HomeMy WebLinkAboutHowell, Bill AZ1 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, Parka Supt.
SHARI S. STILES, P & 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) BU -4433 a FAX (208) 887-4813
Public Works/Buikft 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: Annexation/zoning of 28.49 acres to Commercial General (C -G)
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
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:
• , !
APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
(PROPOSED NAME OF SUBDIVISION)
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( GENERAL LOCATION) ►
(LEGAL DESCRIPTION - ATTACH IF LENGTHY)
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(OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.)
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(ENGINEER, SURVEYOR'OR PLAPINE ) (NAME) (TELEPHONE NO.)
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(JURISDICTION(S) REQUIRING APPROVAL)
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(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+50 2�34ci ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:) (FEE)
83
Roylance & Associates P.A.
4619 Emerald, Suite D-2, Boise, Idaho 83706
MEMORANDUM
•
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.
Vt-tr--
DATE: September 15, 1995
RE: Attached Application for Annexation Approval & Zoning or Rezone
Please accept the attached Application for Annexation Approval & Zoning or Rezone. Following
is a list of information required in the application:
1. The applicant is Bill Howell, Transport Truck and Trailers, Inc., c/o P. O. Box 15324, 4665
Enterprise St., Boise, ID 83715 (208) 344-0999
2. The owner is Par 3, an Idaho General Partnership, 3084 East Lanark Street, Meridian, ID
83642, (208) 887-7994.
3. Notarized request for zoning amendment from titled owner is attached.
4. Legal description of property is attached.
5. Property adjoins Interstate 84 and Overland Road.
6. Present land use is agricultural.
7. Proposed land use is industrial.
8. Present district is RT.
9. Proposed district is CG.
10. This proposal is compatible with other industrial facilities adjacent to the project.
11. This property would be harmonious with adjacent developments.
0
Memorandum
Shari Stiles
September 15, 1995
Page 2
0
12. Enclosed is a site plan showing the project concerning the zoning amendments in a scale of
one (1) inch equals sixty (60) feet.
13. Enclosed are thirty copies of the vicinity map in a scale of one inch equals three hundred feet
and an additional thirty copies in a scale of one. inch equals one thousand feet.
14. Enclosed is a list of all the property owners within a three hundred foot radius of the property.
15. 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.
16. Fee based on total site of 28.49 acres and 12 certified mailing notices. Total fee attached is
$420.00 + $15.84 = $835.84'
17. Signed affidavit regarding posting of property will be forwarded approximately 1 week before
hearing date.
Please contact either myself or Dave Roylance at (208) 336-7390 if we may be of any further
assistance.
Par 3,
An Idaho General Partnership
3084 East Lanark Street
Meridian, Idaho 84642
208-887-7994
September 14, 1995
Mr. Willard W. Howell
4665 Enterprise Street
Boise, ID 83715
Dear Bill:
This letter is to serve as our consent as the property owner for the rezoning and
annexation 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.
YYV
Richard M. Phillips
General Partner
State of Idaho )
ss.
County of Ada )
On this il day of J'T�i�%� 1995, before
me a Notary Public in the State
of Idaho, personally appeared
known or identified to me to be one of the partners in the
partnership L > , that executed the said instrument
and acknowledged to me that he executed the same in said
partnership name.
Not ry Public in daho
siding in Nam a, Idaho
Commission Expires: 7/21/98
Roylance 84 Associates P.A.
•
Engineers • Surveyors • Landplanners
4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391
September 18, 1995
Project No. 1665
Legal Description for
Transport Truck and Trailer, Inc.
Annexation and Rezone
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 890-46'-22" West a distance of 2656.94 feet to a found 518" pin
monumenting the South 1/4 Corner of said Section 17; thence continuing along the southerly line of said
Section 17 North 890-52'-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 000-28'-00" West a distance of
1172.3 5 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 v
(208) 336-7390
(208) 336-7391 Fax G� , OF
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SCHEDULE C
File Number. P134173
179:000133
Tha 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, 5966M 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 100.06 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
•
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PIONEER TITLE COMPANY
OF AOA COUNTY
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PIONEER/ TITLE CO.
821 West State Street / Uoisc, Idaho 83702
(208) 336-6700
888 North Cole Road / noise, Idaho 83704
r /,,.,.., _,•, / (20¢) 377-2700
_t SPACE AWAT 1•(rR Nrt hNUl.�r: unr,
lululJulJuElulultdlL�UtJutJV?Nt.AyZIu!•4fJ,ut,J,�!V:lV!fv�;�tJt
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RANTY DEED
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IINOIVIDUALI
jj FOR VALUE RECEIVED RONALD W. VAN AUKER, a
separate property, married roan as ills sole and
GRANTOR(s) dues (do) hereby (;RAN[. BARGAIN. 11.1.1 and t ONVE 11 untu
PAR 3. an Idaho general partnership
the
i GRANTEE(S), whose current address iv
t' following described real property in 3084 E. Lanark, !lerldtan, IU
83b42
more panicularly described as fullows, ht wire
t t�nnts. \tatcue Idaho. c
See the Attached Schedule C for Ieltal description. vhlch by f.
E this reference Is Incorporated herein.
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TO HAVE AND 1'0 HOLD the said premises. wnh Their a
"? forever. And the said Gramor(sl docs Ido) hereby cavenant nr and with the said (iramerls), The Grand (ir ll are dtr .,
nnunrnarq+es unw he said Granrectsl. and C:rantrs•.T•/ heir, and astKn.
simple of said premises; that said premises are free from ala ntcumhranm. 1 '(C'CI'T those Tu which thn const>ancr t. r,pressh made
subject amt those made, suffered or done by the Gramee(s). and sub' nc%.I% m tee
way and agreements. (if any) of record. and general axes and assesxnrents rewval irrigation con . is ay'sv. s. easemertn, rIF1.1, t,f
current year. which are not yet due and payable, and that Gramm(s) will warrant and defend the same Irom all lawful claim, i
whatsoeser, mrrtr., of ans lar the
Dated: October 21, 1994
�^ nald V. Van Au er `� 2
-SxnrW.Or-,��d,��, ' t;
- r r •r,_'—•—• county of
Add _
on
of October
in the year
__ , a Notary Public, of before me
Personally appeared _ Ronald W�Yan Auker
=a RrtaenBBtid
dltlto me to be V) perwn(s) whose names) I s _
tnF, ii�d aelinowlcaaed io me that _ he _ executed the ram _
.....
Notaryf blir;
Residinga : —
;I,; s My Commission
subscribed to the within
i?f wiry i^I n
,A «J**Ow
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VVICINITY MAP w
TRANSPORT TRUCK AND TRAILER INC.
A PORTION OF THE SE V4 OR THE NW V4
soo rso o 5w 1.000 1 s
SCALE IN FEET
r..a..acr■
ROYLANCE AND ASSOCIATES PA
4618 SUITE D-2 EMERALD STREET
BOISE IDAHO 83706
(208)336-7380
9509-1665 vICINITY.OWG
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Roylance & Associates P.A.
Engineers • Surveyors • Landplanners
4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391
December 13, 1995
Project No. 1665
The Honorable Grant Kingsford
Members of the Meridian City Council
City of Meridian
33 E. Idaho Street
Meridian, Idaho 83642
E iVED
KAW
DEC 13 X95
ITY OF MEMO
RE: Application for Annexation, Zoning and Conditional Use Permit for
Transport Truck and Trailer, Inc.
Dear Mr. Mayor and Members of the Council:
Enclosed with this letter please find the following materials which are being submitted in support
of the above referenced application:
1. A narrative entitled "Supplemental Information for Annexation, Zoning and
Conditional Use Permit for Transport Truck and Trailer, Inc.;
2. A revised site plan;
3. An expanded map of the vicinity surrounding the proposed facility,
4. A landscape plan for the project;
5. Representative building elevations for the proposed building;
6. A trip generation and traffic distribution analysis prepared by Bell Walker
Engineers, Inc.;
7. A sound level study prepared by the applicant.
8. Overview and Excerpts of Applicable Federal Regulations
As you review the enclosed information in preparation for the December 19, 1995, hearing, it may
be helpful to keep in mind the following important facts:
zAwordtext\1665\mayor.512
The Honorable Grant Kingsford
Members of the Meridian City Council
December 13, 1995
Page Two
1. Proposed Use. The applicant operates a dealership for the sale of new and used
trucks and semi -trailers and proposes to construct a 43,000 square foot sales and service building
to house all of the activities of the dealership, including servicing of trucks and trailers, and the
sale of parts. The proposed use is not a trucking terminal type operation nor is it a truck stop.
2. Scope of Operations. The scope of operations now proposed by the applicant
have been reduced from that which was presented to the Planning and Zoning Commission. The
project area has been reduced from 20 acres to 12 acres. In addition, the applicant no longer
proposes to conduct its body repair (including painting) and full service leasing on the premises.
Those activities will remain on the company's existing site in Boise.
3. Compliance with Comprehensive Plan. The proposed project, if approved, would
be in compliance with the city's recently enacted comprehensive plan since it will generate a new
commercial enterprise for the city in a location which has been designated as a priority
development area for uses of this type. The truck dealership proposed by the applicant is uniquely
suited to that area.
4. Compliance with Zoning Ordinance. The truck sales and service facility proposed
by the applicant complies with the city's zoning ordinance since it contemplates a commercial use
(rather than an industrial use as defined in the ordinance) in a proposed C -G zone. The proposed
use fits squarely vrithin the definition of that zone and is allowed as a conditional use. The
recently approved Meridian Ford Dealership, which consists of a use analogous to that which is
proposed by the applicant, was approved in a C -G zone under a conditional use permit..
5. Harmony with General Vicinity. The proposed site lies between Interstate 84 and
Overland Road, two traffic corridors with relatively high volumes. The site is not likely to attract
residential or office uses. Along Overland Road in the vicinity are Meridian Ford, Arnold
Machinery, Western States Equipment Company and Inland Coca-Cola, all of which are
operations similar in nature to that proposed by the applicant. The proposed but not yet final
platted subdivision to the south will be buffered from the proposed project by a 35 foot landscape
area included in this project, the 90 feet of Overland Road right-of-way, and the 20 foot landscape
area proposed for the subdivision itself.
6. Traffic and Transportation. The applicant commissioned a trip generation and
traffic distribution analysis to be prepared by Bell Walker Engineers, which estimates that the
proposed facility will generate only 212 trips per day, with just 38 of those being trucks. Bell
Walker also concluded that 95% of the vehicles will access the property from the Eagle Road
zAwordtexA16651mayor.512
The Honorable Grant Kingsford
Members of the Meridian City Council
December 13, 1995
Page Three
Interchange. The Ada County Highway District has analyzed the project and concluded that the
transportation system will be adequate to accommodate additional traffic generated by the
proposed development.
7. Impacts Caused by Noise The applicant conducted a sound level study in order to
determine what level of sound is expected to emanate from the facility and how that sound level
compares with other known uses. The results of the study demonstrate that the sound level at the
current dealership site is lower than that recorded at the corner of Overland and Bonefish, where
the Meridian Ford Dealership is located, and lower than that which is found at the Cherry Lane
Plaza commercial development site.
8. Hours of Operation. The hours of operation proposed for the facility are generally
from 7:00 a.m. until 6:00 p.m., with the expectation that, on occasion, emergency repair or
service work may be extended into the evening hours, but not beyond 11:00 p.m. It needs to be
recalled, however, that all of the service work is performed in an enclosed building which will be
properly insulated to prevent noise from escaping the project site.
9. Environmental Hazards The proposed facility will not create any undue
environmental hazard. The facility will not include any underground storage tanks and there will
be no paint and body shop, no bulk oil storage, and no fuel sales on the site. The proposed use
will pose no greater threat to the environment that the recently approved Meridian Ford
Dealership.
The applicant has worked extremely hard to prepare and submit to you sufficient information
about the proposed use so that you will be comfortable in concluding, as the applicant has, that
this project would be an enhancement and not a detriment to the City of Meridian.
Sincerely,
ROYLANCE AND ASSOCIATES, P.A.
DAVID H. ROYLANCE, P.E., P.L.S.
DHWjg
zAwordtext\ 1665\mayor. 512
it r;u
JIM JONES & ASSOCIATES
Attorneys at Law JAN 2 2 1096
1275 Shoreline Lane CITY OF MERIDIAN
Boise, Idaho 83702-6870
Jim Jones John McCreedy
Boise: (208) 385-9200 Fax: (208) 385-9599
January 19, 1996
Dia Paz To: 887-4813
The Honorable Mayor Robert Corrie
Meridian City Hall
33 East Idaho
Meridian, ID 83642
Meridian City
Meridian City
33 East Idaho
Meridian, ID
Council Members
Hall
83642
Re: Bill Howell Applications for Annexation, Zoning and
Conditional Use Permit for Transport Truck and
Trailers, Inc.
Dear Mayor Corrie and Members of the Meridian City Council:
This firm represents Gary Voigt, Craig R. Groves and Rebecca
Lynn Groves. Mr. Voigt and the Groves are the owners of
approximately 97 acres of real property located in the City of
Meridian across Overland Road from the proposed Transport Truck
and Trailer facility. In October, 1994, the Meridian City
Council approved the property owned by Mr. Voigt and the Groves
for construction of approximately 290 lots known as the Sundance
Subdivision.
Mr. Voigt and the Groves have always enjoyed a strong
working relationship with the City of Meridian, and it is with
some reluctance that they have asked me to write to you regarding
their concerns with the annexation, zoning and conditional use
permit applications submitted by Mr. Howell. There do appear,
however, to be some significant problems with the manner in which
Mr. Howell's application was approved. As a result, we are
requesting that the Meridian City Council reconsider its decision
to approve the Transport Truck and Trailer facility.
Page - 2
January 19, 1996
On September 15, 1995, Mr. Howell submitted an application
for annexation and zoning, and an application for a conditional
use permit to construct the Transport Truck & Trailer facility.
These applications were supported by the bare minimum
requirements contained in the Meridian Zoning and Development
Ordinance. The conditional use permit application indicated
that the 11[p]roposed land use is industrial[,]" and that the
"proposal is compatible with other industrial facilities adjacent
to the project." The land use applications were not supported by
any analysis of the impacts associated with the development. In
particular, there was no narrative statement identifying the
details and scope of the project; there was no site plan,
landscaping plan, or building plans; and there were no studies
identifying the noise, air pollution, or traffic impacts of the
proposal.
On October 10, 1995, the Meridian Planning & Zoning
Commission ("Commission") conducted a public hearing regarding
the development applications. The Findings of Fact and
Conclusions of Law adopted by the Commission demonstrate that no
one, including the Commission and impacted members of the public,
had a clear understanding of the proposal or the impacts the
facility would have on neighboring commercial and residential
uses.
The Applicant and his representative did provide some
information at the Commission hearing. Ms. Donner testified that
the Applicant would sell and service Freightliner trucks on the
20 -acre parcel, and that a future parcel consisting of
approximately 8 acres would be used for a body and repair shop.
Mr. Howell testified at the Commission hearing that Freightliner
trucks would be displayed along I-84; that the proposed fleet
maintenance shop would be a full service facility; that as many
as 75 to 100 daily trips would be made to the facility by full-
size tractors and trailers; that the operating hours of the
facility would be 7:00 a.m. to 12:00 p.m.; that the maximum
number of employees would be approximately 60; and that the
proposal may eventually include a full-service leasing facility.
None of this information was available to the Commission or the
public prior to the October 10, 1995 public hearing.
The Commission voted unanimously to recommend to the
Meridian City Council that the property not be annexed and zoned
and that the conditional use permit not be granted. This
recommendation was made, in part, because the Applicant proposed
"an industrial use" of a type and at a location that "is not in
compliance with the [Meridian] Comprehensive Plan[.]" Commission
Findings and Conclusions, p. 20. In particular, the Commission
found that "there are no industrial uses adjacent to (the]
Applicant's site.,, Id. The Commission also found "that the
Applicant did not present any evidence as to how its truck
operation would be harmonized with the residential developments
Page - 3
January 19, 1996
in the area" and that "it would be very difficult to harmonize
truck traffic, noise and pollution with the many residential
neighbors in the area." Id.
After the Commission recommended denial of the project, a
public hearing was scheduled before the Meridian City Council for
December 19, 1995. Six (6) days prior to that public hearing,
the Applicant submitted detailed information that had never been
presented either to the Commission or to the public. That
information included a specific description of the scope of the
project, an analysis of the proposal's compliance with the
Meridian Comprehensive Plan and Zoning Ordinance, a sound level
study, a traffic study, building elevations, a landscape plan, a
revised site plan, an expanded map, and an analysis of applicable
federal regulations. The Applicant did make an attempt to
discuss the project with Mr. Voigt. However, neither Mr. Voigt
nor Mr. Groves were provided with the supplemental information
submitted on December 13, 1995.
At the public hearing held December 19, 1995, the Applicant
and his representative outlined this supplemental information and
provided additional details regarding the project that had not
been submitted to the Commission or to the public. The City
Council heard testimony from affected businesses and residents
who objected to the Applicant's proposal. After the close of the
public hearing, the application was tabled until the January 2,
1996 City Council meeting, at which time the City Council adopted
Findings of Fact and Conclusions of Law approving the proposal.
In its Findings of Fact and Conclusions of Law, the City Council
concluded:
That the Applicant has stated in its Supplemental
Information and in its presentation to the City at
the public hearing, that its proposed use of the
property will be a commercial use; that the type
and location of the commercial use proposed by the
Applicant is in compliance with the Comprehensive
Plan, since the Plan states that the area is a
Planned Use Development Area.
City Council Findings and Conclusions, p. 26.
The City Council's approval of the annexation, zoning and
conditional use permit applications was made contrary to the
requirements of the Local Land Use Planning Act of 1975, the
Meridian Zoning & Development Ordinance, and the requirements of
due process of law. Our analysis is that the development
applications should have been remanded to the Commission for an
additional public hearing where affected persons would have a
meaningful opportunity to comment on the specific development
proposal.
Page - 4
January 19, 1996
In Johnson v. City of Homedale, 118 Idaho 285, 796 P.2d 162
(Ct. App. 1990), the Court examined the City of Homedale zoning
ordinance and concluded that the contents of a special use permit
application must be included with the application in order to put
the public on notice of the impacts of the proposed development.
The Court stated:
From this language, it is clear that an application for
a special use permit must include a concept plan and
narrative statement to put the public on notice of the
effects of the proposed special use. This notice
allows citizens to make informed arguments and
objections when a public hearing is held on the
proposed land use. Absent these attachments, citizens
are left with a dearth of information on whether -- and
in what regard -- to object to the proposal. Citizens
should not be forced to attend a public hearing to find
out what a developer proposes to do. That information
must be available in advance.
In addition, we observe that adequate notice, such as
that required in Homedale's ordinance, is statutorily
mandated when zoning authorities are requested to
change the authorized use for a particular parcel of
property. See I.C. §§ 67-6509 and 67-6512; Gay v.
County Commissioners of Bonneville County, 103 Idaho
626, 651 P.2d 560 (Ct. App. 1982) (reviewed denied).
Consequently, we believe the concept plan and narrative
statement must be submitted with the application. It
is not sufficient that they be provided at some later
date, such as the date of the public hearing itself.
Johnson v. City of Homedale, 118 Idaho at 287.
The same conclusion is warranted under the Meridian Zoning
and Development Ordinance and under applicable principles of due
process of law. The Meridian Zoning and Development Ordinance
requires that a zoning amendment application contain, among other
things, a statement of the necessity or desirability of the
development and its harmony with adjacent developments and a
statement of how the proposed zoning amendment relates to the
Meridian Comprehensive Plan. Meridian Zoning and Development
Ordinance, § 2-416.C. Here, the original application submitted
by Mr. Howell contained only extremely general statements that
the proposal is compatible with adjacent developments and is in
conformance with the Meridian Comprehensive Plan.
At the Commission hearing held October 10, 1995, there was
substantial confusion regarding the application because affected
persons had not been adequately informed of the details of the
proposal. In fact, the specific details of the proposal were not
submitted to the City of Meridian until December 13, 1995, a mere
Page - 5
January 19, 1996
six (6) days prior to the December 19, 1995 hearing. Additional
details regarding the proposal were elicited at the public
hearing held by the Meridian City Council. Mr. Voigt, Mr.
Groves, their representative, and other members of the public
simply did not have an adequate opportunity to examine the
proposal. As in Johnson v. City of Homedale, the details of the
development application must be submitted sufficiently in advance
to put the public on notice of the effects of the proposed use.
Citizens must be allowed to make informed arguments and
objections at the public hearing. It is impossible for them to
do that when they are provided with the information at the public
hearing or mere days prior to the hearing.
We think there is a second, equally valid reason why the
City Council should reconsider approval of the Howell development
applications. The Local Land Use Planning Act of 1975 requires
that each application for a permit shall first be submitted to
the planning & zoning commission for its recommendation or
decision. Idaho Code § 67-6519. The planning & zoning commission
must have a reasonable time to make its recommendation on the
permit application. Id.
The Meridian Zoning and Development Ordinance reiterates the
same requirements. An application for a zoning amendment, and an
application for a conditional use permit, must first be submitted
to the Commission for its recommendation before it is forwarded
to the City Council. Meridian Zoning and Development Ordinance,
§§ 2-416.A., 2-416.F., 2-418.E. and 2-418.F. We also understand
that when a land use application is substantially modified after
it has been examined by the Commission, it is the policy of the
Meridian City Council to remand the matter back to the Commission
for an examination of the new or substantially modified
application.
Here, it is clear that the development applications were
materially changed after the Commission examined the original
proposal. For instance, the description of the use proposed by
the Applicant changed from "industrial" to "commercial." The
supplemental information submitted by the Applicant on
December 13, 1995, also materially altered the scope of the
project. The autobody and truck shop was removed from
consideration, the hours of operation were changed, and other
significant information and modifications were submitted to the
City Council that were never examined by the Commission. Under
the Local Land Use Planning Act of 1975, the Meridian Zoning and
Development Ordinance, and the policies of the City Council, the
entire application should have been remanded to the Planning &
Zoning Commission for an additional public hearing where affected
persons could have an adequate, meaningful opportunity to examine
the application and submit detailed, informed testimony.
Page - 6
January 19, 1996
Mr. Voigt and the Groves are not opposed to commercial or
other development. On the contrary, they have consistently
supported orderly, planned growth. However, the construction of
the Transport Truck and Trailer facility immediately adjacent to
the Sundance Subdivision will cause serious impacts to the
residents of that subdivision and other nearby residents. Given
that the procedure used by the City Council to approve the
Transport Truck and Trailer facility may have been substantially
flawed, we are requesting that the City Council reconsider that
decision, and remand the applications back to the Commission to
allow interested parties, including Mr. Voigt and the Groves, to
submit informed, meaningful testimony. Such a decision by the
City Council seems only fair, given that the Transport Truck and
Trailer facility will substantially impact numerous Meridian
citizens and residents, and the Applicant did not have a
complete, detailed application identifying its proposed use until
six (6) days prior to the hearing before the Meridian City
Council. On behalf of Mr. Voigt and the Groves, I appreciate your
consideration.
JTJ/tg
ncerely,
Jim�J
L!
cc Meridian Planning & Zoning Commission
Wayne Crookston, Meridian City Attorney
Shari Stiles
Steve Bradbury
STEPHEN A. BRADBURY
EBERLE, BERLIN, KADING, TURNBOW & McKLVEEN,
CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
CAPITOL PARK PLAZA
300 NORTH SIXTH STREET
POST OFFICE BOX 1368
BOISE, IDAHO 83701
The Honorable
Mayor of the
Meridian City
33 East Idaho
Meridian, ID
January 29, 1996
Robert Corrie
City of Meridian
Hall
83642
Meridian City Council
Meridian City Hall
33 East Idaho
Meridian, ID 83642
TELEPHONE
(208) 344-8535
FACSIMILE
(208) 344-8542
.JAMES L. BERLIN
OF COUNSEL
T. H. EBERLE (1922-1977)
Re: Applications for Annexation, Zoning, and Conditional
Use Permit for Transport Truck and Trailer, Inc.
Dear Mayor Corrie and Members of the City Council:
I have received a copy of Mr. Jim Jones' letter of January 19,
1996, in which he requests, on behalf of his clients, Gary Voigt
and Craig and Rebecca Groves, that the Meridian City Council
reconsider its decision approving the above referenced application
and remand the matter back to the Planning and Zoning Commission
for further hearings. The applicant, Bill Howell, has asked me to
respond to that request.
As you know, Mr. Howell, through his engineering consultant,
Roylance & Associates, filed applications last September seeking to
have certain property annexed into the City of Meridian and
approval of a conditional use permit for a truck and trailer sales
and service facility. A hearing on those applications was
scheduled and held before the Meridian Planning and Zoning
Commission on October 10, 1995, after notice of the application was
published and mailed to neighboring property owners pursuant to the
provisions of the city ordinances. At that hearing, in which
Mr. Howell was represented by a representative of Roylance &
Associates, considerable public testimony was taken in opposition
to the project, including testimony from a planning consultant who
was representing Mr. Jones' client, Gary Voigt. The basis of that
opposition centered primarily on the issue of the compatibility of
the project with the residential uses in the surrounding vicinity.
More specifically, those who opposed the project were concerned
Mayor Corrie and City Council Members
January 29, 1996
Page 2
with respect to traffic, noise, and environmental impacts of the
proposed project. After the hearing, the Planning and Zoning
Commission, based upon the information it had before it,
recommended that the property not be annexed into the city for the
use proposed by the applicant.
