HomeMy WebLinkAboutMurasko, Michael & Michelle AZWILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Adminlstrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, PollCe Chlef
WAYNE G. CROOKSTON, JR., Attorney
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HUB OF TREASURE VALLEY COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
EE
C
GLENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
(208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 KEITH BORUP
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian Planning 5'< Zoning Commission, please submit your comments and
recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 7. 1997
TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14/97
REQUEST: Annexation and zoning of 5.465 acres to I-L Light Industrial
BY: Michael 5< Michelle Mursako
LOCATION OF PROPERTY OR PROJECT: North of Franklin Road. West of Eagle
Road
JIM JOHNSON, P2
MALCOLM MACCOY, P2
JIM SHEARER, P2
GREG OSLUND, P2
KEITH BORUP, P2
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
_ CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. 8 FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
• •
APPLIATION FOR ANNEXATION APPROVAL &
• ZONING OR•REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
I. GENERAL INFORMATION
FILING INFORMATION
N.A .
(PROPOSED NAME OF SUBDIVISION).
~`
}
S'am'/d Sc~., ~ , 7-.3~C.J
(GENERAL LOCATION)
_ILEGAL DESCRIPTION - ATTACH !F LENGTHY)
/yJ~~ ~gEC. ,~,vo ~~c~i e~~~ /1/f un~ s,~.o 747 - yy~ - goad
(OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.)
~'~~ L' ion W~~ S~. _ U,9L~,4 vr~~~ ~A . 9~s"~~ fad
(ADDRESS}
SAME
(APPLICANT) (NAME) {TELEPHONE N0.)
(ADDRESS}
~'/ . ~c~s s ~ 1 "[.S ~ YCG~SS~i~/~/.y~F~/~1~ ~r~/~ 729
(ENGINEER, SUR EYOR OR PLANNER} (NAME} (TELEPHONE N0.)
.333 ~~~ _o~T, Q~o/sue ~D ~37r~ ~
(ADDRESS)
(JURISDICTION(S) REQUIRING APPROVAL)
(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+5Q ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:)
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REQUEST FOR ANNEXATION & REZONING - CITY OF MERIDIAN
1. Applicant - Michael and Michelle Murasko
501 Cottonwood St.
Vacaville, CA 95688
Phone: 707-448-8021
2. Owner - Same as #1
Proof of Title Attached
3. Attached
4. Attached
5. The right-of-way for Eagle Road is defined by the
easterly border of the above described property.
Existing easements are identified in the title report.
A new legal has been provided which includes Eagle Road to
the Section line which was the original centerline.
6. Vacant
7. Owner's propose no land use change at this time.
8. Current Ada County zone of "RT"
9. Request change to "I-L" (light industrial).
10. The property borders an existing industrial subdivision.
The land is currently vacant, and the zone of "I-L" would
be consistent with adjacent uses and in accordance with
the goals set forth in the Comprehensive Plan.
12. Attached
13. Attached
14. Attached
15. The parcel is within the area designated for industrial
development in the comprehensive plan and specifically 5
to paragraphs 3.3, 3.5, 3.13, and 3.17.
16. Attached
17. LOVELESS ENGINEERING will post property as directed the
CITY OF MERIDIAN PLANNING DIRECTOR.
• S~Ca~~anwaad S~nee~
Vacav.c,Q,~e, CA 95688
December 5, 1996
Ke~,~h Lave.~e~s~ RECEfV~~
Love~2e~~ Eng~.neeni.ng ,,
3330 Grace ~'~.'~ ~ ~ ~~r
Ba.%se, ID 83703
LOVELESS ENGINEERINQ
Dean Keti~h, _.
P2ea~e use the ~o.22aw~.ng au~han~.za~.%.an where and when you need xa ~.n
the pnace~~s a~ ~a2,~aw~.ng a~2 ~s~ep~ nece~~ary ~a annex our pnapen~y ~.nta the
c,i,~ty a~ Men~.d~.an. .
M~.chae.2 and M.iche~Ee Muna~ Fza , a~ awnejus o ~ the pna pent y .~a caked ~.n the
~o2~ow~.ng de~sc~c.ip-ti.an da hereby au~han~.ze Kei,~h Laveee~s~s ~a act ~.n aun beha.2~
as aun du.~y au~han~.zed agent ~.n ~a.P.eaw~.ng a.P.e ~~ep~ nece~s~sany ~.n annex~.ng
aun praper~y ~.n~o the ci.~y a~ Mer~.d~,an. He w.c,2~ be repne~en~,%ng u~ a~ the
nequ~.ned counc.%2 mee~<.ng~, ~5ubm.~~~i,ng re2a~ed ~anm~5 and dacumen-t~s whenever
and whenever nece~~sany, ab~a.in~.ng ~in~armafic.an fan u~, and da~,ng any~Gu:ng
e~.2e required ~.n accamp.P,isht,ng ~h.i,.s gaa.~. Anyane hav~.ng any que~s~,%.avv~
negard,~ng htis au.~han~..ty may ca.P~2 ups a~t 707 448-8021.
qy 1 • ac.o ~
The .hand ~.n que~5~,%an cawta~.na apprax~ima~eey 5.465 actce~ a~ .2and.
Atract a~ 2and ~s~.~ua~ed ~.n the Sauthea~s~ % a~ the Sau~heaa~ % a~ Sect,%an
8, Tawwshi.p 3 Narth, Range 1 Fa~~, Base Me~u:.d~.an, Ada Caun~ty, Idaha.
Authan,%zed and ~s~.gned ~Gu:~s 5~h day o~ December, 1996 ~.n Vacav.c,P.ee,
Ca2~.~orn~.a.
S.cg na~une
Dear Ke,c:~h,
M~.fze hays a~sfzed me ~a 6e pure ~ha~ you Fznaw and unde~~and ~tha~ ptu.on
~o beg~.nn.i.ng the annexati.an proce~~s you checFz ~.n~a and ve~u:~ y the ~a.P.2ow~.ng
~.n~onma~~.an. He wowed ~2~.fze you ~o gel each x~~ue ~spe~ed auk ~.n wn~.~~ng by
the proper authon~.~~.e~ gar each.
TnavUSpar~a~,c:an Depan~men~t: MaFze rune .that we ~ha.P.2 have a 2ega~ n~.gh~
o~ way orb a{y FnanFie~.n and LenarFt fan cammercc:a.2 use. There -cs na pa~.n~ ~.n
annex~.ng x~ there are na n~.gh~ a~ ways. Da nab xaFze anyane~s wand fan -ct. Gle've
~eanned the hand way ~a gel eveny~h.ing ~.n wntitc:ng. I~ ~5ame ashen agency .cis ~.n
change then by a.~e mean/, go ~a them.
Glha~even agency .u, ~.n change: Aga~.n ~.n wn.cti.ng, kind .auk where the waken
and ~-ewer .ice cam~.ng $nam ~ta aun prapenty. I~ we need and can ab~ta~,n 2ega2
acce~s~s acna~~s any gavennmen~ pnapen~y. U1.i,2e the ~sewen .P.i.ne be ~o.~2ow~.ng the
waken ~i.ne?
Thee x~~5ue~5 mu~5~ be re~a2ved ~~.rvs~. P.~ea~se Fieep ws paa~ted an yaur ~~.nd~.ng~s
and ~ end u~ ca p~.e~s a ~ an y~h~,ng ~ha~ you g e~ ~,n wnt,~,i.ng . Fnc,ea~ ed .cs a checFz fan
ou ~.n the amaun~ a~ $500.00 and are ion the C~.~y a~ Mesu:.d~.an ~.n the amaun~ a~
475.00. Gle appnecca~e yawn help ~.n ~h.%~s ma~~en and a~sFz ~ha~ you act a~ ~w~.~~ey
and ~hanaugg~,ey a~5 pa~s~s~.b.2e. Ule are ma~s.t anx~.au~ ~a re~a2ve ~th.c~ wha.ee ma~~er.
Fee.e free ~ta can~act cu, any~%me.
S~.ncene~y,
~~~~~
M~.che~.e Muna~Fzo
•
DESCRIPTION OF ANNEX PARCEL
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, THENCE
NORTH 00°55' EAST ALONG THE EAST SECTION LINE OF SAID SECTION
8 AND ALSO BEING THE ORIGINAL CENTERLINE OF N. EAGLE ROAD A
DISTANCE OF 498.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89°01'16" WEST ALONG THE SOUTHERLY BOUNDARY
OF THE OLSON AND BUSH INDUSTRIAL PARK, RECORDED IN BOOK 44 OF
PLATS, ADA COUNTY, AT PAGES 3581 AND 3582 A DISTANCE OF 883.48
FEET TO THE SOUTHWEST. CORNER OF SAID OLSON AND BUSH INDUSTRIAL
PARK;
THENCE SOUTH 00°28' EAST A DISTANCE OF 315.11 FEET TO A
POINT;
THENCE NORTH 89°32'22" EAST A DISTANCE OF 876.13 FEET TO
THE EAST SECTION LINE OF SAID SECTION 8;
THENCE NORTH 00°55' EAST ALONG THE SECTION LINE A
DISTANCE OF 293.0 FEET TO THE POINT OF BEGINNING.
NOTE: THIS DESCRIPTION WAS PREPARED BY LOVELESS
ENGINEERING USING EXISTING DEEDS AND PLAT
MAPS OF RECORD AND NOT BY A SURVEY ON THE
GROUND.
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From: Dave Vaughan or Barb Burnell To: Keith Loveless Date: 11!14196_ Tim_ e: 08:55:32 Page 7 of 8
, Sank Code
Buyer Lien Code
~/o Prepaid
Address 501 COTTONWOOD S'I' L.I.D.
Bankrupt
VACAVSLLA CIL Sub.Code
94588 - OOUO
Annexation *NO
Last Change 95/05/05 By : ASR_ DI?{IE Notes
Tota3 60000
T,egal PAR #9224 OF SE45E4
SEC 8 3N 1E Exe~tption
,~44.9222-S
;p'94I12246
03N01E089224 3N lE 08
Haz'dship 0
Property Zoning RT Flag
Address Ob000 E FRANKLIN RD MERTDZAN ID D.D,
Space # Type i RLA.L Roll 3 PRIMARY Occ. 0 Action:
F2=Select F3•---Exit FS=Corrected Notice F6=Letters F10--Tax
As.T-F10 KELP ( V~'~-1.00 ( FDX (
.----- 9600 N82 ( ~.,OG CLOSED ( PRT OFF ( CR ( CR
TAX*I~fAIN *PUBLIC TAX COLLEL"~ION SYSTEM (MASTER) 11/OI/96 0(1000
52108449224 15:35:05
MURASKO MICHAEL ETUX Sank: Tax Value: $60
000
501 COTTONWOOp ST PrepS~d: ,
H/O:
VACAVILLA CA 94588 Bankrupt: HA:
Sub Code: CB Amt:
HiII# 951192835 Cd Area: 242
Year BASE CHARGE Hif NET TAX RECELVED HALF DUE TOTAL DtTE
95 747.26 1 373,63 373.63~-
2 373.63 373.63-
*ACTION 95 Interest as a£ 11/01/96 .000
CF02-SELECT CF03-EXI'T CF05-CALC
ALT-FIC HELP ~ vT-100 ~ FDx ; 9600 N82 ( LOG cLOSEb ( PRT CFF ( CR ~ CR
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CITY OF MERIDIAN
"Hub of 7'Feasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Customer's ----`
Order No. Date ~ 2 - l lgg(,p
Name
Address ~~
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Phone: ~~_/- ~~.. D
SOLD BY CASH C.O.D. CHARGE ' ON ACCT. MDSE. RETD. PAID OUT ~ '
y/ss
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All claims and returned goods MUST be accompanied'by this bill.
006866 TAX ~
Received ~
BY
TOTAL
I
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-- --- -
PRIMTED IN U.S.A.
~~c~' ~rir S~ D ~ ~ ` ~~
. 1~%l:S- y-1
lam: ~1 ~.~!3 38~ ;19)1i PIONEER TITLE
!. ~ tTM NT FOR TITLE INSUR :.._
~ ... nA E
PIONEER TITLE COMPANY OF ADA COUNTY (208)377.2700
SCHEDULE A
File Number: P13444t
PIONEER TITLE COMPANY
St51 W. RIFLEMAN
A7TN: KATHY COONTZ (P!-+ONE 373-3619)
CHATEAU WEST
620 AMERICANA
ATTN: JENNY AND C'r-iERYL
~OOd
t. Effective Date: OCTOBER 2a, ts9a as of 7:30 A.M
OWNBY & CO.
30 E. FRANKLIN
ATTN: DALE OWN6Y
MERIDIAN. ID
TITLE INQUIRIES SHOULD SE DIRECTED TO:.
STUART W. ROMANESCNI
SR. TITLE OFFICER
St$1 W. RIFLEMAN
BOtSE.ID 83704
2. Paiicy or Policies to be issued:
A. (X] ALTA Owner's Pofic~~, (4-6-90) (X] Standard Coverage [] Extended coverage
Proposed Insured: MICHAEL VINCENT MURASKO & MICHELLE MURASKO
8. (X] ALTA Loan Policy, (Y-s-90) [X7 Standard Coverage (] Extended coverage
Proposed Insured: GLENN E. GREEN & MAYME E. GREEN
3. The estate or interest in the land described or referred to in this Commitment and
covered herein is:
FEE SIMPt..E
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested
(n:
GLENN E. GP,EEN AND MAYABE ELLEN GaEi=N. HUS8AND AND WIFE
5. The land referred to in this Commitment is described as fiollows:
SEE SCHEDULE G
Amounts 160.000.00
Premium 5735.00
Amaunt 5130.000.00
Premium $40.00
4
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•
COMMITMENT FOR TITLE ~~ifSUff?<~~~E
SCH>=DULE B -SECT{ON I
Rte Number: P1344~4i
REQUIREMENTS
The fUilowing are the requiremEnts to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration
far the estate or interest to be insured.
Item (b) Pruper instrument(s) creating the estate or interest to he insilred must be executed and
duly filed for record. to wit:
q
.~
u ~U8
PIONEER TITLE
..,OMMITh4ENT FOR TITLE IN •,NCE
SCHEDULE B - SECTION
` Fde Number. P~34441
Schedule 6 of the policy or policies to be issued wilt contain exceptions to the following
matters unless the same are di5posecJ of to the satisfaction of the Company.
A. Defects, liens, encumbrances, adverse claims or outer matters, if any, created, tirst
appearing in the public. records, or attaching subsequent to the affective date hereof but
prior to the date the proposed Insured acquires of record for value the estate er interest
or mortgage thereon covered by this Commitment.
General Exceptiorn:
(1) Rights or claims of parties in possession not shown by the publlc records.
(2) Encroachments, overlaps. boundary line disputes, and any other matters which
would be disclosed by an accurate survey or inspection of the premises
including, but not limited to, insuificie:tt or impaired access or matters
contradictory to any survey plat shown by the public records.
(3) Easements, or claims of easements. not SEiown by the public records.
(4) Any lien, or right to a lien, for services. labor, or rzrateriai heretofore or
hereafter famished, imposed by few and not sttuwn by the public records.
(5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or m
Acts 2uthorizing the issuance thereon (c) w2lef rights, ciaims or title to
water, whether or not the matters excepted under (a). (f;) or (c) are shown by
the public records.
(6} Taxes or special assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. Prove=dings by a public agency which may
result in ta::es or assessments, or notices of such proceedings, whether or not
shown by the records of such agency ar by the publlc records.
;i ARAGRAPHS t ,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE
POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHtCN MAY BE TYPED AS A SPECSA.L EXCEPTION
IN SCHEDULE 6-SECTION 2.
C. Special Exceptians
t . ,r: ~ GENERAL TAXES FOR THE YEAR 1994, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABI. ~.
2. REAL PROPERTY TAXES WHICH MAY BE ASSESSED, LEVIED AND EXTENDED ON ANY
'SUBScOUENT AND/OR OCCUPANCY ROLL" WlTF4 RESPECT TO IMPROVEMENTS COMPIE T ED
DURING THE YF.4R WHICH ESCAPED ASSESSMENT ON THE REGULAR ASSESSMENT ROLL, WHICH
ARE NOT YET DUE AND PAYABLE.
3. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO
SPECIAL ASSESSMENTS NOW SHOW OF RECORD.
4. /LIENS AND ASSESSMENTS OF THE FOLLOWING IRRIGATION DISTRICT AND THE RIGHTS aND
POWERS THEREOF= AS PROVIDED 8Y LAW. NO OELINOUENCIES APPEAR IN THE COUNTY
RECORDER'S OFrlCE.
D15TRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-ts$a}
CONTINUED
4
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`~~~%13%9~i
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~ P134a~1
5.
1a: 22 ~~03 35-! ;1n3G PIONEER TITLE
_s
A POWER AND TELEPHONE LINE EASEMENT CONTAINING CERTAIN TERMS, CONDIT[ONS AND
PROVISIONS AFFECTING A PORTION OF SAID PREPAISES AND FOR THE PURPOSES STATED
HEREIN.
FOR: RIGHT OF WAY
IN FAVOR OF' IDAHO-OREGON LIGHT AND POWER COMPANY, A CORPORATION
RECORDED: FI=BRUARY 5, 1909
INSTRUME~IT NO.: EOOK 78 OF DEEDS AT PAGE 57
6. A POWER LINE EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS
AFFECTING A POR T ION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN.
FOR: POWER UNE EASEMENT
IN FAVOR OF: IDAHO POWER COMPANY, A CORPORATION
RECORDED: MAY 26, 1950
INSTRUMENT NO.: 302098
ENO OF EXCEPTIONS
NOTE: GENERAL TAXES FOR THE YEAR 1993, WHICH WERE LIENS, IN THE ORIGINAL SUM OF
5705.76, ARE PAID. PARCEL N0.2a2Ai 1084x9?22
NOTE: THE A80VE AMOUNT OF TAXES DOES NOT REFLECT A HOME OWNERS EXEMPTION.
ANY NEW 6UYER MUST APPLY TO THE COUNTY ASSESSOfl'S OFFICE FOR SAID EXEMPTION.
NOTE: THERE lS NO NOTICE OF RECORD ANO THEREFORE NO SEARCH HAS BEEN h,4ADE FOR
AN'f UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION
AND OTHER POSSIBLE UTILITY SERVICES.
NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS
CONCERNING THE COVERAGE OR EXClUS10NS FROM COVERAGE. THE COMPANY WILL BE
PLEASED TO PROVIDE AN EXPLANATION.
NOTE: PURSUANT TO T1~E STATi= OF IDAHO INSURANCE REGULATIONS. A CANCELLATION FEE
IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS
WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE GATE ON THE
COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR
RATE FILING Wf T H THE IDAHO DEPARTMENT OF INSURANCI=.
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PIOVEER TITLE
COMMITMENT FOR
SCHEDULE C
Fiie Number. P134~i~t1
The land referred to in this Commitment is described as fellows:
• INSURANCE
A TRACT OF LAND IN THE SOUTH t/2 OF THE SOUTHEAST t/4 OF SECTION 8, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE iV+ER;DIAN, RDA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SECTION CORNER COrnMOPJ TO SECTIONS 8, 9, t6 AND 17, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO,
THENCE NORTH 0 DEGREE 5~ EAST ALONG THE SECTION UNE, 205.00 Fi=ET TO THE REAL POINT OF
BEGINNING;
THENCE CONTINUE NORT;~ 0 DEGREE 55' EAST ALONG THE SECTION LINE, 893.00 FEET TO A POINT
ON THE SOtJ'fHERLY RIGHT OF WAY OF THE OREGON SHORT LINE E.~iANCH OF THE UNION PACIFIC
RAILROAD;
THENCE NORTH 89 DEGREES 02' WEST ALONG SAID RIGi~T OF WA'f LINE, 897.97 FEETTO A POINT;
THENCE SOUTH 0 DEGRE= 28', EAST, 1120.14 FEET TO A POINT ON THE SECTION LINE COMMON TO
SAID SECTIONS 8 AND 17;
THENCE NORTH S9 DEGREES 32' EAST ALONG THE SECTION LINE, 4ao". t 8 FEET TO A POINT;
THENCE NORTH 0 DEGREE ~5' EAST, 205.00 FEET TO A POINT;
THENCE NORTH 89 DEGREi=S 32' EAST 435.00 FcEf TO THE REAL POINT OF BEG?NNING
ExCEPT A TRACT OF LAND DESCRIBED AS.
