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HomeMy WebLinkAboutElixir Subdivision RZ 01-006** Also admitted in IN May 14, 2002 William G, Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 02-945, (Elixir Industries) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for a rezoning ordinance for Elixir Industries, 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, �f Wm. F. Nichols Enclosure Z:\Work\M\Meridian\Meridian 15360M\Elixier Sub RZO1-006 PPO1-014 VAR01-012\BergSumOrdO51402Ltr.doe ,jJECE1-VE-- #A 1 2002 CITY OF tvIERIDIAN WHITE PETERSON -�TY r J FRK n r r � (- ,-- WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHILIP A. PETERSON ATTORNEYS AT LAW NAMPA OFFICE JULIE KLEIN FISCHER ERICA S. PHILLIPS 5700 E. FRANKLIN RD., Wilt. F. GIGRAY, III ERIC S. ROssMAN 830 E. FIRST STREET, SUITE 200 SUITE 200 T. GUY HALLAM* TODD A. ROSSMAN POST OFFICE BOX 1150 NAMPA, IDAHO 83653- D. SAMUEL JOHNSON DAVID M. SWARTLEY MERIDIAN, IDAHO 83680-1150 8402 LARRY D. MOORE PAMELA J. TARLow TEL. (208) 466-9272 WILLIAM A. MORROW TERRENCE R. WHITE** FAX (208) 466-4405 WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN TEL (208) 288-2499 CHRISTOPHER S. NYE FAX (208) 288-2501 PLEASE REPLY TO *Also admitted in OR MERIDIAN OFFICE ** Also admitted in IN May 14, 2002 William G, Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 02-945, (Elixir Industries) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for a rezoning ordinance for Elixir Industries, 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, �f Wm. F. Nichols Enclosure Z:\Work\M\Meridian\Meridian 15360M\Elixier Sub RZO1-006 PPO1-014 VAR01-012\BergSumOrdO51402Ltr.doe NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02-945 PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Elixir Industries, to be known as Elixir Subdivision consisting of approximatley 1.00 acre with a zoning designation of L -O Limited Office; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land being a portion of the SE t/4 of Section 8, T. 3N., R. 1E., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE'/4 of Section 8, thence North 01°29'03" East 1298.35 feet along the Easterly boundary of said SE '/4 to the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'27" West 70.00 feet along said Northerly right-of-way line to a point on the Westerly right-of-way line of N. Eagle Road, thence North 01°29'03" West 279.93 feet along said Westerly right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said Westerly right-of-way line, North 88128'27" West 259.63 feet to a point; Thence North 01°29'03" East 170.00 feet to a point; Thence South 88028'27" East 202.61 feet to a point on said Westerly right-of-way line; Thence South 69°04'04" East 60.47 feet along said Westerly right-of-way line to a point; Thence South 01°29'03" West 149.91 feet along said right-of-way line to the point of beginning, comprising 1.00 acres, more or less. SUBJECT TO: Any easements of record or appearing on the above described parcel of land. 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 .2002. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Elixier Sub RZ01-006 PPOI-014 VAR0I-012\SUMANNEXZ0NG0RD.doc RECEIVED The Idaho MAY 23 2602 Statesman City of Meridian, P.O. Box 40, Boise, Idaho 83707-0040 City Clerk Off nc, LEGAL ADVERTISING PROOF OF PUBLICATION Account N DTiN Identification Amount, 064514 664011 SUMMARY OF ORDINANCE 02-945 $108.00 Attention: P,o• N Run Dates SHARON SMITH MAY 22, 2002 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO AVE. 60 X 2 MERIDIAN, ID 83642 Affidavit Lea a1 4 1 1 13532 LEGAL NOTICE NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50.901(A) CITY OF MERIDIAN ORDINANCE NO. 02-945 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Elixir Industries, to be known as Elixir Subdivision consistingof approximately 1.00 acre with a zoning designation of. L-0 Limited Office; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land being a portion of the SE 1/4 of Section 8, T. 3N., R. 1E., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE 1/4 of Section 8, thence North 01°29'03' East 1298.35 feet alongthe Easterly boundary of said SE 14 to the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'27' West 70.00 feet along said Northerly right-of-way line to a point on the Westerly right-of-way line of N. 01°29'03' West 279.93 feet along said Westerly right-of-way line to the BEGINNING; g said Westerly right-of-way line, North 88°28'27' West 259.63 feet to a r Thence North 01°29'03' East 170.00 feet to a point; Thence South 88°28'27' East 202.61 feet to a point on said Westerly right-of-way line; Thence South 69°04'04' East 60.47 feet along said Westerly rightof-way line to a point; Thence South 01°29'03' West 149.91 feet along said right-of-way line to the point of beginning comprising 1.00 acres, more or less.. SUBJECT TO: Any easements of record or appearing on the above described parcel of land. 