Loading...
HomeMy WebLinkAboutMeridian Business & Industrial Park N NN O O O O • m a~sz ~ N ~ o. w -s w -~ ro c z n D D 3 3 ~ m ~ ~ n 3~ c oo ~ oo O ~ cr oo r W ~ -'• II ~ '"S "5 w ro d d ro ro J• w I O ~ II ro "S -'• -~• 'S -~• O O ro C a ro - w w j J `+ ~ c `° ''. ~ -5 c n -~ w c~ to v- ro -s J. v ~ Ci. a c+ . . ~ ro ro ~ n ~ s ro -, --+ w -~ a ~-+ ( w -s v n ri ~ oo y T ~ ~ ~ ~ ~ w -- -~ w c w w ~-r a m ~ cn ro cn c -t• W ~ a m c+ (n II E C'i' ro O ~ ~ O c+ 'S II ro ~ O' (/> ct O ro -~• pp .+ J. ro c-h -S O O ci^ O Q cn -~ ro ro t7 C ~ ~ O ~ -~ f7 O" 7r W ~ S \ ' J. J• J. \ _O N ~ J• cn w p . dl c0 ~ ro O 11 to II O C7 O ~ ro ~ c-t O 'S -s ~ . ~ ~ ~ N ~ ~ ~ "~. c-f O ~ ro ~ O O J. ~ ro a O . D ° a. n n , v ~ O V a ~ ~G O O . t--i e'F t/I N ~ b C J. ~ -~ _ ~ C~ ."~. t--i O "S ~ ro -+. ro J. f7 N ~ J. ~n o cfl tv a O ro ci- n w ~ c+ c+ 'J. ~ J• In O J. O"' O C'h 'II C7 g a w o o -~ -~ ~--~ ro O O D -~• ro 'S N Ll ro ,,, n -+ O D 'O C'f J. • ~ ~ tC J. ro N O f7 c-F ty~ O 'S r2o J. FJ o ro rt J. ~ ~ ~ N ~ n- w ~ ~. w -, V7 c+ I / ~ W N J• ~ o ~ w O N ['F O ~ O ••~ J. J J J J (< . i"f' Q• ~~ t ro °' m J ~ n c~ a ~ G ' ~ z a o v- O ro -s ° .. a ' I-I- t il ~ 3 v m ~' -'• ~ J. N ~ ~ .^ y 1, D ~ W ~ Z N ro c+ c-t ~p v w w O J• ~ N ~ 'II '~ C~+ W 'II ~ ~ ~ O J, !n m ct -~ N ~ p,, O ~ O C1 -S -~ ~ ~ ro r• o- m o o ~ ~ ~ ~ z ~ r+ ro N n N n ~ro n ~°c ro Q .. w a ~ O 3 w ~, ~ ~ Z ro ci- ~....~ ~ w N 'S J• ~ N ~ ~ ~ w ' N W < a ~ ¢• ~ ~ ~~ ~ro ~ w c+ II ~ ~ N ~ ' N N F-' F'' . , ~ J• `°N w ~ ~W ro II ro ~ g-° x c O N ~ K ~ II c+ fD N I"i ~ w ~ O • W C W N ~ o O ~ ~ rn ~ w S ~ .~.r~ l J• A II" N -~ 3 --I D r 0 m r N w /~~ W o m ~ C .I. ..i 3 ~,~_ n z ~ r a Z H 7 D z FC ° N 0 z ~ z H 3 v f.-t ro N J. H ~ m J. _a ~w H ~ ~ L~ i N QO c+ w• a -P N H d m t~ ~y Z d H IH~.j H. LARRY LEAS(1RE President WRIGHT-LEASURE ~/i~ DEVEIAPMENT // A COMPANY ~i~^ January 12,1981 Meridian Planning & Zoning Commission Meridian City Hali 728 Meridian Meridian, ID 8362 Gentlemen: Attached please find our written application for Meridian Business and Industrial Park based on 54 acres, including 7 additional acres. We would appreciate the request being heard as a re-plat and final plat at the same time. Thank you. Best per on regards, . ~carwv ueasure HLL/sjr Encl osu'~es Idaho Frst Plate, Suite 1701 • ] Ol S. Capitol Blvd. Boise, Idaho 83702 • (208) 345-]842 CH2M C®HILL engineers planners economists scientists January 12, 1981 B13030.A1 City of Meridian City Ha11 728 Meridian Street Meridian, Idaho 83642 Gentlemen: Subiect: Meridian Business and Industrial Park Please find enclosed the followincr documents: Construction Plans - 10 copies Plat (Sheet 1 of 2) - 10 copies Plat @ 1" = 300' - 27 copies We are submitting these for your use in review and approval. Other documents such as application, restrictive covenants, and review fees are being submitted by the developer. Should you have any questions, please don't hesitate to call. Very truly yours. ~ ~ Dennis P. Burton bm/2 Enclosures cc: Mr. Mr. Mr. Mr. Mr. Mr. Winston H. Moore Larry Leasure James White Bruce Stuart Skip Voss Gary Smith, P.E. Boise Office 700 Clearwater Lane, P.O. Box 8748, Boise, Idaho 83707 208/345-5310 a''.. ~ t p1 ~,~°r`' '~ REQUEST FOR SUBDIVISIOPI APPROVAL PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. , r 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. ' 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and.Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Suiidivision,~p~idig;,_°~~;;~;~ ~; Tnrli~St1"lal Park 2. General location, S@Ct10n J, T3N, RIE s. owners of record, Meridian Industrial Park, Inc. Address 331 West Idaho, Boise, ID zip__8370~ Telephone 336-2fz0.D 4. Applicant, Same Address, 5. Engineer,/ Alvin Marsden Firm Marsden & Assoc~ddress`P_ d Bnx J71 Planner Boise. ID ZiP $3701. Telephone 344-4343 6. Name and address to receive City billings: Name Address Zip _ Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 54 2. Number of lots approx. 23 3. Lots per acre 2.35 4. Density per acre NA 5. Zoning classification(s) M-1 P.U.D. 6. If the proposed subdivision is outside the Meridian City limits but NA thin the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt IVO S. Have recreational easements been provided for NO 9. Are there proposed recreational amenities to the City IVO Explain 10. Are there proposed dedications of common areas? NO Explain For future parks? NO Explain p ~~,. ., _ 1' (1) ~• Ru~IJiiJ'ST FOR P~LIMINARY PLAT: Planning and Zoning Commission continued •w ~'Pdge 2 PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school(s) service the area NA , do you propose any agreements for future school sites Explain 12. Other proposed amenities to the City Mater Supply Y2S Fire Department Other_o , Explain 13. Type of Building .(Residential, Commercial,- Industrial or combination), Industrial/Commercial 14. Type of Dwelling(s) SS_ngle family, Duplexes, Multiplexes, other Industrial, Business and Warehouse Building 15. Proposed development features: a. Minimum square footage of lot(s), b. Minimum square footage of structur c. Are garages provided for, NA d. Are other coverings provided for e. Landscaping has been provided for f. Trees will be provided for YeS g. Sprinkler systems are provided for h. Are there multiple units NA 1 acre + over e(s), NA square footage NA Yes Describe .See Plan _, Trees will be maintained Y2S Yes _, Type , remarks i. Are there special set back requirements NO Explain j. Has off street parking been provided for Y2S , Explain See Plan k. Value range of property Unknown 1. Type of financing for development Commercial m. Protective covenants were submitted NA , Date 16. Does the proposal land lock other property NO , Does it create Enclaves NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewall•:s will be five (5) feet in width. 2. Proposed use is in conformance with the City of Peridian Comprehensive Plan. 4 . 3. Compliance with Ordinance #365. !?) . REQUEST FOR PRELIMINARY PLAT ;r,T ~~ge 3 STATED4ENTS OF COMPLIANCE: Continued 3. Development will connect t-.o City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. ` 6. Street names must not conflict with City grid system. DOCUMENTATION REQUIREMENTS: . 1. Name of Subdivision. 2. Scale of Preliminary Plat shall not be less than 1" equals 100' and shall include a date, North point. 3. Location and width of streets, alleys and sidewalks. 4. Location, width and purpose of all easements. 5. Lot dimensions. 6. Location of existing buildings indicate whether they will remain or be removed. 7. Location of.existing dedicated streets and their width at the points where they are immediately adjacent. 8. Vicinity map (scale 1" equals 300') showing the above items and all subdivision lines within 600' of the exterior boundaries of the plat, or if none, reference to government section corners. 9. Any variance(s) requested must be submitted in writing. 10. 27 copies of each item correlated. 11. Compliance with Ordinance #365. ACTION TO BE TAKEN: 1. Planning and Zoning accepts, disapproves or accepts with contingencies. DETERMINATION OF REVIEW: 1. Land use determinations are made. 2. Amenities to the City are outlined. 3. This form is completed and technical review follows from City Departments; F7astewater Treatment, Public Wor}:s, Police, Fire and Engineering review. FEE SCHEDULE: 1.Application - see Ordinance No. 345. MERIDIAPJ CITY COUNCIL PRELIMINARY PLAT After approval by the Planning and Zoning Commission a letter will be sent to City Department. Supervisors requesting technical review. Technical review must be completed before the City Council will place the item on the agenda. TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Submission Requirements; Appendix I. 2. City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. (31 L~ ~ ~ ,~~'tERIDIAN CITY COUNCIL PRELIMINARY PLAT -Page 4 TIMETABLE FOR SUBMISSION: continued 3. The City Council will. hear the request at the first meeting of the month following the month the request was acted on by the Planning and Zoning Commission. 4. The City Council may require an Impact Statement. DOCUD'iENTATI0IV REQUIREMENTS 1. Information compiled from the Planning and Zoning Commission. 2. Seven (7) sets of plans detailing named or numbered streets, sewer 'lines, water lines and all existing and proposed easements. 3. Any variance(s) requested must be submitted in writing. ACTION TO BE TAKEN: 1. The City Council will accept, disapprove or accept with specific contingencies. DETERP4INATION OF REVIEW BY CITY COUNCIL 1. City Council acts on recommendation from the Planning and Zoning Commission. 2. Amenities to the City are clarified and committed in writing by applicant prior to any approval. 3. Reviews all comments from agencies. and the City Departments technical review. ~ ~t t .` e REQUEST FOR SUBDIVISIOtJ APPROVAL PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSIOPI: 1. See City policy statement, Submission Requirements, Appendix I. , 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was mane. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision, Meridian Businacc £ Tnrliictx'ial Parr 2. General location, $eCt10n 7, T3N, RIE 3. Owners of record, Meridian Industrial Park, Inc, Address 331 West Idaho, Boise, ID 77-p__83702 Telephone ~-6-260p 4. Applicant, SdRle Address, -~-- 5. Engineerf Alvin Marsden Firm Marsden & ASSOCAddress~ fl Rnx 771 Planner Boise, ID _ Zip 83701. Telephone 344-4343 6. Name and address to receive City billings: Name Address Zip _ Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 54 2. Number of lots approx. 23 3. Lots per acre 2.35 4. Density per acre NA 5. Zoning classification(s) M-1 P.U.D. 6. If the proposed subdivision is outside the Meridian City limits but NA thin the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt NO 8. Have recreational easements been provided for NO 9. Are there proposed recreational amenities to the City NO Explain 10. Are there proposed dedi:.ations of common areas? NO Explain For future parks? NO Explain (11 REQUEST FOR Pr~LIMINARY PLAT: Planning and Zoning Commission continued ~ 'Page 2 e _._ PRELIMINARY PLAT CHECKLIST: Subdivision features continued C C 11. What school(s) service the area NA do you propose any ~ agreements for future school sites ,~ Explain ~ 12. Other proposed amenities to the City 47ater Supply Yes Fire Department Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Industrial/Commercial 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other Industrial, Business and Warehouse Building 15. Proposed development features: a. Minimum square footage of lot(s), b. Minimum square footage of structur c. Are garages provided for, NA d. Are other coverings provided for e. Landscaping has been provided for f. Trees will be provided for Yes g. Sprinkler systems are provided for h. Are there multiple units NA 1 acre + over e(s), NA square footage NA Yes Describe See Plan Trees will be maintained Y2S Yes Type , remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for YeS Explain See Plan k. Value range of property Unknown 1. Type of financing for development Commercial m. Protective covenants were submitted. NA Date 16. Does the proposal land lock other property N0 , Does it create Enclaves NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County highway District and Meridian Ordinance. Dimensions will be determined by the- City Engineer. All sidewalla wi].1 be five (5) feet in width. 2. Proposed use is in conformance with the City of Aeridian Comprehensive Plan. 3. Compliance with Ordinance #365. r?) • REQUEST FOR PR.E;LI.4ItiARY PLrl`i' _ c'3~ge 3 w STATED4ENTS OF COMPLIANCE: Continued ,~ 3. Development will connect t.o City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. DOCUMENTATION REQUIREMENTS: 1. Name of Subdivision. 2. Scale of Preliminary Plat shall not be less than 1" equals 100' and shall include a date, North point. 3. Location and width of streets, alleys and sidewalks. • 4. Location, width and purpose of all easements. 5. Lot dimensions. 6. Location of existing buildings indicate whether they will remain or be removed. 7. Location of•existing dedicated streets and their width at the points where they are immediately adjacent. 8. Vicinity map (scale 1" equals 300') showing the above items and all subdivision lines within 600' of the exterior boundaries of the plat, or if none, reference to government section corners. 9. Any variances} requested must be submitted in writing. 10. 27 copies of each item correlated. 11. Compliance with Ordinance #365. ACTION TO BE TAKEN: e 1. Planning and Zoning accepts, disapproves or accepts with contingencies. DETERMINATION OF REVIEW: 1. Land use determinations are made. 2. Amenities to the City are outlined. 3. This form is completed and technical review follows from City Departments; Y7astewater Treatment, Public Wor};s, Police, Fire and Engineering review. FEE SCHEDULE: 1. Application - see Ordinance Pdo. 345. MERIDIAI`1 CITY COUNCIL PRELIMINARY PLAT After approval by the Planning and Zoning Commission a ]otter will be sent to t'ity Department ,i~t~ervisors requesting technical review. Technical review must be completed .before the Cit}~ Council will place the item on the agenda. TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Su}Jmission Requirements, Appendix I. 2. City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. /~) ,MERIDIALd CITY COUNCIL PRELIMINARY PLAT " ` ~ Page 4 r TIMETABLE FOR SUBMISSION: continued 3. The Gity Council wil]. hear the request at the first meeting of the month following the month the request was acted on by the Planning and Zoning Commission. • 4. The City Council may require anImpact Statement. DOCUr'IENTATION REQUIREMENTS: 1. Information compiled from the Planning and Zoning Commission. 2. Seven (7) sets of plans detailing named or numbered streets, sewer 'lines, water lines and all existing and proposed easements. 3. Any variance(s) requested must be submitted in writing. . ACTION TO BE TAKEN: 1. The City Council will accept, disapprove or accept with specific contingencies. DETERI'4INATION OF REVIEW BY CITY COUNCIL 1. City Council acts on recommendation from the Planning and Zoning Commission. 