A hearing was thereafter scheduled before the City Council on
December 19, 1995. In response to the concerns about traffic,
noise, and other impacts of the project which were expressed to the
Planning and Zoning Commission, Mr. Howell arranged to have traffic
and noise analyses prepared so that the City Council would have
fact based (as opposed to emotion based) information upon which to
rely in making its decision. Mr. Howell also retained this firm to
review and analyze the provisions of the Meridian Comprehensive
Plan and Zoning Ordinance as they applied to his proposal. Those
analyses were packaged and delivered to the city on December 13,
1995, about a week prior to the scheduled hearing date. In
addition, Mr. Howell concluded that the size of the project could
be scaled back in order to reduce some of the impacts about which
the opposition complained. It is the consideration of these
analyses by the City Council and the reduction in the scope of the
project about which Mr. Jones' clients complain.
The gist of Mr. Jones' complaint is that his client was not
given an adequate opportunity to express his opposition to the
project because additional information was submitted during the
public hearing process and that the application should have been
referred back to the Planning and Zoning Commission because the
project was modified by a reduction in its scope. Neither of those
complaints has any merit.
As to the first, it is important for the Council to recall
that Mr. Voigt was represented at both the Planning and Zoning
Commission and City Council hearing by a planning consultant, Becky
Bowcutt of Briggs Engineering, who has considerable experience in
zoning and land use matters. Ms. Bowcutt appeared and testified in
opposition to the project both before the Planning and Zoning
Commission and the City Council expressing her clients' concerns
with respect to the compatibility of her clients' proposed
residential project located across Overland Road from Mr. Howell's
project. Neither before the Planning and Zoning Commission nor
before the City Council did Ms. Bowcutt ever express any concern or
objection with respect to the completeness of the application, the
submission of the above-described analyses, nor with the
modification to the scope of the project. Having failed to raise
the issue before the City Council, Mr. Voigt is not permitted to
raise the issue now. See Balser v. Kootenai County Board of
Commissioners, 110 Idaho 37, 714 P.2d 6 (1986), in which the Idaho
Supreme Court stated that in appeals of zoning decisions, an
Mayor Corrie and City Council Members
January 29, 1996
Page 3
appellate court will not consider issues not raised before the
governing body (in the case, the City Council). See also Butters
v. Hauser, 125 Idaho 79, 867 P.2d 953 (1993).
Moreover, during the several weeks between the announcement of
the Planning and Zoning Commission's recommendation to the City
Council and the City Council's hearing, Mr. Roylance spoke with Ms.
Bowcutt on several occasions and invited her and Mr. Voigt to meet
with him in order to discuss the project and modifications which
might be made in an attempt to address Mr. Voigt's concerns. In
addition, Mr. Roylance directed a. letter to Mr. Voigt dated
November 28, 1995, in which Mr. Roylance extended an express
invitation to discuss the project. A copy of that letter is
attached. Not only did Mr. Voigt never respond to that letter, but
Mr. Roylance was advised by Ms. Bowcutt that Mr. Voigt had no
interest in discussing the matter.
In support of his claim that all of the information considered
by the Council in making this decision should have been submitted
as a part of Mr. Howell's application materials, Mr. Jones refers
the Council to the Idaho Court of Appeals decision in Johnson v.
City of Homedale. Mr. Jones' description of that case and its
application to the situation here is, however, misleading. The
issue in the Johnson v. City of Homedale case was, in the words of
the court, "whether the permit should have been denied on the
ground that the application for the permit did not contain a
narrative statement and concept plan, as required by municipal
ordinance, at the time it was submitted." (Emphasis added). The
city of Homedale's zoning ordinance specifically required that
certain materials be submitted with the application for a special
use permit. In that case, the applicant failed to submit those
required materials with the application and, instead, submitted
them at a later date. On those facts, the Court of Appeals held
that the application should have been denied by reason of the
applicant's failure to submit the materials which were required by
the city's ordinance.
The City of Meridian's ordinance is, however, different from
the City of Homedale's ordinance. The materials which are required
to be submitted as a part of application for annexation and a
conditional use permit are set out in Section 2-417B (which makes
reference back to Section 2-416C) and Section 2-418B, respectively.
Since receiving a copy of Mr. Jones' letter, I have carefully
reviewed the requirements for applications for annexation and
conditional use permit approval and compared those requirements to
the application materials which were submitted by Mr. Howell and
have concluded that Mr. Howell's submissions comply in all respects
with the requirements of the City's ordinance. In addition, I have
reviewed the related provisions of the City's ordinance respecting
Mayor Corrie and City Council Members
January 29, 1996
Page 4
the conduct of hearings before the Planning and Zoning Commission
and the City Council and can find absolutely no prohibition
whatsoever against submitting supplementary information during the
hearing process.
The very notion that supplemental and additional information
cannot be supplied to the city during the hearing process is
contrary to established practice and common sense. As this council
knows very well, both it and the Planning and Zoning Commission
will often hear testimony at a public hearing and conclude that it
is in need of additional information on one topic or another. In
those circumstances, the Commission or Council (as the case may be)
will direct an applicant to conduct studies or compile such
additional information and submit it to the Commission or Council
for its consideration. Quite clearly, the Commission or the
Council is entitled to have that additional information presented
to it, even though it was not part of the original application
materials. That the information in this case was submitted
voluntarily rather than at the Council's request should make no
difference. To suggest otherwise is tantamount to saying that once
the applicant files his application, he must stand mute in the face
of opposing testimony. If anything would be a denial of one's due
process rights, that would qualify.
As to the second of Mr. Jones' complaints (that the matter
should be referred back to the Planning and Zoning Commission
because the reduction in scope of the project and the correction
being made in the classification of the use as commercial rather
than industrial constitutes a material change thereby requiring
further review by the Planning and Zoning Commission), I have
carefully examined the local Land Use Planning Act, including
Section 67-6512 concerning conditional use permits and Section
67-6519 pertaining to permits in general, as well as the provisions
of the City's ordinances and can find absolutely no support for the
proposition that the city is required to refer the matter back to
the Planning and Zoning Commission in the event of such changes.
To the contrary, the City's zoning ordinance at Section 2-405I
specifically addresses the issue of modification or amendment of an
application in process. Subparagraph 2 of that section provides as
follows:
If notice of hearing has been mailed or published and the
applicant desires to amend, modify, or alter the
application or any of the included designs, improvements,
drawings, specifications, etc., the applicant shall first
discuss the change with the zoning administrator. If, in
the sole discretion of the zoning administrator, the
changes do not substantially effect [sic) the interests
of those persons entitled to notice by mail, the zoning
Mayor Corrie and City Council Members
January 29, 1996
Page 5
administrator may allow the changes to be made without
requiring that the application be refiled and renoticed.
Alterations, amendments, or modifications that increase
the amount of land or change the zoning district, the use
of the property, the density, increase the impact on
surrounding property, etc., shall be considered as
substantial changes and shall require the application to
be refiled and renoticed. . . .
Thus, the City of Meridian's ordinance specifically recognizes
and sets out a procedure by which applications which are in process
may be modified. The ordinance also defines those changes which
are considered to be substantial thereby requiring that an
application be refiled.
In this case, prior to submitting the supplemental information
and modified site plan, I met with the city zoning administrator,
discussed the modifications with her, and obtained her approval to
make the submission without the necessity of filing a new
application. In making that determination, the zoning
administrator took into account the fact that the modification
resulted in a reduction in the area to be included under the
conditional use permit and the elimination of a proposed future
activity (the body/paint shop), thereby reducing the intensity of
the use of the property. The zoning administrator correctly
concluded that the modification did not "increase the amount of
land or change the zoning district, the use of the property, the
density, [or] increase the impact on surrounding property." Thus,
the application did not need to be refiled or renoticed nor was it
required to be remanded to the Planning and Zoning Commission for
further consideration.
To the extent that the Council may be concerned by Mr. Jones'
reference to the so-called change in description of the use from
"industrial" to "commercial," it should be sufficient to point out
that the classification of a use is determined by the definitions
and other provisions contained in the zoning ordinance and not by
the designation suggested by an applicant or, for that matter, an
opponent. If it were otherwise, all an applicant would need to do
in order to obtain approval is pick a designation which suits his
purpose and thereafter bind the City to it. That the applicant,
prior to retaining counsel, erred in identifying the proper
designation for his proposed use should not be held against him.
Finally, Mr. Jones, like Ms. Bowcutt before him, claims that
Mr. Howell's proposed use will cause serious impacts to his
client's proposed subdivision. Like Ms. Bowcutt, however,
Mr. Jones fails to present any substantive evidence in support of
his conclusory allegation in that regard. Mr. Jones' clients had
Mayor Corrie and City Council Members
January 29, 1996
Page 6
two opportunities to present such evidence, once at the hearing
before the Planning and Zoning Commission and again at the hearing
before the City Council, and failed to do so both times. If
Mr. Jones' clients truly have any evidence to support their claim,
they should and could have presented it long ago. To require
Mr. Howell to suffer the further delays and expense inherent in
additional public hearings under these circumstances is simply
unfair, unjust, and inappropriate.
For those reasons, on behalf of Mr. Howell, I request that you
decline Mr. Jones' invitation to reconsider the approval of
Mr. Howell's project.
Very truly yours,
,StepheY A. Bradbury
SAB:jkr
Enclosure
cc: Bill Howell
Dave Roylance
Jim Jones
Shari Stiles
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MERIDIAN GREENS HOMEOWNERS ASSOCIATION
BOX 301, MERIDIAN, IDAHO 83680
January 23, 1996 ,lAN 2 FI `a
To: Mayor Bob Corrie CITY CF EIQL'V`
From: Kevin Merritt
President of the Meridian Greens Homeowners Association
Post Office Box 301
Meridian, Idaho 83680
Speaking for the residents of 230 plus homes I would like to
express my appreciation for your support in voting against the
Truck Transport and Trailers Inc. request for Annexation and
Rezoning. Your vote against the request demonstrated that you
understand the need for following the Strategic Comprehensive
Plan. Also it shows that you heard the many residents at the
hearing expressing their concerns about locating this business in
their back yards.
Although the City Council has already approved Bill Howell's
request for Annexation and Rezoning, Meridian Greens Homeowners
urge the City Council to reconsider. The approval of Mr. Howell's
request was made during the transition to the new City Council. I
feel that this issue is of enough major concern that it should be
heard by the elected officials that represent the current mood of
the people.
The proposal by Bill Howell at the Planning and Zoning Hearings
was significantly different than that proposed at the City
Council Hearings. As you know the Planning and Zoning Committee
recommended that the request for Rezoning and Conditional Use be
denied. The real question that needs to be addressed by the new
City Council is, does this facility fit in with the Strategic
Plan for the City of Meridian. I know that if you go to the
current facility of Mr. Bill Howell and look at what you are
getting you will find that it does not.
After attending the City Council Hearings and watching the slide
presentations by Mr. Bill Howell's attorney and hearing the
studies by so called experts on sound and traffic. Although they
were Bills relatives and the studies were not commissioned by
anyone with authority. I still feel that the facts remain clear.
These facts were echoed by the several people that attended this
hearing.
1. This facility is not conducive to the residential area that
will border this business. The residential complexion of this
area is already established.
MERIDIAN GREENS HOMEOWNERS ASSOCIATION
BOX 301, MERIDIAN, IDAHO 83680
2. Overland road, presently at two lanes is not suitable for
the heavy truck traffic that will be using it for access to
Mr. Howell's business. Ada county Highway has since delayed
the improvements to widen Overland Road from Eagle Road to
Meridian Road. Without these improvements to Overland Road, I
feel that the long Semi Trucks will use both lanes to
maneuver. This practice will obstruct traffic and cause severe
traffic hazards.
3. The future site of an elementary school so close to a
business that operates heavy trucks and trailers poses a
serious safety issue. School busses and regular vehicle
traffic along with pedestrians, then throw in a Semi Truck
pulling triple Trailers is a recipe for disaster.
4. The traffic intersections at Eagle/Overland and
Meridian/Overland is already too congested. There is a huge
difference between a truck pulling a trailer and a car when it
comes to a traffic count. A truck is much slower and with the
current width of Overland this truck will need much more time
and space to navigate. This will cause irregular traffic
flow.
5. The hours of operation are an issue that was left open
during the City Council hearings. Bill Howell stated that the
business would operate from 7 am to 6pm, 85% of the time. This
is a significant change from the 24 hour operation that was
proposed at the Planning and Zoning hearings. I can't help but
believe that this will change. Who will enforce this
statement.
6. During the City Council meeting, there was no plan given
to show the tall lighting which will be required for this type
of facility. Bright overhead lighting is not compatible with
the planned R-4 or L-0 Mixed Plan zoning south of Overland.
7. Allowing this type of business to be placed so close to
the residential homes, set a tone for the future business's
and surrounding area.
8. During the City Council hearings Mr. Howell made several
comments concerning how his business would be managed.
Examples were given as to the type of work that would be
performed, the hours of operation, the type of vehicles that
MERIDIAN GREENS HOMEOWNERS ASSOCIATION
BOX 301, MERIDIAN, IDAHO 83680
would be patronizing this location and the condition of the
used equipment that will be on site for resale. His current
location looks like a junk yard. Especially at the rear of the
property. This junk would be visible from either the freeway,
or from Overland Road. My concerns are, who will enforce the
promises made by Mr. Howell. What authority will enforce the
promises that Mr. Howell made at the City Council Hearings
that allowed him to put his business in a residential area.
As you can see there are several facts that need to be
properly addressed. The residents on the south side of I-84
are very organized and eager to assist. The Meridian Greens
Homeowners urge the City Council to reconsider Mr. Howell's
proposal or at the very least we would hope that this proposal
could be sent back to the Planning and Zoning for more
hearings. This would give the residents opposed to this
project the chance to investigate and respond to the proposal
that was given at the City Council Hearing.
Once again, Thank you for your support and please do not
hesitate to ask for help from the Meridian Greens Homeowners
Association. We are very proud to be a residents of the City
of Meridian and look forward to being active participants in
the future.
Thank You,
Kevin Merritt
Presid 't of the Meridian
Greens Homeowners Association
SUPPLEMENTAL INFORMATION
FOR ANNEXATION, ZONING, AND
CONDITIONAL USE PERMIT FOR
TRANSPORT TRUCK AND TRAILER, INC.
I.
OVERVIEW OF OPERATION
Existing Operations. Transport Truck and Trailer, Inc. is a licensed Idaho
dealership for the sales of new and used trucks and semi trailers. The current facility is
located at 4665 Enterprise, Boise, Idaho, and is adjacent to the Boise City Airport on a
leased parcel of land approximately five acres in size. Transport Truck and Trailer has
been conducting business and generating payroll in Boise for nine years. The current size
of the company is approximately 42 employees and is expected to increase to 60 within
a five year time span. The current annual payroll is in excess of $1,000,000. The
company projects a total volume of business to be over $20,000,000 for 1995.
The largest portion of the business is the retail sales of trucks and trailers. The
dealership services a client base throughout the eleven western states via a telemarketing
program supported by targeted advertising. Approximately 85 % of the sales volume is
generated by telephone rather than by "drive in" customers.
The company also provides parts and onsite service departments to augment the
sales division. The service component of the business includes work on both trucks and
trailers. Both the parts and service departments are conducted inside enclosed buildings.
Proposed Facility. Transport Truck and Trailer Inc. proposes to construct a
43,000 square foot sales and service building to house all of the sales and service
activities of the dealership. This building will be located on a 12 acre parcel of land
approximately one quarter of a mile east of Locust Grove Road between Overland Road
and Interstate 84. This proposal reflects the reduction in area from that which was
reviewed by the Planning and Zoning Commission from 20 acres to 12 acres. The
balance of the 28 acre parcel will likely be sold for other uses.
The use proposed for this facility is analogous to an automobile dealership such
as that which the city recently approved for Meridian Ford. Activities on the site include
the sale of new and used trucks and trailers, servicing of trucks and trailers, and the sale
of parts. Activities which will not be conducted on the site are body repair (including
SUPPLEMENTAL INFORMATION, Page 1
painting) and full service leasing, which were the topic of discussion before the Planning
and Zoning Commission. Those activities will remain on the company's existing site in
Boise.
The normal operating hours for the facility are 7:00 a.m. to 6:00 p.m. with the
occasional need to remain open until 11:00 p.m. in order to complete emergency service
or repair work. It is estimated that the facility will be closed 80 percent of the time by
6:00 p.m., 15 percent of the time by 8:00 p.m., and 5 percent of the time by 11:00 p.m.
Attached to this narrative is a site plan depicting the general layout for the facility.
The sales and service building is set back from Overland Road approximately 140 feet.
New and used tractor display areas are provided along Overland Road and Interstate 84.
Also attached to this narrative are landscaping plans and building elevations.
Depicted are minimum 35 foot landscape buffers along Overland Road and Interstate 84
and generous landscaping throughout the project site. As can be seen, the proposed
building will be of substantial construction, consisting of textured concrete panels and
premium glazing. The building will resemble buildings found in high tech parks and will
be of a quality and design similar to that of the recently completed Meridian Ford. Such
a building will present a clean and attractive image that will not only enhance the
character of this general area, but also that of the city.
It is important to recognize that the proposed facility is most analogous to an
automobile dealership. The differences, of course, are that Transport Truck and Trailer
deals in trucks rather than automobiles and will generate in the neighborhood of only ten
percent of the traffic that the recently approved Meridian Ford Dealership is estimated
to generate. The facility is = a trucking terminal type operation, nor is it a truck stop.
There will be no underground storage tanks, no bulk oil storage, and no fuel sales on this
site.
COMPLIANCE WITH COMPREHENSIVE PLAN AND ZONING ORDINANCE
Comprehensive Plan. Meridian's recently enacted comprehensive plan, on several
occasions, makes the point that the city seeks to encourage commercial enterprises to
locate in Meridian. Evidencing that point is the policy designated 1.6.0 on page 10
which reads "encourage and support new businesses and industries which offer higher
than average wage jobs and upward employment mobility to locate in Meridian." The
same point is made in policy 1.1 on page 18 which reads "The City of Meridian shall
make every effort to create a positive atmosphere which encourages industrial and
commercial enterprises to locate in Meridian. " As indicated above, Transport Truck and
SUPPLEMENTAL INFORMATION, Page 2
Trailer seeks to relocate its facility from the City of Boise to the City of Meridian where
it will provide as many as 60 jobs and an annual payroll in excess of $1,500,000.
The site upon which the applicant proposes to construct this facility is designated
in the city's Comprehensive Plan as a mixed use area where commercial uses are
anticipated. In fact, the land use section of the Comprehensive Plan provides for mixed
uses along the I-84 corridor, "which are attractive and compatible with high volume
traffic corridors." The truck dealership proposed by the applicant is uniquely suited to
the area since it is bounded on the north by Interstate 84 and on the south by Overland
Road. Very few uses would be suitable in that location. Moreover, policy 5.15.0 on
page 28 of the Plan provides "the mixed use area in the vicinity of the Overland
Road/Franklin Road/Eagle Road/I-84 interchange is a priority development area." The
proposed use clearly meets both the spirit and intent of the comprehensive plan.
Zoning Ordinance. The use proposed by the applicant is best identified as a
commercial use rather than as an industrial use as those terms are defined in the city's
zoning ordinance. A commercial use is defined as "the purchase, sale, or other
transaction involving the handling or disposition of any article, substance, or commodity,
or the dispensing of services for livelihood or profit.... " Industrial, on the other hand
is defined as "[t]he manufacture, processing, and testing of goods and materials, including
the production of power. ... " The proposed truck sales and service facility appears
better categorized as a commercial use than industrial use since it does not contemplate
the manufacture, processing, and testing of foods and materials. Instead, it contemplates
the sale of articles and the dispensing of services.
The applicant proposes a C -G (general retail and service commercial) zone, the
purpose of which is "to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact of
proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel related services
as well as retail sales for the transient and permanent motoring public. . .. " Of the
several zone choices defined in the ordinance, the C -G zone designation appears to be the
best fit for the proposed use. It not only provides uses which are operated almost entirely
within a building, but it is auto and service oriented, is in close proximity to a major
highway (I-84), and an arterial street (Overland Road), and provides travel related
services.
The zoning schedule of use control found at Section 2-409 of the zoning ordinance
includes "sales lots (auto, rec., and agricultural, etc.)" as allowed as conditional uses in
the C -G zone. The recently approved Meridian Ford Dealership, which consists of a use
analogous to that which is proposed here, was approved in a C -G zone under a
conditional use permit.
SUPPLEMENTAL INFORMATION, Page 3
CONDITIONAL USE CRITERIA
The Meridian Zoning Ordinance sets out a number of criteria which are applicable
to conditional uses. Among them are the following:
1. Use is in accordance with the Comprehensive Plan and Zoning Ordinance.
The information summarized in the preceding section demonstrates that the proposed use
is in accordance with the comprehensive plan and the zoning ordinance. The proposed
use is best categorized as a commercial use and is of the type which is anticipated for the
subject location.
2. Use is harmonious and appropriate with the existing or intended character
of the general vicinity. It must first be recognized that the proposed site lies between
Interstate 84 and Overland Road, two traffic corridors with relatively high volumes. This
site is not likely to attract residential or office uses. Instead, it is more likely to attract
commercial uses which are compatible with high traffic areas. Attached to this narrative
is an expanded vicinity map showing the existing uses along Overland Road between
Meridian Road and Eagle Road. Among those uses are Meridian Ford, Arnold
Machinery, Western States Equipment Company (Caterpillar), and Inland Coca-Cola.
To the south is the proposed (but not yet final platted) Sundance Subdivision, a
proposed residential development of almost 300 lots. That proposed subdivision is
separated from the proposed use by Overland Road which, upon approval of this project,
will consist of a 90 foot right of way and is buffered by a 20 foot wide landscape area
south of the Overland Road right of way (which was imposed as a condition of approval
of that project) and a 35 foot landscape buffer strip on the north side of Overland Road
which is proposed for this project. The proposed sales and service building will be set
back approximately 140 feet from the Overland right of way providing a total separation
between this use and the adjacent residential uses of 250 feet.
Bearing in mind that minor arterial streets (such as Overland Road) are, according
to the definition contained on page 43 of the Meridian Comprehensive Plan, intended to
"serve as boundaries for neighborhoods, as well as buffers between incompatible land
uses, because of their 66 to 90 foot right of ways," and remembering that the proposed
Sundance Subdivision was approved after the city's comprehensive plan was adopted in
1993 designating this area as a mixed use area, it appears that the proposed use is
harmonious with both the existing and intended character of the general vicinity.
SUPPLEMENTAL INFORMATION, Page 4
3. The Use Will Not Be Hazardous or Disturbing to Existing or Future
Neighboring Uses. As indicated above, the proposed facility is a truck and trailer
dealership, not a truck stop such as are seen throughout the interstate highway system.
The proposed facility generates a modest amount of traffic compared with other
commercial facilities, generates less noise than is commonly associated with commercial
enterprises, and is subject to strict regulations with respect to pollution control and
hazardous materials. As to traffic issues, attached to this narrative is a trip generation
and traffic distribution analysis prepared by Bell Walker Engineers. Based upon its
analysis of the applicant's existing facility and taking into account anticipated growth in
the business, Bell Walker Engineers estimates that the proposed facility will generate only
212 trips per day, with just 38 of those being trucks. Bell Walker also concluded that
95 % of the vehicles will access the property from the Eagle Road interchange with only
five percent accessing from the Meridian Road interchange. The applicant can, through
its marketing literature and roadside signs, encourage its customers to use the Eagle Road
interchange rather than the Meridian Road interchange.
The Ada County Highway District has analyzed the proposed project (prior to its
being downscaled) and concluded: "The transportation system will be adequate to
accommodate additional traffic generated by this proposed development. " This
conclusion was based, in part, on the total traffic count on Overland Road of just over
7,000 vehicles on July 12, 1995. The Highway District has conditioned its approval of
the project on the applicant dedicating 45 feet of right of way from the center line of
Overland Road (20 additional feet) and that the applicant construct a center turn lane at
the main entrance on Overland Road which will "allow through traffic on Overland Road
to proceed without delay or risk." The applicant is, of course, willing to comply with
the requirements of the Highway District.
With respect to the generation of noise on the site, the applicant conducted a sound
level study in order to determine what level of sound is expected to emanate from the
facility and how that sound level compares with other known uses. Attached to this
narrative is a copy of that study. The decibel ranking contained in the study consists of
the average sound level recorded at various sites over twenty minute periods of time.
The results of the study demonstrate that the sound level at the current dealership site is
lower than that recorded at the corner of Overland and Bonefish, where the Meridian
Ford Dealership is located, and lower than that which is found at Cherry Lane Plaza in
Meridian, a commercial development site. The sound level compares favorably to that
which was recorded at the Clubhouse in the Island Woods Subdivision, a higher end
residential subdivision located in Eagle, Idaho. The sound study also demonstrates that
sound generated along busy arterial streets decreases significantly as you move inside
adjacent residential subdivisions. Accordingly, this facility is not likely to have any
significant impact on the residential subdivision proposed to be built south of Overland
Road.
SUPPLEMENTAL INFORMATION, Page 5
The hours of operation proposed for this facility are generally from 7:00 a.m. until
6:00 p.m., with the expectation that on occasion emergency repair or service work may
extend into the evening hours, but not beyond 11:00 p.m. It should be recalled,
however, that all of the service work is performed in an enclosed building which will be
properly insulated to prevent noise from escaping the project site.
