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Home My WebLink AboutOlsen Bush No. 2 AZ PPWILLfiAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBmlding Departrnent (208) 887-2211 Motor VehicklDrivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chalnnan TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: March 5, 1996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/72/96 REQUEST: Annexation/zoning/Preliminary Plat for Olson-Busch No 2 Subdivison BY: R-2 Develoument LOCATION OF PROPERTY OR PROJECT: North of Franklin Road, West of Eaale Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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: YOUR CONCISE REMARKS: ED FE B 2 2 1996 ~B OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY OF MERIDIAN • APPLIATION FOR ANNEXATION MERIDIAN ZONING OR REZONE APPROVAL & PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Olson Bush No. 2 SuAdivision (PROPOSED NAME OF SUBDIVISION) Portion of SE1/4, Section 8, T31V,RIE, Meridian, Idaho (GENERAL LOCATION) Attached (LEGAL DESCRIPTION - ATTACH 'LF LENGTHY) R-2 Development 887-7994 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 3084 East Lanark Meridian, ID 83642 (ADDRESS} R-2 Development 887-7994 (APPLICANT) (NAME) (TELEPHONE N0.) 3084 East Lanark Meridian, Idaho 83642 (ADDRESS) David Roylance - Roylance Associates 336-7390 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.} 4619 Emerald, D-2 Boise, IDaho 83706 (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) Industrial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) ~~~lx +/-14 Acres /~~ ~v~ ) ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) ~. • EXHIBIT "A" THE NORTH 600 FEET OF THE FO ROWING DESCRIBED PROPER ORE lF OF THE SOUTHEAST QUARTER PARTICULARLY DENS R BIED AS A ~A~ OF LAND IN THE SOUTH NORTH, RANGE t EAST. BOISE MERIDIAN, ADA COUNTY, IDAHO. M TOWNSHIP 3 NO g 9, 16 AND 17, FOLLOWS: COMMENCING AT THE SECTION CAA COUNTYi, IDAHO; SE~ONS~ ~ OF SAID SECTION 8. A DISTANCE RANGE t EAST. BOISE MERIDIAN. ENCE SOUTH 89 DEGREES 32' WEOF BEGINN NG 3OUTHERLY UN TH TO A POINT: OF 871.18 FEET TO THE REAL POINT THENCE CONTINUING SOUTH,89 DEG2A~EE~S03~~ TD PA p1~IdT~ ~ THENCE NORTH 0 DEGREE 28 WEFT THENCE SOUTH 89 DEGREES 32' W~ST29192. ~ ~~ Ta A POINT: THENCE SOUTH 0 DEGREES 23 53 THENCE NORTH 72 DEGREES 37' WEST t 10.30 FEET TO A POINT: THENCE NORTH 89 DEGREES 14 TO A POINT: THENCE NORTH 740 DEGREES 02' WES 5 29 FEET TO A POINT: THENCE NORTH 3 ~ 1 WEST 753.62 FEET TO A POINT ON ~~OOAO ERLY RIGHT-0F--WAY THENCE NORTH 6 DEGREES 08 3 LINE OF THE OREGON SHORT UNEE,AS~A O G THE SAID R GHT-0F--WAY UNE 1074.86 FEET TO A TI-FENCE SOUTH 89 DEGREES 02 POINT: 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL' POINT OF BEGINNING. THENCE SOUTH • Annexation of R-2 Development Property The subject area for this annexation id an unplatted parcel occupying the west end of East Lanark. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City of Meridian, and develop its property for light industrial uses. The current Ada Gounty zoning for the property is RT Rural Transition. The requested municipal zone designation is f-L Light Industrial for the entire parcel. The property is +/-14 acres and is currently used as pasture land. The applicant requests I-L zoning for the property. The surrounding land-uses are pasture and light industrial. To the north is the Union Pacific Railroad and on the other side of the railroad is the Elixir property which is a light industrial use. To the west is pasture and the school district bus facility and to the south and west is the light industrial. use of YMC and Van Auker. Municipal utilities are currently being planned to be extended to the proximity of the site. Access to the property is provided by East Lanark with Eagle Road (S H 55) being the most proximate major street. Traffic on Eagle Road is expected to expand from 10,000 vehicles in 1990 to 24,800 vehicle trips-per-day by year 2015. The proposed annexation and zoning reflects the intent of the City of Meridian Comprehensive Plan which recommends tight industrial development for this area. . • ! Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 February 20, 1996 Project No. 1677 Legal Description for R2 Development Olsen and Bush Industrial Park No. 2 Preliminary Plat 14.39 Acre Tract A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence along the southerly line of said Section 8 South 89°-32'-00" East a distance of 871.18 feet to a point, thence leaving said southerly North 00°-28'-00" West a distance of 520.14 feet, to the Southwesterly Corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°-02'-00" West a distance of 1015.07 feet to a point; Thence North 06°-O8'-31" West a distance of 604.46 feet to a point on the southerly right-of--way of the Union Pacific Railroad; Thence along said southerly right-of--way South 89°-02'-00" East a distance of 1074.86 feet to the Northwesterly Corner of said Olson and Bush Industrial Park; Thence leaving said southerly right-of--way and along the westerly boundary of said Olson and Bush Industrial Park South 00°-28'-00" East a distance of 600.00 feet to the POINT OF BEGINNING. The above described tract of land contains 14.39 acres, more or less, subject to all existing easements and rights-of--way. This legal was prepared from data of record and not an actual field survey. Prepared By: ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE IDAHO 83706 208 336-7390 FAX 208 336-7391 ~• ~'~ . ~' a~Q~G~~T~E~;~o~~'?~ ~ ~~ O ~~v~ 9rF o F `oP ~Q~ C. W~~ti``aC~- z:lwordtext11677\Iega12.602 r/j~ • i R-2 Development February 15, 1996 Ms. Shari Stiles City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Re: Request for Annexation Dear Shari: The undersigned requests annexation into the City of Meridian for the parcel of land described on the attached legal description. R-2 Development iEMENT On this 15th day of February, 1996, before me, a Notary Public in and for the State, personally appeared Ronald W. Van Auker, who, known to me to be the person whose name is subscribed to the foregoing instrument, did say that he is a partner of the joint venture that executed the foregoing instrument, and acknowledged to me that such joint venture executed the same. My Commission Expires: /l//~ ~~ Date r.~a`O~P J ~ 9~D~'a ,9pe~ ~~ dJ~ o~ ;~ ms a; : °~ ~ o K'. • ~}Aa J 1 ~ p t~ O ~ O ~ e ~a° oa° '~ A~~~oc~'°~~ 9i~0~® State of Idaho } ss: County of Ada ) ~ -~_ E a x~ YY ~ b s t~ ~~t ; p ~ d a i!~ ~cpe a ~s k ~i ~~ F ~~ Y ~ ~ r 0 ~ y 6 6 ie e y bg '~pi~p ~~t ~ 8 8 ~! ;sgC; Yy~ ` ~~ 3 ~ ~ V ~ i i ~ ~*~ 9 ~ ~ r .i 11 Y~~, ~y~: e~ ~ ~ ~~ i ~ y 7~ ire re :~ a + ~~ ~ ~ • 1 Q Q ar Y 2 ~ N F ~ i n~Q a ~ ° ~ a ~: 3~ Q ~ ~ y~ G Y ; I ~ Q ~ ~~ ~ ~ ~~~ ~~~ Z ~ , ~ E } ~ ~I r V I 0 ..~ rewvwvw ray wtir ~~ wnvww u...•.. ~ s F ~ Z ~ z _ ~ 0 t 0 Q J Y ~ _ ~ ~ < ..6 ~ Z ~ _ ' ~ # ~ ° ` 4L AtG ~ ~r fT1•w i • `` i { ~ lIK t ~ p~~tla/~ k ~~ ~~ ~~ a .._.... .r.«~ ~,. ~.. e~$ E! Moow "'r: .. • • • •• • 'DEC id '9d 1108 FP• CITY ME~IAN 208 887 4813 TO 3. 391 P.01/14 ~YISED 2 ~zn ~q(A kE~UES? FC1F1 SUHIaIVISIUN APPROVAL P_RELIMIN RY FLAT ANU/OfI FINAL PLAT PLANNING AND ZONING CGHt1IS8ION TiNI TABLE F~]R ~uBMTssIOrt: A request for prcrlsminary plat appr•aval moat be in the City Clerks pamsgetaian na later tt,an three days following than r~•guler meeting of the Plar,r,ing and Zoning Cammisasion. The Planning and Zoning Gcrmtnis~iori will homer the request at the most}ily mcrtiny iollawin9 the month the request rps made. After- n proposal enters tha proc2se it may be acted upon at 9ub9equent monthly meetings provided tha neCe'sary'' procQdure• and documentation ax•e recrived bQf orQ 5:fo0 P. M. , Thursday following the Planning and Zoning Gommiesion action. GENE a INFO NATION 1. Natne of Anne:tation and Subdivision OGSDNRND i6USN /N~VSTi~/AL. Aq,PjS ~/p•2, 2. G Q n er a 1 L o c a t i o n, fd~cg/ Orc ~E%¢ ~~F-G77y~t1 Q T311~ Je/E/ /~"lE,e/p //f ti/ _/DA/-I~J 3. Uxners of record. l~2 ~EI/EG-Dl°MEIVT Address, 3L' .~ LAA/A~ Zip ~~~ZTelephone X87-?994 ~' i / Nom/ `A7~~`_`._' ~. Applicant,, f~2 D~v~LoP~uEivT- Addreen.3OS F LANA2~ 5. Engineer, ~f,~I~ITJ • •% ~by,~~q~(,J~~' Firm ~'~/D/A ~ /~,,~~ ~~- ~Ya~L~n/cE` ~` A55oG~A7~S Addr~r:a ~/9,E/nEeAG,~ D-Z Zip 37a(oTelephonct ~3~-73Rc~ D/5 E /D ~ f ~~u.9LD Y/~i1Jl~l1K£ie. 6. Ns~m! and address to receive City billings: Name Address gOg~ ,L~ ~ANA2K Telephone Pg7' 7 ARELIMINARY P.L~J'~H~'c'KLIST: 5ubdiJVision Fe~aturre 1. AcrQS ~~ 39 ?.. Number of lots 9 3. Lots per acre . ~v3 9. Dc~n~ity per- acre . ~3 Utl. L •J ~~1 1 1 • ~J•J t 1-. ~_ l 1 ~ Ur 1 il_i ~ 1 U 11 u 1 ~~J•J ~ci i -1c31.~ 1 U JJ~J ~ .~ jL 1 = ''~ 1~. ~~~ L~ 6. If the proposed subdivision i9 ovt>side the Meridian City Limitr~ but ~-ithin the ~UrisdiCtio r~3 mile, xhet ie they existing zoning clessifit:ation ~ /~- 7 D . ose the plat border a potential green belt /~ 8. Have recreational easements been provided #or Nd 9. Are there proposed recr..etional a menities to the City--~-;~~,;- . Estplain 10. Aro there proposed dedications oS common areas? ' / /~O Explain For future prsrkp2 E:cplain ~~// 11. What ~choolts3 service the arse /V~~ , d you propose eny agreements for future school sites Explain rf~/5 ~~ (iG,~il(F"izG'/AG ~ /~7Dll5m/AG 12. Other proposed amenities to the City Hater Supplyf /~1F,e/D//9N ,dire Depertm nt /1'~E2/D//~nJ Other ~J - ..,_. ~~UJEL' , E:t p 1 a i n _ E!(J l~ ~ 7~ ~,~G(~E~ 13. Typl~ a.f [3uilding ( Residential, ~commei cial, Industrial or aombinarion) t~0%>I/YIE,eC~/f~L //itlDl./STQ./~G 14. Type of Uxe113ngS~) Single Family, Duplexes, MultiplexQe, other ~~((//// 15. Prupv~ed Development features: a. Minimum Square f oota®e of lot t s) , ~• D+ACQE b. Minimum square fnatage o~E etructurets) c. Are garages provides for, ,~,,,,•square footage d. Are other coverings provided far N~i¢ e. Landscaping has been provided for ~, Drscribe ,(.,,g,crn ScA~ P/,vim Ate., ,~Ac~ Lol- DEVE'LG'i~g t2) ~ ~!. r f. Trees vili bl~e~~p/ro~v,ided,~/ior y~S . Trees will be maintained /-~ ~/ ~~'"~~5 g. Sprinkler eystemg ere provided for ~/'/`ny]~ ~-"T ~~N~,~S --T h. Are thcrr~t multiple units /V ~i Type. remarks i. Are there aptcial set back requirements I~/O Explain ~- Has off strQQt parking been provided for~/4 Explain s ~A~~ LcT- I~~VE"LoPEs k. Value range of property W_ /V /~ 1. TypE of financing far development_ /V /~ m. ProtectivQ covenants were submitted_ .,,D/ate 16. Daes the propo~eal land lock other property ~vo Uoes it create Enclaves /Vv ~~ STATEMENTS OF' COMPLIANCE: 1. Strc~eta, curbs, gutters and aidrwalka are to bQ constructed tv standards ass required by Ada County Highway District gnd Hvridian t]rdinance. Dimensions will be determint~d by the City Engineer. A11 sideMalk$ rill be five (5) feet in xidth. ~. Proposed use is in conformance ,+ith the City of MQridian CamprehensivQ Plan. 3. Development will connect to City serviaea. 9. Development kill comply with Gity Ordinances. 3. Pr~Qliminary Plat Yill include all appropriate easements. b. artraot neme•a must not conSlia~t rith City grid system. i i t3) • STATEMI~'NT OF DEVEIAPMENT FEATURES IUe developer of this subdivision will provide paved streets vrith curb wad gi~t,er. weta~ licxs, aa~ site draau~e ficilitiea and sanitary sewer. In addition, offiite sewrrr to this area is being pa~ovided by the ~veloper under a sepwte project. s ~ ~F ~ A i . ~ i ~~ $ ,~ ~ ~~ .a..~. R . 1 ~ ~. ~ s p 1~ ~ v 0 1 o~ i R ~°r~ina~ ~.r E C 9 ~ ~ ~ ~ • ~ N Y ~ ~ ~ ~ ., D ti ft ~ ~ ~ e ~ ~ ~ .~ ~ - x % ~ x : • _~~,~~. ~~ ~~ .~. ~~!'!~ ~ .,i~~~ ., ~ , tfii r 1 ~~ N •rr • -- r r r ~~~~~ ~i ~~~~ e • ~~ i ~ ~ ~ ~~ ~ i ~l~ ,~ ~~~ '~~~ ~~ i ra i III I I• N ~f TT /V ~TT /V o ~' m ~ r ~ -~ r ~ ~ ~ ~ ~ m ~ '~ EAGLE RO D ~ ~ n r ~ o ~ ,~ ~ r o d ~ r - ~ a ~ ~ w ~ ~ -< ~ ~ ~ iZ7 ~-- ~ Z O - ~ ~--~ r _,_, 4 .~ u n~~ ~C~ !-' r WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C L G ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHU 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairrnan Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 5, 1996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Annexation/zoning/Preliminary Plat for Olson-Busch No 2 Subdivison BY: R-2 Development LOCATION OF PROPERTY OR PROJECT: North of Franklin Road, West of Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z -GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, 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: t Annexation of R-2 Development Property The subject area for this annexation id an unplatted parcel occupying the west end of East Lanark. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City of Meridian, and develop its property for light industrial uses. The current Ada County zoning for the property is RT Rural Transition. The requested municipal zone designation is t-L Light Industrial for the entire parcel. The property is +/-14 acres and is currently used as pasture land. The applicant requests I-L zoning for the property. The surrounding land-uses are pasture and light industrial. To the north is the Union Pacific Railroad and on the other side of the railroad is the Elixir property which is a fight industrial use. To the west is pasture and the school district bus facility and to the south and west is the light industrial. use of YMC and Van Auker. Municipal utilities are currently being planned to be extended to the proximity of the site. Access to the property is provided by East Lanark with Eagle Road (S H 55) being the most proximate major street. Traffic on Eagle Road is expected to expand from 10,000 vehicles in 1990 to 24,800 vehicle trips-per-day by year 2015. The proposed annexation and zoning reflects the intent of the City of Meridian Comprehensive Plan which recommends light industrial development for this area. ,~. :. ~ •-'DEC 1 d ' 94 11: 08 FP. i. I TY MER 1 D I AN 208 887 4813 TO ~ ~91 P. Ol/14 ~1:VISED 2 ~2n ~q(a FiEDUEST FC1F{ SUHI)IYISIUN APPROVAL P_RI;L~MIN RY 1/LAT AND/OR FINAL PLAT PLANNING AND ZONING COMt1ISyION TIHE TABLE FAR ~~uBMrssIOCI: A request for preliminary plat apF~r•aval moat be in the City Clerks pomaaesian nu later than three days fallowing than regular meeting of the Planning and Zoning Commission. The Planning and Zoning Comtnissian will hoar the request at the monthly mertiny iollarring thq month the request rps made. After n proposal enters the process it may be acted upon ~t 9ub9equent monthly meetsngs provided the n~eesssry'' procedure. and documentation axe recrived be~torQ S:f~O F.M., Thursday Sollo,+in~t the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Anns:{anon and 5uhdivision DGSONRNDBUSH /N~VST7~/~9t- A9~Xi No.2 Z. GQneral Location,T~~C~ OF .SE%¢_ ~~fn7oit/ Q T~3_/~Q/E~ /7IE",e/DI/•1•/V /1~A/~ 3. GxnFrs of record. R2 ~EI/i/'G~DI~MEIVT Address, 3C'E~ •~ 1A~1/I~~-K- . Zip g3(a~LTelephone ~$7 ~~J94 ~ / ~ /~/ / 4. Applicant,._ ~2 D~V~L~I-~MENT" Addreee, 30g F LANA2~ 5. Engs.neer,l~Al~iD • •~ ~6 ~~/D~~ % ~1o~L /~itl~~ ._Firm L~iyc' SSoG/A ~ Addre~=a ~/9,L~/I7E"eAL~ ~- Z .Zip 37o(oTelephona 33~ -73RC~ D/5E /D ~ ~~ugLD Vi9~VI~uK•~. 6. Nem• and address to receive City billingat Name Address ~DB~ .L~ ~ANA,eK Telephone Pg7' 7 ~',ei~/A~v iD ~ v 8'3~~Z PRELIMINARY ~I.AT CHECKLIST: 5ubdiwirion Feeturre 1.. Acres /x:39 ?.. Number of lots 9. 3. Lots per acre .~D3 4. Density per acrQ • X03 • Utl. 1 •~ J~1 1 1 • ~J~J t 1-. ~_ 1 I ~ Ur I iLi ~ 1 U 1 HI J ~~J~J co ~ ~-ld 1.., I U J.~~J ~ .J jl H'. Ic.1~/ j 4 • + • . • • 6. If the proposed raubdivis~.on is outnida tha Maridian City Limits but rithin the ~urirdietio mlle~ xhat is then existing zoning CleesiSication____ ~(/ ~- 7. Dose the. plat border a potential green belt ~~U 8. Nave recreational easements been provided for --Nd ,_.. 9. Are there proposed recrsational amenities to the City--~-;~-~-_ . Estplain ' / 10. ArQ there proposed dedications of common areas? NO Explain F'cr f uturo pnrks~ ? E:cplain ,,~ // 11. What ®chool(g3 service the area N~~ , d you propane eny agre~men~t~ for future school sitQs Explain_rf•~/5 /~ (:GlJ%I~F/zGe/AL ~/~t7DLlS1TL/A/. 12. Other proposed amenities to the City Nater Supply ~lF,e/D/AN ,Fire Depertm nt /~'~E2/D/~lU Other _,_, ~~LUE~ ~ Esc p l a i n /VE"l,~J ~ S~G(>E,~ 13_ Typa of Building (Residential, ~Commerciai, Industrial or combination? ~O%II//'JE,e.[~/AL / AJ !./ T1~./~L 14. Type of DxsllingS~) Single Family, Duplexes, Multiplexes, other ~i((/J// 15. Propv~ed Development features a. Minimum Square f vota®e of lot (s) , ~ ~~ ~+AC~E b. Minimum square footage of etructure~s) G. Are garages provides ior, _~LL=_squ~are iaatage d. Are other coverings provided far /V~i~ e. Landscaping hen been provided for ~- Drscribe ,C.A,cm S~R~ P ~ u~ Ate., ,~',~ c~ Lor DEVE•L~~Eg (2) ., _.,' , ~: f. Trees will be p/ro,~vided,,/f or y~5 . Trees will be maintained /-~! ~'/ ~~'"~~5 /~ 9• Sprinkler systamsa ere provided for -- LOr ~~NLCi~S h. Are thcrre multiply units /V '~ Type. remarks ,,/ i. Are thrrre nptcial set back requiremc+nt$ /~/O Explain ~- Hes off etrQat parking been provided for~/4 Explain S ~A~~ LCT I~EVELoPES k. Value rangt of property N ~~ 1. Typsr of financing far development_ /~//~ m. ProtectivQ covenants were submitted .,,,D//ate 16. Does the propo~eal land lock,, //other property No Does it create Enclaves /Vf~ '~ STATE1fENTS OX' COMPLIANCE t 1. SL7reeta. eurb~s~ gutters and r_rideralks are to bQ constructed to standards am requirerd by Ada County Higtt,+ay District and HQrid3an ClJ'dinance. bimensiona will be determined by the City Engineer. All QideMalks rill be five (5) feet in width. 2. Proposed use is in conformance rich the City of Meridian Comprehensive Plan. 3. Development will connect to City s~arvicee. 9. Development rill comply with City Or•dinanceg. 5. Preliminary Plet will include e11 appropriate easements. b. a~'treot nemea must not conjliat rith City grid system. (3) .- ~ • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Olson Bush lVo. 2 Subdivision (PROPOSED NAME OF SUBDIVISION) Portion of SE1/4, Section 8, T3N,RIE, Meridian, Idaho (GENERAL LOCATION) Attached (LEGAL DESCRIPTION - ATTACH IF LENGTHY) R-2 Development 887-7994 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 3084 East Lanark Meridian, ID 83642 (ADDRESS) R-2 Development 887-7994 (APPLICANT) (NAME) (TELEPHONE N0.) 3084 East Lanark Meridian, Idaho 83642 (ADDRESS) David Roylance - Roylance Associates 336-7390 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 4619 Emerald, D-2 Boise, IDaho 83706 (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) Industrial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) ~~~ +/-14 Acres /~~ ~o~ J ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) r. . ~. ~ ~ EXHIBIT "A" THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS, 8, 9. 16 AND 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY LJNE OF SAID SECTION 8, A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 299.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53" EAST 1280 FEET TO A POINT; THENCE NORTH 72 DEGREES 3T WEST 25250 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST 110.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY IJNE OF THE OREGON SHORT LJNE BRANCH OF THE UNION PACIFlC RAILROAD; THENCE SOUTH 89 DEGREES 02" EAST ALONG THE SAID RIGHT-0F-WAY LJNE 1074.86 FEET TO A POINT; THENCE SOUTH 0 OEQREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. • Annexation of R•2 Development Property The subject area for this annexation id an unplatted parcel occupying the west end of East Lanark. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City of Meridian, and develop its property for light industrial uses. The current Ada County zoning for the property is RT Rural Transition. The requested municipal zone designation is t-L Light Industrial for the entire parcel. The property is +/-14 acres and is currently used as pasture land. The applicant requests i-L zoning for the property. The surrounding land-uses are pasture and light industrial. To the north is the Union Pacific Railroad and on the other side of the railroad is the Elixir property which is a tight industrial use. To the west is pasture and the school district bus facility and to the south and west is the light industrial use of YMC and Van Auker. Municipal utilities are currently being planned to be extended to the proximity of the site. Access to the property is provided by East Lanark with Eagle Road (S H 55) being the mpst proximate major street. Traffic on Eagle Road is expected to expand from 10,000 vehicles in 1990 to 24,800 vehicle trips-per-day by year 2015. The proposed annexation and zoning reflects the intent of the City of Meridian Comprehensive Plan which recommends fight industrial development for this area. C~ Roylance & Associates P.A. • Engineers • Surveyors • Landplanners 4619 Emerald, SuiTe D-2, Boise, Idaho 83706 February 20, 1996 Project No. 1677 Legal Description for R2 Development Olsen and Bush Industrial Park No. 2 Preliminary Plat 14.39 Acre Tract Telephone (208) 336-7390 Fax (208) 336-7391 A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence along the southerly line of said Section 8 South 89°-32'-00" East a distance of 871.18 feet to a point, thence leaving said southerly North 00°-28'-00" West a distance of 520.14 feet, to the Southwesterly Corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°-02'-00" West a distance of 1015.07 feet to a point; Thence North 06°-08'-31" West a distance of 604.46 feet to a point on the southerly right-of--way of the Union Pacific Railroad; Thence along said southerly right-of--way South 89°-02'-00" East a distance of 1074.86 feet to the Northwesterly Corner of said Olson and Bush Industrial Park; Thence leaving said southerly right-of--way and along the westerly boundary of said Olson and Bush Industrial Park South 00°-28'-00" East a distance of 600.00 feet to the POINT OF BEGINNING. The above described tract of land contains 14.39 acres, more or less, subject to all existing easements and rights-of--way. This legal was prepared from data of record and not an actual field survey. Prepared By: z:lwordtext\ 167711ega12.602 ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE IDAHO 83706 208 336-7390 FAX 208 336-7391 ~/a ~ /j ~' R-2 Development February 15, 1996 Ms. Shari Stiles City of Meridian 33 E. Idaho Avenue Meridian, fD 83642 Re: Request far Annexation Dear Shari: 'T'he undersigned requests annexation into the City of Meridian for the parcel of land described on the attached legal description. R-2 Development ENT Qn this 15th day of February, 1996, before me, a Notary Public in and for the State, personally appeared Ronald W. Van Auker, who, known to me to be the person whose name is subscribed to the foregoing instrument, did say that he is a partner of the joint venture that execu#ed the foregoing instrument, and acknowledged to me that such joint venture executed the same. My Commission Expires: ~~/^ ~~ Date ©®®®Y~a,,aoRe as goDBoo 0 o ~ o T9 °~~K,'°. ~?~, ~ rn = ~~ m A a. 1 v ~p 1 o~a~'®°Oe®sao°°O - e,,,,_ F ID A~_: State of Idaho } ss: County of Ada ) ~ ~ Agreement to Post Notices on Property As the owner of the Olsen Bush property, I agree to post the property or allow the property to be posted in accordance to the City of Meridian requirements, one week before any public hearing regarding the annexation and zoning of the property. Owner --~- Date +'1. - I 11I `• J EXHIBIT "A" • THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS. 8, 9, 16 AND 17, TOWNSHIP 3 NORTH. RANGE 1 EAST, BOISE MERIDIAN, AOA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY IJNE OF SAID SECTION 8. A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 2,99.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53' EAST 12.80 FEET TO A POINT; THENCE NORTH 72 DEGREES 37' WEST 252.50 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST 110.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY LINE OF THE OREGON SHORT LINE BRANCH OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 89 DEGREES 02' EAST ALONG THE SAID RIGHT-0F-WAY LINE 1074.86 FEET TO A POINT; THENCE SOUTH 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. a r' ~ ~ J. v~ ` , ~:. ,, B01~ E WARRANTY DEED PIONEER TITS ~' ~`t RLG 15 -~ .. 2 lCf 1 00 This indenture made this /J ~aX.`,._~f_ August,~.~-~-934, RECOr,i;~:. , . ~ ,~:4u:ST OF between CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and DAVID C. BUSH and NORMA T. BUSH, husband and wife, the "Grantors" and R-2 DEVELOPMENT, INC., an Idaho corporation, the "Grantee" whose mailing address is 4414 S. Gekeler Lane, Boise, Idaho 83705. WITNESSETH: For valuable consideration the Grantors do hereby grant and convey to the Grantee the following described real property situate in the County of Ada, State of Idaho, to wit: "DESCRIBED ON ATTACHED EXHIBIT A." TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining (collectively the "Premises"); SUBJECT TO: 1. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the Premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in state deeds or in Acts authorizing the issuance thereof; (c) water rights, WARRANTY DEED - 1 • claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. General taxes for the year 1994. 5. Liens and assessments of the Nampa Meridian Irrigation District and the rights and powers thereof as provided by law. 6. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: construction operation, maintenance and repair of drain ditch. In favor of: Nampa Meridian Irrigation District (343-1884). Recorded: March 28, 1947. Filed in: Book 20 of Miscellaneous Records at page 192, Records of Ada County, Idaho. 7. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: power line easement. Granted by: S.L. Hughell and Mary. In favor of: Idaho Power Company. Recorded: May 26, 1950. Instrument No.: 302098. 8. Right-of-way, interest and easement which may exist for the Snyder Lateral. 9. That certain Deed of Trust dated August ~~, 1994 executed by R-2 Development, Inc., an Idaho corporation, as Grantor, to Pioneer Title Company of Ada County, as Trustee, for the benefit of Cecil E. Olson and Kjerstie A. Olson, husband and wife, and David C. Bush and Norma T. Bush, husband and wife, which was recorded in Ada County, Idaho on August ~, 1994 . TO HAVE AND TO HOLD the said Premises unto the Grantee and its successors and assigns forever. WARRANTY DEED - 2 ,. • ~ • The Grantors covenant with the Grantee, its successors and assigns, that Grantee shall enjoy the quiet and peaceful possession of said Premises; that the Grantors are lawfully seized of said Premises in fee simple; and the Grantors warrant that the title to said Premises is merchantable and is free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee. IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantors as of the day and year herein first above written. CECIL E. OLSON ERSTIE A. OLSON By ~.~~-i~~ David C. Bush Their Attorney in Fact /y~ DAVID C. BUSH NO T. USH WARRANTY DEED - 3 ' '". ~. • STATE OF IDAHO ) ss. County of Ada ) On this _ ~ day of August, 1994, before me, the undersigned, a notary public in and for said state, personally appeared DAVID C. BUSH, known or identified to me to be the person whose name is subscribed to the foregoing instrument as the attorney in fact of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and acknowledged to me that he subscribed the names of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, thereto as principal, and his own name as attorney in fact. -- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. t _~~ _ _ .' k _ Not Public or Idaho - ~• ,. Res ing at ~' ,'•. ~X~ ~. ~ ~ My commission expires: ~-/7-99 _f. .. . \ S TATS ~ ~ OF ''IDAHO ) ss. County of Ada ) S.,ef 0 ~ th}..~/ ~.S , day of August, 1994, before me, ~~j o-s"~~ a Notary Public in and for said State, personally appeared DAVID C. BUSH and NORMA T. BUSH, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixedYmy official seal the day and year in this certificate first„ab~oye written. _. ,:~ ' J~ `~ = _• ' ~ = Not Public for daho . t~ • ~.. ~ ;'~ ' ` Re ing at ~„~o~s~ Idaho ..., ~ ~ My commission expires 3 _/7 , 19`~~ WARRANTY DEED - 4 . ~ • EXHIBIT "A" THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS, 8, 9, 16 AND 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 8, A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 299.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53" EAST 12.80 FEET TO A POINT; THENCE NORTH 72 DEGREES 37' WEST 252.50 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST t 10.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY LINE OF THE OREGON SHORT LINE BRANCH OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 89 DEGREES 02" EAST ALONG THE SAID RIGHT-0F-WAY LINE 1074.86 FEET TO A POINT; THENCE SOUTH 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. • 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 May 7, 1996, for the purpose of reviewing and considering the Application of R-2 Development, for annexation and zoning of approximately 14.72 of land located in a portion of the SE 1 /4, Section 8, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located North of Franklin Road, West of Eagle Road. The Application requests annexation with zoning of i-L, Light Industrial. Further Applicant requests Preliminary Ptat approval of the parcel of land above described for 7 Light Industrial lots for Olson Busch No. 2 Subdivision. 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 18th day of April, 1996. LLIAM G. BERG, JR., LERK e ~~ ~ A ~ ~ ! .~..~.~. -+-• ~illl i :~I~I~ > ~ I II I I ~~~~~~~ 1~ Z i ~. r ~ JJ '~7 f f f f f r M M • ~ ~~ ~ ~a~ ~ ~! ~~ ~ ~~ ~ ~ C :y ~~ s A ~ 9 ~ ~ ~ ~_ ~ ~~ s ~ 3! ~ ~ ~ ~~ ; R ~ ~- ^ ^ !+ Y a ~ E ; mi ,a.~. l! •I ~ $ ~~~ ~~Lr w : ° ~ ~ + a.o.w a s a ~ a ' ~ ~~ 8 0 ..ew.~ «~r Z ~ 9 ~ ~ ~ o ~ M ~ ~~ 1! x b x x 1!" x ~ ~ WALI~ NO ATE MoYO~R I~Wa YAIW~~ \ r~A~ R~~~ IIONIILP VAMMIi~ ~~~ Landowners within 300 Feet of Olson Bush II Witiiam and Helene Curtis ~ 2630 Franklin Meridian, ID 83642 Tax #S1108438470 #S1108438460 Great Western Chemical 808 SW 15th l/ Portland, OR 97205 #S1108428105 Alum-a-Form C/0 Elixir Industries 17905 S. Broadway Gardena, CA 90642 #S1108417710 McCa11 Properties Inc. ~ 808 SW 15th Portland, OR 97205 #S1108428200 Ronald and Linda Yanke / 2975 Lanark Meridian, iD 83642 #86510580110 #86510580120 #86510580050 #86510580060 Allen and Dianne Centers [~/ 3770 S. Linder Road Meridian, tD 83642 #86510580040 Micheal Murasko ~ 501 Cottonwood Street Vacaville, CA 94588 #S1108449224 • • Page Two Glenn Green / 3070 E. Franklin Road Meridian, ID 83642 #S1108449320 James .and Mildred Barham 2950 E. Frankiin Road Meridian, ID 83642 #S1108449090 Gerald and JoAnn Christy v 2810 E. Franklin Road Meridian, ID 83642 #S 1108449000 Guy and Lori Valentine ~ 2770 E. Franklin Meridian, ID 83642 #S1108438545 Dale and Vivian Fletcher (/ 2730 E. Franklin Meridian, ID 83642 #S1108438530 Carl and Margaret Schebly ~- 269D E. Franklin Road Meridian, Id 83642 #S1108438510 George Tonkin ~ 266D E. Franklin Meridian, ID 83642 #S1108438490 • s STATEIK~:NT OF DEVEIAPMENT FEATURES The developer of this subdivision Will provide paved streets With curb sad g~Ler, Water Lines, oai site drainage ficilitia and sanitary sewer. In addition. offiite sewn to this area is beir~ provided by the developer under a separate p~ojed. • 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 March 12, 1996, for the purpose of reviewing and considering the Application of R-2 Development, for annexation and zoning of approximately 14.72 of land located in a portion of the SE 1 /4, Section 8, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located North of Franklin Road, West of Eagle Road. The Application requests annexation with zoning of I-L, Light Industrial. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 7 Light Industrial lots for Olson Busch No. 2 Subdivision. 