HomeMy WebLinkAboutOlsen Bush Industrial Park
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MERIDIAN CITY COUNCIL MEETING: JANUARY 5. 1999
APPLICANT: RAY ROBNETT
ITEM NUMBER: 15
REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK
AGENCY
COMMENTS .
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CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
NAMPA MERIDIAN IRRIGATION:
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MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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Meridian City Council Meeting
December 15, 1998
Page 40
and submit it. He doesn't have to wait 18 months. And it might facilitate his interest to
do so, so that's incorporated in the planning of the city. So that's started.
Rountree: Correct.
Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: 3 ayes. 1 nay.
13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .96
ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036
LANARK STREET:
Corrie: I'll open the public hearing and staff report on this request for annexation.
Stiles: Mr. Mayor and Council, if you'll remember a request was made for hook up to
water service in the Olson Bush Industrial Park for Wheel City. The applicant agreed to
apply for annexation as a condition of the city granting that hookup. The building is
constructed, it's occupied. They did change their plan so that it would meet with city
ordinance requirements. The major issue that remains as far as city ordinance is the
Evans Drain is contiguous to the northern boundary of this property or is contained
within the northern boundary of this property. It is very deep and seems to have a lot of
ground water coming through it. If you'll recall this is the same drain that runs adjacent
to the RC Willey site. I believe that was probably the main issue that remains on the
annexation of the property and what we're going to do with that and maybe it's
something that requires more study with the irrigation district and probably the Bureau.
of Reclamation and water resources, but it's a big one and it seems to contain a lot of
water. I think Nampa Meridian Irrigation District said it could be contained in a 36 inch
pipe, but at least the times that I've been out there it seems like a whole of water to be
running through it and I'm not sure Nampa Meridian even knows how much water is
coming through that at any time.
Rountree: Shari that particular issue really has no bearing on the annexation. It would
be subject to a variance depending on -
Stiles: It's an ordinance. It's an ordinance requirement. I don't know what would trigger
actual piping of that unless they want to get some kind of a permit and if they wanted to
get some kind of a permit in order to meet zoning compliance the ditch would have to be
piped unless the Council would waive that requirement.
Rountree: Was there not an agreement to do the development to comply with the city
ordinances?
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Meridian City Council Meeting
December 15, 1998
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Stiles: Yes, with that exception.
Rountree: That was excepted?
Stiles: That was their objection. They did not want to do that at least until the
contiguous properties also did it. It would just be one section there.
Rountree: Now I remember.
Corrie: Mr. Smith, any comment?
Smith: Mr. Mayor and Council, I guess I don't have any other comments other than
what Shari has presented to you. I think they are connected to water at this time, and
they will be hooked to sewer when the sewer extension is completed.
Corrie: Okay, thank you. Testimony from the applicant.
RAY ROBNETT 1011 S. STAR ROAD, STAR, IDAHO
Robnett: Just a couple of points of clarification. We don't have water yet. We have
opted to probably not that it was our choice to get it right now anyway, but we are going
to wait until Masco is bringing the sewer line down the street. I meet with them probably
once a week, and they're probably 30 days out. They will do our sewer connection and
our water connection at the same time providing we get approval for that water meter.
You know I know it's late and I don't want to belabor this point. There was 15 conditions
of approval on that annexation and I made an appointment with Shari and took her out
there and we comply and I think I'm right in saying this with everything. Setbacks, all
your parking lot, your landscaping, everything that's there, and we simply are annexing
into the city in order to get this water meter because we are in Ada County, and this is a
tough lesson to learn. We came to Meridian City first and asked for a building permit
and they sent us down to Ada County. We went through their traffic development plan
and through all of their procedure, obtained our building permit there. We're told that
we could either pay double assessment fees or annex into the city and that's a truth.
Nobody lied to us or deceived us or anything but with that we took that that was our
decision to either pay double fees or annex into the city. I was not aware that we even
had a problem until the building. We were well underway because Ada County gave us
our building permits. I called Bruce Freckleton and said I'd like to come down and pay
my double assessment fees and get my water meter. We need water, and that's when
he informed me that we weren't going to get a water meter. We had been denied that
and basically the choice of double fees or annexation is not my choice but your choice
to choose. So anyway I can comply with everything in there. Tiling the ditch, I've got
three letters here from the Nampa Meridian Irrigation. I've gone out and talked to them.
They said if you want to cover the ditch you can fence it, you can park on it, we're not
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requiring that you cover it. In fact the last letter we got from them said they had no
comment on it. They had commented on it three times and they had nothing more to
say. I'm sure you can go out there and say are you sure you don't want the thing -
wouldn't you really like to have it covered and we could probably get them to say yeah,
we probably ought to have it covered. But the three non solicited letters that we gave,
they don't want it covered. I have one engineer that had looked at it and said it takes a
48 inch pipe to carry the water. I took Shari out there. Her and I both stood on the bank
and look down and there's a lot of water running through there and it's not even
irrigation season. So I'm really - I will comply with the others. I would like to - as far as
not having to comply with that - it's item number 13 on there tiling the ditch. Is that not
what the meeting is about?
Rountree: The meeting is on the annexation.
Robnett: That's right and in order to annex one of the ordinances is tiling. Okay.
Corrie: Well actually what you did with RC Willey is had a bond for that. Whatever had
to be done later. There's a lot of controversy on whether it's 48 or 50 or 26 or what it is.
But the RC Willey project, they bonded for thatfor a later period.
Robnett: See had I known that I could have gone to my client and I could have said it's
about $14,000. I could have gone to him and I could have said you know we've got this
ditch here you can bond for it or you can put up the money. Someday you're going to
have to do it. He was at his last location for 15 years, so I can assume he'll be here for
a while. But when we went to Ada County, we went through all of the process. I even
came in after I was under construction and knew of the problem and went in and spoke
with Brad in the Planning and Zoning, and I said Brad if a fellow has a lot in Ada County
and he wants to get Meridian City water, I said how does he do that? And he says you
either pay double assessment fees or annex into the city. And I said really? And he
says yes, double fees or annex into the city. (End of Tape)
Robnett: ... that is true, but that is not my choice to make, but based on that decision I
went through at Ada County. The building is done. The people are not in it. I mean we
can't get in until we have sewer and water, and it's done. We can't get our final
inspection or certificate of occupancy because we can't prove that we have permanent
sewer hookups. So anyway it's kind of a - I mean I will wind up if that ditch has to be
tiled or the bond has to be posted, it will be me that's doing it. The owner is showing no
interest in paying for it doing it.
Bentley: I will tell you what my feelings were on this ditch and what I told at the RC
Willey. I'm really concerned about the tiling of all the ditches because it's one means
we have to recharge the water aquifer. And with all the farmland going out with
irrigation we could wind up with a problem with the water aquifer. My feeling is I'd like to
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see it stay open. It's a year round ditch. It has amenities to the ducks and the geese
and so on and so forth and it's also attached to the railroad right-of-way which we're
trying to preserve and we're working towards preserving. The issue we did with RC
Willey, we had them bond for it and if it comes down to we get an actual feel that it
needs to be done and tiled, then we could move forward with that. It may come to the
case where it doesn't get tiled, but right now we can't say yes or not that it is or isn't
going to be tiled. As the Mayor said, there's a lot of controversy as to how much water
is in there and where it's coming from. And as you've stated the irrigation season over
and we still got a lot of water coming down there. So that's kind of where we were with
RC Willey and we just told them to go ahead and bond for it and if the decision is made
down the way that it needs to be tiled, then we address it then.
Robnett: That's very clear. Do you understand my point that I really don't feel like I
should be here at all annexing in because I was told' could pay double assessment
fees or annex into the city. I chose to pay those double fees. I built my building to Ada
County standards under all their ordinances, which do comply, but I have a trump card
here and that's the water meter and the trump card is that I have to annex into the city
and when I do that then I fall under these ordinances that are requiring me to either
bond or tile the ditch. And if I'm understanding you correctly you're saying that we
possibly could bond for that. But I think it certainly the day will come when it will have to
put in.
Bentley: Myself, I'm not that sure.
Rountree: In terms of clarification the request came to the Council for double fees or
annexation. We denied the double fees, which it's not as you pointed out earlier in your
testimony it really isn't your call. The city has to approve doing that. And we denied
that. We denied it because of the time and the situation out there that was going on
with no movement towards sewer extension, no movement towards some other types of
activities that were happening or not happening in the area. Since that time there's
been some changes. It's one thing that's being brought out. Mr. Robnett is not asking,
but would we reverse our previous decision on double fees. And then not pursue
annexation on his part.
Bentley: So what happens when we do the comp plan review and we go out and we
start annexing, force annexing all the enclaves? Where is he at then?
Rountree: I do not believe if we do that I'm not sure we could enforce all the existing
ordinance or the subdivision ordinances.
Bentley: But I mean that would be my question. Either legal would have to respond or
if that's the correct -
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Rountree: I guess the other point and I brought this up the last time we brought up this
particular body of water is it's my opinion that this is a regulated body of water. It's not
an irrigation ditch. Whoever does what out there is going to have to have the approval
of the Federal Government to cover it, tile it, do whatever it is they want to do with it. I
haven't had that answer brought before the Council but I believe that's probably going to
be what's happening. Bill, you had a comment.
Gigray: Mr. Mayor and Councilman Rountree I suggest you might ask and I don't know
if Gary Smith, the Public Works Director, is in a position to answer the question if these
people already have their building permit and have constructed their building whether or
not city ordinance 11-9-605M would even apply if they've already received permission
of Ada County and have completed their development. I don't know that this is
operational. I'm not that familiar with that code section. It might clarify this question.
