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Home My WebLink AboutMoore, W.H. Company CUPTRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN I To insure that your comments and recommene dations 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: November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW k 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 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 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 I To insure that your comments and recommene dations 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: November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW k 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 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: rrY of MERIDIAN N 0 V 0 3 1999 APPLICATION FOR A CONDITIONAL USE PERMIT C117i 0r' T 7ffAN PLf1IVNT T"r' ' �C �'rNe NAME: W. H. Moore -Company -PHONE: 323-1919 CUP-901-Ce-tc ADDRESS: P. O. Box 8204 Boise, ID 83,707-2204, GENERAL LOCATION: Eagle Road/Magic View DESCRIPTION OF PROPOSED CONDITIONAL USE: To provide multiple buildings on a single site and an ancillary restaurant in an LO Zone. ZONING ASSIFICATION: Lo CL I certify that the information contained LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN- that the Meridian Planning and Zoning Commission wig hold a Public Hearing in the Meridian City Hall on at _.m. T'he purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at SUBDIVISION, BLOCK , LOT TO for t Sol J _rte *".'-":�,t:-'-,, ARCHITECTS 11, Vn BRS Architects, A.I.A. 1087 West River Street, Suite 160 Boise, Idaho 83702 4 Telephone 208 336-8370 Fax 208 336 W, -8380 200U: Carlton Av&:� Suit'd201 . T R IX A e Y , Magic Vie BRS:-PfOje Pursuant to our conversations, `the applicant; tfi'e 6questgAnnexation; , 7- rb.&Mah-'696-r'i b-b-11h,4h& east '.*and -s�out1V5T stre'e-feRten"si I on- 'ds -Wel ;,a§-Md&Nie The an, use. i: . h"'I d- s presentlyresidential ".. T ad .proposing an ji -`ted'o'fffC'e,disfhq1 .7, comprehensive lan map and with b eve opment"sections,o 1*11concert ywitli'oih'ei,d6VeI-6p m6fit`ih the"d -'Ve' I Up- m- e"n-- t goals ' The ,,,a(pplicaiit'alg'6",r64ubgfs�;'con-cdrrenva 1112S DOh a `gfi d','A% ifthi V, 66"be,r28;--1999,.--.1j- :�', N'. n•q Z S, .4 )provai to construct--an-c Dns evron-IPC division, rs. adjacent , to' essedrvra`the newAGIA * in, d-66 , un which is consistent it ie'veahls `app ME `4 TEALETS LAND, 915 West Jefferso street • Boise, Idaho 83702 SURVEYING (208) 385-0636 r Fax (208) 385-0696 PROPERTY DESCRIPTION Lots 2 and 3 in Amended Magic View Subdivision October 27, 1999 A parcel of land. being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at the Northeast comer of said Lot 2; thence South 00° 07' 50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 890 37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 t a point; thence North 830 21' 41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest comer of said Lot 2; thence North 830 11' 15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest comer of said Lot 3; thence North 000 03' 08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest comer of said Lot 3; thence South 890 58' 30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. �71OZ7'l�.�o �y y of co I� N. ISP Compiled from data of record, not an actual field survey. To: From: Re: • City of Median Planning & Zoning 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Harvard D.Hanks, +, 2930 East Magic View Meridian, Idaho 83642 `Lot #3 in Magic View Subdivision As owner c the referenced property, I am requesting an annexation and rezone y of lot 43 in Magic View Subdivision, from County RT to City of Meridian LO. The formal application will be submitted by BRS Architects on behalf of Winston H. Moore. Mr. Moore has the land under contract. Please contact me should you have any questions. , _ 0 Name: f4�vQr� 1 �fQ�,k's r STATE OF IDAHO ) COUNTY OF ADA ) On this ,x day of L^ �` `"' % / 1, in the year of 1999; before me the undersigned, a Notary Public in and for said State, personally appeared Harvard D. Hanks, known or identified to be the owner of Lot 43 of Magic View Subdivision, and he duly acknowledged to me that he executed this instrument as owner of,Lot 93 of Magic View Subdivision. IN WITNESS WHEREOF, I have set my hand and affixed'my official seal.and year in this certificate first above written. I Notary public for Idaho Residing at: Commission Expires: TALETS LAND SURVEYING 915 West JefferOstreet . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 PROPERTY DESCRIPTION Lots 2 and 3 in Amended Magic View Subdivision November 2, 1999 A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter comer common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00° 22' 58" West 1,326.59' to the Northeast comer of the Southeast quarter of the Northeast quarter of said Section 17; thence North 890 58'30" West 391.41' to the Northeast comer of said Lot 2, said point being the real point of beginning; thence South 000 07' 50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast comer of said Lot 2; thence South 890 37' 02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 830 21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest comer of said Lot 2; thence North 830 11' 15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00" 03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest comer of said Lot 3; thence South. 89* 58' 30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. Compiled from data of record, not an actual field survey. OVA(. - BY, VAl._BY WRVAN PUBLIC WORKS iiFPT, 11-02-1999 d:02PM NOV-02-1999 TUE 01:16 PH jovvf FROM„W.H. MOORE COMPANY 208 323 7523 --* FAX NO. 33603 P. 01/01 .IOA CUUNT PC D JDER .UAvlti ago rants.' + 1999 AU 18 P!1 4* 11 CORRECTION 'DEED TO LIVING TRUST RECORDED -REQUEST OF , FEE�..�=--DEPQTY 99082841 er• 1 5M�6( Harvard D. Hanks and Geneva J. Hanks. husband and wife:, the Grantors. Hereby Grant and Convey unto Harvard D. Hanks and Geneva J. Hames, Trustees of the flanks Family Trust, n living trust created by written Trust Agreement of March 26, 1999, the Grantees, whose current address is 2930 Magic View Driue, Meridian ID 83642; k All right. title and interest of Grantors in and to their residentlal real property located in Ada County, Idaho, described as follows: Lot 3 of AMENDED PLAT OF MAGIC VIEW, SUBDIVISION, according•to the plat thereof filed in Book 52 of Plats at pages 444 5 and 4446, and amended by an Affidavit recorded June 13, 1984,, is Instrument No. 8429311. officiat records of Ada County, Idaho. THIS DEED CORRECTS THE LEGAL DESCRIPTION OF SAID LOT 3 OF MAGIC VIEW SUBDIVISION TO READ AS FORTH ABOVE. AND GRANTORS DO HEREBY CONFIRM THAT THEIR GRANT DEED TO LIVING TRUST, RrtCORDED MARCH 26, 1999, AS INSTRUMENT NO. 99029277, RECORDS OF ADA COUNTY, 10AH0. AS HEREBY CORRECTED, REMAINS IN FORCE AND EFFECT. DATED: August 18, 1999 Wce 2--c L, L Harvard D. Hanks r1 Geneva J. H#ks STATE OF IDAHO ) ) ss. County of Ada 1 Oro this August 18. 1999, before rrle, a Notary Public is and for said State, personally appeared Harvard O.'`Hanks and Geneva J. Hanks, known to me to be the persons who subsr:ribed the foregoiruj instrument. and acknowledged to me that they executed the same. Noi!rf Public for Idaho, Residing at Boise. Idaho. ,�ptJBLtG_� Commission expires., March 9, 2008 7NE hANKS FAMILY TRUST GRANT DEED 70 LIVING TRUST AND REVOCA110N OF PROPERTY DEVOLUTION AGREEMENT M ✓U.(��?G.�?v:ft,�.ii:�� 7.�it.��1.��.��Q(.? (7 it (i �1 tl t7 1 tl'�1"tl t�.l t?LIIL►��;Gt1:= WARRANTY DEED (INDIV(DUAL)t% '•i FOR VALUE RECEIVED RICHARD L. MOORE and BARBARA L. MOORE, Husband and Wife GRANTOR(s) does �do+'hcre`t t .` ,� w+.i� ( ) by GRANT, BARGAIN, SELL and CONVEY unto cc ..W.� nd� �STONa�MOORE � 4 tr BOYD,iIa married man a WIN H. ra ema z•i.ed. raan .. 4� GRANTEE(Sj;� hose curren~a`ddress is: i�P.O.� Bof -82Q4, Boise`;' Sdaliof83707� ' t=_4 the following described teas properly in-" # r ` ,Ada j Coun y; State of Idaho, 4=� �more t[icularl des r ' pa , . 4 y�, c itied�'as 1�lovis,tta wi� N ; �' . t..�' `" �... .�,,� '"'""'• _ t� "� �.., . „, i. `t. f. ...=" 4s�t �`«.i . l�r:f�itGi:1t �L.�t:{'. —�,•, f ^1 LOTS 2 IN THE,,AMENDED MAGIC VIEW SUBDIVISICN, ACCUr.DIP+G TO THE PLAT THEREOF, FILED I IN BOOK -52 OF PLATS AT PAGES 4445 AND 4446, AND,,"AS?REFERRED *TO. `IN THATc CERTAIN'r INSTRUMENT.-RECORDED,.UNDER,-NO. 8400642,,3AND AMEDIDED,-BY�'AFFIDAVITS,'tRECORDED=i NEitR'``i INS'rRpMENT= N0. ' S -x8429311, 'AND ,96044575;,! RECORDS OF ADA COUNTY,, t IDAHO:" -Sin v + s s , _ r } t ,, , +` `�. " r t •-i t;,'' i • their" Y- ..'.,i �-� �`.-AECORQ�g� si cF > �# COUNTY REC_090c*,1 `� � -��!l'1i!) s till a.,a r.rn ARPO 4 Ft Pic_t- ' ' y01' p j ro9 t a?No:_ R5443010020t _ +', ..tttr'.. 4 f-�r 9"r r� Tax Parcel • -- *,he • , F.� . t i 4 TO HAVE AND XO HOLD the said premises, with their appurzenances unto the said Grantee(s) and Grantees(s) them and assigns ; forever• And the said Grantor(s) does (do) hereby covenant to and with�the said Grantee(s), the'Grantor(s) is/are the owners) in fee T_-41 simple of said premises "that said premises arc'frcc'frozn all encumbrances; •EXCEPT those to which this conveyance is expressly made ' t r r r 7 subject and those made, suffered or done by tham-Gr`antce'(s); and subject to'reservations, restrictions, dedications_, casements, rights of', way and agreements, (if:any)'of record, and general taxes and assessments, -includes {rrigatio>n'and, utility`assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s)-ivh warrant: and defend the same�From all Lawful.claims '. _ t F t t i.- ' ct +.-t.v .dt whatsoever, ,,, Ji I • ;�, Dated: ecemiierl4, 1199 '.: (.mf r+ t: rI $t : ti tC :tai rt L a:.2 :l RIC ;L. AOOREV BARBARA. -L.- .�t Y '., :R. 4».�.r._,#`6'+% i+`dPl.;°�.3`\.{�}a t.#$T�t ��i,^1 wJ:`1 ..! C •� " STATE OF IDAHO �ounty of Y = Ada ss. ,� r t ti+. 1 Jr,,= t- TIL 1, - r >1 I' ^j 0n this •`� a bet .. ,. -:. !,in thc`year `of `� 1998 t'thnr+, �'b`eforr me the uitdersi' "ned_, •` o � Public, pessonalljCJ"pcarcd-r 's*, -} 2^1tr '22 RICHARD -L.'., MOORE ; $ YL .. 0$E ; ,- vrnc , ," r.r t t c3 clk tri + known or identifiid tome to h e p n �ti Vie' }:: aze "�" rD' + \ ` I T1 !„ rsubschbed to`the within instrument; and acknowledged,, ige that'��,~'�,'e' giecuied the same `' -` .r ti.G�oci 'ir . � � , 6: pct, �•w1�'��C —1y� Notary Pub STATE ^^oos,�` Residing at: 1 BOISE, ID -,My Commission res: Expi' �� - - r- ✓SVf1Vl )Li�IJi)V�Yu�luL117(i Y'%, `fY 1-M4j'!r.��t?�.��J(ia � r� �;r%"�'��..�/•�Y�•/YYa"(" '�.t•,t^�,..•-ry.�� :Ji.. _�a _U(1_ 7.. aY, G(, .i�[ �,(S..i1.( :(1_114n) U11E„° FESL EZ2 SOZ ANVdW00 �1± 00H 'H'M NC�IA WdZ, I _: Z;_6 6- Ed, ,5 :1-01 - nonagent for Buyer, and as agent for Seller; (b) Selling Broker acted as agent for Buyer, and as nonagent for Seller, (c) each party has received and had opportunity to read the Idaho Real . Estate Commission agency disclosure brochure; (d) no party is represented by a broker as an agent except pursuant to separate written agreement for agency representation; and (e) no broker, as agent or otherwise, is authorized to bind either Buyer or Seller to this or any other agreement except as may be separately and expressly provided in writing. 14.2 COMMISSION. Seller shall at closing pay as the commission for this transaction the amount due in accord with the listing agreement between Seller and Listing Broker, one-half of which shall be paid to Listing Broker, and one-half of which shall be paid to Selling' Broker. Buyer and Seiler shall otherwise hold each other harmless from other commission or finder's fee claims arising from the indemnifying party's conduct or representations. 14.3 RESPONSIBLE BROKER. Selling Broker shall be the broker responsible for closing within the meaning given thereto by the Idaho Real Estate Commission rules. 14.4 COUNTERPARTS. Buyer and Seller shall each hold one fully executed original of this Agreement, and shall at the request of either broker execute an additional original for that broker. 1S. REMEDIES -ATTORNEYS FEES. If either parry fails to perform in accordance with the terms of this Agreement, each shall be entitled to all rights available at law or in equity. In the event of any dispute hereunder, the prevailing party shall be entitled to reasonable attorneys fees. 16. ADDITIONAL ACTS. Each party agrees to take such other actions as may reasonably be required to consummate this transaction, and to afford each other reasonable cooperation towards that end. 0 17. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. 18. TIME, SEVERABILITY. Time is of the essence of this Agreement, and each `party hereto agrees to promptly perform such acts as are reasonably required in connection herewith. If any provision of this Agreement to any extent is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be -affected thereby. 19. NOTICES.. All notices required hereunder shall be given'in writing and shall be deemed effective (a) upon delivery, if delivered in person, or by facsimile transmission with receipt acknowledged by the recipient thereof, (b) one business day after deposited for overnight delivery with any reputable overnight courier service; or (c) two business days after deposited with the US Postal Service registered or certified mail and addressed to the parties at the addresses set forth below. 20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parries, has been entered into in reliance solely on the contents hereof, and shall not be modified except in writing signed by both parties. This Agreement supersedes any previous agreements, written or oral, between the parties hereto. 21. BINDING EFFECT - SURVIVAL. This Agreement shalt be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto and shall survive the closing of this transaction. 22. ASSIGNMENT. Neither party may assign its interest herein without the prior written consent of the other. 23. RECORDING, Neither party shall record this Agreement or -the terms hereof without the other's express prior written consent. 24. OFFER EXPIRES. This Agreement and Buyer's execution hereof shall be deemed null and void if by September 10, 1999, Buyer has not received an original of this Agreement executed by Seller. REAL PROPERTY PURCHASE AND SALE AGREEMENT - Page 3 this Agreement on behalf of said parties, and 25. AUTHORITY. The individuals signing that such execution is binding upon said parties below on behalf of the respective parties hereto without further action or ratification. warrant that they are duly authorized to execute MX— i tvH.Moore Harvard D. Hanks, Trustee PO Box 8204 Boise ID 83707 1� Geneva J. Hanks,grustee 2930 Magic View Dr Meridian ID 83642 REAL. PROPERTY PURCHASE AND SALE AGREEMENT - Page 4 OCT -26-1999 10:46 BRS ARCHITECTS 208 336 8380 P.02i02 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO) ) ss COUNTY OF ADA) 1, W. H. Moore Company P. O. Box 8204 (name) (address) Boise Idaho being first duly sworn upon oath, depose and say_ (city) (state) 1: That I am the record owner of the property described on the attached, and 1 grant my permission. to BRS Architects 1087 W. River, Suite 160 Boise (name) (address) 2 to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of 0 SUBSCRIBED AND SWORN to before me the day and year first above written. L AN1y •., i•OT,4tp �;. * _ _ _ • �' Notary Public f Idaho • ; * : Residing at e "a"LLJ(---> 0% AUB LIC •: ' 1' •• My Commission Expires: TOTAL P.02 0 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) j sa COUNTY OF ADA) i. J. L. Boyd P. o. -Box 8105 (name) (address] Boiae Idaho being first duly sworn upon oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and 1 grant my permisslon. to BRS Architects 1087 W. River, Suite 160 Boise (name) (address) 2 to submit the accompanying application pertaining to that property. x 2. 1 agree to Indemnify, defend and hold Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein oras to the ownership of the property which is the subject of the application. Dated this day of 19 AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at 8o Ise / ��q!- 0, myP Commission Expires: q/--)-/`Q..0Co NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold public hearing at the Meridian City Hall,- 33 East Idaho Street, . , Meridian, Idaho, at the hour of 7:00 p.m. on December 14, 1999 for the purpose of. reviewing and considering the application of W.H. Moore Company for annexation and zoning of 10 acres from RT to -LO for proposed Magic View Office Complex, which- is generally located at Eagle Road and Magic View. Further the application requests a conditional Fuse permit to provide multiple buildings on a single site plus an ancillary restaurant. 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 during regular business hours. A copy of the application is available upon request. Any and all interested S II persons shall be heard at said public hearing and the public is welcome and invited to, submit testimony. _ r, DATED this 10th November, 1999. of v <oo�pORA UILLIAM G. BERG, JR. I CLERK PUBLISH November, 26 end ecIffli 0, 1 99 9 C5 V '-w-T Wt Alj, L ly Y`1 '• :11 RFC -REQUEST'OF :.0A COUNTY RECORDER j. DAVID L. ;�avazRo �Q FEE DEPUTY � li5l ",,,r .Ro `�� 2900 MR 23 F111 1s 44 100021869 MERIDJAN CITY DEVELOPMENT AGREEMENT FILE COPY City of Meridian 2. Magic View Partners, an Idaho General Partnership THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2l s* day of Z4 a4a, . 