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 19th day of March, 2002. City of Meridian Mayor and City Council By: William G. Berg, Jr. City Clerk . First Reading: March 19, 2002 50A9 o ted after first reading by suspension of the Rule as allowed pursuant to Idaho Code STATEMENT OF ADEQUACY Re: Ordinance No. 02-945, (E air Industries) Summary of Publication Pursuant to the direction of the Meridian City Council, this office has prepared a summariza- tion of the ordinance providing for a rezoning ordinance for Elixir Industries, 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). Wm. F. Nichols Pub. May 22, 2002 .NS' IU1) V 'I w M• ^e j O t� s i� •a• CLIC •� Q^ • • IDAHO u 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: ONE consecutive weekly FX single consecutive daily =odd skip insertion(s) beginning issue of: MAY 2 2 2002 ending issue of: MAY 2 2 , 2002 C STATE OF IDAH ) .ss COUNTY OF ADA ) On this 2 2 day of MAY in the year of 2002 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 statements therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho �esiding at: Emmett, Idaho Vy Commission expires: k Ca U 1 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless May 8, 2002 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Elixir Subdivision RZ 01-006 Ordinance No. 02-945 Dear Applicant or Agency, LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS (208)898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 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. '__ J 06 �" ' RECORDED- REQUEST ADA COUNTY RECORDER DA'!I( NAVARRO '- FEEDEPUT 2H2MY-I AN 8:31 5� S 102050338 CITY OF MERIDIAN ORDINANCE NO. 02-945 AN ORDINANCE FINDING THAT ELIXIR INDUSTRIES, THE OWNER OF CERTAIN REAL PROPERTY KNOWN AS ELIXIR SUBDIVISION HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL DISTRICT) TO L -O (LIMITED OFFICE DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE , 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I -L (Light Industrial) District to L- 0 (Limited Office) District as defined under Meridian City Code 11-7-2 G; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: ELIXIR INDUSTRIES / (L-0) RZ-o1-oo6 RE -ZONE ORDINANCE - 1 A parcel of land being a portion of the SE 1/4 of Section 8, T. 3N., R. 1E., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE 1/4 of Section 8, thence North 01029'03" East 1298.35 feet along the Easterly boundary of said SE 1/4 to the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'27" West 70.00 feet along said Northerly right-of-way line to a point on the Westerly right- of-way line of N. Eagle Road, thence North 01°29'03" West 279.93 feet along said Westerly right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said Westerly right-of-way line, North 88°28'27" West 259.63 feet to a point; Thence North 01029'03" East 170.00 feet to a point; Thence South 88°28'27" East 202.61 feet to a point on said Westerly right-of-way line; Thence South 69°04'04" East 60.47 feet along said Westerly right-of-way line to a point; Thence South 01029'03" West 149.91 feet along said right-of-way line to the point of beginning, comprising 1.0o acres, more or less. SUBJECT TO: Any easements of record or appearing on the above described parcel of land. 4. The following conditions shall be required as follows to -wit: 1. Provide a fire -flow as required by the 1997 Uniform Fire Code Appendix III -A. Show all proximity hydrants within 500' of the project. 2. All corners shall have a 28' inside radius and 48' outside radius. 3. Comply with the 1997 Uniform Fire Code for the storage of Medical Gases. 4. Applicant shall be required to comply with the Ada County Highway District's letter dated July 18, 2001, including the ELIXIR INDUSTRIES / (L-0) RZ-o1-o06 RE -ZONE ORDINANCE -2 Special Recommendations to the City of Meridian, Special Recommendations to Idaho Transportation Department, Site Specific Requirements and Standard Requirements prior to ACHD's approval of the final plat. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (L -O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _day of Cli_c% , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �� C > , 2002. ATTEST: vL� ity Clerk First Reading: Y�Z51,e9 2— Adopted after first reading by s' Idaho Code 50-902 Yes: Second Reading: Third Reading:_ sp c neo ,. e Ri le16 allowed pursuant to ELIXIR INDUSTRIES / (L -O) RZ-of-oo6 RE -ZONE ORDINANCE -3 STATE OF IDAHO,) County of Ada. ) On this of day of (�t , 2002, 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 Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .rr.�!a♦ (SEAL)NOTARY PUBLIC FOR IDAHO ff RESIDING AT:_ MY COMMISSION EXPIRES? 