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HomeMy WebLinkAboutTertelling Trust Annexation No. 714. List of t roperty n4% iers within 306, eet of subject property from the authentic tax records of Ada County. The Church of Jesus Christ of Lat�k4qy,.ftints 50 E. North Temple Salt Lake City, Utah 84150 Simida Corporation 115 W. Washington Indianapolis, In. 47207 Dorothy E. Rodda °y 9755 Overland Rd. Boise, Idaho 83709 1� Capitol Securities Corp. ,�% Svaty & Scott Fuller P.O. Box 851 Meridian, Idaho 83642 Paul C. & Sharon Buskey V 485 E. Overland -% Meridian, Idaho 83642 larence T. & Mabel Embury 25 E. Overland Rd. Meridian, Idaho 83642 L. G. & Kathleen Hawley 605 E. Overland Rd. Meridian, Idaho 83642 Bruce R. & Judy French 970 E. Overland Rd. Meridian, Idaho 83 //7, 9 6� a Late a ?k' t 1v �i 7 � 4 MERIDIAN CITY COUNCIL MARCH 17, 1986 PAGE # 3 o 0 ORDINANCE NO. TERTELING TRUST #7 SECOND ANNEXATION AN ORDINANCE ANNEXING AND ZONING A PART OF THE SOUTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: TERTELING TRUST V. Beginning at the south 1/4 corner of Sec. 18, T. 3N. R. 1E., B.M., a bronze cap in a concrete post, in Ada County, Idaho; thence S 890 42' 17" W for a distance of 685.39 feet along the south boundary of the SW 1/4 of Section 18, T. 3N., R. 1E., B.M. to a steel pin, THE REAL POINT OF BEGINNING; thence continuing S 890 42' 17" W for a distance of 30.56 feet along the south boundary of the SW 1/4 of Section 18, T. 3N., R. 1E., B.M. to a point; thence N. 0045' 17" E. for a distance of approximately 1,075 feet r � w e � kµ I j S3 AMBROSE, FITLOERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884181 0 11 to a point on the southerly right of way line of Interstate Highway 84; thence N 89017' 03" E for a distance of approximately 30.5 feet along the southerly right of way line of Interstate Highway 84 to a brass cap in a concrete post; thence S 00 45' 17" W for a distance of 1075.09 feet to a steel pin being THE REAL POINT OF BEGINNING, comprising approximately 0.8 acre. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: C -G General Retail and Service Commercial. Section 2: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force 8"s+ " , k' _. z� s, k;. k� 8"s+ " , k' _. r� U n LJ a true, full*and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PART OF THE SOUTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; A)R`D� PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. y(T by the City Council and Mayor of the City of Meridian, on the l 7,jPA day of March, 1986, as the same appears in my office. DATED this a -ti— day of March, 198 A Cit left qf the City of Merdian, AAa County, ID. STATE OF IDAHO, ) ss. County of Ada, ) On this day of March, 1986, before me, the undersigned, a Notary Public in and for the said State, personally appeared JACK NIEMANN, known to me to be the person who subscribed his name to the within and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Attorneys and Camselom a-K'� W'�ax Notary Public tb Idaho Residing at: Meridian, ID AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8881481 0 0 and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this/77q day of March, 1986. APPROVED: MAYOR, GRANT P. 1AGSFORD ATTEST: CI CLERK,/ACK NIEMANN STATE OF IDAHO, ) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is 3 b a J x x , + �+ f,S'� srr TV, 9 I I a e 0 MERIDIAN CITY COUNCIL MARCH 3, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Dale Bates, Glennie Sleight, Martha Berry, Jon Thompson, Joe Turner, Lilian Turner, Jim Kimball, Ranon Amoureux, Roy Porter, Kevin Robertson, Steve Wherry, Ray & Jane Fischer, Bob Mitich, Gary Smith, Wayne Crookston, Ronda Lowe, Bob Spencer, Kenny Bowers, Tom Cole: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held February 18, 1986 as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring March 4, 1986 as National Teachers Day: Mayor Kingsford, I notice there are several people present from Meridian Manor Subdivision and I might ask the City Engineer to update the Council as to where this stands with regards to groun4 water. City Engineer, I have a meeting tomorrow at 9:00 a. m. with Mr. Fischer and Mr. Thompson to set down and discuss the situation. There has not been any additional contacts since the meeting held last Thursday,appar- ently there are some homes there that have some ground water in the crawl space, I don't know how many but this is one of the things I hope to find out tomorrow. Item #1: Request by Senior Citizens for Block Grant Funds: Mayor Kingsford, the Senior Citizens have requested that the City invest- igate the possiblity of obtaining a matching fund Block Grant for some improvements at their center in the amount of $10,000.00, are there any question of the Council? There was no response. The Motion was made by Brewer and seconded by Giesler that the City of Meridian ask Mr. Wayne Forrey, JUB Engineers to investigate obtaining a Community Block Grant for the Senior Citizens: Motion Carried: All Yea: Mayor Kingsford advised the Senior Citizens that a Public Hearing will have to be held on this request which will be on March 17, 1986 as well as a Public Hearing on the request for a Block Grant for Water & Sewer. Item #2: Annexation & Zoning Terteling Trust #7 property: Mayor Kingsford, this is a Public Hearing on the Annexation & Zoning of a 30 foot strip of property that was not included in the orginal request, I will now open the Public Hearing, is there anyone present who wishes to testify in this matter? There was no response: Public Hearing was closed. J t? P 44 v � fW. n ' ROO- �YKK5� 'k t 211101, MERIDIAN CITY COUNCIL i O MARCH 3, 1986 PAGE # 2: Mayor Kingsford, any questions or comments of the Council? There were none. The Motion was made by Myers and seconded by Tolsma that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclus- ion as prepared for the Meridian Planning & Zoning Commission on this request: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Tolsma to instruct the City Attorney to prepare an Ordinance on this Annexation & Zoning request. Motion Carried: All Yea: Item #3: Public Hearing: Ammendments to the Zoning & Development Ordinance: Mayor Kingsford, this is a Public Hearing on the proposed Amendments to the Zoning & Development Ordinance that the Planning & Zoning Commission have requested. I will now open the Public Hearing, is there anyone present who wishes to testify in this matter? There was no response, the Public Hearing was closed. There were no comments or questions of the Council. The Motion was made by Myers and seconded by Giesler that the Meridian City Council hereby adopts and approves the Findings of Fact and Concl- usions as prepared for the Meridian Planning and Zoning Commission: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tplsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Tolsma to instruct the City Attorney to prepare an Ordinance on these Amendments to the Zoning and Development Ordinance: Motion Carried: All Yea: Item #4: Request for extension in recording the Final Plat on Arnie Subdivision by D'Arlene Stutzman: Mayor Kingsford, Mrs. Stutzman has requested the City of Meridian grant them a one year extension on the recording of the Final Plat of Arnie Subdivision due to financial reasons. I do not have any problems with this request. Are there any comments or questions of the Council? There were none. The Motion was made by Myers and seconded by Tolsma to approve the request of D'Arlene Stutzman for a one year extension in the recording of the Final Plat of Arnie Subdivision: Motion Carried: All Yea: Item #5: Pre -Termination Hearing, Water/Sewer/Trash Delinquencies: i 61 5 1 } P 91 � � '� z � F F MW s �S M 3 C 2 T ' {.. s b �fri � ! =. E � pA� kms% ri i 61 5 1 } P 91 � � '� z � F F MW FA j b �S 3 C T IS- +, � ! =. E � pA� kms% AMBROSE, FITZGERALD &CROOKSTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of A?eridian will hold a public hearing at 7;30 o"clock p.m, on .March 3, 1986, at the City Hall, 728 Meridian Street, .Meridian, Idaho, for the purpose of considering the annexation and zoning of'the property described as a part of the Southwest Quarter, Section 18, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho which is owned by Terteling Trust V. The proposed zoning of the property is (C --G) General Retail and Service Commercial. A more particular description is on file in the City Clerk's office at City Hall, 728 Meridian Street, Meridian, Idaho, Any and all interested persons may testify. DATED this,/)4--j day of �Ia- , 1986, 16 Attomeys and Counselors P.O. Box 427 e , Meridien, Idaho �M r. 83842 Telephone 8884481 o £ f �2 � n A it,ti o -k a= i J» £ i �r� R fi � l Y .Y a IM NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of A?eridian will hold a public hearing at 7;30 o"clock p.m, on .March 3, 1986, at the City Hall, 728 Meridian Street, .Meridian, Idaho, for the purpose of considering the annexation and zoning of'the property described as a part of the Southwest Quarter, Section 18, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho which is owned by Terteling Trust V. The proposed zoning of the property is (C --G) General Retail and Service Commercial. A more particular description is on file in the City Clerk's office at City Hall, 728 Meridian Street, Meridian, Idaho, Any and all interested persons may testify. DATED this,/)4--j day of �Ia- , 1986, 16 e , �M r. Fy}z � n s a= i J» £ i Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole, Moe Alidjani arrived at 7:35 p.m.: Others Present: Steve Wherry, Wayne Crookston, Ronda Lowe: The Motion was made by Morrow and seconded by Cole to approve the minutes of the previous meeting held January 13, 1986 as written: Motion Carried: All Yea: Item #1: Public Hearing, Annexation & Zoning Request for Terteling Trust #7: Chairman Spencer, this is a thirty foot strip of property on the West Boundry of the Terteling Trust property that had not been previously annexed and this annexation will make the property contiguous to the property West of the Terteling property: This is a Public Hearing and the Hearing will be conducted under the rules of City Ordinance #446: Are there any questions of the Commission? There was no response. I will now open the Public Hearing: Is there anyone present who wishes to testify in the matter? There was no response, Public Hearing was closed: The Motion was made by Morrow and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Yea: Johnson, Yea: Morrow, Yea: The Motion was made by Morrow and seconded by Cole that it is hereby recommended that Applicant's property be annexed and zoned C -G, provided the City Council approves of a variance from 11-2-408 8; that the Appli- cant be required to meet the requirements of the Ada County Highway District and the Central District Health Department; that development be subject to Site Planning Review; that a long term agreement on sewer and water be encouraged between the Applicant, the City and the Meridian Sewer and Water District; and that the property be subject to the Ordin- ances of the City of Meridian: Motion Carried: All Yea: Item #2: Findings of Fact on Amendments to the Zoning & Development Ordinance: Spencer, any questions of the Commission? Shearer, is there a way we can separate these proposed amendments and act on them -one at a time, I do not agree with the proposed amendment to the fence regulations. It appears there are no restrictions in the Ordinance at this time for fence highth in Commercial and Industrial Zoned property and this is putting on more restrictions with the 8 foot vk xG. Y$!{` 3✓ ,yt" #}g .sa.{krYP k "•+ Yr. i3t 1 7y"�`` at 4 ,'['�4"i '� Ul 40 if 8 L r �q 01,41 4 +TM b °" z t sa x v u e a . s s tua xhe` r o♦ € CJ 0 BEFORE THE MERIDIAN PLANNING AND ZONING CONNISSION THE TERTELING TRUST #7 ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS s CJ 0 BEFORE THE MERIDIAN PLANNING AND ZONING CONNISSION THE TERTELING TRUST #7 ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS t 0 0 Revised and Compiled Ordinances of the City of Meridians that t this requirement has been met. 3. That the Planning and Zoning Commission (P & Z Comm.) received no oral or written testimony. 