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP, hereinafter called "DEVELOPER", whose address is PO Box 8204, Boise, Idaho. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in Iaw and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and -by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 VAUREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re- zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§'11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation. arid/ or rezoning of land; and 1A WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L -O), Meridian City Code § 11-7-2 G; and DEVELOPMENT AGREEMENT (A7,99-022) - I 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to'how the'subject!"Propertiy" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 71= day -of, �, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings" ); and , 1.8 WHEREAS, the "Findings" require the."Developer" enter . into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to' be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the DEVELOPMENT AGREEMENT (AZ -99-022) - 2 REAL. PROPERTY PURCHASE AND SALE AGREEMENT— Cate: GREEMENT—Cate: August -3i; 1999 1`:.'AGREEMENT,'TO SELL'." Subject torand' in consideration of ftie mutual terms and conditions contained herein, Howard D.' `Hanks" and Geneva' J. Hanks; Trustees of the Hanks`,Fainily Trust, °a -.living trust 'created ° by - written' Trust Agreement of March 26, 1999 ("Seller'`)„ hereby sells to:Wi6ston H:� Moore('Buyer'),•and"Suyer hereby purchases from Seller; ttie'real''property described below. 2.r-PROPERTY.LThe' property that# is` the subject ofthis 'Agreement ("Property" ). rs�all of Lot, 3,in'the Arr"tehaed Magic View Subdivision,. according -to the official plat thereof, records of Ada County; Idaho, 1,fogether with, the ' real' propertyr improvernerits thereon (including .,.all. fencing - and -:all -appliances other than 'the. refrigerator), 'known as 2930 Magic, View Dr,, in Meridiani Idaho "together with and subject to the real,propertyappurtenances thereto. i 2.1 -EXCLUDED k PROPERTY. Seller shalt remove the spa and`two small trees, and shall repair-ariy damage' caused by removal of the 'spa an&replace the area occupied by the trees with soil and sod. 1 rE x 3: -PURCHASE PRICE. Buyer agrees to pay to Seller -'asp" the •' Purchase -Price the sum of k 4-' l payable as follows: 3.1 `EARNEST' MONEY. in cash as. earnest money to be , deposited with Stewart Title of Idaho, Inc. ("Title Company") in Boise, Idaho,' by September 10, 1999, subject to the Deposit', provisions set foRh below in the Conditions Precedent paragraph. The Deposit shall 1&i credited against the Purchase Price at closing. -, 3.2 PROMISSORY NOTE. Seiler may, at its option elect to receive of the Purchase Price in the form of a purchase money promissory note secured by a first positiori deed of trust on the Property. Seller shall give notice of its election by December 13, 1999: if no such notice is timely given, this option shall be deemed waived, and ail of the Purchase Price shall be paid in cash at closing.. The note shall provide for. 3 2.1 Interest rate:, 8°l0.� „'l , F 1., ' _Interest Iti '.r 3.2:2 _ Maturity: `ThFee`'years: ice' -3.2.3 Payments: Monthly principal ,and ri. `mow inter'es' beginning one, month after closing, with a _ balloon payment gat maturity `of all unpaid principal and interest. °~ 3:2.4 Prepayment 115erm"itied irr whole"oc part without penalty. i-3.3- BALANCE. The balance`of ' ' � (or, if,Seller elects' to receive ail cash} at closing; . .in +cash on the closing date. Any ,prepayment wpenalties 'arid other' -costs associated 'with -"satisfaction of any "existing` 'financing shall be`paid'by'Seller. 4.CONDITIONS `PRECEDENT;During er the period,. ending, Novemb"30, 1999, ("Review, Period, -,Expiration Date") Buyer shale determine to • its own -satisfaction the fieasibility 'of Buyer's plans regarding the Property, and the coddidonf and suitabilityaof the'Property for Buyer's -use. Sel!ejauthorizes Buyer to enter upon' `the grounds -of fthe Property for the purpose"bi inspecting the same. Seller shall by September 22, 1999, famish to Buyer a current preliminary title report and any existing environmental reports, or information. The parties- hereto will proceed,,to-a closing of this transaction unless, and,., only unless, by the Review Period Expiration Date Buyer notifies Seller in writing that the results of its review were for any reason not, satisfactory to Buyer. If any'siJch notice is timely given, then. this Agreement `shall be deemed terminated, the deposit shall be promptly.-refund6d in full to Buyer, and neither party, shall., thereafter be liable to the other - hereunder. 5. SELLER'S WARRANTIES. Seller warrants` that: 5,1 -the Property is in conformance with all requirements of all jurisdictional authorities and that, Seiler is the owner in fee simple 'of tHe-- Property, and that as of the closing date it shair be a separate,legai parcel free and clear of all liens, encumbrances, reservations and restrictions, whether recorded or not, other `s than the,permitted exceptions to the"title report REAL PROPERTY PURCHASE AND,.SALE,AGREEMENT - Page 1 t � •d i✓ZSL 8Z8 80Z_ _lNb'dW00 b O M F • as set forth below and any other exceptions approved by Buyer; and 5.2 to the best of its knowledge (i) there are no material defects in the Property or its improvements or structures; (ii) no conditions in violation of , applicable environmental regulations exist on or under the Property; and (iii) there are no present, pending or threatened condemnation proceedings against, or other litigation affecting, the Property. 6. EXCHANGE OPTION. Either or both of Buyer and Seller may at their option effect the purchase and sale of the Property through a third party Section 1031 exchange, in which event the other party shall cooperate to that end and execute such documents as may be necessary therefor, provided that the closing date is not delayed, that the other parry incurs no additional expense or liability, and that the provisions hereof survive any exchange, and in which event the exchanging party indemnifies the other party against all claims arising out of or in any way connected with the other property or its transfer, and against all costs incurred by the other party in the course of defending against the same. 7. TITLE AND INSURANCE. Seller shall at its cost cause the Title Company to issue at closing a standard owners policy of title insurance in the amount of the Purchase Price insuring title to the Property in Buyer's name subject to the following exceptions. Title to the Property shall be conveyed free of liens, but subject to the Ttle Company's usual and customary exceptions, the lien of property -and irrigation taxes for the year of closing, the deed of trust referred to in §3.2, and other easements and -restrictions contained in the preliminary title report and not disapproved of in writing by Buyer before the Review Period Expiration Date. S. CLOSING - CLOSING DATE. The closing agent shall be the Title Company, at whose offices the closing shall occur. The dosing shall occur on January 13, 2000. 9. CONVEYANCE. Upon the performance of the provisions contained herein, Seller shall execute and deliver to Buyer on the closing date a standard form Warranty Deed conveying fee simple title to the Property. to Buyer subject only to the permitted exceptions set forth above, 10. CLOSING COSTS - PRORATION. Buyer and Seller shall each pay one=half of the recording.fees and the closing agent's usual and customary closing fees. Property and irrigation taxes shall be prorated as of the closing date. Any legal costs incurred by either party in connection with the consummation of this transaction shall be paid by the party incurring such costs. 11. ESCROW INSTRUCTIONS. The closing agent is instructed to, in a manner consistent with the terms hereof: receive and hold deposits and other funds; disburse such funds in accord with separate authorization signed by Buyer and Seller, prepare. closing statements for execution by Buyer and Seller; receive documents, secure their execution and acknowledgment, record them in the proper sequence, deliver originals to the appropriate parties, and deliver copies of all documents signed by either party to that party. If a dispute arises regarding any funds held by the closing agent, such agent shall have no obligation to resolve such dispute but shall hold the same pending resolution of such dispute, and may at its option bring an action in interpleader. 12. POSSESSION. Buyer shall be entitled to possession of the property from and after the closing. 12.1 RENTAL. Buyer is agreeable to renting the Property to Seller`at closing upon mutually acceptable terms established in writing. 13. RISK OF LOSS. Seller shall be responsible for any loss of or damage to the Property prior to Closing, and Buyer shall thereafter be responsible. if the Property is damaged prior to Closing, then there shall be deducted from the Purchase Price the amount equal to the insurable value of the destroyed or damaged Property]. 14. BROKERAGE. J.L. Boyd ("Selling Broker') and Meridian Real Estate ("Listing Broker") are the brokers for this transaction. 14.1 DISCLOSURE. The parties acknowledge that (a) Listing Broker acted as REAL PROPERTY PURCHASE AND SALE AGREEMENT - Page 2 "d EZSL EZZ 2OZ MVdHOO 73b00H 'H "M HObA Hdi= l Z 666t -61. -OL by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT. PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.A The property should be zoned L -O, Limited Office District, and the Applicant shall use the subject property to develop professional office uses with any other uses permitted in the subject zone only as a conditional use. 5.1..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. DEVELOPMENT AGREEMENT (AZ -99-022) - 4 ' rr 4 .IL3 "JJV ^L' � 1 L. I, IIIA' P � ----I ---- j MY al- 111 ��t t �------------;----------- -----L `'y � T'',i;�Y,�x� �� ..r �i� �� ,r i —• 1.Cie TI r,Tu'S= s �r ft Tw I �� -. �.�Y�'.F�'� ' f.i �� .-. --. �I '- _, ;Y �M .� £�y'Fa� '"�� ': _-�ri?a�«�,kc '�,ir','S• .j�� 9 - ---r ,t° .�c .... ...... , ur .t Rr_4"'�t�":� �e��3c ��-�5�;.�Z?'*�.. f�.:. Y._a•�i.�.,� .n.�,�1 y3 '1 I-3fSRA0oV7GC-�— ' ' I 1 I F_ ti t— x��,^ N3 ` .l t �` --- ----- 1713�a t, t1 -Ar ti , I If /I `\\ ` C .:1 -rc> f l• I 1,�-��. i' I I: I —� llf II' /" 1 `` ``I � � �•a l=s_ - ['f�^i Y'} V ? ~• . t , l i .rte 11111 I;� {� �� ` - �` t'„-..yi-�'^S�.]yl •I s... .'" r'-�-„�YZF�t_..' t-11 �.y : { L I 7V _ _ � — I `' ! YII�FItS6•S01 �—_ — �.. — �— � —� — .� — — — � I � t ,t :�'r i�.P' '� � �.� 11� +ct- `.3 i _ is' 1 'i �' j tj a1Hi3N1✓3'N RUR EDSON DENNIS R & ' EDSON, SYLVIA'K NIELSON DENNIS E & 376 RAVENSWOOD DR NIELSON JOAN M MERIDIAN ID' 83642-6265 3019 AUTUMN WAY MAGIC VIEW SUBDIVISION - LOTS 2 & 3 PROPERTY OWNERS WITHIN 300' (RZ, AZ, CUP) ROCKROHR MARY V HOREL CHARLES D & 2715 AUTUMN WAY HOREL MARY KAY DIAMONDBRYAN& CHRISTENSEN SHERON G & SHERMAN BEVERLY D COLLEEN C REVOCABLE TRUST 3134 AUTUMN WAY 3157 AUTUMN WAY MERIDIAN'I6 83642-6239 MERIDIAN ID 83642-6239 MAZZIDONALD PHILLIP & WILLIAMS RICHARD C & MAZZI'MARY JOANN WILLIAMS CHEROL A 2976 AUTUMN WAY 3133 AUTUMN WAY MERIDIAN ID 83642-6237 MERIDIAN ID 83642-6239 TRUAX RODNEY D & FOLEY TERESA L -TODD GARY G & $ NIELSEN WADE C & TODD KATHLEEN ANN NIELSEN SHANNON C 3020 AUTUMN WAY 2881 AUTUMN WAY 'MERIDIAN ID 83642-6238 MERIDIAN ID 83642-6236 HARTLEY TODD S & BROWN ROBERT P & HARTLEY NANCY ABROWN PHYLLIS H 365dkUTUMN WAY . 2927 AUTUMN WAY MERIDIAN ID 83642-6238 MERIDIAN ID 83642-6237 REED KENNETH'W SEGER RICHARD S JR & 2869 AUTUMN.WAY SEGER MARTHA K +,,.. MERIDIAN ID 83642-6236 2951 AUTUMN WAY F ' MERIDIAN ID 83642-6237 FRISK TERRY L & FRISK BARBARA J' ZICKEFOOSE GEORGE L & 2928 AUTUMN WAY ZICKEFOOSE JANET A MERIDIAN ID' 83642-6237 2975 E AUTUMN WAY MERIDIAN ID 83642-6237 EDSON DENNIS R & ' EDSON, SYLVIA'K NIELSON DENNIS E & 376 RAVENSWOOD DR NIELSON JOAN M MERIDIAN ID' 83642-6265 3019 AUTUMN WAY MERIDIAN ID 83642-6238 ROCKROHR RICHARD L & ROCKROHR MARY V HOREL CHARLES D & 2715 AUTUMN WAY HOREL MARY KAY MhRIDIAN ID 83642-6235 3043 AUTUMN WAY MERIDIAN ID 83642-6238 GREENHILL ESTATES SUBDIVISION NO THREE WATER CORP BOWEN MARK A & `2894 SPRINGWOOD DR BOWEN ANN T MERIDIAN ID 83642-6262 3067 AUTUMN WAY EAGLE' MERIDIAN ID 83642-6238 FOLEY HOWARD R & TRUAX RODNEY D & FOLEY TERESA L TRUAX KRIS A 2875"AUTUMN WAY 3091 AUTUMN WAY MERIDIAN ID 83.642-6236 MERIDIAN ID 83642=6238 T E k I+ I I I T a NVJC3M13W 3AMiC M31A VIVVW *03 hooIrm [ WO:f IhGWci0*13A3C3 CaWcKMci I *1 I GREENHILL ESTATES SUB NO 3 WATER CORP 3136 SPRINGWOOD DR MERIDIAN ID 83642 N EAGLE RD HOWELL RICHARD D & HOWELL JUNE 2750 MAGIC VIEW DR MERIDIAN ID 83642-6244 HANKS FAMILY TRUST HANKS H D & G J TRUSTEES 2930 MAGIC VIEW DR MERIDIAN ID 83642-6246 BOYD JAMES L AND MOORE WINSTON H P O BOX 8204 BOISE ID 83707 3050 E MAGIC VIEW DR - EAGLE PARTNERS L L C SOUTH JOHNSON COMANY PO BOX 6290 BOISE ID 83707 603 N EAGLE RD IDAHO UNITED CREDIT UNION PO BOX 2268 BOISE ID 83701 603 N EAGLE RD GIRDNER PAUL K & GIRDNER KAY C PO BOX 190749 BOISE ID 83719-0749 2727 E MAGIC VIEW DR BARNES ROBERT B & BARNES KATHLEEN E 2855 MAGIC VIEW DR MERIDIAN ID 83642-6245 HUBBLE E DON 9550 BETHEL CRT BOISE ID 83709 621 S ALLEN ST JACKSONS FOOD STORES INC Pb BOX 488 3500 COMMERCIAL CT MERIDIAN ID 83680-0488 625 N EAGLE RD 1.5 WHEREAS, "Developer" made representations'at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 70— day ofALAIck, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the DEVELOPMENT AGREEMENT (AZ -99-022) - 2 i i proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adapted December 21,1993, Ordinance #629, January 4,1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the°above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all puiposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 53642. 3.2 "DEVELOPER": means and refers to Magic View Partners, an Idaho General Partnership consisting of Winston H. Moore and James L. Boyd, general partners, whose address is PO Box 8204, Boise, Idaho, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 : "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and ]DEVELOPMENT AGREEMENT (AZ -99.022) - 3 5.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 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. 5.1.4 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. 5.1.5 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. 5.1.6 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. 5.1.7 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. 5.1.8 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11.9- 606.B. DEVELOPMENT AGREEMENT (A7-99-022) - 5 5.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.10Applicant shall enter into a License Agreement with Ada County Highway District to construct, and perpetually maintain, a 30 -foot wide buffer with a 4 - foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. 5. 1.11 Applicant shall construct a minimum 20 -foot wide buffer with a 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the. entire length of Lot 3 in the Amended Magic View Subdivision. 5.1.12Applicant shall be required to dedicate all right-of- way along St. Luke's Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 5.1.13 The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of- way. All public easements shall be designated by plat or other document of record showing their location. 5.1.14 Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and DEVELOPMENT AGREEMENT (AZ -99-022) - 6 the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement , and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND RE'V'ERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure, within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be- modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the noncompliance, and an opportunity to be DEVELOPMENT AGREEMENT (AZ -"-022) - 7 03-02-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ -99-022 APPLICATION OF W. H. ) MOORE CO., THE ) FINDINGS OF FACT AND APPLICATION FOR ) CONCLUSIONS OF LAW, ANNEXATION AND ZONING ) DECISION AND ORDER OF 10 ACRES LOCATED ON ) GRANTING APPLICATION THE NORTH SIDE OF MAGIC } FOR ANNEXATION AND VIEW DRIVE WEST OF EAGLE ) ZONING ROAD FOR MAGIC VIEW ) OFFICE COMPLEX ) The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator,- appeared and testified, and appearing and testifying on behalf of W. H. Moore Company was Jonathan Seel, and also appearing and testifying were affected property owners, Church Harl and Howard Foley, 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 I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 0 6 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW judicial Nodc& The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation. 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11 -16 provides the City may annex zeal property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a 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/MA.GIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 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.] ZvinC 3. The City of Meridian shall exercise the powers conferred upon it by the 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. § 67-65111. 