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HomeMy WebLinkAboutW.H. Moore Company AZOFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clly Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Pollee 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 Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation and Zoning of 20 67 acres to C-G BY: W H Moore Company - LOCATION OF PROPERTY OR PROJECT: North on Overland Road and aaproximately 1300 feet west of Highwax 69 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _606 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGWEER 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) _~CITY FILES OTHER: YOUR CONCISE REMARKS: R APR 1 7 ~~~5 CITY OF MERIDIAN APP~ATION FOR ANNEXATION APP~/AL & ` ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N/A (Proposed Name of Subdivision) North on Overland Road & aparoximately 1300 feet west of Highway 69 (General Location) SE 1/4 Section 13 T 3N R 1W B.M.. Ada County (Legal Description -Attach if Lengthy) Tower Associates (212) 935-1331 (Owner(s) of Record) (Name) (Telephone No.) 654 Madison Avenue New York NY 10021 (Address) W H Moore Company 323-1919 (Applicant) (Name) (Telephone No.) 8150 Emerald Suite 140 Boise Idaho 83704 (Address) Briggs Enaineering Inc 345-2881 (Engineer, Surveyor or Planner) (Name) (Telephone No.) 1111 S. Orchard Suite 600 Boise Idaho 83705 (Address) (Jurisdiction(s) Requiring Approval) N/A (Type of Subdivision -Residential, Commercial, Industrial) Annexation Acreage 20.67 Acres of Land in Contiguous Ownership. (Accepted By:) (Fee) 950112 • • W. H. MOORE COMPANY ANNEXATION 1. W. H. Moore Company (8150 Emerald, Suite 140, Boise, Idaho 83704). 2. Tower Associates (654 Madison Avenue, New York, NY 10021). 3. Notarized affidavit attached. 4. Attached legal description. 5. See attached Record of Survey. 6. Present Land Use: Vacant property, zoned C-2 (Highway Commercial Zone). 7. Proposed Land Use: Uses allowed within the C-G Commercial. Specific uses have yet to be determined. 8. Present Zone: C-2 Highway Commercial (Ada County Code). 9. Proposed Zone: C-G (General Commercial Zone). 10. & 11. The property adjoins Interstate 84 on the north boundary and is situated between C-G property on the east and C-3 property (Mountain View Equipment) on the west. The parcel is also located on a minor arterial (Overland Road). The parcel is identified on the map as a mixed planned use development. W. H. Moore Company is purchasing the 20.67 acres and the adjoining 18.41 acres to the east zoned C-G. The applicant intends to develop the entire 39.08 acres as a planned commercial development. 12. 300 scale map attached. 13. Property owner list attached. 14. The Meridian Comprehensive Plan designates the Overland and I-84 area as a mixed use area which could include commercial, medium-to-high density residential, industrial, office, medical, etc. The rezone to C-G would be consistent with the Comprehensive Plan goals. 15. Fees attached. 16. Briggs Engineering will post the property. 950112 DESCRIPTION OF PARCEL 1 FOR TOWER ASSOCIATES October 20, 1994 • A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the southeast corner of Section 13, T.3N., R.1W., B.M., thence N 89°46'23" W along the south line of said Section 13, 1309.44 feet to the Southeast corner of the SW 1/4 of the SE 1/4 of said Section 13, the Real Point of Beginning of this description; Thence continuing along said south line N 89°46'23" W 799.58 feet to a point; Thence N 0°31'11" E 19.24 feet to a point; Thence N 1°03'11" E 340.95 feet to a point; Thence N 0°13'37" W 229.32 feet to a point; Thence N 0°38'59" E 228.87 feet to a point; Thence N 1°19'50" W 21.81 feet to a point; Thence N 0°31'11" E 292.20 feet to a point on the southerly right-of-way of I-84; Thence S 89°33'35" E along said southerly right-of-way 385.48 feet to a point; Thence continuing along said southerly right-of-way S 85°44'44" E 419.99 feet to a point; Thence S 0°46'49" W 1101.44 feet to the Real Point of Beginning of this description. Said parcel is subject to a Kennedy Lateral easement and Overland Road right-of--way and other easements of record or of use. Said parcel contains 20.67 acres, more or less, of which 0.46 acres is right-of-way. Michael E. Marks, L.S. - 930912 . • CJ AFFIDAVIT OF LEGAL SERVICE STATE OF IDAHO COUNTY OF ADA I, Jon H. Manchester , 654 Madison Avenue. (NAME) (ADDRESS) New York New York 10021 (CITY) (STATE) 1. That I am a general partner of Tower Associates, the record owner of the property described on the attached, and I grant my permission to Winston H. Moore , 8150 Emerald. Suite 140 (83704. P.O. (NAME) Box 8204. Boise. Idaho 83707-2204 (ADDRESS) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold Meridian City and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 24th day of March , 195 . jt f (Signature) Subscribed and sworn to before me the day and year first above written. Nota Public for New York ~o `~'~ My Commission Expires: ~,Rp,C~ Mopo~MN~ ~,ry P NbG'41t5009~1~pew York~~~~ ~ml~on~Exp~res March 8,~19..L~ .1 •i , .~ r •J 8102342 WARP,AN'PY DL:ED THIS INDENTURE, made this 1st day of December, 1980, by and between TRIBUNE PL'isLISFiING COt1PANY, INC. , an Idaho corporation, party of the first part, and TO(ti'ER ASSOCI?~TES, a New York general partnership, with offices at 8000 South Cole Roae~, Boise, ID 83709, ` party of the second part, WZTNESSETIi: That- the said party of the first part, for and in con- sideration of the sum of Ten Dollars ($10), lawful money of the United States of Funerica, and other good and valuable considerations to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and k by these presents does yrar.t, bargain, sell, convey and confirm unto the said party of the second pert and to its successors and assigns forever, sll of the iollowi.^.y-described real property, situate in Ada Count;, State of Idaho, and particularly described as follows, tU-Wlt: t. parcel of land 1; in;; in a portion of the S~•;1/4 of the SE1/4 of Section 13, Tuwns}iip 3 i:orth, Range 1 t•;cst, 13oisc "lcridian, t:cia County, Idaho, and snore particularly described as ~olloers: BEGINNING at a brass cap ;rarkinu the Southeast corner of the said Sh1/4 of Scctior. 13; r_hcr.cc I~Iorth 89°46' 5~" :•Iest 1,309.45 feet alone, the Southerly boundary of the said SEi/4 of Seci:ion 13, ~•rhich i~ also L-he center- line of Overland Road, to an ir.~~n pin marking the 5outheas*_ corner of the saki S.'1/4 of L-}:c SEl/4 of Section 13, also said point being the REAL POINT OF BEGI:~.4ING: ti~cnce con tinuiny ~Icrth 89°46' S0" I^iest 799.5E feet along the Southerly boundary of the said SZ•i1/4 of tilc~ SI:1/~'. of Section 13 to ac: iron pin; thence North 0°30'44" East 1,132.4 feet- along a line L•'astcrly of and parallel vrith the l•Iestcrly boundary of the said S'r:l/4 of the Srl/4 of Section 13 to an iron pin on the Southerly right-of-:ti~ay line of Interstate highway 80N, Federal Aid Project No. I-30N-1(12);;7; thence South 89°34'02 Bast 805.47 feet: along t}~c said Southerly right-of-:ray line of Interstate iiiglz:•ray 80A1 tc an iron pin, on the Easterl•; }:our.dar;~ of t1;c S•:l/4 51;1/4 of said !. • • Sect~.on 13; thence South 0°46'21" west 1101.44 feet along the said Easterly boundary of the Swl/9 of the SE 1/4 of Section 13 to the PO;.PIT Or >rEGINNING. TOGETHER 471t11 all and sincl:l:lr the tenements, hereditaments and appurtenances thereunto belonging ar in any wise apperataining, and the remainder or remainders, reversion or reversions, rents, issues, claims and demands whatsoever of first party, either at law or in equitl, of, in and to the above-described premises. And said party of the first part, for itself and for its successors and assigns, does hereby covenant and agree to and with said party of the second part, its successors and assigns, that at the time of the enscalina and delivery of these presents, they are seized of the premises above conveyed, in fee simple absolute, and have good right, full power and la~•:£ul au~:hority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear of all former and other grants, bargains, sales, liens, tares, assessments and encur~branccs of ohatsoever kind or description, except reservations or exceptions in patents or in acts authorizing she issuance thereof; water. rights, and claims and title to water; liens, levies and •issc•ssmcnts of the :Jampa-!deridian Zrrigation District and the rights, powers and easements of said. District as provided by law; a Right-of-t•;ay +yr^emc:nt, dated ?arch 1, i9G3, recorded l+pril 15, 1963, a:~ Inst-.ru:ncnt :10. 5~35~1, and recorded D7ay 22, 1963, as In:.trument ^lo. 556566, records of Ada County, Idaho; a right-of-way for Overland Road over. the southerly 25 feet of the above-described property; right-of-.gay for Kennedy Lateral along the southerly boundary of the above-described property and the rights of access thereto for maintc'r.ance of said lateral; ri~lhts-of-way of tcto-£oot concrete ditch over southerly portion of the above-described property and irrigation and dr:~inaye ditches. meandering across the above-described property and along the easterly and northerly boundaries there~£. ~~~1 ~ ~ ~ ~ .~ And the a'vove-bar.t,ained premises in guiet and peaceable possession of said second party, its successors and assigns, against all and every person ~r persons lawfully claiming or to claim the'whole or any part thereof, said first party, its successors. and assigns, shall znd will WARRANT and forever DEFEND. IN R'ITNESS WHER1rOF, the party of the first part has here- unto set its hand and seal the day and year first above written. TRIIIUNE PUBLISHING COMPANY, INC., BY ; ~ President AZ"rEST: ""- Secretary STA`rL•' OI I D A H O ) s5. County of NEZ PL•'RCE ) On this /''/i~•, day of December, 180, before me, the undersigned, a notary public in and for the State of Idaho, personally appi:ar.ed JOfIN H. HAYCOCK, known to me to be the president and l:UI;L,NIA f{ATn13LIN, known to me to be the secretary, of the corporation that executed the within and foregoing instrument and acknowledged to me that such corpora- tion executed the same. IN WITD;I;SS ~^]I{I:RL•'Or, I have hereunto set my hand and affixed my official seal the day and year first above written Notary Public }:n and for the State of ,,.