Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Donovan Brothers Commercial Construction CUP
HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, 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 Chfef WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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 Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~Aav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: Ao~lication for Conditional Use Permit for a Trucking Terminal on Aporox 10 Acre Site S. of Pine Street and E of Nola Road formerly Locust Grove Road) BY: Donovan Brothers ommercial Construction/Awes-HLtrhicnn ~ Assoc'ates LOCATION OF PROPERTY OR PROJECT: NW 114 SW 1/4 Section 8, T 3N R 1 E , B M _ Ada County. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P2 GREG OSLUND, P/Z KEITH BORUP, 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. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 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 ~ ~ Conditional Use Permit Application Apri110, 1997 Trucking Terminal with office, East Pine Street and N. Locust Grove Road 1. Name, address and phone number of applicant: Mr. Darrell Donovan Donovan Brothers ~ommercial.C.onstniction P.O. Box 818 1501 W. Valley Highway N. ,Suite 101 Auburn, WA 98071-0818 Tel: 206-939-7777 Fax: 206-939-7994 Owners Representative for all correspondence and notices: Morten O. Awes, AIA Awes-Hutchison & Associates, Architects & Planners 405 S. 8`" Street, Suite 155, Boise, ID 83702 208-367-0000, FAX 208-367-0011 2. Name, address and phone number of owner of subject property: YANKE/'TRICON, L.L.C., DBA/Yanke Property Management 1090 Boeing, Boise, ID 83705 Tel: 208-336-2954 Fax: 208-345-8658 3. Legal description of property: A parcel of land being a portion of the Northwest Quarter of the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a brass cap marking the Northwest corner of the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, said_brass ~cap_.also..being~he REALP.OINT i)FBEGINNING; thence alone the Westerly boundary of the said Southwest Quarter of Section 8 South 00 degrees 26'40" West 671.17 feet to an iron pin; thence leasing said Westerly boundary of the Southwest Quarter of said Section 8. South 88 degrees 30' 00"_East .6.62.21 feet xo.an irAn pin, .said iron.pin marking the Easterly boundary of the West Half of the Northwest Quarter of the Southwest Quarter of said section 8; thence along said Easterly boundary of the West Half of the Northwest Quarter of the Southwest Quarter of Section 8 North 00 degrees 27'.51"_East.687.3$ feetro..anirnn~in ma~.theNsuiheast corner of the said West Half of the Northwest Quarter of the Southwest Quarter of Section 8, said iron pin also being on the centerline of East Pine Street; thence leaving said Easterly boundary and along said centerline and the Northerly boundary of the said West Half of.thel~Torthurest Quarter_.of_the-Southwest Quarter of Section 8 North 89 degrees 54'09" West 662.35 feet to the POINT OF BEGINNING. CUP Application Donovan Broffiers Comm. Const 4/10/97 • • 4. Proof of ownershipnfsubject~rnp~er~y~warranty.deed)and.notarized_consent.of property owner. See attachment A 5. Description of ezisting use: Farm land. 6. Present use of subject property: Farm land. 7. Proposed use ol~he.subjECt_property: The southern portion of the property will be paved and a trucking terminal with attached office and a future detached maintenance shop will also be included. The northern portion will be undeveloped and reserved for future development. The terminal will expand.to .the w~stin.the future. 8. The District (present zoning) that pertains to the subject property: IL zone is the present zoning. 9. Thirty (30) copies.ofa vicinitysnap~fa~cale of.one.inch Equals xhrEe hundred feet (1" = 30Q'): See attachment B 10. A plan of the proposed.Sitelor_the c~onditinna111CP~hnvying_thelocatinn nfell buildings, pa~ldng and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). See Exhibit C 11. Characteristics of subject property which make a conditional use desirable: Surrounding property is zoned light industrial and this land use as proposed is completely consistent with~he adjacent property. 12. A listing of the mailing addresses of all property owners (from authentic taz records of Ada County) who are within three hundred feet (300') of the ezternal boundaries of the hand being considered, and a _list of all owners within .the area being considered for conditional use: See Attachment D 13. A fee established .by th.e ~auncil; ~275.IIO plus _$L42.. each:for. certified mailings for each property owner listed within the 300 feet =Total fee. Donovan Brothers Commercial Construction: Check #6027, 4-8-97 in the amount of $275.00. CUP Application Donovan Brothers Comm. Coast 4/10/97 ~ ~ 14. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be ~cidpntial,.cnmmercial~ jndnstrjal,~ld The user of the property, Donovan Brothers Commercial Construction, agrees to pay any additional sewer, water or trash fees or charges associated with this industrial use. 15. The appGcation~hall bye verified by_the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. The applicant has read the contents of this application and verifies that the information contained herein is true.and~corrcct. 16. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done a~,park.of_the.application. The applicant agrees to post 1 week before the hearing that a C.U.P. has been applied for, and it will state the time, date and place of hearings.. Signed: 'z~~~~~ ~~'`l~ Morten O. Awes, AIA Applicant's Representative C.U.P. Application Submitted: s~ :~~G~~ G~~fi~ Morten O. Awes, AIA Applicant's Rep~'eseatative 4-10-97 CUP Application Donovan Bmtheis Comm. Coast 4/10/97 Txu :+ORM FvRt•IUxm coutrtFSY OP: V STEWART TITLE ' S`4 i ~~;._ READ d APPROV ED BY GRANTEE(S): it t %=' {5400 . - _. .__~ ,. ..: .:.~, i~GaUVU72E; i~~ STLv~r1•tR7 7iTLE 2^ 'ii cc fi~i ;. t c~ ..._..•~ _ SPACE ABOVBTIIL4 LB~1B FOR RBU)RDC70 DATA _ Order lto.: 94rj51725 JH/NW WA,~tRANTY DEAD E'OR VALUE RECEIVED BEWS F tiD SMITH, Att IDAHO GENERAL PAF.TltERSHIP GRANTOR(S), daes(do) hereby GRANT, BARGAIN, SELL and CONVEY unto YAttKE; TRICOh, L.L.C. , Att IDAHO CORPGRir~';40At LINITF.D LLABILITY COMPANY, GRANTEE(S), whose current address is: ?. O. Box 5405, Boise,. Idaho 53705, the following destxibed real property in AuA County, State of Idaho more particularly described to follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND 1'O HOLD the said premises, with theic appurtenances unto the said Grantee(s), and Crrn:ce(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises arc free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject arxl those made, suffered or dope by the Grantce(s); and subject to reservations, restrictions, dedications, easenr-rlts, rights .of u~ay and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are rat yet due and payable, and that Grantor(sj ni11 w•arrrant and deferv! Ui~: same from all tawCul claims whatsoever. Datccl: November 18, 1994 BEWS AND SMITH STA'I'f:OF IDAito ) COUNTY OF ADA ) On Ulis 18th day of November , in the year of 1994 ,before me, Lhe undersigned, a Notarj Puoiic in and Ic. saiJ St:ac, parwral;y at.parcJ E. L. EEWS *!7D W. [3VRTON SMITfi, Ynown to me to by the partners in the partnership HEWS AND SMITH, and the partners whq..oabeCrribed said partnership name ,~,fv~ fnlasvs '~:pusorv(R)cxxha Ribxd to the u•rthin instrument, a:,d acknowledged.0 at r+ elbscy executed the carne, in paid parcncrship name. ~~l~ * '~~ 6 n v ~ I' Signatt~~~,~~'~'~ ~~----- btl10 /2. Name NITA L. WILSO!t ~~o~Sjl/11 Residing at: NOISE, . IDF~iO _____ Commission f?xpires: C3/1;; 99 ~~'T,4GH M ~;t-~T .~ ' ORDER NO. 94051325 JH/NW 16U3UUU72? E3DiIBIT "A° A parcel of land baing a portion oP the West Half oP the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Bofse-Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass -cap marking the Northwest corner of the Southwest Quarter, Section 8, Township 3 North, Range 1 East, Boise-Heridian, Meridian, Ada County, Idaho, .said point being THE REAL POINT OF BEGINNING; thence along-the Northerly boundary of the Southwest Quarter of said Section 8, South 89 degrees 54'09" East 662.35 feet to an iron pin; ` said pin marking *~se Northeast corner of the Northwest Quarter of the Northwest Quarter of the Southwest ~ Quarter of said Section 8; thence along the Easterly boundary of the West Hal! of the Northwest Quarter of the Southwest Quarter of said Section 8 South O degrees 2751° West 1,237.48 feet to an iron pin on the Northerly right o! way of the U.P.R.R. (Oregon Shortline); thence along the Northerly right of way oP U.P.R.R. (Oregon Shortline), North 88 degrees 30'00" West 662.01 feet to an•iron pin on the Westerly boundary of the said Southwest Quarter; thence along the Westerly boundary of the Southwest Quarter of said Section 8, North O degrees 2640" East 1,221.27 feet to THE POINT OF BEGINNING. ~TT~C ~ M~ I ~ • • YANI~.1; PI20Z'LZZ'~,~' Mr~N~.(71{:MIN'I' ) ono )3~~;~,~ T3oise, Idaho 83705 (208) 33G-29541PA7~ (208) 345-8658 April 10, 1997 CITY OF MERIDIAN Yanke/Tricon owners of the 10 acre parcel at the corner of Pine and Locust Grove in Meridian, has entered into a contract to sell the property to Donovan Bros. Inc. This sale is contingent on Dovovan Bros. obtaining a conditional use permit for their intended use of the property. Yanke/Tricon has agreed with Donovan Bros. to cooperate in their request to obtain this permit. M~.'c ael E . Ford for Yanke/Tricon STATE OF IDAljO ) ss. County of Ada ) On this ~_~day of 19~_, before me, a Notary Public, personally appeared _ m~c~4P.~ ~r~ )crown to me to be the person(s) whose name is subscribed to the Within instrtmient and ackroo,l©dgc~d t~ me that he executed the wine. IN WI71~iFSS WI~ERDJF, I have hereuntn set my 1~and arx3 affixed my official seal, the day ar~d year in tJ~is certificate first above 4,ritten. i~btary iic for S:~~te ci Idaho Residing a t : ~,~,,,%a.r1 I~ ltw,ttptlp RT 4 s t r MaaxM1 1110) t wtw r~sAirr ..: Rilp17UHY I ~ .. ,- ~\ • '~= ~~~\~. \\,., `v ~I:N~I_T __ _ ~~~~~: ~ ,~~~. It tp,t~wtp ~ \ 0 3~ R1 ~ ~~.~4 , _ . _ --- ---- _ _ - - - -- \_ t. ])~ ~ 8 g <~ Rtnuwiw3ll atan]pw \ ~ \ •, ~~ ^ , 1 ~ \,. ~... 1 w \: ~- -ason~asarsr=-=~ i ~•• ~' , -- - --- ~ l110017]wo ~ •\~ t ~ un.7ws 1 Rnxlxlpnp 1 \•. . ~ II ~\,ti i ~`.\~ 1 Q sl tOSt]]s10 ,\~~ I Qi ,\` Rtn.7ws o ^ mnaloa l l - - R1nlxws II 1 _ 18 R ___ ~^ 1 .. alwwl \, ~OS"CR- ____-_.. 1 I ~ '~ '- 19 ~ Rtn17wN0 O i ~ sttai]]NO ' R1n11+0 dC ! Rn7olms I ~ Rtnows ~; ~ s C` t R1n171d I ~ ppl.~.as ,Rwr1 rtra. .rrpw asn ,! Ruxww, °nox.xlas RIi71210 ~ ~ I 1 ~ - .. I N0.7 ~ 1 , I t Rn7wws § suata»w 1 Rn:1:.oi Ruxl:loit Rtnuwsw 1 ^ - - ~ A 1ba 3 fi ~ 1. ~~;eo r - -EaUC7/hLINCp`""- - '- app ~~ ~'---- I - R ftINiN110 . i ~ Q 1° ' i ~1M1 SeP ~ ' g ~ t~„= I ~- ~.~ ~ ~ sllu2lww e p ~ 1~ - Js- e IxZ- ~e ~ p 1gpy Rl01x)10 0 '•, q!!t1)tptw 11 ~l / ~ S ` R 1 „ p r- MM1p~R IIIREEEIII I • ~ 1R1p11a1011 `\ Rlpt i)IOtw I g 11 } i R f110sx1]w0 _ v_ _ _-. di _ ....... __ ! t0 $ 661 101 (, • ~lA t 6012)IOt ~ ~~ `/PStatly!'B!!. ~, ~ 1f utal]nw 1 tnltsalop: f - t 1 ! ~~f ~ ~_ ~ - _ ~~ ~1 ~ z,.-. L, ~ ;~ ` x II S //oS32s"g.io .r ~ _, 1 ,y~T ` -~' '• . sna]xp1o7 ~~. r-L .~ , ~.. Y~ ~'``~ si~os325425 `R ' IF ~~~ tlLN ~~b. ~ll - O Loot ~•~-~I _~ 9t w)It )111 „'~=>}"' I 1 _ . 1 7 ! Z"` Rpnpsuuo /,: unumt7o uvumtlo Rsnultnlo i 1 ~ ~ Z ]NDU y- T 1 I -~- - ..... snouapla (• ~... , ', . i _ ~ -- - ---- ---- 1 I Rstau7ww Raneslaoto utnmaow uulslww unuwp ~~ ~ I i I w.rw rul s x 1 n J Q Z L W i Z O F- Q J W ~a ~~ ~~ 1- ~~ g° a - Xe ....-, ~.w • f~f• 0•lH lMq iVl x0-1.1 fW.l fIi 31~11f f'1f VH 'i >e~ f33f+NV11 • Tl]33iN]3V •y d (saso~]ossd uosiy>>nF{ . sanly 1 N NYId 1N3WdO~3/13O '< :Nd~Ytll Q U ,.._r....n,.,. ^ . v ' ~ * SONB NYAONOO ONI ~ ~ All719Yd 3C>I~O ? 3B(lOH3WM aawraw r ~ M W w N ~ ~ ~ ~ Z m W ~~ ~ ~ ~ 11 {•1 Y/ ~~ 3 ~ x~x R ~ ~ ~x~ ~g~g~ ~b~~~~ o a ~ ~ ~ ~ ° r---•-•--• ---•-----•- --- ----- •- -•-•1 a -I t~ :` d F H a W ~ I f'l~ - ~~ I ~ ~ °r ~ ~ ~` _•r J I ~ ~~ Z I - ~ I ~ yyaayyLL~~~~ ~ w ~_ - ~ ~ ~ 'y} Z ~ ~ ~Q o o I ~° ,~ ~ ~ W 4 =kc~ au J w o I ~ $ ~ $,; ~ ~ a a 0 ~ ZLL ; I ~ ~W ~ ~~ ~~ ~WI~J o> Z I ~ w ~ ~$ ~~\ '~ W I ~I ~ Nw >a a I ~~ I W ,a nua o --------------~ ~ a .sr a .sr ~ W -a-ano~©-sae}-----t----~-~N3w3sy3_aa-3~yoa~ lsn~o~- 3anln~ -_-_-_-__- F-- ii ii I ~ ~9 Z a $ ---------• '" x a -• ~--- J ~~ ~ ~ W ~ ~~ J~ Q W Q ~ Z m 3 i ~,. 5~ CL L a ~ W S C7 .J a a v EXHIBIT C OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 KENNET W.L. "BIL WAYNE HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (20R1 RRR-4433 • FAX (2081 RR7-4R13 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY uu inueien•i n~ irman OY H W. BOWERS, Fire Chief L" GORDON, Police Chief . CROOKSTON, JR., Attorney Public WorksBuilding DeparUnent (208) 887-2211 V GREG OSLUNI Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACC KEITH BORUF ROBERT D. CORRIE RON MANNIN( Mayor TRANSIVIITTAL TO GENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your co ments and recommendations will be considered by the Meridian Planning Sz Zoning ssion, please submit your comments and recommendation to Meridian City Hall, Att :Will Berg, City Clerk by: May B, .1997 TRANSMITTAL DATE. 4/18/97 HEARING DATE: 5/13187 REQUEST: ti i for nditio al Pem~it for T "n Termin I n ox. 0- Acre ite . of Pine t eet and . of Nola Road forme I Locust rove R ad 13Y: r LOCATION OF PROP RTY OR PROJECT: NW 114 5W 114 Section 8. T.3N.. R.1 E., B.M_, Ada ount Idaho JiM JOHNSON, P/ MERIDIAN SGHOOL DISTRICT MALCOLM MACC Y, P/Z MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) RON MANNING, P ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P Z ADA PLANNING ASSOCIATION KEITH BORUP, P/ CENTRAL DISTRICT HEALTH BOB CORRtE, MA OR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA C!G SETTLERS IRRIGATION DISTRICT CHARLIE ROUNT EE, C/C IDAHO POWER CO. (PRELIM. & FINAL PLAT) WALT MORROW, /C U.S. WEST (PRELIM. 8 FINAL PLAT) GLENN BENTLEY, /C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPART ENT BUREAU OF RECLAMATION (PRELIM. ~ FINAL PLAT) SEWER DEPART ENT CITY FILES BUILDING DEPAR MENT OTHER: FIRE DEPARTME YOUR CONCISE REMARKS: POLICE DEPART NT CITY ATTORNEY CITY ENGINEER GITY PLANNER G i Conditional Use Permit Application April 10, 1997 Trucking Terminal with office, East Pine Street and N. Locust Grove Road 1. Name, address and phone number of applicant: Mr. Darrell Donovan Donovan Brothers Commercial..Construction P.O. Box 818 1501 W. Valley Highway N. ,Suite 101 Auburn, WA 98071-0818 Tel: 206-939-2777 Fax: 206-939-7994 Owners Representative for all correspondence and notices: Morten O. Awes, AIA Awes-Hutchison & Associates, Architects & Planners 405 S. 8~' Street, Suite 155, Boise, ID 83702 208-367-0000, FAX 208-367-00.11 2. Name, address and phone number of owner of subject property: YANKE/TRICON, L.L.C., DBA/Yanke Property Management 1090 Boeing, Boise, ID 83705 Tel: 208--336-2954 Fax: 208-345-8658 3. Legal description of property: A parcel of land being a portion of the Northwest Quarter of the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a brass cap marking the Northwest comer of the Southwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, said,brass ~capalso.being_~he REALP0~1T' OFBEGIl~Il~TIl~Tt~; thence alone the Westerl~ boundary of the said Southwest Quarter of Section 8 South 00 degrees 26'40" West 671.17 feet to an iron pin; thence leasing said Westerly boundary of the Southwest Quarter of said Section 8. South 88 degrees 30' 00"_East .6.62.21 feetxoaniron~in, said ~ran.pinmarking the Easterly boundary of the West Half of the Northwest Quarter of the Southwest Quarter of said section 8; thence along said Easterly boundary of the West Half of the Northwest Quarter of the Southwest Quarter of Section 8 North 00 degrees 27'Sl".East-687.3$ feet o aniron~in_ma~.theNortheast corner of the $aid West Half of the Northwest Quarter of the Southwest Quarter of Section 8, said iron pin also being on the centerline of East Pine Street; thence leaving said Easterly boundary and along said centerline and the Northerly boundary of the sari West. Half of_thel~lorxhivest Quarter_ofxhe-Southwest Quarter of Se¢~ion 8 North 89 degrees'S4'09" West 662.35 feet to the POINT OF BEGINNING. CUP Application Donovan Brothers Comes. Coast 4/10/97 4. Proof of ownership nf__~ubjeet~rQperxy~(warrant_ydeed)and_notarized_cousent_of property owner. See attachment A 5. Description of ezisting use: Farm land. 6. Present use of subject property: Farm land. 7. Proposed use o~'_the.subjECtproperty: The southern portion of the property will be paved and a trucking terminal with attached office and a future detached maintenance shop will also be included. The northern portion will be undeveloped and reserved for future development. The terminal will expand.to.the w~stln.thefuture. 8. The District (present zoning) that pertains to the subject property: IL zone is the present zoning. 9. Thirty (30) copies_ofa vicinity~ap~ofa.scale nf_one.inch equals xhree hundred feet (1" = 30~'): See attachment B 10. A plan of the prnposed.sitefor_the c~nslitinn9lnse~howing_thelacationnfall buildings, pa~ldng and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). See Exhibit C 11. Characteristics of subject property which make a conditional use desirable: Surrounding property is zoned light industrial and this land use as proposed is completely consistent withxhe~djacent property. 12. A listing of the mailing addresses of all property owners (from authentic taz records of Ada County) who are within three hundred feet (300') of the ezternal boundaries of the ]and being considered., and a list_nf all~wners ~thin~he. area being considered for conditional use: See Attachment D 13. A fee establishgd by the_Cnuncil; _X275.Il0_plus~1..42..each.for_certified.mailings for each property owner listed within the 300 feet =Total fee. Donovan Brothers Commercial Construction: Check #6027, 4-8-97 in the amount of $275.00. CUP Application Donovan Bmihers Comm. Coast 4/10/97 14. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use bierwidential,.comme_r~nrindustrial;_and The user of the property, Donovan Brothers Commercial Construction, agrees to pay any additional sewer, water or trash fees or charges associated with this industrial use. 15. The application~shall bye verified by..the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. The applicant has read the contents of this application and verifies that the information contained herein is true and_correct. 16. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as.partof_thaapplication. The applicant agrees to post 1 week before the hearing that a C.U.P. has been applied for, and it will state the time, date and place of hearings. Signed: ~Z~~~~-~~,,/~l~A Morten O. Awes, AIA Applicant's Representative C.U.P. Application Submitted: Morten O. Awes, AIA Applicant's Rep~eseutative 4-10-97 CUP Application Donovan Bmdiers Comm. Coast 4/10/97 Y 410 ~ ~ ~ z ~i=yqls~~isl.s- __ .~_>•; Tx)s row.+ rvRNrsxm coutrrnsr oF: ~ ..: ,,:. G 1 ~'tl:!(1(j ()?;t: f; 3 i5~ , STEWART TITLE STi:.Y'rflt~- T TITLE 'S`i i'1u 2c (ii'i ; 2 RBAD tr. APPROVED BY CRANTEEtSY RcLG ~. .. !. •~IOf SPACB ABOVBTIIIS LN76 FOR RECORDCIQ DATA _ ' {5400} Order Iio.: 94051735 JH/NW WA,RRAIVI'Y DE~:D FOR VALUE RECEIVED BEWS F itD SMITH, AIt IDAHO GENERAL PAF.T!tERSHIP GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto YANKE; TRICOty, L.L.C. , AN IDAHO C(>RPAR+'1'ION LINITF.D LLABILITY COMPANY, GRANTEE(S), whose current address is; ~, o. Box 5405, Boise,. Idaho 33705, the following desatbed real property in Al)A County, State of ldalta, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part_ hereof. TO HAVE AND 1'O HOLD the said premises, with their sppurtenances unto the said Grantce(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) dces(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises arc free from all encumbrances, EXCEPT. those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easenr_nu, rights o(way and agreements, (i(any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) «itl uarrrant and defervl the same from all lawful claims whatsoever. Dalcd: November 18, 1994 BEWS AND SMITH STA'fI? OF IDAHO ) COUNTY OF ADA ) On dds 18th day of November , in the year of 1994 ,before me, the undersigned, a Notary PuUiic in and fo. said State, personally at,pcared E. L. BEWS A?7D W. BURTON SMITH, known fo the to bP the partners in the partnership BEWS AND SMITH, and the partners whg..~abeG,ribed said partnership name ,.,,Eve oo(~ovrha ~$ to the v.•tthin instrument, and acknowledged;0 at t ~ e/dsey executed the same, in said paccnership name. * 7~ ; Signat ~G'~-^,~-~ O~ • ~ / '(~IVL ~2= Name: VITA L. WILSOtt .: 2 .r-•~y ; tern «~ ,, O S71M• , Residing at: BOISE, IDAHO ___ ht Commission Ex ices: U3 1; / 99 ~TT.~GH M ~~•4T .~• ! ~ 'ORDER NO. 94051325 JH/NW EXHIBIT ^A" 18U30UU72? A parcel of land being a portion of the West Half of the Southwest Quarter of Section 8, Township 3 North, Range i East, Boise-Meridian, Meridian, Ada- County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of the Southwest Quarter, Section 8, Township 3 North, Range 1 East, Boise-Meridian, Heridian, Ada County, Idaho, said point being. THE REAL POINT OF BEGINNING; thence along the Northerly boundary of the Southwest Quarter of said Section 8, .South 89 degrees 5409" East 662.35 feet to an iron pin; said pin marking }fie Northeast corner of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of said Section 8; thence along the Easterly boundary of the West. Half of the Northwest Quarter of the Southwest Quarter of said Section 8 South O degrees 2751^ West 1,237.48 feet to an iron pin on the Northerly right of way of the U.P.R.R. (Oregon Shortline); ti-ence along the Northerly right of way of U.P.R.R. (Oregon Shortline), North 88 degrees 30'00" west 662.01 feet to an iron pin on the Westerly boundary of the said Southwest Quarter; thence along the Westerly boundary of the Southwest Quarter of said section s, North O degrees 2640" East 1,221.27 feet to THE POINT OF BEGINNING. YANl~1~ PROZ'LR`I,~' I~~A.NA.(YI{:1~~1N`~' ] 090 13ocin~ Boise, Idaho 83705 (208) 33G-2954/rAX (208) 345-BGSS April 10, 1997 CITY OF MERIDIAN Yanke/Tricon owners of the 10 acre parcel at the corner of Pine and Locust Grove in Meridian, has entered into a contract to sell the property to Donovan Bros. Inc. This sale is contingent on Dovovan Bros. obtaining a conditional use permit for their intended use of the property. Yanke/Tricon has agreed with Donovan Bros. to cooperate in their request to obtain this permit. /~~~~ ~~~ M~'c ael E . Ford for Yanke/Tricon S'L7aTE OF ID111i0 ) ss. County of Ada ) On this ~~~day of Q 19~, before me, a Notary Public, personally aPI~-~~ /'~? /C1set ~ {Oran krbwn to me to be the person (s) wt~se name is subscribed bo the within instrLmient aril ackrx~~,ledged try me that he execute3 the same. IN WI7Z~SS W[iIItDOF, I have hereunto set my }zarr3 arzi affixed my official seal, the day arm year in t}~is certificate first above 4,ritten. __ rn_ ~_~-~+f ___ _ t~btary i.ic for S;l~te cf Ida}~o Residing at: _l~~rr.~-Q.. ~ i PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC Parcel 85512710130 Code Area 03 Type Qty Value Name BOOTH JEFF MARTIN & 200 .180 17000 ELIZABETH ANN 410 71900 Buyer 994 35950- C/O Address 910 N SCRIVNER WAY ~,.. MERIDIAN ID 83642 - 4027 Last Change 93/05/25 By ASR_WEAVER 4/].0/97 ACT I VE.,,- Data From Master Bank Code FMC Lien Code URB Prepaid .-,_ L.I.D. _ Bankrupt Sub .Code _,_, Annexation *NO Total 52950 Notes Desc. LOT 1 BLK 2 MAWS ADD #1 Exemption #9320713 Grp 000 Typ 000 Ap M27520020010 3N lE b7_ Hardship Property Zoning R-8._, Flag _ Address 00910 N SCRIVNER.__ WAY- MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: ,_._ F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II Sl AS440 KB Attachr~en~' "p'~ • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC 4/10/97 Parcel 85512710140 Code Area 03 Type Qty Value ACTIVE-„ Name SCARPELLA JEFF L 200 .160 17000 Data From 410 65700 Master Buyer Bank Code FMC C/0 Lien Code URB Address 3917 PREAMBLE PL Prepaid _ L.I.D. _ BOISE ID Bankrupt rt 83706 - 5849 Sub.Code Last Change 96/06/12 By ASR_CHADWL Annexation *NO Total 82700 Notes Desc. LOT 2 BLK 2 MAWS ADD #1 Exemption #9384185 ~, Grp 000 Typ 000 Ap M27520020020 31~ 1E 07_ Hardship Property Zoning R-8 _ Flag _ Address 00922 N_ SCRIVNER WAY- MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB Rito~-h~men`~ «p» • PFMR02PUB 97 N E W M A S T E R U P D A T E Parcel 85512710150 Code Area 03 Type Qty Name BANKS SHELEEN 200 .180 410 Buyer 9g0 C/O Address 938 N SCRTVNER WAY MERIDIAN ID 83642 - 4027 Last Change 94/04/05 By ASR LAZEN Desc. LOT 3 BLK 2 MAWS ADD #1 #94022586 #94023491 Total Grp 000 Typ 000 Ap Exemption M27520020030 3N lE 07_ Hardship Property Zoning R-8~ Flag _ Address 00938 N_ SCRIVNER WAY_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: __.. F2=Select F3=Exit F10=Tax 22-7$ SA MW KS IM II Sl AS400 KB PUBLIC 4/10/97 Value ACTIVEi 17000 Data From 65000 Master 32500- Bank Code SSC Lien Code URB Prepaid _ L.I.D. _ Bankrupt ,_ Sub.Code E4 Annexation *NO 49500 Notes ~~ >> A-H-atchrnen-4- D • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC Parcel 85512710160 Code Area 03 Type Qty Value Name BAILEY KEVIN DAVID & BARBARA J 200 .290 17500 410 85600 Buyer 990 42800- C/O Address 946 N SCRIVNER WAY, MERIDIAN ID 83642 - 4027 Last Change 94/06/30 By ASR_MOUSER Desc. LOT 4 BLK 2 MAWS ADD #1 #94035896 Total Grp 000 Typ 000 Ap Exemption M27520020040 3N lE 07_ Hardship Property Zoning R-8_ Flag _ Address 00946 iV SCRIVNER WAY- MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: _ F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB 4/10/97 ACTIVE- Data From Master Bank Code NBK Lien Code URB Prepaid _ L.I.D. _ Bankrupt _ Sub.Code J4 Annexation *NO 60300 Notes Attach ment "Q" • • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLI C 4/10/97 Parcel 85512710170 Code Area 03 Type Qty Value ACTIVE,,._„ Name VANDECOEVERING JAMES P & 200 .160 17000 Data From BRENDA L 410 78200 Master Buyer 990 39100- Bank Code NO12 C/O Lien Code URB Address 960 N SCRIVDTER WAY Prepaid T L.Z.D. _ MERIDIAN ID ~„_ Bankrupt „_ 83642 - 4027 Sub.Code T Last Change 95/05/09 By ASR_MOUSER Annexation *NO Total 56100 Notes Desc. LOT 5 BLK 2 MAWS ADD #1 Exemption #95020933 Grp 000 Typ 000 Ap M27520020050 3N 1E 07_ Hardship Property Zoning R-8 _ Flag _ Address 00960 N SCRIVNER WAY_ MERIDIAN ID 8364 2-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: ~. F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS 400 KE • • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLI C 4/10/97 Parcel 85512710180 Code Area 03 Type Qty Value ACTIVE- Name OLSON BARBARA J 200 .160 17000 Data From 410 76000 Master Buyer 990 38000- Bank Code NOR C/O Lien Code UR$ Address 988 N SCRIVNER WAY Prepaid _ L.I.D. _ MERIDIAN ID Bankrupt _ 83642 - 4027 Sub.Code _ Last Change 96/01/10 By ASR_CHADWL Annexation *NO Total 55000 Notes Desc. LOT 6 BLK 2 MAWS ADD #1 Exemption #95081505 Grp 000 Typ 000 Ap M27520020060 3N lE 07_ Hardship Property Zoning R-8 _ Flag _ Address 00988 N SCRIVNER WAY MERIDIAN ID 8364 2-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: _ F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS 400 KB A~'OlGhr~2'~~ «p,, • • PFMR02PUB 97 NEW MASTER UPDATE Parcel 51108233800 Code Area 03 Type Qty Name NEW$ERRY ENTERPRISES 220 4.880 430 Buyer C/0 HI-MICRO TOOL CORP Address 1410 E PINE AVE „_„ MERIDIAN ID 83642 - 5938 Last Change 96/06/17 By ASR_KINSH Total Desc. PAR #3800 OF SW4NW4 SEC 8 3N 1E #8447798 Grp 000 Typ 000 Ap Exemption M3N1E0083800 3N 1E 08_ Hardship Property Zoning I-L___. Flag _ Address 01410 E_ PINE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: „_ F2=Select F3=Exit F10=Tax 22--78 SA MW KS IM II Sl AS400 KB PUBLIC 4/10/97 Value ACTIVE, 122000 Data From 903000 Master Sank Code Lien Code Prepaid __._ L.I.D. _ Bankrupt ,~ Sub.Code _ Annexation *NO 1025000 Notes A fi~o. c~ men~C << ~>> • • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC 4/10/97 Parcel 51108233980 Code Area 210 Type Qty Value ACTIVE- Name NEWBERRY ENTERPRISES 120 1.500 29500 Data From 340 45200 Master Buyer Bank Code C/O Lien Code Address 1410 E PINE Prepaid L.I.D. _ MERIDIAN ID Bankrupt _,_,. 83642 - 5914 ~ Sub.Code _„_ Last Change 96/12/23 By ASR2 ALLEN Annexation *NO Total 74700 Notes Desc. PAR #3980 OF SW4NW4 SEC 8 3N 1E Exemption #96082290 ~~ Grp 440 Typ 000 Ap 03NO1E083980 3N 1E 08_ Hardship Property Zoning RT Flag _ Address 01740 E_ PINE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: ,r. F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM TI S1 AS400 KB 1~~ar~hr~en~C "p'' • • PFMR02PUB 97 NEW MASTER UPDAT$ Parcel 51108234110 Code Area 210 Type Qty Name B W INC 120 11.000 Buyer C/0 Address 250 BEECHWOOD DR STE 120 BOISE ID 83709 - 0944 PUBLIC 4/10/97 Value ACTIVE- 80000 Data From Master Bank Code Lien Code Prepaid _ L.I.D. Bankrupt _ Sub.Code _ Last Change 94/11/07 By ASR_ALLEN Annexation *NO Total 80000 Notes Desc. PAR #4110 OF S2NW4 SEC $ 3N lE #234100-244300-C #9155347-48 Grp 000 Typ 000 Ap 03N01E084110 3N lE 08_ Hardship Property Zoning RT Address 00000 E_ PINE AVE_ MERIDIAN ID Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 Exemption Flag _ D.D. _ Action: _ KB • • PFMR02PUB 97 N E W M A S T E R U P D A T E Parcel 51108325410 Code Area 210_ Type Qty Name B W YNC 120 14.820 340 Buyer C/O Address 250 BEECHWOOD DR STE 120 BOISE ID 83709 - 0944 Last Change 94/11/07 By ASR ALLEN Total PUBLIC 4/10/97 Value ACTIVE- 96000 Data From 69400 Master Bank Code Lien Code Prepaid _ L.I.D. Bankrupt _ Sub.Code _ Annexation *NO 165400 Notes Desc. N2NE4NW4SW4 N2N2NE4SW4 Exemption SEC 8 3N lE #9154992 Grp 000 Typ 000 Ap 03N01E085410 3N 1E 08_ Hardship Property Zoning RT Flag _ Address 01805 E_ PINE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: _„_ F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB ~t~acl~n~ct~~ "p'' • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC Parcel 51108325425 Code Area 210_ Type Qty Value Name B W INC 180 14.820 98000 Buyer C/0 Address 250 BEECHWOOD DR STE 120 BOISE ID 83709 - 0944 Last Change 94/10/11 By ASR_OTT 4/10/97 INACTIVE Data From Master Bank Code Lien Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code _ Annexation *NO Total 98000 Notes Desc. S2N2NE4SW4 S2NE4NW4SW4 Exemption SEC 8 3N lE #94038861 Grp 000 Typ 000 Ap 03N01E085425 3N 1E 08_ Hardship Property Zoning RT Flag _ Address 01835 E_ PINE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: _ F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB /~~Qc~rne~$' «p,~ • • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC 4/10/97 Parcel 851755 20110 Code Area 03____ Type Qty Value ACTIVE- Name LAYNE OF IDAHO INC 220 1.505 105350 Data From Master Buyer Bank Code C/0 Lien Code Address PO BOX 1005 Prepaid .