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 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 districts. [Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L -O) Limited Office District which is defined as: [Meridian City Code § 11-7-2 G.) (L -O) Limited Office District: The purpose of the L-0 District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 stenographic, public service and similar uses. Research, uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this. District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 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.] 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 and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.1 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-111: 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 rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 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.$ 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 with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGVMAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 a, 0 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. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapt& 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. Devel=ent 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 Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 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 vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 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: Meridian City Code § 11-2-4 which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 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 feet (300') 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 . Meridian, having been given full opportunity to express comments and submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORS CO. / CASE NO. AZ -99-022 10 0 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximatelyl0 acres in size. The property is located on the north side of Magic View Drive west of Eagle Road. The property is designated as Lots 2 and 3, Magic View Subdivision, and described as follows: LOTS 2 AND 3 IN AMENDED MAGIC 'VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00022'58° West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ -99-022 P North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00'07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest comer of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundaryof said Lot 3 to the Southwest comer of said Lot 3; thence North 00003'08 West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89058'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 5. The owner of record of the subject property is W.H.Moore/jim Boyd, of PO Box 8204, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of residential property. 8. The Applicant requested the property be zoned as Limited Office (L -O). 9. The subject property is bordered to the north by Greenhill Estates Subdivision and city limits of the City of Meridian are adjacent and abut the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY. W.H. MOORE CO. / CASE NO. AZ -99-022 1 property to the south and east sides of the property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. 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. 12. The Applicant proposes to develop the subject property in the following manner: Develop an office complex. 13. The Applicant requests zoning of the subject real property as Limited Office (L -O) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial and Mixed /Planned Use Development. 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 Limited Office (L -O). The application is consistent with the Meridian Comprehensive Plan Generalized hand Use Map which designates the subject property as Commercial'and Mixed/Planned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ -99-022 0 0 The subject propertv is located in an area designated as MLYed/Planned Use Development in the Meridian Comprehensive PlanIt is within the Meridian Urban Service Planning Area COMPREHENSIVE PLAN POLICIES Economia Develo12mCnt Chapter Policies 1.2, 1.3, and 1.9 Land We Chanter Policies 4.4U, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U Community Desiza Quter Policies 1.3, 1.4, 2.IU, 2.2U, 2.3U and 2.5U 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning 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 development permits, and which restrict the use and development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to wit: Adopt the Recommendations of the Planning and Zoning Staff, modified at the request of the Planning and Zoning Commission as follows: 16.1 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 irrigatior/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 I ,AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 16.3 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. 16.4 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. 16.5 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. 16.6 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. 16.7 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. 16.8 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 16.9 All construction shall conform to the requirements of the Americans with, Disabilities Act. FINDINGS OF FACT ANI) CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY. W.H. MOORE CO. / CASE NO. AZ -99-022 16. 10 Applicant shall enter into a License Agreement with Ada County Highway District to , construct, and. perpetually maintain, a 30- foot"wide buffer witka 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. 16.11 Applicant shall construct a minimum 20 -foot wide buffer with a 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Lot 3 in the Amended Magic View Subdivision. 16.12 Applicant shall be required to dedicate all right-of-way along St. Luke's Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 16.13 The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of-way. All public easements shall be designed by plat or other document of record showing their location. 16.14 Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. IT 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. 18. It is found that the development considerations which must be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIMAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 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. Decision and Order now,, therefore, based upon the above and foregoing Findings of Fact and Conclusions of Law, the City Council does hereby ORDER and this does ORDER I . The applicant's request for annexation and zoning of approximately 10.00 acres to Limited Office (L -O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.00 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. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re -zone and de -annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR .ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. % CASE NO. AZ -99-022 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other,uses permitted in the subject zone only as a' conditional use... ' * r " s 3.B. The Applicant shall develop the subject property in accordance with -the following conditions: 'g 3.B.1 Any existing inrigation/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 thisr project 3.B.2p Any -existing domestic wells and/or septic systems within ihii 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.B.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development ;Ordinarce and/or as detailed in site-specific requirements. � , . . 3.B.4 Paving and striping shall bel in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2- 41 4.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 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 ofon-site. } FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINCxfMAGIC,VIEW= OFFICE COMPLEX / BY: W.FI.' MOORE CO: / CASE NO. AZ -99-022 I 3.B.6 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.B.7 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. 3.B.8 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.B.9 All construction shall conform to the requirements of the Americans. with Disabilities Act. 3.B. I OApplicant shall enter into a License Agreement with Ada County Highway District to construct, and perpetually maintain, a 30 -foot wide buffer with a 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. 3.B. I lApplicant shall construct a minimum 20 -foot wide buffer with a 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Lot 3 in the Amended Magic View Subdivision. 3.B.12Applicant shall be required to dedicate all right-of-way along St. Luke's Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 3.B.13The Applicant has submitted a draft site pian to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of-way. All public easements shall be designated by plat or other document of record showing their location. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO./ CASE NO. AZ -99-022 a 1 6 3.B.14Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits, 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L -O) Limited Office District (Meridian City Code § 11-7-2 G). S. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY. W.H. MOORE CO. / CASE NO. AZ -99-022 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'proper`ty which`mayfbe 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 `iegular' neet ng held on the day of _ _ v.- , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED _�?- COUNCILMAN KEITH BIRD VOTED*- - COUNCILPERSON TAMMY deWEERD VOTED*$-- COUNCILPERSON CHERIE McCANDLESS NOTED _0�� MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:? -- 7-0 FINDINGS OF FACT AND CONCLUSIONS OF LAW • Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING(MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE'Co. / CASE NO. AZ -99-022 MOTION. , APPROVED• DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department and the City Attorney. By: , 6"'. — s & , a -- City Clerk UUV \WorkV*Wftidian 15360MAMagic ViewWRas w SM FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ -99-022 &00 • CITY OF MERIDIAN RESEARCH REQUEST Name: /ice ((�� 4 Date: Phone: 2 � fy _ Z ,Z Z 0 C�-l� 8 y t -y5y �- (Time: 12-' 3� , m Description: �inOt�1 piam t� cam, 0 d� &U_ as A. Results/] REQUEST )R'S SIGNATURE: # of pages: Date Finished: Staff providing information: Time required: Staff Comments: 6000 d CITY OF MERIDIAN RESEARCH REQUEST Name: Date: Phone:( Time. U - Description- Results/Findings: Results/Findings: REQUEST )R'S SIGNATURE: # of pages: Date Finis ed: Staff providing info at'g�a: j / Time reg�ired: Staff Comments. CGIuC (dui lain cW 94 10LEY & FREEMAN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 300 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN FRANCES R. STERN JOSEPH W. BORTON December 14, 1999 Mr. Will Berg Clerk, City of Meridian 33 East Idaho Meridian, Idaho 83642 TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: www.foleyfreeman.com DEC 1 4 1999 Cny OF MERJDL0 Re: Comments Planning and Zoning December 14, 1999 Agenda # 9 & 10 Dear Will, Please accept and include in the record of the Planning and Zoning Commission this letter and the comments included in it. I am a resident of Greenhills Estates and located immediately West and North of the Magic View Office Complex proposed by W. H. Moore. I have the following concerns and comments: 1.That any building an denoted as building 1 on Parcel 1 not be high that one story as the same will abut my and neighbors back yards. 2. That the "set back" from the neighborhood lot lines and the building not be decease beyond the 30' proposed and that instead should be increased to 40'. 3. That Parcel 1 include a berm, fencing and landscaping as the proposed adjoining parcle to the east. 4. That all activity be restricted to "office" environments open from 8 - 5. 5. That all lighting of areas on the north side of the buildings (adjoining the residence) be terminated no later than 9:30 p.m. each evening and not illuminated in the morning until 7:30 a.m.. 6. That in keeping with item # 4 that no restaurant or other non -office activity be allowed. Sincerely yours, Howard R: Foley hfoley c@r foleyfreeman. com L ol,r.;IC7,E�EALTH 0EP,ART,1viENT 0 MAIN C:::Cc- ; C; .V .+i^.ISii NG ;S:. iC (J are''art acrd rreat disease and disabth'-V::u arurrwte Irea'Wiv(ides: fig; and to arotec: mtd groinute tine ireui:It arrd quai•rr J� Jrir al.'Iru;;rtu;t, STORINI ATER NI_kiNAGENIEtiT REC0NIMENDATIO!NS We recommend that stormwater be pretreated tl`l rough a gassy swale prior to LISC[1.1.r ' CO .SL?^�L'A, rn_r,revrar1C'_T.,Da.CC.00 a�?(lnn`,�'ater and surfs ce wafer quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. smrmwacer 3/93:dly Serving ia!tq, Elmore, SoEye, and Ada Coun't's etncre Ccunty 0lIIce `7cnay Ccunly Ct ce ACC / aeize Ccurty Ct6ce ACC -NIC SCreilite Cftfce �t 7C2 N. t;.:'?er 1C7:`t.atn rg ZtCurrC^ ' a7 ?.0.3Cxle.a a a.r:c 7-77 =n•dr, H?Ct:n:.`2% %SCO �h. IJ F�dv - �3i C% ih. G1•i !Cd M ra rCrr:n�: I27.7-1CC ;A;(. i3a•32--=a � ;A;(. I•I=•217-1 rr.. ynt.aCrz: I27J tx ser:Cr murnnCH: 327.74;j :47•.1521 •.,< I27.7,2i s I. We have No Objections to this Proposal. j t E M e 0 2. We recommend Denial of this Proposal. r r ' n ❑ ,3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. _ CENTRAL CE RAL DISTRICT HEALTH DEPARTMENT •0' DISTRICT , Environmental Health Div'is`ion '' . Return to: WHEALT11p e ❑ or bedrock from original grade ❑ other ❑ 6. DEPARTMENT- _f - " ❑Eagle . , A, ❑ 7.. N 0 V 2 2 1999~ ❑ Garden City Rezone # 8. _ CITY F 10 Meridian c1 S — O �f U a ,� ❑ Kuna Preliminary,/ Final / Short•Plat, 9._ The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, ❑ ACZ Divisiorl of Environmental Quality: central sewage El community sewage system ❑ community water u -Zo o2 3 Mi,4-t'i'c_ Qie_,a C,_ Id i,)J km�" 110. Run-off is not to create a mosquito breeding problem. a ❑ 1 I! This Department would recommend deferral until high seasonal ground water can be determined if other I. We have No Objections to this Proposal. j t E M e 0 2. We recommend Denial of this Proposal. r r ' n ❑ ,3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. _ -.4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, -we will require more data concerning the depth of: w ❑ high seasonal ground water ❑ waste flow characteristics e ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or r surface waters. F . , A, ❑ 7.. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water.. availability. 8. -° " After written approval from appropriate entities are submitted, we can approve this proposal for: AA Lgentral sewage ❑ community sewage system ❑ community water well El interim sewage ❑ central water a ❑ •individual sewage 19 individual water 9._ The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisiorl of Environmental Quality: central sewage El community sewage system ❑ community water u , ❑ sewage dry lines central water 110. Run-off is not to create a mosquito breeding problem. a ❑ 1 I! This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. _e ❑° 12. e r If restroom. facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ti 13. v We will equire plans fie submitted for a plan' review for any:. o j, f,Kfood establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store _ 14. /�/SGr S��TeNa� STo�i.. r�—�e Date: f•s.+� sG �� .��: /c'p_ co.�.�,—ioy+�l Reviewed 6y: 62/�d�l t e , Review Sheet _ CDHD 10191 rcb, rev. 7197 a. Acla CounItiJliathwatt 2)ijtrict Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us December 20, 1999 TO: Jonathan Seel W.H. Moore Company P.O. Box 8204 Boise, Idaho 83707 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: MAZ99-0022/MCUP99-0040 Office/restaura`nt — Magic View Drive/Eagle Road 13FC'11_:�'TVEFJ DEC *2 3 11999 Cit=. of AIeridiae. ?omits% Cierk Of ie -- The Commissioners of the Ada County Highway District on December 15, 1999 acted your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Develop ment/ch ron/p roject file City of Meridian Construction Services – John Edney Drainage – Chuck Rinaldi Bill Strite BRS Architects 1087 W. River Street, Suite 160 Boise, Idaho 83702 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MAZ99-0022/MCUP99-0040 Magic View Drive/Eagle Road Office/restaurant The applicant is requesting annexation to the City of Meridian, a rezone from RT to LO, and conditional use approval to construct three office buildings and a restaurant, to total approximately 107,000 -square feet. The 8.0 -acre site is located on the north side of Magic View Drive, approximately 300 -feet west of Eagle Road. This development is estimated to generate 2,150 additional (20 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Magic View Drive Eagle Road ACHD Commission Date — December 15, 1999 - 7:00 p.m. MAZ99-0022.cmm Page t 0 • �.L7317H7tfY a�1A MAN ZRIA am4 ca z a Wo Q v �Ga ejb JGb y C}.�WU .O 1 I OS r .- 0 CO> O^ �, JW 73i UW ]Oq Wqq ilV 1ZY Lt� Q O 6` uUuU EV p� �- yCiY� ycuu W Z R x o:i JiJ ♦S� � dL<iiJ a ap � • {� q U J ppg OW LL- LL L 6 L LLL6 �SJ?V o� riu� w ni il� l mul --O IIII Y�� r � III';;, �I � 7 •I ► ► I � � I•i 1 �� . e ~ � E i III 6x"q: , •� I� I w CSC i C�sY$ III{E �— ?