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~ HUB OF T OFFICIALS REASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, Jr., Clty Clerk A Good Plata t0 LIVC RONALD R. TOLSMA JANICE L. GABS, City Treasurer MAX YERRINGTON GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Wster Worka Supt. ~ITy OF MERIDIAN WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. DENNtS J. SUMMERS, Parka Supt. 33 EAST IDAHO P 6 Z COMMISSION SHARI 8. STILES, P rr<z Adm. JIM JpHNSON, Chairman KENNETH W. BOWERS, Flre Chief MERIDIAN ,IDAHO 83642 MOE ALIDJANI W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) s8s-4433 • FAX (mss) 887813 JIM SHEARER CHARLIE ROUNTgEE Public Works/Buildln B ~Parltn~nl (2os) s87-ul 1 TIM HEPPER GRANT P. KINGSFORD Mayor 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: August 1. 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C-G and L-O for 4017 acres BY: Jim Ballantvne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 -GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C .-WATER DEPARTMENT -,SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE .DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 17, 1995, for the purpose of reviewing and considering the Application of Jim Ballantyne, for annexation and zoning of approximately 40.17 acres of land located in the NE 1/4 of Section 13, T3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located south of Franklin Road and West of Highway 69 (Meridian Road). The Application requests annexation with zoning of Limited Office (L-O) for 17.97 acres and Commercial General (C-G) for 22.19 acres. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 28th day of September, 1995. WILLIAM G. BERG, JR., CI C ERK :.,. -~ ~-4 Y~ ' , ~ ~ ' ~ DA PLANNING AS~CN. • * p ~~ 20 ,9 ~ - ' •g JUI. ~ ~ ~3 o ~ 0 ,J il~ 12 .. ~, ~y • ~ •o " AYE •3 ~_. v c}. _ ~; V~ ~ (~, ~ VAC. ~ VAC. `o h \ ~ ~ © N Y ` V 3 -~- - ~'.' t_I~' Mb ST. e.~ .. _ _._ u1-. 3/v 309 .. ~ S! i4 / 2 3 + jn ~ S i9 ~. i _ ~I zs /~• i 't If ~ P/ 5 y i' _ ,. e . T. ' I / ' J ly ~ ~ o t f ri.~ - /2 u t u V ,• i ~0 i24 ` l ' IC h` „ tf © tt - !! ~1`!6~° ~4 .3 ;2 .J :iARRETT ST. 7 s Is a 3 2 I -4- - 4 10 II 12 13 14 15 ~ t FUIMER CT. I ~A F,p ., i 28 27 28 29 30 31 • -f• HANOVER CT ~ ~ 39 r38 37 36 35 ~ 3 - ..._.~._ a2 43 4a ~ 6 7 T ENNWOOD ST. 4 II 12~~22 8 ~ 10 13 2' E ~ 9. .4 s 20 J I x~ ...7116 i_(t8 ~f `~ ~I .; N __ ..~ ~ CIY'Y of M,Qlt-~1~Y~ .2. „~~ ~, cp~ ~ _ _ ~ -2A- ~ ~ ~ ADA PLANNING A9CN. ~ JUL.101995 ~ ~ ~ ~ ~ a s -2C- 4 RT _3- t . ,. ~ r ~ .,. • -... .... -j ... .r WA TMAN SANE ~ .__ . -- - I -JJL'- -~oE" ~ ~o ' -; ~- ,.~.~ f goo. ~ .,f~ I ~ ; ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Sfireet, Meridian, Idaho, at the hour of 7:30 p.m., on August 8, 1995, for the purpose of reviewing and considering the Application of Jim Ballantyne, for annexation and zoning of approximately 40.17 acres of land located in the NE 1/4 of Section 13, T3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located south of Franklin Road and West of Highway 69 (Meridian Road). The Application requests annexation with zoning of Limited Office (L-O) for 17.97 acres and Commercial General (C-G) for 22.19 acres. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1995. WILLIAM G. BERG, JR., I CLERK • ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hail, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 8, 1995, for the purpose of reviewing and considering the Application of Jim Ballantyne, for annexation and zoning of approximately 40.17 acres of land located in the NE 1 /4 of Section 13, T3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located south of Franklin Road and West of Highway 69 (Meridian Road). The Application requests annexation with zoning of Limited Office (L-O) for 17.97 acres and Commercial General (C-G) for 22.19 acres. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hatl, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1995. WILLIAM G. BERG, JR. I CLERK ** TX CONFIRMA",~:EPORT ** DATE TIME TOiFROM 19 09103 08 34 208-888-3969 i ¢ ~I'I'Y OF ~VIERIDI,A PUBLiC WO~tI<S DEPA,R'T~Er 33 East Idaho Avenue Meridian, Idaho 83642 Voice # (208) 887-22I I Fax # {208) 887-1297 or 4813 To: Jsanne Ambrose, Fitzgerald & Crookston 1530 W. State Street Meridian, Idaho 83642 Fax # 888-3969 From the dealt of Bruce A Freclcleton Assistart to City Engineer No of pages including cover: Seven (7) Subject: 1~routaer Basisas pant Annesatioa Message: AS OF SEP 03 '9b~ s8 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS G3--S 03'50" 007 020 OK September 3, l 996 Here are the corrected legal descriptions for this annexation. Sorry to get them to you at 0 hour, but I just received them myself. Call if you should have any questions. TROUTNER BUSINESS PARK Legal Descriptions 3) Boundary Legal of lots to be zoned L-O: 8/30/96 PA~~ 9 ~~ • • TROUTNER BUSINESS PARK Legal Descriptions Based on a record of survey performed by Hubble Engineering (survey no. 3640, instrument no. 96068429) and recorded with ADA county described as follows: A parcel of land lying within the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00°08'25' West, a distance of 613.70 feet to the REAL POINT OF BEGINNING; thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorcled in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58' West, along said east boundary, a distance of 1363.46 feet; thence S 85°41'00" East, a distance of 147.41 feet to an iron pin; thence N 79°55'00" East, a distance of 211.34 feet; thence N 00°08'58" East, a distance of 1005.86 feet; thence N 29°38'58" East, a distance of 170.41 feet; thence N 57°41'11" West, a distance of 161.79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more or less. ~! .~~-.~ i~.~,~ 8/30/96 ~f4GE l o TROUTNER BUSINESS PARK Legai Descriptions 4) Boundary Legal of lots to be zoned C-G including Fuller properly: 8/30/96 p~~E II • TROUTNER BUSINESS PARK Legal Descriptions Based on a record of survey performed by Hubble Engineering (survey no. 3640, instrument no. 96068429) and recorded with ADA county described as follows: A parcel of land lying within the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Sedion 13; thence West along the North line of said Sedion and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Sedion 13; thence continuing West along said section line, a distance of 362.70 feet to the REAL POINT OF BEGINNING; thence S 00°08'25" West, a distance of 613.70 feet; thence S 57°41'11' East, a distance of 161.79 feet; thence S 29°38'58' West, a distance of 170.41 feet; thence S 00°08'58' West, a distance of 1005.86 feet; thence N 79°55'00' East, a distance of 312.03 feet; thence N 00°13'31' East, a distance of 142.00 feet; thence N 89°52'13' East, a distance of 790.35 feet to an iron pin; thence N 00°23'12' East, a distance of 329.06 feet to an iron pin; thence N 89°56'06' West, a distance of 128.95 feet to an iron pin; thence N 00°18'07" East, a distance of 663.29 feet; thence N 89°58'05" West, a distance of 663.21 feet; thence N 00°13'31" East, a distance of 349.76 feet; thence West, a distance of 123.99 feet; thence N 00°13'48' East, a distance of 313.10 feet; thence West, a distance of 238.73 feet to the REAL POINT OF BEGINNING. containing 28.70 acres of land, more or less. r / ~~~ ~ ~~ 8/30/96 P~~~ IZ ANNEXATION DESCRIPTION FOR NORMAN FULLER A pazcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particulazly described as follows: BEGINNING at the northeasterly corner of said SE 1/4 of the NE 1/4; thence S 0°22'31" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 327.25 feet to a point; thence leaving said easterly boundary S 89°52' 13" W a distance of 533.53 feet to a point; thence N 0°23' 12" E a distance of 329.06 feet to a point; thence S 89°56'06" E a distance of 533.45 feet to the POINT OF BEGINNING. This parcel contains 4.02 acres and is subject to any easements existing or in use. This description was prepazed from record documents obtained from the Ada County Recorder's office. Afield survey has not been performed and as such Civil Survey Consultants, Inc. is not responsible for any discrepancies a field survey might reveal. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated August 30, 1996 ~A GE 13 Meridian City Council September 3, 1996 Page 8 Tolsma: Second Corrie: Motion and seconded to approve the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #739 - BALLANTYNE-TROUTNER ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE NE 1/4 OF SECTION 13, T.3N, R.1 W., B.M. ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #739 read in its entirety? Hearing none I will entertain a motion on Ordinance #739. Morrow: Mr. Mayor I would move we approve Ordinance #739 with the suspension of rules. Tolsma: Second Corrie: Motion made. by Mr. Morrow, second by Mr. Tolsma that we approve Ordinance #739 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BA~LANTYNE: TABLED AUGUST 6, 1996: Morrow: Mr. Mayor, as a refresher, the reason for table on August 6 was, we had to do the annexation, was there any other outstanding reason other than that? Corrie: No, we needed to get the proper order. Gary do you have any problem with it at all? Smith: No I don't. Rountree: I have a question for staff that the responses received from Keller and Associates July 9, in response to staff s comment letter, have they addressed the issues • Meridian City Council August 20, 1996 Page 4 Rountree: Second Corrie: Motion is made and seconded that we adopt Ordinance #738 with suspension of rules, any further discussion? Mr. Counselor one question do I need to read the title on this again since it was read last time and tabled? Crookston: Yes Corrie: Okay, I will hold the motion until I read the title. ORDINANCE #738, AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 7, CHAPTER 6, SECTION 6-12 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, RE-ENACTING TITLE 7, CHAPTER 6, SECTION 6-12 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have this Ordinance read in its entirety? Seeing none, we have a motion that Mr. Bentley has presented that we accept ordinance #738 with suspension of rules and second by Mr. Rountree, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Nay MOTION CARRIED: 3 Yea, 1 Nay ITEM #5: TABLED JUNE 4, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Corrie: Council you have those findings of fact and conclusions of law, any discussion? Morrow: Mr. Mayor, I have a question for the Counselor, we were talking on a couple of different occasions concerning the easement situation with the road (ina~,dible) and I can't in my review of this I could not find where that is discussed (inaudible) can you tell me where that is discussed. Crookston: Excuse me, it is not discussed because I think that came up after the hearings. That was part of the plat, I don't thir~c ~ was discussed as part of the annexation and zoning. Morrow: I thought that was part of the presentation for the secondary access (inaudible). Crookston: I cant' totally disagree with you because it has been so long since we have had it, we heard it on October 17, 1995. It could very well have been part of the presentation Meridian City Council August 20, 1996 Page 5 . but I thought that was all part of the platting. I would have to go back and look at the minutes that were done, prepared at the time that it was presented. Rountree: On page 5 of the findings of fact item 6 indicates that was testified to by Mr. Ballantyne that there be an easement a 50 foot easement on the Norm Fuller property. Crookston: That was, excuse me Mr. Mayor, that was part of the application that would it would have access along that 50 foot easement but I think that Mr. Morrow is talking about additional things besides that statement from the applicant that they were going to be using the property of Norman Fuller for access to Meridian Road. I think there were other statements as far as the plat is concerned about that easement. Morrow: I guess from my perspective, what I am really after here is that it is not in the conclusions and it doesn't address. It was very critical for the emergency service folks and the testimony was presented in terms of ingress and egress from two different locations in terms of I thought as part of the annexation package and part of the plat package. Basically these things have been (inaudible) and so I am not totally sure what all (inaudible). Mr. Rountree has rightfully pointed out that it is here and in the findings of fact. I could find no (inaudible) So I guess my question is that if that is not so then what should happen if Mr. Fuller should decide (inaudible) that he wants to use that property for something else and the easement disappears. It is a hypothetical situation but I am concerned about that. Crookston: If that occurred, there would be no access off of this property off of Meridian Road whatsoever. I believe in the documents that were submitted with the application though there is a consent from Mr. Fuller that be included in the annexation. I recall reading that, I can't recall that he specifically said that he granted it to them for easement purposes or not. Do you have a comment Mls. Stiles, it has been a while since I have looked at these documents. Stiles: Mr. Mayor and Council Norm Fuller did consent to the annexation of his entire property as part of this annexation. I believe that even if the findings do not address that particular issue it can be covered in the development agreement and is already a condition of the preliminary plat which you will have on your agenda on September 3. You will not be able to develop anything south of the Eight Mile lateral without that access in place. Morrow: So I guess my question then Shari, you are totally comfortable that access is (inaudible) is covered and that is not something that we have to be concerned about in the future? Stiles: I am satisfied that it is going to be taken care of. Meridian City Council August 20, 1996 Page 6 Corrie: Any further discussion of Council? I guess we are ready Rountree: Mr. Mayor, I would move that the Meridian City Council adopts and approves the findings of fact and conclusions. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that the Council of the City of Meridian adopts and approves the findings of fact and conclusions, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, the City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant enter into a development agreement prior to the issuance of any building permit. That if the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into a development agreement the property should not be annexed. Tolsma: Second Corrie: Motion by Mr. Morrow, second by Mr. Tolsma on the decision that was read, all those in favor? Opposed? MOTION CARRIED: All Yea IVlorrow: Mr. Mayor, I move that we instruct the City Q.torney to prepare the appropriate annexation ordinance for this parcel of property. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION-CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: ~ ~ MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 1 REQUEST; TABLED DECEMBER 5. 1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST BY JIM BALLANTYNE AGENCY CfTY 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 ~~6 ~~~~~ ~ ~,,a4~"~~ ~~" ~~~~Sk-a ~~i /r~ ~ ,~a ~ro~~X,~ ~~ ~c ~ y~ J r~°a 1 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING:- __ DECEMBER 5.1995 APPLICANT: -JIM BALLANTYNE ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION ND ZONING REQUEST ~.~ COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ i~ , MERIDIAN SCHOOL DISTRICT: ~ r V MERIDIAN POST OFFICE: n.. ADA COUNTY HIGHWAY DISTRICT: G~G, ~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAtN GAS: BUREAU OF RECLAMATION: OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. Wayne S. Forrey, AI~ • Urban Planner and Development Analyst 3045 Thayen Place -Boise, Idaho 83709 Telephone 362-9345 Fax 362-9416 Comprehensive Planning / City ~ Regional Plan Updates Citizen Participation 21 November 1995 Community (~ *'[j' Relations ~CEiVED Mayor Grant P. Kingsford Growth and City Council Members ~ 0 V 2 ~ 1g95 Management City of Meridian CITY ®F ~ERIDIAI~ Plan Implementation 33 E. Idaho Ave. Zoning, Annexation Meridian, ID 83642 & Development Ordinances Dear Mayor Kingsford and Council Members: Code Analysis My client, Jim Ballantyne, submitted aCommercial/Office Annexation and Zoning Land re uest to the Meridian Plannin and Zonin Commission on Jul 11 1995. Our Public Development q g g y ' Planning & Hearing before the Meridian City Council was held on October 17, 1995. Negotiations Infrastructure I understand that it is the preference of the Meridian City Council to review a Fanning Preliminary Plat before taking any action on an Annexation and Zoning Request. We are R l;Z i ; in the process of preparing a Preliminary Plat and the accompanying application for review en ev ta ac Plans by the Planning and Zoning Commission. This application will be submitted by December 15, 1995, for public hearing by the Commission on January 9, 199b. With the application Economic Development submitted on this timetable, our preliminary plat will come before the Meridian City Council on March 5, 1996. Please table our Annexation and Zoning Request until the Community Development March 5, 1996, City Council meeting. Finance Analysis n Thank you for your prompt attention to this matter. Keep up your good work! Fi al Implications Funding strategies Respectfully Public Policy Evaluation _ r~ W ,~,,,~,~ Project Wayne S. Forrey, AICP Management Representative of Mr. Jim Ballantyne Contract Planning Services to Cities & Counties g~~ Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; ~ #~~ REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 40.17 ACRES TO L-O AND C-G BY JIM BALLANTYNE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~•Z•li~I~~i1~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: :,~- ~~ !~ "" » 51h ~~ ~i' J OTHER: All Materials presented at public meetings shall become property of the City of Meridian. w ~ . Meridian City Council June 4, 1996 Page 49 Planning and Zoning. Any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea Ballantyne: Mr. Mayor do I have the option now to just withdraw this completely until it is a friendly atmosphere in Meridian toward development? Corrie: It is in your hands at this point. Ballantyne: I think that at this point in time I will want to consider just absolutely withdrawing the piece of land for development for any purposes in the City of Meridian. I feel I have really gotten the run around from your guys and we have been at this for a long long time. All of the changes to the plat was because of your comments and because of the comments of ACHD. I want to consider the option of just forgetting about the City of Meridian for development of any land over here. ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THE ANNEXATION AN ZONING REQUEST FOR BALLANTYNE TROUTNER BUSINESS PARK BY JIM BALLANTYNE; TABLED MAY 21,1 996: Corrie: I would entertain a motion, Counselor, would that be a motion to be discontinued, tabled or what? Tabled if he doesn't go on with the preliminary plat (inaudible) Crookston: The findings of fact and conclusions of law on the annexation and zoning are not. Corrie: So we need to Crookston It is up to the Council as to whether you want to act on them or not or to table them because there are going to be changes in the plat. The plat is a different issue than the annexation and zoning. It is totally up to Council as to whether or not you want to table it until you know what is going on, until you give him an opportunity to withdraw the whole application. He could withdraw the plat application and still have the property still annexed and zoned. Rountree: I have a question on Jim's comment to staff, was he never instructed on how to prepare a preliminary plat. We have never seen a preliminary plat that meets in my opinion our ordinance requirement, this certainly does not meet our plat requirements I don't think, it is not engineered, it is a concept. • • Meridian City Council June 4, 1996 Page 50 Stiles: I have often expressed my dissatisfaction with this plat. Rountree: Then I think we are talking the same thing. Stiles: It is just slightly better than something we might get on the back of a napkin. Morrow: If I might, and I have to go to the .staffs defense here, I understand Mr. Ballantyne's frustration. But gosh darn we were in a meeting, Mayor Corrie and myself and I believe Shari Stiles and Gary Smith, Norm Fuller and at any rate I thought that the points were well made at that meeting that we as a Council needed precise information as to what it was we were going to do. Or what it was they were going to do so that we can have some sense of what we were buying for our community. The point is yet today I still don't see any reflection of any of the discussions that we have had before. I don't see any reflection of the discussions that we had then, we talked about, the staff talked about their requirements and gosh dam it there has been really no change. We are still looking at in my opinion a zoning and annexation of property with basically no commitment on the part of the development folk to any of the things that we have to have in todays world to make these things doable..: I use that meeting as a case in point the Avest project on the corner of Locust Grove and Fairview which essentially committed to everything at point of annexation and zoning to and including drawings and pamphlets and booklets and neighborhood testimony. Rountree: Well I wasn't meaning that towards staff I was just wondering if there is gross confusion or perception on the part of the applicant that we don't need information in Meridian, apparently that is the case. Stiles: The applicant's representative chose to try private meetings with the Mayor rather than talk to me directly. Bentley: Mr. Mayor, would be appropriate to say table this for 30 days to see what his response is going to be? Morrow Or table it for 60 days, it needs to be tabled because I am not willing to buy off on the annexation and zoning. (Inaudible) Stiles: Mayor and Council even the amount of property that was to be zoned limited office and commercial has changed significantly so I don't even believe those findings would apply anymore, at least they would need to be revised. ~ • Meridian City Council June 4, 1996 Page 51 Rountree: So that would go back to P & Z as well. Cowie: Also Council I think that the road study was done in February and that was before changes were done as well Crookston: You should table it to (inaudible) to a Council meeting date. Bentley: I make a motion that we table this to August 20, 1996. Rountree: Second Cowie: Motion made by Mr. Bentley, second by Mr: Rountree that this item 8, findings of fact and conclusions of law be tabled to August 20, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED MAY 21, 1996: LATE COMERS AGREEMENT FOR GEMTONE CENTER NO. 2: Cowie: We have a request that this be, riot be submitted until June 6th as the agreement has not been reviewed by the City Engineer and City Attorney. It doesn't specifically state there. Rountree: Well this is the 2nd or third time they have requested this, how long is this going to take? (Inaudible) Bentley: I make a motion we table this until the second of July. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table this until July 2nd, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE • MERIDIAN CITY COUNCIL MEETING: MAY 21.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 9 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING FOR BALLANTYNE TROUTNER BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ ~~~~ ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ MERIDIAN CITY COUNCIL MEETING: MAY 7.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 20 REQUEST•FIND,SIGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION /ZONING REQUEST TABLED MARCH 5.1996 AGENCY CITY CLERK: CITY ENGINEER: ~~Z~L~iluL=l~Y>~~ CITY PLANNING DIRECTOR: I~~ CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW U ` ~ CITY POLICE DEPT: ~ ~" (I CITY FIRE DEPT: U 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: ~I Materials presented at public meetings shall become property of the City of Meridian. M • • MERIDIAN CITY COUNCIL MARCH 5 1996 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 P. M.: MEMBERS PRESENT: Walt Morrow, Ron Tolsma, Glenn Bentley, Charles Rountree: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, .Shari Stiles, Chief Gordon, Vernon Croft, Walter Casey, Merle Aldon, Bernie Fortner, David Lang, R.B. Morrison, Steve Sweet, Chris Beeson, Tom Thorson, Mike and Sheila Bresnahan, Keith Bird, Ted Hutchinson, David Leader, Verland Sanders: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 20, 1996: Corrie: Council you have had those minutes, any corrections or alterations? Entertain a motion for acceptance. Rountree: Mr. Mayor I move that we approve the minutes of our previous meeting February 20. Morrow: Second Corrie: Motion made by Councilman Rountree, second by Mr. Morrow that the minutes of the previous meeting held February 20, 1996 be approved, all those in favor say aye? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD FEBRUARY 27, 1996: Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the minutes of the special meeting held February 27, 1996 be approved, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED DECEMBER 5, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXA`I"ION AND ZONING REQUEST BY JIM BALLANTYNE: Morrow: Mr. Mayor, on the 14th of February we received a letter written by Wayne Forrey, now if memory serves me we had tabled this request by Mr. Ballantyne pending the w. • Meridian City Council March 5, 1996 Page 2 preliminary plat coming along in conjunction with that request. The letter on February 14 from Mr. Forrey said my client Jim Ballantyne submitted a commercial office annexation and zoning request to the Meridian Planning and Zoning Commission on July 11, 1995. Our public hearing before the City Council was held on October 17, 1995 and action was tabled so we could prepare a plat for City Council review. I understand it is the preference of the Meridian City Council to review a preliminary plat before taking any action on an annexation and zoning request. WE have prepared a preliminary plat and accompanying application for review by the Planning & Zoning Commission. This application was submitted in anticipation of the February 13, 1996 Planning and Zoning Commission public hearing. At the request of the Commission, I am sorry at the request of Mr. Ballantyne the application was tabled last night by the Planning and Zoning Commission to be heard by them at the March 12, 1996 Planning and Zoning Commission meeting. That the application on this time table our preliminary plat should come before the Meridian City Council on may 7, 1996. Please table our annexation and zoning request until May 7, 1996 City Council meeting. Thank you for your prompt attention to this matter. Keep up the good work. Respectfully, Wayne Forrey. Unless there is anything outstanding that has changed that position I would move that we table the findings of fact and conclusions of law for annexation and zoning request for Mr. Ballantyne until the May 7, 1996 meeting. Rountree: Second Corrie: Motion is made and seconded that we postpone the findings of fact and conclusions of law for the annexation and zoning of Jim Ballantyne until May 7, 1996, any discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED FEBRUARY 20, 1996: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS NO. 3 SUBDIVISION BY MARTY GOLDSMITH: Corrie: Counselor do we have that or Shari? Crookston: I have reviewed it, on the exhibit B, I think that there needs to be a couple of very minor changes. It would be my recommendation to have the Council approve it subject to change by Mr. Goldsmith and myself or Mr. Goldsmith's attorney and myself. Corrie: Comments from Council? Rountree: I would have a question for staff if they reviewed it. Do you have any comments to add? Wayne S. Forney, AIC Urban Planner and Development Analyst c 3045 Thayen Place -Boise, Idaho 83709 Comprehensive Planning / City & Regional Plan Updatos Telephone 362-9345 Fax 362-9416 14 February 1996 REC~I~ED F E ~ 1 5 t~3S Citizen Participation community Mayor Robert "Bob" Come Relations and City Council Members Growth City of Meridian Management 33 E. Idaho Ave. Plan Implementation Meridian, ID 83642 Zoning, Annexation Dear Mayor Come and Council Members & Development Ordinances CITY OF I~EI~IDIAN My client, Jim Ballantyne, submitted a CommerciaUOffice Annexation and Zoning code Analysis request to the Meridian Planning and Zoning Commission on July 11, 1995. Our Public Land Hearing before the Meridian City Council was held on October 17, 1995, and action was Development Planning & tabled so We could re area lot for Cit Council review. I understand that it is the p p p Y Negotiation< preference of the Meridian City Council to review a Preliminary Plat before taking any action on an Annexation and Zoning Request. Infrastructure Planning We have prepared a Preliminary Plat and the accompanying application for review Revitalization Plans by the Planning and Zoning Commission. This application was submitted in anticipation of the February 13, 1996, Planning and Zoning Commission public hearing. At the request of Pconomic Develo m nt Mr. Ballantyne, the application was tabled last night by the Planning and Zoning p e . Commission to be heard by them at the March 12, 1996, Planning and Zoning Commission communay meeting. With the application on this timetable, our. preliminary plat should come before Development Finance Analysis the Meridian City Council on May 7, 1996. Please 18ble,our Aiou mod, Ong -itequest until the May 7 1996, City Caluncil meeting. Fiscal Implications Thank you for your prompt attention to this matter. Keep up your good work! Funding Strategies Public Policy Evaluation Respectfully, Project Management ~ ~, Contra°t Wayne S. Forrey, AICP Planning Representative of Mr. Jim Ballantyne Services to Cities & Counties ~~~ Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association . ,~. Meridian City Council December 5, 1995 Page 5 meeting. I can bring the agenda item back to the City Clerk if you want to handle it that way. Kingsford: It would certainly be a way to take it off the table. What is the Council's pleasure? Morrow: My pleasure would be for the resolution of all matters of concern before we approve the release of funds very candidly. Kingsford: So you would move then to allow the reimbursable subject to all of those conditions being met. Morrow: No, I want to see all the conditions being met and then we will make the reimbursement. Kingsford: I would entertain that motion. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max then date certain to the next meeting to table this to the next meeting pending resolution of the items with regard to the single point connection to the City water and who makes that connection, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED NOVEMBER 8, 1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 40.17 ACRES TO L-O AND C-G BY JIM BALLANTYNE: Kingsford: Any question or discussion on that? Mr. Forrey outlined a time table that P & Z will have heard that plat and it would reasonably get to the Council. That was one of the conditions that you guys had placed on that earlier is to see a plat. Morrow: So moved. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the request for annexation and zoning for Jim Ballantyne to the March 5, 1996 meeting, all those in favor? Opposed? r c ~. Meridian City Council December 5, 1995 Page 6 MOTION CARRIED: All Yea ITEM #5: TABLED NOVEMBER 21, 1995: CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: Kingsford: I think we have a request there likewise for table to the December 19 meeting Corrie: Mr. Mayor, is that in reference to this, (inaudible) because of this Central Drive trouble or is there something else involved here (inaudible). Kingsford: Well, did you get the letter Bob? You got the same thing that I am looking at. Shari, have you talked to anyone from Sandpiper? Stiles: Mr. Mayor and Council, I believe the main issue is ACHD also the person that would be presenting has not been in town. Corrie: Mr. Mayor I move that we table item #5 until December 19. Yerrington: Second Kingsford: Moved by Bob, second by Max to table item #5 Sandpiper Restaurants until the December 19 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED NOVEMBER 21, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS NO. 3 SUBDIVISION: Kingsford: Council had opportunity to review those amended findings. Morrow: What was our reason for tabling there? Kingsford: Was that the issue on 2 block lengths? What was this one. Counselor? McColl: The Council was about to pass on the amended findings of fact and conclusions of law for Salmon Rapids No. 3 and I believe the zoning ordinance and I put my foot into everybody's mouth and stood up just before the vote and said maybe you want to back off and have a look at them because I found that there were a couple of mistakes. In particular we had referred to moving the fence on Salmon Rapids No. 1. I went back to my office and • Meridian City Council November 8, 1995 Page 21 ROLL CALL VOTE: Corrie -Yea, Yerrington -Yea, Morrow -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the. decision? Morrow. Mr. Mayor, the Meridian City Council of the City of Meridian hereby decides that the property set forth in the application is approved for annexation and zoned general retail and service commercial C-G with a conditional use permit issued on the conditions set forth in these findings of fact and conclusions of law. That if the applicant is not agreeable to these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. There shall be no development or use whatsoever of the property for anything other than a planned commercial development with conditional use permit required for these specific uses. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: CONDITIONAL USE PERMIT FOR A RETAIL PROJECT OF APPROXIMATELY 700,000 SQUARE FEET BY LANGLY AND ASSOCIATES; TABLED OCTOBER 17, 1995: Morrow: Mr. Mayor, the findings for this conditional use are part of the findings for the annexation and zoning request. So Counsel advises me that all we need to do is a motion for the approval of the conditional use permit for the retail project and I would make that motion. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the conditional use permit for a retail project of 700,000 square feet by Langly and Associates, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 40.17 ACRES TO L-0 AND C-G BY JIM BALLANTYNE: • Meridian City Council November 8, 1995 Page 22 Kingsford: Does the Council have questions or comments on that? Morrow: Mr. Mayor, the findings of fact and conclusions for the annexation of this particular parcel I am troubled by these from the standpoint that we have been requiring for all projects the submittal of a plat in conjunction with an annexation and zoning. The issue here is clearly there was no plat or development plan and no indication at all in terms of usage for this particular property. In a sense it is land banking. I don't think it is in the City's best interest at point of annexation not to have, at point of annexation we have maximum control over usage of parcels of property. In Mr. Ballantyne's presentation I was troubled by the fact that in that area, in the 1/4 mile section line is the dividing line pretty much between residential and non-residential uses. In the case of his proposal there was a deep in road to inside that 1/4 mile line for some uses. The second issue is clearly there was a problem with the line up of the roads with respect to ACRD if I remember correctly it was even- implied by Mr. Ballantyne that a portion of that road was actually an easement as opposed to a dedication and that was a property owners of which they didn't have control of that property. And so it appears to me for the sake of consistency and fairness of others that we have required continuing plats that or development proposals that we don't step away from that precedents even though this ground does represent an enclave. That it is in our best interest to be consistent and to resolve the issue of the road access and to resolve the issue of the usage of the ground within the 40.17 restaurant. Kingsford: If I may, we have an issue that Counsel polled each member of the Council, it was a tie vote, Counselor called me and asked my opinion, the findings were prepared base don that and low and behold Mr. Tolsma turns up sick this evening. So, we have a dilemma if I might suggest that this maybe be tabled and see if some of your issues brought up which are very valid can't be rectfied and look at those being incorporated also in these findings. Morrow: Then I would move to table to our December 7 meeting. Corrie: Second Kingsford: Moved by Walt, second by Bob to table this to the December 7 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Counselor, the esteemed City Clerk has brought up a valid point to our attention, following the agenda, it wasn't on there but with regard to Langly and Associates we need to direct you to prepare an ordinance is that correct? ~ ~ i Meridian City Council November 8, 1995 Page 23 Crookston: That is correct. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare an ordinance on annexation and zoning for Langly and Associates all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Who said December 7? Morrow. I did. Kingsford: December 5 is the right date. Morrow. I stand corrected. Yerrington: I move we take a eve minute recess. Corrie: Second Kingsford: Moved and seconded we take a five minute recess, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY ALBERT & SUSAN BERNER AND MARIE NANNI: Kingsford: Does the Council have any questions with regard to those findings? Mon'ow. Mr. Mayor, I vuould move that we approve the findings of fact and conclusions of law for the variance requested by Albert and Susan Berner and Marie Nanni. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law for Albert and Susan Bemer and Marie Nanni, roll call vote. Meridian City Council October 17, 1995 Page 41 Morrow: Mr. Mayor, my preference would be to table this until we see the findings of fact and conclusions of law and act on them at our next meeting. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the findings of fact and conclusions of law on the conditional use permit until the next- meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 40.17 ACRES TO L-O AND C-G BY JIM BALLANTYNE: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Janelle Sanford, 3045 Thayen Place, Boise, was sworn by the City Attorney. Sanford: Bear with me this is my first time doing this Mayor and Council members I will be brief and do the best I can. I work with Mr. Wayne Forrey, who is the designated representative of Mr. Ballantyne, he was unable to be here tonight and sent me in his place. We appreciate the staff review and the agency comments we have received and have reviewed the findings of fact and conclusions of law from the Planning and Zoning Commission. We agree with them, they are acceptable. We urge you. to approve these findings of fact and conclusions of law and hope you ultimately approve annexation of this property. There were a few concerns mentioned in the Planning and Zoning public hearing. Namely the connection through Pennwood or Barrett, that is not necessarily desirable to us. We already have access to Franklin Road. The connection to Highway 69 we have been in meetings with the Ada County Highway District and understand that will be a very integral part of the conditional use permit process. Mr. Ballantyne did have some comments that he would like to make and I will rescind to him. James Ballantyne, 10250 Whispering Cliffs Drive, Boise, was sworn by the City Attorney. Ballantyne: I have several, I noticed several conflicts within the findings here. The first is on page nine, is the 35 foot landscape setback on Meridian Road and we do not own any of that land there. That land is owned by Norman Fuller and we have an access, we own an easement through his property that he has agreed to annex along with our project. But we can hardly dedicate his land to a 35 foot setback and landscaping and sidewalks and all of this. Then in the ACRD findings they address this and did not require the 35 foot landscaping and setbacks. So there is a contradiction between the findings of fact and • • Meridian City Council October 17, 1995 Page 42 conclusions of law and ACRD findings. On page 10, (inaudible) road entrance, our access that easement that I alluded to through Norm Fullers property fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas it is off center. Their center lines are 10 to 15 feet off center. They almost comply by they are off a little bit. There is a variance in ACRD regulations that say if they don't line up exactly well then you have a 125 foot off set. They can go either way, but it would be impossible on this piece of property because of the narrowness of Mr. Fuller's land and the easement that he gave us is the best one I think for. both of us. I am referring to the owners of the land in the back and Mr. Fuller. On page 5, I have some problem talking about access to the backyards of the neighbors. I can see some future problems there on having the neighbors in the subdivisions having access across the greenbelt so to speak that landscaped area and coming in at the wrong time of the year and tearing up the grass. So the owner of the land gets upset because they are tearing up the landscaping. I think that we can come to some agreement there as far as giving access to the neighbors but maybe there is an off set by us not having to actually landscape quite that much land. I think that 35 feet is an excessive amount of off set there. And so, that is something that we have to negotiate with those neighbors that are right contiguous to our development. I am sure we can resolve it, they can have access to their backyards although every, I might point out too that every other land owner in that subdivision has to access his backyard not through somebody else's land but through their own. So this just pertains to the people that are actually contiguous to our development. Thank you. Kingsford: Thank you, anyone else from the public? Joe Kutch, 625 Hanover Court, was sworn by the City Attorney. Kutch: If I am understanding what he is talking about he said there are some discrepancies in the middle of all of this with ACRD and the findings of fact and all that stuff. If there are discrepancies I don't see how anything really can proceed without this all being addressed. Also, he was talking about, me being one of them with my property at the back, being right behind where they are trying to develop. I asked before, he said that we don't want to force him but to try and purchase any of this property. I asked are we going to have the opportunity to purchase any of this property and I still haven't heard anything about that myself. But those are some of the questions that I have. Kingsford: Anyone else from the public? Ballantyne: In answer to our neighbors question, I have no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards. So that is my answer if that is satisfactory. • Meridian City Council October 17, 1995 Page 43 (Inaudible) Ballantyne: I think we can get together and work out that strip there. The only people that are impacted truly visually by the development are the neighbors that actually have lots contiguous to the development. I am sure that we can work out something satisfactorily to where they have their access and we provide some strip in there for visual also. Kingsford: Jim, this is from memory, but it seems like in looking at the P & Z minutes, was there an issue with regard to annexing an easement? Ballantyne: There was and Mr. Fuller has in fact agreed to the annexation of that 50 foot easement. Kingsford: Counselor, is there a problem with just annexing a 50 foot strip with regard to a shoe string annexation? I can't remember how this sits relative to that, so I just ask this question. Crookston: There is not a problem in this particular situation. Ballantyne: Here is it visually. Kingsford: Thank you. Ballantyne: I would like to get together with the neighbors immediately after this. And we can kind of get our heads together on this. Kingsford: I have no control over them but if they are willing to get together with you that is their privilege. Anyone else from the public? Seeing none I will close the public hearing. Oh excuse me, Walt. Morrow: I have several questions with respect to this in terms of staff. First I would like to hear Lany Sale from ACRD address the issues that have been raised with the road not lining up. How this gets adequately serviced from the Highway Districts standpoint and just a general presentation of what the District's thoughts are here. Larry Sale, ACRD, was sworn by the City Attorney. Sale: For the record I am Larry Sale with Ada County Highway District. Kingsford: Just as a point of reference I re-opened the public hearing since you swore him in. • • Meridian City Council October 17, 1995 Page 44 Sale: With regard to the off set of the driveways, I need to know which direction they are off set to see if it really makes it a problem. If they are off set, if the driveway on the north side is west of the driveway on the south side there is less of a problem. Morrow: There is no reference point that I can tell. Ballantyne: We did the best job we could with our scales to scale out the engineering and the surveys. The problem being exactly what he pointed. out, Mr. Morrow is that the plat on the east side does not, there is no connection between the two plats. So we had to scale that on one side. To the best of my memory the drive one the west side which is this strip is about ten feet, the centerline of that access is about 10 feet to the north of the centerline of the access on the east side. There is about a ten foot but of course that is using the scales, that isn't an actual survey. Sale: This driveway we are talking about is on Franklin Road? Ballantyne: No this is on Meridian Road. Sale: Okay, say that again please? Ballantyne: Okay, this strip that we are talking to, the 50 foot easement into our property, the centerline of that easement is approximately 10 feet north of the centerline of the curb cut into Rick Thomas's development there where he is putting in some office buildings. Sale: If that is correct, the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time would be in each others steering wheels. I would suggest that perhaps the location of the 50 foot easement could be shifted a few feet, we can work with up to five feet without a major problem. resist encouraging you to approve anything with an offset greater than that in this direction. If the driveways happen to be the other direction it wouldn't be so severe. I apologize for misunderstanding where the driveways were, I thought we were talking about one on Franklin Road, the other side. What was the other question from Councilman Morrow? Morrow: The access and traffic circulation within the parcel. I am having a problem with this project because there is nothing here in terms of a development plan. Has anybody seen a plan by which traffic circulation works here? Sale: Mr. Mayor and Councilman Morrow, we have not, we assume that we are looking at the annexation here and expressing some concerns about the things that are obvious to us. But, we anticipate prior to development there would have to be either a conditional • Meridian City Council October 17, 1995 Page 45 • use permit application or a subdivision application filed with the City that would then give us an opportunity to see how site circulation within the property. It is a goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then you are probably familiar with our longer range plan to extend Corporate Drive west past this property, south of this property into the interior of the square mile to really serve as a collector out of that area. We have received. a request to have that placed on our capital improvement plan for qualification for the use of impact fee revenue. Beyond that I can't speak much to the circulation pattern. Any other questions? Tolsma: Mr. Sale, (inaudible) stub street in the Landing Subdivision (inaudible) and then that was supposed to come clear back to Meridian Road (inaudible). Kingsford: That is what he was speaking to. Sale: That is correct, that would be extension of Corporate Drive and I think you will have a chance to give us some comment on that. Tolsma: Part of that was supposed to go through this parcel. Sale: Maybe not this one but I think Corporate Drive aligns perhaps, well it comes in just about the north boundary of the property that has the storage units on it. I think that is a few feet south of this property. We would expect this property to have access to that collector either directly if that collector goes through the southern portion of the property or though some adjoining property or intervening property between this and the collector. Kingsford: So you would look at the stub to the south of this property. Other questions for Mr. Sale? Thank you Larry. Morrow: My next question would be of Gary Smith and Shari Stiles, any input that they may have had with reference to this project thus far? Smith: Mr. Mayor and Councilmen, the sewer service for this property, that portion of the property to the north and the east of the Eight Mile Lateral as it crosses would be towards Franklin Road and we do not have a sewer line in Franklin Road at this time. However, we do have some preliminary plans to construct one prior to the improvement of Franklin Road so that it would be available. Water does exist in Franklin Road, a 10 inch water line exists there that would serve into this property and it would be looped back through the Franklin Square Subdivision and could- also be looped through the access road onto Meridian Road. The portion of the property to the south of the Eight Mile Lateral would sewer to the south and west probably into Franklin Square Subdivision. We haven't chased any invert • • Meridian City Council October 17, 1995 Page 46 elevations on that project but to the best of our thoughts and I think the preliminary work that has been done by the applicant that is the direction that it would sewer. Kingsford: Gary, how far down Franklin is that sewer, that is not all that far where we have it in Franklin is it? Smith: There isn't any on, well, on Franklin from East 1st towards Meridian Road, it comes over to Meridian Road and then ducks into the Rose Park Circle at an angle. There is no sewer in Franklin from Meridian Road to the west. Morrow: Plus, we have an elevation problem slightly west of this in terms of sewer line anyway. Smith: Yes, we won't be able to carry this sewer line much farther than the western boundary of this property because of the elevation problem. That is the grade of Franklin Road is going up to get over the Eight Mile Lateral. We will be able to get that far with the sewer without any problem, we won't be able to get any farther than where Eight Mile Lateral crosses Franklin Road. Kingsford: Don't we have a sewer line that goes back of Hoff? Smith: Yes, we would tie onto that one and bring it out to Franklin Road and then extend that west in Franklin, correct. Kingsford: What else Mr. Morrow? Morrow: Shari, your comments? Stiles: Councilman Morrow and Council, I guess I can't have really any specific comments at this time without a plan. Mr. Ballantyne addressed the 35 foot landscape setback, I don't believe that is an unreasonable requirement, we have been requiring it on new annexations along those entrance corridors. Like I say it is very difficult to assess the compatibility with adjacent development with no plan to look at. Morrow: Mr. Mayor, if I might I would like to make some comments here with respect to this project. I think that clearly in the case of consistency we have required plats to be coming in conjunction with annexations. Clearly based on tonight testimony there is no plan, plat and there is a bunch of unanswered questions with respect to the project. I am not totally convinced when you look at our zoning map that portion that is currently west of the 1/4 mile section line and south of the Eight Mile Lateral had ought to be maybe residential and compatible with the other residential. Part of my thinking there is that we have commercial • Meridian City Council October 17, 1995 Page 47 • uses and office type uses and so on and so forth on our main zoning map that line up parallel to Meridian Road and also parallel to Franklin Road. This portion that is south of Eight Mile and west of the 1/4 mile section line or what appears to be the 1/4 mile section line clearly jogs outside of what we have already approved within that area. We don't have a resolution with respect to traffic flows and traffic plans. It seems to me based on Mr. Sale's comments and my knowledge of the rebuild of East Corporate and Franklin Road that there may be some conflict with .the alignment of Corporate Drive and the entrance to this particular subdivision. It seems to me that those things had ought to be all addressed in some sort of presentation before us so that we know what it is we are buying if we choose to zone and annex. So, from my perspective, I think until I see all of these questions answered in a plat or some sort of development plan that I am not comfortable taking any further action on this proposal. Kingsford: I guess I would just offer an exception to part of you statement. I agree with you with regard to the zoning questions. I am not sure I agree with his zoning questions, I have applauded the Council's consistency on annexation with regard to seeing development plans first. In most areas however we are talking about an infill project that makes a lot of sense that we annex but it ought to be the right zoning when we annex it at least in my viewpoint. Any other comments of the Council? The public hearing is closed, what is your pleasure? Morrow: Mr. Mayor, I think that I would move for amended findings of fact and conclusions of law to be drawn. Yerrington: Second Kingsford: Moved by Walt, second by Max to have amended findings of fact and conclusions of law drawn, discussion? Corrie: Would you kind of clarify just what you said on why you want to change the findings? Morrow: I want to look at the, I want to change the findings to reflect in the findings, we have two avenues we can go. We can move to deny in terms of not upholding the findings of fact and conclusions of law as written. In our findings of fact and conclusions as written the P & Z raises the issue of the confusion with respect to the plat and the plat not being there. It is my intent to make the motion to amend the findings to further spell out what it is we want to see if that was the will of the Council that was certainly my preference and that is the point of the motion. Kingsford: Okay, you have heard the motion and second, all those in favor? Opposed? • Meridian City Council October 17, 1995 Page 48 MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Billy Quinn, 2310 N. Meridian Road, was sworn by the City Attorney. Quinn: Mr. Mayor, distinguished members of the Council good evening and (inaudible). 1 wrote a long well thought out letter to you all which I was going to pass out to you then I read the findings and found everything I said in my letter was already said in the findings. So I will just cut straight to the chase as it were. In reading the findings I am generally in agreement with the findings of fact. I do have one or two questions, on number 7 in the conclusions, page 12, it states that the annexation application has been initiated by the applicant which is true, I am being virtually surrounded by the City of Meridian so it seems to me to be just a question of time whether you invite me in or I initiate it. The reason I bring that up is in item #17 addresses the specific zoning, zoning of property in the area from (inaudible) R-20. To be frank with you I don't have a problem with that, except that in #23 I fail to see how (inaudible) then draw a conclusion that R-40 (inaudible) be appropriate (inaudible) my request would be to stick with item #17 and to (inaudible) R-40 and restricted to R-20. Also I have some questions about the ACRD report, I would like it to be just a matter of record that there is access to the property presently from Meridian Road and that Chrisfield Road (inaudible) across the street from the property and probably (inaudible) from Blue Heron Lane just as a matter of record. ACHD has mandated some pretty specific directions as far as access to the property being only from Blue Heron Lane and there seems to be some conflict and controversy as to the ownership of Blue Heron Lane whether or not it is a private lane or a public road. (Inaudible) undeveloped, untaken care of and unattended for a protracted period of time and the developer of this property is then going to be required to bring Blue Heron Lane completely up to date. That is a question that occurs to me is (inaudible). Those are my questions and I respectfully request your approval for zoning to R-40 restricted use to R-20. Kingsford: Just a comment, in those findings is a real problem and you have addressed that with regard to, the City of Meridian doesn't have an R-20 zone. The R-15 is what is should have been and there is a conflict there. We do not have an R-20 zone, there is R- 40, R-15. Quinn: Well, it is not an R-20 zone but restricted to 20, it is R-40 restricted to 20 units per acre. MERIDIAN CITY COUNCIL MEETING: OCTOBER 17 1995 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 18 REQUEST; REQUEST FOR ANNEXATION AND ZONING OF 4017 ACRES TO L-0 AND C-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS P 8: Z MINUTES FOR 8-8-85 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COM ENTS ~~ G~ ~ , ~. ~~ ~~ ~~' ~ OTHER: l~l Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission August 8, 1995 Page 25 Johnson: What is your pleasure at this point, the public hearing has been closed. Shearer: If this was to come in as an R-40 would a PUD be required? Stiles: Commissioner Shearer yes it would be and I believe a planned unit development, a general planned residential development R-40 is the only residential zone where it is allowed as a conditional use. It is not even permitted or allowed as a conditional use in any of the residential- zones..:... - - - - Rountree: Mr. Chairman, I move that we have findings of fact prepared on this item. Shearer: Second Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the request for annexation and zoning of 2.3 acres by Billy Quinn, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 40.17 ACRES TO C-G AND L-O BY JIM BALLANTYNE: Johnson: At this time I will open the public hearing and invite the applicant or his representative to address the Commission. Wayne Forrey, 52 East Franklin Road, was sv~rorn by the City Attorney. Forrey: Mr. Chairman, members of the Commission, I am here tonight representing Jim Ballantyne who is one of six principles who own the property that we are asking for annexation. Jim has been around the valley a long time, developed property in Meridian and Boise and he is a good developer. He wants to get this property annexed into