~ L.I.D. _ NAMPA ID Bankrupt ._,_. 83653 - 1005 Sub.Code _ Last Change 96/09/18 By ASR_KINSH Annexation *NO Total 105350 Notes Desc. LOT 1 BLK 2 LAYNE INDUSTRIAL PARK SUB Exemption Grp 000 Typ 000 Ap M31840020010 3N 1E 08_ Hardship Property Zoning I-L_. Flag _ Address 01868 E_ COMMERCIAL ST_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB ~,~fC~Ch me.~~" ~~p>> • • PFMR02PUB 97 N E W M A S T E R U P D A T E PUBLIC 4/10/97 Parcel 85175520010 Code Area 03 Type Qty Value ACTIVE- Name FERNANpEZ KENNETH L & SHERRY L 220 1.265 88550 Data From Master Buyer Bank Code C/O Lien Code Address 4531 ALPINE ST Prepaid _ L.I.D. _ BOISE ID Bankrupt _ 83705 - 0000 Sub.Code _ Last Change 97/02/12 By ASR2_COMBS Annexation *NO Total 88550 Notes Desc. LOT 1 BLK 1 LAYNE INDUSTRIAL PARK SUB Exemption #97006565 Grp 000 Typ 000 Ap M31840010010 3N lE 08_ Hardship Property Zoning I-L _ Flag _ Address 01849 E_ COMMERCIAL ST_ MERIDIAN ID 83642-0000 D.D. _ Space Type 1 REAL Roll 1 P RIMARY Occ. 0 NON-OCC Action: _,_, F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB • PFMR02PUB 97 NEW MASTER UPDATE Parcel 51108325404 Code Area 03 Type Qty Name ANDERSON LUMBER COMPANY 010 7.730 --~--- Buyer _,.,", C/0 Address 4700 HARRISON BL't7D OGDEN UT 84403 - 4305 Last Change 95/09/26 By ASR_DIXIE ~,. Total PUBLIC 4/1,0/97 ~Ialue ACTIVE-. 8149 Data From Master Bank Code Lien Code Prepaid L.I.D. _ Bankrupt _,.._ Sub.Code T Annexation *NO 8149 Notes DesC. PAR #5404 OF NW4SW4 SEC 8 3N 1E #325400-5 #95001258 Grp 000 Typ 000 Ap M3N1E0085404 3N 1E 08_ Hardship Property Zoning I-L_._. Address 00000 E_ PINE AVE_ MERIDIAN ID Space ~ Type 1 REAL Roll 1 PRIMARY OcC. 0 NON-OCC F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 Exemption ._.._ Flag _ D.D. _ Action: _.._ KB f~~ aC~ cc~e~~ `~ (J" • i PFMR02PUB 98 N E W M A S T E R U P D A T E Parcel 51107417212 Code Area 03 Type Qty Name RAILSIDE DEVELOPMENT INC 010 22.929 Buyer C/O Address 4414 GEKELER LN BOISE ID ~,~ 83716 - 5240 PUBLIC 4/10/97 Value INACTIVE 22363 Bank Code Lien Code Prepaid - L.I.D. _ Bankrupt ,.,,,_ Sub.Code „_ Last Change 96/06/12 Ey ASR2_COMBS Annexation *NO Total 22363 Notes Desc. PAR #7212 OF NE4SE4 SEC 7 3N lE Exemption # 417 210 - S _____„__~ #96039917 M3N1E0077212 3N 1E 07_ Hardship Property Zoning T-L_ Flag _ Address 01125 E_ PINE AVE_ MERIDIAN ID - D.D. _ Space _____,~ Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: _ F2=Select F3=Exit F10=Tax 22-78 SA MW KS IM II S1 AS400 KB • PFMR02PUB 97 N E W M A S T E R U P D A T E PUB LIC 4/10/97 Parcel 51108325402 Code Area 03 Type Qty Value ACTIVET Name YANKE/TRICON L L C 010 10.770 11353 Data From Master Buyer Bank Code C/O Lien Code Address PO BOX 5405 Prepaid .,_ L.I.D. _ BQISE ID Bankrupt ____ 83705 - 0405 Sub.Code Last Change 95/09/26 By ASR_DTXIE Annexation *NO Total 11353 Notes Desc. PAR #5402 OF NW4SW4 SEC 8 3N lE Exemption # 3 2 5 4 0 0- B ____,___ Grp 000 Typ 000 Ap M3N1E00$5402 3N lE 08_ hardship Property Zoning I-L _,,, Flag _ Address 00000 E_ PINE AVE_ MERIDIAN ID D.D. ,.` Space ___,,,_____ Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: _,,., F2=Select F3~Exit F10=Tax 22-78 SA MW KS TM II S1 AS400 KB ~ ~ 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 7:00 p.m., on May 13, 1997, for the purpose of reviewing and considering the Application of Donovan Brothers Commercial Construction, for a Conditional Use Permit for land located in the NW'/4, SW'/4 Section 8 T.3N. R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located S. of Pine Street and E. of Nola Road (formerly Locust Grove Road). The Application requests a Conditional Use Permit for a trucking terminal. 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 25th of April, 1997. _ _ ,~~~~ LIAM G. BERG, JR., LERK PUBLISH April 25, 1997 and May 2, 1997. • 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 7:00 p.m., on June 10, 1997, for the purpose of reviewing and considering the Application of Donovan Brothers Commercial Construction, for a Conditional Use Permit for land located in the NW'/4, SW'/4 Section 8 T.3N. R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located S. of Pine Street and E. of Nola Road (formerly Locust Grove Road). The Application requests a Conditional Use Permit for a trucking terminal. 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 23`d of May, 1997. WILLIAM G. BERG, JR., C ERK PUBLISH May 23 and May 30, 1997. ]IIY,11R1SR ~\\ \ PLEASANT I ~ .. f ~ \;,~ ,: R,le.laaaw N ~• .• . N...N.If I \ \ __ -- ~~••:~ ~~ ~ m mnlw o ~ • nl~ ~ g <~ Rlala+eaws I I fnofl]aaw •'\ ~\ \., / `-'-\ i ~ 20 - ~ ~ ~ ]III \`~` w '•\:::\ ~...~ , •~ . ~... 1 i- L'SOTHSSd!'ST-+- - -- ` Rnla•mw 1 ~ ~ ~•• ~:'• ~'"~ .~~ ._ ~ ... I 1 fllaiuwo ~ '~,.~4 Rv3w•oee I ua:a•uarf II 4 •~., s ; ~ ,\, •lq -- f11M33NIS \~• Rt a3•Swf 0 : I •\~" Rlai•3.0la 1 1 Rlai•R•01 I 11M1`r1 ~ . IDb`DR- -~ --' ~ 1 ~~ 19 ~ R117•]•ONO i ~ ~ e11Wi]]f•0 Rl,l.a.u»~ I l! Rlaa.s.a. , . 11 I r 2 /\I Rlaiu• `I; ~ N~~s 1'"O'1 ~ uws~r usn Rnl•lwa ~". ~ I N0.7 I A Rniwuel RI]3•i•Ow0 II snal]swR .. . 1~ Rllt•]IOa R113•UOal ---TMA ,'' 1'' ;,~ ~e P ~~ a'' '_A rll __ _!7_ uwfavw 1 - ~ a1a1 I ~ '•• r - -~dtlQ1MKN't~'_ ~f0° g ~ ~ I Y M1, ~ ~ 1110e1]•w0 ~ ~ f~. ti~~g a L ~ ~ J~O~ i I ~ ly R361Ya10f00 i S lug a o f RS613a10 0 ~\ It \ ~ 11Y1 Y ( ,~ ^ ~ Reelia101 \I\ 1\\~ we13a101w NeWM1 1 ~ ~. 11 ~ ! fllau]wo g 1 le 8 eel 101 - ~ _ ~ `_ J I ~~ 1 asi:nol j~ ~ ~~ ~. ~~.-'~ ' f110f]b]fw 1 Realanooa ....r..+..~+.~w ,,,,taea~ - ~ s -t, ~ <y IR1. II 3° }': w ~ ~1 k'~r - '~ -- ~ w~F ~ .. ri. . { ~~ 11 Ik ~ ~~ S //O832s'¢/o e c,V~TEGT _ ~ ~ I -~ i ~~ snou3ea3 ,~ yY `,~\ti Si/o8325425 i3 ~' - Re LM 1~t, ~\~~ ~ . ~-~' A~ of Ssw 1 \`\ 11!11 i 1 S ] r I LAYNE 1 Rome]mw woeetollo Rel»e3mw ice` ~ I ~ Rsvsuono i I ~ z IlVDU ~- u Iwals•o• ~ - ... ... I. ~._' ~ I I 1 -- - - - ---~~~~~~ ~~_ ~_.. _ - I I Rsnwiwlo Relawlww wnaa3oo]o Rentaoow wlaeaoo: a ] ~ 1181HX~ A E a~~Z m ~~ • fl 4 @@~ R~ Z 45 4~ 45' ~ - -J I O ~~~~~0 hM NOU1 6T. ~ ~j ~ 7 T ~ + `DV `~_p r N , m x ~ r N m c DOFF. L T ~ ~_ V r z ry _ 45 ....: 4mm' I I _I -__-__-__-__-__-__-__-~~-__-__-__-__ ~y-~yI ~ ~1~__p-~--~y~ SL. .--+.-.-. LVV~ \7 FUTURE LOCUST GROVE RD EASEMENT fi , __-_ m a ~,~ ~ ~ ~--- 45' 45' I -1~I ~ I v ~E NT E 6 I i~ m a.~,,,, ; ~ -I mx i ~ ~ m~ i ~ 2 ~ ~~ m ~ ~ ~ $~ ~ ~ ~ ~ > my ~ i I m N N y Z~ G -I ~ I r qI ~ R x ~ m o z 0 ~ < ~ ~ ~ x I I opL~ " ~ I O m i v m ~~~55 ~ m ~~ S m ~ E ~ I x; m 3 - 3- ~~ I ~ m ~ ~ ~ ~ ~ ' Z ~ ~'~ _ m mv~€ i I -1 ~ f r~ t ~~ ~ Z m g -1 30' p QFF Z ~ a i I r i -.I ~~ a ...m' E Q @ Q ~ R m 4 N Z ~ !(J Cl > 1 m' i{. m m W A PROPOtED WAREHOUSE i OFFICE FACIIJTY ~' DONOV AN B R03 INC. ~ ~ ~ r ~ N O TRAFFIC 8 DEVELOPMENT PLAN ~~m~mA~ T N ~ ~ ~ m p x ~ T a m qqx pxp~~ T q ~ N T N r T Awes Hutchison Associates, P.A. MCNiiECit • ~UNNFIS e ~eE S. F fiiFiei~`E Nf 8j ~w.. N~4 s•w~ ~r~ooeo w. non ~er~oon n. ..a.rr~_.r...~ ~~ ~~ ~~ O ~ 9 0 2 ~ + 9 T N x q T D rn O Z Tm ~/ Z r ~_ '~1 ~m^ V C r O x -~ ~~ N ~ ~ ~t~cE~v~D • 2 8 ~oo~ CITY Ot MERIDIAN 'ylave~ui & ~le~udiar~ ~Iviigatiou Diot~etct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 6 August 19 9 7 Phones: Area Code 208 OFFICE: Nampa 466-7861 Donovan Brothers Boise 343-1884 P . O . BOX 818 SHOP: Nampa 466-0663 Auburn, WA 98071-0818 Boise 345-2431 RE: Oak Harbor Freight Lines - Land Use Change Application Dear Donovan Brothers: The plans for Oak Harbor Freight Lines have gone through the preliminary review process by the Water Superintendent, John P. Anderson, and it appears that all drainage will remain on site and that there are no Nampa & Meridian Irrigation District facilities on site. Because of this, we will be returning $500.00 of the fees you submitted for the Land Use Change Application. Enclosed please find money order #6403002537 in the amount of $500.00. According to Mr. Anderson, if the above-referenced project is constructed according to the plans received, it does not appear that it will impact the Nampa & Meridian Irrigation District's operation. Please feel free to contact Mr. Anderson if you feel further comments are required. Sincerely, ~• L~?~ Donna N. Moore, Assistant Secretary/Treasurer cc: File Each Director Water Superintendent Bill Henson John Sharp Pinnacle Engineers, Inc. City of Meridian Ada County Development Services enc. ~o0p~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian City Council July 1, 1997 Page 17 ITEM #11: REQUEST FQR A CON COMMERCIAL CONSTRU O ON. TRUCKING TERMINAL BY DONOVAN BROTHERS Corrie: Are there Members of Donovan Brothers here? Balster: My name is Richard Balster, I am with Donovan Brothers Construction. Donovan Brothers is requesting a conditional use permit for Oak Harbor Freight Lines. They are planning on building 2000 square feet of office. It is going to be on 10.33 acres, 6 acres will be Oak Harbor Freight Lines and the remaining will be left for future development. Oak Harbor Freight Lines currently is located. in Boise so it will be a new business located in the City of Meridian. Oak Harbor is voluntarily widening the road at Franklin on (Inaudible). We will be planting 116 trees around the perimeter of the site. (Inaudible) I will get to that later. ACHD has given us our blessing, said that the streets are adequately designed to handle the additional traffic. Oak Harbor Freight lines has agreed to pay our proportion that is shared to upgrade a water line. Oak Harbor Freight Lines had a little concern about the school that is being developed across the street. We have researched that, it is an alternative use school and they are being bused into that location. So there is not going to be a lot of walking from the or any walking from the residential area that is nearby. Das soon as werreceivel a clond t onalbuse perm t undeveloped portion of the property then we can close on the property and proceed with that portion of this property. Donovan Brothers is requesting that the conditions that affect this portion of the property be applied when this property is developed. This would benefit both the City, ACRD on the Pine Street and new Locust Grove design when that is totally complete. ACHD is not requiring us to do any work on that area at this time But it has been requested by Planning and Zoning. The project Pine Street and new Locust Grove is not on ACHD's five year plan. ACRD has told us they don't have the funds to purchase any additional right of way on those streets. What that would affect is this (inaudible) right up here we have to the some irrigation ditches, dedicate the right of way on Pine Street and plant this 15 feet of landscaping. This landscaping and this sidewalk before this project is developed. We would like to make that conditioned upon the future development when that is developed. Because things could change and there might be some problems with this. We hate to have these areas put the nice landscaping in everything like that now and things change in the future. This road and the the would be underneath the street which would probably have to be changed in the future costing the land owner and ACRD more money. That is all I have, if you have any questions. Bentley: What are the hours of operation that you are going to have there? Balster: I stated that is was approximately 4:00 to 6:00, 4 a.m. to 6 p.m. but that was incorrect. I have the terminal manger is here tonight and he can address some of those concerns. Steadman: My name is Dave Steadman, I am the district manager of Oak Harbor Freight Lines based in this area. Our operation generally begins at full force about 6 } • Meridian City Council July 1, 1997 Page 18 a. m. our customers may call us frequently to come in early to off load at some warehouse or wherever so we would start a truck and go out sometimes as early as 5 or 5:30. We wrap up our operation and we are heading toward Portland or Seattle about 6:30 to 7 p.m. at night. We do not operate on Sunday, that doesn't .mean we wouldn't have a truck come in from one of our marketing partners or business partners from the east coast but Oak Harbor Freight Lines has never operated on Sunday. We don't fly, we don't travel, we don't run sleeper team operations (inaudible). Bentley: What type of trailers do you pull? Steadman: We run 28 foot and 32 foot (Inaudible) Bentley: Doubles and triples? Steadman: Yes and then our partners may come in with 48 to 53 foot trailers. Bentley: Is there going to be any repair facilities built now or in the future? Steadman: It is proposed far the future, the design or the terminal architectural design I believe shows a future shop. We build state of the art facilities and we just finished two years ago a terminal in Portland. This one will look pretty much like our Eugene, Oregon operation. Bentley: How much truck traffic are we looking at? Steadman: What we typically do at about 10 a.m. in the morning we will have 7 to 8 tractors hooked to single (inaudible) distributing the goods for our customers throughout the valley. Then we try to prevent them from coming into the terminal of course that is a cost that we try to control. Then in the afternoon they are picking up and coming back into the terminal at about 4:30 or 5:00 in the afternoon. So as far as heavy truck traffic in and out all day we try to restrict that. We like those guys out there in the valley servicing the constituents. Rountree: I had a question, ACHD indicated that the capacity was there but my concern was the radius of some of the corners to handle some of the tractor trailer combinations that you are bringing in there. It seems to me that it is going to be a pretty tight squeeze on Franklin and Meridian Road or East First. It probably works okay on the Eagle end but I can see that can create some traffic inconvenience for periods of time for a fair amount of commuter and residential traffic. Have you addressed that with ACHD? Steadman: When we looked at this property we were concerned about that as well and we walked it and we also hooked a set of doubles and triples to see just what our capabilities were and what those turns could afford us. We moved ahead based on the adapting of the roadway there. So we feel like we have adequate access, ingress and egress there. I don't think we would cause any more or too much more of a delay than Meridian City Council July 1, 1997 Page 19 the school busses in the situation that they exist now coming in and out of there in that close proximity. So it would be similar to what the school busses do. Balster: ACRD didn't have any problem with the access. Rountree: Well the access is there but the turning radius is pretty short on some of those corners. Tolsma: (Inaudible) Rountree: I know but when you are sitting there as a citizen of Meridian in the turn bay and you get this great big huge tractor trailer, truck trailer coming around the corner about 15 miles per hour and not seeing you climbing over your front fender like I had to back out of the way last weekend at about 10 o'clock at night on Cherry Lane and it gets your attention. And I just bring it up as an issue. Steadman: The commercial and industrial businesses are there now of course have traffic going in for their delivery and distribution of goods as well. So that Rountree: The immediate vicinity is not an issue to me, the issue is on East First and some of the other Major collectors and arterials within the City that have considerably higher mix of commuter travel and residential type travel. Morrow: Point of observation. Maybe the issue here is that for arriving and departing triples at 53 foot with puffs behind that obviously Eagle Road is the way to come in and out. The issue in terms of coming down through East First by Story Park and then trying to turn east to get to this site wouldn't seem to make a lot of sense from a practical standpoint because of trying to make that curve and East First and Franklin Road. So most everybody else in that area with triples is working off Eagle Road as opposed to East First and Franklin. Steadman: Mr. Morrow, just a quick point there, we would not nor would we have a business partner with a combination of a 53 and a (inaudible) it would be 53 is as long as you can go on a single trailer and the combinations of 28 in triples and possibly 2 28's and a 32. Morrow: (Inaudible) trying to get around the corner and not impacting the center turn lane on Franklin Road. Rountree: That is a pretty busy move. Morrow: I think the point is the access is by practice far better at Eagle and Franklin (Inaudible) and opposed to Franklin and East First. Meridian City Council July 1, 1997 Page 20 Rountree: I just wanted to know if they had considered that in their reconstruction and reconfiguration of some of the streets with their effort on adding the turn lane on Franklin and Locust Grove. If they would consider the other intersections that they are going to be impacting. That is all I had. Corrie: I had a question, you said eventually you may have your repair shop in there. Do you ever anticipate 24 hour operations? Steadman: I don't believe our repair shops are running 24 hours. I can certainly get you an answer to that. I am not familiar with the shops. We have them in Portland and Seattle. Corrie: You are not tied up with a franchise that requires it? Steadman: No these are company owned facilities. Morrow: I think for point of explanation this is a facility very similar to the ones that we had on Eagle Road. It is yellow, it is a competitor of those it is not a dealership in any way, shape or form. Steadman: The difference may be in the yellow facility was built to accommodate a very extensive line haul operation. This is not being considered for that. Since then they have closed their line haul operation there, the Yellow Freight as things change. Morrow: This would be a competitor of Ida Tran more along that line or that type of operation. . Steadman: We are regional. Corrie: Any further questions? Morrow: I have a question for Mr. Balster, with respect to the new alignment of Locust Grove right there how do you treat that, is that curb, guttered? How is your property edge and right of way edge and that type of treatment done through there at this time? Balster: Right now would be nothing, they don't want us, ACRD doesn't want us to do anything on there until they establish the centerline of the road. Morrow. How do you determine your landscape area that you are showing on that drawing? Balster: Right now we don't have anything, we just and that would be dealt with the City on our landscape plan where would be. We would be subject to some suggestions from the Planning Department. They don't have an established centerline where their curb edge is going to be at this time on that side of the street. Meridian City Council July 1, 1997 Page 21 Morrow: let me ask you this,' are you escrowing money for curb, gutter and sidewalk and those type of things? Balster: They have requested it on the undeveloped portion on this piece of property right now. ACHD has not requested us to escrow any. of this work until that is proposed for development. Morrow. One final question and maybe Mr. Steadman you can answer this is with respect to the triples that come in and out is it possible that you could have a company policy of having them access from Eagle Road and that interchange as opposed to the Meridian road interchange so that we wouldn't have the conflict at Franklin and East First? Steadman: I would say that is a possibility we will review that and see what the options would be there. Morrow. I guess the issue and Councilman Rountree raises a good point we have a terrible problem with traffic through the center of Meridian now. Particularly with respect to the turning movement at that location sharing East is going to take more than the lane that is there and part of the center turn lane that allows folk to get south on East first. So my concern is also that it makes not any sense. Steadman: We would be a good partner with the City with a request like that. Tolsma: I have one question too, on your future shop, it is basically a tire shop, a re-oil shop, (Inaudible) Steadman: Preventive maintenance Tolsma: There are not engine swaps and transmission (inaudible) light duty, just general maintenance? Steadman: That is correct. Corrie: Staff comments or questions? Smith: Mr. Mayor and Council, there are two things, one items concerns a policy that the public works and building department is initiating with the Ada County Highway District. We won't issue a building permit until we have a written response from ACHD that all of their requirements have been met. The second thing is the sewer line we are not sure, we have talked a little bit to the applicant about sewering this in another direction besides to Pine Street. But the sewer is awFully shallow where it enters the Meridian Middle School Academy site. I don't know that they can get there from their site, that would need to be determined from engineering when their site plan is Meridian City Council July 1, 1997 Page 22 developed. But I did want to make the applicant aware of the requirement as far as ACRD is concerned. Corrie: Shari, I don't know whether I heard Balster correctly or not, but he said ACRD is not requiring any work to be done in the future development areas however it is requested by the Planning ad Zoning Commission? Stiles: Mr. Mayor and Council typically when we look at site such as this that has already been split and it not eligible for future subdivision we treat that parcel as one project. We don't talk about it being phased or not developed because that parcel is the project. Similar situation was the Steve McGlesick piece over on Linder road where he was only developing a portion of but it was clear that he had intended to build additional buildings at a later time and extend sewer and water. He was required to complete those improvements across the frontage on Linder Road. l don't quite understand why Ada County Highway district is not wanting to take the right of way at this time. I would hope that they are at a point where they know what those ultimate right of ways are going to be. They have taken it from Railside Subdivision to the west, they have taken some additional right of way from Hi Micro Tool to the north .They know what Locust Grove is going. to be, the old Locust Grove. The Tamura Berry property to the south of the rail road tracks they are purchasing all of that right of way now for the new Locust Grove road as well as anything on Franklin and old Locust Grove road they are in the middle of purchasing that in its entirety right now. I just didn't want to be hung up even though we are not on that five year plan apparently for Pine Street. being held hostage because the plat hasn't been recorded. And then there is a 1/16 of a mile on either side and then all of the Pine Street frontage where there has been no dedication of right of way. I realize they can condemn it but it is not going to be any cheaper once this ground is subdivided. So that was the reason for the staff s comments, if it is Council's decision to not require them to do any of that dedication or make any improvements at this time I would like to ensure that they do still provide the buffering of the trees adjacent to the site they plan to develop. We have also got a problem with that ditch that runs along Pine Street. It seems to be a continual maintenance problem. I don't know really how to address that except to I guess call the applicant every time it is filled with weeds and debris and run over with trucks. But those are the, that is the reason for the comments about developing the whole site and dedicating all of that right of way at this time. It is probably a moot point if Ada County Highway District is not willing to pay them for that additional right of way the City I don't suppose can force them to dedicate that. But it just didn't seem to be consistent with what they are doing in the area already. Morrow Shari, do we have a letter from ACRD confirming that they are not willing to buy the right of way at this time? Stiles: We don't have any report that says they are not willing to but they are not asking for it at this time. (Inaudible) Meridian City Council July 1, 1997 Page 23 Balster: Karen Gallagher did testify at the facts and findings meeting that they did not have the funds to purchase the property. Some of her statements are on page 20 (inaudible) page 8 and 9. Stiles: Are you looking at the findings, is that page 8 and 9 of the findings? Balster: That was her testimony. Stiles: And that is based on they are only treating it as the developed portion of the site, they are not treating the site as a whole. Rountree: Even though the conditional use permit applies to the whole site. Stiles: Right Morrow: Mr. Mayor, follow up question Shari, explain to .me the concept of subdividing a lot. The lot came as an original ten acre piece, it was annexed as a ten acre piece. What they are talking about here is they wish a conditional use that applies to all ten acres but they wish to defer the portion that is going to be non-developed at this present time. Which would appear to be that at some point in time if they are going to sell that off then they have to go through the subdivision process for the balance of ground. I guess my question is what makes this different then the D & B site. on Fairview or the adjacent 3 or 4 acres fronts both Fairview and Locust Grove and yet there are no improvements along Locust Grove? Stiles: Those were separate parcels. Morrow: They are separate parcels? Stiles: Yes, this ten acre piece was just recently split, it wasn't annexed as a ten acre piece it was probably a 20 acre piece at that time and Yanke has just split that probably I the last year to sell of this ten acre piece. Morrow. It was my understanding that those properties were bought from Bews and Smith or Ed Bews in their current configuration without split offs. Stiles: That is not correct. It has been split I the last year to 18 months. It was a 20 acre piece which was all. the property between Pine and the Railroad tracks along Locust Grove that was one piece of property. It has just been recently split with their one time split that they are allowed. That is why they are going to have to do a subdivision because there is no further splitting of it without the subdivision. Meridian City Council July 1, 1997 Page 24 Morrow. The 20 acres that you are describing is basically east of the new Locust Grove and it is bounded by the new locust grove, Pine Street and the railroad tracks and that parcel constitutes 20 acres? Stiles: Yes Morrow: And these folk are buying half of that parcel for 10 acres? Stiles: Yes, their property doesn't abut the rail road. Morrow: So there is another ten acres between the south end of this property and the rail road tracks? Stiles: Yes Tolsma: According to the findings it doesn't abut Pine. Stiles: The parcel abuts Pine, this particular development, what they are proposing Tolsma: It says here the proposed development does not abut Pine Street and therefore does not require a dedication of right of way along Pine Street. Stiles: That is ACHD's comment. I consider it abutting Pine Morrow. Mr: Mayor, final comment, did P & Z approve or was this concept discussed at P & Z that these findings and facts were based on. I guess I am trying to get at the point why ACHD thinks it is different than what we think it is tonight. Stiles: Councilman Morrow, Mayor and Council the findings just echo what the testimony was but they conflict. They can't meet ACHD's requirements and staff's requirements. But this, just what you have is how it was approved by the Planning and Zoning Commission. Bentley: Does ACRD realize what has been done here with the splitting of the 20? Stiles: They are not concerned, they have no concern with that. They also indicated that they are not concerned with any off site improvements whatsoever. They had no concern with Franklin and Locust Grove. Just what is directly proposed to be developed that is the only thing they considered. Morrow. I guess from an editorial standpoint then if they are not concerned and they have responsibility for the highway why should we be concerned. You are right we can't force the right of way to be issued, if ACRD doesn't want the right of way right now then we ought in fact to leave that issue alone and press on to other things. Meridian City Council July 1, 1997 Page 25 Come: It is just going to cost them more money. Morrow. That is exactly right. Corrie: Any further discussion of Council? Bentley: I still have a real problem with the traffic issues, the busses being down there. I appreciate the fact that they want to take and improve the roads over there but it still isn't going to solve the problem. I myself would much prefer to see this over on Eagle where the other trucking outfits are. Corrie: Any further discussion or comments? Morrow. If I might Mr. Mayor, I think (inaudible) with Glenn's comments, the issue is that it is a very small regional or neighborhood type of operation and the reality is that with all the coming road improvements and all the industrial zoning in the neighborhood and the ultimate connection to Eagle Road at some point. The two Locust Grove's very candidly as Shari has pointed out when the Tamura property comes on line the rail road crossing agreement is done then all of a sudden that presents a Locust Grove or a parcel of property that is fronted on three sides. by roads. The build out of Old Locust Grove and Layne Industrial Park already takes in the extra width of the road, the school build out that is now being under construction will also lengthen that in terms of access to this parcel of property. As testified to by Mr. Steadman the truck usage is not great, 8 to 10 vehicles that service the area plus supply vehicles coming in and leaving does make it substantially different than Ida-Tran or Consolidated or Yellow who are over on Eagle Road. There may be some short term inconvenience but that area is developing pretty rapidly as demonstrated by Layne Industrial Park which a year ago .had nothing built in it and now is 75% completed. So these traffic or road widenings although they are piece meal in nature are coming about fairly quickly. So I don't think that I have a problem with it given the size of the operation and the time the construction takes and very candidly part of the neighborhood problem solution