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HomeMy WebLinkAboutBrackus, Nick CUPWILLIAM i` BERG, JR., City Clerk ~JANICE LW`SMtTH, City Treasurer f:e1RY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt TOM KUNTZ, Parks & Rec. Director ' DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W, BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4264 ROBERT D. CORRIE Mayor ! ~ s r k. COUNCIL MEMBERS CHARLES M.~ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD ~ t i P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK NELSON TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN ~ To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 3, 1998 TRANSMITTAL DATE: 2/18/98 HEARING DATE: 3/10/98 a REQUEST: Conditional Use Permit to construct a 13,250 square foot high- tech machine shop BY: Nick Brackus LOCATION OF PROPERTY OR PROJECT: NW~'/a NW'/4 Section 18, T.3N.,_R 1E JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z -KEITH BORUP, P2' -ROBERT CORRIE, MAYOR ~RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH 81RD, C/C ,GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT ~ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) a 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) a BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: -CITY ATTORNEY CITY ENGINEER CITY PLANNER , A e HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE co~n~~I Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD . ~~ ~.T~ ~, s a ~. LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 i CERTIFICATE OF ZONING COMPLIANCE* Date: Mary 12. 1998 Owner: Nick and Betty Brackus Address: Lot 6, Block 2, Stonebridge Business Park ~Medimont Subdivisions -Adkins Way ` ~i Proposed Use: Office/1Vlanufacturing -Advanced Precision Machining Zoning: I-L Comments: Proiect is subject to all reauirements of Conditional Use Permit. Development Agreement and Preliminary and Final Plats as approved by City Council. Provide signage for van- accessible parking... All signage is subject to design review and requires s~arate permits. A minimum of 9 3" caliper trees shall be installed per City Ordinance.. Copy of letter of approval from ACHD is to be submitted prior to obtaining building..permit. I_ a i Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements ofother departments/agencies, including, but not limited to, Ada County Highway District, ' Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, `etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. A I E: a , .- ~A~ .. j Chairman Planning and Zoning Commission ~` City of Meridian March 1, 1998 ~~~~~D MAR 0 9 1998 ~;~""~' ~F MERIDIAN In the matter of a Conditional Use Permit by Nick Brackus for Machine Shop. I :E i The proposed building is within the Medimont Subdivison, zoned I-L within a mixed use designation in the City's Comprehensive Plan. The area zoned RT, immediately adjoining the subdivision on the east, is residential. However, the application is for a machine shop abutting two houses,- separated only by a, 20' landscaped strip. These houses are not shown on the application. Nor, even though repeatedly requested by Directly Affected Parties, has this housing ever been shown in any plat or document leading to annextion. For the Commission's information, therefore, attached hereto is the housing diagram, provided by the residents. Roads and residences are a tracing, taken from a previous application (Franklin Business , Park), the original of the drawing being on file with the City Planner and available to you for validation of the drawing and scale. The dimensions of Medimont and the applicant's machine shop are estimated (based on known fence-line measurements) since no dimensional data appears on this application or plat The landscape strip shown on our rendering is only small trees, planted last month. They will not provide any screening between residential and industrial for at least eighteen to twenty years. Of the six adjoining residences involved to the east, four do not have the landscape strip. This landscape strip is not shown on the application, nor is the minimal extent of landscaping done to date: There is a domestic well immediately at the edge of the landscaping, twenty feet from the proposed Indus±rial and parking lot waste water drainage. This well is not shown on the application. When Medimont was before the Commission, the Commissioners' argument for I-!_ adjoining residential was, as minuted, that industry such as offices and some warehousing could be made to blend with residential use. In the Commission's Finding of Fact, the Commission granted I-L but provided that nothing in Medimont could intrude -sound, light, odor, traffic effect - in any , manner, upon the adjoining residences. City Council discarded the Commission's Findings, and ruled the Comprehensive Plan did not apply for this Development. Ultimately, all regulation and responsibility for residential safeguards were transferred by Council to Conditional Use Permits.- The application is not, as was anticipated by the Commission, offices ~~r warehousing. It is manufacturing, and is sited in such manner as to maximize intrusion on residential. P~ Z 3-~~°"9 8 ~~ , ~ 1 i r ~ ~5 ~ ~ We request the following actions for this application. .* 1. The Commission's re ection of the a I ~ ~ ~ j ppfication, as manufacturing is incompatible with ~ ~ ~ _ 1 adjoining single family residential. If not,. then: 2. the Medimont subdivision, including Lot 6, is under litigation -and will be subject to Judicial Review. We request this Public Hearing be continued until after such time as Judicial Review is made. If not, then; , 3. however, if the Commission should chose to proceed, we request that this Public Hearing be continued until after a project redesign for the following omissions of detail regarding public 1 health, safety and nuisance. 3.1 Although the plant immediately abuts residences, it fails to depict the residential properties in any manner. The plant is within 30 feet of residential, and highly vulnerable to civil suit outside of land use issues, and the Commission is entitled to-the detail of adjoining roof-lines, well-housings and utility easements to -make its decision. 3.2 The plat is extremely vague. Except that the building and parking lot are oriented west to east, there is insufficient detail as to dimensions and siting of the building. 3.3 Lighting and direction of fighting on the building and parking lot are not shown or described. 3.4 .Landscaping is not shown or described, except for implied shrubs on the west side (facing other industry) and with nothing on the residential sides. This structure will face housing on two sides, only one residence having the landscaped strip. Provision for a landscape a barrier for the other residences should be made. One residence will have a bedroom facing the proposed building, and is with 50', with no barrier other than a chain link fence. 3.5 By the west-east orientation, the parking area and its fighting are in full view of the residences -and will be for the next 15 years. Therefore, it is the applicant's responsibility to mitigate any form of residential intrusion by: erecting a sound wall and lighting screen; or reorienting his structure from north to south between the parking area and the residences. 3.6 The structure is reported as 27' high. The landscaped strip will not attain a visual barrier for forty years. This is incompatible with the adjoining houses which are all single story in above ground height, except one two storey which is 20'. The building should be held to' a maximum. of 20' to avoid problems of heat reflection and shading on the residences, extra to the problems of visual transition. 3.7 Although the application claims it will have no deliveries, all manufacturing must have pickup and delivery. The delivery access and turnarounds are not shown. 3.8 The application depicts no outside storage areas typically required by . manufact~:ring. 'R 7 3.9 The application makes no reference to gases stored under pressure and in quantity, which are required by a machine shop These present a hazard for explosion to adjoining r ~' ' residences. `~ k 3.10 The application makes no reference to fire suppression systems, interior or exterior, nor examines the impact on residences -during and outside of w©rking hours. A machine shop by its nature, uses fire as a means of production, and stores flammables and oxygen in quantity. 3.11 The application makes no reference to hours of operation and their compatability with a residential neighborhood. 3.12 The application shows the flow of all storm water specifically toward the residential properties, and wells, rather than draining toward the street. 3.13 The application shows no storage or control of potential ground water contaminants, nor control of iron oxides and shavings generated in metal work. 3.14 The application does not mention the use of yard equipment, such as forklifts with 1 their back-up alarms, inherent to industrial operation, and which are usually highly regulated where residences are involved. ; 3.15 The application assures that the operation is odorless and noiseless, virtually .impossible for any business working with metal, but it does not provide any information as to how this is to be accomplished. It states these will be confined within the building. However, except the tip-up, the building material and its ability to contain odor and noise, is not explained. 3.16 The application does not mention noise as may be generated by ventilation and transformer noise, nor are these described vn the site plan. 3.17 The application places garbage collection next to the residences, rather than next to the street ,and the composition of `garbage' is not defined. 3.18 The application does not reference the containment, or means of storage and disposal, of waste products such as cuttings and gear oil. 3.19 The application does not clarify where any vehicle belonging to the industry will be stored and screened from residential view. We request this letter be considered be entered to record as if read aloud, in full, before the Commission. Thank you fior your consideration. R g a K' i, r7~ D R~ M 7 J O J O N 9 i 3 9 i 1 I A 1 ~ ,I aq i 7 } kOR~'N 't ~~ _, ~ r + ~i ~, ~RhNK~lhl ROAD 1 i ~ ~ Sincerely yours, Jim and Ann Witherell, 215 So Locust Grove Road °k Archie and Ernie Roberson 185 So Locust Grove Road C~~~ ~~~ ~BOb and Gerri Smith, 335 So Locust Grove Road 7 ~ I c ~ v C 6 {` 1 a ~, . ~ ~ : t. ~ ~ CITY OF MERIDIAN .