2. Amenities to the City are clarified and committed in writing by applicant prior to any approval. 3. Reviews all comments from agencies and the City~Departments technical review. ~n,~ REQUEST FOR SUBDIVISIOt1 APPROVAL ~r . ~ ~' ~ PLANNING AND ZONING COMMISSION -'- TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. , 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and ~locumentatian are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision, Meridian BB ,~,si,P« ~ Tnriiic+rl ~-R~r{~ - 2. General location, Secti0n 7, T3N, RIE 3. Owners of record, Meridian Industrial Park, Inc. Address 331 West Idaho, Boise, ID Zip_ 83702 Telephone ~~h-2600 ~~ 4. Applicant, SdTne Address, 5. Engineer / Alvin Marsden Firm Marsden & Asso~adress~p (1 Rnx 771 Planner Boise, ID Zip 8'~70~ Telephone 344-4343 6. Name and address to receive City billings: Name Address Zip _ Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 54 2. Number of lots approx. 23 3. Lots per acre 2,35 4. Density per acre NA 5. Zoning classification(s) M-1 P.U.D. 6. If the proposed subdivision is outside the Meridian City limits but NA thin the jurisdictional mile, arhat is the existing zoning classification 7. Does the plat border a potential green belt NO 8. Have recreational easements been provided for NO 9. Are there proposed recreational amenities to the City NO 10. Explain Are there proposed dedications of common areas? NO For future parks? NO Explain Explain fit • REC,IUEST FOR P_R~LIMINARY PLAT: Planning and Zoning Commission continued ' Pdge 2 --- " PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school(s) service the area NA do you propose any agreements for future school sites Explain 12. Other proposed amenities to the City Fire Department _ Other Water Supply Yes Explain 13. Type of Building (Residential, Commercial, Industrial or combinatiofl}, Industrial/Commercial 14. Type of .Dwelling(s) Single family, Duplexes, Multiplexes, other Industrial, Business and Warehouse Building 15. Proposed development features: a. Minimum square footage of lot(s), 1 acre + OVer b. Minimum square footage of structure(s), NA c. Are garages provided for, NA square footage d. Are other coverings provided for NA e. Landscaping has been provided for Yes Describe See Plan f. Trees will be provided for YeS Trees will be maintained Y2S g. Sprinkler systems are provided for Y2S h. Are there multiple units NA Type remarks i. Are there special set back requirements N~ Explain 16. j. Has off street parking been provided for Y2S Explain See Plan k. Value range of property Unknown 1. Type of financing for development m. Protective covenants were submitted Does the proposal land lock other property Does it create Enclaves NO Commercia NA No , Date. STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County !!ighway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Aeridian Comprehensive Plan. 3. Compliance with~Ordinance #365. ~2) .REQUEST FOR PRt;Ll.~lINIRY PLAT . •_ s ti~3ge 3 STATEMENTS OF COMPLIANCE: Continued 3. Development will connect t-.o City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. DOCUMENTATION REQUIREMENTS: 1. Name of Subdivision. 2. Scale of Preliminary Plat shall not be less than 1" equals 100' and shall include a date, North point. 3. Location and width of streets, alleys and sidecaalks. • 4. Location, width and purpose of all easements. 5. Lot dimensions. 6. Location of existing buildings indicate whether they will remain or be removed. 7. Location of.existing dedicated streets and their width at the points where they are immediately adjacent. 8. Vicinity map {scale 1" equals 300') showing the above items and all subdivision lines within 600' of the exterior boundaries of the plat, or if none, reference to government section corners. 9. Any variance(s) requested must be submitted in writing. 10. 27 copies of each item correlated. 11. Compliance with Ordinance #365. ACTION TO BE TAKEN: 1. Planning and Zoning accepts, disapproves or accepts with contingencies. DETERMINATIOPI OF REVIEW: 1. Land use determinations are made. 2. Amenities to the City are outlined. 3. This form is completed and tec}~nical review follows from City Departments; 4Jastewater Treatment, Public wor~:s, Police, Fire and Engineering review. FEE SCHEDULE: 1. `Application - see Ordinance No. 345. M)/RIDIAPI CITY COUNCIL PRELIMINARY PLAT After approval by ttie Plannin<~ and Zoning Commission a Ietter will be sent to City Department ;u }?er.visors requesting technical review. Technical review must be completed before the City Council will place the item on the agenda. TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Sul~miss-ion Requirements, Appendix I. 2. City Council will hear the request only after it has been acted on by the Planning and Zoning COmm1351on or through the appeal process. i ~- - -~' !31 ' ,MERIDIAPJ CITY COUNCIL PRELIMINARY PLAT • ~ Page 4 TIMETABLE FOR SUBMISSION: continued ~ R 3. The City Council wil]. hear the request at the first meeting of the month following the month the request was acted on by the Planning and Zoning Commission. • 4. The City Council may require anImpact Statement. DOCUt1ENTATION REQUIREMENTS: 1. Infotznation compiled from the Planning and Zoning Commission. 2. Seven (7) sets of plans detailing named or numbered streets, sewer lines, water lines and all existing and proposed easements. 3. Any variance{s) requested must be submitted in writing. ACTION TO BE TAKEN: 1. The City Council will accept, disapprove or accept with specific contingencies. ,; DETERMINATION OF REVIEW BY CITY COUNCIL 1. City Council acts on recommendation from the Planning and Zoning Commission. _ 2. Amenities to the City are clarified and committed in writing by applicant prior to any approval. 3. Reviews all comments from agencies and the City~Departments technical review. ~n~ ity Flall down and get approval of the water system, the way we want to run it and also some negotiations on the well - whether the City wants to take that well over. We are proceeding and we would hope to have the sewer line in and under construction, and finished before the water for irrigation comes in." Williams: "I would think you should stay with Gary (Engineer) on that." Stokes: "What I would like to do is ma(<e several proposals and then come back before Council with Gary's blessing." Williams: "Is there any other comment?" There was no response "Public Hearing closed regarding the Locust Grove Park Annexation." Williams: "There was a motion made and passed by Planning and Zoning on February 9th, 1981 to recommend approval of Parcel I and Parcel II of Locust Grove Industrial Park providing sewer and water compliance, and compliance with all City ordinances at the time." The Plotion was made by Orton and seconded by Kingsford that the Council approve the Annexation and Zoning request of Locust Grove Industrial Park Parcel I and Parcel II, zoned "D" Light Industriial, providing compliance with all City ordinances and emphasis on the water and sewer extension to that property, and that there be no building permits issued until the water and sewer extensions are made." Motion Carried: Brewer, yea; Kingsford, yea; Orton, yea; Williams, yea Benda 4 Meridian Business and Industrial Park Preliminary and Final Plat Hearing // ( Williams: "The Meridian Business and Industrial Park hlearing is now open. Is there anyone in the public that wishes to comment? Dennis Burton, CH2M Hill and Jim White, 4Jright-Leisure Company were present to request approval of the Preliminary and Final Plat. Burton: "We are here again before the Council to outline and bring you up to date on what the happenings have been in the last year and entertain any questions that you might have, then seek your approval for the Preliminary-Final Plat." Mr. White displayed an aerial map to the Council and Public. Burton: "Proposal is on Franklin, adjacent to Franklin, goes up to the north to Bower Street and then borders the property that's owned from 3rd Street to the east to the said project(Section ~,T3N,RIE)" Burton pointed out surrounding properties, Pumice Co., Cemetery, old sale yard property and 3rd Street. "Over a year ago we were before the Council with 47 acres for Preliminary Plat and were approved. Since that time the Developer has been able to acquire the additional seven acres that wilt allow the development to confine itself by extending all the way to Bower Street. The old sale yard has been basically cleared off now. We are here tonight to seek approval for this additional seven acres to be included in this original 47 acres - this is why we have it as a Preliminary and Final Plat. llhat that does for the development is two things: part of the requirement of the approval of Preliminary Plat was to have access to Bower Street for fire protection. The additional seven acres provides access to Bower Street. The other would be that the water line could be extended to Bower Street for future filtration of the City's water system. The total we are talking about now is 54 acres." White: "I might add that this park is going to have good restrictive covenants to maintain the quality of it and also with this plan we have tried to make the Industrial Park self contained so all your truck traffic is pretty much going to enter from Franklin and stay within the industrial area rather than impact the residential areas around it. lde feel it is going to be an asset to Meridian, providing both the warehousing and industrial aspects as well as the new office part." Williams: "Are there any comments from the public?" Ellen [dichols: "I own property on East 3rd. Poly question is the advisability, as this plat is drawn for the developer, they are going to 3rd street to 5th Street - bottling in an area there with no access to it. I'm sure you gentlemen are aware that there are nurierous such areas in the City of Peridian where there are no access to lands that cannot be developed. I question the advisability of going ahead and approving another plat. I think there should be sorie provision for putting in 4th Street sometime in the future." Williams: "Does 4th Street line up with that nroperty?" di E. PJichols: "I think it ~vould be on the very west perimeter." Orton: "I understood you to say that some of those properties were landlocked along 3rd Street" fJichols: "They o have f n a~ but are acre lots, 400 feet deep. /Ind down the road ten years from/~~~ you/1n~~~n~s ~ake our horses out of there when the park is developed, or restrict so we can't grow beef back there?" Williams: "We are not talking apples and apples here - this is an industrial situation and you have an acre lot back there zoned residential, you have a right to use that residential lot as you so desire." "There is an access through the one lot on 3rd Street." Brewer: "I don't see how it would ever be just, to cause these people building this Industrial development to bring about a street or a right-of-way to property you people own. It's been studied for the last week and there seems to be a couple of remedies you people could put that street in yourself. In fact, make better use of your property than if it was along the edge of it. Either through a culdesac situation (indicating map) such as, on here or putting a street through approximately the middle of the unused property that you have in the back - you could develop both sides of that street. To force these people to put a street along their property so you can develop your property I think would be extremely unreasonable aid unfair." Nichols: "Would the City Council approve that kind of development?" Williams: "Submit one = we couldn't say. yes, or no based on whether it would be a better utilization." PJirhols: "On the proposal - we have asked for this for ten years, we asked for it when that was first zoned light industrial." Williams: "I can see your point of view, all of asudden you've got an acre of residential land in the City which in most cases is a waste of 80;' of an acre, I think the neighbors can put together, I would say, three alternatives. I realize there is blockage fora 4th Street because there is a development along Bower and Franklin Road - those people are not necessarily going to give up 60 feet of right- of-way. Collectively, the Developer may want to go back another 300 feet to enlarge his Subdivision - the other side would be getting everyone collectively together and put 4th Street as Vern Schoen has tentatively sketched (sketch put on display by Williams) or put in culdesacs where you would get two or three land owners together. Collectively develop a subdivision. I appreciate what you are saying and I applaud you for trying to get a better utilization of land." Nichols: "I still think the City is wrong in going ahead and blocking off, allowing it to be blocked off." Brewer: "Ellen, if you would look at this map right here (indicating map on wall of Meridian Business Industrial Park) 4th Street runs on your property, not on their property." Williams: "The real problem is right here, the commercial property on Franklin is not going to want to give up valuable property and to literally clear the houses away on Bower creates a problem. We know that there is a 25 foot easement on the west boundary of their property and they can't build on it." PJichols: "Does that go clear across the property?" Williams: "It's like this, it runs the full length of the property. There's a main trunk that comes along here, so from the standpoint of development, with that easement you would have ready access to sewer through that trunk - if it were residential whether with a culdesac or street, you would have good access to sewer. It would not encroach upon the proposed residential property, because you have a 25 foot buffer to begin with. This type of warehouse::. will not be loud working, and hope with offices could enhance the value of your property. I would think it would be a very feasible residential development." Brewer: "One more point - on the sketch suggestion of putting through 4th Street - if that should prove to be blocked by the cormiercial property on Franklin and by the private residential on Bower, that very sarne concept could be used by making a loop off of 3rd Street that could take in all that desirable property. In other words, instead of two or three culdesacs, loop that property to 3rd S~~reet." Williams: "I know the City would be willing to work with the landowners there. Again we very much appreciate what you are saying and we would like to work with you to provide a better utilization of that land than just letting it lay there. I think you could benefit and I think the City could benefit too." N 7. Februarv 19. 