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HomeMy WebLinkAboutAlbertson's Inc AZ 99-024HUB OF TREASURE VALLEY 1 r Mayor LEGAL DEPARTMENTR i ROBERT D. CORRIE i A Good Place to Live - 1; (208) 288-2499 •Fax 288-2501 F C City Council Members CITY OF MERIDIAN � PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 t GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 � r 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: December 9, 1999 1 TRANSMITTAL DATE: November 23, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 I REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 1 k IN BY: ALBERTSON'S, INC. i LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF 1 SUNDRIES CEN TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _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 _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER ^CITY PLANNER SETT SO f MERIDIAN SCHOOL DISTRICT r MERIDIAN POST OFFICE(PRELIM & FINAL PLA ) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT 1 i IDAHO POWER CO.(PRELIM & FINAL PLAT) 1 U.S. WEST(PRELIM & FINAL PLAT) ` INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: ' Y G F C.r CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 F APPLICATION FOR ANNEXATION AND ZONING OR -REZONE 1 PROPOSED NAME OF SUBDIVISION: Al bertsons Di stri buti on Center GENERAL LOCATION: East end of Commercial Court - ADA County + TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Industrial ACRES OF LAND IN PROPOSED ANNEXATION:.., '20.05 PRESENT LAND USE: Distribution Center j k s, PROPOSED LAND USE: Distribution Center PRESENT ZONING DISTRICT: 'M-1 in ADA County PROPOSED ZONING DISTRICT: _ I -L in City of Meridian APPLICANT. Albertsons Incorporated PHONE: 208-395-6395 1 ADDRESS: 250 Parkcenter Blvd, Boise, Idaho 83726 t ENGINEER, SURVEYOR, OR PLANNER: Ron , Hodge PHONE: 208-376-7330 ADDRESS: 250 S. Beechwood Ave, Boise, Idaho 83709 OWNER(S) OF RECORD: Albertsons Incorporated PHONE: 208-395-6395 F ADDRESS: 250 Parkcenter Blvd., Boise, Idaho 83726 i tune of Applicant i �F 4 CD ° Ln .C" - W N -� O (fl W v Ut -06 W N m •�« rL oZi °z K= ae K -0w �NC. Cmy D CL ZD ��p � N 3 mgim m Z C n N d 3 y 2 1 � y p • d m 1 O rT jp CD M CD z 0 Nb y OOO O a 0. .5 rn (p Z OO, ry 6 W C a_ tp • N m 6 ❑00❑ O T m m 3m --a= n�'3 p''a���� M D m n' .a o D � 1 m 3 v m m m m myc�Q�'�� �• n CD CD °>OR'3' ��ao �� a o G Q c co -y c m d 3 S c a n gm y 3 m 7o 70 a m m n N x a m Q W Q. m3 ro x N m m 2.o m = w a w y c awy.3e.5 = mID o3 �I�X• �•w DO ow m Ot0 Knfm�1 m��.�R O�oc� 0 Urs m 3 c SQ'•w m a ami=wm m m N y N Q _ N p404 D � tOo 7 O3 K O. ALBERTSON'S PROPERTY OWNERS WITHIN 300' VJ JOINT VENTURE — 3084 LANARK ST MERIDIAN ID 83642-5918 N EAGLE RD S CLOVERDALE RD JOINT'SCHOOL DISTRICT NO 2 SUPERINTENDENT MERIDIAN SCHOOL 911 MERIDIAN RD MERIDIAN ID 83642 355 S CLOVERDALE RD JACKSONS FOOD STORES INC PO BOX 488 3500 COMMERCIAL CT t MERIDIAN ID 83680-0488 4M LEASING/CANVEST 2303 MCMAHON LN FRUITVALE ID' 83620 E COMMERCIAL CRT 4M LEASING/CANVEST 5559 W GOWEN RD BOISE ID 83709-5626 E COMMERCIAL CRT ALBERTSONS INC PO BOX 20 BOISE ID 83726-0020 3705 E COMMERCIAL CRT 3649 E COMMERCIAL CRT MICRON TECHNOLOGY INC TAX DEPARTMENT MS 107 8000 S FEDERAL WAY PO BOX 6 - BOISE ID 83707-0006 3475 E COMMERCIAL CRT VAN AUKER RONALD W 3084 LANARK ST MERIDIAN ID 83642-5918 3710E FRANKLIN RD NATIONS PATRICIA A 4010 E FRANKLIN RD MERIDIAN ID 83642-6004 a I NOV-05-1999 FRI 05:34 PM ALBERTSONS D&C DEPT FAX N0, 2083956442 P;101� r1 1 DATE: 11/5/99 TO: City of Meridian ATTN: Sherry Stiles FAX: 887-1297 ALBERTSON'S, INC. / GENERAL OFFICES 250 PARKCENTER BLVD. / P.O. BOX 20 / BOISE, IDAHO 83726 c DESIGN & CONSTRUCTION DEPARTMENT FACSIMILE COVER SHEET i NUMBER OF PAGE I INCLUDING THIS ONE: RE: Albertson's Sundries Center Warranty Deeds MESSAGE r � s The following Warranty Deeds will show the progression of ownership from when the property was first purchased by Albertsons in 1972. Then a section was purchased in 1974 and a section sold in 1977. Then } Albertson's purchased a lot of land in 1990. F ° ° H ° e IF YOU DO NOT RECEIVE THE NUMBER OF PAGES LISTED ABOVE, PLEASE CALL ABOVE PH( NUMBER, OR CONTACT LINDA FOSTER AT 208 / 395 - 6688 1 ° NOU 05 199 16:40 2083956442 PAGE. 01{ ° 1 (. RE: Albertson's Sundries Center Warranty Deeds MESSAGE r � s The following Warranty Deeds will show the progression of ownership from when the property was first purchased by Albertsons in 1972. Then a section was purchased in 1974 and a section sold in 1977. Then } Albertson's purchased a lot of land in 1990. F ° ° H ° e IF YOU DO NOT RECEIVE THE NUMBER OF PAGES LISTED ABOVE, PLEASE CALL ABOVE PH( NUMBER, OR CONTACT LINDA FOSTER AT 208 / 395 - 6688 1 ° NOU 05 199 16:40 2083956442 PAGE. 01{ NOV-05-1999 FRI 05:35 PM ALBERTSONS DU DEPT FAX N0. 2083956442 P,-02 1 �. _ .�, IJ--CUitfUILA'1'LOiV. WAltl•u a br ,''mj' 9rY Oat Tilla INOCKIfURt:, Made this " 310th' day aL - June, ; ' ,in the year of our Lord..,,9 l one thouaand nine hundred and s evenly—two between htourt ain States r;4. r s Wholesale Company A corporation duly organized and okiating under the laws of the State of Idaho and havintr its principal office in'IdRho at Boise, Idaho in the County of Alia , party of the first part, and Albertson's, Inc., a Delaware corporation Gt t I of BoiBe , County of Ada , State of 2 Idaho party of the second part,, s l WITV639r.TH, That the said patty of the frst part, having been hereunto duly authorized by: resolution of its Board of � I ,r } Directors, for and in consideration of the sum of a r Te=nari3 no/100thsDOLLARS. t lawful money of the United States of America, to it in hand paid by the said party of the second part, the receipt whert•of is he:ety ack-i lulged, has granted, bargained and sold, and by these, presents dues grant, bargain, sell, eonrey and confirm unto the said party of the second part, and to Its heirs and assigns forever, all la r' the following described real estate situated In , County of Ada ! r State of Idaho, to -wit: 1 II s 11( All that real estate described on Exhibit "AI' attached hereto, { and by this reference incorporated herein, r A r s r I TOGrTHER With all and singulnr the tenements, hereditaments'xnd uppu`rteranccs thereunto belonging or in anysvlso r appertaininh, and the reJcrsion and reversions, reinainder and remainders, rents, issues and profits thereof, and ail estote,'• right, title and interest in and to the Faid property, ns well in law as in equity, of the said patty of the first part. r To HAYr• AND To Hor.D, all and singular, the above mentioned 4nd described premises, totether with the appurttlt• l apices, unto the part y of the second part, rind to its heirs and as_igns forever. And the said party of the 1 first part, nnrl its successors, the said premisos in the quit and pcncenble possession of the sold party . of the second • r part its heirs and assigns, against the Pala party of the first part, and its suceessora, and agninrt all and AlNOV 05 '99 16:40 2093956442 PAGE.02 i NOV-05-1999 FRI 05:35 PH ALBERTSONS D&C DEPT FAX NO. 2083956442 P. 03 �; .... c , vcry person and pertons whonisoover, Inwrully claiming or to claim thc:'onnic, Aaif in' d will warrant and by these prueents forever defend, IN WITNESS WHEREOF, The party of the first part hag caused its ,Corporate acme to be be'rcunto subscribed by Its President and Its corporate seal to be a Mixed by its Seeretnry in'pursuance to said resolution the day and Year first above written. MOUNTAIN STAT I ES WHOL1,:S'X'rE COM �-­ PA NY, an Idalio' corporation SICNFI), SFALT-M.AND DVAVEFtrD iN rRESENCE OF "C ........... .... . ...... . ..... Attest— Its_. j 00 'i U 00 STATE OF IDA110, GA. COUNTY or Ada On this 30th day of June in the year 19.72 before me Edith G. Stephens s'Notary P;blic in and for the Said State, personally appeared DONALD S. CARLEY and T. C. McNALLY, III, respectively, known torneto be the President and Assistant Secretary, /of the corporation that executed this instrument or the person who executed the instrument en behalf of said corporation, and acknowledged t9i,!ne thnt. such corporation executed the same, IN WITNESS WimrEop, I havi hereunto set my band and njTaeti my official, seal, the day and year In W4 certificate first nbove written. Notary _Public for tha, tate of Idaho, Residing at.. Bc)i ld&h My c6inrnission expxresy January 12, 1974. 41 Cd Cd Z + �, 0 NOV 05 '99 16:41 C; F. 20e3956442 PRGE.03 L C 0 Pq 4 P4 C c 9 20e3956442 PRGE.03 L NOV-05-1999 FRI 05:35 PM ALBERTSONS D&O DEPT FAX N0. 2083956442 P. 04 k r EXHIBIT "A" , l 7 a A tract of land lying within the Southwest of Section 9, Township 1 3 North, Range 1 East, of Boise Meridian, Ada County, Idaho and more ! s particularly described as follows: r 4 Commencing at the section corner corrunon to Sections 8, 9, 16 & 17, e T3N,R1E, B. M.•; thence North a distance of 1, 298, 50 feet to a point; r thence S. 89056130" E. a distance of 25 feet to the READ POINT O1! ; r BEGINNING: thence North 500, 03 feet to a point; thence S. 89°564Z4" E. k a distance of 2,104. 55 feet to a point; -'thence N.21 -58'12"L: a distance of 201. 15 feet to a point; thence N. 89°2014711E, a distance of 458. 56 feet to a point; thence S. 00040128" E. a distance of 69Z. 34 feet to a point; thence N.S9°56'30"W. a distance of Z,646.47 feet,to the REA POINT 3 OF BEGINNING, containing 32. 503 acres, more or.less, �`� r t ?1 SUBJECT TO: Y 1) General Taxes for 1972 "and subsequent years; 2) Reservation of 501/6 of all minerals, oil and gas in or under the within r described real estate as reserved in the Warranty Deed from.the.Tederal Land Flank of ST,okane to John Mittleidar and Ruby Mittleider, husband and �. wife, recorded April 2, 1947, in Book 305 of Deeds at Page 372, Records of Ada County, Idaho; 9 3) Future assessments by reason of inclusion in the Nami3a - Meridian Irrigation District; and 4) •Easernent for power line as granted to Idaho Power Company by that certain Power Line kIasement recorded March 25, 1969, as Instrument No. 712338, Records of Ada County, Idaho, r ) • II r { 4 f F ' 3 j37 F t A 41AIC Ur �•n..J, I.J ...i t: .1 .1, :a r hied for record at the request - min, psst_�_o'dacl�f'_.M, thisLda, . 19�� r CLARENCE A. PL IN,.'. vtiut:i. ' r,. o F 1 .2 G { x NOU 05 '99 16:41 2083956442 PRGE.04&�� NOV-05-1999 FRI 05.35 PH ALBERTSONS D&C, DEPT FAX NO. 2083956442 P. 05- ' gt g 6741JLO WARRANTY DEED THIS INDENTURE, made this 11th day of January, 1974, between ) JTR, INC., formerly MOUNTAIN STATES WHOLESALE COMPANY, an Idaho Corporation, I l the "Grantor", and ALBERTSON'S, INC. a Delaware Corporation. the. "Grantee". WITNESSETH IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS, lawful money g of the United States'of America, and other valuable considerations to the Grantors paid by -the Grantee, the receipt whereof is hereby acknowledged, the 1 Grantors do grant to the Grantee the following described real property situated ;g in the County of Ada, State of Idaho, to wit: ► e 7 That portion of the SW -1/4, Section 9, Township 3 North, , Range 1 East, B,M „ described as follows: Beginning at a point which lies North 1,798.56 feet and SB9056'30"E 25.00 feet from the SWC of said Section 9; thence S89056'24"E for 2,104.55 feet; , thence N21°58'12"E for 201.15 feet; thence N66038118"W for 511.25 feet; 1 thence N79029'17"W for 181.13 feet;' thence N88128118"W for 801.83,feet; g thence S88021111"W for 220.15 feet; thence S44007,121"W for 12.31 feet; thence N87054'18"W for 435.74 feet; 1 thence S82°51114"W for 54.03 feet; , thence SOI°21'18"W for 43.53 feet; thence N86041139"W for 12.14 feet; thence South for,392.73 feet; to the Point of Beginning. s a TOGETHER WITH: All mineral, oil and gas rights in or under the above-described `I real property belonging to Grantor. TO HAVE AND TO HOLD said premises unto the Grantee, its successors and assigns forever,, g 1 The Grantors covenant with the Grantee, its successors and assigns, g that the Grantee shall enjoy the quiet and peaceful possession of said premises, i s that the Grantors are lawfully seized of said premises in fee simple, and the Grantors, warrant that the title to said premises is merchantable and free from g all liens and encumbrances, excepting those to which this conveyance is g expressly made subject and those made, suffered or done by the Grantee. , NOV 05 '99 16:41 2083956442 PAGE.05 rr � y NOV-05-1999 FRI 05:35 PH ALBERTSONS D&O DEPT FAX NO, 2083956442 P. 06 l GC By 0 By �—ecretary T.- C: McRa, Y1-1 Aoss. A� -M o STA Th- OF�CA Lit,'ANIA e rA hundred and -,VH-. before .......... ..... A Notary Publ e of Califib Ma, duly commirsioned pf)d.�w p, mal pyeared... ..... V IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantors the day and year, herein first above written. A A 'TWA"T p UBLIC-CALIrORNIA TLN TY 0 " WILMA A. 11T NOTARY STEW TEW TEW TE NOTARY PUSI-Ii�CAI.Wlr RNIA CITY AND COUNTY OF SAN FRANCISCO N �p , i C,),�ilmlsslon Explics March 19, 1976 ,mlerys Form No. 29 -(Acknowladg0mcn( Corporation), C. "'rN. 1190-1190.1) (NIAwd 11)1J71) NOU 05,,"3'316:41 N JTR, INC. l GC By 0 By �—ecretary T.- C: McRa, Y1-1 Aoss. STA Th- OF�CA Lit,'ANIA e 0 if this....day of........, in 11 caro", thousand fillie hundred and -,VH-. before .......... ..... A Notary Publ e of Califib Ma, duly commirsioned pf)d.�w p, mal pyeared... ..... V A ......... . I .......... V ri known to n,!10 be pffhecorpoi nde 'bed th,i..........................•............................., . in and that executed the within immanent, and also known to me to be the person,45..., who executed the within instrument on beiralfof(he cmation rheMn gnied, akn�oledged to Ine Mar Such coftooruflorl executed the �ef� .. ........... ............................... ....... .................................................................................... IN WITNESS W1.1El?E0I` I have hereunto set, yiy haj.;y and offixefif my official Siva? In The ................ Counry of the day and ....... in lis ,year cerifflrarefirst above written. Notary Pubtir, rare ofCallfornia !;IAIL OF INVIO, CnVNiY,!F Af,11,ss. thk- ,I lei rczo,d st rerkipst . rjo hiln pastS 7 dty of -e CLAVLN,'f =INC. Records( By ney $2.00 ► 2093956442 PPOE.06 N NOU705-1999 FRI 05:36 PM ALBERTSONS D&C DEPT 9037410 FAX NO. 2083956442 P.!,10 'WARRANTY -DEED THIS INDENTURE, made this day of, 1990, DONALD J. NELSON and KARIN NELSON, husband and wife, the "GRANTOR," and ALBERTSONIS INC., a Delaware corporation, the Agin 00fmty, 144M as t "GRANTEE"; RequW4 d FIRST AMERICAN MLE W. CATE� �� 9 Oe W I T N E S S E T H JOHN DASTIDA .CO DER° Dewty FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, i) 1 bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY of �. ADA, STATE OF IDAHO, more particularly described as follows, to wit: ;a Lot 4 in Block 1 of COMMERCE PARK SUBDIVISION, according to the official.plat thereof, filed`in Book 45 of Plats at Pages 3721 and 3722; AND AMENDED by an r Affidavit recorded February 19, 1981, as Instrument No. 8107039, Official Records of Ada County, Idaho. ` TOGETHER with an easement for an 8 -inch underground pipe to carry water for fire control purposes, overand across the property adjacent to the East boundary. ;1 TOGETHER with all and singular the buildings, t 4 structures, improvements, tenements, hereditaments and { appurtenances thereunto belonging or in anywise appertaining, the WARRANTY DEED - 1 k d 1 NOU 05 '99 16:42 2083956442 PAGE. 10 , ,o NOV-05-1999 FRI 05;36 PM ALBERTSONS D&C DEPT FAX N01 2083956442 P,�11 1 E reversion and reversions, remainder and remainders, rents, issues, 6 and profits thereof; SUBJECT TO those exceptions of title shown on Exhibit A attached hereto and incorporated by this reference. Subject to those exceptions to title to, which this conveyance is expressly made subject and those made, -suffered or x done by the GRANTEE; the'GRANTOR covenants to the GRANTEE, itsY F successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the above-described premises, and + GRANTOR warrants to the GRANTEE, its successors and assigns, that R GRANTOR -is the owner of said premise's in fee simple and has the right and authority to convey the same to GRANTEE, and they will defend the same from all lawful claims by, through and under the GRANTOR. The current address of the GRANTEE is: Albertson's, Inc. t. 250 Parkcenter Boulevard P.O. Box 20` Boise,. ID 83726 IN WITNESS WHEREOF, this WARRANTY DEED has been duly a executed by DONALD J. NELSON and KARIN NELSON, GRANTOR, the day and year herein first above written. ` Donal J. Nelson i Karin Nelson WARRANTY DEED - 2 NOU 05 '99 16:42 2083956442 PAGE 11 ' k U E n NOV-05-1999 FRI 05.36 PM ALBERTSONS D&C DEPT FAX NO,- 2083956442 P.4121' i 4 STATE OF IDAHO s s .� County of'Ada ) ! ( 0 his day of Li � 1990, before me, s F ° a Notary Public in and for s' id' -1k, state -,personally appeared DONALD J. NELSON and KARIN-NELSON, C. 1 hu.sban and -wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and Y acknowledged to me that they executed the same. F t IN WITNESS WHEREOF, °'Y have hereunto set my hand''"aild.,. affixed' my official seal the day and year in this certifi;Utq first above written. J' 'C Rotary Pu 1ic for Idaho.. Residing at 3dah My commission expires lo .1T!44 l` s� w I I 'I E. ` T � i 4 a [ [. t .i E WARRANTY DEED - 3 �� r 4 1 1 i F NOU 05 199 16:42 2083956442 PAGE. 12 { � C ,i E P S T E I N October 28, 1999 Ms. Shari Stiles Planning and Zoning Administrator City of Meridian 200 East Carlton - 2nd Floor Meridian, ID 83642 RE: Albertsons Sundries Center Property Annexation Application Meridian, Idaho AES P.N. 99315 Dear Shari: jfjF P 11' k i A. EPSTEIN'AND SONS IN T E R NATION A: L'I NC k e 600 WEST FULTON'STREET CHICAGO ILLINOIS 60661-11991', " k r T 372.A54.9100 k i F 312.559.1217 As you are aware, the Albertsons Sundries Center property is currently in Ada County, and not a part of the City of Meridian. Albertsons would like to annex this property into the City of Meridian, and has completed the enclosed permit application. The following are Albertsons responses to the items listed on the permit application: 1. Name, address, and phone number of applicant: Albertsons, Inc. Boise, Idaho - Corporate Office 250 Parkcenter Blvd. Boise, Idaho 83726 208-395-6395 2. Name, address, and phone number of owner of subject property and proof of title of said owner (warranty deed): Albertsons, Inc. Boise, Idaho - Corporate Office 250 Parkcenter Blvd. Boise, Idaho 83726 208-395-6395 (See enclosed warranty deed) I t • Ms. Shari Stiles E P S T E I N October 28, 1999 Page 2 I 3. Notarized request for zoning amendment from titled owner, successor of said owner; valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner: The applicant's signature has been notarized by the Legal Department within Albertsons, Inc. (See attached) 4. Legal description (metes & bounds) of subject property, including property to the center line of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property, which is signed and stamped by a land surveyor registered in the State of Idaho: (See attached) 5. Description of present land use: The existing property consists of 20.05 acres of land, with the Albertsons Sundries Distribution center located along the south property line. A small print shop is located to the northeast of the distribution center. Approximately half of the property is paved for truck maneuvering and parking, however there is a large park -like area with trees and grass located in the center. In addition, there are three separate dirt septic fields which will be abandoned in conjunction with the connection to the city sewer. R 7 Description of proposed land use: Upon annexation, the facility will be undergoing office renovations, and will be connected to the City of Meridian sewer and water. In addition, Albertsons is aware that they will need to conform to the city of Meridian's zoning and , development ordinance. Present zoning district and jurisdiction: The present zoning district is M-1 and it is located in Ada County. 8. Proposed zoning district: The property will be in the "I -L" or "Light Industrial" district. 9. A statement describing the characteristics of subject property which make the zoning amendment desirable: The property is the last in the Commercial Court corridor to be annexed into E L Ms. Shari Stiles October 28, 1999 Page 3 He E P S T E I N r E f' the city of Meridian. The property use will continue to be "Light Industrial") and this is consistent with the surrounding properties. A statement outlining the necessity or desirability of the development pertaining to the zoning amendment and its harmony with adjacent development: The office renovations will increase the amount of employees at the distribution center. The Ada county health department has indicated that Albertsons, cannot increase the population of the distribution center without connecting to the City of Meridian's sewer and water. In order to connect to Meridian's sewer and water, it is necessary to annex the property into the city. Thej property use will continue to be "Light Industrial", and this is consistent with the surrounding properties. 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan: The City of Meridian Generalized Land Map shows all of the properties being in the "I -L" district. The comprehensive plan is to have all the properties along Commercial Court be annexed. The city sewer and water were extended to the subject property recently, in order to accommodate the annexation of this property. 12. One (1) map of scale of one (1) inch equals one hundred (7 00) feet of the property concerning the zoning amendment: (See attached survey drawing) 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet: (See attached) 14. A list of the mailing address of all property owners within three hundred feet (300') of the external boundaries of the land being considered: (See attached) 15. A fee established by Council: Our fee was calculated as follows: Total acres is 20.05. First acre is $400. Each additional acre is $15. Therefore this portion of the fee is $685.75. In addition, we have determined that there are nine properties within 300 feet of the subject property. The application calls for $1.73 per property for a total of $15.57. The G f 1 • I ' I I I E Ms. Shari Stiles E P S T E I N I E October 28, 1999 Page 4 1 16. & 17. Sincerely, application then says to double this amount due to the fact that there are two hearings. Therefore the total amount due for the mailings is 31.14. The total annexation fee is: $685.75 + $31.14 = $716.89. A check for this amount f E has been enclosed. ' I 1 ' The request for property annexation will be posted 1 week before the public: hearing. The posting will have the Albertsons name, a description of the zoning amendment, and the time and date of the public hearing. In addition, c I have read the contents of this submittal, and the information contained ` therein is true and correct. t James M. Moore, Albertsons, Inc ' Director of Distribution Projects I E I f Thomas E. Smiles, P.E. Senior Vice President A. Epstein and Sons International, Inc. cc: J. Moore/M. Eriksen M. Blumenthal File 99315(2.1) SAPR0JECTS\99315\2-00RR\2.01 \LST19910.28 0 VICINITY MAP ALBERTSON'S INC., SUNDARIES CENTER ADA COUNTY, IDAHO i 300 150 0 300 600 J SCALE: 1"=300' j Q 3+ N pC > 02 ani 0ch co Ln -0 11 2 LL I— C O L r M C CCO O o -.5 ac i I U e. { qP L . E 1 P s 3 � P HARRIS BANK ROSELLE 1005.277 A. EVSTEIN AND soNs Roselle, Illinois EPST E I N INTERNATIONAL INC 600 WEST EULTON STREET CHICAGO ILLINOIS 701558/719 CHECK DATE 10/29/99 60661-1199 T 312.454.9100 P F 31 2.45A 0266 P' 4 J PAY SEVEN HUNDRED SIXTEEN AND 89/100 DOLLARS I AMOUNT $716.89 TO CITY OF MERIDIAN A. EPST AND SONS INTERNATIONAL INC C P THORIZED SIGNATURE ® oeia°=o ea k'Pd1N" SIR 0 0 5 2 7 7 11R 1:0? 1 9 L S 5 8 0 1: 04- 2 5 1,111 S 6 "Slim a Z Q 3+ N pC > 02 ani 0ch co Ln -0 11 2 LL I— C O L r M C CCO O o -.5 ac i I U 1 Z' C J C X Q ¢ Q � O N o� L o T 4) U � U a v m @ a L] Z E E � ¢ � L) A NiV I U W \ ` V z Lo — U O d Ln D �. — O O N C c N O O JO Z Q f rJ-V•B ,A Engineers Surveyors, Planners 1, Project: 11615 / Date: October 21, 1999 �/b3I Ili ALBERTSONS SUNDRIES CENTER PARCEL. DESCRIPTION FOR ANNEXATION INTO THE CITY OF MERIDIAN ' t t A parcel of land being a portion of the South half of Section 9, T.3N., RAE., B.M., Ada Cour Ity, Idaho, and more particularly described as follows: Commencing ata point marking the Southwest hwest corner of Section 9, T. 3N., R.1 E., B.M., Ada County, Idaho; thence North 00000'00" East along the Westerly boundary of said Section 9, 1,298.53 feet to a point, said point being on the extension of the Southerly boundary line of Commerce Park Subdivision as recorded in Book 45 of Plats at page 3721, records of Ada County; the 4 said Westerly boundary, South 89056'30" East along said extension and said Southerly bounda ;,1y47,,,eet to a point marking the Southwesterly corner of Lot 4, Block 1, of said subdivision and theGOF3 GINNING; thence N �1tN North 00 04 51 West along the Westerly boundary of said Lot 4, 479.96 feet to a point on the center line of Commercial Court; thence North 89056'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Park Subdivision; :,n r th e ce leaving said center line North 00004'51 " West, 409.06 feet along said Easterly boundary to a found iron pin on the Southerly right-of-way of the Settlers Canal; { thence South 66°39'26" East along said right-of-way, 511.24 feet to a found iron pin; l thence North 89019'55" East along said right-of-way, 458.56 feet to a found iron pin; thence leaving said right-of-way South 00°41'21" West, 690.83 feet to a point on the Northerly right-of-way of the Union Pacific Railroad; [ thence South 89056'18" West along said railroad right-of-way, 1,321.69 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.05 acres, more or less. This description is based upon found monuments and record information. J -U-B ENGINEERS has not performed a boundary survey. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS; Inc. OVAL LAIy� S TEcc SG9G € 8 2 �:' l� 0 LHK:Ihc Lawrence H. Koerner, P.L.S. 9 C� H. f:\projects\11615\admin\parcel desc.doc clax j R� a'�D MAY. 12 J n t e r o ff i c e "CITY OF MERIDIAN �MEWORANDUM To: William G. Berg, Jr. 'From: Wm:` F. Nichols Subject: Amended Ordinance No. 857 (Albertsons AZ -99=024) Date:.'' May 12, 200Q - Will: Please find attached the Amended Ordinance No. 857, pertaining to the, Albertsons annexation and zoning"' The reason this ordinance needs to be amended is on page 2..'Thelword West has been struck through and the word East underlinedto incorporate East as the correct direction. i Please place this matter upon the Regular,"Agenda for this T uesday's City Council -meeting of May 16 2000. J r Y ZAWork\N1\Meridian 15360M\Aibertsons\Berg051200.Mem j 200 East Carlton St, Suite 100 City of • Merman, Idaho 83842 2631 Public•Dept. Phone: (208) 887-2211 Fax (208) 8671297 e a CE�s. rVED e ,0 MAY 1 1 2000 CITY OF MERMIANnr F TO: City Attorney's Office From Bruce Fr+eddeton CQ Project File -- Alberts6ns Sundries Center (Annexation Ordinance #857) Dater 05/10/00 y Ree Legal Description and map for amending Ordinance 857 Attached you will find a new legal description and revised map for mon that was submitted by the � applicant, and approved by the Public works Department. This, new legal description and map should be used in the preparation of an `Amended" ordinance for annexation. There was one very minor typographical erns that was caught by the State Taos Commission. This -error was discovered after a I hernaticai closure of the property was performed. ` Please don't hesitate to call me should you have anyquestions. - r t!-laNkS t I I From U*clesk of..., Bruce A. Frecldeton, Assistant to the Cky Engineer: ` Meridian Public Warks Department 200 E. Carton St! Sute 100 Meman, Idaho 83642-2600 (208) 887-2211 fax (208) 887-1297 X Page 7 F'€ " NHY bJ bb 1 b -' l b 1-l� C- i 1Y U- Mtk 1 U 1 HN :�08 864 425y I U HUBL 1 C, WUkKS H1. 01/01 T o _. ..... q,orgWe>r !cnIdaho t[ L 1?J3CETVq) April 19, 2000 S T A T E T; MAY - 5! 2000. 