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 22nd day of February, 1996. ~, ~.._... WILLIAM G. BERG, J , CI CLERK Y ~-~ F xs~ ~ s _' ^ ~ is 3~Q ~ ~ ~ ? ! ~r • v~ 6 = §~ ~~ at•si +- ~_ ~~~ z Li'~~:``~a~ iLi~ Q _ .. .. . a~ • ~~ ~~i a o ~-o 4~4 a~~ ~~ „3~ s d~~ ~ ~~~~~~~ ~~~ z '' ~ Ililft r 0 • • ..~ ...... avoa a~ova rrwwww fAr~r y~~ .Y/r ~/~ WT.Y ". ~. ~. f ~ i ~ ~ i o i ~ a = J # a o ~ ~ ~ w z ~ ~ # ° ~ --~ ~ ~~ ~, ,; ~~ <~ ~~ u,,,.,,...'...'s.".,,,. . ,~,. ~~~~~ ~~ ~ , ~ ~~ ~~~~~~ Dlsa/, /J~~ 8~~~~~ -: 7 / .; - v~~ !}! ~oa~l~~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR - - - BROADWAY PLACE SUBDIVISION . THiS GECLARATION, made this ~ day of September, 1988, by RONALD V11. VAN AUK~R, a married man dealing with his sole and separate property (herea per 'Decla, ant's; W,ITN ESSETH: . WHcR~AS, the above-named parties designated as the Declarant are the owners of all of the land comprising Broadway Place Subdivision, a subdivision in Ada County, Idaho, more particularly described as follows: Lots 1 through and including 4 of Block 1, and Lots 1 and 2 (except the . northerly 294.13 feet of said Lot 2) of Block 2, BROADWAY PLACE . ~_~ SUBDIVISION, according to the official plat thereof, filed in Book 55 of Plats at Pages 5009 and 5010, records of Ada County, Idaho (hereafter "Subject Property"); and WHEREAS, the Declarant has deemed it desirable for the preservation of the value, desirability and attractiveness of the Subject Prcperty to create an industrial subdivision of high quality, design and construction and therefore makes this Declaration of Covenants, Conditions and Restrictions with respect to the Subject Property. NOW, THEREFOR, the Declarant hereby declares that all of the Subject Property shall be held, sold and conveyed subject to the covenants, conditions and restrictions herein contained that are for the purpose of protecting the value and -" desirability of, and which shall run with, the Subject Property and- be binding on ~- all parties having any right, title or interest in the .Subject Property, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. D=CL~:;A i ION O~ COV=HANTS, C'DNDI ; ICES AID =,_~ i RI~; i 1Ji~S - 1 f • C3~'7 r: '052 ARTICLE I. - DEFINITIONS Section 1.01. Architectural Control Committee. As used herein, `Architectural Control Committee" or 'Committee' shall mean the duty appointed and acting persons designated in Article III of this Declaration. Section 1.02. Dscfarant. As used herein, 'Declaran'--' shall mean and refer to the parties designated above and who sign this Declaration, their successors and assigns. Section 1.03. Lot. As used herein, 'Lot' shall refer to any plot of land, together with the improvements constructed thereon, shown upon a recorded subdivision plat of al! or any portion of the Subject Property. Section 1.04. Owner. As used herein, 'Owner' shall mean the party or parties :. having any estate in any Lot which is part of the Subject Property, in fee •or by contract of sale, excluding any person or entity who holds such interest merely as "security for the payment or performance of an obligation, but including any mortgagee, benet;ciay under deed of trust or other security holder in actual possession of an Lot, as a result of foreclosure or othewse, and any person taking title through such security holder, by purchase at foreclosure sale or otherwise. ARTICLE 11. USE AND Ri=GULATION OF USES Section 2.01. Use. (a) Each Lot (and the improvements constructed thereon) within the Subject Property shall be used for industrial/commercial purposes __ only, in accordance with applicable zoning ordinances, on an ownership, rental or lease basis. (b) No Lot shall be used for any purpose which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise. (c) The exterior walls of all buildings shall be of masonry construction, its equivalent or b~ per. No all-metal buildings sh~fl be permitted. D= L=.= ~i"ION 0= COV=N.~N i S, V'v~~Ji ~ 10 ~v l1:\~ :"5~v i -~iv !~.~ii\~ - ~ ` .• (d) No loading dock shall be constructed facing on any public street .. unless such loading dock and every part thereof is at least one hundred feet (100') inside the right-of-way fine of the street on which such loading dock fronts. (e) Outdoor storage yards shall be screened from public view from public streets within the Subject Property and shall be placed so as to conform with the setback requirements ~ set forth in subsection (i), below. (e) Owners of Lots shall not permit their employees or tenants to regularly park during normal business hours on public streets within - the Subject Property. It will be the responsib':Iity of each Owner, his successors and assigns, or other persons holding under him, to provide adequate off-street parking for employees and visitors within the property tines of his Lot. All such parking areas and the access(es) thereto shall be covered with asphalt or similar paved surface. (f) The ratio of building coverage to total area within a Lot shall, in no.case, exceed forty percent (40°.0). (g) No building shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location _ of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any Lot nearer to any street then the minimum building setback (ine. (h) No waste shall be committed on any Lot or to the exterior of any structure on a Lot. (i) All Lots, whether ~ occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such a manner as to prevent them from becoming unsightly by reason of unattractive growth on such Lot or the accumulation of garbage or debris " thereon and to prevent.the occurrence of any health hazard. (j) No building shall be constructed on any Lot nearer than fi;- feet (~0') from the right-of-~vay line of any street within the subdivision abutting the Lot. Minimum sideyard setbacks shall be twenty feet (2Q') from the side Lot line. In the event that more than one Lot • _o~ o~~~a~sa ,~ shall be owned by one Owner and in the improvement of such Lot, or the expansion of existing improvements, a building shall be " erected on more. than one Lot, the side fine setback requirement on the interior line or lines shall be waived. (k) All signs proposed to be placed within the Subject Property shill be su5ject to the approval of the Architectural Control Committee, and no signs shall be permitted except those .advertising or relating to the business or industry located upon the Lot. ARTICLE III. - ~ ARCHfTECTURAL CONTROL CO1~1M1irr =- Section 3.01. (a) The Architectural Control Committee shall be composed of the following persons: Ronald W. Van Auker Jeffrey Hull, A.LA. Harry Ward In the event of the death or resignation of any member of the Committee, the remaining members shall have the full authority to designate a successor. The members of the Committee shall not be entitled to any compensation for services performed in connection with their responsibilities. (b) Prior to commencing any work or building requiring approval of the Committee, there shall be delivered to the Committee one complete set of plans and specifications for any and all proposed structures and improvements and no work or construction shall commence until the final plans, elevations and specifications therefor have received written approval by the Committee. Such plans shall also include a plot plan showing the location on the Lot of the building(s), fence, wall or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material and color schemes for the roofs and exteriors thereof and a proposed landscape clan. The Comrnittes shall approve or details within thirty (30) days fir notiry the person submitting them disc?prove. plans, specifcations or om she receipt thereof, or shall that. an additional period of time, J=C!-.~.=. i ION 0= CC`/=!~'A-~r-TS • ~ ~~.o~ ; o~~s not to exceed fifteen (15) days is required for such approval or disapproval. A majority of the then appointing and acting members of the Committee shall control. Plans, specifications and details not approved or disapproved within the ,time limits provided herein shall be deemed approved as submitted. The approval of plans, specifications and details by the Committee does not relieve the Owner of the necessity of ob-aining the required building permit(s) and o±her aaprovz!s from those governmental entities having jurisdiction and control over the Subject Property. Notwithstanding the approval by the Committee, each Gwner submitting such plans, specifcations and de-ails shall be solely responsible for the sufi~iciency thereof. Neither the Declarant nor the members of the Committee shall be liable for any Ices or dam2ge or claim thereof arising from any defect or alleged defect in such plans or specifications or the construction or use thereof. (c) The Committee may authorize variances from compliance with the requirements of this Declaration when, in the sole discretion of the • ' Committee, circumstances such as topography, natural obstructions, aesthetics, environmental considerations, or economic or other hardship may so justify. A variance mist be evidenced in a writing signed by at least two (2) members of the Committee. If a variance is granted as provided herein, no violation of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. ARTICLE IV. G=NERA! Pr~OVISIONS Section 4.01. Enforcement . The Declarant or any Owner shall have the right to enforce, by any proceedings . at law or in equity, all covenants, conditions and restrictions herein contained or hereafter imposed by amendment to this Declaration. If suit is filed to enforce any of the covenants, conditions and restrictions contained in this Declaration, including any amendments hereafter adopted, the pa pies succeeding in suc!~ suit shall be entitled to a~f~2rded reasonable attorneys' fee s in addition to other costs and disbursema~ is allowed by law. Section 4.C2. Sevsr?bility. Invalidation of any one of the covenants, conditions or restrictions contained in this Declaration by a Judgment or a Court i u ~./ . . ~./. ~ v • ®~..Cf~ t w~~~0 Order shall not affect any other provisions contained herein, all of which shall remain in full force and effect. -Section 4.03. Term/Amendments. The covenants, conditions and restrictions _ contained in this Declaration shall run with and shall bind the Subject Property for a term of twenty-live (25) years from the date this Declaration is recorded, after which time they shall automatically be extended for successive periods of ten (10) years each. This Declara`~ion may be amended by an instrument signed by the Owners of not less than fifty-one percent (5? °o) of tine Lots within the Subje ?rope+:y. Any amendment shall be recorded in tans ofics of the Ad= Cour~~ recorder. Section 4.04. Non-1h'aiver. The failure of the Declarant or Owner in any one or more instances to insist upon the strict performance of any of the revenants, conditions or rest rictions of this Declaration, or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall net be construed as a waiver or relinquishment for the future of such covenant, condition or restriction, but such covenant, condition or restriction shat! remain in full force and effect. SeCtlOn 4.Oj. ACCeOtanCe. B2Ch grantee of a conveyance or purchaser under contract or agreement of sale, by accepting a deed or a contract of sale or agreement of purchase, accepts the same subject to all of the covenants, conditions and restrictions set forth in this Declaration and agrees to be bound by the same. Ssction 4.Oti. Sewer Requirement. All Lots within the Subject Proae~:y shall be subject to and be restricted by the fiollowing: (a) No Lot may be used or occupied for the purposes allowed unless the Lot is connected to the Boise City Public Sewer System, provided that said system is available for usage. __ (b) All sewer and treatment plant connection fees must be paid at the time of connection in accordance with the ordinances and laws of Boise City. (c) A monthly sewer charge shall be paid to Boise City, or its designee, after connection to the Boise City Public Sewer System in accordance with the ordinances and laws of i3oise City. (d) Bach owner of a Lot shall allow inspection theregf by either the Boise Ciry Deparment of Fubiic N1or1<s or the Boise City Building Department whenever a Lot is to be connected to the sewerage disposal system constructed and installed on or within said Lot. ~..^ ~' -ION 0= COV=Nfi!~ ; S • ~ ~~~~ i ~~v~~'~ (e) The Declarant and each owner of a lot hereby authorizes Boise • • City, or its designee, to bring any action it deems .necessary • • against the party liable therefor for the collection of any fees or charges due Boise City for sewer service connection or monthly sewer charges and/or to otherwise enforce any of the obligations contained in this Section 4.05. IN WITNESS V1r'HEnEOi= the undersigned parries, comprising the Declarant, have caused ti<tiis Declaration to be executed as of the date year first above K~ritten. ' . , ~~ / ~~ G y~¢NA! D W. VAN AUKE,9 /,~ STATE Or IDAHO ) ss: .. County of Ada ) ' ~ On this • ~ day of a ~ ~ 1988, before me, the undersigned, a Notary Public. in and for said State, personally appeared BONA! D W. VAN AUIC=R, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. • • • • • .' IN WITNESS WHEREOF, I have hereunto set my hand and a fixed ;h'?y 'of tcial seal the day and year in this certificate first above written. ~ "= ,•. . •-. ... / '.:. Notary Public for Idaho , : • . ' % j ' : ~ . Residing at Boise, Idaho •/'''J - ,,,, •,' .~ • . My Commission Expires: ~J•/~/. ' ~~ :~ ~'~ ` • (S~~) ` ....... lloe Co::n;y, i3atc rs • • Rtc,~xi o? T,~~t~ ~~ R-2 Development, Inc. 3084 East Lanark Meridian, ID 83642 887-7994 May 21, 1996 Mayor and City Council Members Hand Delivered. c/o Mr. William G. Berg City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Dear Mr. Mayor and Members of the Council: RECEIVED MAY 2 2 1996 CITY OF ~IERIDUN I have discussed and reviewed the annexation and zoning conditions adopted by the City of Meridian with the owners of R-2 Development, Inc., Mr. Ron Yanke and Mr. Ronald W. Van Auker and we find it necessary to ask you to appeal your decision to attach a conditional use permit requirement on the annexation and zoning of Olson Bush Industrial Park No. II. Your approval of the annexation and zoning took place on May 7, 1996 at which time you adopted the Findings of Fact and Conclusions of Law which were prepared by Mr. Wayne Crookston. The Finding of Fact and Conclusions of Law for the Olson Bush Industrial Park No. II are in error and misclassify the Land Use for the property as designated by the Meridian Comprehensive Plan which has caused the conclusions drawn to be incorrect and not in conformance with the comprehensive plan. It is very clear from the Finding of Fact and Conclusions of Law and Mr. Crookston's comments at the City Council meeting that the location of the subject property was not properly identified and the findings and conclusions prepared by Mr. Crookston were based on the wrong property. The subject property is at the west end of East Lanark Street which connects to Eagle Road. The subject property and all contiguous properties are designated by the Comprehensive Plan as Light Industrial. This Light Industrial designation also applies to the residences which front to Franklin Road. It is interesting to note that three of the residential properties which front to Franklin Road have applied for annexation and commercial zoning. Olson Bush II is not contiguous to any current or proposed residential uses and in fact within the area bordered by Eagle Road on the east, Franklin Road on the south, Locust Grove on the west and Pine Street on the north there are a total of 11 residential uses, three of which have applied for commercial zoning. Considering that this area includes approximately 325 acres, the total density of residential in this area c: • Page Two May 21, 1996 is 1 residence per 30 acres. Olson Bush II is in harmony with the Comprehensive Plan of the City of Meridian and has minimal impact on current residential uses and zero impact on any area currently designated by the Comprehensive Plan for residential development. The Comprehensive Plan of the City of Meridian states that industrial development should be encouraged (Land Use 3.5) by the City of Meridian and receive the highest priority (Land Use 3.1). Requiring a conditional use permit on each and every building developed within an industrial development is neither encouraging industrial development nor giving it highest priority. The Economic Development Goal Statement on page 18 of the Comprehensive Plan further states that every effort should be made by the City of Meridian to encourage industrial enterprises to locate in Meridian (1.1) and areas are to be set aside where industrial interest and activities are to dominate (1.2). Olson Bush Subdivision No. 2 is in an area which has been set aside for industrial interest and activity to dominate. This exact issue of requiring a conditional use permit for permitted uses was debated in length at a public hearing held by the City Council of Meridian on August 6, 1994. (A copy of the Finding of Fact and Conclusions of Law regarding the hearing is attached.) The public hearing was held to consider whether or not a conditional use permit requirement should be a condition of the annexation and zoning for 172 acres of land on and around Eagle Road and Franklin Road. One of the properties included in this annexation and zoning was Porky Park. The City Council of Meridian concluded as a result of this August 6, 1994 public hearing, "that some means needs to be required so that the City can insure that uses in the area are clean, quiet and free from hazardous or objectionable elements and are in harmony with the residential uses in the area; that the Zoning Ordinance, as amended, will likely require that uses in the Light Industrial zone be clean, quiet and free of hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be reauired as a condition of annexation and zoning; that if the Applicant agrees to have all development meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later, the property should be annexed and zoned as requested." (underline added) Eliminating the conditional use permit requirement does not allow a developer to build without accountability. In the building permit process, six sets of building plans are submitted to the City of Meridian and the plans are reviewed by the city staff which includes both the Planning and Zoning Department and the Public Works Department, along with the Fire Marshall and other applicable agencies and departments. • • Page Three May 21, 1996 This review of the building plans allows the staff to insure that the proposed building fully complies with the zoning ordinance and building code. It is almost always the ease that the building plans are red-lined and returned to the developer for modifications. As the developers of the property, we agree to comply with the current zoning ordinance and the amended zoning ordinance which has yet to be adopted. It is our objective to be a positive partner with the City of Meridian in the development of industrial and commercial uses. We respectfully request that the City Council of Meridian reconsider the requirement that the development within Olson Bush Subdivision No. 2 be subject to the conditional use permit process. It is our hope and request that the City of Meridian will place the Olson Bush Subdivision No. II on the June 4, 1996 agenda and approve the annexation and zoning of Olson Bush Subdivision No. II without the conditional use permit requirement. Thank you for your consideration on this matter and please notify me of the hearing date. Sincerely, ~ ~CC ~--~ ~~ Bradley E. Miller for R-2 Development, Inc. ~ r MERIDIAN CITY COUNCIL MEETING: JUNE 18.1996 APPLICANT: ITEM NUMBER; 4 REQUEST:AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR OLSON BUSH N0.2 SUBDIVISION BY R-2 DEVELOPMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS i~ ~~~~ ~ ~~~Y~J f~ ° L~' ~,, ~U~ e ~~P All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor M E M O R A N D U M COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY ~~e;~IVE~ J DATE: June 17, 1996 TO: Mayor Robert D. Corrie and Meridian City Council FROM: Wayne G. Crookston, Jr. ~~,,~'' ~ ~ ~ RE: R-2 Development --Olson and Bush Industrial Par Findings of Fact and Conclusions of Law Attached are two (2) sets of Findings of Fact and Conclusions of Law for R-2 Development -Olson and Bush Industrial Park. Even though the City Council voted not to require conditional uses, the Comprehensive Plan does require conditional uses. Please review the set of Findings marked "Conditional Use Required" and Conclusions number 13 & 14. What I am suggesting is for you to reconsider the conditional use requirement because the Comprehensive Plan does require a conditional use. • R-2 Development, Inc. 3084 East Lanark Meridian, ID 83642 887-7994 ~EcE~vED, ~tdY ~ 1 199 CIITY DF MERIDIAPv May 21, 1996 Mayor and City Council Members c/o Mr. William G. Berg City Of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Hand Delivered and Sent via Fax. Re: Olson and Bush Industrial Park No. 2 Annexation -Ordinance #731 Dear Mr. Mayor and Members of the City Council: We request that Item #5 of tonight's City Council Agenda be tabled pending a forthcoming request that the Meridian City Council reconsider the conditional use permit requirement which has been imposed for this development. Thank you for your consideration. Sincerely, ,~~ , . Bradley E. Miller for R-2 Development, Inc. Ro lance & Associ~es P.A. Y "~Er ;yineers • Surveyors • Lanclirer.~ 4619 Emeruld, Suite D-2, Boise, Idaho 83706 October 15, 1996 Project No. 1677 Legal Description for R2 Development Annexation of Olsen and Bush Industrial Park No. 2 18.12 Acre Tract Telephone (208) 336-7390 Fax (208) 336-73:1 A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence along the southerly line of said Section 8 South 89°-32'-00" East a distance of 871.18 feet to a point, thence leaving said southerly line North 00°-28'-00" West a distance of 520.14 feet, to the Southwesterly Corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°-02'-00" West a distance of 1015.07 feet to a point; Thence North 06°-OS'-31" West a distance of 755.62 feet to a point on the nortlerly right-of--way of the Union Pacific Railroad; Thence along said northerly right-of--way South 89°-02'-00" East a distance of 1089.81 feet to a point; Thence leaving said northerly right-of--way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 00°-28'-OG" East. a distance of 750.05 feet to the POINT OF BEGINNING. The above described tract of land contains 18.12 acres, more or less, subject to ail existing easements and rights-of--way. This legal was prepared from data of record and not an actual field survey. Prepared By: ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE IDAHO 83706 208 336-7390 ,Q o FAX 208 336-7391 ~~`` ~'psG~,G a I o ~ TE O F ~p `~~'~~ C. Wf.1a- z:lwordtexti1677~1ega1.610 /0 /S/~!_ ~'/ • CITY OF MERIDLAN PUBLIC WORKS DEPARTMENT LETTER OF TR.ANSMITT.AL October 17, 1996 To: Wayne Crookston Ambrose, Fitzgerald & Crookston 1530 W. State Avenue Meridian, Idaho 83642 From: Bruce A. Freckleton Assistant to City Engineer Subject: Olson -Bush #{2 Annexation Enclosed are the followinlr: 1 Ea. 10/ 15/96 Revised legal description for annexation from Roylance & Assoc. 1 Ea. 9/18/96 State Tax Commission letter These are transmitted: ^ For your ^ For action ^ For review /For your use ^ As requested information specified below and comment Remarks: We need to amend Annexation Ordinance No. 731 that was prepared for the Olson -Bush ~2 development. The Tax Commission interprets the boundary of the parcel north of this subdivision to be the north boundary of the Union Pacific Railroad. The original Ordinance No. 731 annexed to the south boundary. This new description places the to developments contiguous. Let me know if you Have any questions. Thanks Copy to: File, City Clerk Signed: , / 33 East Idaho Avenue Meridian, Idaho 887-2211 Fax (208) 887-1297 ~ • Meridian City Council July 10, 1996 Page 28 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, you have heard the motion any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: TABLED JUNE 18, 1996: ORDINANCE #731 - OLSON BUSH SUBDIVISION N0.2 ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED ON THE SE 1/4 OF SECTION 8, T.3N. R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #731 read in its entirety. Hearing none, entertain a motion on Ordinance #731. Morrow: Mr. Mayor I move that we adopt Ordinance #731 with the suspension of the rules. Tolsma: Second Corrie: Motion by Mr: Morrow, second by Mr. Tolsma that we approve Ordinance #731 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #9: AMENDED ORDINANCE #180 -CAN SYSTEM/ORDINANCE #734: Corrie: AN ORDINANCE AMENDED TITLE 3 OF THE REVISED AND COMPILED ORDINANCE OF THE CITY OF MERIDIAN BY REPEALING CHAPTER 15, REVISING AND RE-ENACTING SAID CHAPTER 15 TO GRANT TO THE UNITED CABLE TELEVISION CORPORATION DOING BUSINESS AS TCI CABLEVISION OF TREASURE VALLEY A FRANCHISE RENEWAL TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MERIDIAN FOR THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE INHABITANTS OF SAID CITY. AND WHICH PROVIDES DEFINITIONS, AUTHORIZES A GRANT OF AUTHORITY PROVIDING THAT SAID FRANCHISE SHALL • i MERIDIAN CITY COUNCIL MEETING: July 2 1996 APPLICANT: ITEM NUMBER; 8 REQUEST•TABLED JUNE 18 1996. ORDINANCE #731 -0LSON BUSH SUBDMSION N0.2 ANNEXATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ,/~"~ MERIDIAN SCHOOL DISTRICT: /~~ I v I MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING: JUNE 18 1996 APPLICANT: ITEM NUMBER; 5 REQUEST•ORDINANCE #731 - OLSON BUSH NO 2 SUBDNISION ANNEXATION 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 r~ ~~~~ 1'~ Iw" ~ 2 >" 1~~ OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: MAY 1 1996 APPLICANT: ITEM NUMBER; 5 REQUEST ORDINANCE #731 OLSON-BUSH NO 2 ANNEXATION 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 ~' r-.. ~ ~ ~~~~~ OTHER: AID Materials presented at public meetings shall become property of the City of Meridian. JUL-02-1996 12 30 RONRLD URN RUKER~ INC. R-2 Development, Inc. 3084 East Lanark Meridian, ID 83642 887-7994 July 2, 1996 2088877998 L ~;~~ Y r.~ ,Illl - ~ 1~~6 CITY ®1~ a~~iDIA~N Mayor and City Council Members Sent via Fax. One Paae. Go Mr. William G. Berg City Of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Re: Olson and Bush Industrial Park No. 2 -Findings of Fact and Conclusions of Law Dear Mr. Mayor and Members of the City Council: The revised Findings of Fact and Conclusions of Law for the above referenced project are acceptable. Sin rely, G Bradley E. Miller for R-2 Development, Inc. JUL 02 '96 12 23 TOTAL P.01 2088877998 PAGE.01 • R-2 Development, Inc. 3084 East Lanark Meridian, ID 83642 887-7994 June 19, 1996 Mayor and City Council Members Hand Delivered c/o Mr. William G. Berg City Of Meridian 33 E. Idaho Avenue Meridian, ID 83642 JUN1~1996 CITY OE MERIDIAN Re: Olson and Bush Industrial Park No. 2 -Findings of Fact and Conclusions of Law Dear Mr. Mayor and Members of the City Council: This letter will serve as the applicant's acceptance of the conditions of annexation and zoning as outlined in the Findings of Fact and Conclusion of Law and as stated in the motion which was accepted by the City Council. The motion accepted by the City Council eliminated the condition that the lots be developed subject to the Conditional Use Permit process. The Findings of Fact and Conclusions of Law marked "No CUP Required" do not however reflect the elimination of this condition. Paragraph 14 on Page 18 states that the conditional use limitation should apply to the applicant and the land involved in the application. A copy of the applicable page is attached. The Findings of Fact and Conclusions of Law are accepted with the understanding that the City Council eliminated the conditional use permit requirement. Thank you for your service to the City of Meridian. Sincer I , Bradley E. Miller for R-2 Development, Inc. ~ ~c~xvEn ~ ~ Meridian City Council June 18, 1996 Page 9 Morrow: That would be correct, thatJis the premise under which we have allowed the light industrial stuff without conditional use permits in other areas where conditional use could have been required. We have approved some things where the original implication was we need a conditional use permit and found out in fact we did not. Corrie: Any further discussion? The motion was made that we the findings of fact and conclusions of law be accepted with the No CUP required, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Is there a decision? Morrow: Mr. Mayor, the Meridian City Council hereby decides that the property set forth in the application should be approved for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. That if the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement and adopting covenants, conditions and restrictions the property should not be annexed. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #731 - OLSON BUSH SUBDIVISION N0.2 ANNEXATION: Morrow: Mr. Mayor, I have a question for Counselor, prior to any action on the ordinance #731 and so I would like that opportunity to ask that question before we call for a vote. My question to the counselor is given the findings and the decision should we not have written agreement from the owner developer to those findings prior to approving an ordinance of annexation? Crookston: Yes we should. Morrow: Mr. Mayor, I would move that table Ordinance #731 to our July 2, 1996 meeting pending receipt of letter from the owners of Olson Bush Subdivision affirming that they are in agreement with the findings of fact and conclusions as adopted by the Council here • i Meridian City Council June 18, 1996 Page 10 tonight. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree Crookston: Mr. Mayor, that is agenda item #5, do you wish to act on that while you are doing agenda item #4? Morrow: I think that Corrie: I hadn't got to five yet but we will take up item #5 and to be tabled, we just jumped a little ahead of the number here. Five is what we are on now. Entertain the motion Mr. Morrow made and seconded, any discussion? All those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: TUMBLE CREEK SUBDIVISION, WITH DEVELOPMENT AGREEMENT BY ARNOLD STUBBLEFIELD: Corrie: Mr. Stubblefield would you like to come up John? Stubblefield: Mr. Mayor, members of the Council my name is John Stubblefield, since receiving the staff and other agency comments last Friday we have met with the staff and believe that we have addressed all comments and concerns with respect to this subdivision. We are in support of staff comments and request that you grant phase 1 final plat approval on the Tumble Creek Subdivision subject to compliance with all staff and agency comments and recommendations. Corrie: Any questions from Counci' for Mr. Stubblefield? Rountree: I have none, I would just like to point out that Stubblefield Companies has responded in writing to staff comments and you are in receipt of those? Smith: Yes we are, they did a good job in responding. Bentley: Mr. Mayor, I would like to ask staff if they have addressed the conditions on the well location lot? Smith: Mr. Mayor and Councilman Bentley, Council members, originally we had a proposal for a well lot from Stubblefield development to be located north of Ustick and west of • • Meridian City Council December 17, 1996 Page 7 Cowie: Motion made by Mr. Morrow, second by Mr. Bentley, that we adopt ordinance #748 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #4: CONDITIONAL USE PERMIT FOR A COMMERCIAL PLANNED DEVELOPMENT BY DOUG TAMURA AND ARTHUR BERRY; TABLED DECEMBER 3, 1996: Cowie: We had to wait until we got the ordinance (inaudible) Morrow: Unless the Council doesn't have a comfort level, I think as I recollect the findings as prepared for P & Z were appropriate and I would move that we adopt the findings of fact and conclusions as prepared for P & Z. Rountree: Second Cowie: Motion made by Mr. Mon-ow, second by Mr. Rountree that we approve the preparation of the findings of fact and conclusions of law on the conditional use permit, excuse me, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Cowie: Now we need a motion to approve the conditional use. Rountree: So moved Tolsma: Second Cowie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve the findings, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM#5: AMENDED ORDINANCE #731 - OLSON BUSH N0.2/I-L: Cowie: That was a correction if I am not mistaken Mr. Counselor that we had some, to • Meridian City Council December 17, 1996 Page 8 make sure that it all came together at one time and one place, is that correct? Crookston: That is correct, the legal .description that was initially provided the City did not close. The reason for the change is to have a legal description that closes the property. That is the only reason for the amended ordinance. Cowie: Amended Ordinance #731, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SE 1/4 OF SECTION 8, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have amended ordinance #731 read in its entirety? Hearing none I will entertain a motion for acceptance of Amended Ordinance #731. Rountree: Mr. Mayor I would have a question for Gary Smith. On the Olson Bush property description did that finally close? Smith: Yes sir. Rountree: Mr. Mayor I would move that we adopt Ordinance #731 with suspension of rules. Tolsma: Second Cowie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve amended ordinance #731 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE FOR CARRIE OFFICE BUILDING BY JIM CARRIE: Cowie: Council you have those findings. Morrow: Mr. Mayor, for the sake of clarity, there was a set of findings in our packet that had some incorrect areas in them. Counselor did just prior to the start of the meeting did pass out a set of new findings with those items corrected. I think that what I would like to do is make a motion that we hereby approve and adopt the amended findings of fact and conclusions of law if that is appropriate. • Meridian City Council June 4, 1996 Page 28 MOTION CARRIED: All Yea ITEM #4: TABLED MAY 21, 1996: FINAL PLAT: PACKARD SUBDIVISION NO. 1 BY PNE/EDMONDS CONSTRUCTION: Corrie: We also have a request that be tabled until the meeting of June 18. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the final plat for Packard Subdivision No. 1 be tabled until June 18, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED MAY 21, 1996: ORDINANCE #731 - OLSON BUSH SUBDIVISION NO. 2 ANNEXATION: Corrie: I think they also requested that be tabled until the June 18th meeting. It was hand delivered, sent by fax. Bentley: Mr. Mayor, I have a question how crowded are we getting on the 18th? Corrie: I don't know. Miller: On the Olson Bush Subdivision I just asked that it be tabled until we can consider my request that you consider your decision. That is the only reason that I did that. Morrow: Mr. Mayor if I might add clarity to that, the request is we request that item 5 on tonight's City Council agenda be tabled pending a decision from the City Council regarding our request for reconsideration made on May 21, 1996. I do have that letter in my packet. Corrie: I guess the question is how long do you want to table that until we can get the information to Council for a decision. Bentley: I just don't want to see another sleeping bag meeting. (Inaudible) • Meridian City Council June 4, 1996 Page 29 Corrie: (Inaudible) July 2nd. Morrow: When are we hearing the appeal of the conditional use? Rountree: Has that been scheduled? We just had precedent here. (Inaudible) Corrie: (Inaudible) if they have that information back or just reconsideration because we don't have a procedure, we need to, if they have new information we have to open up the public hearing. Crookston: If they have new information yes. But if it is just a request did for thedLakeloat on the. basis of the facts that we already have than it is dust as we Cherry Lane. Morrow: Mr. Mayor, I would see this issue as simply a reconsideration because what the request in terms of the reconsideration is that the requirement for conditional use was in error because the property is on the comprehensive plan as light industrial and we were under the impression or at least the findings were written under the impression that it was in fact not light industrial but something else. And so it seems to me that it is simply a matter of reconsideration because we have not new information, clarification of a mistake that in the applicant's belief that we made. So I think that I would like to see that done simply as a reconsideration. I don't know that we couldn't do that tonight. Corrie: Does everybody have the information in front of them to do that tonight? Crookston: The concern that I had with which I had not determined because we were not addressing the appeal was whether or not even though it is outside of the orange area on the localized plan on the map on the wall that you see over there there was a question as to whether or not the comprehensive plan sti[I indicated that area should be governed by the same procedures as it ground in the orange area which is a planned unit development area and should therefore be required to have a conditional use for the uses within the subdivision. And since we were not dealing with the appeal I did not look at that. But it is the Council's decision. Corrie: Council, do you want to take another two weeks to study it or do you want to go ahead with it tonight, your pleasure? Morrow: I don't have any problem going ahead with it tonight, that is my (inaudible) opinion. • • Meridian City Council June 4, 1996 Page 30 Rountree: So what we would be doing then is reconsidering the previous findings, the way understand this information. Crookston: That is correct Charlie. Rountree: And it relates to the condition put in the findings of fact that this would be subject to a conditional use process. Crookston: That all uses developed within the subdivision would have to be approved with a conditional use permit which is the way it is in the planned development area. Rountree: That is how it was presented when we approved the findings of fact I would think that at a minimum we would have to at least advertise that we are going to discuss the reconsideration of that for the record before we took action on it. Not that I am opposed to dealing with it tonight but I think so we don't get the public that was involved in this process earlier on caught by probably not going to know it is going to be reconsidered anyway but at least if we notice it~or advertise it as such that opportunity is available for them to understand what is going on. So it could be (inaudible) Crookston: That would be correct and they have the opportunity if they so desire. It is still the Council's decision. Rountree: I understand that, we wouldn't be opening up the public hearing but there would be opportunity for them to be present during the discussion. That is my only reservation about hearing or acting on it tonight. (Inaudible) Corrie: I guess I need one more person to comment or we could put it to a vote. Morrow: I guess Mr. Rountree my question to you would be is that it appears given the fact that we made a mistake how strongly do you feel about a publishing in a notice that there is no input from the public and that essentially we are correcting one of our issues that to quote this line which is exactly correct, the exact issue of requiring a conditional use permit for permitted was debated at length at a public hearing held by the City Council on August 6, 1994. Essentially what we did when we approved these findings of fad including a conditional use permit for every use within the subdivision is it went outside the area of what it was we had already approved as a Council in 1994. And so I guess my point here is that is there a benefit that it serves in terms of having delay for two weeks putting that on the agenda and then not having the public have the opportunity to even testify because what we are doing at feast it appears to me would be a mistake that we made counter to a decision that previously had reached some two years ago. • • Meridian City Council June 4, 1996 Page 31 Rountree: I would I think then go back and say I am not talking about, it is published as. part of the agenda for the meeting so knowledge is there. I would refer Council to the paragraph or item 12 on page 14 of the findings of fact that you are talking about and there is an action taken there that hasn't been done by the City. And that condition says that there will be conditional use permit process until there is resolve on what can and can't happen in light industrial and that has not been done to my knowledge. Crookston: That is correct Rountree: So I think even the previous Council was concerned with what potentials could happen in that subdivision until that issue was resolved. I agree where you are coming from Walt about the conditional use thing but when I read this that took care of my concerns about not having to go the conditional use permit. Morrow: I need to research it but I think part of the action taken. by the Council in 1994 within the public arena was that everyone was made aware that those uses that were permitted for those subdivision were subject to the updated industrial ordinance that Mr. Cowie and I both worked on and finalized but yet the Council has not yet adopted it as part of the zoning and development ordinance. 1 believe that was part of the approval by the Council of no requirement for conditional uses that the owners and applicants be aware and did in fact agree to comply with an{ answetrsg our quest~on or not Iwould point ordinance. And so I don't know whether tha Y that out. Rountree: It says quite clearly in that condition that they have to be agreeable with these development changes, ordinances changes or they will be subject to conditional use. Again, if that language were in the finding for this application I would, my reservations previously would be taken care of. In not having conditional use requirements on development in this area. Morrow: Say that to me again? Rountree: My concern in the previous finding that included the condition that they would have to have a conditional use permit process for development within that subdivision was based on the concern of what may or may not come into that area in terms of use. This language takes care of that concern, it says, when we get that light industrial stuff done which we need to do, the applicant agrees to what it is we come up in terms of uses that won't be allowed and types of uses that are allowed under conditional use permit and types of uses that won't be allowed. If they don't agree with that and their application is for development in that subdivision would be subject to conditional use provisions. • • Meridian City Council June 4, 1996 Page 32 Tolsma: (Inaudible) Rountree: I think it is something that we need to do, we are talking a year Tolsma: (Inaudible) Rountree: Well Walt's indication and the status of that is the formation of that is done it has just never been brought before the Council. Morrow: It has never been brought before the Council because our assignment as Councilman was to deal with that and which we did and the issue and the reason that it is sitting there doing nothing is that the Council's direction also was that we were going to completely redo the whole ordinance, the whole zoning and development ordinance. If memory serves me directly and Bob correct me if I am wrong that procedure was to be developed or is required to be developed between the P & Z and the Council in a joint workshop. The issue is that we have not got that done yet coupled with the fact that we were going to have staff and those folk present also changes that they wish to make in that zoning and development ordinances. So ifrt thate ou and I d d was a m n'o9par{.it it from all three aspects were we not Bob. The pa y Corrie: Preliminary yes, that is correct and we can still get the staff moving on that and get the meeting and get it done. But it will still take some time. Bentley: Mr. Mayor, I have a question since I wasn't here in 1994 when these were done was that a condition that they would go along with a new ordinance that was coming in? Rountree: That is written right in the findings. The framework that is there still reduces my concern about the kinds of uses that could happen there. If we are going to reconsider to change that portion of the findings to eliminate the conditional use permit requirement with this kind of language substituted for that. Crookston: The problem with using that kind of language although it is already there that is what the findings of fact and conclusions of law were initially approved on. The problem with using that is if they sell a parcel of land to a entity, a person, it is not a part of their application. It is going to be very difficult to enforce. I don't know maybe the applicant would address whether there is a problem in having the City determine what they want to do and decide it on June 18th. Miller: I would just make a couple of comments, number one we fully agree to comply with the revised or the zoning ordinance which will be adopted at a later date. We have no plans to develop this property out in the next 6 months 9 months it would probably be a • • Meridian City Council June 4, 1996 Page 33 year from now. I think that would give you plenty of time to get that in place. It seems to me from listening to the discussion that we almost have the makings of a decision here, might as well. I don't mind waiting for the 18th but if we are set to do something tonight why take your time on the 18th if we can do it tonight. We would fully agree to comply with the new amended zoning ordinance, we don't have a problem with that. We would also, I would even further state that we could make it a stipulation in the CC&R's that they comply with if we were to sell off a lot that they comply with these facts and findings or the decision of the Council that runs with the land. Crookston: I appreciate that, but I still have a problem with having it' eventually annexed and zoned in that capacity without a specific decision by the Council whether or not the comprehensive plan requires the conditional uses or if it does not because if you do sell and for some reason these things happen and the City doesn't get to it then it is very difficult. Shari do you have a comment? Stiles: Mayor and Council I do believe that the development agreement that is required as a condition of this annexation could specifically prohibit some uses and list those other uses within the development agreement. The development agreement would be recorded with the final plat and I think we would be covered that way. Morrow: Let me take you up on that idea Shari, why don't you, we could incorporate the document that Bob and I have crafted and have that serve that function because that function is done. Stiles: We could Rountree: That is reasonable. (Inaudible) Mr. Mayor I would make a motion that we reconsider the findings of fact and conclusions of law (inaudible) for modification related to conditional use. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we consider the findings of fact and conclusions of law for modification of the CUP, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that we amend the findings of fact and conclusions of law for the Olson Bush Subdivision to delete the requirement for a conditional use permit for all uses and instead insert the requirement that a development agreement which is Meridian City Council June 4, 1996 Page 34 • required include also within it the proposed uses for light industrial area as they relate to permitted uses, conditional uses and non-permitted uses. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we amend the findings of fact and conclusions of law on the Olson Bush property to delete the requirement for conditional use permits and insert the development agreement to include proposed uses for light industrial area as permitted and non-permitted, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie:. On the ordinance Counselor do we need to amend that as well? Crookston: We would need to amend the findings of fact, I have prepared the ordinance but I think that we should approve the new findings. Morrow: Mr. Mayor then I would move that we table item #5 on the Olson Bush annexation ordinance #731 until our meeting of June 18. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, any further discussion? Hearing -none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED MAY 21, 1996: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK N0. 1 SUBDIVISION BY RON VAN AUKER: Bentley: Mr. Mayor, I have a question for Shari, we received a new plat map tonight any problems with that? Stiles: Mayor and Council the plat I .received today does address my concerns, I don't know if Gary or anyone in Public Works Department has had a chance to review it as far as their concerns. I feel that I don't have any problems with the plat. Corrie: Is Gary here? Mr. Bentley do you want to hear their comments or do you want to wait for Gary? • Meridian City Council May 7, 1996 Page 74 is a critical it would be if there were findings required. I see not n' the record ithThat ns the public hearing left open so that whatever is submitted is o Council's decision. Corrie: I think if there was anymore discussion among the Council it would still have to be open to the public. So I guess they can make it either way. Rountree: Well we could move to continue the hearing for the res SI aff nDefeedecis onhon have been raised this evening, the technical issues with the city the preliminary plat until our next regularly scheduled meeting which is May 21st. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FORE SH O 2 SUBDIDVIS ONI BY R 2 APPROXIMATELY 14 ACRES TO I L FOR OLSON DEVELOPMENT: Corrie: I will open the public hearing. Brad Miller, 3084 East Lanark, was sworn by the City Attorney. Miller: This is a 14 acre subdivision at the end of Lanark that we are proposing to divide into nine lots. We are asking for a light industrial zoning. I have once again we will bring in city sewer and city water and build the roads to ACRD standard. I have three brief comments, number one would be Shari Stiles item 3 on her March 11 memo referring to the annexation of other lots that are on the streets which are not owned by R-2 development. She specifically refers to Ron Yanke s lots on the south side of East Lanark, I don't have any control over those lots, I don t have any control over the adjoining lot that is owned by Ted Sigmont or the lot on the north side of the street by Ted Centers. I osed talked to Mr. Yanke's representative Mike Ford about annexation and he is not opp to it. I don't know if the way Shari has worded this in her comments if it is a condition of approval or not but I would like to just state that I don't have any control over whether or not they choose to annex their lots into the City. Item #7 on the same memo from Shari Stiles address the requirement that there be a conditional use permit procedure for each procedure for each of these lots. I would ask that this not be a requirement. Once again we are asking for light industrial zoning it is our preference is that if we are building • C Meridian City Council May 7, 1996 Page 75 would we not be subject to the buildings if approved uses within that designated zoning, nditional use permit process. Finally I would ,ask on we ust ut s dewallks on one co requirement that sidewalks be on du trsal developm ntt Those are my comments I would side of the street since it is an m be more than happy to address any questions. Once again Dave Roylance is here o address any questions you may have. Corrie: Council? Ariy other public testimony? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. lentine: What I am asking for particularly has to do with toh dinancesh What kind of Va and development requirements, Meridian and the Zoning owners who overlook this planned guarantees do the seven residential property elo ment have to see to it that these developers are going ~ use heocess enforced here dev p development ordinances? I would like to see the conditions uarantees and what because there are only nine lots havethwhat enfoecement powerywill they have to make enforcement will the City Council , sure that everything is complied with. Yes it is zoned ligha edseen the Olson Bush No. 1 can happen to the area if you have been out there, you h development from Eagle Road. There is no screeni o hrt tshould also conform9o those that are there and what not. I believe Ron Yanke s p p Y ordinances as you requested. He also requested for an a hat is'the'rush?eWhY s`hhuld we are going to look at the results for the rest of our lives w ss ust because it has have to submit to these developers agenda to s mehruarantees the residents of the area. been zoned light industrial. We have to have g they spend a tot of time at Many of the people along the Franelhaveoa wonderfuev'etw there, he we are going to sell home looking down at their view. W I would like to (inaudible) I our property that is going to affect the value of our property. was ~ust wondering if in your recommendations of finding to a~~ct ~naud'ble) Theres I no 1 (Inaudible) what about the remaining portions of the ~ concern is that this area here mention of this area, what is it (inaudible) (End of T have the sto ped at this point. In the has been when they developed these lots here, why Y p future do they plan on extending these lots and if so, I justothb'e an afut ee deve opmelnt here about this area here and whethdeeo lateraht hat sostilgl going to remain in the open I would like to have the full S y Community identrfication (inaudible) as well as the portiont h{~ Cun shouldtbe enhanced and emphasized. Under policy 1.4 states major entrances tY the zoning and development ordinances that ordinancfrom0al2ex sling adjoin ng reresidents of commercial and induseras whether orllnoesuch property is separated by an alleyway or or residentially zoned ar Meridian City Council May 7, 1996 Page 76 street. So screening and that sort of thing of sto to eas to yvhethea or not the Counc I will of mine. I would like to have some kind of guaran a ordinances. Under the, I believe that be able to enforce the zoning and development typ we have vested rights and according to the City of Meridia rgfe to the r ghts that have ben development ordinances vested rights are properly used accrued to an individual as a result of conditions thah aae usually controlped'operations Light manufacturing's definition is industrial uses whit relatively clean, quiet and free of objectionab{e or hazardous elements such as smoke, nose odor, dust, which operate and store within encl he Counc I to address'what kind of little industrial traffic and no nuisances. I would like t uarantees that I have that just whatever hasp been put o~~ ae e d kby theoCity.t~just 9 adhered to. I am not asking for anything that hasn t bee aPe asked for the conditional use want a guarantee of some kind and that is why process to take place and since there. are only nine have tooconform to the developeas would be a major problem. I don t think that we should agenda when we have St. Luke's Meridian putting in a firwnlon EageeaRoad that s dog g the other developments, I forget the other development do a first class development. Why we should not have a ~ i9~'a nke I say thstan entrryway real fast developing area. It is very beautiful and I think i , corridor, designated entryway corridor. It is very noticeadberati~on! tEv nNthough It 9s major area, that whole area a little bit of time and cons developers and they have a lot of influence in this are rnn t areas and also buffer zones, term about this. I would like to see as many scree g transitional yards if possible. Behind my house theree woane th that they do not own something that some kind of requirements that state that th p p ~ ,f the have any is, I just want them to address what their futu s Ithe developers that are here now to stand future plans for that property. I would like al up and talk about tiling of the ditch if they would be interest dedelopment ordhnancleshwill would be interested in giving a guarantee that the zoning be complied with. I would like to have them stand up hV stood up here and ghave given specifically since l have sat here all night long and I ha my ideas I would like to have them address those specific things in the hearing. That is all I have to say. Bentley: I don't have a question but I don't see how you that reortion you speak of to the what is going to happen land that he doesn t own. On p en with that since he south there he really has no control over what it is going to happ doesn't own it. Valentine: Well I can ask him and he can answer whe t~ got he does. for it. If he has no future plans for that then I would like to know whet • Meridian City Council May 7, 1996 Page 77 Bentley: Well he just stated that he doesn't own it. So how can he have plans for it? Valentine: I would like to have him address as many as my concerns as possible. My feeling is that they haven't done so. I want guarantees and I would like guarantees. t would like to have him stand up and address some of these issues. I have spent my time to come down here and be involved as a concerned property owner and also concerned community member. I want not only for myself but for the community to have these things addressed. That is all I am asking for. Corrie: Is there further testimony from the public? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Regarding the conditional use permit, I did think that is an unnecessary burden. I think it undoes zoning regulations. I think when you have a certain zone you have principle permitted uses within the zone can go forward without a public hearing. I think it is burdensome and unfair to the developer and probably burdensome to the City. I think if you need those protections I think we can support that. I think there is a simpler way to do it. One of them might be I believe you are going to require a development agreement. In the development agreement I think you can require a staff level design review process as a part of the building permit process. In there you can require landscaping, screening, building materials and so forth. So I do think that the same objectives can be met without the cumbersome process of a public hearing on each and every building in the project. Regarding the ditches, we intend to the every ditch in the project in accordance with Meridian City Ordinance any ditch off the property we don't intend to tile. Again the property just confirmed it with Mr. Miller, he doesn't own that property that was referenced by Mr. Valentine, he doesn't have an option on it, he doesn't have any plans on it. WE thought it somewhat rude to submit a preliminary plat on it so we didn't. That is all I have. Corrie: Any questions from Council? Any other members from the public? Janette Fletcher, 2730 East Franklin Road, was sworn by the City Attorney. Fletcher: I thought that they were going, the last time we were here was late also that they were going to address the fact of the good stuff that is laying out in the field that shines in my eyes. All of the garbage or whatever that is down by Marcum's now, that was a question last time and I thought we were supposed to come and get an answer about cleaning that mess up or something. (Inaudible) Berg: I was just going to make a comment, that property isn't in the City but I believe Jim Rabitt did make some contact with Ada County to have their people go and look at it. They Meridian City Council May 7, 1996 Page 78 that is in~ are the ones that have to force that land that is th a{{ tsure that Jim made some contacts that other portion of the subdivision No. 1. I am pr y with the people he contacted on a daily basis with the C ut after the meeting at the P & Z what the results of those were but I did talk to him abo level. Fletcher: If they leave that stuff like that the whole things a elk nd of n acco dance with just horrible and that is part of my concern. And then, w Valentine that we want a nice area and we don't want to be blocked out and look at Mr. a bunch of garbage. We have lived there for the last 30 years. Corrie: Thank you, any further testimony from the public? Valentine: I would like to ask Mr. Roylance if they intend to the any portion of that ditch that boundaries their property and also if he will commit hims {Iheo fe~mm~d d rathegthan development ordinances in the staff level review process tha having the conditional use permit process. Is he willing to sta thehzon ng and development they adhere to all of the things that is required by the City in ordinances. I would like to ask him to address that issaea et he~going to the?n dust the zoning issue. Also, if, what portion of the Snyder later Y Corrie: Thank you, do you want to answer that at this time, those two questions? lance: A ain, I am the engineer not the developer, we would file awn edi~e would t e Roy 9 property boundaries that is requirede~bRe tila ~ rpig theezoning olydinance and any other nothing outside of our property perime e9 Hales, yes it has been my experience that when developers come in and work with the City that they do adhere to the zoning requirements and their b s Idni eg m g ~~~g a negot at d is what I would expect would happen here. I will say rocess where you meet with the staff member and yo Batt abo~uiy i~ n~Sp'n a w n ywin P talk about this and there is a little bit of give and take. P situation and the City gets reasonably what they want. Thdaevelo er would adhe a to the process to be here. In thats and a uirements of thetCi y. Any questions? zoning rules and regulation q orris: An body else from the public? That is it, we go back and forth and we will never C Y get out of here tonight. Council, discussion? I read the conditions in the findings Rountree: Well as far as the annexation goes, the way of fact and conclusions which have been available to the pabei been brought forth tonight addressed in the conditions most of the issues that h • • Meridian City Council May 7, 1996 Page 79 Specifically that this development would be subject to the conditional use process. That tiling of ditches would be required on the property within the subdivision. All of the ordinances of the City of Meridian would have to be abided by to the tune of some 20 pages. I didn't find anything in reviewing that that would be inconsistent with what we have heard tonight. Crookston: I don't believe so. Morrow: You don't think there has been new testimony as to mandated changes to the findings of fact and conclusions? Crookston: I do not. Corrie: Any further discussion Council members? Morrow: I want to discuss a little be the conditional use permit requirement. I guess I want to discuss it from this standpoint. This particular location is different than the former location that we talked about from the standpoint that there are county uses within their ground. It is not zoned and annexed within the City. Obviously it is not subject to the conditional use process. It is a nine lot subdivision, most everything to the east I am sorry to the west of Eagle