc\M\Meridian\Meridian 15360M\Coors Distributing Co, AZO 1- 013\SUMAZOrd.doc AZ -01-013 February 6, 2002 Stan McHutchison Briggs Engineering, huc. 1806'W. Overland Rd. Boise, ID 83705 Re: Bear Creek Subdivision Nos. 5 and 6 Dear Stan: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 1FX> # 208-463-0092 F i1�` City f Meridi<w iffy f 1 Offie, Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Narupa & Meridian Irrigation District has reviewed the above-mentioned proposed project. The storm water and pressure irrigation system appears to be acceptable. The pump station has been updated, however to what extent will need to be verified for capacity. All encroaclunents need to be covered under a signed License Agreement. Please contact the District's attorney, Mr. Bryce Farris at 342-4591 so he can prepare this document. All addendum to the pressure irrigation contract also needs to be in place, please contact the District's attorney, Ms. Laura Burri at 342- 4591 for an updated version. Please feel free to contact nue if you have any questions. Sincerely, dasou, �er Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dill C: File Board of Directors Secretary -Treasurer Water Superintendent City of Meridian Riugert Clark Chartered — B. Farris Sharp & Smith, hic. — J. Sharp Ride 5 — L. Chavez Ringert Clark Chartered — L. Burri APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian Planning & Zoning Mee. , September 6, 2001 Page 3 know, depending on testimony we may have a hard time getting through that schedule anyway. So any other comments? If not, do we have a recommendation? Nary: Mr. Chairman. Borup: Mr. Nary. Nary: I would move that we move Item 5, AZ 01-014, request for annexation and zoning of .66 acres from Ted Cunningham at 125 Blue Heron Lane, that we move that to the October 18th meeting. Borup: Okay. Norton: I second. Borup: All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: And Mr. Chairman. Borup: Commissioner Nary. Nary: I would move that we move Items 8 and 9, PP 01-016 and CUP 01-029, the request for preliminary plat approval of 28 building lots and five other lots for Kodiak Subdivision, as well as a request for a Conditional Use Permit for a planned unit development for private RV storage, also Kodiak Subdivision by Kodiak Development to -- both items to the October 18th meeting. Norton: I second. Borup: Motion made and second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Okay. Thank you. Item 4. Public Hearing: AZ. 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing by Coors Distributing Co. — 3225 Commercial Court: McKinnon: Thank you, Mr. Chairman and Commissioners. I guess we can get onto the Coors Distributing file now, that's annexation file 01-010. Very simply put, this is a piece of property that is already within the limits of the city and it's surrounded on three sides by the City of Meridian at this time. The piece of property is already hooked up to city water and sewer and so that's not going to be an issue to the annexation tonight. The Meridian Planning & Zoning Me. .g September 6, 2001 Page 4 property was posted correctly for this one and I think this is a fairly straight forward annexation. At this time it would like to be annexed into the city out of the county. Borup: Is the applicant here or their representative? Weissbeck: Mr. Chairman, members of the committee, excuse me, my name is George Weissbeck and I'm the manager of the Coors distributorship and I will stand for any questions or comments that may be applicable. Borup: Have you had a chance to review the staff report? Weissbeck: Yes, I have, sir. Borup: Any concerns or questions with that report? Are you in agreement with everything in there? Weissbeck: Mr. Chairman, the only question I had was one from the Ada County Highway District and I spoke to the young lady who sent it. I think there was a misunderstanding -- Borup: Was that on the fee? Weissbeck: Pardon me, sir? Borup: Was it on the fee? Weissbeck: No. It was not on the fee, it was a question about sidewalks. She thought — Weissbeck: The only difference of the property from today versus two months ago is not visible. It's the hook-up -- it was something about a sidewalk. Once I explained to her that because we hooked up to public water and public sewer her comment was if we ever decide to make any additions or remodeling, then those particular stipulations would be applicable. Other than that I understand. Borup: Yeah. Okay. Any questions from any of the Commissioners? Seeing none, thank you. Weissbeck: Thank you, Mr. Chairman, members of the commission. Borup: Do we have anyone else here to testify on this application? Seeing none, Commissioners open for -- Meridian Planning & Zoning Mee. .J September 6, 2001 Page 5 Norton: Mr. Chairman, I had a question regarding that sidewalk. In staffs report on page two, number four, annexation site specific, five-foot sidewalks shall be required on Eagle Road upon redevelopment. Is this not the same sidewalk? McKinnon: This is that same sidewalk, except the Ada County Highway District thought that this was actually a development application, rather than an annexation application. I guess the misunderstanding with ACRD was that typically with their annexations they don't force anything at that time, they give a list of conditions that when the property is either redeveloped or subdivided that they become effective at that time. Similarly with our application process when they redevelop this piece of property they will be required to put in that five foot sidewalk. Norton: Okay. And the applicant is okay with that? McKinnon: I think that's a question for the applicant. Borup: I don't know if they have any choice. Centers: Mr. Chairman. Borup: Mr. Centers. Centers: Yes. The term redevelopment, are you saying if they add onto the property or if they remodel the property? I mean is that a good term to use there, upon redevelopment? I don't personally think so at this time, no. I think it should be more than finding -- McKinnon: Okay. Additional development on the property is typically the standard that we adhere to is additional development, if they -- Centers: So what are you saying, a remodel? McKinnon: A remodel would not. Typically anything that would require a certificate of zoning compliance, an additional building, an addition to the building itself that's going to require a building permit, any additional subdividing of that property creating an additional lot on that property would require that. I would be welcome if we had some more specific language to that if you have some -- Centers: Well, I just put it on the record, so that's good. You know, if they have to obtain a building permit. I think this is for the applicant's benefit here, so it's defined more clearly and you know what your situation is in the future and that's why I wanted to get it cleared up for your benefit. Okay. McKinnon: Thank you. Borup: Did your question get answered, Commissioner Norton? Meridian Planning & Zoning Mei .g September 6, 2001 Page 6 Norton: I suppose it is. All that language is in the minutes, which is public information, so-- Borup: So you were just looking at the same thing, have a clarification of what would trigger the necessity for the sidewalk? Norton: Actually, I just -- for my own clarification is this particular sidewalk the same as Ada County was concerned with and, apparently, according to Dave, he said, yes, it is. Borup: Yes. Same. Norton: But the redevelopment language is more specific now that Commission Centers has gone over it. Borup: Okay. I think we are all right then. Any other questions? Nary: Mr. Chairman. Borup: Mr. Nary. Nary: I move we close the public hearing. Centers: Second. Borup: Motion and second to close the public hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Mr. Chairman, maybe if I could help with this in this motion. I would move the approval of -- recommend the approval to the City Council of AZ 01-013, request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing by Coors Distributing Company at 3225 Commercial Court to adopt all staff comments from the August 1st, 2001, staff report with the following amendment: On page two, annexation site specific requirement number four, that the sentence would have an addition so it would now read: A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond remodeling of the existing building at the time of annexation. Does that seem adequate so that it's clear? What's there now is fine. If they need to do more beyond just remodeling, then they have to do that. Borup: Yes. I think that was the intent of everything to start with. There is a motion. Centers: I would second that. Borup: Second. Any discussion? All in favor? Meridian Planning & Zoning Mee_ September 6, 2001 Page 7 MOTION CARRIED: THREE AYES, ONE NAYE Borup: Thank you. Item 6. Public Hearing: CUP 01-026 Request for a Conditional Use Permit for the addition of a Drive -Up window and Drive-Thru lane in a C -G zone for Moxie Java Drive-Thru by Avest Limited Partnership c/o Dakota Company, Inc. — North Locust Grove Road and East Loop Lane: Borup: Item No. 6 is Public Hearing CUP 01-026, request for Conditional Use Permit for the addition of a drive -up window and drive-thru lane in a C -G zone for Moxie Java Drive-Thru by Avest Partnership. I'd like to open this public hearing and start with the staff report. McKinnon: Thank you, Mr. Chairman, Commissioners. If you look on the overhead you can see right now that that's the Avest property, the highlighted area. It is the area where the Moxie Java is now located. It's a little more detailed in color right there going to the arrow. The small strip -type development there with Moxie Java being on the most westerly -- actually, the most easterly side of the building. The site plan showing the details of how they would like to add the new drive-thru window, the elevations of the existing building with the remodels -- with the remodeling adding the drive-thru window. Finally, some actual site pictures showing the property as it exists right now. This is the backside of Maxie Java and we will get to that. There is a reason for those rear pictures as well, because there is another drive-thru lane that will be crossed by