� ti�O AI• I W ��i�Y LJJ lnYr uW Assf s•feed1 � T IUSp g m ----------------- ----------------- ab Eli Ill I III III ; 3 1 t I1F� F1 O 13x114 h3^1b I I II II IIII II ' I1 1 t�m n II I 10 IIIliillll �� "Is ' I , t ®i B. On November 29, 19991, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On December 3, 1999, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. History of Recent Development Approvals in the Surrounding Area: On April 10, 1996, the Commission approved Porky Park Subdivision, a 19 -lot industrial/commercial subdivision on 64 -acres located at the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 8,000 additional vehicle trips per day. As a condition of approval, the applicant was required to construct a public street approximately one-third of a mile east of Eagle Road as a condition of approval. The development has not been completed and this road is not yet available for use. On July 1, 1998, the Commission reviewed MSPR-10-98, a proposal to construct a 100,000 - square foot home furnishings showroom and a 50,000 -foot warehouse for furniture. The business has been completed on the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 1,700 additional vehicle trips per day. On September 23, 1998, the Commission reviewed MCU -17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. The 74.74 -acre site is located at the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development was estimated to generate 26,950 -additional vehicle trips per day, and was required to make major modifications to three intersections (Eagle Road/Fairview Avenue, Eagle Road/Pine Avenue, Fairview Avenue/Records Drive). On December 30, 1998, the Commission reviewed MCU-43-97/MA-13-97, a request for conditional use approval to construct a 5,000 -square foot Idaho Power Credit Union with a drive-thru window, a 5,359 -square foot convenience store/McDonald's fast food restaurant with a drive-thru window, and an 854 -square foot carwash facility. The 4.13 -acre site is located on the northwest corner of Magic View Drive and Eagle Road approximately 720 -feet north of I- 84. This development is estimated to generate 7,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. As part of this action, the Commission determined that development of the area west of Eagle Road would constitute an extraordinary impact and imposed an overlay impact fee on all developments in the Magic View Subdivision. That site abuts the subject site's east property line. • On January 27, 1999, the Commission approved Midvalley Business Park (a 5 -lot commercial subdivision) along with a request for a conditional use to construct a 24,560 -square foot office building. The 5.4 -acre site is located at the southwest comer of Magic View Drive and Allen Street, approximately 500 -feet west of Eagle Road. That development was estimated to generate 918 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/MA-13-97. MAZ99-0022.cmm Pa -e 3 E. On December 30, 1998, the ACHD Commission acted on MCU -43-97 and as part of that action, found that an extraordinary impact existed because of the potential of large volumes of trips that would be generated by the redevelopment of Magic View Subdivision and required the constriction and dedication of a new road into the Magic View Subdivision from Eagle Road opposite the driveway/private street into St. Luke's medical center. During consideration of MCU -43-97, the Commission reviewed several options for assuring adequate and safe access from Eagle Road into this rapidly redeveloping area. The selected option included the constriction of the new road across the property that was the subject of MCU -43-97 and through the subject site extending the road to the intersection of Magic View Drive and Allen Drive. The cost of construction and right-of-way was to be shared among all the redeveloping properties in Magic View Subdivision. F. In the Consideration of MCU -43-97, the Ada County Highway District found that the anticipated fiscal impacts of the anticipated developments in Magic View Subdivision are of such a magnitude that ACHD will be unable to accommodate the developments without excessive and unscheduled public expenditures which exceed the anticipated impact fees from such developments. The above mentioned street will ultimately be constructed as a 52 -foot (4 -lane) street section, at its connection with Eagle Road, tapering to a standard 46 -foot commercial street section 500 -feet west of Eagle Road. The cost of the roadway was estimated to be approximately $650,000.00. Since that estimate, the developer of MCU -43-97 has constructed about one-third of the length of the road. The construction of the road was at the expense of the developer and ACHD purchased the right-of-way. In its review of MCU -43-97, the Commission adopted an extraordinary fee based on trip generation rates. The Commission determined that the Extraordinary Impact Fee would be $43.19 per trip. This parcel includes 8 -acres, resulting in a trip generation rate of approximately 2,150 -trips per day. Therefore, this property should pay an overlay fee to the District in the amount of approximately $92,858. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of cost to construct and dedicate right-of-way for a new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. In lieu of depositing this extraoridinary impact fee into a fund, the amount can be redited against the cost of constructing the roadway G. In accordance with the Commission's previous decision with MCU -43-97, the subject applicant should be required to extend St. Luke's Street through the site from the eastern property to Magic View Drive to the south in alignment with Allen Street. The roadway should be extended as a 46 -foot street section with curbs, gutters, sidewalks and bike lanes. The developer should be reimbursed for the entire cost of the roadway by offsetting the extraordianry impact -fee for this site and/or from the extraordinary impact fees collected from the properties in the Magic View Subdivision as the District collects those fees. H. The District has collected approximately $336,105 in extraordinary revenue from developments in the Magic View Subdivision. Another $152,029 is due from developers that have been approved by the City of Meridian and are expected to obtain building permits in the immediate future. MAZ99-0022.cmm Page 5 development and other approved developments in the vicinity will add 19,074 vehicle trips per day, bringing the total to approximately 62,511 vehicle trips per day, which will exceed the planning threshold Level of Service (LOS) F volume of a typical five-lane roadway. According to the July 31, 1997 "Ada County Roadway-Capacity Guidelines for Planning Applications," 42,000 AADT is the upper range of LOS F for a typical five-lane roadway (Urban/Suburban Arterial - Non -Business District). This section of Eagle Road between I-84 and Fairview Avenue is not a typical five -lane roadway. It has a degree of access control and a low -to -moderate volume of turning conflicts between signalized intersections so the upper range may be greater than 42,000 ADT. However, this section of roadway still will not have the capacity to accommodate all of the traffic from the currently approved developments and the growth of background traffic at accepted levels of service. Studies have found that the capacity of Eagle Road can be protected and even enhanced. if stringent access constrol measures are implemented by ITD and ACHD in collaboration. The subject property does not have frontage on Eagle Road so, there is nothing about Eagle'Road access that is directly relevant to this property. However, in view of the burgeoning growth along the Eagle Road corridor, ITD and ACHD should institute access control measures in order to extend the useful life of Eagle road in its current configuration. The Eagle Road Corridor Study states that access control on Eagle Road can increase the capacity of the roadway by as much as fifty -percent which is the same increase in capacity that can be experienced by the construction of two additional lanes. Access control will increase the planning threshold (LOS E) to higher levels, perhaps as much as 55,000 ADT. The construction of frontage roads, grade -separated interchanges and the elimination of signalized intersections recommended by the Study will further increase the LOS E planning threshold to 80,000 ADT because of the total elimination of side -friction from intersections. The study suggests the following methods of access control: Marginal Access Control Concepts: a) driveway spacing between successive driveways b) driveway spacing from an intersection c) driveway design 2. Medial Access Control Concepts: a) median type b) median width c) the geometrics of median openings, and d) spacing of median openings 3. Major intersection Control Concepts a) at -grade intersection modifications b) grade -separated intersections 4. Frontage Roads: frontage roads were proposed as an option to provide full access to abutting parcels along Eagle Road when access restrictions were imposed. MAZ99-0022.cmm Page 7 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. This development, already approved developments, and the potential for further re - redevelopment in the area, will exacerbate the existing traffic problems on Eagle Road and Franklin Road. Substantial reconstruction of the intersection and existing public roadways will be required to accommodate the traffic generated from this site and approved/anticipated developments in the vicinity of the site. The City of Meridian should consider the impacts of this development prior to approving the rezone and conditional use`. Site Specific Requirements: Dedicate 64 -feet of right-of-way for the extension of St. Luke's Street through the site by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available extraordinary impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46 -foot street section with curbs, gutters, sidewalk and bike lanes. The developer will be reimbursed for the entire cost of the roadway from the extraordinary impact fees collected from the properties in the Magic View Subdivision as the District collects those fees. 3. Driveways on the extension of St. Luke's Street shall be located a minimum of 125 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot wide curb return driveways with 15 -foot curb radii and paved a minimum of 30 -feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east propertyline. ine. 4. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 41 -foot street section. Enter into an agreement with the District to construct or, pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has MAZ99-0022.cmm Noe 9 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the'applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: December 15, 1999 MAZ99-0022.cmm Pa -e 11 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: November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING, DATE: December 14, 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW 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 FNGINFF_R 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: 1 C9_ 6— qq 74 LL, c ob rS �� Willa_— $'wVj/J t% , Numh4e0- S HUB HUB OF TREASURE VALLEY Mawr ROBERT D. CORRIE A Good Place to Live DEPARTMENT City Council Members CITY OF MERIDIAN (208) 788-2499 - Fax 288-2501 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: November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING, DATE: December 14, 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW 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 FNGINFF_R 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: 1 C9_ 6— qq 74 LL, c ob rS �� Willa_— $'wVj/J t% , Numh4e0- S 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: November 30, 1999 TRANSMITTAL DATE`. November 8, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW 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„DEPARTMENTr CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR Cf.ONCISF REMARKS: Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 - Fax 288-2501 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: November 30, 1999 TRANSMITTAL DATE`. November 8, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW 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„DEPARTMENTr CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR Cf.ONCISF REMARKS: HUB OF TREASURE VALLEY h )ror . RO RT . CORRIE '. A Good Place t0 Live LEGAL DEPARTMENT TT 'OF MERIDItN (2�)8) 238 '499 . Fax 288.2501 City oun it Members 1 1 ytl PUBLIC WORKS CHAR 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: November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING DATE:- December 14. 1999 FILE NUMBER: CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY+RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW 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 I N O V 15 1999 CITY 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) SOV 12 1999 w William-G'Be g Jr: City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: Conditional Use Permit - Magic View Office Complex Applicant. W.H. Moore Company Dear Will: Please fund enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced ap lication. Please note this matter will be heard before the City Council on oJQ:n (-L6 r I 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. Enclosure ey/ZAWorkVMWeridlan 15360M\Magic VieMCC1kRout.1tr Very truly yours, WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYs AT LAW KATHY J. EDWARDs JULIE KLMN FYsCM 200 EAST CARLTON AVENUE NAMPA OFFICE WK, F. GIORAY,111 PosT 0mcE Box 1150 104 NINTH AwW mSoum D. Swum JowsoN Wu,LIAM A. MoRRow MERIDIAN, IDAHO 83680-1150 247 Po A OFAHO 8 X53- xAMPA, roAxo aa65a-0247 WH,uAm F. NwHots TEL (208) 466-9272 CousTOFHHt S. NYE TEL (208) 288-2499 FAX (208) 466-4405 Pmmip A. PErWoN FAX (208) 288-2501 STEP M L. PRUSS ERIC S. RossmAN PLEASE REPLY To Topa A. RossMAN MERIDIAN OFFICE DAVID M. SWARTm TEMWCER. WHITE E•MAu,: 4ms@wppm8.c0m FtFcFyv-ED JAN 1 2 2000 January 6, 2000 CITY OF MERIDIAN William-G'Be g Jr: City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: Conditional Use Permit - Magic View Office Complex Applicant. W.H. Moore Company Dear Will: Please fund enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced ap lication. Please note this matter will be heard before the City Council on oJQ:n (-L6 r I 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. Enclosure ey/ZAWorkVMWeridlan 15360M\Magic VieMCC1kRout.1tr Very truly yours, yor HUB OF. TREASURE VALLEY ROBERT' D. MD. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-1_499 •Fax 288-2501 City CouncilMembers CITY OF MERIDIAN 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: November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING DATE: December 14,199 FILE NUMBER: CUP -99-040 REQUEST: `CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROAD/MAGIC VIEW TAMMY DE WEERD, PIZ KENT. BROWN, PIZ THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT Vit"SANITARY-SERVICEI BUIL'DING`DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER' MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION. DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: W -i AeC,r.H.,,,<4,,,d� aJ r/� d &t, c� _ Ga CA -i-f - ct . t^ f� . -FO -rf.A CLt.n .