COMMENCING AT THE SECTION COP,NER COMMON TO SECTIONS 8, 9. 16 AND t 7, TOWNSHIP 3 NGRTH,
RANGE t EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO;
THENCE NORTH 4 DEGREE S~' EAST ALONG THE SECTION LINE 498.00 FEET TO THE REAL POINT OF
6cGIiVNiNG;
THENCE CONTINUE NGRTH Q DEGREE 55' EAST ALONG THE SECTION LINE E00.00 FEET TO A POINT
ON THE SOUTHERLY RIGHT OF WAY LINE OF THE OREGON SHORT LINE BRANCH OF THE UN10N
PACIFIC RAILROAD;
T HENCc NORTH 89 DEGREES 02' WEST ALONG SAID RIGHT OF WAY LINE, 897.97 FEET TO A POINT;
THEI~lCE SOUTH 0 DEGREc 28' EAST 600 FEE~i TO A POINT, THENCE NORTH 89 DEGREES 32' EAST ANO
PARALLEL TO THE SOUTHE?LY SECTION L1NE, 834.57 FEf=T TO T HE REAL P01NT OF BEGINNING.
AND IXCEPTANY PORTIONS THEREOF LYING WITHIN THE RIGHTS OF WAY FOR EAGLE ROAD ANO/GR
FRANKLIN ROAD.
C~ O l) 3
ENO OF L1=G~.L DESCRlP7iON
•
PIU~EER TITLE
TICOR
TITLE INSIIRANCS
SUPPL~"~ri'rAL
• ~
Important
When replying r?fer to
Our Order No. P134441
'T'om : PIONEER TITLE COMPPN'Y
8151 i•1. RIFLEMAN
ATTPI : ;CATHY COONTZ (PHONE 3 7 3 - 3 619 )
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o;•~r~Y ~ ca .
3 o E . =RALVxTaIrT
ATTTT: DALE QWIVAY
MERIDIAN, 1D
CI-IATE1,U taEST
620 aMEP,ICFSTA
ATTri; JENNY AND CHERzL
Your Loan iT4
(Mort7aaar)
(Purcraser} MICHAEL VINCENT MURASKO & M_TCHI;LLE MURASKO
LEGAL: PORT. OF SW1/4 S8 3N 1E PAM, APPROY. S ACRES
This is a supplemental til.le report covering charges
since our report dated at A:M. as follows:
:{ The following informar_ion affects the title to the
property covered by nur preliminary report, but is not
intended to represent a ccu~lete report to date_
FURTHEP. SiIBJECT TO EXCEPTION N0. 7 AS FOLLOWS:
RESERVATIONS CONTAINED IN DEED
DATED: AUGUST 3, 1994
EXECUTED EY: STATE OF IDAHO, ACTING BY AND THROUGH THE IDAHO
TRANSPORTrTION BOAP.D
IN FAVOR OF: GLEr7N E. GREEN AND M:aYME E. GREEN, HUSBArTD Aim WIFE
RECORDED: h.UGUST 15, 1994
INSTRUMENT NO.: 94074961
AS FOLLOWS: A PEP,MANErIT EASEMENT TO GO UPON, OCCUPY AND USE A
PORTION OF LOT 1 OP BLOCK Z OF OLSON AND BUSH INDUSTRIAL P_~,RK
ACCORDING TO THE OFFICIAL PLAT Th~RE01~' FILED IN BOOR 4=i OF PL.~TS
AT PAGES 3581 AND 3582, P,ECORDS OF ADA COUNTY, IDAI~O, ArTD BEING A
STRIP OF LAND 10.0 FEET WIDE THE E.~STERLY SIDE OF WHIC?i IS
COINCIDENT WITH THE WESTERLY RIGHT OF wAY BOUNDARY OF STATE
HIGHWAY NO. 55 (EAGLE ROAD) PP.OJECT NO _ I~-FR-3271 (44) HIGHWAY
SURVEY AND LYING BBTWIiEN THE SOUTH AND NORTH LINES OF S?ID LOT 1,
FOR THE PURPOSE OF CONSTRUCTING AND THEREAFZ'I;R. MAINTAINING
THEREON AN IRRIGATION DITCH AI`TD FACILITIES TOGETHER WITS THE
RIGHT AND PRIVILEGE OP' INGRESS AND EGP.ESS TO AND FROM SAID
PROPERTY FOR SAID PURPOSES.
AFFECTS: PARCEL II
CONTINUED
i~/ `,~
12:~U lU~ 3Sa 993u
PIONEER TITLE
•~
THE LEGAL DESCRIPTION OF THE PROPFRT;' AS SET FORTH IN PA~..~,GRAPH
NO. 5 OF S`HEDULE A IS HEREBY AMENDED TO READ AS FGLLGWS:
m0U3
PARCEL I
A TRACT OF LAND SITUATED IN THE SOUTHEAST 1;4 OF THE SOUTHEAST
1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RFS1G1r 1 EAST, BOISE MERIDIAN,
ADA COUNTY, I?]AHO, DESCRIBED AS FOLLOWS:
COMMENCING AT A FOtTDTD BRASS CAP i~iONUMENTING T'dE PJORTHEAST CORNED.
OF THE SOUTHEAST 1/4 OF SAID SECTION 8; '
THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4, SAID
EASTERLY LINE ALSO BEING THE CENTERLINE OF EAGLE ROAD, SOUTH 00
DECREE 55'00" WEST A DISTANCE OF 2650.15 FEET TO A FOUND EP.ASS
CAP MOrIG'ME_'JTING THE SOUTI-IEAST CORNER OF SAID SECTION 8 ;
THENCE LEADING SAID EAS'I'ER.LY LINE AND ALONG THE SOUTHERLY LINE CF
SAID SOUT:..:~P.ST 1/4, SAID LINE ALSO BEING THE CENTERLINE OF
FRANKLIN ROAD, SOUTH 89 DEGREES 32'~~" TdEST A DISTANCE Or 871.18
FEET TO A SET STEEL PIN;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00 DEGREE 28'00" WEST A
DISTA~~ICE CF 204.94 FEET TO A SET STEEL PIN, SAID PIN BEING THE
POINT OF BEGINNING.
THENCZ'± NORTH 00 DEGREE 28'00" WEST A DISTANCE OF 315.11 FEET TO A
SET STEEL PZN BEING THE SOUTHWEST CORNER OF THE OLSON A1~TD BLTSII
INDUSTRIAL PARK ( A RECORDED SUBDIVISION ON FILED T_N BOOK a4 OP
PLATS, AT PAGES 3581 AND 3582);
THENCE SOL~H $9 DEGREES O1' 15" E_AS'r, ALONG THE SOUTHERLY
BOUNDARY OF SAID INDUSTPIAL PARR, A DISTFSI'CE OF 783.48 FEET TO A
FOUND STEEL PIN BEING ON SAID SOUTHERLY HOUNDARY;
THENCE SOUTH 00 DEGREE 55'00" WEST A DISTANCE OF 295.51 FEET TO A
FOUND BRASS CAP;
THENCE SOJTH 89 DEGREES 32'22" WEST A DISTANCE OF 776.10 FE?T TO
THE POINT OF BEGINNING.
PARCEL II
AN EASEMEs`JT FOR INGRESS AND EGRESS BEID7G A 55.0 FOOT ~~tiTIDE STRIP
OF LAND DESCRIBED IN THAT CERTAIN EASEMENT DATED MAY 26, 1988,
AND RECOP,2JED JUNE 27, 1988, AS INSTRUMENT NO. 830999, RECORDS OF
ADA COUNTY, IDAHO, SAID STRIP OF LAND IS IN A PORTION OF LOT 1 OF
BLOCK 2 GF OLSON AND BUSH INDUSTRIAAL PAP_Ii, ACCORDING TO T'rIE
OFFICIAL PLAT THEREOF FILED IN BOOK 44 OF PLATS AT PAGES 3531 Ai~ID
3582, RECORDS OF ADA COUNTY, IDA.uO.
TITLE IS :IOW VESTED IN HL~IRS AND DEVISEES OF GLENN E. GREEN,
DECEASED AND MAYME E. GREEN, xIS SURVIVING SPOUSE.
Dated as of the 28TH day of OCTOB R, 199? at 7:30 A.M.
By c~~~»~~
n
• •
85791500062 85791500050 85791500040
Karoly I. & Piroska Hatvani Karoly I. Hatvani Randall G. & Tanya L. Calkins
3285 E. Franklin Road 3285 E. Franklin Road 3315 E. Franklin Road
Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642
85791500075 85791500069 S1109336332
Don W. & Robin Hollingsworth Ronald W. & Charlet K. Bentzinger Franklin -Eagle Joint Venture
3300 N. Montvue Drive 3250 N. Montvue Drive 3084 Lanark Street
Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642
86510580012 6510580020 86510580030
Ronald W. Van Auker Ro W. Van Auker O.C. & C.J. Mayes Living Trust
3084 Lanark Street 3084 Lan Street 5768 N. Marcliffe Avenue
Meridian, ID 83642 Meridian, ID 42 Boise, ID 83704
86510580040 86510580050 86510580060
Allen Lee & Dainne Centers Ronald C. & Linda L. Yanke onald C. & Linda L. Yanke
3370 S. Linder Road P.O. Box 5405 P.O. 5405
Meridian, ID 83642 Boise, ID 83705 Boise, ID 8
86510580072 510580080 86510580090
Walter T. & Ruth A. Sigmont Walte & Ruth A. Sigmont ~~ ald C. & Linda L. Yanke
3817 Star Valley Street 3817 Star V Street P.O. x 5405
Boise, ID 83709 Boise, ID 83709 Boise, ID 705
86510580100 6510580110 10580120 ~
Ronald C. & Linda L. Yanke Ron C. & Linda L. Yanke Ronal Linda L. Yanke
2975 Lanark Street 2975 Lanar eet 2975 Lanark
Meridian, ID 83642 Meridian, ID 836 Meridian, ID 83642
51108449342 51108449330 08449320
James A. & Donna L. Haskin Haskin 1992 Revocable Trust Glenn en et Ux
P.O. Box 208 P.O. Box 208 3070 E. Franklin
Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642
51108449310 S1108449090 S1108449000
Glenn E. Green et Ux James B. & Mildred Barham Gerald A. & Joann C. Christy
3070 E. Franklin Road 2950 E. Franklin Road 2810 E. Franklin Road
Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642
51108449170 83273160050 83273160045
R-2 Development, Inc. Carol D. Dingwall Gary Ray & Valerie Dawn Martin
4414 Gekeler Lane 2988 Springwood Drive 3022 Springwood Drive
Boise, ID 83716 Meridian, ID 83642 Meridian, ID 83642
83273160040 83273160035 83273160030
Charles & F. Lynn Salisbury Alan W. & Diane M. Harwood Terry K. & Marjorie Shepherd
3040 Springwood Drive 3064 Springwood Drive 3076 Springwood Drive
Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642
83273160025
C. Don Juhasz
2540 S. Del Rey Lane
Meridian, ID 83642
83273160010
Jeffery A. & Sandra K. Gale
3160 Springwood Drive
Meridian, ID 83642
S1117110200
Jerald K. & Cheri L. Holloway
2975 E. Franklin Road
Meridian, ID 83642
83273160020
William N. Lampson
c/o Howell, 200 N. 4th, # 101
Boise, ID 83702
83273160006
Jeffery A. & Sandra K. Gale
3160 Springwood Drive
Meridian, ID 83642
51117110500
Alma D. & Anna A. Golightly
2805 E. Franklin Road
Meridian, ID 83642
83273160015
Michael B. & Peggy Jo Howell
3136 Springwood Drive
Meridian, ID 83642
51117110092
Onli Co.c/o Bry Behrmann Trustee
618 Carson Ave., #327
Las Vegas, NV 89101
r:
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 January 16, 1997, for the purpose of
reviewing and considering the Application of Michael and Michelle Mursako, for annexation
and zoning of approximately 5.465 of land located in the SE 1 /4 of Section 8, T.3N, R.1 E,
Boise Meridian, Ada County, Idaho, and which property is generally located North of
Franklin Road, West of Eagle Road. The Application requests a zone of I-L, Light
Industrial.
Amore 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 31st day of December, 1996.
WILLIAM G. BERG, JR., LERK
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a
public hearing at the Meridian City Hali, 33 East Idaho Street, Meridian, Idaho, at the hour
of 7:30 p.m., on March 4, 1997, for the purpose of reviewing and considering the
Application of Michael and Michelle Murasko, for annexation and zoning of approximately
5.465 of land located in the SE 1/4 of Section 8, T.3N, R.1 E, Boise Meridian, Ada County,
Idaho, and which property is generally located North of Franklin Road, West of Eagle
Road. The Application requests a zone of I-L, Light Industrial.
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 14th day of February, 1997.
WILLIAM G. BERG, JR., CI C RK
Publish February 14th and 21st, 1997
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Meridian City Council
April 15, 1997
Page 2
MOTION CARRIED: All Yea
ITEM #2: ORDINANCE #754 -ANNEXATION/ZONING TO I-UMURASKO:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE '/4
OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This ordinance is the
Michael and Michelle Murasko property. Is there anyone from the audience that would
like to have the Ordinance #754 read in its entirety? .Entertain a motion on ordinance
#754.
Rountree: Mr. Mayor, I move that we approve ordinance #754 with suspension of rules.
Tolsma: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that we accept Ordinance
#754 with suspension of rules, roll call vote?
ROLL CALL VOTE: Morrow Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #3: ORDINANCE #755 -ANNEXATION/ZONING TO I-UPROPERTIES WEST:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND
WITHIN THE NE %4 OF SECTION 18, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO; AND
PROVIDING FOR AN EFFECTIVE DATE. This is an ordinance for Mr. John Barnes
Properties West Inc. Is there anyone from the audience that would like to have
Ordinance #755 read in its entirety? Hearing none I will entertain a motion.
Rountree: Mr. Mayor, I move that we approve Ordinance #755 with suspension of rules.
Morrow. Second
Corrie: Motion by Mr. Rountree, second by Mr. Morrow that we adopt Ordinance #755
with suspension of rotes, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #4: PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A
PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST:
1 ~
~ •
f
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF
SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE. DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
9 ~ 02~~ ~?_ --
NOW, THEREFORE BE IT ORDAINED b the Ma or an ~ C__ _
' y y- -~y_
Council of the City of Meridian, Ada County, Idaho: ,•. t. _ ._ ,,,.,:-.~;;
Section 1. That the real property describedp as``/
A parcel of .land located in the Southeast -/aar ~~a/ ~ u,~
Section 8, Townshi 3 North Ran e 1 Eas~ ~'~o f
Meridian, Ada County, Idaho and being more particularly _~y~~~/e_~(j'
described as follows: ~ ~c .-~;~=-2f3D°
Commencing at the Southeast corner of Section 8, thence
North 00°55' East along the East Section line of said
Section 8 and also being the original centerline of N.
Eagle Road a distance of 498.00 feet to the point of
beginning;
Thence North 89°01'16" West along the Southerly boundary
of the Olson and Bush Industrial Park, recorded in Book
44 of Plats, Ada County, at pages 3581 and 3582 a
distance of 883.48 feet to the Southwest corner of said
Olson and Bush Industrial Park;
Thence South 00°28' East a distance of 315.11 feet to a
point;
Thence North 89°32'22" East a distance of 876.13 feet to
the East Section line of said Section 8;
Thence North 00°55' East along the Section line a
distance of 293.0 feet to the point of beginning.
is hereby annexed to the City of Meridian, and shall be zoned I-L
Light Industrial; that the annexation and zoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
ANNEBATION ORDINANCE - I-L
MICHAEL AND MICHELLE MURASRO Page 1
• •
Law as adopted by the Meridian Council on the request for
annexation and zoning and the property may only be developed under
the conditional use process.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirementss
a. That the. Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land, particularly as stated
in the Conclusions of Law, paragraph 22.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address inclusion into the
project. of the requirements of 11-9-605 of the Revised
and Compiled Ordinances of the City of Meridian and other
matters; that the property may be de-annexed if the terms
and conditions of the Development Agreement are not
satisfied.
d. .That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to
development time schedules and requirements, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. That the Applicant shall meet the requirements and
conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the City of Meridian.
Section 3 . That the City Clerk shall- cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
ANNERATION ORDINANCE - I-L
MICHAEL AND MICHELLE MURASRO Page 2
•
within ten (10) days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved/by the Mayor of the
City of Meridian, Ada County, Idaho, this ! ~ ~ day of April,
1997.
ATTEST:
- l,,'~ ..
~.w,
,~
WILLIAM G. BERG, J .
STATE OF IDAHO,)
ss.
County of Ada, )
APPROVED:
R -- ROBERT D. CORRIE
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CITY CFE ~~i~.L '
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~~
111111
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and ecrrect copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF SECTION
8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE; passed as Ordinance No.
Sg' by the City Council and Mayor of the City of Meridian, on
the ~~' day of April, 1997, as the same appears in my office.
DATED thi~,~ut~tta`~,1T- day of April, 1997.
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ANNERATION ~ . ~~•t~-L
MICHAEL AND M1~''S~LLH`'~IURAB;
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City Clerk, City o Meridian
Ada County, Idaho
Page 3
• •
STATE OF IDAHO,)
ss.
County of Ada, )
On this j.S~ day of April, 1997, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, JR. known to. me to be the person whose
name is subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
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ANNEBATION ORDINANCE - I-L
MICHAEL AND MICHELLE MtJRA8K0
Page 4
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i111eridian City Council •
April 1, 1997
Page 11
Corrie: I guess it seems like we have a fairly good consensus of what we want to do is
to have them move on with their project and we'll have the variance put together for us.
If you want to go ahead and start the
Bentley: I have one more question, on that existing 6 inch line there is no actual
obligation on that field to sewer to that line is there?
Crookston: Under our ordinance the Clark's were supposed to or should have extended
that sewer to and through their property which would have extended to their eastern
boundary which is the western boundary of CESCO's property.
Bentley: But basically what that design shows on that map that they have done that.
Crookston: That is correct but it is not a public line it is a service line.
Morrow. Mr. Mayor, I would move that we instruct the City Attorney to take the steps to
complete the development agreement, that we instruct Mr. McCreedy end his client
CESCO to immediately apply for the variance that is needed. We also instruct the City
building department to immediately begin processing of the building permits and the
plans and specifications in preparation to award a building permit to proceed upon
completion of the variance and for the staff to expedite the variance process.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, you heard the motion,
any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Crookston: I have one more question Mr. McCreedy do we have a new child?
McCreedy: (Inaudible)
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING TO I-L BY MICHAEL AND MICHELLE MURASKO:
Corrie: Counselor?
Crookston: Mr. Mayor and Councilmen, what is cleaned up I believe it is paragraph 22.
Morrow. Mr. Mayor I have a question or I guess a comment, question or comment or
both. Findings of fact do clean up the issues we were kind of concerned about. I guess
my question is this particular parcel does not have a development plan (Inaudible)
annexation and zoning (inaudible). It seems to me in the plat process or on the plat
there should be some kind of notification that there are pending issues to be dealt with
Meridian City Council
April 1, 1997
Page 12
prior to development. I don't want to see the City get into a position somewhat what
similar as memory now is beginning to serve me as the last issue and the Playground
by which we have to compromise City ordinances and City standards in order to make
(inaudible) somebody gets themselves upside down. The facts I think are that when
properties are sold folk don't see the findings of fact and conclusions of law and those
types of things. I guess that what I would like to see is some type of reasonable
notification to the public that there are issues there that have to be dealt with so that
future councils and future owners or whatever that have to deal with the issue to
develop it or at least be aware that they need to research further. I offer that (inaudible)
for discussion by the Council.
Rountree: As an additional conclusion to .the findings or looking for some other
mechanism say as note on the plat or deed restriction.
Morrow. It could be any of the above, perhaps Gary can tell us the best way to serve
notice that there are issues to be dealt with.
Smith: Mayor and Council and Councilman Morrow there. is a distinct possibility that
there would be no final plat on this piece of property that it could be developed as a
single user so there wouldn't be any requirement (End of Tape)
Morrow. Let me ask you this, Mr. Crookston if the development agreement was
(inaudible) would it show (inaudible) would someone have to receive a copy of that so
that they would become aware that there are special (inaudible)
Crookston: If it is stated in a development agreement that is to be done I am quite
certain but not absolutely certain that the title company would state that. But that is only
stated to the people that get copies of that title insurance report which would be the
prospective buyer but what they do it with it totally up to them.
Morrow: Do you have a suggestion as to the best way to serve notice that there are
specials issues with this property?