~ APPLICATION FOR A CONDITIONAL USE PERMIT NAME: IU IC.~ ~~~~~~5 'PHONES- 578 i~1~ 3 n ADDRESS: r ~ ~ 1 ( /_(~A !U U I_>n ~ SC- 4`~ ~ ~ ~~~1 GENERAL LOCATION: ' DESCRIPTION OF PROPOSED CONDITIONAL USE: I O CC's YU .~~~Z (7C' ~ !~- YU b O ~~ S~ pc- S't~C~~-F-~ ZONING CLASSIFICATION: I certify that the information contained herein is true and correct. Signature of Applicant - Social Security Number JTO~~" y~ - 3.~ ~O LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS3 HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on r at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally descnbed as located at ~' b'~ i~`{ ~f t~%'/N ~~ ~r ~S~ l, 3 ~-~~ ~ ~- (E. _, ~ C ~~~ ira. ~ ~ ~~[~; ~ : 5:.~~ SUBDIVISION, BLOCK .~ ,LOT ~~ TO _. ~ - .-. `~. ®~~ ~ CONSTRUCTION ~ Sp4~5 February 13, 199$ ~. ~ ~; } f:: City of Meridian ' City Fall Meridian, ID 83642 Re: Conditional Use Permit ,~ 1. Nick & Elizabeth All Brackus,10511 Albany, Boise, ID 83704 (208) 378-1753. , 2. John Barns, c/o J. L. Boyd Co., 1020 >;7. aain St., Suite 305, Boise, `' ID 33707 (208) 38Q-C300 3. Lot 6 Block 2 Medimont Sub 4. See attached Earnest Money Agreement for Purchase 5. Vacant Land 6. Vacant Land 7. High Tech Computer Machining 8. L I ~ ~ 9-11. See Attached 12. This high-tech machine shop reouires no outside storage, no truck terminal, and stores no unsightly material outside the building. It creates no noxious fumes and noise levels cannot be heard outside the building. i 13. Check attached. 14. We hereby agree to pay additional sewer, water and trash fees, if any, associated with the use „of this property. .. ~ ~~ ~ 15-16. See A•~plication. ~ 1011 S. Star Rd. Star, Idaho 83669 (208) 286-7274 FAX 286-9568 E-mail: rproper999C~aol.com i fi I e _ , t .- . t r I, Ray Robnett, hereby state that I will post the property on behalf of the Applicant one wee prior to the public hearing. ~ s Ray R bn tt 1 ~- r F E ~ ~ X .~ _ _ ~. r. PURCHASE AND SALE AGREEMENT Counter Offer to Offer Dated January 15 1998 _ -Boise ,Idaho _ February 3 , 19 98 1. BUYER. Nick and Elizabeth Ann Brackus (husband and wifel (hereinafter called "Buyer") agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises". 2. PROPERTY ADDRESS AND LEGAL DESCRIPTION. The properly commonly known as a tract of land cnr;rai.,~.,., ~gproximately .97 acres per Affached Exhibit "A". City of ,County of Ada__, State of Idaho legally described as: _Lot 6. Block 2 of Medimont Subdivision. marketed a~ cr.±~o_ rtdne Business Park. • Buyer and Seller authorize Agent or Closing Agency to insert and/or correct, over their signatures, the legal ! description of the premises as provided by Seller. 3. PRICE/TERMS. Total Purchase Price is EIGHTY FOUR THOUSAND SIX HUNDRE AND NO/100 Dollars i ($84,600.00). a) $ N/A ,Cash down payment, including Earnest Money ~ b) $ N/A Balance of the purchase price to be paid as follows: ct Total Purchase Price oavable in cash at clo ing j • - i 4. .EARNEST MONEY. a) Buyer hereby deposits as earnest money and a receipt is hereby, acknowledged of FIVE HUNDRED AND NO/100 Dollars ($500.00) Evidenced by; O Cash X Check O Cashiers check O Note or 1 l b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by Robnett Properties. Inc. for the benefit of the parties hereto. 5. • INCLUDED ITEMS. All water and water rights, all ditches and ditch rights that are appurtenant thereto that are now on ar used in connection with the premises shall be included in the sale unless otherwise provided herein. Other items specirically included in this sale: _ N/A - Items specifically excluded in this sale: N/A "• 6. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES. The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: i a) • ~ This agreement is: conditioned upon Buyer obtaining a loan acceptable to Buyer for constructing In`rprovements upon the Subject Property. Buyer shall have sixty {60) days from acceptance of this agreement in which to obtain said financing. In the event Buyer is unable to obtain acceptable financing, Buyer may terminate this agreement in writing without liability on Buyer's part, and all funds deposited shall be returned to Buyer, b) This agreement Is conditioned upon Seller providing Buyer with a Level I Environmental Report. Said Environmental Report shall be on the whole subdivision, and not the specific property being purchased. Upon receipt of the Environmental Status Report, Buyer shall have five (5) working days in which to determine the acceptability of the Environmental Status of the Subject Property. Buyer shall also have the right to conduct their own Environmental Status Report for the Subject Property at Buyer's expense. In the event the Environmental Status Report is not acceptable to Buyer, Buyer may terminate this agreement in writing without liability on Buyer's part, and all funds deposited shall be returned to Buyer. c) This agreement Is conditioned upon Buyer obtaining Conditional Use acceptance from the City of Meridian to occupy the Subject Property. Buyer acknowledges that said lot has a restriction from the City of Meridian as Conditional Use, a~~lyyill a ~$ ake appropriate applications to the City of Meridian for their intended use. Buyer shall haV ~~qq from acceptance of this agreement in which to obtain said approvals from the City of Meridian. In the event Buyer is unable to obtain conditional use for the Subject Property, Buyer may terminate this agreement in writing without liability on Buyer's part, and all funds deposited shall be returned to Buyer. e) This agreement is conditioned upon final recording of the Subdivision Declaration of Covenanis,~ and (/'/~f Conditions and Restrictions for Medimont Subdivision. L' B er is aware that ~ uY Medimont Subdivision has an established Owner s Association. The Association requires an inital setup fee of $250.00, which shall be paid at closing. In addition to the initial setup fee, the Owner's Association will require semi-aru~ral assessments for the operation of the Owner's Association. QCre~a'~'t~C Purchase and Sale Agreement -Page 1 r 9) 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ~ ~ Buyer is aware that fhe Medimont Subdivision requires approval of Buyer's improvements by the ` Architectural Committee prior to construction of any improvements. Further, Buyer is aware of,'and has read the Conditions and Restrictions for the Medimont Subdivision improvements. TITLE COMPANY/CLOSING AGENCY. a) The parties agree that Pioneer Title Company shalt provide any required title policy and preliminary report of commitment. b) The closing agency for this transaction shall be _, Pioneer Title Comnanv .Each party agrees to pay one-half of the closing agency's fee. TITLE INSURANCE. ~elle_ r______ to pay for a standard Owner's or Purchaser's Title Policy premium in this transaction. Purchasers Extended Coverage Title Policy requested O Yes X No. Additional premium to be paid by _ N!A .Title Company to provide all parses to this agreement with a preliminary Title Report on or before .ten (101 working day .Buyer shall have until men f f 0) working dav~ condition of the title asset forth to the report. In the event the Buyer makes written objection to thettitle Seiler shall have a reasonable time, not to exceed _ 30 days, to cure any defects of title or provide affirmative title insurance coverage, and in the event the Seller cannot cure said defects or is unwilling to cure said defects or provide affimative title insurance coverage, the Buyer may elect, as its sole remedy, to either terminate this Agreement or cure fhe defects at the t3uyer's expense, or proceed to closing, taking title subject to such defects. If the Buyer does not so object, the Buyer shall be deemed tv have accepted the condition of the title. In the event Buyer elects to terminate the agreement due to unsatisfactory title conditions, the Buyer shall be entitled to the return of all refundable deposits made by him but that such return of deposts shall not constitute a waiver of other remedies available to Buyer. The final Title Insurance policy shall be delivered to the Buyer by the Title Company as soon as possible after closing. ESCROW/COLLECTION. It a tong-term escrowJcollection is involved, then the escrow/collection holder shall be N/A .Each party agrees to pay one-half of escrow/collection fees. ' CLOSING DATE, On or before the closing date, Buyer and Seller shall deposit with the closing agency all funds and Instruments necessary to complete the sale. The closing date shall be no later than _Anri130. 1998 "Closing Date" means the date on which aN documents are either recorded or accepted by an escrow/collection agency and the sate proceeds are available to Seller. POSSESSIONlPRORATION. Buyer shall be entitled to possession on the day of closing. Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserve on liens, encumbrances or obligations assumed and utilities shall be prorated as of the day of closing. Any, tenant deposits held by Seller shall be credited to Buyer at closing. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of -February 12 1998 If Seller does not accept this agregment within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. DEFAULT. If Seier executes this Agreement, and title to said Property is marketable and insurable and all Buyer's contingencies have been removed or waived, and the Buyer rejects or refuses to comply with the terms or any conditions of safe by the date on which said term or condition is to be complied with, then the Earnest Money shall be forfeited and Buyer's interest in the Property shall be immediately terminated. The BrokeNEscvow Agency shaA pay from said Earnest Money the costs of title insurance, escrow fees, attorney fees and any other expenses directly incurred in connection with this transaction and the remainder shall be apportioned one-half to the Seller and one-half to the Broker, provided the amount to Broker does not exceed the agreed commission.. Such forfeiture and acceptance by,Seller of the Earnest Money does not constitute a waiver or election of other remedies available to Seller and Seller shall have the right, at his option, to bring any action at taw or equity to enforce the terms of this contract or seek restitution for damages including any unpaid brokerage fee. In the event of default by either.of the parties in their performance of the terms or'conditions of this agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the nondefaulting party and in the event of suit the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event of a dispute between the parties as to the Earnest Money deposited hereunder by Buyer, the Broker/Escrow Agency holding the Earnest Money deposit may file an interpleader action in a court of competent jurisdiction to resolve any dispute between the parties. The Buyer and Seller authorize the Broker/Escrow Agency holding the Earnest Money deposit to utilize as much of the Earnest Money deposit as may be necessary to advance the costs and fees required for filing of any such action. TITLE CONVEYANCE. Title of Seller is to be conveyed by warranty deed and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, and any other liens, en~,umbrances or defects approved by Buyer. RISK OF LOSS. Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing by Agreement, this Agreement shall be voidable at the option of the Buyer. CONDITION OF PROPERTY AT CLOSING. Buyer agrees to purchase the premises in as is (existing) condition, where is, with all faults. Buyer will assume all obligations with respect to the premises. Seller shall maintain the premises until the closing in its present condition, ordinary wear and tear excepted, and loss by casualty. The Purchase and Sale Agreement -Page 2 ` ® ~ -~ heating, ventilating, air conditionin 9. plumbing, elevators, loading doors and electrical systems shaA be in operating order and condition at the time of closing, unless othe 1 ~• .INSPECTION The B re 18. 19. 20. 21. 22. THIS IS A LEGALLY BINDING AGREEMENT COMPETENT LEGAL COUNSEL. BUYER AND SELLER ARE ADVISED TO SEEK THE ADVIC,E.OF , Buyer: ~Ilc~izabeth a-,., a.a us_ J _ By: Date: U 1 Buyer's Address: 10511 Albanv o s a 04 Buyer's Telephone: (2081378_1 ~3q3 ' Buyer s Fax: i Seller's Address: 14~orel__~Ive os ~ d 3 Seller's Telephone: ~8f345-7523 Seller's Fax: Purchase and Sale Agreement -Page 3 uyer hereby acknowledges further that Buyer has not received or relied upon any statement or representations by the Broker or Broker's representatives or by the Seller which are not herein e Buyer has entered into this agreement relying upon information and knowledge obtaine investigation orpersonai inspection of the premises. xpressed. The ADDITIONAL PROVISIONS. Additional provision of the Real Estate Purchase and Sa d from Buyer's own . attached hereto by an addendum consisting of 0 REPRESENTATION CONFIRMATION. pages• le Agreement, if any, are In this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER ("agent" or "nonagent" or "limited dualsagent"): Listing broker acted as a(n) Selling broker acted as a(n) In this transaction, the brokerage(s) involved had the followin for the buyer. , "nonagent" or "limited dual agent'7: for the buyer. Listing broker acted as a(n) 9 relationship(s) with the SELLER ("agent" or Selling broker acted as a(n) , ~ e Each party si for the Seller. brochure attached for the Seller. 9~n9 this document confirms that he or she has received, read and understood the A enc ~ i ( Exhibit "B") and has elected the relationship confirmed above, in addition, each a that the broker's agency office 9 y Disclosure UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED review. p ~ confirms THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. EACH PARTY COMMISSION. A commission of BY A BROKER UNLESS -~._ percent f~a/a) of the sellin Boyd Company and Robnett Properties, Inc, out of the first monies received by Seller at the ti ENTIRE AGREEMENT. This agreement, including any addendums o Pexhibihall be split 50/50 between the J. L. between the parties and no warranties, includin ari me of Closing. been made or shall be binding upon either a g Y warranty of habitability, agreementstor represe~ntabons have TIME IS OF THE ESSENCE 1N THIS AGRE MENT.s herein set forth. Each of the parties acknowledges reading and understanding the Addendum (if any) in full. Buver'_~ tnifi~~~ Seller's Initials . F ~x . .o i~ 9 ~ r m a y O 2 ~ i t.. , . _ .. ! r a } d i y~~ d O m r' m o o ~ g ~ a ro ~ r N N O S ro T 2 rr. -T.. 47 ~ ~ m ro ~ T O D m N o A <"~ Z O T r c 1 m 0 ADYANClD PNlCIl/DN OACN/M/N6 Si0KE8R/ORE BUSlRESS PARK ror o/ccrrw/ar ARCN/TlCT 15PIEAST BO/SE AV£NL£-BOISf, IDAHO ?~.lMISICU i i I 1 ~ s s 1 R rl 6 R a~ ,I ° ~I s 0 ~L .E ~~ ,~ ~z a ~ o ~ y ~ 2 i c z' 0 i ®® S Q Y ~ s I~ ,~ I; I ~~~~~~ o •~~~~~ e ~~p~~ ~ ~ ~yE ' L~F~K~ 0 ~?~ 4 ~ 88 w 0 ~' ~ 'w ~~~~~~ ~~~3~ : ~~ ~~ ° ME, s~~~~~ o ~ ~ : $ i° 0 E8~' ' ` a ~~~~ Q ~ a ~~ ~~~~~~ .d•a,~ ~.T J ~~ ~$~~$ ~ ~ ~~~ ~ ~ a ~~~. a ¢~ n ~s t 1a s 3~ N fi~ ~~ LLtiii~ p ~~a:~~a ~ ~~~~~~~ ~~~~~~~ a a:: ~~~ ~~ s ~ ~ ~ ~'t~~~~~ ~~~ ~ ~ c~ ~ ~ ; ~ a ~ ~ ~ a ~ $ 4 ~ ~ ~ a i R :, E. p. a E, F F 1 i ~ ~. ,~ ~. 1 a f ~ ~. ~ f r 1 f" j i ~. ~~ ~ ~ t ~ClI? I MO - - - A U K I N S W A Y F. F ~ r ~ C ~ F. ~, ; Y - .._ _ -_ _ __ ___-. _. / A I ~ ,-~_ so _ ~ ~ 3 EDAM , T 3 ~ - ~. R8 ~' ~ `" ~ I 3 m _-. '~, ----.___.. E. PIPER CT. ~ 4 . , ~ -0 0 ° 1 4 5 ! v! 5 o. I j N Y ~ 6 ~ ~,. R ~~~, RT ' . , ~~~__ 2gr 3'~1 J~v` ~ ~- i~~~~~~~~~~~~~~~~~~~~• ~+G,q F'LANNINC ASSN. FEB 1 2 1998 RT ~~ I r' h ,, ~4` 7 f r R1 f I f _ { _ ...._ _j, -. _ RT ,~ ~g .`'~~~ ,~...:. f r ~. E i ,;. , ~ d ! MERIDIAN PLANNING & ZONING COMMISSION MEETING: '- APRIL 14; 1998:. ~ f: :. . ~, APPLICANT: NICK BRACKUS - AGENDAlTEM NUMBER: 3~ REQUEST: CONDITIONAL USE PERMIT FOR A HIGH TECH MACHINE .SHOP. AGENCY COMMENTS CITY CLERK: ~ SEE ATTACHED MINUTES FROM 3/10/98 CITY ENGINEER:. CITY PLANNING DIRECTOR: ~ .~ r. F. CITY ATTORNEY: SEE ATTACHED FINDINGS OF FACT AND CONCLUSIONS OF LAW , CITY POLICE DEPT: a., CIIY'FIRE DEPT: ~ ,~ E - CITY BUILDING DEPT: ~ , MERIDIAN SCHOOL` DISTRICT: MERIDIAN POST OFFICE: ~' ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: y NAMPA MERIDIAN IRRIGATION: +' SETTLERS IRRIGATION: ~ IDAHO POWER: ~ US WEST: , ,> INTERMOUNTAIN GAS:. ~~ „ 1 BUREAU OF RECLAMATION: ,, ~ ~ ~ > OTHER: All Materials presented at public meetings shalt become property of the City of Meridian: , E` < h Y ~: ~" { f Meridian Planning and Zoning Commission March 1D, 1998 - i Page- 31 ~ +~ ,~~ _ ,~ Johnson: ~a Okay, and we appreciate your testimony and everyone else that tested this evening on this application: At-this time, l'N close the-public hearing.. This is a preliminary plat. It does not require Findings of Facts and Conclusions of Law, but it does require a recommendation. Borup: Mr. `Chairman, I'd move that we~would recommend approval of,this preliminary plat. - ; Maccoy: ,Second. ~ ,. ~. .~~: ~' Johnson: We have a motion~and second to approve the preliminary plat for Thunder Creek Subdivision by Meridian Land Development Company. AI( in favor? Opposed? MOTION CARRIED: All ayes. Johnson: I'd .like to take- about a five minute recess. FIVE MINUTES RECESS. ITEM NO. 7: PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCT A a ' ~: ~ ~~ 13,250 SQUARE FOOT HIGH TECH MACHINE SHOP BY NICK BRACKUS: Johnson:. i will now open ,the public hearing and invite then applicant or the, applicant's representative to address the commission. and be swum. ,. RAYROBNETT 1011 SOUTH STAR~ROAD, STAR WAS SWORN BY THE CITY ATTORNEY. > k Robnett: Our proposal tonigtt~is to as you can see there construct a warehouse in a newly developed subdivision. And I think one of the main items of order tonight is to kind of clarify'or help you understand what kind of a machine shop we are going to put in. I've taken some pictures of the inside of that. With your permission, I'd like to hand F - those up. ,~ ,_ Johnson: Certainly. ~~If you vwould start up here. . k v Robnett: Also; I have just a few pieces I'd like to set out here, and if you would like toI see any of them, viie can -that are the type of things that they do machine. They -mean nothing to people like'you and,l. They are just part of laser machines and parts of x-ray machines. They are strictly a prototype machine shop. We would like to make it .real clear that-they do know automotive,. anything like that. Everything as you can see in"the ,photographs there, it's, all computerized. Most of their machines are all'i-un by . • compl~ters from a central .computer station. I know some of the issues are withtraffic in the area and noise. ~~ I know night deliveries, a quasi residential commercial area are not r ~:. ~~ ~b Meridian Planning and Zoning Commission t March 10, 1998' t Page 32 i~` acceptable. There is none of this: There is no truck terminals. There's no loading y docks. We're not showing any trash enclosure there. If you would like us to, I guess we could build one. Alt of the stuff that they use in#here, and their machining and their plastic and their metal which is primarily aluminum or brass is all recyclable and so they keep it inside. They have no big trucks for delivery: They a little truck for taking stuff to United Parcel, and then they use the United Parcel to pick up there. I've known Nick and Betty Brackus for about ten years. I've noted their operation for that- long. I find them to be - all we build is small commercial. buildings. And i find them to be probably, one of the more compatible machine shops or small business for an area like this. , ~' ~, Johnson: Okay, thank you very much. Any questions from the commissioners? Maccoy: I've got a couple. I'm familiar with some of your machinery in there, so I was kind of interested. The pictures are a help. I would assume from looking at what you . ~ have up there for' items, do you have = - I shouldn't even ask the question about =you probably don't use oil for your lubricant: You may have a soapy solution for your lubricants or something. What do you do with your waste fluids? Robnett: I've heard them talk about the lubricants that are in the machines. There is no oil cans. Most of these machines as you can see, `the doors close, once the mechanism starts and they do have an oiling solution, but I don't know. Maccoy:• _ Is it recyclable? Is it self contained?~ a Robnett:. Oh yeah. There's no laze where oil gets on the floor or kind of -there's no z floor drains or anything. Y Maccoy: Okay, no floor drains. All right. Robnett: in fact we are going to epoxy these floors. There'll be a light~gray epoxy, and this place is kept -:will be kept like a hospital inside. It''s more like a Hewlett Packard or ~. . a Micron operation. Maccoy: What about your building construction. What are you using there? Robnett: We are going to use block construction. 