1981 lilliams: Are there any other comments regarding the hearing of Pieridian Business and Industrial Park Final Plat?" Albert Baer: "We live across the street and I would like to know where they are planning their streets, we live just east of the cemetery and wondered where they are coming out with their road onto Franklin." Dennis Burton (CH2M): "About 290 feet from the edge of the block factory" Burton pointed out entrances to the business park on map. Baer: "We do not wish to have some high rise building right in front of our house" Williams:"They cannot put any high rise buildings in the business park" "There will be acceleration and deceleration lanes?" Burton: "Plot as such, what it is is a widened curve - it is not an additional lane. The streets will be built the 50 foot right-of-way standard with b 5 foot easement on both sides inside the park." The widening of Franklin was discussed and thought to be a 80 foot right-of-way. Brewer: "As I recall, you have gore through Ada County with the acceleration and deceleration and they didn't thir7k it was needed at all?" Burton: (Hods agreement) "That's where this sweeping curve comes in" Brewer: "These people have been before us numerous times and I think very good to work with and the additional seven acres is just going to be an improvement to an already very eood project." Williams: "Any other public comments?" Phil Ashbaugh: "I would like to know how many entrances off from Franklin Road there will be" Burton: "There are two (2) main ones with three (3) additional proposed. The requirement we have is that all accesses be reviewed by Ada County Highway - they have been reviewed in concept form and final curb cut form. There will be at least as many shown on this plan; spaced at approximately 200 feet. The small one shown will be private, not a public right-of-way." Williams: "With this plat we have design review and landscape plans to be submitted." Williams: "Are. there any other comments regarding the Meridian Business Industrial Park?" There were none. "FJearing is hereby closed." The Plotion was made by Orton and seconded by Brewer that the Preliminary and Fina; Plat of Pieridian Business and Industrial Park subject to Ada County Highway District approval, design review, review of v~ri~ces of lot lines and comply with all City Codes and New Ordinancesr / ~ Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea oenda 5 Bethaven Final Plat Hearing Orton: "I have a conflict of interest and abstain from decision as my firm does represent Bethaven Subdivision." Williams: "Please Plote that P1r. Orton has abstained from any decision and I now call the public hearing for Bethaven Final Plat open for public connnent" Lee Stucker, Developer and (deal Eagar, Tudor Engineer, were present to request Final Plat approval of Bethaven Subdivision located 1Jest Cherry Lane, across from Sunnybrook Farm Subdivision. Stucker: "4Je have presented most of our material to you and talked to you before, and have presented requested material to all of the different agencies. We have not heard again from PJampa-Pieridian Irrigation District but Eagar has had all necessary response from Ada County FJighway District." Williams: "You have changed the restrictive covenants in order to comply with the minimum square footage City Ordinance. There is one problem though and that is in regard to duplexes. With regard to duplex units 'each side s!iall have not less than 860 square feet'. The minimun; that the ordinance reo,uires goes back up to 4Jo. 1 'no more than 10% may be between one thousand and one thousand and ninety-nine square feet' - this applies to all residentior.al units whether they are single family or multi-family dwellings." "Settler's Village sq. footaoe was before this transition; or before this minimum sq. footage Ordinance was adopted." - - ~i~i~ :., :d - ` ~~ ~~i% p+- .,G DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on this day of , 1979, County of Ada, State of Idaho, wh h is more particu- larly described as: ' NOW, THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject .to the covenants, conditions and restrictions herein contained that are for the purpose of protecting the values and desirability of, and which shall run with, the real property and'be binding on all parties have any right, title or interest in the described,properties or any part thereof, their heirs, successors and assigns, and shall inure to'the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Owner'" shall mean the party or parties having any estate in any Lot which is part of the Properties, in fee or by contract of sale, excluding any person or entity who holds such interest merely as~security for the pay- ment or performance of any obligation, but including any . mortgagee, beneficiary under a deed of trust or other security holder im actual possession of any Lot, as a result of fore- (` closure or otherwise, and any person taking title through such security holder,'by~purchase at foreclosure sale or otherwise. Section 2. "Properties" shall mean and refer to that certain real property described above-and the recital paragraph. Section 3. "Lot" shall refer to any plot of land (tpgether with the improvements constructed thereon) shown upon the recorded Subdivision Map of the Properties. Section 4. '!Declarant" shall mean and refer to an , its successors and assigns. Section 5. "Mortgagee" shall mean and refer to the holders a mortgage~or deed of trust,_not subordinate to any other mortgage or deed of trust,-encumbering all or any singular Lot within the Properties. ARTICLE II APPLICABILITY This Declaration and the covenants, conditions and restric- tions contained. herein shall apply only to the above-described Properties and are expressly excluded from application to the( lands of Declarant, which parcels and lands are intended for future commercial, industrial, warehouse, or office uses to be determined by Declarant, it successors or assigns, which other uses are designated on the Master Development Plan for Meridian Business and Industrial~~Park and each Owner does, for himself, his purchasers and tenants, acknowledge that he knows of said Master Development Plan and of uses intended by Declarant and approves the same. 31 ARTICLE III USE AND REGULATION OF USES C Section I. Use. (a) Each Lot within the Properties shall be used for commercial, office, warehouse br industrial purposes only; on an ownership, rental or lease basis; and for the common, social, or other reasonable use as nor- mally incident to these uses. Provided, however, the Lots and Buildings owned by Declarant or its nominees may be used as sales offices and construction offices for:~the purpose of selling Lots and Buildings in the Properties until all of the Lots are sold. There is hereby reserved to Declarant, and its sales agents, designated representatives, purchasers and lessees of hots, together with the right of Declarant to grant • and transfer'the same, easements for construction, display and exhibit purposes in connection with the sale and lease~of Lots- and Buildings within the Properties, provided, however, that such use shall not be for a period beyond the earlier of (i) eight (8) years from the conveyance of the first lot by. Declarant or (ii) the sale ~by. Declarant- .of all Lots• within the last phase of the Properties to be developed. For the .purpose of this Section, the last phase shall be deemed to be the last group of Tots to•be developed within the Properties, there being no remaining undeveloped Lots ' included in the Properties. (b) No trailer, tent, shack,•garage or other vehicle, accessory building or outbuilding shall be used as a temporary or permanent structure. Also, no use shall be permitted on any Lotthat creates a nuisance to neighboring Owners, or is in violation of any laws of the United States, State of Idaho, or Meridian City. All buildings are limited to uses which are, or may be, ~~ in the opinion of the Architectural Control Committee (provided for in Article IV of this Declaration}, detrimental to the health, safety or welfare of persons or which may be harmful to property or vegetation. (c) No temporary building~or structure shall be installed or maintained on any. Lot without the specific prior written appro"val of the Architectural Control Committee. All applications for approval of:any temporary building or structure will include provisions for its being dismantled and removed from the Lot in question within a specified time. (d) No animals, livestock or poultry of any kind shall be raised, bred, or kept .on any Lot. Section 2. Setbacks. No building oX structure shall be located on any lot nearer to a lot line than the minimum building setback lines of 40 feet from public street right of way, 15 feet from other buildings and 5 feet from property lines. No parking area or loading or unloading facility shall be 20 feet from a public right of way. The building setbacks from all other property lines shall be as shown on the Site Plan approved by the Architectural Control Committee. 32 On corner lots a vision triangle of 30' shall be main- tained and within said vision triangle any object that exceeds 2 feet in height above the street curb shall be prohibited. For the purpose of this Section 2, eaves, steps and load docks shall not be considered as a part of a building or structure; provided, however, that this shall not be con- strued to permit any portion of the building or structure ( on a Lot to encroach upon another Lot. Section 3. Easements. There is~hereby reserved for the use and benefit of the Declarant and granted for the use and benefit of each Lot, and for the use and benefit of each Owner, and their suc- cessors and assigns, for the purposes incidental to the use, development and maintenance of the Properties, the following easements: • (a) For the purpose and use of the installation and' maintenance of public utility facilities of all kinds, including radio and television transmission .cables, the easements so designated on the • recorded Subdivision Plat of the Properties. (b) The .easement areas shall be maintained by •the Owner of the Lot(s) upon which they .are situated. No building or structure shall be placed or permitted to•remain on such easement areas within any Lot, •and no~other activities shall be undertaken within any Lot which may interfere with the access intended to be provided by said easement or the installation or maintenance of the utilities located therein. C Section 4. Oil and Mineral Rights. There is hereby reserved to Declarant, together with the right to grant and transfer the same, all oil, oil rights, minerals, mineral rights, natural gas rights, and other hy- drocarbons by whatsoever name known and the rights in con- nection therewith, goethermal steam, and all products de- rived from any of the foregoing, that may be within or under the Properties together with the perpetual right of drilling, mining, exploring and operating therefor and scoring in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than the covered Properties oil or gas wells, tunnels and shafts into, through or•across the subsurface of the Properties and to bottom such_whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen .and operate any such wells or mines without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the Properties. Section 5. Streets. Identification symbols in the roadway and special applied designs are permitted but shall not be maintained by Ada County Highway District or the Declarant and such maintenance shall be the responsibility of the Owners if repair or re- placement is desired. 33 Section 6. Utilities. (a) All permanent utility lines and facilities shall be located underground. No pipe, conduit, wire, cable or line for water, gas electricity, tele- phone, sewerage or drainage or any other utility or service shall be installed or maintained upon any Lot (outside of any building or structure) C above the surface of the ground. Notwithstanding the foregoing, if at the time of the occupancy of any approved building or structure, connections to _ a nearby underground electricity line or telephone line are not available, temporary poles or wires for electricity or telephone service, as the case ~• ' may be, may be installed above the ground to a . reasonable necessary height, provided, that the same shall be promptly removed at the expense of the Owner after the connections to underground lines or cables are available. (b) No cesspool, septic tank or sewerage disposal plant shall be erected or maintained on the Properties. (c) There is hereby reserved to Declarant, together with the right to grant and transfer the same, the right to emplace on, under or across the Properties trans- . mission lines and other facilities for a cable and/ or community antenna television system(s) and there- after to own and convey such lines and facilities and the right to enter upon the Properties to ser- vice, maintain, repair, reconstruct and replace ~• said lines and facilities; provided, however, that the exercise of such rights shall not unreasonably ~. interf8•re with any Owner's reasonable use and enjoyment of his Lot and, further, that the said exercise of such rights shall be in accordance with the provisions of this Declaration. Section 7. Vehicle Parkin and Pavin . No on-street parking shall be permitted. The Grantee, its successors and assigns shall provide off-street parking facilities in accordance with the requirements of the Architectural Control Committee. All loading.'and unlooding of trucks, railroad cars and other vehicles. shall be made .on the above described premises with no on-street loading or unloading permitted. No such vehicle shall be parked, other than temporarily, on any street within the properties. Temporary parking shall mean the parking of such equipment and vehicles belonging to Owners or their guests, delivery .trucks, service vehicles and other commercial 'vehicles being used in the furnishing of services to the Owners. ~A11 truck loading aprons and other loading areas including parking lots shall be paved with concrete or hot asphalt paving. Section 8. Grading-. A site plan indicating the proposed grading and drainage of a Lot must be approved by the Architectural Control Committee before any construction is initiated. Lot grading 34 shall be kept to a minimum and building and structures are to be located for preservation of the natural grade, and any grades, berms, and swales should be an integral part of the grading design. Water may drain or flow into adjacent streets but shall not be allowed to drain or flow upon, across, or under adjoining Lots, unless an express written easement for such purpose exists. Barms, grades and drainage swales shall not be modified unless prior approval is granted by the Architectural Control Committee. Section 9. Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans therefor have been approved by the Architectural Control Committee. All fences and walls shall. be subject to the following restrictions: (a) All other fencing and walls shall not exceed six (6) feet in height and shall be approved by the Architectural Control Committee as to location, design, materials and color prior to construction and installation. (b) No fencing or walls shall be permitted within the sideyard setbacks of those Lots abutting the Loop Road and Franklin Road in the sideyards next to those public rights-of-way. (c) All fencing and walls shall be constructed, in- stalled and maintained at the Lot Owners expense and all damaged fencing and walls shall be re- paired or replaced to original design and color within a reasonable time after said damage occurs. Section 10. Landsca~ing• The following provisions shall govern the landscaping of Lots and the maintenance thereof:, (a) Without the prior approval of the Architectural Control Committee to the contrary, only the tree species, outlined in the design standards shall be placed in the front and sideyard setback areas of Lots abutting the Loop Road and Franklin Road. (b) All landscaped -areas of a Lot visible to public. view shall be maintained. in a reasonable condition and free from offensive weeds and debris. All dead trees and planting shall be removed and replaced within a reasonable period of time. (c) All portions~of a Lot which are unimproved with Structure shall be landscaped by the Owner thereof within six (6) months after the date of the con- veyance of such Lot by the Declarant. Thereafter, such landscaping shall be maintained by the Owner in a clean, attractive and safe condition. (d) All areas of the site not covered by buildings shall be 1000 landscaped or paved. Exceptions may be made for railroad spur tracks. Areas held for expansion shall be kept in a weed free condition and land- scaped. 35 Section 11. Antennas. Antennas, except for standard residential roof-top television antennas, shall be erected only with the prior written approval thereof by the Architectural Control Committee. ~ Section 12. Overhead Doors. Overhead doors shall be closed except when opened for a temporary purpose. Section 13. Exterior Lighting. Exterior lighting and interior lights reflecting outside shall not be placed to cause glare or excessive light spil- lage on neighboring Lots. Except for exterior lighting, operations producing heat or a glare shall be conducted entirely within the proposed building. Security lighting fixtures are not to project above the facia ,or roofline of the building and are to be shielded from direct street view. Section 14. Exterior Materials and Colors. A building color and material specification list shall be approved by the Architectural Control Committee for each building within the Properties prior to construction, re- modeling,. painting, repainting or refinishing. Exterior building materials and colors'shall be selected which are com- patible~with other buildings and structures on the Lot and neighboring lots within the Properties will present a unified and coordinated appearance. Section 15. S'igns• ' No commercial billboard or advertising shall be dis- played to the public view on or from any Lot, unless approved by the Architectural Control Committee. Owners may adver- tise a Lot or Building for rent or for sale by displaying a single neat, reasonably sized vacancy sign or "for sale" sign on the Lot. Signs advertising the name of the builder and the name of'the institution providing the financing there- for may be displayed on a Lot during construction of the improvements. Lighted, moving or flashing signs for any purpose are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special in- structions. All directional and identification signs shall be in accordance with the dimensions, color, lettering, style and layout of signs specified in Appendix 1. An identification sign(s) for the Properties at or near the entrance thereto shall be permitted provided the same is approved by the Architectural Control Committee prior to installation. Also, no signs shall extend above the roof or parapet wall. Section 16. Maintenance. Each Owner or occupant of a Lot shall maintain all buildings, landscaping, fences, drives or other structures located thereon in good and sufficient repair and shall keep such Lot and the improvements thereon painted, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut, and otherwise maintain the same in an aesthetically pleasing condition. Maintenance of the ex- terior of structure, fences, walls, roofs, and other im- provements shall be in accordance with standards adopted by the Architectural Control Committee. All damage to such building and improvements shall be repaired as promptly as is reasonably possible. 36 Buildings which are .vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance by vandals. Said vacant built?ings and Lots shall not b e exempt from the provisions of this Declaration. All structures, buildings, facilities,,equipment, ob- jects end conditions deter:~,ined by the Architectural Control Committee, in its sole discretion, shall, be enclosed within an'approved structure or appropriately screened from public view. All trash, .debris, garbage and refuse shall be kept at all times in a covered container and all such containers shall be kept within an enclosed strucure or screened from public view. Service areas, storage piles, compost piles, and facilities shall be screened from public view. No articles, goods, materials, machinery, equipment, plants, animals or similar items shall be stored, kept or maintained within the area between the property line and the required building setback area along a public right-of-way, or otherwise kept in the open or exposed to public view. No outside storage or operations of any kind shall be permitted on any Lot, unless such activity is visually screened from public view and the. same shall not. extend above the top o~ such screening. Any articles, goods or materials to be stored other than in an enclosed, covered building-shall be completely enclosed either with a screen or landscaped planting, or both, as determined by the Archi- tectural Control Committee. Any event or condition which, in.the sole discretion of the Architectural Control Committee, creates an unsightly or blighted influence, shall be corrected, removed or obscured C from public view as the case may be, notwithstanding the fact that~said~event or condition may not be specifically described and/or prohibited in-;ahis-..declaration. Section 17. Nuisances. No activity shall be conducted or permitted on any pro-~ perty which produces noise, vibration, grease, heat, smoke, or particular matter therein, toxic or noxious, odorous matter, radiation or radio emission or other condition in a level, quantity,~~or degree constituting a public or private nuisance or hazard beyond lot--or property lines. No trade, business or activitiy shall be conducted on the said real property which produces an unreasonable noise and Grantee agrees to comply to all governmental standards applicable to noise. No; trade, business or activity shall be conducted on said real property which produces offensive odors, dust, fumes, smoke, or other pollutants, readily detectible at any point on the property line, and Grantee agrees to comply with all governmental standards applicable to air quality. No garbage or refuse shall be permitted to be dumped on the grounds and must be placed in garbage containers. C No vibration other than that caused by highway vehicles or trains will be permitted which is discernible without instruments at the property lines. 37 Section 18. All roof-mounted equipment and ventilators projecting more than two feet above the roof or roof parapet are to be screened with an enclosure which is designed and painted consistently with the building. Section 19. Exterior Design. All buildings must be constructed of reinforced con- crete or masonry walls or other materials approved by the Architectural Control Committee. Pumice block shall be painted or stained. Pre-cast or tilt-up shall be exposed aggregate, painted or stained. No part of the roof shall project above the parapet except where such slope is a convincing aspect of the building design. All exterior wall elevations of buildings facing street or visable from public streets are to have approved architectural treatment. Section 20. Roof-Mounted Equipment. Delegation of Use. Any Owner may delegate or assign his rights in a Lot and in any rights under this Declaration whether by easement or otherwise to. members of his family, his tenants, or his contract purchasers; provided, however, that such delegation or assignment shall not relieve the Owner from any obligations hereunder and such persons to whom rights are delegated or assigned shall be, in all respects, subject to the prohibition, limitations and obligations contained in this Declaration. ARTICLE IV C C. ARCHITECTURAL CONTROL COMMITTEE (a) The Architectural Control Committee shall be composed of the following persons: Until changed by a majority of the Committee, •~ ~ is designated as its representative to act far it.• In the event of death or resignation of any member of the Committee, the rema~.ning members shall have the full authority to designate a successor. The members of the Committee shall not be entitled to any compensation for services performed in connection with their responsibilities hereunder. At any time, the then record Owners of two-thirds (2/3) of the Lots shall have the power through a duly recorded written instrument to change the membership of the Committee. ;< JAN 13 1981 ~; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on this day of , 1979, County of Ada, State of Idaho, wh ch is more particu- larly described as: NOW, THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject ,to the covenants, conditions and •restrictions herein contained that are for the purpose of protecting the values and desirability of, and which shall run with, the real property and•be binding on all parties have any right, title or interest in the described.properties or any part thereof, their heirs, successors and assigns, and shall inure to~the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Owner" shall mean the. party or parties having any estate in~any Lot which is part of the Properties, in fee or by contract of sale, excluding any person or entity who holds such interest merely as•security for the pay- ment or performance of any obligation, but including any mortgagee, beneficiary under a deed of trust or other security holder in~ actual possession of any Lot, as a result of fore- closure or otherwise, and any persom taking title through such security holder,~by'purchase at foreclosure sale or otherwise. Section 2. "Properties" shall mean and refer to that certain real property described above and the recital paragraph. Section 3. "Lot" shall refer with the improvements constructed Subdivision Map of the Properties. to any plot of land (tpgether thereon) shown upon the recorded Section 4. !'Declarant" shall an , mean and refer to its successors and assigns. Section 5. "Mortgagee" shall mean and refer to the holderr o~~'a mortgage• or deed of trust, .not .subordinate to any other mortgage or deed of trust, encumbering all or any singular Lot within the Properties. ARTICLE II APPLICABILITY This Declaration and the covenants, conditions and restric- tions contained herein shall apply.only to the above-described Properties and are expressly excluded from application to ther lands of Declarant, which parcels and lands are intended for future commercial, industrial, warehouse, or office uses to be determined by Declarant, it successors or assigns, which other uses are designated on the Master Development Plan for Meridian Business and Industrial•Park and each Owner does, for himself, his purchasers and tenants, acknowledge that he knows of said Master Development Plan and of uses intended by Declarant and approves the same. 31 ARTICLE III USE AND REGULATION OF USES C Section I. Use. (a) Each Lot within the Properties shall be used for commercial, office, warehouse br industrial purposes only, on an ownership, rental or lease basis; and for the common, social, or other reasonable use as nor- mally incident to these uses. Provided, however, the Lots and Buildings owned by Declarant or its nominees may be used as sales offices and construction offices for~the purpose of selling Lots and Buildings in the Properties. until all