500 Park Blvd., Plsr, William G. Berg, Jr. MY OF A ERIDIMN Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance No. 857 , t Dear Mr. Berg: The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it does not comply with _legal description and mapping requirements. • The legal description, for this Ordinance No., does not dose properly. The annexation does not meet the requirements of Idaho Code 63-215 or IDAPA 35.01.02.550.03 listed below. The following citations list and define the required actions: ' f 1. Idaho Code 63-215 requires: a. A copy of the legal description designating the boundaries, b. A' map, prepared in a draftsman like manner, which plainly and clearly designates the boundaries, and c. Both the legal description and map must be submitted to the Tax Commission within ten (10) days of the effective date of the annexation. t 2. IDAPA 35.01.03.550.02 defines a legal description to be a definite boundary which: a, Is described by"metes and bounds, { b, Can be mapped on a tax code area map, and c. Includes x I. Section, Township, Range, and Meridian, H. An initial point, ui. A true point of beginning, and iv. A closure accuracy of at least one (1) part in five thousand (5,000) 3. IDAPA 35.01.03,550,03 defines a map prepared in a draftsmanlike manner as "amoriginal graphic representation or precise copy matching the accompanying legal description and drafted to scale using standard mechanical drawing instruments or a computer-" I I S Before this annexation can be processed for the 2000 year, the discrepancies listed need to be corrected. Thank you for your attention to the 'r required legal descriptions and ma f � 9 P mapping requirements. If you have any questions; please call me at 334-7750. E Sincere /AEn-r*�� ff Se7altius GIS Analyst, Sr. Technical Support Bureau PC: County Assessor County Clerk ,. Equal ppporruniq Employer Hearing Impaired Callers TDD 1-500-377-3529 - r ** TOTAL PAGE.01 ** t' , • � t rJ-U.B ,A Engineers Surveyors Planners Project: 11615 Date: October 21, 1999 Revised: December 7, 1999 Revised: May 8, 2000 AL'BERTSONS SUNDRIES CENTER PARCEL DESCRIPTION FOR ANNEXATION INTO THE CITY OF MERIDIAN A parcel of land being a portion of the South half of Section 9, T. 3N., R.1 E., B.M:, Ada County, Idaho; and more particularly described as follows: s Commencing at a point marking the Southwest corner of Section 9, T.3N.,� R1 E., B.M., Ada County,'' Idaho; thence North"00000'00" East along the Westerly boundary of'said Section 9, 1,298.53 feet to a"point, said point being on the extension,of the, Southerly boundary line of Commerce Park Subdivision as recorded in :Book 45 of Plats at page 3721, records of Ada County; thence leaving said Westerly boundary, South 89056'30" East along said extension and said Southerly boundary, ,1,348.75 feet to a point marking the Southwesterly corner of Lot 4, Block 1, of said subdivision and the REAL POINT OF BEGINNING; thence North 00°04'51" West along the Westerly boundary of said Lot 4 479.96 feet to a point-on'the center line of Commercial Court;' thence North 89056'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Park Subdivision; f thence leaving said centerline North 00004'51," West, 409.06 feet°along said Easterly boundary to'a found iron pin on the Southerly right-of-way of the Settlers Canal; ` thence South 66039'26" East along said right-of-way, 511.24 feet to a found iron pin; thence North 89019'55" East along said right-of-way, 458.56 feet to a found iron pin; - thence leaving "said right-of-way South 00°41'21 "fast, 690.83 feet to a point on the Northerly right-of-way of the Union Pacific Railroad; thence South 89056'18" West along said railroad right-of-way, 1,321.69 feet to the REAL POINT OF BEGINNING, i r Said parcel contains 20.05 acres, more or less. This description is based upon found"monuments and record. information. J-U-B ENGINEERS has not performed a boundary survey. ; END OF DESCRIPTION 4~ Prepared by i J-U-BjENGINEERS, Inc. S��NAL LAS ' �5 �GISTFA G9 LHK:lhc fAprojects\11615\admin\parcel desc.doc Lawrence H. Koerner,, P. L.S. F OF I'D L �E H. K0 4 .{ t J • Rtuo UtU-RFOUESIOF ADA COUFTY RECORDER r✓II=> fiL(nIV L !-1 J. DAVID NAVARRO I � AHO FEE OEPUT 2000 FE 10 NM 1: 6 �� 10 0 01 1 �S 1 CITY OF MERIDIAN ORDINANCE NO. 87 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION, IN WRITING TO THE COUNC:(L; AND THAT SAID LAND BE ANNEXED TO THE CITY', OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I -L); AND DECLARING THAT SAID I AND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF 'IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADDSAID' PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING'THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPYOF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR,' AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAI10 CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ✓ A parcel of land being a portion of the South half of Section 9, T.3N., R. IE., B. M., Ada County, Idaho, and more, particularly described as follows: j Commencing at a point marking the Southwest corner of Section 9, T.3N., R I E., B.M.'! Ada County, Idaho; thence North 00°00'00" East' along the Westerly boundaiy of said Section 9, 1;298.53 feet to a point, said point being on the extension of the Southerly boundary line of Commerce Park Subdivision as recorded in Book 45 of Plats at page j ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - 1 s � 3 72 1, records of Ada County; thence leaving said Westerly boundary, South 89°56'30" East along said extension and said Southerly boundary, 1,348;75 feet to a point marking the Southwesterly corner of hot 4, Block 1, of said `subdivision and the REAL POINTS OF BEGINNING; ✓ thence North 00°04'51" West along the Westerly boundary of said Lot 4, 479.96 feet to a point on 'the center line of Commercial Court; ✓ thence North 89056'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Park Subdivision; thence leaving said center line North 00°04'51" West, 409.06 feet along said Easterly boundary tola. found iron pin on the Southerly right-of-way of the Settler's Canal; thence South 6603926" East along said right-of-way, 511.24 feet to a found iron pin; ,/ thence North 89019'55" East along said right-of-way, 458.56 feet to a found iron pin; thence leaving said right-of-way South 00°41'21" West, 690.83 feet to a point on the Northerly right-of-way of the Union Pacific Railroads; os,-+✓ thence South 89°56'18" West along said railroad right-of-way, 1,321.69 feet to the REAL L� k POINT OF BEGINNING. ses ,�`S �bx ✓ Said parcel contains 20:05 acres, more or less. This description is based,upon found monuments and record information. SECTION 2: That the above-described real property be, and thc'same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial District (I -Q. SECTION 4: That the Cit Engineer is hereby City En g y directed to alter all use and area maps as well 1 as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE "(AZ -99-024) - 2 SECTION 5 All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. e � SECTION 6: This ordinance shall be in full force and effect from and after its passage,E approval and publication, according to'law. SECTION 7: The Clerk of the Cit of Meridian shall, i City 1, within ten (10) days follo«nn� the effective dace of this; ordinance, duly file a -certified copy of this ordinance and a ma to ar ld in, PP P a draftsman manner plainly and clearly designating. the boundaries of the City of Meridian including the lands' herein annexed; with the folloMng Officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor andls hall afile ii s also s nuhaneou,ly a certified copy of this ordinance and map with the State Taz Coziimission of the State of Idaho, all in compliance with; Idaho Code §63-2215 arid '§50-223. PASSED B)Y THE �COUNCM OF THE CITY OF MERIDIAN, IDAHO, this �--L day of 2000. E , APPROVED )BY THE MAYOR OF THE CITY OF. MERIDIAN, IDAHO, this _/ day of ;def r14" •, 2000. I OR � I �G ..ATT S?: SEAL E � t CITY CLERT< = 9�c ,0j o 00UN ­� , ANNEXATION AND ZONING ORDINANCE (AZ -99-024) — 3 ]CJI. 1 f Y STATE OF IDAHO,) SS. County of Ada. )' On this--L_day ofF,,0'brt4 _, 2000, before me, the undersi ed, a. Notary Public in and for said State, pers� appeared ROBERT D. CORRIE and WILLIAM G. BERG, 7R., known to me to be the MayorY and Cit Clerk of the CITY of Meridian, Idaho, and who executed the within instrument; and acknowledged to me that the City of Meridian executed the same: 1 IN WITNESS WHEREOF, I have hereunto set my'hand and affixed my official�seal' the day and year first above written. •••-.a..* ,. (SL) ,. - 1>4 NOTAkYtUBUCTOR IDAHO RESIDING AT: fiurideadk,, 16 MY COMMISSION EXPIRES: 471z&100 oFTD.r'• a rlaaaf � cy\Z-\WorkVVW1cridian 15360M\A1beruons\AZ.0RD ANNEXATION AND ZONING ORDINANCE (AZ -99'-024) - 4- 4 F " CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County; and The State Tax Commission of the State of Idaho .r t ,i I, WILLIAM G. BERG, JR.,iyCity Clerk, of the Cit of Meridian, Ada County, Y_. Y State of Idaho, do hereby certify that the attached copy 'of Ordinance No. -9S' passed by the City Council of the City of Meridian, on the _day of � .j��/ . 2000, is a true and correct copy of the original of.said` document which is in the care, ,T custody and control of the„�r,lerk of the City of Meridian. G `�GpR�Fig A' SEAL 9 0� ILLIAM G. BERG, JR.61 G STATE OF IDAHO,��'�?�c:,�```�����` �. ss. County of Ada, ) On this 1 s� day of, Peb'ntA-r�, in the year 2000, before me, 51ht ;_ _ , .a Notary Public, appeared WILLIAM G. BERG; J ., known or identified -to me to be the City Clerk of the City of,Meridian, Idaho that executed the"said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary ublic for Idaho i. Commission Expires: �1_2LOO J 1 msg\2::\Work\MVv1cridisn 153h0M\Albcrtsons\CertificationOEClerkOrd" f # CERTIFICATION OF THE CI'T'Y CLERK OF THE CITY OF MERIDIAN ' E ,. t r. { Y`.,l�n..*� +r,�r"..`�-.t_ .i ` 24. .x l,•. +.�°%iF^�t!*.: �r"s'.s*n SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman. manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASS(�� ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 'day of 2 , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this .day of 2000. ' M 1 4; OR �`���t�n n n rrryrrr SEEAL - +r�r%1ltsq rt�tNN��� ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - 3 .�,.y; t�,•;iv ih .,s.:M.r....'.°'��rrsp",+t`�37`;r:S�`�f.��2'*.'�'�-'r,...,.'rnp.�r—�5s�,tiK.r,,•�'''�:;�-'`t.'r'a: ,.•r"' ..,x"_rf.�',�?�3";*�..r:1:.... Trt'+sr,.e.4,:e;'+F;�,1..,.«Y=at a e."�sv..,�''.r.,:r: -. e � y 8 4 STATE OF IDAHO,) ss. County of Ada. ) F u On this ��fh day of , 2000, before me; the undersigned, a Notary Public in and for said State,`personally appeared ROBERT D. CORRIE and 'i ` WILLIAM G. BERG, JR, known to' me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to, me that the City of Meridian executed the same. IN WITNESS WHEREOF,'I have hereunto set my hand and affixed my official seal the day and year first above written. Ahoxc ;a� (SEAL) NOT Y'PUBLIC FOR IDAHO o RESIDING AT: fxmGC� t p '•:;EoF MY COMMISSION EXPIRES:'q ab -0D ° Y ey\Z.\Work\NWeridian 15360NMbemons\AZ.ORD r ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - 4 1 1 E Meridian City Council •�` "�• �• January 18, 2000 ' Page 25, Bird: Mr. Mayor. Corrie: Mr. Bird. , T Bird: That's what the motion was for was for the reason we had re -opened this was to get rid of the Ada County Highway District thing. So my motion was to make a new Findings of Facts and Conclusions of Law without those in there because that's the reason we had done it. Does that clear it up? Gigray: That's clear. f Bird: That's what my motion is. There's no variance or nothing. deWeerd: That's what my second was. i a Corrie: Good enough. I'm glad we're on the same page. Bird: Now we can get going. l 1 Corrie: Any further discussion? All those in favor of the motion say aye. ie MOTION CARRIED: ALL AYES i Item 4. Public Hearing: Request for annexation and zoning of 20:05 acres -from -M-1 TO.1-L by Albertson's,,-Inc.=�east`of Eagle Road, north -of the railroad tracks and -south of Settlers Canal: , Corrie: Item No. 4 is a public hearing. This is a request for annexation and zoning of 20.05 acres from M-1 to I -L by Albertson's, Inc. east of Eagle Road and north of the railroad tracks and south of Settler's Canal. At this time, I'll open the i public hearing on Item No. 4 and invite City Staff comments first. , I Stiles: Mr. Mayor and Council, this is for the existing Albertson's Sundries facility at the eastern end of Commercial Court off of Eagle Road. In the recommendations to City Council, I had some suggestions for some changes. On Page 1, Item 6 to complete the sentence: properties located east of Eagle Road at the present easterly terminus (sic) of Commercial Court in Meridian. i Page 3, Item 1.2 just to fix the typographical error on "require." On Item 1.8, 1 i don't believe this was brought up at the Planning and Zoning Commission under signage. I would like the Council to consider adding to that that free-standing signs should be limited to a maximum height of 20 feet as a -- Anderson: That is on 1.8? Stiles: 1.8 on Page 3. That that be included as a condition of annexation. I think with those changes and with the applicant's compliance with all ordinances in i U Meridian City Council 0 January 18, 2000 Page 26 effect at the time of issuance of building permit, it is my understanding they would heycalike to discontinue their septic and well system if that exists out there so that they'- can n add onto the facility. I would recommend that on Page 4, Item 1. 