Crookston: I would say that the best thing to do is to have that in the development
agreement as to what the City wants and that the property owner must inform any
prospective buyers of their restrictions in the- development agreement. Again though it is
just like a speed limit sign. How do you, what do you do when somebody goes faster
and how do you enforce it.
Morrow. I guess my perspective the issue with the City and future councils and future
staffs is that I don't want them put in the position where they are forced to accept
something less than what the City requirements because somebody pleads they didn't
know or that it ought to be (inaudible).
Meridian City Council
April 1, 1997
Page 13
Crookston: You can put it in the development agreement that the City will not do
anything with the property until they know .that a or the prospective buyer or buyers
have been so informed.
Stiles: Mr. Mayor and Council on page 19 of the findings under paragraph 17 it states
that it is concluded that it is more appropriate for a development agreement to be
entered into when plans for development of the property are determined and therefore
as a condition of annexation a development agreement must be entered into prior to
development of the property or issuance of final plat approval. It is very hard to enter
into a development agreement when absolutely no plans are none or suggested. I think
it would probably be easier and more appropriate to have some kind of a deed
restriction.
Loveless: Keith Loveless from Loveless Engineering, my suggestion here Mr. Morrow
and Councilmen would be to put the development agreement together as we see it
today with the conditions before that are in here and that we do a deed, a (inaudible) the
Murasko's with that becoming a part of the deed, attached to the deed and then that
would always be found by any title company that research the project and vuould go out
with any title policy. Then all you have to do is basically I believe it is in there that this
development agreement has to run with the land it and can't not be removed except by
the council and 1 think that would protect the City. Due notice to any potential buyer.
Corrie: I guess Council do you want to have that redone in your findings of fact or do
you want to work with it?
Morrow. I guess from my position Mr. Mayor I feel that the findings of fact that we have
before us could be amended to incorporate the verbiage for a deed restriction and the
process to get that deed restriction through he reconveyance or whatever immediately.
Ms. Stiles accurately discussed the development agreement and the problem with the
development agreement prior to actual development. So the deed restriction appears to
me to be the best way to do it. So I would favor using these findings of fact and
conclusions but adding some short paragraph in terms of the deed restriction.
Corrie: Any comment from Council?
Rountree: I agree let's not extend this any further.
Morrow: That being the case Mr. Mayor I would like to move that we adopt and approve
these findings of fact and conclusions of law with an additional paragraph to be worked
out by the City Attorney discussing the deed restriction for the development agreement
and the reconveyance of the deed.
Bentley: Second
'` Meridian City Council ~ •
April 1, 1997
Page 14
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the findings of
fact and conclusions as amended, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Morrow. Mr. Mayor, the Meridian City Council of the City of Meridian hereby decides
that the property set forth in the application should be approved for annexation and
zoning under the conditions set forth in these findings of fact and conclusions as
amended. That if the applicant is not agreeable to these findings of fact and
conclusions as amended or is not agreeable with entering into the development
agreement and adopting covenants conditions, restrictions, deed restrictions the
property should not be annexed. There shall be no development or use whatever of the
property set forth in the application for any other than in a part of a mixed planned
development. All uses of the land must be approved under the conditional use permit
process.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma on the decision as stated,
any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow. Mr. Mayor, I would move that we instruct the City Attomey to prepare an
annexation ordinance.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to have the City Attorney
prepare an ordinance, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING TO I-L BY PROPERTIES WEST INC.:
Corrie: Council do you have those findings in front of you? I have a question, I believe
the counselor you had some changes, did we get those?
Crookston: Mr. Mayor and Council the changes were basically the same as they were
for Murasko.
Corrie: I guess they are not in this one.
MERIDIAN CITY COUNCIL MEETING: Aaril 1.1997
APPLICANT: MICHAEL ~ MICHELLE MURASKO ITEM NUMBER; 2
REQUEST: FINDINGS Of FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO I-L
AGENCY
CITY CLERK:
CITY ENGINEER:
COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY: ~ cZx~:~G~.CQ° ~'~~ ~~ C~L
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:.
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF REGLAMATION:
OTHER:
~~
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All Materials presented at public meetings shall become property of the City of Meridian.
~ ~
BEFORE THE MERIDIAN CITY COUNCIL
MICHAEL AND MICHELLE MURASRO
APPLICATION FOR ANNEBATION AND ZONING
A PORTION OF THE 3E 1/4 OF SECTION 8. TOWNSHIP
3 NORTH, RANGB 1 EAST. BOISE MERIDIAN, ADA COUNTY. IDAHO
NORTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing before the Meridian Planning and Zoning
Commission on January 16, 1997 at the hour of 7:00 o'clock p.m.,
and also for public hearing before the Meridian City Council on
March 18, 1997, both at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, a representative of the Applicants, Reith
Loveless, hereinafter referred to as the "Representative,"
appearing in person, the Planning and Zoning Commission and the
City Council of the City of Meridian both having duly considered
the .evidence and the matter makes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT
1. The notice of public hearing on the application for
annexation and zoning was published for two (2) consecutive weeks
prior to both of said public hearings, the Planning and Zoning
hearing scheduled for January 16, 1997, and the City Council
hearing scheduled for March 18, 1997, the first publication of each
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
MURASKO
• •
notice being published for fifteen (15 ) days prior to said hearing;
that the matter was duly considered at the January 16, 1997, and
March 18, 1997, hearings; 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. The property included in the application for annexation
and zoning is described in the application, and by this reference
- is incorporated herein as if set forth in full. The property is
approximately 5.46 acres in size.
3 The property is presently zoned by Ada County as RT,
Rural Transitional, and is vacant land. The Applicants request the
property be zoned I-L, Light Industrial. The Applicants have
requested the annexation and this zoning, and the application is
not at the request of the City of Meridian.
4. The property is presently vacant and the Applicants do
not presently propose a project with the property or propose a
change in the land use at this time.
5. The property is north of Franklin Road and west of Eagle
Road. The property is south of and borders an existing industrial
subdivision.
6. Ada County Highway District (ACRD) submitted comments and
requirements, all of which comments and requirements are hereby
incorporated herein as if set forth in full, and some of which are
more particularly set forth as follows. ACRD made a special
recommendation to ITD (Idaho Transportation Department) that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
MURASRO
i •
Applicants should not have any direct lot access to Eagle Road.
ACRD made several site specific requirements, which included that
there be compliance with requirements of ITD for State Highway 55
(Eagle Road) frontage; that a letter from ITD be submitted to ACHD
regarding said requirements prior to ACHD approval of the final
plat or issuance of a building permit (or other required permits),
whichever occurs first; that access to Franklin Road is restricted
within 440-feet of Eagle Road; that a driveway located a minimum of
- 440-feet from Eagle Road may be restricted to right turns in the
future if an interchange is constructed at the Franklin/Eagle Road
intersection.
7. Bruce Freckleton, Assistant t.o the City Engineer,
submitted comments which comments are incorporated herein as if set
forth in full. His comments included that the legal description
submitted with this application for Annexation and Zoning appears
to meet all of the criteria required by Meridian City Resolution
#158, and the Idaho State Tax Commission; that sanitary sewer
service to this parcel is not available at this time; that plans
have been developed by Ron Van Auker for the extension of sewer
into the area, however easements have not been obtained nor have
they obtained full plan approval; that water service for this
parcel could be from an existing main adjacent to the east of the
site in Eagle Road; that the legal description submitted with this
application places this parcel adjacent to the south of Olson &
Bush Industrial Park, approximately 270 feet from the Lanark Street
right-of-way, and approximately 170 feet north of the Franklin Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
MURASKO
•
right-of-way; that direct right-of-way access to the property from
North Eagle Road is prohibited according to Dan Cantrell, Right-Of-
Way agent with the Idaho Transportation Department; that the
Applicants have made a directive to their engineer in their
authorization to act on their behalf to "make sure that we shall
have a legal right of way off of Franklin and Lanark Street for
commercial use. There is no point in annexing if there are no
right of ways."; and that from the information provided in the
_ application, there does not appear to be any contiguous public
right-of-way other than North Eagle Road.
8. Shari Stiles, Planning and Zoning Administrator,
submitted comments which comments are incorporated herein as if set
forth in full. Her comments included that this annexation and
zoning request is in general compliance with the Meridian
Comprehensive Plan; that the parcel was part of an illegal lot
split that was made in Ada County; that the other portion of the
property was annexed as the Haskin/Green property; that the western
most parcel fronting Franklin Road was split off from this parcel,
which lies below the ridge adjacent to the Olson & Bush Industrial
Park; that an easement has been granted from Franklin Road to
access this property, and no direct access is allowed from Eagle
Road; that the site is shown on the Generalized Land Use Map of the
Meridian Comprehensive Plan as Commercial and Industrial; that this
may eventually be tied to the stub street being provided in Phase
2 of the Olson & Bush Industrial Park; that the intersection of
Eagle Road/Franklin is destined to be developed as an urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
MURASKO
•
interchange with grade-separated approaches; that access on
Franklin Road will be limited to one access a minimum of 660 feet
west of the intersection; that all ditches are to be tiled in
accordance with Meridian City Ordinance unless a variance is
granted; that landscape setbacks are required on Eagle and Franklin
Roads; that a thirty-five feet (35') setback shall be provided on
Eagle Road; that the Applicants dedicate any additional right-of-
way on Eagle Road prior to obtaining building permits/certificates
of occupancy; that Applicants furnish a copy of recorded warranty
deed for dedication of additional right-of-way prior to obtaining
building permits; that, as no use is proposed, all uses shall be
governed under the conditional use permit process, which is
particularly important because of the problems of access to the
site and aesthetics of this entrance-corridor property; that
currently, there exists only an easement from Franklin Road, and an
easement from Lanark Street; that the easement from Eagle Road
through Lanark Street was granted to the previous owners; that the
previous owners executed a quit-claim deed to the present owner for
the-Eagle Road access through property owned by Ted Sigmont; that
it is questionable whether this access is feasible for any use;
that storage units could possible be one of the few uses compatible
with such existing access; that the property will be extremely
limited in usability because of the restrictive access; that there
appears to be no legal frontage for the property; that the
application indicates the property is currently vacant, however,
there is a structure of some kind currently on the property; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
MURASRO
• •
the Applicants previously requested a building permit from Ada
County for construction of a residential unit on the property; that
it is assumed that the response to Item 15 of the application
refers to the Land Use section, pages 24 and. 25, of the
Comprehensive Plan, although the intent of this response is
unclear; and that a development agreement shall be required as a
condition of annexation and additional site requirements will be
detailed during the conditional use review process.
9. The Meridian Police Department, the Meridian Fire
Department and the Central District Health Department submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full.
10. The Nampa & Meridian Irrigation District submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full. Its comments included that its Snyder
Lateral courses through the project; that the right-of-way of the
Snyder Lateral is 40 feet, 20 feet from the center facing
downstream; that the developer must contact John P. Anderson or
Bill Henson for approval before any encroachment or change of
right-of-way occurs; that it requires a Land Use Change/Site
Development application be filed for review prior to final
platting; that all lateral and waste ways must be protected; that
all municipal surface drainage must be retained on site; that if
any surface drainage leaves the site, it must review drainage
plans; that the developer must comply with Idaho Code Section 31-
3805-; and that it recommends that irrigation water be made
FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 6.
MURASRO
•
available to all developments with the Nampa & Meridian Irrigation
District.
11. The Representative stated that their is no project for
the property; it is strictly a bare land annexation. The
Representative further stated that they have no .problems with the
comments submitted by the agencies.
12. There was a discussion between Commissioner Borup and the
Representative concerning a right-of-way access to Franklin Road.
The Representative stated that the right-of-way to Franklin Road is
a maybe dependent upon the neighbors, but he thinks in the long
term development such right-of-way access will occur. The
Representative stated that the Applicants want to proceed without
a right-of-way access to Franklin Road; that they have access to
Lanark Street via a permanent easement. The Representative
explained that the easement to Lanark Street was put together when
ITD (.Idaho Transportation Department) widened Eagle Road and ITD
purchased the easement for the property. The Representative stated
that the right-of-way to Lanark Street is 50 to 6fl feet in width,
but he would have to review his documents to recall the exact
width.
13. There was a discussion between Commissioner Oslund and
the Representative about ACHD's comments of a study for an
interchange location on Eagle Road, the Applicants' easement to
Franklin Road and the potential of the property being land locked
without access. The Representative stated that the Applicants are
not sure whether they have an access easement to Franklin, but they
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
MURASKO
•
have access to Lanark Street, and Lanark Street will not be shut
off by an interchange or improvements.
14. Ted Sigmont stated to the Commission his opposition to
the annexation of the property based upon an inability to provide
utility services to the property.
15. Dale Ownby stated to the Commission that there is a
recorded easement for the property which runs from the property
south to Franklin Road. This easement allows for any type of
utility; sewer line, water line, telephone line, electric lines;
which are needed. Mr. Ownby further stated that Mr. Sigmont was
correct that their is the easement across his property; it is not
over property of the state of Idaho.
16. Brad Miller stated to the Commission his objection to the
annexation of the property based upon an inability to access the
sewer line. Mr. Miller stated that notwithstanding the easement to
which Mr, Ownby testified allows for sewer, the sewage cannot flow
up hill and the easement across Mr. Sigmont's property is for
ingress and egress only, not for utilities. Mr. Miller further
stated his objection based upon a lack of adequate access to the
property.
17. With regard to the availability of sewer to the property,
the Representative stated that once the sewer goes down Lanark
Street and crosses Eagle Road to Mr. Van Auker's proposed project
on the east side of Eagle Road, that the Applicants would have no
problem acquiring an easement from the state of Idaho to run sewer
within the Eagle Road right-of-way; that the Applicant's will not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
MURASRO
need to use Mr. Sigmont's property. The Representative
acknowledged that sewer service is a problem until it gets down
Lanark Street.
18. There were no other comments by the public regarding this
application.
19. The property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
20. The property requested to be annexed is presently
- included within the Meridian Urban Service Planning Area (U.S.P.A.)
as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan and in the Meridian Area of Impact.
21. The property cannot presently be physically serviced with
City sewer, but water is available from an existing water main in
Eagle Road.
22. The following pertinent statements are made in the
Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic
Development ~3oal Statemeat.
1. Policies
1.1 The City of Meridian shall make every effort
to create a positive atmosphere which
encourages industrial and commercial
enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to
set aside areas where commercial and
industrial interests and activities are to
dominate.
1.3 The character, site improvements and type of
new commercial or industrial developments -•
should be harmonized with the natural
environment and respect the unique needs and
features of each area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
MURASRO
•
1.5 Strip industrial and commercial uses are not
in compliance with the Comprehensive Plan.
1.8 The City of Meridian intends to establish a
Design Review Ordinance which will foster
compatible land use and design within the
development, and with contiguous developments;
and encourage innovations in building
techniques, so that the growing demands of the
community are met, while at the same time
providing for the efficient use of such lands.
- COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19.
23. The following pertinent statements are made in the
Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES.
3.1 Industrial development within -the urban service
planning area should receive the highest priority.
3.3 Access to industrial areas from collector and local
streets will be discouraged.
3.4 Industrial uses adjacent to residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
3.6 Industrial areas should be located within proximity
to major utility, transportation and services
facilities.
3.7 Industrial uses which require the storage or the
production of explosive or hazardous materials
should not be located near residential areas, and
should conform to disposal, spill and storage
measures as outlined by the U.S. Environmental
Protection Agency.
3.8 Industrial uses which require the storage or
production of explosive or toxic materials should
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
MURASKO
•
be excluded from any area which has a potential of
flooding from natural runoff or canal breakage.
3.9 Industrial uses should be located where discharge
water can be properly ,treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive
industrial runoff water.
3.10 Industrial uses should be located where adequate
water supply and water pressure are available for
fire protection.
3.11 Zoning and development within each of the
Industrial Review Areas should be analyzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
3.12 All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the City Council or designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.
Eastern-Eagle Road Light Industrial Review Area.
3'.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
light industrial uses within the proximity of the
Idaho Foreign Trade Zone.
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements.
3.17U It is the policy of the City of Meridian to
encourage and promote light industrial
development in the Eastern Light Industrial
Review Area.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 24 - 25.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
MURASKO
•
24. In the Meridian Comprehensive Plan under TRANSPORTATION,
Franklin Road, East of Meridian Road, and Eagle Road, North of
Overland Road are designated as Principal Arterials. See
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43.
25. In the Meridian Comprehensive Plan, under COMMUNITY
DESIGN, Entryway Corridor, Franklin Road (East and West entrances)
and Eagle Road (East and West entrances) are designated gateway
arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72.
- The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following
statements under COMMUNITY DESIGN relative to entrance corridors:
Entrance Corridors Goal Statement
Promote, encourage, develop. and maintain
aesthetically-pleasing entrances to the City of Meridian.
4. Policies
4:1U Jointly plan entryway corridors to Meridian
with Nampa and Boise.
4.2U Support ACRD corridor development standards
for the entryways to the City.
4.3U Use the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered, landscaped
business or residential development on entrance
corridors.
4.4U Encourage landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73.
26. The property is included within an area designated on the
Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY
OF MERIDIAN as a Light Industrial.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
MURASRO
•
~ J
27. The requested zoning of Light Industrial (I-L) is defined
in the Zoning Ordinance at 11-2-408 B. 14. as follows:
lI-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
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.
28. That at the City Council hearing there was discussion
between the Mayor, City Councilmen, City Engineer, City Attorney,
and the Representative of the Applicant, Reith Loveless, that
pertained to annexation of land into the City and the requirements
of the City dealing with construction and placement of City sewer
and water facilities, when such facilities should be constructed,
that if such facilities are not constructed the land should not be
annexed, or if already annexed, it should be de-annexed, and which
entity, the annexation applicant, the person or entity that desired
the services, or the City, had the responsibility to pay the cost
of construction, gaining and/or paying for easements, and/or access
to and for the sewer and/or water lines.
29. That the Water and Sewer Ordinances of the City state, in
5-124, 5-124A, 5-124B, 5-140 and 7-527, 7-527A, and 7-527B, state
that it shall be the property's owner, or the owner's agent, who
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
MURASRO
•
has the responsibility to pay for the cost of the extension of
water or sewer lines and facilities, whether the extension is on
the property or outside of the property.
30. That all owners, subdividers, and/or developers, of land
in the City of Meridian have been in the past, and are now,
required to construct and place sewer and/or water lines and
facilities to serve-the land that they owned or were developing,
and pay for all cost of construction, permits, licensing, obtaining
- access or easements, and any other cost; that such construction
and/or placement of sewer and/or water lines has been required to
be done at the time that the property is developed or a use is
desired to placed on the property.
31. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS 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 Applicants' property.
2. The City of Meridian has authority to annex land pursuant
to Idaho Code, Section 50-222 and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian. The exercise of
the City's annexation authority is a legislative function.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
MURASKO
•
3. The Planning and Zoning commission has judged this
annexation and zoning application under Idaho Code Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City. Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4. All notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
- 5. The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. The land within the proposed annexation is contiguous to
the present city limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7. The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
8. Since the annexation and toning of land is a legislative
function, the City has authority to place conditions upon the
annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d. 1075 (1983).
9. The development of annexed land must meet and comply with
the Ordinances of the City of Meridian and in particular Section
11-9-616, which pertains to development time schedules and
requirements; Section 11-9-605 M., which pertains to the tiling of
ditches and waterways; and 11-9-606 14., which requires pressurized
irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
MURASRO
10. The Applicants stated no proposed use of the property;
therefore it cannot be determined if the use would be in compliance
with the Comprehensive Plan, however any uses would have to comply
with the Zoning Ordinance.
11. The City adopted the Comprehensive Plan at its meeting on
January 4, 1994, and has not amended the Zoning Ordinance to
reflect the changes made in the Comprehensive Plan. Thus, uses may
be called for or allowed in the Comprehensive Plan but the Zoning
Ordinance may not address provisions for the use. It is concluded
that upon annexation, as conditions of annexation, the City may
impose restrictions that are not otherwise contained in the current
Zoning and Subdivision and Development Ordinances.
12. The Applicants have not stated or represented their
intention as to development. It is therefore concluded, as a
condition of annexation and zoning, that any use or.development of
the property shall only be allowed under the conditional use
process.
13. It is concluded that the City could annex the property
and-zone it (I-L) Light Industrial, but once the property was zoned
(I-L) Light Industrial, the Applicants could place many different
uses on the property without additional approval from the City
other than building permits, which limits the control that the City
should have over the development and the uses of the property due
to the mandates of the Comprehensive Plan.