4. That the property included in the Application for Annexation and Zoning is described in the application, and by this reference is incorporated herein= that the property is 4a generally described as being in the southwest quarter of Section e 18, Township 3 North, Range 1 East of Boise -Meridian. 5. That the Applicant is the City of Meridian= that the land is owned by Terteling Trust #7f that the land is a Parcel less than five (5) acres in size. .toy 6. That the property is presently zoned by Ada County as AP -2. 7. That the property is adjacent and abutting to the present City limits. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. That the Application for annexation requests that the parcel be annexed and zoned (C -C) Community Commercial but which request has been changed to (C -G) General Retail and Service AMBF E. MWERALD Commercial. CROOKWM 011pffl/,a� PrO1gNN01� P �. P.O. an 47 am ePho1N�EN1 ' t 4a e .toy AMBRM ITZGEP W CROOKaft •nol aid cowutlae AA bs 4W Gr1dhW4 W" emu }WrorMMNNt 0 0 11. That the City is proposing to annex this property due to the fact that the Parcel was inadvertently omitted from two prior annexations. That it is necessary to annex this Parcel to square -up the legal description of the two prior annexations. 12. That the property is contained in the Mixed Use Area between I-84 and Overland Road as shown on the Meridian Policy Diagram of the Comprehensive Plan; that the Comprehensive Plan states at page 22 regarding the mixed use area: "Probable mixed -uses for the areas could be service commercial, combined higher and medium density residential, open space uses (as a means to buffer highway noise), motels and industrial." f CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the applicant's property. 2. That the City has authority to annex land pursuant to 50-222, Idaho Code; that excerise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged the annexation and zoning application by the guidelines, standards, criteria, and policies contained in Section 50-222, Title 67, X m W11, } 2 � Lr �.fiQ v.k 1. 4� �� 6a W eg woneL, ITZORR" :RO0"M nanwywed n" M �rldIM, idrw uNe�MME�A1 is chapter 65, 'Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, and the record submitted to it and things of which it can take judicial notice. 4. That the Commission may take judicial notice of it own and the City Council's proceedings, governmental statues, ordinances, and policies, and of actual conditions existing within the City and State. 5. That all land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by the by the City and the City has power to so initiate said annexation in that the land is under five acres in size. 7. That the annexation is in compliance with the Meridian Comprehensive Plan. 8. That the zoning of C -G is in compliance with the Meridian Comprehensive Plan and the Zoning Ordinance. 9. That since the land is presently in the Meridian Sewer and Water District but upon annexation the land would not be subject to the District taxes if both the City and the District provide the same services and yet at this time neither the District nor the City actually provide any water or sewer services, some agreement between the City, the Sewer and Water District, and the Applicant needs to be made regarding who has jurisdiction over sewer and water and who will provide the 0 o service in the long term. 10. That upon annexation and zoning, the land would be, subject to the Ordinances of the City of Meridian and development would have to comply therewith. 11. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicants property should be annexed and zoned, provided a variance is requested from Section 11-2-408 8 and that such is in the best interest of the City= that the conditions of the annexation and zoning should be those contained in the following Recommendation. H APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Cole Voted Commissioner Shearer Voted/, Commissioner Johnson Vote . Commissioner Alidjani Vot d Commissioner Morrow Votei4- T Chairman Spencer (Tie Breaker) Voted �'*w " S ' O O a p• rt .. 3 H z 3 3 n Ci] c� ro m m 0 0 w oo E 3 1- 0 �+MI �. 0 0 a, a a m w a w o r• o n o �• m o H a o o �• o .c w rr O a o a a H k r► H w M tr C rr w H O a w m tr N- w �G r G N• m n r rt a d rt wm rt rt rOt o a M ro n a a n 3 O 0 w rt O V •< pi i a w O w w q pE� N m t7 r• W 3 G. 3 w O V �O• 'o LG 7 m OC O 0 0 ��p � a � � � � H �• 'OD tom+- rt ( En OA m l< H Fes+- M M m Obi ] � a C ro 9 9 >E ti d rt O a rt rt n c w c m O o H u. H a n O m w rt W m w F' r `C ro cn H ?• =• K M N N N £ M m a n a m H G+ to O O n rt O N• rt a O F+. `G ] F+• w W x N m 7 N O O O w f•1 a H w rt O `C tr1 H O C w o 0 O O p, En 0 w �= H w z a ro H rnt En £ w H- su rt cn H H O w " v o �n:3 a m m bH xn `G w w m U) 0 w H w m w n N m f�D W N rt 5 N a I --,rt W m H N O+ m C ft rt P tP- V O m ro n > O w 1 O O Wn ,� e+ O m N rt r'z `G Q+ W- H-Hrtrt °w wv H. rt Q� z po rt w a po rt 0 01CN .. sm O O w o rt N O rn o z w rt ZC 0- H �� t t K 0 r I, o H � n tl] tc CV 00 10 ON ell ' s `4 En m ' F ^ :2z o tr o rt o b N zy� N - _ 3 H H H m 0 H •• m m rt ft O !+• H H �Z PI C n 0 m h 14 N r 0 4 - 0 Z �- K o m O t]. o. H t21 v ^ ^ rt n n rs• �- � �� � z O O � rt p n C vy m a (D C H • m o. W o. P` rr c� z m rt a i . �i �^ N• O ONt- N s z g °, kl a rt o O h] i. 1S C i r w N to 0o M :x J m N H OJ c. M a n 7 r• a r• v� OD cn W f1 a N AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4461 • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 O'clock p.m. on February 10, 1986, at the City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the annexation and zoning of the property described as a part of the Southwest Quarter, Section 18, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho which is owned by Terteling Trust #7. The proposed zoning of the property is (C -G) General Retail and Service Commercial. A more particular description is on file in the City Clerk's office at City Hall, 728 Meridian Street, Meridian, Idaho. Any and all interested persons may testify. DATED this/l/1174i day of January, 1986. emann, 9/ity Clerk �e e Prej.-.—AiY.......�--, Sheet ....... 1 ...... Of ...i........... Qu ��c,. , �Z�,e.�iri►�+. ! 8, I uzv� .3 1'1 nuc. , /�e� �. � ��.t, ,�t�ri�.2 — �, ! �. , 13. l� , � � ��•�.e �� �. a e.v� c�� y�aa..t � �. CLd a.. Tlt.�i►-u. S . 8 9 ° 4 Z ' 17'' W. �a d�LO►-c-e. b �S, 3 9 _ a,Crr a attV �� TWE AC -A4- Pnihr OF BEC'inh,r, G ; Ar "- S. $9 ° q 2' J7'' W6 li d4, l ew at, AV�-loth. � — d a v 1, o��t %j. h1. �U C1 POli12t j - 1-7" E.:4K a p 2tP�✓►c�E Q��ratit 2 eG UICLAI 1 Cif. / / . Cl 17 0 3 d -(I tele- %-, Gi't• G li C 6VYMPAA,A-t/Y- eW )-O '4/L` A C4 6t&aILCIIA U � 10 iS: o e? tur 7%VF ieCA p014r- of ,65-6in nin g, 0-,? a <4.e. . x s k r M12 �a a�sy � 4 E 4 � 4 � a to t vi6if, y�yyp �� 2 14. List oforoperty owners within 300&et of subject property from the authentic tax records of Ada County. The Church of Jesus Christ of Latter, Day-Saints 50 E. North Temple Salt Lake City, Utah 84150 Simida Corporation 115 W. Washington Indianapolis, In. 47207 Dorothy E. Rodda 9755 Overland Rd. Boise, Idaho 83709 Capitol Securities Corp. % Svaty & Scott Fuller P.O. Box 851 Meridian, Idaho 83642 "Paul C. & Sharon Buskey p;' 485 E. Overland Meridian, Idaho 83642 Clarence T. & Mabel Embury 525 E. Overland Rd. Meridian, Idaho 83642 ,Y }e'in L. G. & Kathleen Hawley 605 E. Overland Rd. Meridian, Idaho 83642 Bruce R. & Judy French 970 E. Overland Rd. Meridian, Idaho 836 00> 0La 0317b5r k kN � Y� v tt� p ryy`� gam'-' d r4 s 41 to U)OD b H to a) H H m CN � I` Z O N La r H u F A zz E �C F, F G E P H E U E W o+ a a � P4 O M LH O 0 O •r-1 cd a) 43 U 'a r4 � m N O w C7 �4 a' Ur ) En IT •ri i. 41 c 4-)b :3 -4 o a .A AS U) •rl C b O �4 +l a) ro M: U � Hb (1) O r. a) O w N •,-I ani' w •r4 O 4) 1 U U >4r-4 0) 3 -r. 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O O to W >, O 4 � H (dd U C N •.i W E +l (L) .0 El x 01 4.) •rl H •r1 O A >, w >~ w C 3 N ul u) H H H l~ U O A u) b H w b U(d 'O t O O a) 0 O Ol r -I w a) w td .0 .0 H to a >r •ri •rl •rl a) 90 4Jq r -I a) C U w H .r-1 H Q o a) 3 r -I0 U V 4J V 0 •F) C A }� 3 a td � to (D b w •r1 E -t >, a) N V -r1 a .� '� V V S al o R A 9 M a •r1 O o a) 4 t7 0) l CU W O a) 4 r -I O •4 r-{ o 2: a4 b 0) z H A a) •r1 to 4.) r1 a) A N cn 3 4 O ,-I ,-1 to 1 td >, .Aq k1 cn h w U a V r -I 0 a) � U v V U a H td O ++ 4J a, ,-I V +l 9: b V , 4 U a) H >, r -I >, •r1 •r1 4-J a J'+a) � 4J 3c m . .A E E E a) r♦ to A w r 4 .A 0 A r -I H H 4-) � H td to A td v � ra O K a >, A C >, b C' O •r1 -H O O td H O a) -H O H0 O t0 to rl a) b b a) .0 GG h h E4 m W GL 0 W U i �' ty Q U z H z H JJ ro ra td ; ro E ill. ,i v a)b H H -❑ r� U)ra �� v W-4 Ln U'O � IZ w c O O O C E -t U U F. r T' $!d b #,s S' �" (F. k u r tl .b Ole<{ aKv IN 0 s � JANUARY 17, 1986 TO ALL INTERESTED PARTIES: o e THIS REQUEST IS FOR A STRIP OF LAND THIRTY FEET (30) WIDE ON THE WEST SIDE OF THE TERTELING PROPERTY ANNEXATION THAT WAS INADVERTENTLY EXCLUDED FROM THE ORGINAL ANNEXATION. ME O ro ib Ir O'46Y)" j 075+ '71�37, al �Ee WN cr (CPA S 0*30'0% .jioo CD o O m 0 O ro cr (CPA .jioo ljo -... /010 79* ........... by ................... At4 j AooLl- B,rm. 4r ALt----.-Aicv 8104Z'1-7' W- OL —3 Al Pam 16j 7, r - A4, pLWAT CF TME PM uxto� 7 A -c - fej. ..�,,, �. "i') . p ° 4 S � l�'' E. �r ✓ o. d�+.Q�aM c.t dlj 7, 3 "aV11 U 0. 9 510 7'0 3 wt pv;.tdl- ci o? IeCAf OF 4r61n,"Jn6.,-- pff &IYMPAAAA4� Off 0. 9 i�xit hew All ........... by ................... At4 j AooLl- B,rm. 4r ALt----.-Aicv 8104Z'1-7' W- OL —3 Al Pam 16j 7, r - A4, pLWAT CF TME PM uxto� 7 A -c - fej. ..�,,, �. "i') . p ° 4 S � l�'' E. �r ✓ o. d�+.Q�aM c.t dlj 7, 3 "aV11 U 0. 9 510 7'0 3 wt pv;.tdl- ci o? IeCAf OF 4r61n,"Jn6.,-- pff &IYMPAAAA4� Off 0. 9 CECIL THOMAS TERTLING TRUST # 7 ANNEXATION & ZONING REQUEST C O M M E N T S 1. Ada County Highway Dist: See recommendations attached: 2. Central District Health: See Comments attached; 3. City Engineer: See Attached: 4. Earl Ward: At present time no sewer available; 5. Police Chief: No Comments or objections at this time. 6. Public Hearing held by Planning & Zoning on October 15, 1985, Commission instructed Attorney to prepare Findings of Fact and Conclusions and that the Findings reflect a postive recommendation of approval. 7; Special Meeting Feld on October 28, 1985 by Planning & Zoning Commission Findings of Fact were approved and recommendation made that City Council approve this request, providing that Variance is granted by the Council from 11-2-408-8: That applicant meet requirements by ACHD & CDH, that property be subject of City of Meridian Ordinances. CQU Y,, IGHWAO 01B.' TRICT WS KAST 37TH sTwKKT Inter -Department Correspondence. T®: Ada County Highway District Commission Date: October 3, 1985 Fram: Development Services Subiect: MERIDIAN P&Z DGER.IAND Annexation and Zoning FACTS & FINDINGS: 1. To rezone for development df office, retail sales, and service complex on north side of Overland Road east.of State Highway 69. 2.. Overland Road has 50 -feet of right-of-way, 80 -feet is required, and.is improved with 24 -feet of pavement. rE the rezone is accepted and development.proceeds, the ACRD would recommend •`:_i1e follrawing: RECLv4MENUU- IONS : I. Provide by dedication 40 -feet of right-of-way frcM the centerline of Overland Road abutting parcel.'. 2. Provide curb, gutter, .5 -foot sidewalk, and matching paving on Overland n Roadabutting parcel. Provide a 32.5 -foot roadway section to back -of -curb I1� ..francenterline of Overland Road right-of-way. 3. provements to the dedicated right-of-w°ay to be designed and constructed to ACHD standards and,specificationa* 4. Obtainwritten approval from irrigation/drainage jurisdiction for storm runoff into irrigation/dra.inage system(s). 5. Relocate all obstructions outside of.the proposed street improvements. Prior to relocation, obtain Lwritten permission fraa:the>applicable jurisdiction... 6. Relocate all irrigation;/drainage structures outside of the public right-of-way. Prior.to relocation, obtain written:approvai from the apDlicabTe jurisdiction. 