HomeMy WebLinkAboutMoore, W.H. (Valley Central Market Place) PPHUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT. Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 8 Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL° GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
GRANT P. HINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8z Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by:~ptember 5. 1995
TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95
REQUEST: Preliminark,Plat for Valley Center Market Place
BY: W H Moore Company
LOCATION OF PROPERTY OR PROJECT: North Overland Road and West of
Meridian Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P2
CHARLES ROUNTREE, P2
_TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8~ 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 8 FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
A Good Place to Live
CITY O~ MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehiclc/Drivers License (208) 888-4443
S t
t REQUEST FOR SUBDIVISION APPROVAL
PR I AR A D/ F
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval must be in the City Clerks possession no
later than three days following the regular meeting of the Planning and Zoning
Commission.
The Planning sand Zoning Commission will hear the request at the monthly meeting
following the month the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly
meetings provided the necessary procedures and documentation are received
before 5:00 P.M., Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision, Valley Center Market Place
2. General Location, SE 1 /4 Section 13. T.3N.. R 1 W.
3. Owners of record, Tower Associates
Address, f54 Madison Ave.. New York. N.Y. ,Zip 10021 Telephone~212) 935-1331
4. Applicant, W.H. Moore Company Address, $150 Emerald. Ste. 140. Boise. Id 83704
5. Engineer, Stan McHutchison Firm Briggs Engineering. Inc.
Address, 1111 S. Orchard. Ste. 600. Boise. Id Zip 83705 Telephone 344-9700
6. Name and address to receive City billings: Name W.H. Moore Com any
Address 8150 Emerald. Ste. 140. Boise.. Id 83704 Telephone 323-1919
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres 39. 6
2. Number of lots ?~
3. Lots per acre 1.33
(1)
' 4. Density per acre
5. Zoning Classification(s) C.~
6. If the proposed subdivision is outside the Meridian City Limits but within the
jurisdictional mile, what is the existing zoning classification 20.67 ACAnnex/Rezone
requested 3/14/95
7. Does the plat border a potential green belt Possibly (Ten Mile Creek)
8. Have recreational easements been provided for Existing sewer easement along
Ten Mile
9
10
Are there proposed recreational amenities to the City N~
Explain
Are there proposed dedications of common areas?
Explain
For future parks? Explain
11. What school(s) service the area Meridian School District, do you propose any
agreements for future school sites No,
Explain
12.
Other proposed amenities to the City n r I Water Supply
Fire Hydrants Fire Department Central Sewer, Other ,
Explain
13. Type of Building (Residential, Commercial, Industrial or combination) Commercial
14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other N~
15. Proposed Development features:
a. Minimum square footage of lot(s), 39.200
b. Minimum square footage of structure(s), N/A
c. Are garages provided for, ~ square footage N/A
d. Are other coverings provided for N/A
e. Landscaping has been provided for ,Describe Landscaping will be
addressed with a developmental plan (CU)
f. Trees will be provided forte ,trees will be maintained N/A
(2)
r ,
t
9•
h.
i. Are there special set back requirements Yes
Explain Described in proposed development agreement
j. Has off street parking been provided for .Y~ Explain The development
will accommodate on site parking
k. Value range of property N/A
I. Type of financing for development N/A
m. Protective covenants were submitted No, Date Will be submitted prior to final
>la
16. Does the proposal land lock other property Nom,
Does it create Enclaves No.
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required
by Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City grid system.
Sprinkler systems are provided for N/A
Are there multiple units N/A, Type_
Remarks
(3)
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DESCRIPTION OF
PARCEL 1
FOR TOWER ASSOCIATES
October 20, 1994
A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described
as follows: '
Commencing at a brass cap marking the southeast comer of Section 13, T.3N., R.1W., B.M.,
thence N 89°46'23" W along the south line of said Section 13, 1309.44 feet to the Southeast comer
of the SW 1/4 of the SE 1/4 of said Section 13, the Real Point of Beginning of this description;
Thence continuing along said south line N 89°46'23" W 799.58 feet to a point;
Thence N 0°31'11" E 19.24 feet to a point;
Thence N 1°03'11" E 340.95 feet to a point;
Thence N 0°13'37" W 229.32 feet to a point;
Thence N 0°38'59" E 228.87 feet to a point;
Thence N 1°19'50" W 21.81 feet to a point;
Thence N 0°31'11" E 292.20 feet to a point on the southerly right-of--way of I-84;
Thence S 89°33'35" E along said southerly right-of--way 385.48 feet to a point;
Thence continuing along said southerly right-of--way S 85°44'44" E 419.99 feet to a point;
Thence S 0°46'49" W 1101.44 feet to the Real Point of Beginning of this description.
Said parcel is subject to a Kennedy Lateral easement and Overland Road right-of--way and other
easements of record or of use.
Said parcel contains 20.67 acres, more or less, of which 0.46 acres is right-of--way.
Michael E. Marks, L.S. -
930912
DESCRIPTION OF
PARCEL A/B
FOR TOWER ASSOCIATES
October 20, 1994
A parcel of land located in the SE 1/4 of the SE 1/4 of Section 13, Township 3 North,
Range 1 West of they Boise Meridian, Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the southeast corner of Section 13, T.3N., R.1 W., B.M., thence N
89°46'23" W 412.04 feet along the south line of said Section 13 (which is also the
centerline of Overland Road) to the Real Point of Beginning of this description;
Thence continuing N 89°46'23" W 897.41 feet to a point;
Thence N 0°46'49" E 1101.44 feet to a point on the southerly right of way of I-84;
Thence S 85°44'44" E 39.85 feet along the southerly right of way of I-84 to a point;
Thence S 46°46'12" E 34.20 feet to a point;
Thence S 67°45'31" E 350.76 feet to a point;
Thence S 60°10'33" E 194.73 feet to a point;
Thence N 45°33'43" E 17.75 feet to a point on the southerly right of way of I-84;
Thence S 46°28'17" E 134.62 feet to a point of curvature on the southerly right of way of
I-84;
Thence along a curve to the left 256.12 feet, said curve having a radius of 431.97 feet, a
central angle of 33°58'15", tangents of 131.95 feet and a chord of 252.38 feet which bears
S 63°27'24" E to a point;
Thence S 01°02'27" W 655.94 feet to the Real Point of Beginning of this description.
Said parcel contains 18.41 acres, more or less, and is subject to all existing easements
and rights of way.
Michael E. Marks, No. 4998
931017
STATEMENT OF COMPLIANCE
VALLEY CENTER MARKET PLACE
1. The proposed internal transportation facility will be a private drive. The construction will
be consistent with commercial developments where internal access is provided to
parking facilities adjoining the businesses. Typically, pedestrian facilities are provided
with walkways or other mechanisms. The applicant will need to provide additional
information to the City.
Ada County Highway District will require a 5 foot sidewalk along Overland Road. They
may request the applicant trust fund for the sidewalk and prohibit construction of the
facility. The City needs to take this information into consideration when placing
conditions of approval.
2. The westerly portion of the parcel is designated mixed planned use development. A
request for annexation and rezone was submitted and approved for C-G with a
development agreement. The easterly portion of the parcel is zoned C-G. The
subdivision application for the purpose of a commercial development is consistent with
the Comprehensive Plan and existing zoning designation of C-G. The applicant is
aware of the annexation requirement on the westerly portion which requires a planned
development or Conditional Use application for all uses.
3. The property abuts the Ten Mile Creek sewer interceptor. Therefore, sewer service is
available on the property. A 10-inch water main is currently located in Overland Road
and will require extension to the parcel's west boundary.
4. The proposed lots meet all standards set forth in the Meridian Zoning Ordinance.
5. All existing easements are shown on the preliminary plat. Any additional easements will
be addressed and delineated with the final plat.
6. No new public streets are proposed.
7. Existing uses and zoning in the subject property area:
North: Interstate 84 and vacant property, zoned RT
South: Single family residences and agricultural uses, zoned R-1
East: Commercial (Mr. Sandman Motel, JB's Restaurant and
Texaco Station, zoned C-G
West: Commercial (Mountain View Equipment, zoned C-3
950615
AFFIDAVIT OF LEGAL SERVICE
STATE OF IDAHO
COUNTY OF ADA
I, Jon H. Manc ester _, 654 Madison Avenue
(NAME) (ADDRESS)
New York ,~Tew York 10021 -
(CITY) ~ (STATE)
1. That I am a general partner of Tower Associates, the record owner of the
property described on the attached, and I grant my permission to
Wi ton H Moore , Qi s~ F*nP''ald Suite 140 (83704. P.O.
(NAME) Box 8204. Boise. Idaho R37~7-2204
(ADDRESS)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold Meridian City and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
Dated this 24th- day of arch , 192.
~1
(Signature)
Subscribed and sworn to before me the day and year first a ve written.
~ YYL
No Public for New York
My Commission Expires: _ 3
~~ S ®ew York
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WARRAN'PY DEED ,.. „*g~
THIS INDENTURE, made this 1st day of December, 1980, by.•:~..;;',._;.=~~~,:
;' .: .:.:~x~'
.~ti,;ar~'~.
and between TRIBUNE PUBLISHING C0t1PANY, IDIC., an Idaho corporation.;"_,,rs•Y. ,
party of the first part, and TOWER ASSOCIATES, a New York general .. ~'`' `;„+~•
ry,•:3
partnership, with offices at 8000 South Cole Road, Boise, ID 83709,±~:~: ~~:
:T~
party of the second part, ••
I4ITNESSETii : ~~• ``~-
That the said party of the first part, for and in con-
sideration of the sum of Ten Dollars ($10}, lawful money of the ~`~
United States of America, and other good and valuable considerations .;'..`'
to it in hand paid by the party of the second part, the receipt ~'~'•:
whereof is hereby acknowlec:ycd, has granted, bargained and sold, and ":..^4.
•'~.±!
by these presents does grant, bargain, sell, convey and confirm unto •~"`
the said party of the second part and to its successors and assigns
forever, all of the following-described real property, situate in
Ada County, State of Idaho, and particularly described as follows,
to-wit:
1, parcel of land l~inq in a portion of the St•F1/4 of the
SE1/4 of Section 13, Township 3 North, P.ange 1 t•:est,
Boise Meridian, Acia County, Idaho, and more particularly
described as Follows: •
BEGINNID'.G at a brass can ;racking the Southeast corner
of the said SE1/4 of Section 13; thence North 89°46'
50" t7est 1,309.45 feet along the Southerly boundary of
the said SE1/4 of Section 13, which is also the center-
line of Overland Road, to an iron pin marking the
Southeast corner of the said Swl/4 of the SE1/4 of
Section 13, also said point being the REAL POINT OF
BEGINNING: thence continuing North 89°46'50" West •
799.5E feet along the Southerly boundary of the said
St•;1/4 of the: SE1/4 of Section 13 to ar. iron pin; thence
North 0°30'44" East 1,132.34 feet along a line Easterly
of and parallel with the.Westerly boundary of the said
SW1/4 of the SE1/4 of Section 13 to an iron pin on the
Southerly right-of-way line of Interstate Highway 80N,
Federal Aid Project No. I-80N-1(12)37; thence South
89°34'02 East 805.47 feet along the said Southerly
right-of-way line of InterstarerIighwal 8011 to an iron
pin, on the Easterly boun~ary of the 5:91/4 SE1/4 of said
;,
_:
.:
~_ : ~.