14. As the COMPREHENSIVE PLAN CITY OF MERIDIAN provides under
LAND USE, Eastern-Eagle Road Light Industrial Review Area in 3.14
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
MURASRO
•
and 3.16U, at page 25, that the character, site improvements and
type of light industrial developments should be harmonized with the
residential uses in the area; that land uses in the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; and that because the City should have
control over any uses that are to be placed on the land, it is
therefore concluded that development of the property shall be under
the conditional use permit process.
- 15. It is concluded that the property should be annexed and
zoned (I-L) Light Industrial, but only capable of being developed
under the conditional use permit process.
16. As a condition of annexation and the zoning of (I-L)
Light Industrial,. the Applicants shall be required to enter into a
development agreement as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address, among other things,
the following:
a. Inclusion into the development the requirements of
11-9-605;
b. Payment by the Applicants, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
c. Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
d. An impact fee, or fees, for park, police, and fire
services as determined by the City;
e. Appropriate berming and landscaping;
f. Submission and approval of any required plats;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
MURASRO
•
g. Submission and approval of individual building,
drainage, lighting, parking, and other development
plans of the property;
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Establishing the 35 foot landscaped setback
mentioned in the Comprehensive Plan and landscaping
the same;
j. Addressing the comments of the Planning Director,
Shari Stiles;
k. The sewer and water requirements;
1. Traffic plans and access into and out of any
development; and
m. Any other. items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing.
17. Section 11-2-417 D of the Meridian Zoning Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is more appropriate for a
development agreement to be entered into when plans for development.
of the property are determined, and therefore as a condition of
annexation a development agreement must be entered into prior to
development of the property or issuance of final plat approval.
18. It is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
MURASKO
• •
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact and Conclusions of Law
and if they are not met the land may be de-annexed.
19. The requirements of the Meridian City Engineer, Ada
County Highway District, Meridian Planning Administrator, Central
District Health Department, and the Nampa & Meridian Irrigation
District, shall be met and addressed in a development agreement.
20. All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled, the property shall be
subject to de-annexation.
21. Pressurized irrigation shall be installed and
constructed, and if not so done the property shall be subject to
de-annexation.
22. The Applicants shall be required to connect the property
to Meridian water and sewer,. extend the water and sewer lines ~to
serve the property, and resolve how the water and sewer mains will
serve the property, all such things at Applicant's, or their
successor's, or successors' cost; the previously mentioned water
and sewer requirements shall be performed on or before the time
that the Applicants or their successor, or successors, desire to
use the property or place a user on the property.
23. The development of the property shall be subject to and
controlled by the Zoning and Development Ordinance and the
development agreement, and it shall only be developed under the
conditional use process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
MURASKO
24. These conditions shall run with the land and bind the
Applicants and their successor or successors in interest, assigns,
heirs, executors or personal representatives.
25. With compliance of the conditions contained herein, the
annexation and zoning of the property as (I-L) Light Industrial
would be in the best interest of the City of Meridian.
26. If these. conditions of approval are not met, the property
shall not be annexed, or if already annexed, it may be de-annexed
_ by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
MURASKO
APPROVAL OF Ia'INDIN(38 OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions . !~ S ~P ~ eiz de i!J ~ G~C'F. c~'rE'.!'fi-~ car 6x~ ,
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTREE VOTED
COUNCILMAN TOLSMA VOTED
- MAYOR CORRIE (TIE BREAKER) VOTED ~-~
DECISION
The Meridian City Council of the City of Meridian hereby
decides that the property set forth in the application should be
approved for annexation and zoning under the conditions set forth
in these. Findings of Fact and Conclusions of Law; that if the
Applicant is not agreeable with ,these Findings of Fact and
Conclusions and/or is not agreeable with entering into a
development agreement and adopting covenants, conditions and
restrictions, the property should not be annexed. There shall be
no development or use whatsoever of the property set forth in the
Application for anything other than, and a part of, a Mixed Planned
Development. All uses of the land must first be approved under the
conditional use process.
MOTION:
APPROVED DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
MURASRO
Meridian City Council '~
March 18, 1997
Page 2
PROCEEDINGS AND THE AUTHORITY HELD GRANTED UNDER THIS ORDINANCE
WHICH PER IN SHALL EXPIRE 30 DAYS AFTER PUBLICATION OF THIS
ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the
audience that would like to have Ordinance #753 read in its entirety? Just for the
audience this is for a section of fence on Cherry Lane and Cherry Lane Village facing
Cherry Lane.
Crookston: Mr. Mayor: I might just comment we held it back at previous meetings and I
made some changes that relate to the cedar being no hole cedar. That is in Section 4,
paragraph 8, and I put that in the heading also. We had a question as to whether or not
it was $48,0000 or $49,000. In the resolution it is $48,000 the resolution was passed to
have the appropriate hearing for the creation of the Local Improvement District. That is
basically in section 4.
Corrie: Council, any further questions? Hearing none I will entertain a motion for
Ordinance #753.
Rountree: Mr. Mayor, I would move that we approve Ordinance #753 with suspension
of the rules.
Bentley: Second
Corrie: Motion is made by Mr. 'Rountree, second by Mr. Bentley that we adopt
Ordinance #753 with suspension of rules, any further discussion? Roll call vote
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #2: PUBLIC HEARING CONTINUED FROM MARCH 4, 1997: REQUEST FOR
ANNEXATION/ZONING TO I-L BY MICHAEL AND MICHELLE MURASKO:
Corrie: I will open the public hearing at this time and invite a representative of them to
come up.
Keith Loveless, 3330 Grace Street, Boise, was sworn by the City Attorney.
Loveless: We thank you for the time extension. We have conferred with our client,
explained the items in there that he didn't understand. We concur with the findings and
have no problems at this time with the conditions of annexation. Any questions?
Morrow: Mr. Loveless, if I have understood this correctly there is no deeded access to
this property it is an easement access is that correct?
Meridian City Council • •
March 18, 1997
Page 3
Loveless: That is correct but it is recorded, the access was cut off from Eagle Road by
the widening by ITD. ITD then acquired an easement for their use to access this
property in lieu of being able to come directly onto Eagle Road. There is another 60
foot easement that is shared by several properties to the west that come up to Franklin
Road on the west end of this property. That is also a recorded easement.
Morrow: Thank you, I have no further questions.
Rountree: Mr. Loveless, you indicated that you had no and your concerns had not
concerns for the findings of fact. I just want to make it clear that includes the comments
received from the Planning and Zoning Administrator as well.
Loveless: We understand.
Rountree: 1 have nothing else.
Corrie: Anyone else from the audience that would like to enter testimony at this time?
Seeing none, Council, questions of staff?
Morrow: Mr. Mayor, I have questions of Gary Smith or Shari, one of the two. My
question is with respect to recorded easement access as opposed to deeded and we
have deeded we have issues with curb, gutter and paving and drainage and all of those
other kinds of things that are fairly automatic or spelled out. If it is a recorded easement
such as the one that is on tTD's right of way, runs parallel to Eagle Road and then the
one that accesses Franklin Road what are the specifications for paving and curb and
gutter and those kinds of things or are there any?
Smith: Mr. Mayor and Council members, I don't think there are any specifications that
are tied to an easement. If it is a private road I don't know that there are any
specifications for construction of a road on a private in a private situation. Unless we
establish some standards through the City.
Morrow: So the easement in a sense is a private access and there are no specific
standards for that.
Smith: That is my understanding.
Crookston: Mr. Mayor, Councilman Morrow, it depends on what the easement says, if
the easement says that it is granted to Ada County Highway District or it is granted to
the Idaho Department of Transportation for use as a roadway and all necessary
improvements for a roadway then what you are talking about would be granted to the
County excuse to me ACRD or to the Idaho Department of Transportation. If that is not
included in the easement and is not in the County then the (inaudible) State could
come back and say we need some language that said we can do these improvements.
Meridian City Council • •
March 18, 1997
Page 4
Loveless: May I make a comment Mr. Morrow, I would liken these easements similar to
the Fred Meyer complex where they have sold pads within the compound and there are
no developed roads inside but they use the parking lot for ingress and egress from the
perimeter roads. They all have frontage on a public right of way as I remember the plat
but the access to them is through the Fred Meyer parking lot, those businesses within
the compound. So in this case this easement would be the central focus point as part of
the development of those properties that hold the access easement (inaudible) in which
the access easement is over. I would assume at the time since this was being put
under conditional use permit for what basically was a development agreement
(inaudible) the CU would then put the conditions on what would have to happen within
that easement for ingress and egress as I would understand the zoning then in
planning. The Franklin one here (inaudible) roadway purposes for public access and
commercial purposes. With all rights (inaudible) install and maintain and connect such
utilities not including, it goes on to list the utilities over and under the property. So I
would assume that the Council or the Planning and Zoning Commission would have the
right to set the standards for that ingress and egress at such time as the development
plans are put forth for the property is the way I would interpret that (inaudible).
Morrow. Follow up question for Shari and Gary, this is a little over a five acre parcel.
Obviously it is a candidate or (inaudible) as it goes through the process then you are
prepared to make sure by development agreement that the easements and the access
points are in fact maintained in a proper fashion and so on and so forth. The point that I
am getting at here is that I can see users down the road, 5 to 10 years all of a sudden
not being able to access the property because there is no provision for maintaining of
easement. I guess that is my concern.
Stiles: Councilman Morrow, Mayor and Council this piece will be severely limited as to
what can go in there because of this access. It is only 30 feet unless they got some
shared access with a piece of property east or west of it there is not really going to be
any commercial access to it. The only thing I can think of right now because of the
leveling that has gone on in the County as it was part of the county and whatever is
built on it now, I don't know whether any building permit or anything was received for
that building. But whoever develops it is going to have to have a pretty specific use that
knows they don't need a lot of vehicular access to that piece because it is not going to
work with a 30 feet access.
Morrow. Thank you
Smith: Mr. Mayor and Council members, I need some direction on item 22 on page 18
of the findings. It states that the applicant be required to connect the property to
Meridian city and water and sewer and resolve how the water and sewer mains will
serve the property. Right now sewer is not available, I don't know when it will be. From
looking at the property without doing any elevation work on it, it appears to me that the
Meridian City Council • •
March 18, 1997
Page 5
only way it can sewer out is through the northwest side of this property into Lanark
Street. The property owner Ted Sigmont indicated when he testified that the access
easement to this property off of Lanark that parallels Eagle Road is only ingress egress
easement, it is not a utility easement. It appears just from the eye that it would be
difficult to get to a sewer line in Eagle Road because of the difference in elevation of
Eagle Road and this property and the depth that the sewer would be when it crosses
Eagle Road at Lanark. But this statement #22 shows up on findings on most every
annexation. I guess 1 would like some direction as to what it means specifically what it
means. Does this mean that the applicant, am I reading this to say that the applicant is
required to connect this property now or some time in the future or what does it mean?
Crookston: I assume you are talking to the person that writes these findings. That is
correct Gary the intent of this is that the property be connected to sewer and water
because in the findings of fact it states that sewer and water is available which would
mean it would have to be within 300 feet of the property and they would have to
connect to it.
Smith: Well water is within 300 feet, sewer is not.
Crookston: They would have to connect to water right now or when they had any use
on the property.
Smith: Well when they have a use they will have to connect to the sewer unless Central
District Health Department gives them approval for an on site disposal system. On
single family units it is done sometimes but on a commercial venture they won't.
Crookston: To my understanding that is very correct.
Smith: So does this statement need to be amended in some fashion then? Or does it
have to do when development takes place?
Crookston: Well I don't believe we require connection to sewer or water unless there is
development, unless there is a use that would use that sewer or water, do we Gary?
Smith: No, but it just says the applicant's and that is referring to Murasko as I
understand it. If they sell the property to someone else then for development.
Crookston: Section 24 says these conditions shall run with the land and bind the
applicant's and their successors, interests, assigns, heirs, executors or personal
representatives. So it is binding upon any person that purchases the property.
Morrow. Mr. Mayor, I have a follow up question, on that same issue item #26 says
these conditions (inaudible) if already annexed shall be de-annexed. The concern that I
have here with respect to the City's is that if we annex this property knowing that sewer
Meridian City Council • •
March 18, 1997
Page 6
is not readily available (inaudible) that is currently holding up that entire line, my
concern is let's for discussion say that we don't have that section of line in and they
have a (inaudible) build or develop and come to the City and say we want the sewer.
What is the City's position and what exposure do we have in that particular case
because A there is not sewer available. If there is not sewer available does that mean
that it deannexes or does that mean that (inaudible) to force sewer trunk lines to be put
in and services extended. And then I guess the question is if Mr. Sigmont is not willing
to sewer through his easement where does the property owner come to the City and try
to force that action? That is what I am concerned about the long term issue here. I am
not concerned about today, I am concerned about when this property develops under
these conditions us knowing that it can be severed at the present time.
Corrie: It sounds like a legal question Mr. Counselor.
Crookston: If an owner did not do anything with this property in regards to
development of sewer or water but the property needed to be passed through with
sewer and water the City may have to condemn the right of way to place that sewer and
water. If that is the only route by which it can go then if that. let's say that the city has
found a route to go around the property and then two years later that property owner
that had refused to put in sewer and water he can get it but he may not get the capacity
that he might need. He may get a service line but he is not going to get a trunk line.
That is a question that would have to be answered by this Council and Mayor.
Loveless: I just wanted to say that we are aware that the Sewer is not there and that
there are problems with the property owner to get the trunk. The only thing I wanted to
address was that there was a question about how we get form this property to the trunk
(inaudible) easement which is going to be surface only. The solution to that is one that
I have used before since Eagle Road is a state right of way for $99 permit fee I can run
a sewer line within their right of way. I can get permission for a private sewer line
within a public right of way if it comes to that, I researched that one out several times.
We are not land locked in that manner in that the State Highway Department will issue
us a private permit to bring utilities up to their right of way to our property even if they
are not owned by the City.
Corrie: Does that give you any answers to your question Mr. Morrow or are you still
confused?
Morrow: Well I will always be confused.
Smith: Mr. Mayor and Council members, what Keith is saying on the sewer line is
correct, you can get a permit in the right of way. What I am concerned about is the
elevation difference in what the sewer line would be in either Lanark or Eagle Road and
bringing the sewer to this property. I am concerned that you can't get there by gravity.
Meridian City Council • •
March 18, 1997
Page 7
Loveless: Well, we are higher than Lanark.
Smith: Not if you sit in your car at the intersection of Lanark and Eagle and look across
there, it doesn't look like it. There is quite a drop there off of Eagle Road. But that
would need to be determined by field elevations.
Loveless: My estimation of looking at it, unless you are running a 3 foot sewer in
Lanark it is going to be a down hill run.
Smith: In Eagle Road (inaudible)
Loveless: (Inaudible) I think what is deceiving is the way they have cut the barrow ditch
not (inaudible) and there may be some design modifications to the road (inaudible). I
have looked at it a couple of times as I have been up and down. I have done projects
on either side of the railroad tracks there and up above (inaudible) I don't know what
the (inaudible). I really don't believe it is a problem. Worst case scenario wouldn't be
the first house on the block (inaudible) wouldn't be a multi-user (inaudible) I think the
property is going to be a single user.
Smith: Well around here I don't know too many ejector pumps in Meridian, we have
some lift stations.
Loveless: I'll tell you it wouldn't be the first one I have ever done.
Smith: But not in that neighborhood.
Loveless: If that becomes the only solution, there are solutions to the problem.
Smith: Mr. Mayor, getting back to Councilman Morrov~s question, I don't think t
understood Wayne's response as far as is the City responsible to extend a sewer line if
this applicant comes in with a request to develop that property and sewer is not
available.
Crookston: Not the owner of this property but the owner of an adjacent property that
needs to go through the Mursako property to get service. The only way the City can put
lines through the property that did not allow us to come through is to condemn it.
Smith: I understand that, but the service for this property would not be though another
piece of property, it would be to a sewer line in a public right of way, that is to be built
by others. So if we annex, if the City of Meridian annexes this property does it create
any liability for us to build a sewer to it?
Crookston; Not unless there is some restriction about going through another property
owners land for which we might have to condemn that property to get access to run
Meridian City Council • •
March 18, 1997
Page 8
sewer and water to the Mursako property. The City may be out some cost to do that,
that is correct. I think the cost is something that would have to come up in the
(inaudible) would be the cost issue would be for that person, the developer of that
property. If we have condemn to get to it that is a cost of constructing a line to provide
service, I don't think that is too much different than when any property owner refuses to
allow the City to go through their property.
Smith: I understand that process Wayne, but what I am concerned about if this
applicant or future owners of this property decide they want to build and you are
probably answering the question and I am not grasping it, but can they require the City
to extend the sewer line from where it exists in Gemtone Park right now to that property
to serve this piece?
Crookston: I believe if they are annexed yes they could.
Smith: Thank you
Loveless: You are already committed to that sewer line because you have annexed
property now that doesn't have sewer. If those people wanted to build or rebuild
something different you are under the same scenario they are not going to be able to
have the septic. What I see here happening is if you continue to annex in this area
which seems to be the goal of the city's master plan at some time or the other the City
may or may not have to exercise their imminent domain and force that easement for
that sewer main to service that area. I mean if the City truly wants to include this area
in their within the City which it appears because you already have annexed property
adjacent to this property. Sometime a line is going to have to probably be drawn in the
sand and somebody is going to push and shove until that sewer line gets through there
and whether the private parties band together and take that party to court or the City
uses their powers to bring that easement to be. It will happen probably, but right now
because there is no push for major development on what the City has already annexed
or something new it is lying dormant because nobody is pushing the issue. But that
issue can be pushed at any time even under the situation that you have out there now.
Crookston: Mr. Mayor, if the property has been annexed within I would say the last 5 to
6 years the findings have the same type of language in them that say they have to
connect to the sewer and water and resolve how the water and sewer mains will serve
this property. It is the same kind of thing that we have done for all annexations that we
have done in the recent past. So that, the property if it is has been annexed they have
to put in the sewer and water to service their property, 1 don't think that (inaudible) have
to provide service or pay for that service when we have it has part of our findings of fact
and conclusions of law for that annexation (inaudible) you have to do it the property
owner. The only point that I am raising is if some property has not been annexed then
we may have some problems.
Meridian City Council • •
March 18, 1997
Page 9
Loveless: I don't know where that property is in or out. We understand, our
understanding is that if we develop we have to have those services connected to the
parcel otherwise we can't do anything with the property except what it is doing sitting
there now. Without the annexation we really don't have the option then for the sewer
because we don't have any, there is no, we are not part of the City we are outside the
City asking for city services. In this particular case if a buyer were to come along and
want to develop and we have a little more reason to, we have the reasons we want to
develop. We have the ability to (inaudible) those are the conditions as we understand
them as written. We understand that they are not at our front door today and there is no
commitment by the city verbally or written form as to when that may occur and we
understand that point.
Crookston: Did you understand what I said Gary?
Smith: Yes, I know that the conditions of annexation for the past several years have
included this statement. It is also included the #26 statement that if these conditions of
approval are not met that the property is subject to deannexation. I think we have got
property out there right now that is subject to de-annexation because the conditions are
not being met and I don't know when they are going to be met. Unless the City forces a
sewer line as Mr. Loveless has said, if the City forces a sewer line, declares imminent
domain on the easements and pushes the thing through then the sewer is there. But
right now it is not there and I don't know when it is going to be there and the conditions
of the annexation are not being met. I don't know if there is any particular time line on
those but things aren't happening. I just don't want to see the City get into a position
where we end up building a sewer line because somebody forces the issue and there is
nothing in the findings of fact that declares the City is not going to build a sewer line or
not going to be responsible to build a sewer line unless there is some secondary
agreement perhaps.
Crookston: I would have to say that I believe that under all of our annexation
ordinances and all of the findings of fact and conclusions of law that we have prepared
for those annexations had this language in it and I believe that in essence what we
have is an agreement between the City and any person that applied for annexation that
they will do those things. I have not had a case like that and I have not read a case like
that but I think that is a fairly good position for the City to take. Had you not been willing
to do this the City would not have been willing to annex you.
Loveless: I think that statement gives the party who is being annexed or requests
annexation an out that such that sewer and water cannot be brought to the property it
gives them a reason to ask to be de-annexed because we can't meet the conditions.
And that is the primary conditions that need to be met are sewer and water. If you didn't
have that in there it would be tougher for us to be de-annexed but this gives the City an
immediate reason to de-annex us because we cannot comply with the conditions.