Road is not subject to the conditional use process. Again I would suggest to you that in terms of building buildings for a specific client or more importantly building buildings for potential lease clients conditional use permit process doesn't work very well for lease buildings. It doesn't work very well to re-lease buildings when somebody's lease expires because of the length of the process. I note here under our economic development goal statement policy of the City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprise to locate in Meridian. It is a policy of the City of Meridian to set aside areas for commercial and industrial interest and activities (inaudible) character site improvements and type of new commercial or industrial development should be harmonized with natural development and respect the unique needs or features of the area. I think that can be accomplished by having covenants and restrictions within the subdivision that begins to develop the assurances that the landscaping issues are covered, the neighbor issues are somewhat covered and taken care of. I think that by and large what can happen with the conditional use permit process especially in buildings that are designed for lease is that the net affect of that may very well be that you get buildings that sit vacant for a long time because nobody that is a tenants is willing to wait the 30 or 45 days that it takes just to get a conditional use permit approved particularly when the zoning and development ordinance specifies the uses that can be done within the zone and their use is a conforming use within the zone. So I think that from my perspective I have a problem with the conditional use permit process from a practical standpoint. In a zoned area where the Meridian City Council May 7, 1996 Page 80 uses are defined and by virtue of the annexation of the Ia~tbthlat (address percmetee covenants and restrictions with conditions upon t ho ghts landscaping and those kinds of things. Those are my Rountree: The buffering I believe is covered in the findingsons ~ annelxation the' City caveat here that it is concluded that upon annexation and con ma im ose restrictions that are not otherwise contained ~ rehens ve plan passage. Y p subdivision ordinance because of the annexation der na d ~~ Mr. Mayor, I would like So that is an additional restriction thet~cto condito al use, I know that is an issue. to here staff s comments with resp Stiles: Mr. Mayor and Council, the conditional use procecontroleth n dealing s to spec fic consuming, however I believe it will give us a lot more oint ou try with these people. These people will come back and argue and argue every p Y to make in the site plan. I would think if there is no conhiatanaff has requested oof them eo le coming back in here wanting to appeal w many p p because they feel it is out of line. So I guess that is on tires a rul ng by Counc ~and'they use permit is because it does go before Council, ther In the light industrial zone approve a development they sees saa sol d wasteytaansfettstation. There are any number there are recycling plants, they of thin s that are not going to fit with what the neighbors th~ks is thi hhappening why d d 9 I am then going to get all the neighbors calling me saying y this happen. That is my only concern as far as not requir{ ~ ~ k~nw that the comp plan how the annexation was done, the findings of fact regwred eo le to come but does encourage economic development that we should1e ~ ~~ here Meridian is the Meridian is in a position now, we are not begging for peop lace to be. Whatever is going to go in that development in that characteh for yearsland P time. It is gong to set a precedent and it is going to r`em nig with requiring conditional use years and years. So I think that there is nothing led in the past just for sake permits and. expecting a little higher class than has been accep of letting someone in that employs someone. I am not agak hatheo shou d be required to not against anybody trying to make money it is lust I thin Y set a higher standard than has been accepted in the past. Corrie: Any other comments from staff? we have been (inaudible) we also have Tolsma: 1 am kind of inclined to agree with Shari, some very class act developers that you can take then at t ubus developehes what makes osed (inaudible} right way. The unscrup what they are supp This is where the conditional use permit Walt probably the scrupulous developers pay. le out there that use the City is against, Shari has some valid points. That there are peop • Meridian City Council May 7, 1996 Page 81 to the fullest extent and nick pick the comprehensive plan ie dno a roblems but yore have We say (inaudible) some people who want to do (inaudib ) P other uys (inaudible) can't seem to get their act together. It ha veld inaudible) and if they 9 use permit because it do nal luoses they ae outaof business because we simply shut them don't conform to conditio down. But if you don't have that you don't have any control. Corrie: Any further comments from the Council? Crookston: I just have a comment, I believe that in th fate what they dopit stvery c'loseen is in a mixed use plan area that is why the findings s m mind, Shari is shaking her head now, it may not be, ~ a'nd d'dllie in'relatonsh pto the Y apply. It was hard for me to determine actually where the generalized land use map plan. Stiles: This area is shown as light industrial on the comprehensive plan map. The text s eaks more to the area, this whole area of Franklin. Maybe that is what you were looking P at when you were preparing the findings. Crookston: That is what I felt that it was, it was hard tothat indicate that that whole area map exactly where it was. There are things in the plan is a mixed use plan area. Morrow: A couple more thoughts with respect to this ~nwhat are permitted and what development ordinance that in it it states in terms of all uses are conditional uses we have done some modification to thaeasd~a{ you have ans tuat on the formal adoption process. The other thing that impacts he that is (inaudible) light industrial if that is the case why arvVe have the potentiae o bury within the City of Meridian conditional use. The point is t{ me a building is released do we our staff and bury ourselves in conditional uses. Every do a conditional use. I think that we think those things thr ~ `9 hat Ronhs poant soabout bad to make the thing work and work efficiently. I understan developers. Probably 90% of our codes and ordinances and I ffects {h other 90% of us. Which comprise maybe 10% of our population and negative y So, it looks to me like we need to think this through and ses fF ae uerements or staff nlg in the short term but in the to fgrtthem to our staff and our q requirements. I have nothing Corrie: Any other comments from Council? ountree: I just have an observation based on my limited experience at this point but it R • Meridian City Council May 7, 1996 Page 82 seems to me that most everything that we have acted on in the past few months in terms of developments have required a conditional use process. Primarily because we have no design review control, we don't. I agree with Ron, I think it is a control we can impose, it doesn't necessarily have to be a burdensome process. Morrow: Well you are going to have to redesign the process then not to make it a burdensome process, the time factor makes it a burdensome process now. Rountree: But even a design review process with staff is going to take considerable time. Morrow: Can't you do the same thing by covenants and restrictions within the subdivision? Rountree: Through development agreement Morrow: Yes through development agreement or requirement of those things that you want to see happen in the subdivision happen. I guess the question is how far do you take this, do you limit buildings to single stories, do you limit exterior materials. Do you provide top screening and certainly the argument can be made for the folks that live on Franklin Road that the normal six foot screening fence does absolutely nothing for them because they sit 30 feet above it they look down into it. So where is the line? Rountree: Well given those is it something the staff can deal with? Morrow: I don't know Morrow: Yes we can go either way as a Council with it, but again it is legal counsel and staff is going to have to effect whatever decision it is we make. The conditional use process is something they can get a hold of. Maybe it isn't burdensome to them in terms of enforcement and getting development that is compatible particularly in this situation I see where you are coming from but I am a little hesitant with adjacent residential and light industrial without some pretty good controls one what can go into that light industrial complex. If it were in a commercial industrial quarter section of whatever I would be real inclined to agree with what you are saying. Morrow:- Well I think generally speaking the original concept for conditional uses was for old town Meridian because it defied zoning because of all of the stuff that is within a half mile radius of the this building. The concept that we use the railroad corridor to create a light industrial area or commercial area if you will was a broad general concept that was subscribed to. So at some point the zoning and development ordinance was adopted that spelled out the uses that were permitted and conditional uses within those zoning classifications. It looks to me like when you conditional use everything then obviously you • • Meridian City Council May 7, 1996 Page 83 is reflected as a conditional use. need to change those classifications so that everything oint whether something is tight industrial or medium °ake a lot of sense to have At that p is all going to be if it all going to be conditional use it doesn t m classifications. ' ree: Philosophically Ican't disagree with this particular sia{ blen~ I can see that you Rount income have two uses that can be compatible but can be very Morrow: I would think if that were the case then (inaudible) conditional use. Rountree: (Inaudible) Morrow: I am talking about the stuff on Lanark. Rountree: (Inaudible) well Lanark is by virtue (inaudible) La ne Industrial Park is not conditional use. I don't belonal use. t (naudible) to Morrow. Y ert is conditi property west of Eagle Road and north of this prop y Blue Cross. Tolsma: (Inaudible) w: Well Ron, everything to the north of this is all industrial and the property Morro the applicant. immediately to the south is not even owned by Tolsma: (Inaudible) (Discussion Inaudible) orrow: What I am suggesting to you on this particular property that we are talking, there M and the residences that we are talking is another piece of property between this property about. Tolsma: (Inaudible) Morrow: Which place is that? Tolsma: (Inaudible) 'f' II changed all of Morrow: Well the revision committee thhaBob e o use Ned on specs ica y that to conditional use permit only fort tYP • Meridian City Council May 7, 1996 Page 84 • Tolsma: (Inaudible) • Well the study that we did we assigned what was to The concrete process ng Morrow. what was to be a permittedAnditionah use itwas automatic conditional use. If somebody facility was assigned to be a ,n for that lot a conditional was trying to do that (inaudible) we didn t ow Whethee t would be an office building or a uses which is what we are trying to do lant the scenario that we are working. on right ,now is it requires a conditional concrete p use for everything. Tolsma: (Inaudible) orrow: What I am suggesting to you is that you need to sale'of bu d ngs and twoptwill M It will radically slow down the sales and fe-1e has got to do at some point time fairly increase the amount of work that this body ermits unless you figure out some way to substantially in dealing with conditional use p eam line the process. Here it is already it is five minutes after one and we have more str than enough to do now. Rountree: Well we have lots of opinions here (inaudible). Corrie: I will close the public hearing, entertain a motion. ountree: Mr. Mayor, I move that the Meridian City Council hereby adopts and approves R eared by the Meridian Planning and Zoning these findings of fact and conclusions as pr p Commission for Olson Bush Industrial Park No. 2. Tolsma: Second 'e: Motion is made and seconded thatwe approve the finon for the Olson Bush Non2 Corn and Zoning Comm~ssi of law as adopted by the Planning subdivision, any further discussion? Rotl call vote. ROLL CALL VOTE: Morrow -Nay, Bentley Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 1 Nay, 3 Yea Corrie: Conditions and recommendation? Council of Meridian approve the Rountree: Mr. Mayor, I recommend that the City 'on for the requested subdivision and zoning under the conditions set forth in the annexati • • Meridian City Council May 7, 1996 Page 85 licant must enter into a findings of fact and conclusions ~ I hereinland f the applicant does not do so that the development agreement as required land be de-annexed. That ~ the applicant. is not agrees el owment agreemeng the property conclusions and is not agreeable with entering into a dev p should not be annexed. Corrie: Motion has been made on the recommendation, is there a second? Tolsma: Second Corrie: Motion made by Mr. Tolsma, any discussion? Crookston: I think that there was an error in the ~nshould Ibe annexed and zonedlbut not the way it reads now is it is concluded that the land subject to deannexation if a development agreement is not entered into. If you refer then down to paragraph 18 it states that it is concluded thae~hdean but t is concluded that the property would be in the best interest of the City of M property may be deannexed if appropriate development agreements are not agreed on and executed by the City. I think the not in paragraph 17 needs to be stricken out. That reads directly in conflict with what paragraph says. (Inaudible) Crookston: It is in paragraph 16, 16 I think should be deleted. Rountree: I withdraw my motion. Tolsma: I withdraw my second the not in the second to the last sentence in paragraph Rountree: Mr. Mayor, I move that the Meridian City Council adopts and approves the findings of fact and conclusions of law as prepared by Planning and Zoning and amended on page 18, item 16 for the Olson Bush Industrial Park No. 2. Corrie: You .are removing the word not? Rountree: I am removing the last of the last sentence re ed ntoraph 16 but not subject to denannexation if a development agreement is not en Crookston: I think all we need to do is remove the not. • • Meridian City Council May 7, 1996 Page 86 (Inaudible) Tolsma: Second Corrie: Motion made by Mr. Rountree second by Mr. Tolsma to approve the findings of fact and conclusions by Planning and Zoning wit erhd scussnon?eRo I calltvote. ord not be removed on page 18, paragraph #16. Any forth ROLL CALL VOTE: Morrow -Nay, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 1 Nay, 3 Yea Corrie: I guess the recommendation. Rountree: t move for the previous recommendation as stated. Tolsma: Second Corrie: Motion made and seconded that it be approved, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: 1 Nay, 3 Yea Rountree: Mr. Mayor I move we have the City Attorney prepare an ordinance for this annexation and zoning. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that the annexation ordinance be prepared by the City Attorney, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON BUSH N0. 2 BY R-2 DEVELOPMENT: Corrie: I will open the public hearing, is there a representative from Olson Bush? Brad Miller, 3084 East Lanark, was sworn by the City Attorney. ~ ~ • /~ Meridian City Council May 7, 1996 Page 86 (Inaudible) Tolsma: Second Corrie: Motion made by Mr. Rountree second by Mr. Tolsma to approve the findings of fact and conclusions by Planning and Zoning with the amendment that the word not be removed on page 18, paragraph #16. Any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Nay, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 1 Nay, 3 Yea Corrie: I guess the recommendation. Rountree: I move for the previous recommendation as stated. Tolsma: Second Corrie: Motion made and seconded that it be approved, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: 1 Nay, 3 Yea Rountree: Mr. Mayor I move we have the City Attomey prepare an ordinance for this annexation and zoning. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that the annexation ordinance be prepared by the City Attomey, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON BUSH N0. 2 BY R-2 DEVELOPMENT: Corrie: I will open the public hearing, is there a representative from Olson Bush? Brad Miller, 3084 East Lanark, was sworn by the City Attorney. • Meridian City Council May 7, 1996 Page 87 Miller: No further comments other than we would like to divide it into 9 separate lots. If there are any questions? Corrie: Questions from Council? Rountree: One question, question from staff indicating that Lanark should be extended west. Miller: Correct, ACRD has requested `that this be extended here and we are agreeable to that and we will be doing, the final plat will reflect that. Dave can address that. Corrie: Any further questions? Other public testimony? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney/ Roylance: I am aware of this requirement from ACHD to extend the road. WE would like to go on record that we intend to do that so that there is no miscommunication or misunderstanding (will alter the preliminary plat and turn it into Gary Smith so that he knows the configuration. I am just saying that so that in hopes that we don't have to redo this again. That was the only issue only significant issue from ACRD. Rountree: Another note that should probably ought to be on the plat is requiring vegetative buffer on the south edge of the south lots, lots 10, 9, 8,7 and I assume you will have two more lots at the other end. That would be it, that is in the findings of fact. Roylance: I can add that by means of a note on here. Rountree: I think that would be helpful (inaudible) Roylance: And resubmit to Gary Smith with a letter that this is our new preliminary plat and maybe suggest that we don't have to revisit this if there are no other concerns. Corrie: It will be ten lots rather than nine is that correct? (Inaudible) Roylance: That is right it would be. Corrie: Any further questions from Council? Anybody else from the public that would like to enter their testimony at this time? Council, discussion? I will close the public hearing. Entertain a motion. r , Meridian City Council May 7, 1996 Page 88 royal on the preliminary plat- Rountree: Mr. Mayor, I would move that we recommend app for Olson Bush No. 2 Subdivision conditioned on meeting all the d a note be added to the and comments tonight, Lanark Street be continued to the west a plan to indicate the buffer plantings on the southern lots of the subdivision. Corrie: Motion made by Mr. Rountree, is there a second? Tolsma: Second Corrie: Second by Mr. Tolsma, is there any discussion? All those in favor of the motion? Apposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: REQUEST FORA LANlYNEARY PLAT FOR BALLANTYNE TROUTNER BUSINESS PARK BY JIM BAL Corrie: I invite the representative from the business park. Wayne Forney, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forney: Mayor and Council I have a letter that I would like t erMa ortand Councilronmy it is dated yesterday the 7th of May. It is addressed to th Y lettefiead. You may have a copy in front of you. Do you want m an to make the ae gnment Basically Jim and I have been working with Hoff Lumber Comp Y We have work into the Ballantyne property to make a to make that change on the plat and get it reached an agreement but I didn t have tim to City staff. I think Shari has always asked for it by Thursda oa~oo~ a ks we wal be1tnext it by last Thursday at noon. So Nf n C d ash; show those' plat changes and make sure it week or this week if possible tY meets with, I think we have addressed all of the concernks b thates alr ghteand also for staff review and then come back on your agenda two wee the next item on the findings of fad on the annexation as well. Both items 19 and 20. if we could defer for two weeks we would appreciate that. Morrow: Mr. Mayor, I would move that we table both items 19 and 20 until May 21st. Corrie: I will close the public hearing le here that waited very patiently and finally gave Stiles: I am sorry there were some peop me a letter and asked that it be read into the record. MERIDIAN CITY COUNCIL MEETING: MAY 7 1996 APPLICANT: R-2 DEVELOPMENT ITEM NUMBER; 17 8~ 1$ RE4UEST; PUBLIC HEARING• ANNEXATION/ZONING/PRELIMINARY PLAT FOR OLSON-BUSH SUBDMSION NO 2 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS• SEE ATTACHED COMMENTS ~~~ O ~i '~ ~~~U ~"' ~~~a~ k~ ~~ SEE ATTACHED COMMENTS ~~ ~ ~~ ~ SEE ATTACHED COMMENTS ~~ . ~~ SEE ATTACHED COMMENTS D ~~ 6 r BUREAU OF RECLAMATION: ~~~ OTHER: gll Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission March 12, 1996 Page 30 Shearer: So these individuals that live there could go down and testify? Forrey: I don't think the Highway District notify people. I think they notify the engineers and the applicants, it is a public meeting and yes it starts at 9 o'clock. Shearer: Well if they have concerns about that street going through they should be down there to protect their interest. Forrey: Yes Shearer: Those are the people that really make the decision on this. Hepper: I think that is it, we will close the public hearing. What do you want to do? MacCoy: Mr. Chairman I recommend that based on the material that was given us this evening plus the ACHD material which has not been reviewed and still has to be decided upon that we table this issue until our next meeting which is the April 9th meeting. Oslund: Second Hepper: We have a motion by Commissioner MacCoy and second by Commissioner Oslund to table this meeting until our next regularly scheduled meeting which is April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 14 ACRES TO I-L FOR OLSON-BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members my name is Dave Roylance, I am a civil engineer, land planner representing the applicant. This project is located near the intersection of Franklin and Eagle Road, just north and west of that intersection. Bounded on the north by the Union Pacific Railroad tracks. The project contains 14.4 aces and has nine lots. We think it is supported by the Comprehensive plan. We propose central sewer and central water and ACRD approved public streets. With that can I answer any questions? • Meridian Planning & Zoning Commission March 12, 1996 Page 31 Hepper: Any questions? Have you seen the comments from the City Engineer? Roylance: Yes I have Hepper: Do you have any problem with any of those? Roylance: No I don't. Hepper: Item number, on the site specific comments item 6, 60 foot wide stub street needs to be extended toward Franklin Road are you aware of that? Roylance: We have that shown on there now and Hepper: That is a revised plat? Roylance: It is and we just got that to the City this morning, we got the comments I believe it was Thursday afternoon and made that change and resubmitted today. I think what we will do however is pursue a variance to that. For now we have shown it this way but I think we will file a variance and see how that goes. Hepper: Do these lots come under a conditional use designation? Roylance I think it was either this project or the following one Porky park, I saw that as a comment from Shari and I wonder, is that typical for the City. I guess I have to ask the question if this is rezoned and annexed. Hepper: In the past it has been especially where there are other uses adjoining those lots. It is up to the Council I guess to decide but typically that is what we have been doing to try and preserve the compatibility make sure that whatever goes in is compatible with the other property there that is not necessarily zoned the same way. Roylance: Even if you had a building program that was a principle permitted use within the zone, you still typically require a conditional use permit? Hepper: Now as I understand it we have been haven't you Wayne? Crookston: I am not exactly sure where the property is Dave, is this near Crossroads Subdivision? Roylance: I am not sure of that, Franklin Road and Eagle Road, here in the lower right had corner that is the intersection of Franklin and Eagle. North is to the top of the page Meridian Planning & Zoning Commission March 12, 1996 Page 32 and Union Pacific Railroad, I will point it out. (Inaudible) Just as a clarification we are not necessarily objecting to a conditional use permit on every lot, I guess I just need a clarification so there is no misunderstanding later on. Hepper: Those lots to the south those are Rural transitional, typically (inaudible) different zoning designation to be conditional use to be (inaudible). I don't know it is whatever you guys want to do. We will go ahead and get the rest of the comments from the public and then let these guys discuss it. Any other questions? Anyone else wish to testify on this project? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I have a visual aid, could I put that over here on this board? To give you an idea (inaudible) Hepper: If you submit this it becomes property of the City. Valentine: Yes I would like it to be the property of the City. This over here are pictures of the proposed Olson Bush No. 2 on the left, it is very picturesque and on this side is Olson Bush No. 1 and that is what they have already started and now they want to put another site right next to No. 1. If it is going to look anything like this we property owners up here, there are several homes up here we are going to have to spend our days looking down at these storage yards that are not screened, the parking lots that are not paved, parking lots that are not screened and if you come to my house and look out my deck at some of these things they have you can see, this here is from Eagle Road all of these things here and Eagle Road and Franklin Road are entryway corridors into our fine City. There has been absolutely no screening and no landscaping and this is what is required in the comprehensive plan in the policies and also in the zoning and development ordinances. I know that Olson Bush No. 1 development is not the subject that we are talking about tonight but this is going to happen not only in Olson Bush No. 2 but they are talking about on the other side of Eagle Road, Porky Park which is about 6 times bigger than these two, well four times bigger than these two altogether and that runs right along Franklin Road. So what I am getting at is we have a really problem with developing here and I would like to just mention some things that I have. I have a letter to the Commission that I would also like to enter into the record. Hepper: Now Olson Bush No. 1 is that in the City limits? (Inaudible) Valentine: Do you want copies of these now? Meridian Planning & Zoning Commission March 12, 1996 Page 33 Crookston: Are those for Olson Bush or Porky? Valentine: (Inaudible) • Crookston: If you desire you can submit them for this hearing and then just ask to have them copied in the record for Porky if that is your desire, that is totally up to you. Valentine: I would like to have them submitted for both. As concemed residents and citizens I would like to represent my family and a few of my neighbors, we have purchased our property primarily for the view. We want to protect our vested rights to the same level of qualities or higher qualities that our environment afforded since we purchased our property. Please do not allow an eyesore to live and grow in our beautiful community. You mentioned the Crossroads Subdivision, yes Croosroads Subdivision is right near this and also St. Luke's hospital in Meridian the new facility that they is within a 1/4 mile of this Olson Bush No. 2 which sets behind Olson Bush No. 1. It is a very beautiful area, it is a beautiful intersection, it is a thriving area of community and single family residences. We would like to keep it nice, we don't want to stop development but if they are going to do a project let them do it completely and as best that they can according to the ordinances and comprehensive plan and just plain common sense. It is a very scenic area, yes Olson Bush No. 1 is not the topic this evening however if you look at the development today you will understand that we are concerned and opposed to any further development unless and until this mess is cleaned up. We have submitted pictures of Olson Bush No. 1 and the proposed site of Olson Bush No. 2 for your review and for the record. As you can see Olson Bush No. 1 has not preserved the aesthetics of the area and severely damaged it. The visual pollution is degrading to the neighborhood and degrading to the community as a whole. We believe that most residents of the single family dwellings along Franklin Road and within vision of these developments will not tolerate further development that poisons our view of the sky and mountains and does not enhance our quality of life. This type of insensitivity could be stopped cold with the help of concerned citizens and the Planning and Zoning Commission and the City Council. Would you want to look at that garbage everyday for the rest of your life? Most of these folks that live in those homes along the rim they are older folks and they are soon going to be retiring. So they are going to spend a good portion of their day looking out their window and I am sure they want to look at something that is landscaped and screened. Now with Olson Bush No. 1 under their belts these same folks (inaudible) degrade our beautiful area with Olson Bush No. 2 and Porky Park No. 1 developments. What (inaudible) do these folks offer to the community (inaudible) and to the single family residents that overlook these developments. They have submitted protective covenants that are apparently used for the Broadway Place Subdivision as a guarantee of their intentions. We want to know why they do not submit covenants that were used for Olson Bush No. 1 ? Were no covenants prepared and if not why were no covenants prepared? On the other hand if protective covenants were Meridian Planning & Zoning Commission March 12, 1996 Page 34 prepared for Olson Bush No. 1 why does the development look like a junk yard and why , are the conditions of the covenants not being enforced. Do the conditions of those covenants permit such nonsense? ff there were covenants prepared for Olson Bush No. 1 we want these developers to produce them for public review. Under subsection 9-605 I of the City of Meridian zoning and development ordinances protective covenants may be prepared and recorded as part of the subdivision. However, the provisions within the protective covenants are enforceable through civil action and local government units shall not be required to enforce these provisions. I think that consequently the covenants will not give the community and the residents of the single family dwellings that will be looking directly over these developments the kind of assurances that we must be given concerning our vested rights. Specifically we are requesting guarantees from the developers and owners of all three developments. We request that these guarantees be in the form of a recorded written commitment to the Com hments thatare clean,) qu et and free of not he, developers and owners will develop establis visual pollution and hazardous or objectionable elements per the goal statements and policies of the comprehensive plan, the zoning and development ordinances and per the reasonable request of the community. And in particular the residents of the single