04-21-05 '•; oFID O • r a Z:\Work\M\Meridian\Meridian 1536oM\ElWer Sub RZo1-oo6 PP01-014 VARoi-oil\RZOrdinance.doc ELIXIR INDUSTRIES / (L-0) RZ-ol-oo6 RE -ZONE ORDINANCE -4 ��EGck m \§ q �PB/mG)k O .) q M % C� W k§k z / m $ %k§ & � O m 2 $ o�� z f p ) 2§\ U § 02 o ¢ o K) o §2 22 »i § ¥ m m 7 � k ��EGck m �PB/mG)k C� W $ m 2 $ $ 4 m 4 � ) � U § 02 o Q o K) X ® »i § ¥ m m 7 THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT, FOR PROPOSED ELIXIR SUBDIVISION, FROM I- L TO L -O, LOCATED ON THE WEST SIDE OF EAGLE ROAD, JUST NORTH OF THE RAILROAD TRACKS, MERIDIAN, IDAHO ELIXIR INDUSTRIES, APPLICANT. C/C 09/04/01 Case No: RZ-01-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 1 acre in size and part of a large parcel owned by the applicant, having come on for public hearing on September 4, 2001, at the hour of 6:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Paul Clayton, and appearing and testifying FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L-0 BY: ELIXIR INDUSTRIES / (RZ-01-006) - 1 with comments or concerns were: Brad Miller and Becky Bowcutt, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 4, 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 September 4, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 2 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 Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately I acre in size and part of a large parcel owned by the applicant. The property is generally located on the west side of Eagle Road, just north of the railroad tracks, in Meridian, Idaho, and is described as follows: A parcel of land being a portion of the SE 1/4 of Section 8, T. 3N., R. 1E., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE 1/4 of Section 8, thence North 01°29'03" East 1298.35 feet along the Easterly boundary of said SE 1/4 to the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'27" West 70.00 feet along said Northerly right-of-way line to a point on the Westerly right-of-way line of N. Eagle Road, thence North 01°29'03" West 279.93 feet along said Westerly right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said Westerly right-of-way line, North 88°28'27" West 259.63 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 3 Thence North 01°29'03" East 170.00 feet to a point; Thence South 88°28'27" East 202.61 feet to a point on said Westerly right-of-way line; Thence South 69°04'04" East 60.47 feet along said Westerly right-of-way line to a point; Thence South 01°29'03" West 149.91 feet along said right-of-way line to the point of beginning, comprising 1.00 acres, more or less. SUBJECT TO: Any easements of record or appearing on the above described parcel of land. 5. The owner of record of the subject property is Elixir Industries of Gardena, California. Idaho. lot. 6. The Applicant is Paul B. Clayton for Elixir Industries, Meridian, 7. The property is presently zoned as I -L, and is used as a parking 8. The Applicant requests the property be rezoned to L -O. 9. The proposed site is surrounded by vacant land owned by Elixir Industries and zoned I -L and land north of the railroad zoned I -L. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 4 12. The Applicant proposes to develop the subject property in the following manner: Construction of a Primary Health Medical Building. 13. The Applicant's requested rezoning of the subject real property as L -O is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that .such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 5 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide approval of the rezoning to L -O for the property with conditions as follows: Adopt the Recommendations of Planning and Zoning staff and Engineering staff as follows: No conditions were applied. There are conditions attached to the Preliminary Plat, of which this parcel is part. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 6 2. Provide a fire -flow as required by the 1997 Uniform Fire Code Appendix III -A. Show all proximity hydrants within 500' of the project. 3. All corners shall have a 28' inside radius and 48' outside radius. 4. Comply with the 1.997 Uniform Fire Code for the storage of Medical Gases. Adopt the Recommendations of the Ada County Highway District as follows: 5. Applicant shall be required to comply with the Ada County Highway District's letter dated July 18, 2001, including the Special Recommendations to the City of Meridian, Special Recommendations to Idaho Transportation Department, Site Specific Requirements and Standard Requirements prior to ACHD's approval of the final plat. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 6. The Department has no problems with the project at this time, but as long as no work is done on the SH -55 right of way no permits shall be needed from ITD. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2, The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 7 3. The requested zoning of Limited Office (L -O) is defined in the Zoning Ordinance at 11-7-2 G as follows: a -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind of product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM 1-L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 8 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined 'by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 9 8. § 11-15-11 of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 10 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 1 acre in size and part of a large parcel owned by the applicant for construction and development of a Primary Health Medical Building., subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to -wit: Adopt the Recommendations of Planning and Zoning staff and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 11 I . No conditions were applied. There are conditions attached to the Preliminary Plat, of which this parcel is part. Adopt the Recommendations of the Meridian Fire Department as follows: 2. Provide a fire -flow as required by the 1997 Uniform Fire Code Appendix III -A. Show all proximity hydrants within 500' of the project. 3. All corners shall have a 28' inside radius and 48' outside radius. 4. Comply with the 1997 Uniform Fire Code for the storage of Medical Gases. Adopt the Recommendations of the Ada County Highway District as follows: 5. Applicant shall be required to comply with the Ada County Highway District's letter dated July 18, 2001, including the Special Recommendations to the City of Meridian, Special Recommendations to Idaho Transportation Department, Site Specific Requirements and Standard Requirements prior to ACHD's approval of the final plat. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 6. The Department has no problems with the project at this time, but as long as no work is done on the SH -55 right of way no permits shall be needed from ITD. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to (L -O) Limited Office District (Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 12 Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of kg7Le11,&-L­" , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 13 VOTED �— VOTED VOTED*-�(-- VOTED G__ i MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: , ZDated: City Cleric 000jiA34'w't:l rJig yi���/y�� rte • . •!� r, tma.vv Z:\Wor1,VivfW1eridian\Meridian 153601M Oixier Sub RZO1-006 PPO 1-014 VARO1-012\FfsClsOrderREZ01-006.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE PARCEL OWNED BY THE APPLICANT FROM I -L TO L -O BY: ELIXIR INDUSTRIES / (RZ-01-006) - 14 DATE PROJECT NUMBER PROJECT NAME PUBLIC HEARIN( SIGN-UP SHEET L" - (11("" L't rA NAME FOR AGAINST z RECEIVED i 2001 CITY OF MERIDIXIM Theldaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION R E 0 F IVF_m Account # DTI# Identification Amount: 064514 507981 NOTICE OF HEARING $84.12 Ordered by: P.O. # Rale 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 1 11221 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 City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on September 4, 2001, for the purpose of reviewing and consider. Singthe applications of: hanalee Slade for a Conditional Use Permit for a Day Care Center for approxi- mately 100 children in a C -G zone for The Learning Garden Day Care Center located at 1230 West Overland Road; Dakota Company, Inc. for Preliminary/ Final Plat approval of 4 building lots on 10,98 acres plus or minus in a proposed I•L j zone for proposed Presidential Subdivision, a Variance to delete the requirement for subdivision street buffers to be on a com. mon lot, maintained by business/owners association in an I -L zone for Presidential Subdivision and a second Variance to delete i the requirement of 35 foot buffer width for foot buffer wid hrand o deletenl20 requirement of the 25 foot buffer between Intensity Class ;' I and Class IV and maintain the 20 foot width for Presidential Subdivision generally located in the southeast corner of East Pres. idential Drive and North Eagle Road; Elixir Industries for Rezone from I -L to L -O zones fnr nrnnnca i 171M, Preliminary Plat approval of 3 building lots and 1 other lot on 15,49 acres in proposed I -L and L-0'zones for propposed Elixir Subdivi• sion and a Variance to he Landscape Ordi• nance for Elixir "Properties Subdivision j located at 521 North Eagle Road; Smith Brighton, LLC for annexation and zoning of .99 acres from RI to C -G zones for Podiatry Building located at 1065 East Fairview Avenue, Pub, Aug. 17,31, 2001 11221 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 5 consecutive weekly single consecutive daily =odd skip insertion(s) beginning with the issue of: AUGUST 1 7 , 2001 and ending with the issue of: AUGUST 31 . 2001 STATE OF IDAH(Y ) )SS COUNTY OF ADA On this 3 1 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 Idah Residing at: Boise, Idaho My Commission expires: RECEIVED SEP - 4 2001 CITY OF MERIDIAN '��.