Meridian City Council ~ •
March 18, 1997
Page 10
Crookston: That is correct, I will say though because the property is not annexed does
not mean that the City cannot condemn that property.
Loveless: I understand that, this property is not in the line of any known sewer mains.
What I am saying is that I think that statement can work two ways. If the City decides in
the future that there is no way that they are going to be able to ever service this area
they can deannex it and no longer have to provide the services that they are providing
at this time to that area, mainly would be police protection basically right now because
there are no other services available. I think we are totally cognizant of the fact that
sewer is not available and it is not up to the City to bring it to our front door. In getting
it to our front door and the negotiations the City may become party to it only because of
the powers they have to extend their line.
Corrie: I guess if I might interject I think that is your question, to become a party to it, do
we have to do it, would be reliable to put that sewer line in. What I am hearing from you
is we don't, is that correct we are not liable for it?
Crookston: I don't believe that we have to run it to their property as if we have to go
through a parcel of property to get the other side of the lake then we may have to. But if
we have another route to get there we do not have to cross that property, I mean the
property that is giving us a problem and going through their property.
Corrie: Mr. Rountree?
Rountree: I don't know how many times we have to circle the wagons on this but it
seems to me a couple words in paragraph 22 would take care of the problem that Gary
has identified. I would suggest change the wording of that that the applicant will be
required at development to connect the property to Meridian Water and sewer and be
responsible for all cost to resolve how the water and sewer mains will serve the
property. Does that clarify the intent of that paragraph Gary?
Smith: I will leave it up to Mr. Crookston
Crookston: I think that I would agree that it does but I would like to read it and read the
minutes and see what that says. But I believe that you are very much correct.
Loveless We have no problem with that change Mr. Rountree, Mr. Mayor.
Corrie: Council can certainly put that in there if they so desire. Anybody else from the
public at this time? Hearing none I will close the public hearing, Council discussions?
Morrow. Mr. Mayor I think that I would like, the findings of fact and conclusions as
written I can't support for the reasons that it is not covering the issues that we talked
about. Very candidly one of the things that I don't want to see us as a Council do or
Meridian City Council
March 18, 1997
Page 11
future councils is to put the City in the point of a gray area. At a point of annexation I
think we can define within the findings of fact and conclusions the issues that we talked
about the simply changes in verbiage that Councilman Rountree has talked about with
a little bit of enhancement can cover those issues with respect to sewer and water so
that anybody reading these documents whether it would be future City councils, future
City staff, future buyers are totally aware of what this Council and this development
team intended to happen. I want to see that language cleaned up and put together in a
fashion so that it is clear in everybody's mind and address the issue of water, sewer,
utilities, the easement accesses and the maintenance of those and so on and so forth.
So my preference would be that we request new findings to be rewritten so that those
things are inclusive. If the Council's desire is to go forward with these findings of fact
and conclusions as written then I will vote in opposition to that. That is my discussion.
Corrie: Further discussion Mr. Rountree?
Rountree: I think that is reasonable, there are several items in here that are kind of
gray particularly the access. I would concur that we ought to have them re-written to
reflect that and clear up those issues.
Tolsma: Mayor, I concur in that also.
Corrie: I will entertain a motion to that effect.
Morrow. That being the case Mr. Mayor I would move that we instruct the City Attorney
to prepare new findings of fact and conclusions for the annexation and zoning to 1-L as
requested by Michael and Michelle Murasko.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to instruct the City Attorney
to draw up new findings of fact and conclusions of law for the annexation and zoning to
I-L by Michael and Michelle Murasko, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #3: PUBLIC HEARING CONTINUED FROM MARCH 4, 1997: REQUEST FOR
ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST INC.:
Corrie: At this time I will open the public hearing and invite Mr. Lee.
Gary Lee, 250 S. Beechwood, Boise, was sworn by the City Attorney.
~ ".
Meridian City Council
March 4, 1997
Page 21
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING TO I-L BY
MICHAEL AND MICHELLE MURASKO:
Corrie: I will invite the representative to come forward.
Keith Loveless, 3330 Grace Street, Boise, was sworn by the City Attorney.
Loveless: At this time I request that this item be deferred to the next available City
Council meeting. My client is out of state and our only conversations are by telephone
and we are having a hard time explaining to him the development agreement and all of
the conditions and coming to terms. So I need some more time to discuss it with my
client.
Morrow. Mr. Loveless, would the 18th of March be sufficient or would you prefer the 1 ~
of April?
Loveless: He was willing to get it done within the next week but I have had to push him,
so 2 weeks is fine.
Corrie: Any further questions? Anybody else from the public that would like to issue
testimony at this time? We will continue it to the March 18th I am sure.
James Morham, 2950 Franklin Road, Meridian, was sworn by the City Attorney.
Morham: I am the next door neighbor to this property on the east side of, well his
property is on the east side of my property. I have no objections that this be rezoned
and annexed to the City. I can see that it will not hinder me in any way or my property
and will not be a detriment to it. Therefore I would request that the City Council do
approve this when the time comes.
Corrie: Thank you, any further comment or testimony from the public? Council, I will
close the public hearing and
Rountree: No leave it .open.
Corrie: I will leave it open.
Rountree: Mr. Mayor, I move that we continue the public hearing on this item until our
next regularly scheduled meeting March 18tH
Morrow. Second
Meridian City Council
March 4, 1997
Page 22
Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we continue the
public hearing request for this annexation, all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE BREAK
ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L
BY PROPERTIES WEST INC.:
Corrie: At this time I will open the public hearing and ask the representative of
Properties West to speak first.
Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney.
Lee: I am the representative for Properties West on this application before you this
evening. We also have a second
Morrow: I am sorry Mr. Mayor I am in error here, I have done business and purchased
lots from Mr. Barnes the last one was probably 3 years ago. I do need to ask the
Council if there is the perception of a conflict of interest there and if so If I need to
stand down during this hearing.
Corrie: Mr. Morrow, you are not involved in this particular piece of property are you?
Morrow. In no way, shape or form, but I have been involved in prior business
(inaudible).
Rountree: Did you get a good deal?
Morrow. I paid through the nose.
Rountree: I don't see a conflict
Corrie: Mr. Morrow you can stay.
Lee: As I was saying, of course the first hearing tonight is for the annexation and
zoning and the second hearing is for the preliminary plat is being submitted. I will
probably go through this presentation and speak to both issues and they generally
come up during the discussions. I will be glad to go over any points you may have.
Again the applicant is Properties West, the project is a 26 acre piece of land situated
on Franklin Road west of Locust Grove. We are seeking an annexation and zoning of I-
Lwhich is light industrial. The project will consist of 18 business lots, buildable lots
along with 5 common lots that will be held in common ownership by the business
~~
MERIDIAN CITY COUNCIL MEETING: March 4.1997
APPLICANT: MICHAEL S MICHELLE MURASKO ITEM NUMBER; 10
REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION20NING TO 1-L
AGENCY COMMENTS
CITY CLERK: P ~ Z MINUTES FROM 1-16-97
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
"REVIEWED"
SEE ATTACHED COMMENTS
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:
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
y~
~+
6
~/
BUREAU OF RECLAMATION:
1"rG~~~'r"'/
~~
~N~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
•
Meridian Planning 8~ Zoning Commission
January 16, 1997
Page 16
Commission and the City Council you have to live with that 1600 square foot mandatory
requirement of the ordinance under which is was annexed.
Johnson: Thank you Wayne, we have. a motion and a second, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Crookston: Mr. Chairman, I didn't catch that you tabled that to a date certain, plus you
didn't have any indication if it is tabled it should be set to a date certain at a minimum.
Johnson: That is correct, we need a motion to amend that motion.
Oslund: Mr. Chairman I would like to make a motion to amend the motion, I would like
to amend the motion to include a date certain of March 11, 1997.
MacCoy: Second
Johnson: Motion and a second, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: PUBLIC HEARING: RE WEST OF EAGLE ROADABD MICHAEL AND
NORTH OF FRANKLIN ROAD,
MICHELLE MURSAKO:
Johnson: I will now open the public hearing and invite the applicant or a representative
of the applicant to address the Commission.
Keith Loveless, 3330 Grace Street, Boise, was sworn by the City Attorney.
Loveless: (Inaudible) staff report, we have no project, this is strictly a bare land
annexation. It is within the zone, in your master plan, adjacent to City land. With the
comments from all agencies we have had no problems with. Unless there are some
questions we really don't have any problems with what has been laid upon us by all of
the other agencies at this time.
Johnson: Thank you Keith, any questions of Mr. Loveless?
Borup: I have a couple Mr. Chairman, it looks like you do have a right of way to Franklin
is that corrector an option on a right of way?
Loveless: That is a maybe, that one comes and goes depending on the neighbors. But
I think probably in the long term development it will occur.
Meridian Plannin & Zoni~ Commission •
9 9
January 16, 1997
Page 17
Borup: The applicant still wants to proceed even without that?
Loveless: Yes, we have access to Lanark. via permanent easement.
Borup: Which was my other question, the easement to Lanark is right adjoining the
road right of way, is that correct, the plat was not real clear.
Loveless: That is correct, that easement was put together when ITD widened Eagle
Road. That was the result of the widening of the roadway and ITD purchasing this
easement for this particular piece of property.
Borup: Then the question I had was they are talking about, are they talking about an
additional widening there of another, or, they are not talking about taking more right of
way then?
Loveless: No, not to our knowledge at this time. They have a lot of right of way that is
unused in that area yet for widening the intersection.
Borup: There was a staff comment about dedicating any additional right of way.
Loveless: None has been requested. ITD doesn't .generally take dedications, they
purchase all of their right of way.
Borup: Staff comment said that there was currently some kind of structure on the
property.
Loveless: It is out in the middle, it looks like some stacks of something, I have not even
gone an the property to try and figure out wha# they are.
Borup: It is not something that is being used?
Loveless: Not to my knowledge it is not being used. tt is something that has been left
there, it was there when I was requested by these people that moved bads out of Idaho
reverse migration to the coast. So what we are looking at here is basically getting it
under one jurisdiction instead of two for that type of zoning and what would go on there
and be satisfactory to the City of Meridian.
Borup: Do you know what that, the right of way to Lanark, what the width of that is?
Loveless: Our easement?
Borup: Well yes; is that what it is?
Meridian Planning & Zo~ Commission
January 16, 1997
Page 18
Loveless:. Yes, it is an easement.
Borup: Do you know?
Loveless: It is 50 or 60 feet. I would have to look at my documents here to tell you
exactly, I could if you want me to take the time to find the paper.
Borup: That is fine, it leaves the other question, did you receive a copy of staff
comments, you may not have gotten those, they were just the 14th
Johnson: They are dated today from Shari Stiles.
Borup: There is discussion there on a landscaping set back on Eagle, I just wonder if
there is a conflict between that and the (inaudible)
Loveless: Which item number sir?
Borup: Item #5
Loveless: We are not in disagreement with anything that has been put on it to date.
These people just want to sell their property and the only way they think they can sell it
is to get it into the City of Meridian and zoned so they don't have to deal with two
agencies again. We are in your impact area and we would have to do a double
application.
Borup: I have a question for staff then, Shari, the landscaping set back would that be
on the portion to the south? It just looked to me like there was a conflict between
access onto Lanark and the landscaping easement both at the same location. Did you
have reference just to that area, perhaps to the south of there that is possible to do?
Loveless: There would be no way to do 35 feet up in the northeast comer because that
is where we have to bring the road in.
Borup: That was my question, my point.
Loveless: Now I understand what you are hitting at.
Borup: You still have something that could be worked around just have an access and
then the road way
Loveless: We have another problem in there and the people in that corner have leased
a spot for a billboard sign within our easement. That is a problem (inaudible) it is not a
matter for your concern.
Meridian Plannin & Zoni~Commission
9 9
January 16, 1997
Page 19
Borup: Then staff comments would be the landscaping after the access entrance in
from (inaudible)
Stiles: They could change the direction once it gets into the property.
Borup: Okay, t am straight now.
Loveless: I believe we can live with that sir.
Johnson: Any other questions of Mr. Loveless?
Oslund: I have one, in the ACRD comments they talk about a study that is being
conducted currently that is looking at interchange locations, future interchange
locations on Eagle Road. One of those locations is Franklin and Eagle. Have they
indicated anything to you about the status of your easement on Eagle Road. That
easement is from the State to you and it is within their right of way right?
Loveless: Eagle Road is their right of way.
Oslund: Right, ACHD goes on to also say that the applicant has indicated they have an
easement from the parcel to the north for access to Franklin Road, but you are saying
that you don't really have it.
Loveless: We have it, in fact we even have, I have a letter here signed by, back in
August of 1996 from Mr. Sale acknowledging our easement at that time.
Oslund: The easement to Franklin Road?
Loveless: No the easement to Lanark.
Oslund: Yes, that one I am not
Loveless: The easement to Franklin Road has we think been taken out, the attorney
has not been able to trace it all they way out because it is dependent upon an
agreement with about four parties. It seems it is hard to trace to see what its current
status is. Right now we are not sure that we have an easement to Franklin, we may
have and we ,may not.
Oslund: The only reason I am asking this is because without that access to Franklin if
there is an interchange someday this, whatever gets built in there is going to be totally
locked in without access.
Loveless: Well we have access to Lanark and Lanark will not be shut off by any
interchange, any improvements to that existing corner.
Meridian Plannin & Zon~g Commission •
9
January 16, 1997
Page 20
Oslund: Except your easement may.
Loveless: Well if they buy the easement they have to buy us access or they buy out the
whole piece of property and change the whole configuration. They can't land lock us.
Oslund: That is really not an issue for now
Loveless: It is a potential issue but that could be five years, that could be 30 years
from now.
Oslund: Right, but ACHD's comment just makes it sound that (inaudible) the applicant
has indicated that they have an easement to Franklin.
Loveless: We believe we do but we can't verify it. The attorney is still trying to do that.
Oslund: That is all 1 have.
Johnson: Thank you, .anyone from the public or anyone else like to address the
Commission on this application?
Ted Sigmont, 3817 Star Valley, Boise, was sworn by the City Attorney.
Sigmont: I am the owner of the property to the north where the easement is located. It
is a 55 foot wide ingress egress easement, it is not a right of way of any sort. It runs
parallel with the Eagle Road highway. Being as we elaborated as long as we did here
a few minutes ago. I made a note here real quick that talking with Larry Sale, I really
don't know who Loveless has been talking to but talking to Larry Sale there will never
ever be an interchange, an ingress, the easement the 55 foot wide easement going in
through there, they have that easement. But to run a commercial business of any sort
off of that piece of property according to Larry Sale that will never happen parallel to
the intersection of Lanark and Eagle Road. So 1 don't know how they plan on, I brought
that to Murasko, the applicant's attention when he bought the property that he needed
to get right up there with the other owners that he bought from and obtain an access a
deeded right of way access to Franklin Road at the time he purchased the property. He
went up there and did as I am hearing now, I am not even sure if he has an easement.
I thought he did. I kept telling him that you really need to get a deeded easement up
there, Franklin is your access road. for any commercial development on this piece of
property. I don't know why he has having trouble getting it but he is apparently having
trouble getting it. I don't know how he is going to get sewer to the property, that is one
of the utilities. There is water, you mentioned water on Eagle Road, there is water up
towards Lanark. I guess there is some way you can get down through the highway
department's property to get water to the property I guess. Yes there was a shack built
on the property of which this guy lived in all the time he was in Boise here. He has a
• •
Meridian Planning & Zoning Commission
January 16, 1997
Page 21
makeshift septic system on the deal there or whatever he has done. To my knowledge
he has never had a permit to do this and while we are talking about it I would like to see
the structure removed. It is a pretty ugly looking piece sitting there on the property. I
guess that pretty well sums up the notes I have on here. I guess, do you have any
questions for me?
Borup: Just one Mr. Chairman, you mentioned some clarification things, have you got
any concerns with the annexation?
Sigmont: Well one thing will start leading to the other. I just wonder how you can annex
it if you don't have access to utilities is really what I am worried about. And a right of
way, a deeded right of way. You have an easement, it allows you to get on the property
back and forth. But I don't know without a deeded right of way if it is a land locked piece
of property. I don't know what your ordinances say you can do. If I can't stop it, right
now I am opposed to it because there is no way to run, one thing lead starts leading to
the other and you can't run a commercial business out of there at this point in time until,
to have legal access. And right now there is not (inaudible).
Borup: The staff report. said ITD said that the easement is in their right of way.
Sigmont: No, the easement is in my right of way.
Borup: Your comments conflict with the Idaho Transportation Department then, they
thing it is their.
Sigmont: The property is my property, the easement goes across my property what
Shari, 35 feet she is requesting for landscaping on there, that was a good question
because I don't know if that eats up 35 feet of that and it vwuld only leave you 20 feet
left. There are major problems with that. I am the one that pays the taxes on the
property if that is answering your question.
Borup: Thank you
Johnson: Thank you very much, anyone else?
Dale Ownby, 1824 South Sportsman Way, Meridian, was swum by the City Attorney.
Ownby: Mr. Chairman and Commission members I didn't come here to speak on this
tonight I just happened to be here. I can tell you without a shadow of a doubt there is a
recorded 60 foot easement from the subject property south to Franklin Road. I was
involved in representing Mrs. Green on this property and I can assure that there is a 60
foot easement there. The easement calls for any type of sewer line, water line,
telephone line, electric lines, any type of utilities that need to go across that property. It
needs to go across the 60 feet back to the subject property. Mr. Sigmont is correct the
Meridian Planning & Zoning Commission
January 16, 1997
Page 22
55 foot easement is on his deeded property. It is not on the State property. Any
questions?
Johnson: You will stake your 10 handicap on that right?
Ownby: Right
Johnson: Thanks Dale, thanks for the input.
Brad Miller, 3084 East Lanark, Meridian, was sworn by the City Attorney.
Miller: My name is Brad Miller, I work for Ron Van Auker, we own a number of parcels
on that street there. It is interesting, I appreciate what the previous gentleman said
about having a utility easement that goes up to Franklin. Unfortunately I don't think the
sewer line is going to run down Lanark and I don't think they have found a way to get
the stuff that flows down the sewer line to flow up hill. So there is no way for him to
access the sewer line I the future because Mr. Sigmont's easement with him is for
ingress and egress only not for Utility lines.. So there are some real problems with this
parcel, it is a land locked parcel. It is a parcel that doesn't have access to sewer and
frankly Mr. Murasko has shown blatant disregard to the adjoining property owners and
to the various jurisdictions in town. You should talk to the irrigation people about what
he did there and how they had to go in and correct the irrigation problem that he
caused to the tune of about $15,000. So Mr. Murasko has built a residential unit there
where he resided when he was in town. It is a classic example of a gentleman coming
from California thinking he is going to make a killing here in Idaho and he went back to
California with his tail between his legs. So, I think you ought to seriously consider this
parcel because it could be a problem parcel. You build a building on there, you have
poor access if any access to it and there is no way you can have a facility that would
have truck traffic to it because you don't have adequate access to it. I think you ought
to consider it because it could really become a problem with the access and other
considerations. Thank you.
Borup: Question of somebody, does everyone understand that this is just a request for
annexation, they are not asking for any type of development or anything at this point.
Are you saying that you are opposed to this being a part of Meridian?
Miller: I don't know if I am opposed to it being a part of Meridian but there will obviously
it is annexed -and zoned there will be a request to put some sort of building on there
and 1 think that you ought to be careful. It is not a real nice piece of land and I don't
(inaudible) viable project on there.
Borup: At this point it is just speculation as far as what would happen in there.
Miller: Absolutely, I don't know what you could put in there.
Meridian Plannin & Zo' Commission
9 9
January 16, 1997
Page 23
Oslund: I would just like to add that in the past there has been these kind of questions
have been asked at the annexation and I think this is a good time to do it. Quite frankly
I think with a parcel that looks or appears at least what we have seen tonight to have
some of the problems it does I 'am in favor with dealing with those problems before we
annex it into the City. After we annex it, it is very difficx,Jlt to tum around and in fact the
City has never deannexed a piece of property. I think this is the time to do it.
Johnson: Anyone else from the public that would like to address the Commission?
Loveless: As to sewer, once sewer goes down Lanark Street and crosses Eagle Road
to Mr. Van Auker's proposed project on the east side of Eagle Road that we know
about. There is no problem with acquiring an easement from the State of Idaho to run
sewer within the Eagle Road right of way, we don't have to use Mr. Sigmont's property.