Smith: Mr. Mayor and Counselor, you'll have to tell me what the section is. I don't
recognize the number.
Gigray: 11-9-605M is the one that I'm looking from the recommendation of Planning
and Zoning.
Smith: What's the title of that?
Bird: It's the property the tile for the ditch to be tiled.
Smith: It's tiling of ditches.
Bird: Yeah.
Smith: Well it's a city ordinance. If the property is not in the city, then it's not
enforceable is it?
Bird: But if the building is built what we're asking if the building is already built Gary and
we annex them in, then do they have to go under that ordinance as far as tiling it and
there has been no variances asked on this annexation regarding the tiling of the ditch.
That's what we're questioning.
Smith: I understand. Right. I can't answer that. I don't know.
Gigray: (Inaudible) it's my recollection that usually those tiling requirements are tripped
by some kind of development that's going on. If the development has already occurred
it may not trip it.
Bentley: So in essence you're saying that he's grandfathered?
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Gigray: Well that would be the case. It may just be we ought to look at the ordinance
just to see what it says.
Rountree: Not to go off in another direction, but it's always been my impression that on
an annexation we could require it. We can require just about anything on an annexation
request.
Gigray: True.
Bird: But we could also waive requirements too.
Anderson: But if that's the case and the county's building ordinances are less stringent
than ours, everybody would build their building first and then come ask for the
annexation.
Robnett: But that was clearly not the intent here. We came to you first.
Smith: Mr. Mayor the title of chapter 9-605 I guess that's how you reference that is
designed standards, and I guess that you could look at that as standards that are
required during the design of a project and maybe that's what Bill is looking at is if it's a
project that has already been built then the application of these design standards to an
existing facility may not be required. That's the question he's asking. But there's
nothing specific that I can read under piping of ditches that talks about a completed
project that's annexed being required to comply with the design standards of this
section.
Corrie: Shari you had something you wanted to say and then Mr. Bird.
Stiles: Mr. Mayor and Council my only comment would be if they come in for - say they
want to build a wall inside the building, they have to come to the Planning and Zoning
Department first to get a certificate of zoning compliance even for a tenant improvement
like that or minor approvals. It needs to be decided whether they're going to tile or not
tile because if they decide to do that in the near future, or even down the line, it's going
to come up again unless the ordinance is changed.
Bird: Then they could request a variance or we could approve this with the variance of
the tiling. Am I not right? Actually this is designed and went through the design review
before it was ever annexed. So it's kind of grandfathered.
Corrie: I think you are going to get into some trouble here if you decide it has to be tiled
then you've got a variance already given that you don't tile a piece of it and the others
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do. I would see some conflict of interest there. You've got tiling and no tiling and tiling
that's required by the others. Bonding and everything else.
Robnett: But the building is finished. I mean-
Corrie: I understand that. We're talking about the ditch now.
Robnett: Right.
Corrie: Whether it should be bond or the variance out. Any comments?
Bird: Is there any other property along that ditch that's in the city besides RC Willey?
Who?
Stiles: There are lots within the subdivision that are already annexed.
Bird: Have they tiled the ditch?
Stiles: No. Even though it says in the Findings in the annexation ordinance is that they
would meet all ordinances of the City of Meridian.
Bird: That's what I'm saying. I mean we're not setting the precedence here. It's been
done. That ditch, I agree with Councilman Bentley, that ditch is not an irrigation ditch.
That is a drain ditch. Now where the water comes from, I don't think anybody knows
completely. You got federal regulations before you start tiling that thing also like Charlie
says. Council can do what they want regarding this, but as I know RC Willey is the first
person that has been ever been asked to put up a bond for future covering of the ditch
along that way that we have annexed. Am I not right?
Stiles: They are also the only development that has occurred within the City of
Meridian.
Bird: Along that ditch.
Stiles: Yeah.
Bird: (Inaudible) before the development started.
Stiles: Yes.
Bird: The rest of them have been developed and then annexed.
Stiles: Yes.
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Bird: That's right.
Corrie: They're still required by ordinance to do that.
Bird: None has been covered.
Corrie: No.
Bird: Okay. The only one that has been asked to put a bond up has been RC Willey,
and they've been the only ones that have come into the city, annexed into the city first
before they did their development, and that's just what that ordinance says. If it's in the
planning stage, then you have the right to do it. The others are grandfather righted in.
Corrie: Any other comments? Anything else you want to bring before the Council?
Anyone else wish to testify in favor of the request? Anyone opposed to the request?
Final testimony from the Council? Ready for the decision then?
Bird: Mr. Mayor I move that we close the public hearing on the annexation and zoning
of .96 acres Olson Bush Industrial Park by Ray Robnett.
Corrie: Do I hear a second?
Anderson: Second.
Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public hearing on
the annexation and zoning of the .96 acres Olson Bush Industrial Park. Further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Discussion on the decision? The Council can either continue the public hearing,
accept the recommendation from Planning and Zoning, modify it, or deny the
annexation.
Bird: Mr. Mayor I move that the Meridian City Council accepts the recommendation of
the Planning and Zoning Commission and with the exception of item 1.6 on page 4
regarding the tiling of the ditch and that the attorney get this Findings of Fact and
Conclusions of Law and be ready for 1/5/99 Council meeting.
Corrie: Do I hear a second to that motion? Hearing none, motion died for lack of
second. Is there any other motion?
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Rountree: Mr. Mayor I move that we have the city attorney Findings of Fact and
Conclusions of Law and appropriate ordinances for the annexation of this property with
the exception and including the recommendations of Planning and Zoning Commission
with the exception of tiling the ditch and the condition of the tiling of the ditch or water
body as stated would be required to be tiled unless it's determined by the applicant
through coordination with the city that that body of water is considered a nature body of
water under the jurisdiction of the U.S. Army Core of Engineers. If that be the case then
tiling would not be required as an option to tiling the applicant could bond for the future
tiling if in fact it is an irrigation ditch lateral canal or (Inaudible) ditch ordinance.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley, I hope it's on record
because I don't want to (inaudible). Is there any further discussion on the motion?
Hearing none, roll call vote.
ROLL CALL VOTE: Rountree, aye. Anderson, yea. Bentley, yea. Bird, nay.
MOTION CARRIED: 3 aye. 1 nay.
Rountree: I guess just a point to the applicant is that if it in fact requires piping, but you
can get engineering support that it would require something greater than 48 inch, we will
waive that requirement.
14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A
FAMILY WATER PARK BY REED J. BOWEN, JR - SOUTH OF 1-84 & WEST
OF HIGHWAY 69:
Corrie: (Inaudible) You have the conditional use permit for the park in front of you. Any
discussions at this point?
Bentley: Mr. Mayor questions of staff.
Stiles: We received a recommendation from the Planning and Zoning Commission to
proceed with the request. They're trying to work with Gary on the water demand for the
initial fill of the park. About the only conditions that the Ada County Highway District
had were for some center turn lanes and they are revising their review comments to
include a deceleration lane at least on Overland Road. They may have some slight
modifications that are required as a result of our comments, but we are ready.
Bentley: Thank you.
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16.7 Outside lighting shall be designed and placed as not to direct illumination on
any nearby residential areas or cause glare, in accordance with City
Ordinance Section 11-2-41403.
16.8 If none are existing, five-foot-wide sidewalks shall be installed along the
Lanark Street frontage and within the property in accordance with City
Ordinance 11-9-606B.
16.9 Provide screened trash enclosure per City Ordinance Section 11-2-414A3.
Coordinate dumpster site locations with the City's solid waste contractor,
Sanitary Services, Inc. Locate dumpsters so as not to impede fire access.
16.10 No signage has been proposed, and none is approved with this application.
All signage shall be in accordance with the standards set forth in Section 11-2-
415 of the City of Meridian Zoning and Development Ordinance. All signage
shall be subject to design review. No temporary, A-frame or flashing signage
will be permitted. Non-conforming signage will be removed by the City upon
3 days' notice to the applicant.
16.11 All outdoor storage of equipment and materials shall be screened from view.
@ Any 8xisitng irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located
within a 55' easement across the northern portion of the property. 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. No variances have been requested for tiling of any
ditches crossing this project. This condition shall not apply if the Developer
can establish to the satisfaction of the Public Work's Director that the subject
ditch is a natural body of water under the jurisdiction of the U.S. Army Core of
Engineers or the Developer posts a sufficient bond for future tiling.
16.13 Any existing domestic wells and/or septic systems within this projectwill have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used fro non-domestic purposes such as landscape
irrigation.
~ A development aqreement should be reauired as a condition of annexation.
If applicant complies with all City requirements, such an agreement may not
be needed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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V \rJ~ ~51 A development aQreement may be required as a condition of annexation to
. .~ (}.;. ~ insure that the development considerations herein found reasonable are
~. enforced. but if applicant complies with all City requirements, such an
Q)l agreement may not be needed.
f, -VJ\ ,fA '\ B It is the finding and policy of the City Council that agreements are difficult to
U~!? enter into prior to annexation ordinances being passed; that the City Council finds that a
Development agreement shall be entered into prior to the final plat being approved and prior
to issuance of any building permits.
20. The applicant requested zoning of the subject real property as Light Industrial
(I-L) is consistent with the commercial designation on the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as commercial.
21. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
22. The development of the property as a (I-L) Light Industrial, as requested by
the Applicant, will be compatible to the development in the surrounding area subject to
the conditions of development herein found to be reasonable in relation to the requested
zone (I-L) Light Industrial District and is accordance with the adoptive Comprehensive
Plan of the City of Meridian.
23. Tpere are no major or scenic features of major importance that affect the
consideration of this application.
24. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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8. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and operate any stores or
facilities on this parcel of land.
_~ 9. 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 City of Idaho
Cf"IJ Falls, 105 Idaho 65,665 P2d 1075 (1983).
~..,)J 10. The development of the annexed land, if annexed, shall meet and comply with
~ ,fA. fA. the Ordinances ofthe City of Meridian including, but notlimited to: Section 11-9-616 which
t/ pertains to development time schedules and requirements; Section 11-9-605 M, which
pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized
irrigation systems.
11. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
12. Section 11-2-417 0 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 of the zoninq,' that an owner or developer make a written
commitment concerninq the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada Countv Recorder and, shall take effect upon the adoption of the
ordinance annexing and zoning the property, orprior if agreed to by the owner
of the parcel.
@ As a condition of annexation and the zoning of (I-L) Light Industrial, the
Applicant shall enter into a development agreement as authorized by Sections 11-2-416 L
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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and 11-2-417 D. of the real property, which is the subject of this application, prior to the
passage of an annexation and ordinance of zoning designation; that the applicant enter into
a Development Agreement for the development of the subject property, condition of
annexation, a condition of zoning (I-L) Light Industrial, authorized by Sections 11-2-416 L
and 11-2-417 0, Municipal Code of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING I OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
RECEIVED
To: Mayor and City Council .~~\ ,\] - S '~,~'.~;
cc. Will Berg, City Clerk CITY OF MERIDlA1~
Shari Stiles, Planning and Zoni irector
From: Bill Gigray, City Attorney
Re: Regular Agenda City Counel e ting January 5, 1999 Items 15-17
Date: 1-2~99
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The purpose of this memo is to give my opinion on the procedure and timing of
the above reference items. They all deal with related aspects of the application by
Ray Robenett for the annexation and zoning of subject property as (I-L) , Light
Industrial. You may take up agenda item 15 but a question exists which I have
highlighted in the findings and conclusions. A question remains to be answered by
the City Council which results from the form of the recommendation from Planning
and Zoning which stated at section 1.8 "A development agreement should be
re Findings of Fact and Conclusions of Law and Decision and Order granting
application for Annexation and Zoning required as a condition of annexation. If
applicant complies with all City requirements, such an agreement may not be
needed." You need to decide whether a development agreement is needed. Note
there are a number of places I have highlighted in the proposed findings that deal
with this subject.
Depending upon your action on whether to require a development agreement
will also affect action on agenda item No. 16. We have prepared a draft for your
consideration.
Item No. 17 I recommend that such action be tabled pending the supply of a
property description that is in accordance with the requirements of part 1 of the
Decision and Order approving annexation and zoning applications. Note this
requirement is concerned with the legal description of the subject property. I am
reluctant to draft an ordinance of annexation and zoning until the Public Works
Director okay's the legal description.
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RECEIVED
To: Mayor and City Council ,)Ai'J - 5 r.
cc. Will Berg, City Clerk CITY OF MERIDIAN
Shari Stiles, Planning and Zoni irector
From: Bill Gigray, City Attorney
Re: Regular Agenda City Councl e ting January 5, 1999 Items 15-17
Date: 1 ~2-99
The purpose of this memo is to give my opinion on the procedure and timing of
the above reference items. They all deal with related aspects of the application by
Ray Robenett for the annexation and zoning of subject property as (I-L) , Light
Industrial. You may take up agenda item 15 but a question exists which I have
highlighted in the findings and conclusions. A question remains to be answered by
the City Council which results from the form of the recommendation from Planning
and Zoning which stated at section 1.8 "A development agreement should be
re Findings of Fact and Conclusions of Law and Decision and Order granting
application for Annexation and Zoning required as a condition of annexation. If
applicant complies with all City requirements, such an agreement may not be
needed." You need to decide whether a development agreement is needed. Note
there are a number of places I have highlighted in the proposed findings that deal
with this subject.
Depending upon your action on whether to require a development agreement
will also affect action on agenda item No. 16. We have prepared a draft for your
consideration.
Item No. 17 I recommend that such action be tabled pending the supply of a
property description that is in accordance with the requirements of part 1 of the
Decision and Order approving annexation and zoning applications. Note this
requirement is concerned with the legal description of the subject property. I am
reluctant to draft an ordinance of annexation and zoning until the Public Works
Director okay's the legal description.
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MERIDIAN CITY COUNCIL MEETING: JANUARY 5.1999
APPLICANT: RAY ROBNETT
ITEM NUMBER: 16
REQUEST: DEVELOPMENT AGREEMENT FOR OLSON BUSH INDUSTRIAL PARK
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
J(jV
r~~t
~llV
All MaterialS presented at public meetings shall become property of the City of Meridian.
\\4/CiQ ~ 7?~ ~
e
e
RECEIVED
To: Mayor and City Council
cc. Will Berg, City Clerk
Shari Stiles, Planning and Zon.i irector
From: Bill Gigray, City Attorney
Re: Regular Agenda City Councl e ting January 5, 1999 Items 15-17
Date: 1-2-99
,.,~ '~. ,\ i -- 5 ~~; ,; ~.,.]
CITY OF MERIDIAl~
The purpose of this memo is to give my opinion on the procedure and timing of
the above reference items. They all deal with related aspects of the application by
Ray Robenett for the annexation and zoning of subject property as (I-L) , Light
Industrial. You may take up agenda item 15 but a question exists which I have
highlighted in the findings and conclusions. A question remains to be answered by
the City Council which results from the form of the recommendation from Planning
and Zoning which stated at section 1.8 "A development agreement should be
re Findings of Fact and Conclusions of Law and Decision and Order granting
application for Annexation and Zoning required as a condition of annexation. If
applicant complies with all City requirements, such an agreement may not be
needed." You need to decide whether a development agreement is needed. Note
there are a number of places I have highlighted in the proposed findings that deal
with this subject.
Depending upon your action on whether to require a development agreement
will also affect action on agenda item No. 16. We have prepared a draft for your
consideration.
Item No. 17 I recommend that such action be tabled pending the supply of a
property description that is in accordance with the requirements of part 1 of the
Decision and Order approving annexation and zoning applications. Note this
requirement is concerned with the legal description of the subject property. I am
reluctant to draft an ordinance of annexation and zoning until the Public Works
Director okay's the legal description.
-').
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Meridian City Council Meeting
December 15, 1998
Page 40
and submit it. He doesn't have to wait 18 months. And it might facilitate his interest to
do so, so that's incorporated in the planning of the city. So that's started.
Rountree: Correct.
Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: 3 ayes. 1 nay.
13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .96
ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036
LANARK STREET:
Corrie: I'll open the public hearing and staff report on this request for annexation.
Stiles: Mr. Mayor and Council, if you'll remember a request was made for hook up to
water service in the Olson Bush Industrial Park for Wheel City. The applicant agreed to
apply for annexation as a condition of the city granting that hookup. The building is
constructed, it's occupied. They did change their plan so that it would meet with city
ordinance requirements. The major issue that remains as far as city ordinance is the
Evans Drain is contiguous to the northern boundary of this property or is contained
within the northern boundary of this property. It is very deep and seems to have a lot of
ground water coming through it. If you'll recall this is the same drain that runs adjacent
to the RC Willey site. I believe that was probably the main issue that remains on the
annexation of the property and what we're going to do with that and maybe it's
something that requires more study with the irrigation district and probably the Bureau
of Reclamation and water resources, but it's a big one and it seems to contain a lot of
water. I think Nampa Meridian Irrigation District said it could be contained in a 36 inch
pipe, but at least the times that I've been out there it seems like a whole of water to be
running through it and I'm not sure Nampa Meridian even knows how much water is
coming through that at any time.
Rountree: Shari that particular issue really has no bearing on the annexation. It would.
be subject to a variance depending on -
Stiles: It's an ordinance. It's an ordinance requirement. I don't know what would trigger
actual piping of that unless they want to get some kind of a permit and if they wanted to
get some kind of a permit in order to meet zoning compliance the ditch would have to be
piped unless the Council would waive that requirement.
Rountree: Was there not an agreement to do the development to comply with the city
ordinances?
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Meridian City Council Meeting
December 15, 1998
Page 41
Stiles: Yes, with that exception.
Rountree: That was excepted?
Stiles: That was their objection. They did not want to do that at least until the
contiguous properties also did it. It would just be one section there.
Rountree: Now I remember.
Corrie: Mr. Smith, any comment?
Smith: Mr. Mayor and Council, I guess I don't have any other comments other than
what Shari has presented to you. I think they are connected to water at this time, and
they will be hooked to sewer when the sewer extension is completed.
Corrie: Okay, thank you. Testimony from the applicant.
RAY ROBNETT 1011 S. STAR ROAD, STAR, IDAHO
Robnett: Just a couple of points of clarification. We don't have water yet. We have
opted to probably not that it was our choice to get it right now anyway, but we are going
to wait until Masco is bringing the sewer line down the street. I meet with them probably
once a week, and they're probably 30 days out. They will do our sewer connection and
our water connection at the same time providing we get approval for that water meter.