this proposed drive-thru lane. I will get to the application. This is not the first time that Avest Partnership or Dakota Development has actually brought this application before you. Originally when the building was constructed there was a request for this to be a drive-thru window in addition to the drive-thru window for the TCBY that's on the west end side of the building. At that time it was refused due to the fact that they believed that this drive-thru window would be a hindrance to those people that lived in the area. The second time that this drive-thru is requested was in 1999. The City Council denied the drive-thru lane based on the following findings. This is a quote from their findings: "The drive-thru lane presents a juxtaposition of existing drive-thru, the proposed drive- thru lane, and the neighboring traffic pattern of the existing -- excuse me -- of the neighboring traffic pattern for a drive-thru in the parking lot of the Dakota Development, which creates two traffic cross-over patterns which are found to be designed, constructed, operated and maintained not to be harmonious and appropriate in appearance of the existing intended character and general vicinity and would involve uses, activities, and conditions of operation that would be detrimental to persons, property, and general welfare by reason of excessive production of traffic flowing in incompatible and unsafe directions." The finding was made on July 20th, 1999. Following that denial the applicant requested the City to reconsider it's denial on -- and this was actually heard and the request was denied again on August 17th, 1999. And they amended their Findings of Fact at that time to include the following statement: The additional modified site plan presented by Dan Thompson of Earth Tech, which is -- which the proposed use does not alleviate the problem and it is found that there is not Meridian City Council Meeting December 18, 2001 Page 14 Corrie: The other one I might mention is to reappoint Keven Shreeve. He came on in February 6, 2001 and he replaced the one that left and his term would be starting again on one of 2002. Bird: How long will his term be for? Corrie: That will be -- probably be one, two -- got six years. So it will probably be Bird: -- 2003, 2000 -- Corrie: I think probably 2005, if I'm not mistaken, because, again, one, two, three, four -- and I think he -- I would have to make sure. He took somebody's place that was up on 2002, so six years would 2007. 2007? De Weerd: Eight. Corrie: I'm sorry eight. De Weerd: January 2008. Corrie: January 2008. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the appointment of Keven Shreeve to be reappointed to his term to January 2008. Bird: Second. Corrie: Okay. Motion has been made and seconded to reappoint Keven Shreeve until 2008, January. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Ordinance No. AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing by Coors Distributing — 3225 Commercial Court: Corrie: Item No. 8, then, is an ordinance, request for annexation and zoning of 4.24 acres from M-1 to I -L zone for Coors Distributing by Coors Distributing, 3225 Commercial Court. We need the number and -- are you looking it up? 933. 01- Meridian City Council Meeting December 18, 2001 Page 15 933. Okay. If the City Clerk would read Ordinance Number 01-933 by Title only at this point. Berg: Mr. Mayor, Members of the Council. Ordinance Number 01-933. An Ordinance finding that certain land to be known as Coors Distributing Company, the location of which lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Light Industrial District, I -L and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordnance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance Number 01-933 by Title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I'll entertain a motion, then, Council, on the annexation and zoning request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we pass Ordinance No. 01-933 with suspension of rules. De Weerd: Second. Corrie: Okay. Motion has been made and second to approve Ordinance No. 01- 933 with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Role Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent. Corrie: All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Tabled from December 4, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development — south of West Ustick Road and North Black Cat Road: Meridian City Council Meeting October 2, 2001 Page 51 has been -- a request to be moved to the October the hearing I will open the public hearing and ask if there issue testimony on this at this time? Okay. Hearing continue this public hearing until the 16th of October. Bird: Mr. Mayor. Corrie: Mr. Bird. 16th meeting. Since it is a public is anyone here that would like to none, I will entertain a motion to Bird: I move we continue the public hearing for the request of a Conditional Use Permit for the addition of a drive -up window and drive-thru lane in a C -G zone for Moxie Java by Avest Limited Partnership c/o Dakota Company until October 16, 2001. Anderson: Second. Corrie: Okay. Motion has been made and seconded to continue the public hearing on Item No. 10, CUP 01-026, until October 16, 2001. All those in favor of the motion say aye. All ayes. The motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11. Public Hearing: AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing by Coors Distributing Co. — 3225 Commercial Court: Corrie: Item No. 11 is a public hearing, request for annexation and zoning of 4.24 from M-1 to 1-L zone for Coors Distributing by Coors Distributing Company, 3225 Commercial Court. I will open the public hearing and invite staffs comments first. Stiles: Mr. Mayor, Council, this was as a -- this request for annexation was as a result of the hook up to city sewer and water and I'd really like to thank the Coors Distributing Company for being so responsive. As soon as they signed the agreement for annexation they immediately came into our offices and found out what they needed to do and they were more than willing to do it and we will certainly appreciate having them as part of the City of Meridian. So we will recommend approval with the -- let me see if there was anything I needed to change. I think on page number two, item three, I wanted to clarify that. I believe the landscaping was going to be brought into compliance should they want to add on or do any redevelopment of the parking lot, something like that, but not at this time. And just to clarify, on the first line of page three, to insert interior between beyond and remodeling and change the position of existing and buildings, so that the paragraph would read: A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond interior remodeling of the building existing at the time of annexation. I don't know that that particularly clarifies it anymore for you, but it did for me. Other than that, I'd like to welcome them to Meridian and recommend approval of the annexation. Meridian City Council Meeting October 2, 2001 Page 52 Corrie: Okay. Thank you. I know the representative from Coors is here, so if you'd like to -- this is a public hearing, if you'd like to say anything. Okay. No comment. He's anxious to get it done. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: It's really unfortunate that there are no problems, since I looked forward to giving Herb a hard time, but -- Corrie: Is there anybody else from the public that would like to issue testimony in this? Okay. Hearing none -- staff, any other comments for the record? Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on the request for annexation, 01-013. All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Corrie: Any other discussion? Hearing none, I'll entertain a motion, then, for the annexation. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for annexation and zoning of 4.24 acres from M-1 to I -L zone by Coors Distributing and Colorado -- or by Coors Distributing Company, 3225 Commercial Court with staffs recommendation and changes and for the attorney to draw up the Findings of Facts and Decision of Order and -- Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Corrie: Motion's been made and -- Anderson: I thought you were going to say Colorado Kool-Aid like you usually do. Corrie: Motion has been made and seconded to approve the request for annexation and zoning with the staffs conditions on the Coors Distributing. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting October 2, 2001 Page 53 Roll -Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 12. FP 01-016 Request for Final Plat approval of 115 building lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision by Hillview Land Development, LLC — south of East Fairview Avenue and west of North Cloverdale Road: Corrie: Item No. 12 is a request for Final Plat approval of 115 building lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision by Hillview Land Development, LLC, south of East Fairview Avenue and west of North Cloverdale Road. Staff comments first. Stiles: As much as I would really like to cause Jim some problems on this one, too, would recommend approval with staff and agency conditions and I'd also like Jim to explain the issue of the road and how that's going to be an easement through Seventh - day Adventist property. Is that going to be always an easement and never a public road or -- I guess you need to -- if you could answer that question for me, that's something that I'm curious about. And if that causes any concerns for emergency vehicles. Corrie: Okay. Jim. Merckle: Mr. Mayor, Members of the Council, I'm Jim Merckle of Hillview Land Development. The way it was negotiated between the Highway District and the Seventh-Day Adventist Church -- and that was approved before the Council for the Preliminary Plat, it was either/or, a connection to Fairview or to Cloverdale was the Highway District's original condition. And what was negotiated out was a road out to Cloverdale on the easement, because, as the Highway District said, it was a temporary location, it may be relocated in the future, but it would always be there until another access, either to go back to Fairview or Cloverdale. So right now it's an