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HomeMy WebLinkAboutWinston Moore Overland Property Rezone City of Meridian Planning and Zoning Commission Meridian City Council Meridian, Idaho Winston H. Moore (applicant) Boise, Idaho Gentlemen: Re: Request for rezone 5 acres north of Overland, west of Western States The undersigned hereby waives the notice requirements. regarding the Planning and Zoning Commission hearing held on February 27, 1990, and the corresponding City Council hearing held on April 17, 1990, concerning the above rezone request. Sincerely, THE TERTELING TRUST NO. 7 ~7 .~ ~~ _ BY ~/Or ~CQ ' ~ ~y Its T~zoSsc,~~ A ~? x. MooRE r n nn o n ni v Real Estate Development ry ee~ UJ .~.~- C7 w ~~ ~-e ,~,~ ~-- ~ t" `~~ ~~- ~-~ ~^~Q ~~ ~-e ~- emu,, c~~ ~~ ~ ~~,. ~b~ ~~ ~1J ~~ ~o~ WINSfON N. MOONE y~~7 f ~o .~~~- ~ ~~ City of Meridian Planning and Zoning Commission Meridian City Council Meridian, Idaho Winston H. Moore (applicant) Boise, Idaho Gentlemen: April ~, 1990 Re: Request for rezone 5 acres north of Overland, west of Western States The undersigned hereby waives the notice requirements regarding the Planning and Zoning Commission hearing held on February 27, 1990, and the corresponding City Council hearing held on April 17, 1990, concerning the above rezone request. Sincerely, GLENCO, INC. 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W ~~. ~~ X77 >+.~ W U~~I a W G~W]+O W W ~O y p ~Q, ~ 1 ^ hl~ HlO RC lO QN I F L' J o ~ < N ~ 2 N N N N N y _ °Jj W a O WIZ > 2 ~ ~~N y i• Z Q LL ° 5 N M a N ~O h e0 O~ O ti M ~i tea S j 0 H . i . . 'IIYM SS3N~C3 4PIY'43IdIZ1I7J "QO'~'43N[ISM'4'd~l'd.IS[:70N HOri 9861 'ldag'LLBf ~d 8d NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m., Tuesday, April 17, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-G) General Retail and Service Commercial to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED thi~f., day of March, 1990. Bp%42T 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., Tuesday, February 27, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/7_ of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-G) General Retail and Service Commercial to (I.l.) light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED thi s day of February, 1990. AMBROSE, FITZGERALO 6 CROOKSTON Attonwys en0 Couneebnl P.O. Box It] Merl0len, IEMo 89MY Telspnone 88B~eB1 Vance Cope 130 E. Overland Meridian, Idaho 83642 Winston Moore P. O. Box-8204 Boise, Idaho 83707 Thomas & Margie Cecil P. O. Box 8240 Boise, Idaho 83705 Paul & Sharon Buskey 485 E. Overland Road Meridian, .Idaho 83642 Clarence & Mabel IInbury 525 E. Overland Meridian, Idaho 83642 Patrick Thacker 165 E. Overland Meridian, Idaho 83642 Queenland Acres, Inc. 485 W. Overland Meridian, Idaho 83642 Steven & Marcia Anderson 1713 Country Terrace Way Meridian, Idaho 83642 Larry 6 Sandra Janzen 1675 Country Terrace Meridian, Idaho 83642 Stan & Marlene Strecker 1637 Country Terrace Meridian, Idaho 83642 Clark & Marian Wilkinson 11405 Morocco Rd., NE Albuquerque, NM 87111 Gary Albery 1674 Country Terrace Meridian, Idaho 83642 Aron & Sandra Tarrant 1636 Country Terrace Meridian, Idaho 83642 David Kline 1635 Gibson Way Meridian, Idaho 83642 r Marvin & Normal Rundell 1677 Gibson Way Meridian, Idaho 83642 Garry & Diane Street 1719 Gibson Way Meridian, Idaho 83642 Joseph Sirani 1718 Gibson Way Meridian, Idaho 83642 Victor & Diane Walstrom 1676 Gibson Way Meridian, Idaho 83642 Jay b Kathleen Stevenson 1634 Gibson Way Meridian, Idaho 83642 Bruce & Darachann Hes 1615 SE 3rd Meridian, Idaho 83642 Robert & Vickie Schuler 420 E. Antigua Meridian, Idaho 83642 Max & Sheila Dramstad 466 E. Antigua Meridian, Idaho 83642 IJ<< ~ .^~q ~,a s • ~. 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G ", A m n TTFFjj ~„ ~r+ rt w• ~ ~ Q ~ ~ ~+ ~A r s ~ .. ~~ a~ ~.~~I I I I I I I~ I i l l l l l l l I ~ ~~~~~~,~ ~~w ~~ ~ ~~~~~~s~~~~~ ~K~ ~ ~ ~ w r .. pi t1 ~o ~T O 8 _ R M 1'- 1~SS C M ~ ~~'8~ ~ '` "'" '* ~ ~• ~g+~ d R ~ m Q F'• !~ F+ P • K pW ~ ~ R ~ f~'- B a Q n ~ ~ ~ K~'~ ~ ~~ ~~ R ro y. ~~ w ~ ~ ~ a ~ ~ R ~" ~ v ~ ~~ ~~ ~~ y~ nn~ K m~ t'1 ~ ~ ~ rn~ ~ w~ x~ ~n ~ g ~ g ~~ ~ R g ag ~ 8 ~~ 0 ~~~~~~~~ R ~ ~~ ~~ ~~ ~~ ~~ ~ ~. ~~! i6^ i~ r m ~, .. 0 O t.rc~ M ~. a g G1 ~~ ~, N r 0 p~ 2 E r 00 N 0 ~S MEMORANDUM OF EXPLANATION AM9ROSE, FITZGERAlO a ctmoresroR Attorneys ana GOUO9810r8 P.O. BOt 427 Meritlian, ItlA~o 93602 TsleP9one 899/091 T0: Property owners within 300 feet of the Applicant's property FROM: Jack Niemann, City Clerk RE: Rezone Application of Winston Moore from (C-C) Community Business District to (I-L) Light Industrial for a portion of the S i/2 SW 1/4 of Section 18, T. 3N., R. 1 E., B.M., Ada County, Idaho The enclosed notice of hearing is being mailed to you pursuant to the requirements of the Zoning Ordinances of the City of Meridian. This is a hearing on a second application for the above rezone. You may, or may not, have previously been forwarded an earlier notice of hearing before the Planning and Zoning Commission regarding the original rezone application, as some property owners were inadvertently not notified of the original hearings. Also, as you may know, the original application was heard by the City Council on April 17, 1990, and the public hearing was continued to May 1, 1990, at 7:30 p.m, If Mr. Moore can obtain Waivers of Notice of the hearings before both the Planning and Zoning Commission and the City Council on the original application from those owners who did not receive notice, he has indicated he will withdraw this second application and the hearing will not be held. However, if the Waivers cannot be obtained this second application will be heard as set forth in the enclosed Notice of Hearing and your testimony is welcomed. If you did not previously testify at the Planning and Zoning Hearing on the original rezone application held February 27, 1990, or at the City Council hearing held on the original application on April 17, 1990, and wish to testify, or wish to testify again, you may do so at the May 1, 1990, City Council meeting since the hearing on the original application was continued to that date at 7:30 p.m. If the Waivers are not obtained Mr. Moore will have to start the procedure over again, which is why you are being sent the enclosed notice on the second application, and you may testify at the Planning and Zoning Commission hearing on May 8, 1990, as noticed and at a subsequent City Council hearing of which you will also be mailed a notice. If you have any questions regarding this Application or the procedure, please call me, Jack Niemann, City Clerk, at 888- 4433. APPLICATION FOR ANNEXATION APPROVAL 6 Meridian Plnn~ning t Zoning Commission Filing Information I. GENERAL ZNFORMATION W. H. Moore - Meridian Interchange Property. (Proposed Name of Sttbdivislon) Southeast corner I-84/State Highway 69 (General Location) See attached. (Legal Description - attech if lengthy) 323-1919 No. ) 11665 Thomas Drive, Boise, Idaho (Address) . H. Moore, Inc. 323-1919 8150 Emerald, Suite 140 (Address) 1 Strite, Architect, P.A. ^veyor or Planner) (Name) 336-8370 2660 Grover Court, Boise, Idaho 83705 (Address) Citv of Meridian Commercial/Industrial (Type of Subdivision-Residential, Commericial, Industrial) ,,, 5 Acres Acres of Land in Contiguous Ownership.. W.H. MOORE C O M P A N Y Real Estate Development 3ElEPHONE (ZOS13ulele 1 Esc 3zs7s73 5150 EMEIUEQ SUITE 140 (83709) Pa aD%Sal/ sasE, muro e3ro7-na February 1, 1990 City of Meridian Planning and Zoning Department 33 E Idaho Avenue Meridian ID 83642 Gentlemen & Ladies: Re: Re-zone request Please consider this as our request for an industrial zoning designation for the 5 acre parcel identified by the attached property description. Our request is made to accommodate a new regional facility proposed for Arnold Machinery Company, a Salt Lake City based firm specializing in the sales, servicing and rental of constructton, mining, industrial and farm machinery and equipment. Arnold Machinery was incorporated in 1929, is of very sound financial condttton, and employs nearly 200 people in Utah, California, Nevada, Wyoming and Idaho. The parcel is located about 500 feet west of Western States Equipment Company, the Caterpillar dealership. The planned facility will be similar in many respects to the Western States facility, and will otherwise be compatible with the evolving nature of the immediate vicinity. Although final agreement with Arnold has not been reached, we believe that, based on other interest in the parcel expressed by businesses similar in nature to Arnold, the best use of the property would be as permitted by the industrial zoning designation. Therefore, our request for re-zoning is not conditioned on Arnold's election to locate on this parcel. Thank you for your consideration. Sincerely, Winston H. Moore State of Idaho ) ss. County of Ada ) On this 1st day of February, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known to me to be the same person described in and who executed the within instrument, and be duly acknowledged to me that he executed the same. Nota lic for Idaho _ Resi at Ui ~ _ ~~/~Q Comm Expires /-' t?- - ~~8./~ -~ ~ ~-,.~~ %! ~0 -`~3 Roylance & Associates P,A, 4227 I'MefOltl. Boise, ItlQh0 9]7(X. 1.age1 beeerlption W.I1, Moore t?+•,tire Tract Engineers • Surveyors • LnnLll.liunrie+s lebphOne f).09) ]]6~739D MarOh 06, 1990 Project No. 979 A tract of Sand sStuaLed in tlw Suul6 1/2 of the 'southwest 1/4 of &ootion 10, Tawnellip 3 Nuxt L, kange 1 SAgt. 8o1ge Meridian, Ada Cuurlty, Td nl,u and more perciculnrly darurlbad nr tulluwal CommCTlCin~ At a brass cap marking the Southwest Curuex of Unvernment Lot 4 Of the Sotlt hwegt 1/4 of section le, chonc¢ North 89°-4]'-32" ttret 139].69 tact nlvuy LLe Rnuthorly boundary of t2le said Suut-+ 1/2 ut Ll+e $outhwggt 1/4 of secelon 10, which la also tlrvoeuLbrline of Overland ROa0 to a point, thence North 00'-44'-58" Eaet a distance of 25.00 faaL Lu a Yu1uL uq Lhe orlyinal norcherly right-ot-way of ea1A Overland Ruad, rn1Q yuinL being the POINT OF DRGINNING. Thence South 09°-43'-]?" WHaI a ui+:Lauua ut 248.26 foot alOny the said orlginal right-ut-wny ut Ovaxland Rvnd to a ~uiuL, Thence NOrih VO'-44'-5t!" l;aet n dletanCe Of IS.n0 feet to a point whloh is 40.00 feat northerly Ot thr centerline of cold Ovarlnud Runt, •3•henca North Er9'-43'-32" liAat a digtanOO of 20.00 Pant alOny 6Aid lino which la 40.00 Sant nurthaxly ut 0vos1anl Rva1 Lu a point o:[ CurVnture, '1•h coca nOrthe0etarly 4e.S9 feet along ttre axc: of a clruulnr uurva Lo Lhe 1efL, said ourv¢ having a central angle Of. B8°-50'-34", a radius of 3u.V0 foot, a chord bearing of North 43'-14'-15" East, o chord Alstance of 42.OS f.aat to a yuluL ut Lar,vency, T118noe North 00°-44'-SO°EAEt a dlstanup ut 150.81 taut Lu a l,uiuL ut CurvaLUre, •rhonce northerly a distance of e0.50 tact aluuy Lhe arc of aoirculnr curve to tLa late, sold curve having 8 Central angle Of 30°-4A'-SS", a radius of 150.00 leer, a chorA bearing of North 14°-:!'/'-11" West, a ctloYd dietanCe of 79.54 feet to a point of tangenoy, Thencs North ]0'-00'-00" Wast a :tlstarlc•a of 110.36 tort to r }luluL ~t rr usivaLUre, Thence northerly d distance Of 112.70 faY! alulry L11C err; of a ulruular uurve Lv Lhe Y1yht, Held eyrve riaving a oentral angle of JO"-44'-Se", e radius of 210.00 feet, A Chord b¢arinq of North 14°-37-'31" Weat, a ehorddietanca ut Pago 2 Legel Desori)•tion W.It. Moore L~ntire Trnct TLauua Nulth 00°-44'-98" &aet a diatanae of 122.70 ttltlt to a point of CUrVatuYe, Thence norLhwaaLnrly a Oitltance of 22,58 feet alonry the arc of a circular cua ve Lu C)~tl left, Baid CuYVe hnvinga central auryitl of 64°-37'-23", a radius of 20.00 fev~, a chord bearing of North :!1°-33'-44" West, a chord d1aLe„ue of 21.38 feet eo a point o! raverBed curvesuro, Thence norehsaaterly a ~1rCanutl of 213.47 feet along the eau of a Circular Curve to the right, said curve hovinq a oanLral auyla of 244°-37'^23", a radius Ot :.n.00 fret, a chord bearing of North 58°-26'-16" East, • chord dieLanue of 84.52 feet to a Aoint or tengency, TLenCtl North 00'^44'-5E" $ABt A distance Of 375.70 tawt to a point On the SoutheYly right-of-way of Ramp n-C of Interstate Nighway HV North, Federal Aid ProiecL Nu. I-BON-1(7A)g4, Thenee easterly alony raid Buutheriy right-of-way of Ramp a-C ut Interstate Nighway HV North, a distance oP 100.68 ttlnt along the arc o! a olreular~ourve to the right, Bald uut~vtl t~aving a central angle of OS"-76'-41", a radluB of 1tl94.H6 test, a chord Leeciuy of North 86°-28'-41" &aBC, a chord distance of 160.61 feat to a hlyhwey riyht-ut-wny monument, Thcnce Nuilh 89"-10'-53 BABt a distance Ot 65.66 feet alony Lhtl said southerly right-oi-way of Remp D-C of Inserateta Miyhwey 80 North to a point, Thti~un idavinq salA Beutherly right-of-Way line BuuLL 00°-44'-S8" Weac a dlBtance of 1047.33 feet to the POINT OF DLOINNING. The a,Luva mor0 Or 10;9, righes-of-way. treparoQ Dye dtlaCribed tYAC t'Of 14hd COntairi6 6.14 eCreH, suL_~hut Cu all eixlsting oasements and ROYLANCb 6 ASSVl1A'1'1:~ 4227 Enwrald noise, idahu 637 (208) 33ti-73`!U Y.A. Roylance & Associates P.A. n22r c.