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HomeMy WebLinkAboutHowell, Bill CUPOFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P A I Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST:_ Conditional Use Permit for a truck/trailer sales and service facility BY: Bill Howell LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY —CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ' 'r • • NAME: A--)\ \ \\ c ADDRESS: `/ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT \\ ---� (3 Cin (7-7 'HONE: -3 q -CYI GENERAL OCATION:(){�, DESCRIPTION OF PROPOSED CONDITIONAL USE:—ft- ZONING SE:ft ZONING CLASSIFICATION: '7K 1 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. w. Signature of Applicant Social Security Number_ J ~� f 5R- -,5e,3 9 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at TO SUBDIVISION, BLOCK , LOT Roylance & Associatos, P.A. 4619 Emerald, Suite D-2, Boise, Idaho 83706 MEMORANDUM 0 Engineers • Surveyors • Landplanners Telephone (208) 336-7390 Fax (208) 336-7391 TO: Shari Stiles Planning & Zoning Administrator, City of Meridian FROM: Sarah M. Bratley ROYLANCE & ASSOCIATES, P.A. DATE: September 15, 1995 RE: Attached Application for a Conditional Use Permit Please accept the attached Application for a Conditional Use Permit. Following is a list of information required in the application: 1. The applicant is Bill Howell, Transport Truck and Trailers, Inc., c% P. O. Box 15324, 4665 Enterprise St., Boise, ID 83715 (208) 344-0999 2. The legal owner is Par 3, an Idaho General Partnership, 3084 East Lanark Street, Meridian, ID 83642, (208) 887-7994. 3. Legal description of property is attached. 4. Notarized request for a Conditional Use Permit from titled owner and proof of ownership is attached. 5. The existing use of the property is agricultural. 6. Present land use is agricultural. 7. Proposed land use is industrial. 8. Present district is RT. Application for Annexation. & Zoning Request pending. 9. Attached are thirty copies of the vicinity map in the scale of one inch (1") equals three hundred feet (300') and an additional thirty copies in the scale of one inch (1") equals one thousand feet (1000') . 10. This proposal is compatible with other industrial facilities adjacent to the project. • Memorandum Shari Stiles September 15, 1995 Page 2 11. Attached is a list of all the property owners within a three hundred foot (300) radius of the property. 12. Fee based on total site of 28.49 acres and 12 certified mailing notices. Total fee attached is $275.00 + $18.60 = $293.60 13. Attached is a statement that the applicant will pay any additional sewer, water or trash fees or charges, if any, associated with the use. 14. The applicant's signature on the application is verification that he has read the contents thereof and verifies that the information contained therein is true and correct. 15. Signed affidavit regarding posting of property will be forwarded approximately 1 week before hearing date. If we may provide any further information, please contact myself or Dave Roylance at (208) 336- 7390. INSURANCE SCHEDULE C •% Fie Number. P140631 The land referred to in this Commitment Is described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO. 596683 AND BEING IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD) THENCE NORTH 0 DEGREES 11' EAST 1227.7 FEET; THENCE SOUTH 79 DEGREES 49' WEST 435.19 FEET; THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET; THENCE SOUTH 15 DEGREES 26' EAST 179.69 FEET; THENCE SOUTH 24 DEGREES 36' EAST 337.77 FEET; THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET; THENCE SOUTH 0 DEGREES 11; WEST 500 FEET; THENCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY. END OF LEGAL DESCRIPTION Roylance & Associcils P.A. 4619 Emerald, Suite D-2, Boise, Idaho 83706 Legal Description for Transport Truck and Trailer, Inc. Annexation and Rezone 091neers • Surveyors o Landplanners Telephone (208) 336-7390 Fax (208) 336-7391 September 18, 1995 Project No. 1665 A tract of land situated in the Southeast 1/4 of the Southwest 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the Southeast Corner of said Section 17; thence along the southerly line of said Section 17 South 89°46'-22" West a distance of 2656.94 feet to a found 5/8" pin monumenting the South 1/4 Corner of said Section 17; thence continuing along the southerly line of said Section 17 North 89°-52'-19" West a distance of 100.60 feet to a found steel pin, said pin being the POINT OF BEGINNING. Thence North 00°-24-58" East a distance of 500.60 feet to a found steel pin, Thence North 55°-16'-02" West a distance of 100.08 feet to a found steel pin, Thence North 24°-22'-02" West a distance of 337.77 feet to a found steel pin, Thence North 15°-12'-02" West a distance of 179.69 feet to a point, Thence North 25°-27'-02" West a distance of 243.79 feet to a point on the Centerline of Interstate 84, Thence following the Centerline of Interstate 84 Southwesterly 852.61 feet along the arc of a circular curve to the right said curve having a central angle of 05°-06'-56", a radius of 9549.30 feet, a chord bearing of South 84°-21'-35" West, a chord distance of 852.33 feet to a point on the westerly line of the Southeast 1/4 of the Southwest 1/4 of said Section 17, Thence leaving the Centerline of said Interstate 84 and following the westerly line of the Southeast 1/4 of the Southwest 1/4 of said Section 17, South 00°-28'-00" West a distance of 1172.35 feet to a found steel pin monumenting the Southwest Corner of the said Southeast 1/4 of the Southwest 1/4, Thence along the southerly line of said Section 17 and the Centerline of Overland Road South 89°-52'-19" East a distance of 1227.61 feet to the POINT OF BEGINNING. The above described tract of land contains 30.71 acres, more or less, subject to all existing easements and rights-of-way. Prepared by: ROYLANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax zA%vordtext11665\lega1.509 0411 Cluk- SCHEDULE C File Number. P134173 17f 97'000133 The land referred to in this Commitment is described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO. 596693 AND BEING IN SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH. RANGE 1 EAST. BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD) THENCE NORTH 0 DEGREE 11' EAST 1227.7 FEET; THENCE SOUTH 79 DEGREES 49' WEST 435.19 FEET; THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET; THENCE SOUTH 15 DEGREES 26' EAST, 179.69 FEET; THENCE SOUTH 24 DEGREES 36' EAST, 337.77 FEET; THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET; THENCE SOUTH 0 DEGREE 11; WEST 500 FEET; THENCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY. END OF LEGAL DESCRIPTION • PIONEEIt TITLE COMPANY OF ADA COUNTY 821 West State Strcct / Boise, Idaho 83702 (208) 336.6700 888 North Cole Road / Doise, Idaho 83704 r /, ,,, / (20?) 377-2700 �Shi(JvI1LIlu..sJ. FOR VALUE RECEIVED {U9`i►li1 17;3700(1134 6/i( PIONEER TITLE CQ, (' J� �-, i IPACE Akf l%+ Itrk kFt fJkU1NG DA A ♦: W! N! Ai. til JVI '4f )4f 1V. IV' :Vf of )lr� /tJ:llySi1 4J /V: /V�!L i' f '• . .. .., r... " WARRANTY DEED (INDIVIDUAL, RONALD W. VAN AUKER, a married man is Ills Sole and separate property, GRANTOR(s) dues (do) hereby (;RANI. BARGAIN. 11.1.1 aaJ (f•1.1' mots PAR 3, an Idaho general partnership GRANTEE(S), whosecurrem addreaaia• 3084 E. Lanark, Meridian, 11) 83b42 the following described real property in more particularly described as fulloxs. to wit: See the Attached Schedule C for IeQal description, which by this reference is incorporated herein. ( -1111%. \uncal IJahu• TO HAVE AND TO HOLD the said premises. unit their appurtenants unto the wid (iramtct ). anJ Grautec•r.l heti. and a,%tym �1 forevn. And the said Gramor(s) does Ido) hereby covenant tit and with the wid (iranteGra the (iramon•t n ar:• rhe uwntntar m tet simple of said premixes; That said premises are free from all encumbrance,. li!(C'EI' f those w which tits cuti.e>ancc �• caprcasla made subject and those made, suffered c dont by the Gramec(sl: and suhjecr to reservations, reatriettnna. dednationa. ca einem.. ngf.r• n( 3 3 way and agrermenas, (if any) of record, and general taxes and assessments, includes irrigation a• .f urilih aa.ea`11* ca tit arta, for the i current year, which art not yet due and pa?able, and that (iramor(s) will warrant and _defend the wove naps all I an% claime Z whatsoerer. Dated: October 21 1994 /�-- �^ nald V. Van Au er ; �STATL{'OF l.u•� Ida�p ; c 1, T--- ---_. County of Adg 2; On li;f day of October 2. in the year of I a Notary Public, personally appeared - �� —• before me i Ronald l:Auker t. `nQfi jden((f ied to me to be Qre personts) whose names) i s utittinen%ai�d iclinowkdged•10 me that _ he _ executed the sa Notary f blit: RaWingat: _ i..t My Commission '7— subscribed to the within 1.97000135 SCHEDULE C File Number. P134173 The land referred 10 in this Commitment is described as follows-. THAT PORTION OF THE SOUTHEAST OUARTER Of THE SOUTHWEST OUARTER LYING SOUTH OF THE INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO, 596603 AND BEING IN SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD) THENCE NORTH 0 DEGREE i V EAST 1227.7 FEET; THENCE SOUTH 79 DEGREES 49' WEST 435.19 FEET; THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET; THENCE SOUTH 15 DEGREES 26' EAST, 179.69 FEET; THENCE SOUTH 24 DEGREES 36' EAST, 337.77 FEET; THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET; THENCE SOUTH 0 DEGREE 11; WEST 500 FEET; THENCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY. END OF LEGAL DESCRIPTION E September 14, 1995 Mr. Willard W. Howell 4665 Enterprise Street Boise, ID 83715 Dear Bill: Par 3, An Idaho General Partnership 3084 East Lanark Street Meridian, Idaho 84642 208-887-7994 • This letter is to serve as our consent as the property owner for the rezoning, annexation and conditional use permit proposal you are submitting to the City of Meridian for 29 acre parcel located on Overland Road which is described in the legal description attached hereto. Please feel free to call should you or the city have any questions. Si rely, Richard M. Phillips General Partner State of Idaho ) )88. County of Ada ) Oa this _ �/` day of 1995, before me a Notary Pul 11 c in the Sate of Idaho, personally appeared fi�/iL�l , known or identi " ed to me to be one the partners in the partnership .-5' , that executed the said instrument and acknowledged to me that he executed the same in said partnership name. (K,o ary Public in ahosiding in N a, Idaho Commission Expires: 7/21/98 1W 0 File Number. P140631 SCHEDULE C The land referred to In this Commitment is described as follows: W—'- 0 —' THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO. 596683 AND BEING IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD) THENCE NORTH 0 DEGREES 11' EAST 1227.7 FEET; THENCE SOUTH 79 DEGREES 49' WEST 435.19 FEET; THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET; THENCE SOUTH 15 DEGREES 26' EAST 179.69 FEET; THENCE SOUTH 24 DEGREES 36' EAST 337.77 FEET; THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET; THENCE SOUTH 0 DEGREES 11; WEST 500 FEET; THENCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY. END OF LEGAL DESCRIPTION September 15, 1995 City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 To Whom It May Concern: We, the undersigned, agree to pay any additional sewer, water, or trash fees or charges,if any, associated with the use of the property described in this application. Willard W. Howell qng �a.. Howell VICINITY MAP TRANSPORT TRUCK AND TRAILER INC. A PORTION OF THE OR 1/4 OF THE NW 1/4 OF SECTION 17 TAN RIB BM ADA COUNTY IDAHO 150 75 0 150 300 450 SCALE IN FEET 4 IN"�EAS?ATS,•-,00 SITE OVERLAND ROAD ENGINEER W W K N 0 Z H N SCALE: 1" = 300• ROYLANCE AND ASSOCIATES PA ENGINEERS -SUR V EYORS-LANDPLANNERS 4619 SUITE D-2 EMERALD STREET BOISE IDAHO 83706 (208)336-7390 9309-1665 vtcpa .m N T (7� N 0 N (A N (A N U1 N (r N (A N -► -a -4 -h .► ; �. co (0 to (D co co CC)r ► r m Q co 0 co 0 co J co J co J co J to J w �+ .