easement to the Highway District for public access -- to provide our public access to the project, in addition to the one to the south. So that's how it was presented and approved at the Preliminary Plat and approved by the Commission -- the ACHD Commission. Corrie: Okay. Shari? Does that answer your question then? Chief? Stiles: Both chiefs have indicated that won't be a problem for them, but -- Corrie: Okay. Good sport. All right. Thank you, Jim. Merckle: Thank you. Corrie: Any questions? Ordinance Distribution Check Off Sheet for Ordinance No. £ : Project File: Clerks Office: Copy to Project File Copy to Ordinance Book ,f Scan into Laserfische Original to Minute Book Applicant d City Engineer rp City Planner 0 City Attorney City Treasurer State Tax Commission County Auditor County Treasurer County Assessor Robert Campbell at COMPASS Sterling Codifiers Clerks Office: Copy to Project File Copy to Ordinance Book ,f Scan into Laserfische Original to Minute Book MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless January 28, 2002 HUB OF TREASURE VALLEY A Good Place to Live 4'- UIV, E 10 Y " M-I-'Rly*"kIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Ordinance No. 01-933 Coors Distributing Dear Applicant or Agency, LEGAL DEPARTMENT (209) 288-2499 • Fax 288-2501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (209) 984-5533 • Fax 889-6954 Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office if you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. CITY OF MERIDIAN ORDINANCE NO. 0l - 1133 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS COORS DISTRIBUTING COMPANY THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I -L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -01-013) - 1 A parcel of land being Lot 1, Block 1, Commerce Park Subdivision and portion of Eagle Road and Commercial Court right-of-way located in the SW 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW comer of Section 9, T. 3N., R. IE., B.M., Thence N 0000'00" W 1298.53 feet along the West line of said Section 9 to the REAL POINT OF BEGINNING of this description; Thence S 89°56'30" E 478.75 feet to the SE corner of Lot 1, Block 1, Commerce Park Subdivision; Thence N 0°00'00" W 504.97 feet along the east line of said Lot 1, extended, to a point on the northerly right-of-way of Commercial Court; Thence N 89°56'24" W 298.75 feet along said northerly right-of-way to a point; Thence N 77'08'19" W 112.83 feet along said northerly right-of-way to a point; Thence N 89°56'24" W 70.00 feet to a point on the west line of said SW 1/4; Thence S 0°00'00" E 530.00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 5.622 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial District (I -L). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ -01-013) - 2 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Administrative Staff as outlined in the Annexation and Zoning Findings of Fact and Conclusions of Law of the land described in Section 1, and any uses are to be developed under light industrial. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 63-2215 and 50-223. ANNEXATION AND ZONING ORDINANCE (AZ -01-013) - 3 PA ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 71 day of ti , 2001. APPRO ED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this C day of !r `. , 2001. L6 � �. d' (:: ilo�: 2- ��ec' - �A- -, e ATTEST: ;,�'i,a"r3.. 0 019 CITY CLERIC STATE OF IDAHO,) County of Ada. ) On this014tay of'-Deeem6u- , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the'dgy,, ley, ar first above written. ♦• �(� 1 fa� 1 •e : t Cie (SEAL) 1' V B 1AG i OT Y PUBLIC FOR IDAHO ''•.,�� .40 RE DING AT: I%�ri u�i'a ti COMMISSION EXPIRES: Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Co. AZO1.013\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -01-013) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 621 � qq j passed by the City Council of the City of Meridian, on the �g�' day of /n 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, ss. County of Ada, WILLIAM G. BERG, 1 7 +i Ai r • ��r r�,.r� �'�'�.. � Tei � �4' ;.4 • On this ) 144'� day of b ecem Ger , in the year.�-oo I , before me, J0.v,,iL-t a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .•`•$ ICE 100 �''• �•• 00 Ile 2. (SEAL) A •'� 5 No ry ublic for Idaho v� UB LIC oy��/0% •, Co ss ion Expires: 0F ID Z:\WOC1c.VV1\MeIidian\Meridian 15360M\Coors Distributing Co. AZO 1-013\CertificationOfC1erkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-018 ORDINANCE NO. SECTION 9, T3N, R1E CITY OF MERIDIAN 880 E. WATERTOWER, SUITE 200 MERIDIAN, IDAHO 83842 A C December 14, 2001 MERIDIAN CITY COUNCIL MEETING December 18, 2001 APPLICANT Coors Distributing ITEM NO. REQUEST Ordinance -- Request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing -- 3225 Commercial Court AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: W'' Date: Phone: presented at public meetings shall become property of the City of Meridian. FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF COORS DISTRIBUTING CO., THE APPLICATION FOR ANNEXATION AND ZONING OF 4.24 ACRES, LOCATED AT THE SOUTHEAST CORNER OF EAGLE ROAD AND COMMERCIAL COURT, MERIDIAN, IDAHO C/C 10-02-01 Case No. AZ -01-013 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 public hearing on October 2, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) Page 1 I . The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 2, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 2, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 4.24 acres in size and is located at the Southeast corner of Eagle Road and Commercial Court. The property is designated as 3225 Commercial Court. 6. The owner of record of the subject property is the Coors Distributing Company of Lakewood, Colorado. 7. Applicant is Coors Distributing Company of Meridian, Idaho. 8. The property is presently zoned by Ada County as M-1, and consists of the Coors Distributing Company. 9. The Applicant requests the property be zoned as I -L. 10. The subject property is bordered to the north by Ada County zoned M- 1, to the south by the UPRR railroad tracks and R.C. Willey and to the east and west by city zoning of I -L and L -O. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY COORS DISTRIBUTING COMPANY/ (AZ -01-013) Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant requests zoning of the subject real property as I -L which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.1 Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 15.2 All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- development. 15.3 Landscaping shall be brought into conformance with the adopted Landscape Ordinance, if the Applicant desires to add or do any redevelopment of the parking lot in the future. This shall include additional trees as required and an irrigation system if there is not one provided on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) 15.4 A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond interior remodeling of the building existing at the time of annexation. 15.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigatioiVdrainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 15.6 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 15.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.9 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 15.10 All signage shall be in accordance with the standards set forth in Section I 1-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 15.11 All (new) construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) Adopt the Recommendations of the Ada County Highway District as follows: 15.12 District policy would require the applicant to construct a 5 -foot wide concrete sidewalk on Eagle Road located 2 -feet within the right-of-way. Coordinate the location and elevation of the sidewalk with ITD staff. 15.13 District policy would require the applicant to construct a deceleration lane along their frontage for north -bound traffic on Eagle Road to allow ease of access and improve traffic flow. Coordinate the design of the turn lane with ITD staff. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. 15.14 Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 15.15 Any existing irrigation facilities shall be relocated outside of the right-of- way. 15.16 No access points to Eagle Road are proposed with this application and the District recommends that none are approved. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 15, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) 17. It is also found that the development considerations as referenced in Finding No. 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Light Industrial District (I -L) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) and the zoning ordinance of the City to all applications such as the subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 The application is consistent with Meridian's self identity. 19.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 19.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Light Industrial District (I -L) is defined in the Zoning Ordinance at § 11-7-2 N as follows: (I -L) Light Industrial District: 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 of objectionable FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) elements, such as noise, odor, dust, smoke or 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 land 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. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Cites Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or pennitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4.24 acres to Light Industrial District (I -L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 4.24 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the annexation and zoning of the subject property is subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows, to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 3.2 All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- development. 3.3 Landscaping shall be brought into conformance with the adopted Landscape Ordinance, if the Applicant desires to add or do any redevelopment of the parking lot in the future. This shall include additional trees as required and an irrigation system if there is not one provided on site. 3.4 A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond interior remodeling of the building existing at the time of annexation. 