8816.block. And I apologize for not having a more descript front elevations, side elevations. We will provide those for you.. But we are going to use a split face block on the main, the part that will be the two story. That will have the office in it. And then.using a fluted block to create a nice looking :design. Real comfortable... We're going to use some hips on.the roof to soften that effect. But I do have some pictures that I brought of building that we have .built that will be - you can take certain components from-them, ..and they will be similar, but I would like to just present to you at the next fiearirng a goad elevation. °~. -,: ~° ~ .. .. ~ ~ ~ Meridian Planning and Zoning Commission ~ ~ r Nlarch,10, 1:998 t t ; Page 33 ~ k Maccoy: You are leaving your exterior in natural color like gray block. Are you going`to ~ ` paint it? Robnett: Yes, we are going to leave if in gray block. If we paint it, it.will be as-close to the color of the block as we can get-except for accent colors and some striping on the building. Maccoy: And your roofing will be what, metal,~wood or what? Robnett: We are going to use an architecfural shingle on the roof. It will be a :pitched roof. ,~ Maccoy: `And color? ~, C Robnett: I'm sure it will be along the gray tones; and I'd be happy to.provide a full color , ~~~ board for you on that. Maccoy: We would. like to see that. What about fire protection, internally? Are you + going to have sprinklers throughout or are you required or = F Robnett:. We haven't discussed in depth with the. fire department yet. I think in size and setback, we're probably not required. But we will - a Maccoy: Well, 1 was worried about the flammable material inside your place. , Robnett: Yeah, there just isn't any. The oils are not flammable. They are water ~ _ soluble. They have-I've looked in there: They have a small locker cabinet that's probably a 4 x 8 that they do keep any kind of solvent or something for cleaning up. But they just don't have any Maccoy: So you 'really don°t have any explosive issues at all. Robnett: None. Maccoy: By looking at your material here that we had received, I didn't know if ou h ~ - any magnesium and some of the things - r y ad F Robnett: No, I mean their main materials are the plastic, aluminum, and brass that they make,these, and then they do the anodizing is sent out. You know and the noisiest ;a piece of equipment they have in there is their air compressors. And we plan on building- s special room, and.they are not a abnormal air compressor.. They are just a regular air compressor, but this is just a quiet environment that they work in. Y 'Maccoy: I was going tr ask you about that too.` So you bring up a good point'there. ~,: .~ - ~~ ~ r. I9 ~° r"$ Meridian Planning and Zoning Commission F March 10, 1998 ` e Page 34 ] J R Robnett: You will not be able to hear this operation. standing outside'the buildin m the ~ y 9~ ~ parking lot. Maccoy; I+was just looking. at that being a block building, if you are working inside of a place tike you. show these~pictures here, you'd have to have it pretty well quiet`because people could not live inside of a reverberating building with a lot of noise. So I would' think that you - if you had compressors, which I'm sure you do, you would: probably have to have enclosures which are built just for that. What about handicapped parking? Robnett: Well, we will provide adequate, and we will meet,all .the ADA standards, and we are well aware of that.- ~ ` ~. Maccoy: You've read the material-that was turned out by,- (End of Tape). . ~ a Robnett: ... we thought we would wait and get the application,. but thinking of something-made out of the block, same as the building for the base maybe being a-two courses high and then a-sign, maybe total sign being three foot`high, and it's a monument type of sign. It's advanced precision machine. They would be happy with that if commissioners did not feet that was good. Although it is an industrial park - business park. They would be happy to mount it to the building. Their people and their ., orders are not drive by orders, finding the.place for United Parcel, identifying the place for the fire department, just monument sign doesn't take much. Maccoy: Well,, you.will be~submitting your sign anyway to the sigr`committee so I'm sure we will have no problem there. What about lighting of your outside part of your building? ~ ` Robnett: We've talked a little bit about that. We are going to light the front of the building up and the parking area to some degree. We have residential right to the east of us so there's areal concern that we don't over power that with lighting. There is really not much need: They keep no vehicles outside. Their dumpster are in, everything is inside fhe building. So we will need lighting just for the parking. lot area for-. people working'there. ` Maccoy: So you are wel( aware of -you are sensitive to the fact that non glare lighting and - ,Robnett: Oh,. absolutely. This lighting will probably be mounted toGthe building with a direct shining down is the way we've usually worked-with that. It's more effective for-the parking areas'and just lighting up the building and not the general area. Maccoy: ,Okay, I'm going to pass for the time being: Johnson: Thank you. Anyone else? ~. f Meridian Planning and Zoning Commission ~ ~ . March 10, 1998 , - ' w Page 35 ~ ~ ., ~, ;.; Borup: Just a couple Mr. Chairman:' I.assume by your other statement on the lubricant ~ u- ~ stuff, there are no chemicals used.. Robnett: No, sir. Borup: .., in the manufacturing. Robnett: Chemicals.being chemicals out of the ordinary: ~ ' ~. S Borup: Yeah, I'm not talking about cleaning solutions and stuff like that. .~ Robnett: Okay, yes. That's`pretty general. .. ~ Borup: Yeah,-:but-it's not a - . a Robnett; No hazardous. waste. Borup: Right. Are you° looking -for hours of operation, are looking at one shift o~ they looking at night shift? . Robnett:-They run like a~swing.shift. I can't tell.you tte"exact hours on it. i knowthe swing shift, I think it comes on at 3:00, so you can do the math on that and guess. Andj1 don't know if that's just in peak production times or aIC the time. x :Borup: So normally don't run 24 hours: ., Robnett: Oh, no. You wouldn't know it if they were though outside of their going and leaving. Borup: That's' all L have. Johnson: Mr. Smith. ~ Smith: I guess 1 was kind of disappointed with the` content of the elevations. n Robnett: And I apologize for that when I first got up.. Smith: Do`you have any idea what~the over all height of the building is going to bey Robnett: At the eve height, we are sixteen feet. _ , Smith: Is that in the center portion of the building? ~~ Robnett: No, the center section of it is s venteen, four to the eve height: ,, Meridian Planning and Zoning Commission ~ ~ a NParch 10, 1998 ~ ~ ~ °- Page 36 '# ,. ~ ~ w Smith: That s the eve. So then we got the ridge beyond that. Robnett: That's correct. Smith: I would like to see you use something beside composition shingle roof. I just from an appearance standpoint and longevitity, it just maybe something, I mean, I can't make you, but l'd Gke to see you use something besides composition shingles. I thinkit provides a better appearance on the building. And something that would minimize your maintenance,;and that's another reason~why I always ask if the block is going to be painted or left natural, because again, .you paint it and then you got to-keep going and painting it and painting and so forth. But I would like to see more information on what. the building is going to look tike. Heights and materials and it looks tike there's some accent bands of block going around and just get a little more information on materials. Robnett: And I'd be glad to. Smith: Do like what you stated just ~up here tonight about your sign. I think that's very' appropriate proposal for that. Are you going~to have any on-site materials storage ' outside the building? Robnett: No. Smith: Okay. And then there was some staff comments that if I was the applicant would bother me. And I think some of this is maybe just a clarification and a lack of understanding on the City's part as far as what your proposing to do there. The first comment was from the sewer department which said pretreatment will be required and addressed on building permit application red lines. Sounds like to me from what you've presented to us tonight, there should be no reason for any kind of interceptors or pretreatment of any sewage,. and so I think it would behoove you to clarify that with the City. And then the fire marshal stating that the building is going to need to be fire sprinklered. lam kind of surprised that the fire marshal is dictating what buildings need to be fire sprinkled and not, and this is a building code issue, and it's based on what type of building construction you have as I'm sure you are aware. And-what your use yT and occupancy is. And I don't know what the code requires for this type of occupancy; but that'sagain is something I think iYwould behoove you to clarify with and make more clear to the City. Robnett: We have. no problem.. In fact it's.°not a given one way or the other whether we had preferred. to outside of their recommendations chosen to sprinkle the building. In ~ talking to Mr. Brackus, there is one machine in there that costs twice what the building cost. And he's real concerned about alarm systems and safety as far as the equipment goes. We're talking $25,000 to sprinkle the building, and something like that. I'm sure that's not going to be an issue..lf they are requiring. it, that just hastens our decision a ~~ little bit. . ~. ~.. .. E. Meridian Planning and Zoning Commission March 10, 1998 ' Page 37 [,... s #e F ~ - 11~. ~ `. ~' 4. .. Smith: Like I said, that's a building code issue-based on your occupancy type and type ~ ~ - of construction. But again there is insurance considerations and .cost of equipment and so :forth you also have to weigh. That's all Ihad. - ~, Robnett: Now these folks~have waited a long time to build this building. It's a husband -and wife. They've worked very hard, and they waited long eriough that they can put. ~ _ ~- their best foot forward and build the kind of building that they need to`facilitate what they do. ~ ~ . Nelson: I just. have-one comment. As far as the fire sprinkling issue goes, from what I see there, I see some aluminums, natural polys, plastic materials. It's probably a toxic consideration. Even a small fire would produce toxics with those materials. That's probably more of where it's coming from than buildings and occupancies would be my guess. I made that up. Just~kidding. u 3 Johnson:, Anyone else? Any further comments?~ Okay, thank you. We will. give you an , opportunity. to come back if you wish. `' It's a public hearing. Is there anyone in_the audience thaf would. like to address the commission at this time? JIM WITHERELL 215 S.