of the Lots are sold. There is hereby reserved to Declarant, and its sales agents, designated representatives, purchasers and lessees of lots, together with the right of Declarant to grant and transfer'the same, easements for construction, display and exhibit purposes in connection with the sale and lease~of Lots and Buildings within the Properties, provided, however, that such use shall not be for a period beyond the earlier of (i) eight (8) years from the conveyance of the first lot by. Declarant or {ii) the sale ~by. Declarant .of a-11 Lots• within the last phase of the Properties to be developed. For the purpose of this Section, the last phase shall be deemed ~to be the~last group of hots to•be developed within the Properties, there being no remaining undeveloped Lots ' included in the Properties. (b) No trailer, tent, shack, garage or other vehicle, accessory building or outbuilding shall be used as a temporary or permanent structure. Also, no use shall be permitted on any Lot that creates a nuisance to neighboring Owners, or is in violation of any laws of the United States., State of Idaho, or Meridian City. All buildings are limited to uses which are, or may be, in the opinion of the Architectural Control Committee (provided for in Article IV of this Declaration), detrimental to the health, safety or welfare of persons or which may be harmful to property or vegetation. (c) No temporary building~or structure shall be installed or maintained on any. Lot without the specific prior written approval of the Architectural Control Committee. All applications for approval of any temporary building or structure will include provisions for its being dismantled and removed from the Lot in question within a specified time. (d) No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot. Section 2. Setbacks. No building ox structure shall be located nearer to a lot line than the minimum building of 40 feet from public street right of way, 15 other buildings and 5 feet from property lines. area or loading or unloading facility shall be a public right of way. on any lot setback lines feet from No parking 20 feet from The building setbacks from all other property lines shall be as shown on the Site Plan approved by the Architectural Control Committee. 32 ,~ 6 • On corner lots a vision triangle of 30' shall be main- tained and within said vision triangle any object that exceeds 2 feet in height above the street curb shall be prohibited. For the purpose of this Section 2, eaves, steps and load docks shall not be considered as a part of a building or structure, provided, however, that this shall not be con- - strued to permit any portion of the building or structure . on a Lot to encroach upon another Lot. Section 3. Easements. There is~hereby reserved for the use and benefit of the Declarant and granted for the use and benefit of each Lot, and for the use and benefit of each Owner, and their suc- cessors and assigns, for the purposes .incidental to the use, development and maintenance of the Properties, the following easements; (a) For the purpose and use of the installation and maintenance of public utility facilities of all kinds, including radio and television transmission .cables, the easements so designated on the recorded Subdivision Plat of the Properties ,'. (b) The easement areas shall be maintained by 'the Owner of the Lot(s) upon which they ,are s~;tuated. No building or structure-shall be placed or permitted to remain on such easement areas within any Lot, and no other activities shall be undertaken within any Lot which may interfere with the access intended to be provided by said easement or the installation or maintenance of the utilities located therein. C Section 4. Oil and Mineral Rights. There is hereby reserved to Declarant, together with the right to grant and transfer the same, all oil, oil rights, minerals, mineral rights, natural gas rights, and other hy- drocarbons by whatsoever name known and the rights in con- nection therewith, goethermal steam, and ali products de- rived from any of the foregoing, that may be within or under the Properties together with the perpetual right of drilling, mining, exploring and operating therefor and scoring in and removing the same from said land or any other land, including the right to whipstock or directionally.drill and mine from lands other than the covered Properties oil or gas wells, tunnels and shafts into, through or~across the subsurface of the Properties and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the Properties. Section 5. Streets. C Identification symbols in the roadway and special applied designs are permitted but shall not be maintained by Ada County Highway District or the Declarant and such maintenance shall be the responsibility of the Owners if repair or re- placement is desired. 33 Section 6. Utilities. (a) All permanent utility lines and facilities shall be located underground. No pipe, conduit, wire, cable or line for water, gas electricity, tele- phone, sewerage or drainage or any other utility or service shall be installed or maintained upon any Lot (outside of any building or structure) above the surface of the ground. Notwithstanding the foregoing, if at the time of the occupancy of • any approved building or structure, connections to a nearby underground electricity line or telephone • line are not available, temporary poles or wires for electricity or telephone service, as the case •• 'may be, may be installed above the ground to a .reasonable necessary height, provided, that the same shall be promptly removed at the expense of the Owner after the connections to underground lines or cables are available. (b) No cesspool, septic tank or sewerage disposal plant shall be erected or maintained on the Properties. (c) There is hereby reserved to Declarant, together with the right to grant and transfer the same, the right .to emplace on, under or across the Properties trans- mission lines and other facilities for a cable and/ or community antenna television system(s) and there- . after to own and convey such lines and facilities . and the right to enter .upon the Properties to ser- . vice, maintain, repair, reconstruct and replace ~• said lines and facilities; provided, however, that the exercise of such rights shall not unreasonably ~~ interfere with any Owner's reasonable use and enjoyment of his Lot and, further, that the said exercise of such rights shall be in accordance with the provisions of this Declaration. Section 7. Vehicle Parking and Pavin No on-street parking shall be permitted. The Grantee, its successors and assigns shall provide off-street parking facilities in accordance with the requirements of the Architectural Control Committee. All loading.~and unlaoding of trucks, railroad cars and other vehicles. shall be made .on the above described premises with no on-street loading or unloading permitted. No such vehicle shall be parked, other than temporarily, on any street within the properties. Temporary parking shall mean the parking of such equipment and vehicles belonging to Owners or their guests, delivery trucks, service vehicles and other commercial•vehicles being used in the furnishing of services to the Owners. 'All truck loading aprons and other loading areas including parking lots shall be paved with concrete or hot asphalt paving. Section 8. Grading. A site plan indicating the proposed grading and drainage of a Lot must be approved by the Architectural Control Committee before any construction is initiated. Lot grading 34 shall be kept to a minimum .and building and structures are to be located for preservation of the natural grade, and any grades, berms, and swales should be an integral part of the grading design. Water may drain or flow into adjacent streets but shall not be allowed to drain or flow upon, across, or under adjoining Lots, unless an express written easement for .such purpose exists. Serms, grades and drainage swales shall not be modified unless prior approval is granted by the Architectural Control Committee. Section 9. Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans therefor have been approved by the Architectural Control Committee. All fences. and walls shall.be subject to the following restrictions: (a) All other fencing and walls shall not exceed six (6) feet in height and shall be approved by the Architectural Control Committee as to location, design, materials and color prior to Construction . and installation. (b) No fencing or walls shall be permitted within the sideyard setbacks of those Lots abutting the Loop Road and Franklin Road in the sideyards next to those public rights-of-way. (c) All fencing and walls shall. be constructed, in- stalled and maintained at the Lot Owners expense C and all damaged fencing and walls shall be re- paired or replaced to original design and color within a reasonable time after said damage occurs. Section 10. Landscaping' The following provisions shall govern the landscaping of Lots and the maintenance thereof: (a) Without the prior approval of the Architectural Control Committee to the contrary, only the tree species, outlined in the design standards shall be placed in the front and sideyard setback areas of Lots abutting the Loop Road and Franklin Road. (b) All landscaped areas of a Lot visible to public view shall be maintained in a reasonable condition and free from offensive weeds and debris. All dead trees and planting shall be removed and replaced within a reasonable period of time. (c) All portions of a Lot which are unimproved with Structure shall be landscaped by the Owner thereof within six (6) months after the date of the con- veyance of such Lot by the Declarant. Thereafter, such landscaping shall be maintained by the Owner in a clean, attractive and safe condition. (d) All areas of the site not covered by buildings shall be 1000 landscaped or paved. Exceptions may be made for railroad spur tracks. Areas held for expansion shall be kept in a weed free condition and land- scaped. 35 Section 11. Antennas. Antennas, except for standard residential roof-top television antennas, shall be erected only with the prior written approval thereof by the Architectural Control Committee . ~ Section 12. Overhead Doors. Overhead doors shall be closed except when opened for a temporary purpose. Section 13. Exterior Lighting Exterior lighting and interior lights reflecting outside shall not be placed to cause glare or excessive light spil- lage on neighboring Lots.. Except for exterior lighting, operations producing heat or a glare shall be .conducted entirely within the proposed building. Security lighting fixtures are not to project above the facia ,or roof line of the building and are to be shielded from direct street view. Section 14. Exterior Materials and Colors. A building color and material specification list shall be approved by the Architectural Control Committee for each building within the Properties prior to construction, re- modeling,. painting, repainting or refinishing. Exterior building materials and colors shall be selected which are com- patible with other buildings and structures on.the Lot and neighboring lots within the Properties will. present a unified and coordinated appearance.' Section 15. Si ns. No commercial billboard or advertising shall be dis- _ played to the public view on or from any Lot, unless approved by the Architectural Control Committee. Owners may adver- tise a Lot or Building for rent or for sale by displaying a single neat, reasonably sized vacancy sign or "for sale" sign on the Lot. Signs advertising the name of the builder and the name of~the institution providing the financing there- for may be displayed on a Lot during construction of the improvements. Lighted, moving or flashing signs for any purpose are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special in- structions. All directional and identification signs shall be in accordance with the dimensions, color, lettering, style and layout of signs specified in Appendix 1. An identification sign(s) for the Properties at or near the entrance thereto shall be permitted provided the same is approved by the Architectural Control Committee prior to installation. Also, no signs shall extend above the roof or parapet wall. Section 16. Maintenance. Each Owner or occupant of a Lot shall maintain all buildings, landscaping, fences, drives or other structures located thereon in good and sufficient repair and shall keep such Lot and the improvements thereon painted, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut, and otherwise maintain the same in an aesthetically pleasing condition. Maintenance of the ex- terior of structure, fences, walls, roofs, and other im- provements shall be in accordance with standards adopted by the Architectural Control Committee. All damage to such building and improvements shall be repaired as promptly as is reasonably possible. 