in terms of the busses is to get Locust Grove widened and it is only going to be done as parcels of ground develop. This is an opportunity to get some widening and development on both Locust~Grove and Pine. Those would be my comments. Corrie: Any further discussion? Rountree: I would just for discussion sake like to see an addition to the findings another condition similar to what Walt identified that the applicant will establish a company policy to access their facility via Eagle Road interchange from Interstate 84. I believe the findings identify there will be dedication from Pine when ACHD figures out that this think abuts Pine. They have taken care of Locust Grove and Nola as well. So those are my comments. Tolsma: (Inaudible) Meridian City Council July 1, 1997 Page 26 Corrie: I will, at that point I will entertain a motion. Morrow. I would move that we adopt the findings of fact and conclusions of law as approved by Planning and Zoning Commission with the additional requirement that Oak Harbor Freight Lines establish a policy on triples that they access the site from the Eagle Road interchange west on Franklin Road and then North on Locust Grove as opposed to Franklin and East First. Tolsma: Second (Inaudible) Balster: On the work on Pine Street are you saying we have to do that in your motion or we don't have to do it? Corrie: No you don't have to do it, as it stands here. The comment was that ACHD is going to have to realize that Pine Street is next to your property. We are just saying that the way the conditions as written by Planning and Zoning we are adding one more condition to it that you try to see if you can't get. your trailers to come I-84 Eagle Road and down Franklin rather than East First and Franklin Road. Balster: So the improvements on the landscaping and the sidewalk and the tiling of the ditches would have to be done now that is what Planning and Zoning facts and findings say but ACHD's don't. So we need something to state that we can go and do our property because we have the conflict. That is why I was requesting the some type of statement and direction form both me and Shari'so we know how to build the project. Corrie: Okay, I have a motion and a second, now we will have discussion. Rountree: Per the amendment I would suggest as opposed to just saying triples that we indicate any truck trailer combination that would have difficulty maneuvering East First and Franklin. Morrow. So let me ask you this do you wish to set a length on that and say anything over 50 feet in length? Rountree: I don't know what the radius is and I don't have my configuration table so I don't know what that would be. Morrow. Well now wait a minute, you are the Council expert on this issue. So the issue is if you can't turn very well off East First to Franklin with 53 foot trailer plus tractor then those in fact ought to access from I-84 and Eagle Road. (End of Tape) Tolsma: I believe you can make it as a recommendation or a highly (inaudible) Meridian City Council July 1, 1997 Page 27 Morrow: It is going to happen but I think that the intent of the condition is that we have to have Oak Harbor on notice that until those things get reconstructed and we have enough turning room to get both ways that the only way they can come now and not create chaos as rush hour times is from the east. I certainly would be glad to amend the motion to, if both you guys are confident that the 53 foot plus tractor causes that problem to eliminate triples and to indicate anything over 50 feet or 53 feet or whatever you two say. Crookston: The only comment that I have is that there should be a footage designation because Charlie your motion if they are not comfortable in doing it that is just very litigious. Rountree: (Inaudible) Steadman: Just a couple of thoughts and I certainly don't disagree with what you are saying here. I have been over to that corner and maybe what needs to happen is we need to make a decision on how things occur over there with a hands on view of the situation. But to present the thought to you if you restrict Oak Harbor Freight Lines from any combinations you may be restricting every other carrier that accesses in and out of that site. I am not qualified at this point from knowledge to tell you whether it is a difficult thing with doubles or a difficult thing with triples. I know it is a difficult thing with triples, I know that. Our intention was to use Eagle Road as ingress and egress (inaudible). But everyday and I don't know how many sets of doubles you see with other carriers coming down the street. I know it is probably several and I know it is a regular access for all trucking firms with a 28 or 32 foot trailer. (Inaudible) Morrow: I see those atl the time but to be very candid with you I don't see very many larger trucks in my comings and goings along Franklin Road. There is a major issue at Meridian and Franklin and typically that turns out to be a big problem. Hoff that use to haul triples in terms of sawdust and go that way now comes out and goes West on Franklin Road or East on Franklin road and avoids East First and Meridian at all cost. Virtually the narrowness of those intersections indicates that at 5:00 they have a major problem with a truck of any size bigger than the 28 or 30 foot. Steadman: Like I was stating I think you will find us a willing and working partner on anything above the single (inaudible) combination. We recognize that already. Morrow: I think what we are discussing here is that if it is in excess of 50 feet that is probably where the problem is and nothing below that is really a problem. Rountree: Do you want to amend your motion with that footage limitation I will accept that. Morrow: If Mr. Tolsma will withdraw his second . Meridian City Council July 1, 1997 Page 28 Tolsma: I will withdraw the second. Morrow. Well to bring you up to speed Mr. Tolsma is withdrawing his second. I am going to amend the motion to eliminate the phrase triples and insert the phrase any truck trailer combination in excess of 50 feet. Corrie: Do we have a second on that one? Rountree: Second Corrie: Okay, second by Mr. Rountree, any further discussion? I have one question to the Council, I think Richard brought it up, item #17 on page 21, correct me if I am wrong here Richard it is applicant shall dedicate the required right of way for all streets namely Pine Street and Locust Grove is that what you are saying? (Inaudible) Balster: Number 17 .says that we would have to dedicate that property which ACRD does not want to purchase from us prior to .applying for a permit which could be very difficult for us to do that before we apply for a permit. Also the other items, what the City wants us to do with regard to ACHD's requirements and P & Z requirement which are in conflict which are the items that we went over. We would like to defer them until that property is developed which we will start the proceedings as soon as we can close on the property. Rountree: I have trouble with some of that the conditional use permit applies to the whole parcel. Morrow: I understand that and I agree with that I guess where my conflict is here is I don't have a problem since ACHD has opted not to buy the right of way. I don't have a problem with dealing with that. I guess the other thing is where the conditional use application applies to all ten acres. The fact that the applicant wants to not develop a portion of that is an option that he is exercising. You have the potential there for a future subdivision process that for another user or an expansion of their facility or an owned facility that they may in fact lease to somebody. But the other part of that is if you try to put landscaping and that type of thing in not knowing where the confluence of those three different right of ways is be it Pine Street, Old Locust Grove and New Locust Grove. Certainly the maintenance of that where they tear it up and re-doing it becomes a problem also. From not only their standpoint but from ACHD's and or the City. Stiles: Mr. Mayor and Council, I would like to make the comment that if they are not doing the perimeter landscaping that those trees be relocated onto this developed parcel site especially to make sure that there is some type of a buffer between this and the existing residential. Even though it will be a 1/16 of a mile away. Also although they Meridian City Council July 1, 1997 Page 29 have indicated they are providing 116 trees which would be required based on the 1500 square feet, 1 per 1500 square feet of asphalt that I be able to work with the landscape architects on that to maybe provide a better screen that might be some fewer trees and a better variety trees. If they are going to plant these trees 20 foot on center they will probably likely be small, plum or flowering pear or whatever. If they were to plant some Lindens or the trees that would grow up to provide some kind of a canopy around the site and maybe even some Limited interior trees I think it would work out better. I think it does specifically state that they are providing 116 trees, obviously if the are not doing that 1/16 of a mile and then the entire frontage of Pine they are going to have trees every 8 feet apart or whatever. It is just not possible. Morrow. I guess I am sensitive to what you are saying here. I guess where we are at is we have the motion on the floor. It seems to me that we can do one of two things. Either we can table for resolution of these issues and get them resolved and have a representation of findings of fact that correct those issues or we can press ahead and adopt these findings of fact and conclusions and then delegate to the staff the resolution of the landscape issue the tree issue. Certainly if the requirement is for 116 but from a common sense standpoint the 116 doesn't work why would we want to do that. It seems to me that is something our staff and applicant ought to work out so that it in fact looks nice. Then having worked that resolution out and bring it to the Council for our next meeting for confirmation that is okay with us. That would be my suggestion. Corrie: I am still confused how we are going to get by 17 that is part of your record. Morrow: What I am getting at here Mr. Mayor is withdrawing the motion, striking in a new motion striking 17, retaining the portion in terms of the recommendation with access and then the third condition would be to instruct staff and the applicant or his representative to determine and resolve the landscape issues and then bring them before the Council at our meeting on the 15th for confirmation on our part. That is the direction that I would be going. Corrie: I would suggest that you might want to eliminate 15 as well because that causes a landscape setback on Pine Street (inaudible) Do I hear a second from the motion to withdraw. Rountree: I will withdraw my second. Morrow: I will withdraw my motion. Corrie: Now you can do it Stiles: Mr. Mayor and Council I would just suggest on 17 that the first sentence or in the second line that 17 just read, "the applicant shall dedicate the required right of way prior to the grant of any building permit" I don't know what that means "grant". The applicant shall dedicate the required right of way prior to submittal of any building permit Meridian City Council ~ • July 1, 1997 Page 30 application. And that the remainder of that paragraph remain. Or shall dedicate the required right of way required by ACRD. Because we would like verification Rountree: That works for me if they don't require it then it is taken care of. If they do require it then it is taken care of. Corrie: Then start out on item 17 would be the applicant shall furnish the City a copy of recorded warranties deeds or any other documentation to evidence the (inaudible) prior to applying for a building as required by ACRD is that what you are asking Shari and then that would eliminate that problem for you. Stiles: Yes Balster: Can we make it issuance of building permit? So that we can come to terms with ACHD? We know what they want but or client Oak Harbor Freight Lines wants to be in by the end of the year and if we delay this any more we are going to lose our summer construction and we will not be able to pave the site and will be finishing up in March. Morrow. From my personal standpoint I don't see why the things can't be concurrent. The deal is it takes a certain amount of time to process a building permit applications and so on and so forth and the two things to be going on simultaneously. All that has to happen is that you furnish the evidence that the right of way has been dedicated as per ACHD requirements and upon furnishing of that evidence then the building permit is granted and you are off and running. I don't see why we ought to do that prior to the application for building permit because that could mean that you are 45 days in each process and all of a sudden you are 90 days down the road instead of 45. Corrie: So we will run concurrent. Balster: We would also like to, we will put 116 trees on our site and if we can settle it now and just say that we will work out with her. We have a drawing here now that we can show her of the landscape drawing which shows us that we only have 30 on the other site. Then we can get that in and not delay us another week and a half or two weeks until the next City Council meeting. Morrow But it isn't going to delay you. I do not want to do that tonight because that is a staff obligation and I want to see the recommendation from staff. The issue is in my mind is that we are doing it as expeditiously as possible. When you are negotiating with the staff and designing what ever it is we are looking at something less than the maximum requirement. I personally don't want to see 116 trees on 8 foot centers simply because the statute might mandate 116 trees. What we are delegating to our staff is to resolve that problem between now and then and we will confirm that resolution that in no way impacts in my mind the process. going on. If you want finite specifics then my motion would be to table for two weeks for you people to work out finite specifics Meridian City Council ~ • July 1, 1997 Page 31 and represent to the Council those finite specifics so that we know exactly what it is we are buying. You have your choice. Balster: I would go with the first one. Corrie: Are we ready to go then Mr. Morrow Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z with the following exceptions. On page 21 item 15 be stricken in its entirety, on page 21, item 17 be amended to read, "the applicant shall dedicate the right of way as required by ACHD and furnish proof of such dedication to the City of Meridian prior to .the issuance of any building permit". The additional condition would be added that the applicant shall institute as a company policy accessing of any tractor and trailer in excess of 53 feet by way of the Eagle Road of the Interchange then West on Franklin. The second condition added would be that the applicant or his representative would negotiate with the City staff the final landscape design to be confirmed by the City Council at its meeting on July 15tH Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law that were adopted by Planning and Zoning with the stated changes, any further comments? Hearing none, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Come: Decision? Morrow: Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law as amended or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, fire and life safety code requirements, uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the City unless the City Council states that the conditional use is not subject to review. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendations as stated, all those in favor? Opposed? Meridian City Council ! M July 1, 1997 Page 32 MOTION CARRIED: All Yea Morrow. Mr. Morrow, if I may take a moment, Mr. Steadman do you understand what it all is we have done? Your process can go on as you need to do in terms of your closing and in terms of your plans and so on and so forth. All you need to do is furnish the City the evidence of the right of way requirements by ACHD. You need to have your representative and Ms. Stiles meet and resolve the issue for the landscaping. Then at our next meeting that resolution will be confirmed and added as part of the findings of fact and conclusions. Steadman: Outside of ACRD it would seem to me at that meeting on the 15th staff could present that to say things have been met and worked out and that would be adequate at that time? ITEM #12: REQUEST FOR RELEASE OF NON-DEVELOPMENT AGREEMENT FOR GOLFVIEW ESTATES NO. 4 SUBDIVISION: Corrie: Council you have seen that request for the release of the non-development agreement. Any comments or discussion? Morrow: I have none, there are no problems with staff? Smith: Mr. Mayor and Council, I don't think there are any problems as long as the approval of the plans is current, that we have a current date on that approval, it hasn't been a year or longer since it was approved. The Health Department, DEQ won't maintain their approval for over a year from the date they approve and we have added that same condition to our approval. So we want to be sure that is taken care of, other than that we don't have a problem. Bentley: I have a question for conflict, has it been over a year? Crookston: I believe it has been. Smith: They would need to resubmit their plans if it has been over a year and that plan re-submittal would have to go through our department and then back through DEQ. Hepworth: My name is Russ Hepworth I am with EHM Engineers representing the owners on this. Just for my clarification I don't believe there have been any review of any plans to begin with in this presentation or the plat recordation that we entered with DEQ sanitary restrictions. Because it was platted at such a time prior that the City we had submitted plans to the City but the plat was being recorded with no knowledge of when this parcel would be developed. So it was platted not having any plans submitted. Basically they said we are not going to review these because we don't know if it is going to be three years or five years down the road when this is going to be built. So it was platted with sanitary restrictions and that these plans have now just been submitted. • • BEFORS THE MERIDIAN CITY COUNCIL DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION APPLICATION FOR CONDITIONAL USE PERMIT FOR TRUCKING TERMINAL Y1IT8 OFFICE EAST PINS STREET AND NORTH LOCUST GROVE ROAD MERIDIAN. IDASO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on June 10, 1997, before the Planning and Zoning Commission and before the City Council, on July 1, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Richard Balster, 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 of Law: FINDINGS OF FACT 1. 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 June 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 10, 1997 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. This property is located within the City of Meridian. The Applicant is not the owner of the property. The owner of the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 • • property is YANRB/TRICON, L.L.C. and it has consented to the application for the conditional use permit. 3. Pursuant to the application, the request is for a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property. Future expansion of the trucking terminal will occur to the west. The northern portion of the property will remain undeveloped and reserved for development in the future. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (I-L) Light Industrial. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property would be and is required. 5 . The ( I-L ) Light Industrial is described in the Zoning and Development Ordinance at Section 11-2-408 B. 14. as follows: (I-L1 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 PAGL - 2 i 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. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at the intersection of North Locust Grove and Bast Pine Street, Meridian, Ada County, Idaho. 8. The Applicant's representative, Richard Balster, testified substantially as follows. The Applicant proposes to build a freight terminal for Oak Harbor Freight Lines. Oak Harbor Freight Lines is located in Boise, Idaho, and is a family owned business. It has 14 employees, eight of whom are truck drivers at their local terminal. The Applicant will voluntarily widen the road at the intersection of Nola Street and Franklin Road. The Applicant will pay the cost to upgrade a ten inch water line to a 12 inch water line. According to Karen Gallagher of the Ada County Highway District, the roads .are adequate for the truck. traffic created by the proposed terminal. The building of the proposed terminal is to be metal, with a 2,000 square feet of office and 20 truck doors. The Applicant will plant 116 three inch [caliper] trees around the property to screen the property. 9. In response to the questions of Commissioner MacCoy, the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAG$ - 3 • Applicant's representative, Richard Balster, testified substantially as follows. The hours of operation of the truck terminal approximately 4:00 a.m. to 7:00 p.m. The trucks leave the terminal are between 7:00 a.m. and 8:00 a.m. and return later in the day. Occasionally, one or two trucks will make two trips during a day. 10. Commissioner MacCoy commented that the traffic from the trucks is a concern of the Commission due to the R-4 zoned residential district in close proximity to the property. In response the Applicant's representative testified that the trucks will travel from the interstate to Franklin Road, north on Locust Grove Road to the property. The trucks will not travel to Fairview Avenue. The reason the Applicant is widening the road is to provide a better turning area and access to the interstate from the property. 11. Commissioner MacCoy commented that he is concerned with the noise and fumes generated from. the trucks. In response the Applicant's representative testified that there exists only one house across the street from the property, and the trucks meet all EPA [Environmental Protection Agency] regulations. The Applicant is also providing 116 trees to screen the property from the surrounding properties. The trees will be the only sound barrier provided. 12. In response to further questions Commissioner MacCoy, the Applicant's representative, Richard Balster testified substantially as follows. The business for whom the Applicant is constructing FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 • the truck terminal plans a future maintenance shop for the trucks. The maintenance of the trucks will be performed from 8:00 a.m. to 5:00 p.m. The maintenance will be performed inside the maintenance shop, which will be insulated. The maintenance of the trucks will not include painting of the trucks or similar types of maintenance. The maintenance will entail changing tires, oil and miscellaneous repairs. The truck terminal is principally across dock facility. The freight is delivered to the terminal at night and is shipped in the morning. 13. In response to questions of Commissioner Smith, the Applicant's representative, Richard Balster, testified substantially as follows. The Applicant has spoken with a school administrator, Chuck Lee, concerning the future school across from the property. According to the school administrator, the proposed truck terminal does not present a problem to the school district. Commissioner Smith commented that the close proximity of the future school and the truck terminal present a concern to him. 14. In response to further questions of Commissioner Smith, the Applicant's representative, Richard Balster, testified substantially as follows. With regard to road improvements, the Applicant will add a left hand turn cane on Franklin Road to allow the trucks to turn from Franklin Road onto Locust Grove Road. The Applicant is widening the road to create a left hand turn lane in the middle of the road. This turn lane will also benefit the school buses turning onto Locust Grove Road. The Ada County Highway District indicated that a signal light would not be FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 5 • • required or necessary at the intersection of Franklin Road and Locust Grove Road based upon the proposed truck terminal. 15. Commissioner Smith commented that he does not like the idea of the building being constructed of metal. siding. In response, the Applicant's representative, Richard Balster, testified that the proposed building is very similar to other existing buildings to the east of the property. 16. In response to further questions of Commissioner Smith, the Applicant's representative, Richard Balster, testified substantially as follows. As depicted on the elevation schematic of the proposed building, the ridge of the roof is 17 feet high, and the dark line below the ridge of the roof is the eve line. The three boxes on the elevation schematic depict windows. The landscaping strip along Locust Grove Road will be 10 feet in width. Commissioner Smith commented that a berm along Locust Grove Road would alleviate some of the noise generated from the proposed truck terminal. The Applicant's representative further testified, with regard to the setback along Locust Grove Road, that the proposed setbacks have been approved by City staff and the Ada County Highway District. Further, the property remains appropriate and function for the location of the truck terminal with an office despite the future widening of Locust Grove Road. Fuel for the trucks is not presently planned to be stored at the property. The fuel will be transported to the property to fuel the trucks; however, a permit may be sought in the future for underground fuel storage. FINDINGS OF FACT AND CONCLUSIONS OF LAW PA(3L - 6 • 17. In response to questions of Commissioner Manning, the Applicant's representative, Richard Balster, testified substantially as follows. Initially, the truck terminal will operate with eight drivers and trucks. The truck terminal will not increase traffic by 600 units per day.. The business may grow in the future, but the growth would not likely create an increase of traffic to 600 units per day. The truck traffic will move along Locust Grove to Franklin Road, and either west or east on Franklin Road to the interstate. The bulk of the truck traffic will travel west on Franklin Road. 18. There was discussion and comment .between the Applicant's representative, Richard Balster, and the City staff concerning the comments submitted by the Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles. Included in the discussion and comment were. the particular sewer main to which the property was to connect and dedication of right-of-way along adjacent roadways prior to submission of an application for a building permit. The Applicant seeks to connect to the sewer main which is closest in proximity to the proposed facility. Further, the Applicant desires to be able to secure a building permit and proceed forward with the proposed facility prior to the dedication of the required right-of-ways. The Applicant bases this later request on the fact that it does not presently-know the specific location for the dedicated right-of- ways, and may not know in the near future. It is awaiting such a determination by the Ada County Highway District. The Ada County FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 7 • • Highway District has not presently given the Applicant a time frame for when that determination will be made. 19. Morten Awes, another representative of the Applicant, testified substantially as follows. With regard to sound barriers, the prevailing winds are from the northwest, which helps mitigate some of the problem with potential noise and fumes from the proposed truck terminal. He spent a great deal of time with Chuck Lee, the Director of Operation and Maintenance of the Meridian School District, with regard to the new school in close proximity to the property. Based upon plans received from Mr. Lee, the Meridian School District plans seven portable classrooms around a cul-de-sac driveway. The location of this school site is north of Pine Street on the other side of Hi-Micro Tools, and quite a distance from the property. 20. In response to a comment of Commissioner Smith, Mr. Awes stated that he may be in error as to the location of the future school. However, Chuck Lee had indicated that the proposed truck terminal was not a problem to the Meridian School District, because the trucks would enter the property on the southern most portion of the property. Chuck Lee also indicated that the location of the future school next to a light industrial zoned area goes not present a problem. 21. Raren Gallagher of the Ada County Highway District testified substantially as follows. The City staff has taken a different approach to the dedication of right-of-ways. The Ada County Highway District is not presently requiring right-of-way FINDINt~S OF FACT AND CONCLUSIONS OF 7~AW PAQE - 8 • along Pine Street. The proposed development does not abut Pine Street; therefore, it is not requiring the dedication of right-of- way along Pine Street. The Ada County Highway District does not presently want to expend funds to~acquire such right-of-way. She would recommend that the dedication of right-of-way along Pine Street not be included as a requirement for the approval of this application. With regard to Locust Grove Road, the Ada County Highway District requires additional right-of-way for the new Locust Grove Road, and it is requesting a dedication of the additional right-of-way along the portion which is presently proposed for development. 22. In response to a question of Commissioner Smith, Ms. Gallagher further testified substantially as follows. The plan shown for the widening of the intersection at Franklin Road and Locust, Grove .Road was not part of the development services requirement. The Applicant has been concerned about its trucks turning at the intersection of Franklin Road and Locust Grove Road, and the Applicant is working with another part of the Ada County Highway District to alleviate its concerns. Accordingly, to her knowledge no additional right-of-way is needed by the Ada County Highway District for the truck turn at the intersection. 23. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. This parcel was recently split from a 20 acre FINDINQrB OF FACT AND CONCLUSIONS OF LAW PAC;L - 9 • parcel. Any further subdivision will require that a plat be prepared for approval by the City of Meridian and recorded. All comments are to be considered as applying to the entire ten acre site, with no phasing of improvements unless the City Council approves such phasing; b. Any existing irrigation/drainage ditches crossing the property to be included in this .project shall be tiled per City ordinance Section 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project; c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City ordinance Section 7-517. Wells may be used for non-domestic purposes such as landscape irrigation; d. Five feet wide sidewalks are to be built along the entire east property boundary of the parcel. Ada County Eighway District is not requiring construction or bonding of any improvements on Pine Street; e. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; f. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; g. The City of Meridian owns and maintains a 15 inch diameter sanitary sewer main adjacent to the north of this property in Pine Street. Service lines to the site shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; h. -The City of Meridian owns and maintains ten inch diameter water mains in Pine Street and Locust Grove Road. Service lines to the site shall be reviewed during the plan review process. The City of Meridian desires to FINDINGS OF FACT AND CONCLUSIONS OF LAW PALS - 10 • • have a 12 inch diameter water main extended from Pine Street to the Oregon Short Line Railroad in the future Locust Grove extension. This development will be required to pay its proportionate share of the main line extension cost. The Applicant should post a surety with the City of Meridian for its share of the extension cost; i. The Applicant's representative has submitted one copy of a revised site. plan that shows a 58 feet right- of-way dedication south of the mid-section line on Pine Street and hand-drawn locations of 116 three-inch caliper trees. Detailed landscaping plans will be required of any building permit application. A landscape architect should verify that trees selected will be able to thrive at 20 feet o.c. j. The site plan does not show the location of utilities. The site plan needs to be revised to show the location of all utilities; k. To be consistent with the adjacent Railside Industrial Park, and because Pine Street is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 feet wide landscape setback should be provided on Pine Street. A planting strip ten feet in width should be provided on Nola and the future Locust Grove Road; 1. The Applicant is to dedicate required right-of-way for all streets (Pine, existing Locust Grove, and new Locust Grove) abutting the ten acre parcel prior to submitting an application for a building permit. The Applicant is to submit copies of warranty deeds for said right-of-ways to the City Clerk's office; m. The traffic impacts of this project, at least in the short-term, will be significant. Franklin Road at Locust Grove is already heavily impacted by existing school bus traffic. This site is directly west of the recently approved Meridian Middle School Academy. Until Pine Street and Locust Grove Road are extended, this project will undoubtedly cause serious traffic congestion in the area; n. Assessment fees will be determined during the plan review process. The Applicant will be required to enter into an assessment agreement prior to obtaining a building permit; o. Outdoor storage of equipment and materials will require that a suitably designed screen be constructed; FINDINGS OF FACT AND CONCLUSIONS OF LAMP PAGE - 11 a ~ p. Underground sprinkling of landscaping via a pressurized irrigation system is to be provided to all planting areas; q. The Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits, and the Applicant shall obtain a Certificate of Occupancy prior to opening for business; r. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage. The Applicant's representative has stated that no signage is desired; s. Handicap. parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA), and all required Uniform Codes; t. Screened trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access; u. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the .City Engineer with calculations for all off-street parking areas. All site drainage shall be contained and disposed of on-site; v. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; w. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or to impact adversely neighboring residential properties, as determined by the City of Meridian; and FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGB - 12 x. The conditional use permit shall be subject to review upon ten days notice to the Applicant. 24. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Applicant is to dedicate 60 feet of right-of-way from the property, which is 48-feet of right-of-way from the ultimate centerline of new Locust Grove Road abutting the parcel's west property line, 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 from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of- way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACRD Ordinance X188; b. The District will require a dedication of additional right-of-way abutting Pine Street when a development proposal is received for the northern portion of the property; c. .The Applicant is to construct 400-feet of curb, gutter, five feet wide concrete sidewalk and pavement widening to a 41 feet street section on existing Locust Grove Road abutting the parcel prior to District approval of the final plat, issuance of a building permit, or other required permits, whichever occurs first. The Applicant is to coordinate the street plans with District staff to determine the centerline using the existing curb and gutter on the east side of existing Locust Grove Road slightly south of the property; d. When new Locust Grove Road is improved. in the future, the Applicant may access the new roadway with two driveways. The northern driveway shall be a minimum of 220 feet and a maximum of 240 feet south of the north property line, as measured from the future .back of the curb on Pine Street and the near edge of the driveway. This driveway may be restricted to right turns only in the future. The southern driveway shall be located a minimum of 440 feet south of the north property line and a minimum of 30 feet north of the south property line. Both driveways shall be constructed as 30 to 40 feet wide curb return driveways with 15 to 20 feet curb radii; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 13 e. If the Applicant proposes to access new Locust Grove Road prior to the District constructing it, the Applicant shall pave the road a minimum of 28 feet wide from Pine Street to the driveway from Pine Street to the requested driveway and install pavement tapers at the driveways with 15 to 20 feet radii; f. The Applicant is to construct the southerly driveway as a 30 to 40 feet wide curb cut driveway on existing Locust Grove Road to align with the previously approved driveway on-the east side of existing Locust Grove Road, approximately 30 feet north of the south property line, which may be located six feet offset from the centerline of the driveway on the east. The northerly driveway shall be constructed as a 30 feet wide curb cut driveway, located approximately 300 feet north of the south property line, aligning with the previously approved driveway to the east. Both of the driveways shall be improved with pavement tapers having 15 to 20 feet radii; g. The Applicant is to pave all driveways their full required width to a least 50 feet beyond the edge of pavement of all public roads; h. The Applicant is to provide a $3,400.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a five feet wide sidewalk on the new Locust Grove Road abutting the parcel, approximately 400 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; i. The Applicant is to locate any gated entries a minimum of 100-feet back of the public right-of-way; j. The Applicant is to provide a recorded cross access easement for the parcels to the north to use the property for access to the public streets prior to issuance of a building permit or other required permits; k. Utility street. cuts in new pavement less than five years old are not allowed unless approved in writing by the District; 1. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel; m. Other than the access point (s ) specifically approved with this application, direct lot or parcel access to the new Locust Grove Road is prohibited; and FINDING48 OF FACT AND CONCLU3ION8 OF LAW PAC,~B - 14 n. Other than the access point, (s) specifically approved with this application, direct lot or parcel access to the existing Locust Grove Road is restricted. 25. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. After written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; b. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health and Welfare and the Division of 8nvironmental Quality; c. Runoff is not to create a mosquito breeding problem; and d. Stormwater run-off should flow into a grassy swale before discharging to the subsurface. 26. The Meridian City Police Department submitted comments, which comments are hereby incorporated herein as if set forth in full; Locust Grove Road from Pine Street to Fairview cannot handle the type of traffic generated. 27. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; as long as all codes, water supplies and hydrants are met, it will have no objection to the proposed use; and fire sprinklers may be required due to the water flow in the area. 28. The Meridian Sewer Department may submit comments, and such comments shall be incorporated herein as if set forth in full when submitted. 29. The Nampa & Meridian Irrigation District submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 15 • comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The District requires a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on- site; d. If any .surface drainage leaves the site, the District must review drainage plans; e. The Applicant must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 30. There were no further comments or testimony given at the hearing. coNCLUS=oNS of LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, daho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the suthorit~ to take judicial notice of its ordinances and proceedings, other governmental statutes and FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 16 • ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, da o C e, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made apart of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of~the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418 C of the City of Meridian Zoning and Development Ordinance sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications FINDIN~38 OF FACT AND CONCLUSIONS OF 'LAW PAdE - 17 • for Conditional Use Permits. Upon a review of those requirements, the facts presented and the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with, the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but with the future i.anprovements to Locust Grove Road and the development having vehicular approaches to the property that will be designed to decrease interference with traffic on surrounding public streets, such increase in traffic should not create a problem; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. 'The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 18 • • g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, the Nampa & Meridian Irrigation District, and other governmental entities, which requirements specifically include, but are not limited to: 1. Any further subdivision of the property shall require the preparation of a plat for review and approval by the City of Meridian and recorded; 2. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City ordinance Section 11-9-605 M; 3. Plans for tiling any existing irrigation/drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 19 C~ ditches crossing the property to be included in this project shall be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 4. Any existing domestic wells and/or septic systems within the project shall be removed from their domestic service per City ordinance Section 7-517. Wells may be used for non-domestic purposes such as landscape irrigation; 5. The Applicant shall construct five feet wide sidewalks along the entire east property boundary of the parcel; 6. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; 7. The Applicant shall coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent, and fire hydrant locations shall be depicted on the preliminary plat map; 8. The location and placement of sanitary sewer service lines to the site shall be reviewed during the plan review process. 9. As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, the approval of this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; 10. The location and placement of water service lines to the site shall be reviewed during the plan review process; 11. As the City of Meridian desires to have a~12 inch diameter water main extended from Pine Street to the Oregon Short Line Railroad in the future Locust Grove extension, the Applicant shall pay its proportionate share of the main line extension cost, and the Applicant shall post a surety with the City of Meridian for its share of the extension cost; 12. The Applicant shall submit detailed landscaping plans for review and approval by the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 20 Meridian as part of any building permit application; 13. The Applicant shall submit written verification from a landscape architect that the trees selected will be able to thrive at 20 feet o.c. 14. The Applicant shall revise the site plan to show the location of all utilities; 15. (THIS PARAGRAPH WAS STRICKEN) 16. The Applicant shall provide a planting strip at least ten feet in width along Nola and the future Locust Grove Road; 17. The Applicant shall dedicate the required right-of- way as required by ACRD and furnish proof of such dedication to the City of Meridian prior to the issuance. of any building permit. 18. Assessment fees shall be determined during the plan review process, and the Applicant shall be required to enter into an assessment agreement prior to obtaining any building permits; 19. The Applicant shall construct a suitably designed screen for outdoor storage of equipment and materials; 20. The Applicant shall provide underground sprinkling of all landscaping and planting areas through a pressurized irrigation system; 21. The Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits; 22. The Applicant shall obtain a Certificate of Occupancy prior to opening for business; 23. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; 24. All signage shall be reviewed and approved by the Planning and Zoning Department. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 25. Sign permits shall be required for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - Z1 • 26. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act, and all required uniform Codes; 28. Screened trash enclosures shall be provided in accordance with City ordinance; 29. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor, and shall locate dumpsters so as not to impede fire access; 30. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. .Graveled driveways, parking and access shall be prohibited; 31. The Applicant shall have prepared and submitted to the City Engineer a drainage plan, with calculations for all off-.street parking areas, which shall be designed. by a state of Idaho licensed architect or engineer; 32. A11 site drainage shall be contained and disposed of on-site; 33. The Applicant shall determine the seasonal high .groundwater elevation, and submit to. the City, with the development plans, a profile of the subsurface soil conditions as prepared by a soil scientist; 34. The Applicant shall.provide parking lot lighting plans to the Meridian Public Works Department; 35. Illumination of the. site shall be designed so as not to cause glare or to impact adversely neighboring residential properties, as determined by the City of Meridian; 36. The Applicant shall submit to the Idaho Department of Health and Welfare, Division of Environmental Quality the plans for central sewage and central water for its review and approval; 37. Runoff shall not create a mosquito breeding problem; 38. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; FINDINGS OF FACT AND CONCLUSIONS OF LAW PALL - 22 • 39. The Applicant shall file a Land Use Change/Site Development application for review by the Nampa & Meridian Irrigation District prior to final platting; 40. The Applicant shall protect all laterals and waste ways; 41. All municipal surface drainage shall be retained on-site, and, in the event any surface drainage leaves the site, the Applicant shall submit to the Nampa & Meridian Irrigation District drainage plans for its review and approval; and 42. The Applicant shall comply with Idaho Code Section 31-3805. 43. The Applicant shall institute, a Company policy, that any tractor. and trailer in excess of fifty- three (53) feet shall access Applicants' trucking terminal only by means of leaving I-84 by means of the Interstate I-84 off-ramp at the intersection of I-84 and Bagle Road, then proceed west on Franklin Road, take Locust Grove Road, and then take the access to Applicants' trucking terminal. 44. The Applicant shall negotiate with the City of Meridian Staff the final landscape design, which plan shall be confirmed by the City .Council. c. The Applicant shall meet the requirements of the Ada County Highway District, which requirements specifically include, but are not .limited to: 1. The Applicant shall dedicate 60 feet of right-of- way from the property, which is 48-feet of right- of-way from the ultimate centerline of the new Locust Grove Road abutting the .parcel's west property line, 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; 2. The District will require a dedication of additional right-of-way abutting Pine Street when a development proposal is received for the northern portion of the property; 3. The Applicant shall construct 400-feet of curb, gutter, five feet wide concrete sidewalk and pavement widening to a 41 feet street section on FINDINGS OF FACT AND CONCLUSIONS OF LAY1 PAGB - 23 • • existing Locust Grove Road abutting the parcel prior to District approval of the final plat, issuance of: a building permit, or other required permits, whichever occurs first. The Applicant shall coordinate the street plans with District staff to determine the centerline using the existing curb and gutter on the east side of existing Locust Grove Road slightly south of the property; 4. When new Locust Grove Road is improved in the future, the Applicant may access the new roadway with two driveways. The northern driveway shall be a minimum of 220 feet and a maximum of 240 feet south of the north property line, as measured from the future back of the curb on Pine Street and the near edge of the driveway. This driveway may be restricted to right turns only in the future. The southern driveway shall be located a minimum of 440 feet south of the north property line and a minimum of 30 feet north of the south property line. Both driveways shall be constructed as 30 to 40 feet wide curb return driveways with 15 to 20 feet curb radii; 5. If the Applicant proposes to access new Locust Grove Road prior to the District constructing it, the Applicant shall pave the road a minimum of 28 feet wide from Pine Street to the. driveway from Pine Street to the requested driveway and install pavement tapers at the driveways with 15 to 20 feet radii; 6. The Applicant shall construct the .southerly driveway as a 30 to 4Q feet wide curb cut driveway on existing Locust Grove Road to align with the previously approved driveway on the east side of existing Locust Grove Road, approximately 30 feet north of the south property line, which may be located six feet offset from the centerline of the driveway on the east. The northerly driveway shall be constructed as a 30 feet wide curb cut driveway, located approximately 300 feet north of the south property line, aligning with the previously approved driveway to the east. Both of the driveways shall be improved with pavement tapers having 15 to 20 feet radii; 7. The Applicant shall pave all driveways their full required width to a least 50 feet beyond the edge of pavement of all public roads; FINDINC~FS OF FACT AND CONCLUSIONS OF LAW PACE - 24 • • 8. The Applicant shall deposit $3,400.00 into the . Public Rights-of-Way Trust Fund for the cost of constructing a five feet wide sidewalk on the new Locust Grove Road abutting the parcel prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; 9. The Applicant shall locate any gated entries a minimum of 100 feet back of the public right-of- way; 10. The Applicant shall provide a recorded cross access easement for the parcels to the north to use the property for access to the public streets prior to issuance of a building permit or other required permits;. 11. Utility street cuts in new pavement less than five years old shall not be allowed unless approved in writing by the District; 12. Restrictions on the width,. number and locations of driveways shall be placed on future development of this parcel; 13. Other than the specifically approved access point(s), direct lot or parcel access to the new Locust Grove Road is prohibited; and 14. Other than the specifically approved access point(s), direct lot or parcel access to the existing Locust Grove Road is restricted. d. The conditional use shall not be restricted to a time period of authorization but may be, and is, subject to review upon ten days notice to the Applicant for violation of any conditions imposed herein, other conditional use applications, and/or the ordinances of the City of Meridian. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that, if the Applicant meets the conditions stated above, the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LA1~ PAGE - 25 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED VOTED MAYOR BOB CORRIE (TI8 BREARER~ DBCISION AND RECOMMENDATION The City Council of the City of Meridian hereby decides that the Conditional Use Permit requested by the Applicant for the property described in the application is approved with the conditions set forth in the Findings of Fact and Conclusions of Law, or similar conditions as found justified and appropriate by the City Council, and that the property is required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. That specifically included the conditions, but not limited thereto, is that the Applicant shall dedicate the required right-of-way as required by ACRD and furnish proof of such dedication to the City of Meridian prior to the issuance of any building permit and the Applicant shall institute, a Company policy, that any tractor and trailer in excess FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 26 ~ ~ of fifty-three (53) feet shall only access Applicants' trucking terminal by means of leaving I-84 by means of the Interstate I-84 off-ramp at the intersection of I-84 and Eagle Road, .then proceed west on Franklin Road, take Locust Grove Road, and then take the access to Applicants' trucking terminal, and that the Applicant shall negotiate with the City of Meridian Staff the final landscape design, which plan shall be confirmed by the City Council. The conditional use shall be subject to review upon notice to the Applicant by the City, unless the City Council states that the conditional use is not subject to review. MOTION: GRANTED DENIED FINDIN~3S OF FACT AND CONCLUSIONS OF LAW PAC3E - 27 MERIDIAN CITY COUNCIL MEETING: July 1 1997 APPLICANT: DONOVAN BROTHERS COMMERCIAL CONST. ITEM NUMBER;~~ < REQUE REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL AGE CY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS 5-13-97 P ~ Z MINUTES SEE ATTACHED COMMENTS SEE ATTACH" `COMMENTS F'o 0 ~C ~~ c ~ ~o SNTS ~~ ~~ ~s ~$~~~ ~; ~ ~~~~~ ~ ~~- (~~" I V ~ i9o o d MERIDIAN POST OFFICE: ~~~ ~ d c~~ ~~o o .~~~o ~ J ADA COUNTY HIGHWAY DISTRICT: ~~ ~ '~ d~ ~o ~ ~ dam, ~ ~~ ~~ ~. ~~~ ~ ° ~ ADA COUNTY STREET NAME COMMITTE, ~~~~ '~ ~'s p ~o CENTRAL DISTRICT HEALTH: SEE NAMPA MERIDIAN IRRIGATION: SEE AT, SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: G~ ~~~ ,~pG r pTHER: -~II Materials presented at public rru3etings shall becorru3 property of the City of Meridian. G,~ G1erK M` BERG JR.~treasurer er vjpNG SMtH,PEWaerWorKsaBrpS~Pt. BR GE D Hp`NC ~ S, Pa ks S 5 razor DEN S J MMER & drtnn eN r SttL P JSHp 1 ~ W~~ K1E~ IMF, OuCh~et o ppm p' W. BGWER police Gh~ ttomeY W ~Ngt~ CRppKStGN' JR p W pVNE ~'' 1'KEASURE ALLEY HUB ~Goodplace tO j,t~e ~~ A A ~j Magi j'~ Q' l~ y g0 Ci~~ g3 Ep-S~IDAgO 83~248~3 ~$R~~'~33 • FAX 12~C 08) g8'1-2~~1 S8a- DeP men 8 88 g443 Phone 1208) act g. 20 enblic wocksBnilding License l Motor VehiclelDri"ets R~BER1.~1a`1~ ORRIS MORROW, SrMp ent Wp~~ Npt,D R•~~UN?REE CHpR`EN R. 6ENt~~ GLEN SpN. Ghauman JAM JGREC, Os~VGGpV MpKE~tH NN NG RpN M Tune 3,1~~ Council DUM' issiO~Mayor & City BMOgp,T3 o~iig C°~m eer M plani'ing ~' Z is~t to City En in ~R~VE & piles Ass r UST To ~ Frec~eton, d~,nistratO EAT L~ Const.~ oni ~ B bad Steles' pgLZ A N ,~N AC1~ ~11ers Commercial oas of the Fr S TE~1~AL B von°van Br nts, ~ c°~j m~1 f~cd °t TRUC~o ~ Use pei~°it - y oltoi"'tn8 ~0 ~ el ss exPresslY Re: (Conditl vier the f in full, s s~~tnal ~ e e°nsidered will r~u e re~~"ied t oaditlans sha C1tY C°uncil~ fuller ~~visio Ail co,~e 8 We hay t, These the 1Vieridta a parcel. ~~ and record~• no pbasin~ Cpl tc ~ Marian of split from a 2¢the Cit51 of le t~ri acre si b phasing deb receilily oval by entu suc cel was for app to the apPrOVes rs p 1 Ibis p ~tbe 4r~P~ ~ as appl`1 U~cil s4eclfic~ly ~~ ~c1ud~ ~ o ~, that a p conside e City Co rty ~ app are to mats unless th ~ tossing ~p~~ Will n~ ~ra~on° wlo v imprOVe aao~~ainage ~e 11-9-605.~1at~a1 users ~~ent• N 9. egsang ,trig City prdi~ disaict' p he public w°s 4 o~~t. tiled ~ dra' ~ will 1 o. Z • sha11 ~ _ a~ urigae°n~ royal sub~~hes crOSS~ng ~ roJ t b~, ap4~°pr' tion of said app tiling of any tlvs p 1~ W tic stem we Gaon ~ 5 abl c° ~n requester f °r ~ or sep aa~ 5- - have wells and c r City ir~gat'on domesti stir slice ~ landscape bO' 10. No L Any existma weir d°~urposes such as ~ east pro on b 3 en a or 11. To be reniO f~ ~ n domestic p be built along ~4u~g con~ucti design;, u$ed w~ aace t0 ct is not foot-wig -foot wide side xighway ~ist~ strips sh 4 • Five Ada C°u ~ e greet. pmpr ven'ents °n pill i • • Mayor, Council and P&Z June 2, 1997 Page 3 12. Applicant is to dedicate required right-of-way for all streets (Pine, existing Locust Grove, and new Locust Grove) abutting the ten-acre parcel prior to submitting an application for building permit. Submit copies of recorded warranty deeds to the City Clerk's office.. 13. The traffic impacts of this project, at least in the short-term, will be significant. Franklin Road at Locust Grove is already heavily impacted by existing school bus traffic. This site is directly west of the recently approved Meridian Middle School Academy. Until Pine Street and Locust Grove Road are extended, this project will undoubtedly cause serious traffic congestion in the area. 14. Assessment fees will be determined during the plan review process. Applicant will be required to enter into an assessment agreement prior to obtaining a building permit. 15. Outdoor storage of equipment and materials will require that a suitably designed screen be constructed. 16. Underground sprinkling of landscaping via a pressurized irrigation system is to be provided to all planting areas. 17. Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits, and Applicant shall obtain a certificate of occupancy prior to opening for business. 18. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. Applicant's representative has stated that no signage is desired. 19. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and all required Uniform Codes. 20. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. C:\OFFiCB\WPWa11WPDOC3\DONOVA' I.DOC Mayor, Council and P&Z June 2, 1997 Page 4 21. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 22. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 23. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. 24. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. c:~ox~ce~wrwmnwrnax~noNOVw-i.noc • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION APPLICATION FOR CONDITIONAL USE PERMIT FOR TRUCKING TERMINAL WITH OFFICE EAST PINE STREET AND NORTH LOCUST GROVE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on June 10, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Richard Balster, 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 of Law: FINDINGS OF FACT 1. 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 June 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 10, 1997 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. This property is located within the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION The Applicant is not the owner of the property. The owner of the property is YANKE/TRICON, L.L.C. and it has consented to the application for the conditional use permit. 3. Pursuant to the application, the request is for a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property. Future expansion of the trucking terminal will occur to the west. The northern portion of the property will remain undeveloped and reserved for development in the future. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently. zoned (I-L) Light Industrial. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property would be and is required. 5 . The ( I-L ) Light Industrial is described in the Zoning and Development Ordinance at Section 11-2-408 B. 14. as follows: (I-L1 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or 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. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at the intersection of North Locust Grove and East Pine Street, Meridian, Ada County, Idaho. 