11, the requirement fora Development Agreement be deleted. Corrie: Thank you. Anything else, Shari? Stiles: That's all I had. Corrie: All right. This`is a public hearing and it's open. Hear from the developer; Albertson's, representative here tonight. } Beckstrom: We're here, Mr. Mayor. We're not prepared to comment (inaudible)i Corrie: I can hear you, but sometimes the recorder doesn't. One of the: questions I have in this, the questions and deletions and additions at the Planning and Zoning Director did, do you have any problems with those? Beckstrom: No, sir. Corrie: Your name? Beckstrom: My name is Brad Beckstrom. I live at 11429 West Colony Street in Boise. Corrie: Could you please spell your last name, please. Beckstrom: B -E -C -K -S -T -R -O -M. r Corrie: Anything else you'd like to add? Beckstrom: No, sir. Corrie: Thank you. Anyone else from the audience that would like to participate in the public hearing on Item No. 4? Okay. Any questions of the Council? j Bird: I have none. Corrie; I'll entertain a motion to close the public hearing on Item No. 4. Bird: So moved. Anderson: Second. II Corrie: Motion made and seconded to close the public hearing on Item No. 4: All those in favor of the motion say aye. I lu Meridian City Council • January 18, 2000 Page 28 MOTION CARRIED: ALL AYES Item 5. Public Hearing: Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, .Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows east located at the end of Oakcrest Drive: 1 r I iI Corrie: Item No. 5, this is a public hearing request for vacation of 20 -foot I, emergency access by Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al, Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows East located at the end of Oakcrest Drive. I'll open the public hearing and invite staff comments first. , ! Stiles: Mr. Mayor and Council, this is for an existing emergency access that also serves as a pedestrian walkway between Mirage Meadows and Chateau Meadows north of Fred Meyer. The complaint has been that there's been ¢. vandalism occurring along that section and the adjacent property owners would like that access to be discontinued. As you can see, there's this access here: There's very little inter -neighborhood access here. What they've proposed is that this be used as the access between the neighborhoods. Unfortunately, this is still county property, and the City does not control development of that piece. I don't know (inaudible). I would like the Fire Chief, Kenny Bowers, to make some comments on this and set forth his recommendation. Bowers: Mayor Corrie and City Council, when we first started talking about this, I was quite concerned because I didn't realize that the City had a piece of property in that yellow piece right by that arrow. I figured it was all county, and I didn't know how we were going to do this. But after Shari pulled it up, there is just a little piece of property that is the road that is the City property there. My biggest concern, also, was the elevation difference between where the arrow is and Oakcrest. We have taken a truck down there in that area and looked it over.' With a little bit of grading, we should be able to get the elevations satisfiable to myself for the fire trucks. We did try to work out to put a gate there that we could ' just come up and cut the chain and go through it that way, so that would be okay with us at this time until that piece gets developed. My biggest concern is who is going to maintain that road back to that one house like in the wintertime? Part of it is asphalt, part of it's gravel, part of it's dirt. That was one of my concerns.' They are*still going to have to use that as a walkway to get to Fred Meyer so that i gate Will not be the full length of the road, to my knowledge. And we will have to, make sure that there's no parking so we can swing that gate open so we're not — a ' so the gate will not fling back and hit another vehicle and damage it, scratch it. A' lot of the people, from what I understand, that visit this place here, the older house there in the county, they do park at the end of Oakcrest. So we're going to' City of Meridian 1064514 176259 -Ordered ey--------------_. The Idaho Is Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICE PUBLIC HEARING CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on January 18, 2000, for the purpose of reviewing and considering the application of Albertson's, Inc., for annexation and zoning of 20.05 acres with a designation of I -L (Light Industrial) in the south 1/2 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho. I The property is generally located east of Eagle Road on Commercial Court, north of the UPRR tracks and south of the Set- tlers Canal. The property is currently being used as the Albertson's Sundries Warehouse and Distribution Center. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23rd day of December. WILLIAM G. BERG, JR., CITY CLERK Pub. Dec. 31, 1999, Jan. 14, 2000 5901 Amount Due i $51.84 i Rate i Run Dates i 4 l NT DECEMBER 31, 1999 JANUARY 14, 2000 . Estimated Inches Real Inches 1 x`37 LINES #Affidavits Legal Number 1. 1 1 5901 , i JANICE HILDRETH being duly sworn, deposes and says: That she is the Principal Clerk of The 1. Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is- attached hereto; that said notice was published in The Idaho I j Statesman in conformity with Section 60-108, Idaho Code as t. amended, for TWO _ ❑ consecutive weekly ❑ single ❑ consecutive daily El odd skip 1 insertion(s) beginning with the issue of DECEMBRE 31 _ , 1.999 and ending with the issue of JANUARY 14 2000 I , STATE OF IDAHO ) ! 1 ss. l COUNTY OF ADA 1 4 On this 14TH day of JANUARY —in, the year of I 2000 , before me, a Notary Public, personally appeared t: JANICE HILDRETH known or identified 1 to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that'she executed the same. Nota b is or Idaho z Residing at: Boise, Idaho My commission expires: t fi 6• • Amount Due i $51.84 i Rate i Run Dates i 4 l NT DECEMBER 31, 1999 JANUARY 14, 2000 . Estimated Inches Real Inches 1 x`37 LINES #Affidavits Legal Number 1. 1 1 5901 , i JANICE HILDRETH being duly sworn, deposes and says: That she is the Principal Clerk of The 1. Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is- attached hereto; that said notice was published in The Idaho I j Statesman in conformity with Section 60-108, Idaho Code as t. amended, for TWO _ ❑ consecutive weekly ❑ single ❑ consecutive daily El odd skip 1 insertion(s) beginning with the issue of DECEMBRE 31 _ , 1.999 and ending with the issue of JANUARY 14 2000 I , STATE OF IDAHO ) ! 1 ss. l COUNTY OF ADA 1 4 On this 14TH day of JANUARY —in, the year of I 2000 , before me, a Notary Public, personally appeared t: JANICE HILDRETH known or identified 1 to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that'she executed the same. Nota b is or Idaho z Residing at: Boise, Idaho My commission expires: t fi JULIE KLEIN FISCHER Wm. F. GIORAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS• CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR **ALSO ADMITTED IN WA I WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE STEPHEN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 TODD A. ROSSMAN TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 DAVID M. SWARTLEY FAX (208) 288-2501 TEL (208) 466-9272 T.—,— ,— D \Ylu,�e+FM William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re Dear Will: Email,via Internet L wfo@,wppmg.com January 26, 2000 FAX (208) 466-4405 j 1F f I � PLEASE REPLVTO MERIDIAN OFFICE 1 i i I' FTl iTIT UU 'I _ I' I 1 S $lyi l��z�i i.:. ` ALBERTSON'S INC.. A.Z-99-024 / ANNEXATION AND ZONING ORDINANCE Please find enclosed the above ordinance for the annexation and zoning for the Albertson's Inc. Please place this ordinance on the City Council agenda. This ordinance should'not be passed until the Findings of Fact and Conclusions of Lav and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in;part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances. should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was not requested in this matter so I have fashioned the language in the Decision and Order to govern the issuance of needed permits so that Staff can rely upon the Decision and Order in their approval process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. I Very truy urs, , I I I a W . F. Gigr , I msg\z:\Work\M\Meridian I5360M\A1bertsons\C1erk on Ord .Ltr 1' 1 A I �� i ( 9 ** TX CONFI*ION REPORT ** AS OF JAN 274k 07:57 PAGE.01 CITY OF MERIDIAN s { { DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 01/27 07:57 2088886854 EC--S 00'25" 001 161 OK -------------------------------------------------------------------------------------------- I 1 WHITE, PETERSON, PRUSS, MORROW & GICRAY, P A. { ATTORNEYS AT LAW d JULIE XLEIN FISCHER PHILie A. PETERSON 200 EAST CARLTON AVENUE. SUM 31 NAMPA OFFICEI 1 WM. E GtGRA1. R) STPeNEN L. PRUSS POST OFFICE BOX 11.50 104 NINTH AVENUE SOUTH i BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83690.1150 POST OFFICE BOX 247 D. SAMUPL JOHN9oN TODD A. R083MAN TEL (208) 288.2499 NAMPA. IDAHO 83653.0247 1 WT LLIAM A. MoRRow Dmo M. bwARTLEr FAX (108) 288.2501 TEL (208) 466.9271 Wruuw.F. Nicmms* TBRAPNcE R. Wsors" FAX (208) 466-4405 CNRtSTOPHPR S. Nre Entail via Tnantet (o1. wfpp.ppmg.co,n I 'ALSO AOMITTFA IN Olt • ALSO AOMrrrEo IN VA PLEASE REPLY TO MERIDIAN OFFICE (� I I. ;'i J r /U n l i January 26, 2000My OF I- EaD T LNl a I William G. Berg, Jr, I Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 I Rc: ALBERTSON'S INC. AZ-99-024 / ANNEXA'T'ION AND ZONING ORDINANCE I 1 Dear Will: 1. Please find enclosed the above ordinance for the annexation and zoning for the Albertson's Inc. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting i 1 Application For Annexation and Zoning are adopted. I -* Additionally, I did not include_ any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it Is my opinion that annexation and zoning ' L ordinances, should not contain conditions other than a reference to a development agreement if so $ ordered. A development agreement was not requested in this matter so I have fashioned the language , in the Decision and Order to govern the issuance o een deter permits so that Staff can rely upon the, 3: Decision and Order in their approval process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance.' a If you have any questions arise, please advise. I 9 I Very trupAygurs, l/U I 1 W . F. Gjr,I ntsg2Awork\MVAeridian 15360M\AIberts0ns\C1erk on Ord.LLr E { k 1 TO: Shari Stiles J-ENGINEEAS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 City of Meridian Planning & Zoning 200 E. Carlton, Suite 100 Meridian, ID 83642 GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ SHOP DRAWINGS ❑PLANS ❑ PRINTS ❑ COPY OF LETTER ❑ CATALOG SHEETS � k • l ' LETTER OF TRANSMITTAL DATE: 12/07/99 Project No. 11615 PROJECT NAME: Albertson's Sundries PROJECT MANAGER: Ronald M. Hodge, P.L.S. SUBJECT: Parcel Description for Annexation ❑ UNDER SEPARATE COVER via ❑ SAMPLES ❑ SPECIFICATIONS ❑ CHANGE ORDER ❑ I_ COPIES 1 DATE or No. I DESCRIPTION 1 1 1 Parcel Description for Annexation into the City of Meridian I THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ AS REQUESTED ❑ FOR SIGNATURE ® FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ RETURNED FOR CORRECTIONS ❑ FOR BIDS DUE 1997. ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: IF ENCLOSURE j(V �i1� LY NOTIFY US AT ONCE. COPY FOR DEC 1 0 1999 RECEIVED BY: City 6e,a,Qifice J -U -B ENGINEERS, Inc. Lawrence H. Koerner, P.L.S. DATE: PLEASE SIGN- DATE AND RETURN COPY TO J -U -R. January 12, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 18 2000 a APPLICANT: ALBERTSON'S AGENDA ITEM NUMBER: -+ + REQUEST: ANNEXATION AND ZONINE OF 20.05 ACRES FROM M-1 TO 14 1 ` AGENCY COMMENTS CITY CLERK: SEE ATTACHED PARCEL DESCRIPTION CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED RECOMMENDATIONS I CITY POLICE DEPT: REVIEWED ° CITY FIRE DEPT: "NO PROBLEM" CITY BUILDING DEPT: CITY WATER DEPT: ° MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED INFORMATION ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT, HEALTH: "NO OBJECTIONS" E NAMPA MERIDIAN IRRIGATION: "NO COMMENT" SETTLERS IRRIGATION: I IDAHO POWER: f US WEST: ° INTERMOUNTAIN GAS: ' BUREAU OF RECLAMATION: OTHER: ° All Materials presented at public meetings shall become property of the City of Meridian. E I MEMORANDUM: December 3, 1999 a REcEz`'ED F To: Planning & Zoning Commission/Mayor & City Coun ' DEC 0 6 1999 From: Bruce Freckleton, Assistant to City Enginee City of Meridian Brad Hawkins -Clark, Assistant Planner City Clerk Office Re: Request for Annexation and Zoning of 20.05 Acres from'& -1 (Ada County) to Light Industrial (I -L) -- by Albertson Incorporated 1 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council I APPLICATION SUMMARY This Annexation & Zoning application (File AZ -99-024) proposes to annex an existing, 20 -acre, developed parcel in the Commerce Park Subdivision. The property is owned by Albertson Incorporated and is currently used as their distribution center. Due to their expanding employee load, Central District Health is requiring Albertson to abandon their septic system and hook-up to city sewer. Annexation has been recommended by city staff prior to allowing any hook-ups to city services. If annexed, Albertson plan to renovate their offices on the site. LOCATION The subject parcel is located at the east end of Commercial Court in the Commerce Park Subdivision. It is entirely surrounded by existing Meridian city limits. SURROUNDING PROPERTIES North — The Settlers Canal runs along the north boundary line. A 30 -acre, undeveloped parcel owned by VJ Joint Venture lies north of the canal and is already zoned I -L. South — The Union Pacific RailRoad courses the entire south boundary line. There is an undeveloped, 34 -acre parcel south of the railroad and zoned I -L. East — VJ Joint Venture owns the 220 -foot (+/-) wide, undeveloped parcel immediately adjacent to the east. The Meridian School District is constructing a new middle school on the 35 -acre parcel east of the VJ Venture ground. Both of these parcels are zoned T -E (Technical District) in the city limits. t West — Micron Technology (the Crucial building) is west of Albertson on the south and zoned I -L. Their principal use is warehousing, shipping and receiving of computer modules. Micron has submitted an application to erect four temporary trailers behind the existing building to house an additional 80-90 employees. Atbe,t.. S..Wu ..AZ AZ -99-024 .. 