~,~,~,,1, avbd, ropho e3iao February 27, 1990 Frejett No. 973 Leye1 Ovrcription W.H. Meore 5.00 Aoro Tratt Engineers • Surveyors • Lantlpbnners telephone (208) 336.7390 A tract of .land blLUe tud in the South 1/L of Lhe Suuthwnet 1/4 of Section ltl, Township 3 North, Ranye 1 )±aaL, 8uiae Meridian, aAa County, Idaho and more perLlculn>.ly dnnvribed as follower Cemmenciny aL n Ltatia cap markl.ny the 5outhw68t Corner of Oevcrnmer',L LuL 4 of the SOUt hiJeat 1/A 6f 3eCtiOn 18, theme NurLh 89"-43'-32" Bast '1343.09 reef along the southerly boundary o! the said south 1/2 of the ApULllweaL t/4 ofseCtion 18, which 1e also the centerline pf Overland Rpad cu a point, [hence north UU'-44'-58" east a dlrLnnve of 40.01 feet to a steel pin nn the northerly x1,11,1:-uf-way of said uverlan<I Road also paid point being the FOINT OF 8602NNING. TAanae ai.,uLinuing North 00"-qq'-66" >;net a dl8tance of 10]2.]] fe@t t0 a Steel pin narking a pplnt On the iuulhurly right-ot-way line of Namp A-C of Interrstate Hiyhway OO North, Federal Aid t-r6ject No. I-80N-1(74)44, Tl, ar,uu South 89°-10'-SJ" West a distance oL' 6.66 Yeet alany Lhe auuLLurly right-of-way name H-c of xnLeraLaln H1yLwny 80 Norr.h to a highway rlgnt-of-way monument dell yuiuL buiny a point of curvature, TLeuue wertutly along said aoutherly right-or-day line of Rar„y B-C of Interstate Highway 80 North a dlatance of 180.68 teat along the arc of a circular cuxve Lu Lh¢ loft, acid curve having a Central angle of OS"- 36'-41", a radiuaof 16gq.B6 feet, n ullutd bearing South A6"-2R'-41" Weat, a Ct,utQ distance O! 180.61 feet, Thtuua luau ir,y aa1A aoutherly right-of-MAy south 00"-49'-S8" Wesc a diatanes Of 661.115 feet to a I+o int of ourvature, Thuuuae riuUtl,eatlterly a dlatanCa of AO.SO !@et Along Lhe are ut a ulx-uular ourve to the left, said Cur'+e having a central angle of 30°-44'-68", a radlua ul 1$0.00 feet, a chord bearing OL Suuttr 14°-]7'-3t" finaC, A C110Yd distance of 79.50 feet to a paint of tsngenoy, TLeuuu Suur.h 30"-00'-00" Best a dl4tahCtl Of 110.26 taut su a point of curvature, TLeuuu dOUCheaetezly a QSatanCO Of 112.70 feet along iLe art Of a circular curve to Lhe right,. Wald ~uivc Lnvlny ac encral angle of 30'-4q'-S8", Pape 2 LCpol Description W.H. Moere 5.00 Acre Tract South 14°-37`-31" fleet, a chord Q19tanCe o[ 111.33 feee co a point o! tangency, Thence Suutlr 00°-44'-SB" West a dlBtanCe of 140.GG feet to a yulnt of curvature, Thence sou4ltenatarly n OlatanCB Ot 47.bb legit along tho arc of a oixcular ~us~vu tO the left, eaid curve haviuy a u~ntral angle of 91°-I11'~26". a radius ut 30.00 feet, a chord bearing of 9ouih 44°-4S'-4S" anet, a ChOYd AiitanCe OY 42.R0 feet to a point OP eangenoyr Tlru rr i:a North a9•-43'-32" ICs st a dlatance of 108.24 fact along the northerly rlc1hc-of-Way oY Overland Road to the POIN2 OF BEOINNJNCa. The nbava dares-ibed tract of land contains S.uu scree, more or 1a.tr, rulrJect to all oxi;Ling eaeements and rlphts-of-way. Prepared by: ROYLANCL Q A58OCIAT66 F.A. 4227 emerel8 Boiss, ldaha 09706 (20A) 936-7390 ---- z ---- ~ -~-- -- - - IN ,, 1 ~1 FREEWAY INTERCMANOE :., << ~I .< 1 AP-2 _ _ _ ~,. -~~ ~s ~ ~~9 ~-,-,--. 7 R I~'s~ _,,. . 9-~ ~3. e~ a {a 8 ~2 9 ~ 5 •~-, 1 3 ~ ~ I J ~'~ 2 is 'S~ 6 2 4 C~; .6 ~ ' ~ a 3 ' ~ ~ ~z~F~~~. .o .p ~ ~ e ~E '~ lu M z n'~~° ~, ,~ ~ o~ tii o; k m ~;~ .j io = a t ; t _ _. _ -- 3 AP- 2 R 8 5~0~ " N ~_E R ~ •i OUhOUO d a N h °_ W tC N O s~ ., t. ~:~?3ij~ttjlcffe tf ~~. ~]^.: t W eYi~ f ~ Rt..•it`x.tt~=Sl~.,t$Y ~ ~ ouL§ l~ jsjju~l~*}{:'~T'i°•'jpjtel=li3~ x N Y$i. Z ei~:isxr°f i.i r•`1^i,;i:F~j ? 0 ~: 4 tt~:a~ie'~i::3¢;=jz.tc a=s3i r al=. 1 Y a ~;t"ai~•jjF75i?zb8 ' ¢ F ~ F 8~ ,a ii~2f~:~~jsjq:ls~t~~lE~~'j~i~f! ~ 4 {iggs m 'ijj=s~9a eiYj~.jj..r.^..$j', f fx±~ o if;i.tciirs~;_! iiyI}{!°jl3~ }• a ac J [.rj':;: '~~ Jti' 48 tA~it * W C•g- r~t..f;iElt y~ .f •. f. 1b: i e 7r. 7j9:tf, ~ 4S ~jl ~*5-35~iaf:~jc3iji tt~9j..:?: o t o F W K ~a 7 t`' f~ , Z .~~; nmu-"a~II~wA~. ~1Y r _ t,traa r ,ee'7w .3.00 ,H A'N - /seeei ~-i-w.A., AMYI3B A7 9f'VYt ) f t '~ o J I IAN 1 peN \ IA ae A• A ~,~e 9 ~ ,-600- t F t 2 ^ W F Z W tip Y O ' ° ~ W ly ~~ii U ~~1.=d y I S ~bW _~ ~ t' _1t~ - ` ia7Tr I p... J - ~ / bb t O ~ }} ~{ „ ip - ',' j r Oe t~'~- }~ t ...~•~ !} td 7R ~~T ~jr •.m.q.e e I~ ~! W I ;~~ i~ ~ I f( P p I ti i '~~ ( e 9 ~~ We~ii W~ Z W b,~ W~ 5-~ b~j 'W 1 ~ ~• - s !~ °z SS~tI~~tt o ~}SSr6 ~~~~a~# ~.®o ..g I ~Q y2[ O ,y I V , (~ k ~e ~p ' ~~ ~+~^~ 4 R! 9 ~. W'9 `31'W 'NC1 W A "MI'y 7.IC1 a Z Q J a W H re-i '- ``_~ {=~~ :~~:5: «a:..:...L:l KEYNOTES r , Bs, ` ~lr~&rt.~Mrn•~ siovid~ .eon.. ouu:L on poie. '.~. ~ : 3Q~ Qp , rate display pp~~~~ ~ ti9hted. ~ ~ +~r ,~ ,~ ate display vit!! 2f. ,LaaOsP~P1tM ~ b+~d sod sith shrubs/tr.sa. =9.. Mia4:bla: siniat~a 72" - ,Dover with lava rock. 30. ~ ~paotad tredd hilt ~1, _• malt pirinp. i2. !".ispiMlt ps~in9• ..». 'PsifiR~-.its 1b. b• oO~cri'td.apron.- . .l6.~ ~aii`tii bm~per berri#r. 3f . ' • q r ~ ~ ~..~a~t~ll~ a~l {Yat~ical vi ~) 20 wide gate . !f. 'E•-~`-~~~ finish) zaap up'4B" Yith i-sided concrete :~it~/ ~ra22. ; ~sbvide po~rar W r!aap. ~~ 40. a 1KD~ ~-~,1sla ~ta~ qp .30* tr-d 4f` seas ae above 41. :'~'ri~ ;~ ~ 3 .1b ~ k ib' OR doer snd 1 - 10 ~ X iT" Oh f dpr- .~~+r'a'+~-:i~ to't~ant supplied DigD pressure xash ~+il: '.tsoD electric beat ~irad. .sl. MM~I, .. to ;Ai9~- prsssure ;~qbr :apply. Provide wli # •i s0,~[pep slab ~ritd alAiava b• curbs. provide #!.. ~r . ;+¢~~~' -~,~ gab with latch or double hinged gate s~qR ~3it~t. = .,. ia. #~irja ~.~an!lr~. : ~., =r ~~ a`MD~ ~ ssbr . ~d -' laadsolpa irrigation i~. - iati of 9. ,50., a #.. Painted docent color. ~L. '+- i~iad ~i.`' ~ ~{D~rit ~r igwl) canopy/aolunna. K .. ~ ~bints . ~f. 11ai~t. ![ili finish with solar Qrey tt-eraal + ;; 4_ 1 'fig f~!'pt.... ,*il.l '#iaish vitb i/a• solar gray if. ;,~ti; 1;''at ifs "~ilaga pit frith dteal sung ladder. so. l ~Ibi+ii~rio44r f"nll aaiyht. il. _ t~~ '- .. - ss. s " ~oupl~r 'tea' sissios Doo~cs: D!: ; o/?a' 'aolsl~st 141tD 1 aMlws Nlov. iN. -i'~~'~0'~ ^lii~tilNS eliding pass-thrn vindoy. s5. i r '~i¢ t7N farsan call . i6. Gopcrste filial steel bollards. --' MEMORANDUM OF CONTRACT THIS~MEM~O~R~A-"NOUN OF CONTRACT dated as of the. day of _~ U , 1980, between CECIL A. THOMAS and MARGIS L. THOMAS, husband and wife (hereinafter "Seller"), and WINSTON H. MOORS and DIANE L. MOORS, husband and wife (hereinafter "Purchaser°); WITNESSSTA: WHEREAS, Seller and Purchaser have-~en/t~er~d into a Real Estate Contract dated the ~` Z day of r4.1.+... 1980 (hereinafter "Contract"), wherein Seller agreed 1 and Purchaser agreed to purchase the real property described on Exhibit "A" attached hereto and by this reference made a part hereof, upon the terms, conditions and provisions contained therein; NOW, THEREFORE, for valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, and in consideration of the mutual agreements herein and in said Contract contained, Seller and Purchaser have agreed and do hereby agree as follows: 1. Premises. Upon and subject to the terms, conditions and provisions contained in the Contract, Pur- chaser and Seller have entered into a .Contract to purchase and sell the real property described on Exhibit "A° attached hereto (hereinafter "Real Property"). _ ~2. Possession. Seller agrees to deliver posse~- sion of the Real Property to Purchaser on the date of closing of this transaction. 3. Term. The term of this Memorandum of Contract is concurrent with the term of the hereinbefore referred Real Estate Contract. MEMORANDUM OF CONTRACT - 1 ~~ ~~ ~: 4. Deed on Full Payment. Seller agrees that they will, upon receiving full payment of the purchase price from Purchaser, execute and deliver to Purchaser a warranty deed to said Real Property as in said Contract provided. Pur- chaser is given the right to receive deed releases se per the terms of the Real Estate Contract. 5. Waiver and Relinquishment. The parties hereby acknowledge and consent that the execution of this Memorandum of Contract shall not waive or relinquish any of the rights as between the parties as provided in the said Real Sstate Contract. 6. Attorneys' Fees. In the event either party ie required to retain the services of an attorney in order to enforce the terms or provisions of this Memorandwo of Contract, the prevailing party in any litigation arising therefrom shall be entitled to recover a reasonable attorneys' fee for the prosecution thereof. 7. Notices. All notices required to be given shall be in writing and shall be sent postage prepaid by United States certified mail, return receipt requested. Notice shall be deemed given on the date shown on the return receipt. The mailing addresses for Purchaser and Seller are set forth belows Purchaser: Winston H. Moore and Diane L. Moore 11665 Thomas Drive . ~ Boise, Idaho 83705 Sellers Cecil A. Thomas and ' Margie L. Thomas 3775 N. Locust Grove Meridian, Idaho 83642 or at such other address as the parties shall specify in writing to the other party and to the escrow agent. MEMORANDUM OF CONTRACT - 2 ~~ 8. Successors and Asaions. All of the terms, provisions and conditions set forth in this Memorandum shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WREREOF, the parties hereto have executed this Memorandum of Contract ae of the date first hereinabove written. ~'~ ~,.~¢ Mar L. T omas SELLER i. Wins 00 Diane L. Moore PURCHASER V~~ U MEMORANDUM OF CONTRACT - 3 • s~ STATE OF IDAHO ) ss. County of Ada ) On this ~~$~ day of _~.c~ti~...~.ti.,i 1960, before me, the undersigned, a Notary Public n an or said State, personally appeared CECIL A. THOMAS and GIE L. THOMAS, husband and wife, known to me to be the persona whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set mp hand and affixed my official seal the day and year in this certificate first .above written. r _f' -.l~M~... . nr....,,_... Notary Pu is or I a io Residing at Boise, Idaho STATE OF IDAHO ) ss: County of Ada ) On this ,~1 ~' day of ~-~w..s•.. 1980, before me, the undersigned, a Notary Public n an r said State, personally appeared WINSTON H. MOORE and-bIANE L. MOORE, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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. Notary Public or Idaho . Residing at Boise, Idaho ~©p~ MEMORANDUM OF CONTRACT - 4 EXHIBIT "A" Beginning at the Southwest corner of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, a brass cap at the intersection of Overland Road and State Highway 69; thence North O1°02'14" East 25.0 feet to a point; thence North 89°42'17" East 701.1 feet slong the North side of Overland Road right of way to a steel pin, the REAL POINT OF BEGINNING; thence North 0°45'17" East 949.52 feet to a brass cap in a concrete post; thence along the arc of a circular curve to the right along the South boundary of the right of way of Highway Interstate 80N a distance of 587.83 feet to a steel pin; (the chord of said arc bears North 80°09'22" East 585.34 feet, the radius of said arc is 1844.86 feat; and the central angle of said arc is 18°15'22") thence North 89°17'03" East 66.92 feet to a steel pin; thence South 0°45'17" Weat 1047.13 feet to a steel pin; thence South 89°42'17" West 642.35 feet to the REAL FOINT OF BEGINNING. EXHIBIT "A" to Memorandum of Contract, Cecil A. Thomas, et ux., Seller, Winston H. Moore, et ux., Purchaser Vanes Copa Marvin 6 Normal Randall 130 E. Overland 1877 Gibson Way Meridian, Idaho 83692 Meridian, Idaho 83642 Winston Moore Garry & Diane Street P. O. Box 8204 1719 Gibson Way Boise, Idaho 83707 Meridian, Idaho 83642 Thomas & Margie Cecil ~ 6`~~ Joseph Sirani 0 ~ 77J ~~ ~e ~~ 1718 Gibson Way B~ys~-I~aho 8305 m•`-~~Q~;z1 Meridian, Idaho 83642 Paul & Sharon Buskey Victor & Diane Walstrom 485 E. Overland Road 1676 Gibson Way Meridian, Idaho 83642 Meridian, Idaho 83642 Clarence & Mabel Embury Jay S Kathleen Stevenson 525 E. Overland 1639 Gibson Way Meridian, Idaho 83692 Meridian, Idaho .83642 Patrick Thacker Bruce & Darachann Hes 165 E. Overland 1615 SE 3rd Meridian, Idaho 83642 Meridian, Idaho 83642 Queenland Acres, Inc. Robert & Vickie Schuler 985 W. Overland 420 E. Antigua Meridian, Idaho 83642 Meridian, Idaho 83642 Steven & Marcia Anderson Max & Sheila Dramstad 1713 Country Terrace Way 46.6 E. Antigua Meridian, Idaho 83642 Meridian, Idaho 83642 Larry & Sandra Janzen Glenco, Inc. 1675 Country. Terrace P. O. Box 851 Meridian, Idaho 83692 Meridian, Idaho 83642 Stan & Marlene Strecker Meridian Greens Homeowners Assn 1637 Country Terrace c/o Glenco, Inc. Meridian, Idaho 83642 p, O. Box 851 Meridian, Idaho 83642 Clark & Marian Wilkinson 11405 Morocco Rd. , NE ~ .~_- v~J~;,~` ~~~ ~~ Albuquerque, NM 87111 " ~~~ ~ lil ' 1 ~ J ~., j ~ ~~' ~, / Gary Albery ~~, /y~`~,''L(~i4-, /~` ~~ 1679 Country Terrace ~ Meridian, Idaho 83642 '' .- ; Aron & Sandra Tarrant ~~=;~~ ~_ / j'/;,~~~ 1636 Country Terrace ~ Meridian, Idaho 83642 r - ; r - , ,, ., David Kline _ ~ a,i; ~_-~~%~ 1635 Gibson Way Meridian, Idaho 83692 „ ~. ~%~ ~=~;ice/~<w~ ~/~<<=~~ ~~/.CLL. ~1~.15~ V ° ~~/ MARCH 17, 2000 AZ 99-022 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: REQUEST: ORDINANCE ANNEXATION AND ZONING OF 10 ACRES TO L-O FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: q (n~ „{/ °j~N t'` v ADA COUNTY HIGHWAY DISTRICT: , p/ rA~ I ADA COUNTY STREET NAME COMMITTEE: P ~ O ~ ~ CENTRAL DISTRICT HEALTH: ~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meeengs shag become properly of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. P CIORAT, 111 STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSNAN WILLIAM A. MORRON DAVID M. SWARTLEY WILLIAM P NICHOLS~ TERRENCE R. WHITE•• CHRISTOPHER S. NTE 200 EAST CARLTON AVENUE, SUITE 31 Posr oFFICE Eox 1 uo MERIDIAN, IDAHO 83680.1150 TEL (208) 288.2499 FAX (208) 288.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BO% 247 NAMPA, IDAHO 87653.0247 TEL (208) 966-9272 FA% (208) 466-4405 •ALSO ADMITTED IN OR ••AlSO ADMITTEU M WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Email via Imemel rCJ wlg uewppmg.com February 10, 2000 Re: W. H. MOORE/ 10 ACRES AZ-99-022 ANNEXATION AND ZONING ORDINANCE Dear Will: PLEASE REPLY TO MERIDIAN OFFICE ~c~:~vED f E B 1 1 2000 (~1TY OF MERIDIAl~: Please find enclosed the above ordinance for the annexation and zoning for W. H. Moore (Magic View Office Complex) for 10 acres. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of La\v and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the Applicant. Also, please note in Section S you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly yours, ~o Wm. F. Nichols nugV.:\Work\MUNeridiaH 15360M\Magic View\Clerk on Ord Ltr ~~ 8 E ~ ~ ~ ~ ~~ .. ~ ~ ~ ~o o ~ ~ ~ B 4E 4 ~ ~ ~~ ~~ ~ ~ ~ D" ~ ~~ .. x ~ ~ w ~ ~~~ w 3~ ~ ~ ~~ ~ w ~ ~ ~ ~ ~5~ " ~ ~ a 1 H { F-1 ] ~ • ~ N ~ W ~ ~ H v z ~ ~ a{ $ • ~ ~ '~~ a a ~• y ~ • ~ ~ 3 ~j y o R~ ~ '~ ~' AF fad' ~i Ou o. y r +7 M- ~ - ~' ~ ~ -+ ~ $ ~~ ~ ~ ~ ~g~~ ~ ~.~ ~ ~ ~ - ~ ~~ ~ ~ s ~~ ~ ~ ~~~ ~~~ ~ a~~~~b~~~ ~~ '~~~~~~~~~~ ~~ a ~ ~~~III11111111111111111111 a MEMORANDUM OF EXPLANATION T0: Property owners within 306-feet of the Applicant's property FROM: Jack Niemann, City Clerk --- - -Rf: ~t~zone-~$plica~ion of Winston Moore from (C-C) Community Business District to (I-L) Light Industrial for a portion of the S 1/2 SW 1/4 of Section 18, T. 3N., R. 1 E., B.M., Ada County, Idaho The enclosed notice of hearing is being mailed to you pursuant to the requirements of the Zoning Ordinances of the City of Meridian. This is a hearing on a second application for the above rezone. You may, or may not, have previously been forwarded an earlier notice of hearing before the Planning and Zoning Commission regarding the original rezone application, as some property owners were inadvertently not notified of the original hearings. Also, as you may know, the original application was heard by the City Council on April 17, 1990, and the public hearing was continued to May 1, 1990, at 7:30 p.m. If Mr. Moore can obtain Waivers of Notice of the hearings before both the Planning and Zoning Commission and the City Council on the original application from those owners who did not receive notice, he has indicated he will withdraw this second application and the hearing will not be held. However, if the Waivers cannot be obtained this second application will be heard as set forth in the enclosed Notice of Hearing and your testimony is welcomed. If you did not previously testify at the Planning and Zoning Hearing on the original rezone application held February 27, 1990, or at the City Council hearing held on the original application on April 17, 1990, and wish to testify, or wish to testify again, you may do so at the May 1, 1990, City Council meeting since the hearing on the original application was continued to that date at 7:30 p.m. If the Waivers are not obtained Mr. Moore will have to start the procedure over again, which is why you are being sent the enclosed notice on the second application, and you may testify at the Planning and Zoning Commission hearing on May 8, 1990, as noticed and at a subsequent City Council hearing of which you will also be mailed a notice. AMeROSE, If you have any questions regarding this Application or the FRZGERALD t CROONSTON procedure, please call me, Jack Niemann, City Clerk, at 888- 4433. ANOm~,1.na ceuR.Na. P.O. lo.IT Wr104n, kWq 0.Y12 TPMp1dy M6Ml1 ~~** ~ ~ R', a r Fr ~ 6r o c ~ ~~~K . R r ~. o ZC ~ ~ ~ ~ ~ ~ g-C ~ w K ~ ~, R. . ,q !, r 0 K ~ ~ R .. R ~ p ~~ ~~~ ~~ -- ~ R .. r -~ I~ S ~ I I I I ~' I I I ( I~ I ( 'y'~'` ;~ ~ ~ ~ ~ ~~~~ ~ K -_ __ "~ d Q+ w ~ ~ o 0 o ~~ ~ ~:~ ~ ~ ~ ~yr~~~ ~p ~ ~ro ~C rR• {,~ {~ ~~ o ~ g ~ ~ ~ ~~ ~ ~ ~~ 8~ ~~ ~ ~ ~ g ~ ~ ~, ~ x K ~ M O ~ ~F g CENTRA[. DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise ~ pp ~Rezone# ~Ib1L W.{-1, K.o°/.-2- _ _Fagle Conditional Use # _`t'leridian _ Preliminary/Final/Short Plat Runs I. ~ 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 Garment on this proposal. 4. We will require more data concerning soil. conditions on this proposal before we can ccmnent. 5. _ We will require more data concerning the depth of (high seasonal ground water)(srolid 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 sewge Individual sewage _ Comnuuty sewage systen and Central water ]ndividual aster _ Camnmity water well. 8. _ Plans for Central sewage Cam-mity sewage systen Sewage dry lines, and _Central water C,mmim.iLy water must be submitted to and approved by the Regional Health and Welfare Envi.rcxmental Services Field Office. 9. _ Street runoff is not to create a rmsquito breeding problen. 10. _ 'Deis department arould reccmnend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroan facilities are to be installed then a sewage systan M1bT be installed to meet Idaho State Sewage Regulations. 12. _ We-will require plans be submitted fora plan review for any (food establislment)(beverage establishment)(swimning pools or spas)(grocery store). 13. AMBROSE. FIT2G ERALD S CROOKSTON Attornaya and Couneelora P.O. Boa 127 Marldian, Idafto 83312 Telapoone 88&1181 NOTICE OF HEARING ~ i 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., Tuesday, May 8, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-C) Community Business District to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED this~~ day of April, 1990. AMBROSE, FIT2GERALO 6 CROOKSTON Atto.nsye en0 GOUneel011 P.O. Box ~P7 MetlElen, IOetto B3l12 TsleP~one BBBeNI • 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., Tuesday, May 8, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/? of the SW 1/4 of Section 1R, T. 3N., R. lE., B.M., Ada Country, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-C) Community Business District to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED this/ day of April, 1990. ~~ ~1,~`~ x I ~I r FREEWAY INTERCHANGE ., i ~1 ~••••• AP-2i ill tl _INTERCHAN E~._.__ ' i ~~ ~.~9 I-i3- ~I - - _ I i -r-- IN -- I i ~ ~ ~~~ V ~ :i `. of w o~ fA .X m i ~~. ~2 .~ ~ ,.~8 2 ~ 19 I I~ n 5 `~^ o `' 8 _ 1 j -• ' --L ,o=a 73 T 1~ :• • ~ _ 4 ~. _. _--t. 9 ~ ~3 .e m _6 ~4 T I 6~~l/ 13 ~ 'S ~` fi ~, ~O k' s fly 2 ~~" 7 ' ~~ yp'p9 \ y ~z F ~ • B _ i ~, off, P~ 4~ ~ _9 0 ~ ~ ~ ~! ? AP- 2 R g s~~~ ' z ~ =~ I ,.:oew.ooo s• 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., Tuesday, May 8, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S .l /7 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-G) General Retail and Service Commercial to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED this,~6 ;h day of April, 1990. AMRROSE, FIT2GERALD B CROOKSTON AllomeYe eM Counselor V.O. Boz eR7 MerlAlen, Itlello 89412 Talepeona BBB~M81 AMBROSE, FIRGERALO S CROOKSTON Attorneys antl Counaelon P.O. Box 02y Meridian, Ide~o 83802 TeI,PNOne 888-~~81 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., Tuesday, May 8, 1990+ at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian,. Idaho. The Applicants are requesting a rezone from (C-G) General Retail and Service Commercial to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED thisl~ day of April, 1990. • 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., Tuesday, May S, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/7_ of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLO MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-C) Community Business District to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED this day of April, 1990. ACK N ANN, C L AMBROSE, FITZGERALD B CROOKSTON Allomeye ana CounselOn P.O. Bow e3T Merldlen,ICNo 8]N2 TslepMne BBBJMt MEMORANDUM OF EXPLANATION AMBROSE, FITZGERALD acROOKSroR ABpneye •n0 CiOYeN~O(• V.O. BOA •Z] MsrWl•n,IE•ho eaN2 T•I•V~ene 8aNM1 T0; Property owners within 300 feet of the Applicant's property FROM: Jack Niemann, City Clerk RE: Rezone Application of Winston Moore from (C-C) Commrtion of the~Sel/20SWt1/4tofoSection L18htT.In3N s' rR all fE r> B.M~, Ada County, Idaho The enclosed notice of hearing is being mailed to you pursuant to the requirements of the Zoning Ordinances of the City of Meridian. This is a hearing on a second application for the above rezone. You may, or may not, have previously been forwarded an earlier notice of hearing before the Planning and Zoning Commission regarding the original rezone application, as some property owners were inadvertently not notified of the original hearings. Also, as you may know, the original application was heard by the City Council on April 17, 1990, and the public hearing was continued to May 1, 1990, at 7:30 p.m. If Mr. Moore can obtain Waivers of Notice of the hearings before both the Planning and Zoning Commission and the City Council on the original application from those owners who did not receive notice, he has indicated he will withdraw this second application and the hearing will not be held. However, if the Waivers cannot be obtained this second application will be heard as set forth in the enclosed Notice of Hearing and your testimony is welcomed. If you did not previously testify at the Planning and Zoning Hearing on the original rezone application held February 27, 1990, or at the City Council hearing held on the original application on April 17, 1990, and wish to testify, or wish to testify again, you may do so at the May 1, 1990, City Council meeting since the hearing on the original application was continued to that date at 7:30 p.m. If the Waivers are not obtained Mr. Moore will have to start the procedure over again, which is why you are being sent the enclosed notice on the second application, and you may testify at the Planning and Zoning Commission hearing on May 8, 1990, as noticed and at a subsequent City Council hearing of which you will also be mailed a notice. If you have any questions regarding this Application or the procedure, please call me, Jack Niemann, City Clerk, at 888- 4433. BILLY RAY STRITE, ARCHITI~ P.A. 2660 Grover Court BOISE, IDAHO 83705 (208) 336-8370 City of Meridian TO _ _ __ ~~~~~ o~ ~aa~~~o~~a~ GATE JOB NO. 4/16/90 89144 ATTENTION Jack RE Arnold Machinery WE ARE SENDING YOU ~ Attached ^ Under separate cover via delivered the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION 1 Rezone Submittal 1 Check #7410 - $320.00 THESE ARE TRANSMITTED as checked below ^ Far approval ^ Approved as submitted ~FOr your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 19 REMARKS ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ^ PRINTS RETURNED AFTER LOAN TO US COPY TO W. H Moor I FMOUKL2Lht ~i~~l~t., GMm, Meev.011i1, io OrEtt%IONEiOLL FgEE Id00.~S~8]Sp It enctosu.es are not as noted, xtnat SIGNED: Y notitY us ar once. W.H. MOORE C O M P A N Y Real Estete Development TELEPHONE I20B) 3Tb4919 / FA% 323-0523 8150 EMERALD, SUITE 140 (83704) P.D. 80% 820a BOISE, IDAHO 83707-2204 MR. GARY SMITH CITY ENGINEER CITY HALL MERIDIAN, IDAHO-83642 1/14/91 DEAR GARY: AS AGREED ENCLOSED IS MY CHECK #`6721 IN THE AMOUNT OF $26,000 AS PARTIAL PAYMENT FOR THE MAIN LINE SEWER EXTENSION BROUGHT TO THE ARNOLD MACHINERY COMPANY SITE. NO FURTHER PAYMENTS WILL BE DUE FROM ME UNTIL ADDITIONAL DEVELOPMENT OCCURS ON OUR PROPERTY TO THE WEST OF ARNOLD MACHINERY AND AS THOSE DEVELOPMENT OPPORTUNITIES BECOME AVAILABLE I WILL EXPECT TO SIT DOWN WITH YOURSELF AND WHOMEVER ELSE APPROPRIATE IN THE MERIDIAN CITY ADMINISTRATION TO ASCERTAIN THE ADDITIONAL CHARGES FOR SUCH NEW DEVELOPMENT AS PERTAINS TO THE SUBJECT SEWER EXTENSION. I WANT TO TAKE THIS OPPORTUNITY TO AGAIN THANK THE CITY FOR ITS REMARKABLE COOPERATION REGARDING THE SEWER EXTENSION AND THE ARNOLD MACHINERY PROJECT. r ~ S~IN~~ER~ Y, WINSTON H. MOORE WHM/HS CC: MAYOR GRANT KINGSFORD i t 4 ~, _ ~ CfTY OF MERIEaIAN "Hula of Treasure Valley" 33 E. Idatw Meridian, Idaho 83642 68$•4433 vu>wnler a .. Order No. Date ~ ~ ` ~ ~ 19 ~ ~ F Name ~f J ~ ~ ~ ~ ~ i /_ Address Phone: SOLD ev r CASH C.O.p CHARGE ON ACCT. MDSE REiD. PAID OUT /L ~_ !`- -~ j I I I i _..i I I %~ / % I I I i i I i I I I All claims and returned goods MUST be accompanied by this bill. , I ' AX ,v Received ey ~~/~ TOTAL ~(J~i .,..,,.. ..~~.EO ~r ~5, j ~JryAnk~~6t~~ SPECIAL MEETING MERIDIAN CITY COUNCIL MAY 8, 1990 Special Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:00 p.m.: Manbers Present: Ron Tolsma, Bert Myers, Bob Giesler, Marc Yerrington: Others Present: Wayne Crookston: Mayor Kingsford: The purpose of this Special Meeting is as was posted to take action on the Winston Moore Rezone Findings of Fact & Conclusions of Law and to consider and take action on the rezone Ord~nan~e for the property described in their application: Council Msnbers, you have had the Findings of Fact & Conclusions of Law, is there discussion or questions? If not I would entertain a motion. The Motion was made by Tolsma and seconded by Myers that the Meridian City Council hereby adopts & approves the Findings of Fact & Conclusions of Law as prepared: Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsna, Yea: Mayor Kingsford: The next item would be to take action or Ordinance #527, An (h-r35nance Amending & Changing the Zoning of certain real property in the City of Meridian which is generally described as a portion of Section 18, in Township 3 North, Range 1, East Boise Meridian, Ada County, Idaho; and providing an effective date, is there anyone in the audience who wishes Ordinance #527 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Myers that the rules & provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different be dispensed with and that Ordinance Number 527 as read be passed and approved: Notion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Xea: Tolsna, Yea: This being a Special Meeting and these the only items noticed for consideration and action the Motion was made by Myers and seconded by Tolsma to adjourn at 7:05 P.M.: Notion Carried: All Yea: (TAPE ON FILE OF THESE PROCEIDINGS) APPROVID: GRANT KINGSFORD, MAYOR ~Mayo~ Council Mail (1) P & Manbess File (1) Att , Eng. , Fire, Police, Stuart, Waxrl, Hallett, Gass -Valley News, Statesman, ACRD NII"ID, CDH, ACC, SIRD Bldg, Dept. • • ORDINANCE NO.