All exterior lighting will be designed so as to minimize impacts on adjacent
properties, including the interstate. Moreover, the proposed landscaping, as shown on
the attached landscape plan, will further mitigate any noise or visual impacts which may
be caused by the facility. In addition, there will be no use or installation of an exterior
loudspeaker paging system on this site. All paging functions are carried out by personal
pagers worn by employees.
With respect to pollution and other related hazards, the operation of the entire
facility will conform to all OSHA, EPA, and DOT regulations as published by the
federal, state or local governments. Attached are selected portions of the relevant
environmental regulations which are applicable to this project and with which the facility
will comply. The facility will not include any underground storage tanks and there will
be no paint and body shop, no bulk oil storage and no fuel sales on this site. Simply
stated, the proposed use will pose no greater threat to the environment than any other
retail type establishment, and certainly no more than an automobile dealership such as
that which was recently approved by the city in the same vicinity.
4. Use will be served adequately by essential public facilities. The project will
be served by city water from lines which are located at Overland Road and which must
be extended to the project site at the applicant's expense. The project will also be served
by city sewer by extending the sewer lines, also at the applicant's expense, from the St.
Luke's medical facility in the same fashion as that which was approved for the Sundance
Subdivision. The main transportation facility to be impacted by the site is Overland
Road. As indicated above, the Ada County Highway District has concluded that the
transportation system will be adequate to accommodate the additional traffic generated by
the proposed development. The approximately 200 additional vehicle trips on Overland
Road (which now carries in excess of 7,000) will have a negligible impact on the
transportation system.
5. The use will not be detrimental to persons, pro eejU or the general welfare
by reason of exces ive production of traffic, noise, smoke, fumes, glare or odors.
The information summarized above amply demonstrates that the proposed project will not
result in excess noise, traffic or other offensive activities. The traffic to be generated is
minimal compared to other commercial uses, the noise generated is less than that which
is expected to emanate from general commercial enterprises, and the fact that all repair
SUPPLEMENTAL INFORMATION, Page 6
activities will be conducted in an enclosed building eliminates the possibility that offensive
noise, smoke or odors will emanate from the facility.
6. Use will have vehicular approaches de igned not to create interference with
traffic on surrounding public streets. As indicated above, the Ada County Highway
District has concluded that with the addition of a center turn lane on Overland Road and
acceleration/deceleration lanes adjacent to the entryways, the project will not create
interference with traffic or pose additional risk. Moreover, since 95 % of the traffic to
and going from the facility will access Overland Road from the Eagle Road interchange,
there will be little if any impact at the more congested Meridian Road interchange.
IV.
CONCLUSION
The proposed truck and trailer sales and service facility should be approved by the
city of Meridian for several reasons, some of which are as follows:
1. The proposed project if approved would be in compliance with the
comprehensive plan as generating additional commercial enterprises in a location which
has been designated as a priority development area for uses of this type.
2. The proposed facility complies with the requirements of the zoning ordinance
since it proposes a commercial use (as defined in the ordinance) in a commercial zone
which zone allows for such a use.
3. The use will not be hazardous or disturbing to existing or future neighboring
uses nor will it be detrimental to any persons or property in the vicinity since it will
create minimal traffic, minimal noise, no pollution, and will be professionally landscaped
so as to buffer it from other adjacent uses.
4. The use will be adequately served by central public facilities such as sewer,
water, and transportation. It will not create excessive additional requirements for public
facilities at public cost.
SUPPLEMENTAL INFORMATION, Page 7
CI
FID a❑
OD 00
BELL -WALKER ENGINEERS Inc.
827 LaCassia Drive
Boise, ID 83705-2254
December 4, 1995
Mr. Bill Howell
Transport Truck and Trailer, Inc.
4665 Enterprise St.
Boise, ID 83715
SUBJECT: BOISE FREIGHTLINER - TRANSPORT TRAILER
Dear Mr. Howell:
(208) 343-3609
FAX (208) 343-3572
Bell•Walker Engineers, Inc. has been retained to provide a trip generation and traffic distribution
analysis for a proposed Freightliner truck sales and service center. This development is proposed
by Transport Truck and Trailer, Inc. Transport Truck and Trailer operates an existing truck sales
and service facility in the Boise area and will be expanding and moving to a new location.
The proposed facility is located on Overland Road, approximately 3/8 mile from Eagle Road
(south of SH 55). The proposed development is about 38,000 square feet of new building on
about 20 acres of open lot space. The development will offer new and used truck sales, truck
repair and service, and parts supply for trucks. The existing facility has 42 employees.
Summary
Based on the findings discussed below, it is estimated that the proposed facility will generate 212
daily trips on weekdays and 26 trips during the pm peak hour. 38 of the daily trips generated will
be trucks, and 3 of the peak hour trips will be trucks. All trips will access the site_ from Overland
Road via I-84 or SH 55. 95% of the vehicles will access I-84 via the Eagle Road Interchange, and
5 % will access I-84 via the Meridian Road Interchange.
Trip Generation
A review of the ITE Trip Generation Manual indicates that there is no applicable data base for use
in determining trip generation of a facility such as this. Land Use # 840 - Automobile Care
Center, and Land Use #110 - Light Manufacturing were reviewed and determined not to be
similar to the proposed land use. It was therefore determined that trip generation would have to
be estimated for this particular land use using available data and engineering judgement.
The existing facility provides a good model for estimating trip generation. The proposed
development will have no services that are not now provided by the existing facility. The building
expansion is intended to provide indoor facilities for most of the services that are currently
provided in outdoor facilities. Although an expansion of the sales facilities will be provided, trip
generation should be very close to existing trip generation.
Bellevue, Washington • Boise, Idaho
Boise Freightliner
Transport Trailer
Page 2
Trip generation can be determined from four different services provided by the site. There will be
trips generated from customers patronizing the parts department, from customers patronizing the
service department, from customers patronizing the sales facilities, and from employees at the
site. The trips generated from each are directly additive to determine the total trip generation.
At the existing facilities, trip generation can be determined from the company records which
indicate the number of customers served at both the parts and service departments. Records were
reviewed for both departments for the week of November 10-16, 1995.
The parts department averaged 20 customers per day during the week. On weekdays, the
department averaged 17 customers per day, and 35 customer transactions occurred on Saturday,
the busiest day. This would equate to 34 vehicle trips on week days and 70 vehicle trips on
weekends. If it is conservatively assumed that some trips will occur in which no transaction
occurs, the trip generation rate of 40 vehicle trips per weekday and 80 vehicle trips on Saturdays
can be used for the parts department. During the week, only 7 transactions occurred the evening
peak hour of 4:30 pm to 6:00 pm. This is an average of 1.4 transactions, or 3 vehicle trips during
the peak hour. Since many of the parts department customers would be driving by on hauls, it is
estimated that 50% of the trips generated would be trucks.
During the week under study, the service department filled 108 repair orders. 17 of the orders
were for internal operations and were not the result of a customer. Thus a total of 91 repair
orders were written during the week. This is and average of 13 per day, with 23 orders occurring
on Saturday and an average of 11.4 on weekdays. If the typical customer drops the truck off and
picks it up at a later time or date, using a second vehicle for this purpose, then each repair order
will result in 5 vehicle trips. The resulting trip generation will be 57 vehicle trips on weekdays
and 125 vehicle trips on Saturdays. Only 6 of the repair orders were prepared during the peak
hour, so only the peak hour trip generation will be 6 vehicle trips. The only the trucks in all of
these trips will be the one being serviced, so trucks would account for 20% of the trips, or 13 of
the weekday trips and 1 of the pm peak hour trips.
The existing facility is currently averaging sales of about 40 units per month. Since the new site
will offer better visibility to the prospective market, sales are expected to increase to about 60 per
month in about 5 years. This will average 2 sales per day. According to the company
management, 85 % of the customers are from out of town. Discussions and negotiations are
conducted over the phone. Each of these sales would result in 4 vehicle trips, 2 for the customer
to take possession of the vehicle, and 2 for the delivery of the truck or trailer. For the remaining
15 % of sales, it is recognized that there will be some customer attractions that do not result in
sales, and multiple visits by a customer that does result in a sale, similar to our own experiences
in buying automobiles. ITE does not estimate trip generation at a new car sales facility based on
number of sales, so this number must be estimated.
r
Boise Freightliner
Transport Trailer
Page 3
A conservative estimate would be 12 vehicle trips per local sale, including truck delivery. The
weighted average would be 5.2 trips per sale, resulting in 10 vehicle trips per day. With no
documentation to assume otherwise, it is assumed that 20% of these trips occur during the peak
hour. Therefore 2 vehicle trips are generated during the peak hour. Each sale would have two
truck trips, one trip to deliver the truck to the site, and one when the customer takes delivery. Of
the drive in customers, approximately 40% will drive trucks to the facility. Using this data, of the
10 daily trips, 5 trips would be in trucks.
The current facility employs about 42 employees. It operates about 16 hours a day, 7 days a
week. It can be assumed that employee trip generation will be similar to, but less than, that of
light manufacturing, ITE Land Use # 110. It would be less due operational hours of the facility
compared to those of typical light manufacturing. The ITE Manual estimates that Light
Manufacturing will generate 3.02 trips per employee on weekdays and 0.51 trips per employee
during the pm peak hour. Based on the staff breakdown by shift, the average weekday trip
generation can be estimated to be 2.5 vehicle trips per employee. This is greater than those used
in the Micron Technologies Traffic Impact Study, which also operates on an extended schedule.
Thus, it can be estimated that the new facility will generate 105 vehicle trips per weekday.
Employee trip generation during the peak hour will also be less than peak hour trip generation for
light manufacturing. Again, using the employee shift breakdown, peak hour trip generation
should be about 0.35 vehicle trips per employee. The resulting peak hour trip generation will be
15 vehicles during the pm peak hour.
Directly adding all of the above trip generations, the proposed facility can be expected to generate
about 212 vehicle trips on weekdays and 26 vehicle trips during the weekday, pm, peak hour.
The results are summarized as follows:
Cars Trucks Total
Daily Peak Daily Peak Daily Peak
Parts
20
2
20
1
40
3
Service
44
5
13
1
57
6
Sales
5
1
5
1
10
2
Employees
105
15
0
0
105
15
Totals
174
23
38
3
212
26
Trip Distribution
A major benefit of the proposed site to the owner is the access to I-84. It is therefore assumed that
all customers will access the site from I-84 by either the Eagle Road Interchange or the Meridian
Road Interchange. Due to the specialized nature of the business, the customer base is very narrow
and the rate of repeat customers is very high. Therefore the existing client list can be used to
estimate trip distribution.
Boise Freightliner
Transport Trailer
Page 4
The list of 813 existing clients indicates that 448 of those are located out of state, or in eastern or
northern Idaho. All of these customers will use the most convenient access to I-84 or SH 55.
They would most likely use the Eagle Road Interchange. 222 of the customers have Boise zip
codes. The easiest access for them would also be the Eagle Road Interchange. The remaining
clients, 42 have zip codes in Meridian and 101 have zip codes in Canyon County. Customers
from Canyon County would have to use I-84 to access the site. Due to the higher speeds of I-84
over Overland Road, The Eagle Road Interchange would offer the fastest access to the
development. It is likely that only some of the Meridian based customers would use the Meridian
Road Interchange. Based on this data, it can be inferred that on the order of 95 % of the
customers will use the Eagle Road Interchange.
As the regional Freightliner service agency, all owners of Freightliner trucks will be directly
marketed. Included in marketing literature will be directions to get to the facility. These
directions will indicate the best way will be via the Eagle Road Interchange. Roadside signs will
also indicate to take the Eagle Road Interchange. These measures can help assure that clients will
use the Eagle Road Interchange and" not utilize other local roads.
We hope this offers some insight into the trip generation and distribution of the proposed
development.
Sincerely,
NGINEERS, INC.
Z•WALK
aA. Thompson, P.
Project Manager'
G ry R. Funkhouser, P.E.
Vice President
D:\TRAFSTDY\TGEN.RPT
5JH1.611
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 1 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 (Leq), 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
project.
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 Ley 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
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 curfent 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.
Glossary
A -Weighted Sound Level: 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.
Decibel (dB): 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 2pressure 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:
A -Weighted Sou
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Sound Level Data Sheet
Time: Operator:
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General Comments:
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44:
45:
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Overview of Applicable Federal Regulations
Aside from the regulations and conditions that may be imposed at the local level,
the Transpiration Sales Industry is regulated by the Environmental Protection Agency,
EPA, the Occupational Safety and Health Act, OSHA, and the Department of
Transportation, DOT. The following attachments from the Code of Federal Regulations
are by no means inclusive, but serve to address particular concerns expressed by local
residents during the public hearings conducted by the Meridian Planning and Zoning
Commission.
The issue of fumes, or unpleasant smells being caused by this development is
addressed by the EPA in at least two sections: 1) 40 CFR Ch. 1, para 86.091-11,
Emission Standards for 1991 and later model year diesel heavy-duty engines. This
section of code (attached) outlines emission requirements and testing procedures that
certify that 1991 and later diesel engines meet the requirements of the Clean Air Act. 2)
40 CFR Ch. 1 para 86.884-1, Emission Regulations for New Diesel Heavy -Duty Engines;
Smoke Exhaust Test Procedure (attached). This section of code effectively eliminates the
black exhaust seen in older diesel engines. The engine makers must test and certify that
the exhaust stream must not only be chemically clean, but transparent as well.
The issue of noise was also brought up as a legitimate concern. The EPA controls
noise pollution in several different manors. Firstly, in 40 CFR Ch.1 Part 205 -
Transportation Equipment Noise Emission Controls (attached), the individual piece of
equipment must meet stringent requirements for the control of noise. The code is very
clear on the manufacture and repair of equipment, any subsequent modification of noise
control equipment must meet these requirements. The DOT and local law enforcement
also have the capability of spot check monitoring of equipment. The EPA, through 29
CFR Ch. XVII para 1910.95 Occupational Noise Exposure (attached), also control the
amount of noise emanating from the workplace. Although this is primarily to protect the
workers on site it also set levels off-site.
In conjunction with a Sound Level Study conducted for this application of site
development it should be clear that the Sales Facility will be a good neighbor to the
residents of Meridian and very much "in -tune" with the concept of a mixed use policy in
this area of the city.
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Meridian City Council
February 20, 1996
Page 10
Haven Cove No. 6 by John Eddy subject to City Attorney Crookston's negotiating the
changes necessary.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the restrictive
covenants subject to the review of the attorney and with the changes, all those in favor
say aye, excuse me any discussion? All those in favor say aye? Opposed?
MOTION CARRIED: All Yea
Rountree: Do we need action on the final plat? Mr. Mayor I move we approve the final plat
for Haven Cove subdivision No. 6 by John Eddy.
Morrow: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve the final plat
for Have Cove No. 6 subdivision by John Eddy any discussion? All those in favor say
aye? Opposed?
MOTION CARRIED: All Yea
ITEM #5: ORDINANCE #724 - BILL HOWELL ANNEXATION:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED
IN THE SW 1/4 OF SECTION 17, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO;
AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that
would like to have this ordinance read in its entirety? Hearing none I shall ask for a
motion.
Tolsma: Mr. Mayor, I move we approve Ordinance #724 with suspension of the rules.
Rountree: Second
Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree that we accept ordinance
#724 with suspension of the rules, any discussion? Roll call vote
Bentley: Mr. Mayor, I want to speak out against this ordinance. I do not feel that this, that
has been addressed the safety issues concerning the increased truck traffic on this issue.
I do not believe that this particular project belongs at this site. That is all I have.
Meridian City Council
February 20, 1996
Page 11
Corrie: Thank you Mr. Bentley, any further discussion? Hearing none I shall ask for the
vote by roll call
ROLL CALL VOTE: Morrow - Yea, Bentley - Nea, Rountree - Yea, Tolsma - Yea
MOTION CARRIED: 3 Yea, 1 Nea
ITEM #6: ORDINANCE #725 - JEFF LOFFER VACATION OF EASEMENT:
Corrie: AN ORDINANCE VACATING A PORTION OF THE EXISTING 20 FOOT UTILITY
AND DRAINAGE EASEMENT BY REDUCING THE WIDTH FROM 20 FEET TO 15 FEET
WHICH EASEMENT IS IN THE NORTHERLY 20 FOOT OF LOT 6, BLOCK 1 OF
CENTRAL VALLEY CORPORATE PARK NO. 1 A RECORDED SUBDIVISION ON FILE
IN BOOK 57 OF PLATS PAGES 5332 AND 5333 RECORDS OF ADA COUNTY IDAHO
AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that
would like Ordinance #725 read in its entirety? Hearing none I shall entertain a motion for
Ordinance #725.
Bentley: Mr. Mayor I move we pass this with suspension of rules.
Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that ordinance #725 be
approved with suspension of the rules, roll call vote.
ROLL CALL VOTE: Tolsma - Yea, Rountree - Yea, Bentley - Yea, Morrow - Yea
MOTION CARRIED: All Yea
ITEM #7: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-0 BY
MERIDIAN FREE LIBRARY DISTRICT:
Corrie: Is there anybody here from the Meridian Free Library District? At this time I will
officially open the public hearing.
Tom Ensley, 1197 Main, Boise, was sworn by the City Attorney.
Ensley: May I borrow the easel? On the very favorable endorsement of the community
in November for a new library facility the Library District has selected a site as described
here on North of Cherry, East of 13th Avenue, it is a little over 2 acres, 2.22 acres. It is
presently the original location of a farm site, there is a little farm house located near Cherry
ORDINANCE NO. 724
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A tract of land situated in the Southwest 1/4 of Section
17, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho and being more particularly 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, said southerly line being the
centerline of Overland Road 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°24158" East a distance of 500.60 feet to
a found steel pin,
Thence North 55°16102" West a distance of 100.08 feet to
a found steel pin,
Thence North 24022102" West a distance of 337.77 feet to
a found steel pin,
Thence North 15012102" West a distance of 179.69 feet to
a point,
Thence North 25027102" West a distance of 359.04 feet to
a point on the Northerly right-of-way of Interstate 84,
ANNEXATION ORDINANCE - HOWELL Page 1
Thence following the said right-of-way of Interstate 84
Southwesterly 801.79 feet along the arc of a circular
curve to the right said curve having a central angle of
04°52'01", a radius of 9439.30 feet, a chord bearing of
South 84°26'34" West, and a chord distance of 801.55 feet
to a point on the westerly line of the Southeast 1/4 of
the Southwest 1/4 of said Section 17,
Thence leaving said northerly right-of-way and following
said westerly line South 00°28100" West a distance of
1282.56 feet to a found steel pin monumenting the
Southwest Corner of said Southeast 1/4 of the Southwest
1/4,
Thence along the southerly line of said Section 17 and
said centerline of Overland Road South 89052119" East a
distance of 1227.61 feet to the POINT OF BEGINNING.
is hereby annexed to the City of Meridian, and shall be zoned C -G
General Retail and Service Commercial; that the annexation and
zoning is subject to the conditions referenced in the Findings of
Fact and Conclusions of Law as adopted by the Meridian Council on
the request for annexation and zoning; that all ditches, canals and
waterways shall be tiled, including those that are property
boundaries or only partially located on the property.
Section 2. That the property shall be subject to de -
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer at Applicant's cost and resolve
how the water and sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan.
C. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address inclusion the
requirements of 11-9-605 C, G 1., H, K, L, and M and 11-
9-606 pertaining to bicycle pathways, storm drainage,
sidewalks and pedestrian walkways, greenbelt, and
pressurized irrigation, of the Revised and Compiled
Ordinances of the City of Meridian and other matters;
that the property may be de -annexed if the terms and
ANNEXATION ORDINANCE - HOWELL Page 2
conditions of the Development Agreement are not
satisfied.
d. 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, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law, which are incorporated
herein as if set forth in full, and in particular each
and every condition and/or requirement stated in
paragraph M. of the conclusions of Law stated therein,
and meet the Ordinances of the City of Meridian.
g. Meet the representations that were made by the Applicant
and those of his representatives, which include but are
not limited to the following:
a. Those made by David H. Roylance in his letter dated
December 13, 1995.
b. Those made in the Supplemental Information for
Annexation, Zoning and Conditional Use Permit.
C. Those made at the public hearings and on plats, and
other documents, submitted to the City.
d. Those made as to the hours of operation on page 2
of the Supplemental Information document.
e. That there would be no underground storage tanks,
no paint or body shop, no bulk oil storage, and no
fuel sales on site.
Section 3. That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten (10) days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
ANNEXATION ORDINANCE - HOWELL Page 3
•
•
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 2Q]Z- day of February,
1996.
APPROVED:
ATTEST:
9
Lr
WILLIAM G. BERG, JR 61CITY CLERK
STATE OF IDAHO,)
: ss.
County of Ada, )
R -- ROBERT D. CORRIE
\\\ \,ti�utrtrrrrliii
� � � "fin. •�t'r \\
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.";
passed as Ordinance No. 724 , by the City Council and Mayor of the
City of Meridian, on the `tt day of February, 1996, as the same
appears in my office.
DATED this day of February, 1996.
\``�tuuuttrrrr>>i
y-
SE -,AL
eCi�'r.r;�t't
City Clerk, City o Meridian
Ada County, Idaho
ANNEXATION ORDINANCE - HOWELL Page 4
STATE OF IDAHO,)
. ss.
County of Ada, )
On thisWit,day of February, 1996, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, JR. known to me to be the person whose
name is subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
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4 !1 I
SEAL _ ,� ,I -Notary Public for Idaho
Residing at Meridian, Idaho
s My Commission Expires
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ANNEXATION ORDINANCE - HOWELL Page 5
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Meridian City Council
January 2, 1996
Page 4
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL:
Kingsford: Council I understand just received those, what is your pleasure.
Corrie: Mr. Mayor we haven't received them yet.
Crookston: I gave them to Will, I think Will gave them to Shari.
Kingsford: They are going to be hot off the press is that correct. No doubt you have all
read those (inaudible).
Morrow: Mr. Mayor, could we have a couple minute recess so we can review these
quickly?
Kingsford: Is there a second?
Yerrington: Second
Kingsford: Moved by Walt, second by Max to recess for a couple minutes to review these
findings, all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE RECESS
Kingsford: Council members you. have had a chance to review those findings, is there any
discussion?
Morrow: Mr. Mayor, I would move that we adopt and approve the findings of fact and
conclusions as written.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the findings of fact and
conclusions of law as written, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington -Yea, Corrie - No, Tolsma - Yea
MOTION CARRIED: 3 Yeas, 1 No
Meridian City Council
January 2, 1996
Page 5
Kingsford: Is there a motion on the decision?
Morrow: Mr. Mayor, the City Council of the City of Meridian hereby approves that the
property set forth in the application will be annexed and zoned and that the conditional use
permit be granted under the conditions stated in the above findings of fact and conclusions
of law.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor?
Opposed?
MOTION CARRIED: 3 Yeas, 1 No
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST BY R.T. NAHAS COMPANY:
Kingsford: Is the Council prepared to deal with those?
Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law
as written.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions
of law for the variance request for R.T. Nahas Company as written, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington -Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Morrow: Mr. Mayor, it is decided the application for a variance from 11-9-605 M is granted
and the applicant shall not fence the Eight Mile Lateral that the applicant shall place and
construct landscaping along the eight Mile Lateral as a condition of being granted the
variance.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor?
MERIDIAN CITY COUNCIL MEETING: JANUARY 2.1996
APPLICANT: BILL HOWELL ITEM NUMBER; 2
REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION20NING REQUEST
WITH A CONDITIONAL USE PERMIT
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE: UL
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: CA
CENTRAL DISTRICT HEALTH: V"
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
r
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
COPY
BEFORE THE MERIDIAN CITY COUNCIL
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 lE
BOISE MERIDIAN, 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 December 19, 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, Steve Woodbury,
appearing, and the Meridian City Council having heard and taken
oral and written testimony, and having duly considered the matter,
the Meridian City Council 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 December 19, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the December 19, 1995
hearing, the Applicant's representative, Steve Woodbury, appearing
in person, that the public having been given full opportunity to
express comments and submit evidence; and that copies of all
FINDINGS OF FACT AND CONCLUSIONS OF LAW —HOWELL PAGE - 1
1
notices being available to newspaper, radio and television
stations, the Meridian City Council hereby takes action on 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 Freightliner
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; that in the C -G District, Sales
Lots (Auto. Rec, & Agric., Etc.) are allowed conditional uses.
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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL PAGE - 2
•
currently under construction.
5. That the property is adjacent and abutting to the present
City limits.
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 original 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.".