,-
Sect~.on 13; thence South 0°46' 21" ~4est 1101.44 feet
along the said Easterly bounda-y of the Sill/4 of the
SE 1/4 of Section 13 to the PO:.P!'" OF EEGINNING.
TOGETHER with all and singt:lar the tenements, hereditaments
and appurtenances thereunto belonging car in any wise apperataining,
and the remainder or remainders, reversion or reversions, rents,
issues, claims and demands whatsoever of first party, either at law
or in equity, of, in and to the above-described premises.
And said party of the first part, for itself and for its
successors and assigns, does hereby covenant and agree to and with
said party of the second part, its successors and assigns, that at
the time of Lhc ensealino and delivery of these presents, they are
seized of the premises above convc::ed, in fee simple absolute, and
have good right, full power and lawful au~hority to grant, bargain,
sell and convey the same in manner acid form aforesaid, and that the
same are free anti clear of all former and other grants, bargains,
sales, liens, taxes, assessments and encu.^.ihrancc~ of whatsoever kind
or description, except reservations or exceptions in patents or in
acts authorizing she issuance thereof; water rights, and clai,~~s and
title to water; liens, levies and •isscssments of L-hc ::amps-:4cridian
Irrigation. District and the rights, porters and casc:~ents of said
District as provided by law; a Rigk:t-of-t•:ay -+yr^emc:nt, dated !arch
;, Instsu:acnt ::o. 55351, and
1, i9G3, recorded April 1~, 19G" as
recorded :day 22, 1963, as In::trument Alo. ~565G6, records of F+da
Counr_y, Idaho; a right-of-way for Overland Road over the southerly
25 feet of the above-described property; right-of-~.~ay for Kennedy
Lateral along the southerly boundary of the above-described property
and the rights of access thereto for maintc'rance of said lateral;
rights-of-way of two-loot concrete ditch over southerly portion of
the above-described property and irrigation and drainage ditches.
meandering across the above-described property and along the easterly
and northerly boundaries thcrecf.
,°
. s
.. iiF.
' O
And the above-bar.~.ained premises in quiet and peaceable
possession of said second party, its successors and assigns,
against all and every person or persons lawfully claiming or to
~~ claim the'whole or any part thereof, said first party, its successors
and assigns, shall and will WARRANT and forever DEFEND.
IN;tr'ITNESS WHEREOF, the party of the first part has here-
unto set its hand and seal the day and year first above written.
TRIBUNE PUBLISF~IING COMPANY, INC.,
• % ~•~• f• ~ .r''
BY / \~ `~ President ' ( <
ATTEST: ..
• :.
'- Secretary
STATE OF I D A H O )
ss.
County of NEZ PERCE )
. On this /"%i~';. day of December, 1~A0, before me, the
undersigned, a notary public in and for the State of Idaho,
personally appeared JOfiN H. ;~111TLOCK, known to me to be the
president and I:UrL•:NIA fiA,~BLIN, known to me to be the
secretary, of the corporation that executed the within and
foregoing instrument and acknowledged to me that such corpora-
tion executed the same.
IN WIT~;I:SS t•1I{1;RCOr, I have hereunto set my hand and
affixed my official seal the day and year first above written
-.•, Notary Public ~.n and for the State of
,`~•'~ .~ •~,,,L' j:, Idaho, Residsng at Lewiston, therein.
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MERIDIAN CITY COUNCIL MEETING: JULY 18 1995
APPLICANT W.H. MOORE ITEM NUMBER; 9
REQUEST; ANNEXATION/ZONING OF 20 67 ACRES TO C-G
AGENCY COMMENTS
CITY CLERK: P ~ Z MINUTES FROM 5-9-95
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST: SEE ATTACHED COMMENTS
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
X11 Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zoning Commission
May 9, 1995
Page 29
Rountree: Mr. Chairman, I make a motion that we table this item until our next regularly
scheduled meeting June 13, 1995.
Shearer: Second
Johnson: It is moved and seconded that we table this item until our next regularly
scheduled meeting on June 13, 1995, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.67
ACRES TO C-G BY W.H. MOORE COMPANY:
Johnson: I will now open that public hearing and invite the applicant to come forward and
address the Commission.
Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was sworn by the City
Attorney.
Bowcutt: This particular item before you this evening is an annexation of property just
west of Kuna-Meridian Road and on the north side of Overland. It adjoins I-84. On our
west boundary is Mountain View Equipment, to the east of us is an undeveloped parcel
currently zoned general commercial or C-G and within the City limits. And then adjoining
that particular parcel to the east is the Sandman Motel and the JB's Restaurant. This
parcel is within Ada County's jurisdiction right now but within your area of impact and
contiguous to the City limits. The particular parcel as you can see from this map here is
right here is currently zoned C-2. Under Ada County jurisdiction that is a highway
commercial zone, it is comparable to your C-G, the fact is that it has a few uses that could
be designated as more intensive than what your C-G allows. My client Mr. Moore is
purchasing this C-2 parcel which we are annexing and rezoning this evening. He has also
purchased this existing C-G piece that is approximately 18.5 acres. So basically our intent
is we have a particular parcel of ground that is split between Meridian and Ada County's
jurisdiction. They are both zoned commercial, all we want to do is annex this 20.67 acres
so that it is consistent with this eastern portion. I have worked on these parcels for about
the past 3 years, they were owned by Tower and Associates. They at one time owned the
entire comer and they sold this for the Sandman Motel and just recently we came through
with a convenient store application and a motel addition for this corner here. The parcel
has existing sewer, the intersecter runs along its boundary, it comes across and bores I-84
and runs parallel with the creek and comes out and goes south out to the Elk Run
Subdivision and also goes in an easterly direction. City water is also available on Overland
Road, it is right here at this point, it is approximately 13 feet to the west from the property
Meridian Planning & Zoning Commission
May 9, 1995
Page 30
line that lies right here. We feel that our application is reasonable, it does comply with the
Comprehensive Plan. This is designated as a mixed use area under the Comp Plan which
references it eligible for offices, retail, and other higher uses because of the close
proximity to I-84, major arterials and collectors and also the interchange of Kuna-Meridian
Road. Do you have any questions?
Johnson: Thank you Becky, any questions of Ms. Bowcutt?
Alidjani: Any specific use at this time?
Bowcutt: The uses I would like Mr. Winston Moore to address the particular uses.
Winston Moore, 11665 Thomas Drive, Boise, was sworn by the City Attorney.
Moore: The question was as to uses, Mr. Chairman and Commissioners, at this time we
don't have a specific use in mind. I have talked about this parcel with over the last couple
of years when I was debating whether or not to acquire it with the Mayor and others in City
Hall as to what they felt the best use of that parcel should be or would be. The information
that I have is the City would like to see it developed on a commercial basis, hopefully with
shopping which seems to be under built in Meridian now. We are exploring and frankly
you have probably heard enough of shopping centers tonight, but we are exploring the
possibility of a shopping center there. It depends on the market. My experience in real
estate development in the valley is that we don't have the luxury quite often of saying this
is exactly what we are going to do with a given piece of property, commercial property until
we have gone to the market, talked to the perspective tenants and really evaluated the
market. We are in the process of doing that now. We believe that the highest and best
use for that parcel based on the growth your good City is having and the availability of a
retail facility in the area is probably retail. Whether the tenants will agree with remains to
be seen, I really don't know. I am further presuming and I have read your zoning ordinance
quite thoroughly and it is not clear in my mind if a shopping center is allowed in a C-G
zone. If it is not and we determine that the market in fact will support a shopping center
then will we come back to you with the appropriate conditional use request or otherwise.
tt appears to us that the fall back so to speak use of the land in the event it does not
become predominantly retail or a shopping center might be things such as a moving
picture theater, your community according to the Idaho Statesman, sometimes the
accuracy it a little dubious but 35,500 is the number they had in there the other day in an
article about the Meridian and to my knowledge and our research shows you do not have
a moving picture theater within the City limits of Boise. The nearest one is about 4 1/2
miles away which is Overland and Five Mile. It has been as you are all well aware at least
one automobile dealer has felt that intersection and the interchange is a good location for
an automobile dealership. Our sincere objective and I heard the guy fro Langly a little
Meridian Planning & Zoning Commission
May 9, 1995
Page 31
while ago take a whipping for profit and so on. As trite as it may sound sure we make a
living doing this, but our sincere objective will be to create a use for that property, project
on that property that will be in the best interest of the community. If it isn't it will fail and
we've had some level of success I guess of doing this very thing of researching the market
and deciding what is best suited for a piece of property. I am sorry to ramble but my
bottom line is I really don't know at this time, but our direction will be towards a shopping
center much smaller than the one you just heard.
Johnson: Well, it sure took you a long time to say that. But after waiting for so long it is
perfectly understandable. Thanks Winston, any questions of Mr. Moore? I jabbed you a
little bit there, I bought my first shotgun from you at Inlet Sports at about 1958 I think it
was. To tell you how long ago that was it was a Browning A5 and I paid $153.50 fora 3
inch magnum so you know that was a while ago. Anyone else? No interest in that one I
will close the public hearing. What would you like to do?
Rountree: Mr. Chairman, I move that we have findings of fact and conclusions of law
prepared on this agenda item.
Hepper: Second
Johnson: It is moved and seconded to have findings of fact and conclusions of law
prepared by the City Attorney, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .65
ACRE TO C-G BY LEEANN LONGSON:
Johnson: I will now open the public hearing and invite the applicant or a representative
to address the Commission.
Lee Longson, 3497 Hull Drive, Eagle, was sworn by the City Attorney.
Longson: Mr. Chairman and Commissioners, I have reviewed the comments that were
made by the Assistant City Engineer Mr. Bruce Freckleton, and we do not have any
problem with complying with these at a future date. He has requested on different issues
of that we connect to the sewer, water and make proper access into Fairview Avenue. I
would like to clarify just for the records the actual use of the structure that we have there.
It is an old farmhouse and we intend on doing very light remodeling which we have
basically just kind of cleaned it up a little bit. We are going to use it for a small business,
very few employees, there will be very few entrances and exits onto Fairivew, probably
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
W. H. MOORE COMPANY
APPLICATION FOR ANNEXATION AND ZONING
A PORTION OF THE SE 1/4 OF SECTION 13, T 3N., R. 1W
ABUTTING OVERLAND ROAD AND 1 300 FEET WEST OF MERIDIAN ROAD
MERIDIAN, IDAFIO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on May 9, 1995, at the hour of 7:30
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 in person and through a representative, Becky Bowcutt,
and having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINGS OF FACT
A. 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 May 9, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 9, 1995, 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.
B. That the property included in the application for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 1
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 20.7 acres in size.
C. That the property is presently zoned by Ada County as C-
2, Highway Commercial and is not used for any particular purpose at
the present time; that the Applicant requests that the property be
zoned C-G, General Retail and Service Commercial; that no specific
uses for the property were presented.
D. That the property is south of and adjoins I-84; it is
west of C-G property and east of property zoned by Ada County as C-
3 which is used by Mountain view Equipment for farm equipment
sales; the property abuts Overland Road and is north of property
used for residential purposes.