+ C Z W A 0 a WA. W N W 0 0 co O Ori 0 O O O O � O 1 � `° � `° � o ° CD � n ya D a o m Q° 1 = — X Q, m a 3 , n CA m CIDc'c co � ' O t7 Zi 0 N f� CD CL O a EL '� -% m � � 2 2 O A c;uD O 3 3 3 (m/! C D y J co a CL O O O co (D N CD 4 N N N o N o (p Om O m O m N N cn 0 CD V W r c Z p C- CU,0 C co W CD CD C < CD OW (D (D (D (D (D _= O, Z x m O V a m co Cl. CD 0)06 0 a rn i CD 1 C CD G. a (D a (D O. m O. (D O. (D O. W O (D 3. (D 3. m 0 A a a a aCD y a a m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 % 00 pw� 00 w 00 w 00 w 00 w 00 w Co W 00 w 0o w 00 W 00 W 00 N N N N N N N N OP N N p O coW T NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 10, 1995, for the purpose of reviewing and considering the Application of Bill Howell, for a Conditional Use Permit for land located in the SE 1/4, NW 1/4, Section 17, T. 3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located South of 1-84 and East of Locust Grove Road. The Application requests a Conditional Use Permit for a truck/trailer sales and service facility. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18th day of September, 1995. W - r F WpmM i' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 19, 1995, for the purpose of reviewing and considering the Application of Bill Howell, for a Conditional Use Permit for land located in the SE 1/4, NW 1/4, Section 17, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located South of 1-84 and East of Locust Grove Road. The Application requests a Conditional Use Permit for a truck/trailer sales and service facility. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 30th day of November, 1995. WILLIAM G. BERG, JR., 61T*CLERK CINITY MAP TRANSPOR VITRUCK AND IORAILER INC. A PORTION OP TIS 8Q V4 OR THE NW V4 !Am e=/%T20%u a� eau wry — - — • DECEIVED JAN - 5 19996 CITY OF MERIDIAN TO MEMBERS OF THE MERIDIAN CITY COUNCIL; GENTLEMEN TO SAY THE LEAST I WAS SHOCKED BY YOUR DECISION TO OVERTURN THE RECOMMENDATIONS OF THE PLANNING AND ZONING COM[ IITTEE ON THE PROPOSED TRANSPORT TRUCK AND TRAILER ZONING APPROVAL. IN LIGHT OF OVERWHELMING TESTIMONY AND RECOMMENDATIONS OF THE CITIZENS OF THE CITY OF MERIDIAN, INCLUDING ALL OF HIS ADJOINING NEIGHBORS HOW YOU COULD RENDER SUCH A DECISION IS MIND BOGGLING. WHEN I CALLED CITY HALL ON WEDNESDAY I WAS TOLD IN LIGHT OF THE CHANGES MR. HOWELL HAD MADE FOR HOURS OF OPERATION AND SIZE THAT THIS WAS A MAJOR DECIDING FACTOR. GENTLEMEN MR HOWELL HAS PLAYED THE CITY COUNCIL FOR A CHUMP I CAN NOT BELIEVE HE IS GETTING AWAY WITH IT. CONTACT FREIGHTLINER AT 503-287-7030 AND SEE HOW MANY FACILITIES OF THIS SIZE ANYWHERE IN THE UNITED STATES ARE OPEN TILL 6.00 P.M. I THINK YOU WILL FIND THAT NUMBER TO BE ZERO, IT IS NOT MR. HOWELL'S INTENT TO ONLY STAY OPEN TILL 6.00 P.M. THIS IS ONLY A PLOY TO SUCKER YOU INTO ALLOWING HIM GET HIS FOOT IN THE DOOR.. THE FACTS WERE BROUGHT UP IN OPEN DEBATE AT THE CITY COUNCIL MEETING. 1. THE FACTS AND FINDING OF RAND Z. 2. THE LACK OF EMPIRICAL DATA SUPPORTING THE PLAN I.E. TRAFFIC STUDY THAT A THREE YEAR OLD COULD REFUTE AND SOME CHILDISH SOUND STUDY THAT HIS BROTHER PERFORMED. THE SLIDE SHOW WAS CUTE BUT CERTAINLY DID NOT GIVE ANY CONVINCING REASON TO ALLOW THIS DEVELOPMENT. 3. I FIND IT IRONIC THAT MR. TOLSMA RAN HIS CAMPAIGN WITH PICTURES OF HIS GRANDCHILDREN IMPLYING HIS SUPPORT OF FAMILIES IN MERIDIAN, YET HE APPROVES A FACILITY OF THIS TYPE DIRECTLY ACROSS THE STREET FROM A PROPOSED ELEMENTARY SCHOOL THAT MY CHILD WOULD BE ATTENDING. 4. SAFETY IS A MAIN ISSUE IN WHY THE CITIZENS OF SOUTH MERIDIAN DO NOT WANT THIS TYPE OF DEVELOPMENT IN A RESIDENTIAL AREA. PRECEDENCE IN BOISE AND ANYWHERE ELSE IN THE COUNTRY SUPPORTS THIS CONTENTION. IF YOU DO NOT RECONSIDER YOUR DECISION THE RESULTING DEATH OR SERIOUS INJURY IS SOMETHING THAT YOU WILL HAVE TO CARRY AS YOUR FAULT TO YOUR DEATH, IT IS NOT SOMETHING I WOULD WANT TO HAVE ON MY CONSCIENCE. 5. YOU SPEAK OF A MASTER PLAN FOR THE CITY OF MERIDIAN, BUT YOUR APPROVAL OF THIS PROPOSAL DEMONSTRATES EITHER A LACK OF UNDERSTANDING OF WHAT A MASTER PLAN IS OR DISREGARD OF THE VERY CONCEPT. BY ALLOWING T19S DEVELOPMENT YOU CHANGE THE GROWTH DIRECTION OF THIS ENTIRE AREA. THIS POINT WAS EXPLAINED BY PLANNER BECKY BOWCUTT DURING HER TESTIlVIONY. INSTEAD OF UPPER END HOUSING PROJECTS WE WILL HAVE TRUCK SUPPORTIVE INDUSTRIES SUCH A TRUCK TERMINAL WHICH RUN 24 HOURS (MAYBE THEY WILL TELL YOU THEY WILL ONLY BE OPEN TILL 6.00 P.M. TX) GET APPROVED TOO), FABRICATION SHOPS, AND OTHER RELATED INDUSTRIES. TAKE THE TIME TO CHECK OUT WHAT MR. HOWELL HAS TOLD YOU AND INVESTIGATE WHAT IS REALLY THE CASE AT ANY LOCATION IN THE COUNTRY. IF THIS PROPOSAL IS NOT APPROVED GROWTH AND THE TAX BASE WILL STILL COME, BUT IT WILL BE IN THE FORM OF MORE HARMONIOUS BUSINESSES SUCH AS ALLIED REALT H INDUSTRIES OR SMALL SHOPS. 6. IN VIEW OF THE ADDITIONAL DANGEROUS TRAFFIC, NOISE, AND NONCOMPATIBLE NATURE OF THIS BUSINESS I IMPLORE YOU TX) TABLE THIS DECISION AT THE LEAST TILL 6 C� YOU HAVE HAD A CHANCE TO SEE MR. HOWELL'S CURRENT BUSINESS AND SEE HOW IT LOOKS AND ALSO TO REALLY CHECK OUT THE FACTS. I BELIEVE THAT THE LACK OF SUPPORT OF THIS PROJECT WAS DEMONSTRATED AT BOTH P. AND Z. AND AT YOUR MEETINGS. SOUTH MERIDIAN HAS THE HIGHEST VOTER TURN OUT OF ANY AREA OF MERIDIAN AND I AM SURE THAT THIS DECISION WILL NOT BE FORGOTTEN AT THE NEXT ELECTION. YOU WERE ELECTED TO PROTECT AND **REPRESENT** THE CITIZENS OF THE CITY OF MERIDIAN PLEASE DO NOT OVERRIDE THAT TRUST FOR THE PROPOSAL OF MR. HOWELL A BOISE RESIDENT. .-f , THANK YOU FOR YOUR TIME. /Z-/ CC IDAHO STATESMAN,CHANELS 2,7,6, MERIDIAN NEWSPAPER V018S30 1110 lrjjjU, va aaaaiwaaraau aaa%, L Y1 1 CDaas Divtsilon ;' Name of Class or Exernple " Divisive �k,t to 'V! 1 Explosi Mass ves Dynamite 1.2 Projection Hazards Flares �, .3. Mass Fire Hazards Display Fireworlm y 1.4 Minor Hazards Ammunition 1.5 Very Insensitive Blasting Agents 1.6 Extremely Insensitive Explosive Devices 2' 2.1 Flammable Gases Propane 2.2 Non -Flammable Gases Helium 2.3 P0is0r10uS1T0* Gases Fluorine, Compressed 3 - Flammable Ligwds Gasoline Combustible Liquids Fuel Oil 4 4.1 Flammable Soids Ammonium Picrate, Wetted 4.2 Spontaneously White Phosphorus Combustible 4.3 Spontaneously Sodium Combustible When Wet 5 5.1 Oxidizers Ammonium Nitrate 5.2 Organic Peroxides Methyl Ethyl Ketone Peroxide 6 6.1 6.2 Poison (Toxic lbtedal) Potassium Cyanide Infectious SUbSUnces Anthrax Virus 7Radioactive Uranium Corrosives Battery Fluid Misc. Hazardous Materials Polychlorinated Biphenyls (PCB) �ne ORM-D (Otherfkplated Food Flavorings, Medicines Material - Danestic) 4>, cl( S Page 9-3 a ,/.,p CO Sound Level Study Transport Truck & Trailer Annexation, Zone Change and Conditional Use Permit City of Meridian Overview: This study was conducted in-house by Transport Truck and Trailer. The data was collected over a period of approximately one week by personnel trained in the use of a Type II ANSI Sound Level Meter (Quest 214). The A -weighted sound level was measured and collected at 15 second intervals for a twenty minute time period at each site. The data sheets record the actual meter reading (to the closest decibel) at each site. Unusual occurrences and out -of -character meter readings were recorded with a code adjacent to the level as a means of source identification. The table that follows summarizes the data that was collected. A more detailed description of the collection and analysis is attached. Data Summary Location Date Time Ave A -weighted Sound Level Current dealership site 12/4/95 11:OOAM 53 dB Eagle Rd. & Island Wood Dr. 12/4/95 1:30PM 67 dB Island Wood Sub. clubhouse 12/4/95 2:OOPM 51 dB Eagle Rd. & Chinden Blvd. 12/4/95 2:30PM 67 dB Banbury Subdivision 12/4/95 3:15PM 44 dB E. Amity & Danridge Dr. 12/5/95 8:OOAM 59 dB Table Ridge & Pine Ridge 12/5/95 8:35AM 47 dB Peterbilt, Gowen Rd @ I-84 12/7/95 11:35AM 51 dB Cherry Plaza, Meridian 12/7/95 11:OOAM 61 dB 632 Antigua, Mer. Grns 12/7/95 10:20AM 37 dB Overland & Country Terr. 12/7/95 8:30AM 49 dB Overland & Bonefish 12/7/95 9:10AM 57 dB Measurement Methods: Principal data for this study were obtained from the sites located along or adjacent to the listed street or interior locations. All measurements made at these sites employed the same procedure. The methodology employed is consistent with the Boise Community Noise Survey published by the Office of Noise Abatement and Control, United States Environmental Protection Agency as Document Number EPA 550/9-79-402 in May of 1979. This document is available in the Boise City Library. At each site, sound level recordings were continuously made for a twenty minute period sometime between the hours of 7:OOAM and 6:OOPM during weekdays. For each twenty minute measurement period, the A -weighted sound pressure level was monitored using an ANSI S 14 Type S2A sound level meter set for slow response. A Quest 214 was used for each test. Every fifteen seconds the instantaneous meter reading was observed and the value recorded on the data sheet. In this fashion, approximately eighty sound level values were recorded at each site for subsequent reduction. Any sound level readings from local sources which caused the reading to exceed 70 dB were described on the data sheets by a notational code which identified the source. Measurement Error: The twenty minute measurements were obtained by manually reading a meter and recording the results at fifteen second intervals. Uncertainty in these readings is provoked by calibration accuracy, meter accuracy and reading accuracy. The meter and its calibration unit were tested and certified by Coulson Technologies, Billings, Montana on November 28, 1995 to the standards of the National Institute of Standards and Technology. The meter was field calibrated according to manufacture's specifications prior to each twenty minute test. The level of confidence that the meter was accurate to plus or minus I dB for each reading is quite high. In a human endeavor, the probability of error exists. Because each site represents the average of eighty total and separate readings and there is no reason to assume or expect that errors would be biased toward the minus or plus side, the level of confidence is quite high that the average sound pressure level calculated for each site is also within plus or minus 1 dB. Measurement errors due to instrument or reading errors are presumed to be randomly distributed about the mean values and therefore will not significantly alter the calculated sound levels or their means. Analysis of Data: The number of sites sampled is too small to draw any statistical inferences about Equivalent Sound Levels (Ley), but they do serve to present an accurate "snapshot" of the sound pressure levels, measured in decibels, at the time and date of the individual sampling. The sites were chosen to fairly represent and address the legitimate concerns of the public during the Planning and Zoning public hearing phase of the proj ect. The measurement at the current dealership was taken mid-day and includes a spike resulting from the landing approach of a Southwest Airlines 737 aircraft. The Peterbilt site at Gowen Road and I-84 was sampled at a site between the main building and the body repair/paint shop and also includes a jet aircraft spike. Both samplings compare favorably with the data collected for the Boise City study of 1979. The Boise City study had data available from a total of 307 20 -minute measurements. The data were statistically reduced to provide an average daytime L., for the following types of land uses: "53.7 dB -- Residential Land Use 62.9 dB -- Commercial Land Use 54.2 dB -- Industrial Land Use 65.4 dB -- Airport Influence NET 40 Zone 57.7 dB -- Airport Influence NET 30 - 40 Zone 52.5 dB -- Parks, Open or Undeveloped Space 65.9 dB -- High Volume Roads 64.0 dB -- Medium Volume Roads 54.2 dB -- Low Volume Roads" Our findings are in fairly close conformity with the Boise City Study of 1979. Recorded noise levels are more a function of volume and velocity of traffic than land use catagory. The basis for our comparison is the 51 dB value obtained from the existing Peterbilt site at the Gowen Road Exit of I-84, which is essentially the same type of land use and impact as the proposed Transport Truck and Trailer site along Overland Road and the 61 dB value obtained from the parking lot of the Cherry Plaza in Meridian. Both readings were taken mid-morning with the Peterbilt site in full operation and the Cherry Plaza parking lot at approximately 25% of capacity. The Transport Truck and Trailer noise survey also made several comparison readings between the noise