family dwellings and property owners that are directly affected. I find it odd that there is no mention of the single family dwellings, the Meridian Academy school, the Snyder lateral in the surrounding land uses description and I have a copy of that in the back of your letter there that was in the application file. I would like to know why the seven single family homes that are along Franklin Road rim are not mentioned (inaudible) annexation of R2 development property his or her actions should be highly scrutinized because they fail to provide the Commission and the community with significant information. Specific issues that we request (inaudible) at this hearing and in their written commitment to the Commission include but are not timitedNumber two zoning and deve opment ordinances of the comprehensive plan listed below listed below. Number three, the definitions listed below, and number four the concerns of any citizen of Meridian in particular the residents of the single family dwellings and property owners that are directly affected. I won't go through everything in this but I will skip over some things. Number one the goal statements and policies of the comprehensive plan, I would like them to address the economic development policy 1.3, the land use goal statement which states all land use development in the Meridian will be considered an asset to the community and not detract from our quality of life. Policy 1.10U states that land use development must promote the design of a attractive roadway entryway areas into Meridian will clearly identify the community. In particularly residential policy 2.3U which stated that land use development must protect and maintain residential neighborhood property values, improve each neighborhoods physical condition. and enhance its quality of life for residents. Also, industrial policy 3.4 states that industrial uses adjacent to residential areas should not create noise, odor, air pollution and visual pollution greater than levels normally associated with surrounding residential activities. • a Meridian Planning & Zoning Commission March 12, 1996 Page 35 Eastern Eagle Road, light industrial review area policy 3.14 and 3.16 U states the character and type of light industrial development should be harmonized with the residential uses in this area and land uses within the Eastern light industrial review area must be clean, quiet and free of hazardous or objectionable elements. I have particular concern with issues raised in the community design section. The appearance of the City reflects a great deal about the community and the people who live in it. "Appearance also greatly determines whether or not the community is perceived as a progressive and active environment and can play a very strong role in the economics of the area. A town that is attractive will continue to draw shoppers, visitors, businesses and residents." Nearby there there has been talk of a power mall just within I guess a mile of there on the other side of the freeway. If there is not a power mall going in there, there are three other corners right there at Overland and Eagle that are going to be developed eventually into something I don't know what. On down the road toward Fairview there is talk of another, on the other side of the Crossroads development there was talk of another shopping mall of some kind. All around us is beauty and then you come to this industrial area, this right in the middle of all of this beauty and we are not paying good enough attention to that in my opinion at this time. This, the community identification policy 1.4 states that major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. The entryway corridor section states that entryway corridors or arterial roadways entering the community that introduce both visitors and residents to Meridian. City designated gateway arterials include Franklin Road east and west entrances and Eagle Road north and south entrances. Entryway corridors are a communities front door. It is acknowledged that the corridors trees or lack thereof, commercial signage and site character provide the first and often times the lasting impression of the entire community. Strong messages are delivered to the travelling public and to local citizens alike. The communities economic vitality, its willingness to ensure the safety and well being of the citizens, its degree of concem for the natural environment and the respect citizens have for one another are but a few of the messages. Therefore the entire community and most specifically its governing bodies have the right and the responsibility to guide development and redevelopment that occurs along entryway corridors. These words are not mine I am taking them right out of the policy of the comprehensive plan and the zoning and development ordinances. I cannot say things this well, but they do a pretty good job. The entrance corridor goal statement under which policy 4.4U states that we need to encourage landscape setbacks for new development on entrance corridors. The quality of environmental goal statement policy 5.1 U states that we need to preserve the aesthetic natural resources of the Meridian area. Policy 5.2U is ensure that all new development enhances rather than detracts from the visual quality of its surroundings especially in the areas of prominent visibility. Number 2, the zoning and development ordinances. Hepper: Excuse me, is there any chance you can highlight some of these things. • • Meridian Planning & Zoning Commission March 12, 1996 Page 36 Valentine: I will make it quick, I will get to the meat and potatoes. Hepper: This letter gets rather lengthy. Valentine: It does, it is going to take a lot years of my life staring-out over continued senseless destruction of our community and also there are going be a number of visitors coming to our community travel up and down. Eagle Road and Franklin Road and for a lot of years to come. They are going to be looking at the decisions we make tonight and so I want to make sure that everybody understands what, I know you are not familiar with the area but I am because I am there every day and' I look at it and I know. It is a very vital economic area in my opinion. Hepper: I guess I have kind of a quick question, there is a comment here from Shari Stiles that Olson Bush No. 1 needs to be annexed to the City, so apparently it is not part of the City right now. So apparently that was done by the Ada County Planning and Zoning and the Ada County Commissioners. Valentine: The whole thing needs to be annexed or just part of it? The Yanke part? Hepper: Well the application for Olson Bush No. 2 is within the City limits, Olson Bush No. 1 is in the County. So it kind of seems to me like you are scolding the wrong set of people. Valentine: Well no I am not, because in your recommendations to these developers you state that since Yanke owns several lots that also needs to be annexed into the City also and he is the major contributor to the eye sore over there. Hepper: But if there are restrictive covenants that have not been enforced or met maybe the County should be the ones to see that those have been. Oslund: I would like to say something, I think the point he is trying to make is the same people that did one are applying for two and he is questioning their credibility and I hear that loud and clear. I don't think we are trying to say cut it short we have heard enough I think when you are telling somebody something you kind of sold us we are going to look at it so if you could summarize. Valentine: Okay, I will summarize, Hepper: I think that we will all read the balance of this letter (inaudible). Valentine: I know you will, I want to just say that our concerns (inaudible) but are not limited to the following. The preliminary plat for Olson Bush No. 2 subdivision that we • • Meridian Planning & Zoning Commission March 12, 1996 Page 37 received via, I will skip over that, certified mail indicates that the Snyder lateral does not boundary the development. The Snyder Lateral however is the west boundary and lies adjacent to the south of the development. This adjacent portion of the Snyder Lateral would also boundary the development on most of the Southern portion had they purchased more than 14 plus or minus acres from James and Mildred Barnham. WE believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the Snyder Lateral to which it would naturally include. We also believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the seven single family dwellings between which a transition yard would be necessary for protection and beautification. Both the community as a hole and we residents of the single family dwellings in this area of immediate impact stand to lose a substantial portion of our quality of life as a result of the developer's avoiding the Snyder Lateral and a necessary transitional yard. (Inaudible) require a buffer strip or zone along the entire southern and western borders of the development. This will protect the seven single family homes from possible undesired characteristics of the industrial development. A buffer strip will also help to protect the aesthetics of Franklin Road and Eagle Road entryway corridors. We also request the Commission to require the remaining area south of the this development up to and including the Snyder lateral to be reserved and designated as a transitional yard. This area would be a buffer between conflicting land uses and would also protect the aesthetics of the Franklin Road and Eagle Road entryway corridors. We request that the Commission require the associates involved with the development of Olson Bush No. 2 to cover and enclose with (inaudible) Snyder Lateral (inaudible) at their sole cost. Students from the Meridian Academy and employees and visitors of both Olson Bush developments and nearest residents of single family dwellings will be increasingly attracted and directed toward contact with the potential hazard. We request the Commission, I will skip over that, we request that the Commission require Olson Bush No. 1 developers owners and associates to clean up and screen their junky development to demonstrate they deserve to expand before any other development applications are approved. That means pave parking lots and screen them, screen their storage yards or move them inside or better yet take them to their own back yards and put them there. We want the principles involved with this development to provide the Planning and Zoning Commission and or the City Council with a written commitment regarding the above issues and how they intend to implement or not implement those issues. We also request that the Commission ask the developers to have conditional use permits for all of these lots. In conclusion we would like to say that we are not against developing our area. However we require community concern developments such as the New St. Luke's Meridian center which is 1 /4 mile away from Olson Bush No. 1 and 2 and Porky Park. We understand that St. Luke's will develop vital land into soccer fields for the community until the land is needed for other uses. This type of world class community consciousness is what we require of the developers of Olson Bush No. 1 and 2 and Porky Park developments. They call it Porky Park, will they make it look like a park or a pig sty? That is all I have to say. • • Meridian Planning & Zoning Commission March 12, 1996 Page 38 Hepper: Questions? Thank you. Brad Miller, 3084 East Lanark, Meridian, was sworn by the City Attorney. Miller: I represent the R2 development, I work for Ronald Van Auker. Mr. Valentine has presented some inaccurate information. Olson Bush No. 1 was not developed by R2 Development, Olson Bush 1 was developed by Mr. Olson and Mr. Bush. We purchased 14 acres from Mr. Olson and Mr. Bush. Another thing that Mr. Valentine who by the way called me, I have spoken to him on the phone three or four times and he told me he was a strong supporter of the project, one of the two to speak in favor of it and maybe he did. But the other thing he didn't point out here he didn't point out the north side of Lanark which shows the building that we have developed, which there are only 3 lots on Lanark that are in the City limits. The corner piece which is on the northwest corner which is vacant right now and the tan building with two gray stripes around it. I think that if you went over there and looked at that you will see that is a fine looking building and a fine looking property. I also suggested to Mr. Valentine. that he go and look at some other developments that we have, I gave him a number of different developments. I told him to go over to TK Avenue at Federal and Broadway where Big 0 Tire is, B & D Foods, Mountain States Microfilm, JoAnn Fabrics, Idaho Candy, Gem Distributing, (inaudible) and a new building we just did for Hertz equipment rental. I think that you would find those are fine developments through there and you would be proud to have those in your backyard. The eyesore that he is talking about across the street has nothing to do with us, Olson and Bush sold off those lots individually. I know of no CC&R's that exist on the property. I looked through our ownership records when we purchased the property and I see no CC&R's. So the parcels are all individually owned. So it has nothing to do with us, nothing to do with the 14 acres at the end of the street. We appreciate the concerns that Mr. Valentine and the neighbors have and if they will look at some of our other developments they will see that they are fine looking developments and quality construction, quality tenants and I don't know of any junk that we have in any of those buildings that I suggested he go take a look at. If there are any questions I would be happy to address them. Hepper: Questions? Are you going to have CC&R's in your phase? Miller: Absolutely, we submitted those and said that they are going to be the same as we have done on the Broadway West subdivision in Boise. I suggested that Mr. Valentine go over and take a look at those and apparently he hasn't. Hepper: Would those require fencing of any construction areas or yards? Miller: Absolutely, screened fencing. • • Meridian Planning & Zoning Commission March 12, 1996 Page 39 Hepper: Paved parking areas? Miller: Absolutely, and that is all included in the zoning ordinance for light industrial zoning and we intend to fully comply with. Hepper: What about the yards themselves will they be paved? Miller: We pave all of our yards yes. Hepper: The storage areas in the back of the buildings will be paved? Miller: Every storage area that we have currently is paved yes. Hepper: And this one would be the same? Miller: Well one of the things to consider is we don't know who is ultimately going to move into those buildings which will be constructed there. Our anticipation is that we will subdivide that property build the buildings and lease the buildings out. We will continue to own the buildings which we do in most of our developments. At some point we may sell one or two of the buildings off but we also have a high incentive to keep it a nice looking area since we actually are the property owners. Hepper: Would the restrictive covenants require the storage yards to be paved? Miller: I think that is part of the zoning ordinance as it is. I can't say right now if our current CC&R's for the Broadway has that in it. I am not opposed to that at all. Hepper: I think inherently where they are sitting up so high that they really have a birds eye view looking down on the backs of those buildings, so there is some real potential there for people to keep the front of their building looking nice and the back is where they store their stuff and of course that is right where these people are looking. So I think there needs to be some incentive there to try to get these tenants or property owners to try and maintain that. Certainly screened fences would be a part of it and paving to keep the weeds down. Any other questions? (End of Tape) Valentine: I would just like to respond to some of the accusations that Brad Miller made against me personally. I spoke to him on the phone and I did tell him that yes I would like to support his development and I asked him about the trash that is not being screened out there and he told me that he tended to look right though it. It is not a matter of building a • Meridian Planning & Zoning Commission March 12, 1996 Page 40 building and put a few of your things in the back and no screening them they haven't built . buildings, instead of building buildings on that lot they have streamed their stuff all over the place. He says that he has nothing to do with that over there, I think we all have something to do with that. If not he than who does have something to do with that, it is his neighbors, it is a direct, well it is a direct, it is a neighborhood, what more can I say. Thank you. Oslund: I have a comment to you, it sounds like we have two issues. One is we have a development that we are looking at and apparently they are not the same owner. We can handle that at P & Z. We have an issue with some existing properties that are maybe violating the zoning ordinance I don't know. There is an enforcement officer with the City that addresses those types of things, trash in yards and junk all over. Except that is the in the County so you will need to, we are kind of in a tough spot and I don't know what the County has in terms of enforcement. Valentine: Did they buy that whole are alt of those buildings from Olson Bush No. 1? (Inaudible) Valentine: Had you bought previously and sold it off to them? (Inaudible) Valentine: Okay, but there is absolutely no screening of anything. Shearer: That is in the County, we don't have anything to do with the County. Valentine: It is right next door. Shearer: I sympathize with you it is a mess. MacCoy: Mr. Valentine before you run away there, I think it is only fair that you did a fair job here I think a good job of presenting your case. You understand it very well and I think we all agree with what you had to say about wanting to live in a nice community and have a good entrance way. You have heard us from the standpoint that there is County and City involved in this thing. I think the (inaudible) highlighted that behooves us to at least look into that to see what the County would do and I think you are deserving of an answer for that. So thank you for your time. Valentine: I can expect one then probably then. • Meridian Planning & Zoning Commission March 12, 1996 Page 41 MacCoy: I think we will (inaudible) Valentine: Call me anytime, thank you. • Bill Tonkin, 2660 East Franklin Road, was sworn by the City Attorney. Tonkin: I just wanted to afFrm the comments made by Mr. Valentine and point out that five of the 7 property owners that overlook the property are here tonight. I am certainly not going to repeat everything he said, but I really think you understand the problem and that we are merely reacting to something that has occurred and we certainly don't want it to occur again and I am sure you don't either. We appreciate your time. Hepper: Thank you, is there anybody else that wishes to testify? Carl Schnebly, 2690 East Franklin Road, was sworn by the City Attorney. Schnebly: I would like to take and reiterate the same expressions of Mr. Valentine and I realize that we are on the verge of a lot of expansions and so on but I certainly don't agree with this proposal as stated. I furthermore feel if it is approved we are going to have a lot of rubbish. I know that here some time ago that the Meridian garbage collectors wanted to make a distribution area at the end of Pine Street which I believe you all remember that. I am afraid something like this is going to happen, it don't make any difference what we do and I am certainly not in agreement in any way of having that kind of a unit put down there and therefore I appreciate the fact that you people have and your determination will be in our hands I know. Therefore I would like to say that I am not in agreement with this. Hepper: Thank you, is there anybody else that wishes to testify? Okay, Mr. Roylance? Roylance: Thank you I will be brief here. I think we support exactly what the neighbors said, we also can't endorse that although this developer didn't create that and it is in the County. That is not at all what we are trying to represent here. In fact, maybe one of the best ways to control that exact thing is annex it, bring it into the City and put your own rules on it and you can do that. You can do that in a development agreement and that is a requirement of this project is a development agreement and that is the perfect instrument to include all of those kinds of protection and controls. It can also do it at the design review stage and when the building permits are issued att of that can be a condition that you screen this, do this. to fact Shari Stiles, no. 3 in her letter calls for 35 foot of setback on eagle Road and Franklin. So a lot of these things that these people spoke either are addressed or can be addressed in tools that you already have. If it is in the County you can't control it. Thank you. • • Meridian Planning & Zoning Commission March 12, 1996 Page 42 Hepper: Thank you Dale Fletcher, 2730 East Franklin, was sworn by the City Attorney. Fletcher: I agree with Mr. Valentine there but I am a little confused here. 1 thought we were in the County, we did we become in the City? Crookston: This is a request to be annexed. Fletcher: That is what I thought, somebody stated that we were already, you have the County and the City going together here. As far as I know right, now we are in the County. Shearer: Yes (inaudible) Fletcher: Okay, thank you very much. Hepper: Anybody else wish to testify? Oren Mayes, 5768 Marcliffe, Boise, was sworn by the City Attorney. Mayes: I moved out on Franklin in 1963 and lived out there for 30 some years. Most of that property along that rim of Franklin road was developed for subdivided off about the time I moved out there. Then the people when they bought it same I knew when I bought my farm that from the railroad to Franklin Road was almost even those days was declared industrial properly. There was no question it was going to be industrial property. So when they built their home they knew they were going to build above an industrial park someday it was going to happen. That is all I have to say, that these people are complaining when they knew there was going to be an industrial park below them, it is kind of ironic at the most. Hepper: Thank you, is there anybody else that wishes to testify? Seeing none I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Hepper: Mr. Shearer has moved that we prepare findings of fact and seconded by Commissioner MacCoy, all those in favor? Opposed? • Meridian Planning & Zoning Commission March 12, 1996 Page 43 MOTION CARRIED: All Yea Hepper: This will be sent on to our City Attomey and then will be back for our next meeting to see what kind of restrictions the City attorney, what kind of legal issues might be involved with it. ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON- BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Okay, we will open the hearing, do we have a representative, Mr. Roylance? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Can I just say that all of the things I said at the other one be incorporated into this public hearing I don't' know that I need to add anything. With that are there any questions? Oslund: I have a question, probably the most basic, where did you get the name Porky Park? Hepper: We aren't there yet. (Inaudible) Hepper: Thank you, is there anyone from the public that wishes to testify on this? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I would just like to have everything that I said before be entered into the record, are there any questions? Hepper: Thank you, does anybody else wish to testify or comment? Seeing none we will close the public hearing. Shearer: Mr. Chairman, I move that we table this until the next meeting when our findings of fact and conclusions on this project come back. MacCoy: Second Hepper: That is to a date certain of? • • Meridian Planning & Zoning Commission March 12, 1996 Page 44 Shearer: April 9th. Hepper: Okay, we have a motion by Commissioner Shearer, and seconded by Commissioner MacCoy to table this request until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION N0. 1 BY RON VAN AUKER: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members as mentioned my name is Dave Roylance I am a civil engineer and land planner representing the applicant. This subdivision Porky Park is located at the NE intersection of Eagle and Franklin Road. It contains 19 building lots and has 63.88 acres approximately. We propose central sewer, central water, Ada County Highway District public streets built to their standards. The project is in the City limits and as I understand it is already zoned Light Industrial and General Commercial I think in portions of it. So we believe this is an appropriate use for that zone. Apparently we are already in the City limits. Can I answer any questions other than the name? MacCoy: Do you have any answer for your name? Roylance: Yes sort of, I don't know if it is an answer but Ron Van Auker has kind of an odd sense of humor which I can associate with. I just asked him what do you want to call this we need a name and he looked right at me and said Porky Park and then laughed, I said really and he said yes. I am hoping it is not referring to me but I don't know. Oslund: Does he intend to market it with that name or just to file a plat with that name? Roylance Well he did Donkey Park and he marketed it that way. I guess if that is objectionable to the City, that is the answer I got that is exactly what happened. So, I said we are going to be fielding a lot of questions and a lot of people on why is it called this. I don't know if it is going to be a serious concern or more of a tongue in cheek but it is going to come up a bunch, can't we just give it a name of something else and move on. He said keep it at that. OFFICIALS ~ HUB OF TREASURE VALLEY ~" COUNCIL MEMBERS WILLIAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA BENTLEY E C GLENN R BRUCE D. STUART, Water Works Supt. . JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: March 6, 1996 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineerl~~=~~i Re: OLSON AND BUSH INDUSTRIAL PARK NO. 2 (Request for Annexation/Zoning & Preliminary Plat - By R2 Development) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: The existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. C:\WPWIN60\GENERAL\OLSBUSH2.P8rZ ~ ~ Mayor, Council and P&Z March 6, 1996 Page 2 8. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 9. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerks Office prior to the scheduled hearing date. SITE SPECIFIC COMMENTS: The legal description contained in the application for Annexation and Zoning describes more property than what is shown on the Preliminary Plat map, however the legal description submitted with the Preliminary Plat application that was prepared February 20, 1996 by Roylance & Associates and titled "Legal Description for R2 Development -Olson and Bush Industrial Park No. 2 Preliminary Plat - 14.39 Acre Tract" appears to describe what is shown on the Preliminary Plat. If it is your intention to request Annexation and Zoning for more property than what is shown on the Preliminary Plat map, a new legal description must be prepazed to include all the intended property including those portions of adjacent Rights-of- Way. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all provisions of City of Meridian Resolution No. 158. 2. Water service to this development shall be from an existing main installed along the westerly side of Eagle Road. All water mains shall be installed, at subdivider's expense. Locations shall be coordinated through the Public Works Department. 3. Sewer service to this development shall be from a main that is currently being designed by Pacific Land Surveyor as part of the "Ronald W. VanAuker, Inc. -Sewer Project" 4. When sewer and water mains are installed to service this subdivision, access to sewer and water will be directly adjacent to the twelve Lots in Olson and Bush Industrial Park No. 1, an Ada County Subdivision. 5. Show, label and dimension,~11 existing easements and/or right-of--way within or adjacent to the subject parcel, i.e. "Union Pacific Railroad", "Evans Drain", "Snyder Lateral", and the 60 foot wide easement going to Franklin Road and any other easements of record. 6. A 60 foot wide stub street needs to be extended toward Franklin Road, adjacent to the easterly subdivision boundary. This stub street would align with the existing 60 foot wide easement across the parcel south of this development. Sewer and water mains shall be extended to the south boundary of this development within the stub street. These mains shall be installed, at subdivider's expense. Locations shall be coordinated through the Public Works Department. C:\WPW IN60\GENERAL\OLSBUSH2.P&Z Mayor, Council and P&Z March 6, 1996 Page 3 7. The location of the proposed sewer main exiting the development appears to be in error. Coordinate with Pacific Land Surveyors for the actual design location. A 20 foot wide common area Lot needs to be centered over the proposed sewer main between the right of way of Lanark Street and the north boundary of this development. Ownership and maintenance responsibility of the common area Lot shall remain with the owners association. A blanket easement shall be granted to the City of Meridian for the operation and maintenance of the sewer main. 8. 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 9. The length of the cul-de-sac exceeds the maximum allowed per City Ordinance. No variances have been requested for the excessive length. 10. The treatment capacity of the City of Meridian's Wastwater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. C:\WP WIN60\GENERAI.\OLSBUSH2.P8rZ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ~ GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Stiles, Planning & Zoning Administrator DATE: March 11, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY REcE~vE~ ~~~ ~ ~ ~~~ CITY OF MERIDIAN SUBJECT: Request for Annexation and Zoning of 14.721 Acres to I-L with a Preliminary Plat by R- 2Development (Ronald Van Auker and Ron Yanke) This request for annexation and zoning of I-Lis in general conformance with the Meridian Comprehensive Plan. Detailed conditions of approval need to be agreed to by Applicant as a condition of annexation. The following comments are given for vonsideration by P&Z/Council during the application: All parking areas shall be landscaped and provided with underground sprinkler systems to meet the requirements of 11-2-414.D. 2. Detailed site plan review will be required at time of building permit application. This site plan review will ensure compliance with all City Ordinances. 3. As Ron Yanke is the owner of seven lots in Olson Bush Subdivision No. 1, these lots should be annexed to the City of Meridian. Not having this entire area annexed along the frontage of Lanark Street can create problems for the Meridian Police Department, and any development of these additional lots should take place under the requirements of Meridian City Ordinance. 4. Provide 60-foot-wide stub street to the south at location of existing 60-foot-wide easement. No additional access will be granted to the property south of this development from Eagle Road. 5. Provide letter of approval from appropriate irrigation district(s) for tiling of existing laterals/drains. 