You know I know it's late and I don't want to belabor this point. There was 15 conditions
of approval on that annexation and I made an appointment with Shari and took her out
there and we comply and I think I'm right in saying this with everything. Setbacks, all
your parking lot, your landscaping, everything that's there, and we simply are annexing
into the city in order to get this water meter because we are in Ada County, and this is a
tough lesson to learn. We came to Meridian City first and asked for a building permit
and they sent us down to Ada County. We went through their traffic development plan
and through all of their procedure, obtained our building permit there. We're told that
we could either pay double assessment fees or annex into the city and that's a truth.
Nobody lied to us or deceived us or anything but with that we took that that was our
decision to either pay double fees or annex into the city. I was not aware that we even
had a problem until the building. We were well underway because Ada County gave us
our building permits. I called Bruce Freckleton and said I'd like to come down and pay
my double assessment fees and get my water meter. We need water, and that's when
he informed me that we weren't going to get a water meter. We had been denied that
and basically the choice of double fees or annexation is not my choice but your choice
to choose. So anyway I can comply with everything in there. Tiling the ditch, I've got
three letters here from the Nampa Meridian Irrigation, I've gone out and talked to them.
They said if you want to cover the ditch you can fence it, you can park on it, we're not
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Meridian City Council Meeting
December 15, 1998
Page 42
requiring that you cover it. In fact the last letter we got from them said they had no
comment on it. They had commented on it three times and they had nothing more to
say. I'm sure you can go out there and say are you sure you don't want the thing -
wouldn't you really like to have it covered and we could probably get them to say yeah,
we probably ought to have it covered. But the three non solicited letters that we gave,
they don't want it covered. I have one engineer that had looked at it and said ittakes a
48 inch pipe to carry the water. I took Shari out there. Her arid I both stood on the bank
and look down and there's a lot of water running through there and it's not even
irrigation season. So I'm really - I will comply with the others. I would like to - as far as
not having to comply with that - it's item number 13 on there tiling the ditch. Is that not
what the meeting is about?
Rountree: The meeting is on the annexation.
Robnett: That's right and in order to annex one of the ordinances is tiling. Okay.
Corrie: Well actually what you did with RC Willey is had a bond for that. Whatever had
to be done later. There's a lot of controversy on whether it's 48 or 50 or 26 or what it is.
But the RC Willey project, they bonded for that for a later period.
Robnett: See had I known that I could have gone to my client and I could have said it's
about $14,000. I could have gone to him and I could have said you know we've got this
ditch here you can bond for it or you can put up the money. Someday you're going to
have to do it. He was at his last location for 15 years, so I can assume he'll be here for
a while. But when we went to Ada County, we went through all of the process. I even
came in after I was under construction and knew of the problem and went in and spoke
with Brad in the Planning and Zoning, and I said Brad if a fellow has a lot in Ada County
and he wants to get Meridian City water, I said how does he do that? And he says you
either pay double assessment fees or annex into the city. And I said really? And he
says yes, double fees or annex into the city. (End of Tape)
Robnett: ... that is true, but that is not my choice to make, but based on that decision I
went through at Ada County. The building is done. The people are not in it. I mean we
can't get in until we have sewer and water, and it's done. We can't get our final
inspection or certificate of occupancy because we can't prove that we have permanent
sewer hookups. So anyway it's kind of a - I mean I will wind up if that ditch has to be
tiled or the bond has to be posted, it will be me that's doing it. The owner is showing no
interest in paying for it doing it.
Bentley: I will tell you what my feelings were on this ditch and what I told at the RC
Willey. I'm really concerned about the tiling of all the ditches because it's one means
we have to recharge the water aquifer. And with all the farmland going out with
irrigation we could wind up with a problem with the water aquifer. My feeling is I'd like to
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Meridian City Council Meeting
December 15, 1998
Page 43
see it stay open. It's a year round ditch. It has amenities to the ducks and the geese
and so on and so forth and it's also attached to the railroad right-of-way which we're
trying to preserve and we're working towards preserving. The issue we did with RC
Willey, we had them bond for it and if it comes down to we get an actual feel that it
needs to be done and tiled, then we could move forward with that. It may come to the
case where it doesn't get tiled, but right now we can't say yes or not that it is or isn't.
going to be tiled. As the Mayor said, there's a lot of controversy as to how much water
is in there and where it's coming from. And as you've stated the irrigation season over
and we still got a lot of water coming down there. So that's kind of where we were with
RC Willey and we just told them to go ahead and bond for it and if the decision is made
down the way that it needs to be tiled, then we address it then.
Robnett: That's very clear. Do you understand my point that I really don't feel like I
should be here at all annexing in because I was told I could pay double assessment
fees or annex into the city. I chose to pay those double fees. I built my building to Ada
County standards under all their ordinances, which do comply, but I have a trump card
here and that's the water meter and the trump card is that I have to annex into the city
and when I do that then I fall under these ordinances that are requiring me to either
bond or tile the ditch. And if I'm understanding you correctly you're saying that we
possibly could bond for that. But I think it certainly the day will come when it will have to
put in.
Bentley: Myself, I'm not that sure.
Rountree: In terms of clarification the request came to the Council for double fees or
annexation. We denied the double fees, which it's not as you pointed out earlier in your
testimony it really isn't your call. The city has to approve doing that. And we denied
that. We denied it because of the time and the situation out there that was going on
with no movement towards sewer extension, no movement towards some other types of
activities that were happening or not happening in the area. Since that time there's
been some changes. It's one thing that's being brought out. Mr. Robnett is not asking,
but would we reverse our previous decision on double fees. And then not pursue
annexation on his part.
Bentley: So what happens when we do the comp plan review and we go out and we
start annexing, force annexing all the enclaves? Where is he at then?
Rountree: I do not believe if we do that I'm not sure we could enforce all the existing
ordinance or the subdivision ordinances.
Bentley: But I mean that would be my question. Either legal would have to respond or
if that's the correct -
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Meridian City Council Meeting
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Rountree: I guess the other point and I brought this up the last time we brought up this
particular body of water is it's my opinion that this is a regulated body of water. It's not
an irrigation ditch. Whoever does what out there is going to have to have the approval
of the Federal Government to cover it, tile it, do whatever it is they want to do with it. I
haven't had that answer brought before the Council but I believe that's probably going to
be what's happening. Bill, you had a comment.
Gigray: Mr. Mayor and Councilman Rountree I suggest you might ask and I don't know
if Gary Smith, the Public Works Director, is in a position to answer the question if these
people already have their building permit and have constructed their building whether or
not city ordinance 11-9-605M would even apply if they've already received permission
of Ada County and have completed their development. I don't know that this is
operational. I'm not that familiar with that code section. It might clarify this question.
Smith: Mr. Mayor and Counselor, you'll have to tell me what the section is. I don't
recognize the number.
Gigray: 11-9-605M is the one that I'm looking from the recommendation of Planning
and Zoning.
Smith: What's the title of that?
Bird: It's the property the tile for the ditch to be tiled.
Smith: It's tiling of ditches.
Bird: Yeah.
Smith: Well it's a city ordinance. If the property is not in the city, then it's not
enforceable is it?
Bird: But if the building is built what we're asking if the building is already built Gary and
we annex them in, then do they have to go under that ordinance as far as tiling it and
there has been no variances asked on this annexation regarding the tiling of the ditch.
That's what we're questioning.
Smith: I understand. Right. I can't answer that. I don't know.
Gigray: (Inaudible) it's my recollection that usually those tiling requirements are tripped
by some kind of development that's going on. If the development has already occurred
it may not trip it.
Bentley: So in essence you're saying that he's grandfathered?
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Meridian City Council Meeting
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Page 45
Gigray: Well that would be the case. It may just be we ought to look at the ordinance
just to see what it says.
Rountree: Not to go off in another direction, but it's always been my impression that on
an annexation we could require it. We can require just about anything on an annexation
request.
Gigray: True.
Bird: But we could also waive requirements too.
Anderson: But if that's the case and the county's building ordinances are less stringent
than ours, everybody would build their building first and then come ask for the
annexation.
Robnett: But that was clearly not the intent here. We came to you first.
Smith: Mr. Mayor the title of chapter 9-605 I guess that's how you reference that is
designed standards, and I guess that you could look at that as standards that are
required during the design of a project and maybe that's what Bill is looking at is if it's a
project that has already been built then the application of these design standards to an
existing facility may not be required. That's the question he's asking. But there's
nothing specific that I can read under piping of ditches that talks about a completed
proJect that's annexed being required to comply with the design standards of this
section.
Corrie: Shari you had something you wanted to say and then Mr. Bird.
Stiles: Mr. Mayor and Council my only comment would be if they come in for - say they
want to build a wall inside the building, they have to come to the Planning and Zoning
Department first to get a certificate of zoning compliance even for a tenant improvement
like that or minor approvals. It needs to be decided whether they're going to tile or not
tile because if they decide to do that in the near future, or even down the line, it's going
to come up again unless the ordinance is changed.
Bird: Then they could request a variance or we could approve this with the variance of
the tiling. Am I not right? Actually this is designed and went through the design review
before it was ever annexed. So it's kind of grandfathered.
Corrie: I think you are going to get into some trouble here if you decide it has to be tiled
then you've got a variance already given that you don't tile a piece of it and the others
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Meridian City Council Meeting
December 15, 1998
Page 46
do. I would see some conflict of interest there. You've got tiling and no tiling and tiling
that's required by the others. Bonding and everything else.
Robnett: But the building is finished. I mean -
Corrie: I understand that. We're talking about the ditch now.
Robnett: Right.
Corrie: Whether it should be bond or the variance out. Any comments?
Bird: Is there any other property along that ditch that's in the city besides RC Willey?
Who?