~~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 18, IN 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, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (C-C) Community Business District to (C-G) General Retail and Service Commercial, for the land described in Section 1 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property, which is described AMBROSE, PITZGERALD 6 CROOKSTON Attomlys 1nC CounNlon P.O.80.121 M1rWNn, WNo NM1 TWRKOna lBNM1 as follows: A tract of land situated in the South 1/2 of the Southwest 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southwest Corner of Government Lot 4 of the Southwest 1/4 of Section 18, thence North 89°43'32" East 1343.69 feet along the southerly boundary of the said South 1/2 of the Southwest 1/4 of Section 18, which is also the centerline of Overland Road to a point, thence North 00°44' 58" East a distance of 40.01 feet to a steel pin on the northerly right-of-way of said Overland Road also said point being the POINT OF BEGINNING. Thence continuing North 00°44'58" East a distance of 1032.33 feet to a steel pin marking a point on the southerly right-of-way line of Ramp B-C of Interstate Highway 80 North, Federal Aid Project No. I-80N-1(74)44, AMBROSE, PITZGERALD 6 OROOKSTON Attomeya eno Counulon P.O. Boa IY7 NM°Nn, loNo B3NY Thence South 89°16'53" West a distance off 65.66 feet along the southerly right-of-way Ramp B-C of Interstate Highway 80 North to a highway right-of-way monument said point being a point of curvature, Thence westerly along said southerly right-of-way line of Ramp B-C of Interstate Highway 80 North a distance of 180.68 feet along the arc of a circular curve to the left, said curve having a central angle of 05°36'41", a radius of 1844.86 feet, a chord bearing South 86°28'41" West, a chord distance of 180.61 feet, Thence leaving said southerly right-of-way South 00°44'58• West a distance of 561.65 feet to a point of curvature, Thence southeasterly a distance of 80.50 feet along the arc of a circular curve to the left, said curve having a central angle of 30°44'58•, a radius of 150.00 feet, a chord bearing of South 14°37' 31" East, a chord distance of 79.54 feet to a point of tangency, Thence South 30°00' 00" East a distance of 110.26 feet to a point of curvature, Thence southeasterly a distance of 112.70 feet along the arc of a circular curve to the right, said curve having a central angle of 30°44' 58", a radius of 210.00 feet, a chord bearing of South 14°37' 31" East, a chord distance of 111.35 feet to a point of tangency, Thence South 00°44' S8" West a distance of 148.66 feet to a point of curvature, Thence southeasterly a distance of 47.66 feet along the arc of a circular curve to the left, said curve having a central angle of 91°O1' 26", a radius of 30.00 feet, a chord bearing of South 44°45' 45" East, a chord distance of 42.80 feet to a point of tangency, Thence North 89° 43' 32" East a distance of 108.24 feet along the northerly right-of-way of Overland Road to the POINT OF BEGINNING. be, and the same is hereby rezoned from (C-C) Community Business District to (C-G) General Retail and Service Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 8th day of May, 1990. APPROVED: ATTEST: Y L RK -- A K N NN 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 a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 18, IN 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~~ day of_ 1990, as the same appears in my o~f~i e DATED this day of 1990. ity er ,ty o eri ian Ada County, Idaho AMBROSE, FIT(GERALD d CROOKSTON Attonroyl lnC COUnNIOf1 P.O. Bo. 117 MNWIVi,14M lJOIY T~Nptans BB11101 AMBROSE, FITZGERALD b CROOKSTON Attorneys en0 Cwnselore P.O. Boy t27 Msrltllen, IESAo 8382 INPIpM BBbeept STATE OF IDAHO,) ss. County of Ada, ) On this day of 1990, before me, the unders igned, a Notary u is in an for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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) Notary Pu is or aho Residing at Meridian, Idaho BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN W. H. MOORE REQUEST FOR REZONE FIVE ACRES NORTH OF OVERLAND ROAD WEST OF WESTERN STATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 17, and again on May 1, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person and the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional AMBROSE, F1T2GERALD B CROOKSTON Attorneys enC CounNlore G.O. BOM e27 MsrWlan, loe~o QT8~2 Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 17, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 17, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that notice is required to be mailed to owners of property within 300 feet of the subject property; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 owners of three parcels of ground were inadvertently omitted by the Applicant from the mailing list; however, the owners of those parcels have executed waivers of notice and those waivers are on file. 2. That this property is located within the City of Meridian and is owned by the Applicant and is described in the application, which description is incorporated herein as if set forth in full, and is north of Overland Road and approximately 500 feet west of Western States Equipment; that a portion of the property fronts on Overland Road; the property is presently zoned Community Commercial (C-C) but the applicant has stated that it is zoned General R^tail and Service Commercial (C-G) and is presently vacant ground; the proposed use of the property is to operate a regional facility for Arnold Machinery Company for sales, service and rental of construction, mining, industrial and farm machinery and equipment. 3. That some of the surrounding property is zoned C-G by the City and a portion of the surrounding property is zoned as residential by the County of Ada; that there is industrial property to the east which is in use in a similar fashion as that use proposed by the Applicant. 4. The Applicant in his Application requested that the AMBROSE, FITZGERALD 6 OROOKSTON Anw~eye.na Coun,elore R.o. 6o.1YT MaEIAn, WAho &tM2 T.MpMRN BBBJ.E1 property be rezoned to Light Industrial (I-L); that at the hearing before the City Council the Applicant requested that only the portion of the property used by Arnold Machinery be rezoned to (C-G) General Retail and Service Commercial and that FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 2 the remainder of the property remain (C-C); that the portion of the property to be rezoned is described in Exhibit "AR attached hereto. 5. That the property is contained in a mixed use area as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; mixed-use review areas are addressed in the Plan at Page 15 and it states as follows: "Mixed-use is a general planning category which refers to the coordinated development of two or more major uses as part of a single project, such as specialty retail-commercial, higher density residential, offices, motels, industrial services, service commercial and public and semi-public uses. As per the Policy Diagram, certain areas have been designated for mixed uses. The development of mixed and compatible land uses should be carefully guided through specific project plans." 6. That the C-G District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose of the (C-G) District 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 arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 7. That the use proposed by the Applicant is that as AM BROSE, F1T2GERpLD 6 CROONSTON pitomeye end counaelae P.O. eoM e27 Merbien, weno 83612 TeNrp~ons BBBdMt recognized in 11-2-409 C., Industrial, Zoning Schedule of Use Control, Equipment - Heavy, Farm, Etc. (Sales & Repair) and such use is a permitted use in the C-G District, FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 8. That the property is a parcel of ground that is approximately five acres is size. 9. That the property is not presently connected to City sewer and water. There is a six inch water line in Overland Road however to connect the property to sewer the sewer line will need to be extended from the northwest corner of Western States Equipment or connect to a proposed line in the Ten Mile Drain which has hot yet been constructed. The Applicant stated that he was prepared to work with the City and he agrees to contribute an amount of money equal to what it would cost him to extend the trunk line from the Western Equipment property to the corner of his property. 10. That there was public testimony at the public hearing which voiced concern over the proposed use and what measures would be taken to screen the residential areas south of Overland Road; that at the continuation of the hearing the concerns had been resolved between the Applicant and objecting parties. 11. That comments were submitted by the City Engineer, AMBROSE, F1T2GERALD B OROOKSTON Attorneys and Couneslon F.o. eo. uT MsrlOi~n, IUa~o B8N2 T~Npla~w BB6M61 Central District Health Department, and Nampa & Meridian Irrigation District; that prior to the adoption of these findings of fact and conclusions of law the Ada County Highway District may submit comments; that there was some discussion of the ACHD requirements; all of the above mentioned comments are incorporated herein as if set forth in full herein. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 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 or the wavier of notice of having been obtained from owners who had not been initially noticed. 2. That the City of Meridian has .authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Complied Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 6. That 11-2-416 (K) of the Revised and Compiled AM BROSE, FIRGERAlO B CROOKSTON Atlorneye And Counsslors P.O. Bo. t]l MMIOIM,10Ui0 B3M7 TsNpROlro BBBy161 Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 5 that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan is required. (b) The area is designed to be a mixed use area and a rezone of the subject property is in line with that designation. (c) The area included in the zoning amendment is intended to be developed in the future in the fashion that would be allowed under the new zoning of Light Industrial. (d) There has been ct dictate that the area those changes are the Equipment's facility Kuna/Meridian Road interchange. ranges in the area which tend to may lend itself to be rezoned; construction of Western States and the reconstruction of the and the changes to the I-84 (e) That the representations of the Applicant that the facility would be similar to Western States Equipment's indicate that the property will be developed, designed and constructed to be harmonious with the surrounding area. (f) That the proposed use would not be hazardous or disturbing to the existing or future uses of the neighborhood if developed as represented. (g) The property will have to connect to public facilities. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) T"e proposed use will not involve any detrimental activity to any person's property or the general welfare. gMRROSE, FITZG ERALD BCROOKSTON Atlornaya end Counselors a.o. 90. uT MetlElan, ItlNo eae.x T.Npllona mBlall (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6 AMBROSE, FITZGERALO B CROOKSTON Attorneys and Coeneelore P.O. Bo+~27 MxlElen, lONo 838/4 (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7, That the comments submitted by the Central District Health Department, Nampa & Meridian Irrigation District and the City Engineer as incorporated herein shall be a requirement for the rezone. That the Ada County Highway District had not submitted comments at the time of the hearing before the Planning and Zoning Commission but there was discussion pertaining its requirements and therefore no specific conclusions are made regarding those comments, but it is concluded that if comments are submitted prior to the hearing before the City Council that they be considered. 8. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City. of Meridian shall be met prior to occupancy and thereafter. 9. That it is concluded that the request by the Applicant to have the property zoned C-G rather than I-L is not a significant or material change in the request and does not require new notices as likewise the reduction in the size of the property to he rezoned is not a material change requiring new notice. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 7 AMBROSE, FITZG ERALD A CROOKSTON Attorneys Antl Counsslors P.O. Box AZT Merltllen, ItlsNo B3BIZ Tslaplwrro BBBNl1 Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN GIESLER COUNCILMAN MYERS COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) APPROVED: VOTED VOTED VOTED VOTED VOTED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 8 EXHIBIT "A" A tract of land situated in the South 1/2 of the Southwest 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Southwest Corner of Government Lot 4 of the Southwest 1/4 of Section 18, thence North 89 °43'32" East 1343.69 feet along the southerly boundary of the said South 1/2 of the Southwest 1/4 of Section 18, which is also the centerline of Overland Road to a point, thence North 00°44' 58" East a distance of 40.01 feet to a steel pin on the northerly right-of-way of said Overland Road also said point being the POINT OF BEGINNING. Thence continuing North 00°44'58" East a distance of 1032.33 feet to a steel pin marking a point on the southerly right-of-way line of Ramp B-C of Interstate Highway 80 North, Federal Aid Project No. I-80N-1(74)44, Thence South 89°16'53" West a distance off 65.66 feet along the southerly right-of-way Ramp B-C of Interstate Highway 80 North to a highway right-of-way monument said point being a point of curvature, Thence westerly along said southerly right-of-way line of Ramp B-C of Interstate Highway 80 North a distance of 180.68 feet along the arc of a circular curve to the left, said curve having a central angle of 05°36'41", a radius of 1844.86 feet, a chord bearing South 86°28'41" West, a chord distance of 180.61 feet, Thence leaving said southerly right-of-way, South 00°44'58" West a distance of 561.65 feet to a point of curvature, Thence southeasterly a distance of 80.50 feet along the arc of a circular curve to the left, said curve having a central angle of 30°44'58", a radius of 150.00 feet, a chord bearing of South 14 °37' 31" East, a chord distance of 79.54 feet to a point of tangency, Thence South 30°00' 00" East a distance of 110.26 feet to a point of curvature, PAGE - 9 :.,' .. ;. Thence southeasterly a arc of a circular curve to central angle of 30' 44' 58", bearing of South 14°37' 31" feet to a point of tangency, distance of 112.70 feet along the the right, said curve having a a radius of 210.00 feet, a chord East, a chord distance of 111.35 Thence South 00°44' 58" West a distance of 148.66 feet to a point of curvature, Thence southeasterly a distance of 47.66 feet along the arc of a circular curve to the left, said curve having a central angle of 91°O1' 26", a radius of 30.00 feet, a chord bearing of South 44°45' 45" East, a chord distance of 42.80 feet to a point of tangency, Thence North 89°43' 32" East a distance of 108.24 feet along the northerly right-of-way of Overland Road to the POINT OF BEGINNING. The above described tract of land contains 5.00 acres, more or less, subject to all existing easements and rights-of-way. A PAGE - 10 i • MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #2 Motion Carried: All Yea - Giesler - Abstained: ITEM #3: PUBLIC HEARING: REZONE REQUEST BY W.H. MOORE: CONTINUED .FROM LAST MEETING: Kingsford: The Public Hearing is now open again on this subject, is there someone from the Public who would like to offer testimony, come forward and be sworn. Winston Moore, 11665 Thomas Dr., Boise, was sworn previously. Moore: Briefly explained about the two parties that were not notified. We did meet last Thursday with Glenco & a number of concerned Meridian Greens property owners. We have arranged to do additional landscaping on Overland on our side where the new intersection will be located. Glenco did execute the waiver of notice and also received one from Joe Tertling for Tertling Trust 0F7. One concern the Meridian .Greens folks had is as follows, they have a concern that the IL Zoning that we have requested is to permissive. Even though I am only asking to rezone five acres on which the Arnold Machinery Project will be placed, they are concerned that if you grant the Industrial Zone that that may establish a presidence and someone in the immediate area could come at a later date and ask for Industrial Zone for more permissive and less desirable use. If you could consider a zone of CG instead of IL that is what [hey prefer. Larry Bertetto, from Meridian Greens, was sworn previously. Bertetto: We did meet with Mr. Moore and had a real good meeting. We would like you to consider what he has said. The only thing that we would ask is at some time if the City could consider some type of Ordinance that if anything happens to Mr. Moore that something be ordinanced to the fact that it's kept the way that he certainly intended it. Raleigh Hawe, 530 Blue Heron Lane, was sworn by the attorney. Hawe: I have known Mr. Moore for a number of years and I would just like to speak in favor of the type of construction that this gentleman puts forth to the community. Kingsford: Anyone else present that would like to offer testimony, being no response the Public Hearing is closed. Giesler: The question that I have is the possibility of being able to change that from IL to CG tonite without him having to go through that process. Crookston: We would have to have an amendment to the Findings in that regard. I would propose to the Council to go ahead and have a motion to prepare the Ordinance and if that is the Council's desire to change that if we can legally do so I can prepare the Ordinance to the CG designation, amend the Findings of Fact to reflect that. Myers: It sounds to me like Mr. Moore is really trying to work with these people. The Motion was made by Myers and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law for the rezone request for Mr. Moore. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY 1, 1990 PAGE #3 The Motion was made by Myers and seconded by Tolsma to have the Counselor to proceed with the Ordinance with the possibility of changing the zoning from IL to CG. Motion Carried: All Yea: ITEM #4: PRELIMINARY PLAT ON MERIDIAN PLACE #3: TABLID AT LAST MEETING: Giesler: There was some concerns over the irrigation I was wondering if those have been resolved. Jim Howard: From JJ Howard Engineering. I visited this site generally in the NW corner of the project is the only area that would impact adjoining land owners. We will provide an easement so they won't allow individual lot owner to fence that gentleman out. We will show directly on the plat that all fences have to be located well inside that headgate area. We have a drain ditch on the west side which it serves to, it takes the wastewater off of our property and drains it into a large drain ditch and that will eventually some 100 to 200 feet will be covered. The drain ditch directly to the south will be tiled. Kingsford: There is no water that drains during that area into the drain ditch that will be backing up and so forth - Howard: The drain ditch we'll have to work with irrigation people, but we are proposing to cover it, we've never had any problems before as long as we keep the joints open to allow water to seep in. Giesler: I might ask Mr. Hawe if these responses answer his questions. Hawe: The 10x10 area that he is discussing is one of the areas of concern that I had, the other is the, of course that spring that runs east & west on the south side of their property that of course would have to be tiled. There is one stub that runs north & south on the west side of their property and I'm not sure that I heard him address that. The access easement to that irrigation box is my concern because at that point I receive the water for my place as does about seven other people. Howard: It will be easily accessible. THERE WAS DISCUSSION. TAPE ON FILE. Hawe: What size of the are you proposing to put into that east-west lateral. Howard: It's 24" existing and that will be dictated by the irrigation district. The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat on Meridian Place #3. Motion Carried: All Yea: Kingsford: Engineer Smith can you give a brief explanation of where we are at concerning the water situation. ~MBROSE, fITZG ERpLD 6 CROOKSTON Mtomeye vW Dooneelore R.o. Bo: ~n MerWlen, IONo BJBtY TMpepne BBBdMt NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a special meeting at ~~Q C~ o'clock p.m., Tuesday, May 8, 1990, at the Meridian City Hall, 33 East Idaho Street,~Meridian, Idaho. The purpose of said meeting is to consider and take action on the Winston Moore Rezone Finding of Facts and Conclusions of Law and to consider and take action on a rezone ordinance, of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho, from (C-C) Community Business District to (I.L.) Light Industrial, or (C-G) General Retail and Service Commercial, for a new regional facility for ARNOLD MACHINERY. T`e public is welcome but no comment will be taken. DATED this ~ day of ~ _, 1990. AMBROSE, F1T2GERALD i CROOKSTON ANOnNya eeb CounNlOn) F.O. Box lZ7 MerNIN, Wello BJBt2 Telepnene BB6J~81 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a special meeting at ~~Q C~ o'clock p.m., Tuesday, May 8, 1990, at the Meridian City Hall, 33 East Idaho Street,~Meridian, Idaho. The purpose of said meeting is to consider and take action on the Winston Moore Rezone finding of Facts and Conclusions of Law and to consider and take action on a rezone ordinance, of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho, from (C-C) Community Business District to (I.L.) Light Industrial, or (C-G) General Retail and Service Commercial, for a new regional facility for ARNOLD MACHINERY. T`e public is welcome but no comment will be taken. DATED this ~ day of ~ 1990. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION W. H. MOORE REQUEST FOR REZONE FIVE ACRES NORTH OF OVERLAND ROAD WEST OF WESTERN STATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing February 27, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person and through the project engineer and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional AMBROSE, FITZGERALD B CROOKSTON AROrn„! an0 w~~.«a. R.o. eo. uT MNgW.lano ex.x T~NpNOns IBBrM1 Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 27, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 27, 1990, hearing; that the matter was heard at a special meeting of the Commission which was duly noticed; that the public was given full opportunit-y to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 2 2. That this property is located within the City of Meridian and is owned by the Applicant and is described in the application, which description is incorporated herein as if set forth in full, and is north of Overland Road and approximately 500 feet west of Western States Equipment; that a portion of the property fronts on Overland Road; the property is presently zoned Community Commercial (C-C) but the applicant has stated that it is zoned General Retail and Service Commercial (C-G) and is presently vacant ground; the proposed use of the property is to operate a regional facility for Arnold Machinery Company for sales, service and rental of construction, mining, industrial and farm machinery and equipment. 3. That some of the surrounding property is zoned C-G by the City and a portion of the surrounding property is zoned as residential by the County of Ada; that there is industrial property to the east which is in use in a similar fashion as that use proposed by the Applicant. 4. The Applicant requests that the property be rezoned to Light Industrial (I-L). 5. That the property is contained in a mixed use area as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; mixed-use review areas are addressed in the Plan at Page 15 and it states as follows: "Mixed-use is a general planning category which refers to the coordinated development of two or more major uses as part 'of a single project, such-as specialty retail-commercial, higher density residential, AMenosE, o#fices, motels,industrial- services, service FITZGENALD acnooKSroN commercial and public and semi-public uses. As per Ano".ys.°a FINDINGS OF FACT AND CONCLUSIONS OF .LAW - '',. ~°""°'°" P A G E - 2 P.O. BOx /27 - MwI01b41tlYq 6961I _:.....:.- T~Mp1iaN lBiMI - - the Policy Diagram, certain areas have been ! designated for mixed uses. The development of mixed I and compatible land uses should be carefully guided through specific project plans." 6. That the I-L District is described in the Zoning Ordinance, 11-2-408 B. 12 as follows: (I-L) Li ht Industrial: The purpose of the (I-L) Distri~is~o prpv ide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet, and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. AMBNOSE, FITZGERALD 60BOOKSTON An«n.,e .ne Gouna~brs P.O.BOa rT7 M~rIE4n, IONo dMI 7. That the use proposed by the Applicant is that as recognized in 11-2-409 C., Industrial, Zoning Schedule of Use Control, Equipment - Heavy, Farm, Etc. (Sales & Repair) and such use is a permitted use in the I-L District. 8. That the property is a parcel of ground that is approximately five acres is size. 9. That the property is not presently connected to City sewer and water. There is a six inch water line in Overland Road however to connect the property to sewer .the sewer line will need to be extended from the northwest corner-vf Western States-.Equipment or coonect to a proposed fire in .the Ten Mi e FINDIN6_S OF FACT AND-:Cl)NCLUSIONS OF LAW PAGE - 3 Drain which has hot yet been constructed. The Applicant stated that he was prepared to work with the City and he agrees to contribute an amount of money equal to what it would cost him to extend the trunk line from the Western Equipment property to the corner of his property. 10. That there was no public testimony at the public hearing objecting to the proposed use. 11. That comments were submitted by the City Engineer, Central District Health Department, and Nampa & Meridian Irrigation District; that prior to the adoption of these findings of fact and conclusions of law the Ada County Highway District may submit comments; that there was some discussion of the ACHD requirements; all of the above mentioned comments are incorporated herein as if set forth in full herein. CONCLUSIONS 1. That all the procedural requirements of the Local AM BROSE, FITZGERALD 4 CROOKSTON coonwias P.O. Boa /Y) 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 of Meridian has authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416. of the Revised and_ Complied Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 B~b1 notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the-area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan is required. (b) The area is designed to be a mixed use area and a rezone of the subject property is in line with that designation. AMSROSE, P1T2GERAlD B CROOKSTON Attonwy~ mC cou~.«o<. P.O. Boz t2T MsrbMn, IENo B7M2 T~Np~oM!lB~MS7 (c) The area included in the zoning amendment is intended to be developed in the future in the fashion that would be--a-J lowed.