6. Provide permanent non-combustible fencing adjacent to Union Pacific Railroad right-of--way prior to obtaining building permits. No encroachment of this right-of--way is permitted. In addition, at minimum, temporary fencing to contain construction debris will be required for all development. 7. Applicant has indicated this is a commercial/industrial development but has requested Industrial Zoning. If this development is to be considered as a mixed-use developmen, a conditional use permit application for a planned developmen shall be submitted and approved. • • Sixty-foot-wide proposed Lanark Street should be readjusted to provide a better transition from the existing 50-foot-wide section. Streetlights are to be in place prior to obtaining building permits on any parcel. 10. Submit a revised preliminary plat incorporating required staff and agency changes and showing all existing easements a minimum of two weeks prior to City Council hearing. 11. All sewer/water line locations should be located in public right-of--way or within a common lot. ~ ~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN R-2 DEVELOPMENT OLSON AND BUSH INDUSTRIAL PARK NO. 2 ANNEXATION AND ZONING A PORTION OF THE SE 1/4 OF SECTION 8, T. 3.N., R. 1.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 12, 1996, at the hour of 7:30 o'clock p.m., that Dave Roylance, a civil engineer and land planner representing the Petitioner, appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for March 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 12, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 1 reference is incorporated herein; that the property is approximately 14 acres in size; that the property is situated within the City of Meridian's Area of Impact and Urban Services Planning Area. 3. That the property is presently-zoned by Ada County as RT rural Transition; that the Applicant requests I-L Light Industrial zoning for the property; that currently the property is being used as pasture land. 4. The general area surrounding the property is used for light industrial. That to the north is the Union Pacific Railroad and on the other side of the railroad is the Elixir Industries property which is a light industrial use; that to the west is pasture and the school district bus facility and to the south and west is the light industrial use of YMC and Van Auker. 5. That the property is now adjacent and abutting to the present City limits. 6. That R-2 Development/Ronald VanAuker is the Applicant; that the Applicant does own of the land and has consented to this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the requested zoning of Light Industrial District (I-L) is defined in the Zoning Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean,- quiet and free of hazardous or FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 2 • objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 8. That the Applicant's representative, Mr. Roylance testified that this project it located north and west of the intersection of Franklin and Eagle Road; that to the north are the Union Pacific Railroad tracks; that the project contains 14.4 acres and has nine (9) lots; that the Applicant proposes central sewer and central water and ACRD approved public streets. 9. That the comment from Bruce Freckleton, the Assistant to the City Engineer, regarding a 60 foot wide stub street being extended toward Franklin Road, stated that the Applicant may pursue a variance to this requirement. 10. That comments were submitted by the Assistant to the City Engineer, Bruce Freckleton, the Planning and Zoning Administrator, Shari Stiles, the Meridian Police and Fire Departments, the Ada County Street Name Committee, and the Central District Health Department, and are incorporated herein as if set forth in full. il. That Bruce Freckleton commented that any existing irrigation/drainage ditches crossing the property, to be included in this project, shall be tiled per City Ordinance 11-9-605 M; that any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 3 • except wells may be used for non-domestic purposes such as landscape irrigation; that a master street drainage plan be submitted, including the method of disposal & approval from the affected irrigation/drainage district; that a profile of the subsurface soil conditions shall be submitted to determine the seasonal high groundwater elevation and prepared by a soil scientist with the street development plans; that a copy of the proposed restrictive covenants and/or deed restrictions be submitted for review; that 5 foot wide sidewalks be provided according to City Ordinance Section 11-9-606 B~. ; that a letter from the Ada County Street Name Committee, approving the subdivision and street names, be submitted making any necessary corrections to the preliminary Plat map prior to re-submittal to the City; that the fire hydrant placement, with the City of Meridian's Water Works Superintendent assistance, be coordinated; and that response in writing to each of the comments on the revised Preliminary Plat Map be made to the City Clerk's office prior to the scheduled hearing date. 12. That specific site comments from the Assistant to the City Engineer, Bruce Freckleton were the following: a. That the legal description contained in the application for Annexation and Zoning describes more property than what is shown on the Preliminary Plat map, however the legal description submitted with the Preliminary Plat application, by Roylance & Associated and titled "Legal Description for R2 Development - Olson and Bush Industrial Park No. 2 Preliminary Plat - 14.39 Acre Tract" appears to describe what is shown on the Preliminary Plat; that if it is the intention to request Annexation and Zoning for more property than what is shown on the Preliminary Plat map, a new legal description must be prepared to include all the intended property including those FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 4 • portions of adjacent Rights-of-way and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all provisions of the City of Meridian Resolution No. 158. b. Water service to this development shall be from an existing main installed along the westerly side of Eagle Road and all water mains shall be installed, at subdivider's expense and locations shall be coordinated through the Public Works Department. c. Sewer service to this development shall be from a main that is currently being designed by Pacific Land Surveyor as part of the "Ronald W. VanAuker, Inc. - Sewer Project". d. When sewer and water mains are installed to service this subdivision, access to sewer and water will be directly adjacent to the twelve Lots in Olson and Bush Industrial Park No. 1, an Ada County Subdivision. ` e. Show, label and dimension, all existing easements and/or right-of-way within or adjacent to the subject parcel, i.e. "Union Pacific Railroad", "Evans Drain", "Snyder Lateral", and the 60 foot wide easement going. to Franklin Road and any other easements of record. f. A 60 foot wide stub street needs to be extended toward Franklin Road, adjacent to the easterly subdivision boundary. This stub street would align with the existing 60 foot wide easement across the parcel south of this development. Sewer and water mains shall be extended to the south boundary of this development within the stub street. These mains shall be installed, at subdivider's expense and locations shall be coordinated through the Public Works Department. g. The location of the proposed sewer main exiting the development appears to be in error. Coordinate with Pacific Land Surveyors for the actual design location. A 20 foot wide common area Lot needs to be centered over the proposed sewer main between the right of way of Lanark Street and the north boundary of this development. Ownership and maintenance responsibility of the common area Lot shall remain with the owners association. A blanket easement shall be granted to the City of Meridian for the operation and maintenance of the sewer main. h. That 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense; that typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 5 • i. The length of the cul-de-aac exceeds the maximum allowed per City Ordinance; that no variances have been requested for the excessive length. j. That the treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application seeds to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 13. That Shari Stiles, Planning and Zoning Administrator, submitted comments and they include the following: a. All parking areas shall be landscaped and provided with underground sprinkler systems to meet the requirements of 11- 2-414.D. b. That a detailed site plan review will be required at the time of the building permit application; that this site plan review will ensure compliance with all City Ordinances. c. That the seven (7) lots is Olson Bush Subdivision No. 1, by owner Ron Yanke, should be annexed to the City of Meridian; that not having this entire area annexed along the frontage of Lanark Street can create problems for the Meridian Police Department, and any development of these additional lots should take place under the requirements of Meridian City Ordinance. d. Provide a 60 foot wide stub street to the south at the location of the existing 60 foot wide easement; that no additional access will be granted to the property south of this development from Eagle Rand. e. Provide a letter of approval from the appropriate irrigation district(s) for tiling of existing laterals/drains. f. Provide permanent non-combustible fencing adjacent to Union Pacific Railroad right-of-way prior to obtaining building permits. No encroachment of this right-of-way is permitted. In addition, at minimum, temporary fencing to contain construction debris will be required for all development. g. Since the Applicant has indicated this is a commercial/industrial development but has requested Industrial Zoning, a conditional use permit application for a planned development shall be submitted and approved if it is to be considered as a mixed-use development. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 6 • h. Sixty foot wide proposed Lanark Street should be readjusted to provide a better transition from the existing 50 foot wide section. i. That streetlights are to be in place prior to obtaining building permits on any parcel. j. Applicant shall submit a revised preliminary plat incorporating required staff and agency changes and showing all existing easements a minimum of two (2) weeks prior to City Council hearing. k. All sewer/water line locations should be located in public right-of-way or within a common lot. 14. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application and the following is a summary of their testimony: a. Guy Valentine testified, bringing visual aids to show his concerns regarding this development; that with respect to Olson Bush No. 1 development, there has been absolutely no screening and no landscaping done; that his concern is this will be the case with this application; that storage yards not screened, parking lots not paved or screened; that representing some concerned citizens and residents in the area, they want their right protected to the same level of qualities or higher qualities that the environment affords; that this is a thriving area of community and single family residences and the residents would like to keep it that way; the visual pollution is degrading to the neighborhood and the community; that the protective covenants will not give the community the kind of assurances that must be given concerning the residents' vested rights; that written guarantees from the developers and owners committing this development to provide a clean, noise-free environment, free of pollution and hazardous elements which are objectionable to the residents and property owners that are directly affected. Mr. Valentine summarized in saying that the residents believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the Snyder Lateral and well as to avoid being adjacent to the seven single family dwellings between which a transition yard would be necessary for protection and FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 7 • • beautification; that a buffer strip would help with the aesthetics of Franklin Road and Eagle road entryway corridors; that this Commission require Olson Bush No. 1 developer and owners to clean up and screen their junky development to demonstrate they deserve to expand before any other development applications are approved and to require conditional use permits for all the lots; that the residents, including himself, are not against developing the area. b. Brad Miller, representing R2 development, testified that the information presented by Mr. Valentine is about the Olson Bush No. Z development, of which, R2 development had nothing to do with; that on the. north side of Lanark, R2 development has a fine looking building and fine looking property; that R2 has other developments of equally fine looking character that Mr. Valentine would be proud to have in his backyard; that C C & R's have been submitted in this phase; that screened fencing will be provided in the construction areas or yards; that all parking areas will be paved, including the yard themselves; that every storage area which R2 has currently constructed, is paved, and that this development would be the same; that R2 development does not know who ultimately will move into the buildings being constructed in this project, but the anticipation is that the property will be subdivided, buildings built and leased out; that at some point the Applicant may sell one or two of the buildings, but keeping the area looking nice is would be an incentive since the Applicant is the property owner. c. That Bill Tonkin, testified, affirming the earlier testimony of Mr. Valentine; that the property owners that overlook this property, are merely reacting to something that has occurred and don't want to see it repeated. d. Carl Schnebly, offered testimony that he does not agree with this proposal as stated and reiterates that same expressions as that of Mr. Valentine. e. Dale Fletcher testified that he too, is in agreement with what Mr. Valentine had to say. f. That Mr. Oren Mayes testified, stating that some 30 odd years ago when most of the property along the rim at Franklin was developed and subdivided, there was no question to whether this was going to be industrial in light of the railroad; that folks are complaining about an industrial park development taking place below them when they knew an industrial park was going to happen FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 8 someday. ~J 15. 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. 16. That the property can be physically serviced with City water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 17. That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial, and industrial uses. 18. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desirable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 9 • water supply and water pressure are available for fire protection. and under the .Eastern-Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade. Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive ,atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 19. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as being in a Mixed/Planned Use Development area. 20. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 10 L~ • "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services .without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation would be helpful. 21. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may development fee or a transfer fee on residential if possible, would be retroactive and apply to City, because of the imperilment to the health, we FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT impose either a property, which, all lots in the lfare, and safety PAGE 11 • of the citizens of the City of Meridian. 22. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 23. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 23. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 24. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only, or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 12 • 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 25. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Aighway District) when reviewing bicycle and pedestrian pathway provisions within developments." 26. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 27. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 13 • 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 14 • • with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting 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 stated uses; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intentions for 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 as conditional uses. 13. That it is concluded that the City could annex the property and zone it as requested but once the property was zoned the Applicant could place many different uses on the property FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 15 • • 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 Comprehensive Plan. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road and Franklin Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, that such limitation, should also apply to the land in the area where the property is located, 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 Industrial Planned Development or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned Light Industrial (I-L), as requested in the Application, but shall only be capable of being developed as a planned commercial development or under the conditional use permit process. 16. That, as a condition of annexation and the zoning the Applicant shall be required to meet all Ordinances of the City and specifically the below stated Ordinance requirements and shall also 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 16 • 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches 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 development. 10. Establishing a landscaped setback area all along the properties southern border and plant trees that will grow to a height in excess of the twenty (20) feet, but not higher than forty (40) feet and which shall be not more than twenty-five ( 25 ) feet apart at the time of planting, shall be six (6) feet in height when planted, and an irrigation system shall be constructed, water and fertilizer supplied to the trees to allow adequate growth. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 12. The sewer and water requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 17 13. Traffic plans and access into and out of any development. 14. Meeting all parking and paving ordinances. 15. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of-the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that the above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and zoning the parcel, but no development agreement has been agreed on, or even discussed. The land could be subject to de-annexation if an acceptable development agreement is -~~. ultimately agreed upon after the annexation ordinance is passed. It is concluded that the land should be annexed and zoned, but not subject to de-annexation if a development agreement is not entered into. 18. That it is concluded that the annexing and zoning of the property would be in the best interests of the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City. 19. That the requirements of the Meridian Police Department Meridian City Engineer's office, Ada County Highway District, FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 18 ~ ~ Meridian Planning Director, Central District Health Department, and the applicable irrigation district, shall be met and shall be addressed in a development agreement, which may be entered into after an annexation and zoning ordinance is passed and adopted, but prior to a final plat. 20. 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. 21. That the Applicant shall be required to connect to Meridian water and sewer, at it's expense, 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 finally entered into. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 19 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City ouncil f Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED VOTED VOTED ~C VOTED ~- VOTED The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement, as required herein, and if Applicant does not do so that the land be de-annexed; 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: ~ \ FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT DISAPPROVED: PAGE 20 ~M G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHQ 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Ilflarch 51996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Annexation/zoning/Preliminary Plat for Olson-Busch No 2 Subdivison BY: R-2 Development LOCATION OF PROPERTY OR PROJECT: North of Franklin Road~West of Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, 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(PRELI & FINAL PLAT) BUREAU OF RECLAMATION R~FINAL PLAT) CITY FILES / YOUR CONCISE D ~~s 2 s ~sss CITY 01=' MERIDIAN W~fr: BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HU ~ B OF TREASURE VALLEY GOUNGIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF ~VIERIDIAN RONALD R. TOLSMA E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivecs License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 5, 1996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Annexation/zoning/Preliminary Plat for Olson-Busch No 2 Subdivison BY: R-2 Development LOCATION OF PROPERTY OR PROJECT:- North of Franklin Road West of Eagle Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) .-WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: ~ _ ~ 3 ` FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY • p ~ S ; ~` ~~ --~ ~ CITY ENGINEER CITY PLANNER .,~ ~. ~.~ ~ ;,~ .~ s ~+n) c7 ~ : ~2 ~ ~;/ ~.,,,~~~[~. 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EASTLAKE, Secretary TO: R-2 Development 3084 E Lanark Meridi I 83642 FROM: Kar n lagher, ordinator Development Services Division SUBJECT: Preliminary Plat-Olsen-Bush #2 Subdivision Franklin Rd and Eagle Road ~E~~'~~D ~~R ~~ ~ ass CITY t~~ iVIERIDIAN April 11, 1996 On April 10, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. 1•f public street improvements re required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, t er with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street imprcvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • April 11, 1996 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee chazged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one yeaz. An extension of one yeaz will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Roylance and Associates City of Meridian AD~COUNT • Y HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat/Annexation -Olson-Bush No. 2 Franklin Road and Eagle Road Meridian Olson-Bush is a 9-lot industrial subdivision on 14-acres with an annexation request to the City of Meridian with a change in zoning designation from RT (rural transition) to I-L (light, industrial). The site is located north of Franklin Road and west of Eagle Road, to the west of Olsen-Bush Subdivision No.l (Lanark Street). This development is estimated to generate 1,800 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Franklin Road Eagle Road Lanark Street ACHD Commission Date -April 10, 1996 - 7:00 p.m. • PAN • -~ I SJTE 6x~snN~ -----------_- R~G11t-oF•wAK .. _ _ _ _ _ _ ~ _ _ 3o-F6ET ~ ~ w~~E ~ ! !II I ~ Franklin J ~ c~ ~ ~~ J .-, ~ D Z Y J ~ ~ Q r-, }' J ~ Y .-+ O ~ J `~ ~ A W J ~ ~ ~ .--~ _1 D ~ U .J J ~ ~ Q Da ~~~d~ J ~ ---~ .~ r^.~/~ .-~ .J-i ~ v• _1 .-ti ~ U ~' W ~ 0 ~ ~ o~ (~ 2 ~ ~-- J ~ ~ r U( ~( l O6CL-9Cj~ 90LCY P4PPI sspB Z-0 s7!~S PPau~3 619- v/s m~~a sno Puol sod stn~ns uaa, u!8 u3 Vd 83 tJ088V ONV 39NV1AOli~i ~ e ~ j ~ ~vo~ rw uo Z • HSf19~ONV NOSSOaN' 3~ ~• ....~ ,e„ LC9l-OlS6 ul `~ > ~ W N U W g CC w ~ 0 ~ '~ ~ ~ ~~ s E 1 ~~~~~~ ~~ ~ ~~.~~~~Y~_~~~ s ~ ~ ~~ r @ 4 ~E~e~~~~ailf~ w w ~ ~ r ~ ~ o x t Q h U N< D 0~ 2z ~n ode ~J~ F~O ~¢Z~ ~~p F ~~O ~;~ ~ZO <p 0~ aD to JO Qn 8 H H O a ~ 'a ~~ ~`~ ;:Qs ~ ~tl~p s~ ~ ~~b~~ ~~ ~~~ g~ Facts and Findings: • • A. General Information RT -Existing zoning I-L -Requested zoning 14 -Acres 9 -Proposed building lots 0 -Square feet of existing building 375 -Total lineal feet of proposed public streets (approx) 267 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Lanark Street Local industrial with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of--way to the east of the site 58-feet required right-of--way (29-feet from ultimate street centerline) Lanark Street is improved to the east of this site (Olsen-Bush No.l) with 41-feet of pavement with industrial curb, gutter and no sidewalk. Eagle Road Principal arterial with bike route designation Traffic count 23,385 on 6/14/94 0-feet if frontage Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Please submit application materials to ITD for review and requirements of that Department. Contact District III Traffic Engineer Gary Moles at 334-8340. C. The site is undeveloped. Olsen-Bush Subdivision No.l abuts the site's east boundary. The Union Pacific Railroad abuts the site's north boundary. D. In accordance with District policy, staff recommends that the applicant be required to construct the streets within the subdivision with curb, gutter, 5-foot wide concrete sidewalks, and a 41-foot street section in 58-feet of right-of--way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. E. The applicant has modified the preliminary plat at the request of the City of Meridian to include a stub street to the south along the east boundary of the site. This stub street will provide access to the large parcels abutting the southern boundaries of Olsen-Bush OLSON2. WPD Page 2 Subdivision No. 1 ~ 2, since these parcels are located at s~nificantly lower elevations than Eagle Road and Franklin Road complicating access to Eagle Road and Franklin Road. Staff supports this stub street. F. Staff recommends that Lanark Street be extended to the west boundary of the site to allow for extension in the future, possibly to Lanark Street to the west, Locust Grove Industrial Subdivision, and/or another future street connection to Franklin Road. The applicant has stated that the Synder Lateral at the site's west boundary will be tiled. Staff recommends that the pipe through the right-of--way be installed to accommodate H-25 loading. G. Both stub streets will be required to have temporary paved turnarounds with temporary easements provided to the District. H. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant(s) pave the driveway(s) its full required width of 30 to 40-feet to at least 30-feet beyond the edge of pavement of Lanark Street. I. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. J. This application was tabled at the March 12, 1996, public hearing by the Meridian Planning and Zoning Commission. The application was received by the District on February 22, 1996, and an electronic file of the preliminary plat was received on March 22, 1996. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 58-feet of right-of--way for Lanark Street from the east parcel boundary to the west parcel boundary by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will ~ be compensated for this additional right-of--way. 2. Provide a temporary easement for a paved turnaround at the site's west boundary. Construct curb, gutter, 5-foot wide concrete sidewalks and a 41-foot street section for Lanark Street through the parcel. 3. Install the pipe for the Synder Lateral through the right-of--way for Lanark Street to accommodate H-25 loading. 4. Construct a stub street from Lanark Street to the south boundary of the site abutting the east boundary of proposed Lot 10. The stub street shall be improved to a 41-foot street section with 5-foot wide sidewalk on both sides within a 58-foot right-of--way. Provide a temporary easement and a paved turnaround at the south end of the stub street. OLSON2. WPD Page 3 5. Driveways shall be a minimum of 30-feet wide and a maximum of 40-feet wide, paved a minimum of 30-feet beyond the back of sidewalk. Shared driveways are encouraged. 6. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. T: he request shall specifically identify eac ~111rRmPnt to hP rPrnnci~iara~i an.i ;nrlnrla a ~='rltten explanatlOn Of why such a requirement c=could re ult in a be antial hard hip or i~ity The wri Pn request shall be cLbmitted to he Di trict no later h n 9.00 a m on he day scheduled for Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reco . ideration hall cpeci_ fical~ identify each requirement to hP rP!`nnc;r~PrPr~ and ;n~~„.~P Wri en doc,lm ntatinn of data that was not available to the Co miccinn at rh rimP of itc original de~~~~n^ The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. 4. 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. Utility street cuts in rnarlc paved within the Tact five year will no hP allowed u le approved by the Dictr;cr C'nmmiccinn Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to District approval of the final plat or issuance of building permit (or other required OLSON2. WPD Page 4 permits), whiche~ccurs first. The proposed drainage s~em shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. 6. Locate driveways a minimum of 5-feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. OLSON2. WPD Page 5 • 17. Submit three sets of street construction plans to the District for review and appropriate action. 18. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 22. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 23. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 25. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Date of Co miccinn ApI?1ov__al' APR 12 1996 OLSON2. WPD Page 6 SUBDIVISION EVALUATION SHEET M;R-7i~W~ CdTY OF A~4E~I~'LP-l'~ Proposed Development Name~LSON-BUSCH NO. 2 SUB City ~QERIDIAN Date Reviewed 02/29/96 Preliminary Stage XXXXX Fina Engineer/Developer Roylance Engr. / R2 Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street name~~hall appear on the Ip at as: "N. EAGLE ROAD" "E. FRANKLIN ROAD" "E. LANARK COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME Cf Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire Dept. John Terri Repre IVES OR DESIGNEES Date Z Z ~ ~~ Date ~ l Date ?-t f Representative ~~1 ~ • 1~~~.zEiete ~ ~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 08 Section NUMBERING OF LOTS AND BLOCKS __~ ~ - ~ Z/l~__ __ _ ,. ,., ,~ ~ ~~~~~ A T~ N iL7 •-- T /~./ -~- a F--~ a d a r ~ -o D z 0 • i[7 --1 Z1 0 m EAGLE RO D r --~ r ~ r r _ ~ r ~ ~ 3 r ,.-• r r '?~ -~ r CENTRAL C •• DISTRICT HEALTH DEPARTMENT DISTRICT HEALTH DEPAR~TfENT Environmental Health Division Return to: ^ Boise ^ Eagle ^ Garden city Meridian Rezone # I Use # ^ Kuna reliminary Final /Short Plat 0 LS".~</ -',~r,U~{ ~/o - 2 Jy~~i~~~s'i~iJ ^ ACZ ~~cE=~.,.~~ ^ I . We have No Objections to this Proposal. ~~ ~ ~ $ 199 ^ 2. We recommend Denial of this Proposal. ~''~~ ~ e~E~~®Idi ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~-central sewage ^ community sewage system ^ community water well ^ interim sewage ~-central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~- central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~ ~~ ~} I S. Date: / / ._S'i -~2.M iy/~'S~~2 ~Lj/-7/sf-G c r'?