Stiles: There are lots within the subdivision that are already annexed.
Bird: Have they tiled the ditch?
Stiles: No. Even though it says in the Findings in the annexation ordinance is that they
would meet all ordinances of the City of Meridian.
Bird: That's what I'm saying. I mean we're not setting the precedence here. It's been
done. That ditch, I agree with Councilman Bentley, that ditch is not an irrigation ditch.
That is a drain ditch. Now where the water comes from, I don't think anybody knows
completely. You got federal regulations before you start tiling that thing also like Charlie
says. Council can do what they want regarding this, but as I know RC Willey is the first
person that has been ever been asked to put up a bond for future covering of the ditch
along that way that we have annexed. Am I not right?
Stiles: They are also the only development that has occurred within the City of
Meridian.
Bird: Along that ditch.
Stiles: Yeah.
Bird: (Inaudible) before the development started.
Stiles: Yes.
Bird: The rest of them have been developed and then annexed.
Stiles: Yes.
......
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Meridian City Council Meeting
December 15, 1998
Page 47
Bird: That's right.
Corrie: They're still required by ordinance to do that.
Bird: None has been covered.
Corrie: No.
Bird: Okay. The only one that has been asked to put a bond up has been RC Willey,
and they've been the only ones that have come into the city, annexed into the city first
before they did their development, and that's just what that ordinance says. If it's in the
planning stage, then you have the right to do it. The others are grandfather righted in.
Corrie: Any other comments? Anything else you want to bring before the Council?
Anyone else wish to testify in favor of the request? Anyone opposed to the request?
Final testimony from the Council? Ready for-the decision then?
Bird: Mr. Mayor I move that we close the public hearing on the annexation and zoning
of .96 acres Olson Bush Industrial Park by Ray Robnett.
Corrie: Do I hear a second?
Anderson: Second.
Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public hearing on
the annexation and zoning of the .96 acres Olson Bush Industrial Park. Further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Discussion on the decision? The Council can either continue the public hearing,
accept the recommendation from Planning and Zoning, modify it, or deny the
annexation.
Bird: Mr. Mayor I move that the Meridian City Council accepts the recommendation of
the Planning and Zoning Commission and with the exception of item 1.6 on page 4
regarding the tiling of the ditch and that the attorney get this Findings of Fact and
Conclusions of Law and be ready for 1/5/99 Council meeting.
Corrie: Do I hear a second to that motion? Hearing none, motion died for lack of
second. Is there any other motion?
....
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ITEM NUMBER: 13
REQUEST: ANNEXATION & ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED MINUTES FROM P &Z
SEE ATTACHED P &Z PACKET
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
SEE ATTACHED RECOMMENDATION FROM
P&Z
CITY POLICE OEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
IDAHO POWER:
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A ~ 1Y J'~ or y
\w' '[~ dfY' ;; l
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MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
~ Materials presented at publiC meetings shall become property of the City of Meridian.
.
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Meridian Planning & Zoning Commission
Novernber10.1998
Page 70
MacCoy: You can go home and tell your wife she has a place to work.
Rossman: Mr. Chairman, a point of clarification, was the comment regarding one of the
departments comments as not being applicable, so we can follow up on that, which one
was that?
MacCoy: That was water.
Rossman: Water department? Okay.
Borup: I thought it was sewer. Oh, on the reduce pressure back flow assembly.
MacCoy: We have both directions,we have the use of water, plus. (Inaudible)
quantities.. ,
Borup: They could pressurize irrigation there.
MacCoy: I think that is probably true, but that's water control.
Borup: That's from the sewer department.
ITEM NO. 15: REQUEST FOR ANNEXATION & ZONING OF .96 ACRES (OLSON
BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036 LANARK STREET:
MacCoy: Staff?
Stiles: Mr. Chairman, commissioners you have in your packets our comments. The
comments that we have made are based mainly on the existing conditions here and
ordinance requirements the applicant may have some comments on some problems he
has. I think his main problem has to do probably with the Evans Drain that is located
adjacent to the railroad tracks at the northern boundary of this property, but other than
that, he can address if he has any problems with these comments.
MacCoy: Is that it?
Stiles: Yes.
MacCoy: Is the applicant here? Come forward please.
RAY ROBNETT, 1011 S. STAR ROAD, STAR, 10. WAS SWORN IN BY THE
ATTORNEY.
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Meridian Planning & Zoning Commission
Novernber10, 1998
Page 71
Robnett: We've requested for this property at 3036 Lanark to be annexed into the city.
The primary reason for that is because we need water hook up, water meter to the
property. This project has quite a history to it, not all real charming history, but none the
less, we came into Meridian City. If you know where Lanark is you know where YMC is
and Ron Van Auker's office over there just off of Eagle Road, a little street there. I was
sure that was in the City of Meridian so I came down and requested for-would like to
make application for a building permit and at that time I was told that it was not Meridian
City, but Ada County. I went down to Ada County and they said yes that is our
jurisdiction and you need to do a traffic development study on the property and then we
can issue a building permit on it. So we paid the fee, spent two months-Ada County
Highway District did their traffic development study, we're required to put sidewalks in
front. They only have three employees there, so it didn't have an adverse impact on the
little infrastructure street there or Eagle Road. We got all finished with that and that took
several months and I spent about $10,000 on architectural plans and engineering, they
called me, they said your permits are ready to pick up. The owner in the mean time had
given notice, he's been 15 years down on Front Street and had given notice there, the
bank loan is done-we are all ready to go and they said by the way you need to get
your letter from Meridian City giving you water from Central District Health approving
your septic system and from the Nampa/Meridian drainage system for the drainage.
We did all of the Central District Health, that was just getting our septic tank approved.
There is going to be sewer there that thing I was talking to Bruce and that is in fact
going to happen. We went ahead and spent $1,000 at above ground sand mound
system approved in the event that this thing doesn't go through. Central District Health
was okay with that. Nampa/Meridian has been notified three times on this project. Two
traffic development studies that I had to do-didn't do the first one right, the second one
we got right. Then for this meeting here tonight. Then I came to Bruce and I said
before I had even started the project, I called up-I've done this, it's all I've ever done in
my life as a builder. I've done it for 25 years. I miss some things, but usually I try to be
pretty thorough. We do about three or four of these buildings a year and that's it. We
are not big operators. So in covering my bases, I called and I said what do we do to get
a water meter and he said you either have to annex into the city or pay double hook up
fees. He said if I remember right, $700. I said okay fine. So knowing that I had to
either annex into the city which I didn't want to do, then I'll just pay the double hook up
fees. When I come down, I just walked into his office with my checkbook and I was
going to pay the double hookup fees so I can get my letter. Bruce informed me that he
not only could not give me a letter, but that I had been denied a water meter at all. I had
never been notified of any public hearing regarding a water meter. I'd never been told
that that choice to either annex into the city or pay double fees was not my choice, but it
was either the commissioners or the City Council's decision. I think that went before
City Council, right Bruce? I'm not saying that he misinformed me, there was just a little
bit more to the story. When I did this annexation and applied for this annexation, I
stopped and talked in Shari's office there to Brad and I said Brad if someone has a
piece of property and they're in the county but they are next to Meridian City and they
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Meridian Planning & Zoning Commission
November 10, 1998
Page 72
got to have Meridian City water, how do you do that? He said you have to either annex
into the city or pay double fees. I said really? And he says yeah really, you just pay
double fees or you annex in. That's the truth, but that's not what I'm allowed to do. So
here I am down there, I'm in Ada County, this building is built and the way these
conditions of approval are read, we are laying carpet in on Friday. The staff comments
is they are made in such a way that I'm going to build this thing and I'll meet all the
conditions that Meridian City has. Well, as I read through them, I think the ones that
really have concerns, setbacks, parking and landscaping and everything, we meet all
those fine. I needed to get my letter. I went to the mayor and I explained my dilemma
to him and he said if you will get me a letter from the owner of the property stating that
you will annex into the city, then I will give you a letter saying-I will give you that
Meridian City will not deny you water. The letter that I got from Mr. Mark Nelson the
owner, says I'm Mark Nelson owner of Wheel City Inc. of Idaho do willfully agree to the
annexation of 3036 Lanark, Lot 4, Block 1, Olson Bush Industrial Park, City of Meridian
annex to the city of Meridian, I am the owner of the above described property. We will
comply with all landscaping and parking as described by the City of Meridian, thank you
for your timely consideration of this matter and we will be excellent contributers to the
area in the City of Meridian. I gave that-this letter is addressed to Robert Corrie. I
gave that to him, when he had that in hand, he gave him a letter, I went down to Ada
County I got a permit and I built the building. When I-what I thought the annexation,
the extend of it would be that I'm just taking my property and putting it into Meridian
City, because it's Meridian City all around. There is this little island that is Ada County.
I thought it would be a fairly simple procedure. Some of the requirements that we've
been asked to comply with City of Meridian owns and maintains the water line and
Lanark adjacent to the subject site at this time the sewer is not available, however, the
Van Auker sewer extension will provide sewer to the site. The applicant went before
City Council to request service while outside of the city limits. The City Council denied
the applications, staff has not been informed of a reversal of denial of City Council. It
may be that annexation can take place prior to water service being needed. We don't
need water service till around December. You know, we've got another month. I don't
know how long it takes to get the annexation. I did get a letter from the mayor saying
that I could have a water meter. I have a fire hydrant right on the corner of my property.