�f1e 4 1/� -Aax', (''.r, 4- 4Rrr_rr. LA" D N O V 2 9 1999 CITY OF MERIDIAN z0'39Ud vVL0b8880Z 9E:TT 66, 6T CION 0 • MI : or ROBERT D. CORRIN, City Council Mcmhcrs CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HU0 OF TREASURE VALLEY A Good Place to Uve CITY OF MERIDIAN LEGAL DEPARTMCNT (268) 253-2499 - Pax 238.250( PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 53642 (205) S37-221 t - Fox 897-1297 (208) 838-4453• Fax (208) 887=4813 PLANNING AND ZONING City Clerk Fax (208) 88S--1218 DEPARTMENT 1 (208) S84-5533 - Paz 987-1297 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 November 30, 1999 TRANSMITTAL DATE: November 8, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: _CUP -99-040 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE BY: W.H. MOORE COMPANY LOCATION OF PROPERTY OR PROJECT: EAGLE ROADIMAGIC VIEW Ivuvy 1999 TAMMY DE WEERD, PIZ KENT,BROWN, PIZ -THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER NOV 1 '9 1999 MERIDL&N TREATMENT City of sf MERIDIAN SCHOOL DISTRICT 'City'Cler erfifes MERIDIAN POST OFFICE(PRELIM & FINAL PL� 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) S0/ZOCT bbL0b888AZ=QI HRIVM3I9VM N`dIaTHRW LZ:TT 66 -6T -TT 4` Meridian Planning an&ning Commission Meeting December 14, 1999 72 It is not just a condition use, it is an annexation ordinance and you can put some attachments in that as well. De Weerd: Which by approving the conceptional drawings on this, you are putting those conditions on there, is that correct? Hawkins: Right. If you are saying this is going with that, then it is going to run with the land. De Weerd: I know a lot of the problems in the past is P & Z hasn't even seen these development agreements until after it is signed anyway, so.. Borup: Do we even see any then. I do, but I don't think the rest of the commission does . De Weerd: No, we don't. Okay, thank you. Borup: We still have a motion on the floor. Hatcher: I was re -thinking though, we are dealing with annexation and zoning right now. We go off track even with my motion. Borup: I don't think so. Staff had that under the annexation and zoning. Ready to vote? All in favor? MOTION CARRIED: 3-2 Hawkins: Mr. Chairman, could staff just get a clarification. On Item number 12, page 3, what was commissions— Borup: To eliminate the reference to the development agreement. Is that what you meant to clarify Brad. The platting was not addressed. So that was left in. That was part of the motion the recommendation on the platting. Do we need to hold up here a little bit? Hawkins: There was a resolution passed by City Council last week that allows one time splits which the City has not had. In the meeting between staff and the developer, we didn't really complete this issue correct. (Inaudible discussion from audience). If you let the motion stand, that can be modified and (inaudible) by staff when we go to City Council. It stays in the recommendation. That way it will give us time to look it over. 10. PUBLIC HEARING: REQUEST FOR-G-GNB#-TkOtVAi–lJ:SE-PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN LO ZONE FOR PROPOSED MAf� 1'V- EF_IC COMPLEX BY W.H. MOORE COMPANY—EAGLE ROAD AND MAGIC VIEW: Meridian Planning an*oning Commission Meeting • December 14, 1999 73 Borup: Our general policy has been not to take anymore—we are trying not to take anymore applications after 12 o'clock and close the hearings at 1. Again, that is subject to modification by this commission. I assume we would like to at least deal with number 10 and then go from there. That correct Commissioner's. De Weerd: Yes, but I think it would be fair to open the public incase anyone here would want to issue they testimony. Borup: That is what I said. We will proceed with number 10. De Weerd: No, 4 items-11— Borup: Oh yeah. Then we will address that as soon as 10 is over and see what the time looks like. Hawkins: I would point out 2 items that I don't think got addressed. Page 5, number 1 deals with the conditional use permit—shall become null and void if the work does not commence within one year of approval and that was something that staff discussed. We would have no problem moving that to 2 years and I think the developers would like that too. Brown: So then at the applicants request, they will be back with a detailed conditional use permit on the restaurant. Are you willing to remove your recommendation 5 that there is no details — Borup: You talking about page 5 and 6. Brown: Yes. So it is portion 2 what we are going with. Borup: Anything else we need to be aware of? Hatcher: Consistent with condition of the annexation and number 14 needs to be modified to 5 foot, is that correct? Hawkins: 14 goes with a different issue. That is on the south side of the road. END OF SIDE 6 ** Borup: Applicant come on up. We are ready for the applicant. Oh, I didn't open up the public hearing. I asked for a staff report within the public hearing be opened. The public hearing is open. Seel: Jonathan Seel, W.H. Moore Company, 600 N. (Inaudible) Boise Idaho. We are in agreement with the comments that Brad made and our previous testimony stands and we won't take anymore of your time. Meridian Planning antoning Commission Meeting December 14, 1999 74 Brown: I think the only thing that needs to be added to 15 then is the fence is going to be solid and 6 foot, per requirements of the annexation. Borup: Any other questions Commissioner's? Anyone here from the audience? Now is your time. Step forward quickly. Hrueax: Just one clarification I wanted to ask is probably of staff, on the birm height again and there was some clarification here I did not quite understand the motion. When were -talking about the 20 foot buffer only on the west side or was that—but this is still 30 something on the other side. Then the height of that birm, was that a fixed height or was that based on the ratio previously stated. Borup: The motion was 4 feet with a 6 foot fence, total boundary, the whole length. To comply with that, they may have to move their pond or redesign it or something, but that is the intent of the motion—the whole length of the boundary. Hrueax: Would that include mosquito abatement? Borup: The pond is a run off. You don't have water in those anyway. Anyone else. Thank you. Hatcher: Mr. Chairman I move that we close the public hearing. Brown: Second. Borup: All in favor? MOTION CARRIED: ALL AYES Brown: I'll make a motion that we approve Item 10 conditional use permit for a multi building on a single site with some kind of restaurant, subject to staff conditions with a previous stated modifications to condition one being 2 year requirement, highlighting that condition 5 were making reference to submitting a separate CU for the restaurant. Condition 15 that it is a 4 foot birm and that the fence be constructed to 6 foot and it is solid for the annexation requirements. Hatcher: Second. Borup: Discussion. De Weerd: Mr. Chairman perhaps that needs to make clear that that is through the entire property line, that the buffer and parcel A would be the 20 foot buffer and parcel B have the 30 foot that they agreed upon ACHD whatever and that be continuous. Meridian Planning anSoning Commission Meeting December 14, 1999 75 Borup: And you expecting Mr. `Strite to convey that to ACHD at the meeting tomorrow night. De Weerd: We can't require that. It would be advantageous for him to do so. It would be in his best interest. Brown: I will accept that amendment. Borup: Any other discussion? All in favor. MOTION CARRIED: ALL AYES De Weerd: Mr. Chairman, if we could also instruct staff to communicate that to ACHD so they have that. Borup: I am really concerned that the first section didn't have the buffer in that we thought we was going to have. Hatcher: Could we request of staff to look into that? Hawkins: I've got it down. Borup: Commissioner's, we still have 3 items. Actually 4 items. I guess I would be of mind to open the public hearing and see how it goes. We say 1 o'clock is when we want to shut things off. Can we get things done by then, fine. Let to let the applicant know this may be continued if we don't. We are not going to do anymore 3 am meetings. No one thinks straight at that time. We have a lot of people here so we'd like to go ahead and open the meeting. 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC. — WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: Borup: Might mention we had to have 3 hearings on this same application. One is for annexation and zoning, one for preliminary plat and the third for conditional use permit for PUD. Item 11 is annexation and zoning. Brad. Hawkins: Commissioner's, again request that these comments be combined for all three applications. Memo dated December 6, 1999 that these conditions be included for your consideration. I think the overhead shows fairly well what piece we are talking about. Eagle Road north and south, Victory here to the south. Currently Ada County. believe we have two lots that are zoned R-1 and others RT that are immediately across McDonald lateral on the south side of this parcel. The all ready approved Thousand Springs Village Subdivision raps around to the north and the west. The annexation is — the request is legal. It is contiguous to city limits and the legal description has been Meridian City Council 40 January 18, 2000 Page 61 tenant, they may dictate a different type of design for us, then we're back here again, and we don't want to do that. Shari says, if you get these 50 -page Development Agreements that are just so onerous as just a — you can go right one foot and'then left another foot, and that's -it. As I said, in the "City, of Boise, we have never done a Development Agreement. When we -have, we started to look at one that was specific to the use, and that's it. It didn't get into all the other details. Quite honestly, you really do want to avoid it for that reason because we don't know. If we are specifically tied, my feeling is Winston Moore is going to say let's pull this. Then you don't have the road. That's a catalyst to this. Again, I'm not trying to make threats here. He doesn't want to get locked into that because he doesn't know. I'm not sure if I understand all the nuances of these issues and all. All I know is we are trying to propose something here which is an office in an L -O zone. We're trying to propose something here that is generally what we're going to propose and we'd like to get approval (inaudible) conditional use permit. That's what we're trying I'm -sorry. I don't understand all the details of it, but that's what we're really trying to do. Again, if the City comes back and says, we're going to go through this very specific Development Agreement, we can't do that because we don't know and we don't want to get ourselves locked into it. , Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Jonathan, I think what we're hearing from our legal counsel is that he recommends that the State Land Use Planning Act says that we ought to use the Development Agreement. What we're talking about here' is ,one that would be fairly loosely written that would allow you to do some of the things that you're asking. Do you think Mr. Moore would be opposed to something like that? Seel: I think if it's something like that and it's a fairly loose in nature and again, 'it speaks generally to this concept, then I think he would riot be opposed to it. I can't speak for him, but that would be my gut feeling. Again, if it takes (inaudible) other thing where we're going to get very specific, then, no, that's not going to work. Then again, I'm not trying to — I don't know what the term is here — I'm just trying to see where our dilemma is here, but we don't want to get boxed in. I think it can be fairly specific, like, okay, you're going to have office use and you're going to have four buildings, and there might be down the road possibly that one might be a restaurant or something like that, I don't know if that's legal or not. Then, yes. Yes. We can do that. Again, we're talking about a respected developer who's not going to come in and put up garbage here. This land is not coming cheap. I think that's what we're trying to achieve. I think that if we can do that, we can work it. We would like to do this, we would like to build this project. We don't know if it's going to be two months from now, six months or two years from now, but' we would like to build this. We would like to see this road in. I think it's in the benefit of everybody else. So if we can achieve Meridian City Council . January 18, 2000 Page 62 • something like that with some latitude in there, you know, we're not proposing gas stations or any of the other things. We're basically talking office here, and we'will say office, and we said that at the P & Z with the possibility of a restaurant of a conditional use. We will not come back here and ask anyone else here for — oh, we changed our mind, and we'd like to put a Shell Gas Station on that corner. We'd like to put a retail complex. We won't and we said that at P & Z. I think we're trying to be fairly specific and give everybody the comfort they need. (inaudible) answers questions. Kind of in a nutshell. Corrie: Any other questions? Bird: I have none. Corrie: Thank you, Jonathan. I think you answered the question. Anderson: Mr. Foley wants to comment. Corrie: If somebody opens it up, comment (inaudible) Howard. Foley: I'm Howard Foley. From my perspective, I don't represent the homeowners either, but I just represent myself. I'm not opposed to a general, loosely -written Development Agreement. My concern is the lack of specifics as to what may or may not go in there that isn't office building. That's my concern, and I want the staff or the City to continue to have some control over it. I understand legal counsel to say is if you just annex it L -O, you're done. No other conditions. You can't put conditions on it that are other than limited office. If it's limited office, it's just a limited office. Restaurants aren't limited offices. That's my only concern that they're continuing to be some kind of control. If we had the Design Review, then that would be some further control. We just don't have it. So that seems to me, and I think that would be acceptable to me as a resident, if we had a Development Agreement that simply said, if you're going to do something beyond limited office or those kinds of things that you go through something that's akin to the conditional use permit or something that gives us notice and opportunity to come in and talk with staff and say, gee, these are the concerns that we have. That's really my concern, and we have given what I understand Mr. Seel to have said if that's acceptable to the applicant. I think that would be acceptable to us, also, but, you know, we've had these issues before where we think we know what's going on, and then it's sort of gets a life of its own and it sort of changes. Then we are back here lots and lots, and I don't want to do this anymore either. So, that's my only concern. Corrie: Thank you, Howard. Is that what you were saying, Jonathan? Seel: I think (inaudible) 30 seconds because I think we have gone through this. I think that's all we're really saying here. We will put an office here. We will put in there we will be very specific. It's not going to be a gas station, it's not going to Meridian City Council • January 18, 2000 Page 63 • be retail, it's not going to be a liquor store, whatever it is. It's going to be office here. What type of office? It could be medical, it could be general, but it will be office. Then, if we do come with a restaurant, we'll come back with a conditional use permit, again, you've got that second bite at the apple. So I think we're all in agreement here. You know, I think we could accept that. Corrie: Thank you. Okay. Council, have you heard what you wanted to hear? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we close the public hearing. Bird: I second it. Corrie: Motion made and seconded to close the public hearing on Items 7 and 8. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Are you ready then for your Item No. 7 on the annexation and zoning? Anderson: Go ahead, Tammy. It was your idea. Go ahead and take a stab at it. deWeerd: I knew — Corrie: Mrs. deWeerd. Bird: Mr. Mayor. Corrie: Oh. I'm sorry. Then, Mr. Bird. Bird: I move that we have a Findings of Facts and Decision of Order for the request for annexation and zoning of 10 acres from R -T to L -O for proposed Magic View Office Complex by W.H. Moore Company, Eagle Road and Magic View, and that the Development Agreement be a very loose — very general L -O Development Agreement and anything outside of light office will come for a CUP. Anderson: Second. deWeerd: Mr. Bird, would that include — Corrie: Just a second. Motion is made and seconded. Okay. Now discussion, Mrs. deWeerd. • Meridian City Council • • January 18, 2000 Page 64 deWeerd: That needs to include staff comments — Bird: It includes staff comments -- deWeerd: -- and would you include -- Bird: -- and Development Agreement. deWeerd: -- anything on the signage? Bird: The signage is in the staff comments. deWeerd: Oh. Did you put in there height restriction on this? Bird: Ten foot, yeah. Stiles: It's just a suggestion. Bird: We don't have an ordinance. Anderson: Wouldn't that be covered under the CUP? deWeerd: If they come back for a CUP. Corrie: All right. Any other discussion? Gigray: Point of clarification. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, is the motion with the inclusion of staff comments as the recommendations of the Planning and Zoning Commission as proposed to be amended by staff and staffs comments here today? Bird: Yes, it is. Gigray: Okay. Corrie: Is that agreeable on the second? Anderson: Yes. Corrie: Okay. Any other discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council 0 • January 18, 2000 Page 65 MOTION CARRIED: ALL AYES Corrie: Now we have a public hearing request on the conditional use permit, Item No. 8. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the conditional use permit to provide multiple buildings 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, and that is to include the staff comments which I'm not going through and outline and for the City Attorney to draw up the Findings of Facts and Decision of Order. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the conditional use permit on Item No. 8 and the attorney to draw up the Findings of Facts and Conclusions of Law and the Order. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: That would have a condition that if they do put a restaurant in here they will come back with the CUP; correct? Corrie: That's part of the conditional use. deWeerd: Just wanted clarification. Corrie: Thank you. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Now, given the hour,. it's 11:00 and we had a lot of people that was here to do the Walgreen's on 9 and 10. 