~i/T G.2/T~"2 /.ft- /.S Reviewed By: _" (DHD 10/91 rcb, m. 1195 ENTRAL • C •• DISTRICT HEALTH ~ . ~ 3~~5211.FA~:32» DEPARTMENT MAIN OFFICE ~ 707 N. ARMSTRONG PL BOISE, ID. 83 04 ( ) To pr~evertt and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT REC0IVIlVIENDATIONS 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: ~l) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties WIC Kobe • t4aidlan EYnae County OBke Amore Courtly 018ce 1606 Roberts 520 E. 8th Sheet N. of EnvirorrrMntd NeotlA Kobe, ID. Mountain Home, ID. 190 s. 4th Sheer E. 83705 Ph.334-3355 83647 Ph.581-4407 Mowton Home, ID. 324 Meridian, ID. 83647 Ph 587.9225 83642 Ph. 888525 Ada /Boise County Ollke 707 N. Anruhong R. Boise, ID. 83704 Enviro. tlea8h: 32]•1499 famiy Plarnir~g: 321.7400 Immur>batioru: 327.7450 Nutritbn: 321-1460 vaNer County Otiau P.O. Box 1448 Mcca. ID. e3a38 Ph. 634-7194 ~ ~ Nampa & Meridian Irrigation District's Snyder Lateral courses along the west boundary of the project. The right-of-way of the Snyder Lateral is 40 feet: 20 feet from the center each way. Nampa & Meridian Irrigation District's Evans Drain courses along the north boundary of the project. The right-of-way of the Evans Drain is 60 feet: 30 feet from the center each way. See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. ~k ~ Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. ~~~ All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to developments within this District. Bill enson, Assistant Water Superintendent Nampa & Meridian Irrigation District ti ,OFFICIALS i~ WILLIAM G. BF_RG, JR., City Cleric JANICE L. GASS, Ctty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C T GLENN R. BEN LEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Worlcs/Building Department (208) 887- 1 TIM HEPPER Motor Vehicle/Drivers Lioeflse (208) 888 -? ' ` `~% ~ JIM SHEARER GRE G OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor F E B 2 6 1996 NAMPA fs ~v~z.~°~,~~;AN TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~~~~~'1~~`TPROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please subrr~it your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:_March 5, 1996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Annexation/zoning/Preliminary Plat for Olson-Busch No 2 Subdivison BY: R-2 Development LOCATION OF PROPERTY OR PROJECT: North of Franklin Road, West of Eagle Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW, C!C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT 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 BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: '~..~- ~ CITY ATTORNEY CITY ENGINEER C-~. ~....-~ ~.-tr-„~ o CITY PLANNER l_° .F_ ! ~ e ~ ;r: ~", ~, • • ~u~r~ui & ~l~~cidta~ 7finrgauo~ Di~ztet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 11 March 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 David Roylance Boise 343-1884 Roylance & Associates SHOP: Nampa 466-0663 4619 Emerald, Suite D-2 Boise 345-2431 Boise, ID 83706 RE: Land Use Change Application for Olsan Bush No. 2 Sub Dear Mr. Roylance: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent R-2 Development City of Meridian enc. C~O~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS • "JJILLIAM G. BERG, JR., Clty Clerk JANICE L. LASS, CltyTreasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live 7 ~~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA3C (208) $87-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (248) 888-4443 ROBERT D. CORIt1E Mayor ~'' GOUNGIL MEh"BERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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:~arch 5.:996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 -~-- REQUEST:annexation/zonindPreliminanr Play for Olson-BL~sr•h Nn ~ ~s~t.,~„„ BY:_ R-2 Development LOCATION OF PROPERTY OR PROJECT: ::North of Franklin Road.llYest-o# ~L Road JIM JOHNSON, P2 X ~MALCOLM MACCOY, P/Z JIM SHEARER, P/Z .-GREG OSLUND, P/Z -TIM HEPPER, P/Z -BOB CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, 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: ~Ie ~w,uis~Jvar s7 , t M 6'SaYw1 ~r~ .=t+.F r2 ~L 14: h~'W CITY QF I:I;II~~ • ~ Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 MEMORANDUM: ~EcE~vED MAR 1 2 1996 TO: Bruce Freckleton CITY OF MERIDIAN Assistant to City Engineer FROM: David H. Roylance, P.E., P.L.S. ~~ ROYLANCE AND ASSOCIATES, P.A. •~ DATE: March 11, 1996 RE: OLSON AND BUSH INDUSTRIAL PARK NO. 2 (Request for Annexation/Zoning & Preliminary Plat by R2 Development As required, this is my written response to your March 7, 1996 memorandum regarding Olson and Bush Industrial Park No. 2. The following items were concerns listed under the general comments and site specific comments. GENERAL COMMENTS 1. Acknowledged. 2. Acknowledged. 3. The seasonal high groundwater elevation will be shown along with cross sections in the final street development plans. 4. Restrictive covenants will be submitted with the final plat. 5. Acknowledged. 6. See attached letter from Ada County Street Name Committee for street name approval. Subdivision name approval is pending the next Ada County Street Name Committee meeting. 7. Acknowledged. 8. See preliminary plat for street drainage plan. 9. Completed. z:\wocdtext\ 1677\frekltr~2.603 • Memorandum Bruce Freckleton, Assistant to City Engineer March 11, 1996 Page Two ~ ~, ~ o ~ ~ ~ ~S SITE SPECIFIC COMMENTS: 1. It has been recommended to us by Bruce Freckleton that we wait to address this item until after the Tuesday, March 12, 1996 meeting. The City of Meridian would like to incorporate the remaining lots in Olson and Bush Industrial Park No. 1, which are still in the County, into this annexation and that will affect the proper legal description. 2. Acknowledged. 3. Acknowledged. 4. Acknowledged. 5. See revised preliminary plat. 6. See revised preliminary plat. 7. See revised preliminary plat. 8. Acknowledged. 9. Variance Application is in the process of being submitted to the City of Meridian. 10. Acknowledged. If you have any questions, please contact me. z:\wa~dtexfl 167Nreklfn2.603 R-2 Development, Inc. 3084 East Lanark Meridian, ID 83642 887-7994 May 2, 1996 Mayor and City Council Members c/o Mr. William G. Berg City Of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Re: Olson and Bush Industrial Park No. 2 - Dear Mr. Mayor and Members of the City Council: MAY - 3 1~~~ CITY IMF AIERIDIAi°~ I have had time to review the Findings of Fact and Conclusions of Law which were adopted and approved by the Planning and Zoning Commission on April 9, 1996 and I have a few comments for your consideration. Paae 5 -Item a. It is stated that a separate 20 foot wide common lot be created for the land area which is over the proposed sewer main and the 20 foot wide lot is to be owned and maintained by an owner's association. We understand that there is to be a 20' sewer easement granted to the city and that there must be complete access to the sewer easement area at all times. Our preference is that the 20' wide sewer easement be located on easterly or westerly end of one of the lots and that the lot owner be required, through the C,C & R's to maintain the easement area. Paae 6 -Item c. States that the Yanke owned lots in Olson Bush Subdivision No. 1 are to be annexed. We do not control the Yanke owned lots and therefore are unable to provide for their annexation. Paae 6 -Item g. and Paae 16 -Item 14. States that a conditional use permit will be required for any mixed-uses and that a conditional use permit will be required unless the property is developed as a Industrial Planned Development. Our intention is to develop light industrial uses which are compatible with the Light Industrial zoning designation. It is our hope that conditional use permits will not be required for uses which are consistent with the designated Light Industrial zoning. • • Page Two May 2, 1996 Paae 16 -Item 15. States that "property should be annexed and zoned Light Industrial (I-L), as requested in the application, but shall only be capable of being developed as a planned commercial development or under the conditional use permit process." Once again it is our intention to comply with the Light Industrial zoning designation and the associated requirements and it is our hope and preference that approved uses will not be subject to a conditional use permit. Thank you for your consideration of these comments. Sincerely, i Bradley E. Miller for R-2 Development, Inc. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact ~ ~~~ and Conclusions of Law on this ~ "'"~' day of /~ , 1996. ROLL CALL COUNCILMAN MORROW VOTED (~J ~ COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (T!E BREAKER) (INITIAL) APPROVED VOTED VOTED l VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~70"~``" S~ ADA~UNTY HIGHWAY D~RICT Development Services Division Development Application Report Preliminary Plat/Annexation -Olson-Bush No. 2 Franklin Road and Eagle Road Meridian Olson-Bush is a 9-lot industrial subdivision on 14-acres with an annexation request to the City of Meridian with a change in zoning designation from RT (rural transition) to I-L (light, industrial). The site is located north of Franklin-Road and west of Eagle Road, to the west of Olsen-Bush Subdivision No.l (Lanark Street): This development is estimated to generate 1,800 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development:. Franklin Road Eagle Road Lanark Street `ACRD Commission Date -April 10, 1996 - 7:00 p.m. ai rvie SIT Commercial Lanark Lan k ranklin a~ 0 184 ~ ~ n W E s ~ ~ `~I~ -~ ! 1 SITE Ex-snNc ------------ 3o-FEET I W~O~ ~ Franklin ~. J J J .--i J J_ -J -~-- ~--~ .~~, .--~ J J .--~ ~-+ Q VI 0 ~ ~ 1 ~l b ~-, J .--~ J F- U w 0 a O Z Y Q }' J ~C ~--~ a W O Q~ !-- .-a .~ ~ ~ --~ F- J ~ .-~ .-~ J .-, .--~ ~ .~ ~_ ~~ /e~1 I..L r lla > ~ ~~ W N U Q W g 08CL-9CC (BOZ) ouoPl oep8 Z-0 oi!~5 PPAW3 Bl9- r/w .ers ~ s~•uuold uatan~ng uaa ul6u3 ~ ~ OOO l i l Vd 831V19088V ONV 30NV7/l0!!~ a ~ ~ ~} ~~„ OO Z 'ON ~1lJVd 1VIkilSf10N1 ai C I HSfl9 ONV NOS'10 ~ y ~ LL9l-OlS6 ~ rw vasNa 'usn.aor ~ ~ w ~ ~ • ~ ~ aF r a e e 9 ~~ l a ^ ~ ^ a ~ s ~ j pp ~~ t e H ~ ° A ~ fi ~`<°~ ~{988 `` ~ < • ~ o ~ ~~ Z R ! ~ ~ ~ <w <p7< ! ~ ~ ~ ::Q: o>^sA ~ >< .~ as ~ ~ r ~ b • ~ o $ ~ ~! 8~ R r • g R ~ a ~ ~ ~/ ~~ ~ ~ a ae~~ ~3apa 9 pp pp r` ~ • ~ ~~ ~ i <•3 S f i ~ ~ ~~. ~ a xi e ~ g l! ! t g~~ .. a h 0 Z Q Z 0 U N~ ~~ 2~ ~0 a Odd ~J~ ~ S ~„<O '~ ~~i~~~ }~F O ~I ~? Wmn RGo ~ 2± 0- J O ~ ~ 8 a ~_`_ W w nao O1 i~ a < ~~ w ~ y ¢ ~ a Z U avoci ~~ov~ c ~~ ~ J I G - ~-- Q OI pp Z ~ 0 4 ~ a ! ~ 4I ~ g •• < , ' Z I ~ M 0 a • ~ E' s p :e ~ • 4 ~ B ~ k g s • ~ RI ~ ~ ~~ ~ k ~ , w~ '~ ~ ~ ~ x~ a ~__-~~ - EA SN.~D LI.TgRA~- Facts and Findings: A. General Information RT -Existing zoning I-L -Requested zoning 14 -Acres 9 -Proposed building lots 0 -Square feet of existing building 375 -Total lineal feet of proposed public streets {approx) 267 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Lanark Street Local industrial with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of-way to the east of the site 58-feet required right-of--way (29-feet from ultimate street centerline) Lanark Street.: is improved to the east of this site (Olsen-Bush No. l) with 41-feet of pavement with industrial curb, ...gutter and no sidewalk. Eagle Road Principal arterial with bike route designation Traffic count 23,385 on 6/14/94 0-feet if frontage Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Please submit application materials to ITD for review and requirements of that Department. Contact District III Traffic Engineer Gary Moles at 334-8340. C. The site is undeveloped. Olsen-Bush Subdivision No.l abuts the site's east boundary. The Union Pacific Railroad abuts the site's north boundary. D. In accordance with District policy, staff recommends that the applicant be required to construct the streets within the subdivision with curb, gutter, 5-foot wide concrete sidewalks, and a 41-foot street section in 58-feet of right-of--way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. E. The applicant has modified the preliminary plat at the request of the City of Meridian to include a stub street to the south along the east boundary of the site. This stub street will provide access to the large parcels abutting the southern boundaries of Olsen-Bush OLSON2.WPD Page 2 Subdivision No. 1 and 2; since these parcels are located at signi~antly lower elevations than Eagle Road and Franklin Road complicating access to Eagle Road and Franklin Road. Staff supports this stub street. F. Staff recommends that Lanark Street be extended to the west boundary of the site to allow for extension in the future, possibly to Lanark Street to the west, Locust Grove Industrial Subdivision, and/or another future street connection to Franklin Road. G. Both stub streets will be required to have temporary paved turnarounds with temporary easements provided to the District. H. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the. applicant(s) pave the driveway(s) its full required width of 30 to 40-feet to at least 30-feet beyond the edge of pavement of Lanark Street. I. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. J. This application was tabled at the March 12, 1996, public hearing by the Meridian Planning and Zoning Commission. The application was received by the District on February 22, 1996, and an electronic file of the preliminary plat was received on March 22, 1996. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 58-feet of right-of--way for Lanark Street from the east parcel boundary to the west parcel boundary by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will ng~ be compensated for this additional right-of--way. 2. Stub Lanark Street to the site's west boundary with a temporary easement for a paved turnaround at the site's west boundary. Construct curb, gutter, 5-foot wide concrete sidewalks and a 41-foot street section for Lanark Street through the parcel. 3. Construct a stub street from Lanark Street to the south boundary of the site abutting the east boundary of proposed Lot 9. The stub street shall be improved to a 41-foot street section with 5-foot wide sidewalks within a 58-foot right-of--way. Provide a temporary easement and a paved turnaround at the south end of the stub street. 4. Driveways shall be a minimum of 30-feet wide and a maximum of 40-feet wide, paved a minimum of 30-feet beyond the back of sidewalk. Shared driveways are encouraged. OLSON2.WPD Page 3 5. Restrictions on the , number and locations of driveways!~[s required by District policy, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall ,specifically identify each retirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequ~y The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for Commission action. Those items shall be rescheduled for'discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The re uest for reconsideration shall specifically identi , each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. 4. 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. iJtili street cuts in roads ~~ved within the last five years will not be allowed unless a~nro.= ved bX t_he District Commission Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. 6. Locate driveways a minimum of 5-feet from the side lot property lines when driveways are not to be shared with the adjacent property. OLSON2.WPD Page 4 • . 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho. Code, Section 40-1335. 8. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve} to keep street improvements within the public right-of--way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all:"`street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 17. Submit three sets of street construction plans to the District for review and appropriate action. OLSON2.WPD Page 5 18. Provide design data fo~roposed access to public streets for r~ew and appropriate action by ACHD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings,. plans, design information and calculations presented to ACRD shall be sealed, signed'.'»and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), .which incorporates any required design changes. 22. Construction, use and property,development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 23. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services. Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by,,,the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 25. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Date of Commission Approval: Development Services Staff OLSON2.WPD Page 6 • Meridian Planning & Zoning Commission April 9, 1996 Page 23 ITEM #7: PRELIMINARY PLAT FOR OLSON-BUSH NO. 2 SUBDIVISION BY R-2 - DEVELOPMENT; TABLED MARCH 12, 1996: Johnson: Any discussion regarding the preliminary plat? Oslund: I move that we approve the preliminary plat including staff comments and move it forward to City Council. . MacCoy: Second Johnson: Motion by Commissioner Oslund, second by Commissioner MacCoy to pass an approval recommendation onto City Council for the preliminary plat for Olson Bush Subdivision No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A GROUP DAY CARE BY CRYSTAL MARTINEZ: Johnson: Any comments regarding these findings of fact and conclusions of law that have been prepared? Oslund: I had a question, it was more directed to the applicant, I don't know that she is here. But, when she was here for the public hearing she made some statements to the effect that she was possibly considering the use of her home of more than 12 children which would require a whole different process, whole different level of review I guess. She made it sound like that was the direction she was going and she wasn't sure if the conditional use permit was the correct process for her. I was. wondering if she had resolved that issue or if she had talked to staff about that at all. Johnson: Is Crystal Martinez here, any representative for her here? Apparently not but we are not here to act on that anyway, we are here to act on what has been presented. MacCoy: Wayne told her what she had to do so it is up to her. Oslund: I would make a motion that the. Meridian Planning and Zoning Commission adopt and approve these findings of fact and conclusions. Hepper: Second Johnson: Motion by Commissioner Oslund, second by Commissioner Hepper to approve .- ~ • Meridian Planning & Zoning Commission April 9, 1996 Page 21 Johnson: Thank you very much. Do we need a motion? Crookston: Yes • Johnson: We will need a motion from the Commissioners to table this unti have an opportunity to prepare findings of fact. and address them at the a I such time we no later than our next meeting. ppropriate time, Crookston: I think it is appropriate to include in the motion that Mr. Forr on this together. ey and myself work Oslund: I make a motion that Mr. Forney and Mr. Crookston get together and and work all the glitches out and we will table this item until such time that occk about this than the next regularly scheduled meeting in May. urs no later Hepper: Second Johnson: Moved and second we table this item as stated, all those in fav or? Opposed? MOTION CARRIED: Alt Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN ZONING OF APPROXIMATELY 14 ACRES TO I-L FOR OLSON EXATION AND SUBDIVISION BY R 2 DEVELOPMENT: BUSH NO. 2 Johnson: We do have these findings of fact and conclusions of law comments that the Commissioners would like to make at this time? ~ are there any Hepper: Mr. Chairman, I have a question on page 15 ar guess it would be on paragraph 16 next to the last lineplt sayspht is conclude age 18, I land should be annexed and zoned but not subject to de-annexation n I d that the whether would not should be omitted. am questioning Johnson: Yes, that doesn't look (inaudible) Hepper: But subject to de-annexation. Crookston: That is correct. Johnson: We need to delete the word not on the next to the last line of a that correct. It also looks like we go from paragraph 16 to 18. An other ragraph 16, is Y comments on . , .. .a,;.,~.~~. y ~. Meridian Planning & Zoning Commission April 9, 1996 Page 22 these findings of fact. Hepper: On the approval of findings of fact and cronclusions, second sentence the City Council of Meridian instead of the City of Meridian. there it says Johnson: Good point, so we need to eliminate Council correct. Hepper: Yes Johnson: Anything else? Anyone else? Entertain a motion then fora royal. PP Hepper: Mr, Chairman, I move the Meridian Planning and Zoning Commission o of Meridian hereby adopts and approves these findings of fact. f the City Oslund: Second Johnson: Moved by Commissioner Hepper, second by Commissioner Oslund to the findings of fact with the corrections discussed previously, roll call vote. approve ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Absent, MacCo - y Yea MOTION CARRIED: All Yea Johnson: Any recommendation you wish to pass along at this time? Hepper: I1Ar. Chairman, I move that the Meridian Planning and Zonin Com ' recommends to the City Council of the City of Meridian that the p ope set fon hereby application be approved for annexation and zoning under the conditions set forth !n the findings of fact and conclusions of law. Including that the applicant en h m the development agreement as required herein and that if the applicant does not ter into a the land be de-annexed. That if the applicant is not agreeable with these fin . do so that and conclusions and is -not agreeable with entering into a development a same of fact property should not be annexed. 9 ant the Oslund: Second Johnson: Moved and seconded to pass a recommendation as written and stated in favor? Opposed? ,all those MOTION CARRIED: All Yea r t i • Meridian Planning & Zoning Commission March 12, 1996 Page 30 Shearer: So these individuals that live there could go down and testify? Forrey: I don't think the Highway District notify people. I think they notify the engineers and the applicants, it is a public meeting and yes it starts at 9 o'clock. Shearer: Well if they have concerns about that street going through they should be down there to protect their interest. Forrey: Yes Shearer: Those are the people that really make the decision on this. Hepper: 1 think that is it, we will close the public hearing. What do you want to do? MacCoy: Mr. Chairman I recommend that based on the material that was given us this evening plus the ACRD material which has not been reviewed and still has to be decided upon that we table this issue until our next meeting which is the April 9th meeting. Oslund: Second Hepper: We have a motion by Commissioner MacCoy and second by Commissioner Oslund to table this meeting until our next regularly scheduled meeting which is April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 14 ACRES TO I-L FOR OLSON-BUSH NO.2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members my name is Dave Roylance, I am a civil engineer, land planner representing the applicant. This project is located near the intersection of Franklin and Eagle Road, just north and west of that intersection. Bounded on the north by the Union Pacific Railroad tracks. The project contains 14.4 aces and has nine lots. We think it is supported by the Comprehensive plan. We propose central sewer and central water and ACHD approved public streets. With that can I answer any questions? Meridian Planning & Zoning Commission March 12, 1996 Page 31 Hepper: Any questions? Have you seen the comments from the City Engineer? Roylance: Yes I have Hepper: Do you have any problem with any of those? Roylance: No I don't. Hepper: Item number, ~on the site specific comments item 6, 60 foot wide stub street needs to be extended toward Franklin Road are you aware of that? Roylance: We have that shown on there now and Hepper: That is a revised plat? Roylance: It is and we just got that to the City this morning, we got the comments I believe it was Thursday afternoon and made that change and resubmitted today. I think what we will do however is pursue a variance to that. For now we have shown it this way but f think we will file a variance and see how that goes. Hepper: Do these lots come under a conditional use designation? Roylance I think it was either this project or the following one Porky park, I saw that as a comment from Shari and I wonder, is that typical for the City. I guess I have to ask the question if this is rezoned and annexed. Hepper: In the past it has been especially where there are other uses adjoining those lots. It is up to the Council I guess to decide but typically that is what we have been doing to try and preserve the compatibility make sure that whatever goes in is compatible with the other property there that is not necessarily zoned the same way. Roylance: Even if you had a building program that was a principle permitted use within the zone, you still typically require a conditional use permit? Hepper: Now as I understand it we have been haven't you Wayne? Crookston: I am not exactly sure where the property is Dave, is this near Crossroads Subdivision? Roylance: I am not sure of that, Franklin Road and Eagle Road, here in the lower right had corner that is the intersection of Franklin and Eagle. North is to the top of the page • Meridian Planning & Zoning Commission March 12, 1996 Page 32 and Union Pacific Railroad, I will point it out. (Inaudible) Just as a clarification we are not necessarily objecting to a conditional use permit on every lot, I guess I just need a clarification so there is no misunderstanding later on. Hepper: Those lots to the south those are Rural transitional, typically (inaudible) different zoning designation to be conditional use to be (inaudible). I don't know it is whatever you guys want to do. We will go ahead and get the .rest of the comments from the public and then let these guys discuss it. Any other questions? Anyone else wish to testify on this project? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I have a visual aid, could I put that over here on this board? To give you an idea (inaudible) Hepper: If you submit this it becomes property of the City. Valentine: Yes I would like it to be the property of the City. This over here are pictures of the proposed Olson Bush No. 2 on the left, it is very picturesque and on this side is Olson Bush No. 1 and that is what they have already started and now they want to put another site right next to No. 1. If it is going to look anything like this we property owners up here, there are several homes up here we are going to have to spend our days looking down at these storage yards that are not screened, the parking lots that are not paved, parking lots that are not screened and if you come to my house and look out my deck at some of these things they have you can see, this here is from Eagle Road all of these things here and Eagle Road and Franklin Road are entryway corridors into our fine City. There has been absolutely no screening and no landscaping and this is what is required in the comprehensive plan in the policies and also in the zoning and development ordinances. I know that Olson Bush No. 1 development is not the subject that we are talking about tonight but this is going to happen not only in Olson Bush No. 2 but they are talking about on the other side of Eagle Road, Porky Park which is about 6 times bigger than these two, well four times bigger than these two altogether and that runs right along Franklin Road. So what I am getting at is we have a really problem with developing here and I would like to just mention some things that I have. I have a letter to the Commission that I would also like to enter into the record. Hepper: Now- Olson Bush No. 1 is that in the City limits? (Inaudible) Valentine: Do you want copies of these now? i Meridian Planning & Zoning Commission March 12, 1996 Page 33 Crookston: Are those for Olson Bush or Porky? Valentine: (Inaudible) C~ Crookston: If you desire you can submit them for this hearing and then just ask to have them copied in the record for Porky if that is your desire, that is totally up to you. Valentine: I would like to have them submitted for both. As concerned residents and citizens I would like to represent my family and a few of my neighbors, we have purchased our property primarily for the view. We want to protect our vested rights to the same level of qualities or higher qualities that our environment afforded since we purchased our property. Please do not allow an eyesore to live and grow in our beautiful community. You mentioned the Crossroads Subdivision, yes Croosroads Subdivision is right near this and also St. Luke's hospital in Meridian the new facility that they is within a 114 mile of this Olson Bush No. 2 which sets behind Olson Bush No. 1. It is a very beautiful area, it is a beautiful intersection, it is a thriving area of community and single family residences. We would like to keep it nice, we don't want to stop development but if they are going to do a project let them do it completely and as best that they can according to the ordinances and comprehensive plan and just plain common sense. It is a very scenic area, yes Olson Bush No. 1 is not the topic this evening however if you look at the development today you will understand that we are concerned and opposed to any further development unless and until this mess is cleaned up. We have submitted pictures of Olson Bush No. 1 and the proposed site of Olson Bush No. 2 for your review and for the record. As you can see Olson Bush No. 1 has not preserved the aesthetics of the area and severely damaged it. The visual pollution is degrading to the neighborhood and degrading to the community as a whole. We believe that most residents of the single family dwellings along Franklin Road and within vision of these developments will not tolerate further development that poisons our view of the sky and mountains and does not enhance our quality of life. This type of insensitivity could be stopped cold with the help of concerned citizens and the Planning and Zoning Commission and the City Council. Would you want to look at that garbage everyday for the rest of your life? Most of these folks that live in those homes along the rim they are older folks and they are soon going to be retiring. So they are going to spend a good portion of their day looking out their window and I am sure they want to look at something that is landscaped and screened. Now with Olson Bush No. 1 under their belts these same folks (inaudible) degrade our beautiful area with Olson Bush No. 2 and Porky Park No. 1 developments. What (inaudible) do these folks offer to the community (inaudible) and to the single family residents that overlook these developments. They have submitted protective covenants that are apparently used for the Broadway Place Subdivision as a guarantee of their intentions. We want to know why they do not submit covenants that were used for Olson Bush No. 1? Were no covenants prepared and if not why were no covenants prepared? On the other hand if protective covenants were • Meridian Planning & Zoning Commission March 12, 1996 Page 34 prepared for Olson Bush No. 1 why does the development look like a junk yard and why are the conditions of the covenants not being enforced. Do the conditions of those covenants permit such nonsense? If there were covenants prepared for Olson Bush No. 1 we want these developers to produce them for public review. Under subsection 9-605 1 of the City of Meridian zoning and development ordinances protective covenants may be prepared and recorded as part of the subdivision. However, the provisions within the protective covenants are enforceable through civil action and local government units shall not be required to enforce these provisions. 