I have a letter in here saying that it does not-the fire department has no problem with it
as far as the water is concerned. I understand that it's kind of like the twilight zone, I
really been trying to work with it. It's extremely frustrating, we are a small operation--It's
me, my wife, we've got two boys and my brother. To take-Shari kind of implied when I
first come up with the problem I sit down and had a meeting with them. They said, well,
just get everything back from Ada County, annex it in from the City of Meridian and then
go back to the City of Meridian and reapply for your building permit. Well, that's a six
month void in my work schedule. I don't have--I'm not like Stead (sic) or somebody
that's got a bunch of buildings going. I've got this one, when this is done, I'll go to the
next one. I can not stop, or could not stop and address all of this at the time. That's
one of the conditions, I don't know, what does that mean? Does that mean I'm going to
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Meridian Planning & Zoning Commission
Novernber10, 1998
Page 73
get a water meter after I'm annexed into the city? Does it mean that I'm going to-you
know, the mayor asked me to-he says will you meet all the landscaping requirements
and all the parking requirements? They want a 35 foot setback from the frontage, well,
we are 40 foot. We are 10 foot from property line, we've got a letter here from Central
District Health saying that we are okay. I've got a letter from the fire department-the
Meridian Fire Department will not have a problem with this annexation or zoning. The
Nampa/Meridian Irrigation, they have no comment on this because they've already
commented on it twice. They have no problem with it. I have that letter that I can show
you where they said it's fine, they are not requiring us to tile the ditch, they don't want
the ditch tiled. They said if we do tile it and want to park on it, that's okay, but that's a
$15,00 dollar item to tile that ditch because it's got to be a 48 inch pipe. I've got-oh
here's one that really concerns me from the water department, it says the city needs to
develop another water source before anymore development takes place in this area.
Now, I've got a water/fire hydrant on the corner of my property. I've got a brand
spanking new 8-10-12 inch line, 10 inch line in front of my property, it's about two years
old. I've got the fire department that says it's okay. Meridian-or Ada County gave me
a building permit and I don't know what-this could mean a lot of things. The city needs
to develop another water source, I know that there's Van Aukers next door and he's on
a well. We do have city water and we are going to have city sewer. If any of you drove
by the project, it's a nice building. We've taken to our neighbors around there for this
annexation, we've shown them site plans, colors, we've worked with them. Everybody is
please with the building. I would not be here before you tonight requesting an
annexation if I had understood or had gotten a more direct answer on my original
question. What do I need to do to get water service to my property. It was said that you
either annex into the city or pay double fees. On this project $700 wouldn't have hurt
us, we could have just paid that and that's alii thought we needed. I really feel like-
you know, this is my life, this is what I do. I feel like someone is playing ping pong with
it between Meridian and Ada County and I go down there and I meet all their
requirements. Shari and Bru---I'm just being factual here about stuff. I'm not saying
that they did do, didn't do, but all of this stuff that I'm talking about is just factual stuff
about-I don't even know how much my--excuse me, I know it's late and I'll try and be
brief. I don't know if it's best to be first or last, but I wound up being last and I really feel
like I need to say what I come to say. I've been about six or seven months in this, I
don't even know what my latecomers fees are going to be on my water line. During that
course I've called Bruce five, six, seven times-take your time, I'm not in a big hurry, but
I do need to know. To this day I do not know what my latecomer fees are going to be
on that water line. During any of those conversations, I was never told, by the way Ray,
you are not going to get a water meter. You are not going to-you know, it's something
that we decide or you have to be annexed into the city or anything, not that he had to
give me that information, but I feel like, not willfully, there is a lot that I could've been
told that would've never brought me to this. I'm annexing into the city. I think it's a
great thing. It probably needs to be done. Clean up the area a little bit. I feel like we
are doing it , we're meeting most of the conditions, all the building department issues, I
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Meridian Planning & Zoning Commission
Novernber10, 1998
Page 74
don't have a problem with any of those. You know, we are not building a substandard
building or any of block construction. We are ten feet away from property lines. Some
of these conditions, I just have a problem with.
Smith: Mr. Robnett, if I might interrupt you just a moment here.
Robnett: You sure can.
Smith: You are starting to repeat yourself and it is getting late, but on one hand you've
gone through this dissertation on how your only concern is getting hooked into water
and you were told you have to annex into the city because-or you have to pay double
hook-up fees, but there seems to be some kind of glitch in there. Now you are starting
to talk about you have a problem with these conditions about being annexed into the
city. I guess that I'm just confused here on about what the whole issue is here and
maybe Bruce...
(Inaudible)
Smith: We've heard this on other applications tonight already. If you don't annex into
the city you are paying double hook-up. If he doesn't annex into the city, is it true he
can't get a water meter off the city?
Freckleton: Commissioner Smith, members of the commission, the procedure is if you
are outside the city limits and you want water service, you pay the double hook-up fee
but it has to be under the approval of the City Council. City Council has to approve
connections outside the city limits. During this whole process, someone understood
that because the owner of the building wrote a letter requesting, making that request to
City Council. It went to City Council, it was denied. (Inaudible)
Borup: Could you elaborate on why it was denied? I don't think that has been brought
out, does anybody know?
Freckleton: 1'\1 let Shari address that.
(Unknown): It was recommended for approval wasn't it Bruce?
Shari: No.
Freckleton: I wrote a memo to the city clerk, he wrote me a memo asking me what my
recommendation would be. I recommended that the property should be annexed, that
should be the proper procedure. That way the application goes through the city for
building permit, it would be built to city standards, parking requirements, landscape
requirements, signage, the gamut. That was my recommendation.
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Page 75
Robnett: See my understanding was that I could pay double fees, I'll give you $700
dollars more, I get my permit at Ada County and we are not having this discussion.
Borup: You never understood that it had to be approved by City Council.
Robnett: Absolutely not, the letter that he's talking about that got written was written by
the city engineer. That actually was written to them, we did make the application, but it
was not till the whole process was already foregone and well under way.
Borup: I think Shari is going to comment on why City Council denied it.
Stiles: Part of the reason that they denied it was that Van Auker had come in and
wanted a building permit on some of the property that they already annexed. City
Council said until the sewer is there we are no going to allow any building permits in the
area. So when he came in with his request they saw that, you know, further ammunition
to try to get that sewer line through, I believe. Just because they denied the Van Auker
building permit, felt they also needed to deny this one.
Borup: What's the status of the sewer line now?
Stiles: Hopefully construction within the next 90 days.
De Weerd: They denied it after Ada County had approved his building and sent
everything else.
Stiles: It was during the same process.
Robnett: See Ada County is where I make application for building permit because the
lot is in Ada County.
Stiles: But Mr. Robnett is also well aware that if this comes up again he'll come to the
city first.
Robnett: It doesn't go without learning something, I agree.
De Weerd: The process you went through, you got a letter from the city saying that you
would have that hook-up and that's how you got your building permit in Ada County.
Robnett: I got a letter from the mayor.
Borup: It appears the mayor wrote a letter and didn't have the authority to really...
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Page 76
De Weerd: The mayor should have said I don't have the authority to do this.
Smith: Bruce can you talk to the comment by the water district that the city needs
development of their water service before any development can take place in this area.
Borup: I have a question on that too.
(Inaudible)
Freckleton: It could be a 24 inch but still if you don't have the flow and the volume, it's
not there.
Borup: Is this (Inaudible) waters source for family center? The same water line?
Freckleton: It's south of...
Borup: Is it tied in?
Freckleton: We have a pressure zone in the west or eastern end of town there.
Borup: My concern is if there is not enough water for this, do we have enough water for
the family center?
Freckleton: We are in the process of acquiring a well off of Franklin Road. It's our
hopes that that will alleviate this problem and Gary Smith is working on that. We are
also working with consultants. We are trying to bring a water main across the interstate,
which will connect up another pressure zone we have on the south side of the interstate
to this side. All of these projects are all to alleviate this pressure flow problem.
Borup: My questions still is if -a business with three employees is going to cause a
hardship but a 800,000 foot complex doesn't?
Freckleton: I would agree that this is a pretty minimal impact, compared to the family
center.
De Weerd: Because ofthat...
Borup: The family center needs the same-I mean the water applies more to that than
this.
Freckleton: Correct.
Borup: But either way it's still (Inaudible)...
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Page 77
Freckleton: Correct. We have had some discussions with the developer of the family
center regarding a well site.
Robnett: So then the problem is being-in process of being solved?
Freckleton: I believe that we are working on it, yeah.
(Inaudible)
Borup: Mr. Robnett you said there are 15 items on staff recommendations. Care
(Inaudible) problems with some of those?
Robnett: Well, staff is uncertain if all city ordinances are being met and request that
plans be provided to the city, even though Ada County may have already issued a
building permit. They've not only issued a building permit, the building is done.
Borup: Well, but-how can staff state that any different. Without seeing the plans there
is no way they'd know if it met all the city ordinances.
Robnett: Well, I agree with that, but what if there is something there that they do not
like? I'm in Ada County, the lot is in Ada County.
Borup: You address that at that time.
Robnett: I agree with that, but do you see where I'm coming from Keith? I mean I'm
over there in Ada County, I pulled out the (Inaudible)...
Borup: No, I understand.
Robnett: I've built it just like Ada County said to do it.
Borup: Is that the only one that you've got a question on.
Robnett: I don't think there is a real-I've made all the setbacks, I talked to Shari about
all the setbacks, I meet those.
Borup: Then there is probably not a concern. A lot of stuff they do is stuff that needs to
be stated.
Robnett: Everything else...
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Page 78
Borup: To me you haven't really brought up anything that sounds like a problem with
any of staff comments.
Robnett: I agree.
Borup: Okay. I still-you know what I'm wondering? Why are we annexing one lot at a
time? Why are the whole subdivision annexed at once?
Robnett: I think this is the last lot.
Borup: Not according to the plat that you submitted, or is in our packet.
Freckleton: There are two additional lots west of this particul_ar lot before you get to
what is Olson Bush NO.2. That annexation for Olson Bush NO.2 came in about-just
guessing, I think it was about three years ago, two or three years ago.
Borup: Okay, the plat we've got shows them one to the south. It shows I-L to the three
lots to the west or to the east rather.
Freckleton: The lots that Ron Van Auker's offices sit on are annexed into the city.
Borup: And he's south of Lanark?
Freckleton: He's on the north side of Lanark, east of the subject site.
Borup: Okay those are I-L. Those show that those got the-
Freckleton: Correct. Everything else in Olson Bush NO.1 are in the County.
Borup: Okay then there's only three lots right now that are annexed. My question is still
why wasn't the whole thing annexed at once?
Freckleton: I made that comment as well back two or three years ago when they came
in to annex Olson Bush NO.2. I said well let's take in all of it, and I don't recall off the
top of my head what their reasoning was to not do that. I think it was something to do
with the multiple owners of the lots. Ron Yanke owns some property on the south
where YMC is and then Van Auker's piece. There two or three other owners. I think
that was probably the reason.
Borup: That's not an instrumental problem.
Freckleton: No, it's not.
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Smith: This whole plat is incorrect.
Borup: No.
Smith: It's all showing as being in the county.
Borup: Yes, except for those three lots.
Smith: Calling that I-L That's not a city zone.
Borup: Yeah, it is. Light Industrial.
De Weerd: Can I ask a question. Is there any chance you can repeal this to City
Council and they can clean up the mess the city started?
Freckleton: I personally don't have a problem with the annexation.
Nelson: That is my next question is the story is all interesting but can't we just approve
the zoning then comes the city issue and the water?
Stiles: Your biggest deal is the drain; is that right?
Robnett: That's correct.
Stiles: He needs to address that with the Council anyway. I mean I don't know why-
Smith: In the form of a variance.
MacCoy: So let's go ahead with it.
Borup: That's the standard procedure.
Smith: Well let's get this thing moved off the dime and get it up to City Council where it
belongs.
Borup: In the past City Council has hooked up city water with the stipulation that an
annexation be applied for.
Robnett: Right.
Borup: It sounds like that's all we need to do here.
Smith: Maybe they just issue of the process of what was -
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Meridian Planning & Zoning Commission
Novernber10.1998
Page 80
Borup: That may be.
De Weerd: Politics.
MacCoy: Let's move on.
De Weerd: I would be in favor of making a motion to close the public hearing if all is said
and done. I move that we close - sorry. We need to let the public have a voice.
MacCoy: Is there anybody here that wants to speak for this or even against it? If not
it's an open public hearing. Commissioners, what do you want to do now?
De Weerd: Mr. Chairman, I move that we close the public hearing.
Smith: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
MacCoy: All right, what's the next motion?
Smith: Mr. Chairman, I would like to make a motion that we recommend to City Council
for approval of annexation and zoning of Olson Bush Industrial Park.
Borup: Could we also add and I don't know if it would make any difference, but
recommend that they provide water hook up while that process is taking place and -
MacCoy: You can say it.
Smith: I would like to amend my motion to include that we recommend that they provide
water hook up while -
De Weerd: At the earliest possible date.
Borup: Well recommend water hook up to the city on condition that the applicant
proceeds with annexation.
Rossman: Council is not going to be able to do anything any quicker than they can
decide on the annexation anyway.
Borup: Well yeah they can okay the water hook up.
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Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 884-4264
Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 . Fax (208) 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
MEMORANDUM:
November 6, 1998
From:
Planning & Zoning Commission, Mayor & City Council
Bruce Freckleton, Assistant to City E~e~
Shari Stiles, P&Z Administrator ~.
1\ECEIVED
NOV 06 1998
To:
Re:
CITY0F MERIDIAN
Request for Annexation and Zoning to I-L of Lot 4, Block 1,Olson Bush Industrial
Park (0.96 Acre) by Ray Robnett
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:
1. This application is for annexation and zoning of Lot 4, Block 1 ofthe existing Olson Bush
Industrial Park Subdivision. The legal description for annexation included in the application
appears to describe the subject site; however it is not tied to recognized government comers
as required by the State Tax Commission. Please submit a revised legal description that
references the recognized government comers. 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).
2. The City of Meridian owns and maintains a water main in Lanark Street adjacent to the
subject site. At this time sewer service is not available; however, the Van Auker sewer
extension will provide service to the site via Lanark Street. The applicant went before the
City Council to request service while outside the City limits. City Council denied the
application. Staffhas not been informed of any reversal of the denial by City Council. It may
be that annexation can take place prior to water service being needed.
3. The applicant received approval of a conditional use pennit by Ada County to construct an
8,000-square-foot office/warehouse for Wheel City, Inc. A minimum 35-foot front setback
is required in the 1- L zone. Staff is uncertain if all City Ordinances are being met and requests
that plans be provided to the City even though Ada County may have already issued a
building pennit.
4. All construction shall meet all Codes applicable to coinmercial property which have been
adopted by the City. Construction needs to meet ADA requirements for handicap
accessibility.
Robnett.AZ
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P&Z CommissionlMayor & Council
November 6, 1998
Page 2
5. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance. All parking areas are to be paved. Paving and
striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and
11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
6. A drainage plan designed by a State ofIdaho 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.
7. A minimum of one (1) three-inch (3 ") caliper tree per 1,500 square feet of asphalt as required
per City Ordinance Section 11-2-414.D.
8. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas or cause glare, in accordance with City Ordinance Section 11-2-414.D.3.
9. If none are existing, five-foot-wide sidewalks shall be installed along the Lanark Street
frontage and within the property in accordance with City Ordinance 11-9-606.B.
10. Provide screened trash enclosure per City Ordinance Section 11-2-414.A.3. Coordinate
dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate
dumpsters so as not to impede fire access.
11. No signage has been proposed, and none is approved with this application. All signage shall
be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian
Zoning and Development Ordinance. All signage shall be subject to design review. No
temporary, A-frame or flashing signage will be pennitted. Non-conforming signage will be
removed by the City upon 3 days' notice to the applicant.
12. All outdoor storage of equipment and materials shall be screened from view.
13. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per
City Ordinance 11-9-605.M. The Evans Drain is located within a 55' easement across the
northern portion of the property. 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. No variances have been requested for
tiling of any ditches crossing this project.
14. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
Robnett.AZ
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P&Z CommissionlMayor & Council
November 6, 1998
Page 3
15. A development agreement could be required as a condition of annexation. If applicant
complies with all City requirements, such an agreement may not be needed.
Rllbnett.AZ
......-
Council Memher~
e HUB OF TREASURE VALLEY e
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(108) 884-4164
Mayor
ROBERT D. CORRIE
CHARLES ROUNTREE
GLENN BENTI..EY
RON ANDERSON
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 . Fax (208) ii.r~~EIVED PLANNING AND ZONING
J \I DEPARTMENT
SEP 2 5 1998 (108) 884-5533
CITY OF MERIDIAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
PUBLIC WORKS
BUILDING DEPARTMENT
(108) 887-111 I
KEITH BIRD
To insure that your comments and recommendations will be considered by the Meridian
Planning and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: September 23,1998 HEARING DATE: November 10,1998
REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK
BY: RAY ROBNETT
LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET, MERIDIAN
TAMMY DE WEERD P/Z
_ MALCOLM MACCOY, P/Z
_MARK NELSON, P/Z
_BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
~RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
~-KEITH BIRD, C/C
_GLENN BENTLEY, C/C
WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
----.VIRE DEPARTMENT
~POLlCE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELlM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM & FINAL PLAT)
U.S. WEST(PRELlM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELlM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELlM & FINAL)
IDAHO TRANSPORTATION DEPART ENT
_ADA COUNTY (ANN ION)
YOUR CONCISE REMARKS:
9-2 tj-cpF
... ...__m. -,
Council Memhers
e HUB OF TREASURE VALLEY It
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 836M~CEIVED
Phone (208) 888-4433 . Fax (208) ~13
LEGAL DEPARTMENT
(208) 884.4264
Mayor
ROBERT D. CORRIE
CHARLES ROUNTREE
GLENN BENnEY
RON ANDERSON
KEITH BIRD
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
SFP 2 5 1998
cr~T OF MERIDIAN
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
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 Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3. 1998
TRANSMITTAL DATE: September 23,1998 HEARING DATE: November 10,1998
REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK
BY: RAY ROBNETT
LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET, MERIDIAN
TAMMY DE WEERD P/Z
_ MALCOLM MACCOY, P/Z
_MARK NELSON, P/Z
_BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
--..:RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
~<KEITH BIRD, C/C
_ GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
-:-7'-BUILDING DEPARTMENT
.,2LFIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
_MERIDIAN POST OFFICE(PRELlM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM & FINAL PLAT)
U.S. WEST(PRELlM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELlM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELlM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOURC~SEREMARKS: 0", d.-s-9jY
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Mayor
ROBERT D. CORRre
HUB OFTREASURE VAUEY
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 884-4264
Council Membell
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
33 EAST IDAHO
\,,\:.Q MERIDIAN, IDAHO 83642
~(.:C€ ~ \~~ne (208) 888-4433. Fax (208) 887.4813
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PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
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 Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: September 23.1998 HEARING DATE: November 10. 1998
REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK
BY: RAY ROBNETT
LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET. MERIDIAN
TAMMY DE WEERD PIZ
_ MALCOLM MACCOY, PIZ
___MARKNELSON,pa
_BYRON SMITH, pa
KEITH BORUP, pa
-ROBERT CORRIE, MAYOR
--:RON ANDERSON, CIC
_CHARLIE ROUNTREE, C/C
----=.'4<EITH BIRD, CIC
~LENN BENTLEY, CIC
-&WATER DEPARTMENT
SEWER DEPARTMENT
-BUILDING DEPARTMENT
-FIRE DEPARTMENT
- POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
=CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELlM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOClA TION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM & FINAL PLAT)
U.S. WEST(PREUM & FINAL PLAT)
INTERMOUNTAIN GAS(PREUM & FINAL PLAT)
BUREAU OF REClAMATION(PRELlM & FINAL)
_IDAHO TRANSPORTATION DEPARTMENT
_ ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS: '-rilL f!.,1'I'1 ,uedS ";'0
(//.I/'-)~ .A/ld-!'J..-tN" '.IIJ4./~ ~OtJV'C-<'" h <-~"',...'C.-
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RECEIVED
SEP 2 5 1998
CITY OF MERIDIAN
,-.