3. Submit a site drainage plan showing that site drainage will not.flow onto Ada:'County Highway District right-of-way. 8. Maintain drainage through the borrow ditch (culvert may .be required). 9. Access to. narQel to be reviewed and approved by the District. 10. Driveways to be located a .minimum of 5 -feet, from 'the property line. 11. Any work within:ACHD right-of-way requires a permit. For information regarding the requirements to obtain a. permit,. please contact Quality Vontrol at 344-611:, extension 430. CU, DR, or PDC file number. required. 4 "a MERIDIAN P&Z OVERLAND October 3, 1985 Page 2 POLICY IMPLICATIONS: Annexation & Zoning 1. Recommendations are made to Meridian Planning & Zoning Commission as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Allan F. Samuels, P.E. ONTRAL DISTRICT HEALTH DEPARTMO ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise — Rezone # Eagle Conditional Use # Meridian Preliminary/Final/Short. Plat Kuna ACZ 1. W — e have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. Specific knowledge as to the exact type of uset be provided before we can comment on this proposal. mut 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth ofl(high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. _ We can approve this proposal for: _Central sewage _Interim sewage _Individual sewage — Corm mity sewage system and Central water Individual water _ Commodity water well. 8. _ Plans for _Central sewage _Community sewage system _Sewage dry lines, and _Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. — Street runoff is not to create a mosquito breeding,problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swinmi.ng pools or spas)(grocery store). 13. X h16?h V7110bd {V2 A �-O / 11Rt7-h1i%RJJ 1f ,.L,, d e s 15 n would haeme. 1�0 jJ� ril es7 'G ,Yu e,7q ©iL �O� Reviewed by L Date pQ I,P6o-n .1 moT U-© WI -7A 61 ,g�Q,tCQ � C¢.. c,�.e�.t G,�7� ,,.,c � • iyu, I�ll��nQ lire '���irr� a 0 O O O KC O H t"•O N 1- th a 0 P. O .. Ir r• p, N m m ro� a r a rt H H az 0 b 3 z n m, a v -n w w w w w ,o � E 3 H C, C, w 5 < a rt° a a� a w K �t rt K n � �t ° r. d°r � n � w m g 9 9 tr• O E rt m :3110 H. F• K r L< W m r rt a 0 rt m rt rt o a 4 Id m m rt n ' c� r b n M 4 N ° :• `C a l a r o H• w> E to m v w w to 3 11 a r o o' o 'o a C ro �a ° E tr ty r a rt rt H w w m 6 H N K m a a � I-+ $ m O :3 K Li- K N O O m r rt w m H. W H- K to to K ::r x m m K r W O a m O m a W to p. A a m K O 0 A 0 • N r w rt w x N v m K K 0 M E0,,, K O K N O ° r n K w rt O "C tlj a O SK:(D Q� 0to x o w a Ir w O a ro H rt m t h F+• N tr N m dK x•aC P. H m 1+-m w 0 m m fED W �i N 9 I -j a Fa•+ rt d m K K t7 rt KK ~ t� H 0 �Nt to O H 'C W m Ii m f r p 'Z G: �N �' t7 b rt t r G) a��Mrrt 9 C7 p wa w pro •• hi O Ea z Z P•o td rt rt U' a zn tr :3 a 0 rt r G]H O En O tri rt �f v cn rt t3r v O to U7 w m En .., O k r.. H r� z kD Ln f • �o S A �' !' C1 f+• E H Z M �-. 8• ► f�- W 7 m u] 0 rt 7d C ift rt c�►. L� s' •� En m �C �r3° H t+ w E-3 .•9 "6 �rr r Fo m N m 00 ro H ° $$ z m N rt H rt tij hd a ti 7. o m N G L4 f1 b Z • :3 O 4 � I,. O y K tri r � £ .r rt K N O .d o WN r00 m O H a ,fit rt o O 0 X� p' � HO . . rt 404 o o a a N ggct CIA tri O m ¢ z m rt G a H Z +� N FK' a • 0 tri H N N SW N O E IOU 6 tL lb itrt r to .s rt d to y 9 i� r: p N m h1 v +�I to m rt I 13 H Z C) 3 v K CID Ii F- -I L-A n MERIDIAN SEWER & WATER DISTRICT POST OFFICE BOX 654 MERIDIAN, IDAHO 83642 BOARD OF DIRECTORS: E. DALE OWNBY October 7, 1985 GORDON M. HARM ROBSRT C. WAMEY PxmLn Rnn-my DALE NIXON Honorable Mayor & City Councilman 728 Meridian Street Meridian, Idaho 83642 Honorable Mayor & City Councilman: We have been contacted by Terrill Howard, who represents the Terteling Trust Number 7 in regard to their application for annexation and zoning of the Cecil Thomas property North of Overland and South of I-84. The Meridian Sewer & Water,District is very willing to support and cooperate with the City of Meridian and the Terteling Trust Number 7 to accomplish and complete this request. We are willing, at your pleasure, to discuss other potential users who want to locate South of the freeway and are within the boundaries of the Meridian Sewer $ Water District. Respectfully, e (b E. bale Ownby President EDO/mo CC. Terrill Howard NTRAL DISTRICT HEALTH DEPARTM ENVIRONMENTAL HEALTH DIVISIOX 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Rezone # Eagle Conditional Use # Meridian Preliminary/Final�Stiort Plat �Kuna C � t l'1 - 7 CP_C 1 771or't Q.5 AC7 1. _ We have no objections to this proposal. �I 2. _ We reconmend denial of this proposal. 3. — Specific knowledge as to the exact type of use must be provided before we can cement on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can commnt. 5. _ We will require more data concerning the depth of (high seasonal groan& water)(solid lava) from original grade before we can cament concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: _Central sewage _Interim sewage _Individual sewage _ Carmunity sewage system and _Central water _Individual water _ Camunity water well. 8. — Plans for _Central sewage _Ca unity sewage systemSewage dry lines, and _Central water Carmunity water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. _ Street runoff is not to create a mosquito breeding problem. 10. _ This department would recamend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST belinstalled to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any (food establishment)(beverage establis}ment)(swinminQ pools or soas)(Qrocery store). d e s rJc. n would home 4o be vlesl� r� cl b ar, 04 d-& fi–'*a Reviewed by Date .,,c � j- 7-y�.c, /Z v4lo2 a & d �/J ue9 a xaI / S S ✓Q/ilc�e, " J.e(�cJ G GrQi �.(�iiG /i') / � i I ll V6 WNTRAL DISTRICT HEALTH DEPARTMA9 ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: nnn� / �� // Boise Rezone # _ 0 r✓C�fi� � �� �, ! � � �{� � Eagle Conditional Use # %�% St # % _ Meridian Prel'imnnary/Final/Short Plat Kuna ACZ 1. — We have no objections to this proposal. 2. — We recommend denial of this proposal. 3. — Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can comment. 5. — We will require more data concerningthe depth p of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. — We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: _Central sewage Interim sewage _Individual sewage — Camwity sewage system and KCentral wateerr Individual water — Community water well. 8. _ Plans for _Central sewage Community sewage system _Sewage dry lines, and _Central water Conprnunity water mist be submitted to and approved by ithe Regional Health and Welfare Environmental Services Field Office. 9. _ Street runoff is not to create a mosquito breeding problem. 10. — This department would recommend deferral until high seasonal ground watercanbe determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swimming pools or spas)(grocery store). 13. 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O N 0' 0 P- W 0 0 ►v H rt N M W N � N m pa x n l< r rv- (OD m ro x H r• m r• o n m N ct K tiM �, Q.PC H 0 a ft H 4N rt 11. N b P. H tr 0 fi ~�+. ¢� O n rt H 7 W. 9 O 0 M R+ f�D n t -j cl La r• Cy b rt I in Mr rt zH 0 W r• N b H. �' o cn a ro m r a rt • H p rat ro O 0 :3a O U) � N OH rt 0 N 0 E aC 0 tri bhp ova °r v OEn cn rt tr Ul H 'G m • 0 H v trrJ z 00N a a r - rt O a r N m m rt N N N 0 m n m N N sv v H r- £ r m r ro mto . N Nol rt W N N 0 r K • a 0 0 5m m 0 13, mrt a0 r• N llog rt 0 rt r• 0' W N z 0 y x Ln H U M O m z O LTJ c�11 H O m H m to C7 tri t1i O m 00 n MPO K N b H O tri tri n IW xO rt a H M F' 5J H H r C M H �S to z O mN tl CD CL r - O W V1 wrt rn• N NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold aj public hearing at 7:30 o'clock p.m. on October 15, 1985 at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the application of the TerteUng Trust #7 for Annexation and Zoning of real property; said property being located North of Overland Road in the southwest corner of Section 18, T. 3N., R. 1E., B.M.; a more particular description of the above property is on file in the City Clerk'''s office and is available for inspection during regular business hours. Any and all interested persons may testifyjat the hearing. DATED this C day of September, 1985.' Jack ieman , C y Clerk ABROSE, tGERALO +OOKSTON ,mays and unselore BOR 427 Ilan, Idaho 83642 ,ne 8894461 0 MERIDIAN CITY COUNCIL NOVEMBER 3, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant KIngsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Kevin Robertson, David Allen, Roy Porter, Jim King, Bob Mitich, Kenny Bowers, Wayne Crookston, Bob Wherry - The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting held October 20, 1986 as written: Motion Carried: All Yea: Mayor Kingsford proclaimed the Week of November2-8 aslKey Club Week: Item #1: Request by Western States Equipment Company to waive ACHD recommendation for Curbs & Sidewalks & Gutters at new location: Mayor Kingsford, is there anyone present to representlthis request? Mr. Jim King, Vice President from Western Equipment was present. King, when the property was annexed into the City of Meridian, it included that the recommendation of ACHD be complied With, we do not believe at this time the recommendation of installing curbs, gutters and sidewalks should be required. We would be supportive of these items in the future as the area develops. If this were to be required at the present time there would be sidewalks, curbs & gutters only along our parcel. We are therefore askinc the Council to waive the recommendation. We have no problem with the recommend- ation to provide additional fifteen feet of right -of- ay. The Motion was made by Tolsma and seconded by Myers to waive the recommendation made by ACHD that sidewalks, curbs andigutters be installed along the Western States Eqiupment Property., Motion Carried: All Yea: Item #2: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford, You have been informed in writing, i to, you have the right to a pre -termination hearing b & Council, to appear in person to be judged on facts claim made by the City that your water/sewer and tras quent. You may retain Counsel. Is there anyone in the wishe's'a hearing? There was no response. Due to thei pay their water bill or to present any valid reason wh not been paid, their water shall be turned off on Nov In order to have their water turned back on, there wi itional fee of $10.00. They are hereby informed that or have the decision of the City reviewed by the Four District Court, pursuant to Idaho Code. Even though t. water will be shut off. you choose fore the Mayor nd defend the bill is delin- audience who failure to the bill has mber 18, 1986. 1 be an add - hey may appeal h Judical ey appeal the 8018E Genera Offices P 0 Box 38 Bose ID 83707 208.343-5401 POCATELLO P.O Box 4640 Pocatello ID 83201 208/232-2640 SPOKANE P 0 Box 3668 Spokane. WA 99220 509/535-1744 ODESSA P.O. Box 430 Odessa WA 99159 509/982-2542 COLFAX PO Box 19, Coltax. WA 99111 509/397-4644 LAGRANDE P.O. Box 400 LaGrande OR 97850 503/963.3101 JOHN DAY P.O Box 400 John Day. OR 97845 503/575-1301 SES EQUIPMENT COMPANY October 22, 1986 Mayor Kingsford & City Council City of Meridian 728 Meridian St. Meridian, Idaho RE: Western States Equipment Company Gentlemen: Our parcel of property was annexed into the city in November 1985. The annexation included two recommendations by the Ala County Highway Department. One recommendation was to provide an add�litional fifteen feet of right-of-way for future road expansion. Theother recommendation was to provide sidewalks, curbs and gutters at the site. We are supportive of the first recommendation, but request you waive the later recommendation as it seems inappropriate and unnecessary at this time. We would, of course, be supportive of sidewalks, curbs and gutters in the future as the area develops. We would appreciate your consideration of this matter'I. JK3/L1/sh Sincerely, � / I Jim D. King Vice President & Treasurer r- • APPLICATION FOR ANNEXATION APPROVAL & ZONING Meridian Planning & Zoning Commission Filing Information I. GENERAL INFORMATION (Proposed Name of Subdivision) Approx. 1,800 ft. east of the M (General Location) Overland. 