~ ~'S .~; ~~,,L' j', Idaho, Residing at Lewiston, therein. . C ,t Sid': 6F IC44u. CO~C~I1 f% M1'••M1 ;c Fr.r' ~;i reu,d a:'4t re,:::rt t __ _~i'~~~ ~-n4ll~111 Lt l;u. ~''' ~p o L~.cd c~~ ~~ z i .p .~ N i .~ - . N W Ca I ~ MM G~ W a -~ i ~ ~ ~ ~ ~'• ~.'`.~ V ~ ~ ~~ ~ m ~ . ~ ~ s ~ a m Z m ~~~• ~ m n 1 ~---~ ~ . MI ~ O ' ~ ~ _'~ ~~ N ~ W f ~i 7s~r _ __._.___.__ ~ i z ~~ Z w 0 0 -+i ='• ~.a ~ :~ -- .. J ~..: E7 • Property Owners Within 300' of W.H. Moore Property March 14, 1995 S1213428300 Douglas W. Tamura & Arthur J. Berry, 104 So. Capital, Boise, ID 83702 S1213417705 State of Idaho, Statehouse Mail, Boise, ID 83720 S1213449065 Tower Assoicates, Mall Properties, Inc., 654 Madison Avenue, 11th Floor,~~ New York, NY 10021 S1213438600 Mountain View Equipment Co., P.O. Box 690, Meridian, ID 83680-0690 S1224110300 Queensland Acres, Inc., Carol Lotspeich, 1032 Cayman Drive, Meridian, ID 83642 Queensland Acres Subdivision 87288000000 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, & 11 Scott Theron and Carol Scott Lotspeich, 1032 E. Cayman Drive, Meridian, ID 83642 87288000090 Lot 10 William H. & Lois M. Meyet and Marion H. Naylor, 795 W. Overland Road,~~ Meridian, ID 83642 941208 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on May 9, 1995, for the purpose of reviewing and considering the Application of W.H. Moore Company for annexation and zoning of approximately 20.67 acres of land located in the SW 1/4, SW 1/4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located North on Overland Road and approximately 1300 feet west of Highway 69. The Application requests annexation with zoning of C-G. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of April, 1995. l' ~,,~ WILLIAM G. BERG, JR., LERK • • 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 July 18, 1995, for the purpose of reviewing and considering the Application of W.H. Moore Company for annexation and zoning of approximately 20.67 acres of land located in the SW 1 /4, SW 1 /4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located North on Overland Road and approximately 1300 feet west of Highway 69. The Application requests annexation with zoning of C-G. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of June, 1995. ~~ WILLIAM G. BERG, J ., C CLERK i ~{! Ik Y ~' ~~ ~' .... _. _ .. ... ... .._ _. .. ._. .~ .____..... ~ V' .~ D ~~ `rn ~~ Z--~~ w O O a ~ ~ ~~~ ~~ .~ ~ , -` ~! ~, ~- ~ ~ C~ _ - ~ ~ ~ ~ m v i ~ ~ Z m m ~ «I ~~ ~ . 0 ~ ~ ~ _,- ~ _ ~ iN ~ ro O w f ~I ~ Z 1s)i' ± ~. ~ i ORDINANCE NO., 707 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the southeast corner of Section 13, T.3N., R.1W., B.M., thence N 89°46'23" W along the south line of said Section 13, 1309.44 feet to the Southeast corner of the SW 1/4 of the SE 1/4 of said Section 13, the Real Point of Beginning of this description; Thence continuing along said south line N 89°46'23" W 799.58 feet to a point; Thence N 0°31'11" E 19.24 feet to a point; Thence N 1°03'11" E 340.95 feet to a point; Thence N 0°13'37" W 229.32 feet to a point; Thence N 0°38'59" E 228.87 feet to a point; Thence N 1°19'50" W 21.81 feet to a point; Thence N 0°31'11" E 292.20 feet to a point on the southerly right-of-way of I-84; Thence S 89°33'35" E along said southerly right-of-way 385.48 feet to a point; ANNEXATION ORDINANCE - MOORE/C-G Page 1 • s Thence continuing along said southerly right-of-way S 85°44'44" E 419.99 feet to a point; Thence S 0°46'49" W 1101.44 feet to the Real Point of Beginning of this description; is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D prior to the issuance of any building permit or plat approval which ever comes first; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., S 2, K, L, and M of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. .Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian, which include that the property ANNE%ATION ORDINANCE - MOORS/C-Qr Page 2 • must be developed as a planned commercial unit development or under the conditional use permit process. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 1st day of August, 1995. __ ~~~~ _ Y qM ATTEST : ~~''~a,C~~NT~ ~ ~.~`~~\ ~~ti~riit~~~t<<~~ APPROVED: MAYOR vGRANT P. K WILLIAM G. BERG, ~ - CITY CLERK ANNEBATION ORDINANCE - MOORS/C-(~ Page 3 • ! STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, .Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 707 , by the City Council and Mayor of the City of Meridian, on the 1st _ day of August, 1995, as the same appears in my office. ````\````~~t~1111ttft~,,''i 4~ , ~.~`G~ ~~,~Y~h day of August, 1995. TF O _; ~ gg,,~~ e- T ~11Ir13J •' Z- M City Clerk, City df Viridian = ~~, ego o Ada County, Idaho '~~~~'~,,, CQtJ~tTY ~ ~~``~~~`` STATE OF IDAHO,) ss. County of Ada, ) On this 7th day of August, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official_:seal the day and year in this certificate first above Wrltteri•s'.'~ ~~~~c~~~rrrr,,~e a • ~ ,P i ~ '~.~ ~ L SEAL _ ~ ,t> ~~ ~ ~ , ., ~,~ - o r~ .. ~,. ,.,_ Re 3°~ ~ ,,,~~f ~ ~~„~~~~~ ANNEXATION ORDII~~INCE - MOORE/C-G ry Public for Idaho ding at Meridian, Idaho ommission Expires D~-0'~ -ri'7 Page 4 • Meridian City Council July 18, 1995 Page 30 striking the word until from the paragraph, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion for the City attorney then to prepare an ordinance? Morrow. Mr. Mayor I would move that we instruct the City Attorney to prepare the annexation and zoning ordinance. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare annexation and zoning ordinance for Packard Subdivision No. 1, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Now then item #8, it would be appropriate to table until that ordinance is passed. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table item #8 preliminary plat until the annexation and zoning ordinance is approved, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING:.. REQUEST FOR ANNEXATION AND ZONING OF 20.67 ACRES TO C-G BY W. H. MOORE: Kingsford: At this time I will open the public hearing and invite Winston to speak first or his designee. Becky Bowcutt, 1111 South Orchard, Boise, was sworn by the City Attorney. (End of Tape) Bowcutt: This is an application for annexation and rezone of a property located just west • Meridian City Council July 18, 1995 Page 31 of Highway 69 or Kuna Meridian Road. You can see it he{S gt°hu{hCr The Mounta nrView adjoins Interstate 84 on its north and Overland Road on is one parcel of a total Equipment is right next door to us. This particular piece of property of I believe they had 4 parcels to begin with• It `mss ° ertn here Me~Sandman motel Associates out of New York and they owned all of this prop y the JB's restaurant, those particular developments cam stab of and the motel expans on recent Mr. Sandman No. 2 subdivision and the Texacoarcels is this area ri ht here. W. The other 3 remaining p g was also part of this property. H. Moore Company is purchasing those two parceliinT{ i and the lary limits basically spl t see with the C-G zoning is currently within the city Mr. Moore's property in half. This is 18.41 acres here auto a CtG zzone so that Ewe have annexation and rezone of the westem half of this prop rtY the entire parcel within the City limits of Meridian. IonecSo the C G zone would beda County's jurisdiction, that is a highway commercial z comparable zone to move into if we were trying to find some type of a match. Until such times as these parcels, this other westem portion is annexed into the City of Meridian we were we have this split jurisdiction would have difficulty doing anything on the property ou have the Ten Mile Creek situation. The sewer is currently on this property right now, y interceptor which is a 15 inch line comes across I-84 an crosses and goesoeasts o e aon runs parallel with Ten Mile Creek and then exits and Highway 69. So we do have access to central sewer. Centor thwa~es coa celthat MrvMoore Road and is stubbed, I think it is approximately 13 feet Int P is purchasing right here. So we would pick up that 10 ie ava table nth snarea.o Overlanid portion here. So all the necessary public services ar Road is classified as a minor arterial, your comprehensive plan promotes commercial type development along I-84 and along existing arterial rcoAand reh nlsive plan!sSo weffeet that mixed use planned development area on your new ro riate. We are exploring various this particular zoning designation would be app p alternatives in what we plan for the property. If you do have some questions concerning future uses I think those should be addressed to Mrt Mou h he Endings of fact avid evening to answer those questions. We have read 9 conclusions of law prepared by staff and adopted by th es ion wheret references tyingithe basically they look in order. I just had one particular qu because we do not have a plat before the agreement to a final plat was that intentional, City at this time so I didn't know if that was an oversight. Kingsford: Counselor, do you have an answer for that? Crookston: I am sorry I haven't looked at the findings as a result. Bowcutt: You might take a look, I think it is referenced in the recommendation and then • • Meridian City Council July 18, 1995 Page 32 referenced in another area within the body of the document. Morrow. Which pages? Bowcuttt: I can identify them and get back to Mr. Crookston, do you have the findings before you? Look on page 16 and the recommendation, enters into a development agreement prior to final plat approval. Is that the way it is typically handled. Crookston: Yes it is, we use to require the development agreement prior to annexation and we moved that back