the City and proceed with some potential development. Some interest has been expressed recently in two types of business on the property. I would like to, I have an overhead two transparencies that I would like to show you. Could I set up the projector? This is a view of the vicinity around the property just about 40 acres of bare ground right now. The blue area and the green area are the parcels that we are requesting annexation. The olive colored area that says Norm Fuller is owned by Norm Fuller and Jim Ballantyne owns a green strip of property out to Meridian Road between the Norm Fuller property. So the project or the property has access on the north to Franklin Road and access on the east to Meridian Road. The area in blue is anticipated Limited Office and that is our annexation request. The area in light green is commercial general C-G. The storage property on • • Meridian Planning & Zoning Commission August 8, 1995 Page 26 Franklin Road owned by Stubblefield development is shown up there in the northwest comer. Hinckles and McCoy is right next door there where it shows R1 still in the county. The veterinary clinic, the Farmers Club and Centennial Motors and the Universal Wood Products are all in the C-G zone just like the storage along Franklin. Then you have the rose trailer court there in the corner and just south of that is Hope Arms. Then you have Norm Fuller's property and then the Meridian Rental Center property is on the south side of the Ballantyne property. Of interest here is the subdivision, Franklin Square subdivision which ~s you see hereon the left side of the map and those folks in a prior annexation and zoning request expressed some pretty good ideas on how this property should or should not develop. I want to summarize that for you. The Commission and citizens may recall that about a year ago a fellow approached Jim Ballantyne and his partners, this fellow was named Troy Green and he wanted to develop I believe a mobile home park and that went through the public hearing process and it was recommended denial and no action was taken ultimately on that. Jim and I sat down and reviewed that file and we teamed some lessons from going through that. First of all that citizens and City officials definitely wanted property tax base on that property. Secondly there was concern about school attendance so we took that into consideration. Protecting local property values, a lot of folks on the Troy Green project felt that mobile home park would devalue their property. And then there was concem about whatever developed there should have good landscape buffers right next to that subdivision. So, here is our response from learning from what happened about a year ago. I wasn't involved with the Troy Green project, but going through this with Jim, here is an approach we think would be good for the community, good for the people there in Franklin Square subdivision. In our application we stated that any development that would occur there should be done under a conditional use permit process. We are requesting that be the case whether it is in the office or in the C-G zone. That would give maximum citizen involvement and that is what citizens requested and they exercised that during the Troy Green project. We anticipate that the office and commercial uses are there because citizens and City officials indicated they wanted some tax base there. That would also help the school district, not hurt the schools but help and help the City. Limited Office is there because citizens were concerned about the interface right next to their subdivision, what would develop. We think office would be a good transition. In that conditional use process it could be an office campus there could be good setbacks, good landscaping, it could be even single story. You don't have the evening type traffic, we hope that would be good neighbor to that subdivision and I think it could be. The C-G uses are there for the commercial development that is generally in that part of Franklin and Meridian Road. I think it blends in well. The last point here we would expect that there be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property. Jim has two business interests in the property, nothing specific. We are hoping this could be annexed with these stipulations so that when that property or a portion of it is sold then a specific development request comes before the City as a conditional use. Neighbors are involved and I think we get good development • • Meridian Planning & Zoning Commission August 8, 1995 Page 27 that way. I would be happy to answer any questions. Johnson: Thank you Wayne, any questions from the Commission. Rountree: What is the R-14 County zoning equate to? Forrey: I think it has changed, that is an old county zone. I don't think they have that any more and i don't know, it might have been 14 units per acre. I do know, does the Planning director know? It is fairly dense, I failed to mention one thing, Jim and I reviewed the staff report and agree totally with everything that is in your information packet with no objection. They are fine. Alidjani: Any specific use you have in mind Wayne? Forrey: I am not aware of any, but Jim has been as of today I think he even had a request. Jim are you aware of the specific use, just that there is a business that wants to purchase I think 6 acres for a business use. I don't know if it is retail or office or what type of business. There is another party that is expressing an interest in buying a portion of it up along Franklin Road they want the frontage along Franklin Road but I don't know what kind of business it is. Johnson: Have you reviewed the letter from ACHD dated August 3? Forrey: Yes Johnson: Do you have any questions or concerns or disagreements with any of those suggestions? Forrey: None Johnson: That center green there going out through the Norm Fuller property, that is not an easement that is actually deeded? Forrey: I noted in the ACRD report it said easement but it is my understanding that is deeded property, do you know Jim? (Inaudible) James Ballantyne, 10250 Whispering Cliffs, Boise, was sworn by the City Attorney. Ballantyne: Norm Fuller sold us the property where the 4 is to the north of the lateral. At • • Meridian Planning & Zoning Commission August 8, 1995 Page 28 that point in time Norm and on my deed from Norman Fuller it gives that exclusive easement through Norm Fuller's property. It does not, the way I read it although I am no attorney, I read it as an easement rather than fee simple title. Then we purchased the green just to the south where the C-G 22.9, from Glen Hudson and Norm Fuller 1 understand had sold that to Glen Hudson with the same easement and then of course Glen Hudson on my deed from Glen Hudson and Northwest Nazarene College states that same easement. So I have t~nro deeds that sites that easement. Alidjani: Mr. Ballantyne, how many feet is that easement? Ballantyne: Fifty feet Crookston: As the owner of the easement have they or it consented to the annexation? Ballantyne: Yes, all of my partners have agreed to the proceedings that we are going through. Crookston: Well maybe I am confused Jim but as I understand it you are talking about the strip that runs from Meridian Road to the west, that is the 50 feet that you are talking about. Ballantyne: It is in light green, between Norm and Fuller on the map. Crookston: That is an easement ground? Ballantyne: It is to my understanding, 1 think I gave Shari, didn't I give you a deed? 1 gave the deed to Ada County, ACRD. Crookston: If it is an easement though has the owner of the land granted permission to have you have that property annexed? Ballantyne: No, I haven't asked him. He is the same one that gave me the easement, he is the same one that I bought the property to. It is a very specific easement, it is not a general just a 50 foot easement, it is given a meets and bounds. Crookston: But there is an owner of that land that is apparently not one of the six people that (inaudible). Ballantyne: Are you telling me that he has to be a party to our Crookston: Because he owns the land, he has to consent to the annexation and zoning. Meridian Planning & Zoning Commission August 8, 1995 Page 29 Ballantyne: Well, is Norm here tonight? I wasn't aware of that condition. Shearer: Wetl, they don't need to annex that anyway just use it for a drive won't they? Crookston: It would have to be annexed to be able to be used for a drive. He would have to consent to it to be used for a drive. (Inaudible) Ballantyne: I would think he has already accepted the fact that it is going to be used for a drive, why else would it be Crookston: That certainly may be Jim but as far as the City is concerned we need to have the owners consent to be annexed. It doesn't make any sense not to annex it if it is going to be used for development purposes for the property to the west of it. Ballantyne: I have no objection to them giving you a request that be annexed also. Johnson: Did you have anything further Mr. Forrey? Forrey: No, just to answer any questions? Johnson: Any more questions? Rountree: You talked about a buffer in one of your issues, what do you have conceptually? Forrey: I would like to hear from the residents in Franklin Square. We have been making some phone calls, Janelle in my office, and one of the people that Janelle spoke to asked that the possibility that they could actually buy some ground from Jim Ballantyne directly behind their home so they could have a permanent buffer. That I think really is unnecessary that is a lot to ask a property owner to buy ground so they can have a buffer. I think that could be a requirement on the development when it comes in under conditional use. I think the neighbors could give some input on that, how wide, what type of development, the landscaping that type of thing and it could be addressed in the development agreement or the conditional uses that would ultimately come before the Commission. 1 don't have any specifics. Alidjani: Wayne, you did mention you are going to have a buffer zone on a residential area where Pennwood is and Hanover and those culdesacs, is that correct? • Meridian Planning & Zoning Commission August 8, 1995 Page 30 Forrey: Yes, Alidjani: I just wanted to make sure I understood you correctly, how about the side of the Hope Arms residential area? Forrey: There needs to be a buffer there as well because some of the Hope Arms buildings are pretty close to the property line, you vwuld know with Sanitary Service. If that is zoned commercial that whatever develops there has got to buffer itself from the adjacent residential. I think that is another area where that conditional use has to be pretty tightly controlled to make sure that is buffered right there. And also at the comer of the mobile home park as well. Johnson: Okay, this is a public hearing, is there someone that would like to address the Commission from the audience? Mike Wewers, 550 Lynhurst, was sworn by the City Attorney. Wewers: Members of the Planning and Zoning Commission we do have some concerns regarding the light office zoning. One I would like to find out what the current zoning is with the County and what an R14 is. Two, some of our concerns are Barrett Street and Pennwood Street, v~uld those streets continue all the way through, currently they are a dead end to the property. We would like to know if that is going to remain a dead end or if it will turn into a culdesac or it is will be a through street. Some of the other concerns that I have are probably a little premature. I would like to see a layout of roadwork through the office area. Whether roads will be directly behind the houses with a buffer zone, 1 would like to see what type of a buffer zone will be available whether a chain link fence, a wooden fence, a grass buffer, concrete barrier, those are my concerns and I would just like to (inaudible). I also have a letter from my neighbor who lives in plot #20 and I present that to the Commission. Thank you. Johnson: We already have this letter so you may have this back. Anyone else from the audience that would like to testify? Raymond Kutch, 625 Hanover Court, was s~nrorn by the City Attorney. (End of Tape) Kutch: I have just a couple of questions I am not for sure whether they will be answered or have already been and I missed them. One of the questions you guys asked was what they propose on the L-O, my question is how can you annex if you don't know what is going to be put there. Like you said you don't know if they are going to be single story, two • • Meridian Planning & Zoning Commission August 8, 1995 Page 31 story, three story, how big they are, what they are made of that kind of stuff. Also, I don't know if the C-G is going to allow access through to the L-O is that something that is normally going to happen? Johnson: Okay, did you have any other questions? Kutch: The buffer, a lot of the owners would like to be able to get to their backyards and the buffer would be the big area there. He asked if the streets are going to be through or not, whether they are going to be culdesacs or continue to be dead ends or maybe make the loop and come round so people can still get into their backyards. He said that one of the people he talked to on the phone suggested that possibly it would be allowed to buy and I emphasize they asked to be allowed to buy. He suggested they not be required, the person wasn't asking it to be required that they buy, they were asking if it be okay. That is something else that I would be curious about because I would probably be interested in that myself. Johnson: Is your home right up against there? Kutch: Yes sir, it sure is. Johnson: What lot number are you there? Kutch: Lot #33 on Hanover court. Johnson: Thank you Kutch: That is about all of the questions I have right now. Johnson: We will try to get comments before you leave this evening on your questions. Is there anyone else from the public that would like to come forward? Karen would you like to comment on this application? Regarding the streets. Karen Gallagher, ACHD, was sworn by the City Attorney. Gallagher: This is an application for annexation, we don't have any site specific proposal in front of us. In general we have, staff has discussed what kind of roadway network would vuork through here. First would be the connection to Franklin Road and that would align with t believe it is a lumber store across the way. The second would be what is coming from Franklin Road. The easement at this point in time we aren't sure how that is going to align or the offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street in that location. Those details have not • • Meridian Planning & Zoning Commission August 8, 1995 Page 32 been looked at in detail at this point. Other than that we are, there are certain proposals that are being discussed at this point that would take into consideration the extension of Corporate Drive through the parcel to the south here through the rental center approximately in this location here (inaudible) We have talked to some of their developers and their applicants and they are in the works of getting something done there. If that road or when that road is before us and does become a reality we would be looking for a connection from the extension of Corporate to this development. So, stub streets would be a part of that. Other than that the only other comment I could make at this point is that as far as the connection on the residential to the ofi'ice proposal those are usually good compatible land uses. We support connections between residential and abutting and possibly even the commercial further to the east without making those residents go out onto Franklin Road to come in. Those connections are supported when they are not encouraging people to come through on the residential streets and in this case if there were a strong street connection to the north to Franklin and another one out to Meridian we wouldn't see a problem with cut through trafFc and believe that those connections could work to the benefits of both properties. Until we see a specific proposals and those land uses it is hard for us to make those determinations on how that is going to work out. Johnson: Thank you, are you personally familiar with the county zoning R14? Gallagher: I worked at the county before I worked with Ada County Highway District and that was a highly dense 14 if not above that zone, 14 units to the acre. Rountree: Which probably would allow duplexes, or tri-plexes or four plexes. Gallagher: Right, easily. Alidjani: I have a question, what is the percentage is it 50/50 or 20/80 that Barrett Street and also the next one was Pennwood to continue on in your view in the near future? (Inaudible) one way or another, but if you would give a percentage is it a 50/50 yes or no? Gallagher: I would say at least 50/50, those connections as I said usually work to a benefit that the residents could access if they need to either the office of the commercial. As long as there isn't a cut through adding more commercial traffic to the residential just providing a convenient connection it would definitely be a 50/50 if not higher chance that those roads would be continued. There is a possibility depending on the development that comes in that those could be culdesaced and leave them as residential, but as I said staff has been supportive of those connections, indirect connections I guess would be a better way to put that. Johnson: Thank you Karen, is there anyone else that would like to comment? • • Meridian Planning & Zoning Commission August 8, 1995 Page 33 Sharlene Danielson, 489 Keamey Place, was sworn by the City Attorney. Danielson: I live at the corner of Kearney and Pennwood, they opened up the other subdivision and it was just built over there. The traffic there is awful, people do not stop at the comer, they come to the stop sign and they don't stop. If you open it up through Pennwood up to this new place it is going to be awful. There are kids running around something is going to happen, there is going to be an accident. I am surprised there hasn't been one already. Barrett is a dead end street anyway, it doesn't open it does not cross into the other culdesacs, ours does. It is awful out there (inaudible) look at the stop sign and nobody stops coming or going into the subdivision or turning. It is going to be awful and I think they are going to want to cut through so it will be easy access to Meridian Road, that is all. Johnson: Thank you, is there anyone else? Doug Danielson, 489 Kearney Place, was sworn by the City Attorney. Danielson: I would just like to add to the comments that were just made that at this point the development to the west of Franklin Square Subdivision I believe there is quite a bit of the development out there that it is not convenient for them to use Pennwood and Southwest 7th to get to Franklin Road. I believe a lot of that development west of us it is more convenient either to use Linder or to use Southwest 12th. Alidjani: Excuse me you are referring to Mallard Landing and Pennwood? Danielson: I don't know the names of it but they are newer developments to the west of Franklin Square, I don't know the names of the subdivisions. It is my feeling at this point that if Pennwood were connected straight through to Meridian Road that would make Pennwood very possibly easy access to Meridian Road without having to worry about getting on Franklin at all for not only all of the residents to the west of this that presently use Pennvwod and Southwest 7th but all of the other residents west of us who presently use Lynwood or Southwest 12th including those residents that live in the subdivision across that creek on the map out towards the freeway towards Linder. I would expect Pennwood to be a very convenient street for all of those residents to be using. I would like to reiterate that when the stop sign was put in on Southwest 