••� V. B Rlc'•••.,,� CO) #07Ajt �i-A * PVBIAC' 4"F4418 1O F�� ���o• August 31, 2001 RZ 01-006 MERIDIAN CITY COUNCIL MEETING September 4, 2001 APPLICANT Elixir Industries ITEM NO. is REQUEST Public Hearing -- Request for Rezone from I -L to L -O zones for proposed Elixir Subdivision -- 521 North Eagle Road 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: v COMMENTS See attached recommendations OTHER: C7, 'd Hc,kw Contacted: Date: Phone: i Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MoRRow, GIGRAY, RossmAN, NYE & RossmAN, P.A. KEVIN H. DINIUS CHRISTOPHER S. NYE JULIE KLEIN FiscHER PHILIP A. WM. F. GICIRAY, III ERICA S. PHILLIPS PHILLIPS D. SAMUEL JOHNSON ERIC S. RossmAN JILL S. JURRIES TODD A. RossMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MoRRow TERRENCE R. WHTE** WILLIAM F, NICHOLS* NICHOLAS L. WOLLEN *Also admitted in OR ** Also admitted in WA To: Staff A pplicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAN 200 EAST CARLTON AVE„ SurrE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680.1150 TEL (208)288-2499 FAX (208) 289*2501 E-MAIL:QWPPM6.coM August 15, 2001 RZ-01-006 NAMPA OFFICE 5700 E. FRANKLIN RDSTE. 200 NAM LD402E.86(2069272 FAX(208)466-4405 PLEASE REPLY TO MERIDIAN OFFICE 1- REG —7 II ,n AUGI City of Mer, rl i an City rr} Ov FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced hatter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disaree with the Findings and -Recommendations of the Planning and oning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended thatyou prepare a Position Statement and deliver it to the City Cleric prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (S) copies. The copies will be cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of agroup, 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 ,� �Irs, ,,, -- -- City Attorney's Office Elixir Industries Victory Properties, LLC Alum A Form 17905 South Broadway Street 600 North Eagle Road 17905 South Broadway Street Gardena, CA 90248-3509 Meridian, ID 83642-5934 Gardena, CA 90248-3509 Coors Distributing, Co 3225 Commercial Ct Meridian, ID 83642-6007 Wheel City Propty of Boise, LLC 244 Constitution Way Idaho Falls, ID 83402 RC Willey Home Furnishings 2301 South 300 Salt Lake City, UT 84115-2516 R-2 Development, Inc. 4414 Gekeler Lane Boise, ID 83716-5240 OC and CJ Mayes Living Trust 5768 North Marcliffe Avenue Boise, ID 83704-2058 slivu-- �_ I � '� � Gj Ronald and Linda Yanke 7840 North Meridian Road Meridian, ID 83642 Ronald W. Van Auker 3084 East Lanark Meridian, ID 83642 07/19/2001 07:52 2088885052 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Kcirh Bird Tammy deWeerd Cherie McCandless SANITARY SERVICE NUB OF TREASURE VALLEY A Gadd Place to Live CITY OF M-ERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 - Fax (208) 887.4813 City Clerk Otliee Fax (208) 888.4218 PAGE 05 LEGAL DEPARTMENT" (208) 288-7499 - Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887.1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888.6851 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: July 26, 2001 Transmittal Date: June 18, 2001 Hearing Date: August 2, 2001 File No.: RZ 01-006 Request: Rezone from I -L to L-0 zones for proposed Elixir Subdivision By: Elixir Industries Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No vAR vAG Fp) Meridian School District (No FP) Jerry Centers, P/Z (No VAR, YAC, FP) Meridian Post Office (Fp/PP ony) Bill Nary, P/Z (No vAR, VAC, FP) Ada County Highway District Keven Shreeve, P/Z (No vAR vAc, FP) Community Planning Assoc. Keith 8orup, P/Z (No vAR, vAC, FP) — Central District Health Robert Corrie, Mayor Nampa Meridian Irdg. District Ron Anderson, C/C 'Tammy Settlers Irrigation District deWeerd. C/C Idaho Power Co. (FPiPPony) Keith Bird, C/C U.S. West (FPiPp ony) Cherie McCandless, C/C Intermountain Gas (FPiPPony) Water Department Bureau of Reclamation (FplPP arty) Sewer Department Idaho Transportation Department (No FP) Sanitary Service (No vAR, vAc, Fp) Ada County (Annexadw ony) Building Department Fire Department Police Department City Attorney City Engineer Ynur ( nnelea Rmmarkw City Planner Parks Department rx..w.ww*,w Ar•27 PP.N PPNFP-70 VARNAC- 20 CVP .28 K __ City Cleak Off JUL 19 101 09:11 -,n-„-- i M1 1 &1 F 11011 111 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 June 26, 2001 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: RZ 01-006 Rezone from I -L to L -O zones for proposed Elixir Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB 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: July 26, 2001 Transmittal Date: June 18, 2001 Hearing Date: August 2, 2001 File No.: RZ 01-006 Request: Rezone from I -L to L -O zones for proposed Elixir Subdivision By: Elixir Industries Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No VAR, VAC, FP) Meridian School District (No FP) Jerry Centers, .P2 (No VAR, vAc, FP) Meridian Post Office (FP/PP only) Bill Nary, P/Z (No vAR, vAc, FP) Ada County Highway District Keven Shreeve, P/Z (No VAR, vAc, FP) Community Planning Assoc. Keith Borup, P/Z (No VAR, VAC, FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FP/PP only) Keith Bird, C/C U.S. West (FP/PPonly) Cherie McCandless, C/C Intermountain Gas (FP/PPonly) Water Department