to so that it is more tied in with the platting procedure. Bowcutt: That was the question that we had. I did have a second question concerning item, on page 7, there is item 4.4U with a reference out of the comprehensive plan and the 35 foot, the comprehensive plan that I have which I think is the new one the 35 feet was removed from that it was in the old one. Crookston: That is correct, I think that reference is to a comment made by Shari Stiles. Bowcutt: Yes, I did speak with Shari about when planning the development of the property appropriate buffering along I-84 so that we didn't have buildings that were right up against the interstate and we have some type of an aesthetically pleasing perimeter where we have so much traffic along that area. Do you have any particular questions? Kingsford: Did the Council get Mr. Moore's packet outlining potential development there. Sometime back I know I was given one, I think everyone got that. You got one Ron, I think you all did. At any rate that is what they are talking about here. Very beautifully, as Winston always does, color brochures and all of that stuff, by the way nice sign out there. Morrow. Mr. Mayor I don't remember seeing the document that doesn't mean that I didn't get it. Kingsford: I know that you guys don't get a whole lot of paperwork. This has been some time ago that it-was distributed. Do you have a copy of that for their information? Bowcutt: No sir I don't. (Inaudible) Kingsford: That would be something that would be more appropriate I guess when you look at platting the whole project. I just point that out because it does tie together what we are talking about here. • • Meridian City Council July 18, 1995 Page 33 Bowcutt: I don't typically get involved in the marketing so I don't see the pretty brochures. We are currently working on (Inaudible) Kingsford: Well in any event that is what they are talking about. It is available, will is here and I am sure you guys all will have it too. Any other questions for Becky? Thank you, anyone else from the public? Seeing none I will close the public hearing. I might just comment that this concept on the annexed property dates back to my recollection is 1979 and the City voted to annex the rest of Mr. Moore's property which was Tower's properties and otherwise known as Mall Properties of Georgia and five or six other things for basically this kind of thing. So it has been consistent through that period of time. Don't you look at me like that Walt that is true. Morrow. There have been some other things consistent in that period of time that we seem to be having some major problems with. Kingsford: The public hearing is closed, is there any further discussion on the annexation? Morrow. Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as prepared by P & Z. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Tolsma: Mr. Mayor I would move that we request the City attorney to prepare an annexation and zoning ordinance. Morrow. Second Kingsford: Moved by Ron second by Watt to have the City Attorney prepare the annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea L~ Meridian City Council July 18, 1995 Page 30 striking the word until from the paragraph, roll call vote. • ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion for the City attorney then to prepare an ordinance? Morrow. Mr. Mayor I would move that we instruct the City Attorney to prepare the annexation and zoning ordinance. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare annexation and zoning ordinance for Packard Subdivision No. 1, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Now then item #8, it would be appropriate to table until that ordinance is passed. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table item #8 preliminary plat until the annexation and zoning ordinance is approved, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.67 ACRES TO C-G BY W. H. MOORE: Kingsford: At this time I will open the public hearing and invite Winston to speak first or his designee. Becky Bowcutt, 1111 South Orchard, Boise, was sworn by the City Attorney. (End of Tape) Bowcutt: This is an application for annexation and rezone of a property located just west • • Meridian City Council July 18, 1995 Page 31 of Highway 69 or Kuna Meridian Road. You can see it here, this cross hatched area. It adjoins Interstate 84 on its north and Overland Road on its south. The Mountain View Equipment is right next door to us. This particular piece of property is one parcel of a total of I believe they had 4 parcels to begin with. It was originally owned by Tower and Associates out of New York and they owned all of this property here. Mr. Sandman motel the JB's restaurant, those particular developments came out of this parcel and the most recent Mr. Sandman No. 2 subdivision and the Texaco station and the motel expansion was also part of this property. The other 3 remaining parcels is this area right here. W. H. Moore Company is purchasing those two parcels. This particular parcel here that you see with the C-G zoning is currently within the city limits and the city limits basically split Mr. Moore's property in half. This is 18.41 acres here and what we are asking for is an annexation and rezone of the western half of this property to a C-G zone so that we have the entire parcel within the City limits of Meridian. It is currently zoned C2 under Ada County's jurisdiction, that is a highway commercial zone. So the C-G zone would be a comparable zone to move into if we were trying to find some type of a match. Until such times as these parcels, this other westem portion is annexed into the City of Meridian we would have. difficulty doing anything on the property were we have this split jurisdiction situation. The sewer is currently on this property right now, you have the Ten Mile Creek interceptor which is a 15 inch line comes across I-84 and comes onto the south side and runs parallel with Ten Mile Creek and then exits and crosses and goes east over on Highway 69. So we do have access to central sewer. Central water comes down Overland Road and is stubbed, I think it is approximately 13 feet into this first parcel that Mr. Moore is purchasing right here. So we would pick up that 10 inch line and extend it down to this portion here. So all the necessary public services are available in this area. Overland Road is classified as a minor arterial, your comprehensive plan promotes commercial type development along I-84 and along existing arterial roads. I believe this is classified as a mixed use planned development area on your new comprehensive plan. So we feel that this particular zoning designation would be appropriate. We are exploring various alternatives in what we plan for the property. If you do have some questions concerning future uses I think those should be addressed to Mr. Moore because he is here this evening to answer those questions. We have read through the findings of fact and conclusions of law prepared by staff and adopted by the Planning and Zoning Commission, basically they look in order. I just had one particular question where it references tying the agreement to a final plat was that intentional, because we do not have a plat before the City at this time so I didn't know if that was an oversight. Kingsford: Counselor, do you have an answer for that? Crookston: 1 am sorry I haven't looked at the findings as a result. Bowcutt: You might take a look, I think it is referenced in the recommendation and then • • Meridian City Council July 18, 1995 Page 32 referenced in another area within the body of the document. Morrow. Which pages? Bowcuttt: I can identify them and get back to Mr. Crookston, do you have the findings before you? Look on page 16 and the recommendation, enters into a development agreement prior to final plat approval. Is that the way it is typically handled. Crookston: Yes it is, we use to require the development agreement prior to annexation and we moved that back to so that it is more tied in with the platting procedure. Bowcutt: That was the question that we had. I did have a second question concerning item, on page 7, there is item 4.4U with a reference out of the comprehensive plan and the 35 foot, the comprehensive plan that I have which I think is the new one the 35 feet was removed from that it was in the old one. Crookston: That is correct, I think that reference is to a comment made by Shari Stiles. Bowcutt: Yes, I did speak with Shari about when planning the development of the property appropriate buffering along I-84 so that we didn't have buildings that were right up against the interstate and we have some type of an aesthetically pleasing perimeter where we have so much traffic along that area. Do you have any particular questions? Kingsford: Did the Council get Mr. Moore's packet outlining potential development there. Sometime back I know I was given one, I think everyone got that. You got one Ron, I think you all did. At any rate that is what they are talking about here. Very beautifully, as Winston always does, color brochures and all of that stuff, by the way nice sign out there. Morrow. Mr. Mayor I don't remember seeing the document that doesn't mean that I didn't get it. Kingsford: I know that you guys don't get a whole lot of paperwork. This has been some time ago that it was distributed. Do you have a copy. of that for their information? Bowcutt: No sir 1 don't. (Inaudible) Kingsford: That would be something that would be more appropriate I guess when you look at platting the whole project. I just point that out because it does tie together what we are talking about here. • Meridian City Council July 18, 1995 Page 33 • Bowcutt: 1 don't typically get involved in the marketing so I don't see the pretty brochures. We are currently working on (Inaudible) Kingsford: Well in any event that is what they are talking about. It is available, will is here and I am sure you guys all will have it too. Any other questions for Becky? Thank you, anyone else from the public? Seeing none I will close the public hearing. I might just comment that this concept on the annexed property dates back to my recollection is 1979 and the City voted to annex the rest of Mr. Moore's property which was Tower's properties and otherwise known as Mall Properties of Georgia and five or six other things for basically this kind of thing. So it has been consistent through that period of time. Don't you look at me like that Walt that is true. Morrow. There have been some other things consistent in that period of time that we seem to be having some major problems with. Kingsford: The public hearing is closed, is there any further discussion on the annexation? Morrow. Mr. Mayor I vuould move that we adopt the findings of fact and conclusions of law as prepared by P & Z. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Tolsma: Mr. Mayor I would move that we request the City attorney to prepare an annexation and zoning ordinance. Morrow. Second Kingsford: Moved by Ron second by Walt to have the City Attorney prepare the annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea MERIDIAN CITY COUNCIL MEETING: JULY 18.1995 APPLICANT W.H. MOORE ITEM NUMBER; 9 REQUEST; ANNEXATION2ONING OF 20 67 ACRES TO C-G AGE,jyCY COMMENTS CITY CLERK: P 8~ Z MINUTES FROM 5-9-95 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS G~ 7 ~ 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~Pk~ ~r~~ ~~~ c~°l`~P~w~' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission May 9, 1995 Page 29 Rountree: Mr. Chairman, 1 make a motion that we table this item until our next regularly scheduled meeting June 13, 1995. Shearer: Second Johnson: It is moved and seconded that we table this item until our next regularly scheduled meeting on June 13, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.67 ACRES TO C-G BY W.H. MOORE COMPANY: Johnson: I will now open that public hearing and invite the applicant to come forward and address the Commission. Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was sworn by the City Attorney. Bowcutt: This particular item before you this evening is an annexation of property just west of Kuna-Meridian Road and on the north side of Overland. It adjoins I-84. On our west boundary is Mountain View Equipment, to the east of us is an undeveloped parcel currently zoned general commercial or C-G and within the Gity limits. And then adjoining that particular parcel to the east is the Sandman Motel and the JB's Restaurant. This parcel is within Ada County's jurisdiction right now but within your area of impact and contiguous to the City limits. The particular parcel as you can see from this map here is right here is currently zoned C-2. Under Ada County jurisdiction that is a highway commercial zone, it is comparable to your C-G, the fact is that it has a few uses that could be designated as more intensive than what your C-G allows. My client Mr. Moore is purchasing this C-2 parcel which we are annexing and rezoning this evening. He has also purcthased this existing C-G piece that is approximately 18.5 acres. So basically our intent is we have a particular parcel of ground that is split between Meridian and Ada County's jurisdiction. They are both zoned commercial, all we want to do is annex this 20.67 acres so that it is consistent with this eastern portion. I have worked on these parcels for about the past 3 years, they were owned by Tower and Associates. They at one time owned the entire comer and they sold this for the Sandman Motel and just recently we came through with a convenient store application and a motel addition for this corner here. The parcel has existing sewer, the intersecter runs along its boundary, it comes across and bores I-84 and runs parallel with the creek and comes out and goes south out to the Elk Run Subdivision and also goes in an easterly direction. City water is also available on Overland Road, it is right here at this point, it is approximately 13 feet to the west from the property • Meridian Planning & Zoning Commission May 9, 1995 Page 30 line that lies right here. We feel that our application is reasonable, it does comply with the Comprehensive Plan. This is designated as a mixed use area under the Comp Plan which references it eligible for offices, retail, and other higher uses because of the close proximity to I-84, major arterials and collectors and also the interchange of Kuna-Meridian Road. Do you have any questions? Johnson: Thank you Becky, any questions of Ms. Bowcutt? Alidjani: Any specific use at this time? Bowcutt: The uses I would like Mr. Winston Moore to address the particular uses. Winston Moore, 11665 Thomas Drive, Boise, was sworn by the City Attorney. Moore: The question was as to uses, Mr. Chairman and Commissioners, at this time we don't have a speck use in mind. I have talked about this parcel with over the last couple of years when 1 was debating whether or not to acquire it with the Mayor and others in City Hall as to what they felt the best use of that parcel should be or would be. The information that I have is the City would like to see it developed on a commercial basis, hopefully with shopping which seems to be under built in Meridian now. We are exploring and frankly you have probably heard enough of shopping centers tonight, but we are exploring the possibility of a shopping center there. It depends on the market. My experience in real estate development in the valley is that we don't have the luxury quite often of saying this is exactly what we are going to do with a given piece of property, commercial property until we have gone to the market, talked to the perspective tenants and really evaluated the market. We are in the process of doing that now. We believe that the highest and best use for that parcel based on the growth your good City is having and the availability of a retail facility in the area is probably retail. Whether the tenants will agree with remains to be seen, 1 really don't know. I am further presuming and I have read your zoning ordinance quite thoroughly and it is not clear in my mind if a shopping center is allowed in a C-G zone. If it is not and we determine that the market in fact will support a shopping center then will we come back to you with the appropriate conditional use request or otherwise. It appears to us that the fall back so to speak use of the land in the event it does not become predominantly retail or a shopping center might be things such as a moving picture theater, your community according to the Idaho Statesman, sometimes the accuracy it a little dubious but 35,500 is the number they had in there the other day in an article about the Meridian and to my knowledge and our research shows you do not have a moving picture theater within the City limits of Boise. The nearest one is about 4 1/2 miles away which is Overland and Five Mile. It has been as you are all well aware at least one automobile dealer has felt that intersection and the interchange is a good location for an automobile dealership. Our sincere objective and I heard the guy fro Langly a little • Meridian Planning & Zoning Commission May 9, 1995 Page 31 while ago take a whipping for profit and so on. As trite as it may sound sure we make a living doing this, but our sincere objective will be to create a use for that property, project on that property that will be in the best interest of the community. If it isn't it will fail and we've had some level of success I guess of doing this very thing of researching the market and deciding what is best suited for a piece of property. I am sorry to ramble but my bottom line is I really don't know at this time, but our direction will be towards a shopping center much smaller than the one you just heard. Johnson: Well, it sure took you a long time to say that. But after waiting for so long it is perfectly understandable. Thanks Winston, any questions of Mr. Moore? I jabbed you a little bit there, I bought my first shotgun from you at Inlet Sports at about 1958 I think it was. To tell you how long ago that was it was a Browning A5 and I paid $153.50 fora 3 inch magnum so you know that was a while ago. Anyone else? No interest in that one I will close the public hearing. What would you like to do? Rountree: Mr. Chairman, I move that we have findings of fact and conclusions of law prepared on this agenda item. Hepper: Second Johnson: It is moved and seconded to have findings of fact and conclusions of law prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .65 ACRE TO C-G BY LEEANN LONGSON: Johnson: I will now open the public hearing and invite the applicant or a representative to address the Commission. Lee Longson, 3497 Hull Drive, Eagle, was sworn by the City Attorney. Longson: Mr. Chairman and Commissioners, I have reviewed the comments that were made by the Assistant City Engineer Mr. Bruce Freckleton, and we do not have any problem with complying with these at a future date. He has requested on different issues of that we connect to the sewer, water and make proper access into Fairview Avenue. I would like to clarify just for the records the actual use of the structure that we have there. it is an old farmhouse and we intend on doing very light remodeling which we have basically just kind of cleaned it up a little bit We are going to use it for a small business, very few employees, there will be very few entrances and exits onto Fairivew, probably • h(UB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON n S R CITY OF MERIDIAN ROBERT D. CORRIE ear P.E. City Eng Y D SM TH GA WALT W. MORROW BRUCE D. STUART, Water Works Supt. s t T w 33 EAST IDAHO SHARI STILES ater up . , waste JOHN T. SHAWCROF Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: May 1, 1995 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; W.H. MOORE COMPANY (Request for Annexation & Zoning) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This application is for a piece of land directly adjacent to the west of the Corporate City Limits of the City of Meridian (Ordinance 341 in May 1979). The legal description submitted with the application appears to describe the subject parcel, and meets the requirements of the City of Meridian. 