9: HUB OF TREASURE VALLEY t. Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax CITY OF MERIDIAN g288-2501 f t ' City Council Members , PUBLIC WORKS � CHARLES ROUNTREE i 33 EAST IDAHO - BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 s DEPARTMENT (208) 884-5533 • Faz 887-1297 MEMORANDUM: December 3, 1999 a REcEz`'ED F To: Planning & Zoning Commission/Mayor & City Coun ' DEC 0 6 1999 From: Bruce Freckleton, Assistant to City Enginee City of Meridian Brad Hawkins -Clark, Assistant Planner City Clerk Office Re: Request for Annexation and Zoning of 20.05 Acres from'& -1 (Ada County) to Light Industrial (I -L) -- by Albertson Incorporated 1 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council I APPLICATION SUMMARY This Annexation & Zoning application (File AZ -99-024) proposes to annex an existing, 20 -acre, developed parcel in the Commerce Park Subdivision. The property is owned by Albertson Incorporated and is currently used as their distribution center. Due to their expanding employee load, Central District Health is requiring Albertson to abandon their septic system and hook-up to city sewer. Annexation has been recommended by city staff prior to allowing any hook-ups to city services. If annexed, Albertson plan to renovate their offices on the site. LOCATION The subject parcel is located at the east end of Commercial Court in the Commerce Park Subdivision. It is entirely surrounded by existing Meridian city limits. SURROUNDING PROPERTIES North — The Settlers Canal runs along the north boundary line. A 30 -acre, undeveloped parcel owned by VJ Joint Venture lies north of the canal and is already zoned I -L. South — The Union Pacific RailRoad courses the entire south boundary line. There is an undeveloped, 34 -acre parcel south of the railroad and zoned I -L. East — VJ Joint Venture owns the 220 -foot (+/-) wide, undeveloped parcel immediately adjacent to the east. The Meridian School District is constructing a new middle school on the 35 -acre parcel east of the VJ Venture ground. Both of these parcels are zoned T -E (Technical District) in the city limits. t West — Micron Technology (the Crucial building) is west of Albertson on the south and zoned I -L. Their principal use is warehousing, shipping and receiving of computer modules. Micron has submitted an application to erect four temporary trailers behind the existing building to house an additional 80-90 employees. Atbe,t.. S..Wu ..AZ AZ -99-024 .. 9: Mayor, Council and P&Z' December 3, 1999 Page 2 k ANNEXATION AND ZONING GENERAL COMMENTS The Ada County Assessor data shows that this site includes two (2) separate legal parcels — a 15 -acre parcel (#51109315380) and a 5 -acre parcel (#R1527260080), as shown on the application vicinity map. The application does not make clear if Albertson's intends to combine the separate parcels or annex them in their current configuration. Only, the smaller, 5 -acre parcel lies within the Commerce Park Subdivision. The larger, 15 -acre parcel (S 1109315380) is an unplatted, county parcel 2. The legal description submitted for the site is incorrect. The distance (1,735.47) from the boundary line of Section 9 to the southwesterly corner of Lot 4, Block 1 appears wrong. The Applicant should correct the legal description and submit prior to the public hearing. The legal does place the site contiguous to city limits. j 3. Staff agrees with the proposed I -L zone. The 1-L zone is permitted and compatible with the comprehensive plan designation. { 4. The subject lots can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits. I ANNEXATION SITE SPECIFIC REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4 2. The site does not currently meet the City of Meridian's minimum landscape requirements. The City will require the site to be brought into compliance with the current landscape standards in effect at the time of any future building permits. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Mbatms sunNes.nz nZ-sv-0za 3 Mayor, Council and P&Z + E. December 3, 1999 Page 3 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and F shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 7. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 8. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 9 11. A Development Agreement will be required as a condition of annexation. RELEVANT COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The property is located in an area designated as Light Industrial in the Comprehensive Plan, which complies with the requested zoning of I -L. Economic Development Chapter Policies 1.2, 1.3, and 1.13U Land Use Chapter Policies 3.1, 3.3, 3.5, 3.6, 3.8, 3.9 Hazardous Areas Chapter 2.3U, 4.3U Community Design Chapter Policies 1.6 RECOMMENDATION Staff recommends approval of the Annexation with the above -stated conditions. AZ -99-024 11 Albemms Sundries. AZ i C� WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATToRNEYs AT LAw KATHY J. EDWARDS JULIEKLEIN FISCUM Wm. F. Gamy, IH D. SAMuEL JomsoN WiLmAM A. MORROW WiLmAtAR NIcHoLs CHRISTOPHER S. NYE PH Lip A. PmmRsoN STEPHEN L. PRUss ERIC S. ROssMAM TODD A. ROssMAN DAVID M. S WARTLEY TERRENCER.WHITE William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 200 EAST CAnTON AVENUE POST OFFICE BOX 1150 MnIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX(208)288-2501 9 E -MA¢.: dms@wPPM*Q0m December 27, 1999 NAWA OFFICE 104NR47HAVENUESOUTH PosT OFFICE Box 247 NAMPA, IDAHO 83653-0247 TEL. (208) 466.9272 FAX (208) 466-4405 PLF AsE REPLY To MERIDIAN OFFICE { 9 ]R]ECRIVIEJ) DEC 2 7 1999 CITY OF MERIDIAN Re: Annexation and Zoning of Albertson's property in Commerce Park Sub Applicant: Albertson's Inc. Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on January 4, 2000. 1 Shari Stiles and Gary Smith have been given copies of the above Recommendations so, they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, David M. wartley - Enclosure ey/ZAWorkVvlWeridian 15360MWbertsons\CC1kEncRec.1u BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER- OF THE ) Case No. AZ -997024 REQUEST FOR ANNEXATION ) AND ZONING OF 20:05 ACRES ) RECOMMENDATION TO CITY AT THE EAST END OF ) COUNCIL s � COMMERCIAL COURT FOR ALBERTSON'S, INC. ) r BY ALBERTSON'S INC. ) ' r i ll INTRODUCTION 1. The property is approximately 20.05 acres in size. The property is r located east of Eagle Road north of Railroad tracks and south of Settler's Canal. The r i fr property is designated as Commerce Park Subdivision. t 3. 2. The owner of record of the subject property is Albertson's Inc., of 250 Park Center Blvd., Boise, Idaho. 3. Applicant is owner of record. {{ I4. The property is presently zoned by Ada County as M-1, and consists of k a distribution center. j 5. The Applicant requested the propertybe zoned as Light Industrial (I -L). 6. The proposed site of the subject property is located. i 7. The subject property is bordered to the north by Settler's Canal and city F, E limits of the City of Meridian are adjacent and abut to the north, south, east and ' RECOMMENDATION TO CITY COUNCIL - .1 ANNEXATION AND ZONING - 20.05 ACRES EAST END OF COMMERCIAL, r ; COURT, BY ALBERTSON'S t 1 1 , 1 I 0 J 0 west of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. a 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian' Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: as a distribution center. 11. The Applicant request zoning of the subject real property as Light Industrial (I -L). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Industrial. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the recommendations of Planning and Zoning staff as follows: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 20.05 ACRES EAST END OF COMMERCIAL COURT, BY ALBERTSON'S 1 jF {a 4 � s w' 6 4 l .1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 The site does not currently meet the City of Meridian's minimum landscape requirements. The City will reuqire the site to be brought into compliance with the current landscape standards in effect at the time of any future building permits. 1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. ' 1.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. RECOMMENDATION TO CITY COUNCIL - 3 ` ANNEXATION AND ZONING - 20.05 ACRES EAST END OF COMMERCIAL COURT, BY ALBERTSON'S f a 1.9 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.11 A Development Agreement will be required as a condition of annexation. Z.\Work\M\MeMian 15360M\A1bertsons\AZRec.wpd a i i 0 0 RECOMMENDATION TO CITY COUNCIL - 4 - ANNEXATION AND ZONING - 20.05 ACRES EAST END OF COMMERCIAL COURT, BY ALBERTSON`S 0 Ada // Atua9t �OGCl2� J�7G�C��NGC� Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 38726100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada:id.us � f I December 13, 1999 Ron Hodge DEC 17 1999 J -U -B Engineering ,rte. of Meridian 250 South Beechwood Avenue - =_Yk Office } Boise, ID 83709 RE: AZ -99-024 — Present Zoning M-1� of, Ada County —.Proposed Zoning I -L in City of Meridian — Albertson Sundries Center The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time.. This item will not be heard by the ACHD Commission unless the t site plan is changed in such a manner as to require Commission review. All future design 'plans and construction shall be in accordance with the Ada County Highway District Policy Manual, 1SPWC Standards and approved supplements., Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. ' Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highwa'y District Road Impact Fee Ordinance. If you have any questions, please feel free to call -me 387-6177 i t Sincerely, Christy Richa'rdson'"'�-- Development Analyst cc: Project File- City ile City Of`Meridia'n w. Alb��'s Ta'3Jdd lUiol ** In ai W W a W6 W w TB/TO'd 8Tzb888 Ol 2,6ZT2,B88BZ S>NOM OT1Hnd NA L2:BB aB. FT Nd. EE r - IAw Zz w r o Z z4 c z a z p 0 zo O n — a 0 _ _ J J N i 0. 0• — a Z V) Ln to 7 AA W U N N •-- W1- Q ` O O ,o .r = v %0 O ch m �o 0- Z Z W V� W S>NOM OT1Hnd NA L2:BB aB. FT Nd. EE i Phone: 888-4433 EXT. 210 Fax: 888-4218 Frac City of Meridian To: TOM SMALTZ From: SHELBY UGARRIZA Fax: 312-559-1217 Date: JANUARY 12, 2000 Phone: 312-454-9100 Pages: 13 (INCLUDING COVER SHEET) Re: ALBERTSON'S CC: ❑ Urgent ❑ For Review ❑ Please Comment b Please Reply ❑ Please Recycle •Comments: PLEASE CALL IF YOU HAVE ANY QUESTIONS. I k ** TX CONFIRMOON REPORT ** AS OF JAN 1214 09.35 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 02 01/12 09:31 31255912171217 EC --S 04'36" 013 108 OK Phone: 888-4433 EXT. 210 Fax: 888-4218 City of • • Fax To: TOM SMALTZ From: SHELBY UGARRIZA 1 Fax: 312-559-1217 Dote: JANUARY 12, 2000 Phone: 312-454-9100 Pager. 13 (INCLUDING COVER SHEET) Re LBERTSON'S C.C: ❑ Urgent ❑ For Review ❑ Please Comment 13 Please Reply ❑ Please Recycle -Comments: PLEASE CALL IF YOU HAVE ANY QUESTIONS. JAN 03 '00 15:35 FR PUBLIC WORKS 2088871297 TO CITY HALL P.01/01 t[ . rn t. FcqvtnFF � I ".� JAN - 3 2000 CITY OF MERIDIAN m a z -w 0, n 0, — D I— o = o z nn 0, N V,.) 0, f1 D 7Q In Z-4 ch cn o cA m '^ -4z m .0 ,0 r- oD N �o z-, z v o O p a b N cn — G N m N mIr j "4 � � l �o�td fav P�� (C -s I ** TOTAL PAGE.01 ** ** TX CONFIRMOON REPORT ** DATE TIME TO/FROM 03 01/12 09:36 31255912171217 Fcx AS OF JAN 12 '00 09:3? PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'42" 002 109 OK Cify of Meridian .. To: i1Wl Q ri W�� From: Fax: 12 Date: 112, 2y 0 V Phone: 31�. '-•� e -11,I)0 Poge5z 2— Re: e1 + ewn S CC ❑ Urgent ❑ For Review ❑ Please Comment O Please Reply O Please Recycle •Commenis: l rt c {—t�;g`ZS l' IGt K Vt 11� 0 ZDYI l t W� VY�CP.�� ►"� CYI q a . I 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: December 9, 1999 TRANSMITTAL DATE: November 23. 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 IN ADA COUNTY) BY: ALBERTSON'S.INC. LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL (EXISTING ALBERTSON'S SUNDRIES CENTER LOCATION) TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z KEITH BORUP, P/Z `ROBERT CORRIE, MAYOR IRON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT ^_SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT X—r—FIRE•DEPARTMENTT'� POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER RWEIV�`'D DEC - 2 1999 CITE' OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 City Council CITY OF MERIDIAN Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND'ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 - Faz 887-1297 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: December 9, 1999 TRANSMITTAL DATE: November 23. 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 IN ADA COUNTY) BY: ALBERTSON'S.INC. LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL (EXISTING ALBERTSON'S SUNDRIES CENTER LOCATION) TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z KEITH BORUP, P/Z `ROBERT CORRIE, MAYOR IRON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT ^_SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT X—r—FIRE•DEPARTMENTT'� POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER RWEIV�`'D DEC - 2 1999 CITE' OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 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: December 9, 1999 TRANSMITTAL DATE: November 23. 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 IN ADA COUNTY) BY: ALBERTSON'S, INC. LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL (EXISTING ALBERTSON'S SUNDRIES CENTER LOCATION) ' TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _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 _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT 4c--POLICE`DEPARTMENT=7� CITY ATTORNEY ^_CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA-MERIDIAMRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM;& FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) _INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) HUB OF TREASURE VALLEY � i ' Mayor ROBERT D. CORP IE A Good Place 10 Live LEGAL DEPARTMENT City Council CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 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: December 9, 1999 TRANSMITTAL DATE: November 23. 