Bureau of Reclamation (FP/PP only, Sewer Department Idaho Transportation Department Sanitary Service (No VAR, VAC, FP) Ada County (Annexation only) Building Department Fire Department Police Department Your Concise Remarks: 4 le -1 (No FP) City Attorney g;_164, -4 -- City L --City Engineer City Planner Parks Department or sidendw onM AZ -27 FP -24 PPIPFP-2e VARNAC- 20 CUP -2E EIV_,13 D jUN 2 0 200 f 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: July 26, 2001 Transmittal Date: June 18, 2001 Hearing Date: August 2, 2001 File No.: RZ 01-006 Request: Rezone from I -L to L -O zones for proposed Elixir Subdivision By: Elixir Industries Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No VAR, VAC, FP) Meridian School District (No FP) Jerry Centers, .P2 (No VAR, vac, FP) Meridian Post Office (FP/PP only) Bill Nary, P2 (No vAR, vAc, FP) Ada County Highway District Keven Shreeve, P/Z (No VAR, vAc, FP) Community Planning Assoc. Keith Borup, P/Z (No VAR, VAC, FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FP/PP only) Keith Bird, C/C U.S. West (FP/PPonly) Cherie McCandless, C/C Intermountain Gas (FP/PPonly) Water Department Bureau of Reclamation (FP/PP only, Sewer Department Idaho Transportation Department Sanitary Service (No VAR, VAC, FP) Ada County (Annexation only) Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: AI -11 - (No FP) City Planner Parks Department (R«ra.nwonlo AZ -27 FP -24 PPIPFP-26 VARNAC- 20 CUP .26 jUN 2 20101 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499• Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: July 26, 2001 Transmittal Date: June 18, 2001 Hearing Date: August 2, 2001 File No.: RZ 01-006 Request: Rezone from I -L to L -O zones for proposed Elixir Subdivision By: Elixir Industries Location of Property or Project: 521 North Eagle Road 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 Fire Department Police Department City Attorney City Engineer City Planner Parks Department n:.w*na AZ -27 FP -24 PPIPFP-20 VARNAC- 20.CUP-20 Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irdg. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FPiPP only) Idaho Transportation Department (No FP) Ada County (Annexation only) RECEIVED JUN (I)TY 01-4'MERIDIAIN, CITY CLERK FILE CHECKLISJ' Project Name: Elixir Subdivision File No. RZ 01-006 Contact Name: Paul B. Clayton Phone: 887-5304/888-1511 Date Received from Planning and Zoning Department: June 1.4, 2001 Planning and Zoning Level: Hearing Date: August 2, 2001 ❑X Transmittals to agencies and others: June 18, 2001 ® Notice to newspaper with publish dates: 13 -Jul -01 and 27 -Jul -01 Certifieds to property owners; q F, Planning and Zoning Commission Recommendation: Approve Deny Notes: City Council Level: ® Transmittals to agencies and others: ® Notice to newspaper with publish dates X Certifieds to property owners: u City Council Action: Hearing Date: r.R�P y F II kf o� Sand 3 a At s 20G F❑ Appro e ❑ Deny, ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Approved by Council: _ n Copies Disbursed: _ [❑ Findings Recorded Development Agreement: ❑ Sent for signatures: Signed by all parties: ❑ Approved by Council: Recorded: Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: QRecorded: Deadline: 10 days Published in newspaper: ❑ Copies Disbursed: Notes: fusomkm.: 0191M Ra.l Copy Cmt Mmftbwk Cop/ rba / Copy Cert CN (jerk CRY Wer CYftfi 6M 'q CadfiM Frondnm M" C4�,k Copy Ras, Qtdnt Cat Ada Cavy(CPM) AppSemt(14. PM) Rx d.d0r0. .vr.,: Mnrbbook Copt -b: Ctycwk stab T.k Cortm stip Treftw, AW br, A stwiro COMM Ctty A&.M Cly l r PM),dM. APPI-A(dapp) M" Cak MOM. I Orden: Idol -t U.Afta Coplo$bC APP•mA PMJed fib C y Ppm 1 fey Denny Cl dk "ReC dVacetW MONs R..d.d D.1abpmd AW— d.: 61bkat W.0 Fde Copl.a b:Appa.." fa)-tkb City W— �H A1bMy Daptdy Mrk 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: July 26, 2001 Transmittal Date: June 18, 2001 Hearing Date: August 2, 2001 File No.: RZ 01-006 Request: Rezone from I -L to L -O zones for proposed Elixir Subdivision M Elixir Industries Location of Property or Project: 521 North Eagle Road 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 Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department (Res7denua,on7o AZ -27 FP -24 PP/PFP-20 VARNAC- 20 CUP -20 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. (FPiPPonly) U.S. West (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) City of Meridian ANNEXATION/REZONE Application Checklist (Incomplete applications will not be processed) Applicant: Submittal Date. / ( / 0'1� Project: ,- Application Completion Date: / '' / Hearing Date: _/ Q (P PCC For Office Use Only Item No. Description Comments (�) 1. Completed and signed Annexation/Rezone Application " 2. Warranty deed 3. Notarized consent of titled property owner(s) 4. Legal description V/ 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 7. City of Meridian Comprehensive Plan - cite policy numbers. 