2. The City of Meridian owns and maintains a 10 inch diameter water main approximately 1650 feet east of the subject parcel. This mainline will need to be extended west in Overland road to the westerly boundary of the parcel under consideration. Sanitary Sewer service to the site will be via the existing 15 inch diameter Ten Mile Trunkline near the northeast corner. Any existing domestic wells or septic systems within the parcel will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 4. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C: \W PWIN60\GENERAL\W HMOORE. P&Z OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Englnser BRUCE D. STUAR7, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P A Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomay HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone. (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRI NGTON ROBERT D. CORRIE WALT W. MORROW P b 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 519/95 REQUEST: Annexation and Zoning. of 20 67 acres to C-G BY: W H Moore Comgany LOCATION OF PROPERTY OR PROJECT: North on Overland Road and aP~roximatety 1300 feet west of Highway 69 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT] U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R CLAMATION(P LIM & FINAL PLAT) CITY FILES ~., ` OTHER: YOUR CONCISE REMA S' D APR 2 d 1995 CITY OF 1~IERIDIAN OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 2 Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chlet WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 5< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Mad/ 2 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation and Zoning of 20 67 acres to C-G BY: W H Moore Company LOCATION OF PROPERTY OR PROJECT: North on Overland Road and approximately 1300 feet west of Hiahwav 69 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ % ~ ~ _ ~ (-' OTHER: `7 J YOUR CONCISE REMARKS: ~r r //3-~~ ~i2~~ i.yrGL rVt~t' VIO rtJ2 t APR 1 8 1995 C1,~ Y t)t Mtlii<Utt~. • c~r~c JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: W.H. MOORE COMPANY 8150 EMERALD, SUITE 140 BOISE~y~E~37A4 h~~ FROM: Karen Gallagher, Coordinator Development Services Division May 4, 1995 SUBJECT: MRZ-4-95/ANNEXATION Overland w/o Kuna-Meridian C-2 to C-G Your applications for the above referenced project was acted on by the Commissioners of the Ada County Highway District on . The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Briggs Engineering City of Meridian MA'f 0 8 155 ~;]~r~~Y Ot i~p~Y-tl~rr~, ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ADA~OUNTY HIGHWAY D~RICT Development Services Division Preliminary Report MRZ-4-95/A -Rezone from C-2 to C-G Meridian The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy 69). This development is estimated to generate up to 10,350 additional vehicle trips per day depending on the use. Roads impacted by this development: Overland Road -Minor arterial with no pathway designation shown - Traffic count 5,669 in 1990 ACHD Commission Date -May 3, 1995 ADA~OUNTY HIGHWAY D~TRICT Development Services Division Preliminary Report MRZ-4-95/A -Rezone from C-2 to C-G Meridian The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy 69). This development is estimated to generate up to 10,350 additional vehicle trips per day depending on the use. Roads impacted by this development: Overland Road -Minor arterial with no pathway designation shown - Traffic count 5,669 in 1990 ACRD Commission Date -May 3, 1995 • • Facts and Findings: A. General Information C-2 -Existing zoning C-G -Requested zoning 20.7 -Acres 288 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Overland Road Minor arterial with no pathway designation shown Traffic count 5,669 in 1990 800-feet of frontage 65-feet existing right-of--way (25-feet n/o centerline; 40-feet s/o centerline) 90-feet required right-of--way (45-feet from centerline) Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. B. The applicant states that the property is currently undeveloped. C. Overland Road provides only two travel lanes at the present time. An irrigation canal borders the south edge of the project site (i.e. the north edge of Overland Road). The ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes for each direction plus a center turn lane). This roadway section will require 90 feet of right-of--way. The presence of the canal on the north side of Overland Road will complicate the ultimate design and right-of--way requirements. Two probable alternatives are to relocate the canal north of the future right-of--way line or move the roadway south to avoid the existing canal location. In either case, additional right-of--way will be required. Staff recommends that the applicant coordinate the dedication of additional right-of--way with the District and the appropriate irrigation district. D. Site access restrictions can be anticipated as a site development plan is proposed. The site frontage of 800 feet will allow a maximum of three driveways. Only one or two site driveways may be allowed if a new site roadway is proposed. E. A traffic signal may be required at an entry drive to this development. F. Due to the size of the project site, stub streets should be anticipated if the project site is subdivided. These stub streets will connect the project site to the adjacent parcels. G. Overland Road has a vertical curve east of the project. Sight distance is a major concern in determining driveway locations. Access restrictions can be anticipated to maintain adequate MRZ-4-95 Page 2 sight distances. • • H. Based on development patterns in this area and the resulting traffic generation, staff has a concern that the existing local street system will not be adequate to accommodate additional traffic generated by this proposed development. Depending upon the proposed site plan, a traffic study may be required. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on May 9, 1995. If the rezone is approved and development proceeds, the District will provide the following recommendations to the City of Meridian. Site Specific Requirements: Submit the development site plan to the District for review and comment. A traffic impact study and additional requirements may be imposed based on the plan. 2. A maximum of three site driveways are permitted. Location and design of the driveways shall be approved by ACRD Traffic Services staff. 3. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter, and 5-foot sidewalks. The developer will not be compensated for these improvements. 4. Overland Road shall be constructed to a 65-foot street section with curb, gutter and 5-foot sidewalk. The developer will be responsible for the cost of constructing the five foot sidewalk abutting the parcel. 5. Install a traffic signal, if required by the District, on Overland Road at a location to be determined by ACHD Traffic Services upon review of any proposed development. 6. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20- additional feet). Total right-of--way to be dedicated may vary to take into consideration the existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with ACRD. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit an application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar da,L of MRZ-4-95 Page 3 sight distances. • • H. Based on development patterns in this area and the resulting traffic generation, staff has a concern that the existing local street system will not be adequate to accommodate additional traffic generated by this proposed development. Depending upon the proposed site plan, a traff c study may be required. I. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on May 9, 1995. If the rezone is approved and development proceeds, the District will provide the following recommendations to the City of Meridian. Site Specific Requirements: 1. Submit the development site plan to the District for review and comment. A traffic impact study and additional requirements may be imposed based on the plan. 2. A maximum of three site driveways are permitted. Location and design of the driveways shall be approved by ACHD Traffic Services staff. 3. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter, and 5-foot sidewalks. The developer will not be compensated for these improvements. 4. Overland Road shall be constructed to a 65-foot street section with curb, gutter and 5-foot sidewalk. The developer will be responsible for the cost of constructing the five foot sidewalk abutting the parcel. 5. Install a traffic signal, if required by the District, on Overland Road at a location to be determined by ACRD Traffic Services upon review of any proposed development. 6. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20- additional feet). Total right-of--way to be dedicated may vary to take into consideration the existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with ACRD. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit an application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACRD Ordinance #188. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar davs of MRZ-4-95 Page 3 • the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minimum fee of $110.00. 2. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the city of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 6. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 7. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 8. Submit three sets of street construction plans to the District for review and appropriate action. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Karen Gallagher Harp of Commission Approval: MAY 0 4 1995 MRZ-4-95 Page 4 CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division ~"~'~eturn to: ~1'f HEALTH App ~ ~ ~~~~ ^ Boise DEPARTME/Nj~T, ~ ~( j~~ u ^ Eagle Rezone # /'7 /~N~<.~f~a>/ :~f-~.fJ ~anl i..~ ~ • ~©' r~ ~ C-~(1--~; ^ Garden city Conditional Use # Preliminary /Final /Short Plat Meridian ^ Kuna ^ Acz l~1 • N . rt o a ~t t-- ~ . ©yt-~2~.~r~(~ moo H-~ S~ 6 9 ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type- of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~--7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~entral sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. ~S%U/~1uirF~~~2. /YI/1'Ni9-fr:=/°l~~T" C-!~/7~"Y'/•'f- Date: ~ l ~--11^~ ~,S i~i~(~f`~-7) _ Reviewed By: "~ [DHD 10!91 rcb, rev. I I/93 jll OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enylnaer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GORDON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor r-. _~ r-> LU NgFdlpii ~ M,ERI(',,,^,til TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEI~,~4~~R.(?JECTS WITH THE CITY OF MERH)IiAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, pease submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 2 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST: Annexation and Zoning of 20 67 acres to C-G BY: W H Moore Com,~anv LOCATION OF PROPERTY OR PROJECT: North on Overland Road and aP~roximatelx 1300 feet west of Highway 69 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the annexation'and zoning of the above mentioned property. We will comment at the time the property is developed. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation Des rict .,, ~ ~ p , ~ MAY 0 S 1~~5 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER ~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SNARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chfef W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Pubtic Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW P 62 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, .City Clerk by: May 2~ 1995 TRANSMITTAL DATE: 4117195 HEARING DATE: 5/9/95 REQUEST: Annexation and Zoning of 20 67 acres to C-G BY: W H Moore ComQanx LOCATION OF PROPERTY OR PROJECT: North on Overland Road and aaproximately 1300 feet west of Hiahwav 69 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM NEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: C,I S t,.1~5 ~ 2F,QU.E STS 1[7' F Q.ONT Y >1T t~ ~t 1L~ ~ M~iT1E W T L. NI! E _C~ L I IV , o1~ Nw~~ P~O ft ~~ ''~ V-ltDTr{ DIV otJEl1~ tL~ its. .u APR 2 7 1g~5 C1T1~ ~~ ,~~t~,s~~E~ LJ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION W. H. MOORE COMPANY APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE SE 1/4 OF SECTION 13, T 3N., R. 1W ABUTTING OVERLAND ROAD AND 1,300 FEET WEST OF MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 9, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person and through a representative, Becky Bowcutt, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT A. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for May 9, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 9, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. B. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 1 • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 20.7 acres in size. C. That the property is presently zoned by Ada County as C- 2, Highway Commercial and is not used for any particular purpose at the present time; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial; that no specific uses for the property were presented. D. That the property is south of and adjoins I-84; it is west of C-G property and east of property zoned by Ada County as C- 3 which is used by Mountain view Equipment for farm equipment sales; the property abuts Overland Road and is north of property used for residential purposes. E. That W. H. Moore Company is the Applicant; that Applicant does not own the land and the land is owned by Tower Associates, a partnership, and it has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. F. Ada County Highway District (ACRD) submitted comments and such are incorporated herein as if set forth in full; that ACRD made several site specific requirements, which included that a development site plan should be submitted for review and comment and that a traffic impact study and additional requirements may be imposed based on the plan; that a maximum of three site driveways would be permitted; that Overland Road shall be constructed to a 65-foot street section with curb, gutter and five foot sidewalk; FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 2 • • and that dedication of 45 feet of right-of-way from the centerline of Overland Road was required. G. That Bruce Freckleton, Assistant to the City Engineer, submitted comments; that the application is for a piece of land directly adjacent to the west of the corporate limits of the city; that the legal description submitted appears to describe the parcel and meets the requirements of the City; that the city owns and maintains a 10 inch diameter water mainline approximately 1,650 feet to the east; that this mainline will need to be extended west in Overland Road to the westerly boundary of the parcel; that sanitary sewer service will be via the existing 15 inch diameter Ten Mile Trunkline near the northeast corner; that any domestic wells or septic systems within the parcel will have to be removed; that wells may be used for non-domestic purposes such as landscape irrigation. H. That Planning and Zoning Director, Shari Stiles, may submit comments and they shall be incorporated herein as if set forth in full when submitted. I. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District, and U. S. West; that all such comments are incorporated herein as if set forth in full. J. That Becky Bowcutt stated that Mr. Moore owns 18.5 acres that is annexed and zoned by the City as C-G, that City sewer and water is available, that the application complies with the Meridian Comprehensive Plan, that the land is designated for mixed use under FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 3 • • the Plan which makes is eligible for offices, retail, and other higher uses because of the close proximity to I-84, major arterials and collectors and also the interchange of Kuna-Meridian Road. K. That Winston Moore stated that he did not have a specific use for the property in mind; that he was exploring a shopping center for the property but it depends on the market; that he believes that a retail use would be the most likely; that he was unsure if a shopping center was allowed in the C-G zone; that if it is not allowed and that is what the market desires he would come back to the city for a rezone; and that if retail is not desired it could be a location for a movie theater. L. That there were no other comments by the public regarding this application. M. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. N. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U. S . P . A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 0. That the property can be physically serviced with City water and sewer. P. That the following pertinent statements are made in the Meridian Comprehensive Plan: 1. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. Policies, Page 19 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 4 • • 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. 2. Under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 5 3. • 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously-developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. Under TRANSPORTATION, Page 42 and 72 a. Overland Road east of Linder Road and Meridian Road are listed as Minor Arterials and as Entryway Corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 6 • b. Under COMMUNITY DESIGN, Policies, at Page 73 c. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. d. Policies, (1) 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors., The City shall require, as a condition of development approval, landscaping along all entrance corridors. Q. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." R. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. S. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 7 • • T. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planed Use Development area. U. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (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. V. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 8 • classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." W. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. X. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS A. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. B. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. C. That the Planning and Zoning commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 9 • • Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. D. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. E. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. F. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. G. That the annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. H. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). I. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 10 • • J. That the Applicant stated no proposed use of the property and therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. K. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. L. The Applicant has not stated or represented its intention as to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. M. That it is concluded that the City could annex the property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 11 • • Comprehensive Plan. N. That it is concluded that since the Comprehensive Plan, under LAND USE, Page 28, Mixed-Use Area at Overland Road and I-84, in 5.10, states that all development should be conducted under Planned Unit Development procedures and as conditional uses and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process. 0. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed as a planned commercial development or under the conditional use permit process. P. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 12 • d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. and the requirements of 11-9-606 14., which requires pressurized irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles, if and when they are made. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 13 • • Comprehensive Plan. Q. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; it is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development are better known and therefore as a condition of annexation a development agreement must be entered into prior to issuance of final plat approval. R. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. S. That the requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Director, if given, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 14 i • T. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. U. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement, and it shall only be developed as a commercial planned development or under the conditional use process. V. That these conditions shall run with the land and bind the applicant and its assigns. W. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. X. That if these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 15 • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED__~~ , COMMISSIONER SHEARER VOTED_ ~~~`~!/ COMMISSIONER ALIDJANI VOTED ~"`~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOI~II~IENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant, or assigns, enters into a development agreement prior final plat approval and that the property only be developed as a commercial planned development or under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - MOORE Page 16 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this day of ~ , 1995. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) ~~ APPROVED.~~" ~~ VOTED VOTED. VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - w~~~~ • • Meridian Planning & Zoning Commission June 13, 1995 Page 7 meeting on July 11, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF C-G FOR 20.67 ACRES BY W.H. MOORE: Johnson: Are there any questions, errors, deletions, additions you would like to make to these findings of fact? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission of the Meridian Planning and Zoning Commission recommends to the City Council of the City of Meridian they adopt and approve these findings of fact and conclusions of law. Rountree: Second Johnson: We have a motion and a second to have the City Council or our recommendation to the City Council is to adopt and approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Johnson: Any recommendation you wish to pass onto City Council? Hepper: Mr. Chairman, I move the Meridian 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 conditions set forth in these findings of fact and conclusions of law including that the applicant or assigns enter into a development agreement prior to final plat approval. That the property only be developed as a commercial planned development or under the conditional use process. That if the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into a development agreement that the property shall not be annexed. Rountree: Second Johnson: It is moved. and seconded that we pass a recommendation on as written and stated, all those in favor? Opposed? MOTION CARRIED: All Yea • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 13.1995 APPLICANT: W.H. MOORE AGENDA 1 TEM NUMBER: 7 REQUEST: REQUEST FOR ANNEX~ITION/ZONING OF C-G FOR 20 67 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~~ d~~~, 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: B~Q V'LC "~~ o-ss ~ -~ ~ F Post-it® Fax Note 7671 Date ~ ~„ ,n_ # of ~ ,.., To ~j P _ ~i Q UU LL ,Qpl,1 ~v („ir rJ r..y..,, ~ From A~ Od Co./Dept. Co. Phone # Phone # Fax # q S- ~q~O Fax # All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission May 9, 1995 Page 29 Rountree: Mr. Chairman, I make a motion that we table this item until our next regularly scheduled meeting June 13, 1995. Shearer: Second Johnson: It is moved and seconded that we table this item until our next regularly scheduled meeting on June 13, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.67 ACRES TO C-G BY W.H. MOORE COMPANY: Johnson: I will now open that public hearing and invite the applicant to come forward and address the Commission. Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was sworn by the City Attorney. Bowcutt: This particular item before you this evening is an annexation of property just west of Kuna-Meridian Road and on the north side of Overland. It adjoins I-84. On our west boundary is Mountain View Equipment, to the east of us is an undeveloped parcel currently zoned general commercial or C-G and within the Gity limits. And then adjoining that particular parcel to the east is the Sandman Motel and the JB's Restaurant. This parcel is within Ada County's jurisdiction right now but within your area of impact and contiguous to the City limits. The particular parcel as you can see from this map here is right here is currently zoned C-2. Under Ada County jurisdiction that is a highway commercial zone, it is comparable to your C-G, the fact is that it has a few uses that could be designated as more intensive than what your C-G allows. My client Mr. Moore is purchasing this C-2 parcel which we are annexing and rezoning this evening. He has also purchased this existing C-G piece that is approximately 18.5 acres. So basically our intent is we have a particular parcel of ground that is split between Meridian and Ada County's jurisdiction. They are both zoned commercial, all we want to do is annex this 20.67 acres so that it is consistent with this eastern portion. I have worked on these parcels for about the past 3 years, they were owned by Tower and Associates. They at one time owned the entire comer and they sold this for the Sandman Motel and just recently we came through with a convenient store application and a motel addition for this corner here. The parcel has existing sewer, the intersecter runs along its boundary, it comes across and bores I-84 and runs parallel with the creek and comes out and goes south out to the Elk Run Subdivision and also goes in an easterly direction. City water is also available on Overland Road, it is right here at this point, it is approximately 13 feet to the west from the property • • Meridian Planning & Zoning Commission May 9, 1995 Page 30 line that lies right here. We feel that our application is reasonable, it does comply with the Comprehensive Plan. This is designated as a mixed use area under the Comp Plan which references it eligible for offices, retail, and other higher uses because of the close proximity to I-84, major arterials and collectors and also the interchange of Kuna-Meridian Road. Do you have any questions? Johnson: Thank you Becky, any questions of Ms. Bowcutt? Alidjani: Any specific use at this time? Bowcutt: The uses I would like Mr. Winston Moore to address the particular uses. Winston Moore, 11665 Thomas Drive, Boise, was sworn by the City Attorney. Moore: The question was as to uses, Mr. Chairman and Commissioners, at this time we don't have a specific use in mind. I have talked about this parcel with over the last couple of years when I was debating whether or not to acquire it with the Mayor and others in City Hall as to what they felt the best use of that parcel should be or would be. The information that I have is the City would like to see it developed on a commercial basis, hopefully with shopping which seems to be under built in Meridian now. We are exploring and frankly you have probably heard enough of shopping centers tonight, but we are exploring the possibility of a shopping center there. It depends on the market. My experience in real estate development in the valley is that we don't have the luxury quite often of saying this is exactly what we are going to do with a given piece of property, commercial property until we have gone to the market, talked to the perspective tenants and really evaluated the market. We are in the process of doing that now. We believe that the highest and best use for that parcel based on the growth your good City is having and the availability of a retail facility in the area is probably retail. Whether the tenants will agree with remains to be seen, I really don't know. I am further presuming and I have read your zoning ordinance quite thoroughly and it is not clear in my mind if a shopping center is allowed in a C-G zone. If it is not and we determine that the market in fact will support a shopping center then will we come back to you with the appropriate conditional use request or otherwise. It appears to us that the fall back so to speak use of the land in the event it does not become predominantly retail or a shopping center might be things such as a moving picture theater, your community according to the Idaho Statesman, sometimes the accuracy it a little dubious but 35,500 is the number they had in there the other day in an article about the Meridian and to my knowledge and our research shows you do not have a moving picture theater within the City limits of Boise. The nearest one is about 4 1/2 miles away which is Overland and Five Mile. It has been as you are all well aware at least one automobile dealer has felt that intersection and the interchange is a good location for an automobile dealership. Our sincere objective and I heard the guy fro Langly a little Meridian Planning & Zoning Commission May 9, 1995 Page 31 while ago take a whipping for profit and so on. As trite as it may sound sure we make a living doing this, but our sincere objective will be to create a use