· Git~f~hH CEN
DEPARTMENT
Rezone # A,.rI1lEXA-rlc?~
Conditional Use #
Preliminary / Final/Short Plat
WI.
D 2.
OJ.
D 4.
D 5.
D 6.
D 7.
D 8.
D 9.
D 10.
D II.
D 12.
D 13.
D 14.
COHD 10191 rm, fl'. 1m
L DISTRICT HEALTH DEPAR
Environmental Health Division
ENT
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We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Specific knowledge as to the exact type of u~e must be provided before we can com~ent on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
o high seasonal ground water 0 waste flow characteristics
o or bedrock from original grade 0 other
This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
After written approval from appropriate entities are submitted, we can approve this proposal for:
o central sewage 0 community sewage system 0 community water well
o interim sewage 0 central water
o individual sewage 0 individual water
The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare.
Division of Environmental Quality:
o central sewage 0 community sewage system 0 community water
o sewage dry lines 0 central water
Run-off is not to create a mosquito breeding problem.
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
If restroom facilities are to be installed. then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
We will require plans be submitted for a plan review for any:
o food establishment 0 swimming pools or spas
o beverage establishment 0 grocery store
o child care center
Date: 1/ 29t1L
Rev;ewed By,(?;;, ~
Review Sheet
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RECEIVED
OCT - 6 1998
CITY OF MERIDIAN
~&~1~'2)~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
5 October 1998
phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Will Berg, City Clerk
City of Meridian
33 .~st Idaho ... .
Meridiat),m : 83642 --
RE: Annexation and Rezone for Olson Bush Industrial Park - Robnett Properties
Dear Commissioners:
The Nampa & Meridian Irrigation District has no comment on the above referenced application.
Sincerely,
/1Jd4'If1~
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
** TX CONFIRMAT. REPORT **
AS OF
NOU 09 .A;50
PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
08 11/09 15;44 2082869568
MODE MIN/5EC PGS CMD~ STATUS
G3--S 06'34" 009 163 OK
----------------------------------------------------------------------------------------~---
M~yor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEP....FlTMENT
(~OS) SS..l-l:.6..l
Council M.."'~
CITY OF MERIDIAN
33 EAST IDAHO .
MERIDIAN, IDAHO 83642
Phone (208) 8884433' Fax (208) 887-4813
PUI3LIC WORKS
eUILDING OEPARTt-IENT
(l08) 887.2:.11
CHA.lU.ES ROUNTREE
Gt.J:NN 6ENn.EY
RON ANDERSON
KEITH BIRD
PLANNING Ar-ID ZONING
DE:PAR.TMEr-IT
(lOSl 88..l-5533
FACSIMILE COVER SHEET
TO: FaxNumber: ~O ~q5(oCX
DELIVER TO KtM}-ll rf.;w Jt..
TITLE/DEP AR TMENT:
DATE:-1l-q -qf
ADDRESS:
CONFIDENTIAL: YES
NO
iC'
9
TOTAL NUMBER OF PAGES (including cover sheet):
FROM: CITY OF :N1ERIDIAN - Fax Number (208)887-4813
NAME:~~
TITLE/DEP AR T:NIENT:
COMMENTS: ~~ W Jh:J~ i ~
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Please call us if you do not receive all FAX transactions successfully.
Phone number (208)888-4433
.
.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF RAY ROBNETT, 3036 LANARK STREET, )
FOR ANNEXATION AND ZONING OF .96 )
ACRES FOR OLSON BUSH INDUSTRIAL )
PARK, MERIDIAN, IDAHO )
RECOMMENDATION
TO CITY COUNCIL
INTRODUCTION
1. The property is approximately .96 acres in size. The property is generally
located at 3036 Lanark Street, Meridian, Idaho.
2. The Applicant is acting on behalf of an authorization by the record owner of
the property Mark Nelson of 244 Constitution Way, Idaho Falls, and has filed a written
request for annexation and zoning.
3. The property is presently zoned by Ada County as Limited Industrial (M-I), and
contains a newly constructed commercial building.
4. The Applicant requests the property be zoned (I-L), Light Industrial.
5. The proposed site of the subject property is north of Franklin Road and east
of Eagle Road. The Union Pacific Railroad runs adjacent to the northern border of the
property site.
6. The city limits of the City of Meridian are adjacent and abut on the east and
north sides of the subject property.
7. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
RECOMMENDA TON TO CITY COUNCIL - Page 1
ANNEXATION AND ZONING - RAY ROBNETT-
OLSON BUSH INDUSTRIAL PARK (.96 ACRES)
.
.
8. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
9. The Applicant proposes to develop the subject property as an
office/warehouse.
10. The Applicant's requested zoning of the subject real property as Light
Industrial (I-L) is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Light Industrial.
11. There are no major or scenic features of major importance that affect the
consideration of this application.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the annexation and zoning as
requested by the Applicant for the property described in the application, subject to the
following:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
1.1 This application is for annexation and zoning of Lot 4, Block 1 of the existing
Olson Bush Industrial Park Subdivision. The legal description for annexation
included in the application appears to describe the subject site; however it is
not tied to recognized government corners as required by the State Tax
Commission. Applicant shall submit a revised legal description that
references the recognized government corners. The legal description shall be
RECOMMENDA TON TO CITY COUNCIL - Page 2
ANNEXATION AND ZONING - RAY ROBNETT -
OLSON BUSH INDUSTRIAL PARK (.96 ACRES)
~
..,
.
.
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.
1.2 The City of Meridian owns and maintains a water main in Lanark Street
adjacent to the subject site. At this time sewer service is not available;
however, the Van Auker sewer extension will provide service to the site via
Lanark Street.
1.3 The applicant received approval of a conditional use permit by Ada County to
construct an 8,OOO-square-foot office/warehouse for Wheel City, Inc. A
minimum 35-foot front setback is required in the I-L zone. Staff is uncertain if
all City Ordinances are being met and requests that plans be provided to the
City even though Ada County may have already issued a building permit.
1.4 All construction shall meet the all Codes applicable to commercial property
which have been adopted by the City. Construction needs to meet ADA
requirements for handicap accessibility.
1.5 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance. All parking areas
are to be paved. Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-41404 and 11-2-41405 of the City of
Meridian Zoning and Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
1.6 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.
1.7 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of
asphalt as required per City Ordinance Section 11-2-4140.
1.8 Outside lighting shall be designed and placed as not to direct illumination on
any nearby residential areas or cause glare, in accordance with City
Ordinance Section 11-241403.
1.9 If none are existing, five-foot-wide sidewalks shall be installed along the
Lanark Street frontage and within the property in accordance with City
Ordinance 11-9-606B.
RECOMMENDATON TO CITY COUNCIL - Page 3
ANNEXATION AND ZONING - RAY ROBNETT-
OLSON BUSH INDUSTRIAL PARK (.96 ACRES)
.
.
1.10 Provide screened trash enclosure per City Ordinance Section 11-2-414A3.
Coordinate dumpster site locations with the City's solid waste contractor,
Sanitary Services, Inc. Locate dumpsters so as not to impede fire access.
1.11 No signage has been proposed, and none is approved with this application.
All signage shall be in accordance with the standards set forth in Section 11-2-
415 of the City of Meridian Zoning and Development Ordinance. All signage
shall be subject to design review. No temporary, A-frame or flashing signage
will be permitted. Non-conforming signage will be removed by the City upon
3 days' notice to the applicant.
1.5 All outdoor storage of equipment and materials shall be screened from view.
1.6 Any exisitng irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located
within a 55' easement across the northern portion of the property. 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. No variances have been requested for tiling of any
ditches crossing this project.
1.7 Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used fro non-domestic purposes such as landscape
irrigation.
1.8 A development agreement should be required as a condition of annexation.
If applicant complies with all City requirements, such an agreement may not
be needed.
Adopt the Planning and Zoning Commission Amendment as follows:
1.9 City Council approve water hookup while the Applicant proceeds with
annexation and zoning.
RECOMMENDATON TO CITY COUNCIL - Page 4
ANNEXATION AND ZONING - RAY ROBNETT-
OLSON. BUSH INDUSTRIAL PARK (.96 ACRES)