3B Buildings which are vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance by vandals. Said vacant buildings and Lots shall not b e exempt from the provisions of this Declaration. All structures, buildings, facilities,.equipment, ob- jects and conditions determined by the Architectural Control Committee, in its sole discretion, shall be enclosed within an~approved structure or appropriately screened from public view. All trash, ,.debris, garbage and refuse shall be kept at all times in a covered container and all such containers shall be kept within an enclosed strucure or screened from public view. Service areas, storage piles, compost piles, and facilities shall be screened from public view. No articles, goods, materials, machinery, equipment, plants, animals or similar items shall be stored, kept or maintained within the area between the property line and the required building setback area along a public right-of-way, or otherwise kept in the open or exposed to public view. No outside storage or operations of any kind shall be permitted on any Lot, unless such activity is visually screened from public view and the same shall not extend above the top o~ such screening. Any articles, goods or materials to be stored other than in an enclosed, covered building shall be completely enclosed either with a screen or landscaped planting, or both, as determined by the Archi- tectural Control Committee. Any event or condition which, in.the Sole discretion of the Architectural Control Committee, creates an unsightly or blighted influence, shall be corrected, removed or obscured from public view as the case may be, notwithstanding the fact that said event or condition may not be specifically described and/or prohibited in',:this-..Declaration. Section 17. Nuisances. C. No activity shall be conducted o~ permitted on any pro, perty which produces noise, vibration, grease, heat, smoke, or particular matter therein, toxic or noxious, odorous matter, radiation or radio-emission or other condition in a level, quantity, or degree constituting a public or private nuisance or hazard beyond lot or property lines. No trade, business or activitiy shall be conducted on the. said real property which produces an unreasonable noise and Grantee agrees to comply to all governmental standards applicable to noise. No trade, business or activity shall be conducted on said real property which produces offensive odors, dust, fumes, smoke, or other pollutants, readily detectible at any point on the property line, and Grantee agrees to comply with all governmental standards applicable to air quality. No garbage or refuse shall be permitted to be dumped on the grounds and must be placed in garbage containers. No vibration other than that or trains will be permitted which instruments at the property lines. caused by highway vehicles is discernible without 37 Section 18. Roof-Mounted Equipment. All roof-mounted equipment and ventilators projecting more than two feet above the roof or roof parapet are to be screened with an enclosure which is designed and painted consistently with the building. Section 19. Exterior Design. All buildings mutt be constructed of reinforced con- crete or masonry walls or other materials approved by the Architectural Control Committee. ~~Pumice block shall be painted or stained. Pre-cast or tilt-up shall be exposed aggregate, painted or stained. No part of the roof shall project above the parapet except where such slope is a convincing aspect of the building design. All exterior wall elevations of buildings facing street or visable from public streets are to have approved architectural treatment. Section 20. Delegation of Use. Any Owner may delegate or assign his rights in a Lot and in any rights under this Declaration whether by easement or otherwise to. members of his family, his tenants, or his contract purchasers; provided, however, that such delegation or assicjriment shall not relieve the Owner from any obligations hereunder and such persons to whom rights are delegated or assigned shall be, in all respects, subject to the prohibition, limitations and obligations contained in this Declaration. ARTICLE IV C C_ ARCHITECTURAL CONTROL COMMITTEE (a) The Architectural Control Committee shall be composed of the following persons: Until changed by a majority of the Committee, ~~ is designated as its representative to act for it.~ In the event of death or resignation of any member of the Committee, the remaining members shall have. .the full authority to designate a successor. The members of the Committee shall not be entitled to any compensation for services performed in connection with their responsibilities hereunder. At any. time, the then record Owners of two-thirds (2/3) of the Lots shall have the power through a duly recorded written instrument to change the membership of the Committee. 38 (b) Prior to commencing any work or building requiring the approval of said Committee, there shall be submitted to the Committee one (1) complete set of plans and specifications for any and all proposed improvements and no"work or construc- tion shall commence until the final plans, elevations and specifications therefore have received written approval by the Committee. Such plans shall also include plot plans showing the location on the Lot of the building, fence, wall or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material ,,. color schemes or roofs and exteriors"thereof and proposed landscape planting. ..".The Committee shal'1 approve or disapprove plans, speci- fications;; or details within thirty (30) days from the receipt thereof, or shall notify the person submitting them that". an additional period of time, not to exceed thirty '(30) days:_is required for such approval or disapproval. Plans, specifications and details not approved or disapproved within the time limits provided herein, 'shall be deemed approved as submitted. The approval of plans by the Committee shall not relieve the Owner of the necessity of obtaining a building permit(s) from those governmental entities have jurisdiction and eomtrol over':~he'Froperties~and otherwise complying with all laws, statutes, ordinances and regulations effecting the same. Notwithstanding the;approval by the Committee, each owner'submitting such plans, specifications and details shall be solely responsible for the sufficiency thereof. Further, neither the Declarant nor the members of the Com- mittee shall be liable for any loss or damage or claim thereof C arising from .any defect or alleged defect in such plans, specifications and deta}ls or the construction or use thereof. ARTICLE V GENERAL PROVISIONS Section 1. Enforcement. The Declarant or any Owner shall have the right to enforce, by any proceedings at law or in equity, all covenants and restrictions herein contained or hereafter imposed by amendment to this Declaration. If suit be filed to enforce any of the covenants, conditions and restrictions contained in this Declaration, including any amendments hereafter adopted, the party succeeding in such suit shall be entitled to be awarded reasonable attorneys fees in addition to other costs and disbursements allowed by law. Section 2. Severability. Invalidation of any one of these covenants or restric- ti:ons by judgment or court order shall not affect any other provisions contained herein which shall remain in full force and effect. ' 39 .~ ., t •~ Section 3. Amendments. The covenants, conditons and restrictio?,~ contained in this Declaration shall run with and bind the land herein described and called the "Properties", for a term of twenty (20) years from the date of this Declaration is recorded, ~ after which time they shall ~automat~ically be extended for successive period of ten (10) years. This Declaration may be amended during the first twenty (20) years period by an instrument signed by not less than seventy five percent (75%) of the Lot Owners, and thereafter by an instrument signed by not less than sixty percent (60~) of the Lot Owners. Any amendment must be recorded in the office of the Ada County Recorder. Section 4. Annexation. Additional property may be annexed to the Properties, and thus subject to this Declaration with the approval thereof by twothird (2/3) of the Lot Owners. Section 5. Non-Waiver. The failure of the Declarant or any Lot Owner in any one or more instances to insist upon the strict performance of any of the covenants, conditions or restrictions of this Declaration, or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant.,•condi.tion or restriction, but such covenant, condition or restriction shall remain in full force and effect. Section 6. Acceptance. Each grantee of a conveyance or puzchaser under a con- tract or agreement of sale, by accepting a deed or a contract of sale or agreement of purchase, accepts the same subject to all of the covenants, conditions and restrictions set forth in this Declaration and agrees to be bound by the same. Section 7. Sewer Requirements. All Lots within the Propertie$ shall be subject to and be~restricted by the following; (a) No Lot within the Properties may be used or oc- cupied for any purpose unless said Lot is connected to the Public Sewer System, provided that said System is available for usage. (b) All sewer and treatment plant connection fees must be paid at the time of connection in ac- cordance with the ordinances and laws of Meridian City. (c) A monthly sewer charge must be paid to Meridian C City, or its designee, after connection to the Public Sewer System in accordance with the or- dinances and laws of Meridian City. ao M (d) Each Owner of a Lot. shall allow inspection by Meridian City Department whenever a Lot is to be . connected to the sewerage disposal system con- structed and installed on or within said Lot. IN WITNESS WHEREOF, the Declarant has caused this ~ Declaration to be executed the date and year first above written. BY By C a~ Y ~ A~ STATE OF IDAHO ) ~ ) ss. County of Ada } On this day of , 1979, before me, a Notary Public in and for said State, personally appeared and known to me to be Partners of an , the that executed the instrument and the persons who executed said instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certi- ficate first above written. Notary Public for Idaho ~~ Residing at Boise, Idaho . C n Meridian City Hall 7 July 6, 1981 Agenda 8 (Cont'd) is concerned about the right-of-ways, they can't work with him (Schenck) and are going to go all the way and take it to court. I want to know if the Council want's me to "r'ed tag" the project or hold up an"occupancy" - or whether our Attorney would advise us to drop it and let the Ada County Highway and Schenck settle as they should." Gary Smith, Engineer: "I don't know if the Council is aware of what has transpired or brought all of this to a head. I have also been in contact with Reynold Schenck and ACRD about two weeks ago. Reynold Schenck was in City Ha11 while I was here one morning and we met and discussed this fora moment. Part of the problem between Schenck and ACHD is that they want a certain amount of right-of-way dedicated to them from his property, and he is not willing to dedicate that amount for no fee. He want's to reimbursed for it. At the time the project was approved by City Council he indicated that he was losing approximately 151 of his land in dedication to ACHD and was excessive for the reimbursement that they were willing to give - which was nothing. At the time of City Council approval that project was based on acceptance of ACHD's recommendations which included dedication of the right-of-way. Prior to that time Mr. Schenck has submitted a site plan to ACRD for approval and ACHD has reportedly sent that back to him, I have not seen it, with comments and he did not resubmit it. Then P1r. Schenck went to ACHD to get a permit to operate in the right-of-way which means he needed to make the connection from the parking area to the pavement from both Meridian Street and Franklin Road. ACRD withheld that permit based on Iris noncompliance in the past, on site drainage plan, dedication of right-of-way, etc. At the time I met with Pair. Schenck I read a copy of the minutes that stated that your approval was based on ACHD's recommendations. Further dis- cussion with ACRD indicates that the City can accept them, the City can reject them, modify them as they are recommendations only. I have not talked to P•'r. Schenck since that meeting and I have not talked to ACHD. I believe that on Meridian Street the setback variance is 10 feet from the existing right-of-way line of 30 feet from the center line and I believe ACRD want's another 5 feet. In the future it may be necessary to widen Meridian Street, install a left-turn lane or they may install a signal light. If a dedication is not carried forward at. this time then its difficult to settle in the future as far as getting that dedication is concerned. So N1r. Schenck feels that ACHD owes him something for the property and at this point of time they (ACHD) are not relenting as far as granting his right to work in the easement, therefor he cannot make a paved connection. I can't speak to the legal end of the situation." There was much discussion concerning the right-of-way width along Franklin. Schoen stated that the request was for 5 feet along P~eridian Street and 7 feet along Franklin. (Tape on file) It was the feeling of the Council to stand on the Motion made granting the variance with the stipulation that Schenck comply with ACHD's requirements. The P~lotion was made by Kingsford and seconded by Brewer that the Reynold Schenck Business Complex. building under constr:.;ction be "Red Tagged" by the City Building Inspector. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea Agenda Engineering Report: 9 Engineer Gary Smith recommended approval of a bill from Mater & tJaste Water Equipment Company for Project Items in the amount of $446.11. Smith stated that the items were reimbursab1~e. Invoice dated 1.9.81. The Motion was made by Kingsford and seconded by Williams that the bill from Water & Waste Water Equipment Company in the amount of $446.11 for project items Waste Water Plant be paid, and that the funds for payment be transferred to the Construction Account. Motion Carried: 4illiams, yea; Kingsford, yea; Brewer, yea; Orton, yea Gary Smith reported that he had received a telephone call from Dennis Burton concern- ing Reridian Business Industrial Park. Smith displayed a map and explained the request to phase develop the Park. They will start on the blest boundary on Franklin and go up to what would be East Fifth Street, up to King Street and then East for 760 feet and then south to Franklin, back to the point of beginning. Burton has _. C s Meridian Cif Hall $ July 6, 1981 lgenda 9 (Coot') talked to ACHD and they had no objection or problem with doing that. Our original approval of this was to bring a 10 inch line up, through and continue it on up. So, we would make provisions for that to be continued of course. The intent on this is economic I would suspect." There was review discussion concerning heridian Business Industrical Park. (Tape on file). Fire Chief Welker cautioned location of fire hydrants. Smith stated there appeared to be 3 hydrants on King and 2 hydrants on E. 5th There was no objection voiced from the Council concerning the proposed phase of development in Meridian Business and Industrial Park. The establishment of limiting four (4) children for child care in a "Neighborhood Child care"situation was discussed. It was the feeling of the Council that four children were a reasonable number. The Attorney was given the go ahead with civil action against Green Acres Properties, Inc, (Sr~~ith's Food King) because of their failure to install a backflow prevention device on its fire prevention sprinkling system. Attorney Crookston reported that the City is still going to arbitration wit6~ DVY Construction Co. There being no other business to come before the Council the i~ieeting was adjourned. Mayor Joseph L. Glaisyer ATTEST: City Cle P 1 Reridian Planning & Zonin .3. Februar 9, 1981 The Motion was made by Mitchell and seconded by Sharp that they recommend approval to the City Council of Parcel I and Parcel II, Locust Grove Park Annexation, "D" Industrial, providing sewer and water compliance, and compliance with all City ordinances at the time. h1otion Carried.: Sharp, yea; Mitchell, yea; Spencer, yea Hearing closed. ' 3 Meridian Business and Industrial Park - Preliminary and Final Plat Hearing Hinrichs: "Meridian Business and Industrial Park Hearing. now opened." Dennis Burton,CH2M Hill Engineer, and Jim White, IrJright Leasure Co., were present to represent Preliminary and Final Plat of Meridian Business and Industrial Park. Burton: "We are here to bring everyone up to date on what has happened with this particular piece of property." Maps were displayed. "This plan has been presented to the City and approved on a Preliminary basis and since that time we have done through some design and considerations. And also, the developer has acquired any additional seven (7) acres, which I will spell out the importance as we proceed on. This wi11 include an acreage that will bring the project on up to Bower Street and extend it all through where the farm used to be." The old sale yard location was pointed out. "4Jith the additional seven acres to the original 47 acres, this now provides access, which would be a dedicated right-of-way, to Bower for fire protection. That is significant in itself in meeting a condition there. We are again before you tonight to discuss this project and hopefully have your approval on the Preliminary Plat showing the additional seven acres being added to the original forty-seven and the Final approval." Elmer Nichols: "Which street goes through to Bower?" Burton: "This street here (indicating map) East Fifth. Now that this street can continue through the lot configurations are more in a manner that can be developed in a more pleasing manner. Also, it doesn`t leave a small chunk of land out on Bower Street." Elver Nichols: "Well, we've got to have a street on fourth (4th)-we've got to have that." Rueben Flores: "You've got 3rd Street and you're going to put in 5th Street, where's 4th street?" Burton: "The corner of 3rd Street is about 450 feet from our. property line and 5th Street lines up." .. Bob Nichols: "Are you saying our property is going to ,be backed with 5th Street? Burton: "No" Nichols: "What I'm saying is, you guys are leaving us 400 foot deep lots. °done of us have got land enough to put in another street, so you are just going to leave us hanging high, we've fought this for ten years." Burton: "You're saying you would rather have a street directly behind your property making it double frontage?" Nichols: "That's right" Burton: "4Je11 I~think that is something that Planning would:~.have to look at, or whatever." Sharp: "When it carne before us the last time, nothing was said." Hinrichs; "Does your property already front on East 3rd Street?" "You have those big acre lots and abut against the Industrial property?" t=!i chol s : "Yes" ritchell: "They couldn't split their lots or develop the back side without a street I can see what their point is" Robert i~Jichols: "I have a previous experience, I tried to get a loan on one parcel, that was that particular acre lot there, and could not get a loan on a residential loan such as it was zoned Commercial.:at that fence line." Sharp: "Flow would this development change your position if it were just left pasture land?" Elmer Nichols: "Still wouldn't be right." Sharp: "Mr. and h1rs. Bryce still couldn't leave that in pasture if they still owned it?" Robert Tlichols: "Well, my point is, I would have been able to buy the lot too. If it had nat have been. zoned commercial, I would have been granted the loan and I would have been living on one of those acre lots right now. Because it is Meridian Planning & Zoning __ .4. February 9, 1981 Commercial they will not loan you for a residential. That was the excuse that I was given." Mitchell: "If there was a street go through there - this side Commercial and this side residential,. you would have got your loan - is that what you are saying?" Nichols: "No, I can't say that." h9itchell: "In other words, if these people (Business Park) put in half the street and all of you people put in the other half, would that still not solve your problem?" Nichols: "I couldn't say" Mrs. fdichols: "This was what we have been trying to do for Ten years, or I don't know how long ago, trying to get a street through. We wanted to give the right-of-way for half a street and have the Bryce property, at time belonging to DEVCO, and they voted down to give the other half of the street." Mitchell: "Now the improvements have to come with the right-of-way - I mean the City can't build it, you or the developer has tp do it." Elmer P~lichols: "Our property was all zoned by heridian as residential, the County come out and zoned it as Commercial on the tax rolls." City Clerk: "That is an error. Your property is not Commercial" Elmer P~lichols: "Then we can fight it?" City Clerk: "That's right, it is not Comunercial. The County has made a mistake on your taxes - the County cannot zone you at all." Burton: "I would like to point out some of the considerations looked at on the development, that is the traffic going through now instead of a poop road, which is show on the original map. The traffic generated here for the light industrial and the business park would be separated to the rear, creating a buffer. The other consideration would be that if a road (4th Street) were put up here it would create a double frontage on these lots here (indicating the westerly boundary of park) and that may not be the most pleasable way to go. The only reason that this is. extended this way, rather than a paved access to a parkins lot, was because of the acquiring of the additional seven acres and the numbering system of East 5th Street has come down from the people that have control over street names." Mrs. Nichols: "You indicate a business park, what kind of business?" Burton: "The property will have both warehouses and light manufacturing, around the perimeter and offices planned in the center." White: "There is so much area designated as warehouses, light industrial and business park projects•through'the majority of the project - banks, restaurants, professional office buildings. The light industrial will be more over here (indi- cating to the P~orth and East) and will be more capatible with area." Flores: "How about the irrigation, you don't show the irrigation we use - there is a ditch that comes across that property." Burton: "This map does not show in h~kghiight what happens to the irrigation, but in fact, in reality, a17 irrigations users down the line for their protection we are required to retain and protect." Flores pointed qut exactly the ditch they draw water from and Burton stated that would remain intact the way it is unless when developed it is reconstructed to meet those demands but the developer has to retain and protect the system so that the downstream water users will receive the same degree of water. Resident: "Are you planning on building right up to the property line or is there going to be an easement?" Burton: "There is a minimum setback enforced by City ordinance" Mitchell: "Just a thought - how about the developer had a birm along that side and that just set there until all these people along E. 3rd and everybody got together on that street -this would have to go through the CityCouncil anyway. If you had a birm along there on the west side it wouldn't effect the homeowners property. It wont solve their street problem but they are all goina to have to get together and pay for half of it, or maybe more than half of it." Nichols: "I hope not more than half of it-" Mitchell: "Well, it is of no advantage to these people (indicating developer's) Robert Nichols: "Well, what would you say to do with an acre lot like this?" Sharp: "This is a problem that we have had before and there is no real solution, the people that live off a 2 1./2 Street, Meridian and East First - they have the ridian Planning & Zoning ~. .5. February 9, 1981 same problem - no one wants to take care of that ground, there is nothing they can do with it unless they get everybody to agree to put in a street down through the back of the property." Hinrichs: "We have had a kinds of different ideas - put driveways back in, etc. Sharp: "And putting aprartments back in-zig zag back in - there is no way you can get emergency equipment back in there, if we ever had afire it would be a major catas.trophy." Resident: "Pardon me, but wasn't 4th Street on the old plot? Sharp: "I have no-idea, but if it wasn't dedicated it isn't there." Hinrichs: "This ground is zoned light industrial" Flores:: "I don't care what it is- " Hinrichs:- "We don't plan streets the way they do in residential for light industrial areas." Mitchell: "I know what your talking about - I've got an acre of grass and they won't let me have livestock - " Flores: ,.~~-~ "Now'sthe time to alleviate the problem" Hinrichs: "Yes, but I don't not feel it is fair to ask these gentlemen to put in your street." Flores "If we are going to have to put up part of our property, why not they put up part?" Mitchell; "Let's say we never have 4th Street -- Flores "I would say that's poor planning as far as I'm concerned" Sharp: "Are you willing to put up the money today?" Flores : "We71, would you be?" • Sharp: "I am just asking you - it's not my property." Flores.:; "No, you're asking me -~i'm asking-you the same thing." Sharp: "It is not property, I don't have anything to say about it - are you just asking them to put it in?" Flores: "~Je:~re not going to-pay for the whole thing for sake." Jim t~lhite: "There is a 25 foot easement along the west side for sewer, so there wouldn't be anything built for 25 feet along there." Kitchell: "That takes care of a good distance with the sewer easement along there" James bJeast: "I own property along Franklin and for a street to go up through there I would have to give frontage off of Franklin, which is expensive property. At the meeting years ago, the developer that bought Bryce property,this was brought up and he said at that time the only way this was feasible to put a street through there was for a person to buy enough ®f their property so they could develop a street. He said that putting a street through there and paving and ,all, would make the lots too high for residential - this is if the street was put through and you developed on both sides of the streets. I have said all along that the people that own that back there are either going to have sell to one developer or to go in there and put in a street and buy out everybody, I don't know how you can work it out." Flores: "Which brings up another question.. This map you have out there, can I bring that in? I want to point something out." Hinrichs: "Tha-t is not any kind of a leaal document." Flores: "Pdo, but it shows this legal area" S6~arp: "There is a map right there that shows it all--" Flores: "Well this is a bigger one, I am really concerned about it" Rlitchell: "With the Sewer easement along that side they probably wouldn't allow a birm" Flores brings pe*~t~ing zoning map and stand into the chamber. Flores: "What is this gray area here - in this corner? This is Bryce area here - this little corner here - - Hinrichs" "I would hate to have to answer to specific little lines on that map - that°s a map to show general areas, it's not -" Sharp: "You live down in that area, you are in a better position to tell us what's there than we are" "Let's bring something into perspective here - the first thing you have to remember that that map there has absolutely no significance to anything, except a map with some coloririg" Flores: "<Jell this was put out there to look at." Hinrichs: "This is a very preliminary zoning map which is going to try to reflect what our zoning regulations will be when they are in affect, they are still being worked out. That rnap is in no way anything." Flores: "O.K., this was what I wanted to ask - I walked in and there it was" I P~eridian Planning & Zoning .G. February 9, 1981 Hinrichs: "It's an attempt to get started on a zoning map, and it's very inacurate." Flores: "That was my question" Hinrichs: "Is there any further points to be brought up on the Industrial Park Preliminary and Final?" Burton again reviewed the proposal before the public and Commission. Hinrichs: "We had a question about the lots" Burton: "Under the conditions of the Preliminary approval, since the market is not visioned to know how large or how small a lot should be, it was clarified, suggested and recorded that as each area is identified for a major type of develop- ment, then that becomes amended to show that this becomes a lot. In other words, we show by metes and bounds description. That was discussed in the original minutes when the Preliminary Plat came through." P~iitchell: "Is that legal in Idaho?" Burton: "Yes, we can plat it as whatever consideration you want and then as long as you meet the minimum lot requirements for that particular zone, you can amend the plat." Hinrichs: "Any other questions to come before the Commission?" Resident: "In other words what your saying is that once you get zoned you can do anything you want with it?" Burton: "Plo, all I'm saying is it makes sense to, particularly in an light industrial warehouse and business park, unless you have the market that you have purchasers on hand ready to go with it, it doesn't. make sense to line up lots, create those lots, and sewer stub out each one of them when in fact only a portion would be used." Elmer PJichols: "Isn't there a state law where you cannot block anybody off from a street?" Hinrichs and Sharp: "You are not locked off - You are not landlocked - You are off of 3rd Street and if you have a street abutting your property, you are not landlocked" Hinrichs: "Ada County Highway District has approved the Preliminary Plat of the Subdivision, street and drainage plans have been submitted for ACRD approval. The Highway District requests the fol~.owing restriction be delineated on the final plat: Direct lot access to Franklin Rd. is prohibited unless otherwise approved by the ACRD Traffic Engineer." "That is the only restrictive so they have been approved by Ada County Highway District." Clmer leichols: "I'm not worried about Ada County." Hinrichs: "Ada County Highway District has control over all streets in Meridian." Pdichols: "Why don't they take. care of them then?" Weast: "On the West boundary, do you Burton: "Yes" Weast: "There was some houses there, Burton: "Yes" Weast: "As I understood it before, if it through the middle of one of those Burton: "As I recall there is" go straight through to Bower?" right?" 