levels on arterial type streets and the noise levels inside subdivisions adjacent to those arterials. The first comparison was made at the Island Wood Subdivision located along Eagle Road at the Boise River. The sound level at the intersection of Eagle Road and Island Wood Drive was found to be 67 dB. This reading was taken at 1:30 PM to avoid a biased value from morning or evening rush traffic. The site was chosen to be 50' +/- east of the Eagle Road and 30' +/- north of the Island Wood Dr. curb line. The interior comparison value was taken in the parking lot of the Island Wood clubhouse. The value at this site was 51 dB. The clubhouse and parking lot were empty at the time of the readings. The value at the Island Wood clubhouse is equal to the value found at the Boise Peterbilt site. A comparison was made at the intersection of Eagle Road/Chinden Blvd. and the Banbury Subdivision located in the northwest corner of said intersection. The readings at the intersection were found to average to a level of 67 dB, consistent with the noise level • 0 on Eagle Road at the river. These readings were taken at 2:30 PM with the site chosen to be 75' +/- of the n'ly edge of pavement of Chinden Blvd. and 50' +/- w'ly of the edge of pavement of Eagle Road. The interior readings were taken approximately 1500' north of Chinden Blvd. on the w'ly curb line of Banbury Drive. The average level was recorded as 44 dB. A comparison was also made along East Amity Road during morning rush hour traffic. The site was chosen to be the entrance to the Breckenridge subdivision at Danridge Drive. The sound meter was located 50' +/- from the n'ly edge of Amity and 50' +/- from the w'ly curb line of Danridge. The recordings began at 8:00 AM. The average sound level along the intersection was found to be 59 dB. The interior site was chosen to be near the intersection of Table Ridge. and Pine Ridge Drives. This location placed one row of homes between the interior site and the traffic on Amity Road. The average sound level was found to be 47 dB. The final comparisons were conducted on Overland Road near the intersection of Bonefish for the exterior readings. The readings began at 9:10 AM and were found to average 57 dB. The interior readings were taken at two locations within the Meridian Greens Subdivision. The first, at the intersection of Overland Road and Country Terrace Dr. was taken at 8:30 AM and the meter was located approximately 150 south of Overland Road on the e'ly curb line of Country Terrace Dr., but without any housing blocking the sound. The average sound level was found to be 49 dB. A second set of interior readings were made on the curb line of Antigua adjacent to the house at 632 Antigua. This location was approximately 150 w'ly from the intersection of SE 5th Way. The average sound level at this site was found to be 37 dB. Conclusions: 1: Sound levels are more a function of traffic volume than land use patterns. 2: The Sound Level expected from this use is less than most other commercial/retail uses because this use generates a minimun traffic volume. 3: The recorded Sound Levels for the existing facility correspond closely to the recorded Sound Levels at similar facilities that are owned by others, i.e., the Peterbilt site. 4: Sound Levels for the proposed site will be mitigated by the use of sound absorbing insulation, landscaping and distance from neighboring uses. 5: The Sound Level from this proposed use are not incompatable with adjacent residential uses because: a) The traffic generation is minimal, approximately 3% of the current daily trips on Overland Road. b) The proposed project is well buffered from neighboring uses by both physical obstacles and distance. c) The noise produced on-site is very modest. Sound pressure levels are mitigated in several ways. Physical obstacles, such as fences, earthen berms or a row of houses serve to substantially reduce the level of noise. Sound also obeys the inverse square law which simply states that the sound level pressure is inversely proportional to the distance from the source. If you increase the distance from the sound by two you will reduce the sound level pressure by 75%. This study suggests that high volume arterial roadways are indeed noisy places but, keeping things in perspective, the noise level recorded at the Boise Peterbilt site was the same as the noise level recorded at the upscale Island Wood Subdivision clubhouse. This finding correlates very closely with the 1979 Boise City Study that found that noise levels are much more a function of traffic volume and speed that the land use designation of the study area. The level of sound pressure experienced by homeowners in residential subdivisions along arterial streets is a function of traffic volume and speed. The applicant's proposed project will mitigate on-site sound levels by using both distance, landscaping and sound insulation in the buildings walls. The applicant's current facility fits within the proposed limitations of a noise sensitive area in Boise City's upcoming noise ordinance. Off-site mitigation is addressed by the Trip Generation and Traffic Distribution Analysis provided by Bell -Walker Engineers. This report concludes that the proposed project will have a negligible impact upon the current traffic patterns along Overland Road with 95% of an already low volume of generated traffic using the Eagle interchange rather than traveling along Overland Road. Generated trips will be 212 per day (174 automobile trips and 38 truck trips) versus the current level of 7000 trips per day. This is the equivalent impact of a twenty lot subdivision using the guidelines established by ACHD in estimating traffic impact. Land uses such as a mixed use or planned development of commercial buffered by medium to high density residential units would have a significantly higher impact upon local noise levels by virtue of a much higher generated volume of traffic. • A -Weighted Sound Level: Decibel (dB): • Glossary A sound level determined using the "A" frequency weighting of a sound level meter which selectively discriminates against high and low frequencies to approximate the auditory sensitivity of human hearing at moderate sound levels. Measures such as Leq and Ld,,, which are developed in terms of A -Weighted sound levels, have been widely correlated with degrees of community noise impact and annoyance. A unit for describing the amplitude or level of acoustical quantities - see Level. Frequency: The number of sound pressure fluctuations per second of a particular sound expressed in hertz (cycles per second). Frequency is the property of sound that is perceived as pitch. Level: A scale for describing the amplitude of acoustical quantities. In environmental acoustics, usually ten times the logarithm (base 10) of the ratio of an acoustical quantity which is proportional to power (i.e., sound power, sound pressure squared, sound intensity, etc.) to a reference quantity of the same kind. The value is assigned the unit decibels. Sound Level: The instantaneous sound zpressure level in decibels defined as LP =I 0 log (p /p2ref) where p is the acoustic pressure and prefis 20 micropascals. In practice, this quantity is measured in decibels directly with a sound level meter, usually applying the A -Weighting network of the meter. Location• Date: Site Sketch: • 0 Sound Level Data Sheet Time: Operator: A -Weighted Sound Level, Decibels: 1• 2: 3• 4• 5• 6• 7• 8• 9• 10: 11: 12: 13: 14: 15: 16: 17: 18: 19: 20: 21: 22: 23: 24- 25- 26-- 27: 4:25:26:27: 28: 29: 30- 31: 30: 33: 34: 35: 36: 37: 38: 39: 40: General Comments: 41: 42: 43: 44: 45: 46: 47: 48: 49: 50: 51: 52: 53: 54: 55: 56: 57: 58: 59: 60: 61: 62: 63: 64: 65: 66: 67: 68: 69: 70: 71: 72: 73: 74: 75: 76: 77: 78: 79: 80: •. • Trucks in Accidents Data for this overview has been gathered by the Office of Safety of the State of Idaho Transportation Department and can be found in its entirety in a report named Idaho Traffic Accidents, 1994. An Overview: The report contains data for the years 1991 to 1994, inclusive. Through this four year reporting period heavy trucks, as a vehicle type, have been involved in approximately 4% of accidents as opposed to approximately 60% for passenger cars and approximately 32% for pickups, vans and campers. Of particular significance are the rates of change for the years 1993 to 1994. Both passenger cars and heavy trucks have had declining rates of involvement; -7.2% and -5.7%, respectively, while the incident rate for pickups, vans and campers has increased by 13.9%. 0 0 RECEIVED JAN - 5 1996 CITY OF MERIDIAN TO MEMBERS OF THE MERIDIAN CITY COUNCIL; GENTLEMEN TO SAY THE LEAST I WAS SHOCKED BY YOUR DECISION TO OVERTURN THE RECONNIENDATIONS OF THE PLANNING AND ZONING COMMITTEE ON THE PROPOSED TRANSPORT TRUCK AND TRAILER ZONING APPROVAL. IN LIGHT OF OVERWHELMING TESTIMONY AND RECOMMENDATIONS OF THE CITIZENS OF THE CITY OF MERIDIAN, INCLUDING ALL OF HIS ADJOINING NEIGHBORS HOW YOU COULD RENDER SUCH A DECISION IS MIND BOGGLING. WHEN I CALLED CITY HALL ON WEDNESDAY I WAS TOLD IN LIGHT OF THE CHANGES MR. HOWELL HAD MADE FOR HOURS OF OPERATION AND SIZE THAT THIS WAS A MAJOR DECIDING FACTOR. GENTLEMEN MR. HOWELL HAS PLAYED THE CITY COUNCIL FOR A CHUMP I CAN NOT BELIEVE HE IS GETTING AWAY WITH IT. CONTACT FREIGHTLINER AT 503-287-7030 AND SEE HOW MANY FACILITIES OF THIS SIZE ANYWHERE IN THE UNTIED STATES ARE OPEN TILL 6.00 P.M. I THINK YOU WILL FIND THAT NUMBER TO BE ZERO! IT IS NOT MR. HOWELL'S INTENT TO ONLY STAY OPEN TILL 6.00 P.M. THIS IS ONLY A PLOY TO SUCKER YOU INTO ALLOWING HIM GET HIS FOOT IN THE DOOR.. THE FACTS WERE BROUGHT UP IN OPEN DEBATE AT THE CITY COUNCIL MEETING. 1. THE FACTS AND FINDING OF RAND Z. 2. THE LACK OF EMPIRICAL DATA SUPPORTING THE PLAN I.E. TRAFFIC STUDY THAT A THREE YEAR OLD COULD REFUTE AND SOME CHILDISH SOUND STUDY THAT HIS BROTHER PERFORMED. THE SLIDE SHOW WAS CUTE BUT CERTAINLY DID NOT GIVE ANY CONVINCING REASON TO ALLOW THIS DEVELOPMENT. 3. I FIND IT IRONIC THAT MR. TOLSMA RAN HIS CAMPAIGN WITH PICTURES OF HIS GRANDCHILDREN IMPLYING HIS SUPPORT OF FAMILIES IN MERIDIAN, YET HE APPROVES A FACILITY OF THIS TYPE DIRECTLY ACROSS THE STREET FROM A PROPOSED ELEMENTARY SCHOOL THAT MY CHILD WOULD BE ATTENDING. 4. SAFETY IS A MAIN ISSUE IN WHY THE CITIZENS OF SOUTH MERIDIAN DO NOT WANT THIS TYPE OF DEVELOPMENT IN A RESIDENTIAL AREA. PRECEDENCE IN BOISE AND ANYWHERE ELSE IN THE COUNTRY SUPPORTS THIS CONTENTION. IF YOU DO NOT RECONSIDER YOUR DECISION THE RESULTING DEATH OR SERIOUS INJURY IS SOMET ZING THAT YOU WILL HAVE TO CARRY AS YOUR FAULT TO YOUR DEATH, IT IS NOT SOMETHING I WOULD WANT TO HAVE ON MY CONSCIENCE. 5. YOU SPEAK OF A MASTER PLAN FOR THE CITY OF MERIDIAN, BUT YOUR APPROVAL OF THIS PROPOSAL DEMONSTRATES EITHER A LACK OF UNDERSTANDING OF WHAT A MASTER PLAN IS OR DISREGARD OF THE VERY CONCEPT. BY ALLOWING THIS DEVELOPMENT YOU CHANGE THE GROWTH DIRECTION OF THIS ENTIRE AREA. THIS POINT WAS EXPLAINED BY PLANNER BECKY BOWCUTT DURING HER TESTIMONY. INSTEAD OF UPPER END HOUSING PROJECTS WE WILL HAVE TRUCK SUPPMII VE INDUSTRIES SUCH A TRUCK TERMINAL WHICH RUN 24 HOURS (MAYBE THEY WILL TELL YOU THEY WILL ONLY BE OPEN TILL 6.00 P.M. TO GET APPROVED TOO), FABRICATION SHOPS, AND OTHER RELATED INDUSTRIES. TAKE THE TIME TO CHECK OUT WHAT MR. HOWELL HAS TOLD YOU AND INVESTIGATE WHAT IS REALLY THE CASE AT ANY LOCATION IN THE COUNTRY. IF THIS PROPOSAL IS NOT APPROVED GROWTH AND THE TAX BASE WILL STILL COME, BUT IT WILL BE IN THE FORM OF MORE HARMONIOUS BUSINESSES SUCH AS ALLIED HEALTH INDUSTRIES OR SMALL SHOPS. 6. IN VIEW OF THE ADDITIONAL DANGEROUS TRAFFIC, NOISE, AND NONCOMPATIBLE NATURE OF THIS BUSINESS I IMPLORE YOU TO TABLE THIS DECISION AT THE LEAST TILL YOU HAVE HAD A CHANCE TO SEE MR. HOWELL'S CURRENT BUSINESS AND SEE HOW IT LOOKS AND ALSO TO REALLY CHECK OUT THE FACTS. I BELIEVE THAT THE LACK OF SUPPORT OF THIS PROJECT WAS DEMONSTRATED AT BOTH P. AND Z. AND AT YOUR MEETINGS. SOUTH MERIDIAN HAS THE HIGHEST VOTER TURN OUT OF ANY AREA OF MERIDIAN AND I AM SURE THAT THIS DECISION WILL NOT BE FORGOTTEN AT THE NEXT ELECTION. YOU WERE ELECTED TO PROTECT AND "REPRESENT" THE CITIZENS OF THE CITY OF MERIDIAN PLEASE DO NOT OVERRIDE THAT TRUST FOR THE PROPOSAL OF MR. HOWELL A BOISE RESIDENT. O i THANK YOU FOR YOUR TIME. CC IDAHO STATESMAN,CHANELS 2,7,6, MERIDIAN NEWSPAPER class. The _types of i ntauuvu in uivsv Y viasses are in tne taoie oeiow. 