-under the new zoning of Light Industrial. (d) .There has been changes in the area which tend to dictate that the area- may lend itself to be rezoned; those changes are the construction of Western States FINDINGS OF FACT AND CONCLUSLONS OF LAN PAGE - 5 Equipment's facility and the reconstruction of the Kuna/Meridian Road and the changes to the I-84 interchange. (e) That the representations of the Applicant that the facility would be similar to Western States Equipment's indicate that the property will be deve loped, designed and constructed to be harmonious with the surrounding area. (f) That the proposed use would not be hazardous or disturbing to the existing or future uses of the neighborhood if developed as represented. (g) The property will have to connect to public facilities. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) The proposed use will not involve any detrimental activity to any person's property or the general welfare.. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the comments submitted by the Central District AMBROSE, FITZGERALD I OROONSTON Aporney~ YM Counwlas v.o. Bo: u~ MsrlElu~, laVw aTerx TslpMns BBBMEt Health Department, Nampa & Meridian Irrigation District and the City Engineer as incorporated herein shall be a requirement for the rezone. That the Ada County Highway District had not submitted comments at the time of the hearing before the Planning and Zoning Commission but there was discussion pertaining its requirements and therefore no specific FINDINGS_OE.:FACT AND`CONCLUSLONS OF LAW PAGE - 6 . AMBROSE, flRGERALD B CROOKSTON conclusions are made regarding those comments, but it is concluded that if comments are submitted prior to the .hearing before the City Council that they be considered. 8. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter. 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 Hepper Commissioner Rountree Commissioner Shearer Commissioner Alidjani Chairman Johnson (Tie Breaker) A~ ~M,E FINDINGS-OF FACT AND CONCLUSIONS OF-LAW v.o.eoK~n PAGE - 7_ MMUIUq Mtl~o - exu tl~pfw~rolBB~,Abt _ ,., Voted Voted Voted Voted Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED: DISAPPROVED: AMBROSE, PR2GERAlD 6 CROONSTON AB«°w.nw FINDINGS OF FACT AND CONCLUSIONS OF LAW D°""°I°° P A G E - 8 r.o. B°. ~ MMtlIN, ItlN1° BJNY TNp11oM 886M81 MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE O8 Kingsford: Pending the Findings of Fact and Conclusions of Law at the next meeting that issue would be determined at that time, I would like to express thanks to all of you that offered testimony. ITEM ~4: PUBLIC HEARING: REZOA'E REQUEST BY W.H. MOORE: Kingsford: Winston Moore will you please come forward. Winston Moore, 11665 Thomas Drive, Boise, was sworn by the Attorney: Moore: I am the applicant for a rezone of 5 acres which is a portion of approximately a 22 acre parcel that I own. Approximately at the southeast corner of the Meridian Interchange. The purpose of the rezone is to allow us to proceed with development and construction of a facility for Arnold Machinery Company. Arnold Machinery has been in business for approximately 60 years and have had a presence in Boise for the past thirty years. Due to an oversight on the part of our architect, when his office provided the City Clerk with a list of names stating who should legally receive notice of the Planning & Zoning Hearing considering this matter, inadvertently one or maybe two names were left off. i believe that this puts you in a position that you can not make a decision on my rezone tonight, is this correct. As I understand it I have two alternatives one is to reinitiate or reapply for a rezone which will take two to three months, or if the folks who were not noticed would agree to sign a waiver of notice, they would not loose there chance to testify. The developers of Meridian Greens, Glenco I believe is the name which I also believe is owned by Glen Scott b Norm Fuller and I have talked with these gentlemen and discussed the possibility of their signing such a waiver and there not inclined to do that prior to this meeting but I've also had an opportunity to meet a representative of the Meridian Greens Homeowners, a Mr. Larry Borteto and we have tenativly scheduled a meeting with the homeowners on Thursday on next week at which time I would present in great detail the project. After meeting with the homeowners then Mr. Fuller, Scott or Glenco might consider signing the necessary piece of paper that would allow you folks to give me a decision. If you were to defer an action on this for two weeks until your next scheduled hearing - I would offer a request to defer action on this until the next regular scheduled meeting. Kingsford: I think that is appropriate. We have noticed it for Public Hearing so certainly for those people that got the proper notice we will want to except that Public testimony at this time. I'd recommend to the Council that we do continue this matter until the next meeting. Crookston: I think it would be. appropriate to have some .presentation of the circumstances and the need far rezone at this time for. two reasons, one if anyone from the public wants to testify they can have an opportunity to see what you propose and secondly that if the waiver is obtained then we wouldn't have to do it again necessarily. Kingsford: I think that that is appropriate for you to make a presentation at this time. Moore: The rezone request is for five acres which is located south of Overland Road, north on the freeway approximately 135 yards west of the Western States Dealership. The reason for the rezone is that it is now zoned CC, but it takes either a CG or an IL. I have with me tonight to answer any questions Billy Strite, Project Archltect 6 David Roylance, Project Engineer, we have the manager of the Boise Arnold Machinery present also. Also Ehe general contractor is here Neil Russell. MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE ll9 Moore: The configuration of Arnold Machinery is that it fronts on Overland Road for_ approximately 145 feet, the widest spot is about 240 ft. an3't's about 1,000 ft. long _._ which is the distance from OVerland to I-84. We are installing an entry road which will parallel the west edge of the Arnold Machinery site about 1/2 way to the freeway where it will culdesac, ultimately that road will serve the entire 22 acre. development. Arnold Machinery has no entrance or exit(ingressor egress) on or from , Overland Road. It has been suggested by the City that rather than our extending the.°~ sewer trunk line from its present termination point which is roughly at the north east corner of the Western States Equipment property, we would have to extend it westerly along the freeway to the corner of our property then run a service line up to service the Arnold Facility. I was asked if I would consider cooperating with the City and making a financial contribution at least equal to what it would cost us to bring the sewer from the east, and certainly I say yes. The nature of Arnold Machinery is basically an eight to five job, no night time activity, it will create essentially no additional traffic. Explained to the Council a drawing which was presented of the project. We have entered into what we call a Build to Suit Lease with Arnold Machinery. I am the primary owner, landlord of this property and all the improvement on it for at least fifteen years. In our build to suit agreement there is a clear provision that the tenant has the responsibility to maintain every part of the facility including the land and the landscaping in a manner consistent with first class appearance. I am proud of the reputation that I have, our projects are immaculately maintained. A meeting with Mr. Borteto, the Fullers & Glen Scott on Friday of last week, I was asked a questions, would we cooperate with the Meridian Greens people by establishing some landscaping at our entry. My answer to that is that we certainly will do that. Giesler: Speaking of thelandscaping, did I hear you right, that the landscaping part would be done originally by you and then the maintaining it would be up to Arnold Machinery. Moore: The developer myself provides all the materials, the building & everything. The tenant takes care of all the expenses of maintaining the property. In the event that they should neglect to maintain the building or the landscaping we have the right or obligation to go in and take care of that. The cost of the facility including the land will be between $1,400,000. and $1,500,000. Kingsford: Is there anyone else who wishes to offer testimony. Larry Bertetto, 665 Antigua, was sworn by the attorney. Bertetto: I was present-at the meeting held, and I just want to make it clear that I was there representing myself not the people. One of the concerns is the way this building faces you only see part of the side of the building;. ~ looked at the picture and to be quite frank with you it looks like a junk yard, with what is handled in there. What protection do we have? My concern is if he is given a delay and he meets with the people of that subdivison on the 26th, the following Tuesday is pretty fast time. Giesler: I have been by there and it is pretty well, I can see where you are coming from and the only thing that I can say is that if you'll or any of the homeowners, the only thing I can say that you have going for you, is that if you go look at some of Mr. Moore's - other projects that should help out. Kingsford: I know Mr. Moore to be of the very highest integrity.- I would amphl'ify what Mr. Giesler said. -- - -. _ MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE II10 Moore: If any one of us visited Arnold Machinery's existing facillty in Garden C1ty we'd be apauled by it, it does look terrible. That is why they have decided to relocate. There will be equipment on display but no rusty parks or junk sitting out. Ken Northness, 1703 S.E. 3rd Way, was sworn by the attorney: Northness: I am a concerned homeowner in Meridian Greens. Our water pressure is low in Meridian Greens now. As I understand it, Arnold Machinery has two divisions, one is a machinery division & a materials division, I assume they are going to move both divisions onto this five acres. School buses unload Meridian Greens kids right there on Overland Road, I don't think anything was said about widening the road. He said the access road will be for both the five acres and the twenty acres, is that correct. We appreciate his move to cooperate with landscaping. Vern Labernik 355 E. Antigua, was sworn by the attorney. Labernik: There was a comment made about a three net, a three net is the tennant pays the taxes, the maintenance and the insurance. Zonings were created for highest and best uses, I think this is of upmost inportance. Has there been an impact statement. done, if so I would like a copy of it. How about a frontage road paralleling I-84, that would be a much better access. Moore: I would like to briefly respond to Mr. Northness's comments. He is concerned about water usage, yes we will be using water there. We are"in fact widening Overland Road on our side, we are creating what they call a decel lane, we are doing curbs & gutters and a couple hundred feet of sidewalk. Kingsford: I just became_aware.of:a water :pressure .problem,.Mr. EUller has been doing some investigation with regard to whether it's our rein or laterals or what - Whatever the problem is it is our intent to have adequate water pressure there. Meeting for Thursday April 26th. At this time.I'd like to recommend that the Council continue this until the next scheduled Council meeting. The Motion was made by Myers and seconded by Tolsma to continue this until the next regularly scheduled meeting. Motion Carried: All Yea: There was a short recess. - -- --- ITEM #5: POBLIC HEARING:.- PRELIMINARY-PLAT FOR MERIDIAN PLACE #3: - Kingsford: Is there anyone present who wishes to testify, if so please come forward, state your name and be sworn. Julie Parker, .10900 Goldenrod Ave, Hoise was sworn by the attorney: Parker: I am representing the developer. We are proposing a 42 lot subdivision, one lot is to beset aside for the well lot for the pressurized irrigation system. we are continuing with City sewer and water. There have been concerns about low water pressure and we are going to-be-working with the City Engineer and-participating in any effort he sees that would help to alleviate that. These are all 8,000 sq. ft. minimum lots. We will have restrictive-:covenants for maintenance of the well lot and all streets are to be constructed to ACHD's standards. We are reducing the size of Chateau ~J MERIDIAN P & Z MARCH 13, 1990 PAGE #9 The Motion was made by Rountree and seconded by Alidjani 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 requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: ITEM #5: FI[~IDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR CO[~IDITIONAL USE PERMIT BY VALENTI & TIMSON: The Motion was made by Shearer and seconded by Rountree that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the Cityof Meridian that they approve the rezone requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: ITEM #6: FINDINGS OF FACT & ON REQUEST FOR REZONE BY W.H. MOORE: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning & Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded by Shearer that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: Crookston: Gave a brief overview of the meeting held regarding the changes to the Comp. Plan. (TAPE ON FILE) The Motion was made by Rountree and seconded. by Shearer to adjourn at 9:30 P.M.: (TAPE ON FILE) ATTEST: APPROVED: JIM JOHNSON, CHAIRMAN w.x. MDORE, INC: REZONE REQUEST CG TT LIGHT INDUSTRIAL COMMENT S 1: ADA COUNTYHIGE~AY DISTRICT: N(7Pf;LNG RECEI~7ED AS YET: 2: CENTRAL DISTRICT HEALTH: NO OBJECTIONS TO THIS PROPOSAL, IF ARNOLD DECIDES TO DEVEIAP PROPERTY, APPROVAL FROM THIS OFFICE IS REQUIRID PRIOR Tl0 BEGINNING CONSTRUCTION: 3: NAMPA MERIDIAN IRRIGATION: ALL LATERALS & WASTE WAYS SHALL BE P1~TECTID: ALL MUNICIPAL DRAINAGE MUST BE RETAINID ON SITE: 4: CITY F~IGINEER: 6 INCH WATER LINE EXISTS IN OVERI.