8. The Applicant's representative, Richard Balster, testified substantially as follows. The Applicant proposes to build a freight terminal for Oak Harbor Freight Lines. Oak Harbor Freight Lines is located in Boise, Idaho, and is a family owned business. It has 14 employees, eight of whom are truck drivers at their local terminal. The Applicant will voluntarily widen the road at the intersection of Nola Street and Franklin Road. The Applicant will pay the cost to upgrade a ten inch water line to a 12 inch water line. According to Karen Gallagher of the Ada County Highway District, the roads are adequate for the truck traffic created by the proposed terminal. The building of the proposed terminal is to be metal, with a 2,000 square feet of office and 20 truck doors. The Applicant will plant 116 three inch [caliper] trees around the property to screen the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION 9. In response to the questions of Commissioner MacCoy, the Applicant's representative, Richard Balster, testified substantially as follows. The hours of operation of the truck terminal approximately 4:00 a.m. to 7:00 p.m. The trucks leave the terminal are between 7:00 a.m. and 8:00 a.m. and return later in the day. Occasionally, one or two trucks will make two trips during a day. 10. Commissioner MacCoy commented that the traffic from the trucks is a concern of the Commission due to the R-4 zoned residential district in close proximity to the property. In response the Applicant's representative testified that the trucks will travel from the interstate to Franklin Road, north on Locust Grove Road to the property. The trucks will not travel to Fairview Avenue. The reason the Applicant is widening the road is to provide a better turning area and access to the interstate from the property. 11. Commissioner MacCoy commented that he is concerned with the noise and fumes generated from the trucks. In response the Applicant's representative testified that there exists only one house across the street from the property, and the trucks meet all EPA [Environmental Protection Agency] regulations. The Applicant is also providing 116 trees to screen the property from the surrounding properties. The trees will be the only sound barrier provided. 12. In response to further questions Commissioner MacCoy, the Applicant's representative, Richard Balster testified substantially FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION r • as follows. The business for whom the Applicant is constructing the truck terminal plans a future maintenance shop for the trucks. The maintenance of the trucks will be performed from 8:00 a.m. to 5:00 p.m. The maintenance will be performed inside the maintenance shop, which will be insulated. The maintenance of the trucks will not include painting of the trucks or similar types of maintenance. The maintenance will entail changing tires, oil and miscellaneous repairs. The truck terminal is principally a cross dock facility. The freight is delivered to the terminal at night and is shipped in the morning. 13. In response to questions of Commissioner Smith, the Applicant's representative, Richard Balster, testified substantially as follows. The Applicant has spoken with a school administrator, Chuck Lee, concerning the future school across from the property. According to the school administrator, the proposed truck terminal does not present a problem to the school district. Commissioner Smith commented that the close proximity of the future school and the truck terminal present a concern to him. 14. In response to further questions of Commissioner Smith, the Applicant's representative, Richard Balster, testified substantially as follows. With regard to road improvements, the Applicant will add a left hand turn lane on Franklin Road to allow the trucks to turn from Franklin Road onto Locust Grove Road. The Applicant is widening the road to create a left hand turn lane in the middle of the road. This turn lane will also benefit the school buses turning onto Locust Grove Road. The Ada County FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION Highway District indicated that a signal light would not be required or necessary at the intersection of Franklin Road and Locust Grove Road based upon the proposed truck terminal. 15. Commissioner Smith commented that he does not like the idea of the building being constructed of metal siding. In response, the Applicant's represenative, Richard Balster, testified that the proposed building is very similar to other existing buildings to the east of the property. 16. In response to further questions of Commissioner Smith, the Applicant's representative, Richard Balster, testified substantially as follows. As depicted on the elevation schematic of the proposed building, the ridge of the roof is 17 feet high, and the dark line below the ridge of the roof is the eve line. The three boxes on the elevation schematic depict windows. The landscaping strip along Locust Grove Road will be 10 feet in width. Commissioner Smith commented that a berm along Locust Grove Road would alleviate some of the noise generated from the proposed truck terminal. The Applicant's representative further testified, with regard to the setback along Locust Grove Road, that the proposed setbacks have been approved by City staff and the Ada County Highway District. Further, the property remains appropriate and function for the location of the truck terminal with an office despite the future widening of Locust Grove Road. Fuel for the trucks is not presently planned to be stored at the property. The fuel will be transported to the property to fuel the trucks; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • however, a permit may be sought in the future for underground fuel storage. 17. In response to questions of Commissioner Manning, the Applicant's representative,. Richard Balster, testified substantially as follows. Initially, the truck terminal will operate with eight. drivers and trucks. The truck terminal will not increase traffic by 600 units per day. The business may grow in the future, but the growth would not likely create an increase of traffic to 600 units per day. The truck traffic will move along Locust Grove to Franklin Road, and either west or east on Franklin Road to the interstate. The bulk of the truck traffic will travel west on Franklin Road. 18. There was discussion and comment between the Applicant's representative, Richard Balster, and the City staff concerning the comments submitted by the Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles. Included in the discussion .and comment were the particular sewer main to which the property was to connect and dedication of right-of-way along adjacent roadways prior to submission of an application for a building permit. The Applicant seeks to connect to the sewer main which is closest in proximity to the proposed facility. Further, the Applicant desires to be able to secure a building permit and proceed forward with the proposed facility prior to the dedication of the required right-of-ways. The Applicant bases this later request on the fact that it does not presently know the specific location for the dedicated right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • ways, and may not know in the near future. It is awaiting such a determination by the Ada County Highway District. The Ada County Highway District has not presently given the Applicant a time frame for when that determination will be made. 19. Morten Awes, another representative of the Applicant, testified substantially as follows. With regard to sound barriers, the prevailing winds are from the northwest, which helps mitigate some of the problem with potential noise and fumes from the proposed truck terminal. He spent a great deal of time with Chuck Lee, the Director of Operation and Maintenance of the Meridian School District, with regard to the new school in close proximity to the property. Based upon plans received from Mr. Lee, the Meridian School District plans seven portable classrooms around a culdesac driveway. The location of this school site is north of Pine Street on the other side of Hi-Micro Tools, and quite a distance from the property. 20. In response to a comment of Commissioner Smith, Mr. Awes stated that he may be in error as to the location of the future school. However, Chuck Lee had indicated that the proposed truck terminal was not a problem to the Meridian School District, because the trucks would enter the property on the southern most portion of the property. Chuck Lee also indicated that the location of the future school next to a light industrial zoned area does not present a problem. 21. Karen Gallagher of the Ada County Highway District testified substantially as follows. The City staff has taken a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • different approach to the dedication of right-of-ways. The Ada County Highway District is not presently requiring right-of-way along Pine Street. The proposed development does not abut Pine Street; therefore, it is not requiring the dedication of right-of- way along Pine Street. The Ada County Highway District does not presently want to .expend funds to acquire such right-of-way. She would recommend that the dedication of right-of-way along Pine Street not be included as a requirement for the approval of this application. With regard to Locust Grove Road, the Ada County Highway District requires additional right-of-way for the new Locust Grove Road, and it is requesting a dedication of the additional right-of-way along the portion which is presently proposed for development. 22. In response to a question of Commissioner Smith, Ms. Gallagher further testified substantially as follows. The plan shown for the widening of the intersection at Franklin Road and Locust Grove Road was not part of the development services requirement. The Applicant has been concerned about its trucks turning at the intersection of Franklin Road and Locust Grove Road, and the Applicant is working with another part of the Ada County Highway District to alleviate its concerns. Accordingly, to her knowledge no additional right-of-way is needed by the Ada County Highway District for the truck turn at the intersection. 23. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. This parcel was recently split from a 20 acre parcel. Any further subdivision will require that a plat be prepared for approval by the City of Meridian and recorded. All comments are to be considered as applying to the entire ten acre site, with no phasing of improvements unless the City Council approves such phasing; b. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City ordinance Section 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project; c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City ordinance Section 7-517. Wells may be used for non-domestic purposes such as landscape irrigation; d. Five feet wide sidewalks are to be built along the entire east property boundary of the parcel. Ada County Highway District is not requiring construction or bonding of any improvements on Pine Street; e. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; f. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; g. The City of Meridian owns and maintains a 15 inch diameter sanitary sewer main adjacent to the north of this property in Pine Street. Service lines to the site shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • h. The City of Meridian owns and maintains ten inch diameter water mains in Pine Street and Locust Grove Road. Service lines to the site shall be reviewed during the plan review process. The City of Meridian desires to have a 12 inch diameter water main extended from Pine Street to the Oregon Short Line Railroad in the future Locust Grove extension. This development will be required to pay its proportionate share of the main line extension cost. The Applicant should post a surety with the City of Meridian for its share of the extension cost; i. The Applicant's representative has submitted one copy of a revised site plan that shows a 58 feet right- of-way dedication south of the mid-section line on Pine Street and hand-drawn locations of 116 three-inch caliper trees. Detailed landscaping plans will be required of any building permit application. A landscape architect should verify that trees selected will be able to thrive at 20 feet o.c. j. The site plan does not show the location of utilities. The site plan needs. to be revised to show the location of all utilities; k. To be consistent with the adjacent Railside Industrial Park, and because Pine Street is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 feet wide landscape setback should be provided on Pine Street. A planting strip ten feet in width should be provided on Nola and the future Locust Grove Road; 1. The Applicant is to dedicate required right-of-way for all streets (Pine, existing Locust Grove, and new Locust Grove) abutting the ten acre parcel prior to submitting an application for a building permit. The Applicant is to submit copies of warranty deeds for said right-of-ways to the City Clerk's office; m. The traffic impacts of this project, at least in the short-term, will be significant. Franklin Road at Locust Grove is already heavily impacted by existing school bus traffic. This site is directly west of the recently approved Meridian Middle School Academy. Until Pine Street and Locust Grove Road are extended, this project will undoubtedly cause serious traffic congestion in the area; n. Assessment fees will be determined during the plan review process. The Applicant will be required to enter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION into an assessment agreement prior to obtaining a building permit; o. Outdoor storage of equipment and materials will require that a suitably designed screen be constructed; p. Underground sprinkling of landscaping via a pressurized irrigation system is to be provided to all planting areas; q. The Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits, and the Applicant shall obtain a Certificate of Occupancy prior to opening for business; r. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage. The Applicant's representative has stated that no signage is desired; s. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA), and all required Uniform Codes; t. Screened trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access; u. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations for all off-street parking areas. All site drainage shall be contained and disposed of on-site; v. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • w. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or to impact adversely neighboring residential properties, as determined by the City of Meridian; and x. The conditional use permit shall be subject to review upon ten days notice to the Applicant. 24. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Applicant is to dedicate 60 feet of right-of-way from the property, which is 48-feet of right-of-way from the ultimate centerline of new Locust Grove Road abutting the parcel's west property line, 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 from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of- way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188; b. The District will require a dedication of additional right-of-way abutting Pine Street when a development proposal is received for the northern portion of the property; c. The Applicant is to construct 400-feet of curb, gutter, five feet wide concrete sidewalk and pavement widening to a 41 feet street section on existing Locust Grove Road abutting the parcel prior to District approval of the final plat, issuance of a building permit, or other required permits, whichever occurs first. The Applicant is to coordinate the street plans with District staff to determine the centerline using the existing curb and gutter on the east side of existing Locust Grove Road slightly south of the property; d. When new Locust Grove Road is improved in the future, the Applicant may access the new roadway with two driveways. The northern driveway shall be a minimum of 220 feet and a maximum of 240 feet south of the north property line, as measured from the future back of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • curb on Pine Street and the near edge of the driveway. This driveway may be restricted to right turns only in the future. The southern driveway shall be located a minimum of 440 feet south of the north property line and a minimum of 30 feet north of the south property line. Both driveways shall be constructed as 30 to 40 feet wide curb return driveways with 15 to 20 feet curb radii; e. If the Applicant proposes to access new Locust Grove Road prior to the District constructing it, the Applicant shall pave the road a minimum of 28 feet wide from Pine Street to the driveway from Pine Street to the requested driveway and install pavement tapers at the driveways with 15 to 20 feet radii; f. The Applicant is to construct the southerly driveway as a 30 to 40 feet wide curb cut driveway on existing Locust Grove Road to align with the previously approved driveway on the east side of existing Locust Grove Road, approximately 30 feet north of the south property line, which may be located six feet offset from the centerline of the driveway on the east.. The northerly driveway shall be constructed as a 30 feet wide curb cut driveway, located approximately 300 feet north of the south property line, aligning with the previously approved driveway to the east . Both of the driveways shall be improved with pavement tapers having 15 to 20 feet radii; g. The Applicant is to pave all driveways their full required width to a least 50 feet beyond the edge of pavement of all public roads; h. The Applicant is to provide a $3,400.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a five feet wide sidewalk~on the new Locust Grove Road abutting the parcel, approximately 400 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; i. The Applicant, is to locate any gated entries a minimum of 100-feet back of the public right-of-way; j. The Applicant is to provide a recorded cross access easement for the parcels to the north to use the property for access to the public streets prior to issuance of a building permit or other required permits; k. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 1. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel; m. Other than the access point(s) specifically approved with this application, direct ,lot or parcel access to the new Locust Grove Road is prohibited; and n. Other than the access point(s) specifically approved with this application, direct lot or parcel access to the existing Locust Grove Road is restricted. 25. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. After written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; b. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health and Welfare and the Division of Environmental Quality; c . Runof f is not to create a mosquito breeding problem; and d. Stormwater run-off should flow into a grassy Swale before discharging to the subsurface. 26. The Meridian City Police Department submitted comments, which comments are hereby incorporated herein as if set forth in full; Locust Grove Road from Pine Street to Fairview cannot handle the type of traffic generated. 27. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; as long as all codes, water supplies and hydrants are met, it will have no objection to the proposed use; and fire sprinklers may be required due to the water flow in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION 28. The Meridian Sewer Department may submit comments, and such comments shall be incorporated herein as if set forth in full when submitted. 29. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The District requires a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on- site; d. If any surface drainage leaves the site, the District must review drainage plans; e. The Applicant must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 30. There were no further comments or testimony given at the hearing. CONCLUSIONS OF LAW 1. 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 - Page 16. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • CJ 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other .governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional. Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418 C of the City of Meridian Zoning and Development Ordinance sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements, the facts presented and the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with, the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but with the future improvements to Locust Grove Road and the development having vehicular approaches to the property that will be designed to decrease interference with traffic on surrounding public streets, such increase in traffic should not create a problem; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would. not create excessive additional requirements at public cost for public facilities and services and the use would. not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking. for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or .damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, the Nampa & Meridian Irrigation District, and other governmental entities, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION which requirements specifically include, but are not limited to: 1. Any further subdivision of the property shall require the preparation of a plat for review and approval by the City of .Meridian and recorded; 2. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City ordinance Section 11-9-605 M; 3. Plans for tiling any existing irrigation/drainage ditches crossing the property to be included in this project shall be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 4. Any existing domestic wells and/or septic systems within the project shall be removed from their domestic service per City ordinance Section 7-517. Wells may be used for non-domestic purposes such as landscape irrigation; 5. The Applicant shall construct five feet wide sidewalks along the entire east property boundary of the parcel; 6. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; 7. The Applicant shall coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent, and fire hydrant locations shall be depicted on the preliminary plat map; 8. The location and placement of sanitary sewer service lines to the site shall be reviewed during the plan review process. 9. As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being .evaluated, the approval of this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; 10. The location and placement of water service lines to the site shall be reviewed during the plan review process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 11. As the City of Meridian desires to have a 12 inch diameter water main extended from Pine Street to the Oregon Short Line Railroad in the future Locust Grove extension, the Applicant shall pay its proportionate share of the main line extension cost, and the Applicant shall post a surety with the City of Meridian for its share of the extension cost; 12. The Applicant shall submit detailed landscaping plans for review and approval by the City of Meridian as part of any building permit application; 13. The Applicant shall submit written verification from a landscape architect that the trees selected will be able to thrive at 20 feet o.c. 14. The Applicant shall revise the site plan to show the location of all .utilities; 15. The Applicant shall provide a landscape setback of not less than 20 feet wide along Pine Street; 16. The Applicant shall. provide a planting strip at least ten feet in width along Nola and the future Locust Grove Road; 17. The Applicant shall dedicate the required right-of- way for all streets; namely, Pine Street and Locust Grove Road; which abuts the property prior to the grant of any building permit application. The Applicants shall furnish to the City a copy of recorded warranty deed for or other documentation evidencing the dedication of additional right-of- way prior to applying for building permits; 18. Assessment fees shall be determined during the plan review process, and the Applicant shall be required to enter into an assessment agreement prior to obtaining any building permits; 19. The Applicant shall construct a suitably designed .screen for outdoor storage of equipment and materials; 20. The Applicant shall provide underground sprinkling of all landscaping and planting areas through a pressurized irrigation system; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • 21. The Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits; 22. The Applicant shall obtain a Certificate of Occupancy prior to opening for business; 23. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; 24. All signage shall be reviewed and approved by the Planning and Zoning Department. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 25. Sign permits shall. be required for all signage; 26. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act, and all required Uniform Codes; 28. Screened trash enclosures shall be provided in accordance with City ordinance; 29. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor, and shall locate dumpsters so as not to impede fire access; 30. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access shall be prohibited; 31. The Applicant shall have prepared and submitted to the City Engineer a drainage plan, with calculations for all off-street parking areas, which shall be designed by a state of Idaho licensed architect or engineer; 32. All site drainage shall be contained and disposed of on-site; 33. The Applicant shall determine the seasonal high groundwater elevation, and submit to the City, with the development plans, a profile of the subsurface -soil conditions as prepared by a soil scientist; 34. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION i • 35. Illumination of the site shall be designed so as not to cause glare or to impact adversely neighboring residential properties, as determined by the City of Meridian; 36. The Applicant shall submit to the Idaho Department of Health and .Welfare, Division of Environmental Quality the plans for central sewage and central water for its review and approval; 37. Runoff shall not create a mosquito breeding problem; 38. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; 39. The Applicant shall file a Land Use Change/Site Development application for review by the Nampa & Meridian Irrigation District prior to final platting; 40. The Applicant shall protect all laterals and waste ways; 41. All municipal surface drainage shall be retained on-site, and, in the event any surface drainage leaves the site, the Applicant shall submit to the Nampa & Meridian Irrigation District drainage plans for its review and approval; and 42. The Applicant shall comply with Idaho Code Section 31-3805. c. The Applicant shall meet the requirements of the Ada County Highway District, which requirements specifically include, but are not limited to: 1. The Applicant shall dedicate 60 feet of right-of- way from the property, which is 48-feet of right- of-way from the ultimate centerline of the new Locust Grove Road abutting the parcel's west property line, 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; 2. The District will require a dedication of additional right-of-way abutting Pine Street when a development proposal is received for the northern portion of the property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 3. The Applicant shall construct 400-feet of curb, gutter, five feet wide concrete sidewalk and pavement widening to a 41 feet street section on existing Locust Grove Road abutting the parcel prior to District approval of the final plat, issuance of a building ,permit, or other required permits, whichever occurs first. The Applicant shall coordinate the street plans with District staff to determine the centerline using the existing curb and gutter on the east side of existing Locust Grove Road slightly south of the property; 4. When new Locust Grove Road is improved in the future, the Applicant may access the new roadway with two driveways. The northern driveway shall be a minimum of 220 feet and a maximum of 240 feet south of the north property line, as measured from the future back of the curb on Pine Street and the near edge of the driveway. This driveway may be restricted to right turns only in the future. The southern driveway shall be located a minimum of 440 feet south of the north property line and a minimum of 30 feet north of the south property line. Both driveways shall be constructed as 30 to 40 feet wide curb return driveways with 15 to 20 feet curb radii; 5. If the Applicant proposes to access new Locust Grove Road prior to the District constructing it, the Applicant shall pave the road a minimum of 28 feet wide from Pine Street to the driveway from Pine Street to the .requested driveway and install pavement tapers at the driveways with 15 to 20 feet radii; 6. The Applicant shall construct the southerly driveway as a 30 to 40 feet wide curb cut driveway on existing Locust Grove Road to align with the previously approved driveway on the east side of existing Locust Grove Road, approximately 30 feet north of the south property line, which may be located six feet offset from the centerline of the driveway on the east. The northerly driveway shall be constructed as a 30 feet wide curb cut driveway, located approximately 300 feet north of the south property line, aligning with the previously approved driveway to the east. Both of the driveways shall be improved with pavement tapers having 15 to 20 feet radii; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 7. The Applicant shall pave all driveways their full required, width to a least 50 feet beyond the edge of pavement of all public roads; 8. The Applicant shall deposit $3,400.00 into the Public Alights-of-Way Trust Fund for the cost of constructing a five feet wide sidewalk on the new Locust Grove Road abutting the parcel prior to the issuance' of any required permits or District approvallof a final plat, whichever occurs first; 9. The Applicant shall locate any gated entries a minimum pf 100 feet back of the public right-of- way; 10. The Appl~.cant shall provide a recorded cross access easement for the parcels to the north to use the property',for access to the public streets prior to issuance of a building permit or other required permits;.. 11. Utility street cuts in new pavement less than five years ol~i shall not be allowed unless approved in writing by the District; 12. Restrict~.ons on the width, number and locations of driveways shall be placed on future development of this parcel; 13. Other than the specifically approved access point(s),', direct lot or parcel access to the new Locust G~tove Road is prohibited; and 14. Other thhan the specifically approved access point(s),' direct lot or parcel access to the existing ',Locust Grove Road is restricted. d. The conditional use shall not be restricted to a time period of authorization but may be, and is, subject to review upon ten days notice to the Applicant for violation of 'any conditions imposed herein, other conditional usie applications, and/or the ordinances of the City of Melridian. 9. The above-cond~.tions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION ' t • • 10. It is recommended that, if the Applicant meets the conditions stated above, the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and honing Commission of the City of Meridian hereby adopts and appro~res these Findings of Fact and Conclusions of Law. ROLL CALL /' ~ COMMISSIONER BORUP' VOTED COMMISSIONER SMITH VOTED ~^ ~~~ ~; f E~ r, COMMISSIONER MACCO3~ VOTED ~1, C'~ COMMISSIONER MANNII~IG VOTED ~~~ ' i't CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 1 DECISION AND RECOMMENDATION The Planning and Zbning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit riequested by the Applicant for the property described in the application with the .conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to fleet the water and sewer requirements, the Fire and Life Safety Codles, Uniform Fire Code, parking, paving and landscape requirements, end all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the Applicant by the City, 'unless the City Council states that the conditional use is not subject to review. MOTION: APPROVED • ~~ ~~ +(~ (~ . DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION FROM AWES-HUTCHISON ASSOC. PHONE N0. 208 338 0011 Jun. 18 1997 03:05PM P1 '~ ~ ~ ARCN17fiCI5 PLANNERS S~~f~ tYffS-NEt[LNISQN bSSOtIeIES, P.6_ 405 S_ 8" Street • Suits i55 • Boise, Idaho. 83702 ie~: Z08.361.000Q Fox: Z48.367.OOii alraarch~~yberhighwaY~+et ro: fax Number: ~J ~' ~ - a ~ ~~ _~.~. tam Gt~\. lob Number. _ ~ ~~ ~ . M"Y . ~o~. ~ Aa+e: ~ ~ ~ r ~~I R:gardiag: 1~/dYLCf1~t/t,~..r ~~~~ Nesmber of Page: lneludinq lover: ~ ~4eswge: _,_ - 4 If you do aof reuive the number of. pages indi~i{ed obave, please ca112U&36y-0000, as save as possible. !: Qrls mmRnimtiar is ip~ed role~y far ~ ase of the individual a entity }e vviedr it is addrarsed. It mnSaim inlannatian ~a~! emy be aoofidefld med/a . ptirileged..~you are not ia~ed raxtgi~srt, Y~ are herby noli&ed fhef 4he dixleaue of ibis camaa+rrfaoiia- is ~iaCy prohibited. 1i' you hor< retoved (his aoasrorriatiaa in aroe, Qleme ~1 as ~! by tdepbmre and tahnn ilti: atessa¢ ht us at the abaue addnss via raplar por}al ~a< ibarK you 06-1.8-1997 03:05PM 2~8 338 0011 P.01 FROM AIDS-HUTCH I SOhI ASSOC. ~:~~ ~ t i ~ .~ ~. C*7 OD O CV v ~.. m 0 x 06-18-1995 ,r ' 03 i ~~ t~ ;~ QI, a~f ~~~ ,~ of fi~ PHONE N0. 208 338 0011 Jun. 18 1997 03:06PM P2 • ~~ .~ .. ,:, ~. ~: .,. ~~ ~ ~~ ~ a ~ _ ~ ~ ~ ~ •~ ` d .. ~, flt I ~~ 1 1~ ~ o ~ ~~ ~i ~~ ~ ion ~~ ~ff ~.. ~ a °~ ~ 1 j .i 208 338 0011 ~ p, 02 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 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 GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: ~Ilav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: Ao~lication for Conditional Use Permit for a Trucking Terminal on Aporox 10 Acre Site S. of Pine treet and E of Nola Road (formerly Locust Grove Road) BY:J~onovan Brothers Cemm~rr•iai Construction/Awe Hutchison 8 Asse~~ates LOCATION OF PROPERTY OR PROJECT: NW 1/4 SW 1/4 Section 8, T 3N R 1 E , B M Ada Countv. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. 8 FINAL PLAT) INTERMOUNTAIN GA (PR IM. 8~ FINAL PLAT) BUREAU OF REC T PRELIM. 8 FI LAT) CITY FILES ~/~ OTHER: YOUR CONCISE R KS: L~ ~~~~ C~T'Y OF A[ERID~A~! .~. WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, 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" CORDON, 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers 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 COMMIS ION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: At,plication for Conditional Use Permit for a Trudcinp Terminal on Anprox 10 Acre Site S. of Pine Street and E of Nola Road (formerly Locust Grove Roadl BY:~onovan Brothers Commercial Constlruc+innie..,os Hutchison 8 Associates LOCATION OF PROPERTY OR PROJECT: NW 1/4 SW 1/4 Section 8 T 3N , R 1 E , B M Ada Countv. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, 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 C~FCEI V'~~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ' ;~ ~ 1qq~ NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ~~~'Y OF vIE~21DIAN IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. 8 FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. S FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES `, f/ ~J OTHER: +~ ~ •' ~ / YOUR CONCISE REMARKS: _6t S a o -~ a i4 s A C o ,E s GtJ~ jai- 5'uaJ S Anl L1 ~~,~ S ui ~r ,~"/O cyr...~.t/ 7~h ~e 12 p.CI . L~f G SUSAN S. EASTIAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary JUN 0 9 1997 ~`~t?~`Y ~F ~IERIB~~i~. June 5, 1997 TO: Mr. Darrell Donovan 1501 W, Valley Highway N., Suite 101. Auburn, WA 98071-0818 r FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU-14-97 Trucking terminal Pine Street & Locust Grove Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on June 4, 1997. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi Meridian City Hall Morien G. Awes, AIA ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 New Locust Grove Road Minor arterial with bike lane designation No traffic counts available 400-feet of frontage 0-feet existing_rfght-of--way 96-feet required right-of--way (60-feet from existing property line, or 48-feet from the ultimate street centerline) The right-of--way is offset to the east because of existing street improvements abutting Maws Subdivision at the northwest corner of Locust Grove and Pine Street. New Locust Grove Road is not constructed through this site. District policy requires the applicant to pave the new roadway abutting the site to a minimum width of 28-feet, if access is proposed. The realignment/construction of New Locust Grove Road is not included in the District's Five Year Work Program. B. Utility street cuts in new pavement less than five years old is not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. The site is currently vacant. The applicant is proposing to develop the southern 400-feet of the site, abutting Locust Grove Road on the east and the railroad on the south. Locust Grove Road is misaligned between Franklin Road and Pine Street along the east boundary of this site. The Long Range Transportation Plan calls for the construction of a new road along the west boundary of this site to align Locust Grove Road with the rest of Locust Grove Road to the south of Franklin Road and the north of Pine Street (see attached map). The realigned Locust Grove Road will be designated as an arterial. The applicant shall be required to construct sidewalk (or provide a deposit to the Public Rights-of--Way Trust Fund for the cost of sidewalk on new Locust Grove Road), and a standard commercial street section on existing Locust Grove Road, in compliance with District policy. D. The applicant is proposing two driveways on existing Locust Grove Road. There are two approved driveways on the east side of Locust Grove Road, across from the site. One is located approximately 30-feet north of the site's south property line, and the other is located approximately 300-feet north of the site's south property line. Staff recommends that the applicant construct two 30 to 40-foot wide curb cut driveways on existing Locust Grove Road aligned with the previously approved driveways on the east side of existing Locust Grove Road. The southern driveway may be offset 6-feet north of the approved southern driveway on the east side of Locust Grove Road. E. The applicant is proposing two driveways to new Locust Grove Road, located 240 and 480- feet south of the future right-of--way line on Pine Street. When Locust Grove Road is improved/realigned in the future and the Pine Street/Locust Grove Road intersection is controlled by stop signs or a traffic signal, District policy requires driveways to be located a minimum of 440-feet south of Pine Street for a full access driveway and 220-feet fora right- MCU 1497.C02 Page 3 Facts and Findings: A. General Information Owner - Yanl~e/Tricon, L.L.C., DBA/Yanke Property Management Applicant -Darrell Donovan IL -Existing zoning 10 -Acres Total (5.57 acres in the proposed development) 11,990 -Square feet of proposed building 0 -Square feet of existing building 0 -Total lineal feet of proposed public streets 268 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Pine Street Collector with bike lane designation Traffic count 1,515 in 1995 0-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline, or 58-feet from mid-section line), this right-of--way will accommodate on-half of a 96-foot corridor on the south side of the road. Right-of--way has been required abutting a portion of a parcel on the north to accommodate on-half of a constrained 84-foot street section, because of the existing development Pine Street is improved with a 24-feet of pavement with no curb, gutter or sidewalk. Fxi g,i•ocust Grove Road Local commercial road with no pathway designation Traffic count 1,515 in 1995 400-feet of frontage 50-feet existing right-of--way 58-feet required right-of--way (no additional from this site) additional right-of--way (35-feet east of existing centerline) has been required from the east side of Locust Grove Road to maintain the alignment with the existing curb, gutter, and sidewalk improvements on the east side of the street Existing Locust Grove Road is improved with 24-feet of pavement with no curb, gutter or sidewalk abutting the site. MCU 1497.C02 Page 2 in/right-out driveway. A street has been approved in Railside Subdivision on the west side of new Locust Grove Road, across from the site. In order to maintain the required offset of 220-feet from this street, the southern driveway should be a minimum of 30-feet north of the south boundary. The northern driveway may be restricted to right turns only in .the future. The driveway$ should be constructed as 36 to 40-foot wide curb return driveways with 15- foot curb radii. Note: The result of the applicant receiving approval of driveway on new Locust Grove Road 240-feet south of Pine Street is that the northern undeveloped part of this site (that abuts Pine Street) will not/can not have a driveway on new Locust Grove Road. Staff recommends that a cross access easement be required for the parcel to the north to allow a future shared access. F. If the applicant proposes to access new Locust Grove Road prior to the District constructing it, District policy requires the applicant to pave the road a minimum of 28-feet wide from Pine Street to the driveway proposed for access, and install pavement tapers at the driveways with 15-foot radii. G. District policy requires the applicant to provide a $3,400.00 deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on new Locust Grove Road abutting the parcel (400-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. H. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District, the applicant should be required to pave all driveways their full required width of 30 to 40-feet to at least 30-feet beyond the edge of pavement of the public road and install pavement tapers with 15- foot radii abutting the existing roadway edge, unless a curb cut is provided. District policy requires the applicant to construct approximately 400-feet of curb, gutter, 5- foot wide concrete sidewalk and pavement widening to a 41-foot street section on existing Locust Grove Road abutting the parcel prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. J. District staff recommends that the applicant be required to locate any gated entries a minimum of 100-feet back of the public right-of--way. K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: MCU 1497.CO2 Page 4 • Site Specific Requirements: Dedicate 60-feet of right-of--way from this site (which is 48-feet of right-of-way from ultimate centerline) of new Locust Grove Road abutting the parcel's west property line 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 from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. The District will require a dedicate of additional right-of--way abutting Pine Street when a development proposal is received for the northern portion of the project site. 3. Construct 400-feet of curb, gutter, 5-foot wide concrete sidewalk and pavement widening to a 41-foot street section on existing Locust Grove Road abutting the parcel prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Coordinate the street plans with District staff to determine centerline using the existing curb and gutter on the east side of existing Locust Grove Road slightly south of this site. 4. When new Locust Grove Road is improved in the future, the applicant may access the new roadway with two driveways. The northern driveway shall be a minimum of 220-feet and a maximum of 240-feet south of the north property line, as measured from future back of curb on Pine Street and near edge of driveway. This driveway may be restricted to right turns only in the future. The southern driveway shall be located a minimum of 440-feet south of the north property line and a minimum of 30-feet north of the south property line. Both driveways shall be constructed as 30 to 40-foot wide curb return driveways with 15 to 20- foot curb radii. 5. If the applicant proposes to access new Locust Grove Road prior to the. District constructing it, the applicant shall pave the road a minimum of 28-feet wide from Pine Street to the driveway from Pine Street to the requested driveway and install pavement tapers at the driveways with 15 to 20-foot radii. 6. Construct the southerly driveway as a 30 to 40-foot wide curb cut driveway on existing Locust Grove Road to align with the previously approved driveway on the east side of existing Locust Grove Road, approximately 30-feet north of the south property line (may be located 6-feet offset from the centerline of the driveway on the east). The northerly driveway shall be constructed as a 30-foot wide curb cut driveway, located approximately 300-feet north of the south property line; aligning with the previously approved driveway to the east. Both of the driveways shall be improved with pavement tapers having 15 to 20-foot radii. MCU 1497.C02 Page 5 7. Pave all driveways their full required width to at least 50-feet beyond the edge of pavement of all public roads 8. Provide a $3,400.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a:5-foot wide concrete sidewalk on the new Locust Grove Road abutting the parcel (approximately 400-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 9. Locate any gated entries a minimum of 100-feet back of the public right-of--way. 10. Provide a recorded cross access a«sement for the parcels to the north to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 11. Utility street cuts in new pavement less than five years old is not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 13. Other than the access point(s) specifically approved with this application, duect lot or parcel access to the new Locust Grove Road is prohibited. 14. Other than the access point(s) specifically approved with this application, direct lot or parcel access to the existing Locust Grove Road is restricted. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services SZipervisor. The reaue.~.~ request mall oe suocruccea co the lilscricc no lacer cnan y:w a.m. on me aav scneauiea cor ACRD 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. MCU 1497.C02 Page 6 2. After ACHD 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 reconsideration shall ~e ifi ally identify each requirement to be reconsidered and include written documentation of data that was not available to the Commicsi~n at the t'me 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. 3. Payment of applicable road impact fees are required prior to building con:~truction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. 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. 6. 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. 7. 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. 8. 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. MCU 1497.C02 Page 7 C, Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. MCU 1497.C02 Page 8 - # `'~+ ~ ~ Return to: ^ Boise MAY 0 5 1997 ^ Eagle Rezone # CITY ~F IVIERIDIII~! ^ Garden city Conditional Use # ~~U~,~/i/~ ~Y1rI/~>1Z_ 'Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~O/~iq'/~ ~,Q ~~7zS fi-w'~S- vTCh/s 6~ ~„p ~sSu~ ^ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~ 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. eff is not to create a. mosquito breeding problem. ^ II ^ 12. ^ 13. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 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 I5. ~'ia+2NtW'~F-r"L~"12 /2.ui.1~-6Fi= SI-+~ulcQ ~LD~ 1~~ia ~ G~l^~Sy Dater/~0/~7 cS'~rt2~ $~ Fox.-e Di,SC~R-2Gi~-G- 7'0 -Tim J'~/:BJ'y .Reviewed By: CDHD 10/91 rcb, rcr. I/9S Review Sheet CENTRAL CEI~TI~RAL DISTRICT HEALTH DEPAI~R~NT •• DISTRICT Environmental Health Division ~i~l'HEALTH ~~Gi~ DEPARTMENT c v ~-' • ~~~~I,vE D 4 ~ 0 8 1997 Cm` QF w1ERIDIAN ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 29 Apri/ 1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East /daho Meridian, /D 83542 RE: App/ication for Conditions/ Use Permit for a Truck Terming/ on Approx. 10 Acre Site - S. of Pine Street and E. of No/a Road (a.k.a. Locust Grove Road) Donovan Brothers Commercial Construction Dear Commissioners: The 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. A// /atera/s and waste ways must be protected. A// municipal surface drainage must be retained on site. /f any surface drainage leaves the site, the Nampa & Meridian /rrigation District must review drainage p/ans. The deve/opermust comp/y with /daho Code 31-3805. /t is recommended that irrigation water be made availab/e to all developments within the Nampa & Meridian /rrigation District. Sincerely, ~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MER/D/AN lRR/GAT/ON D/STR/CT BH.•dln cc: Fi/e -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • r~ia di ~l,~~ia4'cui ~Imri~~atrar~ 2~ca.~ziet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Morten O. Awes, AIA Awes-Hutchison & Assoc., Architects/Planners 405 S. 8th Street „ Suite 155 Boise, ID 83702 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Truck Terminal/Office Dear Mr. Awes: 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 me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. - Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Darrell Donovan Yanke/Tricon, L.L.C. (dba Yanke Property Management) enc. t ~ !' ~t'., ~ i aj APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 May 1997 ~ ~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, 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" CORDON, 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 GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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 Berq, City Clerk by: Mav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: _ 5/13/97 REQUEST:_ AoQNcation for Conditional Use Permit for a Trucking Terminal on Aeprox 10 Acre Site S. of Pine Street and E of Nola Road (formerly Locust Grove Road) BY: Donovan Brothers Commercial Cens n~r-tinn~nwaQ N~~t~-h:en.~ ~ Agg~ IatP.s LOCATION OF PROPERTY OR PROJECT: NW 114 SW 1/4 Section 8, T 3N R 1 E , B M Ada County. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P1Z RON MANNING, P2 GREG OSLUND, P/Z KEITH BORUP, 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. 8 FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARK /~S.e.w e,. f ~ o„ 71_'1 1 (~ Ca M w. O cia ~ /N A h ~- _-_~Y Ct ~ / a h I o _ - Na ~ rrl b / ~n S ~ . ~- 5 rsn ~ it9 7 i~"~ a. 97 t7F 1~ERIDIA~ ~ ~ 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 ~ gg~~ COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROV VOTED VOTED VOTED VOTED VOTED DISAPPROVED OF FACT AI~ CONCLUSIONS OF LAW - ~~~ ., . ,~ _ _ ~o-r ,. • • MERIDIAN PLANNING & ZONING COMMISSION _ JUNE 18. 1997 The Special meeting of the, Meridian Planning, and Zoning Commission was called to order by Chairman Jim Johnson at 6:00 p.m.: MEMBERS PRESENT: Keith Borup, Byron Smith, Malcolm MacCoy, Ron Manning: OTHERS PRESENT: John Fitzgerald, Shari Stiles, Gary Smith, Will Berg, Ben Jepson, Sue Sheehan, Fran Dobnor, Dave Fuller, Bret & Trudy Jones, Rick Bigalsch, Jerry 8~ Janee, Perez, Leonard Aschenbrenner, Don Bailey, Carol Bailey, H.M. Vance, Jennifer Campbell, Robert McRill, Charles Knapt, Stephanie Anderson, Angela Grigg, Linda Rupe, Ceceil Conser, Becky Bowcutt, Gary Lee, Charles Eddy, Glen Glaser: ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION: Johnson: These findings have been revised to incorporate recommendations and comments from ACRD so that was the copy we should be looking at and talking about. Are there any corrections or deletions or any discussion regarding these findings of fact? Fitzgerald: Chairman Johnson, there is one thing that I would advise the Commission of is I received a telephone call from a representative of the applicant. The findings of fact according to the testimony was that there were 20 truck doors he informed that in fact there are 28 truck doors. That would be referenced on page 3 in which it says 20 truck doors. I don't know if a representative from the applicant is here tonight can confirm that but I point that out. Johnson: Does anybody have anything else? Smith: Mr. Chairman, regarding the references to the location the Meridian school I had a conversation with Jeff Foster with AHA Architects and clarified Chuck Lee the Director of Operation and Maintenance for the Meridian School District. Mr. Lee was mistaken as far as the location of the school. 1 have been faxed a copy of the vicinity map. 1 will pass it around. I think maybe with Mr. Lee being mistaken about the location of the school site he may have a different opinion as to whether he feels the terminal would have some kind of impact on the school location. Borup: I have a question for Commissioner Smith, what was your understanding that Commissioner Lee thought the location was? Smith: North of Pine on Locust Grove. Borup: I don't remember, I know one of the applicant's thought it was there. But the school came before the Commissioners (inaudible) Meridian Planning & Z~g Commission Special Meeting June 18, 1997 Page 2 Smith: It is on page 8, item 19. Borup: (Inaudible) where Mr. Awes said he made the mistake about the location. It is in the minutes, probably in a different paragraph. Smith: That is item 20 he states that. Borup: My reason for asking I was questioning whether Mr. Awes was mistaken about the location or Mr. Lee. Smith: Mr. Awes information was based on that given to him by Mr. Lee. Borup: The reference I was thinking of is in the minutes and it may not be in the findings where he stated he wasn't sure on the locations. Smith: It is in the findings of fact. Borup: The location Smith: That Mr. Awes stated that he may be in error as to the location. Johnson: Anything else? We have a motion then that should include that correction. Smith: Mr. Chairman, I would like to make a motion to incorporate the vicinity map, enter the vicinity map into the record and note that Mr. Lee was mistaken as to the location of the school therefore his opinion as far as the impact of the trucking terminal on the school may change. And to approve the findings of fact and conclusions of law with the that amendment to those findings of fact and conclusions of law. Johnson: We need a second on that. MacCoy: Second Johnson: It is moved and seconded we approve the findings of fact and conclusions of !aw as prepared with the stated amendment to be included, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: A11 Yea Johnson: Decision or recommendation to pass on to the City Council? Meridian Planning & Z~g Commission Special Meeting June 18, 1997 Page 3 MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or as similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and all ordinances of the City of Meridian. Conditional use shall be subject to review upon notice to the applicant by the City unless the City Council states that a conditional use is not subject to review. Smith: Second Johnson: It has been moved and seconded to pass the recommendation onto the City Council as stated by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR VANGUARD MILITARY CAMPUS BY VANGUARD MILITARY ACADEMY: Johnson: I will now open the- public hearing and invite the applicant or the applicant's representative to address the Commission at this time. Robert McRill, 530 N. Five Mile Road, Boise, was sworn by the City Attorney. McRill: Vanguard Military Academy is anon-profit organization 501 C3. We are the only bonified military academy in the Northwest United States. In fact we are only one of three bonified military academies in the western United States. New Mexico has one and California has the other. Obviously ours is here. We are the newest academy in ten years and this is by General Scott who is head of the United States Military Academy Association in Washington D.C. Our organization is not specifically or our idea is not to turn out troops that is not the basis of it: Number one is academics, we run from 5th grad through high school. The organization does not accept individual who are whore care young people. Occasionally we have heard over the we get calls in from somebody who would like to place their young people obviously military discipline seems to be they figure the answer to it all. But it isn't, consequently hard core cadets are not accepted in. We have a screening process that parents sign in. A conditional agreement that cadet is taken under for six weeks of probation in the academy. During that time should we find anything that is not in condition with their contract with us that cadet is dismissed from the academy. We have had very good luck our academic rates are running 92% across the board with our young people. Our military, the National Guard has been very kind in helping us out. In fact I have sitting with us here one of the young people, one of my cadets here who happens to be the (Inaudible) of the State of Idaho General Cane's son is here with us tonight. So I think you can see that the type of MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: May 13.1997 APPLICANT: DONOVAN BROTHERS COMMERCIAL CONSTRUCTION AGENDA ITEM NUMBER: 7 REQUEST: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMR FOR TRUCKING TERMINAL AGENCY COMMENTS 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: n ~ ADA COUNTY STREET NAME COMMITTEE: Uv CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~~~~G~V (~^~`~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ' • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION APPLICATION FOR CONDITIONAL USE PERMIT FOR TRUCKING TERMINAL WITH OFFICE EAST PINE STREET AND NORTH LOCUST GROVE ROAD MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on June 10, 1997, at the hour of 7:00 ' o'clock p.m., the Applicant appearing through its representative, 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 of Law: PRELIMINARY FINDINGS OF FACT 1. 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 June 10, 1997,_ the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 10, 1997 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. This property is located within the City of Meridian. The Applicant is not the owner of the property. The owner of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION property is YANKE/TRICON, L.L.C. and it has consented to the application for the conditional use permit. 3. Pursuant to the application, the request is for a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property. Future expansion of the trucking terminal will occur to the west. The northern portion of the property will remain undeveloped and reserved for development in the future. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (I-L) Light Industrial. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property would be and is required. 5. The (I-L) Light Industrial is described in the Zoning and Development Ordinance at Section 11-2-408 B. 14. as follows: fI-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 - Page 2. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 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. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at the intersection of North Locust Grove and East Pine Street, Meridian, Ada County, Idaho. 8. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. This parcel was recently split from a 20 acre parcel. Any further subdivision will require that a plat be prepared for approval by the City of Meridian and recorded. All comments are to be considered as applying to the entire ten acre site, with no phasing of improvements unless the City Council approves such phasing; b. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City ordinance Section 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department.. No variances have been requested for tiling of any ditches crossing this project; c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City ordinance Section 7-517. Wells FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION may be used for non-domestic purposes such as landscape irrigation; d. Five feet wide sidewalks are to be built along the entire east property boundary of the parcel. Ada County Highway District is not requiring construction or bonding of any improvements on Pine Street; e. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; f. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; g. The City of Meridian owns and maintains a 15 inch diameter sanitary sewer main adjacent to the north of this property in Pine Street. Service lines to the site shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; h. The City of Meridian owns and maintains ten inch diameter water mains in Pine Street and Locust Grove Road. Service lines to the site shall be reviewed during the plan review process. The City of Meridian desires to have a 12 inch diameter water main extended from Pine Street to the Oregon Short Line Railroad in the future Locust Grove extension. This development will be required to pay its proportionate share of the main line extension cost. The Applicant should post a surety with the City of Meridian for its share of the extension cost; i. The Applicant's representative has submitted one copy of a revised site plan that shows a 58 feet right- of-way dedication south of the mid-section line on Pine Street and hand-drawn locations of 116 three-inch caliper trees. Detailed landscaping plans will be required of any building permit application. A landscape architect should verify that trees selected will be able to thrive at 20 feet o.c. j. The site plan does not show the location of utilities . The site plan needs to be revised to show the location of all utilities; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION k. To be consistent with the adjacent Railside Industrial Park, and because Pine Street is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 feet wide landscape setback should be provided on Pine Street. A planting strip ten feet in width should be provided on Nola and the future Locust Grove Road; 1. The Applicant is to dedicate required right-of-way for all streets (Pine, existing Locust Grove, and new Locust Grove) abutting the ten acre parcel prior to submitting an application for a building permit. The Applicant is to submit copies of warranty deeds for said right-of-ways to the City Clerk's office; m. The traffic impacts of this project, at least in the short-term, will be significant. Franklin Road at Locust Grove is already heavily impacted by existing school bus traffic. This site is directly west of the recently approved Meridian Middle School Academy. Until Pine Street and Locust Grove Road are extended, this project will undoubtedly cause serious traffic congestion in the area; n. Assessment fees will be determined during the plan review process. The Applicant will be required to enter into an assessment agreement prior to obtaining a. building permit; o. Outdoor storage of equipment and materials will require that a suitably designed screen be constructed; p. Underground sprinkling of landscaping via a pressurized irrigation system is to be provided to all planting areas; q. The Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits, and the Applicant shall obtain a Certificate of Occupancy prior to opening for business; r. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage. The Applicant's representative has stated that no signage is desired; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION s. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA), and all required Uniform Codes; t. Screened trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access; u. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations for all off-street parking areas. All site drainage shall be contained and disposed of on-site; v. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; w. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or to impact adversely neighboring residential properties, as determined by the City of Meridian; and x. The conditional use permit shall be subject to review upon ten days notice to the Applicant. 9. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Applicant is to dedicate 58 feet of right-of-way from the mid-section line or 48 feet from the ultimate centerline of Pine Street abutting the parcel 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 from available impact fee revenues in this benefit zone. If the owner wishes to be compensated for the additional right-of-way, the owner must submit a letter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL, CONSTRUCTION of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. The value of the right-of-way will be offset against impact fees that will be due on any buildings on the developed property. b. The Applicant is to dedicate 60 feet of right-of-way from this site or 48 feet of right-of-way from the ultimate centerline of new Locust Grove Road abutting the parcel's west property line 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 from available impact fee revenues in this benefit zone. If the owner wishes to be compensated for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188; c. The Applicant is to construct approximately 630 feet of curb, gutter, five feet wide concrete sidewalk and pavement widening to a 41 feet street section on existing Locust Grove Road abutting the parcel prior to the District's approval of the final plat, or issuance of a building permit or other required permits, whichever occurs first; d. The Applicant is to construct a five feet wide concrete sidewalk on Pine Street abutting the entire parcel, and locate the sidewalk one foot within the new right-of-way of Pine Street; e. When new Locust Grove Road is improved in the future, the Applicant may access the new roadway with two driveways. The northern driveway shall be located 220 feet south of the north property line. This driveway may be restricted to-right turns only in the future. The southern driveway shall be located a minimum of 440 feet south of the north property line and a minimum of 30 feet north of the south property line. The driveways shall be constructed as 30 to 36 feet wide curb return driveways with 15 feet curb radii; f . If the Applicant proposes to access new Locust Grove Road prior to the District constructing it, the Applicant shall pave the road a minimum of 28 feet wide from Pine Street to the driveway proposed for access, and install pavement tapers at the driveways with 15 feet radii; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • g. The Applicant is to construct the southerly driveway as a 30 to 36 feet wide curb cut driveways on existing Locust Grove Road to align with the previously approved driveways on the east side of existing Locust Grove Road, approximately 30 feet north of the south property line. The northerly driveway shall be constructed as a 30 feet wide curb cut driveway, located approximately 300 feet north of the south property line, aligning with the previously approved driveway to the east; h. The Applicant is to pave all driveways their full required width to at least 50 feet beyond the edge of pavement of all public roads; i. The Applicant is to provide or deposit $5,355.00 to the Public Rights-of-Way Trust Fund for the cost of constructing a five feet wide concrete sidewalk on the new Locust Grove Road abutting the parcel, approximately 630 feet, prior to the issuance of any required permits or the District's approval of a final plat, whichever occurs first; j. The Applicant is to locate any gated entries a minimum of 50 feet back of the public right-of-way; k. The Applicant is to provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit or other required permits; 1. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; m. As required by the District's policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel; n. Other than the access point(s) specifically approved with this application, direct lot or parcel access to the new Locust Grove Road is prohibited; o. Other than the access point(s) specifically approved with this application, direct lot or parcel access to the existing Locust Grove Road is restricted; and p. No access point to Pine Street is proposed and none are approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • 10. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. After written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; b. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health and Welfare and the Division of Environmental Quality; c. Runoff is not to create a mosquito breeding problem; and d. Stormwater run-off should flow into a grassy swale before discharging to the subsurface. 11. The Meridian City Police Department submitted comments, which comments are hereby incorporated herein as if set forth in full; Locust Grove Road from Pine Street to Fairview cannot handle the type of traffic generated. 12. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; as long as all codes, water supplies and hydrants are met, it will have no objection to the proposed use; and fire sprinklers may be required due to the water flow in the area. 13. The Meridian Sewer Department may submit comments, and such comments shall be incorporated herein as if set forth in full when submitted. 14. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • incorporated herein as if set forth in full. Its comments included the following: a. The District requires a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on- site; d. If any surface drainage leaves the site, the District must review drainage plans; e. The Applicant must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 15. There were no further comments or testimony given at the hearing. PRELIMINARY CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418 C of the City of Meridian Zoning and Development Ordinance sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements, the facts presented and the conditions of the area, and assuming FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for a trucking terminal with an attached office and a future detached maintenance shop located on the southern portion of the property would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with, the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but with the future improvements to Locust Grove Road and the development having vehicular approaches to the property that will be designed to decrease interference with traffic on surrounding public streets, such increase in traffic should not create a problem; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, the Nampa & Meridian Irrigation District, and other governmental entities, which requirements specifically include, but are not limited to: 1. Any further subdivision of the property shall require the preparation of a plat for review and approval by the City of Meridian and recorded; 2. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City ordinance Section 11-9-605 M; 3. Plans for tiling any existing irrigation/drainage ditches crossing the property to be included in this project shall be approved by the appropriate irrigation/drainage district or lateral users FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • association, with written confirmation of said approval submitted to the Public Works Department; 4. Any existing domestic wells and/or septic systems within the project shall be removed from their domestic service per City ordinance Section 7-517. Wells may be used for non-domestic purposes such as landscape irrigation; 5. The Applicant shall construct five feet wide sidewalks along the entire east property boundary of the parcel; 6. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; 7. The Applicant shall coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent, and fire hydrant locations shall be depicted on the preliminary plat map; 8. The location and placement of sanitary sewer service lines to the site shall be reviewed during the plan review process. 9. As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, the approval of this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; 10. The location and placement of water service lines to the site shall be reviewed during the plan review process; 11. As the City of Meridian desires to have a 12 inch diameter water main extended from Pine Street to the Oregon Short Line Railroad in the future Locust Grove extension, the Applicant shall pay its proportionate share of the main line extension cost, and the Applicant shall post a surety with the City of Meridian for its share of the extension cost; 12. The Applicant shall submit detailed landscaping plans for review and approval by the City of Meridian as part of any building permit application; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION C ~ J • 13. The Applicant shall submit written verification from a landscape architect that the trees selected will be able to thrive at 20 feet o.c. 14. The Applicant shall revise the site plan to show the location of all utilities; 15. The Applicant shall provide a landscape setback of not less than 20 feet wide along Pine Street; 16. The Applicant shall provide a planting strip at least ten feet in width along Nola and the future Locust Grove Road; 17. The Applicant shall dedicate the required right-of- way for all streets; namely, Pine Street and Locust Grove Road; which abuts the property prior to the grant of any building permit application. The Applicants shall furnish to the City a copy of recorded warranty deed for or other documentation evidencing the dedication of additional right-of- way prior to applying for building permits; 18. Assessment fees shall be determined during the plan review process, and the Applicant shall be required to enter into an assessment agreement prior to obtaining any building permits; 19. The Applicant shall construct a suitably designed screen for outdoor storage of equipment and materials; 20. The Applicant shall provide underground sprinkling of all landscaping and planting areas through a pressurized irrigation system; 21. The Applicant shall obtain a Certificate of Zoning Compliance prior to applying for building permits; 22. The Applicant shall obtain a Certificate of Occupancy prior to opening for business; 23. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; 24. All signage shall be reviewed and approved by the Planning and Zoning Department. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 25. Sign permits shall be required for all signage; 26. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act, and all required Uniform Codes; 28. Screened trash enclosures shall be provided in accordance with City ordinance; 29. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor, and shall locate dumpsters so as not to impede fire access; 30. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access shall be prohibited; 31. The Applicant shall have prepared and submitted to the City Engineer a drainage plan, with calculations for all off-street parking areas, which shall be designed by a state of Idaho licensed architect or engineer; 32. All site drainage shall be contained and disposed of on-site; 33. The Applicant shall determine the seasonal high groundwater elevation, and submit to the City, with the development plans, a profile of the subsurface soil conditions as prepared by a soil scientist; 34. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department; 35. Illumination of the site shall be designed so as not to cause glare or to impact adversely neighboring residential properties, as determined by the City of Meridian; 36. The Applicant shall submit to the Idaho Department of Health and Welfare, Division of Environmental Quality the plans for central sewage and central water for its review and approval; 37. Runoff shall not create a mosquito breeding problem; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 38. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; 39. The. Applicant shall file a Land Use Change/Site Development application for review by the Nampa & Meridian Irrigation District prior to final platting; 40. The Applicant shall protect all laterals and waste ways; 41. All municipal surface drainage shall be retained on-site, and, in the event any surface drainage leaves the site, the Applicant shall submit to the Nampa & Meridian Irrigation District drainage plans for its review and approval; and 42. The Applicant shall comply with Idaho Code Section 31-3805. c. The Applicant shall meet the requirements of the Ada County Highway District, which requirements specifically include, but are not limited to: 1. The Applicant shall dedicate 58 feet of right-of- way from the mid-section line or 48 feet from the ultimate centerline of Pine Street abutting the property by means of recordation of a final subdivision plat or execution of a warranty deed prior to the issuance of any building permits or other required permits; 2. The Applicant shall dedicate 60 feet of right-of- way from the property or 48 feet of right-of-way from the ultimate centerline of the new Locust Grove Road abutting the property's west property line by means of recordation of a final subdivision plat or execution of a warranty deed prior to the issuance of any building permits or other required permits; 3. The Applicant shall construct approximately 630 feet of curb, gutter, concrete sidewalk having a width of five feet, and pavement widening to a 41 feet street section on the existing Locust Grove Road abutting the property; 4. The Applicant shall construct a five feet wide concrete sidewalk on Pine Street abutting the entire property, and locate the sidewalk one foot within the new right-of-way of Pine Street; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • 5. In the event the Applicant proposes to access new Locust Grove Road prior to the District constructing it, the Applicant shall pave the road a minimum of 28 feet wide from Pine Street to the driveway proposed for access, and shall install pavement tapers at the driveways with 15 feet radii; 6. The Applicant shall construct the southerly driveway as a 30 to 36 feet wide curb cut driveway on the existing Locust Grove Road to align with the previously approved driveways on the east side of the existing Locust Grove Road, approximately 30 feet north of the south property line; 7. The Applicant shall construct the northerly driveway as a 30 feet wide curb cut driveway, located approximately 300 feet north of the south property line, aligning with the previously approved driveway to the east; 8. The Applicant shall pave all driveways their full required width to at least 50 feet beyond the edge of pavement of all public roads; 9. The Applicant shall provide or deposit $5,355.00 to the Public Rights-of-Way Trust Fund for the cost of constructing a five feet wide concrete sidewalk on the new Locust Grove Road abutting the parcel, approximately 630 feet; 10. The Applicant shall locate any gated entries a minimum of 50 feet back of public right-of-ways; 11. The Applicant shall provide a recorded cross access easement for the parcels to the south to use for access to the public streets; 12. There shall exist restrictions on the width, number and locations of driveways on future development of the property; 13. Other than the access point(s) specifically approved by the Ada County Highway District, direct lot or parcel access to the new Locust Grove Road shall be prohibited; 14. Other than the access point(s) specifically approved by the Ada County Highway District, direct lot or parcel access to the existing Locust Grove Road is restricted; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION • • 15. No access point to Pine Street are approved by the Ada County Highway District. d. The conditional use shall not be restricted to a time period of authorization but may be, and is, subject to review upon ten days notice to the Applicant for violation of any conditions imposed herein, other conditional use applications, and/or the ordinances of the City of Meridian. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that, if the Applicant meets the conditions stated above, the conditional use permit be granted to the Applicant. APPROVAL OF PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAPP The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION 1 W • • DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the Applicant by the City, unless the City Council states that the conditional use is not subject to review. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. DARRELL DONOVAN/DONOVAN BROTHERS COMMERCIAL CONSTRUCTION Meridian Planning & Zon~g Commission June 10, 1997 Page 16 main room will be about 12,000 square feet. (Inaudible) we are probably looking at 5 foot joist which would put the top of the building at approximately 30 feet. Smith: What is the height of the existing building do you know? Main: The existing building, I am not sure if you are familiar with it, the outside wings I would say probably 14, 15, 16 feet and then they come to the center which sweeps up and has a steeple on it. I would think that steeple is probably in the 30 to 35 foot range. Smith: I am familiar with it. I can't comment any more because that is all the information that was presented. Borup: Any other Commissioners with questions at this time? This is a public hearing, do we have anyone from the audience that would like to submit any other testimony? Hearing none we will close this public hearing. Commissioners, what is your pleasure? MacCoy: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian. Borup: We need findings MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Manning: Second Borup: All those in favor? Opposed? MOTION CARRIED: 2 YEA, 1 NAY ITEM #6: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION - S. OF PINE STREET, E. OF NOLA ROAD: Borup: Is the applicant here or their representative? Richard Balster, 4103 S. 239th Street, Kent, WA, was sworn by the City Attorney. Balster: Donovan Brothers are proposing to build a freight terminal for Oak Harbor Freight Lines who are currently located in Boise. It is a family owned business and they currently have 14 employees, 8 of those employees are truck drivers at their local terminal. It is a quality run organization. We will voluntarily widen the road down by the Franklin intersection, that is at Nola Street and Franklin. We are going to pay to upgrade a 10 inch water line to a 12 inch water line. As per Karen Gallagher with Ada County the existing roads will handle the truck traffic. Her statement says 600 vehicle trips per Meridian Plannin & Zon• Commission • 9 June 10, 1997 Page 17 day but they currently only have the 8 drivers and they don't do 600 trips per day. The building is going to be a metal building, 2000 square feet of office with 20 truck doors. We will also be installing 116 three inch trees around the property to screen the property. Borup: Any questions from the commissioners? MacCoy: Yes sir I do, I have a whole lot of them. What are your hours of operation? Balster: Hours of operation they start running about 4 to 5 in the morning. Most of the traffic is they are loading up the trucks and they are leaving around 7 to S o'clock. They fill the trucks and then the truck drivers come in and take them out and bring them back empty, they get filled up around 4:30 to 6:00. They may have one or two drivers that go and come back if they get two loads. A lot of their freight is just going from there. They take the freight from businesses in Meridian and Boise bring it back to the place terminal that gets shipped to Seattle and California overnight. MacCoy: So you would say 4 a.m. to what? Balster: To about 6 or 7 o'clock at night. MacCoy: What type, you said construction is going to be a metal building. Balster: Yes MacCoy: And you have a flat roof probably? Balster: Yes, metal roof, standard seam. MacCoy: I am sure you have looked at the site out there and are familiar with that. Truck traffic is a real concern of ours and you have an R-4 across the street from you and I imagine you will probably be running from where you are proposing your location to be up Locust Grove to Fairview and out. Balster: The traffic will be coming off of Franklin, the easiest way for them to get to the interstate is from Franklin and coming down Locust Grove and turning into the site. MacCoy: You are saying no traffic would go up to Fairview for example? Balster: Not that I know of. That is why they are also widening the road up at that intersection, they want to take the right hand turns getting out to get to the interstate. They don't want to take the left street and the left hand turn and go down Pine Street. MacCoy: I was concerned about the noise and the fumes of the area because if you are right across the street with a house. eridian Plannin & Zon• Commission M 9 June 10, 1997 Page 18 Balster: There is only one house across the street. MacCoy: You have a whole complex (inaudible) Balster: They meet all the EPA regulations for their trucks, they are having to go to California (inaudible) MacCoy: That may be but if you happen to be one of the ones that owns housing in the area you don't care about EPA to the point that you have your sleep disturbed at 4 in the morning. What about sound barrier walls, are you going to do any of that? Balster: We are putting 116 trees that are going to be filling in (inaudible) that would be doing some screening. MacCoy: That is your only sound barrier? Balster: That is it. MacCoy: You also indicate a future shop? Balster: Yes they may put a shop in there at some time, that is just to maintain the vehicles on site. MacCoy: Will you be doing maintenance which would use air wrenches for example and tools that are Balster: That is done between 8 and 5 if they do and that would be done inside the building not outside which is an insulated building. MacCoy: What about painting and so on, you have fumes of paint and solvents and so forth. Balster: They don't do any painting or anything like that. MacCoy: Would you say the shop will not also be a paint shop. Balster: All they do is basically put tires on and change oil and do repairs on trucks. MacCoy: You are indicating it is actually a staging area then it is not, you really have no warehouse ability. Balster: They may have three rows of racking but all the freight comes in over night and it is shipped out in the morning. So you call it a cross dock facility. • • Meridian Planning & Zoning Commission June 10, 1997 Page 19 MacCoy: You also indicate you have a future expansion down the road with these (inaudible) I am going to pass it at this moment. Smith: How are you going to deal with the fact that there is a school across the street? Balster: We have talked to the school about traffic. It is not a middle school it is an alternative school. They are going to have temporary buildings located way down by the other intersection. He didn't see it as being a problem, Chuck Lee. Smith: Is he with the administration? Balster: Yes, I am sure if he had some real concems here he would be here tonight. Smith: I have some real concerns with it and I am not going to debate whether or not the school site is appropriate where it is or not. But it is there nonetheless. I think there are some issues that come up with these two type of uses there. I wasn't clear, you are going to widen the existing Locust Grove Road to Franklin from your site, the entire length to Franklin? Balster: We are adding the left hand turn lane on Franklin or to go from Franklin to Locust Grove. This is the (inaudible) We are widening the road so that a left hand turn lane can be added in the middle. This is on Locust Grove, this also helps the buses get in and out better (inaudible). Smith: Are your trucks going to be turning left on Franklin to go (inaudible) I just assumed they would be. Balster: This is more of a benefit for them to turn into the project so the road is wide enough. Smith: You didn't answer my question. Balster: I am not the terminal manager. Smith: It is a possibility (inaudible) Balster: They could go this or that way, they like to take the right hand turns. Smith: Has there been any discussion with Ada County regarding a signal light there. Balster: They didn't think it would be required. Smith: They didn't feel it was necessary based on what you are proposing? Balster: No • Meridian Planning & Zon~g Commission June 10, 1997 Page 20 Smith: I hate to sound like a broken record. I guess I am not real crazy about the whole facility being constructed out of metal siding. Your elevation shows metal siding painted, is that indeed metal siding painted or is that apre-finished metal siding. Batster: That is apre-finished metal siding, (inaudible). It is very similar to the other buildings that are in that development right off to the east. Smith: Is the 17 foot dimension on the elevation is that to the ridge of the roof? Batster: Yes Smith: The heavy line I see right below that would indicate the eve line. The three boxes that I am looking at on the office end of the building those would be windows? Batster: Yes Smith: The 10 foot landscaping strip along Locust Grove is that a minimum landscaping requirement the width? Batster: Actually we are going to have to make that one, that will be 10 feet. Smith: I think something like a berm along there might alleviate some noise. When you get around here to the expansion, if or I should say when Locust Grove extends on through to the west side of your property the future expansion it looks like it would encroach into a setback on the proposed Locust Grove, have you looked into that? Batster: We will have to dedicate portions of our property for that property. Smith: No the setback requirements from the road. Batster: The setbacks, we have worked that all out with Shari Stiles and Karen Gallagher on the distance from all of the intersections. They have approved our setbacks per here June 5 letter. Is that what you are talking about? Smith: No, I am talking about the setback from Locust, new Locust Grove back to the minimum dimension from the road that you can build your building. Batster: Right now that building is just shown that it may happen, we will have to come in for another permit. Smith: Functionally your site will still work okay with your offices on the back side? Batster: That is correct. Meridian Planning & Zon~g Commission • June 10, 1997 Page 21 Smith: Is there any fueling done at this site? Balster: Not currently, it is brought in. There is fueling done on the site, an outside supplier comes in and brings the fuel on site and does the fueling in the morning. Smith: Fuels the truck, so there is no on site storage, fuel storage? Balster: Correct, but they may apply for a permit to do that. They are still considering that. Manning: You say they anticipate, this facility would increase traffic by 600 units a day, 600 vehicles a day. Balster: Like I said right now they have 8 truck drivers that are working this facility so we are not increasing the truck traffic by 600 units. Manning: No but you are not building that to maintain a status quo of 8 units. Balster: That is right; their business may grow, but I would say that is on the very high side. They don't have any of their terminals that 600 trips a day. Manning: To the best of your knowledge the bulk of the traffic would be Locust Grove, Franklin into Meridian. Balster: That is correct, they do not want to go to Pine. Street, that