'r Y i' • 1 � • F �l � 4 �' y3� dye_ ,.A . ..• 9 } f. i a "tea: he gyp, Name of Class or Example Division "Mass Explosives Dynamite Projection Hazards Flares OK13 Mass Fire Hazards Display Fireworks Minor Hazards Ammunition 1.5 Very Insensitive Blasting Agents 16 ely Extrem insensitive Explosive Devices 2.1 Flammable Gases Propane 2.2 Non -Flammable Gases Helium 2.3 PoisonoustToxic Gases Fluorine, Compressed 3'`' - Flammable Liquids Gasoline Combustible Liquids Fuel Oil 4: 4.1 Flammable Solids Ammonium Picrate, Wetted a 4.2 Spontaneously White Phosphorus Combustible 4.3 Spontaneously Sodium Combustible When Wet ry5 w 5.1 Oxidizers Ammonium Nitrate 5.2 Organic Peroxides Methyl Ethyl Ketone h ' Peroxide 6 `;' 6.1 Poison (Toxic Material) Potassium Cyanide * 6.2 Infectious Substances Anthrax Virus '70 ° . Radioactive Uranium :F Y Ma 81 - Corrosives Battery Fluid f `' Misc. Hazardous Materials Polychlorinated Biphenyls (PCB) �ne - ORM-D (Other Regulated Food Flavorings, Medicines Material - Domestic) 9 } f. i a "tea: he Meridian City Council December 19, 1995 Page 62 Corrie: Second Tolsma: Moved by Walt, second by Bob to have the findings of fact and conclusions of law to be read on January 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCK/TRAILER SALES AND SERVICE FACILITY BY BILL HOWELL: Tolsma: I think what the Council would want on this is all the previous testimony that was on the previous item, the request for annexation and zoning, the same testimony would be used on this hearing for a conditional use permit also. But you are more than willing to testify, but the testimony we can use it as the same testimony as before. Berg: Wayne do we need that motion? Crookston: Yes you do. Yerrington: So moved Corrie: Second Tolsma: Moved by Max, second by Bob to have the same testimony be used for item 18 the public hearing request. I will open the public hearing and ask a representative to represent. Howell: I am not going to give any testimony, I simply want to indicate that we certainly consent to having the record of the previous hearing incorporated into this one. Tolsma: Anybody from the public wish to testify on this? Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney. Merritt: I will be brief, what I would like to do right now is just submit to the City Council written testimony of what the statements that I read in the past I would just like to submit it to the City. Tolsma: So noted then. Is there anybody else from the public that wants to testify on this issue? Seeing none I will close the public hearing on this item. Council members. Utilize the same findings we will (inaudible). Meridian City Council December 19, 1995 Page 63 Yerrington: Are these the same findings Wayne? Crookston: They would be you have those are, the findings that you have are both the annexation and zoning and conditional use permit. Morrow: Mr. President I would move that we instruct the City Attorney to prepare new findings of fact and conclusions and have them prepared for our January 2 meeting under old business. Yerrington: Second Tolsma: Moved by Walt, second by Max to have new findings prepared for the conditional use permit and have them ready for the January 2 meeting under old business, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #19: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO PIPE THE EIGHT MILE LATERAL AND NINE MILE DRAIN BY R.T. NAHAS COMPANY: Tolsma: Is there a representative here for Mr. Nahas? Gene Smith, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: First off it is a little nerve racking for the applicant's representative to walk into a public hearing and see the place packed, it is nice to see them all leave. Our request is, first of all I am here representing R.T. Nahas Company on Corporate Park, Central Valley Corporate Park No. 5 which is just north of the freeway and East of 1 st. This being the hotel and this is Central Valley Corporate Park No. 5. As one of the conditions of the preliminary plat it was to either pipe or request a variance for the Eight Mile Lateral and the Nine Mile Drain which crosses this property. The Eight Mile Lateral runs through here and the Nine Mile Drain just crosses the one corner of this one lot. In our application we stated our justification, what we felt was justification that meets the conditions of this request. That justification is spelled out, I believe you have a copy of the application there. Item #15, states that flow through the Eight We Lateral at this site is 100 CFS per Nampa Meridian Irrigation District. We have included a letter from John Anderson at Nampa Meridian Irrigation District backing up that amount. That flow will not pass through a 48 • 0 MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995 APPLICANT: BILL HOWELL ITEM NUMBER; je L / b 11 REQUEST; PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKITRAILER SALES AND SERVICE FACILITY AGENCY CITY CLERK: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES FROM 10-10-95 P & Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS P j 1) SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P SEE ATTACHED COMMENTS r4i V OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. A Meridian Planning & Zoning Commission October 10, 1995 Page 32 MOTION CARRIED: All Yea Johnson: At this time before we take a break the City Attorney will explain to you what we are doing at this stage for those of you that aren't used to coming to these meetings. Crookston: What we do now is prepare findings of fact and conclusions of law, many of you have been here tonight when the Commission already acted on some findings. Those applicants had a hearing similar to this, they will be presented by the Commission at the next Planning and Zoning meeting which is November 14th. If the Commission desires to adopt those findings, it then would go to the City Council, there will be another public hearing, you may present additional testimony, it can be entirely new evidence, it can be whatever you want. It is a total new hearing that is before the City Council. The City Council then either adopts the Planning and Zoning findings of fact and conclusions of law or if new testimony is presented they will ask to have new findings. It is ultimately the Cit Council's decision as to whether or not this is annexed and zoned. There are also is another hearing tonight for their conditional use. The same thing would happen to that conditional use. However, a conditional use permit in a commercial zone does not necessarily have to have another public hearing. Only if it were in a residential zone is a public hearing required before the City Council. So after the Commission adopts their findings of fact they are available to the public. FIVE MINUTE RECESS ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKITRAILER SALES FACILITY BY BILL HOWELL: Johnson: This is a public hearing you can incorporate the testimony obviously from 14 but if anybody wishes to speak again they may do so. I would just request that you not be redundant. At this time I will open the public hearing and invite Mr. Howell to speak or his representative. Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney. Johnson: Does the Commission have any questions of Mr. Howell at all regarding the conditional use part of the application? Crookston: If you are going to incorporate the testimony from the annexation and zoning hearing you need to make a motion to do that. Johnson: We will do that before we close this public hearing. Thank you, does anyone have any questions at all at this time? Do you have any statements to make? Meridian Planning & Zoning Commission October 10, 1995 Page 33 Howell: I think some reasonable concerns were raised and obviously I would like to have a chance to bring to this some actual and factual information rather than all the general meandering that we can address all of those issues and will be prepared to do so. Johnson: Yes, at your opportunity with the City Council that would be appropriate I'm sure. Crookston: If he wants the Commission to consider those he needs to request that this be tabled so he can present that if he just wants to take it to City Council that is fine too. Johnson: You have that option, if you want us to incorporate more factual information that you are going to provide or anything else you are going to provide. Our only avenue for doing that would be to table this item and incorporate that at our next hearing. Howell: I think the Council will be an appropriate forum for that. Johnson: Is there anyone else from the public that would like to address the Commission on this application? Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney. Merritt: Basically on item #151 would like to just go on public record as saying that I would like to reiterate my statement on #14 that all of the issues discussed on item #141 would carry over to item #15 the same concerns. Obviously we can see that this is quite an operation and our concerns of this abutting a residential area is of a major concern and that is all. Johnson: Thank you Mr. Merritt, anyone else? Stewart Edwards, 1692 South Goldsmith, was sworn by the City Attorney. Edwards: A couple of other things with this conditional use permit that we haven't brought up yet is the trailer park that has just been put in there on Overland Road right next to the golf course of the driving range. The noise of the plant is going to be quite an impact on that trailer park that is already there and of course I think the why the Highway District hasn't said anything on the overload on Overland Road it seems to be inappropriate and they should research that a lot more. Because I think that road that kind of traffic won't hold up to those kinds of rigs. So that is all 1 have to say. Johnson: Anyone else that would like to add to the testimony? I would entertain a motion to incorporate the prior testimony at this time into item #15 from item #14. Meridian Planning & Zoning Commission October 10, 1995 Page 34 Rountree: So moved Hepper: Second Johnson: It is moved and seconded that all of the testimony presented by the public and the applicant and his representative be incorporated into, given under item #14 the request for annexation and zoning be incorporated also into the conditional use permit request item #15, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: At this time then I will close the public hearing. Rountree: Mr. Chairman, I move we have findings of fact and conclusions prepared on this item. Shearer: Second Johnson: We have a motion and a second to prepare findings of fact and conclusions of law on the conditional use permit requested by Mr. Bill Howell, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY LOCATED AT 1095 E. FRANKLIN ROAD: Johnson: Is Mr. Amyx here and would like to talk to the Commission? We kind of got an idea of what you have got, we have your map and things. We probably need it explained the best you can. Amyx: Basically what has happened is I bought two pieces of property I sold one and Ada County, I wanted to sell a little more ground to them to do (inaudible) anyhow I wanted to sell them enough land to cover the well. I started going through all the right channels and doing everything and Ada County says you can't do that. I said, why can't I do this, the house was built and sold separate property in 1964. That was before they had any zoning or anything to do anything with it. He said yes but you bought the piece of ground next to it. Then when you bought the piece of ground next to it and when you bought the piece of ground next to it due to an obscure law they became one piece of property. What happened is they didn't rule on the fact that what the law, they just ruled on the fact of what they had done was legal. They didn't say that is a bad situation and we see where WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney it HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 6, 1995 Re: TRANSPORT TRUCK & TRAILERS, INC. (Request for Conditional Use Permit for Truck/Trailer Sales & Service Facility) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ♦ GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section • 11-2-414. D. 3. POWERCTR.P&Z Mayor and Council March 30, 1995 Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 8. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist. 9. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. ♦ SITE SPECIFIC COMMENTS: 1. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. This information is very critical for determining the water serviceability of this proposal. 2. At this time the proposed site is not serviceable by the Meridian City Water System. Applicant will be required to construct 12 inch diameter water mains from the City's current points of terminus in Overland Rd. (approx. 1,800 LF west) to and through the proposed site. 3. At this time the proposed site is not serviceable by the Meridian City Sanitary Sewer System. Sanitary Sewer service to this site could be via the future south spur of the Five Mile Trunk Sewer main currently under construction for the St. Luke's West Medical Center. 4. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. POWERCM.P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM it •COUNCIL HUB OF TREASURE VALLEY MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public Works/Building Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Sham les, Planning & Zoning Administrator DATE: October 6, 1995 SUBJECT: Request for Annexation and Zoning of C -G with a Conditional Use Permit for a Truck/Trailer Sales and Service Facility by Bill Howell 1. Details of the landscaping plan are needed for review and approval. Four- to six -foot - high berms should be included along Overland Road to reduce impact of headlight glare on adjacent residential property. City Ordinance requires a minimum of one (1) three- inch (3") caliper tree per 1,500 square feet of pavement. This requirement is unrealistic for this development; however, careful planning of landscaping is required and must be approved prior to obtaining building permits. I-84 and Overland Road are both designated as entrance corridors in the Comprehensive Plan and therefore require a 35 - foot minimum landscape setback. Perimeter and internal landscaping is also required. 2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work within the public right-of-way shall be submitted to the Meridian Public Works Department prior to commencement of work. Deceleration lanes will likely be required by ACHD. 3. The proposed realigned subdivision boundary would require a plat to be prepared, as these are not platted lots. 4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance. A drain ditch currently exists along the eastern property boundary which needs to be tiled.. 5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Fire Department and agency regulations. 6. Applicant's representative has stated this facility will be an 8:00 a.m. to 5:00 p.m. operation. It is, however, within the realm of possibility that overnight repair work will be needed. If this may occur, has applicant made provision for soundproofing of service/maintenance shop to avoid disturbance to residential uses? P&Z Commission, Mayor and Council October 6, 1995 Page 2 7. Illumination shall be designed to not cause glare or adversely impact neighboring residential uses and freeway traffic. 8. A development agreement is required as a condition of annexation. It would be preferable to have a detailed list of conditions in lieu of a development agreement. • 0 ORIGINAL BEFORE THE PLANNING AND ZONING COMMISSION BILL HOWELL ANNEXATION AND ZONING AND CONDITIONAL USE SOUTH OF I-84 AND EAST OF LOCUST GROVE A PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 17 T 3N R.1E BOISEMERIDIAN, ADA COUNTY, STATE OF IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 10, 1995, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., the Petitioners representative, Kristina Donner, appearing, and the Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995 hearing, the Applicant's representative, Kristina Donner, appearing in person, that the public having been given full opportunity to express comments and submit evidence; and that copies of all notices being available to newspaper, radio and television stations, the Planning and Zoning Commission hereby takes action on FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1 the Findings of Fact and Conclusions of Law. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 28.49 acres in size; that on the 20 acre parcel, the Applicant proposes a facility to sell and service Freightline trucks; that the remainder 8.49 acres would be for a future body shop and repair center. 3. That the property is presently zoned by Ada County as R -T (Rural Transition); that the Application requests that the property be zoned General Retail and Service Commercial (C -G) and Applicant has requested a conditional use permit to allow for the sales and service of trucks/trailers; that the Application is incorporated herein as if set forth in full. 4. Adjacent to this development is the I-84 Interstate freeway and Overland Road; that the major arterials of Eagle Road and Locust Grove Road are nearby; that to the west is the Playground RV Park and driving range; that to the east is the future expansion of this development of the 8.49 acres; that across the Interstate to the north is Magic View Subdivision; to the north and east across the Interstate is the Jackson's Travel Center, currently under construction; that across Eagle Road to the east of Jackson's Travel Center is the proposed St. Luke's Medical campus, currently under construction. 5. That the property is adjacent and abutting to the present City limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 2 • u 6. That Bill Howell, is the Applicant; that the owner, Par 3, an Idaho General Partnership, Richard M. Phillips, General Partner, has consented to the application and has requested this annexation, zoning and conditional use and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application stated that the present use of the land is agricultural, that the proposed use is industrial, that the proposed district is C -G, General Retail and Service Commercial, that the proposal is compatible with other industrial facilities adjacent to the project, and that the property would be harmonious with adjacent developments; the annexation and zoning Application also states, "The proposed zoning amendment relates to the Meridian Comprehensive Plan in that it will be adhering to the mixed plan usage of the Plan, and being close to the interstate is in an area that is intended for industrial use." 8. That Ms. Donner testified that there will be a facility to sell and service Freightliner trucks on the 20 acre parcel; that the future parcel, consisting of the 8.49 acres, will be for a body shop and repair center, to be constructed in a phase II development; that sewer is of concern because it is only on the north side of the Interstate; that they would work in conjunction with other developers to bring the sewer to the south and share the cost; that if sewer is not available when they would like to open, they have discussed this with the Central District Health Department and they would propose to put in a septic system and FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3 • utilize that until they could bring the sewer in; that they plan to extend the water lines 600 feet to get water to the site. She also stated that they had concerns over the statement of Shari Stiles about requiring four to six foot berms along the front of Overland and they are a little bit concerned about trucks having site distance problems and that none of the other properties along Overland used for industrial uses were required to have berms. In response to a question by Commissioner Rountree about the lines on a map being topographical lines and the map showing a raised platform the length of the lot that would perch the trucks up above the elevation lines shown on the map, Miss Donner indicated that that was what it showed. She also stated in response to a question, that the Playground driving range was right next door to this property to the west. 9. That the Applicant, Bill Howell, testified to clear up some gaps left by the earlier testimony of Ms. Donner; that the elevation of the display area along I-84 is believed to be an 8 foot elevation from grade; that the display will be of all new vehicles; that the proposed fleet maintenance shop is primarily a full service facility and the phase II plan within the 20.00 acres will be for a body/paint shop; that the 8.49 remaining acres will not be used by the Applicant's company; that it is simply going to be marketed; that the anticipated daily trips of the full size road tractors and trailers, ranging up to and including 53 foot, could possibly figure to be 75 to 100 per day; that the operating hours are 7:00 a.m. to currently 12:00 p.m. and that general maintenance FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 4 is the activity going on at 12:00 at night in the shop areas; that the anticipated maximum employees will probably be 60; that the Applicant foresees as a great eventuality, full service leases. 10. There were several property owners in the immediate area who testified at the October 10, 1995, hearing about the Application; the testimony can be summarized as follows: 1. Kevin Merritt, acting as President of the Meridian Greens Subdivision of approximately 225+ homes, wanted to go on record as totally opposing this Annexation for several reasons. That the proposed location for the transport truck and trailer service sales and service facility is not appropriate in keeping with the present planned use of the adjoining and local property; that based on the traffic volume, and traffic safety issue, this proposed development is not compatible. 2. Roy Harada testified that he also is in truck sales with a different dealership; he points out that contractually, freightliner requires all dealers to be open 24 hours; that the traffic flow is going to be significantly higher than what Mr. Howell represented, and be well over 150 to 200 vehicles a day in and out; and that developments of this type are typically noisy, smelly and are open extremely long hours; that the freightliner class 7 trucks, which are medium duty trucks to a class 8 truck, grossing in excess of 100,000 pounds, are your typical trucks, along with Cumins, Caterpillar, all of the miscellaneous service shops bringing parts in as well as Federal Express trucks; that another concern regarding the excessive traffic might well be the mechanic needing to check out the trucks after servicing to use Overland Road, turn right, hit the Interstate, turn right again, hit Eagle Road, making a circle, thus adding to the safety factor of the kids in the nearby subdivisions. 3. Becky Bowcutt, of Briggs Engineering, testified that on behalf of her client G. L. Voigt Construction, whose property just south of this parcel was approved for approximately 290 R-4 designation lots; that Ms. Bowcutt requests that the City of Meridian evaluate the landscaping that is being proposed by the Applicant and that a FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5 landscaping plan be submitted by the Applicant and an evaluation be done regarding the berming and the screening at the entrances at I-84 and along the interstate. 4. That Lou Lois testified that he affirms the opposition from the President of Meridian Greens Subdivision with regard to the safety and noise; that he believes that this type of operation is not one that would stop at midnight but be more a 24 hour operation; that the paint shop and of hazardous materials so close to residential areas was also a concern of Mr. Lois'. 5. That Beth Markland testified that she also is in opposition to this proposed annexation for the same reasons previously stated, specifically the traffic concern, the possibility of these trucks hauling hazardous materials and the noise. 6. Neda Hagner testified that she too wishes to add her concerns regarding the traffic congestion on Overland already being frightening and the safety of children and grandchildren; that having these monster trucks on Overland is like putting up barriers to enjoyment of their homes. 