That the Applicant submitted Supplemental Information for
annexation, zoning and for the conditional use request prior to the
City Council hearing and such are incorporated herein as if set
forth in full; that the proposed use was to operate a dealership
for the sale of new and used trucks and semi -trailers, including
servicing of trucks and trailers and the sale of parts; stated that
the use was a commercial use and not industrial; that the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3
use was not a trucking terminal type operation and that it was not
a truck stop; that it was going to be 12 and not 20 acres as
initially stated; that it would be in compliance with the Meridian
Comprehensive Plan since it will generate a new commercial
enterprise for the City in a location which has been designated as
a priority development area for uses of that type; that it complies
with the Zoning Ordinance since it contemplates a acommercial use,
rather than an industrial use, in a proposed C -G zone; that it fits
squarely within the definition of the,C-G zone and is allowed as a
conditional use; that Meridian Ford, Arnold Machinery, Western
States Equipment and Inland Coca-Cola are operations similar to
what is proposed by the Applicant; that Applicant had a traffic
study done which indicated that 212 trips per day of which 38 would
be trucks, that 95% of the vehicles will access the property from
Eagle Road, and that ACHD has analyzed the project and concluded
that the transportation system will be adequate to accommodate
additional traffic generated by the proposed development; that the
hours of operation would be generally from 7:00 a.m. to 6:00 p.m.,
but that there may be emergency work required when it would stay
open to 11:00 p.m. but not beyond that time; that Applicant had a
sound level study done which demonstrated that the sound level
compares with other known uses and that the sound level would be
lower than what it is now at Meridian Ford and the Cherry Lane
shopping; that in regards to environmental hazards the Application
stated that the use will not create undue environmental hazards,
that there would be no underground storage tanks, no paint or body
FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOWELL PAGE - 4
0 •
shop, no bulk oil storage, no fuel sales on site.
8. That before the Meridian Planning and Zoning hearing of
October 10, 1995, 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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOWELL PAGE - 5
0
9. That the Applicant, Bill Howell, testified before the
October 10, 1995 Planning and Zoning hearing 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 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, Planning and Zoning hearing
about the Application; the testimony can be summarized as follows:
a. 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.
b. Roy Harada testified that he also is in truck sales
with a different dealership; he points out that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6
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.
C. 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
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.
d. 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'.
e. 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.
f. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW —HOWELL PAGE - 7
barriers to enjoyment of their homes.
g. 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.
h. 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.
i. Nicole Garduno testified at the hearing voicing her
opposition to the proposed annexation and zoning
mainly for the safety issues.
j. 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.
k. Karen Frisch, from Hunts Bluff Subdivision,
testified that her subdivision likewise will be
affected; that she also is opposed to this proposed
annexation.
11. That testimony before the Planning and zoning Commission
of October 10, 1995, 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.
12. That the City Council heard testimony which can be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 8
•
summarized as follows:
1]
a. Steve Woodbury, the Applicant's representative, testified
that this application is for the dealership of new and
used truck and trailers and service; that approximately
85% is telephone sales and 15% sales being walk-in trade,
therefore, traffic is minimal; that on a 12 acre site
there is a building approximately 43,000 square feet for
sales, parts and service facility; that the new trucks
and trailers sales will be located to the north of the
parts and service building on an elevated, above -grade,
landscaped portion of the parcel; that security gates
will be installed extending from the building to the side
lot lines and the applicant anticipates a perimeter
fencing also for added security; that the body and paint
shop will remain in Boise; that this will not be a truck
stop or trucking terminal; that the construction will be
of textured concrete panels; that this will resemble
Meridian City Ford, showing quality of construction, and
insulated for sound; no fuel sales or underground tanks;
that the Applicant is fully aware of all the
environmental regulations, to which he will comply; that
this proposal is a clean and well operated facility;
that the traffic assessment conducted by Bell Walker
indicated this facility would generate approximately 212
vehicle trips per day with 38 of those trips being
trucks, that amount to three (3) trucks per hour; that
95% of the traffic volume will conte from Eagle Road; that
7,000 trips per day will be generated by Overland Road;
that this conclusion was reached by Bell Walker by taking
a look at the business records of Mr. Howell's existing
facility in order to reach their conclusions about the
amount of traffic likely to be generated by this
facility; that a sound level analysis was conducted at
various sites throughout the County; that reading levels
of sound at the site being 49.6 decibels; that 50 to 52
decibels by the time construction is complete; that
buffers and landscaping will also aid in the sound
emitting from the premises; that the Applicant
acknowledges that the first row of homes in the
subdivision that borders an arterial will notice an
impact but as you go further into the subdivision, the
impact is dramatically less; that the hours of operation
will be from 7:00 a.m. to 6:00 p.m. 80% of the time, with
possibly 5% of the time closing at 11:00 p.m.; that this
facility will be served by central water and sewer,
taking water and extending it from the Playground R.V.
Park and extending the sewer from the other side of I-84.
b. That Bill Howell testified, recapping briefly the remarks
of Mr. Woodbury and stating that they have gone to great
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9
lengths to show an accurate picture of the proposal based
on facts, not rumors or conjection, and in making it
compatible.
C. That Robert Green testified and submitted a letter as
part of the record from the Homeowners Association for
Sportsman Pointe that they oppose this application; he
stated that the traffic and safety issues were
unresolved; that the loads these trucks will generate are
just too great for the roads, which are deteriorating
greatly; that the question lies also in what these trucks
will be handling, such as any contaminates and that de
fueling would be probably be necessary in order to
conduct repairs and this would need to meet the
requirements for that and suggested the City needs a
disaster plan in place; and his concern as to the
retention ponds containing hazardous contents.
d. Roy Harada testified, that for 19 years he had been
involved in heavy truck sales and believes the public is
being told what they want to hear with regard to this
application and stating again his concerns with this
application; that not all of the information given by the
Applicant has been truthful; that these trucks will be
handling various loads; that the validity of the sound
level test is questionable and that he is also concerned
with what this will do to the resale value of his
property.
e. Mike Forgy, President of the Homeowner's Association in
Hunts Bluff, testified that the public is not getting an
accurate picture; that this project be denied; that
children and school buses will also be travelling the
same roads and their safety needs to be considered; that
there is prime property available elsewhere and if 15% of
the sales is walk-in, why is this such a large facility?
f. John Sheets testified that Overland Road is too tight
with the traffic it has currently; that he too is
concerned for the children's safety going and coming from
school buses.
g. Kevin Merritt testified as representative of Meridian
Greens Homeowner's Association with approximately 225
homes represented; that he questioned the validity of
tests which were conducted and who certified these tests;
that it takes trucks several hundred yards to get up to
speed and be an impedance to traffic; that possible
substances carried could be hazardous; that existing
traffic must use Overland; that extra traffic is a
hazard; that lighting will be a problem as bright lights
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10
0
will be needed to display; that this project is not
conducive to the area around it.
h. Ted Hanson brought testimony regarding the tiling of the
Cook Lateral and if this project went forth that the
tiling of that lateral in front of their property be in
by the 10th of April, 1996, as it is imperative he gets
delivery of his irrigation water further down the line;
that he questioned where the drainage would be off this
property.
i. Jay Reeves testified that he sees this as providing an
increase to the City's tax base; that he does see that
most of the traffic will draw down Eagle Road to get to
this development; that the people who attend and some who
have testified have had a negative approach to this
application; that he is neither for or against this
project since he is not 100% familiar with everything,
but that it shouldn't just be thrown out whole handily.
j. Mervin Lindley, President of the Locust View Heights
Water Users Association testified and submitted a letter
to the Council stating that they are concerned with the
open ditch that goes through the property adjoining the
east boundary of the golf driving range, that is between
Overland Road and Interstate 84; that this ditch gets its
water through Hunter and Cook Laterals and supplies water
to approximately 103 acres of properties north of
Interstate 84; that the residents wonder if they will
retain easy access to this ditch or whether it will be
relocated, tubed, or both, and also concerned with the
drainage water coming from this property and how it will
be taken care of.
k. Lynn Thomas testified that he opposes this application;
that this kind of development is not appropriate or
compatible to the area; that safety is a concern with an
elementary school going in just south of the Sundance
Subdivision; that the application use was industrial and
now things are different for convenience, like the hours
of operation; that he is not comfortable with this
proposal and feels Meridian Yellow Freight needs a good
neighbor.
1. Mr. Brad Miller, an employee of Ronald W. Van Auker,
Inc., who is currently the landlord of Mr. Howell; that
Mr. Howell is an outstanding person and businessman who
runs a clean operation and that there has never been one
complaint made from adjoining property owners, ACRD, or
the City regarding his business; that the City of
Meridian would be lucky to have him operating his
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 11
business in the City of Meridian.
M. Mr. Green testified that he isn't against growth but that
they need to stick with what's at issue.
n. Mike Clark testified as he is the owner of The
Playground; that with the miniature golf and proposed
park site coming in there will be a lot of youth in the
area and that this is not compatible usage; that the
drainage would have to come across his property and as it
is now the drainage doesn't work going out to the freeway
because the ditch apparently on the north side of the,
property can never be cleaned out, consequently creating
a back up of water there now, and that these are things
that need to be addressed.
o. Lou Lous, a resident of Meridian Greens, testified that
those opposing this development are people who live,
work, and shop in Meridian and that their wishes and
desires must be taken in consideration in being against
this business proposal.
p. Jim Berquin testified that Overland is not a safe
arterial; that just one more truck on that road is
dangerous to all the residents along Overland; that this
is not an acceptable project for the City of Meridian.
q. Ron Thomas, a resident living on Overland Road east of
the proposed site, testified that a school is proposed
directly to the south and that traffic is bumper to
bumper now and this will only make it worse; that school
buses, bikes, and trucks mixing will be bad; that he is
concerned due with traffic, about the kids, buses, and
trucks; that residents can't get into the traffic flow
now as it is.
r. Norma Vise testified that she too opposes this proposed
development and raised the question of any plans of
widening Overland Road.
Councilman Walt Morrow answered that all section line
road within the City of Meridian and the impact areas,
all section line roads are dedicated to a 90 foot right
of way, the build out is to 5 lanes; that there is a
projected overpass in the area for South Locust Grove
Road to go over the freeway; that the design work for the
rebuild of Overland Road has essentially been done and a
portion of it is budgeted in the five year transportation
capital improvements plan with Ada County Highway
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 12
0 •
S. Becky Bowcutt, representing Gary Voight of Sundance
Developing testified that Sundance is in opposition of
this project; that this area is residential; that this
projected development is industrial use, not commercial;
that 4 acres have been set aside for an elementary school
site; that this violates the Meridian Comprehensive Plan
5. 6, 5. 8, 5.9 (integrity and identity of neighborhood and
compatible use); that Overland Road cannot handle the
major impact of traffic; that if approved, Sundance will
have to evaluate building any homes which would back up
to this facility and which, quiet honestly would never
sell.
t. Neta Heitner, testified that the mothers and grandmothers
of Sportsman Point or Meadow Greens don't want to have to
worry for their children's safety from the streets of
these mentioned residential subdivisions.
u. David Roylance, a civil engineer representing the
Applicant, testified that this property is subject to
ACHD impact fees, so this project would help fund the
reconstruction of Overland Road; that he tried to reach
Gary Voight of Sundance Development to say that he would
work with him to soften some of the impacts, but no
contact to date has been made; that higher berms, bigger
setbacks, directional signs, all these can be worked with
to soften the impacts; that a misstatement made by
somebody from his staff was made; that the project
intends to extend the sewer and water; that water
laterals will be tiled; that the statements referring as
to industrial vs. commercial is semantics; that it is not
a truck terminal, but a sales office; that changes are
not slippery and he thought they would be endorsed and
changes made to be compatible, not slippery or evasive.
V. Ed and Sheila Cunningham submitted written testimony
voicing their opposition to this project for a number of
reasons, which include noise level, hours of operation,
and impact on traffic flow through the area; that the
negative effect this will have on property value in the
area adjacent to this proposed project.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13
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
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14
IF]
•
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
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 11500
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 (51) 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15
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
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 it is not known at this time if the property will 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 also unknown at this time and the City Engineer did not
submit comments prior to the Planning and Zoning hearing 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOWELL PAGE - 16
•
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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements.
2. Under TRANSPORTATION, Page 43
Existing Conditions
Overland Road, East of Linder, is listed as a Minor
arterial.
3. Under COMMUNITY DESIGN
Entryway Corridors, Page 72
Entryway corridors are arterial roadways
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOWELL PAGE - 1S
11
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
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 and sales lots are an allowed
conditional use in that zone.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19
0 •
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:
"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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 20
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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21
0 0
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;
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOWELL PAGE - 22
•
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;
5. 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23
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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - NOWELL PAGE - 24
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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
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 City 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 City Council understands the
objections and sympathizes with them on an individual basis and
understands the Comprehensive Plan's direction for development of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 25
•
the area; that the duty of the City, however, is not to be
specifically controlled by the interests of individual property
owners and their concerns; that the Comprehensive Plan is just
that, a plan and not a controlling ordinance; but, that it is also
concluded that the Meridian Comprehensive Plan should be given the
utmost consideration; that there was case law cited in the Planning
and Zoning Commission's Conclusions of law that the comprehensive
plan is not controlling, but the case law only stated the
comprehensive plan is not controlling; it did not state that the
Comprehensive Plan should not be considered. Bone v. City of
Lewiston, 107 Idaho 844, 693 P.2d 1046 (1984), stated a land use
map is not the comprehensive plan, but also stated it is one of the
12 components referred to in Section 67-6508, which go into the
making of a plan.
K. That the duty of the City is to assess the applications
on the basis of the overall good of the City and its citizens; that
it is with this duty and background that the City has undertaken to
make these Findings and Conclusions.
L. That the Applicant has stated in its Supplemental
Information and in its presentation to the City at the public
hearing, that its proposed use of the property will be a commercial
use; that the type and location of the commercial use proposed by
the Applicant is in compliance with the Comprehensive Plan, since
the Plan states that the area is a Planned Use Development Area.
M. That if the property was annexed and zoned, as a
condition of annexation and the zoning of C -G, the Applicant would
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 26
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. K. 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 27
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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
adoption of the ordinance annexing and zoning the property, or
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.
O. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian and an
annexation and zoning ordinance should be enacted.
P. That regarding the conditional use permit applied for, it
is concluded, that since the City has concluded that the annexation
and zoning is in the best interests of the City, that the
conditional use permit should also be granted.
Q. That the City of Meridian has authority to grant
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 28
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
R. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho. Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho;
S. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the Planning and Zoning
Commission shall review applications for Conditional Use Permits;
that upon a review of those requirements and a review of the facts
presented and the conditions of the area, the Planning and Zoning
Commission concludes as follows:
a. The use, would in fact, constitute a conditional use and
a conditional use permit is required by ordinance.
b. The use is in accordance with the Comprehensive Plan but
the Zoning Ordinance requires a conditional use permit to
allow the use; that the use should be harmonious with the
Comprehensive Plan and the Zoning Ordinance and the
surrounding area, including the residential area, if the
conditions required herein are met and maintained.
C. If the use meets the requirements herein, the use
apparently would be designed and constructed, to be harmonious
in appearance with the intended character of the general
vicinity.
d. If the use meets the requirements stated herein the
proposed use the use would not necessarily be disturbing to
existing or future neighboring uses; that the proposed use
should be continuously reviewed.
e. The property does not have existing sewer and water
service available and Applicant shall be required to will be
required to fund development of both the water and the Sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 29
f. If the requirements stated herein are met the proposed
use should not create excessive additional requirements at
public cost for public facilities and services and the use
would not be detrimental to the economic welfare of the
community.
g. If the requirements stated herein are met the use should
not involve a use, activity, process, material, equipment or
conditions of operation that would be detrimental to person,
property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
h. That there shall be sufficient vehicular approaches to
the property so as not to create an interference with traffic
on surrounding public streets.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
T.
That the
requirements of the
Meridian
City Engineer's
office,
Meridian
Fire Department,
Central
District Health
Department, and the Nampa & Meridian Irrigation District, shall be
met and addressed in a development agreement.
U. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property would
be subject to de -annexation.
V. That the Applicant shall 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 shall be
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement.
W. That the Applicant shall meet the requirements of the Ada
County Highway District.
X. That these conditions shall run with the land and bind
the applicant and his assigns.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 30
IN
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN YERRINGTON VOTED
COUNCILMAN CORRIE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
DECISION
The City Council of the City of Meridian hereby approves that
the property set forth in the application be annexed -and zoned and
that the conditional use permit be granted under the conditions
stated in the above Findings of Fact and Conclusions of law.
MOTION: V
APPROVED: DISAPPROVED:
3-/
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 31
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Meridian City Council
December 19, 1995
Page 35
(Discussion Inaudible)
Morrow: Mr. President, I would move that we approve the preliminary plat for the Valley
Center Market Place subject to staff conditions, ACHD conditions, and also subject to the
addition of a owners association with landscaping areas being separate lots owned and
maintained by the owners association, also subject to the private road being owned and
maintained by the owners association. With the authorization that the 35 foot landscaping
on the freeway be allowed to be a 20 foot landscaping area along the freeway.
Yerrington: Second
Tolsma: It has been moved by Walt, second by Max to grant the request for preliminary
plat for Valley Center Market Place subject to staff conditions, ACHD conditions, that the
landscaping and the private road be through a homeowners or business owners
agreement and that the 35 foot landscaping on the north side next to the freeway be
limited to a 20 foot strip.
Morrow. I think you said a businessman's agreement, I prefer business owners or owners
association.
Tolsma: Business owners or owners association to take care of the landscaping and the
private road, all those in favor? Opposed?
MOTION CARRIED: All Yea
Yerrington: Mr. President, I move for a five minute break.
Corrie: Second
FIVE MINUTE BREAK
ITEM #17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 28.49
ACRES TO C -G BY BILL HOWELL:
Tolsma: Is there a representative here?
Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney.
Bradbury: As you know this is an application for annexation for a zone designation of C -G,
General Commercial designation with a conditional use permit for a truck dealership
facility. I would like to introduce the people who are here who may have some questions
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Meridian City Council
December 19, 1995
Page 36
of the applicant Bill Howell is here in the room, he is standing up here, he would like to
speak with you after I finish my presentation. Also the project engineer Dave Roylance is
here on my right. The traffic engineer, the gentleman that prepared our traffic analysis Mr.
Dan Thompson is here behind me, he just raised his hand. The gentleman who performed
and prepared the sound study or the noise level study Jim Howell is here on my left. Each
of these gentlemen are available to answer any questions that you might have. What we
wanted to do so that we could make it easy.for you folks to see what it is that is being
proposed and for all the people in the audience I suspect that is why most of these people
are here, we put some slides together that we are going to put up on the screen. Jim is
going to run the slide projector for me because he doesn't think I know how and he is
probably right. Never let a lawyer touch anything mechanical, that is one of the things I
have learned. So with that let's hit the lights and get off and running. I bet they don't let
you touch anything mechanical at your office do they Wayne?
Crookston: You hit the nail right on the head.
(Slide Presentation)
Bradbury: This first slide is just an introduction slide it tells you we are here for the
annexation request, it is actually not a zone change, well zone change from a County zone
into a City zone and the Conditional Use Permit. Transport Truck and Trailer is, I guess
what I would like to do is give you a little background regarding the existing business and
the existing facility. What it is and it is important that you understand just exactly what kind
of facility we are talking about. It is a dealership for the sale of new and used trucks and
trailers. It also includes a service, a repair and service facility as well as the sale of parts
and supplies. Picture this facility as being analogous to an automobile dealership and you
get the idea. It is like an automobile dealership where they will sell new and used cars,
they will fix cars and they will sell parts. Same basic idea only in this case we are talking
about trucks as opposed to automobiles. The existing facility is located in Boise near
Gowen Road and it is on a piece of leased land. It has been in business for nine years and
in 1995 they project a total business volume of about $20 million. Mr. Howell wants to
relocate his facility out here to Meridian on a larger piece of property where he can meet
the needs of his growing and expanding business. Currently they have 42 full time
employees with the projection that within 5 years they will be up to 60 employees. They
are running a payroll of about $1 million now with the expectation that if they reach 60
employees in 5 years they will be up to about $1 million and a half dollars in payroll. I tell
you that so you understand the type of facility that we are talking about and the potential
economic impact that it could have on the City of Meridian in bringing some jobs to the City
as opposed to having them remain in Boise. One of the things that you also ought to be
interested in is that one of the differences between a truck dealership that we are talking
about here and an automobile dealership is that of all the sales volume 85% is generated
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Meridian City Council
December 19, 1995
Page 37
by telephone or telemarketing system that they have. Only 15% of the sales volume comes
from walk in trade. They service an area that encompasses the 11 western states and as
you might imagine most people aren't going to be driving into Boise or Meridian to kick
tires. What they are going to be doing more than anything else is making their purchase
arrangements primarily by telephone. The reason I tell you about that is so that you get
an idea of when I begin to tell you about the traffic that is likely to be generated at this site.
Why it appears to be relatively minimal or at least minimal from what you would otherwise
expect. We will talk about that a little bit more later. We have a series of slides that we
are going to show you, three different topics. Talk about the site, the building and then
Mat the display area might look like. We will go through each one of those one at a time,
go ahead Jim. This is a quick vicinity map which gives you an idea of where the project
is located. The proposal that you have before you tonight contemplates a project on 12
acre site on Overland Road, Interstate 84 is to the north of it, the northerly boundary,
Overland Road is the Southerly boundary. It is located, I would estimate about 1/4 mile
east of Locust Grove Road. That would put it somewhere around I don't know 3/4 of a mile
thereabouts from Eagle Road and the Eagle Road interchange. That would be of course
on the eastern side. To the west of course is the Meridian interchange further down.
What you see here is the site plan for the facility. As I indicated we are talking about a 12
acre site on that site would be a 43,000 square foot building which would house the sales
facility, the parts facility and the service facility. That picture is oriented north and south.
To the south, the blue portion that is the building. The furthest south is the sales area and
then the furthest to the north is the service area with parts in between. All the way up to
the north you can see an area where there is a line of, probably from your view it just looks
like black dots, what that is, that is the display area of new tractors, new trucks. That would
be located along 1-84 behind a 35 foot landscaped area and in front of another landscaped
area. Those trucks are up above grade a few feet so we have a sloped landscaped area
going between the display area and 1-84 and then a slope back down toward the south
toward the rest of the facility. It also shows and maybe I should say this first, the
landscape plan or the landscaping that is shown there is conceptual only. One of the
things that we make sure you understand is we would like to work with staff to be certain
that we get a landscape plan and an arrangement that is satisfactory to the City. We will
be showing, what we are conceptualizing and we are of course more than willing to work
with staff and try to get something that everybody can be happy with. It also shows a 35
foot landscape area on Overland Road and the southerly portion of the property and that
would be bermed as required by the City. We are also showing a ten foot side yard
planters where there would be shrubbery and trees, all of that to be determined with staff.
You can't see it very well but coming out from the building extending to the side lot lines
there on the sidelines are the security gates, we anticipate that we would have perimeter
fencing also for security. The scale is a little bit difficult to picture and let me see if I can
help you. From the southerly boundary line of the property north to the building is
approximately 140 feet. That gives you an idea that it is setback a fair distance from
Meridian City Council
December 19, 1995
Page 38
Overland Road. Now the difference between what you are seeing tonight and what the
Planning and Zoning Commission saw some time, I guess it was last month or so, is first
of all the facility has been down scaled from its 20 acres proposal to a 12 acre proposal.
So we have taken 8 acres out of the project. Second, there is no body shop and paint
shop as was being proposed at Planning and Zoning Commission. That facility will stay
at the existing site, at his existing site in Boise. Also one of the main differences is that
there is no leasing facility being proposed. That has been eliminated altogether. There
aren't any present plans to put a leasing facility on this site or on any other, no present
plans. What I would like to make it as clear as I can to you is that this facility it is not a
truck stop like the Burns Brothers truck stops you see, there aren't going to be trucks
coming day in and day out for fuel. It is not a trucking terminal operation where trucks are
coming in and out to be loaded and unloaded and for shipping and receiving. It is a
dealership like an automobile dealership. I will also talk a little bit more about the building.
These are some build elevations that have been prepared by the applicants architectural
firm. You see two elevations, one is looking north from Overland Road and that is the top
elevation you can see there is a fair amount of glass in the sales area. The other one
would be looking west, I guess that would be if you were standing over toward the R.V.
Park and looking, no I am going the wrong way, that would be on the opposite side looking
toward the R.V. Park at the facility. The construction is going to be textured concrete
panels and of course glass for the display areas with service bays that will have doors
overhead doors that open and close to allow the vehicles to come in and out. I will
probably say it a little bit later but I will say it now because it is on my mind. All of the
servicing of vehicles and trailers will be handled inside the building. It is not a matter of
having a great deal of activity outside. The sales are handled inside the building primarily
outside is simply areas to display vehicles and to store vehicles that are waiting to be
repaired or have been repaired. This type of a building it is a little hard to see it from these
kinds of drawings but I have been told that the will resemble buildings that you might see
in a high tech park and for a little something closer to home, we think it is going to be
similar in quality to the Meridian Ford facility that was recently approved and is just down
the street from this one. Here is another view, you can get a little better of an idea from a
perspective view. You see a canopy that is going to be out towards Overland Road, that
is the sales portion of the facility. As you can see, you see a great deal of glass and some
nice interest in the building, it is not just a flat with a flat shell without any relief. This is a
photograph of a building that was designed by the same architectural firm which exists in
Seattle. This happens to be a diesel repair facility and is similar in what you can expect
to see on this site except for a couple of things. One this facility doesn't have a sales or
display area so you are not seeing that canopy and as much of the glass out front as you
would see on the building that we are proposing. But, what we were hoping this slide
would give you an idea of the type of quality of construction that we are anticipating for this
project. Here is another angle, a little bit closer view of that building to give you a better
idea of what it is we are hoping to accomplish here. This shot is an interior shot of the
Meridian City Council
December 19, 1995
Page 39
service area in that building in Seattle. The facility that is being proposed by Mr. Howell
would use this same design and this same sort of facility for his service area. As you can
see it is clean, and well lit. It would be of course insulated for sound and there would be
air handling facilities as required in order to maintain the air quality_inside the building.