7th at Pennwood we felt that was a very desirable action. We were pleased to see that happen because we felt that living very near that comer an accident was going to happen. I would also like to mention that as my wife just stated my unofficial poll done by myself sitting in my front yard in my lawn chair getting terribly aggravated at local traffic tells me that 9 out of 10 cars including police officers who patrol the area do not come to a complete stop at that stop sign. One out of ten stops, three out of ten ease through the stop sign and six out of ten just flat out • • Meridian Planning & Zoning Commission August 8, 1995 Page 34 run it. Pennwrood Street hasn't in recent months appeared to have a 25 mile an hour speed limit either. The local police seem to be ineffective in patrolling or taking any action to curb any of this activity. That is all 1 v~uld like to say thank you. Johnson: Is there anyone else that would like to address the Commission at this time? Would Mr. Forrey like to comment on those comments made since you (inaudible) I don't think you got what you were looking for in terms of buffering. I know that is going to be an important issue. Forrey: I would then rely on the comprehensive plan and the Planning Director. Shari suggested a 35 foot setback on Franklin Road and Meridian Road. Perhaps that is a starting point, 35 feet setback landscape along the back on the west edge of the L-O and next to Franklin Square Subdivision and the gentleman that talked about purchasing property. That is correct, I hope it would never be a requirement that people would have to buy property for buffer but, Jim Ballantyne is in the business of selling and developing property, that is very possible that people could purchase. I don't think it would be necessary if we had a good setback there and maybe 35 feet with perhaps maybe a creative kind of easement that would give the people that back up to this property a way to access their backyards somehow. That is something that maybe could be worked out on each development proposal. As far as the business uses here there really is no demand to use the local streets, Pennwood or Barrett. The attraction is Meridian and Franklin and the two business interests that Jim is looking at right now are offers to get access to both of those arterials. So, I think it is entirely possible to have either no connection and culdesac those streets or a very indirect way as an outlet and a convenience to the subdivision. But it would not necessarily be a convenience or necessary for the office or commercial development. So any connection there would be fairly secondary not primary at all in the development concept. Johnson: Any other questions from Wayne while he is on the podium? Thanks Wayne, one last chance is there anyone else that would like to add to the testimony? Mr. Ballantyne Ballantyne: There has been some reticence on what are we planning on putting in there and how can you make decisions when you don't know what kind of offices are going to be there, what kind of buildings and the traffic network. All of these issues I think or the people that expressed that fear, are subject to conditional use hearings. So they are doubly protected, every new development that is put in there, every new building, office building or commercial is subject to conditional use permits. So they have a double shot at it. At that point in time they should bring their protest or their suggestions to the table. I feel that the conditional use permit process completely is protective of the people involved, thank you. • • Meridian Planning & Zoning Commission Rugust 8, 1995 Page 35 Johnson: Yes, that is an important I appreciate you bringing that up. We probably could have done that on our own to clarify that a little bit, but thank you. If no one else has any comments then on this application I will close the public hearing at this time. Shearer: Mr. Chairman I move we have the Attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It has been moved and seconded that we have the City Attomey prepare findings of fact and conclusions of law on the application by Mr. Jim Ballantyne, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does anyone have anything else they would like to bring before the Commission while we are here? We need one more motion then. Shearer: Mr. Chairman, I move we adjourn. Rountree: Second Johnson: It is moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I SO ,CHAIRMAN ATTEST: i W LLIAM G. BERG, JR., CI CL RK WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER August 3, 1995 Re: SOUTH OF FRANKLIN RD. & WEST OF MERIDIAN RD. -Jim Ballantyne (Request for Annexation & Zoning to C-G and L-O for 40.17 Acres) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The legal description supplied with this applicarion for Annexation meets the accuracy of closure required by Idaho Code and the City of Meridian. 1/2 of adjacent Right-of--Ways are included in the description. 2. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605. M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the subject property. The design and construction shall meet all of the requirements of the City of Meridian Public Works Department. C: \WPWIN60\GEIYERAL\BALIlVTIN. P&Z HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS WILLIAM G. BERG, Jr., City Clerk A Good Place t0 L1Ve RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. P 6 Z COMMISSION DENNIS J. SUMMERS, Parka Supt. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P & Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887813 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney Public Works/liuildin g Department (208) 887-2211 TIM HEPPER GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Steles, arming & Zoning Administrator DATE: August 4, 1995 SUBJECT: Request for Annexation and Zoning of 40.17 Acres to C-G and L-O by Jim Ballantyne Meridian Road and Franklin Road are both identified as entrance corridors in the Meridian Comprehensive Plan. A landscape setback of 35' beyond required ACHD right-of--way should be provided. Detailed landscape plans will be required as part of a conditional use process. As no specific plans are shown, any uses on this site should be considered under the conditional use process for a planned development as a condition of annexation. "Strip" development should not be allowed. A development agreement is required as a condition of annexation. Additional, site-specific comments will be made at the time of conditional use application. It is my understanding the Applicant is working with other property owners toward a master plan of the entire area. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GABS, Clty Treasurer GARY 0. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCFiOFT, Wasts Water Supt. DENNI8 J. SUMMERS, Parks Supt. SHARI S. 8TILES, P fi Z Adm. KENNETH W. BOWERS, FIre Chfef W. L "BILL" GORDON, Pollce 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) 888-4433 • FAX (208) 887813 Public Works/Building Department (206) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBER8 RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM 8HEARER 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:~gust 1 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C-G and L-O for 40.17 acres BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATIC~1(P~f tELIM 8~ ANAL PLAT) CITY FILES ~ ~J ~ / l _~ YOUR CONCISE ~~~~:~ J U L 1 9 1` CITY OF ~iE~ID~Ai~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GA88, Clty Treasurer GARY D. SMITH, P.E. Clty Enylneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wssts Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Firo Chlef 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) 887-4813 Public Works/Btlilding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P A Z COMMISSION JIM JOHNSON, Chalnnan MOE ALIDJANI JIM SHEARER CHARUEROUNTREE 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: August 1 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C-G and L-O for 4017 acres BY: Jim Ballantvne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z 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 8t 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 /--~ _ Jc-~ OTHER: ~ `" YOUR CONCISE REMARKS: J, ~ niA~l ~i R~ f. w~u_ ~vdt N1 ~e x ~4 i v~/ ~-- 2a rU i stirs . _ __z ~..__. ~.. sue. t ~ . ,, :.~Y~t..~~ .,:z:...~ :_, HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS OFFICIALS RONALD R. TOUSMA WILLIAM 6. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRIN(iTON ROBERT D. CORRIE JANICE L (iASB, Clty Troaurer (/^~ ITY OF MERIDIAN WALT W. MORROW BRUCE D. STUART, Watsr Work Supt. ~r/ P 8 Z COMMISSION JOHN T. SHAWCROtT, Waste Water Supt. 33 EAST IDAHO JIM JOHNSON, Cl+alrman DENN18 J. SUMMERS, Perks supt. MOE AUDJANI 8HAR1 S. 8TILES, P R Z Adm. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, FIro Chlsf W. L "BILL" OORDON, Police Chlet Phone (206) 888433 • FAX (206) 887813 ~ ~~ ~ O ~~ ® CHARLIE ROUNTREE TIM HEPPER WAYNE a. CROOKSTON, JR., Attomsy public Works/Building Departmt'ttt (208) 667-2211 v GRANT P. xtNGSFORD a 1 J U I 1995 . ~~ NAMPA 8 MERIDIAN IRRIGATION DISTRICT 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:~g~~st 1 1995 TRANSMITTAt_ DATE: 7118195 HEARING DATE: 818/95 REQUEST: Annexation and zoning to C-G and L-0 for 4017 acres BY: Jim Ballantvne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irri ag tion District will reserve comment on this annexation and zoning request until the time of development. y; ~AUG 0 9 ~~:=y~: ~ ~ ~Y 1`a yye..~ ,~ ~4 ~ V .. S A.. ~.,r~"..~ ~ 'i.~' 1L.~ ,i~' A.ugu~t 3, ~ 995 City o~ l']erurGi.an l.~annfny & Zoning Comm.v~r~.~on ~~~ 0 ~ 19v5 33 ~a~st Idaho Rve. ~,I~ Y U~- i~"~:tiei~e~, (7ea,irL.~wi, I/7 83642 S.irzr~, Gle reecent.ey ~eeee.i.ved ¢ Not~i.ee o~ Kea2uzg ion the Auyu~st 8, 7995 meet..iaig o~ the eomm.i~s~s~.on, to con~.idere the a~~.~i.cc~t i.on o~ a.im 13a..P~.Untyne. N~ -is 2ec~ue~st.i.rzg annexat~.on w.i~h zon.iny o~ L.im.~te~l D~~:ce and Commerec~a~ yenerea.~ ion the /z2o~Ze2ty .~oec~t_ed south o~ facuz/s~.irr. /toad and west o~ 17e2i.~/.i.cuz /toad. Gle we2e ce.pso contacted yehte~day, ~ugeer~t Z, .~y .the o~~i.ce o~ Glayne S. ~oartey, an u~an ~z.~anrze~e, n.ege~t.ing out conceruir~ X02 th.i~s annexat.ton zequeht o~ lrl2. Ba.e2wztyne'.s. Uu2 /Z2o~Ze2ty .ice .dot #20 on Lynhwe~st l.eaee, Aso the arc.ea that. w~ ~.e zoned L-0 w.i..Le .~.e next to out ~aek ycuul. %he ~ceg~~ X02 L.irn,i~.e~cl O~~i.ce anti Commerecia~ yenerea,e r~eem~s mote ~2act~ca.e and wore%aP,~Le than l'1ie. Ba~Pantyne'r~ reequer~t .~ar~t yea2 X02 a 24U hNaee mo~.i.ee home naa/c, arul we have no o~~ee~.i.oizr~ to th.i~s ~ue~t, .&ut do have a dew que~st.i-one and conc_ercn~s. ~) /'ennwood anti /3arue~t St~reetr~ now dead-end at the em/~t y ~~i eed .that .~.s clil!ltertt.2y zoned /274. GJ.i,Q.Q these ~st2eet~s have aeces~s .into whcrteve2 .is ~.~anned X02 this a2ea? Gl.i~ the ~tlceet~5 th2ough th.iis new cvtea &ecome ma~o2 toads, 02 keel a "neigh&onfzood" ~~e~ .to them? Kav.i.ng on.e mc~i.~z at~ceet..irzto th.iis ~uQ~di.v.i~s.~on (Sor.~thwer~t 7th) hays a.eways &een .em~reae~t.i.cu~ ~reom the amowLt o~ tiza~~i.c go.eny .cn. and out, anti /zav.eng a,Ltervzate 2oute~ to out homes wou.ed ~.ene~it eve2yone. 2) GJhat tyNe o~ a ~u~~ere w~ &e P.e~ween the o~~iee a~eear~ and out homes? Many o~ the home owne~e~ a.erready have the.irt own ~ennee~5 ac~co~sr~ the.ire .hack yancl~ - some a~c.e cha.%rz .~.uzlc and some a~.e wood. Gle do not want to r~ee an o~~i.ce ~ui~P.cGircg tight next to owe ~ackyafccl ~erzce. lCow much o~ a Pu~~e~e w~ the~e.e &.e? GJhat ty/~e o~ a ~erzce w.i..P e ~.e but u/z ~.etween the new a2eas the ~suP~v,i.~s.ion? I~ not a ~erzee, w~ the~.e Le some tyNe o~ "g~eeerz &eQt" a~.ea? Idea-P~y, we wou.ed ~~.e~e~ a /z2o~ess.i.ona.L .~ook.ing aie.ea ~.irruearc to .some ~5een a.~ong the ~rceeuxey - a grass coveted em~artkment, ~z.~anted w.itlz t2eeh and r~h2u,~~s; wed earLed X02 and ma.in.ta.ine-d with a r,~~c,inlceerz ~sy~stem. Gle go to a dot o~ worck to ma.inta.in out own ya2d, ~reont and ~ae%, and w.i~ exNect no ~er~r~ ~reom a new deve.~o~ment. lJhat we /70 NO% want .i.r, to .hook aclco~r~ out hack yared aruL .see a clzcun .P.ink ~erzce w.i ~Jz a ~zcuc%uiy .dot. 7he~ee ~hou.ed ~.e no re.ea~son .that a gneen ~.e~~ ty~ze ~.u~~ele caruzot ~.e erteated ~tdeen the homes a.Qreeady ezi~t.ing -crz th.i~s r~u.~di.v.c,.s.~on and new o~~iee ~u.i.edtngs. (7.z, f oivzey'.s o~~.i.ce r~u id that no ~.P.cuv have ~.een d2awn u/~ .so ~a2 are t o the ~ZO,~eeted .layout o~ th.i~s a2ea. They r~eem gen.u.ine.ey concenned that what w.f~ eventua.P~y ~.e ~ui..P_t w~ meet with the a~~2ova.~ o~ the homeowne~r~s .en tfus ~uPdi.v.i.~s.ion. Gle u~z~iceciate the chance to vo.tce out conce~cr~r~ this earl-Qy .i.n -the N.Qan.~uny ~2oce~sh. %hanJz you X02 you2 cons.iderc~on o~ th.is matte2. S.uice2e:.~y, Lion & Clvc.i.~t.i.ne (~aee 53U Lynhwrst ~ .L/ctce lrle2i_di.an, Icy 83642 lhone # 888-3764 MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 12.1995 APPLICANT: JIM BALLANTYNE AGENDA I TEM NUMBER: 10 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO C-G/L-0 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: fJ ~ " CITY FIRE DEPT: ~ li 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: J~ ~~k G~~~C~ ~~ ~~ c~~~ ,, ~ I~, ~y~' ~ V "" r~'C OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • F~. FJ ~~ `,. .y',y .. n~ , JAMES E. BRUCE, President SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary August 3, 1995 TO: Jim Ballantyne 10250 Whispering Cliffs Drive Boise ID 83704 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MA-1-95 Franklin Rd w/o Meridian R nnex. R-14 & R-T to C-G & LO Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on August 2, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi Wayne Forrey Hubble Engineering Meridian City Hall ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 .• y • • ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MA-1-95 - Annexation/R14 & RT to C-G & L-O Franklin Road west of Meridian Road, City of Meridian The applicant is requesting annexation approval with rezone from R-14 & R-T to C-G & L-O to allow office and general commercial development. The 38.25-acre site is located on the south side of Franklin Road and on the east side of Meridian Road. The site is currently vacant. This development is estimated to generate as many as 27,000 additional vehicle trips per day depending on the use. Roads impacted by this development: Franklin Road - 'vlir~or arterial with bike path designation -Traffic count 10,242 in 1990 Meridian Road -Collector street with bike route designation - Traffic count 5,378 in 1993 MAIYJ. W YU ACHD Commission Date -August 2, 1995 - 12:00 p.m. i rsi.s e ~ _ ~ .~1.T_ 3 /6 it i _ / 1 1 ~... r---r` ~- p; ci6w F a s' z I ~.. ;aRRETT ST. ' -r 7 6 15_4 3 7 I~ 4' IO II 12 X13 14 15 16 -ULMER CT. ~7 23 22 ~I 0 18 ~ 2T 28 29 30 31 3 1ANOVER CT • 39.38 3T 36 3 ~ 35 34 ••, 42 43 44 ~ 6 7 I ~ NNWOOD ST. J II 12-`la ~ ~ 10 13 -~; ~ 2' w 9..4 .2C~ ~' 815 ,~,9 W ._.I- .J '. L-. Y,- ~~IS ~<',e ., . .._ , I ` ~ ~ P ~F ~. RT i RI 30 4 ~ I.~ .~ c 9 -4- t ~~ F,Q ~< / ~~ ' ST. t'' ..~I~ ~Ib o e ~ to . •~. ~ _: ~~ \~~ Ira i ~y 1 M jo ~ ~ -1 _~ rE ~~ SI , ti i ~ ~.I a y; v ~ i - U /~ ~ f V a ; re /T ~ ~ ~I~~ h ! '~ ~ p s i~ i9 ~ It ~ y, ~ 2i }O ~ v 2S ~ /I U~ i0 IO h` n X14 ~ 9 f ~ ~~ 2! 22 - /3 -1_~ _---- --•- - H o -'- -,- T ~~to~c~T'Y flR+o~ose~ f°~ ,; ~IVI1f~yCarTlol~i Te '7~1+~ .; -zA_ •; ADA PLANN•I!JQ A~N• ~ U 1.101995 ~_ ~ .,e • • -2C- ~ • h if WA TMAN SANE •~ _- -_ _r; ~" 4 h' ~ -IJC- -ODE- ~ V • ~~ • ~ , i -10G- -'~F- -~V ~~ ..._ .". Ldp 4 i C • ~ • • Facts and Findings: A. General Information RT & R-14 -Existing zoning CG & LO -Requested zoning 38.25 -Acres 280 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Franklin Road Minor arterial with bike path designation Traffic count 10,242 in 1990 260-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 90-feet required right-of--way (45-feet from centerline) Franklin Road is improved with 30-feet of pavement with no curb, gutter or sidewalk. Franklin Road from Meridian Road to Linder Road is scheduled to be improved by ACRD in the Five Year Work Program in FY 1997. Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50-feet of frontage (easement only) 50-feet existing right-of--way (25-feet from centerline) No additional right-of--way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. Meridian Road from Franklin Road to East 1st Street is scheduled to be improved by ACHD in the Five Year Work Program in FY 1997. B. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38.25-acre mobile home park on this site. That application was not approved by the City of Meridian, and the applicant is now requesting an annexation approval with rezone from R14 & RT to C-G & L-O to allow office and general commercial development on the site previously considered for a mobile home park. The portion of the site currently zoned R14 that is south of the lateral is proposed for office. C. The site is currently undeveloped. D. The ACHD Capital Improvement Plan indicates that Franklin Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Franklin MA-1-95 Page 2 • Road and for right-of--way dedication in addition to what exist•w. If the develo er wishes P to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. E. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot sidewalk on Franklin Road abutting the parcel. These improvements are estimated to cost a total of $2,210.00. F. There is an existing driveway for the Hoff Building Supply facility on the north side of Franklin. Staff recommends that the subject parcel access be aligned with this driveway or sufficient offsets be maintained. G. The ACHD Capital Improvement Plan indicates that Meridian Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Meridian Road and for right-of--way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of--way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. H. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot sidewalk on Meridian Road abutting the easement. These improvements are estimated to cost a total of $425.00. I. There are two stubs on the site's west boundary from a residential subdivision. The stub streets abut the portion of the site proposed for limited office. Staff will review the proposed stub street connections at the time a development plan is submitted and make recommendations at that time. Stub streets may be required to the abutting parcels to the south and east. J. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. K. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on August 8, 1995. If the rezone is approved and development proceeds, the District will provide the following recommendations to the City of Meridian. Site Specific Requirements: Dedicate 45-feet of right-of--way from the centerline of Franklin Road abutting the parcel (20- additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in MA-1-95 Page 3 • this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. Provide a $425.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 50-feet of 5-foot sidewalk on Meridian Road abutting the parcel prior to issuance of building permit (or other required permits). Provide a $2,210.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 260-feet of 5-foot sidewalk on Franklin Road abutting the parcel prior to issuance of building permit (or other required permits). 4. Driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets. Coordinate with District staff. 5. Driveway or street connections to Meridian Road maintain minimum offsets. Coordinate with District staff. 6. Additional restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. T_h_e request shall specifically id n i each regn;rPn,Prn rn hP rPr~r,nc;rlarPri a„ri ;,,..~„.