1. See attached Exhibit A (Legal Description - attach if lengthy) Cecil A. Thomas (208) 8816-3087 (Owner(s) of Record) (Name) (Telephone No. ) 3775 N. Locust Grove Meridian, Idaho 83642 (Address) The Terteling Trust # 7 (208)_384L5114 (Applicant) (Name) (Telephone No. ) 1755 Westgage Dr. Boise, Idaho 83704 (Address) Terrill D. Howard (208) 3771-2617 (Engineer, Surveyor or Planner) (Name) (Telephone No. ) 5540 N. Five Mile Boise, Idaho 83704 (Address) City of Meridian (jurisdiction (s) Requiring Approval) Commercial (Type of Subdivision -Residential, Commericial, Industrial) t 50 Less than 50 acres Acres of Land in Contiguous ownership. �d4 Wo (Acce ed y: (Fee f ITEMS NEEDE40)R ANNEXATION & ZONING RESTS 1. The Terteling Trust # 7 1775 Westgage Dr. Boise, Idaho. 83704 (208) 384-5114 2. Cecil A. Thomas 3775 N. Locust Grove Meridian, Idaho 83642 (208) 888-3087 3. See attached request for annexation and proof of ownership. 4. See attached legal description. 5. See attached portion of title report showing easements and right-of-ways. 6. Present use - Pasture 7. Proposed use - Commercial Building & Parking 8. Present district - AP - 2 9. Proposed district - CC 10. This land is adjacent to a CC Zone and is of general character,=:topography and location. 11. The subject property is adjacent to land wit 12. See attached map of a scale of one inch to o the same a CC zone. hundred feet. 13. See attached map of a scale of one inch to three hundred feet, twenty seven copies. 14. See attached list of property owners within 300 feet. 15. As stated above the CC zone is approved for Ithe land to West of the subject property and is consistent with the Meridian Comprehensive Plan. 16. See attached check # 160810. 17. See attached statement from owner granting �' lien for any unpaid fees. #3 September 19, 1985 City of Meridian 728 Meridian St. Meridian, Idaho We, the undersigned, hereby request annexation to,the city of Meridian for the property described in the attached legal description (Exhibit A). We request zoning to be CC, the same zoning as tb adjacent to the west of said property. Sicerely, Cecil A. Thomas Owner STATE OF IDAHO ) ) ss. County of Ada ) On this 19th day of September, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared Cecil A. Thomas known to me to be the person whose name is sub- scribed to the within.instrument and acknowledged to me that he executed the same. IN WITNESS WEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. errill D.. Notary Publi Residence: Seal land and for Idaho ise, Idaho • Cecil A. Thom®s • Consulting Hydrologist, Civil Engineer. Land Survieyor Idaho License No. 645 3775 N. Locust Grove Meridian, ID 83642 Ph. [2081886-3087 September 19, 1985 Mr.Terrell•Howard: i Following is'•a description of the property rema'ning to be annexed to Meridian City which does not include the proposed acre for the scouts and the 'acreage sold to the LDS Church but does include the -north half of Overland' Road right of way as you requested: Beginning at the southwest corner of Sec. 18, T!3N..lE., B.M., a brass cap at the intersection of Overland and Mer- idian Roads; thence N89°42'17"E 1844.03 feet along the south',side of said Sec.18 and—the centerline of Overland road to a',point,THE .REAL POINT OF BEGINNING; thence NO°45'17"E 537.47feet to a steel pin; thence S89°42'17"W 85.0 feet to a steel pin; thence N0045'17"E 537.62 feet to a brass cap in ',a conc- rete post; thence N89°17'03" E 478.04 feet along the south'side of the right of way of Interstate Highway 84to a brass cap in a concrete post• thence S72°52;15"E 42.52 feet along the south side of the right of way of Interstate Highway 84 to a brass cap in a concrete post; thence S89°34'12"E 162.57 feet to a steel pin; thence SO°t17"W 1063.75 feet along the centerline of said .Section 18 to a brass cap in a concrete post onithe center- line of Overland and at the north k corner of* said Section 18; thence S89°42'17"E -'666;39: feet along the cente#line of Overland Road and tha'South side of said Section 18 to the REAL POINT OF BEGINNING. According to my information, none of the area within the above boundary is now annexed. I will be glad to investigate this -further. i . Cecil A.Thom#s, P.E. s wr 1. ryu1Vrvvvn40 TO 1580 (1-84) American Land Title Association Commitment for Title Insurance -1966 . • r .r., • ill Schedule A Commitment No. Effective Date of Commitment P 73723 Se#tember 17, 1%6� as of 7:36 an Your -No. Vice Tirristee of the Tertel ing Tr"t Prepare Iscrow Terrill ID. toward iKa in Suite 11( IM South Capitol Blvd. Inquiries should be directed to: Harold E. Eustoe — Title 1. Policy or Policies to be issued: Amount Premium_ (a) [3 ALTA Owners Policy — Form ' -1970 $ Z:>I;i3OW-00 ',$ 874•50 Proposed Insured: The Trustee of The Tertel ing Trost t4a . 7 (b) ❑ ALTA Loan Policy, 1970, (Amended 10/17/70) $ $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple. 3. Title to said estate or interest in said land is at the effective date hereof vested in: SEE EXI16IT A 4. The land referre to in this Commitment is located in the County of Ad a State of 61010 and described as follows: SEE EXI61Tb The premium specified in Schedule A is the entire charge for the Title Search, Title Examination and Title Insurance. USE WITH COMMITMENT FOR TITLE INSURANCE - ALTA- 1966 COVER NO. T CAT. NO. NNO0334 TO 1444 (1-84) 11ch ule — (Continued) COMMITMENT NO. . P 73 723 EXH Ind IT A 4 wes Craig Wilson and Ei i een L "-wit son, h usb and and u i fe , as to that portion of said greeises descrioe;d as foils: Beginning at a bronze cap at the SD uth quw ter corner of Section 18, TowiShi p 3 Borth, ka%e 1 East, boise-Mridian, the ce South 90'00' nest 4Bi.0 feet along the South side of said Section 18 to a point; thence North 0`42' East 26.0 feet to a steel pin, the REAL POINTOF BEGINNING; thence North V42' East 343.0 feet to a steel pin; thence South 90100' W st 127.0 feet to a steel pin; thence South 0'42' blest 343.0 feet to a steel pin; thence South 9U1 00' East 127.00 feet to the IAL F016 CF BEGIM111G; AM in Thomas farms, LT®., a limited partnership, as to the ripainder. CAT. NO. NN00334 TO 1444 (1-84) • COMMITMENT NO. EXh U IT a — (Continued) beginning at the Southwest corner of Section 114 ?omship 3 ftorth, Range 1 East, Boise -Meridian, a brass cap at the "rsection of Overlain and Ceridian Roasts; thence North 01*021141 East 25.4 feet to a point; thence ftorth 89'42917' East 1758.91 feet aioN the Korth side of the 1brth side extended of Overland Road right -of -nay to a steel pia being the Southeast coater of the property conveyed by Rarranty Deed recorded finder 9nstrugent no. anom and %hish is the Rai iPOihT if smm i.- there Borth 0'45'170 East 1050.09 feet to a brass cap in a concrete post; trance North 89*17003' East 478.04 feet along the South side of the right-ctf-ray of Interstate hiighwey 84 to a brass cap in a concrete post; thence South 72052111510 East 42.5E feet along the South side of the r.fght-of-way of Interstate highway 84 to a brass cap in a concrete post; thence South 89034012' East 162.57 feet to a steel pier; thence South 0'320170 hest 1038.75 feet aloq the centerline of said Section 18 to a brass cap in a concrete post on the north boundary of the right-of-way of Overland Wad; thence South 119'421117' test 685.29 feet along the Korth boundary of the right -of -tray of Overland Road to the REAL FOUT CIF 8EGINNIN6. TO 1686 (1-64) American Land Tide Asamlation CornmitmYntfor Tide insurance -1868 a •z ' e P 73723 I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest to be insured must be and duly filed for record. Schedule B y executed, delivered II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered, by this Commitment. 2. Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records.] (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which iwould be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public tecords. 3. Special Exceptions: 1. C*neral taxes for the Sear 1584, which are 1lens, of 533.78, are now delinquent, plus penalty and interest. 222-S1118346722. AFFECTS: A portion of said emises federal taxes for the 3ear IRA, wh t, are I lens, of $11.40, are now del %quent, plus penalty and interest. 03-5-Sl116346710. AFFECTS: A pEtion of said premises 6enw6ll taxes or the year , w1ilch are i lens, of $895.64, are now delinquent, plus penalty and interest. 222-51118336 . AFFECTS: A portion of said premises General takes for the year IW4,, which are liens,, of $9%.04, are now delinquent,, pl in penalty anti interest. 222-S1118347000. AFFECTS: A p2dion of said premises in the or ig inal sun Parclel Ki . In tie original sun Parcel !No . in the or 19 in a] suu Parcel bio . In the original parcel tlo . 2. General takes for the near 196, which are 1 lens, are payable. continued sua yet due and CAT. NO. NNO0334 TO 1444 (1-84) Itcheldule — (Continued) COMMITMENT NO. P 73723 3. liens and assessments of the following district and the rights and powers thereof as provided by law. No del inquenc ies n the rA m appear in Recorder s Office. DISTRICT: pa-Heridian Irrigation 4. From available ®ops rle note that the Easterly portion of the stbject parcel a PPP ar s to 1 ie within the right- of -slay of Epi g bt 11 l e is ter al far un is h ua find no deed or easement of record, S. Relinquishment of right of access to highway under to s of Judgaent. In favor of: Un ited States of America Recorded: hovember 27, 2963 Instrument no: 57041 6. Rel laqui sbuent of right of access to highway under terms of deeds. In favor of: State of Idaho Recorded: April 21, 1978 Instrwent nos: 7&0490 and 7820491 7. Covenants, conditions, restrictions and easements contained in Deed. In favor of: State of Idaho Recorded : April 21, 1976 Instrument nos: 7820451 and 7820491 As fol l obs : 'srantors convey unto the Grantee the right to prohibit tlhe erection or construction of any buildings or structures except irrigation or drainage structures bithtni 20 feet of the real ,property above described. Any right of way fencing to be constructed is not necessarily intended to designate the property 1 int between Grantor and the State, ar�d any variance between, the location of right of bay fencing and the actual I property line as herein described shall not be corstrteua as a modification or, alteration of this description S. A Mortgage to secure an indebtedness of $19,580.40,nd any other anouats as therein provided, payable antler the terms, corditiops, provisions and stipulations thereof. bated: May 25, 1972 Mortgagor: James C. Wilson and Eileen T. idison, hesband and jdfe Mortgagee: The United States of America, actin throug'a the Farmers ftwe Administration, United States Orpartisent of Agriculture Record ed ; May 26, 1972 In strument ND: SD75% AFFECTS: A eortion of said arepises continued CAT. NO. NNO0334 TO 14,44 11.841, o, COMMITMENT P 9. Right, Title and lAterest of the party herein named. Disclosed by: Warrant yy €geed Party: Thomas Us, LTD., a limited partnership According Date: December 31, 198,1 Instrument ND: 8154966 AFFECTS: That portion of said premises vested in saes Craig T. Wilson, husband and wife. — (Continued) l son and Ei 1 een 1+0. Pendency of proceeding in the United State s Ci str is t tb ur t wherein the party herein named ves adjodicated a bankrupt on the date herein set forth. Adjudication Date: December 26, 1984 Cause ho : 64-02180 Party: Thou as Fara: s, LTD. 11. Pmerdency of proceeding In the United States District Court wherein the party herein named eros adjedicated a bankrupt on the date herrein set forth. Adjudication Date: December 27, 1984 Cause No: 84-0219D Party: Cecil R. Those as NDTE; There is no notice of record and therefore no search has been made for any unpaid assessments. charges or fees for semr, nater, garbage., Irrigation and rather passible utility services. NOTE: if the proposed insured wrier the policy to issue concerning the coverage or exclusioas from coverage, the pleased to provide an explanation. EftV OF EXCEK IONS any questions nan-V wi 1 i be September 19, 1985 City of Meridian 728 Meridian St. Meridian, Idaho The undersigned does hereby grant to the city of 1Ieridian a lien against the property described