does not work for them. Manning: Say the truck was headed east would it not go onto Eagle Road and gain access to the interstate on Eagle? Balster: Yes it may. Manning: But the bulk of the traffic you -feel would be coming into Meridian, Franklin into Meridian. Balster: Yes Borup: Anyone else? Balster: I do have a couple of comments, on the City of Meridian's letter to us, which we have not received yet, we just picked up from the architect today. Borup: The staff comment letter? Meridian Planning & Zo~g Commission June 10, 1997 Page 22 Balster: Yes, in the existing, item #2, existing irrigation drainage ditches crossing this property to be included in this project shall be tiled per City ordinance 11-9-605 we are wondering, there is currently no ditches there but (inaudible) there is a waste ditch and an irrigation ditch on the project but it is not on our property it is also on the City's property. So, we were wondering what they want us to do there. Borup: Shari, would you like to clarify that, was this a standard statement or site specific? Stiles: Commissioner Borup, Commissioners, it is a standard comment. Any barrow ditches would have to be taken care of in your street improvements is that right, or did they leave them, they are not the City's property they are the Ada County Highway District's property. If they are within that 90 foot total width there. Are you talking about both on Pine and Nola Road? Balster: Yes Stiles: There is an irrigation ditch that goes along the property boundary, the properties east boundary clear up to Pine and then goes along Pine and hooks up with Railside Subdivision. As far as the barrow ditches that would be taken care of with whatever your construction is with Ada County Highway District within their right of way. Balster: Item #7, the City of Meridian owns a 15 inch diameter sanitary sewer main, we would prefer there is another sanitary sewer line that we would prefer to connect in that is closer to the truck terminal rather than going all the way to Pine Street. Stiles: Gary is not here now to address that but these comments are from the Public Works Department and to meet their trunk requirements trunk line requirements that would be the nearest available sewer that you could hook into. Balster: Pine Street Borup: You are saying the other sewer line does not have the capacity, that you are understanding. Stiles: I would prefer Gary answer that. Balster: We don't have many units (inaudible) Stiles: I would like to get Gary to address that (inaudible) Borup: Okay, if he is still here, I would say that is something that needs to be worked out with the City Engineer if he is still here. Meridian Planning & Zo~g Commission • June 10, 1997 Page 23 Balster: Okay, my last one is the applicant is to dedicate right of way for all streets, Pine, existing Locust Grove, new Locust Grove abutting the ten acre parcel prior to submitting an application for building. We would like to change that to issuance of building permit or upon occupancy. ACHD's report to us is that our dedicating of our right of way is going to be either to the ultimate centerline 48 feet or 60 feet. They have not told us where our property line is going to be. We will agree to do that but we want to actually get in for a permit and would like it to be a condition upon issuance of a permit or occupancy rather than applying for a permit. Borup: Is the question on right of way on both roads? Balster: No it is just on where the center line Borup: You said 48 or 60. Balster: Yes the way ACHD's response was that we would have to dedicate right of way either to the ultimate center line or 60 feet. There is a question where the ultimate center line of the new Locust Grove is going to be. Until that is determined we can't dedicate right of way. Borup: That was my question, this is just in reference to the new Locust Grove. Balster: That is correct Borup: So your request is just pertaining to the new Locust Grove then. Balster: But we would like them all to be done, we would like to take care of all of them at the same time. Borup: Did ACRD give you an indication of a time frame? Balster: No they haven't. Borup: We may ask that later. Any other comments you had on staff comments? I think Smith is in now since is he up to speed maybe we can get input from him on item #7. I believe your comments pertaining to item # 7 and 12. Mr. Smith did you get brought up to date there, the question was on item #7 the sewer line. They #hought that there was a sewer line in Pine I mean in Locust Grove that was closer than the one on Pine that they would like to tie into. Eng. Smith: Mr. Chairman, I am not sure exactly where the line is in Locust Grove at this point. It is being extended to that Meridian Middle School Academy to serve that property I don't know where that is in relation to this property. Meridian Planning & Zo~g Commission • June 10, 1997 Page 24 Borup: Is there any problem with your department on which line they tie into. Is that something they can work out with you? Eng. Smith: It can be worked out. Borup: I think the concern earlier was it might be a separate line and there was a capacity problem. Eng. Smith: I don't think there is a capacity problem. Borup: Does that answer your question? Okay, any other comments from the Commissioners before the applicant sits down. This is a public hearing, do we have anyone from the audience that would like to come forward? Morten Awes, 3900 East Chinden Blvd, Eagle, was sworn by the City Attorney. Awes: I am with the architectural firm Awes-Hutchinson Architects representing the applicant. I think I can help you with some of the questions you had of the applicant. You asked about sound barriers first, the prevailing winds as you know are out of the northwest so that does help mitigate some of that problem. Also that might also help with the question of fumes to the adjacent housing development to the northwest. So that might be something to consider along those lines. You asked about a school across the street, I spend a good deal of time with Chuck Lee the maintenance director, Director of Operation and Maintenance and requested that he send us the plans for the facilities so we could look and see what they are proposing. They are proposing seven portable classrooms as you know around a culdesac drive through and it is up on the portion of Locust Grove north of Pine on the other side of Micro Tools so it is quite a distance from this project. I thought it was across the street just north of commercial. But the site plan indicates it is north of Pine. Smith: The sign is up right across the street from your property and there is quite a bit of grading that has been done the last week or so. Awes: I am in error then, but in his comments were that it was not a problem for him because the truck traffic will be coming in from the south proceeding north bound and w will be entering the site on the southern most portion of our site so that it won't, he didn't feel it would be a problem. I asked him did he have concerns with the alternative school being in essentially a light industrial area. And again most of those kids drive themselves and it is, they wouldn't have located there if they thought it was a problem because they are aware of the fact that area is light industrial. So he was supportive and didn't feel that it represented a problem for his operation.. There was just one other item here that I thought might help you. We have covered all of them so thank you very much. Borup: Any questions from the Commissioners? Meridian Planning & Zo~g Commission June 10, 1997 Page 25 Karen Gallagher, 318 E. 37th Street, Garden City, was sworn by the City Attorney. Gallagher: Commissioners, I just wanted to address the issue of right of way and then I would be happy to address any other questions you might have of the site and what we went through in reviewing it. Your staff has taken a little different approach than what we have, we are not requiring any right of way at this time on Pine. The entire site or the larger part that it comes from does abut Pine but the development itself does not abut Pine therefore we are not requiring right of way and as our funding is going at this point we don't want to spend money on right of way that we don't quite need until a development is coming forward that we need to worry about setbacks for a building. That is included in our report that Pine Street the right of way is not included. So I would make a recommendation that not be included. As well as any right of way on either existing Locust or new Locust Grove. We are only getting right of way, we don't need any on existing Locust Grove, we do need right of way 60 from their property line on new Locust Grove and we are asking for that but only on a portion of the site that is being developed at this time. Thank you, any questions? Smith: Is the widening of existing Locust Grove Road as was shown tonight requiring the acquisition of any addition right of way? Gallagher: The plan that was shown for the widening at the intersection at Franklin was not a part of development services requirement. The applicant has been concerned about or trucks turning at that intersection and they are coordinating with a different part of the district. So whatever they are doing must be within we have 50 feet of right of way which would easily accommodate what they are dealing with. So to my knowledge there is no additional right of way that is needed for that. Borup: Anyone else, any additional comments? None, at this time I would like to close the public hearing. Commissioners we do have preliminary findings of fact before us. John, is there anything that you fee should be added other than the name for one thing but that after the testimony anything that needs to be added to the findings? Fitzgerald: Well I think that in terms of the testimony presented by the applicant's representative that there-were a lot of (End of Tape) we incorporate those in specifically into the findings of fact and conclusions of law for your consideration. Borup: Are you referring to, the most pertinent thing in my mind was the right of way. Fitzgerald: That is correct, and the turning lanes. Borup: Do we want to address the specific items on the right of way then or can that be in the general motion do you think? Meridian Planning & Z~g Commission • June 10, 1997 Page 26 Fitzgerald: In terms of the findings of fact you can have me revise them so we specifically include his testimony in the findings of fact if the Commission thinks it is important enough. Borup: I have a question for staff then you included in the right of way, do you have any comment in light of ACHD's testimony? Agree or disagree? Eng. Smith: I guess Mr. Chairman, Commission members, it is the highway district's right of way, it is their responsibility for the roads. I guess they are responsible for the traffic counts and the impact on the traffic load, carrying capacity of the section road, the access onto Franklin Road. Those things are their jurisdiction and their responsibility. So I guess if they have looked at that and said everything is okay then that is theirs. Borup: Any other commissioners have any other comments of (inaudible) Smith: I guess I would just like to see the findings of fact include the testimony that was given tonight regarding fueling and fumes, noise, barrier, all of that. I think there was substantial testimony given that needs to be included. Does that require another motion? Borup: Counselor, earlier I thought you indicated that the other changes could be made and the findings could still be passed on. Is that still the case with (inaudible) Fitzgerald: I would feel more comfortable given the substance of the applicant's representative's testimony that it actually be or the findings be revised to specifically incorporate that testimony, I would feel more comfortable. Borup: So you are saying revise them and come before the next (inaudible) we do have a little bit unusual month that we have another meeting next week on (Inaudible). Are these changes such that it could be done at the next Planning and Zoning meeting? Fitzgerald: The quest is how quickly we can get the transcript from this hearing. Do we have enough notice? Smith: Mr. Chairman, I would like to make a motion that we incorporate the testimony as presented this evening into the findings of fact into the preliminary findings of fact and conclusions of law and that findings of fact and conclusions of law be prepared for our next commission meeting. MacCoy: Second Borup: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Z~g Commission June 10, 1997 Page 27 Fitzgerald: So as I understood your motion what you are asking is for the preliminary findings of fact and conclusions of law to be revised to incorporate the testimony and brought back to the Commission for review and approval, is that correct? Borup: The intention is to be at the next June 18th meeting. What we just did was instructed the attorney to prepare new findings which would incorporate the testimony with the intention of trying to have that completed by June 18th which is next Wednesday. (Inaudible) Borup: I assume you were trying to get submitted for a building permit. (Inaudible) Borup: The next City Council meeting would be July 1 ~, the City Council does meet twice a month. Does that help? ITEM #8: PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Borup: Is the applicant here? Hoyt Michener, 7009 Bellhaven, Boise, was sworn by the City Attorney. Michener: I have read through, my father Roger couldn't be here tonight, I have read through the comments that everybody had provided, Shari and everybody. We have a few questions and clarifications. (guess they are all public concerns. Borup: That would be appropriate go ahead. Michener: Two fire hydrants, they weren't really described where to place them. Borup: Did it reference a specific number in the comments? Michener: It said it should require two fire hydrants, number four. I guess I could just go through in order. I will start with number then. Cross access easements, we are providing one to the back which would be the south property, I don't know exactly what that owner is planning to do but we are providing access to that back and recording an easement. I don't know what the east and west landowners are doing with their parcels. At this time I don't know if we need access agreements for the east or the west. We are providing one for the south. Number three, we are planning to meet all of the minimum landscaping requirements if that requires a 20 foot strip that would be fine. Number 4, provide fire access and hydrant locations. I guess it is not on this first one, it must have been on the second one for the rezone. But it said two fire hydrants on the property we • MERIDIAN PLANNING & ZONING COMMISSION MEETING: Mav 13 1997 APPLICANT: DONOVAN BROTHERS COMMERCIAL. CONST. AGENDA ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. t . ~ • ADA COUNTY HIGHWAY DISTRLT REcEwED Planning and Development.Division ~~{ Development Application Rort ~ ' APR ~ 5 1997 MCU-14-97 Pine St & Locust Grove Rd '~ ~ ,Trucking, ter~~OF MERIDIAN The applicant is requesting conditional use approval to construct a 11,990-square foot trucking terminal/office building. The 5.57-acre site is located~,on he south side of Pine Street and on the west side of existing Locust Grove Road -(east side of_ttie future Locust Grove Road). This development is estimated to generate 600 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: " ~ Pine Street Existing Locust Grove Road New.. (extended) Locust Grove Road ,. ~. ACRD Commission Date -May 7, 1997 - 7:00 p.m. ~I ~.~ ~ (~ I•=Ai~~1y1~{~.~y~V~~t~6~~ RT anal la» ••~`.~::.~ ~•.. IlNlrr«« \ 3QO R1 ~ •~~~ . - - ----__ _- - --- - ~. $ "s s $ ~I tlna« g 1 ~ ulatnaw ~` ~ ~'•. / I I ~~~ \.. ~ ~~ SJ07f~dT. dP.ST • ___-~ ~nNN/M r 1 .~ •~~• `~ •~••:~• ".~+~ . 1 "~•• ~. ~~..•.. •-• - 1 ~_'.. ~.~ a..-- -- I ! m.nnattta ~ ~~-~° .. tlftN I amt«tn 1 \•• . ~ z ~ ~. t nnN .. •.•~^ ..... - i • • ~ 1 ~ ~ ONMiMU ~..,~ 1 ~:_ , II banae- ~ ~ 19 `'• nnN«w 1 I tIAN ~117NM tlnN ) 1 1 ~ 11NYiMN C I ~ ~ \ en • 1 r«~«. tlnN«r • r ,/ 1 ..n .«~«t 1«N~Ir rw tm«wl ~ tlnN ~. • ~ 1 N0.7 I i ~ - tln«w ntiN«w 1 ~ t/latutaw tnutNt ^In«Nr ---TMA Sy'P ' ;' tr'd ~ ; a 1 ~~'~ ~ ~ A 1 ~ ~ t11YYMM ~ • • 1 '• ~ - -saucsaorr+s~-- - -hy 1 ti, ~ % ... ~ 1 . 1 .r` i olataa.w 1 ~ : la. ~ ,1 x I~~ ; ~ tfNirN '• tY1t11atM + _^ g i , ~ a .«Ittl.r~ 11 Wlalata ~ IINat.laM ~i' ~ 1 0 .ulvr - --- " . . 8 I ~ f e ~ = ! moo, ~ ttaa ~~ I ~, ~ ~~ 1 naunmt ~ ~ ~ ~ , ~ 1~ ~ 1 ~ 1~ 1 s p. ~ : .- .-.. ....,, ~ :a ~'~ .- - ~_ ~ t1lNtttNt -~~ ~ R I ~{ - _4..e ~,\ S//o832 5¢25 o ... . - s: °= a,... ~. ,. ~. (~ ,r,.,.r» a i~ ~TTi~GF 1a cNT ~ - To T' f1ltYtalN Il ~! - - ~ ~ , r .1 .1 ~~ ~' «Ilaft0110 NNaattlte Nlrsttalat tfltattalN i 2 iNDU _ - _ _ _ -&6Aj~l~llC~AL~f _ - _ _ _ I I I alntttaN «Iteatoea talnataow «I/Nt00N «ItNtw~ 1 ~ i ~ ------- -------= -------= -------- ------ • _~, ~~ p , Facts and Findings: A. General Information Owner - Yanke/Tricon, L.L.C., DBA/Yanke Property Management Applicant -Darrell Donovan IL -Existing zoning 10 -Acres :y ;~.~.~, 11,990 -Square feet of proposed building - 0 -Square feet of existing building "' 0 -Total lineal feet of proposect~ublic~streets _r 268 -Traffic Analysis Zone (TAZ) ,, West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Pine Street Collector with bike lane designation Traffic count on - 620-feet of frontage 50-feet existing.. right-of: way (25-feet from centerline) 96-feet required:right-of-way (48-feet from centerline, or 58-feet from mid-section line), this right-of--way will accommodate on-half of a 96-foot corridor on the south side of the road. Right-of--way has been required abutting a portion of a parcel on the north to accommodate on-half of a constrained 84-foot street section, because of the existing development Pine Street is improved with a 24-feet of pavement with no curb, gutter or sidewalk. .xi ti g i .ocust Grove Road Local commercial road with no pathway designation No traffic count available 660-feet of frontage 50-feet existing right-of--way 58-feet required right-of--way (no additional from this site) additional right-of--way (35-feet east of existing centerline) has be required from the east side of Locust Grove Road to maintain the alignment with the existing curb, gutter, and sidewalk improvements on the east side of the street Existing Locust Grove Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. MCU 1497.COM Page 2 • • New Locust Grove Road Minor arterial with bike lane designation No traffic count available 660-feet of frontage 0-feet existing right-of--way 96-feet required right-of--way (48-feet from the ultimate street centerline, or 60-feet from existing property line) New Locust Grove Road is not constructed through this site. District policy requires the applicant to pave the new roadway ahutting the site to a minimum width of 28-feet, if access is proposed. The realignment/construction of New.°I~ocust Grove Road is not included in the District's Five Year Work Program. B. Utility street cuts in new pavement less than five years cold are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. The site is currently vacant. The site abuts Pine Street on the north and Locust Grove Road on the east. I;ocust Grove .Road is not in a straight alignment along the section line north and south Pine Avenue. On the south side of Pine Avenue, Locust Grove Road extends along the.°east side of the site to Franklin Road. On the north side of Pine Avenue, Locust Grove Road extends along the west boundary of the site (see attached map) along its 'true section line' . The'District plans to remove the 'jog' in Locust Grove Road by extending Locust Grove Road south of Pine Avenue along the site's west boundary to Franklin Road. The arterial designation for Locust Grove Road will be transferred from existing Locust Grove along the site's east boundary to the new Locust Grove Road abutting the site's west boundary. The applicant will be required to construct sidewalk on new Locust Grove Road and a standard commercial street section on existing Locust Grove Road, in compliance with District policy. D. The applicant is proposing two 45-foot wide driveways on existing Locust Grove Road. The submitted site plan was not scalable. There are two approved driveways on the east side of Locust Grove Road, across from the site. One is located approximately 30-feet north of the site's south property line, and the other is located approximately 300-feet north of the site's south property line. Staff recommends that the applicant construct two 36-foot wide curb cut driveways on existing Locust Grove Road aligned with the previously approved driveways on the east side of existing Locust Grove Road. E. No access to Pine Street has been proposed. F. The applicant is proposing two driveways to new Locust Grove Road. When Locust Grove Road is improved in the future and the Pine Street/Locust Grove Road intersection is MCU 1497.COM Page 3 r • • controlled by stop signs or a traffic signal, access to this street:. should be a minimum of 440- feet south of Pine Street for a full access driveway and 220-feet for aright-in/rght-out driveway. A street has been approved in Railside Subdivision on the west .Side of new Locust Grove Road, across from the site. In order tt~~iriaintain the required offset of 220-feet from this street, the southern driveway should be a_minimum of 30-feet north of the south boundary. The northern driveway may be restricted to right, toms only in the future. The driveways should be constructed as 30 to 36-foot~~wide curb return driveways with 15-foot curb radii. .w. ~', G. If the applicant proposes to access new- Locust Grove Road prior to the District constructing it, District policy requires the applicant to have the road a minimum of 28-feet wide from Pine Street to the driveway proposed for access,-and install pavement tapers at the driveways with 15-foot radii. ~. ~ .. ,',~, H. District policy requires_the applicant to provide a $5,355.00 deposit to the Public Rights-of- Way Trust Fund for the~cost. of constructing a 5-foot wide concrete sidewalk on new Locust Grove Road abutting the ~parcel_(approximately 630-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. I. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto'-the roadway ' In accordance with past action by the District, the applicant should be required'o pave all driveway their full required width of 30 to 36-feet to at least 30-feet beyond the edge of pavement of the public road and install pavement tapers with 15- foot radii abutting the existing roadway edge. J. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on Pine Street abutting the parcel. The sidewalk should be located one-foot within the new right-of- way line. K. District policy requires the applicant to construct approximately 630-feet of curb, gutter, 5- foot wide concrete sidewalk and pavement widening to a 41-foot street section on existing Locust Grove Road abutting the parcel prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. L. In,accordance with District policy, the applicant should be required to provide a $5,355.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on new Locust Grove Road abutting the parcel (approximately 630-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. M. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building MCU 1497.COM Page 4 • • N O. permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the south if it is the subject of a future development application. ~:; ACHD's Park & Ride Division Staff have indicated the:need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12-space Park & Ride area at this site. Coordinate'the location with District Ride Share staff (345-POOL). In order to reduce trips to and from this_development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) ar .Transportation Management Organization (TMO) that is ~~ formed with a boundary that includes this site or is adjacent to this development. ~~ A Transportation Management Associaac~°~ (TMA) or Transportation Management Organization (TMO) is formed with a cooz-dinator that works as a liaison between businesses and private and public transportati©n providers to increase the use of alternative transportation and other°trig reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed nn future development of this parcel. Q. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 58-feet of right-of--way from the mid-section line (or 48-feet from ultimate centerline of Pine Street) abutting the pare:;i l~ . Weans of recordation of a final subdivision plat or execution of a warranty deed prior to i: -_;ance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of- way from available impact fee revenues in this benefit zone. If the owner wishes to be compensated for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. The value of the right-of--way will be offset against impact fees that will be due on any buildings on the developed property. 2. Dedicate 60-feet of right-of--way from this site (or 48-feet of right-of--way from ultimate centerline) of new Locust Grove Road abutting the parcel's west property line 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 MCU 1497.COM Page 5 t ~ ~ compensated for this additional right-of--way from available impact' fee revenues:: in this benefit zone. If the owner wishes to be paid for the 'additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACRD Ordinance #188. 3. Construct approximately 630-feet of curb, gutter,. 5-foot wide concrete sidewalk and pavement widening to a 41-foot street section. on`existing Locust Grove Road abutting the parcel prior to District approval of the final play or issuance. of a building permit (or other required permits), whichever occurs first: ,; 4. Construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the entire parcel. Locate the sidewalk one-foot within the new right-of-way of Pine Avenue. J 5. When new Locust Grove Road is improved in the future, the applicant may access the new roadway with two driveways. The northern driveway shall be located 220-feet south of the north property line; this driveway may be restricted to right turns only in the future. The southern driveway shall`be located a minimum of 440-feet south of the north property line and aminimum- of 30-feet north of the south property line. The driveways shall be constructed as 30 to 36-foot wide curb return driveways with 15-foot curb radii. 6. If the applicant proposes to access new Locust Grove Road prior to the District constructing it, the applicant shall pave the road a minimum of 28-feet wide from Pine Street to the driveway proposed for access, and install pavement tapers at the driveways with 15-foot radii. 7. Construct the southerly driveway as a 30 to 36-foot wide curb cut driveways on existing Locust Grove Road to align with the previously approved driveways on the east side of existing Locust Grove Road, approximately 30-feet north of the south property line. The northerly driveway shall be constructed as a 30-foot wide curb cut driveway, located approximately 300-feet north of the south property line; aligning with the previously approved driveway to the east. 8. Pave all driveways their full required width to at least 50-feet beyond the edge of pavement of all public roads 9. Provide a $5,355.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on the new Locust Grove Road abutting the parcel (approximately 630-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 10. Locate any gated entries a minimum of 50-feet back of the public right-of--way. 11. Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). MCU 1497.COM Page 6 ~ ~ 12. Utility street cuts in new pavement less than five years '`old are_ not allowed unless approved in writing by the District. Contact Construction Services at 345-766T' (with file number) for details. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel _ 14. Other than the access point(s) specifically approved with this application, direct lot or parcel access to the new Locust Grove Road is prohibited. 15. Other than the access point(s) specifically .approved with this application, direct lot or parcel access to the existing Locust GroveTRoad is restricted. 16. No access point to Pine Street is proposed and none are approved with this application. Standard Requirements: A request for'modification, .variance or waiver of any requirement or policy outlined herein shall be made in writing to `the ACHD Development Services Supervisor. The request shall 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 ACRD 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 reconsideration shall specifically identify 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. MCU1497.COM Page 7 ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. 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. All design and construction shall be in accordance with,the*Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. T 5. 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. use and roe develo merit shall~be in conformance with all applicable 6. Construction, ~_ P P P requirements of the Ada County. Highway District prior to District approval for occupancy. ~:r 7. No change in the terms and condtions.of this approval shall be valid unless they are in writing and signed by the applicant or ttie 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. r 8. 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. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted bx: Date of Commission Action: _ Development Services Staff MCU 1497.COM Page 8 ^I e }a} F- ~~ ~..~ ` G 1 9Ii~Ytll NY1d iN3Wd013 U ...-I...w. t-... ~ .MIM (un .VI awlw« Itwl . to furii ,If w t n tfwtvu . tuswafv ~ 3F 3 ~ al~~l.tt•1.~1. "JNI '6'OtlB NYAONOG 1WM ~ 4 ~ ~ y•d Isa posy uouyasn~.{ • sae+y ~ ~ 3 ~ AJl79Y>r 391~>f0 1 ~f1oM mreaawr Ittt~ W 4 i~ ` f ~ W ,/ ry ifi~ fb~ R O a C I f~ i0 ~j W ~ Z A ~ X W Q N ` • ~ 14 ~ F ~ $ t ~~ Q ~• 'l~ g ~ 3 ~ xy ~ ~X~ O ~ ~ ~ ~~ ~ g P'S ,~~ z8 < ~ ~~~ ~ ~_ W ~ ~ ~ ~ 'L 1/10Mrw _____..____._.~ rl/ .C~ i :.t• J Q Z W Q W W ~ i ~~ ~ ~ ~, _ o J a .. 1.~. 2 ~ i g~ ea ; ZO ~? Z Fr ,~~ d~ i. .~~ _ ~ ~~ W~ W ~ ~ .~ W i ~ ~ ~ CW J ~ Q ~~.. ~ ~ 6f W ~~ WQ G 3 ~St~: ~ < . Z ^ ~ ~ ~ k Z ~ a ~ I W ~ '~° ~ > a LffV ~ 7 K ~ ~! ~ ~ W ~ ~ ~ -- ¢ ~ ~.. -.~ W _ _ _ _ . _ _ _ - - ' t~aw~sv3 •aa 3n1oa~ lsn~o~ 3anln~ _. I I I I j ~mmb _ ,c~ ,~ ut~ ., ,Sty ~ .=:~--_--:, S ~ ~r e Z $ Q ~ $ _$ W ~ J Q ~... ~Q W Z C 3 a ~ v EXHIBIT C