3.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance'12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.6 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.7 Outside lighting shall be designed and placed so as not to direct FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13A.C. and 12-5-2.M. 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.9 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.10 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.11 All (new) construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 3.12 District policy would require the applicant to construct a 5 -foot wide concrete sidewalk on Eagle Road located 2 -feet within the right-of-way. Coordinate the location and elevation of the sidewalk with ITD staff. 3.13 District policy would require the applicant to construct a deceleration lane along their frontage for north -bound traffic on Eagle Road to allow ease of access and improve traffic flow. Coordinate the design of the turn lane with ITD staff. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. 3.14 Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ -01-013 ) other required permits), whichever occurs first. 3.15 Any existing irrigation facilities shall be relocated outside of the right-of- way. 3.16 No access points to Eagle Road are proposed with this application and the District recommends that none are approved. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (I -L) Light Industrial District, and Meridian City Code § 11-7-2 N. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF 'FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) By action of the City Council at its regular meeting held on the 16 day of �C /�& A661L , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED a6Se`' ' COUNCILMAN KEITH BIRD VOTED*(X— COUNCILWOMAN TAMMY deWEERD VOTED*e(— COUNCILWOMAN CHERIE McCANDLESS VOTED_VZe MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ---/O—/6 -D/ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: City Cleric ZAWork\M\Meridian\Meridian 15360M\Coors Distributing Co. A7-01-013\AZFfCIsOrder, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/ (AZ -01-013) Page 16 September 28, 2001 AZ 01-013 MERIDIAN CITY COUNCIL MEETING October 2, 2001 APPLICANT Coors Distributing, Co. ITEM NO. REQUEST Public Hearing Request for annexation and zoning of 4,24 acres from M-1 to kl- zones for Coors Distributing 3225 Commercial Court AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER! US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ww..� See attached P & Z Item Packets See attached Recommendations r OTHER: ,)en-rcr Date: Contacted: L Phone: Materials presented at public meetings shall become property at the City of Mericilan. WHITE PETERSON WHITE, PETERSON, MoRRow, GIGRAY, RossMAN, NYE & RossMAN, P.A. KEVIN E. DINIIIS CHRISTOPHER S. NYE JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. F. GIaRAY, In ERICA S. PHILLIPS D. SAMUEL JOHNSON ERIC S. ROSSMAN JILL S. JURRIES TODD A. ROssMAN LARRY D. MOORE DAVID M. SwARTLEY WILLIAM A. MoRRow TERRENCE R. WHrm** WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN *Also admitted in OR ** Also admitted in WA ATTORNEYS AT LAW 200 EAST CARLTON AVE., SUITE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX(208)288*2501 E-MAE.:@wPPMa.COM NAMPA OFFICE 5700 E. FRANKLIN RD., sm. 200 NAMPA, IDAHO 83687-8402 TEL. 208)466-9272 FAX 08)4664405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED September 13, 2001 City of Meridian To: Staff City Clerk Office Applicant Affected Property Owner(s) Re: Application Case No. AZ -01-013 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zonin Commission shall be presented to the City Council at the public hearing on the above reference matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and Be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefullyy complete (be sure it is le ible) the Position Statement if you disa ree with the Findings an Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recominended that you lire. a Position Statement and deliver it to the City Cleric prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (ff) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the C ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, , c City Attorney s Office Iy/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 4.24 ACRES FOR COORS DISTRIBUTING FACILITY BY COORS DISTRIBUTING CO. ) Case No. AZ -01-013 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 4.24 acres in size and is located at the southeast corner of Eagle Road and Commercial Court. The property is designated as 3225 Commercial Court. 2. The owner of record of the subject property is the Coors Distributing Company of Lakewood, Colorado. 3. Applicant is Coors Distributing Company, of Meridian, Idaho. 4. The property is presently zoned by Ada County as M-1, and consists of the Coors Distributing Company. 5. The Applicant requests the property be zoned as I -L. 6. The subject property is bordered to the north by Ada County zoned M-1, to the south by the UPRR railroad tracks and R.C. Willey and to the east and west by city zoning of I -L and L -O. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - COORS DISTRIBUTING 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant requests zoning of the subject real property as I -L which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- development. 3. Landscaping shall be brought into conformance with the adopted Landscape Ordinance. This shall include additional trees as required and an irrigation system if there is not one provided on site. 4. A five foot sidewalk shall be required along Eagle Road upon RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - COORS DISTRIBUTING redevelopment beyond remodeling of the existing building at the time of annexation. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 9. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 11. All (new) construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows; 12. District policy would require the applicant to construct a 5 -foot wide concrete sidewalk on Eagle Road located 2 -feet within the right-of-way. Coordinate the location and elevation of the sidewalk with ITD staff. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - COORS DISTRIBUTING 13. District policy would require the applicant to construct a deceleration lane along their frontage for north -bound traffic on Eagle Road to allow ease of access and improve traffic flow. Coordinate the design of the turn lane with ITD staff. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. 14. Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 15. Any existing irrigation facilities should be relocated outside of the right- of-way. 16. No access points to Eagle Road are proposed with this application and the District recommends that none are approved. Z:\Work\M\Meridian\Meridian 15360M\Recommendations\AZ,01013Coors.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - COORS DISTRIBUTING PUBLIC HEARING SIGN-UP SHEET DATEc"--cbcx z, 2wt if(frylKo, 11 PROJECT NUMBER September 4, 2001 AZ 01-013 MERIDIAN PLANNING & ZONING MEETING September b, 2001 APPLICANT Coors Distributing, Co. ITEM NO. 4 REQUEST Public Hearing -- Request for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing 3225 Commercial Court AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS "No Comment" "No Remarks" cy C "No Comment" e See attached Comments "We have No Objections to this Proposal" 1 -kir -yet -l" OTHER: ..�...�D Contacted; RC1 � � � g`- ate: � ' �- Phone; �, Materials presented at public meetings shall became property of the City of Meridian. ACHD Ada County Highway District Juch Pe"m -Derr. President 318 East ;7th Strect Dace l i\cns. ISt Vice President Garden Cit\ ID 83714-x,-199 SherrN R. I UM% 2nd Vice President Phone (208) 357-6100 Susan S. t utlake. Commissioner I:/\x (208) 387-6391 DmidI-\kI nkoop Commissioner RECEIVED I:-maillclluscr:\C LID.ada.id.uS Amnist 22. 2001 George Weissbeck Coors Distributing Company 3225 Commercial Court Meridian. ID 83642 Re: Staff Level Approval MAZO 1 -0 13 Facts and Findings: CITY OF ERI 3225 East Commercial Court Annexation & Rezone A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting annexation and rezone approval of an 4.24 -acre parcel. The 4.24 -acre site is located on the southeast corner of the intersection of Eagle Road and East Commercial Court. This development is estimated to generate 0 additional vehicle trips per day (258 existing) based on the Institute of Transportation Engineers Trip Generation Manual. B. The application and site plan stamped and received by City of Meridian on July 18, 2001, and submitted to the District on .lulu 24. 2001, has been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy. or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACRD COI11111iSSi011 Unless the site plan IS ChaI111ed Ill SLICII a Illalllltr aS to ]-iot C0111Y)1•Ill to District stilildards/pillicy or all appeal 01 the Plannln�O and Development statT decision is Sulinlitted as described within the Standard RCiluirenlents outlined belo\\. D. On Jule 30. 2001. the District Nallnin(, I]Id DCN-eIopill ell t staff -f inspected Ihis site Ltnd CV l I LM ICd the Uanspi�rtation sNstem in the icinit\ . On \u�ust 2001. the sialT nlCt aS this DISH iCt's Technical I\'c\ iC\\ Conlnlittce uld I.C\ IC\\ed the inlhuCts of this proj)oscd dei C1OI)I1lCnt Oil the Districts uculspurtation s�stenl. The results r�i that analysis C011SMI-ItC the li�llo��iil`1 I"uCtS clad l indin`(,s and recommended Site Spcciiic Requirements. S: DSII -:CII ITN'DiN10 i\IA/O1-111 �,.sla.doc E. For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as Light Industrial. (Per the ITE Manual) The impact fee rate from the fee tables for this use is Si 427.00 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. Note: This rate is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Tee Ordinance in effect at that time. F. Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter fi-om ITD regarding said requirements prior to District approval of the final plat or issuance of a building pem-iit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. Special Recommendations to the Idaho Transportation Department: District policy would require the applicant to construct a 5 -foot wide concrete sidewalk on Eagle Road located 2 -feet within the right-of-way. Coordinate the location and elevation of the sidewalk with ITD staff. 2. District policy would require the applicant to construct a deceleration lane along their fi-ontage for north -bound traffic on Eagle Road to allow ease of access and improve traffic flow. Coordinate the design of the turn lane with ITD staff. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District 111 Traffic Engineer Michael Garz at ')-')4-S')40. 1 All utility relocation costs associated with improving street frontages abuttinLT the site shall be borne by the developer. Any existing irrigation fklclhtlCS Sllotlld be rclocatCd outside Of the ri ht-of=way. 4. Utility street cuts in pavement less than live years old are not allowed unless approved in writin- by the District. Contact ACHD's Utility Coordinator at 357-2516 or 375-6258 (with file number) for details. C>STFUlI.PENDING N�IAZOI-013.sla.doc 5. No access points to Eagle Road are proposed Nvith this application and the District recommends that none are approved, Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits). which incorporates any required design chain cs. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Hi`hway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the suhiect of this application. shall require the aphlirant to comply \\ith all rules. rrIMukitions. Ordinances. pk►ns. Or other regulatcn-v and legal restrictions in 1,61 -cc at the tulle the applicant Or its s►icecssc)rs in interest advises the Flighwav District of its intent to change the planned use ol' the subject property unless a waiver/variance of said requirements or other legal relief is Lraulted pursuant to the law in effect at the time the change in use is sought. S:'I)S'hLC`II PENDIN( NIA/01-013.s1u.d()c 1'''' C S. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Acla County Highway District. The burden shall be upon the applicant to Obtain Written confirmation of any Change From the Ada COlnity 1-11ghway District. Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/clevelopment will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACND Planning and Development staff at 387-6170. Sincerely, Del opment Analyst Right -of -Way & Development Services Department cc: Project file City of Meridian Chron Old 31JH3 N . -..4 t t 0 0 W 0 to 0 0 0 0 0 HUB OF TRF,ASURE VALLEY MAYOR A Good Place to Live Robert D. Corrie IT'YF MERIDIAN QTY COUNCIL MEMBERS O Ron Anderson 33 EAST IDAHO!��' Keith Bird MERIDIAN, IDAHO 83642 TaminydeWeerd (208) 888-4433 • FAX (208) 887-4813 j y City Clerk Office Fax (208) 888-4218 Cherie McCandless -- . s � �„e SE , ' 0” 4, r , MEMORANDUM: Ci A priid, t August 1, 2001 City Cis ror—=f To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer David McKinnon, Planner, Re: Coors Distributing Co. - Request for Annexation and Zoning of 4.24 Acres from M-1 (County) to I -L by Coors Distributing Co. (File AZ -01-010). 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 applicant is requesting the annexation of a 4.24 -acre parcel of land located on the southeast corner of Eagle Road and Commercial Court. The property is already connected to Meridian water and sewer services. Coors Distributing Company is has been at this location since 1986, and employs approximately 60 employees in the treasure valley area.. LOCATION The subject parcel is located at 3225 Commercial Court, just off of Eagle Road. SURROUNDING PROPERTIES The following are uses that surround the subject parcel(s): North —Industrial building, zoned M-1 (County) South — Railroad tracks and the RC Wily Superstore, zoned C -G. East — Industrial buildings and uses, zoned I -L. West — Elixir Subdivision, zoned I -L and L -O. Coors Distributing CO.AZ.AO AZ -01-013 Planning & Zoning Commission/Mayor & City Council August 1, 2001 Page 2 ANNEXATION & ZONING GENERAL COMMENTS 1. The requested zoning of I -L (Light Industrial) is Harmonious with the Comprehensive Plan Land Use Map designation of "light industrial, and it is in compliance with the text contained within the Comprehensive Plan.. 2. All of the subject property is within the Urban Service Planning Area (and is already being served by municipal sewer and water). ANNEXATION SITE SPECIFIC REQUIRMENTS 1. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re -development. 3. Landscaping shall be brought into conformance with the adopted Landscape Ordinance. This shall include additional trees as required and an irrigation system if there is not one provided on site. 4. A five -foot -wide sidewalk shall be required along Eagle Road, upon re -development ANNEXATION & ZONING STANDARD REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Coors Distributing Co.AZ.doc AZ -01-013 Planning & Zoning Commission/Mayor & City Council August 1, 2001 Page 3 5. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 7. All (new) construction shall conform to the requirements of the Americans with Disabilities Act. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Population Growth Chapter 1.6U- Encourage and support new businesses which offer higher than wage jobs. Economic Development Chapter 1.1 -The City of Meridian shall make every effort to create a positive atmosphere, which encourages industrial and commercial enterprises to locate in Meridian. 1.2 —. . set aside areas where commercial interest and activities are to dominate. 1.4 — Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality... 1.10U- Continue to support and fund local economic development and Chamber of Commerce Economic Development Program, Coors Distributing is a member of the Chamber of Commerce. Land Use Chapter 4.3U — Encourage new commercial development within under-utilized existing commercial areas. 4.8U — Encourage commercial uses ... to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Coors Distributing CO.AZ.dcc AZ -01-013 Planning & Zoning Commission/Mayor & City Council August 1, 2001 Page 4 Annexation Recommendation Staff strongly supports the annexation and zoning request. Coors Distributing Co.AZ.doc AZ -01-013 PUBLIC HEARING SIGN-UP SHEER DATE (21 PROJECT NUMBER Elixir Industries Alum A Form Ronald W. Van Auker 17905 South Broadway Street 17905 South Broadway Street 3084 East Lanark Gardena, CA.90248-3509 Gardena, CA 90248-3509 Meridian, ID 83642 Victory Properties, LLC 600 North Eagle Road Meridian, ID 83642-5934 Coors Distributing Co. 3225 Commercial Court Meridian, ID 836426007 RC Willey Home Furnishings 2301 South 300 Salt Lake City, UT 84115-2516 Jackson's Food Stores, Inc. PO Box 52085 DC 17 Phoenix, AZ 85072 G/D Partners 13753 Locust Lane Nampa, ID 83686-9109 sbx-� q [ � ?,-� t 0 1 US Filter Distribution Group 40004 Cook Street Palm Desert, CA 92211 Micron Technology, Inc. 8000 S. Federal Way MS 109 Boise, ID 83707-0006 NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on September 6, 2001, for the purpose of reviewing and considering the application of Coors Distributing Co. for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing located at 3225 Commercial Court. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request, Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Orad testimony may be limited to three (3) minutes per person. Written materials.may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting err DATED this 18th of July, 2001MAL ry��*�®�',"o qY `. WILLIAM G. BERG, J C"- CL PUBLISH 17th and 31st of August, 2001 ti, a Elixir Industries Alum A Form Ronald W. Van Auker 17905 South Broadway Street 17905 South Broadway Street 3084 East Lanark Gardena, CA 90248-3509 Gardena, CA 90248-3509 Meridian, ID 83642 6 0 a0 Coors Distributing Co. 3225 Commercial Court Meridian, ID 83642-6007 RC Willey Nome Furnishings 2301 South 300 Salt Lake City, UT 84115-2516 Jackson's Food Stores, PQ Box 52085 DC 17 Phoenix, AZ 85072 G/O Partners 13753 Locust Lane Nampa, ID 83686-9109 Inc. US Filter Distribution Group 40004 Cook Street Palm Desert, CA 92211 F� l� KA j M "K11261.7 I j Micron Technology, Inc. 8000 S. Federal Way MS 109 Boise, ID 83707-0006 MAY -01 Robert D. Eoi CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless April 25, 2001 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDI s "T 33 EAST IDAT" MERIDT A " (20£ City Mr. George Weissbeck Coors Distributing Company 3225 Commercial Court Meridian, ID 83642 888-2299 fax 888-1871 LEGAL DEPARTMENT (208)288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT '08) 887-2211 - Fax 887-1297 '.ANNING AND ZONING DEPARTMENT r t 884-5533 • Fax 888-6854 f^ i f E G i � �t r k tct - r d ' fFK.t, r Re: Agreement for Hookup to the City of Meridian's Sewer/ Water System Dear Mr. Weissbeck Enclosed is the original agreement for you to hookup to the City of Meridian's sewer/ water system outside the city limits. Please review and, sign the agreement and return to my office as soon as possible. 