` LOCUST GROVE ROAD WAS~SWORN BY THE. CITY ATTORNEY. Wetherell; I'm sorry your transcriptionist`has quit and you got a new one:. After four years, she's pretty well used to my voice. and can understand what 1 say. I have the ~~ ~r. world's-worst public speaking voice. ~~ j y Johnson:. Oh, tiut ,you write so well. . Ei Wetherell: I do. ~ ~ a` ~,, ~ . Johnson: And we do have your letter dated March 1, but it looks.like it was received at the City March 9~', and so we just did get a copy of that. I assume you wrote this letter. Wetherell: Yes; we brought it yesterday. l'm fie're to represent the quasi neighborhood' that was just spoken about. If you'll check your map which is page four of that letter. This is how close we are to housing. So we're not a residential area off,the distant woods.- We're talking 50 feet between that building and our bedroom windows with .,basically nothing in between. The developer has 'put in - or the development has put in a partiallandscape barrier. But they are only six foot trees. In fifteen or sixteen years, they may give us some protection from light. And this is just barely planted within the last month or so. What~we are going to ask for automatically. is to have this fumed ' down, because it is manufacturing next to residential. We did not have all the information, of course, and a lot of the questions we're asking am the same questions you ~~re asking. What abouffire, what about combustitileszspecially-with it so close to us. What about the weekend when there is nobody there. if it blows up. 1 don't know. 3 l :~ R: ~ a ~_ _ ~` ~ Meridian Planning and Zoning Commission N(arch 10, 1998 Page 38 ~, °' .: i j Do these kind of things blowup. We've never heard of a quiet machine shop. I used to work for. Yanke Machine Shop~and it wasn't quiet,. but we didn't quite.produce the same -things. Some of the questions have been. answered, but I would prefer that they'd be answered in writing. What we would like is a continuation of public hearing with notification. To go through the issues that we've raised in this fetter. And also .we'd like a continuation because we did file suit against the city last July on this property, on this annexation. The City of Meridian replied to us February 27~', so we are now going to judicial review. But I don't care to"pre-suppose what the court is going to decide about this particular property at.this time. So it doesn't do us a whole lot of good for us to ,argue points, which may not be allowed or which may be allowed. For the- record, -for the attorney's record, it is Case No. CV-OC-97042031J. Crookston is representing~the City and (Inaudible) representing the Plaintiff: And that's basically our request for the continuation until we find out more about what's actually being proposed here. There'.is one. major issue we take exception with for starters, and that's the parking lot is next to the houses. In reality the building~under generally accepted standards would be turned to block the parking lot from the houses. Also the drainage shown on the parkingiot is directly into the adjoining property. It's .not out toward the street. Other than that, the conditions are what's it going to be made of? Well, we know it's cinder block. Again we'd tike that in writing as part of our court case. He says there's no outside equipment. That's fine. He says there's no parking by the staff over night. That's fine. He says the hours of operation are ~up to 10:30 like they work at Hewlett Packard for~the swing shift.. We don't think that's so fun. But if the parking -lots are on the front, we can't hear it. So we're asking if this goes forward to look at that redesign on`the location of the building: Would anyone. have any questions? Johnson: Oh, probably we have-some questions. Just generally have you had any communication recently other than written with he developer at all or the owner of this subdivision? Wetherell: No, we haven't spoken to film-since October of '96. Johnson: Okay, ° I thought there was a problem there as I recalled before- that you ~ people didn't necessarily hit it off. How did it come to be that you built so close,to the property .line or did the property line get established later or what's the history there? Wetherell: The property line is on the. side of the hill. Our houses are at the top of hill. Also we had an incredibly high water table, so we were required to move the houses up out of the water table to prevent flooding. Johnson: And how many residences are we talking about in nurnber~here? u 4 d~ ,~ ~' s Wetherell: There's six houses along the one side, two on the other. Six on the east. Two of those houses are in favor of the. development because they sold the land, so -they have to be in favor of it. x S~ ' ~ ~ [P5 Meridian Planning and Zoning Commission ~ _ ~ . March 10, 1998 Page 39 }} ~. ~: 1 Johnson: So the signatures on this letter which are what, three? . ~ ~~ & Wetherell: Three households. F ~, Johnson: And those represent three of the four households? ~ ; , Vlfitherell: Yes. u Johnson: Okay thank you: Any other;questions? Prior.- I'd"like to know the nature of the lawsuit. I'rri not familiar. Mr. Crookston'didn't informed me `about any pending lawsuit obviously. So I'm at a bit of a loss. What type ofi remedy are you trying to - s 9 Wetherell: We're asking for the public` hearing. Prior: In regards = ~ ~ { u :~ Wetherell: Judicial, review, I'm sorry. Prior: Of what? What are you seeking? Wetherell: Of the development agreement. I~don't~ know. I hate to say this. The attorney said don't even talk about the case. So I'm not sure what all is involved. ~, Prior: And the attorney-represents you, sir? e . Wetherell: As a group suit. He represents about three households - Prior: He represents the three households that signed this agreement, so that's who? And you don't know the nature of what you are trying to seek with this lawsuit? ~ ~~ Wetherell: We're asking for the protections that were -- this is going to sound funny - asking for the protections that were given to us by Planning :and Zoning last -year, which was - - Prior: What you are trying to do is you are trying to enforce a development agreement; is-that what you are saying? i Wetherell: We're trying to get modifications to-the development sagreement, yes. Prior: Oh, are you trying to get modifications or are you trying to enforce the present development agreement? °~ __ ,... -~ . ,~ Meridian Planning and Zoning Commission- 4 March 10, 1998 Page 40 ~ WitherelL No, we're trying to get the modifications to it. When the plan went through` . ~ here last year - -when the plan of the plat went through, we agreed with the Commission who argued well that you can put some light in the street, that's what it r says in the Findings -next to residences. They will blend under the Comprehensive Plan. But you said in your Findings of Facts that there could be no intrusion on the residences whatsoever, and that was fine. So we went to City Council and said we like these Findings. We°agree with them. By the time it was done, they had thrown the , Comprehensive Plan out, and so there .are no longer any rules. And then they put the burden on the development agreement, which then, puts the burden on to the C.U:P. '~ process.. And we did have the one right to exercise left, which was the judicial review. Prior. Could°you give me the case number again. Wetherell: Sure. The only. reason I brought that was to validate it because I'm finding out a lot of people hadn t heard of it. CV OC 9704203D. z ,. Prior. Thank you. Johnson: Anyone else have any questions?. 1 Borup: Mr: Wetherell, I'm sure from previously that you realize some type of business was going to go in here. Wetherell: ,Yes, we talked about warehouses and offices. Borup: Well, l guess my recollection is a few minutes ago you stated industrial. Wetherell: It was said some light industrial would go in there. Borup` Okay. After hearing what type of business is going in here, you still feeling that you would rather see;another type of light industrial with a lot more exterior usage and storage,. etc.? One of the -some of your testimony from previously seems to contradict what you are saying now, and before you wanted high wall. Now you're talking about putting a building there with no windows screening your property,.and now you dori't like the high wall: 3 WitherelL• I don't like the high wall? Borup:Well, they are talking about -well we don't have~that south elevation: I'm assuming it's. probably going to be pretty much -just the wall of the building there. Really I think my~question was you know something is going to go in there, and ` Wetherell: Yes, that's what we are. sort of asking the court to decide. a €r r °~ ~..- j y e.- . ,g Meridian Planning and Zoning Commission March 10, 1998 ~ -° Page 41 a s Borup: But you still. feel there is other industrial light manufacturing business that would h ' be better than this one apparently. ~ ~ ~: ~ ~ ~ ~ ~..~ f Wifherell: As long as the case is (inaudible) see Ican't-have an opinion. Borup: Pardon? I `Wetherell: As long as the case is sub judus, I can't have an opinion: See, that's like a ~: guessing the court. a Borup: Okay, thank you. Smith: No, but I wish I had more time to really kind of delve into the what the content of Phis letter was, 'and we just haven't had adequate opportunity to do it. I ~. Johnson: Right that was not in our boxes. We did not get that letter'until - ~' pp Wetherell: And we_apoiogize. We delivered it yesterday morning. Nelson: I don't have any questions. ~ ~ F t Johnson: Okay, thank you very much. Anyone else would like to address-the. "' commission at this time? s ANN.WITHERELL WAS SWORN BY THE CITY ATTORNEY. ~ A. Wetherell: Gentlemen, this sounds like a very nice machine shop.. But it is in a sirgfe,, story` neighborhood. There's. only.one two story house "there. It's going to be almost thirty feet high, and it's only going`to be a fewfeet from our bedroom window: It's-too high, and this is only`the first thing that has been proposed. INe did ask for the protections that the Comprehensive Plan would have granted us had the City Council not thrown it out and told the developer that he could in effect do whatever he wanted. This is just the first application. There are going to be-more. This does set-the ~ ' standard. If this is the height that it's going to -that the other buildings are going to be and the development agreement restricts them to 40-feet, which is the maximum ~ ^ allowed under the ordinance. In fact, it's not restriction at all. So that's why we would asK that you wait until this judicial reviewYis over to proceed further.. We really do,-need to know what the court is going to say about this, and we won t know for a while. So,we~ do ask that you delay action on this application. Now if he could just make it smaller; and not 30 feet high in a single_ story neighborhood, .please. Thank you.. Johnson:, Thank you. Any questions? ~- ~ ~ Borup: Just one. Is there an t ,a - a y ype of tim_.,frame on this judicial review? ~ ; 4~ ~ Meridian Planning and Zoning Commission ~ March 10, 1998 Page 42 1 Wetherell: Ask the attomey. ~ ~ 1 Borup: Well, the attorney isn't here. ~. _..Wetherell: I'm not an attomey. I've never sued anybody before, ever, ever, ever. It would have been nice - L Borup: In other words, you have no idea. ~ Wetherell: I have ro idea. The City responded to it on the 27~' of February. We filed suit in July, and I don't know, suing the City of Meridian these. days,. you almost have to take a number and wait, so I really don't know. Johnson: Thank you. Is there anyone else that would like to come forward? Yes, sir. 