in the attached legal description(Exhibit A) for all costs incurred by he city including engineering, publications and attorneystfees, if not paid by the owner. Sincerely Cecil A. Thomas Owner STATE OF IDAHO ) ) ss. County of Ada ) On this 19th day of September, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared Cecil A. Thomas , known to me to be the person whose name is sub- scribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writted. erri 1 D"-. H'O*ard Notary Public for Idaho Residence: Boise, Idaho Seal BOISE General Offices P 0 Box 36 Boise, ID 83707 208/343-5401 POCATELLO P.O Box 4640 Pocatello. ID 83201 208/232-2640 SPOKANE P.O. Box 3668 Spokane. WA 99220 509/535-1744 k EQUIPMENT COM October 22, 1986 TES ANY ODESSA Mayor Kingsford & P.O Box 430 Odessa. WA 99159 City Council 509/982-2542 City of Meridian COLFAX 728 Meridian St. P.O. Box 191 509%3WA 464491 Meridian, Idaho LAGRANDE P.O Box 400 RE: Western States Equipment Company LeGrande. OR 97850 503/963-3101 JOHN DAY Gentlemen: P.O Box 400 John Day. OR 97645 503/575-1301 Our parcel of property was annexed into the city in ovember 1985. The annexation included two recommendations by the A a County Highway Department. One recommendation was to provide an additional fifteen feet of right-of-way for future road expansion. The other recommendation was to provide sidewalks, curbs and g tters at the site. We are supportive of the first recommendation, but r;' quest you waive the later recommendation as it seems inappropriate and unnecessary at this time. We would, of course, be supportive of sidewalks, curbs and gutters in the future as the area develops. i We would appreciate your consideration of this matter. ' I i Sincerely, Jim D. King Vice President & Treasurer. JK3/L1/sh 4 October 1986 I� U Jeff Hull CSHQA Architects Central Station 200 North 6th Boise, Idaho 83702 Dear Mr. Hull: • ORGANIZED 1994 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 We have reviewed the plans of the Western States 4quipment site development. The plan does not show detailed designs of the irrigation boxes and pipe where the existing 15 inch pipe is being relocated around the proposed building. The existing pipe under the proposed driveways may have to be replaced if it is not of proper class or because of the lack of cover over the pipe: Please submit these details so we can complete our review. Sincerely, Richard W. Haumann District Manager Nampa & Meridian Irrigation District PC: Each Director Secretary of the Board McCarter & Tuller Engineers Meridian City Ada County Highway District JUB Engineers File RWH:jj APPROXIMATE IRRIGABLE ACRES RIVER PLOW RIGHTS — 23,000 BOISE PROJECT RIGHTS — 40,000 0 HUB OF TREASURE VAL! F)' • GRANT P. KINGSFORD Mayor October 7, 1986 Mr. Jim King, Comptroller Western Equipment Co. 4009 Fairview Ave. Boise, Idaho 83706 Dear Mr. King: Re: Sewer and Water Assessment Fees Overland Road Facility I have reviewed your new facilities water supply and wastewater drainage plans and have arrived at an assessment fee for the water and sewer plant capacities. The assessments are based on a "fixture unit" demand basis as outlined in the most current edition of thelUniform Plumbing Code. We equate 21 fixture units to one (1) equivalent single family assessment. The fixture unit load for your buildings, when divided by 21, yields an equivalent single family usage forI 12 water and 6Z sewer assessments. The associated costs for these assessments is: Water: 12 x $380.00 = $49560.00 Sewer: 6, x $750.00 = $4,875.00 TOTAL ASSESSMENT = $99435.00 Your mechanical subcontractor is responsible for labor costs for, (1) making the physical connections 1 the material and to the water and sewer Ines, (2) extending the service lines to the property and (3) providing the meter yokes, tiles and covers for the water City charges a fee for use of the meter and the amount ch on the number and size of meters required. As I mentioned on the telephone this morning, I woul mechanical engineer to visit with our Waterworks Superint concerning size, number and location of the meters. Also earlier, it may be appropriate for you to have a separate outside wash slab that drains into your on-site disposal meter would eliminate sewer use charges being assessed on wash slab. Have your mechanical engineer visit with Bruce also. rs. The is based ourage your t, Bruce Stuart, we discussed r for your m. This separate water used on the ut this matter The determination of sewer and water assessment fees is, in some cases a bit. arbitrary, although we try hard to correllate the assessment as close A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk COUNCILMEN A. M. KIEBERT, Treasurer CITY OF MERIDIAN BILL BREWER BRUCE D. STUART, Water Works Supt. RONALD R. TOLSMA O TOLSM WAYNE G CROOKSTON, JR., Attorney 728 Meridian Street E. BERT MYERS EARL WARD, Waste Water Supt. ROBERT GIESLER KENNY BOWERS, Fire Chief MERIDIAN, IDAHO ROY PORTER, Police Chief 83642 BOB SPENCER GARY SMITH, City Engineer Phone 888-1433 Chairman Zoning & Planning GRANT P. KINGSFORD Mayor October 7, 1986 Mr. Jim King, Comptroller Western Equipment Co. 4009 Fairview Ave. Boise, Idaho 83706 Dear Mr. King: Re: Sewer and Water Assessment Fees Overland Road Facility I have reviewed your new facilities water supply and wastewater drainage plans and have arrived at an assessment fee for the water and sewer plant capacities. The assessments are based on a "fixture unit" demand basis as outlined in the most current edition of thelUniform Plumbing Code. We equate 21 fixture units to one (1) equivalent single family assessment. The fixture unit load for your buildings, when divided by 21, yields an equivalent single family usage forI 12 water and 6Z sewer assessments. The associated costs for these assessments is: Water: 12 x $380.00 = $49560.00 Sewer: 6, x $750.00 = $4,875.00 TOTAL ASSESSMENT = $99435.00 Your mechanical subcontractor is responsible for labor costs for, (1) making the physical connections 1 the material and to the water and sewer Ines, (2) extending the service lines to the property and (3) providing the meter yokes, tiles and covers for the water City charges a fee for use of the meter and the amount ch on the number and size of meters required. As I mentioned on the telephone this morning, I woul mechanical engineer to visit with our Waterworks Superint concerning size, number and location of the meters. Also earlier, it may be appropriate for you to have a separate outside wash slab that drains into your on-site disposal meter would eliminate sewer use charges being assessed on wash slab. Have your mechanical engineer visit with Bruce also. rs. The is based ourage your t, Bruce Stuart, we discussed r for your m. This separate water used on the ut this matter The determination of sewer and water assessment fees is, in some cases a bit. arbitrary, although we try hard to correllate the assessment as close (2) as possible to projected water usage. To provide a user with the fairest assessment possible our ordinance allows us to review the customers water usage on an annual basis, or more often ifnecessary, to see how the projected usage compares to the actual. Adjustments, up or down, can then be made to the amount originally assegsed. We look forward to having you in our community. If you have any questions about the sewer and water assessment fees or!anything else I can help you with please call. Si erely, I Gary D. Smith, P.E. City Engineer c.c. City Clerk Stuart Ward MERIDIAN CITY COUNCIL JANUARY 20, 1986 PAGE # 2 Motion Carried: All Yea: CJ Item #2: Transfer of Beer & Wine License Farmers Club: Mayor Kingsford, Chief Porter do you have any problems with this? Porter, I have checked this out and found nothing derogatory. The Motion was made by Giesler and seconded by Brewer t transfer the beer and wine license of the Farmers Club from Pat Rogers to Authur Moore: Motion Carried: All Yea: Item #3: Audit Report: Mayor Kingsford, I would like to defer this item until the next meeting. We visited with the auditor tonite and believe it would be in the best interest of the City to have an explanatory note added •to the report. The Motion was made by Brewer and seconded by Giesler to table this item until the February 3, 1986 meeting. Motion Carried: All Yea: Item #4: Amended Ordinance #459: Mayor Kingsford, this is a amended Ordinance on the Terteling Trust Annexation , Mr. Smith will you explain the correction?I Smith, the ending of the description did not end up back at the point of beginning. Mayor Kingsford, an Ordinance amending Ordinance #459 which Ordinance annexed and zoned a part of the Southwest Quarter, Section 18, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho: and providing an effective date, is there anyone in the audience who wishes Amended Ordinance #459 read in its entirety? There was no response: The Motion was made by Tolsma and seconded by Brewer that the rules and provisions of 50-902 and all rules and provisions requiting that Ordin- ances be read on three different days be dispensed withiand that Amended Ordinance #459 be passed and approved: Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #5: Ordinance #461: Rezone of Faye Brewer Property# Mayor Kingsford, An Ordinance amending and changing thel,zoning of certain real property which is part of Blocks 2 and 3 of the amended plat of F.A. Nourse's third addition to Meridian, Ada County, Idaho, also known as 1303 East First Street, Meridian, Idaho., is there anyone in the audience who wishes Ordinance #461 read in its entirety There was no response. AMBROSE, FITZGERALD A CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 i AMENDED ORDINANCE NO. 459 TERTELING TRUST #7 ANNEXATION AN ORDINANCE AMENDING ORDINANCE NO. 459 WHICH ORDINANCE ANNEXED AND ZONED A PART OF THE SOUTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described as follows: TERTELING TRUST #7 Beginning at the south 1/4 corner of !Sec. 18 T. 3N. R 1E., B.M., a bronze cap in a concrete post, in ',Ada County, Idaho; THE REAL POINT OF BEGINNING; thence S 89142' 17" W 685.39 feet along the south boundary of the SW 1/4 of Section 18, T. 3N., R. 1E., B.M. to alsteel pin; thence N 00 45' 17" E 1075.09 feet to a brassl,cap in a concrete post located on the southerly right of way ',line of Interstate AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 8.9842 Telephone 8884481 Highway 84; thence N 890171 03" E 478.04 feet along the south side of the right of way of Interstate Highway 84 to a !brass cap in a concrete post; thence S 720 52' 15" E 42.52 feet along the sleuth side of said right of way to a brass cap in a concrete post;' thence S 89034' 12" E 100.00 feet continuing along the south side of said right of way -to a brass cap in a concrete post; thence N 680 37' 43" E 53.85 feet a brass cap in a concrete post on said right of way line; thence S 89034' 12" E 12.0 feet to a brass cap in a concrete post on said right of way line; thence S 00 30' 17" W 1083.75 feet along the Oenterline of said Section 18 to THE REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED BY !THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows- C -G General Retail and Service Commercial. Section 2: That this Ordinance doeslnot supercede the record, particularly the Findings of Fact sand Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein:. Section 3: That the City Clerk shall ause one (1) copy of the legal description and map which shall plainly and clearly AMBROSE, FITZGERALD & CROOKSTON Attomaye and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 • ® III designate the boundaries of said property, to!, be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the',effective date of this Ordinance. Section 4: There being an emergency,lllwhich emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the city Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this � � day of January, 1986. APPROVED: MAYOR,IGRANT P. KINGSFORD ATTEST: V r I CITY CLERK, ACK NIEMANN r NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will holdl',a public hearing at the Meridian City Hall, 728 Meridian Streets Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November!,18, 1985 for the purpose of reviewing and considering the Application of Terteling Trust #7 for annexation and zoning of the fol; lowing described property located North of Overland Road in the''isouthwest corner of Section 18, T. 3N., R. 1E.0 B.M.; the zoning requested is OC -G" Commercial; a more particular description of the above property is on file in the City Clerk's office 'land is available for inspection during regular business hours. NOTICE IS FURTHER GIVEN, that at the above date, time and place the City Council will conduct a public!, hearing on the. Application of Terteling Trust $7 for a variani'ce from Section 11-2-408 8 and other Ordinances of the Ordinances of the City of Meridian which require that development in the C -G zone be connected to City water and sewer; the Application's justification for the variance is that the property is located south of I-84 in an areas where the City does not presently MBROSE, ZOERALD +OOUTON ) Boa 427 JIM WNW 03042 -MOM0441 ABROGF, ®EFLAw 100KOTero 'raw urtplm aux QF 1140,1409 +a.