1 will get you a copy of the agreement after it has been recorded. If you have any questions, please contact me. Thank you for cooperation and promptness. Sincerely William G. Berg, Jr. City Clerk 4 � � g;a y Interoffice MEMORANDUM=I' of 1� erw i - — To: William G. Berg, Jr. cc: Gary Smith, Public Works (Agreement) From: Wm. F. Nichols t Subject: Coors Distributing Company Sewer/Water Hookup Date: April 19, 2001 Will: Please find enclosed the original of the Order Granting Application to Provide City Sewer/Water Service Outside the City Limits Subject to Conditions and the Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City Limits, for the above matter. First, please have the Order signed by the Mayor and then attest it. Secondly, have the Mayor sign the Agreement as it is authorized in the Order. Upon the Mayor's execution of both the Order and Agreement, please then have Coors Distributing Company execute the Agreement. After both documents have been fully signed please forward copies of the Order and the Agreement to Coors Distributing Company. Additionally, after your office has the original Agreement recorded, please submit copies of those two documents upon the Public Works Department and the City Attorney. If you have any questions, please advise. Z:\Worlc\M\Meridian\Meridian 15360M\Coors Distributing Emergency Hookup to City Sewer\Berg041801Mem.doc msg/\\NPA NTS40_PDC\SERVER Z\WORI(\M\MERIDIAN\MERIDIAN 15360M\COORS DISTRIBUTING EMERGENCY HOOKUP TO CIT) ** TX CONFIRMA,.JN REPORT ** DATE TIME TO/FROM 08 04/26 10:41 PUBLIC WORKS A^ Interoffice MEMORANDUM To: William G. Berg, Jr. AS OF APR 26 '0110:45 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 03'32" 016 08? OK *Y^flVlexidfan cc: Gary Smith, Public orks (Agreement) From: Wm. F. Nichols 1, Subject: Coors Distributing Company Sewer/Water Lookup Date: April 19, 2001 Will: Please find enclosed the original of the Order Granting Application to Provide City Sewer/Water Service Outside the City limits Subject to Conditions and the Agreement for Hookup to the City of Meridian's Sewer/Water System Outside the City limits, for the above matter. First, please have the Order signed by the Mayor and then attest it. Secondly, have the Mayor sign the Agreement as it is authorized in the Order. Upon the Mayor's execution of both the Order and Agreement, please then have Coors .Distributing Company execute the Agreement, After both documents have been fully signed please forward copies of the Order and the Agreement to Coors Distributing Company. Additionally, after your office has the original Agreement recorded, please submit copies of those two documents upon the Public Works Department and the City Attorney. If you have any questions, please advise. Z:\W0rkV\4\Mcridian\Mcridian 15360M\Coors Distributing P,nicrgcncy Huokup Lo City Sewer\Berg04 I SO I Mendoc m69MNPA_NTS40 PDC\SERVER 7,\WOR1CWNv1ERIDIANIMWUD AN 15360M\COORS DISTRTRUTING EMERGENCY HOOKUP TO CIT BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF COORS DISTRIBUTING COMPANY FOR CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS ORDER GRANTING APPLICATION TO PROVIDE CITY SEWERJWATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE H 9-4-26 and 9-1-16] The above entitled matter coming before the City Council on the 17`' day of April, 2001, and Gary Smith, Public Works Director, and the Applicant, George Weissbeck, having appeared and the Council being fully advised finds and orders as follows: 1. Coors Distributing Company, is the owner of the real property described in the attached Exhibit "A", and incorporated herein as if set forth in full hereat, and hereinafter referred to as "Subject Real Property" 2. "Subject Real Property" is outside of the City limits of the City of Meridian. 3. Coors Distributing Company has made application for the providence of City sewer/water to the "Subject Real Property" 4. The Public Works Director has reviewed the circumstances presented by ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 1 OF 5 the application. The Public Works Director has included the effect the granting of this application would have upon the ability of the Municipal Sewer/Water System to provide an acceptable level of service to developed parcels with existing service within the City limits, of which, there is no evidence there will be any compromise of that service by the granting of this application. 5. The Applicant has agreed to all of the required conditions of the provision of the service as required in Meridian City Code'§§ 9-4-26 and 9-1-16. 6. Upon recommendation of the Public Works Director, and consent of the Applicants, it is found that it is reasonable to include as an additional condition of granting this order that the Applicant make immediate application for annexation and zoning of the "Subject Real Property". Also, as a condition of the continued providence of City sewer/water service, the Applicant/owners of the "Subject Real Property" shall take no steps to impede the annexation process. DECISION AND ORDER Now, therefore, based upon the above and foregoing Order Granting Application to Provide City Sewer/Water Service Outside the City Limits, the City Council has hereby Ordered and this does Order that the City sewer/water service be provided to the "Subject Real Property" subject to the following conditions: ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 2OF5 I . Prior to Service, as provided for in §§ 9-4-26 and 9-1-16, the City may provide service from the Municipal sewer/water system to individual properties that are partially or entirely outside the corporate limits of the City. Each request for such service must be approved by the City Council and all regulations of these Chapters must be complied with by such special sewer/water users. The sewer/water user will be considered a special user as long as the property being served remains outside the corporate limits of the City. The special sewer/water user shall be charged an installation charge, connection charge and a monthly user charge which shall be the salve as a user within the City limits. 2. Prior to Service the Owners of the "Subject Real Property" snake immediate application for annexation and zoning of the "Subject Real Property", and as a condition of the continued providence of City sewer/water service that the Applicant/Owners of the "Subject Real Property" take no steps to impede the annexation process. 3. That the City Attorney prepare and submit to the City Clerk the Agreement for the Provision of Sewer/Water Service Outside the City Limits ordered herein. 4. The Mayor is herein authorized to sign and the Cleric to attest the Agreement for the Provision of Sewer/Water Service Outside the City Limits prepared ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 3 OF 5 as provided in part 1 and 2 of this Order without further action of the Council. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Dated this day of 2001. a r Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. .ATTEST: . By: City Clerk y 10 • ,, , ♦,44. . taws Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Emergency Hoou� o;City Sewer\OrderGrantingHookup.doc ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 4OF5 Exhibit "A" Lot 1 Block 1 of Commerce Park Subdivision, according to the official plat thereof, filed in Book 45 of Plats at pages 3721-3722 records of Ada County, Idaho subject to restrictive covenants of record. Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Emergency Hookup to City Seaver\Exhibit.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF COORS DISTRIBUTING COMPANY FOR CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE H 9-4-26 and 9-1-16] The above entitled matter coming before the City Council on the 17"' day of April, 2001, and Gary Smith, Public Works Director, and the Applicant, George Weissbeck, having appeared and the Council being fully advised finds and orders as follows: 1. Coors Distributing Company, is the owner of the real property described in the attached Exhibit "A", and incorporated herein as if set forth in full hereat, and hereinafter referred to as "Subject Real Property". 2. "Subject Real Property" is outside of the City limits of the City of Meridian. 3. Coors Distributing Company has made application for the providence of City sewer/water to the "Subject Real Property". 4. The Public Works Director has reviewed the circumstances presented by ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 1 OF 5 the application. The Public Works Director has included the effect the granting of this application would have upon the ability of the Municipal Sewer/Water System to provide an acceptable level of service to developed parcels with existing service within the City limits, of which, there is no evidence there will be any compromise of that service by the granting of this application. 5. The Applicant has agreed to all of the required conditions of the provision of the service as required in Meridian City Code'§§ 9-4-26 and 9-1-16. 6. Upon recommendation of the Public Works Director, and consent of the Applicants, it is found that it is reasonable to include as an additional condition of granting this order that the Applicant make immediate application for annexation and zoning of the "Subject Real Property". Also, as a condition of the continued providence of City sewer/water service, the Applicant/owners of the "Subject Real Property" shall take no steps to impede the annexation process. DECISION AND ORDER Now, therefore, based upon the above and foregoing Order Granting Application to Provide City Sewer/Water Service Outside the City Limits, the City Council has hereby Ordered and this does Order that the City sewer/water service be provided to the "Subject Real Property" subject to the following conditions: ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-161 - PAGE 2OF5 I . Prior to Service, as provided for in H 9-4-26 and 9-1-16, the City may provide service from the Municipal sewer/water system to individual properties that are partially or entirely outside the corporate limits of the City. Each request for such service must be approved by the City Council and all regulations of these Chapters must be complied with by such special sewer/water users. The sewer/water user will be considered a special user as long as the property being served remains outside the corporate limits of the City. The special sewer/water user shall be charged an installation charge, connection charge and a monthly user charge which shall be the same as a user within the City limits. 2. Prior to Service the Owners of the "Subject Real Property" make immediate application for annexation and zoning of the "Subject Real Property", and as a condition of the continued providence of City sewer/water service that the Applicant/Owners of the "Subject Real Property" take no steps to impede the annexation process. 3. That the City Attorney prepare and submit to the City Cleric the Agreement for the Provision of Sewer/Water Service Outside the City Limits ordered herein. 4. The Mayor is herein authorized to sign and the Cleric to attest the Agreement for the Provision of Sewer/Water Service Outside the City Limits prepared ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 3 OF 5 as provided in part 1 and 2 of this Order without further action of the Council. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Dated this l / day of Z62Y/ , 2001. Nfay6r Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ATTEST: :�' !S_ y City Clerk Z:\Work\M\Meridian\Meridian I5360M\Coors Distributing Emergency H°oo 9u to City Sewer\OrderGrantingHookup.doc ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER/WATER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § § 9-4-26 and 9-1-16] - PAGE 4OF5 Exhibit "A" Lot 1 Block 1 of Commerce Park Subdivision, according to the official plat thereof, filed in Book 45 of Plats at pages 3721-3722 records of Ada County, Idaho subject to restrictive covenants of record. Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Emergency Hookup to City Sewer\Exhibit.doc AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this �'—y`day of Alr-1,2-, 2001, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and COORS DISTRIBUTING COMPANY, as hereinafter defined and hereinafter referred to as "SEWED WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 1 "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to Coors Distributing Company, and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "SEWER/WATER User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "SEWER/WATER User's" eligibility for the "Real Property" SEWER/WATER service connection fee within the City limit rates. The "SEWER/WATER User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. §50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perforin the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non - defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 4 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: PROPERTY OWNER: c/o Meridian City Engineer Coors Distributing City of Meridian Company 200 E. Carlton, Suite #101 3225 Commercial Court Meridian, Idaho 83642 Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ATTEST: SECRETARY BY: RESOLUTION NO. ATTEST: WILLIAM G. BERG, COORS DISTRIBUTING COMPANY L-12 CITY OF MERIDIAN OR ROBERT D. CORRIE AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 7 STATE OF IDAHO, ) ss. County of Ada ) On this day of , in the year 2001, before me, , a Notary Public, personally appeared and , known or identified to me to be the and , respectively, of Coors Distributing Company, who executed the instrument or the persons that executed the instrument on behalf of said Coors Distributing Company, and acknowledged to me that such Coors Distributing Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -8 STATE OF IDAHO, . ss. County of Ada On this day of &%t / , in the year 2001, before �1-40d me, 6 GteltiU,r1-1 7 --ZZ-,, , a Notary Public, personally appeared MBERVD. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) •�.....,� \\NPA_NTS, PDC\SE� tial Sewer\Sewer10 PDCookup�ilt •t.doc Notary r Idaho Residing at: My Commission Expires: -d.. ,.a 15360M\Coors Distributing Emergency Hookup to City AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -9 -M -FT :YI Lot 1 Block 1 of Commerce Park Subdivision, according to the official plat thereof, filed in Book 45 of Plats at pages 3721-3722 records of Ada County, Idaho subject to restrictive covenants of record. Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Emergency Hookup to City Sewer\Exhibit.doc AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this /7—"day of 2001, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and COORS DISTRIBUTING COMPANY, as hereinafter defined and hereinafter referred to as "SEWER/WATER USER'. 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 1 "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to Coors Distributing Company, and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "SEWER/WATER User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "SEWER/WATER User's" eligibility for the "Real Property" SEWER/WATER service connection fee within the City limit rates. The "SEWER/WATER User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. §50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non - defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Meridian City Engineer City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Coors Distributing Company 3225 Commercial Court Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ATTEST: SECRETARY BY: RESOLUTION NO. ATTEST: WILLIAM G. BERG, W., 6"Veee- 6' C�c-e 4 0? COORS DISTRIBUTING COMPANY in CITY OF MERIDIAN �O. ROBERT:D. CORRIE SEALz AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERMATER SYSTEM OUTSIDE THE CITY LIMITS -7 STATE OF IDAHO, ) ss. County of Ada ) On this day of , in the year 2001, before me, , a Notary Public, personally appeared and , known or identified to me to be the and , respectively, of Coors Distributing Company, who executed the instrument or the persons that executed the instrument on behalf of said Coors Distributing Company, and acknowledged to me that such Coors Distributing Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -8 STATE OF IDAHO, . ss. County of Ada On this � day of &�-1l , in the year 2001, before me, hP,�hr� d ./i"i lc , a Notary Public, personally appeared MBERVD. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) �.��;t;r?G�!. Notary r Idaho O '�'�;�,� Residing at: My Commission Expires: a e % P 4bt \\NPA NTS40_PDC\SE�W� ., i#dian\Meridian 15360M\Coors Distributing Emergency Hookup to City AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -9 Exhibit "A" Lot 1 Block 1 of Commerce Park Subdivision, according to the official plat thereof, filed in Book 45 of Plats at pages 3721-3722 records of Ada County, Idaho subject to restrictive covenants of record. Z:\Work\M\Meridian\Meridian 15360M\Coors Distributing Emergency Hookup to City Sewer\Exhibit.doc Will Berg From: Gary Smith [smithg@ci.meridian. id. us] Sent: Thursday, April 26, 20013:46 PM To: 'Will Berg, Jr.' Subject: Coors Distributing Company Will: I have reviewed the Sewer & Water Hookup Agreement that you sent to me for this subject connection. I only find that an address change is needed for the City Engineer on Page 5 of the Agreement. I will so notify Coors, in writing, of this address change. I believe George has picked up the annexation request application from Shari. Thanks for sending the fax to me. Gary 07/19/2001 10:20 MAYOR Robert D, Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 2088885052 SANITARY SERVICE HUD QF 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 PAGE 01 LEGAL DEPARTMENT (208) 288.2499 • Pux 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8845533 - Fax 8884854 TRANSMITTAL$ 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 Commis*ion, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: August 30, 2001 Transmittal Date: Judy 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to 1-L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: Mg Commercial Court Sally Norton, P/Z (No VAR, VAC, Fp) Jerry Centers, A2 (No VAR, VAC, Fp) Bill Nary, P/Z p4o VAR, VAC Fp) Keven Shreeve, P/Z (No VAR, vAG, Fp) Keith Borup, PIZ (No VAR VAC, Fp) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department ^Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer Meridian School District (No Fp) Meridian Post Office (FP/PPon6q Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig, District Settlers Irrigation District Idaho Power Co. (Fp/pp only) U.S. West (Fp/Ppcnly) Intermountain Gas (Fpmpooly) Bureau 6f Reclamation (Fp/pponly) Idaho Transportation Department (No FP) _Ada County (Annftetibn only) City Planner Parks Department m..w nwonw AZ -27 FP -24 PP/"P-20 VARNAC- 20 CUP SIO JUL 19 '01 11:37 RECEIVED, JULI ;{ -I o x City of Meridian City Clerk Office 2088885052 PAGE.01 l HOOKUP � re e'►�� RECORDED -REQUEST OF AnA c0U111rY RECORDER DAVID 4avalzno FEEV�AMPUTY5 2001 MY 18 P?9 4: 17 101048100 FILE COPY I l This sheet has been added to document to accommodate recording information. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER / WATER SYSTEM OUTSIDE THE CITY LIMITS — COORS DISTRIBUTING COMPANY (APRIL 17, 2001) AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this Z�`day of , 2001, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and COORS DISTRIBUTING COMPANY, as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in lav and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 1 "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to Coors Distributing Company, and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "SEWER/WATER User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "SEWER/WATER User's" eligibility for the "Real Property" SEWER/WATER service connection fee within the City limit rates. The "SEWER/WATER User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. §50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting_,party shall then have thirty (30) days after delivery of notice of default to correct the same before the non - defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 12 13 NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Meridian City Engineer City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Coors Distributing Company 3225 Commercial Court Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19, EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ATTEST: SECRETARY BY: RESOLUTION NO. ATTEST: WILLM G. BERG, COORS DISTRIBUTING COMPANY CITY OF MERIDIAN By: OR ROBERT D. CORRIE =OAlsifllt� th'1,.,� $. r ,� AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 STATE OF IDAHO, County of Ada me, . ss. On this day of 11WA , in the year 2001, before L Ji.,, e ©bse n , a Notary Public, personally appeared Ger,, or identified to me to known respectively, of Coors Distributing Company, who executed the instrument or the persons that executed the instrument on behalf of said Coors Distributing Company, and acknowledged to me that such Coors Distributing Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) J A co •.. •M••••••WJp • �40TA4'Z zlo AVE LIC •• •• .' ••964.6.OF I •. I/ Y/ R. -, �- (J. , " �' � Not Public f Idaho Residing S My Commission Expires:07/0y AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -8 STATE OF IDAHO, . ss. County of Ada On this day of 62Yr / , in the year 2001, before me, F_l (a .frt , a Notary