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 IN ADA COUNTY) BY: ALBERTSON'S, INC. LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL (EXISTING ALBERTSON'S SUNDRIES CENTER LOCATION) ' TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _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 _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT 4c--POLICE`DEPARTMENT=7� CITY ATTORNEY ^_CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA-MERIDIAMRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM;& FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) _INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) 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: December 9, 1999 TRANSMITTAL DATE: November 23, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 IN ADA COUNTY) BY: ALBERTSON'S, INC. LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL (EXISTING ALBERTSON'S SUNDRIES CENTER LOCATION) TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _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 � c SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORN EY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ' IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: �teaf "1 N O V 2 9 1999 CITY OF .MERIDIAN t S HUB OF TREASURE VALLEY " Mayor ROBERT D. CORRIE A GoodPlace to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 - Faz 887-1297 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: December 9, 1999 TRANSMITTAL DATE: November 23, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ -99-024 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO I -L (CURRENTLY M-1 IN ADA COUNTY) BY: ALBERTSON'S, INC. LOCATION OF PROPERTY OR PROJECT: EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL (EXISTING ALBERTSON'S SUNDRIES CENTER LOCATION) TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _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 � c SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORN EY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ' IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: �teaf "1 N O V 2 9 1999 CITY OF .MERIDIAN 11 77, A 11 '1000 Uri BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ALBERTSON'S INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 20.05 ACRES AT THE EAST END OF COMMERCIAL COURT FOR ALBERTSON'S INC. Case No. AZ -99-024 01-26-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Brad Beckstrom, and no one appeared in opposition, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 i STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: $ 3 CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. j f � 1 Annexation: 1 1. The City of Meridian has authority to annex real property upon written o a request for annexation and the real property being contiguous or adjacent to city 3 E i 9 boundaries and that said property lies within the area of city impact as provided by r , Ikr k i a � a Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may ' annex real property that is within the Meridian Urban Service Planning Area which is[ designated, in the Comprehensive Plan City of Meridian adopted December 21, 1993, G Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. t l 1 i 4 2. The City Council -exercises its legislative authority, in the annexation P and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 1 65 (1983). 1. Prior to annexation the City Council shall request and receive a 1 t ( k recommendation from the ,Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 �1 j 1 immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [Meridian City Code § 11-16-1.] Zoning: 1 3. ont 3. The City of Meridian shall exercise the powers conferred upon it by tthe Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of, Title 67 Idaho Code which provides that the Council shall by ordinance establish' within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits J for which annexation has been requested. [Meridian City Code § 11-1-3.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning 1 districts. [Meridian City Code §§ 11-1 - 11-21.] 1 5.1 The "Zoning Ordinance" provides a zoning district (I -L) Light Industrial District which is defined as: [Meridian City Code § 11- 7-2 N.] (I-1) Light Industrial District: The purpose of the I -L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area I FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 CENTRAL CENTRAL DISTRICT'HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ' WHEALTH,J?EcEwED DEPARTMENT . Rezone dn S -a z . DEC - ,8 1999 Conditional Use #C�'�' ' 'i RIDI ,N� Preliminary/ Final / Short Plat Return to: ❑ Boise E] Eagle Garden_ City Meridian ❑ Kuna ❑ ACz I. We have No Objections to this Proposal. 2: We -recommend Denial of this, Proposal. - F 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.,; x 5€ 5. r 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 s 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. _ 9 7. This project shall be reviewed by the Idaho Department of Water -Resources concerning well construction and water availability. 8. v 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 r ❑ individual sewage ❑ +individual water F + 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality:. El central sewage 11community sewage sa.ystem ❑ community water'+ ❑ sewage dry lines ❑ central water - 0 10.ry Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be*determined if other ' considerations indicate approval. 0 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage r Regulations. Q 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 [] 14. Date: /X 716 4 5 ryReviewed By: r " 1 f Review roxoWioi9i.u9i Sheet ' q:> i • Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 11 and 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian 3 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately20.05 acres in size. The property is located east of Eagle Road north of Railroad tracks and south of Settler's Canal. The property is designated as Commerce Park Subdivision, and described as follows: A parcel of land being a portion of the South half of Section 9, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Southwest comer of Section 9, T.3N., R.IE., B.M., Ada County, Idaho; thence North 00°00'00" East along the Westerly boundary of said Section 9, 1,298.53 feet to a point, said point being on the extension of the Southerly boundary line of Commerce Park Subdivision as recorded in Book 45 of Plats at page 3721, records of Ada County; thence leaving said Westerly boundary, South 89°56'30" East along said extension and said Southerly boundary, 1,348.75 feet to a point marking the Southwesterly corner of Lot 4, Block 1, of said subdivision and the REAL POINT OF BEGINNING; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION, AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 F t , i January 7, 2000 Van Aukers Attn: Brad Miller 3084 East Lanark Meridian, Idaho 83642 Dear Brad, Per your request, you'll find enclosed the copy of the recommendations from the Planning and Zoning Commission to the City Council. If you have any questions, please feel free to call. Sincerely, Shelby Ugarriza City Clerk's Office enc. a c MERIDIAN PLANNING & ZONING MEETING: December 1999 I APPLICANT: ALBERTSON'S ITEM NUMBER: .8 w" s REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES FROM M-1 TO I -L AGENCY COMMENTS CITY CLERK: a CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: i OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Y 0 E F Meridian City Code § 11-2-4 which pertains to development time schedules and requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for January 18, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 18, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 1 with traffic on surrounding public streets; 5.5. 11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendment in the best interest of the City of Meridian. j i 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. Development Conditions: ' 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City. i Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- I 16-4. 8. Since the annexation and zoning of land is a legislative function, the { City has authority to place conditions upon the annexation of land. See Burt vsJhe City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 0 residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code § 11-6-1.] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § 11-6-1.] 9 i 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning dnd Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-11]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is ,the area included in the zoning amendment intended to be the in the future; 5.5.3 Is the area included in the zoning amendment intended to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5. 10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 E � Z. DEC 0 6 101)9 ORGANIZES '.Q74 City of Meridian ' , Cm4ezcwity 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 December 1, 1999 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk .Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 a Re: AZ -99-024 Annexation and Zoning of 20.05 Acres to IL for Albertson's Inc. Dear Commissioners: I The .Nampa & Meridian Irrigations District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din CC: File — Shop l File — Office Water Superintendent Albertson's Inc., 250 Parkcenter Blvd., Boise, ID 83726 J -U -B Engineers, Inc., 250 S. Beechwood Ave., Boise, ID 83709 1 i r s-- - 4nv sois� idian f)ffice 4, ! � r PP^� t t APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 E BOISE PROJECT RIGHTS - 40,000 I , thence North 00°04'51" West along the Westerly boundary of said Lot 4, 479.96 feet to a point on the center line of Commercial Court; thence North 89°56'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Park Subdivision; thence leaving said center line North 00°04'51" West, 409.06 feet along said Easterly boundary to a found iron pin on the Southerly right-of-way of the Settler's Canal; thence South 66°39'26" East along said right-of-way, 511.24 feet to a found. iron pin; thence North 89°19'55" East along said right-of-way, 458.56 feet to a found iron pin; thence leaving said right-of-way South 00°41'21" West, 690.83 feet to a point on the Northerly right-of-way of the Union Pacific Railroads; thence South 89°56'18" West along said railroad right-of-way, 1,321.69 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.05 acres, more or less. I This description is based upon found monuments and record information. 5. The owner of record of the subject property is Albertson's Inc., of 250 Park Center Blvd., Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as M-1, and consists of a distribution center. 8. The Applicant requested the property be zoned as Light Industrial (I -L). 9. The proposed site of the subject property is located east of Eagle Road FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 q a { at the present easterly terminus (sic) of Commercial Court in Meridian, Idaho. 10. The subject property is bordered to the north by Settler's Canal and city limits of the City of Meridian are adjacent and abut to the north, south, east and west of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. , The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a distribution center. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Light Industrial (I -L). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Industrial. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: The property is located in an area designated as Light Industrial in the Comprehensive Plan, which complies with the requested zoning of I -L. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.13U Land Use Chapter Policies 3.1, 3.3, 3.5, 3.6, 3.8, 3.9 Hazardous Areas Chapter 2.3U, 4.3U CommunitDesign Chapter Policies 1.6 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning I jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed as a condition of Staff review and approval of 3 development permits, and which restrict the use and development of the , subject real property under the Light Industrial Development procedures and pursuant to the conditional use permit process, to -wit: , Adopt the recommendations of Planning and Zoning staff as follows: 1. 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance I1-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 i • 16. 10 All construction shall conform to the requirements of the Americans with Disabilities Act. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. IS. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and is set forth in Finding No. 16. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW; the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 City Council does hereby Order and this does Order: ', 1. The applicant's request for annexation and zoning of approximately 20.05 acres to Light Industrial (I -L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.05 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 The site does not currently meet the City of Meridian's minimum landscape requirements. The City will require the site to be brought into compliance with the current landscape standards in effect at the time of any future building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 3.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 3.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. That free-standing signs should be limited to a maximum heigh of 20 feet. 3.9 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 4. The City Attorney shall prepare for consideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 l t Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (I -L) Light f Industrial District (Meridian City Code § 11-7-2-N). 