The City of Meridian can get the easement for nothing by filling out a four page form,
my parting can get it for $100 the last time I checked for filling out the same form. So
that is a moot point. I find Mr. Van Auker's agents testimony tonight rather interesting
because they have been contacting our Realtor telling us all of our bad problems and
how cheap the property should be and if they want to sell it at that call us. So I find it a
rather interesting scenario here tonight. I would, sewer access down. the right of way is
not a problem. I filled out a permit for a mile and a half in Idaho City at one time for a
private party. So it is not a problem , to get there, it is a problem until it gets down
Lanark we understand that. My client is aware and the Realtor is aware that sewer is
not there, it is not being marketed as being there. It is being marketed with all of the
problems that one sees and all of that is being revealed to these people. What we are
trying to do is put it under full jurisdiction of the City of Meridian and not the County and
the City. We are adjacent to the City now, we are not hop skipping around. I think your
fears about trying to solve some of these problems at this level is moot until something
happens with the whole comer up there and I don't think anything is going to happen
on this piece of land until all the parcels there on that comer get usurped by one
developer and something happens but this is a start ff other people aren't ready you
have to take it one step at a time.
Johnson: Thank you, anyone like to issue a comment before we close the public
hearing? Seeing no one then I will close the public hearing at this time.
MacCoy: Mr. Chairman, I move we have the Counsel prepare findings of fact and
conclusions of law for this project.
Oslund: Second
Johnson: Motion with a second to have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
eridian Plannin & Zoni~ Commission •
M 9 9
January 16, 1997
Page 24
MOTION CARRIED: All Yea
ITEM #3: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
CHILD CARE CENTER FOR 12+ CHILDREN AT 1302 EAST FIRST STREET BY
RAYMOND CHACE:
Johnson: I will now open this pubic hearing and invite the applicant or the
representative of the applicant to address the Commission.
Raymond Chace, 586 W. Criterion, Meridian, was swum by the City Attorney.
Chace: We have put in an offer to purchase the property at 1302 E. First Street, City of
Meridian and request the conditional use permit for a child care center for 12 or more
children. I sit on the Board of Directors of the parent company, we have reviewed the
comments from the City Engineer, the Planning Director, the Fire Department.
attended the ACHD hearing and have reviewed the Central District Health and the
irrigation questions in the proposal. We are prepared to comply with all of the facts and
findings in the outline and comments. Which specifically I should probably address.
The driveway, we are prepared to pave with cement the existing driveway and expand it
to the 24 by 30 foot wide curb that was recommended in item C of the ACRD
comments. As far as the engineering goes we will light it appropriately and conform to
the City's guidelines.
Johnson: Thank you very much, questions of the applicant?
MacCoy: Yes 1 do, you mentioned you have seen the City's comments that is the
January 13th sheet.
Chace: My comments are dated January 10"'.
MacCoy: I want to make sure we are talking the same thing. (Inaudible) we will just
wing it from here. You know we have a fence height requirement, you are aware of
that?
Chace: Yes I am.
MacCoy: How about your gates being lockable?
Chace: As they surround the play area, yes..
MacCoy: Signage is in accordance with our ordinance, no blinking lights, not neon.
Your outside lighting should not be a nuisance to your neighbors and that always
seems to come back and haunt us because people say that to us and then do whatever
they darn well please.
~
~ COUNCIL MEMBERS
OFFICIALS HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President
RONALD R. TOLSMA
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN EE
C
BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY
JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
MERIDIAN, IDAHO 83642
P & Z COMMISSION
PATTY A. WOLFKIEL, DMV Supervisor (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 KEITH BORUP
W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
WAYNE G. CROOKSTON, JR., Attorney GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Mayor
MEMORANDUM: January 10, 1997
To: P&Z Commission/Mayor & Council
From: Bruce Freckleton, Assistant to City Engineer ~-
Re: 5.455 ACRES TO I-L LIGHT INDUSTRIAL by Michael & Michelle Murasko
(Request for Annexation & Zoning)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. The legal description submitted with this application for Annexation and Zoning appears
to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State
Tax Commission.
2. Sanitary sewer service to this parcel is not available at this time. Plans have been
developed by Ron VanAuker for the extension of sewer into the area, however easements
haven't been obtained nor have they obtained full plan approval.
3. Water service for this parcel could be from an existing main adjacent to the east of the site
in Eagle Rd.
4. The legal description submitted with this application places this parcel adjacent to the south
of Olson & Bush Industrial Park, approximately 270 feet from the Lanark Street right-of-
way, and approximately 170 feet north of the Franklin Road right-of--way. Direct right-of-
way access to this parcel from N. Eagle Road is prohibited according to Dan Cantrell,
Right-of--Way agent with the Idaho Transportation Department.
Applicant has made a directive to their engineer in their authorization to act on their behalf
to "make sure that we shall have a legal right of way off of Franklin and Lanark for
commercial use. There is no point in annexing if there are no right of ways" .
From the information provided in the application, there doesn't appear to be any
contiguous public right-of--way other than N. Eagle Road.
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WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chlef
WAYNE G. CROOKSTON, JR., Attorney
•
•
HUB OF TREASURE VALLEY .COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
E
C
GLENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
(208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding I)epartrnent (208) 887-2211 KEITH BORUP
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Mayor
TO: Planning & Zoning Commission, Mayor & Council
FROM: Shari Stiles, P&Z Admini ator
DATE: January 14, 1997
SUBJECT: Annexation and Zoning to C-G -Vicinity of Eagle and Franklin Roads by Michael
and Michelle Murasko
Following are comments to be considered during your review of this project:
This annexation and zoning request is in general compliance with the Meridian
Comprehensive Plan. The parcel was part of an illegal lot split that was made in Ada
County; the other portion of the property was annexed as the Ha.skin/Green property. The
westernmost parcel fronting Franklin Road was split off from this parcel, which lies below
the ridge adjacent to the Olson & Bush Industrial Park.
2. An easement has been granted from Franklin Road to access this property, and no direct
access is allowed from Eagle Road. The site is shown on the Generalized Land Use Map
of the Meridian Comprehensive Plan as Commercial and Industrial. This access may
eventually be tied to the stub street being provided in Phase 2 of the Olson & Bush
Industrial Park.
The intersection of Eagle Road/Franklin is destined to be developed as an urban
interchange with grade-separated approaches. Access on Franklin Road will be limited to
one access a minimum of 660 feet west of the intersection.
4. All ditches are to be tiled in accordance with Meridian City Ordinance unless a variance is
granted.
Landscape setbacks are required on Eagle and Franklin Roads. Athirty-five-foot (35')
setback shall be provided on Eagle Road.
6. Dedicate any additional right-of--way on Eagle Road prior to obtaining building
permits/certificates of occupancy. Furnish copy of recorded warranty deed for dedication
of additional right-of--way prior to obtaining building permits.
M ~
P&Z Commission/Mayor & Council
January 14, 1997
Page 2
7. As no use is proposed, all uses shall be governed under the conditional use permit process.
This is particularly important because of the problems of access to the site and aesthetics
of this entrance-corridor property.
Currently, there exists only an easement from Franklin Road, and an easement from
Lanark Street. The easement from Eagle Road through Lanark Street was granted to the
previous owners. Those previous owners executed aquit-claim deed to the present owner
for the Eagle Road access through property owned by Ted Sigmont. It is questionable
whether this access is feasible for any use. Storage units could possibly be one of the few
uses compatible with such existing access. This site will be extremely limited in usability
because of the restrictive access. There appears to be no legal frontage for this property.
8. The application indicates the land is currently vacant. However, there is a structure of
some kind currently on the property. The Applicant previously requested a building
permit from Ada County for construction of a residential unit on this property.
9. It is assumed that the response to Item 15 of the application refers to the Land Use section
(pages 24 and 25) of the Comprehensive Plan, although the intent of this response is
unclear.
10. A development agreement shall be required as a condition of annexation. Additional site
requirements will be detailed during the conditional use review process.
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. LASS, 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 lL Z Administretor
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live WALT W. MORROW, President
CITY OF ~ZERIDIAN RONALD R. TOLSMA
YEE
C
L
N
G
ENN R. BE
IIE
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMIS ION
(208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 KEITH BORUP
Motor Vehicle/Drivea License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Ma}ror
TRANSMITTAL TO AGENCIES FOR COtVIMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian Planning ~ Zoning Commisseon, please submit your comments and
recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 7, 1997
TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14/97
REQUEST: Annexation and zoning of 5465 acres to I-L Liclht Industrial
BY: Michael & Michelle Mursako
LOCATION OF PROPERTY OR PROJECT: North of Franklin Road. West of Eagle
Road
JIM JOHNSON, P2
MALCOLM MACCOY, P2
JIM SHEARER, P2
GREG OSLUND, P2
KEITH. BORUP, P2
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
MER~?IAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NANM~A MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. 8~ FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMA N EUM. 8r FINAL PLAT)
CITY FILES
OTHER: ~ ,,,,,
YOUR CONCISE REMARK
-ci
M HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JAfviCE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Flre Chief
W.L. "BILL" GORDON, Polloe Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
EE
~
L
ENN R. BENTLEY
G
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
(208) 888-4433 • F,1% (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding D~rtment (208) 887-2211 KEITH BORUP
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Maya
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recomrrtendations 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: January 7, 1997
TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14/97
REQUEST: Annexation and zoning of 5.465 acres to I-L Light Industrial
BY: Michael ~ Michelle Mursako
LOCATION OF PROPERTY OR PROJECT: North of Franklin Road. West of Eaale
Road
JIM JOHNSON, P2
MALCOLM MACCOY, P2
JIM SHEARER, P2
GREG OSLUND, P2
KEITH. BORUP, P2
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
MERIDEAN 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. & FINAL PLAT)
BURE/~U OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES / ~~ I (~~ C /_
OTHER: Q 7 l(J
YOUR CONCISE REMARKS:
W u ¢ '~~
~`~ - ~ --
•
BEFORE THE MERIDIAN PLANNING AIJD ZONING COMMISSION
MICHAEL AND MICHELLE MURASKO
APPLICATION FOR ANNEXATION AND ZONING
A PORTION OF THE SE 1/4 OF SECTION 8, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO
NORTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on January 16, 1997 at the hour of 7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, a representative of the Applicants, Keith
Loveless, hereinafter referred to as the "Representative,"
appearing in person, the Planning and Zoning Commission of the City
of Meridian having duly considered the evidence and the matter
makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. The notice of public hearing on the application for
annexation and zoning was published for two (2) consecutive weeks
prior to said public hearing scheduled for January 16, 1997, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the January 16,
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
MURASKO
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2. The property included in the application for annexation
and zoning is described in the application, and by this reference
is incorporated herein as if set forth in full. The property is
approximately 5.46 acres in size.
3 The property is presently zoned by Ada County as RT,
Rural Transitional, and is vacant land. The Applicants request the
property be zoned I-L, Light Industrial. The Applicants have
requested the annexation and this zoning, and the application is
not at the request of the City of Meridian.
4. The property is presently vacant and the Applicants do
not presently propose a project with the property or propose a
change in the land use at this time.
5. The property is north of Franklin Road and west of Eagle
Road. The property is south of and borders an existing industrial
subdivision.
6. Ada County Highway District (ACRD) submitted comments and
requirements, all of which comments and requirements are hereby
incorporated herein as if set forth in full, and some of which are
more particularly set forth as follows. ACRD made a special
recommendation to ITD (Idaho Transportation Department) that the
Applicants should not have any direct lot access to Eagle Road.
ACRD made several site specific requirements, which included that
there be compliance with requirements of ITD for State Highway 55
(Eagle Road) frontage; that a letter from ITD be submitted to ACRD
regarding said requirements prior to ACRD approval of the final
plat or issuance of a building permit (or other required permits),
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
MURASKO
• •
whichever occurs first; that access to Franklin Road is restricted
within. 440-feet of Eagle Road; that a driveway located a minimum of
440-feet from Eagle Road may be restricted to right turns in the
future if an interchange is constructed at the Franklin/Eagle Road
intersection.
7. Bruce Freckleton, Assistant to the City Engineer,
submitted .comments which comments are incorporated herein as if set
forth in full. His comments included that the legal description
submitted with this application for Annexation and Zoning appears
to meet all of the criteria required by Meridian City Resolution
#158, and the Idaho State Tax Commission; that sanitary sewer
service to this parcel is not available at this time; that plans
have been developed by Ron Van Auker for the extension of sewer
into the area, however easements have not been obtained nor have
they ,obtained full plan approval; that water service for this
parcel could be from an existing main adjacent to the east of the
site in Eagle Road; that the legal description submitted with this
application places this parcel adjacent to the south of Olson &
Bush Industrial Park, approximately 270 feet from the Lanark Street
right-of-way, and approximately 170 feet north of the Franklin Road
right-of-way; that direct right-of-way access to the property from
North Eagle Road is prohibited according to Dan Cantrell, Right-Of-
Way agent with the Idaho Transportation Department; that the
Applicants have made a directive to their engineer in their
authorization to act on their behalf to "make sure that we shall
have a legal right of way off of Franklin and Lanark Street for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
MURASKO
•
commercial use. There is no point in annexing if there are no
right of ways."; and that from the information provided in the
application, there does not appear to be any contiguous public
right-of-way other than North .Eagle Road.
8. Shari Stiles, Planning and Zoning Administrator,
submitted comments which comments are incorporated herein as if set
forth in full. Her comments included that this annexation and
zoning request is in general compliance with the Meridian
Comprehensive Plan; that the parcel was part of an illegal lot
split that was made in Ada County; that the other portion of the
property was annexed as the Haskin/Green property; that the western
most parcel fronting Franklin Road was split off from this parcel,
which lies below the ridge adjacent to the Olson & Bush Industrial
Park; that an easement has been granted from Franklin Road to
access this property, and no direct access is allowed from Eagle
Road; that the site is shown on the Generalized Land Use Map of the
Meridian Comprehensive Plan as Commercial and Industrial; that this
may eventually be tied to the stub street being provided in Phase
2 of the Olson & Bush Industrial Park; that the intersection of
Eagle Road/Franklin is destined to be developed as an urban
interchange with grade-separated approaches; that access on
Franklin Road will be limited to one access a minimum~of 660 feet
west of the intersection; that all ditches are to be tiled in
accordance with Meridian City Ordinance unless a variance is
granted; that landscape setbacks are required on Eagle and Franklin
Roads; that a thirty-five feet (35') setback shall be provided on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
MURASICO
Eagle Road; that the Applicants dedicate any additional right-of-
way on Eagle Road prior to obtaining building permits/certificates
of occupancy; that Applicants furnish a copy of recorded warranty
deed for dedication of additional right-of-way prior to obtaining
building permits; that, as no use is proposed, all uses shall be
governed under the conditional use permit process, which is
particularly important because of the problems of access to the
site and aesthetics of this entrance-corridor property; that
currently, there exists only an easement from Franklin Road, and an
easement from Lanark Street; that the easement from Eagle Road
through Lanark Street was granted to the previous owners; that the
previous owners executed a quit-claim deed to the present owner for
the Eagle Road access through property owned by Ted Sigmont; that
it is questionable whether this access is feasible for any use;
that storage units could possible be one of the few uses compatible
with such existing access; that the property will be extremely
limited in usability because of the restrictive access; that there
appears to be no legal frontage for the property; that the
application indicates the property is currently vacant, however,
there is a structure of some kind currently on the property; that
the Applicants previously requested a building permit from Ada
.County for construction of a residential unit on the property; that
it is assumed that the response to Item 15 of the. application
refers to the Land Use section, pages 24 and 25, of the
Comprehensive Plan, although the intent of this response is
unclear; and that a development agreement shall be required as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
MURASKO
•
condition of annexation and additional site requirements will be
detailed during the conditional use review process.
9. The Meridian Police Department, the Meridian Fire
Department and the Central District Health Department submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full.
10. The Nampa & Meridian Irrigation District submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full. Its comments included that its Snyder
Lateral courses through the project; that the. right-of-way of the
Snyder Lateral is 40 feet, 20 feet from the center facing
downstream; that the developer must contact John P. Anderson or
Bill Henson for approval before any encroachment or change of
right-of-way occurs; that it requires a Land Use Change/Site
Development application be filed for review prior to final
platting; that all lateral and waste ways must be protected; that
all municipal surface drainage must be retained on site; that if
any surface drainage leaves the site, it must review drainage
plans; that the developer must comply with Idaho Code Section 31-
3805; and that it recommends that irrigation water be made
available to all developments with the Nampa & Meridian Irrigation
District.
11. The Represenative stated that their is no project for the
property; it is strictly a bare land annexation. The
Representative further stated that they have no problems with the
comments submitted by the agencies.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
MURASKO
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12. There was a discussion between Commissioner Borup and the
Representative concerning a right-of-way access to Franklin Road.
The Representative stated that the right-of-way to Franklin Road is
a maybe dependent upon the neighbors, but he thinks in the long
term development such right-of-way access will occur. The
Representative stated that the Applicants want to proceed without
a right-of-way access to Franklin Road; that they have access to
Lanark Street via a permanent easement. The Representative
explained that the easement to Lanark Street was put together when
ITD (Idaho Transportation Department) widened Eagle Road and ITD
purchased the easement for the property. The Represenative stated
that the right-of-way to Lanark Street is 50 to 60 feet in width,
but he would have to review his documents to recall the exact
width.
13. There was a discussion between Commissioner Oslund and
the Representative about ACHD's comments of a study for an
interchange location on Eagle Road, the Applicants' easement to
Franklin Road and the potential of the property being land locked
without access. The Representative stated that the Applicants are
not sure whether they have an access easement to Franklin, but they
have access to Lanark Street, and Lanark Street will not be shut
off by an interchange or improvements.
14. Ted Sigmont stated to the Commission his opposition to
the annexation of the property based upon an inability to provide
utility services to the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
MURASKO
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15. Dale Ownby stated to the Commission that there is a
recorded easement for the property which runs from the property
south to Franklin Road. This easement allows for any type of
utility; sewer line, water line, telephone line, electric lines;
which are needed. Mr. Ownby further .stated that Mr. Sigmont was
correct that their is the easement across his property; it is not
over property of the state of Idaho.
16. Brad Miller stated to the Commission his objection to the
annexation of the property based upon an inability to access the
sewer line. Mr. Miller stated that notwithstanding the easement to
which Mr. Ownby testified allows for sewer, the sewage cannot flow
up hill and the easement across Mr. Sigmont's property is for
ingress and egress only, not for utilities. Mr. Miller further
stated his objection based upon a lack of adequate access to the
property.
17. With regard to the availability of sewer to the property,
the Representative stated that once the sewer goes down Lanark
Street and crosses Eagle Road to Mr. Van Auker's proposed project
on the east side of Eagle Road, that the Applicants would have no
problem acquiring an easement from the state of Idaho to run sewer
within the Eagle Road right-of-way; that the Applicant's will not
need to use Mr. Sgmont's property. The Representative
acknowledged that sewer service is a problem until it gets down
Lanark Street.
18. There were no other comments by the public regarding this
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
MURASKO
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19. The property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
20. The property requested to be annexed is presently
included within the Meridian Urban Service Planning Area (U.S.P.A.)
as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan and in the Meridian Area of Impact.
21. The property cannot presently be~physically serviced with
City sewer, but water is available from an existing water main in
Eagle Road.
22. The following pertinent statements are made in the
Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic
Development Goal Statement.
1. Policies
1.1 The City of Meridian shall make every effort
to create a positive atmosphere which
encourages industrial and commercial
enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to
set aside areas where commercial and
industrial interests and activities are to
dominate.
1.3 The character, site improvements and type of
new commercial or industrial developments
should be harmonized with the natural
environment and respect the unique needs and
features of each area.
1.5 Strip industrial and commercial uses are not
in compliance with the Comprehensive Plan.
1.8 The City of Meridian intends to establish a
Design Review Ordinance which will foster
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
MURASKO
compatible land. use and design within the
development, and with contiguous developments;
and encourage innovations in building
techniques, so that the growing demands of the
community are met, while at the same time
providing for the efficient use of such lands .
COMPREHENSIVE PLAN CITY OF MBRIDIAN at pages 18 - 19.
23. The following pertinent statements are made in the
Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES.
3.1 Industrial development within the urban service
planning area should receive the highest priority.
3.3 Access to industrial areas from collector and local
streets will be discouraged.
3.4 Industrial uses adjacent to. residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
3.6 Industrial areas should be located within proximity
to major utility, transportation and services
facilities.