~P a .written explanation of why such a requirement ~=could re ult in a c~ b tantial hard hjp or inequity. r Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeAi will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically identi , each reauirement to be reconsid red and incl de a ~=~ritten explanation of ~=shy such a requirement would result in a ~i~hs antral hard hip or ineq~. A right-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system MA-1-95 Page 4 shall retain all storm w• on-site and shall conform to the requirements of the City of ~ ' Meridian. 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). Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate a 20' x 20' right-of--way triangle (or appropriate curve to keep street improvements within the public right-of--way) at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are proposed, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way, as may be required by the District. Authorization for relocations shall be obtained from the appropriate entity. 12. Locate proposed sign(s) out of the public right-of-way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the MA-1-95 Page 5 • centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. 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. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services Staff AUG 0 2 1995 MA-1-95 Page 6 ~ ~ ~ . MERIDIAN CITY COUNCIL MEETING: August 20.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ ~I~ V ~Y~~~ Urfi~~~~ c~'~ ~,~ P~oJ~ ~~.~ ~~~~ ~ ~ OTHER: Alj Materials presented at public meetings shall become property of the City of Meridian. ~. ~ ~ ORDINANCE NO. 739 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE NE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor .of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land lying within the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: PARCEL ONE : Q U O? b 6$ S Commencing at an aluminum cap monument marking the NE corner of said Section 13; r: - ' _ • _ ~-'~,= a ~. `.. ,~• ~ ~, . ~~Mi . ri 1(F'1- ~~ thence West alor..g the North line a~,.~~~, Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; ~g~ SEP,~.1~2~ P~' j `~ ~i~ thence continuing West orlon aict~ ~'e~~on line ~~~~ g r~~ ~ distance of 362.70 feet • ' ` -°-- ~ ~- thence S 00°Ci3'25" West, a distance of 613.70 feet to :.he REAL POINT OF BEQINNIN(~; thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85°41'00" East, a distance"of 147.41 feet to an iron pin; thence N 79°55'00" East, a distance of 211.34 feet; ANNEXATION ORDINANCE BALLANTYNE-TROUTNSR L-O AND C-Q' Page 1 •• .Y, thence N 00°08'58" East, a distance of 1005.86 feet; thence N 29°38'58" East, a distance of 170.41 feet; thence N 57°41'11" West, a distance of 161.79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more or less. AND PARCEL TWO: Commencing at an aluminum cap monument marking the NE corner of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; thence continuing West along sai distance of 362.70 feet to the REAL thence S 00°08'25" West, a distance thence S 57°41'11" East, a distance thence S 29°38'58" West, a distance thence S 00°08'58" West, a distance .d section line, a POINT OF BEGINNING. of 613.70 feet; of 161.79 feet; of 170.41 feet; of 1005.86 feet; thence N 79°55'00" East, a distance of 312.03 feet; thence N 00°13'31" East, a distance of 142.00 feet; thence N 89°52'13" East, a distance of 790.35 feet to an iron pin; thence N 00°23'12" East, a distance of 329.06 feet to an iron pir; thence N 89°56'06" West, a distance of 128.95 feet to an iron pin; thence N 00°18'07" East, a distance of 663.29 feet; thence N 89°58'05" West, a distance of 663.21 feet; thence N 00°13'31" East, a distance of 349.76 feet; thence West, a distance of 123.99 feet; thence N 00°13'48" East, a distance of 313.10 feet; ANNE$ATION ORDINANCE BALLANTYNE-TROUTNER L-O AND C-G page 2 ~, • thence West, a distance of 238.73 feet to the REAL POINT OF BEGINNING. containing 28.70 acres of land, more or less. AND- ALSO PARCEL THREE: A parcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northeasterly corner of said SE 1/4 of the NE 1/4; thence S 0°22'31" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 327.25 feet to a point; thence leaving said easterly boundary S 89°52'13" W a distance of 533.53 feet to a point; thence N 0°23'12" E a distance of 329.06 feet to a point; thence S 89°56'06" E a distance of 533.45 feet to the POINT OF BEGINNING. This parcel contains 4.02 acres and is subject to any easements existing or in use. is hereby annexed to the City of Meridian; that PARCEL OAE is zoned (L-O) Limited Office; that PARCEL TWO is zoned (C-G) General Retail and Service Commercial; and PARCEL THREE is 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 for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. ANNEBATION ORDINANCE BALLANTYNE-TROUTNER L-O AND C-G Page 3 • • 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 Arpril 4, 1984, or as amended. c. ~ That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G 1., H 2., R, L, and M ofthe Revised and Compiled Ordinances of the City of Meridian and other matters, and specifically that planting strips shall be 35 feet wide along Frankilin and Meridian Roads and not part of street right-of-way or utility easements. d. That surface water shall be used for pressurized irrigation if possible. 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 must be developed as a commercial or general planned development or under the conditional use permit process. g. That the Applicant is required to hook up to the sewer and water and participate in the costs of extending the sewer and water services through the payment of late- comer's fees. h. That Applicant shall meet the development time requirements of the City and meet all of the Ordinances of the City of Meridian. i. That the property may be de-annexed if the terms and conditions of the Development Agreement or this Ordinance are not satisfied. 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. ANNE%ATION ORDINANCE gnT.T.nNTYNE-TROUTNER L-O AND C-Q Page 4 • ., ~ • Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ ~~ day of September, 1996. APPROVED: .. OR -- ROBERT D. CORRIE ATTEST: ~~i ~T~o WILLIAM G. BERG, JR. C Y CLERS S~~ ~ ~ STATE OF IDAHO,) ~, ~ :~~ ~® T ISt , P `~: County of Ada, ~ ss. ~'~~~''~~~~~~~~,~~~~````. i~~~~t~~ 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 ANNE,ING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE NE 1/4 OF SECTION 13, TOWNSHIP; 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 739 , by the City Council and Mayor of the City of Meridian, on the _,~_ day of September, 1996, as the same appears in my office. ``~,~~,,,~~~~„~,~~ << ~ ~~, DATED this .~/~i) day of Sept er, 1996. `~~.~`~~~'~y ~~~''•,~~ _ ._ ~ .~~o ,; ~ s /1~L`~---~ ' City Clerk, City cSf ~ieri ',fin ~ Ada County, Idaho ~, ,~~ ~~''.'~'4 T 1st ~ ~" ~~`~~` C~~MtT`! ~ ANNE%ATION ORDINANCE ,'',~~~~~~'~~un n~ti~~`~~~~~``'`. BALLANTYNE-TROUTNER L-O AND C-G Page 5 STATE OF IDAHO,) ss. County of Ada, ) On this ro( day of September, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be.the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~, ~ E L . '~•,, Q J'J, • il+ s ~ ' SEAL - .k ~o U ~G BL O '~ blic for Idaho at Meridian, Idaho Sion Expires 4 B~ ANNEBATION ORDINANCE BAT•?•AN'~'YNE-TROUTNER L-O AND C-(~ Page 6 ' '3~2:1D ~ --- 132 ~ . 2D + ~ ----- -- - -- hj ?38.3 ~ ~~ ------ -- .W ,~ p ate-. ~--••~~ ~~ o M - ~1 ~ Z ~ t i 3 ~ W. 123.99 ' ~ ~ I N o ~ '~' ~ ` k ~r ~~,~"cr g ~^ ~ ~ 19 ~ ! i 0 ~ yam, ~~ gM ~~ : 1 , ~' '~--'' •--f ~ ' ~4,; A~ d*l° 58 p5 W. rv63. Z/ ~--~ I f -- - ~ ~o ` N ~ ti ~ \ i ~ -" ~ ~ : W ~ ~ ~ ~ i ~ / ~, ~ ~ i i ~ m a ` $ ,4Pt NEXAlI oN ORD,'i ~SL1A~CfYNE-Tt~Dt.CTNEtZ ~ ,~ Z ~ ~ ` --- --- , m ,_ h ~ ,~ ~ 3 N.Bg"g ~~r~"h! S. o~ W 533. ~ a, ~ h h r2.8.95 , a ~ O O ~ `, Q N ~ 8 8 ~~ ~A~L 3 N N • CQ ~~ ~ N 6~7'S2'~,3'E. ?0.35' ~ s. ~BQ'S2`/3'W. 633. a~ r' Ni Ln •~7'7 ~ +~ 1 '' . ~ ~- /42 .~' ~ , Zi1.3a S. 85.4/'C27"E, ~¢7.4r , ~' ~ .;,\ ~~ \`\ ~`\ ~ ~. ~ I -=-- ;~ /' t fj ~ r ~ ~ ~ r ~ r ~ Ci~'NTRAL CE •~ DISTRICT i~l'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPA Environmental Health Division I ENT ..._. E~~ ... ....,Return to: s I...,~„; ^ Boise t~~~~ `~ ~ ~ ,'.~".a ~;~~ Eagle Garden city -Q1eridian Conditional Use # C -G- - L o ~.'~' ~D ~ ~ ~ ~¢~s' ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 0. ^ 11. ~entral sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water ~- 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~entral sewage ^ community sewage system ^ community water ^ sewage dry lines ~entral water ^ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. ~ ~/Z~ w/~-SL- /f'1~T/~sd~/~/~ C!'/ T~je//f /S Date: ~ / ~~/ .~ ~,q-7lf/C/ -/~ Reviewed By: CDHD ID/91 «b, rev. I/95 Review eet CENTRAL •~;. DISTRICT pit'HtALTH DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL • BOISE. ID. 83104-0825 • (208) 315.5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality oJour environment. STORMWATER MANAGEMENT RECOIVIlbIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc. , for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Aao i Boa. courry onic• wIC Bois. • M•ri6an emor• ~ oAic• emon couVq Odk• vaow ~ odln 707 ~• 9 ~ 1606 Robert sr. 510 E. 8th Sheet N. of Enriorrn•nfd H•atll, P.O. Ao: lead Boas. ID. 83104-0825 dose.10. 83705 Manton Hone.10. 190 S stir she ^t E MCCoL d]. d363d Enwb. Heodh: J27.1499 Ph. J3a-3155 d36a7 Ph Sa7dd07 Mpuntan Ftwne. ID. Ph 634.7194 Fon++v 327.7e00 128 Meritlion Rd. B16a7 Ph 581.9225 srrrxr~¢otbr~ 327.7450 Nuhifbn: 321.7860 Mentlion. ~. 83682 Ph. 888525 'MC: 317•)488 ., , ~' ~~ l) i i ~ I ~; ;` _. - _ F.. ., :_ J DEVELOPMENT AGREEMENT ~ i~~~~G~'cG~~'c ~G [TROUTNER BUSINESB PARR] , -,-- ~~;~ ~, ~- ^r~ „ ~, -~ THIS AGREEMENT, made and entered into__ this Z~ ~`~~ 1~- , 1997, by and between the CITY OF MERID~ ~ ~~~a municipal corporation of the State of Idaho ("CITY"), and Troutner Business Park Development Corporation, an Idaho corporation, whose address is c/o James Ballantyne, 10250 Whispering Cliffs Drive, Boise, Idaho 83704 ("Developer"). WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" (the "Property"), which is attached hereto and by this reference incorporated herein as if set forth in full [DEVELOPER is the successor in interest of the prior owners, David Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others, most of whom are now shareholders of DEVELOPER herein]; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and DEVELOPMENT AGREEMENT - 1 d/realest/trout2de.wpd • WHEREAS, the DEVELOPER has submitted and the CITY has approved an application for annexation and zoning of the property to General Retail and Service Commercial (C-6) and Limited Office (L-0) and has submitted a final preliminary plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, the DEVELOPER (through its predecessors), as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, and has submitted to the CITY a Plat thereof. The property has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY in the Findings of Fact and Conclusions of Law, annexed the Property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPMENT AGREEMENT - 2 d/realest/trout2de.upd DEVELOPER agrees, and hereby binds its successors and assigns to this agreement, in consideration for the annexation of the Property as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this Agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. Zonina: That the development of Property shall be only for General Commercial and Service Commercial (C-G) and Limited Office (L-0) and developed as a Commercial Planned Development and all applications to develop lots shall be processed under the Conditional Use Permit process for the CITY of Meridian. 3. Non-Development Aareement (Phase II): Upon execution hereof the parties agree to execute a "Non-Development Agreement" for the Phase II portion of this subdivision. DEVELOPER agrees that if the City needs or desires a required improvement to be completed in Phase II, CITY shall inform DEVELOPER in writing and DEVELOPER agrees to commence construction of those Phase II improvements contained in the CITY's letter within sixty (60) days from the receipt of the CITY's letter and complete those improvements within 180 days of CITY's letter. DEVELOPMENT AGREEMENT - 3 d/realest/trout2de.wpd 4. No Plat Chanqes: There shall be no change to increase the number of lots shown in the final Plat approved by the CITY of Meridian, which is incorporated herein as if set forth in full herein. (This plat is depicted in Exhibits B-1 and B-2 attached hereto.) 5. Subdivision Improvement Plans: DEVELOPER will, before construction commences, file or cause to be filed with the CITY Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, curbs, gutters and sidewalks utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within that Phase of the subdivision, which Plans and all improvements shown thereon shall meet the approval of the CITY Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. DEVELOPMENT AGREEMENT - 4 d/realest/trout2de.wpd 6. Installation of Infrastructure: DEVELOPER will, at its own expense, (and subject to that Non-Development Agreement attached hereto), construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, cable TV lines, telephone lines, curbs, gutters and sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas, and television lines as required for the development. 7. Infrastructure Installation Standards: DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the CITY Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. DEVELOPMENT AGREEMENT - 5 d/realest/trout2de.wpd a ~ 8. Construction Schedule• Advance Notice to Meridian Engineer: DEVELOPER will provide the CITY Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements it intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the CITY Engineer. 9. Corrected Original Drawings: DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location of the various water, sewer, utility and pressurized irrigation lines, and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. DEVELOPMENT AGREEMENT - 6 d/realest/trout2de.wpd 10. Notification of Completion: DEVELOPER will, immediately upon the completion of any such constructed portion, or portions of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements. 11. Completion of Improvements by CITY of Meridian; Notice;. Hearinu: DEVELOPER agrees, that upon a finding by the CITY Council, duly entered in the official minutes of the proceedings of the CITY Council, that a portion, or portions, of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the CITY Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the CITY Council and unless the DEVELOPER has been notified in writing of the time DEVELOPMENT AGREEMENT - 7 d/realest/trout2de.Wpd • and place of such meeting at least three (3) days. prior thereto and has been given an opportunity to be present in person or by counsel,. and to be heard on the merits of the proposed finding. 12. Developer Completion of Improvements: Hearing: DEVELOPER agrees that upon its having received written notification from the CITY Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/ or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements .specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the CITY Council at any regular meeting after any Certificate of Occupancy or any water service shall have ' been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall DEVELOPMENT AGREEMENT - 8 d/realest/trout2de.apd be final, except that the rights of the parties are preserved at law and equity. 13. Meridian Remedy for Failure to Complete Installation: DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus .five percent (5%) per annum, until paid. 14. Security Interest to Meridian; Subordination to Lender: Release of Security Interest. 14.1 Security Interest: DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such DEVELOPMENT AGREEMENT - 9 d/realest/trout2de.wpd • improvements and, without notice, foreclose. this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. 14.2 Release of Security: Upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein and/or release any other security posted under Section 14.4 below against all or any Phase or portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 14.3 Subordination to Lender: The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take DEVELOPMENT AGREEMENT - 10 d/realest/trout2de.wpd reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14.4 Bonds and Other Security: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. Late Comers Aqreements: It is agreed that as part of this Development DEVELOPER will install a sewer line off property of approximately 1,388 feet (from the entrance of the Development to the manhole cover on Taylor Avenue). DEVELOPER may also install a. water line 533 feet from Meridian Road to the east edge of the Development. The cost of these installations shall be paid by DEVELOPER. However, since each of these off-site improvements can be used by the other land owners, it is agreed that the DEVELOPER shall request that the CITY enter into a late comers agreement concerning these utility extensions usable by other parties. DEVELOPER agrees to design and construct such facilities subject to DEVELOPMENT AGREEMENT - 11 d/realest/trout2de.wpd the CITY's approval of the design of the facilities. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work which would apply to a late comers agreement. The CITY's obligation to enter into a late comers agreement to have future users of the water and/or sewer line extension help DEVELOPER pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. Certificates of Occupancy Conditional on Completion of Improvements: DEVELOPER agrees that no.Certificates of Occupancy in a Phase will be issued until all improvements in that Phase are completed and no Certificates of Occupancy shall be issued in any Phase until the improvements have not been installed, completed, and accepted by the CITY; provided, however, that this paragraph 16 shall not apply to the construction of the USDA building on Lot 3 Block 2, which building will probably be completed prior to the total DEVELOPMENT AGREEMENT - 12 d/realest/trout2de.wpd • completion of all other site improvements to Phase I. The construction of this USDA building shall be subject to Meridian approvals outside of this Development Agreement. 17. Special Conditions: DEVELOPER agrees to the following special conditions and development requirements: 17.1 Perimeter Fence: To construct permanent fencing as approved by the CITY of Meridian around the perimeter of the development (except for the perimeter adjacent to Franklin Road, roadways, pedestrian easement areas, and Eight Mile Lateral crossings). 17.2 Eictht Mile Lateral Fence: As each Phase is developed, DEVELOPER shall install six (6') foot chain link permanent fencing on both sides of Eight Mile Lateral except where roadways are located as shown on the approved Improvement Plans. 17.3 Hammerheads: DEVELOPER shall construct two hammerheads next to Franklin Square Subdivision as shown in the Plat depicted in Exhibits B-1 and B-2. These hammerheads are to be dedicated to ACRD. 17.4 Lot it Block 1 Pedestrian Easement: DEVELOPER shall construct with concrete and materials approved by the CITY of Meridian a 12' wide pedestrian/bicycle and emergency easement access way from S.W. 5th Street to DEVELOPMENT AGREEMENT - 13 d/realest/trout2de.wpd • Penwood Street on Lot 11 Block (depicted on Exhibits B-1 and B-2), together with approved emergency bollards. 17.5 Ditches: Tiling: DEVELOPER agrees that except for Eight Mile Lateral, all other irrigation or drainage ditches shall be tiled or piped. 