7. Ron Thomas testified that his major concern is the ground septic system and the Ada County Health District allowing such a thing to be built; that the traffic is bad now and would only get worse. 8. That Rick Reever testified that he lives in Sportsman Point Subdivision and his concerns lie with the traffic situation and the access to the on ramp at I-84; that with the proposed shopping mall at the .southeast corner of the on ramp at Eagle Road, this will only add to the congestion and potentially more safety problems for the kids in just the square mile between Overland, Eagle, Locust Grove and Victory. 9. Nicole Garduno testified at the hearing voicing her opposition to the proposed annexation and zoning mainly for the safety issues. 10. That Mark Wilson testified, echoing objections with regard to the hazardous waste that this project will potentially generate and the possibilities of contamination of the sewer system years done the road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6 11. Karen Frisch, from Hunts Bluff Subdivision, testified that her subdivision likewise will be affected; that she also is opposed to this proposed annexation. 11. There was no other testimony regarding the annexation and zoning given. 12. That testimony regarding annexation and zoning was incorporated into the record of the Conditional Use Permit Application; that Mr. Kevin Merritt also testified, reiterating his statements he made on the annexation and zoning; that Stewart Edwards testified that the noise of this plant would be quite an impact of the trailer park next door; that the roads, in his judgment, will not hold up under the kind of traffic and the rigs that will be generated, especially on overland Road. 13. That the Assistant to the City Engineer, Bruce Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian City Police and Fire Departments, Central District Health Department, and Nampa & Meridian Irrigation District, submitted comments; that those comments are submitted herein by this reference and are hereby incorporated herein as if set forth in full. 14. That Assistant to the City Engineer, Bruce Freckleton, commented that the legal description submitted with the Annexation and Zoning application needs to be revised so that the northerly boundary is the northerly boundary of Interstate 84 rather than the centerline; that he commented in the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7 • 0 zoning for the property in the northeast quadrant of the intersection of Overland Road and Eagle Road, the Power Mall, which comments are equally applicable to this Application, that any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605 M; that any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except for wells may be used for non-domestic purposes such as landscape irrigation; that off-street parking, paving and striping, drainage plan, outside lighting, and all signage shall be in accordance with City Ordinances; that a profile of the subsurface soil conditions shall be submitted to determine the seasonal high groundwater elevation and that water service to this development is contingent upon positive results from a hydraulic analysis by our computer model; and that specific site comments were the following: a. That the Public Works Department shall be provided with information on anticipated fire flow and domestic water requirements for the proposed site, as this is critical for determining the water serviceability for this proposal; b. That at this time this site is not serviceable by the Meridian City Water System or by the Meridian City Sanitary Sewer System; that the Applicant will be required to construct 12 inch diameter water mains from the City's current points of terminus in Overland Rd. to and through the proposed site; C. That assessment fees for water and sewer service are determined during the building plan review process, in addition, Late Comers fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 15. That Shari Stiles, Planning & Zoning Administrator, submitted comments; that details of the landscaping plan are needed FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 8 for review and approval; that four to six-foot high berms should be included along Overland Road to reduce the impact of headlight glare on adjacent residential property; that City Ordinance requires a minimum of one (1) three-inch caliper tree per 1,500 square feet of pavement, however this requirement is unrealistic for this development, however careful planning of landscaping is required and must be approved prior to obtaining building permits; that I-84 and Overland Road are both designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -foot minimum landscape setback; that perimeter and internal landscaping is also required; that five-foot ( 5' ) sidewalks shall be installed; that the proposed realigned subdivision boundary would require a plat to be prepared, as these are not platted lots; that any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance; that a drain ditch currently exists along the eastern property boundary which need to be tiled; that a Certificate of Occupancy is required prior to opening and that occupancy would be contingent upon meeting all zoning, building code, public works, Fire Department and agency regulations; that the possibility lies in that overnight repair work will be needed which would require this facility to be open longer in which case the Applicant may need to provide soundproofing of the service/maintenance shop to avoid disturbing the residential areas; that illumination shall be designed to not cause glare or adversely impact neighboring residential uses and freeway traffic; that a Development Agreement is required as a condition of annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9 0 • that it would be preferable to have a detailed list of conditions in lieu of a development agreement. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and is in the Eastern Industrial Review Area. 18. That the property may be able to be physically serviced with City water, if applicant extends the lines; that the ability to provide sewer service to the property is unknown at this time and the City Engineer did not submit comments regarding providing sewer service to the property. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 20. That the following pertinent statements are made in the Meridian Comprehensive Plan and are specifically applicable to this Application: 1. Under LAND USE Comprehensive Plan May, Page 22 The land use delineations depicted in the Comprehensive Land Use Map are not precise, but rather the Comprehensive Land Use Map represents a long-range vision of community development in generalized areas. The map represents a FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10 2. 3. compilation of input and ideas expressed by citizens, community groups and local leaders. LAND USE GOAL STATEMENT, Page 23 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 1.11U Protect citizen investments in existing public facilities, (water, sewer, streets, fire, police) by encouraging controlled growth through city planning reviews and development agreements. INDUSTRIAL POLICIES, Page 24 3.3 Access to industrial areas from collector and local streets will be discouraged. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. Easter -Eagle Road Light Industrial Review Area, Page 25 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. Under TRANSPORTATION, Page 43 Existing Conditions Overland Road, East of Linder, is listed as a Minor arterial. Under COMMUNITY DESIGN Entryway Corridors, Page 72 Entryway corridors are arterial roadways FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 11 entering the community that introduce both visitors and residents to Meridian. City -designated gateway arterials include the following streets: a. I-84 (East and West entrances) f. Eagle Road (North and South entrances) g. Overland Road (East and West entrances) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement, Page 73 Promote, encourage, develop and maintain aesthetically -pleasing entrances to the City of Meridian. Neighborhood Identify Goal Policies, Page 74 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 21. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development Area. 22. That the requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 12 • 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." 23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the. various zoning districts of the City; that planned commercial developments, are an allowed use in the C -G district. 24. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." and a Planned Commercial Development is defined as follows: "Any development in which the principal use of land is for commercial purposes." 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13 "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreational services for people that are here, and which will come here. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14 of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance 'the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 30. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15 • • 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 32. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; S. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 34. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 16 for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." 35. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606'C." 36. The Applicant submitted an Application and materials and documentation for a conditional use permit for a truck/trailer sales and service facility; that such Application, materials and documentation on the conditional use are incorporated herein by this reference as if set forth in full; that the Applicant submitted materials on the conditional use request and did reference how the truck/trailer sales and service facility would be operated; there were comments from the public which pertained to the annexation and zoning and to the conditional use permit, and such are incorporated herein as if set forth in full for purposes of the application for the conditional use permit. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS A. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17 been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. B. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. C. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. D. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. E. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. F. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. G. That the annexation application has been initiated by the Applicant with the consent of the property owners, and is not upon the initiation of the City of Meridian. H. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18 • upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). I. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. J. That this Application has been difficult for the Commission to decide because of opposition to the Applications, which could dictate that the Application be denied, and because of the Meridian Comprehensive Plan which shows the land as being in an area shown as a Mixed/Planned Development Area, which could dictate that the Application be approved; that the Commission understands the objections and sympathizes with them on an individual basis and understands the Comprehensive Plan's direction for development of the area; that the duty of the Commission, however, is not to be controlled by the interests of individual property owners and their concerns, but also the Comprehensive Plan is just that, a plan and not a controlling ordinance; that this statement that the comprehensive plan is not controlling is supported by Balzer v. Kootenai County Bd of Commis, 110 Idaho 37, 714 P.2d 6 (1986) , stating that Section 67-6511, Idaho Code, does not require a zoning ordinance's land use designations to be in strict conformance with the corresponding land use designation of the comprehensive plan, Ferguson v. Board of County Commis, 110 Idaho 785, 718 P.2d 1223 (1986), holding that the decision of the County Commissioners to FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19 rezone property as commercial, even though it was contrary to the existing comprehensive plan, was supported by substantial evidence and was not clearly erroneous, and Bone v. City of Lewiston, 107 Idaho 844, 693 P.2d 1046 (1984), stating that a land use map is not the comprehensive plan, but only a subpart of one of 12 components referred to in Section 67-6508, which go into the making of a plan. K. That the duty of the Commission is to assess the applications on the basis of the overall good of the City and its t citizens; that it is with this duty and background that the Commission has undertaken to make these Findings and Conclusions. L. That the Applicant has stated in its Applications, and in its presentation to the Commission at the public hearing, that its proposed use of the property will be an industrial use; that the type and location of the industrial use proposed by the Applicant is not in compliance with the Comprehensive Plan, since the Plan states that industrial development should be encouraged to locate adjacent to existing industrial uses, and there are no industrial uses adjacent to Applicant's site. The use is also not in conformance with the Plan since the Plan states that the character, site improvements and type of light industrial developments should be harmonized with the residential uses in the area; that the Applicant did not present any evidence as to how its truck operation would be harmonized with the residential developments in the area; also it would be very difficult to harmonize truck traffic, noise, and pollution with the many residential neighbors in the area. The Plan also states that FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 20 industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities; it is likely, and probable, that the noise, odor, air pollution, and visual pollution levels produced by a number of Freightliner trucks would be substantially greater than that created by a residential subdivision. The Plan also states that land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements; it is judicially noticed that trucks of the nature that Applicant proposes to sell and service are not clean or quiet and that the exhaust they produce is considered to be hazardous or objectionable. M. That if the property was annexed and zoned, as a condition of annexation and the zoning of C -G, the Applicant would be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement would address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605: a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606: a. Bicycle Pathways. b. Storm drainage. C. Sidewalks and Pedestrian Walkways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21 0 • d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fees, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearing. 3. Addressing access linkage, screening, and buffering. 4. An impact fee, or fees, for park, police, and fire services as determined by the city. 5. Appropriate berming and landscaping. 6. Submission and approval of any required plats. 7. Submission and approval of individual buildings, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 8. Harmonizing and integrating the site improvements with the existing residential development. 9. Establishing a 35 foot landscaped setback as suggested under the Comprehensive Plan and landscaping the same. 10. Addressing the comments of the Planning Director. 11. The sewer and water requirements. 12. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 13. Traffic plans and access into and out of the development. 14. Meeting the representations made as part of the application and hearing process. 15. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. N. That Section 11-2-417 D of the Meridian Zoning Ordinance states that, if annexed, a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 22 prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits, if the property was annexed. O. That it is concluded that the annexing and zoning of the property is not in the best interests of the City of Meridian and an annexation and zoning ordinance should not be enacted. P. That regarding the conditional use permit applied for, it is concluded, that since the Commission has concluded that the annexation and zoning is not in the best interests of the City, there is no useful purpose in making conclusions for the conditional use permit Q. That if the property was annexed and zoned, the requirements of the Meridian City Engineer's office, Meridian Fire Department, Central District Health Department, and the Nampa & Meridian Irrigation District, would have to be met and addressed in a development agreement. R. That if annexed, all ditches, canals, and waterways would have to be tiled as a condition of annexation and if not so tiled, the property would be subject to de -annexation. S. That the Applicant would be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property would be subject to and controlled by the Subdivision and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23 Ordinance and the development agreement. T. That if annexed the Applicant would be required to meet the requirements of the Ada County Highway District U. That if annexed, these conditions would run with the land and bind the applicant and his assigns. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City 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) DECISION VOTED VOTED WY6 VOTED VOTED VOTED The Planning and Zoning Commission of the City of Meridian hereby recommends to the Meridian City Council that the property set forth in the application not be annexed and zoned and therefore no conditional use permit be granted. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 a FAX (208) 8874913 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a truck/trailer sales and service facility BY: Bill Howell LOCATION OF PROPERTY OR PROJECT: -South of 1-84 and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TI (P,R$LIM & FINAL PLAT) CITY FILES '' OTHER: �2 ;? -a-s: YOUR CONCISE-REWkIkK& SEP 2 5 1995 CITY OF MERIDI �� OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OFTREASUREVALLEY 10 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88"33 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST:_ Conditional Use Permit for a truck/trailer sales and service facility BY: Bill Howell LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ff OTHER: YOUR CONCISE REMARKS: lL CODE -5- W i LL VT, -0 -9 --lo Ba M a+. AILL AREAS w, [.L iy &,eO a a c E?22195 S rS'e JAMES E. BRUCE, President SHERRY R. HUBER, Vice PresidenT SUSAN S. EASTLAKE, Secretary TO: Bill Howell, Transport Truck and Trailers c/o P.O. Box 15324 Boise ID 83715 4 FROM: Karen Gall 1 Development Services Division SUBJECT: MCU-19-95/MA-3-95 Overland e/o Locust Grove Truck/trailer sales & services OCT 2 6 1995 CITY iii MUIWIP- October 6, 1995 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 4, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi Meridian City Hall ada county highway district 318 East 37th • Boise, Idaho 83714-6499 9 Phone (208) 345-7680 ` ADA f'OUNTY HIGHWAY DIRRICT Development Services Division Development Application Report MCU-19-95/MA-3-95 Overland e/o Locust Grove Truck/trailer sales & service The applicant is requesting annexation approval with rezone from RT to CG and conditional use approval for a truck and trailer sales and service facility. The 28.49 -acre site is located on the north side of Overland Road approximately 1/4 -mile to 1/2 mile east of Locust Grove Road. This development is estimated to generate less than 1,000 additional vehicle trips per day (depending upon the ultimate use of the undeveloped portion of the project). Roads impacted by this development: Overland Road - Minor arterial with no pathway designation - Traffic count 7,046 on 7-12-95 ACHD Commission Date - October 4, 1995 - 12:00 p.m. IN/ICINITY MAP V TRANSPORT TRUCK AND TRAILER INC. A PORTION OR THE 8E 1/4 OF THE NW 1/4 A! AewnTlAkJ 17 TSN R,Ww- MNA Akn.& rl_ntiwITY lnlamA ROYLANCE AND ASSOCIATES PA ENGINEERS-SURVEYORS-LANDPLANNER 500 250 U 500 1.000 1,500 4619 SUITE D-2 EMERALD STREET BOISE IDAHO 83706 SCALE N FEET (208)336-7390 VICINITY.DWC a re W r y 6C OOO OOO V Deet-xt. L. -10A ..roe c -a •ups vroom St" uol .•od.n•n5 us•ui6 ug Vd 831 IOOSSV CNV 30NV1AOtl tlH11Ytl1 ONV H9f1N1 1UOdSNVU.L I W MV -1.1i118 9 V � W 0 IL I r I U Z _ �j 1<g f Z r Z0' 00 QZoo aYam wUmi �•-� z N�0 �IL0 0< I a0 I Z I Qm I I I Y wx .4 - - - O)0 3 • 0 •�� zm W X IO r I U U `°�:- Woo z J IL w N Y K Q CL I a: I \ W z K I z Z I 5 0 V � W <ZW W p WIL E ' ¢J ¢b ¢f� fnW <�00 G^ l'1 �bEj��Aeel I1tln10 <=,c`¢lip 0w0 €gF 1 rz IYn¢=+ JX Z 40wx�; . <m oz p ryi rif .W z0Pic NO�MN0Qj<ea W <pw@¢ 0WWD 0O oo1W m Zip JM }Wo w. 0 �I� w Woo z J IL w N Y K Q CL I a: I \ W z K I z Z I 5 0 Facts and Findings: • A. General Information RT - Existing zoning CG - Proposed zoning 28.49 - Acres 21,600 - Square feet of proposed sales & service building (approx) 31,200 - Square feet of proposed maintenance shop (approx) 286 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Overland Road Minor arterial with no pathway designation Traffic count 7,046 on 7-12-95 803 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Overland Road is improved with 28 -feet of pavement with no curb, gutter or sidewalk. B. Plans for the improvement of Overland Road from Eagle Road to Meridian Road have been completed and are "on the shelf' awaiting funding for construction. This segment of Overland Road has been the subject of much residential development on the south side of Overland Road during the past three years since the completion of the improvement plans. More than 700 -lots have been approved as preliminary plats or are in the application review process within the square mile directly south across Overland Road from this parcel. C. The subject property is currently used for agricultural purposes. The site plan indicates that this is a parcel split off from an original agricultural parcel and a separate parcel includes the original farm residence. D. Access to site is proposed to be provided by three driveways. The eastern most driveway is located approximately 3,310 -feet west of Eagle Road and 570 -feet west of the new property line. The center driveway is located 3,623 -feet west of Eagle Road and 885 -feet west of the new property line. The western driveway is located 3,870 -feet west from Eagle Road and 1,130 -feet west of the new property line. South of Overland Road and directly across from this proposal is the site of a previously approved preliminary plat (Sundance Subdivision) including 291 -lots, accessing Overland Road by means of two proposed public roadways. These roadways are located 3,290 -feet and 3,990 -feet, respectively, west of Eagle Road. The western roadway (shown on the preliminary Plat as "Red Cloud Way") will interfere with the operation of the western driveway, since they are only separated by 120 -feet. District policy requires a minimum separation of 150 -feet from a collector intersection for a right- in/right-out driveway and 220 -feet for a full access driveway. Therefore staff recommends that the applicant be required to revise the site plan to change the location of the proposed driveway to meet District standards. (Submitted on September 29, 1995 - see attached). E. District policy allows a total of three driveways on Overland Road for the entire parcel (including future development). MCU 1995. WPD Page 2 • 0 F. The site's proposed uses will attract a considerable number of large trucks that require more space to maneuver. They also require larger gaps in opposing traffic when making turns into and out of the site driveways. An added left -turn lane at the main entrance intersection on Overland Road will create a dedicated turn lane for the trucks. The added turn lane will also allow through traffic on Overland Road to proceed without delay or risk. G. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. Although the traffic generated by this development will be primarily made up of large vehicles, it is likely that they will not be loaded heavily. Therefore, staff has not made a finding or recommendation that Overland Road be overlaid. H. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on October 10, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Dedicate 45 -feet of right-of-way from the centerline of Overland Road abutting the parcel (20 additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. Construct an eastbound left turn lane in Overland Road adjacent to the main site driveway. The design of the added turn lane should provide a minimum 100 -foot storage area plus the needed approach and departure tapers. The roadway design plans must be approved by District Development Services staff. Provide a $10,440.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of 5 -foot wide concrete sidewalk on Overland Road abutting the parcel prior to issuance of building permit (or other required permits). 4. Revise the site plan to change the location of the western driveway to conform with District standards. 5. A total of three driveways on Overland Road are permitted for the entire parcel (including future development) in compliance with District policy. Lot access restrictions shall be stated on the final plat. MCU 1995. WPD Page 3 Standard Requirement A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for anneal shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineQui1y. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission. Contact Construction Services at 345-7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. 5. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Continue existing irrigation and drainage systems across parcel. 7. Continue borrow ditch drainage abutting parcel (culvert may be required). Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 10. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight -triangle of all street and driveway intersections. 11. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured down the centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 12. Submit three sets of street construction plans to the District for review and appropriate action. MCU 1995. WPD Page 4 13. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 14. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 15. 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 Idaho Code, Section 54-1215. 16. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 17. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission Approval: OCT 0 4 IS95 MCU 1995. WPD Page 5 cCENTRAL CEN •• DISTRICT IFIR'HEALTH DEPARTMENT Rezone # Conditional Use # ';'dclf Preliminary / Final / Short Plat DISTRICT HEALTH DE Environmental Health Division i i/E2 Sf?'1-ES ❑ I. We have No Objections to this Proposal. NT r Return to: . Boise Eagle ;r,. , ❑ Eagle ❑ Garden city ® Meridian ry ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. �- 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: )a.high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ B. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ,C 10. Street Runoff is not to create a mosquito breeding problem. M ❑ 12. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center s ❑l beverage establishment El grocery store 15. E % T FB%�IwEvn /!✓n Date: _J Reviewed By: - �— /{r . �".7 /'tsNNwlM"�7L /'�%iN✓r1��lE�✓i �! 1�'7204- /S' ��_� Rev lew Sheet CDHD 10/91 rcb, rev. 1/95 A0 •► Is ti OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 2 Adm. KENNETH W. BOWERS, Fire Chief W. L. BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 *FAX (208) 887-4813 TECEI `I' ED Public Works/Building Depasrtment (208) 887-2211 GRANT P.1UNGSFORD 0 C T - 4 1995 Mayor CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST:_ Conditional Use Permit for a truck/trailer sales and service facility BY: Bill Howell LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION _TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR X_NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District's Cook Lateral courses along the south boundary CITY ATTORNEY of the proiect. The right-of-way of the Cook Lateral is 30 CITY ENGINEER feet: 15 feet from the center each way. See Idaho Code CITY PLANNER 42-1208, I HTS -OF -WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & MeriUli-a-77—rrlgation District 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. All laterals and waste ways must be protected. Mun-171-p-a-T surface drainage must be retained on site. If any drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irr gation water bg made available to all developments within this District. This District requires that a Land Use Change/Site Development application be filed for review prior to final pla ting. Contact Donna Moore at 343-1884 or 466-7861 for further information. �� Bill enson, Assistant Water Superintendent Nampa & Meridian Irrigation District RECEIVED OCT - 41995 CITY OF MERIDIAN i /0 /ED, zmq 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 03 October 1995 Boise 343-1884 SHOP: Nampa 466-0663 Bill Howell Boise 345-2431 Transport Truck and Trailers, Inc. PO Box 15324 4665 Enterprise Street Boise, ID 83715 RE: Land Use Change Application for A Truck/Trailer Sales and Service Facility Dear Mr. Howell: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above referenced development.' Roylance & Associates, P.A. were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter, please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent, at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas pc: File Water Superintendent City of Meridian Roylance & Associates, P.A. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS WILLIAM G. BERG, Jr., City Clark JANICE L GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE 0. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P a ZAdm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 8874813 Public Works/Building Dep wanent (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEM8ERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P t Z COMMISSION JIM JOHNSON, Chairman MOEAUDJANI JIM SHEARER CHARLIE ROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a truck/trailer sales and service facility BY: Bill Howell LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES �rw�9 >5 . Meridian Planning & Zoning Commission November 14, 1995 Page 23 Hepper: It could take a year or two before all the lots are sold out. Is that more or less your question too? Rountree: That is my concern. Johnson: This document, this paper that Becky submitted for the record this is a draft copy, I wouldn't expect you to digest all seven pages of this at a sitting. But this won't actually go before ACHD until November 29th. I need to point that out for the record that this is a draft report of what is proposed. Does anyone else have any questions or comments? What would you like to do? Rountree: Mr. Chairman I make a motion that we pass this application onto City Council with a favorable recommendation provided there aren't any major changes in the recommendations from ACHD and that the landscaping be included as part of the development of the subdivision. Shearer: Second Johnson: We have a motion and a second to pass this on to City Council with the conditions stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED OCTOBER 10, 1995: PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY BOB NAHAS: Johnson: We have received a submittal from the applicant asking us to table this item again. We should table it to a date certain they have not requested a specific date. The next meeting would be the twelfth of December. Shearer: I move we table this until December 12 meeting. Hepper: Second Johnson: It is moved and seconded we table item #4 at the applicant's request until our next scheduled meeting December 12, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL: Meridian Planning & Zoning Commission November 14, 1995 Page 24 Johnson: You have the findings of fact and you have read, are there any questions, is there any discussion, are there any editorial changes that need to be made. I believe there are a couple of them things that need to be corrected, is that true Mr. Crookston? Crookston: That is true. I don't have them charted in my copy but in reference to the square footage of the building that would be on the property. On paragraph 8 on page 3, the third, dealing with the second line of that.paragraph says that future parcel consisting of 8.49 acres, I am sorry that is not the one. On page 2, paragraph 2, in the fourth line of the paragraph, it starts out that on the 20 acre parcel which is approximately 39,825 square feet I would just strike which is approximately 39,825 feet. Also on that same page and paragraph four, in the fifth line at the end where it says the Jacksons travel center, I would put Locust View Heights Subdivision and strike the rest of the entire paragraph. On page 3, paragraph 7, Shari has some comments that I think correct, it states in the fifth line, starting at the (inaudible) compatible with other industrial facilities adjacent to the project, that should be not compatible. It goes (inaudible) with adjacent development that should be would not be harmonious. (Inaudible) because it is a representation as to what the applicants annexation and zoning application stated. So it is worded correctly. (inaudible) Johnson: So just strike the last two corrections? Crookston: Correct, I would leave the entire, the paragraph as it is entirely. Johnson: Is there anything else in there? (End of Tape) Crookston: (Inaudible) it should say (inaudible) full service leases (inaudible). On page 6 in the paragraph that is numbered 7 it should say Ada County Highway District rather than Ada County Health District. In paragraph 10 toward the bottom of the page, it says (inaudible) that should be down it is in the paragraph. On page seven in paragraph twelve the sixth line says impact of should say impact or. On page 9, approximately in the middle of the paragraph there is a (inaudible) the line starts eastern property boundary which need should be needs. On page 11, where it says, I believe it says easter should be eastern Eagle Road light industrial. Johnson: Item 3.5 right? Crookston: That is correct. On page 12, in the middle of the page it says neighborhood (inaudible) identity. On page 18, paragraph C, it says the. City Council that should be the Planning and Zoning Commission. That is all the changes that Shari and I have. Meridian Planning & Zoning Commission November 14, 1995 Page 25 Johnson: Thanks Wayne, anybody else have any changes or any comments? What would you like to do with these findings of fact and conclusions of law? Rountree: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: It has been moved by Commissioner Rountree, second by Commissioner Shearer that the findings of fact as prepared be approved with corrections so noted, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea MOTION CARRIED: All Yea Johnson: Any decision you wish to pass onto the City Council at this time? Rountree: Mr. Chairman, I move that the Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council that the property set forth in the application not be annexed and zoned and therefore no conditional use permit be granted. Shearer: Second Johnson: It is moved and seconded that the Planning and Zoning commission pass a recommendation onto the City Council not to annex and not to permit the conditional use application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A PRELIMINARY/FINAL PLAT FOR THE PLAYGROUND SUBDIVISION BY THE PLAYGROUND INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Ted Hutchinson, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Mr. Chairman, members of the Commission this is a 3 lot commercial subdivision that is currently under a development agreement from the City of Meridian. This is the Playground, it is an RV park and has a golf driving range that are currently 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10, 1995 APPLICANT: BILL HOWELL AGENDA I TEM NUMBER: 15 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCK/TRAILER SALES AND SERVICE FACILITY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: L*191014w SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS V '1 V OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian.