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Jacksons Food Stores AZ
OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enylneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor • COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI 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 5< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6, 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Annexation and zoning to C-G BY: Jackson Food Stores, Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision, 625 North Eaale 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~UB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 4 ,, • . APPLIATION FOR ANNEXATION APPROVAL & ZONING OR•REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION L I I. GENERAL INFORMATION ,~x~sri~v~ M~/G V/~ W SuB~/V/s~,~/ ~ZoN~p RTC (PROPOSED NAME OF SUBDIVISION) SOaTH -ter ~/ ~z~~~~.~ ~ F n~o,~ wc~/trN o~ ~_ (GENERAL LOCATION) _L~T /l ,~~J~j/~ V/EGV SuBl>/y/SAD ~/ _ (LEGAL DESCRIPTION - ATTACH IF LENGTHY) --,~ rr,~c.~.~~ ,t'EZo~E ~~4~'s~ = Rr' to G -~^_ f~.4CKSoruS t~fx~ STb~t.ES, /NG 8c`38 -6GY'~ - (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) ._,~do Ga~+~~~i~4-t.. eb4cr.•_; M~~ro/~N , io g36~z.. (ADDRESS) _ _ ,,G9~C,KSo~/s A sro~z:d's, /~c/G E38~ -~ ~ 1 (APPLICANT) (NAME) (TELEPHONE N0.) ADDRESS) .020 (ENGINEER,,SURVEYbE~ OR PLANNER) (NAME) (TELEPHONE~NO.) 7S~ N. A~1~~4~.4~y Pl..C~ ~^~K~ . /I.~4A~ X33.6 ¢ ~ (ADDRESS) (JURISDICTION(S1 REQUIRING APPROVAL) OF 'SUBDIVISION - ItLSIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IPJ CONTIGUOUS OWNERSHIP. (ACCEPTED SY:) (FEE) • ! JACKSONS FOOD STORES, INC APPLICATION FOR ANNEXATION APPROVAL & REZONE Lot I1, Magic View Subdivision 625 ~te~-tla Eagle Road, Meridian, ID 83642 ~t~ STATEMENT OF COMPATIBILITY WITH MERIDIAN CON~REHIIVSIVE PLAN: The above referenced property appears to be compatible with the Meridian Comprehensive Plan as follows: 1. This property is located on Eagle Road just north of Interstate I-84. This area has been designated as a commercial area in the comprehensive plan. 2. This property is surrounded by areas designated as mixed/planned use in the comprehensive plan. 3. This property has frontage on Eagle Road, which has been designated as a major arterial street in the comprehensive plan. 4. The properties proximity to Interstate I-84 makes it an excellent location for a "park & ride area". This area will be provided in the same manner as provided at the Jacksons Travel Center on Franklin Blvd. at I-84 in Nampa. A "park & ride area" is suggested in the comprehensive plan. AFFIDAVIT OF POSTING PROPERTY: Jacksons Food Stores, Inc, 3500 Commercial Court, Meridian, Idaho is the record owner of the above referenced property, and hereby agrees to posting this property (1) week before the public hearing. It will be posted that we have applied for annexation, rezoning, and a conditional use permit. ~~ Signature: Date: JACKSONS F0~ STORES, INC APPLICATION FOR. ANNEXATION APPROVAL & REZONE Lot 11, Magic View Subdivision 625 ~~ Eagle Road, Meridian, ID 83642 RDQiJEST FOR. ZONING Amendment: Jacksons Food Stores, Inc, 3500 Coomnercial Court, Meridian, Idaho is the reco caner of the above referenced property, and hereby requests a Zo ng endmP~rt~to change the current zoning. ture: te: SUBSCRIBID AND SWORN before me the day and year first written above. Notary Public f r Idaho Residing at Boise, Idaho My Caumission Expires: 12/19/1995 CHARACTERISTICS WHICH MAKE THIS ZONING Amendment DESIRABLE: This property is located on Eagle Road just north of Interstate I-84. The proximity to the interstate makes it an ideal location for a travel center which provides gas and food service. There are currently no other facilities like this on Eagle Road. Immediately across Eagle Road from this property is the new St. Luke's Regional Medical Center. 08/03/94 08:59 X208 8883585 JACKSONS I®001 a. ~ ` "'. ~ • ~ .« ...__08/03/93 _09:xg [~`?08 333 8369 HOLL4A~ 8 H.aRT -• J3CKSOtiS ~ ~ i ..... ..~ _ ~ 002 ~ 002 9~0'i0~59~1 ~.-- .~ _ ewe-t Ft7xrta-efp ~ r J BOISE ~....'n~~ . srEw~tr rixr.~ of moo, IIvc. i RF~ao ~ wCrRpvfG ^Y ~ FEe a/ ~EF.~A~~ ,..~~ ~ RfCOF.ak~ .:. .:~ i._3:1 ST OF 0313 j srwe6 ~aava z>tix t.av= P~[:Rteep~pprQ p~ Order Na.: 94047574 a]'gILM wA~~-r~ DEEb , FOR VALLfH ItEt~N~p RONALD ~. GAIBR, as v~u~arried persoa 1 xNGRA~ TORa(~S), daes(do) Itcreby GAANI', BARC+AIN. SE1-L ~d CON1/Hy a~ IL, Idaho CaYpoxatiou JAC1CSt]N Q ~-~F-E(s) whose i.'• I current addrrss is: 3500 COh44gRCIAL' CO ~ ¢ ' ' tht rollowi fir' r~RIDIAN. mAFiC! '83642 ng drscribed reg] property in dtscrityed as follows, ro wit: ~' Counry, Seta of Idaho; more partiptlsrly ~• LoL 12 of ehe? At~Ni7FD t?1~T O aCCOrdirt 8 MAGxC v2Eh- S'UHDivxSION, g to the Off:leial plat ehrxeof, filed is Book SZ of Plata at page (s) 4445 7,RD 4446. A~g~ ~, an Aff±~vit reco:rde+d J'tsne I3, 1984 a8 ;II8trt2ttlCgt; NO. e429311, records ot; Ada County, Idaho. BXCF.P'!'TiVG chaC parcel Chat vas ~ ~i by a Decree c>Q Coade ve+9ted iR the Scate of Ida o Ixtscrvment No, 9 mnatioa recorded DECEt48F,R 19, i 3109724_ 993, pis i TO HAVE AND ----__..__--__...__~----- ..--- -- ._....- ---- ---.. , . 'Y'O HOLD the said premises. wilt their 0 • ~ ~~ Grar+tt~e(s) heirs and assigns forever. And die Said Gran nppurtenanas unto tha said t')1 aftd U enwtttbrsnccs, anr~or(a) is/are the owner(s) in fee simpi~o said (da) hereby co~en~ to and wid„~ said or chute b i~CCFP'1' chose to +4tich this tonv pro+nisa; that said premises are tt?ee'from Y ~ Grahtce(s): and subJ<xt m ~'~ iS e:epressty made subJect and dtose mad a~rat:n>tttu, (if any) of record, and jeneral ~' rettricdons, dedications o+.svt» riEb[S of y if arty) !or the eurrtnt Year, vVhidt are n ~ ~ ~sments. (ineladiag ~~tian and vtillty ~xsmtdts. dtc san>c from at! tawfut claims whauacvW. Yet due and payablE, and ~ (Crarttor(s) sviU watrrant ~'t~gfettd Dated: Ap it 14. 1994 , _ fr,,,u,4.. ~i`'~iS L'.~si3rYt~i~'; GJ?1:' ig i=U~N'S~! ; RO D GAZ 'R "„~ ,~ ::~:'~`J,'•vivfJ ' I;i~ ~S :irs; iG~?. ~ tip ~viv1?RidY ~~jKES N( tdEPfri~~r ~; ~ i~=''` ~;~ 'I';7 S;i;=~t~i~.~~t;y`, ~-,~ ITS' :i:FFECT F~4?'T~ ., , : tN(.;~'i~ci;~;:;; ~.'; 3.t'Yl' 0TH NHS 7 ;i:1; ,. ~ ~. . 3:: rr~RF E ;i;~i tiL~ i~u~REi,'~'. y~vt~' ~.,, ~' R ~ n3 f0 .~ Postd!° brand fax transmittal memo 7G7f~ rot : ~ .. _~ ,. ~~ :d~tPArT YQ,; SHOiJ! ~, w9ros,R-.~.~,~,: , ,. Fred .p•.~ nn~t~IQ(y rhpt. Q p.~GSO O ~ i ~ ,i Fax N * o G b ~G.+ t7 ~p ~ - ~~~ ~ mot. 88S' 3~`~ . __ ~ ~: < --- _ _ , .. ! . _ .- :~ J S t S~ J' Cl.' lA ~ Z-~ ao $ z: $so Y • ~ ` x ~ ~~ ~ a~ c ~ .~ m ' 1 -i •~ J L W • ! ~ ~! ~ lye i . ~i ~s i 00 ~ ~ ' 4' (n M • '' ~ ~ '~ • } • A ~ w . ° Y nA ~` rb Z . .a•s-.ao A r ra 3 •~ r• W ~° ~ # I~ 1 0 ~ O SW's ~• v I r =~•, ~. Z W tr + !it 13 ~.S ~ ~ 3,111 ~'h ';S J • •t'a-,-O •O r i01•a w at~'[~ L• t-a ~,3~ ~'` •SO• M J .ss•-as s-a • ,r•w-w,aat,»•oer 4 g I-- _ • r ~ { K • O t'e.l~ 'w • . • -t ~ ~ Q ~ • S. 1 a : Y O P V / ~ W iln~'O„ osi•i •ta* .~-' o a. ~ ~ ~ . 1 ~~,-~tt.t•et ~ O ., ~ •-1 ~ -. w • O ~~ el a Q 'I~,^^ N' ~ t- dEN i o i~ ~ y' Q ~ r M- ~ ~ I • Z j~:l I • >>-c ~z m ~ '•w ~ • w ~s :~ ! ~ _ . ~ T"sr~'~ a 3 : ~ .s ... u~ .~~ • >; ~ ~; .a :.' s~ so - !ir yg ~: e ~~ ~i k. ti. es' ~ _1 • ~Y ~• ~•r s ~ ~ ? ! V •~ Zio i `~ ~L a ~~ •" S, • \•~ - ~~ M Y _` ~~\ ` o •a! . g ~a. a ~ ~ s~.l \ +~Q i ~a A\ ~a= Y °D \ ~c ~• • ~ Y r," ::" ~-~ ~ a ~ 3 QsLL• t . t. .• r `~~ - t, , Q ftc cn J N s .oo .oi~.N r , ~ '-•ro o- r ' • .oo j • sss ~3• r . O Z v' ~ W N. ef2la~ h•tr•M- • p,uM'. a „.a ~ r 1 ~: _~ :~ ~ r i /- a,s•ot,ie sei o Cl • ~~ ~~^ ~a'a• i e~•ttt ''`'1~ . ~ `~ 16 N ': _ ~ ~ r' ~ ~ H .!f •t t- .• a a~,rr aV•ta i ~ i u `-` . t` ~ W s •st ,o>+'~ p- ,~ w•-A K• two s ,net • yo0.ae,ao. { r+~ 1 ~~...! . L LJ.1 to • •Is t - f 1dt . K+~.J -i:[ _ U J ,a.N .NeieOM JWC' O .w'Ma••.~M N • t~e"/ii••,rM~f•Mr 'JK ~•i ~~Y L3 ~- CU U W ~ ~ ~ ~ ii ~-ry.-er•,tt•N f~}-Nr _ lit itr t'S •~ ~ W ~ • • • - • S ~ ~~ ~ (> sts ,arw- -rnt ,sa araa ,n•er. .e ~' cry u ~ ~ _~ ~ ~ v ~ .Yi a so•sos~ - ~ s•IO ~a .o s n >-c, ~~ ~ OHV1W?1Vd ~ ~ ~ ' ~~ 8f1S S1HJI3H M31A 1St1001 _ :c~" ~ `~ i ~iL•S _ J ~ ~`:'S _ a~• i x >•- cs - sty +- :s ~~~:~ ~ 'i i o L~wr . 9 3 1~ 9? 2 `f 1F~~~~~U(32~:~::! RC3ERT ~ . T~A.SERT ~ r ~ ' ; . •~ Frio Chiof Legal Counsel E'J~Sr ~_~ ~w J j~ vM Pr~:RICX W. FANNIrG ' - -- S'IEVEN :K. PARRY ~..;~~. ,~a,~-~ OEC g.-1993 G=CRGE ;d . P:Z1Ru.A.M . - Attor..^.eyS :- - ~C~ 2T ~:.. ~ ., ~ ..A ON ARgO. l f~C T_.^:aho Transaortatier = = ~- n~ ~ ~ ~ ~, 3311 tdest State .Street ~'"`.` "` ~ P.O. Box %129 FEC: .,c ... ...:~cST ..~ 3oise, Idaho 83707-i'~. Teleohene: (208) 334-=___ Attorneys for Plaint_:_ T_:Q THE DISTRICT CC;.3. CF THE FOURTH JUDICIAi, DISTRICT OF THE STATE OF ID:L:O, IN A.rTD FOR THE COtJI~.Y 0= ADA _.._. ~Tnir OF IDA.ziO, ~x _~_ ~r.Vi=SQti a*:3 P~:IL 3:. _ ; .=r?:O ': RP.~VSPOR'TA.IC:, _~:,.=.C, ~la_::t if' . -•:s- ; _..__•::..gal arc ~_= ::-__• -= ; c. ~.:Fc~Y BA:y~ C: ..f-- ~iC_'~=~ ASSOC.=.-.-- . _.. ~.; ~F.:: ~ • and C~,: - - -- ' --~% •-- ~=~t*~r~C - --~ Lase :~0. 9.787 r.:!E::iED S£CD\D .~i,~G~lENT AND DECREE GF CDITLE!^:;iTION ~~~ ~@~Y I~ ~~i~1N!~~9 AN ~~4~ ~~NM ".. ~P TM~a gCC~iMM4~1+~t~1N,~TM~~~4 Q~ ~ ~ R~PN~S~NI`A`f C~Mp~~1'~N~~9 QA ANY ~ pH suF~w~~aY, ~~F~~ ~~ µ1pTT~~ 'f''r11~T Mit#)i"f ~~ jMPU~p TM~FIEIN. S)'lallL9 Y0~1 i~lA R~,pD1NQ PfS ~D~ Y L~MPCOU+`~SC~'l.. E~t1Sl~t'~ ~1DE -.S CC;;=_ .,.. _-. I~_.. ca, c' ~e~t=_-.:°_~, _391, having erte:~ed a ~~ _-__.,. ac= __-_ t-3. _-e Ce==::~3':_ __...._... .. La_er, have and. _ :_.,v~: ..=- ~.-_ ~~:__ =_ -..~::c ~..~ _..... c= :"::,~- ~h~~sand ~oiiars .~ = • • 7 --_ -~ • lE;S~~U~.2~0 ($40,000.00), including interest and costs of suit, and the Plaintiff having fully satisfied judgment; NOW THEREFORE, .IT IS HEREBY ORDERED, ADJUDGED AND DECREED: l.. That the use to which the property condemned herein, and hereinafter described, will be put, to wit, _. public highway, is a public use and authorized, by law. 2. That the taking of the property and property rights condemned herein, and hereinafter described, is necessary to and for the construction of that certain public highway knows as Interstate 84, Protect No. IR-84-1(12)45. 3. That the hereinafter described property and property rights be, and the same are condemned and taken by and for the use of the State of Ida::o. 4. That the property condemned and taken 3:e~-e~.^. is situate in Ada County, State of Idaho, and is more particularly described as follows: See Exhibit •'A" attached 1-,ereto and mare apart 2:ereof . S. i':^.at t~.e fee simple title to the herei~a~~~~e ce=_cribed Parcel ?:o. ?4 be a::~ t~:e sa^~e is vested in t2:. State c`Tdaho. , v~ ~ DP.TED this ay of ~ecetn'cer, 1953 . / l ...La_- ~'~ . fl~ DISTZICT JUDGE ~~ ::~~:'~~: ~a.. ~ ehw v .~ .i '_:/ , J _ ~ '~ ~ ~ ~.65~OU1.~3~ LEGAL DESCRIPTIGN Project No. IR-84-1(12)45 Parcel No. 14, 14-E-1 & 14-E-2 I!ey. No. 2989 Land situated in i `„ County PARCEL N0..14 A parcel, of land bein3 on the Westerly side of the centerline of Eagle Road Survey as shown on the plans of Interstate 84, Project No. IR-84-1(12)45 Highway Survey now on file in the office of the Idaho Transportation Department, Division of ftighways, and being a portion of Lot 11 in the Amended Mag~.c View Subdivision according to the plat thereof filed in Book 52 of Plats at pages 4445 and 4446 and as referred to in that certain instrument recorded under Ho. 8406642 records of Ada County, Idaho described as follows, to-wit: Beginning at the Southeast corner of. Lot 11 of said Amended' ['iagic View Subdivision, Ada County, Idaho; thence South 89°38'27" West (shown oz record to be South 89°37'02° hest) along the South line of said Lot 11 a distance of 72.79 feet to a point in a line parallel with and 75.0 fee*_ westerly fram the.center- line and bears South 89°18'35" West- r~oa~ Station 30+6g.~85 of the Eagle P.oad Survey as shown on t~:e pla.-.: :,f said Interstate 84, Project Nc. IR-34-1(12)4 Highway Survey; thence Nerth G°41'24" West along .-=.d parallel line 131.15 feet to a point opposite Station 32+00 of ~ ~agie Road Survey; thence North 89°18'36" East - 5.C fAet to a point in a line parallel Frith and 70.0 feet Westerly from the centerline of said Highway Survey; thence along said Last parallel line as folinws: :.~rtherly along a 5,799.58 foot radius curve right 180.17 feet to a point opposite Sta- tion 33+78 Back equals Statior, 43+77.98 Ahead of the Eagle Road Survey, Project No. F-FR-3271(44) Highway Survey as shown on the plans of said Interstate 84 Highway Survey, continc:ing Northerly along said ~,799.Sf: foot radius curve right 25.0 feet, acre or less, to a point ir. the North line of said Lot 11; thence Nort:~ 89°38'27" East (shcwn of record to be North 89°37'02" East) alcng said•.Nor*h line X5.10 feet to the Northeast corner of said Lot 11; thence Southerly along tY.e East ?ine of said Lot i? a distance of 336.35 feet to the Place of Beginning. 8ighwa•, S~aticn F.ef~rence: 30+b8.85 l0 337° Sack equals Station ~~' 43~'.-77.93 ;: :ear to 44*04.65. ~" +-. Page 1 of Z t= ~.~s~U~iz~~. LEGAL DESCRIPTION Project No. IR-84-1(12)45 Parcel No. 14, 14-E-1 & 14-E-2 Rey No. 2989 The area above described contains approximately 0.5331 acres, 0.0379 acres of which is acknowledged to be a portion of a public road (Magic View Drive). „ Any right of way fencing to be constructed is not necessarily intended to designate the property line and any variance between the location of right of way fencing and the actual property line as herein described shall not be construed as a modification or alteration of this r description. PARCEL NO. I4-E-x A permanent easement to go upon, occupy and use a strip of land 5.0 feet wide in a portion of Lot 11 in the amended Magic Vies+ Subdivision according to the plat thereof filed in Book 52 of Plats at pages 4445 & 4446 and as referred to in that certain Instrument recorded under Num- ber 8400642 records of Ada County, Idaho, the Easterly side of which is coincident with the Westerly side of the above described parcel of land (Parcel No. 14) and between the South Line of said Lot 11 and otation 32+00 of the Eagle Road Survey as shown on the plans of Interstate 84, Project No. IR-84-1(12)45 Highway Survey and containing approximately 0.0151 acres for the purpose of constructing and thereafter maintaining thereon an irrigation ditch and/or pipe line and facilities together with the right and privilege of ingress and egress to and from said property for said purpose. PARCEL NO. 14-E-2 A teaparary easement to go ucon, occupy and u~e.a strip of land 10.0 feet wide in a portion of Lot 11 in said Amended Magic View Subdivi- sion, the Easterly side of which is coincident with the Westerly side of the first above described parcel of land (Parcel No. 14) and lying between Station 32+00 of said Eagle Road Survey and the South right of way line of existing Magic View Drive and containing approximately 0.0414 acres for the purpose of constructing thereon an irrigation ditch and/or pipe line and facilities together with the right and pri- vilege of ingress and egress to and from said property for said purpose. Page 2 of 2 • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 5, 1995, for the purpose of reviewing and considering the Application of Jackson Food Stores, Inc. for annexation and zoning of approximately 4.5 acres of land located in Lot 11 of the Amended Plat of Magic View Subdivision, Meridian, Ada County, Idaho, and which property is generally located at 625 Eagle Road, North of 1-84. The Application requests annexation with zoning of C-G. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 14th day of August, 1995. WILLIAM G. BERG, JR., CLERK • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 13, 1995, for the purpose of reviewing and considering the Application of Jackson Food Stores, Inc. for annexation and. zoning of approximately 4.5 acres of land located in Lot 11 of the Amended Plat of Magic View Subdivision, Meridian, Ada County, Idaho, and which property is generally located at 625 Eagle Road, North of I-84. The Application requests annexation with zoning of C-G. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hali, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of May,. 1995. WILLIAM G. BERG, JR., Cf C K ' ... ~. _. ~" "°~ 18 - r _ _ _ _ ~.~ ~~G a° ooh ~ ~ a ~ z ~~_.~1 T...._..._.__ . .. ... ~ W it ® Q -~_ I'S 18 ~ p ~ ~ ~ i9 . g 14 12 '13 14 17 19 ~~ _ >- c ~ AUTUMN ryA~ ~^ _~_ a IP III 10 9 8 7 6 5 4 ~ ~ ~ ~ I ~ 30 _._ .._ I, o ~ ANNISXATIUN Ri'~NE A,PPLICAT ~ (~1DITI USE API'LICATIUI~i "7 Jacksons F Stores `' a 625 North ~e Road - LU-~ 1 ,MAGIC VI)H]P I1 Y; Meridian, atw 83642 Ely iG IG ~ ~ ,~` \ `_ OR1 vE ~ _~"-~ ~' ~' , l S r ~~ ~~ , `, , \ / N ~~ , ~ N ~,) ~ ~ w ~ GENri~- wa'• -----7- - ! //~. ~ i~ 16 .,.~ ~~'" 1 \• t.~ ~ ~ ~ \ J J ( ~ ~ 1~ 1 t. 1 .~, .~-•-~" ,~ // n~~ f AN INQ ASSN. S E ~ 1994 SG,q LE • / "- 3Gb ~ .~ ~'"1 T ~i i ~ • ANNEXATION-~ REZONE APPLICATION Jacks ns Food Stores 625 i~~ Eagle Road - Lot 11, Magic View Subdivision Meridian, Idaho 83642 Mailing i,ist of Property Owners within 300' of External Boundaries MAGIC VIEW SUBDIVISION LOTS: LOT 1: Gerald W. & Deloris B. Marlin 1113 West Grand Camen Drive Gilbert, AZ 85234 LOT 2: Richard L. & Barbara L. Moore 3050 Magic View Drive Meridian, ID 83642 LOT 3: Harvard D. Er Geneva J. Hanks 2930 Magic View Drive Meridian, ID 83642 LOT 10: Randy J. Linnea R. Worden 621 Allen Street Meridian, ID 83642 LOT 12: James A. Post P.O. Box .1290 Oldsmar, FL 34667 ACROSS EAGLE ROAD: SW4NW4 EXC R/W SEC 16 3N lE: St. Lukes Regional Medical Center 190 East Bannock Street Boise, ID 83702 SEE ATTACHED PLAT SHOWING 300' DISTANCE FRCM EXTERNAL BOUNDARIES OF PROPERTY. .~ ` U ~ ~ _ N n •- •1 • • Y N n M N ~ M • ~ n r ~ r .. 0 • • • ~ • ~ 7ri Y M r Y M Y N • • w 1` oo 9 • • • O O O A • M I pMp O O • ~ • • n n n M n M Y n n p (' n r tl n w • 0 O 0 0 h •~ ~ ,L u ~ ~ O C O O N w ~ ~ ~ r ~ i 1r1 1 ~ 1 O • ~ 1 t, N n ~ iq n ~ n n • ~ • • • • •1 • • • w • • • • • O a ~ • • a n a • a a n a a w e a a w a ~ C 6 g • = • a= O a i a Y a • ~ ~+ „ , ••oi ',°• ~ ~ i ••Oi _ Y • •ri i s ~ i •j n i .i r y r: /. r i w a w = b ! n o o h w '•. o° ~ '" w ° o ~ i ! i ,n• °w 0 r o . 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M:w~"'t1 •„ "'~ ,•tt ,0°, Oit 7=-~ ti• J•-•t¢,~~i'tt •-~N .t • ¢ .u'0¢•r„OO,I[•70r i~"~ ••~ ~ w~, J I,IC ,bt •fOr W O • •IO {, r ~ Q i II- W~ ~\ 'I = C)~yJ , n ,Hilt-r,-'il t~¢.¢•r ~ ;C7'fiY------~ ~ U• ~~ ~. O ~ ~>0: O , ~ ,/CV \ it.t • ¢0'¢77 • +M „P¢l,t¢.i{M I"~ J~ W • • o X' ,11.171 • r ,°° ,t° •o r ~ 3 W OC o • • •s ~ •{,rtl,tl.itw-,ti-t co'i ,¢1•tt¢ - N ,13'i3ih - M •-'oE ,23 .O 5 No ~ trc¢t ,tl•ol- ~(` ww• ~ ,20'90 t1 M ,9'10 ,IZ •0 S oNe~wav~ ~~ ~;~ ' W W a••w ~6f1S S1HJ13H M31A 1S(1001 uH rr=ow ,•0 ` O_ ~ y YJ _ • N • O N O w ~ w O • s ;•se: May-06-96 02:58P Jaclcsons Food Stores Inc 2088883585- . x I JFOA OI ~~R~ May 6, 1996 Mr. Jim Rabbit City of Meridian Meridian, Idaho 83642 Dear Mr. Rabbit: Jackson Food Stores will comply with all landscaping requirements in the expansion at our store #24 located at 3101 Magi selcall me a 888- 061~'Thank you!f you have further comments or concerns, plea Sincerely, / •i it C ./ Chris A. Summers Construction Supervisor 3500 COMMERCIAL COURT • MERIDIAN, IDAHO 83642 • (208) 888-6061 CArI+ Summer ! RABBIT.506 !May 6. 19% N:~) 2088883585 PAGE.01 ~'- roc ~C•rac. ASURE VALLEY • ~ HUB OF TRE COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., Clty Cterk A Good Place to Live MAX YERRINGTON JANICE L. GASS, Clty Treasurer ROBERT D. ~RRIE ~'1 WALT W. MORROW GARY D. SMITH, P.E. City Engineer ^ ITY OF MERIDIA N BRUCE D. STUART, Water Worka Supt. `/ P 6 Z COMMISSION JOHN T. SHAWCROFT, Watte Water Supt. 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parka Supt. MOE ALIDJANI SHARI S. STILES, P 3 Z Adm. 1VIERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Fire Chlet W. L. "BILL" GORDON, Police Chief Phone 208 88813433 • FAX (208) 887813 ( ) ~y ~E~E~ Y ED CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD M AY ~ ~ ~gg~ Mayor CITY OF ~!IE~Ii}IAN 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 5< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6. 1995 TRANSMITTAL DATE: 5/16195 HEARING DATE: 8/13195 REQUEST:Annexation and zoning to C-G BY: Jackson Food Stores, Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Maaic View Subdivision. 625 North Eaale 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 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) ~_CITY FILES OTHER: YOUR CONCISE REMARKS: APPLIATION FOR ANNEXATION APPROVAL & ZONING OR•REZONE MERIDIAN PLANNING AND ZONING COMMISSIOIJ FILING INFORI~IATIOIJ I. GENERAL INFORMATION ~'x~STi.V~ M~/C V/~ W ~u8~/y/S/,~T~ZaN£p RTl (PROPOSED NAME OF SUBDIVISION) Gor // 6Z5 No~rh~- EA~'l £ Ro~D, NoRrN o~ .,~~~__ (GENERAL LOCATION) Lor /l ~_~/~ V/EGt.~ SyBl~iy/S/b ~,/ (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ~ TTigGNED ,QEZo~E Rf1~4~'ST = Rr ra G -C~~- 1~~4CKSo~S ~~ ~Tb~.~'S. /NG 838 -6 ~l - ( OWNER (S ) OF RECORD ) ( NAME ) ( TELEPf~021E !10 . ) _~oo Ca~u~tER~iA-tom ee~t-r,, M~Qro/~ti/ . /y 8.36-~Z-~ (ADDRESS) ~-/Gsoic/s ~p STo~z.~'s, /~/G g~ ~6~.L~- (APPLICANT) (NAME) (TELEPHONE N0.) 3S'oo CCMM ~R_c'./.Q-[. Go~it.T . ~~'i2 LD7/~Q.~/ . /I~ ~~ Z (ADDRESS) 383-DZO 9 (ENGINEER,. SURVEY OR PLANNER) (NAME) (TELEPHONE~NO.) 77 ~ N ~GITw/7 I~/V r L~G~G ~ ~J~f 2 r, //~i'/~'T~ U .3~ (ADDRESS) (JURISDICTION(S1 REQUIRINC3 APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COI~'MERCIAL, INDUSTRIAL) +50 ACRES OF LAND IrJ CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) :7 JACKSONS FOOD STORES, INC APPLICATION FOR ANNEXATION APPROVAL & REZONE Lot 11, Magic View Subdivision 625 North Eagle Road, Meridian, ID 83642 ~~ STATIIN[ENT OF COMPATIBILITY WITH MERIDIAN CONlPR,F~IIII~IS I VE PLAN The above referenced property appears to be compatible with the Meridian Comprehensive Plan as follows: 1. This property is located on Eagle Road just north of Interstate I-84. This area has been designated as a commercial area in the comprehensive plan. 2. This property is surrounded by areas designated as mixed/planned use in the comprehensive plan. 3. This property has frontage on Eagle Road, which has been designated as a major arterial street in the comprehensive plan. 4. The properties proximity to Interstate I-84 makes it an excellent location foc a,"park,&,-ride..area"..-This-area will be provided in the same manner as provided at the Jacksons Travel Center on Franklin Blvd. at I-84 in Nampa. A "park & ride area" is suggested in the comprehensive plan. AFFIDAVIT OF POSTING PROPERTY: Jacksons Food Stores, Inc, 3500 Commercial Court, Meridian, Idaho is the record owner of the above referenced property, and hereby agrees to posting this property (1) week before the public hearing. It will be posted that we have applied for annexation, rezoning, and a conditional use permit. Signature: Date: i JACKSONS FOOD STORES, INC APPLICATION FOR ANNEXATION APPROVAL & REZONE Lot 11, Magic View Subdivision 625 North Eagle Road, Meridian, ID 83642 REQiJEST FOR ZONING Amendment: • Jacksons Food Stores, Inc, 3500 Commercial Court, Meridian, Idaho is the reco~~caner of the above referenced property, and hereby requests a Zoning A~nendmentlto change the current zoning. x nature: te: SUBSCRIBED AND SWORN before me the day and year first written above. ^ _ -_ ~~ Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: 12/19/1995 (~iAR~.CTERISTICS WHICH MAKE THIS ZONING Amendment DESIRABLE: This property is located on Eagle Road just north of Interstate I-84. The proximity to the interstate makes it an ideal location for a travel center which provides gas and food service. There are currently no other facilities like this on Eagle Road. Immediately across Eagle Road from this property is the new St. Luke's Regional Medical Center. 08/03/94 08:59 ~2U8 8883585 ~1' .~. i 08i0~/91 ......_. - ~ -09: ~ I ~~ • c1`208 1~3 rsS69 JACKSONS H071.4ati~ 8 H.aRT r . - .« fool ~~ 13CRSOtiS - f~j002~002 9~0'fU~59'! !~ ..... `row FvwanHm cova ~ ' r .. "'~"~' T~tY oP: J-~..lc.~• ;- STEWA~tT TITLE OF IbAHO INC. ~ ~~+!/• ~ ~- T1TL.1r '9y P1AY 2 s: ~' FEY ~ E~I7 ., X38 ~. : aF_wD a: M~ROv6D ar akw,vtEep.~~ '~ ~ RFCOF.~ki:• .., - ~"" • is ~•_.i'J ST OF { 0313 j srwcE.vov6 ruu u,rs PoR':aFea-,aovo n~rrw Order Na.: 914047574 .TH; LM WA-~tRANTy DEEb FOfc VALIJH ItEC~)'V~ RONALD F, GAISR, an ur~azried person ~ . GxRNACN•2'O ~(~) IdahooCo~by G~r• BARQAII~f. SEtJ. and CONVgy unto JACXSaN aIL, a'po:catian ~:' GA(S), whose current address is: 3500 CO7~ERC~, COURT i . , the tolfowi ~ 1'~RZDIAr1• ZDAHG. '63642 nB dzscribrd real property in A>~A dtscribcd as foliows, co wit; Counry~ Seca ofldalw; more P~ipt~irl r ~. LoL 11 of Che AME~~ pj,A1, OF MAGIC VI£1,1 according to Lhe Oftieial F'1at c>:cxeof, fiSledzinSBcolc 52 of Plate at Page(s) 4445 aRD 4446 recorded J'uae i3, 1999 ae Snet'. Amended b}' an Affidavit Ada Country, Imo, ruraeszc No. 8429311, records og -~.. ~ i fiXCEB'I'TN6 chat parcel t>zat vas v08ted xrx. tie State ot: Ids o by s D4cree ot: Co~d~tnnat:ior, recorded DECSr~EA 19, 1993, ae Irscrumenc No. 93109724_ ro xav~ wivD ro xoLO ~,~ u;d .__.______..__._--- ---- --- - !. ~: Grartcc~(s) heirs and usigns forever. Md the Sai Gtatttor(sjedt~ da ~`~ unto thz said r llrarstoe(s), that Grantor(s) is/arc the owner(s) in fee si le of sold ( ) Eby wvet~nt w udG wr~~•saW C+twmbrat-u;s. EXCEPT chase ca +vFiich this to8v ~ pre+nistx; that said proirtises arc ftpG!frofi or done by the Gra4tce(s): and sub a to ~'~ iS atpresslY ntadt subJea and those made. 9uftared '~~~• iif mY) of record, ar,d ~teral taxrs ttnd ~as~~~~ ~• dc+dicatioru, r~se~u~ rights of Way and if any) for the current yam, which are not yet due and (including irrlgaaon and vtilfry asse~ttttnts. the same from aJ! lawful cLzimg whatsoever. ~~~• and iftac ~~*(s) Will warrrant and,~p~ Dated: Ap it 14. 1994 + r rµ~. ..,,,~ , • GO i:i t=Ur1NlS}iEt3 AS /l. RO GAZER ~::.. '~;;.~i):~~31:,i,. ! }i` r •, }~Z=Plii~'- ,-, _.,. ~; _ %ui~i~:~,Y k~:EKES N! L.; ~+ r11:1. r Sa; ':~ii~~. 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'jQ ~ - . ° ' - i •r q.en.as.aa••?a N sit-A.°• M - Nla-a,tw.tts- ® J Y ~ t~ • ,-a•ttr ~ arsra ,n•es- : ~ -s-_ ~ •BfiS S1H~13H •~ ~ M31A 1Sf1001 ., ° r t i Fj • •p #~i f? a » • ~~ ~'.:.§ ~.., .. ._ 950?`fl 9 ~lL l4 .. - i... .l 1, ttJ~ ORDINANCE NO . 714 _ 3 ~ + ~ ~ : .; ., /'J AN ORDINANCE OF TAE CITY OF MERIDIAN ANNEXING AND~$~It~~jcFT~l3 REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAN `$ A'I'D, SOUTHEAST QUARTER OF TAE NORTHEAST QUARTER OF SEC~I-0N 17, AND IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER L~'-SECTIDI~T'..1~M- Jj „~ TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AD~COUNTY;~IDAHa,- BEING ALL OF LOT 11 OF TAE AMENDED MAGIC VIEW SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE ADA COUNTY RECORDER, AND ADJOINING RIGHT-OF-WAYS; 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._r~al.- property described----------- A parcel of land situate in the Southeast quarter of the Northeast quarter of Section 17, and in the Southwest quarter of the Northwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lot 11 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, and adjoining right-of-ways being more particularly described as follows: Commencing at the East quarter corner of said Section 17; thence N 00°22'58" W, 151.05 feet along the Easterly boundary of said Section 17 to the Real Point of Beginning: Thence continuing N 00°22'58" W, 262.67 feet along the Easterly boundary of said Section 17 to the Southerly boundary extended of said Lot 11; Thence S 89°37'02" W, 709.05 feet along the Southerly boundary extended and the Southerly boundary of said Lot 11 to the centerline of Allen Street; Thence N 00°22'58" W, 336.35 feet along the centerline of Allen Street to the centerline of Magic View Drive; ANNEXATION ORDINANCE - JACRSONS FOOD STORES Page 1 { s Thence N 89°37'02" E, 709.05 feet along the centerline of Magic View Drive to the Easterly boundary of said Section 17; Thence N 00°22'58" W, 571.28 feet along the Easterly boundary of said Section 17 to the Southerly boundary extended of Montvue Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence S 89°27'31" E, 69.59 feet to the intersection of the South line of said Montvue Park Subdivision and the Easterly right-of-way of Eagle Road; Thence 342.87 feet along the Easterly right-of-way of Eagle Road along a curve deflecting to the right with a radius of 5,799.58 feet, a central angle of 03°23'14", a long chord of 342.82 feet and a long chord bearing of S O1°58'27" W to a point of reverse curvature; Thence 432.63 feet along the Easterly right-of-way of Eagle Road along a curve deflecting to the left with a radius of 5,659.58 feet, a central angle of 04°22'47", a long chord of 432.52 feet and a long chord bearing of S O1°28'41" W; I -- Thence N -89 ° 17' 30" R~ - 5.00 -feet Tong the Easterly_ right-- =of-way of Eagle Road;:: ____ _ -- __ thence S 00°42'42" E, 394.41 feet along the Easterly right-of-way of Eagle Road; Thence S 89°37'02" W, 48.69 feet to the Real Point of Beginning. Comprising 6.865 acres, more or less. 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 onlp 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: ~~ ANNEJCATION ORDINANCE - JACRSONS FOOD STORES Page 2 ,'~ • a. That the Applicant will be required to connect to Meridian water and sewer 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 adopted January 4, 1994. 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 into the subdivision of the requirements of 11-9-605 C, G 1., H, K, L and M 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 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.~ M 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 and meet the Ordinances of the City of Meridian. 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. PASSED by the City Council and approved by the Mayor of the City of Meridian;•••Ada County, Idaho, this ~ day of September, 1995. APPROVED: a ANNEXATION ORDINANCE - JACKSONS FOOD STORES Page 3 • ATTEST: MAYOR -- GRANT P . RI1J~~~~'~RD WILLIAM G. BERG, JR. CYTY CLERK STATE OF IDAHO,) ss. County of Ada, ) ~ i1~ ,'y~i ~, ;~ ~ ~ORp~ Ttr ~ ~~% v s ~~~~ 9` heb~ 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 PARCEL OF LAND SITUATE IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, AND IN THE SOUTHWEST QUARTER OF THE NQRTHWEST QUARTER--OF::~~ECTION _16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING ALL OF LOT 11 OF THE AMENDED MAGIC VIEW SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE ADA COUNTY RECORDER, AND ADJOINING RIGHT-OF-WAYS; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 714 , ~b~~he City Council and Mayor of the City of Meridian, on the -,~~--- day of September, 1995, as the same appears in my office. DATED this -~-=r .- day of September, 1995. \~,\,uui~~fJ;,, ,.~` G~ `~o~c~3.~, o, ~ ~-. F ~G rv .y, C~ ~' ,,o .~ O, ~~/ ~ ^ ~Y ~ `~~~ ' ~/~ C1 ~ ~ \\\ JJJJJIi!lll~:tlli\\\ t '~„"/f City Clerk, City of M ridian Ada County, Idaho ANNEXATION ORDINANCE - JACRSONS FOOD STORES Page 4 j ~ STATE OF IDAHO,) ss. County of Ada, ) • On this ~~~t day of , ~~~,`r"-~ltt'' , 1995, 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. ~~~~errtttt~,,~ SEAL -~e~,~'`'-~ L' ~i~ e~,i ~, ;_ _ ~,de}`~~Y ~~y o a .o G ~~r- "~ Ug~~ ~° ,, :: ~~ ~^ ~ i~ Ir ,~ ~///111111~~ . Public for Ida g at Meridian, fission Expires Idaho D ANNExATION ORDINANCE - JACRSONS FOOD STORES Page 5 ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 5th day of September , 1995. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED_ G~ VOTED VOTED l~~ VOTED (INITIAL) APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON FOOD STORES ANNEXATION/ZONING ~• ~ ~ ~ • ~ ~!`O: 5505 W. Franklin. • Boise Idaho 133705- ~~ J 1055 .)acksons Food Stores RFCE~VED Eagle Road and Magic wew Drive Annexation Description S F P 1 3 1995 September 11, 1995 ~ ~Y ~ Prepared ey: J. Canning, PE/PLS 4116 A parcel of land situate in the southeast quarter of the northeast quarter of Section 17, and in the southwest quarter of the northwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada Courtly, Idaho, being all of Lot 11 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, and adjoining right-of-ways; being more particularly described as follows: Commencing at the east quarter comer of said Section 17; thence N00°22'58"W, 151.05 feet along the easterly boundary of said Section 17 to the Real Point of Beginning: Thence continuing. N00°22'58"W, 262.67 feet along the easterly boundary of said Section 17 to the southerly boundary extended of said Lot 11; Thence S89°37'02"W, 709.05 feet along the southerly boundary extended and the southerly boundary of said Lot 11 to the centerline of Allen Street; Thence N00°22'58"W, 336.35 feet along the centerline of Allen Street to the centerline of Magic View Drive; Thence N89°3T02"E, 709.05 feet along the oenterline of Magic View Drive to the easterly boundary of said Section 17; Thence N00°22'58"W, 571.28 feet along the easterly boundary of said Section 17 to the southerly boundary extended of Monivue Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, Thence S89°2T31"E, 69.59 feet to the intersection of the south line of said Montvue Park Subdivision and the easterly right of--way of Eagle Road; Thence 342.87 few along the easterly right of-way of Eagle Road along a curve deflecting to the right with a radius of 5,799.56 feet, a central angle of 03°23'14",along chord of 342.82 feet and a long chord bearing of S01 °58'27"W to a point of reverse curvature; Thence 432.63 feet along the easterly right-of-way of Eagle Road along a curve deflecting to the left with a radius of 5,659.58 feet, a central angle of 04°22'47",along chord of 432.52 feet and a long chord bearing of S01 °28'41 "VV; Thence N89°1 T30"E, 5.00 feet along the easterly right-of-way of Eagle Road; Thence S00°42'42"E, 394.41 feet along the easterly right-of-way of Eagle Road; Thence S89°3T02"W, 48.69 feet to the Real Point of Beginnin Comprising 6.865 acres, more of less. I~i:~ ~1I6 ~i~-'S 4 o~ °, g. ~-~ SEP 13 '95 15 25 PAGE.02 ~ s MERIDIAN CITY COUNCIL MEEtING: SEPTEMBER 5.1995 APPLICANT: JACKSON FOOD STORES ITEM NUMBER; 20 REQUEST;ANNEXATION20NING OF 4.5 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 OF 6-13-95 P 3s Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCtUSlONS OF LAW Q J "REVIEWED" ~~/" SEE ATTACHED COMM 11~TS V V 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: pp~~~ k~ ~~~_ W,. SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: Materials presented at public meetings shall become property of the City of Merblian. ~! Meridian Planning & Zoning Commission June 13, 1995 Page 33 Johnson: Any comments you would like to add to that Shari? Stiles: I guess the only comment I would make to add to that is the conditional use permit is to be a detailed plan of the development. It is not simply just an overall variance from every ordinance we have. If they want certain setbacks things like that they need to detail that. The ordinance actually requires that a conditional use permit for a planned development would have drawings of the architectural style and the building design. The building materials and colors, landscaping, sa-eening, garbage areas, parking, everything. To show a planned development and typically we have considerably more detail then just another copy of the preliminary plat to serve as a conditional use permit. That is the reason that people will apply for a planned development so they have a little flexibility and can make their wishes known and say this is our plan and this is really what we want to do. A conditional use permit also once you submit that conditional use permit is pretty specific and is something that needs to be adhered to as it is approved. Johnson: It kind of works both ways to sum it up it gives the developer more flexibility it also gives the City more control as things progress. That is the best I've got for you right now. Anybody else? I will close this public hearing then. What action would you like to take on the conditional use permit request? Rountree: Mr. Chairman, I will make a motion that we table this item until we have annexation and zoning findings of fact prepared. Hepper: Second Johnson: We have a motion and a second for tabling this item until findings of fact and conclusions of law have been received, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.5 ACRES TO C-G BY JACKSON FOOD STORES: Johnson: We are re-opening this hearing, do we need to go through that again? Crookston: No Johnson: If you would like to come forward Mr. Binning we can continue where we left off, we are re-opening the public hearing at this time. Meridian Planning & Zoning Commission June 13, 1995 Page 34 Johnson: Where we left this was that we paused to give you an opportunity to review the comments made by the City and now we would like to see what your reaction is to those suggestions. Binning: Thank you Mr. Chairman, we are favorable toward all of the comments and departments. Johnson: There aren't any there you would have a problem with? Binning: None Johnson: Are there any further questions of the applicant? Rountree: You indicated you will just be looking at food and fuel service, no car wash or anything of that nature? Binning: No sir, there is nothing planned of that nature, there are no plans for a car wash, it is a convenience store and gasoline sales. We call it a travel center because it is a little bit larger than the store that would be over on Fairview and because of its proximity to the Interstate it is what the Texaco Brand calls those facilities is travel centers. Johnson: Any further comments from the Commissioners? This is a public hearing, is there someone that would like to come forward and address the Commission? Steve Benson, 875 South Allen, was sworn by the City Attorney. Benson: My parents are concerned primarily with this property Jackson property coming in and devaluing the price of their home there. I feel it would present more traffic problems, Eagle Road has enough traffic problems as it is. We feel that a convenience store, gas station thing is needed in the area but not there. We feel that St. Luke's being across the street it would be better to have other types of business other than a convenience store, gas station. That is it. Johnson: Thank you Mr. Benson, is there anyone else that has any comments for the Commission on this application? Randy Warden, 621 Allen Street, was sworn by the City Attorney. Warden: I guess I am pretty naive about what takes place as far as all of this is concerned. When a person buys into the subdivision we have covenants that state there is no commercial type things that is to go on there. We have rules and regulations to • • Meridian Planning & Zoning Commission June 13, 1995 Page 35 abide by and I was wondering, how can someone supersede that is that just something that is unwritten that wasn't written in our deed and I guess I don't understand the whole thing. Johnson: That is a very good question and a lot of people have that same question, Mr. Crookston will be glad to explain to you how that can happen. He has the degree I don't. Crookston: The covenants apply to the property if it was in a subdivision and the covenants were initially adopted unless they have been modified since their adaption they are still enforced. The covenants however do not restrict a governmental entity from dealing with an application that may or may not be in violation of the covenants. The covenants probably indicate that they can be enforced by any property owner within the subdivision of if you have one a homeowners association they may even say someone else can do it. The covenants are not binding on the city or the county or any governmental entity. They are binding only upon the property owners within the subdivision to be enforced by them if that is their desire. Warden: I have a couple, I am pretty much against that because my property faces theirs and my house looks right across over into theirs. I looked at the portion that was going to be used and there is an unused portion that is across from me and if the whole thing is zoned commercial too, I was pretty concerned about what was going to be placed in that unused portion that is right directly across the street from my house. I have concerns about if there is going to be a light there coming into the access of Magic View. Does this open the door to other types of, splitting our properties or making subdivisions into the rest of the existing subdivision meaning splitting up, I have 5.5 acres, splitting that up. I think that pretty much covers it. Johnson: We will see if we can get you an answer before we close the hearing here. Hepper: Are most of the lots in that subdivision, is that a 5 acre subdivision? Warden: I think most of them are. Johnson: Is there anyone else that would like to offer something? Richard Moore, 3050 Magic View Drive, was sworn by the City Attorney. Moore: We were questioned just a shake ago on the covenants of the subdivision. I happen to be the first one in the subdivision, I am lot 2 of Magic View Subdivision. Those covenants did expire in 1993, this is why I bought out there in the first place. My intent, we were originally platted for a lot subdivision. My intent was in 1993 to go ahead and Meridian Planning & Zoning Commission June 13, 1995 Page 36 subdivide then. Things have changed a little bit so that isn't going to happen. Personally, I will be right across from Jackson's but I will be very happy about it to see the whole thing go commercial myself. The covenants have expired totally now. Johnson: Is there anyone else? I will close the public hearing at this time, except 1 better leave it open and ask Mr. Binning if you have any comments, additional comments since we received that testimony. Anything you would like to comment on Wayne or Shari? Randy brought up a couple of things and I just was hoping one of you might comment on his question regarding whether that opens the door for further development. I believe is the way he phrased. The covenants have expired, I don't know how covenants expire and if they do that is perhaps a valid question. Crookston: Most covenants indicate that they last for a period of years which can be, I have seen them anywhere from 20 to 30 years then many of them state that they go on for additional 10 year increments. Most of them have procedures by which they can be amended or revoked. The question is to whether or not that opens, allowing this use whether that opens for any other uses it just depends totally on the covenants and whether or not they are enforced and whether or not they are still in effect and what the property owners who own the property want to do with their land. There is no necessary indication that approval or denial of thPs application means anything in any other application. Johnson: Thanks Wayne, any further discussion? Rountree: One other point was brought up, it would be a question (End of Tape) what is proposed or what is contemplated for the remainder of the parcel that is going to be annexed or if the application addresses annexation. Johnson: That is the other part that I forgot, I could not remember. Come up and tell us if you know what is going to happen to that, it is a legitimate question. Binning: I don't know of any plans for this site. It is a case of a very specific requirements on the part of Texaco brand for a facility, we have to comply with their design criteria. We meet that design criteria for this facility utilizing only that portion of the property. So we don't have any plans for the remainder because it is unneeded for this development. I am sure that there is a potential there for someday some type of expansion into that area but for right now there isn't anything in our program for that. Hepper: What is on the property immediately to the south, it would be Lot 12? Binning: It is a vacant corn field. . ,. ~ i Meridian Planning & Zoning Commission June 13, 1995 Page 37 Johnson: Okay thank you. At this point then I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law. . Rountree: Second Johnson: It is moved and seconded we have the City attorney prepare findings of fact and conclusions of law on the annexation and zoning request for Jackson Food Stores, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRAVEL CENTER BY JACKSON FOOD STORES: Johnson: I will now open the public hearing, is there any additional comments that you have Mr. Binning? No additional comments at this time, anyone from the public that would like to ask questions on this? Or have a thought or a comment? Seeing no one then I will close the public hearing. I guess I have one question, I am just a little confused, is there any difference between 9 and 10 since travel center is only mentioned in number 10 or is that just the way we made up the agenda. Is there any difference between what you are doing and a travel center, this just happens to be called a travel center because you are located near the interstate. So we are not getting into something different, it is still a convenience store. I just wanted a clarification on that for the record. I have closed the public hearing, is there any discussion here? What would you like to do with it? Would anybody like to do anything with it? Shearer: I move we have the attorney prepare findings for item #10. Crookston: We normally don't do findings until you have acted on the annexation. Johnson: You can make any motion you want. You want to alter or withdraw your motion or continue, what do you want to do? You have the floor Mr. Shearer. Shearer: Well, there isn't an awful lot of opposition to this. It seems kind of ridiculous to drag it out for 60 days, we will have to have findings eventually won't we? Johnson: Yes, and so there is no second it dies for the lack of a second. Anyone else have any motions? OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: June 7, 1995 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer ~ ' Re: JACKSON FOOD STORES, INCORPORATED (Annexation & Zoning /Conditional Use Permit) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING 1. This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, which was annexed and zoned L-O by Ordinance No. 659 in August 1994. A legal description for annexation was not included in the application. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent Public Rights-of--Way contiguous to the Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94), and 1/2 of all other adjacent Public Right-of Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. To provide adequate pressure to this site and to St. Luke's West site we need to construct a pressure boost station. CONDITIONAL USE • GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. • • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN ROBERTD.CORRIE WALT W. MORROW P 6 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 M M SHEARERI Phone (208) 888433 • FAX (208) 887-4813 CHARLIE ROUNTREE Public Works/Building Department (208) 887-2211 TIM HEPPER GRANT P. KINGSFORD Mayor JACgSONS.P&Z • • Mayor, Council and P&Z June 7, 1995 Page 2 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D. 4 and 11-2-414. D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). All site drainage shall be contained and disposed of on- site. 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D. 3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 8. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 9. Provide sidewalks in accordance with City Ordinance Section 11-9-606. B. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. • SITE SPECIFIC COMMENTS: Sanitary Sewer service to the proposed site could be to the sewer line being installed in Magic View Drive directly adjacent to the north. 2. Water service to the proposed site could be to the water line being installed along the easterly side of S. Eagle Road. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. This information is very critical for determining the water serviceability of this proposal. Crossing Eagle Road for connection would need to be approved by ITD and the crossing would need to be made by boring. 7ACKSONS.P&Z • Mayor, Council and P&Z June 7, 1995 Page 3 3. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. JACKSONS.P&Z • ~ HUBOFTREASUREVALLEY OFFICIALS COUNCIL MEMBERS. WILLIAM G. BERG, Jr., City Clerk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUAR7, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. P 6 ZCOMMISSION DENNIS J. SUMMERS, Parka supt. 33 EAST IDAHO JIM JOHNSON, Cnalrman SHARI S. STILES, P & Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 8874813 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney public Works/Building Department (208) 887-2211 TIM HEPPER GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planninc'~ ping Commission, Mayor and Council FROM: Sharl L. Stiles, Planning & Zoning Admlmstrator DATE: June 8, 1995 SUBJECT: Annexation and Zoning with a Conditional Use Permit for Jackson Food Stores - Eagle Road Application for annexation and zoning of C-G complies with the Meridian Comprehensive Plan. A 35' landscape setback is required along Eagle Road beyond ITD right-of--way as a condition of annexation. Area shown as sod is not to be replaced with bark, rock, etc. 2. Continuation of the sidewalk is required along Eagle Road. If ITD will not grant a permit to build in their right-of--way, the sidewalk must be transitioned and provided on developer's property. 3. Additional parking spaces are required. City Ordinance requires one space per 200 square feet of gross floor area. 4. Provide Zoning Administrator with total paved area calculation. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. Consideration for nearby residential sites must be made during construction (fencing, hours of construction, etc.). Landscaping should be considered along westerly portion of developed area to screen facility from view. 7. A development agreement is required as a condition of annexation, particularly since no plans are shown for the remainder of the parcel. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN JACItSON FOOD STORES, INC. ANNE:ATION AND ZONING LOT 11 OF MAGIC VIEW SUBDIVISION 625 NORTH EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 13, 1995, at the hour of ?:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through the Architect, Dale Binning, 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 said public hearing scheduled for June 14, 1954, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 13, 1954, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACRSON Page 1 • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4.5 acres in size. 3. That the property is presently zoned by the county as R- T; that the Applicant requests that the property be zoned C-G General Retail and Service Commercial (C-G); that the specific use for the property will be for a Jacksons Travel center, providing food and fuel service. 4. That the property is located on Eagle Road just north of Interstate I-84; that the property immediately to the south is a vacant corn field; that the application complies with the Meridian Comprehensive Plan. 5. That Jacksons Food Stores, Inc. is the record owner of the above referenced property and has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. 6. That Dale Binning testified that this facility will be a food and fuel service travel center with no plans for a car wash; that there are no specific plans for the use of the remaining parcel at this point; that it is not needed in order to comply with the design criteria for this development. 7. That Steve Benson testified that approval of this application would devalue his home and he feels this will present more traffic problems; that with St. Luke's being across the street, another type of business other than a convenience store, gas station, would be better. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 2 ' t • 8. That Randy Warden testified regarding the covenants of the subdivision; that the Meridian City Attorney, Wayne G. Crookston, Jr., explained that covenants are binding only upon the property owners within the subdivision, to be enforced by the them if that is their desire, but covenants do not restrict a governmental entity from dealing with an application that may or may not be in violation of the covenants; that Mr. Warden stated that he is against this application; that his property looks right across the street at the unused portion and that he is concerned whether there will be a light at the access of Magic View Subdivision; that his concerns involve what will go in there and ii this will open the door to other types of businesses and if this will mean splitting up those homeowners' properties or making subdivisions into the rest of the existing subdivision. 9. That Richard Moore offered his testimony; that he stated that the covenants have expired, which is why he purchased in 1993; that he will be across from Jackson's and is glad to see this ga commercial . 10. That the Meridian City Planning Director, the City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department and the Nampa Meridian Irrigation submitted comments and they are incorporated herein as if set forth in full; the Applicant's representative stated at the hearing that they had no problem with the comments from the departments. 11. That Gary Smith, City Engineer, and Bruce Freckleton FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 3 • Assistant to the City Engineer, submitted comments; that a legal description shall be submitted for the proposed site and shall include all those portions of adjacent Public Rights-of-Way contiguous to the Corporate City Limits of the City of Meridian and 1/2 of all other adjacent Public Right-of-Ways, and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho and shall conform to all the provisions of the City of Meridian Resolution No. 158; that water service is contingent upon positive results from a hydraulic analysis; that the construction of a pressure boost station may be needed; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; that the high seasonal ground water needs to be determined and a profile submitted on the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residentials; that all signage shall be in accordance with Meridian City Ordinances; that off- street parking paving and stripping, a drainage plan, sidewalks, and signage shall all be provided in accordance with City Ordinances; that all construction shall conform to the requirement of the Americans with Disabilities Act; that sanitary sewer service FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 4 • could be to the sewer line being installed in Magic View Drive directly adjacent to the north; that water service to the proposed site could be to the water line being installed along the easterly side of S. Eagle Road and that assessment fees for water and see,~er service are determined during the building plan review process; that Late Comers fees will also be charged on installing the wafer and sewer mains to help reimburse the parties responsible for installing. 12. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that a 35 foot landscape setback is required along Eagle Road beyond Idaho Transportation Department right-of-way, as a condition of annexation; that the area shown as sod is not to be replaced with bark, rock, etc.; that continuation of the sidewalk is require along Eagle Road; that additional parking spaces are required. City Ordinance requires one (1) space per 200 square feet of gross floor area; that the total paved area calculation ae provided to the Zoning Administrator; that landscaping should be considered along westerly portion of developed area to screen facility from view of nearby residential sites and consideration for nearby residents made during construction; that a development agreement shall be required as a condition of annexation, particularly since no plans are shown for the remainder parcel. 13. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District, Water Department and U. S. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 5 • West; that all such comments are incorporated herein as if set forth in full. 14. That the Meridian City Water Superintendent commented as to whether or not city water was being requested and if so what the service requirement would be for the building and/or fire hydrants. 15. That U S West commented that the standard easement requested of 10 feet of front lot line easement from right-of-way on Magic View and 10 feet along Eagle Road. 16. That the Ada County Highway District (ACRD) submitted site specific requirements and they are incorporated herein as if set forth in full which include constructing two (2) 30-foot wide curb return driveways on Magic View Drive; that the eastern driveway shall be located a minimum of 85-feet west of the Eagle Road right-of-way and the western driveway shall be located a minimum of 125-feet west of the eastern driveway; dedicate an additional 30-feet of right-of-way from the centerline of Magic View Drive abutting parcel (5 additional feet); dedicate a 15'x 15' triangle (or appropriate curve) of right-of-way at the corner of Magic View Drive and Eagle Road abutting parcel to keep the street improvements in the public right-of-way; comply with requirements of the Idaho Transportation Department for State Highway 55/Eagle Road frontage; locate proposed signs out of the public right-of-way and out of clear-vision sight-triangle of all street and driveway intersections. 17. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 6 • • 18. 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. 19. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon positive results from a hydraulic analysis by the City's computer model. 20. 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 commercial uses. 21. That the land is in a Mixed/Planned Use Development in the Meridian Comprehensive Plan and the following pertinent statements are made in the Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 7 • • 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL POLICIES, Page 26 a. 4.4U Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. b. 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. c. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 8 • d. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 5. MIXED-PLANNED USE DEVELOPMENT, Page 27 These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. a. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. b. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. c. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. d. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. e. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 9 • • residential areas, including noise and traffic reduction. f. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. g. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. h. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. i. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. I-84 is listed as a principal arterial b. Eagle Road, North of Overland Road is listed as a Principal Arterial. D. Under COMMUNITY DESIGN, at Page 72 1. Entryway Corridors c. Eagle Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage landscaped setbacits for new development on entrance corridors. The City shall require, as a condition of development approval, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 10 • landscaping along all entrance corridors. 4. Quality of Environment Goal Statement, Page 73 Sustain, enhance and promote those elements which contribute to the quality of local environment as are inducement for liveability and business development in Meridian. 5. Policies a. 5.1U Preserve the aesthetic natural resources of the Meridian area. b. 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. Neighborhood Identify Goal Policies, Page 74 a. 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. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 24. That Section 6.3, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 11 • Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas bzr innovative land use planning techniques." 25. That the property is included within an area designated or. the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 26. 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: jC-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. 27. 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 Convenience Stores, are not listed as allowed uses in the General Retail and Service Commercial {C-G) district, but as conditional uses; that Service Stations and Retail Stores are listed as allowed uses in the General Retail and Service Commercial (C-G) district. 28. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 12 • "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." 29. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 30. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 13 • • 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. 31. 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. 32. 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 (10') wide." 33. 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 (20') wide, and shall not be a part of the normal street right of way or utility easement." 34. That Section 11-9-605 H 2. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 14 • "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;" 35. That Section 11-9-605 K 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; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 36. 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." 37. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 15 • "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;" 35. That Section 11-9-605 K 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 withir. 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." 36. 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." 37. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 15 "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. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 38. 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 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City 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. 3. 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. 4. That all notice and hearing requirements set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 16 • Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. 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. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. 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). 9. 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 and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACRSON Page 17 • on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has stated its intention as to development, which is to provide a convenience store and gasoline sales; it is therefore concluded that since convenience stores are only allowed in the C-G District as conditional uses, as a condition of annexation and zoning, that such use or development of the property shall only be allowed as a conditional use. 13. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed=Use Area at Franklin, Overland/I-84 Mixed Use Policies, in 5.14U, states that all development requests will be subject to development review and conditional use permitting procedures and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process and Applicant has applied for a conditional use. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 18 • only capable of being under the conditional use permit process. 15. That, as a condition of annexation and the zoning of C-G, 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, among other things, the following: 1. Inclusion into the development of 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. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 19 • • Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall 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 the above section does state that the development agreement shall take effect upon the adoption of the ordinance annexing and zoning the parcel but since no development agreement has been agreed on, or even discussed, and it has been found that such agreements are more effective and workable prior to construction permit, it is concluded that the development agreement shall be entered into prior to issuance of a building permit. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 18. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 20 • Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. That the Applicant will 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. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. 23. That if these conditions of approval are not met, the property shall not be annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 21 • ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) E ~~K!~~t{~~af~~ ~F~F~•~J CJ G VOTED VOTED VOTED -~L~ VOTED Q- y ~V . VOTED The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JACKSON Page 22 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty 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, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRtNGTON ROBERT 0. CORRIE WALT W. MORROW P fi 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 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6. 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Annexation and zoning to C-G BY: Jackson Food Stores, Inc. LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision, 625 North Eaale 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 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REM~Q-RK$: ~~~_ e a~ ~ '3 F' ` „ti,4 t X15 i OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Englnaer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Weter Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, FlreChlef W. L. "SILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b 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: June 6, 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Annexation and zoning to C-G BY: Jackson Food Stores, Inc. LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision, 625 North Eagle Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 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 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~ ~~` 9.S- YOUR CONCISE REMARKS: ~ ~ S ~ ~` LL ! ~ O ~ 4s i t 1ti /y1.Q. r i C~ r ~ hJ r. F~~.1 ig G111~Jt2- Return to: ~% ~ ~.~ ^ Boise J~~ © i ~~~~ ^ Eagle Rezone # ~ ^ Garden city ~ ji~~Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ~~4-c%~~i/ ~O~ cS'T02E,$ ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can 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 B 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: ,lamcentral sewage ^ community sewage system ^ community water ^ sewage dry lines central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. 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 15. ST~3i2M w~Tr/'rt /~tA nl~Ftenlr' CJ2-I~la ~ S A~G~1~ Date: ~_/ 3D / ~~ Reviewed By: ?`. e M~ CENTRAL CEI~T~AL DISTRICT HEALTH DEPAR~ENT •~~ DISTRICT Environmental Health Division 'tl'HEAETH ~~: DEPARTMENT Review Sheet CDND ID/91 rcb, rev. I/95 CENTRAL •~ QISjRICT ptt'HEALTH DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL • BOISE. ID. 83704-0825 • (208) 375.5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT REC011~IlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc. , for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ada / lase County Office WIC lase • tMritlon fJrnon Canty OAkr+ f3rnon Canty Ofla VaNy CouNy OAfn ~7 N. ~~9 p• 1606 Robert Sf. 520 E. 8th Sheet N. d FmirarnMfal fbatlh P.O. lox 1448 ~. 0. 83If14-0825 Bose. ID. !3705 Mantmn Home. ID. 190 S 4th Sheet E. rtACCoL 0.83638 Erniro. Heath: 327.7499 Ph. 334-3355 83647 Ph 587.4407 Motntain Home. ID. Ph. 6347194 FarNY Plonrw~q 327.7400 324 Meritlion Rd. 83647 Ph.587-9225 Irtvrxn¢atkxtix 32).7450 A4eridian ID. 83642 Nuhifbn: 327.7460 , Ph. 888525 YVIC: 317.7488 • OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enylneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASU • RE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN ROBERT D. CORRIE WALTw.MORROW P b Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAH083642 MOEALIDJANI JIM SHEARER Phone (208) 888433 • FAX (208) 887-4813 CHARLIE ROUNTREE Public Works/Building Department (208~1~ r,--.y ~ ~ ~,r_~ 17 ~=_ TIM HEPPER :~~IJ r L~~ ~ GRANT P. KINGSFORD Mayor ° , r , ,.., ._ ~. f+ ~ ~ TRANSMITTAL TO AGENCIES FOR COMMENTS 1~-~~I~I'l~ENT 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: June 6, 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Annexation and zoning to C-G BY: Jackson Food Stores, Inc. LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision, 625 North Eagle Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 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 8< FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the annexation and zoning request by Jackson Food Stores, Inc. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~~ ts± -,r t • • Meridian Planning ~ Zoning Commission July 11, 1995 Page 13 Johnson: Any decision or recommendation you wish to pass onto the City? Rountree: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the conclusions for the property described with the conditions set forth in the findings of fact. Shearer: Second Johnson: It has been moved and seconded we pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR WHITESTONE ESTATES SUBDIVISION BY WHITESTONE ESTATES PARTNERSHIP: Johnson: What action would you like to take on the preliminary plat? Hepper: Mr. Chairman, I move we recommend approval of the preliminary plat. Rountree: Second Johnson: Moved and seconded that we recommend to the City Council approval of the preliminary of Whitestone Estates Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 4.5 ACRES TO C-G BY JACKSON FOOD STORES: Johnson: Any comment regarding these findings of fact as prepared by the City Attorney? Hepper: There is a typo on page 21, on the approval of the findings of fact, after city the word "Council" should be stricken. Johnson: Can we have a motion regarding the findings of fact? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact. - • . Meridian Planning & Zoning Commission July 11, 1995 Page 14 Rountree: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Hepper: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact, including that the applicant enter into a development agreement prior to issuance of a building permit. If the applicant does not agree with these findings of fact and is not agreeable with entering into a development agreement the property should not be annexed. Rountree: Second Johnson: Moved and seconded to send the recommendation onto the City Council as written all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: CONDITIONAL USE PERMIT FOR A TRAVEL CENTER BY JACKSON FOOD STORES: Johnson: This is the conditional use, what action would you like to take? Crookston: There needs to be findings on this, findings were not prepared because no action on the annexation findings had been adopted. Rountree: Mr. Chairman, I make a motion we have findings prepared on the request for a conditional use permit. Hepper: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit for a travel center by Jackson Food Stores, all those in favor? Opposed? • • .. - Meridian Planning & Zoning Commission June 13, 1995 Page 8 ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF C-G FOR .65 ACRE BY LEANN LONGSON: Johnson: Any discussion regarding these findings of fact as prepared by our City Attorney? Shearer: l move the Meridian Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded that we approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant agree that the development of the property will be done as a commercial planned unit development and that the applicant enter into a development agreement as outlined in the conclusions of law prior to the annexation. That if the applicant is not agreeable with this developing the property under the planned use provision and entering into the proposed development agreement it is recommended that the property not be annexed. Rountree: Second Johnson: We have a motion and a second to pass a recommendation onto the City as stated by Commissioner shearer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.5 ACRES TO C-G BY JACKSON FOOD STORES: Johnson: At this time I will open the public hearing and invite the applicant or his representative to come forward and address the Commission. • • Meridian Planning & Zoning Commission June 13, 1995 Page 9 Dale Binning, 756 North Megan Place, Boise, was sworn by the City Attorney. Johnson: You can in just capsule form tell us what you want to do, which is helpful for the audience also for us and we may have some questions of you. . Binning:. Our application was the annexation of the property to the city limits and a request for rezone to general commercial. In conjunction with a conditional use permit for a travel center which would be fuel service and food service, food store. Johnson: Are there any questions of the applicant at this point by the Commission? Hepper: Have you seen the comments from Shari Stiles, the Planning and Zoning Administrator and Gary Smith the City Engineer? Binning: No, I haven't received a packet yet. Johnson: Well, it might be to your advantage to get your hands on those as soon as possible. I don't know the date they were prepared, we have had them for a little while. They are quite lengthy as I recall are they not. Hepper: Yes Binning: I would have been the one that was called to pick them up and I wasn't called. Johnson: They may be mailed, I don't know the program. It appears we called Jackson Food Stores, in any event you need to get your hands on those as soon as possible. Those get pretty specific and are important and you need to see if you can comply with them or not. It is kind of hard for us to respond if we don't know how you feel about what we want you to do. Unless you want a blanket say we will do everything we ask you to do. Binning: I don't know, t was expecting to be able to get a copy of the packet this evening. Johnson: Here is an extra set, they are quite lengthy you need to review these. Binning: Would I be able to review these and come back up. Johnson: What I would like to do is see if the Commission would approve that if maybe we could go on with a couple of the other items and come back to Jackson Food Stores, anyone have any objection to that at this time? Does anyone in the audience have any objection to that, if we go on with a couple items so he has an opportunity to review those. We will re-open this hearing. • • MERIDIAN PLANNING & CONING COMMISSION MEETING: JUNE 13.1995 APPLICANT: JACKSON FOOD STORES AGENDA I TEM NUMBER: 9 REQUEST: REQUEST FOR ANNEXATION20NING OF C-G FOR 4 5 ACRES 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: ~~Z~11~iL~il~~ 1~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS n /Y~ ~' V n C I'~~ V OTHER: ~!j Materials presented at public meetings shall become property of the City of Meridian.