17.6 Planting Strips, W. Franklin Road: DEVELOPER agrees to landscape and plant those thirty-five (35') foot Common Area Lots (Lot 1 Block 1; Lot 1 Block 2) along W. Franklin Road. 17.7 Berm and Landscaping Thirty-Five 135'1 Foot Western Strip Adjacent to Franklin Square Subdivision: DEVELOPER agrees to landscape and berm that thirty-five (35') foot strip on the western edge of Lots 6, 7, 8, 9, 10, 12 and 13 of Block 1 which are adjacent to Franklin Square Subdivision (except the area covered by the Hammerheads, the pedestrian/bicycle easement over Lot 11 Block 1, or the Eight Mile Lateral). 17.8 Pressurized Irrigation: DEVELOPER agrees to install pressurized irrigation for each lot in each Phase together with all necessary pumping facilities. 17.9 Water and Sewer: Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each Phase of DEVELOPMENT AGREEMENT - 14 d/realest/trout2de.wpd • this development as each Phase is constructed and to serve each building lot in each Phase. 17.10 Streets, Curbs. Gutters and Sidewalks: Construct streets, curbs and gutters and sidewalks of the development which meet CITY and ACRD requirements. 17.11. Right of Way Dedication: Dedicate all required public rights of way from the center line of adjoining public roads. 17.12. Meridian Fees: Pay any usual and customary development fees or transfer fees adopted by the CITY of Meridian. 17.13 Meridian Ordinances: Comply with all Meridian CITY ordinances. 17.14 Common Area Lots: DEVELOPER agrees to deed the Common Area Lots to the Troutner Business Park Association, Inc. set up in the CC&R's. These Common Area Lots are Lot 1 Block 1; Lot 1 Block 2; and Lot 11 Block 1 (pedestrian/bicycle CITY easement) and the Eight Mile Lateral Common Area lots which are Lots 5 Block 1, Lot 5 Block 2, Lot 13 Block 2, and Lot 5 Block 3. The CC&R's shall provide that these lots shall be maintained by the Association. DEVELOPMENT AGREEMENT - 15 d/realest/trout2de.wpd 17.15 Storm Drainaaes DEVELOPER agrees to provide storm drainage as approved by the Engineer for the CITY of Meridian. 18. Notices: That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: CITY Engineer CITY of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Troutner Business Park Development Corporation c/o James H. Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 COPY TO: James W. Kiser Attorney at Law PO Box 190718 Boise, Idaho 83719 19. Recordina Fees: That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. Run with the Land: All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. DEVELOPMENT AGREEMENT - 16 d/realest/trout2de.wpd 21. Approval by CITY of Meridian: This Agreement shall become valid and binding only upon its approval by the CITY Council and execution of the Mayor and CITY Clerk. 22. De-annexation: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or its assigns or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: Troutner Business Park Development Corporation By ames H. Ball tyn esident Mary B~Yantyne, Seg~fetary/Treasurer CITY OFIMERIDIAN ATTEST: By it iam G. ~~•. DEVELOPMENT AGREEMENT - 17 d/realest/trout2de.Wpd D. Corrie, Mayor `` ~~~ .~ y Clerl~~` $~~ h 1111 11111 STATE OF IDAHO ) :ss. County of Ada ) On this ~~ day of , 1997, before me, the undersigned, a Notary Public in and for- said State, personally appeared JAMES H. BALLANTYNE and MARY BALLANTYNE, known, or proved to me, to be the President and Secretary/Treasurer of Troutner Business Park Development Corporation and acknowledged to me that they executed the same on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, tY~e day and year in this certificate first above written. . ,. ,, .,• , ~ •y Q` ~,Q- ~ i ~ , .~. (J~ ~.. ~ t1'~' '.^ ~ ~ . STAfiE.~2F. S13AH0,) _ - :ss. County,,.`= of; Ada ) Notary Publie~ or. Idaho Residing at• ~- _ My Commission Expires: 3 "' _ c/ On this t0* day of , 1997, before me, the undersigned, a Notary Public in d for said State, personally appeared ROBERT D. CORRIE and WILL AM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said CITY of Meridian executed the same. IN WITNESS WHEREOF, official seal, the day written. ~~~ G E ~~L ~~~'''•., .• Q. •• cA ~~TAR '~ ' ,o G *= (SEAL) OF ,• I have hereunto set my hand and affixed my and year in this certificate first above Not y ublic for ah Re id' g at: My C fission Expires: ,, . Q •1 DEVELOPMENT AGREEMENT - 18 d/realest/trout2de.wpd • • A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1 /4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/18TH CORNER OF BALD 8ECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 8 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1383.48 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPTTHAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. rranttst•1• is r b WzN yWN N ~_ _ .__.m_oceo N / 3.f1,ZL6Y N iar~mr.~Nw 0711~1eNR i IZYSl~_ - L t070f - - 7~7I ~/ ~g N nS 8 ~~ ~ ~ _~ ~ N ~ Q ~i ~ ~Q ~ Not to Scale JL 0 g ``~ \ ^ t ~ 9 ~~ Z F•- WDU W ~ ~ ~ ~ ~ zQ~o ~ ~ Q - ~ ao ~s a6 ~ ~ _I Op • ~ 0 ~ m Z ; ~ ~ ~ ~~a ~ ~ ~ ~~ a ~ ~ W 3 Z ~ ~ ~ ~a ~~ ~ , ~~ ~ ~ ~ ~~ 3 ~ ~ _~~ ~ $ ~ y~~ ~ ~ ~ - a o a . ¢ N ~ o ~ ~~ ~~ ~ ~n~ ~ ~ ~~ ~ ~ `moo~Q ~. ~ ~ ~ mo ~~ ~ ~ Q~ g ~~ ~ ~~~ ~ ~ ~` ~~~~ rii 8 ~ e u i~`s~ i w~~ i~ w ~~~ ~4 t X rum 3~ . ~~ ~~ ~~ ~~~~~ ~ ~~x xr ~~~~~~ !O~•.!i ~ ~ lO 88 I I 9NItlr36 JO Sb~B ~r•csx a .oo.aaae x arar ^owu ,s.,,,, ^Clul _ ACIt[1 • sce+w " x~c t ~:.~: ~4 ~'S 0t S EXHIBIT B2 8 O o° N 8 Not to Scale t Y P~ ~~ a ~. ~ ~ ~ ~~~ a Iq.111~ E R p II II, R 11 I a A' ~ II' 1 it w R II ~'~ ~tl II ® ,, ~ ~I ~_ R n ~ ~i II ~ II s li0 R I I l a.-= ~~~ a~ .°~ =i' _ N211 R t. , i p ~ a 1 490'W g~ syl~ a~ a "I ~~ ~ ~k" ~I ~ ~ ~ ~~ ~1 ~~3 ~~ ... -- y L Y1~4 t~ ['S Li SK ' ~~ ~ y dP $ t ~ >~ ~~~ ~ ~n ~~~ h ~ ~~ ~ v ~ ~ ~ ~~ i -n fl'S L 1"S _~~I~y~i X7 1p'- !'o un,~t,~ yr OCNRIIVV N 90'00'00" E 2657..31' >~~~ 3 7 l ~a V aaa.zr w evxros w aM~~ z 88 I~ ~ a~ a n ao R a Y~ ~ .__ BEFORE THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN JIM BAT•T•nN'rYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 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 Meridian City Council having heard and taken oral and written testimony and the Applicant appearing through Janelle Sanford, a designated representative for Mr. Wayne Forrey, who is the representative for Mr. Ballantyne, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 17, 1995, the first publication of which was fifteen (15) days prior to said heaping; that the matter was duly considered at the October 17, 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. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BAr.r.ANTYNE Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C-G) and Limited Office (L- O); that the L-O District is described in the Zoninq Ordinance, 11- 2-408 B. 7. as follows: (L-Ol Limited Office District - The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-O) District is designed t.~ act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. .Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 • .~ ~ ~~ ~~ (C-G) General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto-and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That Applicant's representative stated before the Planning and Zoning Commission hearing on August 8, 1995, that the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BP~ANTYNE Page 3 • understood by the Applicants that any uses in the L-O and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the T-_oy Green project and this will offer ',:he residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 • • reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good setback of maybe 35 feet along the back on the west edge of the L-O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each develo~ent proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that. the attraction is Meridian and. Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or comsercial development and that any connection there would be fairly secondary and not primary at all in the development concept. Ms. Sanford testified before the Council that the Findings of Fact and Conclusions of Law were reviewed and that they were acceptable; that a few concerns exis~:: regarding the connection through Pennwood or Barrett Streets. 6. That the developer, Jim Ballantyne, testified before the Planning and Zoning Commission that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 • • foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to the preparation of the Findings of Fact for the P & Z Commission. Mr. Ballantyne testified at the City Council public hearing of a conflict which exists in the P & Z Commissions Findings regarding the 35 foot landscape setback on Meridian Road; that the land mentioned there is land owned by Norman Fuller but that Ballantyne has access and owns an easement through Fuller's property; that Ballantyne can't hardly dedicate Mr. Fuller's land to a 35 foot setback for landscaping and sidewalks; that the Ada County Highway District addressed this also and did not require the 35 foot landscaping and setbacks; also there is a conflict regarding the road entrance; that our access to that easement of Fullers fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas; that the center lines are 10 to 15 feet off center; that they could go either way to almost comply, but it would be impossible for this piece of narrow property and the easement that Mr. Fuller gave us; that some agreement can be made regarding access to the neighbors contiguous to this development but that the.-~~e is an off set by not having to actually landscape quite that much land; that 35 feet is an excessive amount of off set. 7. There were several who testified at the August 8, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNS Page 6 • a. Mike Weavers testified during the P & Z public hearing regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de- sacs or through streets; that he would like to see a layout of roadwork of the area designated for L-O and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. b. Raymond Rutch offered testimony regarding the proposed Limited Office (L-O) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C-G allows access through L-O; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. c. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACRD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACRD supports connections between residential and abutting commercial; that vatil ACHD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Raren Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri-plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALI~TYNE Page 7 ~ ~ continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. d. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood. or Southwest 12th; that Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. e. That Don and Christine Mace submitted written testimony; that their property is lot #2.0 in Lynhurst Place; that the area to be zoned L-O will be right next. to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. f. That Joe Kutch testified before the City Council public hearing that he would like an answer from the developer regarding the property owners right behind this proposed annexation having an opportunity to purchase any of this property. That Mr. Ballantyne stated he had no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards; that the only people impacted visually FINDINGS OF FACT AND CONCLUSIONS OF LAi~ - BALLANTYNE Page 8 • by the development are the neighbors that actually have lots contiguous to the development and that something cold surely be worked out to where they have their access. 8. That Larry Sale, of the Ada County Highway District, testified before the Council to address Mr. Morrow's questions raised with respect to the issue with the road not lining up and where the ACHD's thoughts are with this application. Mr. Sales testified that if it is correct that the 50 foot easement strip centerline is approximately 10 feet north of the centerline of the curb cut into the Rick Thomas development of some office buildings; that the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time because they would meet at each others steering wheels; that a suggestion perhaps would be that the 50 foot. easement could be shifted a five (5) feet and that the District could work with that without much of a major problem; that if the driveways happen to be the other direction it wouldn't be so severe. Mr. Sales continued to testify that it is the goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then the long term plan to extend Corporate Drive west past this proposed development, south into the interior of the square mile to really serve as a collector out of the area; that the district wold expect this development to have access to that collector either directly if the FINDINGS OF FACT AND CONCLOSIONS OF LAW - BALLANTYNE Page 9 • collector goes through the southern portion of this development or through some adjoining property and the collector. 9. That Gary Smith, Meridian City Engineer, testified before the Council in answer to Councilmen Morrow's request for any additional input regarding this annexation; that Mr. Smith stated that the sewer service for this property to the north and the east of the Eight Mile Lateral as it crosses, would be towards Franklin Road; that a sewer line in Franklin Road at this time does not exist, however some preliminary plans to construct one prior to the improvement of Franklin Road would be available, but there is no sewer in Franklin from Meridian Road to the west; that there exists an elevation problem slightly west of Meridian Road; that the grade of Franklin Road is going up to get over the Eight Mile Lateral and to get farther west with the sewer is a problem; that tieing into the sewer line that goes in back of Hoff could be brought out to Franklin Road and then extended west in Franklin. 10. Shari Stiles stated that she had no further comments on this development without a plan before her; that it is difficult to assess the compatibility with adjacent development with no plan to look at. 11. That Bruce r'reckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but FINDINGS OF FACT AND CONCLUSIONS OF LAW - RAT,T.ANTY11j~; Page 10 • wells may be used for non-domestic purposes such as landscape irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 12. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; .that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 13. That in prior requests for annexations and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an unpact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 14. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20-additional feet) prior to issuance of a building FINDINGS OF FACT AND CONCLUSIONS OF LAW - RAT•T~A~'YNE Page 11 • permit (or other required permits); that required street improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights-of-Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to .Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 18. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 12 • positive results from a hydraulic analysis by the City's computer model. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 20. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 21. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until u=ban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 • 24. That Section 6.7U, 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." 25. That the requested zoning of Limited Office (L-O) and General Retail and Service Commercial, (C-G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L-O1 Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive,. administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall .not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C-G) General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 ~ ~ delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section i1-9-6.05 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 • the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows.: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities-) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as .utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural va].°ae, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 • • 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Desian Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 34. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all :.he procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 • pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understoo~~ by the Applicants that any uses in the ~-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development-and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 • 12. 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. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the~L-O and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G) and Limited Office (L-O), but only capable of being developed as a plan.ied commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-O and C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 • 417 D; that the development agreement shall address, among other things, the. following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f . M, Piping of Ditches and 11-9-606 a. Bicycle Pathways,. . b. Storm drainage. c. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer 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 'Manned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 • 12. The sewer and water requirements. 13. .Traffic plans and access into and out of the .development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 22 • • a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L-0) and General Retail and Service Commercial (C-G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L-O) and the property to be zoned General Retail and Service Commercial (C-G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall nr~t be annexed. 24. That the Planning and Zoning Commission questioned whether or not it should make a recommendation of approval because the Applicant had not submitted a plat or development plan, but concluded that it was in the best interests of the City to annex and zone the property even though the development plan was only FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 23 ~ r generally submitted orally at the hearing; the City Council hereby concludes that it generally is in the best interests of the City to have development plans and/or plats submitted at the time of application for annexation and zoning; that, however, in this case since the property is an enclave already within the City it is in the best interests of the City to annex and zone the property even though no development plan or plat was submitted. APPROVAL OF F'INDINC~fB OF la'ACT AND CONCLUSIONS The Meridian City Council of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN -E~A~R3~'r f2p6t~lTkEt VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN /~CN TL ~y VOTED COUNCILMAN MORROW VOTED MAYOR-i (TIE BREAKER) VOTED C~oR.121E DECISION The City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these Findings o'_ Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 24 • C~OG'~`( BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN JIM BALLANTYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 8, 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 through Wayne S. Forrey, AICP, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 8, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 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. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 • approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C-G) and Limited Office (~L- O); that the L-O District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: (L-Ol Limited Office District - The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 • • 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. 