4th Street were to go through it would put houses." Mitchell: "It may be small consolation but the City's reserved design review on whatever they do here - as to the comment that they can do whatever they please, they can't do a~hatever they please - the City Cauncil has reserved design review. Hinrichs: "This particular project has been passed in that they comply with new ordinances, which deal a great deal with landscaping, placement of buildings and all kinds of things to make sure that it turns into an aestheticly decent project." Resident "What is your Comprehensive Plan for and what are those acre lots zoned today and what is your Comprehensive Plan for the future for those one acre lots?" Hinrichs: "That's probably a shady area right in there, it's right on the edge of industrial but we are retaining the residential. Right as of today, your property is zoned residential. The area where these people have their project is in a industrial area in the Comprehensive Plan." Resident: "What happens if we decide to go to build a house in front of a warehouse?" Hinrichs: "You would have to get different residential right now." in on the back side, and we don't want zoning because you are zoned Meridian Planning & Zonina .7. Februar,~9, 1981 Pointing out map and plan of Pleridian Business and Industrial Park Jim White: "This presents a pretty good buffer to your property as residential because properties most likely will fence this area along here and we have the 25 foot sewer line easement across there, which will force the buildings to place toward the front of the lot." "I was thinking on your problem of develop- ing those lots over there, if you want to retain them as residential, you could come in off of. 3rd-street and develop those lots from a culdesac." 3 Resident: "Sure that idea is nice, but what's their idea aoina to be in two nears." "Someone want's a committment somewhere - yes, we can do it, I know we have no plats but these people are looking for an out." Hinrichs: "What you need to know is that we are very close to having our zoning ordinance ready to go - again - we will do a zoning map, if you have an idea of what you want that land to be, come to us when we are getting that zoning map ready." Sharp: "And when you do that, it isn't any fun to set up here and be chewed on - when you request your zone think about those people that are across the street. If you decide you want industrial because we can get more money, what are those people across the street going to say when they come down here." There was discussion concerning everything from P]eridian St, to .3rd Street being zoned t~eigborhood Commercial. Hinrichs: "Old Town is a very special area, we have not really zoned at all - it will be developed as a whole, a variety of things and it will all be Conditional Use." The Motion was made by Spencer that they recommend approval of the hleridian Business and Industrial Park Preliminary and Final Plat, subject to approval of the streets and drainage, Design Review, review of variance of lot lines and comply to all City Codes and new ordinances.. • Motion dies for lack of a second. The Potion was made 6y Don Sharp to Table P9eridian Business and Industrial Park Preliminary and Final Plat. Motion dies for lack of second. City Clerk stated that the Public Hearing has been set before the Mayor and City Council on February 17, 1981. Sharp: "At this point of time I am not convinced that I have given it adequate time as far as these people are concerned and I need to think about it a little bit more." "~_ Mitchell: "I have a little problem with the lot lines but they have done everything we have asked them to do." "They still have to go through the .same step with the City." The h]otion was rude by Spencer that the~Commission recommend approval of the Meridian Business and Industrial Preliminary and Final Plat subject to approval of the streets and drain~.ge, Design Review, Review of variance of lot lines and comply to all City Codes and P]ew Ordinandes. Motion Carried: Mitchell, yea; Spencer, yea; Sharp, nay Before leaving the residents complained that they had not been informed until this Hearing. There was discussion concerning how they may keep informed. Flores: "I personally want to thank P]r. Sharp for his consideration anyway." Hinrichs informed those attending that there will be a Public Hearing before the City Council, 7:30 P.P9., February 17, th, next Tuesday. Agenda 4 Pat Quinn - Point of View - Benches Quinn: "I represent Point of View of Boise that supplies the benches. Just over a year ago there was a company in Boise that had the franchise for Boise benches and they were not performing There'~was bad maintenance and many other reasons that Point of View has been contracted since" Quinn read impressive recommendation letters that stated Point of View had done 5. February 19, 1981 dian Cit hall royal of the water system, the way we want to run it and also some down and get app negotiations..on the well - wnetheavehthelsewernlineoinaandtundereconstruction,aand proceeding and we would hope to h finished before the water for irrigation comes in." with Gary (Engineer) on that." Williams: "I would think you should stay Stokes: "What I would l~ke to do is~~make several proposals and then come back before Council with Gary s b1ess~ng. Williams: "Is there any other comment?" There was no response "Public Hearing closed regarding the Locust Grove Park Annexation." IrJilliams: "There was a motion made and passed by Planning and Zoning on February 9th 1981 to recommend approval of Parcel I and omrleance withoalltCGtyvordinancesal Park providing sewer and water compliance, and c p at the time. ' Kingsford that the Council approve The Ptotion was made by Orton and seconded by the Annexation and Zoning request of LocuotidinVecompliancelwithkallrCetyl and Parcel II, zoned "D" Light Industrr~al, pr 9 ordinances and emphasis on the water andd untel theewater andtseweprextensionsdare that there be no building permits issue made." Motion Carried: Brewer, yea; Kingsford, yea; Orton, yea; billiams, yea I!Agenda 4 Meridian Business and Industrial Park Preliminary and Final Plat Hearing Williams: "The Meridian Business and Indent?ial Park Hearing is now open. Is there ~ anyone in the public that wishes to comet Dennis Burton, CH2M Hill and dim Whiand FinaltPlatsure Company were present to request approval of the Preliminary Burton: "We are here again before the Council to outline and bring you up to date on what the happenings have been in the lthe PreliminarytFinalnPlat,questions that you might have, then seek your approval for Mr. White~~displayed an aerial ~lpntoadjacentntolFranklinllgoes up to the north to Burton: Proposal is on Fran , Bower Street and then borders the RIEpertyBurton pointedrout3surroundingoproperties, to the said project(Section ~,T3P1, ) Pumice Co., Cemetery, old sale yard property and 3rd Street. "Over a yeroved~ we were before the Council with 47 acneablertoracquirertheladditdionalesepen acres Since that time the Developer has bee that will allow the development to cobasicallyeclearedxoffdnow.alWetarewhereotonwight Street. The old sale yard has been to seek approval for this additional sev1imanars andbFina11P1at.ln `hat that1does4for acres - this is why we have it asartPof the requirement of the approval of Preliminary the development is two things: p Plat was to have access to Bower reetet fThefotheprrwould,be~thatethedwateralineven acres provides access to Bower St could be extended to Bower Street for future filtration of the City's water system. T.he total we are talking about now is 54 acres." White: "I might add that this park is hothgst0lanvweghavertriedctovmakevthents to maintain the quality of it and also wit p retty much going to enter Industrial Park self contained so all your truck traffic is p from Franklin and stay within the industrialanrassetttorPleradian~,aprovidingsbothtthe areas around it. We feel it is going to be warehousing and industrial aspects as well as the'new office part." Williams: "Are there any comments from the publ~cUestion is the advisability, as this Ellen ilichols: "I own property on-East 3rd. My q plat is drawn for the developer, they are going to 3rd street to 5th Street - I'm sure you gentlemen are aware bottling in an area there with no access to it. that there are numerous such areads li tuestion theP1advdisabilityeofhgoengraheadaandss to lands that cannot be develops q approving another plat. I think there should be some provision for putting in 4th Street sometime in the future. t~Jilliams: `"Doss 4th Street line up with that property?" vi ~. 'eridian Cit Flall .7. Februar 19 1981 Williams: Are there any other comments regarding the hearing of!h9eridian Business and Industrial Park Final Plat?" Albert Baer: "bJe live across the street and I would like to know where they are planning their ,streets, we live just east of the cemetery and wondered where they are coming out with their road onto Franklin." Burton pointed out entrances to the business park on map. Baer: "4Je do not wish to have some high rise building right in front of our house" Williams: They cannot put any high rise buildings in the business park" "There. will be acceleration and deceleration lanes?" Burton: "Not as such, what it is is a widened curve - it is not an additional lane. The streets wil] be built the 50 foot right-of-way standard with ~ 5 foot easement on both sides inside the park." The widening of Franklin was discussed and thought to be a 80 foot right-of-way. Brewer: "As I recall, you have gone through Ada County with the acceleration and deceleration and they didn't thirr~ it was needed at all?" Dennis Burton (CH2M): "About 290 feet from the edge of the block factory" Burton: (Nods agreement) "That's where this sweeping curve comes in" Brewer: "These people have been before us numerous times and I think very good to work with and the additional seven acres is just going to be an improvement to an already very good project." Williams: "Any other public comments?" Phil Ashbaugh: "I would like to know-how many entrances off from Franklin Road there will be" Burton: "There are two (2) main ones with three (3) additional proposed. The requirement we have is that all accesses be reviewed by Ada County Highway - they have been reviewed in concept form and final curb cut form. There will be at least as many. shown on this plan; spaced at approximately 200 feet. The small one shown will be private, not a public right-of-way." Williams: "With this plat we have design review and landscape plans to be submitted." Williams: "Are there any other comments regarding the Meridian. Business Industrial Park?" There were none. "Hearing is hereby closed." The h~otion was made by Orton and seconded by Brewer that of hieridian'Business and Industrial Park subject to Ada approval, design review, review of v ri ces of lot lines Codes and New Ordinances ~ ~ Motion Carried: Kingsford, yea; Orton, yea; Brewer, I Agenda ~ Bethaven Final Plat Hearing the Preliminary and Final Plat County Highway District and comply with all City yea; Williams, yea Orton: "I have a conflict of interest and abstain from decision as my firm does represent Bethaven Subdivision." Williams: "Please RJote that Mr. Orton has abstained from any decision and I now call the public hearing for Bethaven Final Plat open for public comment" Lee Stucker, Developer and PJeal Eagar, Tudor Engineer, were present to request Final Plat approval of Bethaven Subdivision located ',Jest Cherry Lane, across from Sunnybrook Farm Subdivision. Stucker: "We have presented most of our material to you and talked to you before, and have presented requested material to all of the different agencies. We have not heard again from Nampa-Meridian Irrigation District but Eagar has had all necessary response from Ada County Flighway District." Williams: You have changed the restrictive covenants in order to comply with the minimum square footage City Ordinance, There is one problem though and that is in regard to duplexes. Edith regard to duplex units 'each side shall have not less than 8EO square feet' The minimum that the ordinance requires goes back up to Pdo. 1 'no more than 10% may be between one thousand and one thousand and ninety-nine square feet° - this applies to all residentional units whether they are single family or multi-family dwellings." "Settler's Village sq. footaae was before this transition; or .before this minimum sq, footage Ordinance was adopted."