Public, personally appeared k BER D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) +' :-UG '• Notary r Idaho • �/' OTA Residing at: N. My Commission Expires:—� -d M , � � \WPA NTS40 PDC\SE� �dian\Meridian 15360M\Coors Distributing Emergency Hookup to City Sewer\sewerWaterHookup°t.doc AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -9 Exhibit "A" Lot 1 Block 1 of Commerce Park Subdivision, according to the official plat thereof, filed in Book 45 of Plats at pages 3721-3722 records of Ada County, Idaho subject to restrictive covenants of record. Z:\Worlc\M\Nleridian\Meridian 15360KCoors Distributing Emergency Hookup to City Sewer\Exhibit.doc The Idaho il I Statesman( P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION IVLE.v) Account N DTIV Identification Amount: 064514 507984 NOTICE OF HEARING $84.12 Ordered by: P.O. # Rate Run Dales TARA NT AUGUST 17, 31, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO AVE. 52 MERIDIAN, ID 83642 Affidavit Legal 1 11223 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Merid- ian will hold a public hearing at the Meridian City hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. September 6, 2001, for the purpose of reviewing and considering the applications of: Coors Distribu ing,'Co. for annexation and zoning of 4.24 acres from M•1 to I -L zones for Coors Distributing located at 3225 Commercial Court; Dakota Company, Inc. for a Conditional Use Permit for the addition of a Drive -Up window and Drive•Thru lane in a C -G zone for Moxie Java Drive•Thru generally located on North Locust Grove Road and East Loop Lane, Pinnacle Engineers Inc. for Preliminary, Final Plat approval of 2 building lots on 4.04 acres in an I•L zone for pro- Posed Heartwood Subdivision generally . ocated in the northwest corner of West Franklin Road and North 10th Street; Kodiak Development I.I.C. for Prelimi- nary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision and a Conditional Use Permit for a Planned Unit Development for private RV storage and reduced lots sizes in an R-8 zone for pro- Soseuth Med dawn R division located at 2.435 Ted Cunningham for annexation and zoning of .66 acres1rom R-1 to R-8 zones for Ted Cunningham located at 125 Blue Heron Lane; Pinnacle Engineers Inc. for Preliminary, inal Plat approval of 3 building lots on 2.85 acres in an L-0 zone for pro- posed Treasure View Subdivision located at 3500 East Magic View Drive. Pub. Aug, 17,31, 2001 11223 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO Ex consecutive weekly =single oconsecutive daily =odd skip insertion(s) beginning with the issue of: AUGUST 17 , 2001 and ending with the issue of: AUGUST 31 2001 STATE OF IDAHO ) )ss COUNTY OF ADA On this 31 day of AUGUST in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Ido Residing at: Boise, Idaho My Commission expires: RECEIVED SEP - 4 2001 CITY OF MERIDIAN 14"- �04 DoT AA r 7 * �• PUB%0 14 •., •••sss•• "�'o F p ����. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 .Commercial Court Sally Norton, P/Z (No VAR, VAC, FP) Jerry Centers, .P/Z (No VAR, VAC, FP) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Your Concise Remarks: Fire Department ?, Police Department City Attorney City Engineer City Planner Parks Department (R"A*, taionw AZ - 27 FP - 24 PP/PFP - 28 VARNAC - 20 CUP - 28 r,T ` OF -LAERT-DIAN Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP ony) U.S. West (FP/PP only) Intermountain Gas (FP/PPony) Bureau of Reclamation (FP/PPony) Idaho Transportation Department (No FP) Ada County (Annexation only) ;CEIvED JUL 19 2001 'rF MERIDIAN BASTE VWMER LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 Commercial Court Sally Norton, P/Z (No VAR, VAC, FP) Jerry Centers, .P/Z (No VAR, vAc, Fp) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No vAR, VAC, Fp) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, Fp) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R"t*7weionw Meridian School District (No Fp) Meridian Post Office (Fp/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West ,(Fplppony) Intermountain Gas (Fpippony) Bureau of Reclamation (FP/pp only, Idaho Transportation Department Ada County (Annexation only) (No FP) AZ -27 FP -24 PPIPFP-20 VARNAC- 20 CUP -26 RECEIVE, � si L Z 0 City Mer; d ` an City l r zs (_)ffI-CE HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Corrie CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 Commercial Court Sally Norton, P/Z (No VAR, VAC, FP) Jerry Centers, .P/Z (No VAR, vAc, Fp) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No vAR, VAC, Fp) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, Fp) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R"t*7weionw Meridian School District (No Fp) Meridian Post Office (Fp/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West ,(Fplppony) Intermountain Gas (Fpippony) Bureau of Reclamation (FP/pp only, Idaho Transportation Department Ada County (Annexation only) (No FP) AZ -27 FP -24 PPIPFP-20 VARNAC- 20 CUP -26 RECEIVE, � si L Z 0 City Mer; d ` an City l r zs (_)ffI-CE `I I ® I / Iaa O O crI 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 July 25, 2001 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ 01-013 Annexation and Zoning from M-1 to I -L for Coors Distributing Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, oow� Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 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: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 Commercial Court Sally Norton, P/Z (No vAR, vAc, FP) Jerry Centers, P/Z (No VAR, vac, FP) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P2 (No vAR, vAc, FP) Keith Borup, P2 (No vAR, vac, FP) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C �— Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer Meridian School District (No FP) Meridian Post Office (FP/PPoniy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian In ig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PP only) Intermountain Gas (FPrPPony) Bureau of Reclamation (FP/PP ony) Idaho Transportation Department (No FP) Ada County (Annexation ony) City Planner Parks Department tr "A*nw QnW AZ -27 FP -24 PP/PFP-20 VARNAC- 20 CUP -2e RECEIVED CTS` OF MA HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson EAST IDAHO BUILDING DEPARTMENT RECEIVED Keith Bird MERIDIAN, MERIDIAN, IDAHO 83642 (208) 887-2211 •Fax 887.1297 Tammy deWeerd(208) J U L 19 2001 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT Cherie McCandless City Clerk Office Fax (208) 888-4218 Meridian City (208) 884-5533 • Fax 888-6854 Water Superintendent 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: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 Commercial Court Sally Norton, P/Z (No vAR, vAc, FP) Jerry Centers, P/Z (No VAR, vac, FP) Bill Nary, P/Z (No VAR, VAC, FP) Keven Shreeve, P2 (No vAR, vAc, FP) Keith Borup, P2 (No vAR, vac, FP) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C �— Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer Meridian School District (No FP) Meridian Post Office (FP/PPoniy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian In ig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PP only) Intermountain Gas (FPrPPony) Bureau of Reclamation (FP/PP ony) Idaho Transportation Department (No FP) Ada County (Annexation ony) City Planner Parks Department tr "A*nw QnW AZ -27 FP -24 PP/PFP-20 VARNAC- 20 CUP -2e RECEIVED CTS` OF MA Jul 23 01 03:55p Meridian Fire Department 8950390 p.3 NUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 Robert D, Come CITY QF MERUDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887.2211 • Fax 887.1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887.4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (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 Cleric's Office Attn: Will Berg, City Cleric, by: August 30, 2001 Transmittal Date: July 18, 2001 Hearing Date: September 6, 2001 File No.: AZ 01-013 Request: Annexation and Zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing By: Coors Distributing Co. Location of Property or Project: 3225 Commercial Court Sally Norton, PIZ (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, vac, FP) Bill Nary, PtZ (No vAR, vAc, FP) Keven Shreeve, P(Z (No vAR, vAc, FP) Keith Sorup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc, Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation ony) City Planner Parks Department (Rwmww " AZ • 27 PP • 24 PP/PPP - 20 VARNAC • 20 CUP • 20 JUL 23 '01 17:04 8950390 PAGE.03 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on October 2, 2001 for the purpose of reviewing and considering the application of Coors Distributing Co. for annexation and zoning of 4.24 acres from M-1 to I -L zones for Coors Distributing located at 3225 Commercial Court. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 11th day of September, 2001,. �* a 7 y WILLIAM G. BERG, JR:, CITY Y CIER -r th PUBLISH 14and 28th of September, 2001. I Z 0 U CD z m 1i. 0 0 U CL Q Z U Ml 31E)V3 N d d U. 0 O N 0 0 m 0 0 M O O M CIereCENTRAL DISTRICT HEALTH DEPARTMENT CENTRt-,L DISTRICT HEALTH DEOk14TIVIENT M 111111 1 Rezone # Conditional Use # Preliminary / Final / Short Plat 0ou(S ��is Fri Ix s: 9 POW - Return to: ❑ Boise ❑ Eagle ❑ Garden City ,Meridian ❑ Kuna ❑ ACZ ❑ Star AJ 1. We have No Objections to this Proposal 2. We recommend Denial of this Proposal. LJ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ® high seasonal ground water ® waste flow characteristics ® or bedrock from original grade ® other El 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. El 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. El 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ® community sewage system ® community water well ® interim sewage ® central water ® individual sewage ® individual water El 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ® central sewage ® community sewage system ® community water ® sewage dry lines ® central water (310. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. LJ 13. We will require plans be submitted for a plan review for any: ® food establishment ® swimming pools or spas ® child care center ® beverage establishment ® grocery store M Date: /�2 L// 0/- Reviewed /Reviewed By: Review Sheet CDND 9/00Ikc