1 would recommend to the Council, it's your decision, that we have that on the 1St on the public hearing continued to the next meeting. Bird: Yeah. We've had I'll bet you four, five, six, seven people leave because we told them — they were under the impression that we weren't going to go. There's some sitting back out there, but there were four or five sitting right — Meridian City Council M February 1, 2000 Page 2 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 permit 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, 1, J, K and L. Further discussion? i have ' Meridian City Council Me February 1, 2000 Page 3 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 on 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 Meridian City Pre-CounVating 'January 18, 2000 Page 9 ..Corrie: Table Items C and F. Table those two. . Bird: He's saying we might be able to — Corrie: Cis all right. Bird: Okay. Leave C on? Table D and E? Corrie: Right. Bird: We're tabling D, E and F. We're tabling, but in the same motion we'll move E and F to re -open to a public hearing on February 15, 2000. Corrie: Anything else on the Consent Agenda? Explanation — anything to talk about? Item H. Building Inspectors — Contract for Services: Anderson: Oh. The Building Inspector's Contracts? Corrie: Did you get copies of those? Anderson: Yes. Ask Gary a question? Corrie: Yes. Anderson: Gary, on the Building Contract for Services, did you review those and is that the same contract, the same dollar amounts and everything as last year? Smith: Yes, sir. Everything's the same except for the date. Anderson: All right. Thank you. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Item 2. ORDINANCE NO. 853 Solid Waste Collection Services/Franchise: Item 7. Public Hearing: Request for annexation and zoning of 10 acres from RT to LO for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Approve - Attorney to prepare Findings of Fact and Conclusions of Law Item 8. Public Hearing:, Request for conditional use permit to provide multi -buildings on a-single,site and -an ancillary, restadrant in L -O Meridian City Pre-Counc ting January 18, 2000 Page 10 zonefor proposed MMagicView Office Complex by W:H. Moore Company = EagleTRoad`ai d`Magic°View: Item 9. Public Hearing: Annexation and zoning of 4.34 acres from C-2 and R-8 to C-G (Walgreen's) by Hawkins Smith Management, Inc. — NW corner of Fairview and Locust Grove: Item 10. Public Hearing: Conditional use permit to construct a single -tenant commercial building with a drive-thru window (Walgreen's) by Hawkins Smith Management, Inc. — NW corner of Fairview and Locust Grove: Gigray: Mr. Mayor, members of the Council, I just might note on the regular agenda, and I don't know if the Clerk's office has this, but with Ordinance -- proposed Ordinance 853 on the Solid Waste Collection Services and Franchise, there should be an agreement also with SSI as a follow-up to that ordinance. I believe I have gotten a transmittal from their attorney, Mr. Freeman, that they have, in fact, signed that agreement, and I think we've got a copy of their corporate resolution. That's an item that the Council if it doesn't take action on tonight should come fairly soon and then I would encourage the Council to take a look at Items 7 and 8 and 9 and 10, and the Mayor as to whether or not 7 and 8 and 9 and 10 might be considered a motion to combine those companion applications for public hearing purposes only. That's something you've tended to do and can -speed up the process subject to consent of the applicants and anybody appearing. Bird: Mr. Mayor, getting back to — I've got one question. On Gary's proposal concerning the latecomers fee, by approving that, is that the proposal, Gary, that you want to implement? We don't have any real facts and figures on there that I can see. You've got an approximate and something like that. Smith: Mr. Mayor, Council members, Councilman Bird, I just wanted to change — propose that change to the policy. There is not specific language that I wanted you to approve tonight, but I wanted to get your review and your comments concerning the format as far as how we return latecomer fees to those that extend sewer and water lines. Bird: Mr. Mayor. Gary, don't you believe that is something that we could take about 10, 15 minutes in the workshop this month and discuss? Smith: Yes, sir. You bet. Sure could. Bird: So, would you be offended if we agree with you on this proposal but pull it from the Consent Agenda and bring it to the workshop? Meridian City Pre-tounc�Ting January 18, 2000 Page 11 Smith: No, not at all. We've got several latecomer agreements in the process of being finalized, determined, et cetera. I just want to get the language straight in those agreements so that we can return this fund and it will have to be taken care of in the agreement with that particular language or that specific language. Bird: Maybe City Clerk could get us a copy of each one of the Councilmen and the Mayor a copy of that latecomers fee, generic, I know they're all different, but the generic agreement to let us look at when we're doing that. Smith: I'll make you a copy of an example agreement that we presently have approved and under contract, so to speak, that's operational right now. Bird: Then we'll put that on the 28th workshop agenda for a short meeting. Smith: Okay. Corrie: That's fine. Anticipating, you being the Council President, we need to sit down and discuss what we can put on the workshop. We might take a half a day on some of these things because there's a lot of ordinances coming up. Bird: I wouldn't have a problem with that, Mayor. Corrie: Okay. Anything else, any other questions that Council has? t Bird: I have none. Corrie: Mr. Gigray, on this Ordinance No. 853, did you say to hold that — you didn't say that. I just wondered. I didn't think you had, just the agreement's coming in. Okay. Gigray: Mr. Mayor, members of the Council, all I'm saying is we have prepared an agreement, we have worked with SSI on the terms and conditions of that agreement. That has been approved all the way around. SSI has taken corporate action to enter into the agreement, and I'm just saying it is appropriate in my view if the Council wishes to consider it, that agreement could be approved following the passage of that Franchise Ordinance. Corrie: Thank you. Item 3. Public Hearing: Request for annexation and zoning (R -T TO R-4) by Charles Crane — located at 3610 W. Ustick Road: Anderson: Mr. Mayor, I had a question on Item 3 that public hearing and the request for annexation for Charles Crane. Refresh my memory. What was the deal on that one and what were we waiting on? Meridian City Council January 18, 2000 Page 45 Item 8. Public Hearin multipleyb ingswon�a-s ni g proposed Magic View;Offi1�4 and Magic View: I Kequest-for,_„conditional use permit to provide e,slte;,and,an ancillary, restaurant;in L-0 zone for Complexby W.H. Moore Company — Eagle Road Corrie: Item No. 7'and 8 are public' hearings on'theMagic View Office Complex by W.H. Moore Company, and since there was no objection 'to opening both public hearings on 7 and .8, we will do so, so we can have testimony on both of them. We'll take them one' at a time when we do the requests. Item No. 7 is public hearing, request for annexation and zoning of 10 acres from RT to L-0 for proposed Magic View Office Complex by W.H. Moore Company, Eagle Road and Magic View and also Item No. 8 is. a public hearing, request for conditional use permit to provide multiple buildings on a single site and an,ancillary restaurant in L -O zone proposed Magic View Office Complex. At this time I'll open the public hearing and have staff comments first. I - Stiles: Mr. Mayor. and Council, 41 have some suggested changes to the recommendations to City Council. I'll begin with the annexation and zoning recommendations. On Page 1, Item 6 -should read subject property is bordered to,the north by Greenhill Estates Subdivision and city limits of the. City of Meridian are adjacent and abut south and east sides of the property. .It should.be south and east instead of all. Page 2, Item 10, the -last line, Comprehensive Plan designates the subject property as commercial should be . added, and mixed/planned use development. Item 12 should be re -numbered to 11. Pagei4 we're requesting some rather significant changes. There was significant discussion about the buffering between Greenhill Estates Subdivision and this development. = We would ask that Item 1.10 be revised to read: .Applicant shall enter into a license agreement with Ada County Highway District to construct a 30 -foot high buffer — I'm sorry. Okay. Let me start over. 1.10: Applicant shall enter into a license agreement with Ada County Highway District to -construct a 30 -foot wide buffer with_a 4 -foot high berm and a6 -foot high solid, wooden fence on top of the berm along the'entire length of Parcel B. That would be the eastern most parcel that has the 'Ada County Highway District retention pond. As. an explanation to that, that portion there where the retention, pond is' shown on that parcel is going to be owned by Ada_County,Highway District., I think all of you are more than familiar 'with the way Ada County Highway District maintains those parcels. They're-veryconcerned about aesthetics and beautiful landscaping. So that is the reason why we asked the applicant to enter into that agreement to make sure that it is landscaped and that they are responsible for the construction of the fence and the appearance of that, entire area. I'd like to ask that 1.11 be the next item that would read: Applicant shall construct a minimum 20 -foot wide buffer with a 4 -foot high berm and a' 6 -foot high solid, wooden fence on top of the berm"along the entire length ofd Parcel, A. Item 1.11 would then become 1.12. 1.12 would become 1.13. We'd ask . that the, requirement or the staff recommendation for the plat, be removed that last sentence and instead of that sentence that the following be added:. Applicant shall coordinate with Public Meridian City Council January 18, 2000 Page 46 Works Director and Planning and Zoning Director for direction on appropriate action to accomplish subdivision and/or lot line adjustment. We still need to work on some standards for those lot line adjustments or one-time splits, and I think as part of the standards, we probably won't include a roadway dedication to be permitted as part of a one-time split, but since this is a roadway section that is very much needed and should be included in our Comprehensive Plan, in fact, is something that we need to have done. We may develop some standards for that, but Gary and I can both work with Jonathan to work out the best way for that. Item 1.13 would then become 1.14. We'd ask that a sentence be added to the end: Applicant shall vacate conflicting easements prior to applying for building permits. The applicant very eloquently made his case at Planning and Zoning Commission for removal of the Development Agreement requirement. They felt it was too restrictive and it tied them down too much to exactly what they're proposing which is kind of the idea of a Development Agreement. If the Development Agreement is not required by the City Council, I would ask that you add an Item 1.15 included as part of the annexation that reads: As a condition of annexation, all uses are to be developed under the conditional use process as a planned development. That way if they make significant changes to their proposal, we'll send them`back through the process. Maybe legal counsel has something to say on that. We have in the past included that directly in the Annexation Ordinance that all uses would require to be developed under the conditional use process. On the conditional use portion, Page 4, Item 1.10 of the Recommendations to City Council, staff would support on Line 4, end of the sentence striking "approval" and inserting "building permit issuance." So it would read that the conditional use permit will become null and void if the construction's not complete within two years from the date of the building permit issuance instead of two years from date of approval here which seemed a more reasonable timeframe. Under 1.11, the staff's recommendation that all free- standing and wall signs be included and approved as part of this application. No .details have been forthcoming for any of those signs that because, basically, they don't have tenants now, but I think that we should set some restrictions on at least the number and the maximum height of those free-standing signs due to the experience we've had with the Eagle Partners project, we had this same — a similar comment to that signage shall be approved as part of the application. No details were ever submitted, so they've gone through one modification request for 100 -foot pole sign, and they're back again with another application for a 77 - foot high pole sign. So I think if we could add somewhere within the text of this that free-standing signs are limited to four with a maximum height of ten feet or they can make their case if they want to attempt something else, but I think we need to put some definite limitations on this because we don't want to have to negotiate with every sign that comes through and have to make a judgement call on what a significant change is to their plan. On Page 5, Item 1. 15, that could be stricken as they have provided those details. I believe they were presented at Planning and Zoning Commission. Page 6, Item 1.24 should read: A four -foot high berm and six-foot high solid fence is required for the boundaries adjacent to the Greenhill Estates lots. That was covered in the annexation and zoning, but it Meridian City Council January 18, 2000 Page 47 would be good to reiterate it in the conditional use permit. Other than that, we had no further comment. This is a good project. The roadway is needed, and staff recommends approval with the changes noted. Corrie: Okay. Any questions of Shari at this point? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: i have one. Shari, you struck a nerve again with that sign deal with me. You said you didn't want to make a judgement call, but then you kind of rolled your eyes and said I'm thinking in the neighborhood of 10 -foot, yet we have another application that's on Fairview that you're talking about 20 -foot. Have you come up with a Sign Ordinance and these seem very much like judgement calls to me like you're making a judgement. Here it's 10 foot, another it's 20 foot. How do you determine what you're going to allow for height? Stiles: Where was it 20 feet? Anderson: I think it's on the — one of these other projects that we were looking at. The Walgreen I think is a 20 -foot. sign recommended there. Stiles: No. That was a 72 -foot maximum. Albertson's which is way back -- you can't even see the building. The building's higher than 20 feet. It's not along an entryway corridor. You wouldn't even notice a 20 -foot high sign back there. The reason I recommend the 20 feet is because directly south of this property, this entire five -acre parcel has restricted itself to a maximum 10 -foot high free- standing signs. Every lot in that, they have four or five lots in there, and they have made a commitment as part of their annexation and zoning that they will not exceed that. As a condition of annexation and zoning and the conditional use permit, we could say you can only have two -foot high signs. Anderson: I understand that. I'm just -- Stiles: 1 would rather — Anderson: - trying to urge you to — let's get that Sign Ordinance up so you're not making a judgement on all these so that we can push forward with that, and then you've got something to go by. Stiles: I would rather make a legal judgement — I mean that becomes a legal requirement rather than not have any requirement and then have to deal with each one when they come in and make that judgement call and have nothing to stand on. That's why I ask (inaudible). Meridian City Council January 18, 2000 Page 48 Anderson: Okay. Corrie: Any further comments? Bird: I have none. Corrie: This is a public hearing. Any developer? Seel: Good evening, Mayor, Council members report — Corrie: Name. We have read through the Seel: I'm sorry. Jonathan Seel with W.H. Moore Company, 600 North Steelhead, Boise. We've read through the report, and we have no problems. don't know if we want to talk about the annexation first or if we want to merge them together. Corrie: Go ahead and do the annexation. Seel: Annexation? Okay. We'll talk about the annexation first. We read through the annexation, the report that you received. We have no problems with that. With respect to the annexation and rezone, recommendations that are included on the letter from Shari, we also have no problems with that. We talked to her about that already. I'm certainly pleased to answer questions you have. We'll try to keep this short. Corrie: Okay. Council? Bird: Which letter are you talking about, Jonathan? Seel: I'm talking about this one that Shari had provided to me this evening which reflects the modifications she just discussed with you. Stiles: They don't have that. Bird: We don't have a copy of it? So we need to enter it into the records? Stiles: The memo was to myself and Jonathan and the City Clerk from Brad Hawkins -Clark, and I went over every one of those items -- Bird: Oh. Okay. Stiles: -- verbally. Meridian City Council • January 18, 2000 Page 49 Seel: Yeah. We're in agreement with them, so, I was under the understanding you had this. Corrie: Okay. And the request for the conditional use permit? Seel: Okay. You want to do that next, huh? Corrie: If you're through with — Seel: Yeah. We're through with that. With respect to the conditional use permit, again, reading the report, the recommendations provided to you, we're in agreement with that, and we're in agreement with the conditions, again, that were applied here with, I guess, with. exception of a couple things I want to clarify. One, I talked a little bit with Shari about the signage, and I understand where Shari's coming from with her concern for signage. I'm a little reluctant right now to kind of pull something out without understanding what we're going to be potentially developing there. I would like to have the flexibility based on that. If you look at most of our projects throughout the City of Boise, our signage is never — has not been above ten feet. Typically it's been below that. In fact, we've submitted a concept plan reflecting one that was seven feet. But there may be instances where we may need a sign that is slightly higher than that, so I would like to suggest that we have some flexibility in that depending on what we're going to get in there, we had talked about a restaurant. And if it's a restaurant, maybe we will need to look at a little bit higher sign. So I guess I'm just trying to leave that somewhat open at this point to give us the opportunity depending on what we arrive at to determine then instead of locking ourselves into ten feet at this point which may or may not be, you know, may be acceptable. I don't know. So I'm a little uncomfortable in that. The other thing I'll just mention, I don't know, Shari, if you didn't mention 1.4 on Page 3. 