'JIM BOYD 9272 CHEL4N AVENUE, BOISE, WAS SWORN`BY THE CITY ATTORNEY. Boyd: My'name isAJim Boyd, and t re resent the develo er, p _ p John Barnes, and 1 just wanted to clarify one small item, because I had spoke with Mr. Bames and wanted to - I contacted last week Mr. Wetherell `to -for myself and. Mr. Robnett to meet with the Witherells and those that are affected in the neighbor to have a neighborhood meeting to let them know what we communicated to you folks tonight, and what Mr. Robentt's communicated to you and to answer any speck questions they.may have as to the u'se and the building and those aspects of it, and Mr. Wetherell tumed me down due to the fact, in his .words, that they were suing the City of Meridian. So, therefore, we did not 3 have a meeting so he was right when he answered the question that had he talked with the developer, the answer no was`con'ect. But we did offer._ That's all I have. Johnson: Any questions of Mr. Boyd? Thank you very much. Anyone .else? Anybody that hasn't testified because I'll give you an opportunity. ~Mr. Wetherell. Wtherell: I just wanted to rebut-that fie did call. It was on Thursday night. We have been instructed by - we. have been specifically instructed by the attomey not to negotiate outside of the judicial process because this could prejudice our case. That's why he was turned °down. I wish we didn't have (inaudible) type thing. Other than that as-1 told him, he left this part out, had it not been for that we would have loved to talk to him. Buf I've got to make that point perfectly clear: It's not "drop_dead fellow." ~ : ~. Johnson: Okay, you made your point. Anyone~~else? Any comments from staff? Any :; further discussion? ~„ a ~; ~ ~, .. ~ ~ ~ ~, F + ,~ a } R Borup: I had an additional question for Mr. Robnett. . ~ Johnson: Mr. Robnett, coul~J you come.up to the podium again, please? Thank you. , ` ~ , 4 2 f9 F[ F • Meridian Planning and Zoning Commission ~ - ~ ~' ` March 10, 1998 ~~ Page 43 j' I Borup: Question on building~design. You stated-that, you know, tnro story structures in the center. of the building - Robnett: That's right. Borup: Seventeen feet there and then the single~story, sixteen foot on each end. • } Robnett: I said sixteen, it's fourteen. Correction please. I ,Borup: Oh, okay. Just getting shorter. Before I thought the building was getting taller. ~ ' The question I had-was on.you said was going to a hip design rather than gable. Isahat on both ends?~ Is that a redesign from' what we have? Robnett::. Yes, at the meeting. with~Jim Boyd and some of the recommendations to make it more astheically pleasing -being the frsf building going in to this project, he wanted me~ to assure him-that it was going to look good, and he suggested the hip roofs.° We had planned on doing the hips on the front of the building and not on the rear. However„ if it would soften the look, which it would, we could do the possibly redesign and do that. Boru :That was m t } P y question, you°know, was it like aT412 pitch or do you know? Robnett: Well I kind of-did the same math you-did. If it was a 312-and your sixty foot wide there, we would'be what 90 inches to the peak? Something like that. Borup: Yeah, I didn't finish my math. I was thinking`-. ~ ~ , Robnett: So we would,be somewhere around there, but you know the tall part, the thirty foot high, it would be seventeen or twenty five feet high on the tall part of the building which is in the middle of the building. And the building is not righf up.to the rear ' property line -which adjoins these' folks. Borup: Well that's what:,) was trying to get clarification on.Right now the building is .sixty one feet from the property line. Robnett: That's correct. Borup: So you are looking at a~fourteen foot wall that's sixty plus feet from the property with. - ,Robnett: Plus the roof. ~ -~ 4. Borup:. Plus the roof, with a hip roof, that's all the flat wall would be showing. Or with' the gable you sre talkic~g - ., i Robnett: Even. with the gable, you're - w ~, ,F ' ~~ ~- , 3 ~ ,g ° ~ ~ t ,Meridian Planning and Zoning Commission ~ " ~ ~ ~ ; March 10, 1998 { Page 44 ;. Borup: ~another~eight -seven and: a half. ~ ~ ~ ~ `' Robnett: Yeah; but that peak height wouldn't change. It's just that instead of being back a little further, it would be right there at the end. But yeah, I don't think it's,.. I mean it's portrayed as being a big offensive tall building, but I don't think that's and could partly be my fault for not having an adequate elevation in here, which I would be more than happy to have, and I really ask you to consider not postponing this thing any more. By the time we submit for our conditional use and then'our building-permit if we start m January we can have them in before we hit bad weather the next year. So there's the building process - , <I k Borup: I just wanted some clarification in my mind on that building height. Robnett: -Okay. . _~ Smith: Just a quick comment. This just reiterates why good documentation is necessary to present at these things. because then you have something that everybody- , can look at. The information's all there, the heights,_the~materals, you know distances from property lines. All of that business is right there. There's no confusion on the neighbors' part, fhe applicant's part or the commission's part as far as what we're looking at. And 1 strongly encourage you that when this thing goes to City Council, .you p ~ ~ A have those materials there, because there's going to be the same individuals that -you know,~going through the same issues all over again. So, just a recommendation, I guess. . Johnson: I'd like to ask one question. Was there any consideration given,to any of the lots in your derrelopment for this particular applicant? s Robnett: As far as location? Johnson: Yeah,,l don't~have a - ~.~ ,;; Robnett:. When I `was talking to Mr. Boyd regarding just a lot for Nick and Betty Brackus, .and it~ came up in the conversation .that I said, look I've some. people, gave the nature of the business. He says I've got a lot that requires a conditional use, but~it's got to be extremely low profile. This is all. I've done, especially for the ten years is this kind of business, and I told him I have one of the best I've ever had, and if there's ever a - ~~; business that would be compatible, and I hate getting in the middle. 1 mean I'm applying for a conditional use for a building and it sounds like there's a battle going on~ here with the City because you guys approved a subdivision,. and I hope that -it's already-approved, platted, recorded and it's done. My~application is just to have the building.. there, and I think the applicant in what IimR}ed thing we have .presented tonight - shows that it would be compatible and that 4'e could meet any requirements. We're not going to turn the building sideways so they see the back of -the building. That's not the C: Meridian Planning grid>Zoning Commission 'Mardi 10, 1998 Page 45 :highest and best use°'of;the land.. We've changed it `around some. already, aril in designing, we~have"taken into consideration, you know, that we are~in a residential ~ There's: a lot of footage in the back there as .you can see in space, and so we've you know I think we've got something that would be very compatible for that area: The other hing with the~fire issue"and stuffwith the sprinkler's and what if it blows up. I mear`what if Fred Meyers blows up. There's nothing in there that I haven't pack in here in my '. to some degree or another, and they will take precautions that -you know, there are no 'explosions, but they have no hazardous waste. They have no nuclear components' They simply are machine plastic and aluminum, and they don't use flammables. They a're not in any way a' nuisance: If you~had a fire'in there, it wouldn't tie anything that theE fire department would fiave to call special~squad in-.because of barrels of this or barrels of things that were you know what you' would term hazardous wastes. So anyway we can work all that through with the fire department. So I would ask that you don't table it. ~ ,y ,~ Smith: I don't want to beat a dead horse, but now I'm confused. First, on one hand~you~ "said "no hazardous waste" and then you just refer`enced~if~ttere was a fire; the fire ~ ~~ department ~nrould'bring in a°special team because there might be - a .Robnett: Would. not have to bring in a specialteam. - '£ " ~ Smith: ~ .- ~ _. ~ ~ ~. Oh, okay: Sorry. It's passed my`bedtime. E Robnett: This~is just a normal high tech machine shop, so we would welcome your ~ F weapons inspectors when it's done. .Johnson: Yeah, we need the pictures back. Will-can make those part of the record+ x Prior. L~have a uesbon for<Council: Considering the q pending -.considering the ,.pending-well; Ghat doesn't make any difference. Everybody inthis -room can sue us if they'd like to. It makes no difference to us: -~No, it°doesn't make any difference. He has an absolute right to go ~to judicial review to determine if something like that has been ` ~_ done. We`have an absolute right toproceed with -this if we decide we want to proceed ~- with this. If he~doesn' like thaf answer, those folks°back there have a right to try #o getF some type of injunction against to stop this from going further. But I would assume that ~ -well; I'm not going there. You folks, -the commission has every righf to do whatever they want to tonight. If they decide theywant to table this, they can absolutely table this, and we can .continue this public hearing until I can get a clamcation on the status 'of this case and find out where it is. If that's not their preference, heycan request that ~ the Cit Attome y y prepare.Findings of Facts-and Conclusions of Law and those will be submitted to you the next month.. Obviously this shouldn't have any bearing on your decision: Whatever you folks fee comfortable.