~I~ID ROAD: SEWER LINE WILL NEID Ta BE EXTENDID FROM NORTHEAST CORNER OF WESTERN EQUIPMENT PROPERTY: 5: SEWER DEPAR7MET7'P: NO CG:~TTS AT THIS TIME: 6: BUILDING DEPARTMENT: NO PROBL~LS: 7: POLICE DEPARIY~PT: NO PROBLEMS: 8: ADA COUNTY HIGHWAY DISTRICT CONP~]TS ATTACHID: 9: PUBLIC HEARING HELD FEBRUARY 27, 1990 BEFORE THE P & Z COMMISSION, FIPIDINCS TO BE PREPARID WITH RECQN~IDATION OF APPROVAL BY THE CITY COUNCIL P & Z MEETING HELD MARCH 13, 1990, COMNffSSION APPROVID THE FIIIIJINGS APID RECCMf~1DID CITY COUNCIL APPROVE THIS REQUEST: (COPY OF FINDINGS ATTACHED) ADA COU~TY NIGFiWA~ DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83774 Inter-Department Correspondence Ada County Highway District Commission To: February 27, 1990 Date: From: Development Services Subject: MERIDIAN - REZONE OVERLAND E/O SOUTHEAST 3RD CG to Light Induatrial (W. H. Moore Co., PO Hox 8204, Boise ID 83707-2204) FACTS & FINDINGS: 1. W. H. Moore Co. requests a rezone from CG to Light Industrial for prop- erty located on the north side of Overland, east of SE 3rd. 2. Overland is designated a minor arterial street on the 1995 Urban Func- tional Street Classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes. The District is now requiring 80-feet of right-of-way and construction to a 65-foot back-to-back street section with five traffic lanes, due to the anticipated increase in traffic from the Eagle Road interchange on I-84. Overland Road has 50-feet of right-of-way (80-feet is required), and is improved with 24-feet of paving. 3. There are utility pole and irrigation facilities which will need to be relocated when future street improvements are constructed. if the rezone is approved and development proceeds, the District will pro- vide the following requirements to Meridian Planning & Zoning as conditions for compliance. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 40-feet of right-of-way from the centerline of overland abut- ting parcel. 2. Curb, gutter, 5-foot sidewalk and match paving shall be constructed on Overland abutting parcel. Improvements shall be constructed to a 65- foot back-to-back street section. :^.cz_~Iata. li ZT3. 3-O1-40 Meridian Rezone February 27, 1990 Page 2 Overland E/O SE 3rd CG to•Light Industrial STANDARD REQUIREPfENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Zdaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurte- nances, etc.) shall be relocated outside of the proposed street improve- ments. Authorization for relocations shall be obtained from the appro- priate entity. 5. Existing irrigation and drainage systems shall be continued across parcel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans showing that storm runoff will not flow into public right-of-way shall be submitted for review and appropriate action by ACRD, in compliance with Boise City Code 11-3-54 and ACHD policy. 8. Design data for proposed access to public streets shall be provided for review and appropriate action by ACHD. 9. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 10. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commis- sion action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have ary questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: Jchn R. Stolle~~, P.E. :".ER J::.:7. 1/QTR. OF COhIDfISSION APPROVAL: 3-01-90 SPECIAL MEETING P 6 Z • • r'`EBRUARY 27r 1990 PAGE #5 Johnson: Anyone else from the public who wishes to testify, hearing none the Public Hearing is now closed. The Motion was made by Shearer and seconded by Rountree to have the Findings of Fact and Conclusions of Law of drawn up and reflect approval in these Findings of Facts. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REZONE RDQUEST SY W.H. MOORS, INC. ON OVERLAL~ID ROAD: Johnson: I will open the Public Hearing is there anyone present who would like to come forward and testify of this issue. Winston Moore, 11665 Thomas Drive, Boise, was sworn by the Attorney. Moore: I am not here to give testimony, but am here to answer any questions you might have. Shearer: This abutts industrial property now, right, there is not a property between Western States and this that's zoned commercial. Moore: There is a property between my property and Western States, I'm not sure how it is zoned. In response to not receiving ACHD's camients, Dave Roylance is present and he has been working with ACRD the last few days. We understand what they are asking and we have agreed to that. They are requireing another 15 feet of right of way on the north side of Overland Road to create a sixty foot total right of way and a couple of other items that we agreed to. Dave Roylance, 285 First Street, Eagle, was sworn by the Attorney. Roylance: There is currently 25 feet of right of way and we are going to dedicate another 15 feet for a total of 40 on that side, a total of 80 ft. There is a couple of other things that they wanted done that are concerned with the geometry of the street which is standard and we are prepared to do that. The only thing that we have asked for and they have verbally agreed to is that we don't want to put sidewalks in. This particular property doesn't need slot of frontage, we just like to put a little interest in our project. Rountree: You indicated there is some landscape this appears to be to the east of the display pad, you can't really tell what happens on the west side. Roylance: There is a sign there and some landscaping in the front. Rountree: The bulk of the yard is going to be gravel. Roylance: Yes that's right. Heppe,: It states in your application that the final agreement has not been reached with Arnold Machinery, has the final agreement been reached? Moore: The final agreement has been reached, yes. Roylance: No decision on the sewer yet. Moore: It is our intention to work with the City. We have agreed to contribute an amount SPECIAL MEETING P & Z • FEBRUARY 27, 1990 PAGE ~6 • equal to what it would cost us to extend the trunk line from where it is now at Western Equipment to the corner of our property. Johnson: Is there anyone else who wishes to testify, hearing no response the Public Hearing is closed. The Motion was made by Hepper and seconded by Shearer to have the attorney prepare the Findings of Fact and Conclusions of Law with a reooamerx3ation for approval. Motion Carried: All Yea: ITEM #4: FINDINGS OF FACT 5 CAIJCLUSZONS OF LAW ON RDQiJFST FOR OObIDITIONAL USE PERMIT BY BATES/FISHEL FOR USED CAR LOT AT 225 WEST FRANKLIN: Johnson: If you don't have any questions please entertain a motion. The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Alidjani - Yea; Rountree - Yea; Shearer - Yea; Hepper - Yea: Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Rountree that the Meridian ?lanning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein and that. such conditional use be reviewed on an annum. basis for compliance with the conditions stated herein. Motion Carried: All Yea: ITEM 415: FINDINGS OF FACT 6 CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL _SE PERMIT BY TAMI SHOEMAKER AT 1031 EAST FIRST STREET FOR CUSTOM DECOR 6 GIFT SHOP: Johnson: Are there any questions on these Findings of Facts? Shearer: I am still bothered by S6 the second line that indicates the property to the north has previously been used commercially I think that should read that it is currently zoned commercially. Johnson: We can make that notation, that is correct it is zoned commercially. The Motion was made by Rountree and seconded by Shearer that the Meridian Planning 6 Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions of Law 1n addition to the amendment to Item N6. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they ~NTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEF,T ~ Rezone # ) :/?o/'c ~~ U~71f1 Conditicxia] Use # 1. 2. 3. _ 4. 5. 6. 7. 8. _ 9. 10. 11. 12. _ 13. Return to: _ Boise Fagle Meridian _ Kuna ACZ We have no objections to this proposal. We recommend denial of this proposal. Specific knrnJlcrlge as to the exact type of use must be provided before we can camcent on this proposal. We will require more data concerning soi] conditions on this proposal before we c<u~ ccxrrnE:nt. We wd]1 require more data concerning the depth of (high seasonal ground water)(sotid lava) from original grade before we can comment concerning individual. sewage disposal. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. We can approve this proposal for: _Central sewage Interim sewage lirdivi.dual sewage _ Ccmmuiity sewage systen and _Central water lndividua] water - Carrtnurity water well. Plans for _Central sewage ComBmity sewage systan Sewage dry lines, and _Central water _Camnmity water must he suhni_tted to and approved by the Regional Health and Welfare Environmental Services Field Office. Street runoff is not to create a mosquito breeding problem. This de~rtment would recexmiend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed then a sewage systen MUST be installed to meet Idaho State Sewage Regulations. We will. require plans be aihnitted fora plan review for any (food estab]ishment)(heverage establ.ishment)(swilmdng pools or spas)(grocery store). MstF~/ r Date Reviewed by -~Illlllillllllllii~lllllllil . ~~.~ ~ ~~~~~~~~R~~~~~~~~~~~~~ .~ o ~~ ~~ ~~ ~ ~ K~ ~~ ~~ ~ "~ w ~i ~ ~ ~ w ~ H ~ - ~ ~ ~ _ - - K ~7 v _ ~ ~ t - - M - .. _ i . ._.~ ~7 H _.A w - _ 1L97 _ - _ .... ..., _. 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H N ,'0 U ° H ~ O o ~z ~ o 7 O ~ ~o ~ Q¢ Oi y ~ i k r H c~ x H H z d' C H x H N 0 z r~ ro O .~ rt 0 L*! z H L] Cs7 ¢' 'p ~ N ~ O ',O ti] z K ~ H by L1 J [ .b N K ~ ~ H O to r H ~p O ~o z= o W • ~ d NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a special meeting at 7:30 o'clock p.m., Tuesday, February 27, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said meeting is to consider and .take action on the Application of Humbert Valenti and Gary and Peggy Timson for a rezone request for a professional photography studio at 1302 East first Street, Meridian, Idaho, and the Application of Jack Bruck for a conditional use permit for an automobile sales and detailing shop at Lots 9 and 10 Bowers First Addition, on the S.E. corner of first and Bower Streets, known by the address of 436 E. First, Meridian, Idaho, and the Application of W. H. Moore and Company for a rezone of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho, for a new regional facility for ARNOLD MACHINERY. This property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The public is welcome and testimony and comments will be taken regarding the above matters. DATED this~~h day of February, 1990. AMBROSE, FITZGERALD d OROONSTON At1orlMys NA CamNIM P.O. Bo1127 McNCIAn, bNo 0.b12 TINpNOM BBB.NE7 r 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., Tuesday, February 27, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of W. H. MOORE and COMPANY for a rezone of a portion of the S 1/2 of the SW 1/4 of Section 18, T. 3N., R. lE., B.M., Ada County, Idaho for a new regional facility for ARNOLD MACHINERY. The property is generally located North of Overland Road and 500 feet West of Western States Equipment Company, Meridian, Idaho. The Applicants are requesting a rezone from (C-G) General Retail and Service Commercial to (I.L.) Light Industrial for a 5 acre parcel. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED thi5,~7 ;~ day of February, 1990. AMBROSE, FITZGERALD B CROOKSTON ALLOmeye antl Counaelom P.O. Boa A2] Meridian, Idaho 838e2 Telephone 8B8-NBl BILLY RAY STRITE, ARCHI~ P.A. 2660 Grover Court BOISE, IDAHO 83705 (208) 336-8370 TO City of Meridian .._...._..... ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION 1 Rezone submittal THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ~ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ~r~~~~ o~ ~aQa~~o~~a~ DnrE roe No. 2/2/90 89144 ATTENTION Jack RE: Arnold Trucking ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ^ For review and comment ^ ^ FOR BIDS DUE_ 19 ^ PRINTS RETURNED AFTER LOAN TO US Jack - Please notify the applicant (Attn: Jeff Moore) should there be any additional items necessary. Thank you. COPY TO W. H. Moore FflCWCi YRt~A~i~1x., GMm.4m OIIiI. iO MCa MnXEiOILFgFE1mY115.gq ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications WE ARE SENDING YOU YS7 Attached ^ Under separate cover vla delivered the following items: REMARKS SIGNED: G~e%~-~`Tl /L,GC~ II enclosures are not es notetl, kintl/y natily us et once. .__-.. APPLICATION FOR ANNEXATION APPROVAL & ZONING Meridian Planning 6 Zoning Commission I. GENERAL INFORMATION Filing information W. H. Moore - Meridian Interchange Property (Proposed Name of Subdivision) Southeast corner I-84/State Highway 69 (General Location) See attached. (Legal Description - attach if lengthy) W. H. Moore/Diane C. Moore 323-1919 (Owner(s) of Record) (Name) (Telephone No. ) 11665 Thomas Drive, Boise, Idaho (Address) W. H. Moore, Inc. 323-1919 (Applicant) (Name) (Telephone No. ) 8150 Emerald, Suite 140 (Address) Billy Ray Strite, Architect, P.A. 336-8370 or Planner) (Name) (Telephone No. 2660 Grover Court, Boise, Idaho 83705 (Address) City of Meridian (Jurisdiction(s) Requiring Approval) Commercial/Industrial (Type of Subdivision-Residential, Commericisl, industrial) 5 Acres Acres of Land in Contiguous Ownership. .. ~~~ ~~~$~ ~~Rd ~ - R+ Oi ~ C' ~ M rJ T b ~ - ~ ~ _ ~~~ Uii K _ - ~' - - _ b~~ ~ ~ - ~ v d H _.n ~ _ ..