� -a01 • • provide water or sewer services. Public comment will be taken and is welcome. DATED this4p day of October, 1985. n/ City k AI A ERIDIAN CITY COUNCIL DECEMBER 2, 1985 PAGE # 3: street light installations under/our current Ordinance, if we grant this certainly we will have other, developers requesting that we grant Variance for the same thing, we have approved of a concept plan several years ago on this development and if it were to run through the whole development there would be continuity in not having street lighting, with the cost of street lighting to the City, it might be down the road with the tight budget constants this could be a low priority iteir.'. I know several -. Cities have evaluated this and turned off every other light. There are several ways to look at it, my recommendation would be that we go ahead and grant the Variance for this development but make it clear that it is not our intention to vary from the Ordinance as a general rule, but it is the Councils decision to make. Myers, I think it is the only way we can go because of the concept of that area, the concept of the whole area out there was designed that way and if it was still the same developer it would be that way. I think the continuity is very important to keep that way. There was discussion on,how the yard light could be policed as far as making sure they were maintained and also discussion on not have a separate switch for the yard lights, they be strictly on a photo -cell. It was the decision that this would have to be in the form of an Ordin- ance as the Electrical Code does not speak to this subject and the Ord- inance would be only where a Variance to the Street Light requirement had been granted. The City Attorney and Electrical Inspector are to proceed with this matter. The Motion was made by Myers and seconded by Tolsma that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclus- ions as prepared on the Kent Barney Variance. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Giesler and seconded by Myers that the Variance request by Kent Barney.be granted under the conditions as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: Item #4: Ordinance #459: Annexation of Terteling Property: Mayor Kingsford, this is the annexation which was approved at the last meeting and tonite we have the Ordinance. An Ordinance annexing and zoning certain real property which is described as a part of the South- west Quarter, Section 18, Township 3 North, Range 1 East, Boise - Meridian, Ada County, Idaho and providing an effective date, is there anyone present who wishes Ordinance # 459 read in its entirety? There wat no response. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Number 459 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: OFFICIALS JACK NIEMANN, City Clerk A. M. KIESERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Pollee Chief GARY SMITH, City Engineer HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridien Street MERIDIAN, IDAHO 83842 Phone 8881/433 GRANT P. KINGSFORD May - December 4, 1985 COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOBSPENCER Chairman Zoning & Planning Mr. R. Clair Miles Terteling Trust #7 1755 Westgate Drive Boise, Idaho 83704 Dear Mr. Miles, At the regular Meridian City Council Meeting held on December 2, 1985, City Ordinance #459 was passed.and approved annexing the property which was requested by your firm. Attached you will find a copy of City Ordinance #459. Sincerely, Jap�Yem C'ty C 1 e ty o'Meridian, Id. PC; File L I MOROSE, rLOERALO 140OKSTON -.men V4 •.Hnatim Wit 101 3442 "Rneftlawi ORDINANCE N044!r9 TERTELING TRUST #7 ANNEXATION AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE SOUTHWEST QUARTER, SECTION 181 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. , WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: TERTELING TRUST #7 Beginning at the south 1/4 corner of Sec. 18, T. 3N. R. 1E.1 H.M., a bronze cap in a concrete post, in Ada County, Idaho; thence S 89042' 17" W 685.39 feet along the south boundary of the SW 1/4 of Section 18, T. 3N., R. 1E., B.M. to a steel pin, THE REAL POINT OF BEGINNING; thence N 0045' 17" E 1075.09 feet to a brass cap in a concrete post; thence N 89017' 03" E 478.04*feet along the south side of the i MOROSE, ZOERALD 1+OOKOTON U,IIMWn vb ��ien. I�Itp no "a pie • • right of way of Interstate Highway 84 to a brass cap in a concrete post; thence S 72052' 15" E 42.52 feet along the south side of said right of way to a brass cap in a concrete post; thence S 89034' 12" E 100.00 feet continuing along the south side of said right of way to a brass cap in a concrete post; thence N 680 37' 43" E 53.85 feet a brass cap in a concrete post on said right of way line; thence S 89034' 12" E 12.0 feet to a brass cap in a concrete post on said right of way line; ' thence S 00 30' 17" W 1083.75 feet along the centerline of said Section 18 to THE REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: C -G General Retail and Service Commercial. Section 2: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1985. ATTEST: CITY CLERK, JACK NIEMANN MBROSE, �IOERALD mOOKSTON .rcn��land „unaslan r Boa 177 ,Lan. Idaho 43412 m9SM-4101 APPROVED: MAYOR, GRANT P. KINGSFORD r 'ABN08E, 2QEFALD VOKSTON ,rim" WW JunteR n 1 DUN 491 Man, Idi" EIU" STATE OF IDAHO, ) County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE SOUTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the day of , 1985. DATED this day of , 1985. City Clerk of the City of Meridian, Ada County, ID. STATE OF IDAHO, ) County of Ada, ) On this day of, 1985, before me, d, the undersignea Notary Public in and for the said State, personally appeared JACK NIEMANN, known to me to be the person who subscribed his name to the within and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal the day and year in this certificate first above written. SEAL Notary Public for Ida o Residing at: Meridian, ID MERIDIAN ,CITY COUNCIL NOVEMBER 18,1985 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: Others Present: Roy Porter, Gary Schaffer, Roberta Lytle, Gary Smith, Kenny Bowers, Bob Spencer, Clair Miles, Clyde Weber, Wayne Crookston, Gerald Vorlicky, Ronda Lowe, The Motion was made by Myers and seconded by Giesler to approve the minutes of previous meeting held November 4, 1985 as written: Motion Carried: All Yea: The Motion was made by Brewer and seconded by Myers to approve the Minutes of the Special Meeting held November 6, 1985 as written: Motion Carried: All Yea: ` Item #1: Public Hearing: Annexation & Zoning Request with Variance by Teretling Trust #7: Mayor Kingsford, is there someone present to represent this request? Mr. Clyde Weber, Architect of Design West was representing the Teretling Trust #7 in this request. Mr. Weber, we are requesting Annexation and CG- Zoning on approximately 16 acres of land located East of Meridian Road and North of Overland Road. This property extends from Overland Road to the Freeway. We are also requesting a Variance from the City Ordinance's which require City Water & Sewer be extended to the property 'as the cost of the extension across the Freeway is not feasible. Mr. Weber referred to the proposed site plan and explained to the Mayor and the Council how the property would be developed. Mayor Kingsford, any questions of the Council? Councilman Brewer, I am personally quite excited about this project, I would like to see us make a move like this across the Freeway, if we could get some more firms of this caliber we could get the Sewer and Water across the Freeway, I want to be positive about this project. Councilman Tolsma, you are going to do truck maintenance to, aren't you? Weber, that is correct, currently we are showing a truck engine main- tenance shop on this side of the building, that has been anticipated there is a chance this might be left off, we are not sure as yet. Councilman Myers, what has transpired with the Central District Health on the sewer and etc.? 1 CITY COUNCIL NOVEMBER 18, 1985 PAGE # 2: Weber, they have done some testing and indicated because of the high ground water an alternative system would be needed and allowed by them if it was designed properly, we are talking about a mound system. Myers, if down the road a few years sewer and water were to be extended across the Freeway would you have a problem helping defray the cost of this and hooking up to this sewer and water? Weber, our understanding is that we would be joining the Sewer District and when the assessed valuation is great enough to extend these services we are prepared to share in the cost. We would prefer to go one system or the other but under the circumstances there is not much choice. Mayor Kingsford, has there been any contact with other parties over there and yourself with regard to running this at this time, rather than the cost of the other system, which would be abandoned at later date? Weber, I can not address this at the present time maybe Mr. Claire Miles the Manager of Western State Equipment can address this. Mr. Miles, we have not been contacted by anyone, but would be happy to meet with any other parties and expend the monies for extension of the sewer & water rather than the alternate system. It is estimated this alternate system will cost around $30,000.00. Mayor Kingsford, is there any other comments or questions of the Council, if not at this time I will open the Public Hearing, is there anyone in the audience who wishes to comment on this? There was no response. The Public Hearing was closed.Council Members what is your pleasure? The Motion was made by Giesler and seconded by Brewer that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclusion as prepared for the Planning and Zoning Commission on the Annexation and Zoning request and also adopts and approves the Findings of Fact and Conclusions on the Variance request by Teretling Trust V. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Tolsma and seconded by Brewer to approve the Variance request by Teretling Trust #7: Motion Carried: All Yea: The Motion was made by Myers and seconded by Giesler to approve the Annexation and Zoning of CG request by Teretling Trust #7: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Myers to have the City Attorney draw up an Ordinance for the next City Council Meeting for the Annexation and Zoning of the Teretling Trust #7 property. Motion Carried: All Yea: • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF TERTELING TRUST NO. 7 FOR A VARIANCE The above entitled variance request having come on for consideration on November 18, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for November 18, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 18, 1985 hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-9-612, 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. ABRO&E, 'GERALD 0OKSTON •nap and P1n0flM 110b 421 1"", tdsRii :trL4lii .n. ElftdMi 8ROSE, UERALD )OKSTON net's and •n1610 S flux 477 •yen• WON �R117 u u 3. That the Ordinances of the City of Meridian require that all land zoned C -G, General Retail and Service Commercial be connected to the City water and sewer systems, 11-2-408 H 8 Compiled Ordinances of the City of Meridian. 