- Once again you folks are in the dnver's seat: Thank you. _ ...~ ... _ ~ a e. a ~: e Meridian Planning and Zoning Commission March 10, 1998 • ~ Page 46 ~ 1 .Johnson: Thank ou for our comments, ~ ~ Y Y Mr. Prior, verbose as they~may be. Anyone -else? Okay, i close the public hearing at this time. What would you like to do ` F commissioners? . • Nelson: I'd like to make a motion that we have the -City Attorney prepare Findings of Facts. Borup: Second. ,~ ~. , ~: ,~ t_4~ ;. Johnson: I have a motion and a second to have the -City Attomey prepare Findings of r Facts and Conclusions of Law on a conditional use~permit for a high tech machine shop by Nick Brackus. All in favor say aye.. And opposed? MOTION CARRIED:. All ayes. ITEM NO. 8: PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCT A i -NEW CHILD ,CARE FACILITY BY SUSAN EHTESHAMI ` Johnson: At this time I will open the public hearing and ask the applicant's representative or applicant address the commission please -and be sworn. And then school me on how to pronounce your last name. Prior:. I'll try not to be too verbose. JOHN COOK WAS SWORN BY THE CITY ATTORNEY Cook: 1 represent Susan Ehteshami, and we're looking at developing this parcel in conjunction with Gray Wolfe. who is the owner of the parcet. The applicant will be developing a .plan and the building which they will be leasing from the owner of the " property. We are proposing to develop'a facility here for child care, 80 x 80. In your original docxtment, you had a building that was 60 x 80; and we submitted an amended building floor plan, elevations, .and a site plan. On'the site plan, included several revisions after we got into a little more finite design with ACRD. It was important that we realign the street that's been proposed by ACHD,.and their curb cut along Franklin:. a We're`aooking at a child care faciNty that vuould have children to account up to 150, which they are going~to go for°a licensure. They are looking at a staff level of 10. The' hours of operation are 7:00 in the morning until 6:00 in the evening. We're looking at a structure which would be wood frame, ,roof crests, stucco finishes. Basically,a dreamland character, which we've given some study elevations we'd like to propose. We're looking at building height would be at 14'6" at height, and there'd be conical comer features in the design format have basically a roof material probably shake to go along with pastel colors in-the facility. We're looking at designing the site to accommodate the adjacent~location placement nex# to the subdivision to the west. We are.nr•~w proposing to put a screening. of a very tall juniper ty;~e~of shrubbery throughout the site. We would like to also add the trees~that we've got shown, some shrubbery in 4 ~ r ~- . ~ z. ,, ~. - ' ~. tea,. '; •~ :-~' .. .d' ~ 1{'.. -.:a &`i..:.Ry .may "' Ag ='^fs R~c~~ D MAR r 1 7 1998 ~- S.. . . > ,.. _~:, . _ . ~ . :.~ ., MERIDIAN SUSAN S. EASTLAKE:`President.rr ~A~._.. k ,~ ~• w ° e .. ..., ~ ,. ~ ',, r : .,m . .,- ~ ~ 7 G *,y ~. _ ~ ~. ,a , GARY E. RICHARDSON, Vice President a `' SHERRY R. HUGER. Secretary ~ m r< ~....,,~.~. ~ ~ ~ ,~ ~ ~F ~ ~P w ~. ~ ' ~~*w~ „~J y .x y , ' ~. , x_ nMarch=12;,1998' -~~..~$~~ ~• ~~. ~ r ,, -~ j ~ . ;~ k, '~ ~ ~ ~„ {.. ~`° ~; ._ .~ ~~ ~ ~ _, _ ~, ~.. ~ ..t. t~..._ ~ .~,~ . _ ~ , ~ ~ ~~ _ _~,__ ~, i° .,.,;~a~ ,r ~ _ _ x ~;, Nick Bracku`s °` ,. ~ • ~ ,~,a I0511 Albany3_ ~-,~, d r ~:~ ... ~ ~:~ ", -,,. ,~'.'F.:~,~. _ ~ ; ,~ ~ ~ . ,,s:.. .~ , a ,.Boise,+ID. 83704 b ~~ ~ ~- .;~ ~ .. ~, .:~ -f t~ x, r a ~"4' Re: --Staff°Level~ Approval,a .. ~ ~~~ -_`:~ R~Y-~ ^'° ~ ~ ° MCU-04-98 e/o Adkins Way-s/o Franklin Rd' '~~ ~~ High .`tech machine shop ,. i. - .x a. # ~ w.~ .. .3't. e 3 .'.e.#sry,. `~1.~>-~ , sf ~. ""C.{~~'t. e '~~ ~,d~ ;;L" ~. ,.':'k s y. c ,. ~~ ~ ..~ _' Facts and Findings: ~ ~ ~ .:~ ,~ .. ~~~ ~, , g. .. E . ,r;. ~._ - 4 ~ ~ ~ ~~~1 ~5.:, . i ate.`... .. A~ The Ada,County Highway District (ACHD)''staff has~reviewed'the~above referenced` _- =-r=; a> application'requesting conditional-use approval to construct a 13,250=square`foot machine' ~•• ~ shop. ;.: The 0:97_.-acre °site is located `on `tYie east `side ~Adkms Way, approximately 550-feet south ' of Franklin Road. ;This. development'is ~e`stimated'to„tigenerate 80`additional veh'icle` trips per daybased on the Institute of Transportation`Engineers-Trip Generation manual. `~- ~" ~~„ ". ~.. "~ Ori~January' $; 1997, the~Cotnmission~r"eviewed=and~'approved=lVledimont Subdivision, a 18 blot - -~tindustrial subdivision on 26.11-acres.""The subject-site{isilocated in;Lot 6, Block 2 of r ~` ;~~Medimont°Subdivision ~' ,.~.. ~~ .. l~~ T ~. -„ ._.~ ,Y B -~~~~, The~application.and site plan.stamped as"recerved 6y'~Meridian City on February'181998 `and ~° submitted:°to the District'on4February-19; 1998; have`been eviewed by the ACHD~Planning .a .and Development staff and"confoiris to~appiicable`Distrct standards/policy, or can be'made to conforrri with the change(s) to the plan described in the requirements statedF below. E_ f t . a ~ • • ~~ .:~~,~° This~is~ a staff level approvah and will not"be ~fieardaby the ACHD=Commission "unless the site plan is changed in such a manner as to not conform with District standards/golicy`or`an appeal of the Development Services staff decision is submitted as described within the Standard ~ .~ ..z-b Requirements °outlined;below:" ~ ~ E ~~~ _ ~~°~~ ~~ '~ z ~ ~l < ''• ~ ~ s~. r - ~~ _ Y9~ ~... r =., • '~ ,. ~ ~ '~tF I.4 ..t ~ 4~.--~ '~~.A~. .^E` ,x r~;~ ~ s{~'~ 7 .4 :f, .r ,~ &. r'~ _ .m..1~.' n eo, 5 ... }1 d . The following requirements are' provided as condition`s'of approval to'Meridiian City: °P' :;.:Site. Specific;Requirerrients: <~_ , ~F E_ , , :t~ °~~'a .~~i ~_ ~, _•; a ~ ~ ~:,,' ~~ 't~ ~.. °~~~ .tom }h 1. Utility street cuts in new pavement less than five years c?d are not allowed unless approved yin writing by the District. Contact Construction Services at 387-6280 (with file number) for details. ~ ~~° ' .- ~ ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 387-6100 ~: a ~~ ~ ~ 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. 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. 8. No change in the term`s 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. 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 VICIIia~' impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387=6170. _ . .- ~.. .. ,_ .. Sincerely, rry S e Plann~ g and Development Supervisor cc: Project file ~ ~ ~, Lead agency r .~ M000498.SLA Page 3" ? 1 ~ 4 :k~ -,. r t ~` ~' ` ~"+'•~i1~4•~+hiii-~•+-~i14ii:4."~'n,~„~,.~yt "4' R N ~. rN ' ~ ~ ~ ~ fix .. ' .. ,~* -- ~ • ~,~n ~- T~ ~ ,:. ' •---_~.. E. Pi PER CT. ~ q ~ ~., ,.,,. ~ + n .a N r:~ 1 ' I ~ • y '~ M v 4 ~ ~ r u r t a ,• \ ~ ~ ~ ~ ' # ~ ~~ F ,• f ail ~ °, 7+ fll ~' ~ti: a4 fi, ... ~ ~~ ~ ~ 1 ' '~ i ~~ 2 r ~~ 3e, ~ ~ N ~# ,~ ~'' . ~c~ mo'''o : .. ~ -. . =_.._ ~.,~'~ . ________________ •..i.-.. 1 ~'!-i'iir-~„iiiii+-~r.-+~i~F~4i~Fi ~ t„J ~ ~ J ~, ,p. r ~ { ~. • l~Gh PIAfVNlN6 A~~N. ~ FE812~~99$_ fi ~ ....... ~.. ye .. .. `_ 4 ` `+~ r _ ~ ~ ~~ ~~ . ~. .. ~` , r ~. ~ ~ ~~ ~.~ ~/y~ ~ ~. ~, ~ e a $~ 'a , i ~. E E a ' .k 4 ~ ~ y s ~ ~ M Y ~ ' ~ O ` ~ I 4 s ) I ti { .-~-m, ,..~..~ I ~ O ~ Z ' I ' r f ~ ~. ~ ~ ~. _~___ ~ ~ ' .*._ i' I ~ !. ~ ' ~~ , .-a 4 ....., I s •~ _s ~' J -_~ i:_ _ ,1 e MERIDIAN PLANMNG 8. ZONING COMMISSION MEETING: MARCH 10. 1998 ~ ~ ~ E APPLICANT: NICK BRACKUS AGENDA ITEM NUMBER: 7 + B' p REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT A 13 250 SQUARE FOOT HIGH TECH MACHINE SHOP NW '/. NW '/. SECTION 18 T.3N. R.1 E AGENCY COMMENTS CITY CLERK: CITY ENGINEER: - CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: i INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEWER SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the Cify of Meridian. Y SEE ATTACHED COMMENTS 9 REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS WILLIAM JR., City Clerk JANICE L ' • ; .:ay Treasurer GARY D. S, s ~ rl, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNTZ, Parks & Rec. Director DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO .MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WotitsBuiiding Department (208) 887-2211 ~' Legal Department (208) 884-4264 ROBERT D. CORRIE Mayor COUNCIL MEMBERS t CHARLES M. ROUNTREE GLENN R. BENTLEY ` RON ANDERSON t KEITH BIRD I P 8 OMMI ION t JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK NELSON TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by,the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 3 1998 TRANSMITTAL DATE: 2118198 ~ HEARING DATE: 3/10198 REQUEST: Conditional Use Permit to construct a 13 250 s uare foot hi h tech machine shop , BY: NickBrackus LOCATION OF PROPERTY OR PROJECT: NW ~/. NW'/4 Section 18 T.3N. R.1 E. JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P/Z ~BYRON SMITH, P2 -KEITH BORUP, P2 ROBERT CORRIE, MAYOR __ RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT .SEWER DEPARTMENT BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT ~C1TY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT _____ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT _~ IDAHO POWER CO.(PRELiM ~ FINAL PLAT) U.S. WEST(PREUM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM.& FINAL PLAT) CITY FILES IDAHO TRANSPORTAjJON DEPARTMENT YOUR CONCISE RFMaRf~c• /.~JO,--rn~-,~ _- _-,..-_ ,.„ ~ i FFR t a taQa ~~~~o Y ~ V V V CITY OF MERIDIAN s ` i WASTEWATER DEPT. t_ : , WILLIAM G. BEP a, JR., Clty Clerk JANICE L. Sfv~~TH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNT2, Parks & Rea Director DENNIS J. SUMMERS, Parks Supt. SHARi L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GOADON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO . MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208)887-4813 Public WorksBniiding Department (208) 887-2211 ' Legal Department (208) 884-4264 ROBERT D. CORRIE Mayor # ~ f COUNCIL ~ EMBERS f ' CHARLES M~AOUNTREE GLENN R.' BENTLEY RON ANDERSON KEITH BIRD P & Z COMMISSION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK NELSON 1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 3. 