3.7 Industrial uses which require the storage or the
production of explosive or hazardous materials
should not be located near residential areas, and
should conform to disposal, spill and storage
measures as outlined by the U.S. Environmental
Protection Agency.
3.8 Industrial uses which require the storage or
production of explosive or toxic materials should
be excluded from any area which has a potential of
flooding from natural runoff or canal breakage.
3.9 Industrial uses should be located where discharge
water can be properly treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive
industrial runoff water.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
MURASKO
• •
3.10 Industrial uses should be located where adequate
water supply and water pressure are available for
fire protection.
3.11 Zoning and development within each of the
Industrial Review Areas should be analyzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
3.12 All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the City Council. or designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.
Eastern-Eagle Road Light Industrial Review Area.
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
light industrial uses within the proximity of the
Idaho Foreign Trade Zone.
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, .quiet, and free of
hazardous or objectionable elements.
3.17U It is the policy of the City of Meridian to
encourage and promote light industrial
development in the Eastern Light Industrial
Review Area.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 24 - 25.
24. In the Meridian Comprehensive Plan under TRANSPORTATION,
Franklin Road, East of Meridian Road, and Eagle Road, North of
Overland Road are designated as Principal Arterials. See
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43.
25. In the Meridian Comprehensive Plan under COMMUNITY
DESIGN, Entryway Corridor, Franklin Road (East and West entrances)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
MURASKO
•
and Eagle Road (East and West entrances) are designated gateway
arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72.
The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following
statements under COMMUNITY DESIGN relative to entrance corridors:
Entrance Corridors Goal Statement
Promote, encourage, develop and maintain
aesthetically-pleasing entrances to the City of Meridian.
4. Policies
4.1U Jointly plan entryway corridors to Meridian
with Nampa and Boise.
4.2U Support ACHD corridor development standards
for the entryways to the City.
4.3U Use the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered, landscaped
business or residential development on entrance
corridors.
4.4U Encourage landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73.
26. The property is included within an area designated on the
Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY
OF MERIDIAN as a Light Industrial.
27. The requested zoning of Light Industrial (I-L) is defined
in the Zoning Ordinance at 11-Z-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 - Page 12.
MURASKO
•
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.
28. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS 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 Applicants' property.
2. The City of Meridian has authority to annex land pursuant
to Idaho Code Section 50-222 and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian. The exercise of
the City's annexation authority is a legislative function.
3. The Planning and Zoning commission has judged this
annexation and zoning application under Idaho Code Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4. All notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
MURASKO
•
•
5. The Council may take judicial ,notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. The land within the proposed annexation is contiguous to
the present city limits of the City of .Meridian, and the annexation
would not be a shoestring annexation.
7. The annexation. application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
8. Since the annexation and zoning of land is a legislative
function, the City has authority to place conditions upon the
annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d. 1075 (1983).
9. The development of annexed land must meet and comply with
the Ordinances of the City of Meridian and in particular Section
11-9-616, which pertains to development time schedules and
requirements; Section 11-9-605 M., which pertains to the tiling of
ditches and waterways; and 11-9-606 14., which requires pressurized
irrigation.
10. The Applicants stated no proposed use of the property;
therefore it cannot be determined if the use would be in compliance
with the Comprehensive Plan, however any uses would have to comply
with the Zoning Ordinance.
11. The City adopted the Comprehensive Plan at its meeting on
January 4, 1994, and has not amended the Zoning Ordinance to
reflect the changes made in the Comprehensive Plan. Thus, uses may
be called for or allowed in the Comprehensive Plan but the Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
MURASKO
Ordinance may not address provisions for the use. It is concluded
that upon annexation, as conditions of annexation, the City may
impose restrictions that are not otherwise contained in the current
Zoning and Subdivision and Development Ordinances.
12. The Applicants have not stated or represented their
intention as to development. It is therefore concluded, as a
condition of annexation and zoning, that any use or development of
the property shall only be allowed under the conditional use
process.
13. It is concluded that the City could annex the property
and zone it (I-L) Light Industrial, but .once the property was zoned
(I-L) Light Industrial, the Applicants could place many different
uses on the property without additional approval from the City
other than building permits, which limits the control that the City
should have over the development and the uses of the property due
to the mandates of the Comprehensive Plan.
14. As the COMPREHENSIVE PLAN CITY OF MERIDIAN provides under
LAND USE, Eastern-Eagle Road Light Industrial Review Area in 3.14
and 3.16U, at page 25, that the character, site improvements and
type of light industrial developments should be harmonized with the
residential uses in the area; that land uses in the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; and that because the City should have
control over any uses that are to be placed on the land, it is
therefore concluded that development of the property shall be under
the conditional use permit process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
MURASKO
•
15. It is concluded that the property. should be annexed and
zoned (I-L) Light Industrial, but only capable of being developed
under the conditional use permit process.
16. As a condition of annexation and the zoning of (I-L)
Light Industrial, the Applicants shall be required to enter into a
development agreement as authorized by 11-2-416 L and 11-2-417 D;
that the development agreement shall address,- among other things,
the following:
a. Inclusion into the development the requirements of
11-9-605;
b. Payment. by the Applicants, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
c. Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
d. An impact fee, or fees, for park, police, and fire
services as determined by the City;
e. Appropriate berming and landscaping;
f. Submission and approval of any required plats;
g. Submission and approval of individual building,
drainage, lighting, parking, and other development
plans of the property;
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Establishing the 35 foot landscaped setback
mentioned in the Comprehensive Plan and landscaping
the same;
j. Addressing the comments of the Planning Director,
Shari Stiles;
k. The sewer and water requirements;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
MURASKO
•
1. Traffic plans and access into and out of any
development; and
m. Any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing.
17. Section 11-2-417 D of the Meridian Zoning Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is. more appropriate for a
development agreement to be entered into when plans for development
of the property are determined, and therefore as a condition of
annexation a development agreement must be entered into prior to
development of the property or issuance of final plat approval.
18. It is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact and Conclusions of Law
and if they are not met the land may be de-annexed.
19. The requirements of the Meridian City Engineer, Ada
County Highway District, Meridian Planning Administrator, Central
District Health Department, and the Nampa & Meridian Irrigation
District, shall be met and addressed in a development agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
MURASKO
20. All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled, the property shall be
subject to de-annexation.
21. Pressurized irrigation shall be installed and
constructed, and if not so done the property shall be subject to
de-annexation.
22. The Applicants will be required~to connect the property
to Meridian water and sewer and resolve how the water and sewer
mains will serve the property.
23. The development of the property shall be subject to and
controlled by the Zoning and Development Ordinance and the
development agreement, and it shall only be developed under the
conditional use process.
24. These conditions shall run with the land and bind the
Applicants and their successors in interest, assigns, heirs,
executors or personal representatives.
25. With compliance of the conditions contained herein, the
annexation and zoning of the property as (I-L) Light Industrial
would be in the best interest of the City of Meridian.
26. If these conditions of approval are not met, the property
shall not be annexed or if already annexed, it shall be de-annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
MURASKO
•
i
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission of the City
Council of Meridian hereby adopts and approves these Findings of
Fact and Conclusions of Law.
ROLL CALL
COMMISSIONER BORUP VOTED
COMMISSIONER OSLUND ~ VOTED
~~~~
COMMISSIONER MACCOY VOTED lY~
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
MURASKO
i
DECISION AND gECWrII~IENDATION
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicants or their successors in interest, assigns, heirs,
executors or personal representatives enter into a development
agreement, and that the property only be developed under the
conditional use process; that if the Applicants are not agreeable
with these Findings of Fact and Conclusions of Law and are not
agreeable with entering into a development agreement, the property
should not be annexed.
MOTION:
(~r~~
~~
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
MURASKO
~Gf`°G
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
January 17, 1997
TO: Michael and Michelle Murasko
501 Cottonwood Street
Vacaville CA 95688
FROM: Karen Gallagher, Coordinator
Development Services Division ~~'
SUBJECT: MA-4-96/Eagle Road and Franklin Road
RT to I-L (Light Industrial)
Your application for the above referenced project was acted on by the Commissioners of the Ada
County Highway District on January 15, 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: Development Services
Chron
John Edney
Chuck Rinaldi
City of Meridian
Loveless Engineering/K Loveless
ITD/J Ferrens
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680
ADA OUNTY HIGHWAY DI~RICT
Development Services Division
Development Application Report
MA-4-96 Eagle Road and Franklin Road
The applicant is requesting annexation approval with a change in zoning classification from RT
to I-L. The 5.46-acre site is located west of Eagle Road, approximately 200-feet north of
Franklin Road. This development is estimated to generate 600 additional (assuming industrial
uses) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation
manual.
Roads impacted by this development: Eagle Road
Franklin Road
ACRD Commission Date -January 15, 1997 - 12:00 p.m.
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Facts and Findings:
A. General Information
Owner -Michael and Michelle Murasko
Applicant -Same
RT -Existing zoning
I-L -Requested zoning
5.46 -Acres
0 -Square feet of existing building
0 -Total lineal feet of proposed public streets
267 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact Fee Assessment District
Earl
Principal arterial with no bike route lane pathway designation
Traffic count 31,975 on 11/6/96 s/o Franklin Road
300-feet of frontage
200-feet existing right-of--way (100-feet from centerline)
Comply with ITD for right-of--way requirements
C~
Eagle Road is improved with a 5-lanes, but no curb, gutter or sidewalk.
Franklin Road
Principal arterial with bike route designation
Traffic count 12,131 on 11/6/96
0-feet of frontage
Franklin Road is improved with 2-lanes with no curb, gutter or sidewalk
B. Utility street cuts in new pavement less than five years old are not allowed unless approved
in writing by the District (Eagle Road). Contact Construction Services at 345-7667 (with file
numbers) for details.
C. Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). Application
materials should be submitted to ITD for review and requirements of that Department and the
applicant should submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first. The applicant may contact District III Traffic Engineer James
Farrens at 334-8340.
MA496.COM
Page 2
• !
D. The Ada County Highway District (ACRD) and the Idaho Transportation Department (ITD)
aze working together to plan for the long term needs of the Eagle Road Corridor. The major
elements of this long term plan are access control (e.g. limited street or driveway access to
Eagle Road) and traffic interchanges at the arterial street intersections. This plan has not yet
been developed but can be expected to include: turn prohibitions at the Eagle Road/Lanark
intersection. A traffic interchange is anticipated at the Eagle Road/Franklin Road
intersection.
This plan has not yet been developed but future access controls can be expected to include:
• Prohibition of left-turns on Eagle Road within 1,000-feet of Franklin Road. This
includes the Eagle Road/Lanark Street intersection.
• Expanding the Eagle Road right-of--way to between 150 and 220-feet.
• Prohibition of left-turns on Franklin Road within 700-feet of Eagle Road. This
includes the Franklin Road/Site Access Driveway intersection.
• Expanding the Franklin Road right-of--way to between 96 and 164-feet.
E. ITD has granted this applicant an easement in their right-of--way for this site to access Lanark
Street. The easement is on the east side of Lot 1, Block 2 of the Olson Bush Industrial Park.
District policy requires the site's driveway on Lanark Street to be located a minimum of 50-
feet west of Eagle Road. Staff recommends a waiver of this policy to allow the access
easement provided by ITD for this site to Lanark Street.
F. The applicant has indicated that they have an easement from the pazcel to the north, for
access to Franklin Road. The easement should be located approximately 440-feet west of the
Franklin Road/Eagle Road intersection for a full access driveway. This distance is ACHD's
current policy for a full access driveway, however in the future a driveway at 440-feet may
be restricted to right turns due to the construction of an interchange.
G. In accordance with District policy, stub streets to the undeveloped parcels abutting this site
may be required upon review of a future application for this site.
H. As required by District policy, restrictions on the width, number and locations of driveways,
may be placed on future development of this parcel.
The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
If the rezone is approved and the District receives a development proposal, the District intends to
provide the following recommendations, in addition to any additional recommendations that may
apply upon District review of future development, to the City of Meridian:
MA496.COM
Page 3
• •
Special Recommendation to ITD:
1. The applicant should not have any direct lot access to Eagle Road.
Site Specific Requirements:
1. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to
the District a letter from ITD regazding said requirements prior to District approval of the
final plat or issuance of a building permit (or other required permits), whichever occurs first.
Contact District III Traffic Engineer James Farrens at 334-8340.
2. Access to Franklin Road is restricted within 440-feet of Eagle Road. A driveway located a
minimum of 440-feet from Eagle Road may be restricted to right turns in the future if an
interchange is constructed at the Franklin/Eagle Road intersection.
Standard Requirements:
1. A request for modification, vaziance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACRD Development Services Supervisor. The request shall
specifi al id n i each requiremen n he rPrnncid rPrl and in .1nr~P a written PXplanatlon Of
~y such a requirement would result in a ub ntial hard hi on r ineq ~i The written
request shall be submitted to the District no later h n 9.00 a m on he day scheduled for
ACHD 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 regazding 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 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
of data that was not available to the Lo mis. ion at the ime of ;t. original dericinn The
request for reconsideration will be heard by the District Commission at the next regular
meeting of the Commission. If the Commission agrees to reconsider the action, the applicant
will be notified of the date and time of the Commission meeting at which the reconsideration
will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #188, also known as Ada County Highway District Road Impact
Fee Ordinance.
MA496.COM
Page 4
•
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.
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.
MA496.COM
Page 5
CENTRAL CE
•• DISTRICT
HEALTH
DEPARTMENT
Rezone #
L DISTRICT HEALTH DEPAR~1~fENT
Environmental Health Division Return to:
^ Boise
^ Eagle
. ~~/~~ - L ~-/ j `jT ~.~~USi~a~-- ^ Garden city
r ~"leridian
Conditional Use #
^ Kuna
Preliminary /Final /Short Plat ^ ACZ
JAN 0 Z ~~~?'
'~ I . We have No Objections to this Proposal.
~~~ C)~ iVlj~Rl~71l~ i:.,
^ 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. Street Runoff is not to create a mosquito breeding problem.
^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules.
^ Groundwater Protection
^ t 2. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 14. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store q
^ 15. Date: /i~j l.~/ ~'~
Reviewed By:
CDHD 10191 ~~. «~. ~,9s Revie Sheet
~ ~ xEC~~vEu
4~TY OF Nf ERIDIAN
& ~,~ . ~ .
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
31 December 1996
Will Berg, City Clerk
City of Meridian
33 East/daho
Meridian, /D 83642
RE: Annexation/Za~ing of 5.465 acres to /-L Light /ndustria//Mursako
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Boise 345-2431
The Nampa & Meridian /rrigation District's Snyder Lateral courses through the project. The right-of-
way of the Snyder Latera! is 40 ft; 20 feet from the center facing downstream. See Idaho Code 42-
1208--R/GHTS-OF-WAVNOTSUBJECTTOADVERSEPOSSESS/ON. The deve/opermust contact John
P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approve/before any encroachment or
change of right-of-way occurs.
The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be
filed for review prior to fine/ platting. A// !stets/s and waste ways must be protected. All municipal
surface drainage must be retained on site. /f any surface drainage /eaves the site, the Nampa &
Meridian /rrigation District must review drainage p/ans. Contact Donna Moore at 343-1884 or 466-
7861 for further information.
The deve%per must comply with Idaho Code 31-3805. /t is recommended that irrigation water be
made availab/e to all deve/opments within the Nampa & Meridian /rrigation District.
Si cerely,
John P. Anderson, Water Superintendent
NAMPA & MER/D/AN /RR/GAT/ON DISTR/CT
JPA: dln
pc: File -Shop
R/e -Office
Asst. Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
• •
MERIDIAN CITY COUNCIL MEETING: March 18.1997
APPLICANT: MICHAEL 8~ MICHELLE MURASKO ITEM NUMBER; 2
REQUEST: PUBLIC HEARING CONTINUED FROM MARCH 4 1997: ANNEXATION20NING TO 1-L
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
~~
M„7w
~:l^)`~~~J~
r ~P";
~~~ ~
~r
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council
March 4, 1997
Page 21
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING TO I-L BY
MICHAEL AND MICHELLE MURASKO:
Corrie: I will invite the representative to come fonnrard.
Keith Loveless, 3330 Grace Street, Boise, was sv~rn by the City Attorney.
Loveless: At this time I request that this item be deferred to the next available City
Council meeting. My client is out of state and our only conversations are by telephone
and we are having a hard time explaining to him the development agreement and all of
the conditions and coming to terms. So I need some more time to discuss it with my
client.
Morrow. Mr. Loveless, would the 18th of March be sufficient or would you prefer the 1 ~
of April?
Loveless: He was willing to get it done within the next week but I have had to push him,
so 2 weeks is fine.
Corrie: Any further questions? Anybody else from the public that would like to issue
testimony at this time? We will continue it to the March 18th I am sure.
James Morham, 2950 Franklin Road, Meridian, was sworn by the City Attorney.
Morham: I am the next door neighbor to this property on the east side of, well his
property is on the east side of my property. I have no objections that this be rezoned
and annexed to the City. I can see that it will not hinder me in any way or my property
and will not be a detriment. to it. Therefore I would request that the City Council do
approve this when the time comes.
Corrie: Thank you, any further comment or testimony from the public? Council, I will
close the public hearing and
Rountree: No leave it open.
Corrie: I will leave it open.
Rountree: Mr. Mayor, I move that we continue the public hearing on this item until our
next regularly scheduled meeting March 18th.
Morrow: Second
Meridian City Council
March 4, 1997
Page 22
Corrie: Motion made by Mr. Rountree, second by Mr. pAorrow that we continue the
public hearing request for this annexation, all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE BREAK
ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L
BY PROPERTIES WEST INC.:
Corrie: At this time I will open the public hearing and ask the representative of
Properties West to speak first.
Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney.
Lee: I am the representative for Properties West on this application before you this
evening. We also have a second
Morrow: I am sorry Mr. Mayor I am in error here, I have done business and purchased
lots from Mr. Barnes the last one was probably 3 years ago. I do need to ask the
Council if there is the perception of a conflict of interest there and if so If I need to
stand down during this hearing.
Corrie: Mr. Morrow, you are not involved in this particular piece of property are you?
Morrow: In no way, shape or form, but I have been involved in prior business
(inaudible).
Rountree: Did you get a good deal?
Morrow. I paid through the nose.
Rountree: I don't see a conflict
Corrie: Mr. Morrow you can stay.
Lee: As I was saying, of course the first hearing tonight is for the annexation and
zoning and the second hearing is for the preliminary plat is being submitted. I will
probably go through this presentation and speak to both issues and they generally
come up during the discussions. I will be glad to go over any points you may have.
Again the applicant is Properties West, the project is a 26 acre piece of land situated
on Franklin Road west of Locust Grove. We are seeking an annexation and zoning of I-
Lwhich is light industrial. The project will consist of 18 business lots, buildable lots
along with 5 common lots that will be held in common ownership by the business
COMMENTS
MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: February 11.1897
APPLICANT: MICHAEL ~ MICHELLE MURASKO AGENDA ITEM NUMBER: 5
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO 1-L
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
J~
~~~~
F~~f~~-
a~. ~e
~~~
C,~J
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning ~ Z~g Commission
January 16, 1997
Page 16
Commission and the City Council you have to live with that 1600 square foot mandatory
requirement of the ordinance under which is was annexed.
Johnson: Thank you Wayne, we have. a motion and a second, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Crookston: Mr. Chairman, I didn't catch that you tabled that to a date certain, plus you
didn't have any indication if it is tabled it should be set to a date certain at a minimum.
Johnson: That is correct, we need a motion to amend that motion.
Oslund: Mr. Chairman I would like to make a motion to amend the motion, I would like
to amend the motion to include a date certain of March 11, 1997.
MacCoy: Second
Johnson: Motion and a second, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: PUBLIC- HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L,
NORTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD BY MICHAEL .AND
MICHELLE MURSAKO:
Johnson: I will now open the public hearing and invite the applicant or a representative
of the applicant to address the Commission.
Keith Loveless, 3330 Grace Street, Boise, was sworn by the City Attorney.
Loveless: (Inaudible) staff report, we have no project, this is strictly a bare land
annexation. It is within the zone, in your master plan, adjacent to City land. With the
comments from all agencies we have had no problems with. Unless there are some
questions. we really don't have any problems with what has been laid upon us by all of
the other agencies at this time.
Johnson: Thank you Keith, any questions of Mr. Loveless?
Borup: I have a couple Mr. Chairman, it looks like you do have a right of way to Franklin
is that correct or an option on a right of way?