4. That the Applicant's land is not presently served by the Meridian City water or sewer systems nor are there plans in the immediate near future to serve Applicant's land as it is located south of I-84. 5. The Applicant's land is located in the Meridian Sewer and Water District; that said district does not, however, provide central sewer or water to service to any lands situated within its district; that the Meridian Sewer and Water District does not presently have the facilities to provide water and sewer services. 6. That the cost of connecting Applicant's land and proposed buildings would not be economically feasible if Applicant were to bear the sole burden of the cost. 7. That the Central District Health Department will have some impact in and must approve Applicant's proposal for private sewage facilities. B. That the testimony at the public hearing was not unfavorable to the granting of the variance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have IBROSE, 'UERALD t)OKSTON nova and 0"N 441 an,1JW* "IN44 ,­ 666 4M1 LJ F_-I LJ been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That there are special circumstances and conditions affecting the property such that the strict application of the provisions of the Zoning Ordinance would be impracticable and unreasonable. 6. That strict compliances with the requirement that Applicant connect its land to City water and sewer would result in extraordinary hardship to the Applicant because of conditions that are not self-inflicted. 7. That the granting of the variance will not be detrimental to the public's welfare or injurious to other property in the area where the Applicant's property is located, provided the requirements of the Central District Health • Department are met. 8. That the variance will not have the effect of altering the interest and purpose of the Zoning Ordinance and of the Meridian Comprehensive Plan and will likely further their goals. 9. That this variance shall be personal to the Applicant and shall not be transfered to another parcel of property or to another individual. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Geisler Voted Councilman Myers Voted Councilman Tolsma Voted Councilman Brewer Voted Mayor Kingsford (Tie Breaker) Voted APPROVED: DISAPPROVED: 1 EROSE, !GERALD OOKSTON meye ww dneewm Unll 421 'roll, 10" WA/ Special Meet • of Meridian Pl & Zon October 28, 1985 Meeting called to order.by Chairman Bob Spencer at 5:30 p.m. Members Present: Walt Morrow; Moe Alidjani; Jim Johnson, Jim Shearer; Tom Cole: Others Present: Gary Schaffer; Clair Miles; Wayne Crookston; Terrill Howard; Clyde Weber: Item #1: Findings of Fact & Conclusions on Request for Conditional Use Permit for Samuel & Roberta Lytle: Chairman Spencer, are there any comments or questions of the Commission? There was no Response. The Motion was made by Morrow and seconded by Cole that the Meridian Plan- ning and Zoning Commission hereby adopts and approve the Findings of Fact and Conclusions on the Lytle application as prepared by the City Attorney: Motion Carried: Roll Call Vote: Morrow, Yea: Alidjani, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: The Motion was made by Alidjani and seconded by Morrow that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit request- ed by the Applicant for the property described in the application under the conditions stated in the Findings of Fact and Conclusions: Motion Carried: All Yea: Item #2: Findings of Fact and Conclusions on Request for Annexation and Zoning by the Terteling Trust #7: Chairman Spencer, are there any comments or questions of the Commission? There was no response. The Motion was made by Morrow and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions on the Terteling Trust #7 as prepared by the City Attorney: Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Yea: Johnson, Yea: -Alidjani, Yea: Morrow, Yea: The Motion was made by Morrow and seconded by Shearer that it is hereby recommended that Applicant's property be annexed and zoned C -G, provided the City Council approves of a variance from 11-2-408 8; that the Appli- cant be required to meet the requirements of the Ada County Highway Dist- rict and the Central District Health; that the development be subject to Site PLanning Review; that a long term agreement on sewer and water be encouraged between the Applicant, the City and the Meridian Sewer and Water District; and that the property be subject to the Ordinances of the City of Meridian. Motion Carried: All Yea: *MERIDIAN PLANNING & ZO G OCTOBER 28, 1985 PAGE # 2: The subject of the Faye Brewer Application was brought up and the problem that has arisen with the Valley News not publishing the notice for hearing on November'12, 1985 and if the Commission should have a Special Meeting to hear this Application as it was through no fault of the City or Mrs. Brewer that hearing would have to be delayed: The Motion was made by Morrow and seconded by Alidjani that the Meridian Planning & Zoning Commission hold a Special Meeting on November 19, 1985 at 7:30 p.m to hear the Brewer Application for a re -zone. Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made by Cole and seconded by Johnson to adjourn at 5:35 p.m.: Motion Carried: (Tape on file of All Yea: these proceedings) APPROVED: BOB SPENCER, CHAIRMAN Jack N , City Clerk pc: Mayor & Council P & Z Commission Atty., Eng., Fire Police, Ward, Stuart Mitich, Keibert, Hallett, Valley News Statesman, ACHD., ACC., CDH., ACZ., NIMD. APA Mail (3) File (3) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30, o'clock p.m. on November 18, 1985 for the purpose of reviewing and considering the Application of Terteling Trust #7 for annexation and zoning of the following described property located North of Overland Road in the southwest corner of Section 18, T. 3N., R. 1E., B.M.; the zoning requested is "C -G" Commercial; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. NOTICE IS FURTHER GIVEN, that at the above date, time and place the City Council will conduct a public hearing on the Application of Terteling Trust #7 for a variance from Section 11-2-408 8 and other Ordinances of the Ordinances of the City of Meridian which require that development in the C -G zone be connected to City water and sewer; the Application's justification for the variance is that the property is located south of I-84 in an areas where the City does not presently AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884181 provide water or sewer services. Public comment 'will be taken and is welcome. DATED this day of October, 1985. Jack N emann, AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 . Telephone 888.4481 ty Clerk 3 1 RROSE, 'GERALD )OKSTON nays and nselora fio% 117 , Idaho W.I -u W IIBI 0 • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION THE TERTELING TRUST #7 ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation and zoning application having come on for consideration on October 15, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning I Commission makes the following: I FINDINGS OF FACT I 1. That notice of the public hearing on the annexation and zoning use was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 15, 1985, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the October 15, 1985 hearing; that copies of all notices were made available to newspaper, radio and television stations. 2. That notice of the public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E, MOROSE, ZGERALD +OO1STOd ,n epwW 'unwom Revised and Compiled ordinances of the City of Meridian; that this requirement has been met. 3. - That the Planning and Zoning Commission (P & Z Comm.) received both oral and written testimony. 4. That the property included•in the Application for Annexation and Zoning is described in the application, and by this reference is incorporated herein; that the property is generally described as being in the southwest quarter of Section 18,0 Township 3 North, Range 1 East of Boise -Meridian. 5. That the Applicant is the Terteling Trust #7; that the owner of the parcel is Thomas Farms, LTD., a limited partnership. 6. That the property is presently zoned by Ada County as AP -2. 7. That the property is adjacent and abutting to the present City limits. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. That the Application for annexation requests that the parcel be annexed and zoned (C -C) Community Commercial but which request has been changed to '(C -G) General Retail and Service Commercial with the proposed use being a corporate headquarters for Western States Equipment Company including sales and ABROBE, LOERALD 10OKSrmr ,mqn am &N w► AM, wino �4% 491441 n U • servicing of Catepillar Tractor Equuipment. 11. That the Applicant is not the owner of all the property contained in the annexation and zoning Application; that the Applicant does contain requests for annexation and zoning by the owner; that the owner of the parcel involved in the annexation has requested to be annexed and zoned by the City and the City, if it does annex the property involved, would be doing so at the owner's request and the City would not be taking any unilateral action to annex said parcel. 12. That the property is contained in the Mixed Use Area between I-84 and Overland Road as shown on the Meridian Policy Diagram of the Comprehensive Plan; that the Comprehensive Plan states at page 22 regarding the mixed use area: "Probable mixed -uses for the areas could be service commercial, combined higher and medium density residential, open space uses (as a means to buffer highway noise), motels and industrial." 13. That the parcel is contained within the Meridian Sewer and Water District; that said District does not have facilities to provide sewer and water services; that a letter from the President of said District which states the District is "very willing to support and cooperate with the City of Meridian and Terteling Trust #7 to accomplish and complete this request"; that Section 50-224 upon annexation' by a City of land contained in another taxing district which provides the same or similar services, the land is relieved of taxes or assessments in that MORON, TZOHRALD ROOKMION fug v1d uYRpIpH I Boa 427 Alan, IgUAo Ono -"S"441 • taxing district; however, that City water and sewer does not presently extend south of I-84 and is therefore not presently available to the parcel; that if Applicant desires City water and sewer services, it would be its responsibility to extend those services to the parcel. ' 14. That the Central District Health Department (CDHD) submitted a two Review Sheets regarding this Application; the first one dated 9-25-85 indicates that CDHD could approve the request with a central water system or an individual water system; that the second review sheet dated 10-11-85 indicates that the ground water is too high to allow sewerage to be provided by a convential subsurface septic system but that an alternative sewerage system could be used; that an alternative system would have to be designed by an engineer or qualified person and must comply with all applicable design criteria; that the alternative system must be reviewed and approved by CDHD prior to issuance of a sewage permit. 15. That the Ordinances of the City of Meridian require that once a parcel of property in the City comes within 300 feet Of City water and sewer it must be connected to City water and sewer. 16. That the Ada County Highway District (ACHD) submitted recommendations pertaining to ACHD requirements; that said comments and recommendations are incorporated herein by this reference as if set forth in full hereat. -ABRM ZGFRAW i00KWQN )""&V 1 BMW �d1an, K%W 6*0 wMatMR1 • • 17. That the purposes in the proposed zone of "C -G) General Retail and Service Commercial is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed Commercial Uses which are auto.and service oriented and are located in close proximity to major highway or arteriel streets; to fulfill the need for travel -related services as well as retail sales for the transient and permanent motoring public," 11-2-408 8, Meridian Zoning Ordinance. That section also requires that property zoned C -G be connected to Municipal Water and Sewer and not constitute Strip Commercial Development. 