E. That W. H. Moore Company is the Applicant; that Applicant
does not own the land and the land is owned by Tower Associates, a
partnership, and it 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.
F. Ada County Highway District (ACHD) submitted comments and
such are incorporated herein as if set forth in full; that ACHD
made several site specific requirements, which included that a
development site plan should be submitted for review and comment
and that a traffic impact study and additional requirements may be
imposed based on the plan; that a maximum of three site driveways
would be permitted; that Overland Road shall be constructed to a
65-foot street section with curb, gutter and five foot sidewalk;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 2
and that dedication of 45 feet of right-of-way from the centerline
of Overland Road was required.
G. That Bruce Freckleton, Assistant to the City Engineer,
submitted comments; that the application is for a piece of land
directly adjacent to the west of the corporate limits of the city;
that the legal description submitted appears to describe the parcel
and meets the requirements of the City; that the city owns and
maintains a 10 inch diameter water mainline approximately 1,650
feet to the east; that this mainline will need to be extended west
in Overland Road to the westerly boundary of the parcel; that
sanitary sewer service will be via the existing 15 inch diameter
Ten Mile Trunkline near the northeast corner; that any domestic
wells or septic systems within the parcel will have to be removed;
that wells may be used for non-domestic purposes such as landscape
irrigation. '
H. That Planning and Zoning Director, Shari Stiles, may
submit comments and they shall be incorporated herein as if set
forth in full when submitted.
I. The Meridian Police and Fire Department Departments
submitted comments as did the Central District Health Department,
Nampa Meridian Irrigation District, and U. S. West; that all such
comments are incorporated herein as if set forth in full.
J. That Becky Bowcutt stated that Mr. Moore owns 18.5 acres
that is annexed and zoned by the City as C-G, that City sewer and
water is available, that the application complies with the Meridian
Comprehensive Plan, that the land is designated for mixed use under
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 3
the Plan which makes is eligible for offices, retail, and other
higher uses because of the close proximity to I-84, major arterials
and collectors and also the interchange of Kuna-Meridian Road.
K. That Winston Moore stated that he did not have a specific
use for the property in mind; that he was exploring a shopping
center for the property but it depends on the market; that he
believes that a retail use would be the most likely; that he was
unsure if a shopping center was allowed in the C-G zone; that if it
is not allowed and that is what the market desires he would come
back to the city for a rezone; and that if retail is not desired it
could be a location for a movie theater.
L. That there were no other comments by the public regarding
this application.
M. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
N. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and in the Meridian Area of Impact.
0. That the property can be physically serviced with City
water and sewer.
P. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
1. Under ECONOMIC DEVELOPMENT, Economic Development
Goal Statement.
Policies, Page 19
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 4
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.
2.
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.
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.
Under LAND USE, Mixed-Use Areas Adjacent to I-84,
Overland Road and Franklin Road, Page 28.
5.6 The development of a variety of compatible
land uses should be provided in specific plans
and proposals for future development.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 5
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.
5.10 Development should be conducted under Planned
Unit Development procedures and as conditional
uses, especially when two or more differing
uses are proposed.
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 residential areas,
including noise and traffic reduction.
5.12 Strip development within this mixed-use area
is not in compliance with the goals and
policies of the Comprehensive Plan.
5.13 Clustering of uses and controlled access
points along arterials and collector streets
will be required.
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.
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.
3. Under TRANSPORTATION, Page 42 and 72
a. Overland Road east of Linder Road and Meridian
Road are listed as Minor Arterials and as
Entryway Corridors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 6
b. Under COMMUNITY DESIGN, Policies, at Page 73
c. Entrance Corridors Goal Statement - Promote,
encourage, develop and maintain aesthetically
pleasing approaches to the City of Meridian.
d. Policies,
(1) 4.4U Encourage 35-foot landscaped
setbacks for new development on entrance
corridors. The City shall require, as a
condition of development approval,
landscaping along all entrance corridors.
Q. 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."
R. 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.
S. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states as follows:
"Existing rural residential land uses and farms/ranches shall
be buffered from urban development expanding into rural areas
by innovative land use planning techniques."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 7
T. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planed Use Development area.
U. 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:
1C-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.
V. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 8
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."
W. 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.
X. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
A. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the Planning and Zoning commission has judged this
annexation and zoning application under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 9
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the- annexation would not be a shoestring annexation.
G. That the annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
H. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
I. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 10
J. That the Applicant stated no proposed use of the property
and therefore it cannot be determined if the use would be in
compliance with the Comprehensive Plan, however any uses would have
to comply with the Zoning Ordinance.
K. That the City adopted the Comprehensive Plan at its
meeting 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.
L. The Applicant has not stated or represented its intention
as to development, which is of concern to the Commission; it is
therefore concluded, as a condition of annexation and zoning, that
any use or development of the property shall only be allowed under
the conditional use process.
M. That it is concluded that the City could annex the
property and zone it C-G but once the property was zoned C-G, the
Applicant could place many different uses on the property without
additional approval from the City other than building permits,
which limits the control that the City should have over the
development and the uses of the property due to the mandates of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 11
Comprehensive Plan.
N. That it is concluded that since the Comprehensive Plan,
under LAND USE, Page 28, Mixed-Use Area at Overland Road and I-84,
in 5.10, states that all development should be conducted under
Planned Unit Development procedures and as conditional uses 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.
i
0. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C-G), but
only capable of being developed as a planned commercial development
or under the conditional use permit process.
P. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 12
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. and the requirements of 11-9-606 14., which
requires pressurized irrigation.
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 mentioned in
the Comprehensive Plan and landscaping the same.
11. Addressing the comments of the Planning Director, Shari
Stiles, if and when they are made.
12. The sewer and water requirements.
13. Traffic plans and access into and out of any development.
14. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 13
Comprehensive Plan.
g. 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. .";
it is concluded, however, that it is more appropriate for a
development agreement to be entered into when plans for development
are better known and therefore as a condition of annexation a
development agreement must be entered into prior to issuance of
final plat approval.
R. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact and Conclusions of Law
and if they are not met the land may be de-annexed.
S. That the requirements of the Meridian City Engineer, Ada
County Highway District, Meridian Planning Director, if given,
Central District Health Department, and the Nampa & Meridian
Irrigation District, shall be met and addressed in a development
agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 14
T. 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.
U. 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, and it shall only be
developed as a commercial planned development or under the
conditional use process.
V. That these conditions shall run with the land and bind
the applicant and its assigns.
W. 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.
X. That if these conditions of approval are not met, the
property shall not be annexed or if already annexed, it shall be
de-annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 15
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission of the City
Council of Meridian hereby adopts and approves these Findings of
Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED ~~(J~
~- IN
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED_"~~~
COMMISSIONER ALIDJANI VOTED W"~
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
RECOI~II~IENDATION
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, or assigns, enters into a development agreement prior
final plat approval and that the property only be developed as a
commercial planned development or under the conditional use
process; 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 - MOORE Page 16
HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
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
MEMORANDUM:
To; Mayor, City Council, Planning & Zoning
From; Bruce Freckleton, Assistant to City Engineer '-1
Re; W.H. MOORE COMPANY
(Request for Annexation & Zoning)
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman • Planning 8 Zoning
May 1, 1995
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the applicant during the hearing process:
1. This application is for a piece of land directly adjacent to the west of the Corporate City
Limits of the City of Meridian (Ordinance 341 in May 1979). The legal description
submitted with the application appears to describe the subject pazcel, and meets the
requirements of the City of Meridian.
2. The City of Meridian owns and maintains a 10 inch diameter water main approximately
1650 feet east of the subject pazcel. This mainline will need to be extended west in
Overland road to the westerly boundary of the pazcel under consideration. Sanitary Sewer
service to the site will be via the existing 15 inch diameter Ten Mile Trunkline near the
northeast corner. Any existing domestic wells or septic systems within the pazcel will have
to be removed from their domestic service per City Ordinance. Wells may be used for non
domestic purposes such as landscape irrigation.
4. All Off-Street Pazking, Landscaping, Drainage, Lighting, Paving, and Striping shall be
in accordance with the standazds set forth in 2-414 of the City of Meridian Zoning and
Development Ordinance.
5. All Signage shall be in accordance with the standazds set forth in 2-415 of the City of
Meridian Zoning and Development Ordinance.
C: \WPWIN60\GENERAL\WHMOORE. P&Z
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L GASS, Clty Treaaurar
GARY O. SMITH, P.E. Clty Engineer
BRUCE D. STUART, Water Worka Supt.
JOHN T. SHAWCROFT, Waats Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P 6 Z Adm.
KENNETH W. BOWERS, FlreChlel
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EASE IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • 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 Cterk by: h"a~~ 2 1995
TRANSMITTAL DATE: 4/17!95 HEARING DATE: 5!9/95
REQUEST: Annexation and Zoning of 20 67 acres to C-r
BY: W.H. Moore Com an
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
roxi ate/ 1300 feet west of Hi hw 69
JIM JOHNSON, P2
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 8~ FINAL PLAT)
U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF R CLAMATION(P LIM & FINAL PLAT)
CITY FILES [~ ~ ~~ ~ ~ S
YOUR CONCISE
~>iiT~l O~ '-~~3y~~r`~.`
c~r~c
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary
TO: W.H. MOORE COMPANY
8150 EMERALD, SUITE 140
BOISE, I y 8r~_7rA,4~~
~11~'~
FROM: Karen Gallagher, Coordinator
Development Services Division
May 4, 1995
SUBJECT: MRZ-4-95/ANNEXATION Overland w/o Kuna-Meridian C-2 to C-G
Your applications for the above referenced project was acted on by the Commissioners of the
Ada County Highway District on . The attached staff report lists conditions of approval and
street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
John Edney
Briggs Engineering
City of Meridian
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ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Preliminary Report
MRZ-4-95IA -Rezone from C-2 to C-G
Meridian
The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre
site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy
69). This development is estimated to generate up to 10,350 additional vehicle trips per day
depending on the use.
Roads impacted by this development:
Overland Road -Minor arterial with no pathway designation shown
- Traffic count 5,669 in 1990
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ACRD Commission Date -May 3, lyy~
ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Preliminary Report
MRZ-4-951A -Rezone from C-2 to C-G
Meridian
The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre
site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy
69). This development is estimated to generate up to 10,350 additional vehicle trips per day
depending on the use.
Roads impacted by this development:
Overland Road -Minor arterial with no pathway designation shown
- Traffic count 5,669 in 1990
IRS ~ •~ ~ i t
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MR7d95A. W PD
ACHD Commission Date -May 3, lyy5
Facts and Findings:
A. General Information
C-2 -Existing zoning
C-G -Requested zoning
20.7 -Acres
288 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation shown
Traffic count 5,669 in 1990
800-feet of frontage
65=feet existing right-of--way (25-feet n/o centerline; 40-feet s/o centerline)
90-feet required right-of--way (45-feet from centerline)
Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk.
B. The applicant states that the property is currently undeveloped.
C. Overland Road provides only two travel lanes at the present time. An irrigation canal
borders the south edge of zhe project site (i.e. the north edge of Overland Road). The
ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes
for each direction plus a center turn lane). This roadway section will require 90 feet of
right-of--way.
The presence of the canal on the north side of Overland Road will complicate the ultimate
design and right-of--way requirements. Two probable alternatives are to relocate the canal
north of the future right-of--way line or move the roadway south to avoid the existing canal
location. In either case, additional right-of--way will be required. Staff recommends that the
applicant coordinate the dedication of additional right-of--way with the District and the
appropriate irrigation district.
D. Site access restrictions can be anticipated as a site development plan is proposed. The site
frontage of 800 feet will allow a maximum of three driveways. Only one or two site
driveways may be allowed if a new site roadway is proposed.
E. A traffic signal may be required at an entry drive to this development.
F. Due to the size of the project site, stub streets should be anticipated if the project site is
subdivided. These stub streets will connect the project site to the adjacent parcels.
G. Overland Road has a vertical curve east of the project. Sight distance is a major concern in
determining driveway locations. Access restrictions can be anticipated to maintain adequate
MRZ-4-95
Page 2
sight distances.
H. Based on development patterns in this area and the resulting traffic generation, staff has a
concern that the existing local street system will not be adequate to accommodate additional
traffic generated by this proposed development. Depending upon the proposed site plan, a
traffic study may be required.
I. This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on May 9, 1995.
If the rezone is approved and development proceeds, the District will provide the following
recommendations to the City of Meridian.
Site Specific Requirements:
Submit the development site plan to the District for review and comment. A traffic impact
study and additional requirements may be imposed based on the plan.
2. A maximum of three site driveways are permitted. Location and design of the driveways
shall be approved by ACHD Traffic Services staff.
3. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter,
and 5-foot sidewalks. The developer will not be compensated for these improvements.
4. Overland Road shall be constructed to a 65-foot street section with curb, gutter and 5-foot
sidewalk. The developer will be responsible for the cost of constructing the five foot
sidewalk abutting the parcel.
5. Install a traffic signal, if required by the District, on Overland Road at a location to be
determined by ACRD Traffic Services upon review of any proposed development.
6. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20-
additional feet). Total right-of-way to be dedicated may vary to take into consideration the
existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with
ACHD.
The owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit an application to the impact fee administrator prior to breaking
ground, in accordance, with Section 15 of ACHD Ordinance #188.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made, in writing, to the Manager of Engineering Services within ~ 5 calendar davs of
MRZ-4-95
Page 3
sight distances.
H. Based on development patterns in this area and the resulting traffic generation, staff has a
concern that the existing local street system will not be adequate to accommodate additional
traffic generated by this proposed development. Depending upon the proposed site plan, a
traff c study may be required.
This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on May 9, 1995.
If the rezone is approved and development proceeds, the District will provide the following
recommendations to the City of Meridian.
Site Specific Requirements:
Submit the development site plan to the District for review and comment. A traffic impact
study and additional requirements may be imposed based on the plan.
2. A maximum of three site driveways are permitted. Location and design of the driveways
shall be approved by ACHD Traffic Services staff.
Any internal public streets shall be constructed to a 41-foot street section with curb, gutter,
and 5-foot sidewalks. The developer will not be compensated for these improvements.
4. Overland Road shall be constructed to a 65-foot street section with curb, gutter and 5-foot
sidewalk. The developer will be responsible for the cost of constructing the five foot
sidewalk abutting the parcel.
5. Install a traffic signal, if required by the District, on Overland Road at a location to be
determined by ACHD Traffic Services upon review of any proposed development.
6. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20-
additional feet). Total right-of--way to be dedicated may vary to take into consideration the
existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with
ACHD.
The owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit an application to the impact fee administrator prior to breaking
ground, in accordance, with Section 15 of ACHD Ordinance #188.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made, in writing, to the Manager of Engineering Services within ~ 5 calendar davs of
MRZ-4-95
Page 3
the original Commission action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity and minimum fee of $110.00.
2. Aright-of--way permit must be obtained from ACHD for any street or utility construction
within the public right-of--way. Utility cuts should be combined where practical to limit
pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for
details.
Submit site drainage plans and calculations for review and appropriate action by ACHD.
The proposed drainage system shall conform to the requirements of the city of Meridian and
shall retain all storm water on-site.
Public street drainage facilities shall be located in the public right-of--way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when
driveways are not being shared with the adjacent property.
5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of
the proposed street improvements. Authorization for relocations shall be obtained from the
appropriate entity.
6. Specifications, land surveys, reports, plats, drawings, plans, design information and
calculations presented to ACHD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
7. Provide design data for proposed access to public streets for review and appropriate action by
ACRD.
8. Submit three sets of street construction plans to the District for review and appropriate
action.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
Staff SubmlttLrtg TlatP of f nmmicSlon ApprOVal:
MAY 0 4 1995
MRZ-4-95
Page 4
CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
r7N
Preliminary /Final /Short Plat
Meridian
^ Kuna
^ Acz
~1 N rt o arc= ~ • OVt~z~~wTJ nro i4Y y~, wv~y 6 ~
^ I. We have Objettions to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exalt 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. After written approval from appropriate entities are submitted, we can approve this proposal for:
~~entral sewage ^ communiry sewage system ^ communiry water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ communiry water
^ sewage dry lines ^ central water
9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
I3. ~'~it~/~1wvF~~7'~ /Yl/l7~iA~fs-z=/~'1~~' C!~/7~-Y'//~- Date: ~ / °~/!~
/S ~~.~~~ Reviewed By: ~
REVIEW SHEET :.w w. ~ ~;,~- .~ : ~ : ~ :.,
:'six Ev 'b'a.! ~+ %K \ 6y.. a.
Environmental Health Division °°Return to:
~~~ ~i ~~ `~~~ ^ Boise
_ L ^ Eagle
.;
/~6r~~ ~ ~ 3~ ~y .,~ "` ~ ^ Garden city
CDND 10/91 rcb, rev. II/93 jl
HUB OF TREASURE VALLEY ODUNCIL MEMBERS
OFrICIALS RONALD R. TOLSMA
A Good Place to Live MAX YERRINGTON
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. LASS, Clty Treasurer ROBERT O. CORRIE
WALT W. MORROW
IDIAN
GARY D. SMITH, P.E. Clty Engineer CITY OF MER P 6 Z COMMISSION
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO JIM JOHNSON, Cnaim+an
MOE ALIDJANI
DENNIS J. SUMMERS, Parka Supt.
P fiZAdm
RI S
STILES IDAI IO 83642
MERIDIAN JIM SHEARER
.
,
SHA
. , CHARLIE ROUNTREE
KENNETH W. BOWERS, Flre Chief
W. L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 887813 ~..j ~_ TIM HEPPER
=
~
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WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 ,
~ `-- ~,
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GRANT P. KINGSFORD
Mayor R 4 ;
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JECTS
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TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEV .
:P
1~
~1
P11
~d
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning SI Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995
TRANSMITTAL DATE: 4117/95 HEARING DATE: 519195
REQUEST: Annexation and Zoning of 20 67 acres to C-G
BY: W.H. Moore Com an
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
roxi ate! 1300 feet west of Hi w 69
JIM JOHNSON, P2
MOE ALIDJANI, P2
JIM SHEARER, P2
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 8 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 8t FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT]
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on the annexation and zoni~
of the above mentioned property. We will comment
at the time the property is developed.
Bill Henson Assistant water L
Nam a & Meridian Irr'
~ ~~ tI s ,`r•
~• ~ 0 I~~J
~,I ~ ~ ~,~ :Y~t..d~s:~~, .
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L GASS, Clty Treasurer
GARY D. SMITH, P.E. City Enplneer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P b Z Adm.
KENNETH W. BOWERS, Flre Chief
W. L. "BILL" GORDON, Police Chlsf
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) 887813
Public Works/Building Department (208) 887-2211
GRANT P. IUNGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995
TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95
REQUEST: Annexation and Zoning of 20 67 acres to C-G
BY: W H Moore Company
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
proximately 1300 feet west of Highwak69
JIM JOHNSON, P2
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 8~ 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 8 FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
la S LJ~S ~ REQU.ESTS 1!'~ ~ FQ.ONT
t,.o+r L./,l~l E L ~ ~ ~ ~~v1~ Ir u'i u ~: ~ N1~TJE
~•( R~O~S W/W V-IICTH .7fV odE11~d tL,X7 i~~'].
t~~(~rP{R~ 2 7 1~ra
Y
MERIDIAN CITY COUNCIL MEETING: AUGUST 1 199
APPLICANT W.H. MOORE ITEM NUMBER; 5
REQUEST; ORDINANCE #TO7 FOR W H MOORE ANNEXATION
A EN Y
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:
COMMENTS
J~~
~i~°
OTHER:
g!1 Materials presented at public meetings shall become property of the City of Meridian.
ORDINANCE NO. 707
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH,
RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land located in the Southwest 1/4 of the
Southeast 1/4 of Section 13, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at a brass cap marking the southeast corner of
Section 13, T.3N., R.1W., B.M., thence N 89°46'23" W
along the south line of said Section 13, 1309.44 feet to
the Southeast corner of the SW 1/4 of the SE 1/4 of said
Section 13, the Real Point of Beginning of this
description;
Thence continuing along said south line N 89°46'23" W
799.58 feet to a point;
Thence N 0°31'11" E 19.24 feet to a point;
Thence N 1°03'11" E 340.95 feet to a point;
Thence N 0°13'37" W 229.32 feet to a point;
Thence N 0°38'59" E 228.87 feet to a point;
Thence N 1°19'50" W 21.81 feet to a point;
Thence N 0°31'11" E 292.20 feet to a point on the
southerly right-of-way of I-84;
Thence S 89°33'35" E along said southerly right-of-way
385.48 feet to a point;
ANNEXATION ORDINANCE - MOORE/C-G Page 1
Thence continuing along said southerly right-of-way S
85°44'44" E 419.99 feet to a point;
Thence S 0°46'49" W 1101.44 feet to the Real Point of
Beginning of this description;
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.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer at its expense 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 prior to the
issuance of any building permit or plat approval which
ever comes first; that the development agreement shall
address inclusion into the subdivision of the
requirements of 11-9-605 C, G., H 2, R, 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. 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, which include that the property
ANNE%ATION ORDINANCE - MOORE/C-G Page 2
must be developed as a planned commercial unit
development or under the conditional use permit process.
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
August, 1995.
APPROVED:
MAYOR -- GRANT P. KINGSFORD
ATTEST:
WILLIAM G. BERG, JR. -- CITY CLERK
ANNEgATION ORDINANCE - MOORS/C-« Page 3
STATE OF IDAHO,)
ss.
County of Ada, )
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 LOCATED IN THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH,
RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO;
AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 707 ,
by the City Council and Mayor of the City of Meridian, on the
_ day of August, 1995, as the same appears in my office.
DATED this
day of August, 1995.
City Clerk, City of Meridian
Ada County, Idaho
STATE OF IDAHO,)
County of Ada, )
On this
a Notary Public in
G. BERG, JR. known
to the within and
executed the same.
ss.
day of August, 1995, before me, the undersigned,
and for said State, personally appeared WILLIAM
to me to be the person whose name is subscribed
foregoing instrument, and acknowledged that he
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
SEAL
Notary Public for Idaho
Residing at Meridian, Idaho
My Commission Expires
ANNEXATION ORDINANCE - MOORS/C-G Page 4
MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 13 1995
APPLICANT: W H MOORE AGENDA I TEM NUMBER: 7
REQUEST: REQUEST FOR ANNEXATIONIZONING OF C-G FOR 20 67 ACRES
AGENCY COMMENTS
CITY CLERK: np~U1P'
CITY ENGINEER: ~`
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
W. H. MOORE COMPANY
APPLICATION FOR ANNEXATION AND ZONING
A PORTION OF THE SE 1/4 OF SECTION 13, T 3N., R. 1W
ABUTTING OVERLAND ROAD AND 1 300 FEET WEST OF MERIDIAN ROAD
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on May 9, 1995, at the hour of 7:30
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 in person and through a representative, Becky Bowcutt,
and having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINGS OF FACT
A. 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 May 9, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 9, 1995, 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.
B. That the property included in the application for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 1
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 20.7 acres in size.
C. That the property is presently zoned by Ada County as C-
2, Highway Commercial and is not used for any particular purpose at
the present time; that the Applicant requests that the property be
zoned C-G, General Retail and Service Commercial; that no specific
uses for the property were presented.
D. That the property is south of and adjoins I-84; it is
west of C-G property and east of property zoned by Ada County as C-
3 which is used by Mountain view Equipment for farm equipment
sales; the property abuts Overland Road and is north of property
used for residential purposes.
E. That W. H. Moore Company is the Applicant; that Applicant
does not own the land and the land is owned by Tower Associates, a
partnership, and it 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.
F. Ada County Highway District (ACHD) submitted comments and
such are incorporated herein as if set forth in full; that ACHD
made several site specific requirements, which included that a
development site plan should be submitted for review and comment
and that a traffic impact study and additional requirements may be
imposed based on the plan; that a maximum of three site driveways
would be permitted; that Overland Road shall be constructed to a
65-foot street section with curb, gutter and five foot sidewalk;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 2
and that dedication of 45 feet of right-of-way from the centerline
of Overland Road was required.
G. That Bruce Freckleton, Assistant to the City Engineer,
submitted comments; that the application is for a piece of land
directly adjacent to the west of the corporate limits of the city;
that the legal description submitted appears to describe the parcel
and meets the requirements of the City; that the city owns and
maintains a 10 inch diameter water mainline approximately 1,650
feet to the east; that this mainline will need to be extended west
in Overland Road to the westerly boundary of the parcel; that
sanitary sewer service will be via the existing 15 inch diameter
Ten Mile Trunkline near the northeast corner; that any domestic
wells or septic systems within the parcel will have to be removed;
that wells y may_. be , us,ed,:.for ,ion-~ol~test.~c purpo~~s ~.~.~~~7t _:a~_~andsca~e _ _ _-
irrigation.
H. That Planning and Zoning Director, Shari Stiles, may
submit comments and they shall be incorporated herein as if set
forth in full when submitted.
I. The Meridian Police and Fire Department Departments
submitted comments as did the Central District Health Department,
Nampa Meridian Irrigation District, and U. S. West; that all such
comments are incorporated herein as if set forth in full.
J. That Becky Bowcutt stated that Mr. Moore owns 18.5 acres
that is annexed and zoned by the City as C-G, that City sewer and
water is available, that the application complies with the Meridian
Comprehensive Plan, that the land is designated for mixed use under
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 3
the Plan which makes is eligible for offices, retail, and other
higher uses because of the close proximity to I-84, major arterials
and collectors and also the interchange of Kuna-Meridian Road.
K. That Winston Moore stated that he did not have a specific
use for the property in mind; that he was exploring a shopping
center for the property but it depends on the market; that he
believes that a retail use would be the most likely; that he was
unsure if a shopping center was allowed in the C-G zone; that if it
is not allowed and that is what the market desires he would come
back to the city for a rezone; and that if retail is not desired it
could be a location for a movie theater.
L. That there were no other comments by the public regarding
this application.
_ -M. -'That the property included - in- the- annexat-icon- and-- zo~tng
application is within the Area of Impact of the City of Meridian.
N. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and in the Meridian Area of Impact.
0. That the property can be physically serviced with City
water and sewer.
P. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
1. Under ECONOMIC DEVELOPMENT, Economic Development
Goal Statement.
Policies, Page 19
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 4
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.
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-.-5- ~l~e Gity -flf Meridian intends _ ~=fabli.sh_ 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.
2. Under LAND USE, Mixed-Use Areas Adjacent to I-84,
Overland Road and Franklin Road, Page 28.
5.6 The development of a variety of compatible
land uses should be provided in specific plans
and proposals for future development.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 5
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.
5.10 Development should be conducted under Planned
Unit Development procedures and as conditional
uses, especially when two or more differing
uses are proposed.
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 residential areas,
including noise and traffic reduction.
5.12 Strip development within this mixed-use area
is not in compliance with the goals and
__ _. _. __ __~~__~_gol.~,.c~s_o~h~.~omprehens~y~.E~ - --- -
5.13 Clustering of uses and controlled access
points along arterials and collector streets
will be required.
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.
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.
3. Under TRANSPORTATION, Page 42 and 72
a. Overland Road east of Linder Road and Meridian
Road are listed as Minor Arterials and as
Entryway Corridors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 6
b. Under COMMUNITY DESIGN, Policies, at Page 73
c. Entrance Corridors Goal Statement - Promote,
encourage, develop and maintain aesthetically
pleasing approaches to the City of Meridian.
d. Policies,
(1) 4.4U Encourage 35-foot landscaped
setbacks for new development on entrance
corridors. The City shall require, as a
condition of development approval,
landscaping along all entrance corridors.
Q. 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
-- -__~ ~t-=~~:--~e-l~tive_ freECiom _ ~r--~c~~~~~i - _ __~J=-.~.
land-: uses. Where c~smmun~.ty growth creates p-resshre €or 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."
R. 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.
S. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states as follows:
"Existing rural residential land uses and farms/ranches shall
be buffered from urban development expanding into rural areas
by innovative land use planning techniques."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 7
T. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planed Use Development area.
U. 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
_ . .~___.~...eh~~---~„~~=-eo.:tate--~~rig--_-~orc:lai._-tlev~-~o~-~-:;~rrd
encourage -clusterng_of -commercial-c~eve3<3pment. - -------- _ _ .._.
V. That Planned Development is defined in 11-2-403 B, at
page 20 of the-Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 8
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."
W. 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.
X. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
A. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the Planning and Zoning commission has judged this
annexation and zoning application under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 9
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
__G. -_-That~the -an~~ti~=a-ppl~ativ~t=ham=_.be~n=~ti~~a-gyp the
Applicant, and is not upon the initiation of the City of Meridian.
H. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
I. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 10
J. That the Applicant stated no proposed use of the property
and therefore it cannot be determined if the use would be in
compliance with the Comprehensive Plan, however any uses would have
to comply with the Zoning Ordinance.
K. That the City adopted the Comprehensive Plan at its
meeting 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 Or-dinances.
L. The Applicant has not stated or represented its intention
as to development, which is of concern to the Commission; it is
therefore concluded, as a condition of annexation and zoning, that
any use or development of the property shall only be allowed under
the conditional use process.
M. That it is concluded that the City could annex the
property and zone it C-G but once the property was zoned C-G, the
Applicant could place many different uses on the property without
additional approval from the City other than building permits,
which limits the control that the City should have over the
development and the uses of the property due to the mandates of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 11
Comprehensive Plan.
N. That it is concluded that since the Comprehensive Plan,
under LAND USE, Page 28, Mixed-Use Area at Overland Road and I-84,
in 5.10, states that all development should be conducted under
Planned Unit Development procedures and as conditional uses 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.
O. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C-G), but
only capable of being developed as a planned commercial development
or under the conditional use permit process.
P. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 12
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. and the requirements of 11-9-606 14., which
requires pressurized irrigation.
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 mentioned in
the Comprehensive Plan and landscaping the same.
11. Addressing the comments of the Planning Director, Shari
Stiles, if and when they are made.
12. The sewer and water requirements.
13. Traffic plans and access into and out of any development.
14. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 13
Comprehensive Plan.
Q. 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. .";
it is concluded, however, that it is more appropriate for a
development agreement to be entered into when plans for development
are better known and therefore as a condition of annexation a
development agreement must be entered into prior to issuance of
final plat approval.
R. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact and Conclusions of Law
and if they are not met the land may be de-annexed.
S. That the requirements of the Meridian City Engineer, Ada
County Highway District, Meridian Planning Director, if given,
Central District Health Department, and the Nampa & Meridian
Irrigation District, shall be met and addressed in a development
agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 14
T. 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.
U. 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, and it shall only be
developed as a commercial planned development or under the
conditional use process.
V. That these conditions shall run with the land and bind
the applicant and its assigns.
W. 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.
X. That if these conditions of approval are not met, the
property shall not be annexed or if already annexed, it shall be
de-annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORS Page 15
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission of the City
Council of Meridian hereby adopts and approves these Findings of
Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
RECOMMENDATION
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, or assigns, enters into a development agreement prior
final plat approval and that the property only be developed as a
commercial planned development or under the conditional use
process; 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 - MOORE Page 16
t
s
ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Preliminary Report
MRZ-4-95/A -Rezone from C-2 to C-G
Meridian
The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre
site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy
69). This development is estimated to generate up to 10,350 additional vehicle trips per day
depending on the use.
Roads impacted by this development:
Overland Road -Minor arterial with no pathway designation shown
- Traffic count 5,669 in 1990
Issues to be addressed:
1. Right-of--way requirements
2. Road improvements
3. Access width and location
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MR7A95A. WPD
ACHD Commission Date -May 3, 1995
Facts and Findings:
A. General Information
C-2 -Existing zoning
C-G -Requested zoning
20.7 -Acres
288 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation shown
Traffic count 5,669 in 1990
800-feet of frontage
65-feet existing right-of--way (25-feet n/o centerline; 40-feet s/o centerline)
90-feet required right-of--way (45-feet from centerline)
Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk.
B. The applicant states that the property is currently undeveloped.
C. Overland Road provides only two travel lanes at the present time. An irrigation canal
borders the south edge of the project site (i.e. the north edge of Overland Road). The
ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes
for each direction plus a center turn lane). This roadway section will require 90 feet of
right-of--way.
The presence of the canal on the north side of Overland Road will complicate the ultimate
design and right-of--way requirements. Two probable alternatives are to relocate the canal
north of the future right-of--way line or move the roadway south to avoid the existing canal
location. In either case, additional right-of--way will be required. Staff recommends that the
applicant coordinate the dedication of additional right-of--way with the District and the
appropriate irrigation district.
D. Site access restrictions can be anticipated as a site development plan is proposed. The site
frontage of 800 feet will allow a maximum of three driveways. Only one or two site
driveways may be allowed if a new site roadway is proposed.
E. Due to the size of the project site, stub streets should be anticipated if the project site is
subdivided. These stub streets will connect the project site to the adjacent parcels.
F. Overland Road has a vertical curve east of the project site. Sight distance is a major concern
in determining driveway locations. Site access restrictions can be anticipated to maintain
adequate site distances.
MRZ-4-95
Page 2
G. Based on development patterns in this area and the resulting traffic generation, staff has a
concern that the transportation system will not be adequate to accommodate additional traffic
generated by this proposed development. Depending upon the proposed site plan, a traffic
study may be needed.
H. This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on May 9, 1995.
If the rezone is approved and development proceeds, the District will provide the following
recommendations to City.
Site Specific Requirements:
1. A maximum of three site driveways are permitted. Location and design of the driveways
shall be approved by ACHD Traffic Services staff.
2. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter,
and 5-foot sidewalks. The developer will not be compensated for these improvements.
3. Overland Road shall be constructed to a 62-foot street section with curb, gutter and 5-foot
sidewalk. The developer will be responsible for the cost of constructing the five foot
sidewalk abutting the parcel.
4. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20-
additional feet). Total right-of--way to be dedicated may vary to take into consideration the
existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with
ACHD.
The owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit an application to the impact fee administrator prior to breaking
ground, in accordance, with Section 15 of ACHD Ordinance #188.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made, in writing, to the Manager of Engineering Services within 15 calendar davs of
the original Commission action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity and minimum fee of $110.00.
2. Aright-of--way permit must be obtained from ACRD for any street or utility construction
within the public right-of--way. Utility cuts should be combined where practical to limit
pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for
details.
MRZ-4-95
Page 3
3. Submit site drainage plans and calculations for review and appropriate action by ACHD.
The proposed drainage system shall conform to the requirements of the city of Meridian and
shall retain all storm water on-site.
Public street drainage facilities shall be located in the public right-of--way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when
driveways are not being shared with the adjacent property.
5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of
the proposed street improvements. Authorization for relocations shall be obtained from the
appropriate entity.
6. Specifications, land surveys; reports, plats, drawings, plans, design information and
calculations presented to ACRD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
7. Provide design data for proposed access to public streets for review and appropriate action by
ACRD.
8. Submit three sets of street construction plans to the District for review and appropriate
action.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
Date of Commission A,ppsoval:
MRZ-4-95
Page 4
` 3
MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: MAY 9.1995
APPLICANT: W.H. MOORE AGENDA I TEM NUMBER: 10
REQUEST: REQUEST FOR ANNEXATION AND ZONING OF 20.67 ACRES TO C-G
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST: SEE ATTACHED COMMENTS
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
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
MEMORANDUM:
To; Mayor, City Council, Planning & Zoning
From; Bruce Freckleton, Assistant to City Engineer
Re; W.H. MOORS COMPANY
(Request for Annexation & Zoning)
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman • Planning & Zoning
May 1, 1995
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the applicant during the hearing process:
1. This application is for a piece of land directly adjacent to the west of the Corporate City
Limits of the City of Meridian (Ordinance 341 in May 1979). The legal description
submitted with the application appears to describe the subject pazcel, and meets the
requirements of the City of Meridian.
2. The City of Meridian owns and maintains a 10 inch diameter water main approximately
1650 feet east of the subject parcel. This mainline will need to be extended west in
Overland road to the westerly boundary of the pazcel under consideration. Sanitary Sewer
service to the site will be via the existing 15 inch diameter Ten Mile Trunkline near the
northeast corner. Any existing domestic wells or septic systems within the pazcel will have
to be removed from their domestic service per City Ordinance. Wells may be used for non
domestic purposes such as landscape imgation.
4. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be
in accordance with the standazds set forth in 2-414 of the City of Meridian Zoning and
Development Ordinance.
5. All Signage shall be in accordance with the standazds set forth in 2-415 of the City of
Meridian Zoning and Development Ordinance.
C:\WPWIN60\GENERAL\WHMOORE. P&Z
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E. Clty Enplnaer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waats Water Supt.
DENNIS J. SUMMERS, Perks Supt.
SHARI S. STILES, P b Z Adm.
KENNETH W. BOWERS, Flre Chlef
W. L. "BILL" GORDON, Police Chlet
WAYNE G. CROOKSTON, JR., Attorney
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 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 8r, Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: May 2, 1995
TRANSMITTAL DATE: 4/17!95 HEARING DATE: 5/9/95
REQUEST: Annexation and Zoning of 20 67 acres to C-G
BY: W H Moore Company
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
approximately 1300 feet west of Highway 69
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 8~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF R CLAMATION(P L!M & FINAL PLAT)
CITY FILES ,..
OTHER:
YOUR CONCISE REMA S'
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
~~~' O~ ":~~~g~~1~9
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.
OENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 8 Z Adm.
KENNETH W. BOWERS, FlreChlef
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
Phonc (208) 888433 • FAX (208) 887.4813
Public Works/Building Department (208) 887-221 I
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX VERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: Mad/ 2 1995
TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95
REQUEST: Annexation and Zoning of 20 67 acres to C-G
BY: W H Moore Company
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
an~roximately 1300 feet west of Highwax 69
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 8~ 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 & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT)
CITY FILES ~ ~ ~ ` ~ C'--
OTHER: J
YOUR CONCISE REMARKS:
ylJ itJ~
APR 1 8 1995
Cl"1 Y Ur ,i~l~nl:a~~~.~
,1
ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Preliminary Report
MRZ-4-95/A -Rezone from C-2 to C-G
Meridian
The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre
site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy
69). This development is estimated to generate up to 10,350 additional vehicle trips per day
depending on the use.
Roads impacted by this development:
Overland Road -Minor arterial with no pathway designation shown
- Traffic count 5,669 in 1990
Issues to be addressed:
1. Right-of--way requirements
2. Road improvements
3. Access width and location
IRS -i___~~"_i~ ~
(~ I,I , 700
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~° ! t 1 1 ~I s ~ ~ ~ i
MRZA95A. WPD
ACRD Commission Date -May 3, 1995
Facts and Findings:
A. General Information
C-2 -Existing zoning
C-G -Requested zoning
20.7 -Acres
288 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation shown
Traffic count 5,669 in 1990
800-feet of frontage
65-feet existing right-of--way (25-feet n/o centerline; 40-feet s/o centerline)
90-feet required right-of--way (45-feet from centerline)
Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk.
B. The applicant states that the property is currently undeveloped.
C. Overland Road provides only two travel lanes at the present time. An irrigation canal
borders the south edge of the project site (i.e. the north edge of Overland Road). The
ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes
for each direction plus a center turn lane). This roadway section will require 90 feet of
right-of--way.
The presence of the canal on the north side of Overland Road will complicate the ultimate
design and right-of--way requirements. Two probable alternatives are to relocate the canal
north of the future right-of--way line or move the roadway south to avoid the existing canal
location. In either case, additional right-of--way will be required. Staff recommends that the
applicant coordinate the dedication of additional right-of--way with the District and the
appropriate irrigation district.
D. Site access restrictions can be anticipated as a site development plan is proposed. The site
frontage of 800 feet will allow a maximum of three driveways. Only one or two site
driveways may be allowed if a new site roadway is proposed.
E. Due to the size of the project site, stub streets should be anticipated if the project site is
subdivided. These stub streets will connect the project site to the adjacent parcels.
F. Overland Road has a vertical curve east of the project site. Sight distance is a major concern
in determining driveway locations. Site access restrictions can be anticipated to maintain
adequate site distances.
MRZ-4-95
Page 2
G. Based on development patterns in this area and the resulting traffic generation, staff has a
concern that the transportation system will not be adequate to accommodate additional traffic
generated by this proposed development. Depending upon the proposed site plan, a traffic
study may be needed.
H. This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on May 9, 1995.
If the rezone is approved and development proceeds, the District will provide the following
recommendations to City.
Site Specific Requirements:
1. A maximum of three site driveways are permitted. Location and design of the driveways
shall be approved by ACRD Traffic Services staff.
2. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter,
and 5-foot sidewalks. The developer will not be compensated for these improvements.
3. Overland Road shall be constructed to a 62-foot street section with curb, gutter and 5-foot
sidewalk. The developer will be responsible for the cost of constructing the five foot
sidewalk abutting the parcel.
4. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20-
additional feet). Total right-of--way to be dedicated may vary to take into consideration the
existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with
ACHD.
The owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit an application to the impact fee administrator prior to breaking
ground, in accordance, with Section 15 of ACRD Ordinance #188.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made, in writing, to the Manager of Engineering Services within 15 calendar davs of
the original Commission action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity and minimum fee of $110.00.
2. Aright-of--way permit must be obtained from ACHD for any street or utility construction
within the public right-of--way. Utility cuts should be combined where practical to limit
pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for
details.
MRZ-4-95
Page 3
'3. Submit site drainage plans and calculations for review and appropriate action by ACRD.
The proposed drainage system shall conform to the requirements of the city of Meridian and
shall retain all storm water on-site.
Public street drainage facilities shall be located in the public right-of--way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when
driveways are not being shared with the adjacent property.
5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of
the proposed street improvements. Authorization for relocations shall be obtained-from the
appropriate entity.
6. Specifications, land surveys; reports, plats, drawings, plans, design information and
calculations presented to ACRD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
7. Provide design data for proposed access to public streets for review and appropriate action by
ACRD.
8. Submit three sets of street construction plans to the District for review and appropriate
action.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
gaff Submitting Date of Commission Annroval:
MRZ-4-95
Page 4
CENTRAL
•• DISTRICT
'HEALTH
DEPARTMENT
Rezone
Conditional Use #
Preliminary /Final /Short Plat
W . ~ , M 0 b yLl.~ ~'J OV ~`~ZL.hiN~ ~ ~e r1~ 6
^ I . We have 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. After written approval from appropriate entities are submitted, we can approve this proposal for:
~~entral sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
13. c ~~ /2.~lwvF~~~ /y1/1'~/i~{rc~1~~" Cy/ 7~"Y'/ •'~- Date: / l ~--1 l `~
/S i~7~3'779~/~~ Reviewed By: ~
REVIEW SHEET
Environmental Health Division eturn to:
APB` ~ ~ ~~~~ ^ Boise
^ Eagle
~p . (~'~~ ;~"f~`~"'~ ^ Garden city
(~ ZJN).vg' .
Meridian
^ Kuna
^ Acz
fDND 10!91 rcb, rev. 11/93 jll
CENTRAL
•0 DISTRICT
~ HEALTH
DEPARTMENT MAIN Off1CE • 707 N. ARMSTRONG Pl. • BOISE, ID. 83704-0825 • (208) 315.5211 • FAX: 327-8500
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 RECONIlVIENDATIONS
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) CALiFORNI?. BEST MANAGEMENT PRACTICE HANDBOOK
Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe a_nd 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 /Boise County Office WIC Boise • Meridian Elmore County Office Elmore Cowty Office
701 N. Armstrong PI. 1606 Robert St. 520 E. Bth Street N. of Environmental Health
Boise, ID. 83704-0825 Boise, ID. 83705 Mountain Home. ID. 190 S. 4th Stre ~t E.
Enviro. Heotth: 321.1499 Ph. 334.3355 83647 Ph. 587.4407 Mountain Home, ID.
family Plonrnnq ?~; •i400 324 Meridian Rd. 83647 Ph. 587.9225
Immun¢ations: 31.7450 Meridian, ID. 83642
Nutrition: 321-1460 Fh. 888~t525
'lllC: 321-7488
Valley County OKce
P.O. Box 1448
McCdl.10.83638
Ph. 634-1194
HUB OFTREASURE VALLEY co Nc1~FMefng
~ OFFICIALS RONALDR.TOL9MA
WILLIAM O. BeRO, Jt., Clly Clark A C30od Place to Live MA1t yERRINOTON
~ ROBERT 0. CORAIE
JANIC6 L. OA99, CKy Treasurer
N
~6
a
n
E
E
M
~
y
P CITY OF MERIDIAN WALTW.MORROw
Ml
l
ie
AR
,
I1I
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uPt. P s z coMMtcsloN
JOHN T. 9NAWCROFT, Waats Water 9u01. JIM JOMN90N, Cltslnnsn
33 EAST IDAHO
DENNI6 J. SUMMERS, Parks 9uat.
BNANI S. STILES, P 6 ZAdm. MOE AUOJANI
MERIDIAN, IDAHO 83642 JIM 8MEARER
KENNETN W. BOWERS, FInCnlet
w. L. "SILL" ¢oaooN, Pollee p,IOI CNARUEROUNTREE
Phone (Z08) 888.433 • FAX ('2t>~ 887813 TIM NEPPER
887
2211 ~
208
WAVNE 0. CROOK9TON, JR., AltorneY .
~ ~~ ~ ~ p~~
)
Public Wotks/Building peporitnont (
1~
/
GRANT P. KINGSFORD
~r~ Y B ~a ~~~ ~~~5
hlAr,~pq f• MERI
~;
,
~;ly
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DTVE~~~1~~~!RQJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendationswill be considered by the Meridian
Planning 8t Zoning Commission, please submit your comments and tecommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by:,~lflay_ 2 1995
TRANSMITTAL DATE: 5 HEARING DATE: 519195
REQUEST: Ann xation ertd Zoning of 20.67 acres to -G
BY: re a
LOCATION OF PROPERTY OR PROJECT:,. NorttL on Overland Roe and
a,~pgroxi~j~13 0 feet weat_~igt,~av 69 ~ -
JIM JOHNSON, P/Z
__J1110E ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM NEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
B08 CORRIE, C/C
WALT MORROW, C/C
MAX YERRINOTON, C1C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
__~111ERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM b FINAL PLAT)
~„_~1DA COUNTY HIGHWAY DISTRICT
,~1DA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM ~ FINAL PLAT)
U.S. WEST(PRELIM 8t FINAL PLAT)
INTERMOUNTAIN C3AS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PREUM 8 FINAL PLAT)
CITY FILES
YOUR CONCISE REMARKS:
District has no comment
of the a ove mentioned
rr
at the time the pro ert is develo ed.
Bil
~~ ~~~ ~ ~ ~~~3
MAY 01 '95 13 45 2088886201 PAGE.05
~ , OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L GASS, Clty Treasurer
GARY D. SMITH, P.E. Clty Enplneer
BRUCE 0. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water SUDt•
DENNIS J. SUMMERS, Perks Supt.
SHARI S. STILES, P b Z Adm.
KENNETH W. BOWERS, Flre Chief
W. L. "BILL" GORDON, PoUce Chlsf
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
IvIERIDIAN, IDAHO 83642
Phone (208) 8884433 • 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 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: Mak2. 1995
TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95
REQUEST: Annexation and Zoning of 20.67 acres to C-G
BY: W H Moore Company
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
approximately 1300 feet west of H~hway 69
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, PIZ
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C1C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8~ 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:
1.1 S LJ~ S I R,E,C,2u .ESTS l(7 ' FQONT
W T~ !_. NLI E L ~ wI ~. ~ 4.01~ T V T . U1 Li ~ MaTI~
H~~ ¢~o ~s wi w w~o-rta ~lv ofJE n~ IUd >z~.
APR 2 7 19~~
.. .. _ .
c..&~ ~ ~`it :`~a~i~t~xt~..
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary May 4, 1995
TO: W.H. MOORE COMPANY
8150 EMERALD, SUITE 140
BOISE, I y~~37A4~~
FROM: Karen Gallagher, Coordinator
Development Services Division
SUBJECT: MRZ-4-95/ANNEXATION Overland w/o Kuna-Meridian C-2 to C-G
Your applications for the above referenced project was acted on by the Commissioners of the
Ada County Highway District on . The attached staff report lists conditions of approval and
street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
John Edney
Briggs Engineering
City of Meridian
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
ADA COUNTY HIGHWAY DISTRICT ~ „ (
Development Services Division
Preliminary Report
MRZ-4-95/A -Rezone from C-2 to C-G
Meridian
The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre
site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy
69). This development is estimated to generate up to 10,350 additional vehicle trips per day
depending on the use.
Roads impacted by this development:
Overland Road -Minor arterial with no pathway designation shown
- Traffic count 5,669 in 1990
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ACHll Commission gate - tviay 3, iyy~
. - -' Facts and Findings:
A. General Information
C-2 -Existing zoning
C-G -Requested zoning
20.7 -Acres
288 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation shown
Traffic count 5,669 in 1990
800-feet of frontage
65-feet existing right-of--way (25-feet n/o centerline; 40-feet s/o centerline)
90-feet required right-of--way (45-feet from centerline)
Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk.
B. The applicant states that the property is currently undeveloped.
C. Overland Road provides only two travel lanes at the present time. An irrigation canal
borders the south edge of the project site (i.e. the north edge of Overland Road). The
ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes
for each direction plus a center turn lane). This roadway section will require 90 feet of
right-of--way.
The presence of the canal on the north side of Overland Road will complicate the ultimate
design and right-of--way requirements. Two probable alternatives are to relocate the canal
north of the future right-of--way line or move the roadway south to avoid the existing canal
location. In either case, additional right-of--way will be required. Staff recommends that the
applicant coordinate the dedication of additional right-of--way with the District and the
appropriate irrigation district.
D. Site access restrictions can be anticipated as a site development plan is proposed. The site
frontage of 800 feet will allow a maximum of three driveways. Only one or two site
driveways may be allowed if a new site roadway is proposed.
E. A traffic signal may be required at an entry drive to this development.
F. Due to the size of the project site, stub streets should be anticipated if the project site is
subdivided. These stub streets will connect the project site to the adjacent parcels.
G. Overland Road has a vertical curve east of the project. Sight distance is a major concern in
determining driveway locations. Access restrictions can be anticipated to maintain adequate
MRZ-4-95
Page 2
sight distances.
H. Based on development patterns in this area and the resulting traffic generation, staff has a
concern that the existing local street system will not be adequate to accommodate additional
traffic generated by this proposed development. Depending upon the proposed site plan, a
traffic study may be required.
I. This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on May 9, 1995.
If the rezone is approved and development proceeds, the District will provide the following
recommendations to the City of Meridian.
Site Specific Requirements:
Submit the development site plan to the District for review and comment. A traffic impact
study and additional requirements may be imposed based on the plan.
2. A maximum of three site driveways are permitted. Location and design of the driveways
shall be approved by ACHD Traff c Services staff.
3. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter,
and 5-foot sidewalks. The developer will not be compensated for these improvements.
4. Overland Road shall be constructed to a 65-foot street section with curb, gutter and 5-foot
sidewalk. The developer will be responsible for the cost of constructing the five foot
sidewalk abutting the parcel.
5. Install a traffic signal, if required by the District, on Overland Road at a location to be
determined by ACHD Traffic Services upon review of any proposed development.
6. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20-
additional feet). Total right-of--way to be dedicated may vary to take into consideration the
existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of-way with
ACRD.
The owner will be compensated for this additional right-of--way from available impact fee
revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way,
the owner must submit an application to the impact fee administrator prior to breaking
ground, in accordance, with Section 15 of ACRD Ordinance #188.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made, in writing, to the Manager of Engineering Services within ~ 5 calendar davs of
MRZ-4-95
Page 3
the original Commission action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity and minimum fee of $110.00.
2. Aright-of--way permit must be obtained from ACHD for any street or utility construction
within the public right-of--way. Utility cuts should be combined where practical to limit
pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for
details.
3. Submit site drainage plans and calculations for review and appropriate action by ACRD.
The proposed drainage system shall conform to the requirements of the city of Meridian and
shall retain all storm water on-site.
Public street drainage facilities shall be located in the public right-of--way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when
driveways are not being shared with the adjacent property.
5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of
the proposed street improvements. Authorization for relocations shall be obtained from the
appropriate entity.
6. Specifications, land surveys, reports, plats, drawings, plans, design information and
calculations presented to ACHD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
7. Provide design data for proposed access to public streets for review and appropriate action by
ACRD.
8. Submit three sets of street construction plans to the District for review and appropriate
action.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
atarr ~udmittmg Date of Commission Approval:
Karen Gallagher MAY ~ 4 1995
MRZ-4-95
Page 4
~0 ' 3~Jtid
' BRIGGS.,
9E:bZ S6, bZ add
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COMPANY .~-~- ~-~
FAX N0.
DATE y-2`~-Ct~
N0. OE PAGES SENT .-.~-
{lnduding Transmittal}
FROM; ,
BRIGGS ENG hiE~RING~, IN
1911 S. ORCHARD, SUITE
FAX N0.(208)345-295fl
sax * Bast:, i~. x3705
7ELE ;NO.(208)344-9700
BEl PI~OJEC7 N0. ~ ~~~'
REPLY REQUESTED ~ i
COPY
.... .. ..~,.,.~ „on ci n~ FM :BOISE. IDAHO 83705 ~ (2~8) 344-9700 FAX ~JO (208) 345-2950
E0 ' d J.l I J Nti I Q I ~13W 01 WOad LE : b T S66 T-bz-add
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CERTIFICATION OF HEARING N~TICE SIGN
I ~ ~ ~
I, Debbie I ecker (Briggs Engineering, Inc.), do hereby certify that a hearin' notice
sign for V~ H. Moore Annexa#ion & Rezone was planed at the subject p~rc~l on
April 24, .1995.
e " i I 4
i
ie Becker
~ ~
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~ ~ ;
STATE OF IDAHO)
ss. , .
County of Ada ) ~ ~ .
Ot~ this 24th day of ril , 1995, before men the undersigned, personally
appeared Debbie ecke ,known to me to be the person whose name is
subscribed to the within instrument, who, being by me.first du~r sworn, dirk depose
and say hat she executed the foregoing instrument:
IN WITNESS WHEREOF, l have set my band and affixed my ofF~cial seat the
day and year in this certificate first above written
;: ~ ,
~~-~` ~ V AN ,4~.
1/"~ ,
~~°TqR. ~~ s~ Notary Pufyli r ~dah
• Residing at 117
~, ~UBL1G ~ ~ My Commission Expires
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950112
i
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be ' d Al I 7 NFi I Q I ~13W Ol WO~Id 8E : b I S66 T-bz-~Ide
1
~ ~ OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E. Clty Enplneer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P ti Z Adm.