One of the things that I understand was spoken to at the Planning and Zoning Commission
and this might be a good time for me to talk about it is the potential for environmental
hazards as a result of this facility. First of all .you have to understand we are not talking
about fuel sales, there are no fuel sales on this site. So there is not going to be any
underground storage tanks for any of those types of chemicals. There is not going to be
any bulk oil storage on this site and as proposed there is no paint work taking place on this
site. The applicant is fully aware of all the environmental regulations to which he is
obligated to comply. The EPA regulations, OSHA regulations, Department of
Transportation regulations. I guess the reason I suggest we talk about it when you look
at this because you get some sort of an idea that we are not talking about a facility where
people are going to be walking around ankle deep in sludge and slime. It is a clean and
well operated facility as being proposed. The next group of slides are going to show some
of the vehicles. This is a photograph of some of the vehicles which are on display at the
existing site in Boise. The reason that we are showing these to you is so that you get an
idea of what it is, the types of vehicles which are going to be displayed along 1-84 and
would be displayed and sold at the facility. We are talking, we are not talking junkers, we
are talking very expensive shiny new vehicles. I don't know (End of Tape) we have a
couple more slides that show generally the types of vehicles that would be on display. I
want to make it clear to you that we are in fact talking about new and used vehicles. The
ones you are seeing here happen to be new vehicles which are on display. This is
essentially the type of displays that you would be seeing. Of course what we are talking
about is having them landscaped or presented around a landscape treatment as well. You
can also see here that this site in Boise has a security fence and we would expect you to
see the same thing here in Meridian if it were to be approved. Mr. Howell, after the
Planning and Zoning Commission meeting, commissioned a traffic assessment to be done
actually Bell Walker Engineers was hired to perform that it is called a trip generation and
traffic distribution analysis. The report I believe is in the packet that was delivered to you
folks earlier. What Bell Walker did is they took a look at the business records, the actual
business records from Mr. Howell's existing facility in order to reach their conclusions
about the amount of traffic that was likely to be generated by this facility. The conclusion
that Bell Walker reached and Mr. Thompson is here to speak about it if you have questions
of him. This facility would generate about 212 vehicle trips per day. Only 38 of those trips
would be trucks. If we took that in hours, I am talking about hours of operation, if you are
looking about a 12 hour day, 12 hour operating day, you are talking about 3 trucks per
hour or maybe one truck every 20 minutes. Of course that assumes that they are evenly
spread and we all know that is not exactly the case. But I think you get the point, it is not
generating a great deal of truck traffic on a daily basis. It is not generating a great deal of
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Meridian City Council
December 19, 1995
Page 40
traffic at all on a daily basis. To put this into perspective 212 trips is less than a 20 lot
residential subdivision according to what Ada Planning Association and the Ada County
Highway District projection of residential subdivisions. the 212 trips includes sales visits,
service visits, parts purchases, and employees coming and going each day. And also
anticipates the growth in the sales volume the analysis assumes that there would be this
growth that we are talking about or proposing. The analysis also included body shop work,
well that has been eliminated, it is being left back at the other site and so actually it is
overstated, the 212 trips is overstated, the applicant tells my by probably 15 or 20%. So
the number is actually going to be a little lower than that. Now the, our traffic consultants
also made a determination or attempted to analyze where these trips are going to be
accessing the site or how they are gong to get there. Based upon their analysis and more
detail of it is in the report, cutting to the chase they are figuring 95% of the trips would be
accessing this site from the Eagle Road interchange. You can get into that a little more if
you would like. Ada County Highway District of course also looked at this project and you
have their report in your file. Ada County- Highway District took a dash at it and figured it
was going, they estimated the facility would create less than a 1000 trips per day, less than
a 1000 and this reports bears that out I think. Ada County Highway District also said in
their report that in July of 1995 they had a traffic count on Overland Road and Overland
Road was running about 7000 trips per day so if you take the 200 that we are estimating,
212 that we are estimating per day trips and factor that into the 7000 that exist on
Overland Road this facility is going to generate less than 3% of the traffic on Overland
Road. That is only 3 out of every 100 vehicles. The Highway District has by the way
reviewed and approved the down scaled version at their tech review committee and Dave
Roylance can talk to you about that a little bit if you want. They have imposed some
requirements one of those that a center tum lane be constructed on the site and of course
the applicant is willing to do in order to have a place for trucks to come and go in and out
of the facility. The Ada County Highway District said this about the project, they said, "the
transportation system will be adequate to accommodate additional traffic generated by the
proposed development." So it sounds like the Ada County Highway District is determined
and is comfortable with the transportation infrastructure is in place for this type of a use.
Also, since the Planning and Zoning Commission meeting the applicant had a sound level
analysis done to give an idea of what types of sound pollution or noise pollution might be
generated as a result of this facility. There were apparently people who were concerned
about the noise that might be generated. It was an in house study performed by Jim Howell
who is here now running the slide machine. What he did is take a sound meter and
recorded the level of sound in decibels at 15 second intervals for 20 minutes at various
sites throughout the County. He gave us 80 readings at each site. The numbers that you
will see on the display in front of you are average sound levels over that time period. So
you take all of the readings and average the number and you get the numbers that you are
seeing in front of you. Now, so that you understand what we are doing here this is the
same methodology that was used by the EPA, Environmental Protection Agency in the
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Meridian City Council
December 19, 1995
Page 41
study that was done for the City of Boise. Alright, the first level up there is the current site
by that we mean the existing facility over in Boise and it came out with a decibel reading
of I guess about 52 decibels and that reading was taken on the premises. The next one
down is the Peter Built site that is a similar facility also in Boise, relatively near to the
existing site. That facility does essentially all the same things that the existing facilities
and the proposed facility would do except that it has a body and paint shop which wouldn't
have here in Meridian. That the average decibel reading of the sound level there was
about 51 decibels. To still give you an idea of comparisons, go down to the bottom one
where it says Cherry Plaza, that was a reading that was taken out there at the Cherry Lane
Plaza commercial site here in Meridian. There the average decibel reading in that 20
minute period was in excess of 60. The point of that is that you get more noise in a retail
facility than you do in this commercial facility which is being proposed for this site. Another
reading that is perhaps interesting is the Overland and Bonefish that is just right down
there where the Meridian Ford facility is. The reading there was what 57 Jim, 57. And the
middle two, the Eagle Road and Island Woods Club House and that is helpful for you to
understand a couple of things. One if you take a reading on a heavily traffic street as it
shows it is really high. But if you move into a residential subdivision a little distance and
in this case went into the club house and I am assuming that you are familiar with the
Island Woods Subdivision it has the club house under the clock tower inside. You can see
that the decibel reading drops significantly when you get into the interior or the subdivision
even though that subdivision may border a heavily traffic street. I guess you might also
be interested to know that on the proposed site, the sound level isnot on the graph here
but the sound level test was done just the other day and that one came in at 49.6 decibels,
that is what you get ambient noise right now with nothing else there. So you are talking
49.6 on the site with nothing there and probably 50 to 52 once the facility is in place. It
seems like a fairly modest increase. Okay, so what do you learn from all of that, well one
you learn that the sound level is more of a function of traffic volume than land use. Streets
are what cause noise not the land use. The sound level for this facility is less than what
you would expect from a retail shopping center shown at Cherry Plaza. Another
conclusions is that sound level for this use is comparable to another use like it. So we are
not talking about this one being unusually noisy or for that matter unusually quiet. It is
similar to another similar use. Another conclusion that you draw from this data is the
sound levels on the interior subdivisions drop substantially from that which is the arterial
or high volume traffic street which borders that subdivision. Yes, there is an impact on the
first row of houses in the subdivision that borders an arterial. That impact exists and will
exist whether this facility is approved or not. But when you get inside the subdivision the
impact is dramatically less. Another conclusion that you can draw from some of the data
that we have presented is that the sounds that are produced at this site are going to be
mitigated by the landscaping treatment that we are talking about 35 feet on Overland
Road. The distance from the adjacent uses, the residential uses and the proposed
residential uses across Overland that I am talking about we are talking about 240 feet from
Meridian City Council
December 19, 1995
Page 42
the building to the first row of houses, 90 feet of road right of way and 55 feet of
landscaping in between, I say 55 feet because we have 35 feet from this facility and 20
feet of landscaping strip of a facility that is proposed, or for the subdivision that is
proposed across the street. And then of course you have the distance back to the
building. So what we would like to suggest to you and think that a logical conclusion that
you can draw is that this facility would not be incompatible with neighboring uses as a
result of any noise that might be produced because one the traffic to be generated is
minimal, we are talking only 3%, and the on site noise, the noise that might be produced
from the site itself is relatively modest, as a matter of fact it is about the same or just
slightly greater than what is found inside the Island Woods subdivision club house. And
then of course there is some buffering. I am back to the vicinity map and the reason I am
showing this to you again is I want to give you an idea of what all else is out there. The
recently approved starting with the far left hand side of westerly the Meridian Ford facility
that was recently approved and then you have next to that you have Arnold Machinery
facility which is existing and of course you might say it is a similar use at least it is a heavy
equipment type of a facility. You have Western States equipment, again, a facility that
operates heavy equipment that might be coming and going. You have got the Inland
Coca-Cola which is out there in the facility, that Stor-Mor Systems project that is out there.
So as you can see this is not a facility which is being suggested be dropped smack dab
in the middle of nowhere with no other commercial type uses around it. We acknowledge
of course that there are residential subdivisions in the southerly side of Overland Road
and there is a proposed residential subdivision which I understand is called Sundance
which has got a preliminary plat approval which is directly south of this facility. But I think
you also need to recognize the distances that I was talking about from that proposed
facility we are talking about 250 feet away. And there is the Overland Road arterial which
is in between the two. Your comprehensive plan recognizes and states that arterials are
intended to serve as boundaries between neighborhoods and as buffers from what might
otherwise be incompatible uses. The proposed subdivision, the Sundance subdivision was
of course approved after the comprehensive plan was enacted and after this site was
designated as a commercial site or a proposed commercial site. The facility will be served
by central water and central sewer. Water is in Overland Road it is back at the Playground
R.V. Park, back away so it would have to be extended to the site. The sewer is on the
other side of Interstate 84. The proposal would be to extend that sewer line in conjunction
hopefully with other developers in the area. The Sundance Subdivision expects to be
served with sewer through that same line. Dave Roylance can talk a little bit more about
that. You might also be interested to know the hours or operation, the facility is proposed
to be open at 7 a.m. and closed at 6 p.m. generally speaking. The applicant expects that
80% of the time and that is based upon his existing facility 80% of the time the facility is
closed by 6. Occasionally in order to accommodate emergency repair services the facility
may have to be open until 11, that probably is about 5% of the time. The balance the other
15% is somewhere between those two hours probably by 8 o'clock in the evening. So we
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Meridian City Council
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are not talking contrary to what was understood and believed in the past we are not talking
about a 24 hour facility. We are talking about a facility which is closed 80% of the time by
6 o'clock in the evening. Based upon the information that we have been able to develop
we believe that the facility complies with the comprehensive plan. The comprehensive plan
seeks to encourage commercial enterprises to locate in Meridian, I don't want to spend a
lot of time with this, you probably know what you comprehensive plan says better than I
do. The proposal would bring up 60 jobs in Meridian with a payroll of $1 and a half million
dollars and you can anticipate that you would see a significant positive effect to the
property tax base as a result of the facility. The site is designated on your comprehensive
plan map as a mixed use area where commercial uses are anticipated. It is designated
according to your comprehensive plan as a priority development area. It is supposed to
attract businesses which are in the words of the plan attractive and compatible with high
volume traffic corridors. We have to face facts, there are two high volume traffic corridors
which are on either side of the site. I think that the pictures that we have shown you show
that this is in fact an attractive facility and it is certainly compatible with the high traffic
volume that you find on Interstate 84 and Overland Road. But by the same token it itself
generates a relatively moderate amount of traffic. We also believe that the facility
complies with the provisions of the zoning ordinance. As I read the zoning ordinance it
qualifies as a commercial use as defined in the ordinance because we are talking about
sales and services as opposed to an industrial use which is the topic of discussion at
Planning and Zoning. The ordinance defines and industrial uses as manufacturing and
processing and testing. We are not manufacturing or processing or testing we are selling
and servicing. I think it best fits a commercial use as defined. The C -G zone is designed
for commercial uses to be conducted in the building and this one is. It is designed for
those that are automobile and service oriented which this is. And it is to fill the needs of
travel related services and of course this one undoubtedly fits that criteria as well. Sales
lots as defined in the ordinance are permitted in a C -G zone under a conditional use permit
process and of course we have applied for that. As a matter of fact the Meridian Ford
dealership was approved as a conditional use in a C -G zone and we believe this is a use
which is analogous. Finally, there are, because there is a conditional use application there
are a number of criteria which the facility must meet in order to comply with the
requirements for a conditional use permit. First that it is in accordance with the
comprehensive plan and zoning ordinance, I have just spoken to that. Another is that it be
harmonious with existing or the existing and intended character of the area. I have
demonstrated to you that there are other similar uses along Overland Road and that the
impacts to the adjacent residential uses are far less significant than might have been
originally imagined. That is the traffic generation is minimal, the noise generation is
minimal, the visual impact is minimal, it would be landscaped professionally and buffered,
we are talking about a nice looking facility. Another criteria is that it not be hazardous,
disturbing, or detrimental to neighboring uses. Basically the same information applies in
the terms of the generation of the traffic and the minimal noise and the hours of operation.
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Meridian City Council
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It appears to us that the facility meets all of the applicable criteria of the zone and we ask
for your approval. That is all for the slides. We have seen the staff reports that have
been prepared by Shari Stiles and by Bruce Freckleton I think did the Engineer's report
and of course we are perfectly willing to work with all of those and comply with all of the
conditions that they set out. I understand also that there were some letters which were
submitted recently by individuals who were in favor of the project, I think that the City Clerk
has those. I would simply ask that those be included as part of the record. That concludes
my presentation, I am certainly willing to answer any questions that you might have of me.
I f you intend to ask any hard questions let me point out one of these others guys to
respond to those. With that. then I think Mr. Howell, Bill Howell would like to address you
very briefly. Thank you very much.
Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney.
Howell: I just, Mr. President and Councilmen, I will do this very briefly because this tends
to drag on a little bit. I wanted to just re -cap very quickly, I think Steve made most of the
points and addressed the issues that you weren't privy to in person that were brought up
at the P & Z meeting and some issues that obviously we take very seriously and went to
great lengths to examine and bring facts back to this meeting so that the correct perception
of this project could be had rather than one based more on rumors or conjunction. I think
that has been done very well and obviously we have the expert people here in various
areas in a position to answer as well as I would like to avail myself obviously to the
questioning and further address those issues. But really leave everyone here with all the
knowledge that we can impart and the fact that we really are striving to and have left this
project malleable so that is does fit the location that we are pursuing and we can become
a good commercial neighbor for the City of Meridian. That is really all I have, I am happy
to answer any questions for you folks that you want to direct to me. Thank you.
Tolsma: Anybody else wish to offer testimony?
Robert Green, 1261 East Peacock Street, was sworn by the City Attorney.
Green: I hold a license with the American Society of Mechanical Engineers and the
National Board of (inaudible). I am retired from MK after about 20 years of construction.
As far as a homeowners association for Sportsman Point we have submitted a little letter
here that we oppose the annexation and development of the aforementioned property
(inaudible) as follows. The proposed use is industrial and not compatible nor harmonious
with adjacent properties. The use shall noise, odors, visual pollution greater levels
normally associated with residential activities. Such a development is not appropriate in
keeping with the present planned use of the adjoining and local property. Traffic and
safety issues are yet to be resolved. In conclusion a majority of the homeowners in
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Meridian City Council
December 19, 1995
Page 45
Sportsman Pointe Subdivision oppose the annexation and conditional use permit as
requested by the applicant Bill Howell. I would like to submit this and then continue one
with the few things that I have. Since you are talking about the annexation and things and
remembering that just because what we did before doesn't necessarily mean that it is right.
The tractors, the caterpillar place and like t hat if you look at the loads that they generate
and you look at the condition of the roads on Overland in that area they are deeply
deteriorated. So I would suggest that if the project would continue that loading and
everything of the roads would conform with the requirements of the American (inaudible)
and the entire road be rebuilt between those two places. There was a mention here that
there was no fueling facilities. I am assuming in that case there that fueling of the vehicles
and de fueling for during repair will not be done. If so, de -fueling of those tanks and things
like that will require facilities to conform to the requirements of the American Society of
Mechanical Engineers as adopted by the Idaho State. You were also talking about loads,
I don't know if there are going to be loaded trucks in here or not. If there are loaded trucks
in here with specific or unknown loads then I would request a disaster plan be made
because we don't know exactly what is going to happen and this is going to be located
right in a residential area which you gentlemen have already recently approved and
everything like that. The traffic load (inaudible) about the sound level I don't know when
it was taken but it doesn't seem to be very noisy about midnight. So, it is pretty noisy
about noon or six o'clock when everybody is coming home but it is not noisy then. So I
question the sound readings. Like I say, EPA, environmental impact statement, conformity
to the (inaudible) roads the American Concrete Institute. I believe at the present time for
your comprehensive plan approved December 21, 1993 it doesn't meet that requirement
because I believe the gentleman was talking here defined commercial and defined
residential as some of the things going on. Some of the things he mentioned is exactly
what is industrial. I could be wrong but that is what it seemed like to me. And the last
thing in conclusion, since you already mentioned about a complaint to the Playground
place the golf course or whatever you want to call the thing, the lighting is bothering the
people across the highway, so if we do that we better make sure all the lights are off in that
area too. That is all 1 have to say, thank you very much.
Tolsma: Anyone else wish to offer testimony?
Roy Harada, 871 E. St. Martin Drive, was sworn by the City Attorney.
Harada: I have kind a unique way of showing you how this operation actually works. I
have been involved in heavy truck sales for 19 years myself. And to compare an
automobile dealership to a heavy duty truck dealership is like comparing the mess a
poodle left in your yard to a Saint Bernard. They are not alike in anyway, shape or form.
The operations are totally different in application and servicing. They bring up the point
of traffic and I really question how they came up with the statistics on it. Saying 172
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L-1
vehicles in and out. Gentlemen if you just take, there are 63 employees going in and out
of that place and going to lunch that is more than the 172 trips they are speaking of. They
have service and parts people going there in and out. They have sales people, they have
customers going in and out. Parts and trucks, caterpillars, Cummins, every other shop.
They 38 truck trips in and out, that is 19 vehicles, they have 17 bays. I would say that if
they only have 19 vehicles being serviced they will be broke before the end of the year.
I don't think that they are giving you the information that is truthful. 1 think they are trying
to tell you what you would like to hear. They bring up the point of being open from 7 a.m.
to 6 p.m. what I would like to know is what happens after you approve it and they change
the hours. What protections do we have that later on they don't go to 24 hours. Every
major super freight liner dealership in the United States that I know of is open until at least
12 o'clock most of them are open 24 hours a day. I would ask the City Council to take a
look at Mr. Howell's contracts to see what freight liner expects out of him as far as hours
of service. One of the duties of the dealership is service major accounts, US Express, and
other accounts that work 24 hours a day. The traffic is not only in and out traffic but the
noise level caused by the jake breaks going up and down the hill over there by Sportsman
Point, Hunts Bluff. Those people will be bothered day and night if this dealership is allowed
and later on to be opened 24 hours a day or until midnight. On the point of the sound level
test I would question the validity of the test and how it was done. That being Mr. Howell's
relative or some other Howell going out with some type of meter and checking sounds at
whatever times he feels like it is not a very scientific method of checking noise levels. I
think I pointed out that the traffic test is an absolute farce, there is no way that the traffic
will be that low as a result of this truck dealership. My concerns are because I live in that
area and I am very concerned about the resale value of my property. They bring up the
point of the economic impact they are going to have by coming in here, but gentlemen I
would venture to guess that if this is not approved because of the development of St.
Alphonsus and other developments around that area that will have other types of more
compatible industries coming to that area that in the long term will bring in more people at
higher income levels to live in those areas plus also the value of that property tax accrued
from that property will be higher versus what that will bring and how it will affect the
lowering of resale value of properties that are already existing there. I think from a safety
standpoint is as that gentleman pointed out as to the hazardous chemicals those trucks
are hauling and hydrous ammonia, gasoline, you name it, pull a CDL book out and take
a look at the different types of materials those trucks will be hauling up and down that road.
There will be triple tankers, triple trucks. What happens if a teenage kid pulls out of one
of those subdivisions and his mistake there is no way those trucks can stop. As far as the
traffic flow that they pointed out, the natural flow of traffic from this dealership because of
the plant being in Portland will affect both of those intersections not just one of them.
Common sense says that those people will pull off on the Portland side exit, i.e. the
Meridian exit and then go out on Eagle. When those trucks pull out it takes them a full 1/2
mile to 3/4 of a mile to get up to speed. If you think you have traffic problems on that road
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now with the other developments that are going in you don't have a clue what is going to
happen if a truck dealership goes in. They show you pictures of a Detroit Allison franchise
go out and see where that thing is built in Seattle, it is in an industrial park area it is not
in a residential area. You gentleman got in your car and looked at their operation out
there, they showed you a pretty picture of trucks lined up against the fence, take a
snapshot of the back side of that facility that is what you are going to have if you allow
them to build that. That is ail I have got to say.
Michael Forgy, 1720 S. Goldsmith, was sworn by the City Attorney.
Forgy: I want to state that I am representing the Hunts Bluff Homeowners Association as
their President. What I have seen tonight is probably one of the best smoke and mirrors
marketing schemes that I have seen in a long time. First of all I take offense as a
homeowner in Meridian to think that my representatives you Council members could be
swayed to allow such a project by the flaunting of $1.5 million a year. This City will grow
it will be prosperous. As the gentleman before me stated the property owners will
contribute at least that much money over the years to come. I think this whole presentation
missed the point in my mind. Let's assume as all of these statistics have created us or
made us to assume that this facility is open from 7 a.m. to 6 p.m. that is the prime time, I
have two children waiting for school buses on Overland Road. Those are the prime hours
that schools buses travel Overland Road. There is an assumption that 95% of the traffic
is going to go by Eagle, it is an assumption. Let's say that it turns out to be 70% and 30%
of the them access by Meridian. We are talking 1 truck every 20 minutes, what is it at that
point in time. What is the likelihood that Meridian will be faced with a traffic school bus,
tractor/trailer accident. I think there is prime property available in many different places in
Meridian that this facility could be located. Steve indicated that only 15% of this sales
volume is by walk in. My question is then why do you need a larger facility. If it is not walk
in and it is all done by phone and you can warehouse it why move. They are asking for
a variance in a proposed plan. Once the variance would be granted the ability to again
do more of what they wanted to mould be more easily accomplished. It would not take the
amount of hearing that this has taken. I ask you tonight as responsible representatives of
our community looking out for the welfare of our citizens and particularly our children to
deny this request for variance.
Toisma: Does anyone else wish to offer testimony on this request?
John Sheets, 1099 E. Borzoi, was sworn by the City Attorney.
Sheets: I have listened to all of the data that he has presented and number 1 1 work with
statistics all day long myself so I can understand how you can slant numbers to say
anything you feel like saying. So good job in presenting some numbers that don't tell the
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truth to me whatsoever as a homeowner in Meridian. If you look at tractorttrailers and you
look at the size of that road on Overland, if you have ever had to walk down that road,
drive a bicycle down that road two cars and one pedestrian is a real snug fit to start with.
Anywhere between Meridian, Locust Grove, anywhere on up that hill where you can't see
what is coming the traffic in there already to me is tight. You can't get out in the morning
at times. You go out in the mornings when there is fog on the road, the Coca-Cola truck
pulling out already to me are a menace. 1 have almost gotten hit there twice just this past
year. I don't believe that any of these people who have generated this data live in that
subdivision they also don't know what the sound coming off that road into a second story
house one block away from there is like. They don't live there they don't know what they
are talking about. That is what I want to talk about is kids who play on that road, near that
road, wait for school buses on that road. We have two kids that go to school they have to
wait out there for buses, one of them is a new driver, I don't want to think his chances are
to be against a truck that didn't see him pulling out in time. I have seen what happens to
18 wheelers versus cars, it is not a pretty site. That is all I want to leave in your minds, I
don't think these people are responsible, I don't think they presented the facts and I don't
think if you act on their facts that you will be keeping your minds open at all. That is all
I want to say thank you.
Tolsma: Anyone else wish to offer testimony on this?
Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney.
Merritt: Gentlemen, I come to you tonight as a representative for Meridian Greens
Homeowners Association where I represent over 225 homes and we are growing
everyday. For the record we would like to state that we oppose this subject application
and for the following reasons. We have heard a lot of interesting testimony tonight I think
we need to change the name to possibly Disneyland truck sales I think my kids would
probably enjoy going there it sounds like such a pretty place. First of all I would like to
question the validity of the tests that we saw from all of their experts. First of all were these
experts approved by whom, did Ada County approve any of these tests, did the City of
Meridian. So what validity certifies these tests or certifies anybody to do these tests.
Secondly, one of the largest concerns to this going in is obviously the traffic problems.