5. Subsequent to the passage of the Ordinance provided for in { r section 4 of this Order the engineering staff of the Public Works Department k shall prepare the appropriate mapping changes;,of the official boundaries and F zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. 4 t 6 J! M r FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 interoffice MEMORANDUM n IRWEIVED To: William G. Berg, Jr. J U N 13 2000 From: Wm. F. Nichols MY OF M ER,IDM Subject: Albertsons (98710 - Sundries Center) Date: June 8, 2000 Will: Please find attached the original, executed Sanitary Sewer Easement pertaining to the Albertsons Sundries Center located in Commerce Court in Meridian. The Sanitary Sewer Easement will now need to be recorded with the Ada County Recorder's office. After you have received the document back from the' Recorder's office, please forward recorded copies to the Grantor, Public Works, and the City Attorney. If you have any questions arise, please give me a call. J 0 ZAWorkUvl\Meridian 15360M\Albertsons\Berg060800:Mem Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 The site does not currently meet the City of Meridian's minimum landscape requirements. The City will require the site to be brought into compliance with the current landscape standards in effect at the time of any future building permits. 16.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 16.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 16.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. That free-standing signs should be limited to a maximum heigh of 20 feet. 16.9 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: � - (/�- City Clerk msg/ZAWork\M\Meridian 15360MWIbertsons\AZFFCIs Dated: Z /— 00 YuuFitrrrrrri� i 01F SEAL 9-'C 5 A U7- 1 S1 - "rrra11 nw%\`�� a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 n I NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the %sem day of _ 2 �G� , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED �- A COUNCILMAN KEITH BIRD VOTED*w COUNCILPERSON TAMMY deWEERD VOTEDf�' COUNCILPERSON CHERIE McCANDLESS VOTED w MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2 �_ 690 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 I 9 Meridian City Council Meeting February 1, 2000 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert Corrie. Members present: Robert Corrie, Keith Bird, Cherie McCandless, Ron Anderson. Members absent: Tammy deWeerd. Others present: Gary Smith, Shari Stiles, Bill Gordon, Ken Bowers, Bill Nichols, Will Berg. Corrie: All right. I'll open the City Council meeting for February 1, 2000, at 7:30 p.m. I'll have roll -call first; Mr. Clerk. Thank you. Welcome everyone here this evening. It's nice to see the warm weather. In Washington D.C., it's cold and snowy and even the taxicab people didn't want to get out. Item A. Approve minutes of January 18, 2000, Special Pre -Council meeting: Item B. Approve minutes of January 18, 2000, City Council meeting: Item C. Dog License Agreement with The Pet Hospital: Item D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I -L for Ten Mile Mini Storage by Ed Bews — west of Ten Mile and north of Ustick Road: Item F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane — 3610 W. Ustick Road: Item G. Findings_of Facts_and Conclusions of Law:. AZ99-024-Request [for, annexation , and zoning of 20.05 , acres to I -L by Albertson's, Inc. — east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, Lots 16 and 17 11 Meridian City Councii Meeti February 1, 2000 Page 2 0 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Item I. Findings of Facts and Conclusions of Law: VAC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC — south of Cherry lane, west of Ten Mile on Gray Cloud Way: Item J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L -O for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use perm_ it on a single site and an ancillary restaurant in an L -O zone for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit — Commercial subdivision mini -storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC — 1230 East Overland Road: Item M. Approve bills: Corrie: Okay. We have on the Consent Agenda tonight Items A through M. Council, pleasure on Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we pull Item D which is an agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., to Item 1A on the Regular Agenda; Item F which is the Findings of Facts and Conclusions of Law, pull that to 10B, we need to discuss something on that; Items I, J, K and L, table to 2/15/2000. If that's agreeable to Council, I'll make,a motion that we accept the Consent Agenda as noted. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items D, F, I, J, K and L. Further discussion? I have Meridian City Council Meeti February 1, 2000 Page 3 - a t i one thing, Mr. Bird. On Item C and the dog license agreement — do you want to — we don't need to pull it. We discussed it earlier. Bird: Are we going to take that — I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll -call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Jerry Madison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated oh if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an 91 • EXHIBI T "B" SANITARY SEWER LOCATI( A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 9, TOWNSHIP 3 NORTH, RA CITY OF MERIDIAN, ADA COUNT r NOT TO SCALE f F F f, 9 I { E• „E 00' 1 � , -F . i FILE COPY y SANITARY SEWER EASEMENT THIS INDENTURE, made this TtS day of uAm _ , 2000 between Albertsons, Inc., a Delaware Corporation, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary, sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others at no cost to Grantor; and F WHEREAS, it will be necessary to maintain and service said pipeline from'time to time by the Grantee at no cost to Grantor; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give; grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience, of the Grantee, with the right of access to such facilities at any and all times as follows: In non -emergency situations, the Grantee shall give reasonable advance notice before entry -onto Grantor's premises for the purpose of maintaining the sewer. Sewer Main Easement Page 1 Z:\Work\M\Meridian 15360M\Public Works\Sanitary Sewer Easements\SanitSewerEasmt R x • • line and allied facilities. In emergency situations, Grantee shall contact Grantor's management or security personnel on the premises, inform them of the emergency and the need`to enter the premises to initiate emergency repairs. Grantor 'shall use its best efforts to provide Grantee with immediate access to the premises. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace= and restore the premises at no cost to Grantor to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area -described in this easement. THE. GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers, within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that it is lawfully sei zed. and possessed of 'the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant `and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever claiming through or under Grantor. Anything in this instrument to the contrary notwithstanding, Grantee by recording this instrument and/or exercising the rights herein granted agrees to the following conditions: ; a (a) ` The easement(s) herein granted are subject to all easements °'and encumbrances of record and are non-exclusive provided later granted easements shall be subject to Grantee's rights and uses, provided, however, that before 'any other easements are granted to any other party in the same area as Grantee's easement, Grantee shall be given a reasonable opportunity to comment regarding the other easements. . tl (b) All lines, equipment and their related components and supports placed within- the described easement area(s) by Grantee, or Grantee's agents or Sewer Main Easement Page 2 Z:\Work\M\Meridian 15360M\Public Works\Sanitary Sewer Easements\SanitSewerEasmt 4 contractors, pursuant to this instrument (Grantee's Property") shall remainlithe property of Grantee. l (c) Grantee shall at all times safely operate and maintain Grantee's Property within the described easement area(s) and shall promptly repair and restore to its prior condition any paving, parking lot striping or other improvements; provided however, Grantee shall have no need to replace any planters or light standards existing within the desdribed easement area which are disturbed by construction and so forth. (d) Grantee shall not in the exercise of the within easements(s) unreasonably interfere or obstruct Grantor', or Grantor's agents or contractors, in the location or construction of any buildings located in the area adjoining the described easement area(s), or unreasonably interfere with any business of Grantor. Nothing in the Paragraph (d), however, shall allow Grantor or Grantor's agents or contractors to construct a building or other major structure withinfrthe described easement area as provided herein above, or to unreasonably interfere with Grantee's rights to construct, operate, and maintain Grantee's Property hereunder. F (e) After recording -this instrument, Grantee shall provide Grantor with the date, instrument number, book and page of recording. a I Sewer Main Easement Page 3 Z:\Work\M\Meridian.15360Wublic Works\Sanitary Sewer Easements\SanitSewerEasmt IN WITNESS WHEREOF, the said parties of the first part have hereunto, subscribed their signatures the day and year first herein -above written. ALBERTSON'S, INC., a Delaware corporation William H. Arnold, Vice -President Real Estate Law STATE OF IDAHO) ss. County of Ada ) On this -1 � day of _ , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared William H. Arnold, known or identified, to me to be the Vice -President, respectively, of the corporation that executed the within instrument, and acknowledged to me that'; suchi corporation executed,the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist. above written. E. r a t1OTA*k NOTARY PUBLIC FOR IDAHO Residing at: &U, Commission Expires: Q ` OF 1 . G z r Sewer Main Easement Page 4 Z:\Work\M\Meridian 15360M\Pubhc Works\Sanitary Sewer Easements\SanitSewerEasmt i y �3 ANDERSON -DAVID SOCIATES, INCIIIIN• EXHIBIT A y kq y f ALBERTSON'S SUNDRIES CENTER SANITARY SEWER EASEMENT TO THE CITY OF MERIDIAN" a A parcel of land located in a portion of the South half of Section 9, Township 3 North,'Range' 1 East of the Boise -Meridian, Ada County, Idaho, more particularly described as follows: " Commencing at the Southwest corner of Lot 4, Block 1 of Commerce Park Subdivision, said subdivision being recorded in Book 45 of Plats at Page 3721, Official records of Ada County, Idaho; thence North 00°04'51" West along the Westerly line of said Lot 4 and the northerly extension thereof, a distance of 479.96 feet to a point on the center line of Commercial Court; thence North 89°56'23" East.along said center line, a distance of 386.72 feet to the POINT OF BEGINNING, said point being on the Easterly boundary line of said Commerce Park Subdivision; thence North 00°04'51" West, a distance of 10.00 feet along said Easterly boundary line; thence South 88'29'27"' East, a distance of 329.74 ,feet; thence South 85'15.'40" East, a distance of 431.22 feet; thence South 01117'14" East, a distance of 97.79 feet; thence North 89'14'46" East, a distance of 169.91 feet; thence South 00°41'21" *East, a distance of 20.00 feet; thence South 89'14'46" West, a distance of 189.70 feet; thence North 01'17'14" West, a distant of 99.61 "feet; thence North 85'15'40" West, a distance of 412.66 feet; thence North 88'29"27" West, a distance of 328.62 feet to a point on the Easterly boundary line of said Commerce Park Subdivision; thence North 00°04'51" West, a distance of '10.00 feet along said Easterly boundary line to the POINT OF BEGINNING. , Said parcel of land contains 20,592 square feet or 0.47 acres more or less. -T This description is based ori record information. 417-1> 4 Stiff NL LAND 0. i�,' 7314 0�'d OFT���So N N. X 3 Land Surveying Services 1843 Broadway Ave., Suite 101B, Boise, ID 83706 208.363.0058 fax 208.363.0800 e Meridian City Council Meet February 1, 2000 Page 7 - Community, LLC, south of East Franklin Road and east of South Locust Grove Road. Mr. Clerk, will you read Ordinance No. 856 by title only. , Berg: Thank you, Mr. Mayor. Ordinance No. 856: An Ordinance finding that certain land lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has,made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated for Parcel A low-density residential district (R-4) and Parcel B office district (L -O); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinance, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to ad'd said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor; Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Thank you. Is there anyone from the audience that would like to have Ordinance No. 856 read in its entirety? Hearing none, Council, I'll entertain a motion for Ordinance No. 856. Bird: Mr. Mayor, I move that we pass Ordinance No. 856, request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge Community, LLC, south of East Franklin Road and east of South Locust Grove Road with a suspension of rules. McCandless: I second. Corrie: Motion is made and seconded to approve Ordinance No. 856 with suspension of rules. Any further discussion? Hearing none, roll -call vote. Roll -call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye MOTION CARRIED: THREE AYES, ONE ABSENT �. tonin of 20.05- acres to 1-L9-024... Request for annexation, -and,] 9 emTm Ordinance No.,:.857: AZ ~9by Albertson's,-°Iric.