for that property, project on that property that will be in the best interest of the community. If it isn't it will fail and we've had some level of success I guess of doing this very thing of researching the market and deciding what is best suited for a piece of property. I am sorry to ramble but my bottom line is I really don't know at this time, but our direction will be towards a shopping center much smaller than the one you just heard. Johnson: Well, it sure took you a long time to say that. But after waiting for so long it is perfectly understandable. Thanks Winston, any questions of Mr. Moore? I jabbed you a little bit there, I bought my first shotgun from you at Inlet Sports at about 1958 I think it was. To tell you how long ago that was it was a Browning A5 and I paid $153.50 fora 3 inch magnum so you know that was a while ago. Anyone else? No interest in that one I will close the public hearing. What would you like to do? Rountree: Mr. Chairman, I move that we have findings of fact and conclusions of law prepared on this agenda item. Hepper: Second Johnson: It is moved and seconded to have findings of fact and conclusions of law prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .65 ACRE TO C-G BY LEEANN LONGSON: Johnson: I will now open the public hearing and invite the applicant or a representative to address the Commission. Lee Longson, 3497 Hull Drive, Eagle, was sworn by the City Attorney. Longson: Mr. Chairman and Commissioners, I have reviewed the comments that were made by the Assistant City Engineer Mr. Bruce Freckleton, and we do not have any problem with complying with these at a future date. He has requested on different issues of that we connect to the sewer, water and make proper access into Fairview Avenue. I would like to clarify just for the records the actual use of the structure that we have there. tt is an old farmhouse and we intend on doing very tight remodeling which we have basically just kind of cleaned it up a little bit. We are going to use it for a small business, very few employees, there will be very few entrances and exits onto Fairivew, probably MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 9.1995 APPLICANT: W.H. MOORE AGENDA I TEM NUMBER: 10 REQUEST: REQUEST FOR ANN~.XATION AND ZONING OF 20.67 ACRES TO C-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. -~ • • CENTRAL •• DISTRICT pR'HEA~TH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID. 83704-0825 • (208) 375.5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMI~~NDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The ,engineers and architects involved with -the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ada /Base Courtly Office WIC Boise • Meridian Elmore County Office Elmore County Office Valby County Olfiee 107 N. Armshong PI. 1606 Robert St. 520 E. 8th Street N. of EmhonmeMal Neagh P.O. Box 1448 Boise, ID. 83704.0825 Boise, ID. 83105 Mountain Home, ID. 190 S. 4th She't E. McCaa, ID. 83638 Enviro. Health: 321-7499 Ph. 334-3355 83641 Ph. 587-4407 Mountain Home, ID. Ph. 634.7194 Famiry Planning: 321-7400 324 Meridian Rd. 83647 Ph. 587.9225 Immun¢atlons: 321.7450 Meridian, ID. 83642 Nutrition: 321.7460 Ph. 888.6525 WIC: 321.7488 MAY 01 '95 01~03PM NAMPA MERIDIAN IRG P.5i7 OFFICIALS • HUB OFTREASURE VALLEY • COUNCIL MEM9ERs ~ RONALD R.TOLBMA WILLIAM D. BERG, Jr., GIIY Clxk A, QOOd PIaOE IO I.IHe MAIL ~ERRINOTON ~ R08ERT D. CORRIE JANIC6 L. OAS4, Cfly Tr00NUrer l CITY OF MERIDIAN WAL' W. ~°""°'" k. Supt. BRUGL D. STuART, Wuer Wor P Li ~OMM166AO,N JOHN T.BNAWCROFT, Wista Wster 8u0t. DENNI6 J. SUMMERS, PsrMS Supt. 33 EAST IDAHO JIM JOHN90N, Cllelnesn MOE ALIOJANI BHARI S. STILES, P 6 E Adrn. MERIDIAN, IDAHO 83642 JIM SNEAKER KENNETH W. ®OWER6, Flro Cnlet W. L. ••BILL" 601100N, Pollee poor Attorney CROOKBTON JR WAVNE A Phone (Z4d) d38~t33 • FAX QO!) 8d7~d13 CHARLIE ROUNTRIiE TtM NEVPER rtmatt (2[18) 98'7-221 I ~ (~" bli W /B k ildi D p ., . , ~ ~ ~~ epo c or s u ng u ~9 -~+ GRAM' p. KINGSFORD q Q ,+~ ~ ~iy0r f GI ~~1~ I~ fy~j'J h1AMPA & MERIf7, ' ,ly ~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVE~',"~lr~~~lRpJECTS WITH THE CITY OF MERIDIAN 1'o insure that your comments and recommendationswill 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: Max ~, 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/9/95 REQUEST; A vexation d Zoning of 20.67 acres t BY: W.H Moore G mP~y - LOCATION OF PROPERTY OR PROJECT:,,. North on Overl nd Road and ggp ti ~ X,1300 feet ~- of HiahYVay 69 JIM JOHNSON, P/Z ~_JUIOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 808 CORRIE, C/C WALT MORROW, C/C MAX YERRINOTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~1AERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ~,„_}1DA COUNTY HIGHWAY DISTRICT ,..~-DA 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 OAS(PRELIM S FINAL PLAY) BUREAU OF RECLAMATION(PREUM bFINAL PLAT) CITY FILES YOUR CONCISE REMARKS: District has no comment of the a eve mentioned axan lrrigacion Dion ~ and' zo>RLfi : . will comment is Bil ~~~~ h1 AY 0 1 195 Cl`~ Y Uf r~1ir:Kli3lft~: MAY 01 '95 13 45 2088886201 PAGE.05 • • ADA COUNTY HIGHWAY DISTRICT Development Services Division Preliminary Report MRZ-4-95/A -Rezone from C-2 to C-G Meridian The applicant is requesting annexation and rezone approval from C-2 to C-G. The 20.7-acre site is located on Overland Road approximately 1/4-mile west of Kuna-Meridian Road (Hwy 69). This development is estimated to generate up to 10,350 additional vehicle trips per day depending on the use. Roads impacted by this development: Overland Road -Minor arterial with no pathway designation shown - Traffic count 5,669 in 1990 Issues to be addressed: 1. Right-of--way requirements 2. Road improvements 3. Access width and location N ~1ii..~ h ~S- 1 ~l'1111tlgASSp. ~ ~ 1I N FCB2nC+.~ R ~ M~~ N INTERS ATE 84 [ ! Rll1M! INi(RCNRNe! 5~tr, C3 C-2 ~~' ,~,~ ~,:I _ ~~~, ;' 1 ~ c ~ ~ ..., 1- qu u•R q RE sw w f t o ~I s • J MRZ495A. W PD ACHD Commission Date -May 3, 1995 Facts and Findings: • A. General Information C-2 -Existing zoning C-G -Requested zoning 20.7 -Acres 288 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District • Overland Road Minor arterial with no pathway designation shown Traffic count 5,669 in 1990 800-feet of frontage 65-feet existing right-of--way (25-feet n/o centerline; 40-feet s/o centerline) 90-feet required right-of--way (45-feet from centerline) Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. B. The applicant states that the property is currently undeveloped. C. Overland Road provides only two travel lanes at the present time. An irrigation canal borders the south edge of the project site (i.e. the north edge of Overland Road). The ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes for each direction plus a center turn lane). This roadway section will require 90 feet of right-of--way. The presence of the canal on the north side of Overland Road will complicate the ultimate design and right-of--way requirements. Two probable alternatives are to relocate the canal north of the future right-of--way line or move the roadway south to avoid the existing canal location. In either case, additional right-of--way will be required. Staff recommends that the applicant coordinate the dedication of additional right-of--way with the District and the appropriate irrigation district. D. Site access restrictions can be anticipated as a site development plan is proposed. The site frontage of 800 feet will allow a maximum of three driveways. Only one or two site driveways may be allowed if a new site roadway is proposed. E. Due to the size of the project site, stub streets should be anticipated if the project site is subdivided. These stub streets will connect the project site to the adjacent parcels. F. Overland Road has a vertical curve east of the project site. Sight distance is a major concern in determining driveway locations. Site access restrictions can be anticipated to maintain adequate site distances. MRZ-4-95 Page 2 G. Based on development. erns in this area and the resulting tra3~ic generation, staff has a concern that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development. Depending upon the proposed site plan, a traffic study may be needed. H. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on May 9, 1995. If the rezone is approved and development proceeds, the District will provide the following recommendations to City. Site Specific Requirements: A maximum of three site driveways are permitted. Location and design of the driveways shall be approved by ACHD Traffic Services staff. 2. Any internal public streets shall be constructed to a 41-foot street section with curb, gutter, and 5-foot sidewalks. The developer will not be compensated for these improvements. Overland Road shall be constructed to a 62-foot street section with curb, gutter and 5-foot sidewalk. The developer will be responsible for the cost of constructing the five foot sidewalk abutting the parcel. 4. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20- additional feet). Total right-of--way to be dedicated may vary to take into consideration the existing right-of--way for the Kennedy Lateral. Coordinate dedication of right-of--way with ACHD. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit an application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar davs of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minimum fee of $110.00. 2. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. MRZ-4-95 Page 3 3. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the city of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 6. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 7. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 8. Submit three sets of street construction plans to the District for review and appropriate action. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Staff Submitting Date of Commission Approval: Karen Gallagher MRZ-4-95 Page 4