That is a major concern, one truck rambling down the road is obviously one truck
compared to one car it is not consistent as a truck trying to gain up speed to 45 mile an
hour speed limits which is posted on Overland Road right now it would take that truck
several 100 yards to get up to speed and be an impedance to traffic. Next, concerns about
the environmental issues. There was not much detail went into their presentation
concerning the service work that they are going to be doing about the trucks coming in
from all over the contrary to be serviced or worked on. These trucks could be hauling
hazardous materials and you are bringing them into a residential area. Although Overland
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is designed as a major traffic corridor as I heard it described here tonight the fact that thin
veil of Overland being acceptable for safety from an industrial site versus a residential site
just the width of the road that is not enough. Next, all the existing developments in the area
must use Overland Road for a means of egress and access. Additional traffic signs would
be necessary or perhaps not desirable by the mandatory users. The increased noise level
and visual and air pollution brought by this increased highway type truck traffic on
Overland road will be a major annoyance and a problem for all residents of this area. Also,
the type of tall standard lighting which would be required for this type of facility is not going
to be compatible with the planned R-4 or L -O mixed planned zoning south on Overland
Road. We have heard testimony tonight that described the problem with the lighting at the
golf course. Obviously they are going to want to display their trucks in a manner in the
evening so I assume if they do honor their agreement to close the facility at 6 o'clock they
are still going to be turning on lights to display their wares. Next, we do have great
concerns on their honesty as to whether this facility is going to be operated in the time
frame that they have described. I question that greatly just on the fact from what we saw
during the Planning & Zoning hearings to what we are seeing tonight. We are seeing such
a dramatic change and I am wondering if they aren't getting a foot in the door to expand
operations at a later date. There is no industrial use present or planned that is compatible
with the applicant's purpose of this area. They used the Caterpillar, Coca-Cola facilities
as examples. These businesses are compatible, and have a standing history of being
compatible. There is no argument there. Allowing this business to become established
sets a tone for the surrounding areas the surrounding properties in this area. If this is
allowed to go in you have set the tone, you have set the complexion for what that area will
support. As a resident in that area I am here to tell you that this is not what the residents
of that area want. We don't want it, it is not compatible. I hope that their presentation as
polished as it was and described as smoke and mirrors that you come to agree with me.
Most of the points listed above will definitely incur an increase in tax dollars for the
residents of Meridian. It could also lower the property values of the homes in the areas
and thereby decreasing the tax dollars coming into the City of Meridian. In essence this
request by Bill Howell is not conducive to the surrounding area and therefore from the
standpoint of President of the Meridian Greens Homeowners Association we recommend
that the City Council decline this application.
Ted Hanson, 1882 Bently Avenue, was sworn by the City Attorney.
Hanson: I just had a couple of quick items there for the Council members and President.
Presuming that the project did go through and with the Nampa Meridian Irrigation District
Cook Lateral in front of the properties I would like to have in the notes or whatever that if
it went forth that the tiling of that lateral in front of their property be in by the 1 Oth of next
April that is imperative that we get delivery further down the line. We receive water which
at one time would have been through the middle of this. They have reduced the size of the
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0
project leaving repair and paint facilities back in Boise. We have a ditch that goes from
Overland Road to the freeway and north. We have 103 acres that we are irrigating over
there which you have as I am a member of the Locust View Heights water users
association. One other quick thing was and it wasn't spelled out in their presentation was
in that amount of acreage where is the drainage water going to go off of that property? Is
it going to soak into the ground, you have quite a bit of surface that will be covered in the
front end of that property. I think that is one point that we need to cover down the line.
(End of Tape)
Jay Reeves, 1053 E. St. Lucia Drive, was sworn by the City Attorney.
Reeves: I have seen this proposal before and I have looked at it a little bit and it has been
described here as a smoke and mirrors. It is pretty easy to go out in a situation like this
and get people riled up. I think there are key people that can go out and are very
successful at getting people riled up and bringing them here. I probably don't share a
popular view point in my subdivision, I also live in Meridian Greens Subdivision. I don't,
I am not familiar with the traffic studies and everything, all the noise level stuff in there, but
I do know, I do believe a lot of the traffic will draw down Eagle Road to get to this
development. I look at the concerns of the incompatibility with the existing businesses or
existing developments in the area, the subdivisions and the businesses. I don't see it
being a whole lot different than the other businesses that are also along the front of the
freeway there right now. I as well as everybody else gets the honor of tomorrow having
their property tax bills due. Places like Western States, Arnold Equipment and Meridian
Ford those other businesses have not damaged my property values attested to the fact
that my property values went up, my taxes went up 17.5% this year. One of the things that
Ada County residents have asked for a number of times in the past is property tax relief
and I think what Meridian has to do is look at diverse businesses, look at a number of ways
to broaden the tax base and not burden on all of the residential people in the property tax
area. I think that businesses have to be scrutinized and they have to be compatible with
Meridian's growth plan, but also too I think that what the Council has to do is look at the
fact that often times meetings like this I believe get attended by people that have very
negative view points. And that is the majority of the opinion you are going to hear. Now
my feeling is that again I am not 100% familiar with everything in the proposal but I think
that it shouldn't just be thrown out whole handily by a bunch of, if it is smoke and mirrors
on one side and it gets to be scare tactics on the other. That is kind of my opinion. Thank
you.
Mervin Lindley, 1790 Cadillac Drive, was sworn by the City Attorney.
Lindley: I live in the subdivision that is immediately north of the freeway which is I guess
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immediately north of this proposed development. My prime concern on the thing is the
irrigation ditch that supplies the water to our subdivision. Also, drainage from the property
and there most likely will be the use of herbicides to keep the weeds under control, what
happens to those herbicides? Most of my concerns if not all of them have been taken care
of by others thank you.
Lynn Thomas, 1320 E. Peacock, was sworn by the City Attorney.
Thomas: I am not, I oppose this request. And I guess I am most baffled and maybe to
clarify for the gentleman back there regarding smoke and glass and mirrors I am having
trouble with which Bill Howell is talking to us. In the minutes from the meeting before P &
Z it wasn't as if we dreamed this smoke up, it says here that the applicants annexation and
zoning application stated that the present use of the land is agricultural and that the
proposed use is industrial unless the City has typed that up wrong. A couple of weeks ago
we had in that same testimony where he stated that they were going to go forward with the
project in phase one whether or not City sewer was provided or not and they would like to
request Bill to use Central District Health I mean use a septic system. Tonight now we are
going to bring City sewer and tonight we are not industrial use we are commercial general.
That is also adjacent, it stated in there it is adjacent to industrial uses and I am not aware
of anything within a 1/4 mile of it that is industrial. Then when Mr. Howell here decided to
clarify a few issues he stated that the fleet maintenance shop is primarily a full service
facility and that the phase 2 plan within the 20 acres will be a body and paint shop. I know
tonight he eliminated that, two weeks ago I presume he was under oath felt that was
actually what he was going forward and two weeks from now who knows what he will want
to go forward to presuming that tonight he is telling the truth. That evening they also said
that they figured 75 to 100 vehicles would be coming in there trucks, full size, anticipated
daily trips of full size road tractors and trailers would be up to 53 foot long and 75 to 100
per day. We have some clarification from him regarding the smoke. Also two weeks ago
it was going to be operating hours were going to be from 7 a.m. to 12 p.m. that has been
changed. My guess regarding that I would hope that if in fact they have decided what they
really want to do with the entire project that they decide and keep with that plan a little
longer than 4 weeks and rearranging it as convenience allowed. Secondly, the approval
will in fact I believe change the complexion of what I believe seems to be intended in that
next mile section. There seems to be a lot of with the Playground that is going to become
or my understanding is entertainment, recreation that sort of use. You have the power mall
that is on one side and that sort of retail should hopefully continue as the comprehensive
plan suggests commercial general use. I would expect that sort of use to continue and
congregate that sort of direction rather than industrial. I am also intrigued if in fact he is
going to be in control of the 20 acres if he thinks industrial is next to him right now when
it is a driving range I am really curious as to what he thinks will be a compatible neighbor
for himself within his own 20 acres. I do not believe that such development should be
Meridian City Council
December 19, 1995
Page 52
encouraged or deemed appropriate in that area as described in the Meridian City Planning
and Zoning Commission did not find it compatible. Let's not forget that in the mile section
south of this in the Sundance subdivision, we are not talking about school buses for the
residents of Sportsman Pointe or Meridian or along Overland, we all are looking forward
to the elementary school going in that mile section just south of it. So we are not having
just school buses along Overland travelling and picking up kids, in our subdivisions you
are going to have the school buses traveling that arterial delivering kids frankly directly
south of this development. I believe you have been told what is palatable this evening 1
don't recall him being sworn in this evening and I would, what his intentions are are very
difficult for this resident to understand where he' was two weeks ago and where he is
tonight and where they are going to be 3 years from tonight when I am still a resident here.
Therefore I cannot feel comfortable with this proposal as indicated. I would love them to
come to Meridian yellow freight needs a good neighbor, I think they are compatible.
Brad Miller, 3084 E. Lanark, was sworn by the City Attorney.
Miller: I am here on another matter, it wasn't my intention to speak on this, but it turns out
that I work for Ronald W. Van Auker Inc. and we are the landlord of Bill Howell currently.
I am here all this smoke and mirrors and character assassination and frankly I am offended
by that because Bill Howell is an outstanding person and an outstanding businessman who
runs a clean operation. We have had him there for a number of years and never had a
complaint from adjoining property owners, from ACHD, from the City, from anyone. Within
the past 60 days I had an extremely extensive environmental survey done on the property
financing requirements that I have. It came out and keep in mind that Bill has the paint
and body shop there, it came out without any problems. All agencies were contacted, all
agencies records were reviewed, there have not been any complaints regarding Bill Howell
or his operation or the existing facility and what he is doing there. I would like to give you
my word that Bill is a good man and he runs a clean operation. The City of Meridian would
be lucky to have him in the City of Meridian operating his business. Thank you.
Tolsma: Anyone else?
Green: I am not too certain about this who is good and who is bad and all of that. I am
sure as heck not anti -growth (inaudible). The gentleman here I don't question him or Mr.
Howell I am wondering I guess (inaudible) residential or (inaudible) I don't know if it is
industrial or not if it is the same thing maybe it is worthwhile to consider it. But if it is
apples and we have oranges here maybe we ought to stop talking about grapefruit.
Thanks.
Michael Clark, 4098 N. Julian Way, Boise, was sworn by the City Attorney.
Meridian City Council
December 19, 1995
Page 53
Clark: Nothing against any of the parties here but having the property directly west of this
proposed development or proposed use with a driving range and proposed park we are
going to have a lot of youth. When you build the miniature golf that is going to be put in
there I don't feel like this is a compatible usage. 1 am quite concerned about that. With
the type of vehicular traffic that might be there or whatever might be I am not sure. The
drainage problem has been brought up as well and that drainage would have to come
across my property and as it now the drainage doesn't work going out the freeway because
the ditch apparently on the north side of the property can never be cleaned out for some
reason. There is always a back up of water there now. These are some concerns that I
think need to be addressed. Thank you.
Tolsma: Does anyone else wish to offer testimony on this?
Lou Lous, 582 E. Kingsford Drive, was sworn by the City Attorney.
Lous: Just again speaking as a resident of Meridian Greens thinking about the people that
are here today and the people that have been represented by the homeowners association
presidents etc. The people that have been represented and that have spoken opposing
this and I am one of them are the people that are shopping in Meridian that are supporting
the City of Meridian, their children attend the schools of Meridian. They are the people that
make Meridian such a great City. Simply it is my wish and desire that the Council that
represents Meridian and the people that reside in Meridian would look at the wishes of
these people and take their concerns into consideration against one person who wants to
open up a business in the City. Thank you.
Jim Burquin, 1834 S. Goldsmith, was sworn by the City Attorney.
Burquin: Right now Overland Road is not a safe arterial. It is the worst excuse of an
arterial that I have ever heard. To put even one more truck on that road is dangerous to
all the residents along that road. I come out of there and 1 see children that are almost hit
on a daily basis. I ride my bicycle along that road, it is like taking your life in your hands,
it is fools work to be on that road. It is barely manageable with one car and a bicycle in
a lane. When you put a truck in there I have been in the ditch enough to not ride that road
very often. So, I generally put my bike in my truck and drive out of Meridian and then ride
my bike. That is not acceptable as a resident that is not acceptable. This is not an
acceptable project. Thank you.
Tolsma: Anyone else wish to offer testimony on this?
Ron Thomas, 2600 East Overland Road, was sworn by the City Attorney.
Meridian City Council
December 19, 1995
Page 54
Thomas: I live on Overland Road just east of this proposed project, about 100 feet from
this proposed project. You talk about Overland Road being busy I have hard time going
out and even getting my mail standing out there. I don't know, I am sure you people realize
you have a school proposed directly south of this. I don't know how long it is going to take,
you have school buses pulling and turning off of Overland Road and going down south to
this school. I don't know how long it is going to take all of these trucks to pull onto
Overland but they can't pull on fast enough. It is going to be bumper to bumper in the
mornings it is damn near bumper to bumper cars out there as it is in the morning. And how
they are going to get buses and trucks at that particular time in the morning is beyond me
let alone having school buses and kids walking to and from school that you have
designated ground out there for school I assume you are going to put one out there. That
is another thing that scares me, the school kids, the buses and size and amount of these
trucks that are going to be pulling on and off of there. Thank you.
Tolsma: Anyone else wish to offer testimony on this?
Norma Vise, 1741 South Blacksmith, was sworn by the City Attorney.
Vise: I just wanted to go on record that I am opposed to this, but I also have a question.
Are there any plans of expanding or widening Overland Road and improving the road?
Morrow. Mr. President, I will answer that, the issue with all section line road within the City
of Meridian and our impact areas, all section line roads are dedicated to a 90 foot right of
way, the build out is to 5 lanes. You should be aware that there is a projected overpass
in that area for South Locust Grove Road to go over the freeway. That the design work for
the rebuild of Overland Road has essentially been done and a portion of it is budgeted in
the five year transportation capital improvements plan with Ada County Highway District.
And so essentially these plans started some 7 years ago. So that is where we are. Very
candidly the first one that came to completion was the extension of Cherry Lane from
Linder to Black Cat. That is a prototype of what all section line roads will look like.
Vise: Thank you.
Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Bowcutt: Good evening, I am here on behalf of one of my clients Gary Voigt. He owns the
property just south of this project on Overland Road. Our two entrances are directly across
from this. The staff report that I saw from ACHD a few months ago indicated they wanted
them to align their approach with ours. My client wanted me to come this evening and do
something that I have never done before and that is speak in opposition to a particular
project. Basically his reasons are that this area is predominantly residential. He
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understands that there is mixed use overlay in the comp plan on the north side of
Overland. However, this particular use is very intensive and feels that it is an industrial
use and not commercial use that could be compatible and complementary to the existing
residential development in that area. We have a 290 lot single family residential
subdivision with in excess of 8000 square foot lots that will be across the street from this.
There is also 4 acres if you recall that was set aside for an elementary school lies at our
south boundary. The collector street that we will constructing will lead to that elementary
site. The other adjoining parcels are going to participate and create this elementary site.
He feels that this use will definitely damage this project that this Council has already
previously approved. The affect would be extremely detrimental. I would like to mention
that in your comprehensive plan under the mixed use policies of Overland and 1-84 there
are certain statements which are applicable goals when evaluating annexation or rezone
and development of this area. Under 5.6 it states development of a variety of compatible
land uses should be provided in specific plans and proposals for future development. The
key word there is compatible. Secondly in 5.8 it says development in these areas should
be based on functional plans and proposals in order to ensure that the proposed use
conforms to the comprehensive plan policies and our compatible with surrounding
neighborhoods. 5.9 states the integrity and identity of any adjoining residential
neighborhoods should be preserved through the use of buffering techniques etc. The key
here is integrity and identity of neighborhoods and compatibility. My client doesn't feel that
this project is compatible. From a planning perspective this is a very intensive use. I have
been in planning for many years now and projects that were this intense were typically
found in an industrial zone. When I was with Ada County this type of truck transit terminal
or anything categorized as a contractors yard was not allowed in the commercial zones
they were only allowed in industrial zones. We feel that this is not an appropriate use. The
public facilities that are out in that area, one Overland Road is not in condition to basically
handle this type of traffic. We feel it would be detrimental and one issue that I would like
you to consider is the availability of those or the condition of those public services. This
will have a major impact on this area. If it is approved I think we will have to go back and
re-evaluate that Sundance and I sure wouldn't want one of those homes backing up to this
facility and we do have homes that I have I think there is a 20 foot buffer to Overland Road
proposed on the original approved preliminary plat. Those lots would never sell. I just
can't picture them being marketable. Thank you.
Neta Heitner, 767 E. Kingsford Drive, was sworn by the City Attorney.
Heitner: I don't have any new evidence to present but one gentleman said that the only
people who show up are the negative people are those few people who oppose things. I
think I represent the mothers and the grandmothers who aren't' here tonight because they
were depending on your good sense to turn this down without them being here. There is
now way that us mothers and grandmothers raising children that we want to have to worry
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Meridian City Council
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Page 56
about keeping the physically contact of our child to know he is safe. I don't think my
grandchildren would be safe from the streets in Sportsman Point or in Meridian Greens if
we have to worry about these trucks. So I plead with you to tum down this proposal. Thank
you.
Tolsma: Anyone else from the public?
Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney.
Roylance: I am a civil engineer representing the applicant. Regarding the reconstruction
of Overland Road, this project as I understand would be subject to ACHD impact fees. So
this project would help fund the reconstruction of Overland Road. As far as the lighting, in
fact I did contact Gary Voigt or attempted to roughly 10 days ago by letter and by fax. The
purpose of my contact just to see if I could mitigate and soften some of the impacts of our
project to his since we assume that he would be most impacted since his project is directly
across the street. It was roughly a two page letter and I said if I could get together with you
or Becky by telephone or fax anyway possible we would be happy to work with you to
soften the impacts as they pertain to your project. That is we will soften the lights, put in
deflectors to where they won't impact the front row of houses for example. We can do
higher berms, bigger setbacks instead of a 35 foot landscape strict consider a 50. We can
set the building back further and we could do directional signs to encourage the traffic to
go east bound toward Eagle Road and so forth. So there was a good faith effort on my
part to try and soften the impacts there and I didn't get as much as a call back. I called two
or three times and faxed and talked to Becky and no call back. But we still stand ready to
mitigate and soften these impacts to the extent we can. Regarding the septic tank and
drain field issue that was brought and brought up at P & Z, let me just make a final
correcting statement here. That was a misstatement made by somebody from my staff who
misunderstood my instructions to her. This is what it is, this project contemplates us
extending the sewer to the site period and the water, no septic tank, no drain field. So we
do envision central sewer and central water. As far as incompatibility I mean that is an
issue you will have to work out on your own we all have our definition of what is
compatible. This might not be an example of good planning but the Dennis Dillion facility
on the freeway 1-84 near Orchard sold these same type of tractors for quite a few years
along with other heavy trucks. Right behind there are apartments, residential areas with
no buffer at all. Maybe again that is not good planning but there it is. We here do have
Overland Road which is designated as a buffer in your comprehensive plan. That road
right of way as stated is 90 feet, we have at least a 35 foot landscape buffer they have 20,
the building is setback 100 to 150 feet so we have 250 to 300 feet of buffer here, Dennis
Dillion facility has nothing they have a neighborhood backing right up to it. Regarding the
Cook Lateral and any other lateral that crosses our facility. We do intend to tile that in
accordance with the requirement of Nampa Meridian Irrigation District. If approved we
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Meridian City Council
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intend to have it done by April 10th. Regard the drainage, all the drainage will be retained
on site in a retention pond. A few years back we could use French drains and those types
of things, those are no longer acceptable. So this would be retained on site in a retention
pond it would not flow into adjoining properties. As far as the commercial versus the
industrial I really think that is semantics. Again, I think you will have to come to that
conclusion is this thing commercial or is it industrial. But what I would offer is Western
States is commercial we are, if Arnold is we are, if Inland Coke is commercial we are. We
are just like them. If Meridian Ford is we offer that we are. So again I think that is just a
matter of semantics. Becky stated that we are a truck terminal, we are not a truck terminal,
again we are a sales facility. To me a terminal implies selling of fuel and a truck stop and
that is not us. Clearly that kind of an operation would be commercial, she is right, that
would not be allowed in Ada County. But that is not what we are proposing. Regarding the
change of our project from 20 to 12 and changing of the hours of operation and changing
or removing the body shop and the paint shop I would just like to say that really isn't being
slippery or evasive. When we came to Planning and Zoning we really thought this project
would be endorsed for the most part. We thought it was compatible with the area. We
thought it would be endorsed and we didn't know what if any the opposition would be.
When we found out what it was that was an attempt again to be compatible to soften the
impact and to mitigate some of these concerns. It was not intended to misrepresent or be
deceptive. We came in and found out that there were some concerns and so we all got
together with the developer and tried to soften those impacts. So again it is not an attempt
to change. It is an attempt to soften some of the concerns that we heard at the hearing.
I think that is all that I have, could I answer any questions relative to the engineering or
anything that I have presented here?
Tolsma: Any questions of the Council? Anyone else from the public wish to offer testimony
on this?
Green: (Inaudible) the civil engineer just mentioned that he is going to have a retention
pond. When I was working out at INEL because of the retention ponds out there which
contained contaminated effluent but still this is a contaminated effluent too, it required an
environmental impact statement. Therefore you must have it.
Tolsma: Anyone else from the public?
Harada: I just want to make one comment, I am glad the engineer brought up the point
of Dennis Dillion, I worked there for 15 years in the heavy truck department. When the
truck dealership was allowed to be there, one of the critical things that the City of Boise
required was the only access road we used was Orchard. They felt it was too dangerous
for us to use any of those side roads where any residential was at. The only traffic flow
out of there was onto Overland by the dealership. Their point being at City Council there
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Meridian City Council
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was we don't want your trucks anywhere in the residential areas for fear of the children or
other vehicles and safety. So I am glad he brought that point up.
Tolsma: Anyone else from the public?
Bradbury: I would like to take a few minutes to respond to some of what has been said.
I guess I have a couple of general comments that I would like to address. The first has to
do with and Dave Roylance mentioned it and covered it quite well but I think it bears
repeating. The applicant is put in a real tough spot, when he comes to the City of Meridian
with a proposal that he wants to have built and he gets to a public hearing and he
encounters opposition that either legitimately should or maybe shouldn't have known that
it was coming but in any event he encounters opposition. So as a consequence the
applicant goes back, people are worried about traffic, let's do some traffic studies and find
out just what the facts are. People are worried about noise, let's go do some noise studies
and find out what the facts are. People are worried about the overall impacts, how can we
adjust this project so that it minimizes those impacts and addresses the concerns that are
raised, the legitimate concerns that are raised by the members in the community. He does
that and then he is criticized for it. That to me just seems unfair and in appropriate. I don't
think that it is, that this Council should be swayed by what is nothing more than undo
criticism of a good faith attempt to try and present a project which would be acceptable.
A number of people addressed and questioned the validity I think were the words used of
the studies that have been presented. You guys know and I know that Bell Walker
Engineers is a well known and well respected traffic engineering firm in this area. I don't
think that Bell Walker Engineers is in the business of presenting to you folks bogus reports
because you folks are going to see those guys again. They will be back to give reports on
other projects. These people, Mr. Thompson here is not going to write a report that you
guys can't believe in because the next time he is here you will never believe him. I guess
I am a little bit stunned by the fact that these people feel bold enough without any
background and without any facts to back up their assertions to just flat claim that these
reports are bad. What are the facts? The noise level study, they also attacked that, Jim
Howell sitting right here. If you have any doubt about the methodology or about the validity
of the test or how he did, by all means ask him. We brought all the back up data, we are
more than pleased to supply it to you. Mr. Thompson is here you can talk to him about his
report, I am sure he would be pleased to stand, and he might even like to stand up and
defend himself. The other thing that strikes me about this is what we have attempted to do
tonight and again have been criticized for is presenting to you folks factual information
upon which you can base your decision. We have done our best to present to you the
facts as we could develop them so that you folks would be in a position if you chose to
approve the project and would have facts to back that decision up. What you have heard
in response and it is not untypical are emotional replies without any facts. People say
simply draw the conclusion that it is incompatible and don't tell you facts. They draw the
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Meridian City Council
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conclusions that the roads are unsafe without any facts. They draw the conclusion that
there is too much traffic on the road without any facts. The reason is the facts don't bear
them out as those facts have been developed by the experts the people who are trained
to deal with these issues. I would suggest to you folks to take a good hard look at the facts
and not be swayed by merely the emotions that have been presented.
Crookston: Hold it down, everybody please be quiet, everybody has a chance to testify.
So get the person testifying free room please. We have to keep this on record in case
there are any appeals. And sometimes our system doesn't pick it up, it picks up a lot of
the background stuff so we, need it quiet. Thank you.
Bradbury: In reference to Mr. Greens question about when the sound level test was taken,
mid-day. It is in the report that you have got in your package. In response to the issue of
how you deal with the hours of operation, how you control the hours of operation, simple
you impose it as a condition of approval. After all there is an application for a conditional
use permit before you. That is how you do it and I think you guys know that. With respect
to the overall safety of the street, Ada County Highway District who is in charge of the
street sin this County says that the transportation system is adequate to accommodate the
traffic that is going to be generated by this use. We attempted to provide you and did
provide you with information about how much traffic that is. It is a 3% change considerably
less than what you might expect if you had some other supposedly less intensive use.
Another commercial use, a retail use will generate a lot more traffic than that and I think
you know that. One of the gentlemen indicated that we were requesting a variance, I didn't
understand what he was talking about. Let me tell you there is no variance requested
contained in this application. Ms. Bowcutt testified to a number of things and indicated
issues about the intensity of the use and I guess I just have to reiterate what Mr. Roylance
said. They don't know the facts, we tried to talk to her client and he refused. They don't
know the facts, they don't even know what the project is. Mr. Voigt didn't talk to us, Mr.