1 think that consequently the covenants will not give the community and the residents of the single family dwellings that will be looking directly over these developments the kind of assurances that we must be given concerning our vested rights. Specifically we are requesting guarantees from the developers and owners of all three developments. We request that these guarantees be in the form of a recorded written commitment to the Commission and or the City Council and that the developers and owners will develop establishments that are clean, quiet and free of noise, visual pollution and hazardous or objectionable elements per the goal statements and policies of the comprehensive plan, the zoning and development ordinances and per the reasonable request of the community. And in particular the residents of the single family dwellings and property owners that are directly affected. I find it odd that there is no mention of the single family dwellings, the Meridian Academy school, the Snyder lateral in the surrounding land uses description and I have a copy of that in the back of your letter there that was in the application file. I would like to know why the seven single family homes that are along Franklin Road rim are not mentioned (inaudible) annexation of R2 development property his or her actions should be highly scrutinized because they fail to provide the Commission and the community with significant information. Specific issues that we request (inaudible) at this hearing and in their written commitment to the Commission include but are not limited to number one, the goal statements and policies of the comprehensive plan listed below. Number two, zoning and development ordinances listed below. Number three, the definitions listed below, and number four the concerns of any citizen of Meridian in particular the residents of the single family dwellings and property owners that are directly affected. I won't go through everything in this but I will skip over some things. Number one the goal statements and policies of the comprehensive plan, I would like them to address the economic development policy 1.3, the land use goal statement which states all land use development in the Meridian will be considered an asset to the community and not detract from our quality of life. Policy 1.10U states that land. use development must promote the design of a attractive roadway entryway areas into Meridian will clearly identify the community. In particularly residential policy 2.3U which stated that land use development must protect and maintain residential neighborhood property values, improve each neighborhoods physical condition and enhance its quality of life for residents. Also, industrial policy 3.4 states that industrial uses adjacent to residential areas should not create noise, odor, air pollution and visual pollution greater than levels normally associated with surrounding residential activities. • Meridian Planning & Zoning Commission March 12, 1996 Page 35 Eastern Eagle Road, light industrial review area policy 3.14 and 3.16 U states. the character and type of light industrial development should be harmonized with the residential uses in this area and land uses within the Eastern light industrial review area must be clean, quiet and free of hazardous or objectionable elements. I have particular concern with issues raised in the community design section. The appearance of the City reflects a great deal about the community and the people who live in it. "Appearance also greatly determines whether or not the community is perceived as a progressive and active environment and can play a very strong role in the economics of the area. A town that is attractive will continue~to draw shoppers, visitors, businesses and residents." Nearby there there has been talk of a power mall just within I guess a mile of there on the other side of the freeway. If there is not a power mall going in there, there are three other comers right there at Overland and Eagle that are going to be developed eventually into something I don't know what. On down the road toward Fairview there is talk of another, on the other side of the Crossroads development there was talk of another shopping mall of some kind. All around us is beauty and then you come to this industrial area, this right in the middle of all of this beauty and we are not paying good enough attention to that in my opinion at this time. This, the community identification policy 1.4 states that major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. The entryway corridor section states that entryway corridors or arterial roadways entering the community that introduce both visitors and residents to Meridian. City designated gateway arterials include Franklin Road east and west entrances and Eagle Road north and south entrances. Entryway corridors are a communities front door. It is acknowledged that the corridors trees or lack thereof, commercial signage and site character provide the first and often times the lasting impression of the entire community. Strong messages are delivered to the travelling public and to local citizens alike. The communities economic vitality, its willingness to ensure the safety and well being of the citizens, its degree of concem for the natural environment and the respect citizens have for one another are but a few of the messages. Therefore the entire community and most specifically its governing bodies have the right and the responsibility to guide development and redevelopment that occurs along entryway corridors. These words are not mine I am taking them right out of the policy of the comprehensive plan and the zoning and development ordinances. I cannot say things this well, but they do a pretty good job. The entrance corridor goal statement under which policy 4.4U states that we need to encourage landscape setbacks for new development on entrance corridors. The quality of environmental goal statement policy 5.1 U states that we need to preserve the aesthetic natural resources of the Meridian area. Policy 5.2U is ensure that all new development enhances rather than detracts from the visual quality of its surroundings especially in the areas of prominent visibility. Number 2, the zoning and development ordinances. Hepper: Excuse me, is there any chance you can highlight some of these things. Meridian Planning & Zoning Commission March 12, 1996 Page 36 Valentine: I will make it quick, I will get to the meat and potatoes. Hepper: This letter gets rather lengthy Valentine: It does, it is going to take a lot years of my life staring out over continued senseless destruction of our community and also there are going be a number of visitors coming to our community travel up and down Eagle Road and Franklin Road and for a lot of years to come. They are going to be looking at the decisions we make tonight and so I want to make sure that everybody understands what, I know you are not familiar with the area but I am because 1 am there every day and I look at it and I know. It is a very vital economic area in my opinion. Hepper: I guess I have kind of a quick question, there is a comment here from Shari Stiles that Olson Bush No. 1 needs to be annexed to the City, so apparently it is not part of the City right now. So apparently that was done by the Ada County Planning and Zoning and the Ada County Commissioners. Valentine: The whole thing needs to be annexed or just part of it? The Yanke part? Hepper: Well the application for Olson Bush No. 2 is within the City limits, Olson Bush No. 1 is in the County. So it kind of seems to me like you are scolding the wrong set of people. Valentine: Well no I am not, because in your recommendations to these developers you state that since Yanke owns several lots that also needs to be annexed into the City also and he is the major contributor to the eye sore over there. Hepper: But if there are restrictive covenants that have not been enforced or met maybe the County should be the ones to see that those have been. Oslund: I would like to say something, I think the point he is trying to make is the same people that did one are applying for two and he is questioning their credibility and I hear that loud and clear. I don't think we are trying to say cut it short we have heard enough I think when you are telling somebody something. you kind of sold us we are going to look at it so if you could summarize. Valentine: Okay, I will summarize, Hepper: I think that we will all read the balance of this letter (inaudible). Valentine: I know you will, I want to just say that our concerns (inaudible) but are not limited to the following. The preliminary plat for Olson Bush No. 2 subdivision that we • Meridian Planning & Zoning Commission March 12, 1996 Page 37 received via, I will skip over that, certified mail indicates that the Snyder lateral does not boundary the development. The Snyder Lateral however is the west boundary and lies adjacent to the south of the development. This adjacent portion of the Snyder Lateral would also boundary the development on most of the Southern portion had they purchased more than 14 plus or minus acres from James and Mildred Barnham. WE believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the Snyder Lateral to which it would naturally include. We also believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the seven single family dwellings between which a transition yard would be necessary for protection and beautification. Both the community as a hole and we residents of the single family dwellings in this area of immediate impact stand to lose a substantial portion of our quality ofi life as a result of the developer's avoiding the Snyder Lateral and a necessary transitional yard. (Inaudible) require a buffer strip or zone along the entire southern and western borders of the development. This will protect the seven single family homes from possible undesired characteristics of the industrial development. A buffer strip will also help to protect the aesthetics of Franklin Road and Eagle Road entryway corridors. We also request the Commission to require the remaining area south of the this development up to and including the Snyder lateral to be reserved and designated as a transitional yard. This area would be a buffer between conflicting land uses and would also protect the aesthetics of the Franklin Road and Eagle Road entryway corridors. We request that the Commission require the associates involved with the development of Olson Bush No. 2 to cover and enclose with (inaudible) Snyder Lateral (inaudible) at their sole cost. Students from the Meridian Academy and employees and visitors of both Olson Bush developments and nearest residents of single family dwellings will be increasingly attracted and directed toward contact with the potential hazard. We request the Commission, I will skip over that, we request that the Commission require Olson Bush No. 1 developers owners and associates to clean up and screen their junky development to demonstrate they deserve to expand before any other development applications are approved. That means pave parking lots and screen them, screen their storage yards or move them inside or better yet take them to their own back yards and put them there. We want the principles involved with this development to provide the Planning and Zoning Commission and or the City Council with a written commitment regarding the above issues and how they intend to implement or not implement those issues. We also request that the Commission ask the developers to have conditional use permits for all of these lots. In conclusion we would like to say that we are not against developing our area. However we require community concern developments such as the New St. Luke's Meridian center which is 1 /4 mile away from Olson Bush No. 1 and 2 and Porky Park. We understand that St. Luke's will develop vital land into soccer fields for the community until the land is needed for other uses. This type of world class community consciousness is what we require of the developers of Olson Bush No. 1 and 2 and Porky Park developments. They call it Porky Park, will they make it look like a park or a pig sty? That is all I have to say. Meridian Planning & Zoning Commission March 12, 1996 Page 38 Hepper: Questions? Thank you. Brad Miller, 3084 East Lanark, Meridian, was sworn by the City Attorney. Miller: I represent the R2 development, I worts for Ronald Van Auker. Mr. Valentine has presented some inaccurate information. Olson Bush No. 1 was not developed by R2 Development, Olson Bush 1 was developed by Mr. Olson and Mr. Bush. We purchased 14 acres from Mr. Olson and Mr. Bush. Another thing that Mr. Valentine who by the way called me, I have spoken to him on the phone three or four times and he told me he was a strong supporter of the project, one of the two to speak in favor of it and maybe he did. But the other thing he didn't point out here he didn't point out the north side of Lanark which shows the building that we have developed, which there are only 3 lots on Lanark that are in the City limits. The corner piece which is on the northwest corner which is vacant right now and the tan building with two gray stripes around it. I think that if you went over there and looked at that you will see that is a fine looking building and a fine looking property. I also suggested to Mr. Valentine that he go and look at some other developments that we have, I gave him a number of different developments. I told him to go over to TK Avenue at Federal and Broadway where Big 0 Tire is, B & D Foods, Mountain States Microfilm, JoAnn Fabrics, Idaho Candy, Gem Distributing, (inaudible) and a new building we just did for Hertz equipment rental. I think that you would find those are fine developments through there and you would be proud to have those in your backyard. The eyesore that he is talking about across the street has nothing to do with us, Olson and Bush sold off those lots individually. I know of no CC&R's that exist on the property. I looked through our ownership records when we purchased the property and I see no CC&R's. So the parcels are all individually owned. So it has nothing to do with us, nothing to do with the 14 acres at the end of the street. We appreciate the concerns that Mr. Valentine and the neighbors have and if they will look at some of our other developments they will see that they are fine looking developments and quality construction, quality tenants and I don't know of any junk that we have in any of those buildings that I suggested he go take a look at. If there are any questions I would be happy to address them. Hepper: Questions? Are you going to have CC&R's in your phase? Miller: Absolutely, we submitted those and said that they are going to be the same as we have done on the Broadway West subdivision in Boise. I suggested that Mr. Valentine go over and take a look at those and apparently he hasn't. Hepper: Would those require fencing of any construction areas or yards? Miller: Absolutely, screened fencing. i ~ Meridian Planning & Zoning Commission March 12, 1996 Page 39 Hepper: Paved parking areas? Miller: Absolutely, and that is all included in the zoning ordinance for light industrial zoning and we intend to fully comply with. Hepper: What about the yards themselves will they be paved? Miller: We pave all of our yards yes. Hepper: The storage areas in the back of the buildings will be paved? Miller: Every storage area that we have currently is paved yes. Hepper: And this one would be the same? Miller: Well one of the things to consider is we don't know who is ultimately going to move into those buildings which will be constructed there. Our anticipation is that we will subdivide that property build the buildings and lease the buildings out. We will continue to own the buildings which we do in most of our developments. At some point we may sell one or two of the buildings off but we also have a high incentive to keep it a nice looking area since we actually are the property owners. Hepper: Would the restrictive covenants require the storage yards to be paved? Miller: I think that is part of the zoning ordinance as it is. I can't say right now if our current CC&R's for the Broadway has that in it. I am not opposed to that at all. Hepper: I think inherently where they are sitting up so high that they really have a birds eye view looking down on the backs of those buildings, so there is some real potential there for people to keep the front of their building looking nice and the back is where they store their stuff and of course that is right where these people are looking. So I think there needs to be some incentive there to try to get these tenants or property owners to try and maintain that. Certainly screened fences would be a part of it and paving to keep the weeds down. Any other questions? (End of Tape) Valentine: I would just like to respond to some of the accusations that Brad Miller made against me personally. I spoke to him on the phone and I did tell him that yes I would like to support his development and I asked him about the trash that is not being screened out there and he told me that he tended to look right though it. It is not a matter of building a • Meridian Planning & Zoning Commission March 12, 1996 Page 40 building and put a few of your things in the back and no screening them they haven't built buildings, instead of building buildings on that lot they have streamed their stuff all over the place. He says that he has nothing to do with that over there, I think we all have something to do with that. If not he than who does have something to do with that, it is his neighbors, it is a direct, well it is a direct, it is a neighborhood, what more can I say. Thank you. Oslund: I have a comment to you, it sounds like we have two issues. One is we have a development that we are looking at and apparently they are not the same owner. We can handle that at P & Z. We have an issue with some existing properties that are maybe violating the zoning ordinance I don't know. There is an enforcement officer with the City that addresses those types of things, trash in yards and junk atl over. Except that is the in the County so you will need to, we are kind of in a tough spot and I don't know what the County has in terms of enforcement. Valentine: Did they buy that whole are all of those buildings from Olson Bush No. 1? (Inaudible) Valentine: Had you bought previously and sold it off to them? (Inaudible) Valentine: Okay, but there is absolutely no screening of anything. Shearer: That is in the County, we don't have anything to do with the County. Valentine: It is right next door. Shearer: I sympathize with you it is a mess. MacCoy: Mr. Valentine before you run away there, I think it is only fair that you did a fair job here I think a good job of presenting your case. You understand it very well and I think we all agree with what you had to say about wanting to live in a nice community and have a good entrance way. You have heard us from the standpoint that there is County and City involved in this thing. I think the (inaudible) highlighted that behooves us to at least look into that to see what the County would do and I think you are deserving of an answer for that. So thank you for your time. Valentine: I can expect one then probably then. ~ ~ Meridian Planning & Zoning Commission March 12, 1996 Page 41 MacCoy: I think we will (inaudible) Valentine: Call me anytime, thank you. Bill Tonkin, 2660 East Franklin Road, was sworn by the City Attorney. Tonkin: I just wanted to affirm the comments made by Mr. Valentine and point out that five of the 7 property owners that overlook the property are here tonight. I am certainly not going to repeat everything he said, but I really think you understand the problem and that we are merely reacting to something that has occurred and we certainly don't want it to occur again and I am sure you don't either. We appreciate your time. Hepper: Thank you, is there anybody else that wishes to testify? Carl Schnebly, 2690 East Franklin Road, was sworn by the City Attorney. Schnebly: I would like to take and reiterate the same expressions of Mr. Valentine and I realize that we are on the verge of a lot of expansions and so on but I certainly don't agree with this proposal as stated. I furthermore feel if it is approved we are going to have a lot of rubbish. I know that here some time ago that the Meridian garbage collectors wanted to make a distribution area at the end of Pine Street which I believe you all remember that. I am afraid something like this is going to happen, it don't make any difference what we do and I am certainly not in agreement in any way of having that kind of a unit put down there and therefore I appreciate the fact that you people have and your determination will be in our hands I know. Therefore I would like to say that I am not in agreement with this. Hepper: Thank you, is there anybody else that wishes to testify? Okay, Mr. Roylance? Roylance: Thank you I will be brief here. I think we support exactly what the neighbors said, we also can't endorse that although this developer didn't create that and it is in the County. That is not at all what we are trying to represent here. In fact, maybe one of the best ways to control that exact thing is annex it, bring it into the City and put your own rules on it and you can do that. You can do that in a development agreement and that is a requirement of this project is a development agreement and that is the perfect instrument to include all of those kinds of protection and controls. It can also do it at the design review stage and when the building permits are issued all of that can be a condition that you screen this, do this. In fact Shari Stiles, no. 3 in her letter calls for 35 foot of setback on eagle Road and Franklin. So a lot of these things that these people spoke either are addressed or can be addressed in toots that you already have. If it is in the County you can't control it. Thank you. ~ ~ - Meridian Planning & Zoning Commission March 12, 1996 Page 42 Hepper: Thank you Dale Fletcher, 2730 East Franklin, was sworn by the City Attomey. Fletcher: I agree with Mr. Valentine there but I am a little confused here. I thought we were in the County, we did we become in the City? Crookston: This is a request to be annexed. Fletcher: That is what I thought, somebody stated that we were already, you have the County and the City going together here. As far as I know right now we are in the County. Shearer: Yes (inaudible) Fletcher: Okay, thank you very much. Hepper: Anybody else wish to testify? Oren Mayes, 5768 Marcliffe, Boise, was sworn by the City Attorney. Mayes: I moved out on Franklin in 1963 and lived out there for 30 some years. Most of that property along that rim of Franklin road was developed for subdivided off about the time 1 moved out there. Then the people when they bought it same I knew when I bought my farm that from the railroad to Franklin Road was almost even those days was declared industrial property. There was no question it was going to be industrial property. So when they built their home they knew they were going to build above an industrial park someday it was going to happen. That is all I have to say, that these people are complaining when they knew there was going to be an industrial park below them, it is kind of ironic at the most. Hepper: Thank you, is there anybody else that wishes to testify? Seeing none I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Hepper: Mr. Shearer has moved that we prepare findings of fact and seconded by Commissioner MacCoy, all those in favor? Opposed? .. ~ ~ Meridian Planning & Zoning Commission March 12, 1996 Page 43 MOTION CARRIED: All Yea Hepper: This will be sent on to our City Attomey and then will be back for our next meeting to see what kind of restrictions the City attorney, what kind of legal issues might be involved with it. ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON- BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Okay, we will open the hearing, do we have a representative, Mr. Roylance? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Can I just say that all of the things I said at the other one be incorporated into this public hearing I don't' know that I need to add anything. With that are there any questions? Oslund: I have a question, probably the most basic, where did you get the name Porky Park? Hepper: We aren't there yet. (Inaudible) Hepper: Thank you, is there anyone from the public that wishes to testify on this? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I would just like to have everything that I said before be entered into the record, are there any questions? Hepper: Thank-you, does anybody else wish to testify or comment? Seeing none we will close the public hearing. Shearer: Mr. Chairman, I move that we table this until the next meeting when our findings of fact and conclusions on this project come back. MacCoy: Second S' Hepper: That is to a date certain of? '~ ~ ~ • Meridian Planning & Zoning Commission March 12, 1996 Page 43 MOTION CARRIED: All Yea Hepper: This will be sent on to our City Attomey and then will be back for our next meeting to see what kind of restrictions the City attorney, what kind of legal issues might be involved with it. ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON- BUSH NO.2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Okay, we will open the hearing, do we have a representative, Mr. Roylance? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attomey. Roylance: Can I just say that all of the things 1 said at the other one be incorporated into this public hearing I don't' know that I need to add anything. With that are there any questions? Oslund: I have a question, probably the most basic, where did you get the name Porky Park? Hepper: We aren't there yet. (Inaudible) Hepper: Thank you, is there anyone from the public that wishes to testify on this? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I would just like to have everything that I said before be entered into the record, are there any questions? Hepper: Thank you, does anybody else wish to testify or comment? Seeing none we will close the public hearing. Shearer: Mr. Chairman, I move that we table this until the next meeting when our findings of fact and conclusions on this project come back. MacCoy: Second Hepper: That is to a date certain of? . ~ ~^ ~ ~. Meridian Planning & Zoning Commission March 12, 1996 Page 44 Shearer: April 9th. Hepper: Okay, we have a motion by Commissioner Shearer, and seconded by Commissioner MacCoy to table this request until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members as mentioned my name is Dave Roylance I am a civil engineer and land planner representing the applicant. This subdivision Porky Park is located at the NE intersection of Eagle and Franklin Road. It contains 19 building lots and has 63.88 acres approximately. We propose central sewer, central water, Ada County Highway District public streets built to their standards. The project is in the City limits and as I understand it is already zoned Light Industrial and General Commercial I think in portions of it. So we believe this is an appropriate use for that zone. Apparently we are already in the City Limits. Can I answer any questions other than the name? MacCoy: Do you have any answer for your name? Roylance: Yes sort of, I don't know if it is an answer but Ron Van Auker has kind of an odd sense of humor which I can associate with. I just asked him what do you want to call this we need a name and he looked right at me and said Porky Park and then laughed, I said really and he said yes. I am hoping it is not referring to me but I don't know. Oslund: Does he intend to market it with that name or just to file a plat with that name? Roylance Well he did Donkey Park and he marketed it that way. I guess if that is objectionable to the City, that is the answer I got that is exactly what happened. So, I-said we are going to be fielding a lot of questions and a lot of people on why is it called this. I don't know if it is going to be a serious concern or more of a tongue in cheek but it is going to come up a bunch, can't we just give it a name of something else and move on. He said keep it at that. MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 12.1996 APPLICANT: R-2 DEVELOPMENT AGENDA ITEM NUMBER: 12 ~ 13 REQUEST: REQUEST FOR ANNEXATION20NING/PRELIMINARY PLAT FOR OLSON BUSH NO 2 SUBDIVISION 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 "REVIEWED" SEE ATTACHED COMMENTS ~,~V" ` m~~~ SEE ATTACHED COMMENTS l~~` ~j 1 I w~~~~ ~~4 k~ ~~ ~i~ OTHER: X11 Materials presented at public meetings shall become property of the City of Meridian. r A _ -- ~~ J SUBDIVISION EVALUATION SHEET Proposed Development Name~L~ON-BUSCH NO. 2 S~lB City MERIDIAN Date Reviewed 02L2;31.9$ Preliminary Stage -XXXXX Final Engineer/Developer~szylaa~e_Engr. / R2 De~celoptnen_t The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. Ih~foll-owing_e~is~ing~tr-esinames shall appeaLOrLtl~e.~lat~s: "N EAGLE ROAD" _ "E FRANKLIN ROAD" " LANARK OURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ^ ADA COUNTY STREET NAME COMMITT , ~G NC ' R RESENTATIVES OR DESIGNE/ES Ada County Engineer John Prieste ~ `' Date Z Z~ 7Y Ada Planning Assoc. Terri Ray ~ Date City of Meridian Representativ 11 __ Date yf ~ Meridian Fire Dept. Representative W • -Bete ~ ~~ NOTE: A copy of. this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 0-$___- Section NUMBERING OF LOTS AND BLOCKS r"'d~~~___._-" -- - 1 l~f~_. r IN I •I I I I p ~ ~ ~ --1 N ~~ -~ TT /V o m N r (n ~ ~' r ~ ~ ~' ~ ~T1 ~ ~ EAGLE RO D ~--- - r r ~-' r ----- ~, r- ~ ~ ~ a r ~--- r o d ~ r - o r ~ r ~ a -° D ~ '-' r z o 3 ,, r --iii ~ ~ i i • 9a10`t731 ` • • i 1 r• ~ ~ -~ ~-..1 •, ~~~•- p AMENDED ORDINANCE NO. 731 '' " "~ - ' AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING A'l~ ~Q~ ~~ REAL PROPERTY WAICA IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANfE_1 EA$T_F;-BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EF~'•ECTIVE: DA'P :?~~ ~ ~ v; WHEREAS, the City Council and the Ma or of ~~UU '~~L~I~CJ y the City of ~/ Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by-the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence along the southerly line of said Section 8 South 89°32'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00°28'00" West a distance of 520.14 feet, to the Southwesterly Corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°02'00" West a distance of 1015.07 feet to a point; f__ Thence North 06°08'31" West a distance of 806.01 feet to a point on the northerly right•of-way of the Union Pacific .Railroad; Thence along said northerly right-of-way South 89°02'00" East a distance of 1094.80 feet to a point; Thence leaving said northerly right-of-way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 00°28'00" East a distance of 800.06 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned I-L Light Industrial; that the annexation and zoning is subject to the ANNE%ATION ORDINANCE - I-L R-2 DEVELOPMENT~OLSON AND BUSB INDIISTRIAL PARR NO. 2 Page 1 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 and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the project of the requirements of 11-9-605 C, G 1, H, K, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That the Applicant shall aaeet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. I ANNLBATION ORDINANCE - Z-L R-2 DEVELOPMENT~OLSON AND BUSH INDUSTRIAL PARK NO. 2 Paga 2 • ' STATE OF IDAHO,) • ss. County of Ada, ) On this 17th day of December, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ~,~^NC ~~seeee,ef., ~~~,~,•,'' ~-cam ~~`~~`+~~, w.^ -. , a i::~~• n "J / ~ U < ~{" ~ ~Yn sRJ'S Ry ~ i iii C'~-. ~• ~'.3'684%'"~ ~r~" .~sy ~~ ~~~ ~~~' a ~a Yt1D11C for Idaho es' ing at Meridian, Idah My ommission Expires _ " ANNE%ATION ORDINANCE - I-L R-2 DEVELOPMSNT~OLSON AND BUSH INDUSTRIAL PARR NO. 2 Page 4