18. That there was not testimony, oral or written objecting to the Application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the applicant's property. 2. That the City has authority to annex land pursuant to 50-222, Idaho Code; that excerise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged the annexation and zoning application by the guidelines, standards, +EROSE, ?GERALD 4OOKSTON IftoYal" -unMNpry 9Q14" uen, UW#o ea,* Q ,"4184401 criteria, and policies contained in Section 50-222, Title 67, chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, and the record submitted to it and things of which it can take judicial notice. 4. That the Commission may take judicial notice of it own and the City Council's proceedings, governmental statues, ordinances, and policies, and of actual conditions existing within the City and State. 5. That all land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by the Applicants and the owner of the parcel and is not at the request or initiation of the City of Meridian. 7. That the annexation is in compliance with the Meridian Comprehensive Plan. 8. That the zoning of C -G is in compliance with the Meridian Comprehensive Plan and the Zoning Ordinance except for the requirement contained in Section 11-2-408 8 which requires that land zoned C -G be connected to municipal water and sewer= that the Applicant would either be required to extend City sewer and water to its land or request a variance from Section 11-2-408 8 so that the zoning and development would not be in violation of the Zoning Ordinances. 9. That since the land is presently in the Meridian Sewer d®RO88, IGURALO iOOKBMN ,F" end 'Nn"Wo 86M ei • 0 Planning Review provision as part of the Zoning Ordinance; Section 11-2-410 C SITE PLANNING REVIEW; that any development should be subject to site planning review. 16. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicants property should be annexed and zoned, provided a variance is requested from Section 11-2-408 8 and that such is in the best interest of the City; that the conditions of the annexation and zoning should be those contained in the following Recommendation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL Commissioner Cole Voted .p Commissioner Shearer Voted Commissioner Johnson Votedj� Commissioner Alidjani Voted �QC Commissioner Morrow Voted Chairman Spencer (Tie Breaker) Voted MORM meULD '40"T" 0"T " ,.„"No .,wroWm @" at «4s "8441 0 • RECOMMENDATION It is hereby recommended that Applicant's property be annexed and zoned C -G, provided the City Council approves of a variance from 11-2-408 8; that the Applicant be required to meet the requirements of the Ada County Highway District and the Central Health Department; that development be subject to Site Planning Review; that a long term agreement on sewer and water be encouraged between the Applicant, the City, and the Meridian Sewer and Water District; and that the property be subject to the Ordinances of the City of Meridian. MOTION: ABROSE, IGERAID 1®OKSTON ,me" And a,nplft as 481 +t.n, Id" crow ,„geU4Mt APPROVED: -UL� 2 DISAPPROVED: N ft - NOTICE NOTICE OF SPECIAL HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a special meeting at 5:30 o'clock p.m. on October 28, 1985, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering and taking action on the Findings of Fact and Conclusions pertaining to the Terteling Trust #7 request for annexation and zoning of the property located North of Overland Road in the southwest corner of Section 18, T. 3N., R. 1E., B.M., and the Findings of 'Fact and Conclusions pertaining to the Samuel and Roberta Lytles Conditional Use request for 1440 West cherry Lane, parcel #6280 of the SW1/4 SW1/4, except R/W, section 1 3N.,, 1W., a more particular description of the above propertys are on file in the City Clerk's office and is available for inspection during regular business hours. No public comment will be taken or heard. DATED this rC� day of October, 1985. ac* N- effianrY, Citv Cler AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884461 MERIDIAN PLANNING & ZONING OCTOBER 15, 1985 Meeting called to order by Chairman Bob Spencer at 7:30 P.M.: Members Present: Walt Morrow; Moe Alidjani, Jim Johnson, Jim Shearer, Tom Cole: Others Present: L. G. Hawley, Kathleen Hawley, Gary Schaffer, Roberta Lytle, Sam Lytle, Bill Nary, Clyde Weber, Clair Miles: The Motion was made by Morrow and seconded by Cole to approve the minutes of the regular meeting held September 9, 1985 as written: Motion Carried: All Yea: The Motion was made by Morrow and seconded by Alidjani to approve the minutes of the special meeting held September 23, 1985 as written: Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Cole to approve the minutes of the special meeting held September 30, 1985 as written: Motion Carried: All Yea: j Item #1: Annexation & Zoning Request by Cecil Thomas & Terteling Trust #7:) Chairman Spencer, this is a Public Hearing and the hearing will be conducted under the rules of City Ordinance #446: Chairman Spencer opened the Public Hearing: Is there someone present to represent this request? Mr. R. Clair Miles, 530 Bighorn Drive, Boise, Idaho 83709 was present. Mr. Miles was sworn by Chairman Spencer. Mr. Miles, I am Vice President and General Manager of Western States Equip- ment Company, the State of Idaho has condemmed the property that we present- ly occupy on Fairview Avenue and served notice that we need to be out of I,- :` this location by June 30, 1987. It is our desire to move our corporate headquarters to this property we are requesting annexation and zoning for. We do business in four states and look forward to coming to Meridian and should bring about 125 jobs. There were no questions of Mr. Miles and he advised the Commission Mr. Clyde Weber, Architect was also present and would explain the concept plan . Mr. Clyde Weber, 5155 No. Leatherplace, Boise, Idaho 83704: Mr. Weber was sworn by Chairman Spencer: Mr. Weber, I have here a copy of the drawing which was delivered earlier to City Hall for your review prior to the meeting, we are looking at a fairly large parcel of property with approximately 600 feet of frontage on Overland Road on the South and the Freeway on the North. The proposal is for one large building with a single large main entry.. MJERIDIAN P & Z: • OCTOBER 15, 1985 • PAGE # 2: There will be employee parking to the left of the entrance and visitor and customer parking to the right. There will be a security gate that will keep persons from entering the balance of the property.which will be fenced. Mr. Weber went to explain which areas would be paved and which would be concrete. Mr. Weber explained the rest of the concept as shown on the drawing with regard to location of the different buildings, display areas and landscaping. The Company wants to make a nice front door and also a nice area along the freeway. We will fence the ditch on the East Boundry and leave that ditch open. As far as utilities are concerned the biggest item would be water and sewer which are not provided by the City on this side of the Freeway, therefore we are proposing that the City allow for a septic drain field for sewage and probably for a well for water. I will be happy to answer any questions you gentlemen have . Alidjani, is there any well or any existing water system available at this time? Weber, there are two existing homes on the property at this time with wells, these homes would be removed whether the wells are large enough for this project is not known at this time. Spencer, have you seen Central District Health's latest comments? 1 Weber, Yes, the indication is that we have a high water table in this area, which was just checked, they are recommending that a septic system be allow- ed as long as it is an alternate type system, this would probably mean a mound type system with a lift pump. We have no problem with this, I have been involved in several projects between Boise and Meridian where this has been the case and they work fine. Johnson, how many acres are we talking about? Weber, 16h, there is one acre on the West boundry that has already been annexed and the rest is in the County. Morrow, from my point of view I do not see any problem with either the septic system or the well, it looks like a good project to me and I think it would behoove us in Meridian to have this project. Spencer, for the record the orginal application requested a CC Zone, the application you are requested is not allowed in this zone, I have before me a letter dated the 23rd of August where you requested a CG Zone, which allows this useage, is that correct? 11-1 Weber, Yes. Johnson, I think this is the type of thing Meridian needs and the jobs it creates in the Meridian area. Spencer, have you reviewed the comments from Ada County Highway District? Weber, Yes and we have no problems with their comments. Cole, I agree with the comments, it would be great for Meridian, the only r e MERIDIAN P & Z. OCTOBER 15, 1985 PAGE # 3: problem I can see and it is not their problem that they are creating it but sooner or later it is going to develop on that side of the Interstate and somehow sooner or later you are going to have to get sewer and water over to that side and I realize this is not a large enough development to handle entension on their own, but sooner or later when it is extended over there they are going to bend.fit from it, I think some policy ought to be established or something for a fund that development puts into for cost of the extension. I think the City needs to set some kind of a policy. Morrow, I believe that the late comers charge or the participation program that was recently passed by the City Council covers those kinds of things. Whoever extends it out there, whoever else joins on pays their prorata share. There was discussion on what the enforcement on something like this would be.There was also discussion on the subject of establishing a fund. Spencer, is there anyone else in the audience who wishes to comment on this application? There was no response. The Public Hearing was closed. Alidjani, I have one other question, what is your timetable for construction? Weber, we would have to start construction in April in order to be out of our present location by June 30, 1987. The Motion was made by Morrow and seconded by Cole to have the City Attorney prepare Findings of Fact and Conclusions. Motion Carried: All Yea: The Motion was made by Morrow and seconded by Shearer that the Findings reflect a pos-itiVe recommendation to the City Council. Motion Carried: All Yea: Item #2: Public Hearing: Conditional Use Permit by Roberta Lytle for Home Beauty Salon. Spencer, this hearing will be conducted under the provisions of City Ordin- ance #446, is there anyone present to represent this request? Roberta Lytle, 1440 West Cherry Lane , Meridian, Idaho: Mrs. Lytle was sworn by Chairman Spencer: Mrs. Lytle, I am here requesting approval to place a Beauty Salon in my home at 1440 West Cherry Lane, I placed a drawing in my application show- ing my location, I do have sufficient parking and I have no objections from the people around me. Spencer, you do understand there will be additional hookup fees? Mrs. Lytle, yes this was made quite clear. Shearer, there will not be any changes to the exterior of the house? 11 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 o'clock p.m. on October 15, 1985 at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the application of the Terteling Trust #7 for Annexation and Zoning of real property; said property being located North of Overland Road in the southwest corner of Section 18, T. 3N., R. 1E., B.M.; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Any and all interested persons may testify at the hearing. DATED this' day of September, 1985. acx Nann, AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. 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