- A = - _ - _ z ~ - ~ ~ - to - -- _ r H - ~ ~ _ ZO ~z ._ ~ O N H H H N y ~ ~ s x ~ : z ~' ~ ' y o o -- ~ H z H y o ~ ~ o k ~ ~ • H LTJ MH y p iy p z ~ . £ FC 'o ~ ~ ~ 8 ~ ` '" ~° ~ d ~z ~ o ~ + ~ ~ ~ ~~~ H ~ r H H z t9 H O x7 H ~ rt 0 z H z c~ ~. N z H z n H H 0 z- P7 r~ w p 4 N J r O ~~ F~ ~] ',d Q z k N lp 111 W >-a. ivy®®1$E C O M P A N Y Real Estate Development 0150 EMERALD, SUITE 140 (83704) P0. 00% 8204 BOISE, IDAHO 837072204 TELEPHONE (208) 323-1919 / FA% 323-7523 February 1, 1990 City of Meridian Planning and Zoning Department 33 E Idaho Avenue Meridian ID 83642 Gentlemen & Ladies: Re: Re-zone request Please consider this as our request for an industrial zoning designation for the 5 acre parcel identified by the attached property description. Our request is made to accommodate a new regional facility proposed for Arnold Machinery Company, a Salt Lake City based firm specializing in the sales, servicing and rental of construction, mining, industrial and farm machinery and equipment. Arnold Machinery was incorporated in 1929, is of very sound financtal condition, and employs nearly 200 people in Utah, California, Nevada, Wyoming and Idaho. The parcel is located about 500 feet west of Western States Equipment Company, the Caterpillar dealership. The planned facility will be similar in many respects to the Western States facility, and will otherwise be compatible with the evolving nature of the immediate vicinity. Although final agreement with Arnold has not been reached, we believe that, based on other interest in the parcel expressed by businesses similar in nature to Arnold, the best use of the property would be as permitted by the industrial zoning designation. Therefore, our request for re-zoning is not conditioned on Arnold's election to locate on this parcel. Thank you for your consideration. Slate of Idaho ) ss. County of Ada ) Sincerely, Winston H. Moore On this Ist day of February, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me [ha[ he executed the same. a Nota lic for Idaho ' Resi at ~lJiS. e ~ Comm Expires /-~o Q-~~ • ~ PROPERTY DESCRIPTION Lease Site for lease between Arnold Machinery - Winston H. Moore January 17,.1990 A parcel of land being a portion of the SS of the SW$ of Section 18, T.3N., R.lE., B.M., Ada County, Idaho, which parcel is more particularly described as follows: Commencing at a brass cap marking the Southwest corner of said Section 18; thence North 89°43'32" East 1343.69 feet along the centerline of Overland Road to a point; thence North 00°44'58" East 25.00 feet to an iron pin on the Northerly right-of-way of Overland Road, said point being the Real Point of Beginning; thence South 89°43'32" West 138.79 feet along the Northerly right-of-way of Overland Road to a point; thence North 00°44'58" East 277.25 feet to a point; thence North 39°15'02" West 160.95 feet to a point; thence North 00°44'58" East 634.57 feet to a point of curve; thence along a curve to the right, said curve having a central angle of 5°30'04", a radius of 1844.86 feet, and a long chord bearing North 86°32'00" East 177.06 feet to a point; thence North 89°16'53" East 65.66 feet to a point; thence South 00°44'58" West 1047.33 feet to the point of beginning. ~--~ MEMORANDUM OF CONTRACT THIS MEMORANDUM OF CONTRACT dated as of the ~ day of ~~!/-Jy~"_ 1980, between CECIL A. THOMAS and MARGIE L. TH0-1 Mpg; husband and wife (hereinafter "Seller"), and WINSTON H. MOORS and DIANE L. MOORS, husband and wife (hereinafter "Purchaser"); WITNESSETH: WHEREAS, Seller and Purchaser have entered into a Real Estate Contract dated the `Z day of ~, 1980 (hereinafter "Contract"), wherein Seller agreed to sell and Purchaser agreed to purchase the real property described on Exhibit "A" attached hereto and by this reference made a part hereof, upon the terms, conditions and provisions contained therein; NOW, THEREFORE, for valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, and in consideration of the mutual agreements herein and in said Contract contained, Seller and Purchaser have agreed and do hereby agree as Follows: 1. Premises. Upon and subject to the terms, conditions and provisions contained in the Contract, Pur- chaser and Seller have entered into a .Contract to purchase and sell the real property described on Exhibit "A" attached hereto (hereinafter "Real Property"). 2. Possession. Seller agrees to deliver posses- sion of the Real Property to Purchaser on the date of closing of this transaction. 3. Term. The term of this Memorandum of Contract is concurrent with the term of the hereinbefore referred Real Estate Contract. - ~~ MEMORANDUM OF CONTRACT - 1 ~~ 4. Deed on Full Payment. Seller agrees thatthey will, upon receiving full payment of the purchase price from Purchaser, execute and deliver to Purchaser a warranty deed to said Real Property as in said Contract provided. Pur- chaser is given the right to receive deed releases as per the terms of the Real Estate Contract. 5. Waiver and Relinouishment. The parties hereby acknowledge and consent that the execution of this Memorandum of Contract shall not waive or relinquish any of the rights as between the parties as provided in the said Real Estate Contract. 6. Attorneys' Fees. In the event either party is required to retain the services of an attorney in order to enforce the terms or provisions of this Memorandum of Contract, the prevailing party in any litigation arising therefrom shall be entitled to recover a reasonable attorneys' fee for the prosecution thereof. 7. Notices. All notices required to be given shall be in writing and shall be sent postage prepaid by United States certified mail, return receipt requested. Notice shall be deemed given on the date shown on the return receipt. The mailing addresses for Purchaser and.Seller are set forth below: Purchaser: Winston H. Moore and Diane L. Moore 11665 Thomas Drive Boise, Idaho 83705 Seller: Cecil A. Thomas and Margie L. Thomas 3775 N. Locust Grove Meridian, Idaho 83642 or at such other address as the parties shall specify in writing to the other party and to the escrow agent. MEMORANDUM OF CONTRACT - 2 8. Successors and Assigns. All of the terms, provisions and conditions set forth in this Memorandum shall be binding upon the successors and assigns of the parties hereto. SN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Contract as of the date first hereinabove written. Cecil A. Thomas Mar ie~ L. Thomas SELLER Wins 00 Diane L. Moore PURCHASER ~J `/ ~ U MEMORANDUM OF CONTRACT - 3 • STATE OF IDAHO ) ) 5S. County of Ada ) C~ On this ~~ ~ day of ~.r_(~~,~u," , 1980, before me, the undersigned, a Notary Public in an or saidState, personally appeared CECIL A. THOMAS and- RGIE L. THOMAS, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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. ,~ i Notary Public for Idaho Residing at Boise, Idaho STATE OF IDAHO ~ ss: County of Ada ) on this ~l ~ day of .~~b-'v-~..~4~ 1980, before me, the undersigned, a Notary Public in and or said State, personally appeared WINSTON H. MOORS and"--bIANE L. MOORS, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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. ~/ •~ _r h~rw ~~~ . ~ ~~ Notary Public for Idaho Residing at Boise, Idaho © ~~ MEMORANDUM OF CONTRACT - 4 EXHIBIT "A" Beginning at the Southwest corner of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, a brass cap at the intersection of Overland Road and State Highway 69; thence North O1°02'14" East 25.0 feet to a point; thence North 89°42'17" East 701.1 feet along the North side of Overland Road right of way to a steel pin, the REAL POINT OF BEGItifdING; thence North 0°45'17" East 949.52 feet to a brass cap in a concrete post; thence along the arc of a circular curve to the right along the South boundary o£ the right of way of Highway Interstate 80N a distance of 587.83 feet to a steel pin; (the chord of said arc bears North 80°09'22" East 585.34 feet, the radius of said arc is 1844.86 feet; and the central angle of said arc is 18°15'22") thence North 89°17'03" East 66.92 feet to a steel pin; thence South 0°45'17" West 1047.13 feet to a steel pin; thence South 89°42'17" West 642.35 feet to the REAL POINT OF BEGINNING. EXHIBIT "A" to P4emorandum of Contract, Cecil A. Thomas, et ux., Seller, Winston H. Moore, et ux., Purchaser : R 9E .i E3 a ~ . Fs :t3?s:y. Yi1~r a:aidi's~sji~ , 0 aESa B~q,5;3j~~ s E,s?$ssE.in:.c ~ w +ogg& ~ixxe~x~E3dI# 1a~~zi;~Ay+~."° i ~~x3e 0 E~^"raxs:'S g x°a"~aza a :i^:° Ef."~` ~E'd ~ ~giv5ra~s"ao~3~,gr!Ag~a a U ssEiue W ~i;s~9= s~YaE:iEir~_^.$a-.. 8 ~. s`-z o Evayj:xs-a~~5aq' ~i~yyq~Syyj!e~~i a ~ ~ra~: J ~r YI".5~~2: ke~~: ~tEt7E8 Eti. PE Y W ~°g~~ ~ a~'~iaSiElia'i,s"~ Sx-8?'~~gy 'F 0 `t:.... 3Y .iyq =~a Ss~p-'egs.~:•}ei g.: __. 5~5~5*~:~Px{~itrs~er3aa fir P A! .. E~VLL ! R..ni9'r~ ea~a:S~ESi sti.!Aj;i~~rae ~ s^ ze'?~~'~~,~~'ri9is~ ° s3 ~~iii. ca ~~Yp;a. n~.' ~~7.~'9ia ~,kdS.7 iEiesE .... ., t3~ .t Z ~_~Ei Yclnx•w~rw lnx -as:snr-i01 Isl•c~aF ,EQ'lrol '3.BGJ/°0'N_ 4mii9R"iYt-~~.. ._._. 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'`x~ ^Q t II ,] S „F,~40 ~° W R 7 U w~• 'al u'rEal 'W A "MI'M TJC 1. i ~`- -----_ i i I ~' T JI -_ .~~ . ~~ ~.~ , FREEWAY INTERCHANGE :, i <• ~I ~ <~ 1 AP-2 ~~.~ ~~ n,~~ ~, ,~ e~ ~, .X RI~'~- _„_ d - - -~ i ~ `z a 3~•• 10 - ~ 4- - - T 3 _7 t ~ i• • ~ I 9.--'1 ~;. 9 ~ 6 ~ q m 9 \ 2 g~ 5 •, S 123 i I ` i ~~ ~ ~ q ' 3 ~~G a ,' i^q 2 ~._ _ T ; IZ ~'~2~\ ~ ~ i~~ / 8 •yo~y ~ ' - Z ~ ~ I ~°F P ~~ -_9~ --~ ~ ~ ~ n 2 .~ '~'- 3 AP-2 R8 s~g~ ~~;z 2 __-____ : ~~i Ot M~nJO 5' ~ u Vance Cope 130 E. Overland Meridian, Idaho 83642 Winston Moore P. O. Box .8204 Boise, Idaho 83707 Thomas & Margie Cecil P. 0. Box 8240 Boise, Idaho 83705 Paul & Sharon Buskey 485 E. Overland Road Meridian, Idaho 83642 Clarence & Mabel Embury 525 E. Overland Meridian, Idaho 83642 Patrick Thacker 165 E. Overland Meridian, Idaho 83642 Queenland Acres, Inc. 485 W. Overland Meridian, Idaho 83642 Steven & Marcia Anderson 1713 Country Terrace Way Meridian, Idaho 83642 Larry & Sandra Janzen 1675 Country Terrace Meridian, Idaho 83642 Stan & Marlene Strecker 1637 Country Terrace Meridian, Idaho 83642 Clark & Marian Wilkinson 11405 Morocco Rd., NE Albuquerque, NM 87111 Gary Albery 1674 Country Terrace Meridian, Idaho 83642 Aron & Sandra Tarrant 1636 Country Terrace Meridian, Idaho 83642 David Kline 1635 Gibson Way Meridian, Idaho 83642 Marvin & Normal Rundell 1677 Gibson Way Meridian, Idaho 83642 Garry & Diane Street 1719 Gibson Way Meridian, Idaho 83642 Joseph Sirani 1718 Gibson Way Meridian, Idaho 83642 Victor & Diane Walstrom 1676 Gibson Way Meridian, Idaho 83642 Jay & Kathleen Stevenson 1634 Gibson Way Meridian, Idaho 83642 Bruce & Darachann Hes 1615 SE 3rd Meridian, Idaho 83642 Robert & Vickie Schuler 420 E. Antigua Meridian, Idaho 83642 Max & Sheila Dramstad 466 E. Antigua Meridian, Idaho 83642 ~: • ~pao~ pue~iaeo ~ ~ I __~ ~+ o • ~ ~w I ;~ 11~ ci i ~® ~ o ,, _., n e J 7 W p 4 ~ O s d ~ I < ~ Y u W N" 0 a u •a ~ ~ ~iiy ~...?4"S. 1,'' a ,i.~d.;~ 4 n '. _ a w w s v E •, • I S J ~ /. FREEWAY INTERCHANGE '~ ~I yt/ ~'~ ~! 2~ i /1/~ i.~ //' 7 R ~-,3- _„_ x~ 0 M AP-z ___ _ _ 24~~ 19 AP-2 i i V n~~ ~ ;i C r. i. o ~~ lA X m I ., II n~ o 8 ~ g 'a - 3 ~. f0 n 4__ T3 7 2~ :• _9 .. - m ~, __1 3 6 ~ 6 6 \2 .. 9` 5 •t S I j ~ I ~ • 2 is \, r0 ~Z~ ,~ 4 t '6 3 . J~ •F i ~O s fly 2 ~ 7 > ~l • ~'Q,9 \ '' , Z ' -(E ~~ ~fo M z S/v8 \! 1 f W 3 R 8 ';z ~ _ ,. Sri Df FrOUO 5• KEYNOTES: ~ ~ ~hrldn,~p ~_ ~!l~t.• l'e'OV14e .oonv. OutUt on pole. - 3Q ~! a?,Qrete dispia* trade lighted. 3l~ x li~•'gopcrete display wi canopy. ~npswginq .+ berne4 sod rith shrubs tress. ~lsed.hsri wd.niaaa 7Z" -cover with lawn rock. Gt~pacted rofd -~-ix. 2" asphalt plvi~. 3" asphalt psvinq• Paint~d~ stsip. cohes^st~ welt 3S. 6" Co 36.' 1ka11` 37. S~ hi -sa. ~' !!i 19. B" ~I -ret+~# -40. riL!- 41 .. ~• } ,1Y. ~n ~{) .. aD' ~~ Ia. aa. > +ld. *'1"/ . aM. 19. s0. 'Si. ~3~- 53.. 54. •65. 'db . ...yam.,... - ymsp4r barrier. , ,, Eejnoit~y (vinyl esoated) . :a x'd GI fent:e with 2-20 vide gates. .e (brooms knish) reap up~4f" with 3-sided concrete gall, prewide ~K to rs~p. ~ ~ ~k 1. up 14"- and. a8" saae as above h nfth 1....16 ~ 7t i6' Obi 'Door and 1 - 10 • x is" Oh ,ovidr poser to tsr~ant sappiied high prsssure wash ,' ~einisaw al.ztrie Mat +sgnised. ~.viiA high pressure ,water supply. provide well ~ ~eeadyte slab with ^inlws 6" curbs. Provide '.tor . pic~lcap. rDllisg GL qsG with latch or double hinged gste A:.. ~-~IIF#gn~1Gi tenant. ei~n by tea.ht. '~ ~, ; +uatNiar meter `enA landscape izrigatioa dn~ ed # ~ ~~piaal o! 9. Painted aoa~r+t color. ~~" ,~~~~MS3ed. - ~jp,~'e. i+~syYs[tigN {Oryvit +Oz e9~t) c~/cohrts. ~eoerad e~tt joints. ' q~pa+ellvllL. Iliil tinislt 'with solar grey thsraal Mi! ' front. Mill linigh with i/a" solar grey .-~'~• ~~- Y l;ts Y ~i• ,~ pit idtD steel tvhq ladder. ~+•~ .7t=y~,st~owr enclosure. .~,ini'~ritA ~, full height. ~ 'eoMntear for ter+ibe books. ;~~ ~ ~dth 1 shelves below. :r,.,pr - ,-lr.r,~:`~~titws sliding peas-lhru windoN. 4• pig CIR- screen wall. jet. n9. 1.0. El. ql. sa. i5. 66. Concrete filled steel bollards. ~~ ,,7 FREEWAY INTERCHANGE .i ~~ __ `_` , _ fERCHAN E~...___ I -+~ f _ _ - i i i IN ~ -' -- „pJ~, ~~,~~9 ' ,. I-i3- _„_ ,s• i i U ~~~ o- •~ ~ a~ ~; ,,. o, a . k m i -- ---- ___ - - -o- ~I _ ~ c1 ,< 1 2 ~~~~~ ~~ AP-Z' ' 3 AP- 2 R 8 s~e~ ~~1 W Iz ~ -~_< E~. II ~~, z ? 'a 3~ 10 ~4 T; _? 2~ _~ • ~ 9 I ~3 _ .~ e ~ 6 ~ 1 m ~' 9 \2 9~ y ~tS ~l3 ~ I •~ 13 .Skt'~, 6 z~!4 ~~N .I 2 7 >~ ~G 5 ,~ f\ ply } " 2 1 ~ c-oF ~P~'v., --90 ~E ~ FI r z - •,cel.•ooo s~ .~ ~~