—east of -Eagle Road, north of the railroad tracks and south of Settler's Canal: Corrie: Item No. 84 is Ordinance No. 857, request for annexation and zoning of 20.05 acres to I -L by Albertson's, Inc., east of Eagle Road, north of the railroad Meridian City Council Meef • February 1, 2000 Page 8 tracks and south of Settler's Canal. Mr. Clerk, if you will read Ordinance No. 857 by title only, please. Berg: Thank you, Mr. Mayor. Ordinance No. 857: An Ordinance finding that certain lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated light industrial district (I -L); and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinance, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 53-2215. Corrie: Thank you. Is there anyone from the audience that would like to have Ordinance No. 857 read in its entirety? Yes. Corrie: All right. Mr. Nichols, if you would please do us the honor, please. .1 Nichols: (Read Ordinance No. 857 in its entirety) Corrie: Okay. Council, you heard the reading of Ordinance No. 857. I'll entertain a motion on the Ordinance No. 857. ' Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 857, a request for annexation and zoning of 20.05 acres to I -L by Albertson's, Inc., with suspension of the rules. Bird: Second. Corrie: Motion's made and seconded to approve Ordinance No. 857 from this reading and the Ordinance with the suspension of rules. Any further discussion? Hearing none, roll -call vote. Roll -call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT FEB 02 '00 10:32 FR CITY OF MERIDIAN 208 884 4259 TO.PUBLIC WORKS P.02iO4 1 J Q N 2 s 2000 CITY 0111" A . CITY of MERIDL4 N ORDINANCE NO. 957 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY Of MERIDIAN, COUNTY OF ADA, STATE OF TOA.I-IO; AND FINDING THAT THE OWNER HAS MADE .A,REQUEST FORANNEXATIONIN' WRITING "I'O '1HE COUNCIL; AND TI-I.AI' SAID LAND BE ANNEXED TO THE CITY Or MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I-L);j AND DECLARING 'I'i1AT SAID LAND, BY, PROPER, LEGAL DESCRIPTION AS DESCRIBED, BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN. CONFLICT HEREWTTH; AND DIREC-I'1NG THE CITY ENGTNFER TO ADD I SAID. PROPERTY TO. THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO;, AND DIRECTING T1IE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY Of.' THE ORDINANCE AND MAP OF THE AREAS TO BE .ANNEXED WITH ADA COUNTY RE( , ''ORDER, AUDITOR, TREASURER ANIS ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT -TO IDAHO COD); SEC 1`ION,50 223 AND SECTION 63-2215. R BE IT ORDAINED' BY THE MAYOR AND THE COUNCIL OF THE CI 17Y 0F, MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION" I. FINDINGS: That the following described land is contiguous and adjacent , to the City of Meridian, Idaho, and that the City of Meridian has received a written request ;for annexation to the City of Meridian, Idaho, by the owner of said -Property to -wit: A parcel of land being a portion of the South half of Section 9, 1.3N., R.1'C„ B.Nl.,tA,dd County, Idaho, and more particularly described as follows: Commencing at a point marking the Southwest corner of Section 9, T.3N., R. 1E., B. M:, Ada County, Idaho; thence North 00000'00" East. along the Westerly boundary of said Section 9, 1,198..53 feet -to: a point, said point being on the extension of the Southerly boundary line of Commerce Park Subdivision as recorded in Book 45 of Plats at page ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - I 0 V i January 26, 2000 I\- - MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1, 2000 e APPLICANT: ALBERTSON'S INC. - ORDINANCE AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO 14 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED ORDINANCE E 241 � PD c 6,.vvc�o,s,,,vuw 4" s—L BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. r FEB 02 '00 10:32 FR CITY OF MERIDIAN 2oe eB4 4259 TO PUBLIC WORKS P.03iO4 j I 3 72 1, records of Ada County; thence leaving said Westerly boundary, South 89°56'30" East along said extension and said Southerly boundary, 1,348.75 feet to a point marking the Southwesterly corner of Lot 4, Block 1, of said subdivision and the REAL, POINT OF BEGINNING; thence North 0U°04'51" West along the Westerly boundary of said Lot 4., 479.96 feet to a point on the center line of Commercial Court; thence North 89°56'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Park Subdivision; thence leaving said center line North 00°04'51" West, 409.06 feet along said Easterly boundary to a found iron pin on the Southerly right-of-way of the Settler's Canal; thence South 66°39"26" East along said right-of-way, 511.24 feet to a found iron pin; thence North. 89019'55" East alongsaid right-of-way, 458.56 feet to a found iron pin;' 1 1 thence leaving said right-of-way South 00°41'21" West, 690.83 feet to a point. on the Northerly right-of-way of the Union Pacific Railroads; thence South 8905618" West along said railroad right-of-way, 1,321.69 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.05 acres, more or less. This description is based upon found monuments and record information. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be coned Light Industrial District (I -L). SECTION 4: 'That the City Engineer is hereby directed to alter all use and area maps as "vell as the official zoning maps, comprehensive plan and all official maps depicting the boundariI s of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - 2 ** TOTAL PAGE.04 i FEB 02 '00 10:32 FR CITY OF MERIDIAN 208 ee4 4259 TO PUBLIC WORKS P.04/04 0 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION" 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SEC'T'ION 7: The Cleric of the City of Meridian shall, within ten (10) days following the I effective date of this ordinance, duly file a certified copy of this ordinance and a neap prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, .Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the Statc '1 ax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. c� PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this � — day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. a 7;; zw, "4mo Of hae)t ,1`1����U111 {111/111j!!! ATT ST: SEAL CITY CLERK V I> COIJ ANNEXA'T'ION AND ZONING ORDINANCE (AZ -99-024) - 3 ** TOTAL PAGE.04 ** MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 February 17, 2000 Albertson's, Inc. Attn: Scott Edens 250 East Parkcenter Boulevard Boise, ID 83706 Dear Mr. Edens, 1 LEGAL DEPARTMENT (208) 288-2494- Fax 288-2501 PUBLIC- WORKS BUILDING DEPARTMENT ,(208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 Y You will find enclosed a copy of the signed Findings of Facts and Conclusions of Law and Decision of Order. Thank you for your patience, and please feel free to call if you have any concerns. Sincerely, Shelby Ug rriza City Clerk's Office seu January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1 2000 APPLICANT: ALBERTSON'S. INC. AGENDA ITEM NUMBER: REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO Id AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. f o,X,eA +v 3-15- 4b25 1 ** TX CONFIRM10ON REPORT ** AS OF FEB 01 '00 12:02 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 05 02/01 12:00 ALBS DIST. PROJECTS OF --S 02'11" 009 010 OK JAN 2 6 Noo CITY OF YIERII M BEFORE THE MERIDIAN CITY COUNCIL 01-26-00 IN THE MATTER OF THE ) Case No. AZ -99-024 APPLICATION OF ) ALBERTSON'S INC., THE ) FINDINGS OF FACT AND APPLICATION FOR ) CONCLUSIONS OF LAW, ANNEXATION AND ZONING ) DECISION AND ORDER OF 20.05 ACRES AT THE EAST ) GRA.NTING APPLICATION END OF COMMERCIAL ) FOR ANNEXATION AND COURT FOR ALBERTSON'S ) ZONING INC. ) The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and 3 testifying on behalf of the Applicant. was Brad Beckstrom, and no one appeared in opposition, and hawing received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly I considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ -99-024 ** TX CONFIRMON REPORT ** DATE TIME TO/FROM 06 02/02 10:32 PUBLIC WORKS Fax AS,OF FEB 02 '00 10:33 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'57" 004 040 OK Phone: (208) 8884433 Fax: (208) 8884218 To: Gary Smith From. Shelby Fax:.. -377-7371 Date: February 2, 2000 Phone: Pages. 4 Re: Albertson's Ordinance CC: o Urgent o For Review o Please Comment o Please Reply o Please Recycle Gary, could you send over a map for Albertson's AZ 99-024 to record the Ordinance? Thanks!! Shelby. f .. R f Phone: (208) 888-4433 Fax: (208) 888-4218 To: Gary Smith _r From: Shelby Fax: 377-7371 Date: February 2, 2000 Phone: Pages: 4 Re: Albertson's Ordinance CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 3 Gary, could you send over a map for Albertson's AZ 99-024 to record the Ordinance? Thanks!! Shelby. s t k a ** TX CONFIRAN REPORT ** DATE TIME TO/FROM 06 02/02 10:32 PUBLIC WORKS Fax AS,OF FEB 02 '00 10:33 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'57" 004 040 OK City of Meridian City Clerk's Office 8884433 , Fax* (208) 8884218 To: Gary Smith From: Shelby Fax: 377-7371 Date: February 2, 2000 Phone: Pages: 4 Re: Albertson's Ordinance CC: o Urgent o For Review ❑ Please Comment o Please Reply o Please Recycle Gary, could you send over a map for Albertson's AZ 99-024 to mord the Ordinance? Thanks!! Shelby. LI Fax i Phone: (208) 888-4433 Fax: (208) 888-4218 To: Gary Smith e�' map -� Fax: 377-7371 Phone: 12M 1 Re: Albertson's t r ❑ Urgent ❑ For R ply ❑ Please Recycle pec e A Gary, could you s_.__-,---.-_---.�---�____�__._-- 9-024 to record the Ordinance? Thanks!! Shelby. January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY l 2000 APPLICANT: ALBERTSON'S INC. - ORDINANCE AGENDA ITEM NUMBER: 4 j REQUEST: ANNEXATION AND ZONING OF 20.05 ACRES TO 14 � AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED ORDINANCE r CITY POLICE DEPT: CITY FIRE DEPT: " CITY BUILDING DEPT: F CITY WATER DEPT: k MERIDIAN SCHOOL DISTRICT: �J N POST OFFICE: MERIDIA O ( a ADA COUNTY HIGHWAY DISTRICT: E ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: + 'i IDAHO POWER: US WEST: t INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: Materials presented at public meefings shall bec6me properly of fhe City of Meridian. I 0 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. i?– passed by the City Council of the City of Meridian, on the day of 2000, is a true and correct copy.of the original of said document which is in the care, p custody and control of thQ,,Qty,Qerk of the City of Meridian. o , MEAL ILLIAM G. BERG, JR. 61 00 STATE OF IDAHO, ss. County of Ada, C On this l s day of a r, in the year 2000, before me, d�u e. ri2-6— , a Notary Public, appeared WILLIAM G. BERG, J ., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ' J� (SEAL) Notary ublic for Idaho Commission Expires: msg\Z:\Work\M\Meridian 15360M\Albertsons\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN { rl i STATE OF IDAHO,) ss. County of Ada. ) F On this 'S day of�.eLjYGti� , 2000, before me, the undersigned, a r Notary Public in and for said State, personally appeared ROBERT D. CORRIE and a WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. I" IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. O (SEAL) a: NOT UBLIC FOR IDAHO 3� r RESIDING AT: 16 MY COMMISSION EXPIRES:Ite"Z(a oD OF ID f ey\Z:\work\M\Meridian 153 60M\A1bertsons\AZ. ORD a k r [1 f G t ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - 4 t¢ 6 f 9 w c { f G t ANNEXATION AND ZONING ORDINANCE (AZ -99-024) - 4 0 9 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN'FISCHER PHILIP A. PETERSON Wm. F. GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM R NICHOLS* TERRENCE R. WHITE`* CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "'ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wf @wppmg.com January 26, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE Ric - JAN 2 6 2000 CITY OF MERIDIAN Re: ALBERTSON'S INC. AZ -99-024 / ANNEXATION AND ZONING ORDINANCE Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Albertson's Inc. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is'iny opinion that annexation and zoning ordinances should not contain conditions other than a'reference to a development agreement if so ordered. A development agreement was not requested in this matter so I have fashioned the language in the Decision and Order to govern the issuance of needed permits so that Staff can rely upon the Decision and Order in their approval process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very tru y urs, W F. Gigr I msg\Z:\Work\M\Meridian 15360M\Albertsons\Clerk on Ord .Ltr Meridian Planning and0ning Commission Meeting December 14, 1999 49 Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins,' ET AL—Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau Meadows East located at the end of Oakcrest Drive with the staff recommendations except for discussion about the see through fence and that -apart from staff recommendations that the easement be fully closed off and a center line fence be placed there END SIDE 4 ** Barbeiro: that a property line fence be placed down the easement and be done within 6 months. Hatcher: And, a center line fence would have to be constructed gates and closing off the existing conditions not allowed. Borup: We do have a motion. Do we have a second? Hatcher: Second. Borup: Discussion. The only concern I would have is this was originally an access path, I would have some concern, but it appears that it wasn't. All in favor. MOTION CARRIED: ALL AYES, 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.05 ACRES FROM M-1 TO I -L BYeq!E-R SPK$71[NC.—EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL: Hawkins: Commissioner's, the property is cross hatched here. They are within an existing subdivision and surrounded on all sides by existing city limits. I ask that our staff recommendation of December 3, 1999 memo on this be incorporated. There has been a legal description reviewed and approved by the Public Works Dept. that they corrected. Item number 2 on page 2 of the report. That item is taken care of. Staff had no problem with the requested light industrial zone and we do ask that a development agreement be required as a condition of annexation. Borup: Is the applicant here? Anyone from the public who would like to testify on this application? Seeing none, Commissioner's. Barbeiro: Mr. Chairman, I move that we close the public hearing. Hatcher: Second. Borup: All in favor? MOTION CARRIED: ALL AYES