8 One (1) map at a scale of 1"=100' of the property concerning the -_ zoning amendment. 9. One 1) copy of a vicinity m—mp 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 V Mailings - $0.33 per notice; then multiply by two (2) 12. Property posting affidavit Notarized statement that the property was posted (to be submitted after 13. posting) 10,'26100 k IZev. Planning & Zoning Department 661 E. Watertower Ln., Ste. 202, Meridian, ID F- 42 1208) 884-5533 Phone / (208) 888-6854 Faa ANNICXATION AND ZONING OR REZONE APPLICATION (RE: Meridian Zoning Ordinance — Section 1 I -15 and 11-16) u 4-° C.71 p PROPOSED NAME OF PROJECT/SUBDIVISION: Elixir Sub ADDRESS, GENERAL LOCATION OF SITE: 521 North Eagle Road TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Commer( pial ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: PRESENT LAND USE: Light Industrial -Parking Lot for Elixir Industries PROPOSED LAND USE: LO -Prima PRESENT ZONING DISTRICT: I -L PROPOSED ZONING DISTRICT: L-0 Health Medical Buildin APPLICANT: Paul B Clayton/For Elixir Industries ADDRESS: 501 North Eagle Road Meridian, ID 83642-5933 PHONE: 887-5304/888-1�YAX: 888-1556 E-MAIL: ENGINEER, SURVEYOR, PLANNER: Douglas G. Bergey ADDRESS: 1431 Bus. Alt US95 Payette, ID 83661 PHONE:208-642-3479 FAX: 208-642-3501 E-MAIL: dgbera.eyCmicron.net OWNER(S)OF RECORD*: Elixir Industries ADDRESS: 17925 South Broadway Gardena, CA 90248 PHONE: 31 0-767-3400 FAX: 310-767-3411 E-MAIL: F1 ; i r1 001 Cam com I have read the information contained herein and certify the information is truepd. 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. /lrr, W 20 (11) May 14, 2001 IDAHO DIVISION 501 NORTH EAGLE ROAD • MERIDIAN, IDAHO 83642 • 208/888-1511 • FAX 208 / 888-1556 To whom it may concern, As to the characteristics of the subject property, which make the zoning amendment desirable, we refer to the general standards applicable to zoning amendments 11-15 -11. It is necessary to obtain the requested zoning to be in conformity with existing development in the area and to develop the land to it's best use. The proposed zoning relates to the city comprehensive plan. Property identified as existing urban in comprehensive plan. Goals #3, #7, #9 of plan. All apply. We will have the property posted one week before the public hearing. Posting will contain name of applicant, description of zoning as well as time and date of public hearing. Other findings and those here mentioned will be addressed as necessary. Yours Truly Paul B. Clayton May -14-01 10:41A Elixir Corp. Headquarters 310 767-3474 P.02 CORPORATE HEADQUARTERS • 17925 SO. BROADWAY • P,O. BOX 470 • GARDENA, CA 90247.310/767-3400 • FAX 310/767-3411 May 14, 2001 DWOI-1056 To: City of Meridian, Idaho Fm: David C, Whitt President & Chief Operating Officer This letter is to confirm that Paul Clayton has my permission to sign the application for Lot Division on Elixir Industries' behalf. �7 Daid C. Whitt Date President & Chief Operating Officer /jlc MAY -14-2001 MON 12:12PM ID:ELIXIR INDUSTRIES PAGE:2 CORPORATE HEADQUARTERS -17925 SO. BROADWAY - P.O. BOX 470 - GARDENA, CA 90247.310/767-3400 - FAX 310/767-3411 LESLIE MOREAU, CORPORATE SECRETARY Delivery: 17905 S. Broadway Gardena, CA 90248 Mail: P.O. Box 470, Gardena, CA 90247 Phone: 310/767-3436 - Fax: 310/767-3457 E-mail: Imoreau@elixirind.com Mr. Brad Newton -Clark Zoning Coordinator City of Meridian, Idaho c/o Mr. Paul B. Clayton June 7, 2001 EXR01-151 SUBJECT: MERIDIAN, IDAHO REAL PROPERTY 65.328 ACRES Dear Mr. Newton -Clark: This letter will confirm that 1. Alum -A -Form of Idaho, Inc. was incorporated July 24, 1962 and wholly owned by Spray - Matic Corporation until Alum -A -Form of Idaho, Inc. was dissolved on or about October 31, 1969. 2. Spraymatic Corporation, a California corporation, was incorporated June 12, 1957, and renamed Alum -A -Form Company in 1966. 3. Alum -A -Form Company, a California corporation, was merged into Elixir Industries, a California corporation, on or about October 31, 1969. 4. The assets of Elixir Industries include 65.328 acres of real property in Meridian, Ada County, Idaho acquired May 31, 1968. Feel free to contact me directly should further information or more formal officer's certification be required. twg Sincerely, Leslie Moreau Corporate Secretary T, 752,6926 WARRANTY DE D For Value Received ALBERT K. BAER and NELLIE I. BAER, Husband and wife of Meridian, Ada County, Idaho, the grantors, do hereby grant, bargain, sell and convey unto ALUM -A -FORM OF IDAHO, an Idaho Corporation, the grantee the following described premises, to -wit: That part of the SRk lying North.of the Railroad in Section 81 T. 3 N., R. 1 E., S.M.,-,in Ada County, State of Idaho, EXCEPTING therefrom the followings Beginning at the point of intersection of the North boundary of the Oregon Short Line Rail- road and the East boundary of the SEk of Sec. 8, T. 3 N., R. 1 E., B.M., Ada County, idaho; thence Northerly along the East boundary of said SEk, 500 feet; thence due West 825 feet; thence South 480 feet more or leas to the North boundary of said railroad right-of-way; thence Southeasterly along said railroad 828 feet. more or less to the Place of Beginning; containing 10 acres more or less. SUBJECT to real property taxes for the year of 1969. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee , that t he y are the owner s in fee simple of said premises; that said premises are free from all incumbrances { and that the y will waiya_n� and defend the same from all lawful claims whatsoever. Dated: 1968. STATE OF IDAHO, 94NTY OF Ada) as. On this r- day of , 19 68, before me, a notary public in and for said, personally' appeared ALBERT K. BAER and NELLIE I.. BAER, husband and wife, known to me to be he persona w Be names are subscribed to within instrument d acknowledged to me that Y /� executed the same. Z Notary Public Residing at Boise , Idaho Comm. Expires STATE OF IDAHO, COUNTY OF I . hereby certify t t this Instrument was filed fo{recyrd at the request of ?'e_vZ at miqutes past wZ %L} D o'clock %m. this �� `� day of 19 7_< in my office, and duly recorded in Book r of Deeds at page ,Z CLARENCE A. PLANTING ' . Ex -Officio Recorder By. Fees �/ Deputy, lj Mail to: DESCRIPTION FOR THE PROPOSED ELIXIR PROPERTIES SUBDIVISION REZONE PARCEL A PORTION OF THE SE 1/4 OF SECTION 8, T. 3N., R.1E., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the SE 1/4 of Section 8, T.3N., R.IE., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE 1/4 of Section 8, thence North 01°29'03" East 1298.35 feet along the Easterly boundary of said SE 1/4 to the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'27" West 70.00 feet along said Northerly right-of-way line to a point on the Westerly right- of-way line of N. Eagle Road, thence North 01°29'03" West 279.93 feet along said Westerly right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said Westerly right-of-way line, North 88°28'27" West 259.63 feet to a point; Thence North 01°29'03" East 170.00 feet to a point; Thence South 88°28'27" East 202.61 feet to a point on said Westerly right-of-way line; Thence South 69°04'04" East 60.47 feet along said Westerly right-of-way line to a point; Thence South 01°29'03" West 149.91 feet along said right-of-way line to the point of beginning, comprising 1.00 acres, more or less. SUBJECT TO: Any easements of record or appearing on the above described parcel of land. b MAY 2 2 2001Meridian Public Wc)rks Dept. F9,o 3e_Ck 'eZOAe I r� X- L Tt> u> 70' 1 _Aq'spt IN Rep) to I 0 CI �' Ni-_ I N —} pavemen — BENCH 50,00, r 29 MARK, ELEVATION 2,629.54 '13,77' �� 41 ��II;���������1IN, I �. l3.77ill [ �����(�I�a I LOT 1 Iry 1 _ _c 1.0 ACRES%^jj I , ;= I �' o a---5 sIdew Ik s ()Note I plant sNl i « cn r) IL] rel N88°2 27"W 259.63' Ld Y PARK NG LOT 001 C) 0" C) LJo)I ci) t`I _( I J f ) J 5 sidewalk � ILL] c» C) W, mm a m p 1._.1 W ' r_:) BUILDING CSS - f 1� ref eivin _ JffIce i, ,., _ 30' LANDSCAPE i _f d� I I 1 EASEMENT 58.00' y0 xm, r S88"28'27"E / 70.00' Valley Gutter i 1 o I ® in M 00 I 0)�— N I�f-ISI T I TT I I 1 _ ,Of� CP&F INST. NO. 7852141 ELIXIR PROPERTY SUBDIVISION PROPERTY OWNERS WITHIN 300' ELIXIR INDUSTRIES 17905 5 BROADWAY 5T GARDENA CA 90248-3509 725 N EAGLE RD VICTORY PROPERTIES LLC 600 N EAGLE RD MERIDIAN ID 83642-5934 ALUM A FORM 179055 BROADWAY ST GARDENA CA 90248-3509 535 N EAGLE RD COORS DISTRIBUTING CO 3225 COMMERCIAL CT MERIDIAN ID 83642-6007 R-2 DEVELOPMENT INC 4414 GEKELER LN BOISE ID 83716-5240 E LANARK ST YANKE RONALD C YANKE LINDA L 7540 N MERIDIAN RD MERIDIAN ID 83642-0000 E LANARK ST WHEEL CITY PROPTY OF BOISE LLC 244 CONSTITUTION WAY IDAHO FALLS ID 83402-0000 3036 E LANARK ST MAYES O C & C J LIVING TRUST MAYES O C & C J TRUSTEES 5768 N MARCLIFFE AVE BOISE ID 83704-2058 3084 E LANARK ST VAN AUKER RONALD W 3084 E LANARK MERIDIAN ID 83642-0000 E LANARK ST 3180 E LANARK ST R C WILLEY HOME FURNISHINGS 23015300 SALT LAKE CITY UT 84115-2516 3250 E FRANKLIN RD 7526926 WARRANTY DEED For Value Received ALBERT K. BAER and NELLIE I. BAER, ' Husband and wife of Meridian, Ada County, Idahol, the grantors , do hereby grant, bargain, sell and convey unto ALUM -A -FORM OF IDAHO, an Idaho Corporation, the grantee , the following described premises, to -wit: That part of the SEk lying North.of the Railroad in Section 8f T. 3 N., R. i,E., S.M.,,'in Ada County, State of Idaho, EXCEPTING therefrom the following: Beginning at the point of intersection of the North boundary of the Oregon Short Line Rail- road and the East boundary of the SEk of Sec. 8, T. 3 N., R. 1 E., B.M., Ada County, idaho; thence Northerly along the East boundary of said SEk, 500 feet; thence due West 825 feet; thence South 480 feet more or less to the North boundary of said railroad right-of-way; thence Southeasterly along said railroad 828 feet, more or less to the Place of Beginning; containing 10 acres more or less. SUBJECT to real property taxes for the year of 1969.