KENNETH W. BOWERS, FlreChlef
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 ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TtM 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: May 2. 1995
TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95
REQUEST: Annexation and Zoning of 20.67 acres to C-G
BY: W.H. Moore Company
LOCATION OF PROPERTY OR PROJECT: North on Overland Road and
approximately 1300 feet west of Highway 69
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 8~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
,, APPLICATION FOR ANNEXATION APPROVAL &
` ~ ZONING OR REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
GENERAL INFORMATION
N/A
(Proposed Name of Subdivision)
North on Overland Road & approximately 1300 feet west of Highway 69
(General Location)
SE 1/4. Section 13. T.3N.. R.1W.. B.M.. Ada Countx
(Legal Description -Attach if Lengthy)
Tower Associates (212) 935-1331
(Owner(s) of Record) (Name) (Telephone No.)
654 Madison Avenue. New York. NY 10021
(Address)
W H. Moore Compaq 323-1919
(Applicant) (Name) (Telephone No.)
8150 Emerald. Suite 140. Boise. Idaho 83704
(Address)
Briggs Engineering Inc 345-2881
(Engineer, Surveyor or Planner) (Name) (Telephone No.)
1111 S. Orchard Suite 600 Boise Idaho 83705
(Address) ,
(Jurisdiction(s) Requiring Approval)
N/A
(Type of Subdivision -Residential, Commercial, Industrial)
Annexation Acreage 20.67 Acres of Land in Contiguous Ownership.
(Accepted By:)
(Fee)
950112
W. H. MOORE COMPANY
ANNEXATION
1. W. H. Moore Company (8150 Emerald, Suite 140, Boise, Idaho 83704).
2. Tower Associates (654 Madison Avenue, New York, NY 10021).
3. Notarized affidavit attached.
4. Attached legal description.
5. See attached Record of Survey.
6. Present Land Use: Vacant property, zoned C-2 (Highway Commercial Zone).
7. Proposed Land Use: Uses allowed within the C-G Commercial. Specific uses have
yet to be determined.
8. Present Zone: C-2 Highway Commercial (Ada County Code).
9. Proposed Zone: C-G (General Commercial Zone).
10. & 11. The property adjoins Interstate 84 on the north boundary and is situated
between C-G property on the east and C-3 property (Mountain View Equipment) on
the west. The parcel is also located on a minor arterial (Overland Road). The
parcel is identified on the map as a mixed planned use development. W. H. Moore
Company is purchasing the 20.67 acres and the adjoining 18.41 acres to the east
zoned C-G. The applicant intends to develop the entire 39.08 acres as a planned
commercial development.
12. 300 scale map attached.
13. Property owner list attached.
14. The Meridian Comprehensive Plan designates the Overland and I-84 area as a
mixed use area which could include commercial, medium-to-high density residential,
industrial, office, medical, etc. The rezone to C-G would be consistent with the
Comprehensive Plan goals.
15. Fees attached.
16. Briggs Engineering will post the property.
950112
r• ~ ,
DESCRIPTION OF
PARCEL 1
FOR TOWER ASSOCIATES
October 20, 1994
A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described
as follows:
Commencing at a brass cap marking the southeast corner of Section 13, T.3N., R.1W., B.M.,
thence N 89°46'23" W along the south line of said Section 13, 1309.44 feet to the Southeast corner
of the SW 1/4 of the SE 1/4 of said Section 13, the Real Point of Beginning of this description;
Thence continuing along said south line N 89°46'23" W 799.58 feet to a point;
Thence N 0°31'11" E 19.24 feet to a point;
Thence N 1°03'11" E 340.95 feet to a point;
Thence N 0°13'37" W 229.32 feet to a point;
Thence N 0°38'59" E 228.87 feet to a point;
Thence N 1 ° 19'50" W 21.81 feet to a point;
Thence N 0°31'11" E 292.20 feet to a point on the southerly right-of-way of I-84;
Thence S 89°33'35" E along said southerly right-of-way 385.48 feet to a point;
Thence continuing along said southerly right-of-way S 85°44'44" E 419.99 feet to a point;
Thence S 0°46'49" W 1101.44 feet to the Real Point of Beginning of this description.
Said parcel is subject to a Kennedy Lateral easement and Overland Road right-of-way and other
easements of record or of use.
Said parcel contains 20.67 acres, more or less, of which 0.46 acres is right-of-way.
Michael E. Marks, L.S. -
930912
AFFIDAVIT OF LEGAL SERVICE
STATE OF IDAHO
COUNTY OF ADA
I, Jon H. Manchester , 654 Madison Avenue.
(NAME) (ADDRESS)
New York New York 10021
(CITY) (STATE)
1. That I am a general partner of Tower Associates, the record owner of the
property described on the attached, and I grant my permission to
Winston H. Moore , 8150 Emerald. Suite 140 (83704. P.O.
(NAME) Box 8204. Boise. Idaho 83707-2204
(ADDRESS)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold Meridian City and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
Dated this 24th day of March , 19Q~.
,/~ /'
(Sig(nature)
Subscribed and sworn to before me the day and year first abAVe written.
Nota Public for Ne/w/ -York
My Commission Expires: 3 ,a `'~
Gi;'ACE MoDO~IN~-
~ry P Nbc'41ta~~1'p ew York
puafifisd 'in Qes March 8 19...L.7
(;~mmfsslon Expi
.;--..,
L; .~. <<
•e
8102342
WARP.AN'PY DEED
THIS INDENTURE, made this 1st day of December, 1986, by
and between TRIBUNE PUisLISHING COPIPANY, INC., an Idaho corporation,
party of the first part, and TOt9ER ASSOCIATES, a New York general
partnership, with offices at 8000 South Cole Road, Boise, ID 83709,
party of the second part,
t4ITNESSETIi
That the said party of the first part, for and in con-
sideration of the sum of Ten Dollars ($10), lawful money of the
United States of Arncrica, and other good and valuable considerations
to it in hand paid by the party of the second part, the receipt
whereof is hereby acknowlcdycd, has granted, bargained and sold, and
by these presents does grant, bargain, sell, convey and confirm unto
the said party of the second pzrt and L-o its successors and assigns
forever, all o£ the £olloti•;i.^.g-described real property, situate in
Ada Count,', State of Idaho, anti particularly described as follows,
to-wit:
T. ;parcel of lane: lyin;; in a i>ortion of the St•il/4 of the
SE1/4 of Section 13, '!'u~.~ns);ii: 3 idorth, i?ange 1 t•:est,
Boise tlcridian, F~.da County, Idaho, and more particularly
described as `ollc~•rs:
BEGI:~NIA'G at a brass can ;rarkinv the Southeast corner
of the saki Sr:l/: of Section 1.3; ther,cc Plorth 89°46'
5~J" l4est 1,309.45 feet along the Southerly boundary of
the said SF•1./4 of Section 13, whi:;h i.s also L•he center-
line of Overland Road, to an iron pin marking the
Southeast corner of the laic: St^:1/4 of the SE1/4 of
Section 13, also said roir.t being t}:c R1:11L POINT OF
BL•'GI,iNING: tizence continuing ^+orth 29`46' S0" t^iest
739.58 feet alone; thr_ Southerly boundary of the said
SP:1/4 of tiu~ Sl•:1/4 of Section 13 to ~,: iron pin; L-hence
North 0°30'44" East 1,132.3: feet along a line Easterly
of and parallel v:ith the t•iesterl.y boundary of the said
S;~il/4 of the SE1/4 of Section 13 t-o an iron pin on the
Southerly right-of-~ti'ay line of Interstate Highway 80N,
Federal hid Project No. I-o0N-1(12)37; thence South
89°34'02 East 805.47 feet: along the said Southerly
right-of-•::ay line of Inter.stat~e iiic;h~::a•/ 80x1 tc an iron
pin, on the Easterl~; l:.our.dar.y of tY*c S.•:1/4 SE1/h of said
r
.p
Section 13; thence South 0°46'21" West 1101.44 feet
along the said Easterly boundary of the SW1/4 of the
SE 1/4 of Section 13 to the PO.:.P?T OF EEGINNING.
TOGETHER with all and singt:l r the tenements, hereditarnents
and appurtenances thereunto belonging ar in any wise apperataining,
and the remainder or remainders, reversion or reversions, rents,
issues, claims and demands whatsoever of first party, either at law
or in equit1~, of, in and to the above-described premises.
And said party of the first part, for itself and for its
successors and assigns, does hereb~~ covenant and agree to and with
said party of the second part, its successors and assigns, that at
the time of the enscaling and delivery of these presents, they are
seized of the premises above conve.red, in fee simple absc:lute, and
have good right, full power anti la~•:iul au:.:hority to grant, bargain,
sell and convey the same in manner a,rd form aforesaid, and that the
same are free anti clear of all former and other rrant~, bargains,
sales, liens, taxes, assessments and encu^ihran~es of ~•:hatsocvcr kind
or description, except reservations or exceptions in patents or in
acts authorizing i:h(? l.~~Uat1CC t:hcrc:oi; water rights, and Cla1~TiS and
title t:o water.; liens, levic~ and •lssessments of the ::~mpa-!•leridian
Irrigation District and thc~ rights, l~ov:er. s and casc:~cnts of said
District as provided by law; a Right-of-t•;ay ?gr~•cment, dated 'larch
1, icJG3, recorded i+l1l"11 15, 1~3G3, i1:; InSt!"ulnclnt :7U.~i~.:SC;l, ~]nC3
recorded ,'~7ay 22, 1963, as In:.trument :•?o. 556566, recor.cis of t,da
Counry, Idaho; a right-of-way fc.)r Ovcrl.and P,oad over the southerly
25 feet of the above-descrit~ed property; right-of-way for Y.ennedy
Lateral along the southerly boundary of the al~ovc-described prohcrL-y
and the rights of access thereto for r:aintc'nance of said lateral;
rights-of-way of tcao-ioot concrete c:itch over southerly portion of
the above-described property anti irri~:anon and dr:,inaye ditches
meandering across the above-descrii~ed hroperty and along the easterly
and norther~y boundaries tirerecf.
y
~1 . -
• '
F
• And the above-bay-<,ained premises in ~.{uiet and peaceable
. possession of said second party, its successors and assigns,
against all and every person c,r persons lawfully claiming or to
claim the whole or any part thereof, said first party, its successors
and assigns, shall and will WARRANT and forever DEFEND.
IN [ti'ITNESS WHEREOF, the party of the first part has hcre-
unto set its hand and seal the day and year first above written.
TRIBUNE PUIILISIIING COMPANY, INC.,
j /,. ;.
•:.
IIY
President
A:"r?'ST:
-- Secretary
sT«'rL oF~ I D A 1{ o )
ss.
County of NEZ PL12cE )
On this ~"/i~~ del;' of DecemUer, 1980, before me, the
undersic~necl, a notary public in and L-or the State of Idaho,
personally appi:ar.cd JOIiN I{. ^'il1`rLOCK, known to me to be the
known to me to be the
president and I:[!01;`~II1 HA"'~13LIN,
secretary, of the corporation that executed the within and
for.eyoinq i:istrumcnt and ackno~•~ledyed to me that such corpora-
tion executed the same.
IN WIT:;rSS P:1{1;RL•'0?', I have hcr.cunto scat my hand and
affixed my official seal the day and year first above written
• ' ', Notary Public. zn' and for the State of
~•' Idaho, Residing at Lewiston, therein.
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