Voigt didn't appear tonight to hear about it. I don't want to take up all of your night
because it is already late and I guess I would just like to close by saying that we have tried
hard to present to you a complete analysis of the impact of the project and a complete
analysis of the zoning ordinance and the comprehensive plan and how it complies. I know
there is a lot of talk about industrial use or commercial use. It is simple, the solution to that
question is simple just look at the ordinance, just read it. It says what a commercial use is
and an industrial use. I am satisfied to let you make that call because I think you will make
the same one that I have made. I would be happy to answer any questions. Thank you
very much.
Tolsma: Anyone else from the public wish to testify on this?
Thomas: If they took the traffic study and the sound study at the same time in the middle
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of the afternoon, they ought to get out there when there is some traffic, when there is some
noise. I live there, I live 300 feet off of Overland and I can hear that Overland now standing
on my front door it is so loud you have times in the morning from probably 6:30 until 8:00
when there are school buses and Coca-Cola and a few of the other just general traffic
trucks are running down there. I don't know what they were thinking about when they were
doing the traffic study or sound study in the middle of the day. Maybe a complaint a little
bit about now getting back with another developer. The sewer is going to have go through
I believe, I am under the impression for them to have sewer they going to have to come
through my property and I haven't had anybody talk to me at all about it. The
communication has been, I don't know, there hasn't been any with me. I am within a 100
feet of the project and I am already in the City limits and I have been zoned commercial
and I haven't had any communication from this developer or any of the people from the.
I was left with the impression at the Planning and Zoning meeting left me kind of sour on
the thing to start with and now all of the sudden I find out that they made other
arrangements or had arrangements already made. But the communication, I haven't had
no communication with this project so I don't think that is a very valid comment. But I still
am concerned about the traffic problem with the students and the kids going directly across
the street I don't know how long it is going to take one of these trucks to pull onto
Overland. They are not going to pull like they do with an automobile and I had a terrible
time pulling onto Overland with an automobile let alone with a truck or a semi -trailer or
doubles or triples let alone trying to get on in front of buses. Between the school buses
and the rest of the trucks I don't know what to expect. It will be bumper to bumper at that
time in the morning, at noon you can walk down the middle of Overland. But from 6 to 8
o'clock in the morning you can't hardly set you garbage pail out there they are blowing the
garbage barrels off the side of the road. You can't walk out there on Overland now to get
your mail. You just don't dare get out there, the traffic is so narrow you can't get out there
let alone setting up a bunch of trucks (inaudible) just that much more of the delivery stuff,
everything else. That is all I have to say, thank you.
Tolsma: Anyone else wish to offer testimony on this? Seeing none I will close the public
hearing. Council members, any comments from anybody. (Inaudible)
Crookston: You can but anybody that wants to testify in this other application has the right
to testify.
Morrow: My observation is that there is substantial new testimony based on tonights
testimony that is different than in the findings of fact and conclusions as forwarded by P
& Z. So I would move that we instruct the City Attorney to prepare new findings of fact and
conclusions.
Yerrington: Second
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Tolsma: It has been moved by Walt, second by Max to have the City Attorney prepare new
findings on the public hearing request for annexation and zoning by Bill Howell, all those
in favor? Opposed?
Corrie: Mr. President, since we are running late tonight I hate to take up more time (End
of Tape) I would like for the Council to be aware that as far as my thinking on the findings
of fact that I have listened to tonight and. seen from the Planning and Zoning my
preference would be to deny this annexation based upon quite a few facts that I have
heard tonight. I have no difficulty in that Mr. Howell is a good man. I have told him at
previous meetings that I had with him that I thought this would be better down around the
Yellow Freight Line myself. I don't think it should be in a residential zone. There is some
good points brought up tonight. I am concerned with the unknown loads that come into this
town being with the Fire Department we don't even know what is going down that highway
half the time. What I have been told if we did know we would be very concerned. So, just
for the public's notification since like I say I probably won't get to vote I want to let you
know where I am coming from. I would deny if it was my choice.
Tolsma: Can the findings be prepared by January 16?
Crookston: They certainly can yes, you need to make a decision as to when you want
them. That was not done.
Tolsma: Do you want that part of the motion Walt?
Morrow. I guess the technical question here is if you are going to prepare findings of fact
and conclusions then essentially from the Council if you are going to hear them on the 16th
then 2 of the 4 members on the Council will be new members that have had no input. If
you are going to prepare findings of fact and conclusions that deal with this issue it
appears to me that it needs to be done under old business on January 2. 1 will ask for
advice from the counselor as to how we deal with that in terms of a transition?
Crookston: You analysis is correct, it is the decision of the City Council to decide what date
you want this to come back. By deciding that you will either stay with the same people that
are here right now or they will be moved. That is a decision that the Council must make.
The Councilmen leaving cannot come back on say July 5 come back and render a
decision. Once they are out of office they are gone. If you want this to be heard by this
Council or decided by this Council you best have it set up so it comes to be heard as old
business on January 2.
Morrow. My preference would then be to have it in terms of the date would be to have this
heard on January 2.
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Corrie: Second
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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 1 will close the public hearing on this item. Council members. Utilize
the same findings we will (inaudible).
0
0
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19.1995 `
APPLICANT: BILL HOWELL ITEM NUMBER; l
REQUEST; PUBLIC HEARING: REQUEST FOR ANNEXATIONIZONING OF 28.49 ACRES TO C -G
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:
COMMENTS
MINUTES FROM 10-10-95 P & Z MEETING
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
iwTT1►]"
SEE ATTACHED COMMENTS
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS
SETTLERS IRRIGATION: e I G
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zoning Commission
October 10, 1995
Page 19
table saw, they cut their wood and take it out in the shop and put it together.
Johnson: Wayne, do you have anything?
Crookston: No I don't
Johnson: Thank you, this is a public hearing is there anyone else that would like to
address the Commission on this application? Seeing no one then I will close the public
hearing at this time.
Shearer: I move we have the attorney prepare findings of fact and conclusions of law.
Rountree: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 28.49
ACRES TO C -G BY BILL HOWELL:
Johnson: I will now open the public hearing is the applicant of the representative here,
would you please address the Commission at this time.
Kristina Donner, 3363 Buckboard Way, Boise, was sworn by the City Attorney.
Donner: We are requesting annexation and zoning on a peice of property that is located
on Overland Road between Eagle Road and Locust Grove. I am not sure where the best
place to put this is, so you can all see it. 1 don't know if you all got a copy in your packet
but I know they were pretty large drawings.
Johnson: Well there is an easel but I don't see it.
Donner: That is okay, I will just hold it.
Johnson: You can set it in those chairs there if you want to. Set it up by the projector or
whatever.
Donner: The site is 28.49 acres and the larger portion where we show the site plan now
is 20 acres the remainder is for future and that is the remaining 8.49 acres. There will be
Meridian Planning & Zoning Commission
October 10, 1995
Page 20
a facility to sell and service freight liner trucks on the 20 acre parcel. The future parcel will
be for a body shop and repair center. The square footage of the building on the service
and sales center is approximately 39,825 square feet. The repair would be $31,440
square feet. A couple of items of concern are the sewers which are presently still on the
north side of the freeway. But work is currently underway on a project across the street
from our project on the south side of Overland and if this project is approved we would
work in conjunction with them and share the cost to bring the sewer down to this location.
If the sewer, if it is not possible to get the sewer down within the time frame that they
would like to open this service we have already talked to Central District Health and we
have had a soil scientist determine that we could have a septic system and we would put
in the septic system and utilize that until such time as we could bring the sewers in. Also,
the water would be provided by City of Meridian and we are planning to extend the water
approximately 600 feet to get it to the site. We have read all of the letters and conditions
from everyone at the City. The only comment was that one of Shari Stiles's comments was
about putting 4 to 6 foot berms along the front of Overland and they are a little bit
concerned about the trucks having a site distance problem having this berm there and the
fact that none of the other properties along Overland there were for the industrial use had
berms in them. That was really the only comment that they had regarding the letters from
the City.
Johnson: Thank you, do any of the Commissioners have any questions?
Rountree: Would you explain to me what operations would be in effect at this site. I
assume that it is a car dealership only it is a freight liner dealership is that correct?
Donner: I got more of an impression that it was more a service center for those big trucks.
Rountree: How many service calls, how many truck trips in and out on a daily basis?
Donner: That I don't know but the developer is here and he may be able to enlighten you
on that.
Johnson: We can ask later, we can't have your comments until you are sworn in. Unless
you want to confer with him and then relay it to us. We are working with the one with the
mic right now.
Donner: Which ever way you guys want to do it.
Johnson: We can ask that question later.
Rountree: Have you discussed this with Ada County Highway District?
Meridian Planning & Zoning Commission
October 10, 1995
Page 21
Donner: Yes, there was a meeting with Ada County Highway District and their concerns
were changes of the curb cuts which we have agreed to and also they said that they lanes
striping would have to be revised on the roadway and that is not a problem either.
Rountree: You have a phase 2 fleet maintenance shop, is that fleet in the context of freight
liner fleet or as in a trucking fleet?
Donner: I am not real sure. There is nothing on the site that is proposed they don't have
any concrete plans on that at all.
Hepper: What would the hours of operation be?
Donner: I am not sure.
Hepper: It shows a row of trucks out along the Interstate, I would assume that if those are
placed there that those would be trucks that are for sale, is that correct?
Donner: I am not sure.
Hepper: My next question would be whether those would be new trucks or used trucks.
Donner: Again, I am song I don't know.
Rountree: The plat indicates another approximately 8.5 acres (inaudible) remainder of this
site for future expansion, what might that entail?
Donner: That would be the repair shop area.
Rountree: So there would be a difference between fleet maintenance and repair area?
The 20 acres area shows a space for fleet maintenance shop indicated as phase 2.
Donner: From what I understand that would be a body shop type repair facility.
Johnson: Any other questions?
Rountree: I have a question about this display area adjacent to the Interstate. It is not
indicated but I assume by the lines that is topo lines and that is going to be a raised
platform the length of the lot that would perch the trucks up above whatever elevation
those lines are.
Donner: Yes that is the indication.
0 0
Meridian Planning & Zoning Commission
October 10, 1995
Page 22
Rountree: What is that elevation? You don't know if those are 1, 2 or 5 foot contours,
probably not more than two.
Donner: No, because it is reasonably flat, (inaudible).
Crookston: Where is this property in relation to the driving range?
Donner: Right next door, it is over here on the west.
Crookston: The driving range is west of this piece of property.
Donner: I believe so.
Johnson: I don't know if you have a copy of this plat but that is what it says here but that
is what it says to the west. Thank you, we will probably need to hear from the developer
because it seems like we need some more concrete specific answers on this, those
elevations and some of the uses proposed. I would like to know what fleet maintenance
is, if that is a detail shop or a body shop or what it is because I can see that as quite a bit
of difference between the two.
Donner: Thank you very much.
Johnson: Would the developer like to come forward at this time, we can talk to you after
we get the public's comments or whatever, we will give you both opportunities.
Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney.
Howell: I am happy to fill in any of the gaps here. Unfortunately Kristina wasn't the primary
worker on this project and was called in short notice. So maybe I could help out here.
Johnson: How about just start with a couple of Charlie's questions if we could, do you
know the elevation of the display area long 1-84?
Howell: I believe that is 8 foot elevation from grade.
Johnson: Are we talking a berm similar to what is on some of the other properties to the
west there?
Howell: Precisely
Johnson: And then the other thing is what is fleet maintenance shop as opposed to this
•
Meridian Planning & Zoning Commission
October 10, 1995
Page 23
proposed (inaudible) for repair?
Howell: It is primarily the (inaudible) full service facility and that will primarily be the
service building for the semi trailer as opposed to the power tractor. Essentially the same
usage it just needs to have different dimensions. It will have by the way a body shop and
paint shop.
Johnson: And that will be in the phase 2 indicated here?
Howell: Yes
Johnson: So if you could elaborate a little more on what is planned in the future expansion
in the 8.49 acres.
Howell: The 8.49 acres won't be used by my company, it is simply a, it is probably going
to be marketed and really.
Johnson: At this point you are talking a tenant or a sale?
Howell: We are talking sale of the future site.
Johnson: Any other questions of the developer?
Rountree: The question was raised about the display area whether that would be new or
used vehicles.
Howell: All new.
Rountree: And I asked about traffic in and out, what kind of daily trips do you anticipate
with tractor trailers, what sizes?
Howell: The primary usage of course is full size over the road tractors and trailers. Trailers
ranging up to and including 53 foot. We haven't obviously done a scientific study of the
numbers but I would offer as a round figure, offer possibly 75 to 100 entrances and exits
combined.
Rountree: That is per day?
Howell: Yes
Rountree: What are your operating hours?
Meridian Planning & Zoning Commission
October 10, 1995
Page 24
Howell: 7:00 a.m. currently run to 12 p.m.
Rountree: Would you envision triples in and out of there on occasion?
Howell: Very rarely, we don't service that type of equipment.
Rountree: Mostly single units then, what kind of. trailers do you service, anything from farm
to over the road type?
Howell: Pretty much over the road, all the different configurations.
Rountree: What activities do you have going on at 12:00 at night?
Howell: General maintenance.
Rountree: In your shop areas?
Howell: Right
Johnson: How many employees do you have, or anticipate having?
Howell: Maximum gear of probably 60.
Johnson: If you have 60 you are going to have more than 75 trips a day.
Howell: We are talking about (inaudible)
Johnson: Do you have a leasing operation?
Howell: Not at the moment, it is
Johnson: Do you have full service leases?
Howell: We don't at the moment but foresee that as a great eventuality.
Johnson: Any other questions of the developer at this time? Thank you Mr. Howell. Is
there anyone from the public that would like to address the Commission on this public
hearing?
Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 25
Merritt: Transport Truck and Trailers, Bill Howell request for annexation and rezoning and
conditional use permit. I come tonight as a representative of the Meridian Greens
Subdivision acting as President. The Meridian Greens Homeowners Association which is
225+ homes and more to be added request to go on record as totally opposed to the
subject application for the following reasons. The proposed location for 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. for the following reasons. Overland Road
presently at 2 lanes and in the planned near future 3 lanes is not designed for this type of
use. The traffic intersection at either Eagle Road, Overland Road or Meridian is not
designed or presently planed for this type of based traffic volume and traffic safety issues.
Private cars, school buses, commercial vendors enter and leave the several subdivisions
along Overland Road between Meridian Road and Eagle Road. There are also
considerable traffic from Locust Grove entering Overland. So our main concern obviously
is going to be traffic and safety. Already existing developments around the area must use
Overland for means of egress and access, additional traffic signals would possibly be
necessary. The increased noise level brought about by the increased highway type traffic,
truck traffic on Overland Road would be a major annoyance and problem for the residents
in this area. The type of tall standard lighting which would be required for this type of
facility also is not compatible with the planned R-4 zoning on the south side of Overland
Road. The 24 hour per day service which goes on in this type of building, he talked about
the hours that they would be open really is not compatible with any of the present
businesses that are currently along Overland Road or proposed future use of the property
along Overland Road. Basically the businesses along Overland Road now are fairly
compatible with the residential tone of that area such as Arnold Machinery and Caterpillar.
They are pretty much 8 to 5, five days a week and it blends in with the harmony of the
residential area. When you start introducing high volume, heavy capacity truck traffic of
all hours of the day at that point it really doesn't become compatible we feel. So most of
the points listed above will definitely incur an increase in the tax dollars for the residents
in Meridian, it could also lower the property values of the surrounding homes in the area
thereby decreasing the property tax base for the City of Meridian. And for the above
stated reasons the Meridian Greens Homeowners Association strongly feels that this
application should be denied. Obviously there are places more suitable to this type of
business that is already zoned and maybe more in mind for this type of business. At this
time that is the statement that I would like to make and I would like to leave you gentlemen
a copy of our statement.
Johnson: Any questions of the President of the Homeowners Association. Anyone else
from the public like to address the Commission at this time?
Roy Harada, 871 East St. Martin Drive, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 26
Harada: I have basically just three points, I have kind of a unique standpoint from most
of the people here. I am also in truck sales and I sell (inaudible) with a different dealership.
I think one point that Mr. Howell needs to clarify to you folks is I believe contractually
freightliner requires all dealers to be open 24 hour service. I think that is a critical point.
Number 2 the traffic flow is going to be significantly higher than what he contended at 75
to 100. Our dealership is considerably smaller and our traffic is well over 150 to 200
vehicles a day in and out, miscellaneous types of vehicles. The type of trucks that Mr.
Howell will be having coming in there for example, action express, triples grossing over
100,000 pounds, triple trailers and numerous other types of trucks. I don't have a problem
with the type of business he has but I don't think 'it belongs in our neighborhood. There
are five other dealerships in the Boise Valley none of them gentlemen are located near
residential areas. And for a good reason, they are noisy they are smelly and they are open
for extremely long hours. 1 did not build that house in that subdivision to have to contend
with jake breaks going up and down the hill. One of the unique features is if you look at
the road at Locust Grove to Meridian Road the road slopes down there where most of
those residential areas are sitting at. Most of your truck drivers are not going to shut the
jake breaks off so at all hours night and day those people are going to have to contend
with that noise and it is extremely loud. Those are the points that I have to make. Thank
you.
Johnson: Any questions of Mr. Harada?
Rountree: Yes I have a question, you indicated trips in and out of your business
specifically being?
Harada: Our business is basically the same thing as Mr. Howell's. Mr. Howell's business
is a western store and I am not sure whether he is bringing those trucks out. But the
freight liner trucks go for class 7 trucks which are medium duty trucks to a class 8 trucks
those trucks grossing in excess of 100,000 pounds. Along with the trucks that you have
coming in and out for service you have vehicles coming in from Cumins, Caterpillar, all the
miscellaneous service shops bring parts in. There are federal express trucks coming in
and out with parts. There are, because of freight liner's system they are set up on a
national fleet basis to handle all of their national fleet accounts. So those accounts not only
just the accounts that he handles locally will need to be serviced. So I think that it is pretty
obvious that there is going to be excessive traffic on that road. The other concern, if you
look at the flow of traffic the most common sense way for his mechanics to check to those
trucks out after they are serviced is to use Overland Road. They will turn right onto
Overland and then tum right onto Overland hit the Interstate, turn right again, high Eagle
and come back so that circle is going to have constant traffic, we have lots of little kids in
that subdivision and the other subdivisions nearby. There are no sidewalks on either side
of that highway for the children and it is very difficult for a trucker to see it. I drive the
Meridian Planning & Zoning Commission
October 10, 1995
Page 27
trucks myself and it is very difficult to see a small child on a dirt lane on the side.
Rountree: Back to my question, you indicated you had 150 to 200 vehicles, I assume that
is trucks? Your business is truck sales?
Harada: Truck sales and service.
Rountree: Of a comparable size and nature? Which one is it specifically?
Harada: It is Idaho Great Basin. In comparison to the size of this facility we are probably
a third the size.
Rountree: That answers my question.
Johnson: Thank you, anyone else that would like to come forward at this time?
Becky Bowcutt, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the City
Attorney.
Bowcutt: Good evening, I am here this evening on behalf of my client G. L. Voigt
Construction. They own the property just south of this parcel, across the street on
Overland Road. As you are probably well aware of, a subdivision for single family
residential development was approved last year for approximately 290 lots. It is, it was
annexed and rezoned with an R-4 designation. Basically I have been asked to come this
evening to request that the City of Meridian evaluate the landscaping that this particular
company is proposing along Overland Road to make sure that it is adequate. That we
don't have some type of facility that would not be compatible with the residential across
the street. I think in the past the projects that 1 have had on Overland Road you have
required anywhere from 35 to 20 feet of landscaping, requested berming, submit a
landscaping plan. I had one before you last month, you asked that we come back with a
landscaping plan. I would highly recommend that with this type of project so that someone
could evaluate the berming and the screening. Also, if you recall you requested that we
have 35 foot of landscaping along 1-84 because that is considered an entrance way into
the City. I am not here neither to oppose this or be a proponent just to make sure that
whatever transpires will take into consideration the residential development directly across
the street. Thank you.
Johnson: Thanks Becky, anyone else?
Lou Lois, 582 E. Kingsford Drive, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 28
Lois: I would just like to reaffirm the opposition from the President of Meridian Greens, all
the things that were stated such as safety and noise. I believe that those are strong
concerns. One of the things that I am very concerned about is I cannot believe that this is
an operation that would stop at 12 midnight. I have relatives in the trucking business and
if somebody needs to make a delivery and it is quarter to twelve they are going to do what
they need to do to make sure that mechanic is going to be working overtime to get them
through and on the road again. So I have. reason to believe it would be a 24 hour
operation. In addition to that I believe I heard, please correct me if I am wrong that this will
have a paint shop as well? That brings up an extreme concern of hazardous materials.
All the things associated with a paint shop. The size of the vehicles we are talking about
here would probably be the equivalent of a 727 Boeing jet or maybe a DC 10 and if you
want to know the extreme concerns and hazards associated with paint in airplanes you
can understand why many airports cannot do that type of service and have to leave it for
a facility such as Boeing or McDonald -Douglas to do their painting. So that brings up a
major concern to have that kind of a hazard so close to a residential area. That is it.
Johnson: Thank you, is there anyone else that would like to come forward at this time?
Beth Markland, 1132 E. Mastiff Street, was sworn by the City Attorney.
Markland: At any rate we just want to reiterate there are a lot of us in the neighborhood
that have discussed this, we are not all here tonight. But there seems to be a consensus
and if you want us to get a petition or something together we could probably do that.
There is a lot of opposition in our neighborhood for the same reasons. Specifically one
concern the concern of traffic there are all kinds of buses going in the morning before it is
even light the buses to Lake Hazel, some of the buses to some of the elementary schools,
they leave at like 6:50 in the morning and they are driving out there on Overland and on
Locust Grove. It just seems like a pretty scary prospect to have kids out there in the dark
having to stand up next to these big trucks. Another concern I had and I don't know if we
need to ask the developer or not, but the other gentlemen raised the question of
hazardous materials. Are some of the trailers, some of the trucks that are going to be
served going to be tankers and hauling hazardous materials, gasoline and that type of
thing because then that seems like that would quadruple the risk. The obvious concerns
of noise, traffic, and we like our neighborhood and we would like to keep it primarily
residential. Again we don't care, we want business to boom in Meridian but we would
rather have it be someplace more appropriate.
Johnson: Thank you
Rountree: I have a question? Did you indicate you represented your neighborhood
association?
Meridian Planning & Zoning Commission
October 10, 1995
Page 29
Markland: No
Neda Hagner, East Kingsford Drive, was sworn by the City Attorney.
Hagner: 1 moved to Meridian Greens because of the type of neighborhood that it is. I
have grandchildren living in Sportsman Park. I am upset that there are no sidewalks and
that Meridian Greens faces on Overland which is only two lanes. It is really not even
adequate for the traffic that already exists on that road. And as more and more homes are
already approved to go in the traffic congestion on Overland is really frightening and the
fact that my grandchildren who want to come to visit me aren't safe to walk even under
(inaudible) conditions. So that I go over and pick them up or (inaudible). If we have these
monster trucks on Overland it is like you are putting barriers to enjoyment of our homes.
I think the value of our homes will be sky rocketing down but I think safety is the bigger
issue than the value of the houses. I think that this definitely should be turned down and
I know many people in Meridian Greens, and I can't speak for anybody but myself, but
many people that I have spoken today at Meridian Greens who couldn't be here tonight
feel the same way I do. So I ask you please turn down this request. Thank you.
Johnson: Any questions? Is there someone else that would like to come forward?
Ron Thomas, 2600 East Overland Road, was sworn by the City Attorney.
Thomas: I have a piece of property just east of about 150 feet east of this project. My, the
only concern I have, I have a lot of concerns, but my major concern and one of them is this
sewer, the ground septic system. I can't hardly imagine Ada County Health District
allowing such a thing to be built. Especially when everybody else is required to hook onto
a sewer system. The traffic is bad, I have a 300 foot run to get on Overland and it takes
me five minutes to get on Overland now and I can hit it at 60 miles and hour. (Inaudible)
I understand they are going to widen Overland but I have lived out there for 20 some years
and I have (inaudible) probably have to have a tractor to get down that. Maybe they will
do something about it I don't know you keep a semi on the road they are (inaudible) it
bounces all over the place. That is my major comment was a concern, one of my concerns
is the sewer or a septic system. That just amazes me that anybody or that Ada County
Health or whoever it is would allow an above the ground sewer system, septic system.
Thank you.
Johnson: Thank you, anyone else like to speak tonight?
Rick Reever, 1157 E. Puffin Street, was sworn by the City Attorney.
Reever: I live in the Sportsman Point Subdivision and as you heard earlier we have yet
Meridian Planning & Zoning Commission
October 10, 1995
Page 30
to nominate anybody that can represent the subdivision. However I was fortunate enough
to receive one of I assume several dozens of flyers that were passed out that expressed
the concerns of this proposed development. And probably there will be more issues
covered in the next document after this but I will go ahead and express my concerns. I
have the pleasure of getting caught behind a Fred Meyer triple tractor trailer rig yesterday
that must have been lost. Missed the tum off at Eagle to get on 1-84 and continue down
Overland and that section of the road is in. not the best condition. I thought for a few
minutes that the tractor trailer rig was going to go someplace else other than west on
Overland to Meridian and I assume onto the freeway. But if definitely held up traffic, I was
probably only minutes behind a school bus because I could still see kids walking away
from Overland. I assume there would be times that if this proposed facility was built there
would be other drivers that are not familiar with the area that venture past this area. And
quite possibly would go into a subdivision and turn around and find their way back out.