1998 TRANSMITTAL DATE: 2/18/98 ~ HEARING DATE: 3/10/98 REQUEST: Conditional Use Permit to construct a 13 250 s uare foot hi h tech machine shop BY: Nick Brackus LOCATION OF PROPERTY OR PROJECT: NW'/4 NW'/4 Section 18 T.3N. R.1E. JIM JOHNSON, P2 -MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFiCE(PREUM & FINAL PLAT) y MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT `BYRON SMITH, P2 ADA PLANNING ASSOCIATION ,KEITH BORUP, P2 CENTRAL DISTRICT HEALTH :ROBERT CORRIE, M~4YOR NAMPA MERIDIAN. IRRIGATION DISTRICT ____RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) ~ KEITH BIRD, C/C U.S. WEST(PRELIM ~ FINAL PLAT) `GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT) ' ,WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) -SEWER DEPARTMENT CITY FILES -BUILDING DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT AFIRE DEPARTMENT YOUR CONCISE REMARKS:_~2 - o~ ~. ~/g POLICE DEPARTMENT -,CITY ATTORNEY _ lL ~' ~ ~ ,..~~ G~ ,~,~,~ ~ ~o ~ m,~ -„CITY ENGINEER -CITY PLANNER ,~ ~,*~ ~ 's `/ t t ~ ~ ~ ~.a1 ~ r _~Y j 7 9F~E ICIALS WILLIAM G. BERG, JA., Clly Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNTZ, Parks & Rec. Director DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 ' L.cgal Department (208) 884-4264 ROBERT D. CORRIE Mayor a. i COUNCIL MEMBERS CHARLES M. ROUNTREE ,~ GLENN R: BENTLEY RON ANDERSON KEITH BIRDS ~ t P & Z COMMISSION ;. , JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK IV0.SON 1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 1 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City-Hall, Attn: Will Berg, City Clerk by: March 3. 1998 ~ TRANSMITTAL DATE: 2/18/98 ~ HEARING DATE: 3/10/98 REQUEST: Conditional Use Permit to construct a 13 Z50 s uare foot hi h tech machine shoo BY: Nick Brackus LOCATION OF PROPERTY OR PROJECT: NW ~/. NW'/4 Section 18 T.3N. R.1E. JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 _BYRON SMITH, P2 -KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C .,CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT .-SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ' ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER GO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAAAA-TION(PRELIM $ FINAL PLAT) ~ CITY FILES IDAHO T S~~RTATION D PARTMENT YOUR CONCISE RRbCS: F~~ 2 . -~QG~ ~; ~~ ~~f~AiN __ t Ali March 12, 1998 Nick Brackus 10511 Albany Boise, ID. 83704 Re: Staff Level Approval MCU-04-98 R~cE~ . ~D ~~~ ~ 7 f~98 ~~IiV~I ~c 1Z0 ~ NIl1TQ e/o Adkins Way s/o Franklin Rd High tech machine shop Facts and Findings: A. The Ada County Highway District (ACHD) staff has reviewed the above referenced application requesting conditional use approval to construct x'13;250-square~foot machine shop. The 0.97-acre, site is located on the east side Adkins Way; approximately 550-feet south of Franklin Road. This development is estimated to generate 80 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On January 8, 1997, the Commission reviewed and approved Medimont Subdivision, a 18-lot . industrial subdivision on 26.11-acres. The subjectaite is located in Lot 6, Block 2, of Medimont Subdivision. . ~~ ~' 3 B. The application and site plan stamped as received by Meridian City on February 18, 1998, and submitted to the District on February 19, _1998,' have been reviewed by the ACRD Planning and Development. staff and conforms to applicable District standards/policy, or can be made. to conform with the change(s) to'the plan'described in the requirements stated below. This is a staff level approval and .will not be heard by the ACHD Commission unless the site plan is changed in such a manner as fo not conform with District standards/policy or an appeal of the Development Services .staff decision is submitted as described within the Standard Requirements outlined below. a The following requirements are provided as conditions of approval to Meridian City: Site Specific Requirements: 1. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. {, a r ~ ~' 2. Construct a 24 to 30-foot wide curb cut driveway on Adkins Way, located as proposed 26 feet south of the north property line (as measured from property line io near edge of driveway)+. Pave the driveway its full required width to at least 30-feet beyond the edge Adkins Way. ~No other driveways are approved with this application. ' 3. Locate any proposed gates a minimum of 50-feet east of Adkins Way (as measured from back of curb to the gate). ,Coordinate the location on any proposed gated entry with District staff. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party' within 15 calendar~days from the date of this report. The request shall snecificallvl identify each requirement to be substantial hardship or inec~uit~ The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt.of the appeal letter. The appellant will be notified of the date and time of he Commission meeting. 4 1_ 2. After ACRD Commission action, any request .for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The reluest for reconsideration shall specifically. identify each requirement to be reconsidered' and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. 1'f the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commissiori'meeting at which the reconsideration will be heard. 3. Payment of applicable„road impact fees .are required prior to building construction in accordance with Ordinance #188; also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWCStandards 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. MCU0498.SLA Page 2 F i ~ ~~ 1'~ 6. Construction, use and property development shall be in conformance with all applicable t requirements of the Ada County Highway .District prior to District. approval for occupancy. 7. 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. 8 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. Conclusion of Law: ~ t 1. ACRD requirements are intended to assure that the; proposed useldevelopment 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 ACHD Planning and Development staff at 387-6170. Sincerely, `l Larry Sale 3 Planning and Development Supervisor cc: Project file Lead„ agency i 1 MCU0498.SLA Page 3 ~ ~ ~ ~ - ~~i ~F, N KL I N ~ p . ...._ _~ ~ ~ Jo 3 ~ 3 ~ t R8 EDAM T ^~ R I ~ ! '-"- E. F~ PER CT. I .. ~ ~-1- 1 _ o, , 4 5 ~~ 5 1 1 ~ ~I I ~~~ ~ ~ ~ __ ~.. E ~~ ~ '~ ~~~. RT ~ . ~ ~#~ ~ ~ ~ 7• ~~~ ~~ ~ ~ ~ i - ~~ , R ~~ J~o . ~ ~ '~ .._ .~ .. , , . ,,:~ -a ~~ I J < i i. - i ~ i ~ r L ~G~ Pt~NNLV6 ~s~N: .~ .~ FE8 1 2 1998 ~ ' . ® .. 6 ~ i I c /~~IE ~~~ ~~.D/A~ I~ _- ,~ - _ - - _ i _ 1 k - t - .. - .. ,. > ,~ 4= _ I ~ 1 ' ~ I I ~ I ' ~'- I _ I s I I '~ ~ ~ I I Y ! ` ~ I ~ ~ I ' Q I ~ I = 4 = I• 1 I ,I = I~ =f a _ 11 ~ ~ • '~ 1 ` i _ D ~ ~ ~~• ° I I .rte M a ".e"a o I ~ s o I I " I I y e I ~ ' + ~ I I 4 ~ ~ i I : I I ' ® r f®~ ® ®~ I ® ~~ ® I 9 „' t' I ~~ C- s~ s ~~~~~$$~ a ~~^~~ ° c.e~~~3 i ~s~ o LA..~x' O ~'~~ o R7 ~ ,~3 A ~ , ~ ~ ~~ s o ~~ ~ s ~ x x ~ ~ ::.. . ~ : ~.~. s a a ; s e~ n .- 3 '~ s c °°°~ ° g a ` °° a = t` i • ~ ~~ ~ ~ R q ~~~~~~ = F~~R~~ ~~~ q ~~ G~~ t ~~~ ~~. ;R~ `; G t~~12C ~~a q ipr~ ,~ Ra$~~ ~~ -5 a x= st ~F a:at:.-c v ~~~~~a ~ #~~~~~~ ~ ~~~~~L3 0 ~i a'~~ >!~ g_. II?2 ~~~ y F~'~'~~~T ~'•~•3 a•~m ~ ~ 4 ~c~ 5 •~ 7~ ~~•~~~ckf ~°Fi ~ fE'~~' . > M ~ e ~ i i s ~ ~ '.S•~~~•~GLS ~•~~ ~A 0 is ~~~~ ~ ~ ~ ~ e • -~- O O o ~ ~ ; ~ a ~ F w n ~ ~ ~ ~ ~ i a e S a a a a ~ 5 ' ~ ~ f ~ s i ! y q { ~ ' a ~ • ~ ~ • . ~ ys•~ „~ ~ -_ Q : - _ ~'~_ - -- ~ r ~ j I e ~ ~' ' i ~. ~ i r ~ ... P~ ~ S r ~ 4 _s ,. .... _._ __a 72aH~a & ~~e~i~a~s ~I~gauoac D~a.~z~ct' ~ t ,:~~~ ~II -.,, ~~- ~' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Q~~C~~XX 208-483-0183 24 February 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Ber , Ci Clerk x9~xxx~c~#x g ~ SHOP: Nampa 466-0663 City of Meridian x9a~sexxx3~6x~Cx 33 East Idaho Meridian,. ID 83642 RE: Conditional Use Permit to Construct a Machine Shop -Nick Brackus Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. Ald municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - O,,~ice Water Superintendents APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ a t:. F ° 1 t fi~~ (,/ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 9()6)~~@)b@SiXX 208-483-0092 Phones: Area Code 208 2 6 February 19 9 8 OFFICE: Nampa 466-7861 X76Df~fe1CXX87t7EX~C Nlck BrackuS SHOP: Nampa 466-0663 10511 Albany xcxx~xsexac3ax Boise, ID 83704 RE: Land Use Change Application for 13,250 sq.ft. high.tech machine shop Dear Mr. Brackus: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development.. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. Copy APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 j' ,. CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division iRHEALTH DEPARTMENT Rezone # Conditional Use # /~i4-C`~/N~" ~~~ ~ /~icK ,~/~-e,L~vS Preliminary /Final /Short Plat r r~ ~ Return to: ` ' ^ Boise ~ ^ Eagle ^ Garden City, Meridian ^ Kuna ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ,~.~. ~~ ~~j~ ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 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 follow"ing 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. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 a ~G] 14. ~/5~ ~~~iti w~~~ /"1~9'N/tl~~lE7~ PLa~./f .S'/j4/~ ,bra Date:~~^ l~l SO ~~/Eyv~j L3K T/ji s o7`f7G~- lryV /et/dcNi~~y~ Reviewed By:/ 1 ?~ ~ ~:~ , axn io/si rm. ~.. iroi R@VI2W Sheet ~~~ , u~itaiats la:a4 pLUtS :f45 runts LH 1NyUy'1'x11sS l¢J001/OUl f f ~ ~ ,~ ... ~ f '. p-t-~ope-t-'~~s ~vesz, i c 1x01 Shoreime Dr. P.O. Box 2797 Boise, Iddto 83701 •(206)3x5-7523. February 18, 1998 VIA FAX # 887-4813 Ms Shari Stiles City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: TVICK & ELIZABETH ANN BRACKUS Dear Shari: This letter is provide Nck and Elizabeth Ann Brackus authorization to submit for a conditional use permit for Lot 6, Block 2 of Medimont Subdivision. Nlr. and Mrs. Brackus are in the process of purchasige, this property and are in the process of adhering to the conditional use restriction that was placed on the subdivision lot. If you have any questions please contact me. JLB/af q eeeeaaep„ ps wt A ' e ~~„ ~~~`~ 1 ~~i o~-~oo~;aaoeanQ o ~+ a . a^ ' +A °9-rp~Bj'~G'pn FEB 19 '98 13 38 State of Idaho ) County of Ada) S.S. On this 19~' day of February, 1998, before me H. Ann Faltin, a no~taiy public, personally appeared ]'on Y.,. Batnes, personally lmown to me to be the person whose Warne is subscribed to the within inctrnmPn~ and aclmowledged to me that he executed the same. J~ l~R~/ ci~~.tn.. Notary Public My Comaaissioa Er~pires on ~ 1'ao ~ 0 3 20S 345 7028 PAGE.01