Loveless: That is a maybe, that one comes and goes depending on the neighbors. But
I think probably in the long term development it will occur.
Meridian Planning & ~ing Commission
January 16, 1997
Page 17
Borup: The applicant still wants to proceed even without that?
Loveless: Yes, we have access to Lanark via permanent easement
Borup: Which was my other question, the easement to Lanark is right adjoining the
road. right of way, is that correct, the plat was not real clear.
Loveless: That is correct, that easement was put together when ITD widened Eagle
Road. That was the result of the widening of the roadway and ITD purchasing this
easement for this particular piece of property.
Borup: Then the question I had was they are taking about, are they talking about an
additional widening there of another, or, they are not talking about taking more right of
way then?
Loveless: No, not to our knowledge at this time. They have a lot of right of way that is
unused in that area yet for widening the intersection.
Borup: There was a staff comment about dedicating any additional right of way
Loveless: None has been requested. ITD doesn't generally take dedications, they
purchase all of their right of way.
Borup: Staff comment said that there was currently some kind of structure on the
property.
Loveless: It is out in the middle, it looks like some stacks of something, I have not even
gone on the properly to try and figure out what they are.
Borup: It is not something that is being used?
Loveless: Not to my knowledge it is not being used. It is something that has been left
there, it was there when t was requested by these people that moved back out of Idaho
reverse migration to the coast. So what we are looking at here is basically getting it
under one jurisdiction instead of two for that type of zoning and what ~nrould go on there
and be satisfactory to the City of Meridian.
Borup: Do you know what that, the right of way to Lanark, what the width of that is?
Loveless: Our easement?
Borup: Well yes; is that what it is?
Meridian Planning & ~ng Commission
January 16, 1997
Page 18
Loveless: Yes, it is an easement.
Borup: Do you know?
Loveless: It is 50 or 60 feet. I would have to look at my documents here to tell you
exactly, I could if you want me to take the time to find the paper.
Borup: That is fine, it leaves the other question, did you receive a copy of staff
comments, you may not have gotten those, they were just the 14tH
Johnson: They are dated today from Shari Stiles.
Borup: There is discussion there on a landscaping set back on Eagle, I just wonder if
there is a conflict between that and the (inaudible)
Loveless: Which item number sir?
Borup: Item #5
Loveless: We are not in disagreement with anything that has been put on it to date.
These people just want to sell their property and the only way they think they can sell it
is to get it into the City of Meridian and zoned so .they don't have to deal with two
agencies again. We are in your impact area and we would have to do a double
application.
Borup: I have a question for staff then, Shari, the landscaping set back would that be
on the portion to the south? It just looked to me like there was a conflict between
access onto Lanark and the landscaping easement both at the same location. Did you
have reference just to that area, perhaps to the south of there that is possible to do?
Loveless: There would be no way to do 35 feet up in the northeast comer because that
is where we have to bring the road in.
Borup: That was my question, my point.
Loveless: Now t understand what you are hitting at.
Borup: You still have something that could be worked around just have an access and
then the road way
Loveless: We have another problem in there and the people in that comer have leased
a spot for a billboard sign within our easement. That is a problem (inaudible) it is not a
matter for your concern.
Meridian Planning & ~ng Commission
January 16, 1997
Page 19
Borup: Then staff comments would be the landscaping after the access entrance in
from (inaudible)
Stiles: They could change the direction once it gets into the property.
Borup: Okay, I am straight now.
Loveless: I believe we can live with that sir.
Johnson: Any other questions of Mr. Loveless?
Oslund: I have one, in the ACRD comments they talk about a study that is being
conducted currently that is looking at interchange locations, future interchange
locations on Eagle Road. One of those locations is Franklin and Eagle. Have they
indicated anything to you about the status of your easement on Eagle Road. That
easement is from the State to you and it is within their right of way right?
Loveless: Eagle Road is their right of way.
Oslund: Right, ACRD goes on to also say that the applicant has indicated they have an
easement from the parcel to the north for access to Franklin Road, but you are saying
that you don't really have it.
Loveless: We have it, in fact we even have, I have a letter here signed by, back in
August of 1996 from Mr. Sale acknowledging our easement at that time.
Oslund: The easement to Franklin Road?
Loveless: No the easement to Lanark.
Oslund: Yes, that one I am not
Loveless: The easement to Franklin Road has we think been taken out, the attorney
has not been able to trace it all they way out because it is dependent upon an
agreement with about four parties. It seems it is hard to trace to see what its current
status is. Right now we are not sure that we have an easement to Franklin, we may
have and we may not.
Oslund: The only reason I am asking this is because without that access to Franklin if
there is an interchange someday this, whatever gets built in there is going to be totally
locked in without access.
Loveless: Well we have access to Lanark and Lanark will not be shut off by any
interchange, any improvements to that existing corner.
Meridian Planning & Z~r~g Commission
January 16, 1997
Page 20
Oslund: Except your easement may.
Loveless: Well if they buy the easement they have to buy us access or they buy out the
whole piece of property and change the whole configuration. They can't land lock us.
Oslund: That is really not an issue for now.
Loveless: It is a potential issue but that could be five years, that could be 30 years
from now.
Oslund: Right, but ACHD's comment just makes it sound that (inaudible) the applicant
has indicated that they have an easement to Franklin.
Loveless: We believe we do but we can't verify it. The attorney is still trying to do that.
Oslund: That is all f have.
Johnson: Thank you, .anyone from the public or anyone else like to address the
Commission on this application?
Ted Sigmont, 3817 Star Valley, Boise, was sworn by the City Attorney.
Sigmont: I am the owner of the property to the north where the easement is located. It
is a 55 foot wide ingress egress easement, it is not a right of way of any sort. It runs
parallel with the Eagle Road highway. Being as we elaborated as long as we did here
a few minutes ago. I made a note here real quick that talking with Larry Sale, I really
don't know who Loveless has been talking to but talking to Larry Sale there wilt never
ever be an interchange, an ingress, the easement the 55 foot wide easement going in
through there, they have that easement. But to run a commercial business of any sort
off of that piece of property according to Larry Sale that will never happen parallel to
the intersection of Lanark and Eagle Road. So I don't know hoar they plan on, I brought
that to Murasko, the applicant's attention when he bought the property that he needed
to get right up there with the other owners that he bought from and obtain an access a
deeded right of way access to Franklin Road at the time he purchased the property. He
went up there and did as I am hearing now, I am not even sure if he has an easement.
I thought he did. I kept telling him that you really need to get a deeded easement up
there, Franklin is your access road for any commercial development on this piece of
property. I don't know why he has having trouble getting it but he is apparently having
trouble getting it. I don't know how he is going to get sewer to the property, that is one
of the utilities. There is water, you mentioned water on Eagle Road, there is water up
towards Lanark. I guess there is some way you can get down through the highway
department's property to get water to the property I guess. Yes there was a shack built
on the property of which this guy lived in all the time he was in Boise here. He has a
Meridian Planning & ~ng Commission
January 16, 1997
Page 21
makeshift septic system on the deal there or whatever he has done. To my knowledge
he has never had a permit to do this and while we are talking about it I would like to see
the structure removed. It is a pretty ugly looking piece sitting there on the property. I
guess that pretty well sums up the notes f have on here. I guess, do you have any
questions for me?
Borup: Just one Mr. Chairman, you mentioned some clarification things, have you got
any concerns with the annexation?
Sigmont: Well one thing will start leading to the other. I just wonder how you can annex
it if you don't have access to utilities is really what I am worried about. And a right of
way, a deeded right of way. You have an easement, it allows you to get on the property
back and #orth. But I don't know without a deeded right of way if it is a land locked piece
of property. 1 don't know what your ordinances say you can do. If I can't stop it, right
now I am opposed to it because there is no way to run, one thing lead starts leading to
the other and you can't run a commercial business out of there at this point in time until,
to have legal access. And right now there is not (inaudible).
Borup: The staff report said ITD said that the easement is in their right of way.
Sigmont: No, the easement is in my right of way.
Borup: Your comments conflict with the Idaho Transportation Department then, they
thing it is their.
Sigmont: The property is my property, the easement goes across my property what
Shari, 35 feet she is requesting for landscaping on there, that was a good question
because I don't know if that eats up 35 feet of that and it would only leave you 20 feet
left. There are major problems with that. I am the one that pays the taxes on the
property if that is answering your question.
Borup: Thank you
Johnson: Thank you very much, anyone else?
Dale Ownby, 1824 South Sportsman Way, Meridian, was swum by the City Attorney.
Ownby: Mr. Chairman and Commission members I didn't come here to speak on this
tonight I just happened to be here. I can tell you without a shadow of a doubt there is a
recorded 60 foot easement from the subject property south to Franklin Road. I was
involved in representing Mrs. Green on this property and I can assure that there is a 60
foot easement there. The easement calls for any type of sewer line, water line,
telephone line, electric lines, any type of utilities that need to go across that property. It
needs to go across the 60 feet back to the subject pn~perty. Mr. Sigmont is correct the
Meridian Planning & ~ng Commission
January 16, 1997
Page 22
55 foot easement is on his deeded property. It is not on the State property. Any
questions?
Johnson: You will stake your 10 handicap on that right?
Ownby: Right
Johnson: Thanks Dale, thanks for the input.
Brad Miller, 3084 East Lanark, Meridian, was sworn by the City Attorney
Miller: My name is Brad Miller, I work for Ron Van Auker, we own a number of parcels
on that street there. It is interesting, I appreciate what the previous gentleman said
about having a utility easement that goes up to Franklin. Unfortunately I don't think the
sewer line is going to run down Lanark and I don't think they have found a way to get
the stuff that flows down the sewer line to flow up hill. So there is no way for him to
access the sewer line I the future because Mr. Sigmont's easement with him is for
ingress and egress only not for Utility lines.. So there are some real problems with this
parcel, it is a land locked parcel. It is a parcel that doesn't have access to sewer and
frankly Mr. Murasko has shown blatant disregard to the adjoining property owners and
to the various jurisdictions in town. You should talk to the irrigation people about what
he did there and how they had to go in and correct the irrigation problem that he
caused to the tune of about $15,000. So Mr. lillurasko has built a residential unit there
where he resided when he was in town. It is a classic example of a gentleman coming
from California thinking he is going to make a killing here in Idaho and he went back to
California with his tail between his legs. So, I think you ought to seriously consider this
parcel because it could be a problem parcel. You build a building on there, you have
poor access if any access to it and there is no way you can have a facility that would
have truck traffic to it because you don't have adequate access to it. I think you ought
to consider it because it could really become a problem with the access and other
considerations. Thank you.
Borup: Question of somebody, does everyone understand that this is just a request for
annexation, they are not asking for any type of development or anything at this point.
Are you saying that you are opposed to this being a part of Meridian?
Miller: 1 don't know if I am opposed to it being a part of Meridian but there will obviously
it is annexed and zoned there will be a request to put some sort of building on there
and I think that you ought to be careful. It is not a real nice piece of land and I don't
(inaudible) viable project on there.
Borup: At this point it is just speculation as far as what would happen in there
Miller: Absolutely, I don't know what you could put in there.
Meridian Planning & ~ing Commission
January 16, 1997
Page 23
Oslund: I would just like to add that in the past there has been these kind of questions
have been asked at the annexation and I think this is a good time to do it. Quite frankly
I think with a parcel that looks or appears at least what vue have seen tonight to have
some of the problems it does I am in favor with dealing with those problems before we
annex it into the City. After we annex it, it is very difi•icult to tum around and in fact the
City has never deannexed a piece of property. I think this is the time to do it.
Johnson: Anyone else from the public that would like to address the Commission?
Loveless: As to sewer, once sewer goes down Lanark Street and crosses Eagle Road
to Mr. Van Auker's proposed project on the east side of Eagle Road that we know
about. There is no problem with acquiring an easement from the State of Idaho to run
sewer within the Eagle Road right of way, we don't have to -use Mr. Sigrnont's property.
The City of Meridian can get the easement for nothing by filling out a four page form,
my parting can get it for $100 the last time I checked for filling out the same form. So
that is a moot point. I find Mr. Van Auker's agents testimony tonight rather interesting
because they have been contacting our Realtor telling us all of our bad problems and
how cheap the property should be and if they want to sell it at that call us. So I find it a
rather interesting scenario here tonight. I would, sewer access down the right of way is
not a problem. I filled out a permit for a mile and a half in Idaho City at one time for a
private party. So it is not a problem to get there, it is a problem until it gets down
Lanark woe understand that. My client is aware and the Realtor is aware that sewer is
not there, it is not being marketed as being there. It is being marketed with all of the
problems that one sees and all of that is being revealed to these people. What we are
trying to do is put it under full jurisdiction of the City of Meridian and not the County and
the City. We are adjacent to the City now, we are not hop skipping around. I think your
fears about trying to solve some of these problems at this level is moot until something
happens with the whole comer up there and I don't think anything is going to happen
on this piece of land until all the parcels there on that comer get usurped by one
developer and something happens but this is a start. If other people aren't ready you
have to take it one step at a time.
Johnson: Thank you, anyone like to issue a comment before we close the public
hearing? Seeing no one then I will close the public hearing at this time.
MacCoy: Mr. Chairman, I move we have the Counsel prepare findings of fact and
conclusions of law for this project.
Oslund: Second
Johnson: Motion with a second to have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
Meridian Planning & Z~ng Commission
January 16, 1997
Page 24
MOTION CARRIED: All Yea
ITEM #3: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
CHILD CARE CENTER FOR 12+ CHILDREN AT 1302 EAST FIRST STREET BY
RAYMOND CHACE:
Johnson: I will now open this pubic hearing and invite the applicant or the
representative of the applicant to address the Commission.
Raymond Chace, 586 W. Criterion, Meridian, was sworn by the City Attorney.
Chace: We have put in an offer to purchase the property at 1302 E. First Street, City of
Meridian and request the conditional use permit for a child care center for 12 or more
children. I sit on the Board of Directors of the parent company, we have reviewed the
comments from the City Engineer, the Planning Director, the Fire Department. I
attended the ACRD hearing and have reviewed the Central District Health and the
irrigation questions in the proposal. We are prepared comply with all of the facts and
findings in the outline and comments. Which specifically I should probably address.
The driveway, we are prepared to pave with cement the existing driveway and expand it
to the 24 by 30 foot wide curb that was recommended in item C of the ACRD
comments. As far as the engineering goes we will tight it appropriately and conform to
the City's guidelines.
Johnson: Thank you very much, questions of the applicant?
MacCoy: Yes I do, you mentioned you have ~ seen the City's comments that is the
January 13t`' sheet.
Chace: My comments are dated January 10~'.
MacCoy: I want to make sure we are talking the same thing. (Inaudible) we will just
wing it from here. You know we have a fence height requirement, you are aware of
that?
Chace: Yes I am.
MacCoy: How about your gates being lockable?
Chace: As they surround the play area, yes.
MacCoy: Signage is in accordance with our ordinance, no blinking lights, not neon.
Your outside lighting should not be a nuisance to your neighbors and that always
seems to come back and haunt us because people say that to us and then do whatever
they darn well please.
MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: January 16.1997
APPLICANT: MICHAEL ~ MICHELLE MURSAKO AGENDA ITEM NUMBER: 2
REQUEST: ANNEXATION20NING TO I-L
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS ' /
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS c~ ~ V
CITY ATTORNEY: `
CITY POLICE DEPT: "REVIEWED"
1
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT: I
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
C'
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
ADA • UNTY HIGHWAY DIS~RICT
Development Services Division
Development Application Report
MA-4-96 Eagle Road, 200-feet n/o Franklin Road
The applicant is requesting annexation approval with a change in zoning classification from RT
to I-L. The 5.46-acre site is located west of Eagle Road, approximately 200-feet north of
Franklin Road. This development is estimated to generate 600 additional (assuming industrial
uses) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation
manual.
Roads impacted by this development: ~ ' Eagle Road ~~
Franklin Road
ACRD Commission Date -January 15, 1997 - 12:00 p.m.
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• •
Facts and Findings:
A. General Information
Owner -Michael and Michelle Murasko
Applicant -Same
RT -Existing zoning
I-L -Requested zoning
5.46 -Acres
0 -Square feet of existing building
0 -Total lineal feet of proposed public streets
267 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Western Cities -Impact=.Fee Assessment District
Eagle Road
Principal arterial with no bike route lane pathway designation
Traffic count31,975 on 11/6/96 s/o Franklin Road
300-feet of'frontage
200-feet existing right-of-way (100-feet from centerline)
Comply with ITD for right-of--way requirements
Eagle Road is improved with a 5-lanes, but no curb, gutter or sidewalk.
Franklin Road
Principal arterial with bike route designation
Traffic count 12,131 on 11/6/96
0-feet of frontage
Franklin Road is improved with 2-lanes with no curb, gutter or sidewalk
B. Utility street cuts in new pavement less than five years old are not allowed unless approved
in writing by the District (Eagle Road). Contact Construction Services at 345-7667 (with file
numbers) for details.
C. Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). Application
materials should be submitted to ITD for review and requirements of that Department and the
applicant should submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first. The applicant may contact District III Traffic Engineer James
Farrens at 334-8340.
Page 2
• •
D. The Ada County Highway District (ACRD) and the Idaho Transportation Department (ITD)
are-working together to plan for the long term needs of the.Eagle Road Corridor. The -major
elements of this long term plan are access control (e.g. limited street'br-driveway access to
Eagle Road) and traffic interchanges at the arterial street. intersections: This plan has not yet
been developed but can be expected to include: turnprohibitions at the Eagle Road/Lanark
intersection. A traffic interchange is anticipated at the Eagle° Road/Franklin Road
intersection.
~:
This plan has not yet been developed but future access controls can be expected to include:
• Prohibition of left-turns on Eagle Road within 1,000-feet of Franklin Road. This
includes the Eagle Road/Lanark Street intersection.
• Expanding-the Eagle Road right-of=way; to between 150 and 220-feet.
• Prohibition of left-turns on Franklin Road within 700-feet of Eagle Road. This
includes the.Franklin Road/Site. Access Driveway intersection.
• Expanding the Franklin Road right-of--way to between 96 and 164-feet.
E. ITD has granted this applicant an~easement in their right-of--way for this site to access Lanark
Street. The easement is on he east side of Lot 1, Block 2 of the Olson Bush Industrial Park.
District policy requires the. site's driveway on Lanark Street to be located a minimum of 50-
feet west of Eagle Road.. Staff recommends a waiver of this policy to allow the access
easement provided by ITD for this site to Lanark Street.
F. The applicant has indicated that they have an easement from the parcel to the north, for
access to Franklin Road. The easement should be located approximately 440-feet west of the
Franklin Road/Eagle Road intersection for a full access driveway. This distance is ACHD's
current policy for a full access driveway, however in the future a driveway at 440-feet may
be restricted to right turns due to the construction of an interchange.
G. In accordance with District policy, stub streets to the undeveloped parcels abutting this site
may be required upon review of a future application for this site.
H. As required by District policy, restrictions on the width, number and locations of driveways,
may be placed on future development of this parcel.
I. The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
If the rezone is approved and the District receives a development proposal, the District intends to
provide the following recommendations, in addition to any additional recommendations that may
apply upon District review of future development, to the City of Meridian:
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Special Recommendation to ITD:
1. The applicant should not have any direct lot access to Eagle Road.
Site Specific Requirements:
1. Comply with requirements of ITD for State Highway 55 (Eagle"Road) frontage. Submit to
the District a letter from ITD regarding said requirements prior to District approval of the
final plat or issuance of a building permit (or other required permits), whichever occurs first.
Contact District III Traffic Engineer James Farrens at 334-8340.
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2. Access to Franklin Road is restricted within 440,-feet of Eagle Road. A driveway located a
minimum of 440=feet from Eagle Road may be~restricted to right turns in the future if an
interchange is constructed at the Franklin/Eagle Road intersection.
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACRD Development Services Supervisor. The request shall
why such a requirement would result in a ub tantial hardship or inequ~ The written
r~uest shall be submitted to the Di trict no la Pr than 9.00 a m on he day scheduled for
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.
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
~ecificall identi each requirement to be reconsidered and include written documentation
of data that was not available to the Commission at the time of its original decision. The
request for reconsideration will be heard by the District Commission at the next regular
meeting of the Commission. If the Commission agrees to reconsider the action, the applicant
will be notified of the date and time of the Commission meeting at which the reconsideration
will be heard.
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.
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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.
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.
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6. Construction, use and property development sha1T be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
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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 subjecf 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. ACRD 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 bv• Date of Commission Action.
Devel~ment Services Staff
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