I have been behind tractor trailer rigs before in our subdivision during and housing
construction it is still ongoing and it is not pleasant. However 1 have been told day after
day that soon coming to an end. Another concern is access (End of Tape) also with
increased traffic congestion I have been behind tractor trailer rigs before at 6:30 in the
morning accessing 1-84 from the Eagle on ramp and it is very difficult to get on the freeway
when you are behind such a vehicle that can only travel may 20 to 30 miles top speed
when it hits the freeway might be 40 yet you are trying to access traffic. With a proposed
shopping mall at that southeast comer of that on ramp that is only going to add to the
congestion. But I think my main point is sure we can do a quick fix to Overland Road, turn
it into a four lane super highway or whatever and accommodate these vehicles. That still
isn't going to solve the problem. It is going to be a traffic hazard, there are more and more
kids in that area that whole square mile between Overland, Eagle, Locust Grove and
Victory is proposed for development. There are going to be that many more kids in the
area and potentially more problems. All I can say is I have been near one of these
facilities in Pendelton, Oregon on the same Interstate, 1-84 and I was really quite glad to
see where the location of the facility is. It is about ten miles west of town it is near no
development, they obviously have their own off ramp, maybe it coincides with farmers in
the area, that is probably the perfect place for such a development. That is all 1 have to
say.
Johnson: Thank you, next.
Nicole Garduno, 1386 East Peacock, was sworn by the City Attorney.
Garduno: I just want to get on the record that I too am opposed to this. My main concern
is the safety, I am the mother of two. My kids often like to go to the Playground which they
are, from my understanding they are going to expand and have a whole bunch more like
bumper boats and other things there. They like to go there in the summertime, ride their
Meridian Planning & Zoning Commission
October 10, 1995
Page 31
bikes and we happen to be our subdivision is the downcline, a gentlemen had mentioned
earlier and I cannot see those trucks stopping that fast for a child on his bike or a child
walking to the playground. That is my main ooncem is the safety, the safety of our kids and
we have a lot of kids in Sportsman Point that just love to go down there and it is only going
to get worse with the number of homes being built. So I want to go on record of saying
safety issues are my main concern.
Johnson: Thank you, anyone else like to come forward?.
Mark Wilson, 1004 E. Shepherd Street, was sworn by the City Attorney.
Wilson: I would just like to echo the same objections that the other homeowners in the
Sportsman and the other surrounding developments have. I spend 24 years in the Air
Force and I have run similar facilities in aircraft maintenance and I am here to tell you that
they will generate a lot of hazardous waste if we don't have an oil water separator at least
and the sewer system will be contaminated for years to come. So, that is all I have to say.
Johnson: Thank you.
Karen Frisch, 1622 South Goldsmith Avenue, was sworn by the City Attorney.
Frisch: I would just like to say, there is one more subdivision that this would affect, Hunts
Bluff. I live right on Overland and Goldsmith so I am right there. I have two small children,
3 and 5, and I just I am opposed that they would put such a thing in this area that is
supposed to be for families. We built our house here a year and a half ago, I didn't realize
this would happen. I really don't want it to happen.
Johnson: Thank you, is there anyone else that would like to come before the Commission?
Seeing no one then I will close this public hearing at this time. I should reopen the hearing
and ask if the developer at this time would like any time for rebuttal, it is not necessary it
is strictly up to you. Okay, thank you, I will close the public hearing then. What is your
pleasure? This is for the annexation and zoning so it would take findings of fact.
Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law for this project.
Rountree: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
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
TRUCK/TRAILER 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?
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:
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
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Annexation & Zoning of 28.49 Acres to C -G)
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
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. The legal description submitted with this application for annexation and zoning appears to
describe the subject parcel, however it needs to be revised so that the northerly boundary
is the northerly boundary of Interstate 84 rather than the centerline. Magic View Estates
Subdivision, a County Subdivision, lies north of the Interstate. The parcels on either side
of the subject parcel were annexed as part of the annexation for St. Luke's West. Those
descriptions included all of the adjacent Interstate.
TRANANEX.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
• •
HUB OF TREASURE VALLEY
COUNCIL 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: 4iles, 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.
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.
• • 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.
BOISE MERIDIAN, 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
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
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:
11jC-G1 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 - NOWELL 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 LAM - HOWELL PAGE - 14
0 •
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 x 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;
5. 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 - NOWELL PAGE - 16
0 •
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
• 0
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
• 0
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 - NOWELL 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
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.
K,
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 = NOWELL PAGE - 21
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
• 0
adoption of the ordinance annexing and zoning the property, or
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23
0 0
subject to and controlled by the Subdivision and Development
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
VOTED
VOTED,_
o)
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
f-
--
no conditional use permit be granted.
MOTION: YA- Iky
APPROVED:•
DISAPPROVED.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24
CP,
ENTRAL CEN
DISTRICT
HEALTH
DEPARTMENT
Rezone #
L DISTRICT HEALTH DEPART19ENT
Environmental Health Division
Conditional Use #
Preliminary / Final / Short Plat
TD `✓////,4m �F• govt l i
CDHD 10/91
Return to:
❑ Boise
❑ Eagle
❑ Garden city
Meridian
❑ Kuna
❑ ACz
❑
I.
We have No Objections to this Proposal. D E C 1 a 1995
❑
2.
We CITY Of Muavl[A
Denial
recommend 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:
❑ 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.
❑
8.
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
❑
10.
Street Runoff is not to create a mosquito breeding problem.
❑
11.
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑
12.
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
❑ beverage establishment ❑ grocery store
Date:
WG P-aCQPMdWD C0r4rJEC71b+J TO /AeR4b(ArJ Reviewed By: T•
S iTM Sr✓ w E2 '/ F j=F�SA't3l.lr✓
�. rev. I/9S
Review Sheet
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, Parka Supt.
SHARI S. STILES, P & 2 Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
0 HUB OF TREASURE VALLEY O
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 a FAX (208) 887-4813
Public Works/Building Dep u timent (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & 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: Annexation/zoning of 28.49 acres to Commercial General (C -G)
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 GASP LIM & FINAL PLAT)
BUREAU OF REC T N(PR IM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
RECEIVED
SEP 2 5 1595
CITY OF MERIDIAN
OFFICIALS
WILLIAM G. BERG, Jr., City Clark
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 R Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON. JR., Attorney
0 HUB OF TREASURE VALLEY 0
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 a FAX (208) 887-4813
Public Works/Buikiing 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: Annexation/zoning of 28.49 acres to Commercial General (C -G)
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 /y
OTHER: q C;L
YOUR CONCISE REMARKS:
.4w A 20 As i,va,AL.L 0_0,ale3.
F P 2 2 1995
,
t, 4 tai >ft ni i ZA,
CENTRAL CE
((
•• DISTRICT
CogTHEALTH
DEPARTMENT
Rezone #may.
DISTRICT HEALTH DEPA
Environmental Health Division
O,Z-- /.00U
Conditional Use #
Preliminary / Final / Short Plat
c � � o1�T�
SMI a 1:035
❑ I. We have No Objections to this Proposal.
Return to:
❑ Boise
❑ Eagle
J/ ❑ Garden city
Jjrleridian
❑ 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.
S.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
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.
❑
8.
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
❑
10.
Street Runoff is not to create a mosquito breeding problem.
❑
11.
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑ 12.
❑ 13.
❑ 14.
is.
(DHD 10191 rcb, rev. 1/9S
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas
❑ beverage establishment ❑ grocery store
❑ child care center
'fS Date:
Reviewed By:
Review ShOet
r 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, Parka Supt.
SHARI S. STILES, P & 2 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
N ERIDIAN, IDAHO 83642
Phone (208) 888-4433 a FAX (208) 887-4813
Public Worh/BWMft Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
RECEWED
0 C T - 4 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT 0. CORRIE
WALT W. MORROW
P & 2 COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
CITY OF MERIDIAN
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: Annexation/zoning of 28.49 acres to Commercial General (C -G)
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, 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
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: Nampa & Meridian Irrigation
District has no comment on the annexation zoning
request by Bill Howell.
CITY PLANNER f�1
Bill Henson Assistant Water Superintendent
Nampa h Meridian Irrigation District
October 9, 1995 •
To: CITY OF MERIDIAN PLANNING AND ZONING COMMITTEE
Meridian City Hall
33 East Idaho Street
Meridian, Idaho 83642
From: MERIDIAN GREENS HOMEOWNERS ASSOCIATION
Post Office Box 301
Meridian, Idaho 83680
Subject: Transport Truck and Trailers, Inc. (Bill Howell) request for Annexation and Rezoning, and a
Conditional Use Permit
The Meridian Greens Homeowners Association (225+ homes with more to be added) requests to go on
record as totally opposed to this subject application for the following reasons.
The proposed location for a Transport Truck and Trailer Sales and Service facility is not appropriate or in
keeping with the present or planned use of the adjoining and local area property for the following reasons:
• Overland Road, presently at two lanes and in the planned near future three lanes, is not designed for
this type of use.
• The traffic intersection at either Eagle/Overland or Meridian/Overland is not designed or presently
planned for this type of use based on traffic volume and traffic safety issues. Private cars, school
buses, and commercial vendors enter and leave the several subdivisions along Overland between
Meridian Road and Eagle Road There is also considerable traffic from Locust Grove entering
Overland.
• Already existing developments around that area must use Overland for a means of egress and access.
Additional traffic signals would be necessary.
• The increased noise level brought about by the increased highway type truck traffic on Overland Road
will be a major annoyance and problem for all the residents in this area
• The type of tall standard lighting which will be required for this type of facility is not compatible with
the planned R-4 zoning south of Overland Road
• The 24-hour per day service which goes with this type of business is not compatible with any of the
present or proposed future use of the property along Overland Road (Meridian to Eagle).
Most of the points listed above will definitely incur an increase in tax dollars for the residents of Meridian. It
could also lower the property value of the homes in the area thereby decreasing the tax dollars coming in to the
city of Meridian.
For the above stated ns the Meridian Greens Homeowners Association strongly feels this auplication should
be denied
Kevin Merritt, President
MERIDIAN GREENS HOMEOWNERS ASSOCIATION
Ved 12-
-l9-�s-
December 19, 1995
To: CITY OF MERIDIAN
CITY COUNCIL
Meridian City Hall
33 East Idaho Street
Meridian, Idaho 83642
From: MERIDIAN GREENS HOMEOWNERS ASSOCIATION
Post Office Box 301
Meridian, Idaho 83680
Subject: Transport Truck and Trailers, Inc. (Bill Howell) request for Annexation and Rezoning, and a
Conditional Use Permit
The Meridian Greens Homeowners Association (225+ homes with more to be added) requests
to go on record as totally opposed to this subject application for the following reasons.
The proposed location for a Transport Truck and Trailer Sales and Service facility is not
appropriate or in keeping with the present or planned use of the adjoining and local area property for
the following reasons:
• Overland Road, presently at two lanes and in the planned near future three lanes, is not
designed for this type of use.
• The traffic intersections at both Eagle/Overland and Meridian/Overland are already too
congested. The proposed volume of truck and trailer servicing will constitute a highly
increased hazardous condition at these two major intersections and the connecting section
of Overland Road, since this will be their 24-hour road-testing loop.
• The above intersections are not designed or presently planned for this type of use based on
traffic volume and traffic safety issues. Private cars, school buses, and commercial
vendors enter and leave the several subdivisions along Overland between Meridian Road
and Eagle Road. There is also considerable traffic from Locust Grove entering Overland.
• Already existing developments around that area must use Overland for a means of egress
and access. Additional traffic signals would be necessary but perhaps not desirable by the
required mandatory users.
• The increased noise level, and the visual and air pollution brought about by this increased
highway type truck traffic on Overland Road will be a major annoyance and problem for
all the residents in this area
• The type of tall standard lighting which will be required for this type of facility is not
compatible with the planned R-4 or L-O/Mixed Plan zoning south of Overland Road.
•
• The 24-hour per day service which goes with this type of business is not compatible with
any of the present or proposed future use of the property along Overland Road (Meridian
to Eagle).
• There is no industrial use, present or planned, that is compatible with the applicant's
proposed use of this area.
Most of the points listed above will definitely incur an increase in tax dollars for the residents of
Meridian. It could also lower the property value of the homes in the area thereby decreasing the tax
dollars coming in to the city of Meridian.
For the above stated reasons the Meridian Greens Homeowners Association strongly feels this
application should be denied.
Kevin Merritt, President
MERIDIAN GREENS HOMEOWNERS ASSOCIATION
0
December 19, 1995
Mr. Wayne Berg
Meridian City Clerk
City Hall
Meridian, ID 83642
Dear Mr. Berg:
•
I�CE�VE�
D E C 19 1995
CITY OF MERIDIAN
Recently, my husband and I became aware of a planned "Big Rig
Sales and Service Center" to be located on the north side of
Overland Road east of the driving range. We recently moved from
Boise to the Sportsman Pointe -Subdivision, which is one of
several directly impacted by this proposed project.
We are aware that the Planning and Zoning Committee opposed this
project several months ago, and feel that they had just cause to
do so.
We would now like to urge the City Council members to vote
against the approval of this plan for a number of reasons, the
largest of which include noise level, hours of operation, and
impact on traffic flow through the area. It also goes without
saying that there may be a negative effect on property values in
the area adjacent to the project.
Thank you for your
�,k4 :�k�
consideration,
Ed and Sheila Cunningham
1325 E. Puffin Street
Meridian ID 83642
•
December 19, 1995
To the Meridian City Council,
•
RECEIVED
DEC 19. 1995
CITY OF MERIDIAN
The members of the Locust View Heights Water Users Association are concerned about the open
irrigation ditch that goes through the property adjoining the east boundary of the golf driving
range, that is between Overland Road and Interstate 84.
This ditch, that gets it's water through the Hunter and Cook Laterals, supplies water to
approximately 103 acres of properties north of Interstate 84, but no properties south of I-84.
Our question is, will we retain easy access to this ditch? Will the ditch be relocated, tubed or
both? If the ditch is tubed will there be adequate clean outs at reasonable spacing? If the ditch is
tubed what kind and size of pipe will be used?
Another concern is drainage water from this property. How will this be taken care oV
Murvin L. Lindley
President, Locust View Heights Water Users Assc.
1790 E: Cadillac Dr.
Meridian, ID 83642-6214
Phone 888-1229
Roylance & AssocidS P.A.
Engineers a Surveyors a Landpianners
4619 Emerald. Suite D-2. Boise, Idaho 83706
Telephone (208) 336-7390. Fax (208) 336-7391
a 0 1
&ff"Imomfly, . /,
RECEIWD
0 E C 13 1955
PJW n1P UFRIMAN
Ur -1I I LLMtR:
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
MEF't [01F TFiANSIYIITTAL
I ATT[NTION
❑ Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES DATE NO. DESCRIPTION
LP�Gr� i i
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FOR BIDS DUE
REMARKS KA"I"t -
❑ Approved as submitted ❑ Resubmit copies for approval
❑ Approved as noted ❑ Submit copies for distribution .
❑ Returned for corrections ❑ Return corrected prints
19 ❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO_ulr�'LU'
SIGNED: ,v%.
DEC 18 '95 04:32PM CENTRAL DISTRICT H D P -2i2
CENTRAL
•• DISTRICT •
WHEALTN
DEPARTMENT MAIN OFFICE . 707 N. ARMSTRONG PL • BOISE, ID 83704-0825
1-o prevent and treat disease and disaWity; to promote hoat1h . ' 0108) 3755211 • FAX 327.8.-X
Y hfestyks; and to protect and promote the health &a quaky
Of ow environment
95-522
December 18, 1995
City, of Meridian
Sherry styles
33 E. Idaho
Meridian,.ID 83642
RE: TRUCK/TRAILER SALES AND SERVICE FACILITY ON O
LOCUST GROVE. OVERLAND,'EAST OF
Dear Ms. Styles:
Central District Health Department has received an
this project and witnessed testholes at the ct this for
project has not been completely evaluated' by this s tedepartment
because more information will be needed concerning waste water
The on -'site sewage system proposed has office. not yet been approved by
PriOr to considering, an on -.site sewage system further,
recommend that all avenues be pursued for we-would
to ould
Meridian City. Sewer. the
Sincerely,
Tom Schmalz, E.H.S.
Senior Environmental Health, specialist
cc Martin 0. Jones, Environmental Health Supervisor
Serving Palley, Elmore, Boise, and Ada Counties
ADA'/ 8015E COUNTY OFFICE North OFFICE
7D7 N. Armstrong pbW RMORE
8tC VAIIEY•COUNry bM
foie?, ID 83704-08255Z
E. 81 Fih Skheet ID ' P.O.OM-1448
Ph, 3155211
6WPh.5VqM McCd, ID 89638
Ph. 634-7194
DEC 18 '95 16:36
PAGE. 02
J & L ENTERPRIZES, INC. AvAv,&v,&vAvAv,&vAv,&v,&v
P O Box 486 • MERIDIAN, ID 83680 • Telephone (208) 378-9676 • Fax (208) 378-8728
Meridian City Council and Mayor RECEIVED
City Clerk's Office DEC 1 8 199
33 East Idaho Avenue
Meridian, Idaho 83642 CITY OF MERIDIAN
Subject: Transport Truck & Trailer, Inc.
We would like to ask a favor of our City Council and Mayor.
Transport Truck & Trailer is willing to relocate their business to our growing area. It
seems they have encountered opposition from some anti -truck Meridian residents.
Complaints of noise from Jake brakes (which doesn't happen on flat roads) and the safety
of big trucks (actual safety record is very good) seem to be some of the issues. We have
been in the trucking industry for over 30 years and being proud owners of our own trucks
and trailers for the last ten years, we have heard all of this and more, but its just not the
facts. Please consider the revenue generated by the trucking industry and the
convenience of supplies every person enjoys everyday from the trucks in our Meridian
area.
Mr. Bill Howell is a very successful businessman who is fair, open and easy going. He
treats all his business dealings with honesty and makes everyone feel that they are
important to his business. He is as fair with the single -unit owner -operator as he is with
the large fleet owners.
Being property owners who realize the growth and demands for the increasing taxes
required to meet the continue pressures on schools, police and fire departments, we feel
that the addition of this business would be a most welcome asset to Meridian.
One last request:
Please ask yourselves if the oppositions are really anti -trucking or are they anti -growth,
anti -business.
Thank you, G • 4
4040w�
C-�-
E. J. Adamson and L. M. Adamson
1240 Northgate Court
Meridian, Idaho 83642
r-�
December 19, 1995
City of Meridian
City Council
33 E. Idaho
Meridian, Id. 83642
r2eelVed 12-IV-?.5-
Re:
2-/9-9s
Re: Truck/Trailer Sales and Service Facility on Overland, East of
Locust Grove.
Dear Council:
The Sportman Pointe Subdivision Homeowners Association
opposes the annexation and development of the aforementioned
property. Specific Objections are as follows:
1. The proposed use is Industrial, and not compatible nor
harmonious with adjacent properties.
2. The proposed use shall create noise, odors, and visual
pollution of greater levels normally associated with
residential activities.
3. Such a development is not appropriate in keeping with
present planned use of the adjoining and local property.
4. Traffic and Safety issues have yet to be resolved.
In conclusion the majority of homeowners in the Sportman Point
Subdivision oppose the annexation and conditional use permit as
requested by the applicant Mr. Bill Howell.
Homeowners Association Spokesperson
M. Thomas
•
December 19, 1995
Mr. Wayne Berg
Meridian City Clerk
City Hall
Meridian, ID 83642
Dear Mr. Berg:
RECEIVE
D E C 19 1995
CITY OF MERIDIAN
Recently, my husband and I became aware of a planned "Big Rig
Sales and Service Center" to be located on the north side of
Overland Road east of the driving range. We recently moved from
Boise to the Sportsman Pointe Subdivision, which is one of
several directly impacted by this proposed project.
We are aware that the Planning and Zoning Committee opposed this
project several months ago, and feel that they had just cause to
do so.
We would now like to urge the City Council members to vote
against the approval of this plan for a number of reasons, the
largest of which include noise level, hours of operation, and
impact on traffic flow through the area. It also goes without
saying that there may be a negative effect on property values in
the area adjacent to the project.
Thank you for your consideration,
Ed and Sheila Cunningham
1325 E. Puffin Street
Meridian ID 83642
December 19, 1995
To the Meridian City Council,
•
RECED
DEC 19 1995
CITY OF MERIDIAN
The members of the Locust View Heights Water Users Association are concerned about the open
irrigation ditch that goes through the property adjoining the east boundary of the golf driving
range, that is between Overland Road and Interstate 84.
This ditch, that gets it's water through the Hunter and Cook Laterals, supplies water to
approximately 103 acres of properties north of Interstate 84, but no properties south of I-84.
Our question is, will we retain easy access to this ditch? Will the ditch be relocated, tubed or
both? If the ditch is tubed will there be adequate clean outs at reasonable spacing? If the ditch is
tubed what kind and size of pipe will be used?
Another concern is drainage water from this property. How will this be taken care of?
Murvin L. Lindley
President, Locust View Heights Water Users Assc.
1790 E. Cadillac Dr.
Meridian, ID 83642-6214
Phone 888-1229
r��. iV �.� V"•• x-11 t.LI111C
CENTRAL
•• DISTRICT •
I1 rPEALTI?
DEPARTMENT M" OFFICE . 707 N. ARMSTRONG PL •
To prevent and that disease and disability; to promote heaWi . ' BOISE. ID 83704-M25 • (208) 375-6211 • FAX 321 -L-
y 4festytes; and to protect and promote the health and grdN, of our Q+•rironnrent
95-522
December 18, 1995
City, of Meridian
Sherry Styles
33 E. Idaho
Meridian,.ID 83642
RE: TRUCK/TRAILER SALES AND SERVICE
LOCUST GROVE. FACILITY ON OVERLAND, EAST OF
Dear Ms. Styles:
Central District Health Department has received an a
this project and witnessed testholes at the PPlication for
Project has not been completely evaluated by this sae ' ' This,
because more information will be needed concerning waste department .
' g to water
The on -*site sewage system proposed has not et
this office. y been approved by
Prior to considering. an on -.site sewage system further
recommend that all avenues be pursued for connection Meridian City. Sewer. n to. the
Sincerely,
Tom Schmalz, E.H.S.
Senior Environmental Health'Specialist
cc Martin 0. Jones, Environmental Health Supervisor
Serving Valley, flmorr, Boise, "Ada Counties
ADA'/ 8015E COUNTY OFt110E OFFICE
am* C0=ROFRCE .
707 N, Armstrong pbw 520 E. 8th Sfeef VAll6Y�Cgq�111(
FOS, ID 83704-0825 P.O. am -w48
Ph. 3755211 *wtoin ft19.10 ' McCoy, ID 89638
836x7 Ph. 59pg225 Ph. 634-7194
J & L ENTERPRIZES, INC. AVAVAVAVAVAVAVAVAVAV
P O Box 486 • MERIDIAN, ID 83680 • Telephone (208) 378-9676 • Fax (208) 378-8728
Meridian City Council and Mayor RECEIVED
City Clerk's Office O E ` 18 1995
33 East Idaho Avenue
Meridian, Idaho 83642 CITY OF MERIDIAN
Subject: Transport Truck & Trailer, Inc.
We would like to ask a favor of our City Council and Mayor.
Transport Truck & Trailer is willing to relocate their business to our growing area. It
seems they have encountered opposition from some anti -truck Meridian residents.
Complaints of noise from Jake brakes (which doesn't happen on flat roads) and the safety
of big trucks (actual safety record is very good) seem to be some of the issues. We have
been in the trucking industry for over 30 years and being proud owners of our own trucks
and trailers for the last ten years, we have -heard all of this and more, but its just not the
facts. Please consider the revenue generated by the trucking industry and the
convenience of supplies every person enjoys everyday from the trucks in our Meridian
area.
Mr. Bill Howell is a very successful businessman who is fair, open and easy going. He
treats all his business dealings with honesty and makes everyone feel that they are
important to his business. He is as fair with the single -unit owner -operator as he is with
the large fleet owners.
Being property owners who realize the growth and demands for the increasing taxes
required to meet the continue pressures on schools, police and fire departments, we feel
that the addition of this business would be a most welcome asset to Meridian.
One last request:
Please ask yourselves if the oppositions are really anti -trucking or are they anti -growth,
anti -business.
Thank you,
E. J. Adamson and L. M. Adamson
1240 Northgate Court
Meridian, Idaho 83642
MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 14.1995
APPLICANT: _BILL HOWELL AGENDA I TEM NUMBER: 5
P 9UN mltaeRKSI t . Lei 0.7101,• • 1 • 1 -FM 191,01► l
• I •NAL-U&E PE"Iff-
AGENC
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:
OTHER:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
All Materials presented at public meetings shall become property of the City of Meridian.
• 0
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
MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10. 1995
APPLICANT: BILL HOWELL AGENDA I TEM NUMBER: 14
REQUEST: REQUEST FOR ANNEXATION/ZONING OF 28.49 ACRES TO C -G
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:
OTHER:
•u
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS A
SEE ATTACHED COMMENTS
c
V w
C�
All Materials presented at public meetings shall become property of the City of Meridian.