5. That Applicant's representative stated the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5j will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is understood by the Applicants that any uses in the L-O and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 • at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the Troy Green project and this will offer the residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 • • setback of maybe 35 feet along the back on the west edge of the L-O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that~the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. 6. That the developer, Jim Ballantyne, testified that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to preparation of these Findings of Fact. 7. Mike Weavers testified regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de-sacs or through streets; that he would like to see a layout of roadwork FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 • • of the area designated for L-O and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. 8. Raymond Kutch offered testimony regarding the proposed Limited Office (L-O) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C-G allows access through L-O; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. 9. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACRD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 • • stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHD supports connections between residential and abutting commercial; that until ACHD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri- plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. 10. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 7 • • Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. 11. That Don and Christine Mace submitted written testimony; that their property is lot #20 in Lynhurst Place; that the area to be zoned L-O will be right next to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. 12. That Bruce Freckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 8 • irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 13. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 14. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 15. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20-additional feet) prior to issuance of a building permit (or other required permits); that required street FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 • • improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights-of-Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 16. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 17. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 18. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 19. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon positive results from a hydraulic analysis by the City's computer FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 model. 20. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 21. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 23. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 24. 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." 25. 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. 26. That Section 6.7U, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 • • Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 27. That the requested zoning of Limited Office (L-0) and General Retail and Service Commercial, (C-G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L-O) Limited Office District - The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve. heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C-G) General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 12 subdivision."; • that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 32. That Section 11-9-605 8 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada Coun ~ (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 35. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and .the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial-notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the L-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. 12. That the City adopted the Comprehensive Plan at its FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 • 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. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L-O and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G) and Limited Office (L-O), but only capable of being developed as a planned commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-0 and 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AAT,LANTYNE Page 18 • • things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. c. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 • 13. Traffic plans and access into and out of the development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 ~ ~ be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that .the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L-O) and General Retail and Service Commercial (C-G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L-O) and the property to be zoned General Retail and Service Commercial (C-G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall not be annexed. 24. That, as found above, the Applicant did not present a subdivision plat or any other specific or concrete plan of development and Applicant only presented verbal indications as to what might be developed on the property; in a prior application for annexation and zoning the City Council decided that the application should be denied because no plat or concrete plan was presented; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 • ~ the Commission is in a quandary over making a recommendation of approval since no plat or concrete plan was presented; that the Commission would like to receive direction from the City Council as whether the Commission should make approval recommendation where no plats or specifics on development are presented. It is, however, concluded that this proposal is the best proposal that the Commission has received for this parcel of property and should make a recommendation of approval. APPROVAL OF FINDIN(~3 OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED n ~~ COMMISSIONER SHEARER VOTED ~~' ~ "l q~ COMMISSIONER ALIDJANI VOTED_(V CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOI~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 enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 22 Wayne S. Forney, AI Urt~an Planner and Development Analyst ~ 52 East Franklin Road -Meridian, Idaho 83642 Comprehensive Planning / City & Regional Plan Updates Citizen Participation Community Relations Growth Management Plan Implementation 7_oning, Annexation & Development Ordinances Code Analysis Land Development Planning & Negotiations Infrastructure Planning Revitalization Plans Economic Development Community Development Finance Analysis Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contract Planning Jf-fVICeS tO Cities & Counties ~~ 22 August 1995 Will Berg, City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Dear Mr. Berg: Telephone (208) 887-6015 Fax (208) 887-6049 DECEIVED AUG Z 3 1995 CITY OF MERIDIAN On July 11, 1995, Jim Ballantyne, et al, submitted an annexation and zone change for property they own in the general vicinity of Meridian Road and Franklin Road. On August 8, 1995, this application was brought before the Meridian Planning and Zoning Commission of the City of Meridian. At the Planning and Zoning Commission public hearing, we were informed by the City Attorney, Mr. Wayne Crookston, that we needed a notarized affidavit from Mr. Norman G. Fuller saying that he also wished to be annexed into the City with Commercial General (C-G} zoning. This is because Mr. Ballantyne has received an easement from Mr. Fuller to allow access to Meridian Road. We have acquired the necessary notarized affidavit and you will find it enclosed. Please let me know if there is anything else you need for this annexation request.. Respectfully, 4. Wayne .Forrey, AICP Enclosure cc Wayne G. Crookston, Jr. -City Attorney Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association ~ ~ LEGAL OWNER AFFIDAVIT ANNEXATION REOUEST AFFIDAVIT RECEIVED AUG 2 3 1995 CITY OF MEKIDIAN ~~~ ~~ ~ I, filer, do hereby certify that I am the legal owner of the land directly abutting the Jim Ballantyne, et al, property with access to Meridian Road. I further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho, for C-G (Commercial General) zoning. Dated this ~ /(r d~ 1995 r s~G ~ By: orm Fuller STATE OF IDAHO } ss. County of Ada ) ON THIS ~~~day of 19~ before me a notary public in and for said State, personally appeared . ` r i .~~ s ~ . known to me to be the persons whose names are subscnbed to the withi instrument, and acknowledged to me that ~ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dsiy and year first above written. My Notary Commission Expires ~2 -.~/ , 19 9~ My Notary Bond Expires 19 Residing at`1~~~~~ ,Idaho • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: AUGUST 8.1995 APPLICANT:.. AIM BALLANTYNE AGENDA i TEM NUMBER: 19 REQUEST: PUBLIC HEeRuyG• REQUEST FOR ANNElCAT1ON/ZONING FOR 4017 ACRES TO C-G ND AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: ~ ~ L MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: ~(} CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENT ~ 1 " NAMPA MERIDIAN IRRIGATION: `-,1 SETTLERS IRRIGATION: ~ V IDAHO POWER: ~~ US WEST: INTERMOUNTAIN GAS: L„ BUREAU OF RECLAMATION: ~(~ °' ~+1 ` ~ ~/`' ' ` OTHER: _ I ,I v n P 1<)~ ~,hJ Materials presented at public meetings shall become property of the r~,,-~, ~ ~'~,`' ~u~~~~~~ ~~~~~~t AD~COUNTY HIGHWAY I~ST CT Development Services Divisi Development Applicati - ep MA-1-95 - Annexation/R-14 & R-T to C-G & L-O Franklin Road west of Meridian Road, City of Me ' The applicant is requesting annexation approval wi R-14 & R-T to C-G & L-O to allow office and general commercial developme The re site is located on the south side of Franklin Road and on the east s' 'dian The site is currently vacant. This development is estimated to ra 7,000 additional vehicle trips per day depending on the use. Roads impacted by this developme Franklin Road ino with ath designation ffic 242 in 1990 Meridian Road tors bike route designation unt 8 in 1993 Issues to be ad ssed: 1. Rig way requ' ent 2. Roa e 3. Acce location _ ~~C:HITERION ~TF - CLARIN ~ SCH A ._ U ... _. ~. DA DR PINE AV OM ~ gLpG C F N H i7 N PINE AV •. O `W ~ N ~ < a 2 ' ~ PINE A~ ! ~ )A MO CT _ ur N 3 3 IOAH AV n a I A N N • -- - 9 ADWAV CT F ~ BROADWAY . W ¢ y H CITY D O AV • < ' ' DICK CT °D NA BR OW AY AV ¢ C ¢ 2 in W ~ N O ,. RAII ROAD $T H UNION PACIFIC RAILROAD c¢j rte ~ BOWER ST w BOWER ST W • ~ ~ . ~ TA A W ~ N r • ~. . ~ H ADA ST N < N 00 'LANARK ST ME ~ Z TAYLOR AV KING _ KING ST ST N 1 • ~ A C. c 15~ ; ¢ MERIDIAN F ~ 3 g WILL AMS 5T INDUSTRIAL ~ > FRANKI ~ =RESrwOOD DP y 9O PARK m FRANKLIN D ~~ FRANKLIN RO ¢ W )q HEIDI CREST WOOD; i N O y I 9 ¢ CHAMBER OF *~ PL W= 3 U CIR ALDEN ~FE-y'9y ~ =' ? ti BARRE D HH N~ ~,,P ~ U ¢ 3 COMMERCE • p 3 p O a ' FULME F40a ST ?P D r ARMS ~ ~ MERIDIAN ~ Z ¢ SPRING O < MERG- Qc AFb Qt r e LN GEM T • SP O ANZER O e ~~IL~OQ ,^~ PENN Ue ~ 5 W EEDWAY WATERTOWER LN. S • ~ ¢ O PINTAIL OR c9 Fti ST > i a ¢ FTS F _ ~ 4 `~ CENTRAL VALLEY CORPORAT ~ W ~ W ~ q0 ~ . ~1i < > r¢ C 3 T S ¢ q O E PARK o Oq PORAT ~ • ¢ T Z - E DR N d ~ x yH D J I ST ~3 AC W ~ Q ° I N ~ ~ M vAL n u., , ti C~Wq v a ¢ O ,~ Oq CENTRAL ~ CADILLAC DR • i ~ • ___•• ~ • DR BENTLEY AV < BENTLEY Ch I I i' T~ ~ ~ F 1 1'T O 1( no AA 195 WPI] ACHD Commission Date -August 2, 1995 - 12:00 p.m. YI! ~:1-• - 17 ; -- , a; \`~6w ~ ~ 3 2 ",ARRETT ~ ST. ~ 7 6` 15_4 3 2 I 4 10 II 12 X13 14 15 I~ ~ULMER CT. -y ~ 23 22 ~I 0 ig ITS ~ ~- 30 31 i 26 27 28 29 HANOVER CT ~ 39.38 3T 36 3' ~ 34 •. g24344~' 6 %~ .~ cNNW00D ST. ~, J li 12-~a~, 9 a 10 13 --~• I2• _ F ~_... E w -.-9,~4 ~~~20 _ ~. •~~~ 8i 15 ~,9 .~ 1- J ~ ~4 r - ~' 16 ~.<' 18 ~ i` I ,i N~~~~~~ ` ~ ~ P FF \ \. ~_ F i~. N 3 ~~ RI 0 't ~; \ o ~~ .~ . ~ s t'' ,.t,.lf Mb ST,. .~._c ~~ i 7i 2 ss sy ~• 1 : x e so ~ .L,. s t 9 ~. t _ _ .~ ~ c 9 -, "~" ~~ V: ; /a /T 4 W ~ NL• h ~ ~. i9 ?- It ~ O s 21 a0 ~, v 2S ~ ~ /I U ie ti~ n .ee' ~ 14 ~ 9 ~ /O ~ ~p 2S 2t rs ~ IM -4- \~"° ~. - ~q< ~ N - ~- 4 ~~.. .,. T ~'~o~FRT'Y ~o~ose~ ~'°K' /~Nl~f ~XerT~o~l '~ '~+~ l _ ,e C ~ O ~ f 1~~ ` . - -2-, .,o c Ap^ PLANN•INQ A~~~ I ~ U L.1 01995 ~= f „e• f -2C- t ~ S ~e rvA TMAN LANE •g _. :_ _ _._.._ 4 R` \ ~ -1JC- -10E- ~n ^ _._ _. _.. V ,~ ~~r' '*r" 10Q~ V v ~ f w M v -2B- ,, . ..__ ' .,~~ ' ..s• 3-: i t Facts and Findings: • A. General Information RT & R-14 -Existing zoning G'~,(j -Requested zoning ~- 38.25 -Acres 280 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessrr Franklin Road Minor arterial with bike path Traffic count 10,242 in 1990 260-feet of fronffige ..` 50-feet existmg_a~g -of u~ay', 90-feet reauired~~ a:. f-wav Franklin Road.i ~P f,. ,- .:~ r~~ ~ ',fir ,~' ~ Y,~H: -~ ~~ ~;~ ~. ~ . 4 i ~^~Il'~mi"~~w. ] :'R ~. ~~, ; n, J,. ...~' a ~1i~tion ~' ,, ~~ eet tro'" centerline) f~~t from centerline) feet of pavement with no curb, gutter or sidewalk. Collector eet with bike route designation Traffic cQ` 5,378 inf993 50-feet ~r ~ j ~ asement only) 50-feet exi '` ~ fight-of--way (25-feet from centerline) No additional right-of--way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. B. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38.25-acre mobile home park on this site. That application was not approved and the applicant is now requesting an annexation approval with rezone from R-14 & R-T to C-G & L-O to allow office and general commercial development on the site previously considered for a mobile home park. C. The site is currently undeveloped. D. The ACHD Capital Improvement Plan indicates that Franklin Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Franklin Road and for right-of--way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of--way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. MA-1-95 Page 2 E. In accordance with Duct policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot sidewalk on Franklin Road abutting the parcel. These improvements are estimated `tacost a total of $2,210.00. F. There is an existing driveway for the Hoff Building Supply facility ozl the north side of Franklin. Staff recommends that the subject parcel ~iccess`he aligned with this driveway or sufficient offsets be maintained. ~:.:` ~_ G. The ACHD Capital Improvement Plan indicates.ttiat Meridian Road is approved for use of Road Impact Fee funds to increase its capacity„therefore RQ Impact Fee offsets may be ~.~~. .., given for construction of the roadway imptairements (excluding sidewalk) along Meridian 1 : ~ }~ Road and for right-of-way dedication irt~additiori~to.what;~xists now. If the developer wishes to be paid for the additional right-of--way, he/she mu~t~submit an application to the impact fee administrator prior to breaking ground, in:~ccorda~ce with Section 15 of ACHD Ordinance #188. ,,r s' ~~ ~ ~,. . E ~' H. In accordance with'~District pal~y,, staff recommends that the applicant be required to deposit to the Public Rights 4~: Way Tru t Fund the cost of constructing 5-foot sidewalk on Meridian Road abutting the easement. These improvements are estimated to cost a total of $425.00. _~~. E~ I. Staff is concerned with the pt~s~ble connection of the residential stub street to the west connection <~vith this proposed commercial developments. Staff will review the proposed stub street connection at the time a development plan is submitted and make recommendations at that time:.. Stub streets,niay be required to the abutting parcels to the south and east. J. Based on dev~opment patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. K. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on August 8, 1995. If the rezone is approved and development proceeds, the District will provide the following recommendations to . Site Specific Requirements: Dedicate 45-feet of right-of--way from the centerline of Franklin Road abutting the parcel (20- additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance # 188. MA-1-95 Page 3 # ~ 2. Provide a $425.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 50-feet of 5-foot sidewalk on Mericlan Road abutting the parcel prior to issuance of building permit (or other require its). ~.> ~ ; 3. Provide a $2,210.00 deposit to the Public Rights ~f Wav T'° s ~tu'd,;at the 17 strict for the required street improvements of 260-feet of 5-foodsidewalk on Fran~l~tn;l~oad abutting the parcel prior to issuance of building permit (or of 4. Driveway or street connections to Franklin Hoff Building Supply on the north side of l Coordinate with District staff. , shall~'ali~' . ith the existing driveway to the nor ~hal~"° 'ntain minimum offsets. 5. Driveway or street connections to Meridian~;Road with District staff. 6. Additional restrictions on tliw'dth, nui11 ', ~ d District policy,.:sti` be piaced'~a ~ future' ~ elop ~:~ r minimum offsets. Coordinate locations of driveways, as required by ment of this parcel. Standard Requirem_ en~~~.~ ~~ 1. A request~for modification, variance or waiver of any requirement or policy outlined herein shall be ui~de in writing Ito the Development Services Supervisor. The request shall Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specificall identi each ~gquirement to be reconsidered and include a written explanation of why such a reauirrement would result in a substanti 1 hards 'p oror ineauirv. 3. 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. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. MA-1-95 Page 4 5. 6. 7. 8. 9. 10. 11. 12. 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 place~l.in said easement. Drainage lots and their use restrictions shall be noted on the~~t («~heri applicable). Locate driveway curb cuts a minimum of 5-feet from the side lot property: lines when driveways are not being shared with the adj Construct pedestrian ramps on the corner of all. sf Code, Section 40-1335. h~ r~' w i~~ Dedicate a 20' x 20' right-of--way triang e (or app within the public right-of--way) at all'intersecfions prior to issuance of building permit-tor other regt in compliance with Idaho a~~ curve to keep street improvements tng and/or within the development permits). Continue existi across parcel. Continue borrows'c~,~,lrainag~,,a~~tting parcel (culvert may be required). Provide writte p` nfrom theppropriate irrigation/drainage district authorizing storm ~s~.. runoff into t . system.: If street improvements art proposed, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way, as may be required ~iy~ ' - ict. Authorization for relocations shall be obtained from the appropriate entity. '~~~~ Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. MA-1-95 Page 5 16. 17 18 19. 20. 21 Submit three sets of street construction plans to the District for review and appropriate action. .~~' Provide design data for proposed access to public streets fc ACHD. ~''"~ All public streets and drainage systems shall bed ~ia;ed a~ with District standards and policies. ~~' '~ ~s Specifications, land surveys, reports, plats.... ~ 'ngs, plan calculations presented to ACHD shall be ~eai y ed anc Professional Engineer or Professional Land Surve~,or ~~a:ec Section 54-1215. ~'' ~'~ ~ '~ and appropriate action by ~cted~ in conformance ;n information and by a Registered ice with Idaho Code, The applicant shall submit revised` plans for staff approval, prior to issuance of building permit (or other. r quired p~ "~ s), whrc~h ~`porates any required design changes. ~, ~_ Construction, us~w,, ropertg;~, ,_ ve~opment shall be in conformance with all applicable requirements of the: ounty °Hi~l~vay District prior to District approval for occupancy. Should your have any Division aC~ 345-7662. ~, ' ,.. ~~~. w~. ~; or comments, please contact the Development Services Development Services Staff Date of Commission Approval: MA-1-95 Page 6