1 didn't — *** End of Side 3 *** Stiles: -- tonight because I'm not in agreement with changing that. Seel: Okay. Well, I don't know if it's just simply we need clarification on it. I mean, I can explain — my concern about that one, I don't know if you want to (inaudible) rain on your parade here. Stiles: Mr. Seel had a concern because on Page 3, Item 1.4 of the conditional use permit recommendation, it speaks to providing sewer and water to and through the development. I believe that is an ordinance requirement, and I felt it was covered by the remainder of that paragraph that said project designer is to coordinate sizing and routing with the Public Works Department. Mr. Seel's concern is that he's going to be required to extend sewer and water to and through his property whether or not it's needed. It's — that's just the wording out of our ordinance. That's the reason it reads the way it is. That's why I thought it Meridian City Council January 18, 2000 Page 50 .0 should just stay as it read because the Public Works Department is not going to require him to build lines that are not necessary. Seel: That was my only concern. It was more simply a clarification. If we can tie to sewer on Magic View, and I understand we can. I understand with water we can't. But in the — if, in fact, we can go ahead and tie to sewer on Magic View, I don't want to have language in there that might imply down the road that we need to bring sewer through with what's referred to as St. Luke's Street. As we all know, memories fade, and a year from now or a year -and -a -half from now, somebody looks back and says, oh, Mr. Moore, you were supposed to put sewer down St. Luke's Street. It says it right here, to and through. So I would just like to have some clarification here that if it's necessary, we would put it in, but if it's not necessary that it will not be a requirement. I'm not trying to go against the ordinance because we've had to do the to -and -through policy before. I think it's just clarification because we're talking two streets here with sewer and water right now. That's my only thing. Corrie: But you do agree, Jonathan, that perhaps that last sentence does take that into consideration? Seel: I think it generally does. I guess it doesn't completely satisfy me. You know, I just want it — like I say, I just want something in my mind that's a little clearer on that. As we say, we're talking two streets. We're going to be (inaudible) ACHD is depending. I just don't want that to become an issue, and if it's not necessary and someone down the road decides it, it would be nice to have, but we don't necessarily need it. So maybe I'm being a little picky on this, but as I say, we believe memories fade. So anyway, it's a minor thing. I think it's just simply that and the signage are the only two items that I had any comments; otherwise, we're in agreement with this. Corrie: Council, any question of Jonathan? Bird: I have none. Corrie: Okay. Thank you. Anyone else that would like to issue testimony on Item 7 the annexation and also the conditional use permit? Yes, sir. Harl: My name is Chuck Harl and I live at 3043 Autumn Way in Meridian. Thank you for your time this evening. I just would like to clarify that I'm a resident in Greenhill Estates, and I would like to clarify a couple of things here. In particular, the berm issue because it becomes a noise, light and privacy issue of separation between this project and our residential subdivision. At the Planning and Zoning meeting, we somehow came up with this four -foot berm on a 35 -foot wide piece of right-of-way, and it comes out to a 3:1 ratio, and I'm still confused on how this works. Because even if the 35 feet is split in half, that's 17 feet, and 3:1 is not four. I — for some reason, I think we can raise this berm for a little bit more or a Meridian City Council January 18, 2000 Page 51 little bit more of a privacy issue is what I'm concerned about here. We talked about before what goes on top of this berm. I'm hearing, now that we want a solid six-foot fence that's made out of wood. At the P & Z meeting, we had requested either brick or vinyl, something that doesn't need long-term maintenance. Something that is permanent. This is what we're looking for. I don't think it's really out of the question to do something like this if you look at the maintenance costs that are going to be incurred by having wood on there as to no maintenance on the other things. If we could have some clarification on why exactly this berm is going to only be four -foot high, I would really appreciate that. I guess those are my comments. Corrie: Okay. (inaudible) comments, questions at this point? Thank you. Anyone else that would like to issue testimony? Yes, sir. Foley: My name is Howard Foley. I reside at 2875 Autumn Way in Meridian, Idaho. I'm a resident of Greenhill Estates Subdivision, also, and I have, in .addition to Mr. Harl's comments or concerns, two others. I have the same concern that was raised by Shari regarding the sign and Sign Ordinance. Our subdivision has been through this process with Eagle Partners before where the sign's not been designated and we've been back to hearings, and we've had discussions about 100 -foot signs and whatever. Now, I understand we're going to be maybe having another hearing about a 72 -foot sign, and this seems to be repetitious, and it seems that this is probably the time and the place for these discussions to end so we don't find ourselves back again and again. It seems appropriate to me that if these are going to be office buildings that the signage be consistent with office buildings. That they be ground -level monument signs or that they be signs on the buildings themselves, that they not be free-standing, illuminated signs. Assuming that the offices will be open from eight to. five, you know, I'm just not sure we need 10, or as Councilman Anderson asked, 20 -foot or whatever they are illuminated signs. I know you've heard from us in our subdivision on too many occasions, but I can assure you we're well illuminated by signage from Jackson's and the Chevron's and the McDonald's in our backyards as it is, and the further that development comes down our backyards, the bigger the concern for us with free-standing, internally illuminated signs — just some definition of what that's going to be and some consistency in terms with the development seems appropriate to us. Certainly, the buildings have to have signage, and we understand that, but we just don't see the need for it to be wide open and then the signage issues that we've had to address before, all of us. Secondly, I think there ought to be a Development Agreement. When I first heard about the project and viewed it, I understand there is a proposal for a restaurant. At one time, I'd heard the proposal was that the restaurant would be internal to the office facility itself, would be one of those things where people who worked inside the office buildings would come and have lunch or whatever the case might be. Now I understand that the developer's not exactly sure what they want. They really don't want to be tied down, understandably, I guess, if you were in our position, we'd like them tied down. We'd like to know what they're Meridian City Council 0 January 18, 2000 Page 52 going to do, we want to know if there's going to be restaurants that extend beyond the eight to five timeframe, and if so, what kind of traffic and lighting, and those kinds of things are going to go on. If that is done by the mechanism of a Development Agreement, many of the applicants that come before you are required to enter into Development Agreements, and that's a safeguard for us through your process, and I'd ask that you pose that on the applicant. Thanks. Corrie: Any questions for Howard? Bird: I have none. Corrie: Okay. Thank you, Howard. Anyone else from the public that would like to issue testimony? Okay. Jonathan, any comments on the questions that were raised? Seel: Yes. Jonathan Seel, W.H. Moore Company. I think with respect to the question about the berm and the fence, I think the thinking behind that was that if we have a four -foot berm and a six-foot feet, you basically have ten feet there. I think that would obstruct any type of lighting that would come from the cars. I can appreciate their concern with the noise and lighting, and so I think that was where it was addressed; the fact that we would put a four -foot berm with a six- foot fence on top of it which would give you your ten feet. Presumably, that should be adequate to eliminate the lighting. As far as the sound goes, I'm not sure that you're ever going to completely eliminate noise there, and (inaudible) given the fact that you also have, I don't know how many thousands of cars running up and down Eagle Road every day and every night. So that's where that came from. With respect to the question of the fence, I don't recall — my memory's failed me before, but I don't recall any discussion or approval about a vinyl or brick fence. I do recall some discussions about that, but we would be opposed to that. You start getting into brick, you get into something very substantial in terms of costs. It's not cheap. Winston Moore, I think you're probably all familiar, is a well-respected developer in this community. He's not one that kind of comes in here, throws up a project, sells it and blows out of town. It's in his best interest to maintain this fence, too. We don't want that to deteriorate if we end up, in fact, putting up a wood fence. We want that to look nice. If that starts to deteriorate, then, obvious, that impacts our marketing ability. We want full buildings. So, again, I would like to say that we would (inaudible) wood fence. It would be attractive, it would be well-maintained as well as the landscaping that's in our best interest. As far as the restaurant goes, I would point out that we also say here that we are here for a conditional use permit. In the event that we do come in for a restaurant, we will come back for a CU. So we will come back at that point and there would be conditions put on us. At this point, we don't know what kind of restaurant it is. We don't know what kind of hours of operation. This is a concept. We know generally how it's going to look, but we don't — that's one of the reasons we said to P & Z and we're saying to City Council, that we are prepared to come back in the event it is a Meridian City Council January 18, 2000 Page 53 restaurant and ask for a conditional use permit for that project. So you have essentially another bite of the apple down the road as well as the homeowners who can either say, yes, that's acceptable, or, no, we have a real problem with that. So we are not proposing right now that, yeah, we are going to create a restaurant tomorrow based on this. So I think that's an important point, and I think that's my only comments. Anderson: Mr. Mayor.. Corrie: Mr. Anderson. Anderson: Generally what building you'd be looking at for a restaurant? Seel: Yes. I think most likely if you're looking at it, you'd look at that building right there. (inaudible) Right there. You know, our feeling is that because that is so — that is close to the Chevron Station that that's going to be the most likely place for a restaurant. We also feel that it's far enough away from the homeowners that will not be disruptive to them — certainly minimize any disruptions to them. That is right now what we visualize it as working out that way. I think, again, that would minimize it and it backs up the gas station would be the most likely place. Anderson: Thank you. Seel: Any other questions? deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: Mr. Seel, would you be — since you'd have to come back for a CUP if you put a restaurant in that spot to agree to a height on your signs because that sign could be designated with that piece and could come through with a CUP at that point. Seel: Well, again, I would prefer at that point to address the sign on that. Without knowing what type of restaurant it is — deWeerd: Exactly. That's my point. You could commit to a height on the other facilities, but in case that you did have to come back for a CUP on that particular area, you could come back with the sign package at that time as well. Seel: I don't see -- like I say, if you look around at anything that Winston Moore's done, drive up and down Emerald or over Forest River (sic) stuff, you'll see that those signs are monument -type signs that I think are seven, eight feet tall. They're no more than that. They're a brick structure with (inaudible). They Meridian City Council January 18, 2000 Page 54 have lights that shine up. They're not internally illuminated. I don't see where that will, personally, where that will be a problem. I think that will go well with an office complex. deWeerd: Would you have a problem putting a ten -foot maximum on signage with the exception if you come back with a CUP on the particular lot. Seel: I don't think so. I think that's reasonable. Again, I understand the homeowners' concerns that they don't want 150 -foot sign shining down into the backyard. We can appreciate that; the homeowners' concerns about that. deWeerd: Just one last thing. I know that Shari and her changes had mentioned if we didn't do a Development Agreement there was some other verbiage that she suggested. Do you have a problem with either of those? Seel: No. Because what we presented here is what we think is a concept, the way it will generally look. We've talked about the building, the westerly (inaudible), and I can't remember if that's Parcel A, but the northerly building would be a one-story. Again, we know we're backing up to neighborhoods, so we don't want it to be two -stories. The one below would be potentially a two- story. So we see this as kind of a concept plan that we're going to do, so we're comfortable with trying to stay within these perimeters. 1 don't see where we're going to erratically deviate. We're not going to throw five buildings on this one and six on that one or something like that. deWeerd: So you wouldn't object to a Development Agreement? Seel: A Development Agreement? Yes, I would. deWeerd: That was part of my question. Okay. Seel: Yeah. That's the whole thing. That's what we argued with before was that we don't want to get locked in, quite honestly, if we are forced for that, then, you know, we don't know at this point what precisely we're going to do, and if you get into Development Agreements, they're a very specific thing. You have a concept here, and I don't know if we — we don't — we're opposed to that. deWeerd: That's all I had. Corrie: Any other questions? Bird: I have none. Seel: Okay. Thank you very much. Meridian City Council January 18, 2000 Page 55 Corrie: Any other questions or any other` testimony you would like to hear, Council? Bird: I have none. deWeerd: Mr. Mayor, just for staff. Shari, since I didn't write every change down that you had suggested, in regards to the Development Agreement versus the other alternative, what are the differences between those two? Stiles: Well, a Development Agreement will definitely lock them into exactly what they proposed, what they've shown. I saw Mr. Gigray over there shaking his head when I was talking about just making it a part of the annexation that all uses had to be developed under the conditional use permit process as a planned development. I think that we can do it that way. I think it can be included in the Annexation Ordinance that that's a condition. It's just as easy, in fact, probably easier to track than a Development Agreement; less staff intensive. I'm sure Mr. Gigray wouldn't mind getting rid of some Development Agreements whenever he has the opportunity. I think we have the same control by going with the conditional use permit process as we would through a Development Agreement with a lot fewer trees killed. deWeerd: Thank you. Corrie: Any other questions? Bird: I have none. Corrie: With that, I will entertain a motion to close the public hearing on Item No. 7 and Item No. 8. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 7, request for annexation and zoning, and Item No. 8, request for conditional use permit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay, Council. Let's take then one at a time. Item No. 7. Mr. Gigray. Gigray: I would advise the Council that it would be my legal opinion that regarding Development Agreements that you can use them to craft conditions of development as well as conditions of use. You don't have to include both. They Meridian City Council 0 January 18, 2000 Page 56 can include one or the other. I do not recommend that you have an Annexation and a Zoning Ordinance that has conditions in the Zoning Ordinance because I do not feel that there is clear statutory authority allowing that. I think the vehicle which the Land Use Planning Act provides as a Development Agreement is a condition of a rezone or a zoning designation, and that's why we've used those. Now, if your ordinance which is proposed on this annexation requires a conditional use permit in an L -O zone for what they proposed to do, then that would take care of itself under the Zoning Ordinance. If it doesn't require a conditional use permit, then if there's part of this that wouldn't be governed by the conditional use permit, then the zoning without a Development Agreement wouldn't control it. They would be able to do what the zone would allow. Corrie: Any discussion? Bird: I think Shari's got something to say. Corrie: Shari. Stiles: Mr. Mayor and Council, I need to address what Bill just said. If I'm hearing you right, you're saying that you can't include in an Annexation Ordinance that as a condition of annexation, all uses shall be developed as conditional uses, and that under the conditional use permit process as a planned development. You can't do that? Gigray: Mr. Mayor, members of the Council, no. We can write it that way, I just don't recommend that. I don't think that there's clear statutory authority. I think you have an Annexation Ordinance that includes property, an annexation and then we're required as soon as possible to zone it, and that Annexation Ordinance includes a designation of the property in a zone. We have an ordinance that prescribes what you can use property for in a particular zone. We can't rewrite that Zoning Ordinance in an Annexation Ordinance, and I wouldn't recommend that we try to do so, and I think that's the idea of Development Agreements and why the statutes allow us to use them so that through the Development Agreement as a condition of that zoning you can further limit the use of the property and/or the development of the property in that agreement. Now, if, for instance, the annexation were to the L -O zone and the L -O zone had requirements in it that this developer, whatever that is they wanted to do, required a conditional use permit by the terms of the L -O zone, then what you've recommended works under the terms of our own Zoning Ordinance. If that doesn't work, if then — if you have an annexation into an L -O zone, then they can, without a Development Agreement, then they would be able to develop the property subject to whatever uses are permitted in that zone. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council 0 January 18, 2000 Page 57 Bird: This is for Mr. Gigray. But if we, in approving the annexation and zoning to an L -O, require that all buildings come under conditional use permit, then that takes — they can't (inaudible) go back on that, can they? That takes place of the Development Agreement? Gigray: I'll be directed to draft the ordinance as you require. I just don't recommend that because I think then you get into issues of conditional zoning, but by specific ordinances, you have an ordinance that prescribes your zoning regulations, and you can't amend that by various annexations. You have to go back and change the whole ordinance. But you can, in the Idaho Land Use Planning Act specifically gives you authority if you choose to exercise it, to govern and restrict as a condition of the zoning, the use and/or the development of the property. You don't have to do both. You can just do one. Or you could do both, depending on how you see the evidence in the particular case and what's reasonable. But if you started annexing property and zoning it subject to conditions, we'd have a bunch of mini -zoning ordinances all over the place with every annexation, and I just don't see in the Idaho Code clear authority to do that. But if you direct me to draft the ordinance, I have to do what I'm directed to do by the governing body which you are. Corrie: Okay. It looks like you've got two choices. Annexation and zoning with the Development Agreement or with the conditional use permit on the zoning. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: May I ask Shari — Shari, if I recall, I don't believe it's probably been the two years I've been on here, but I believe we've done a lot of annexations and zonings with conditional use permits, have we not, instead of Development Agreements? Stiles: Most of them ended up requiring a Development Agreement. Practically everything that's been annexed since 1994 has a condition that they enter into a Development Agreement. Bird: Okay. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I just have a general question, then. This seems like a development that we're not the only city that has these types of developments where we don't actually know who the tenants are going to be at this point. How are those other cities dealing with this same type of issue? Are they requiring Meridian City Council 0 January 18, 2000 Page 58 Development Agreements or are we — is our ordinance restricting us or do we need to look at that? I'm not — anybody that can answer it, I guess. Bird: I'm with Councilman Anderson. I'd like to know, too. Corrie: Shari, any idea? Stiles: I believe Star is getting into requiring Development Agreements, Eagle is way different and does require some Development Agreements, but they also have very restrictive design review guidelines. Boise City has a lot of zones that are design review. They have Design Review Committees which helps them a lot, but when you are just trying to do it with Planning and Zoning and Council and staff, it gets down to design review of practically every project that comes through the door. That's why we put the Development Agreement requirement on them because we may have conditions that aren't necessarily outlined in the existing ordinance that is sometimes a lot of it's site-specific, too. Depending on where it is, what the surrounding uses are, some of their presentations they may make during the public hearings that they may say they're going to do that, but if you can really tie them down with a Development Agreement, it's easier to enforce, but I don't know how many Development Agreements Boise City has done. I know that they do have the mechanism for them, but I believe, and maybe Jonathan can even answer that, too. It's governed more by design review in those other cities. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: It seems that you have a little bit more control, a little bit more chance of feedback with a conditional use permit, though. At least you can see what they're proposing. If it's just under a Development Agreement, you don't see it, if it's permitted. Corrie: Shari Stiles: I don't particularly like the way Development Agreements are turning out as far as — I mean, they are extremely restrictive. It says — it has — it's 50 pages long, it has the Findings attached to it, it has an exact site plan that sometimes is so restrictive that it doesn't leave them any room for even slight modifications because of the way that it's written. deWeerd: So it's almost better off that they come in and ask for annexation and zoning without a plan. I've seen that happen. So why on earth do we allow that to happen and don't put any conditional use permit requirements on but we're holding — we're considering holding this one up because the CUP process is not the way to go? Meridian City Council 0 January 18, 2000 Page 59 Corrie: I don't think it's not a way to go. It's just one of the ways. Mr. Gigray. Gigray: Mr. Mayor, members of the Council, the only time that you have authority to require a conditional use permit is if the applicant is in a zone and they propose a use of that property that that Zoning Ordinance requires a conditional use permit. They've already been annexed, they're already subject to a Zoning Ordinance that applies to that property, and they propose to, let's say, put a gas station in an L -O zone, and in order to use that as a gas station, takes a conditional use permit. Then you go through and they go through the conditional use permit. But if the L -O zone allows an office building, they don't need a conditional use permit because the zone allows an office building. Now, if in a Development Agreement, you require as a condition of giving the L -O zone to the applicant that they go through a conditional use permit in order to get the office building, you need a Development Agreement in my opinion. That's an example. Obviously, in this application, one of these would be subject to a conditional use permit, but I'm saying do not pass annexation ordinances with zoning designations that include conditions on the zone because I don't think you have clear, legal authority to do that. You have your zoning ordinance, and once you're designated in that zone, it's subject to the terms and conditions of that zone whatever they may be. Now, if you want to limit that further, then you do a Development Agreement. Whether or not you do that is a matter of discretion and determination. Yes, you could accommodate an application for annexation and zoning and no development, and if you feel in your wisdom that's proper, you'd grant the annexation and zoning with no conditions. You know, those are going to be fact -driven by each application. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: Mr. Gigray, so can you request that a Development Agreement be made but not particularly tying to that and ask for them to come through with conditional use permits with their — Gigray: You could have a Development Agreement simply just governed the use, and it'd have a provision in there that any uses proposed of the property or any development of the property would require a conditional use process and of conditions. Corrie: Any further discussion? deWeerd: Well, Mr. Mayor, I guess some of the change in this, I would be interested to hear what the applicant had to say. Corrie: We can't do it. It's a public hearing. Meridian City Council January 18, 2000 Page 60 0 deWeerd: That would be my proposal. I would move that we re -open the public hearing. Bird: I'll second it. Corrie: Motion's made and seconded to re -open the public hearing on Item No. 7 and 8. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: All right. Let's hear what you've got to say, Jonathan. Seel: I think there's a couple things to think about here. This kind of caught me flatfooted because I didn't think we'd be going through this again. The City needs the road and County wants to put it in, and Winston Moore — let me back up. The process behind us was Winston wanted to, about six months ago, wanted to get an idea how this road would be laid out. He went to ACHD and said to them, we'd like to know how much right-of-way you'll be taking and how's this going to be used so we can begin to design a concept plan on this project so we can begin to market it. ACHD's comment at that point was, okay, you go ahead and submit an application, and based on that, we'll be able to determine what kind of road we put. Based on that, we came up with a concept plan is what we're proposing here which we don't see is going to radically deviate from this. This is an L -O zone, we are allowed to put office in here. With multiple office, we go through the conditional use. So we submitted this concept plan without knowing precisely how this is all going to work out because we haven't started the marketing process yet, and we don't know how market conditions are going to dictate for this. So we have a concept plan here. I don't want to say this as a threat, but this is almost verbatim from Winston, is if the City of Meridian requires me to do a Development Agreement that's very specific, then I'll simply pull the application. He doesn't want to get locked into something because we don't know. As Shari's said, we've gone through this before where it gets so specific is the type of building, the size, the footprint and everything else, and we begin to deviate from that, we're back here, and we don't want to do that. That's just counterproductive. I don't think you enjoy listening to me talk, and I certainly don't want to be here until 11:00 multiple times. I'm not trying to be smart here, I'm just trying to lay it out. What we're trying to do is say, okay, this is generally what we're going to do. It's an L -O zone. The homeowners, from what I understand, and Billy Ray is probably spent many meetings here with homeowners and their concerns, they wanted office, we're proposing office with a possibility of a restaurant which we will come back under a conditional use permit to provide. So we're not really talking about a restaurant today. The restaurant is for all intents and purposes in my mind off the table. We're just saying that there's just a possibility down the road, we're kind of laying out. Maybe it'd be better if we never had. So we're trying to give you a concept plan, but we don't know if this is specific. If we get a particular type of tenants or Meridian City Council • i January 18, 2000 Page 62 something like that with some latitude in there, you know, we're not proposing gas stations or any of the other things. We're basically talking office here, and we will say office, and we said that at the P & Z with the possibility of a restaurant of a conditional use. We will not come back here and ask anyone else here for — oh, we changed our mind, and we'd like to put a Shell Gas Station on that corner. We'd like to put a retail complex. We won't and we said that at P & Z. I think we're trying to be fairly specific and give everybody the comfort they need. (inaudible) answers questions. Kind of in a nutshell. Corrie: Any other questions? Bird: I have none. Corrie: Thank you, Jonathan. I think you answered the question. Anderson: Mr. Foley wants to comment. Corrie: If somebody opens it up, comment (inaudible) Howard. Foley: I'm Howard Foley. From my perspective, I don't represent the homeowners either, but I just represent myself. I'm not opposed to a general, loosely -written Development Agreement. My concern is the lack of specifics as to what may or may not go in there that isn't office building. That's my concern, and I want the staff or the City to continue to have some control over it. I understand legal counsel to say is if you just annex it L -O, you're done. No other conditions. You can't put conditions on it that are other than limited office. If it's limited office, it's just a limited office. Restaurants aren't limited offices. That's my only concern that they're continuing to be some kind of control. If we had the Design Review, then that would be some further control. We just don't have it. So that seems to me, and I think that would be acceptable tome as a resident, if we had a Development Agreement that simply said, if you're going to do something beyond limited office or those kinds of things that you go through something that's akin to the conditional use permit or something that gives us notice and opportunity to come in and talk with staff and say, gee, these are the concerns that we have. That's really my concern, and we have given what I understand Mr. Seel to have said if that's acceptable to the applicant. I think that would be acceptable to us, also, but, you know, we've had these issues before where we think we know what's going on, and then it's sort of gets a life of its own and it sort of changes. Then we are back here lots and lots, and I don't want to do this anymore either. So, that's my only concern. Corrie: Thank you, Howard. Is that what you were saying, Jonathan? Seel: I think (inaudible) 30 seconds because I think we have gone through this. I think that's all we're really saying here. We will put an office here. We will put in there we will be very specific. It's not going to be a gas station, it's not going to Meridian City Council January 18, 2000 Page 63 be retail, it's not going to be a liquor store, whatever it is. It's going to be office here. What type of office? It could be medical, it could be general, but it will be office. Then, if we do come with a restaurant, we'll come back with a conditional use permit, again, you've got that second bite at the apple. So I think we're all in agreement here. You know, I think we could accept that. Corrie: Thank you. Okay. Council, have you heard what you wanted to hear? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we close the public hearing. Bird: I second it. Corrie: Motion made and seconded to close the public hearing on Items 7 and 8. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Are you ready then for your Item No. 7 on the annexation and zoning? Anderson: Go ahead, Tammy. It was your idea. Go ahead and take a stab at it. deWeerd: I knew — Corrie: Mrs. deWeerd. Bird: Mr. Mayor. Corrie: Oh. I'm sorry. Then, Mr. Bird. Bird: I move that we have a Findings of Facts and Decision of Order for the request for annexation and zoning of 10 acres from R -T to L -O for proposed Magic View Office Complex by W.H. Moore Company, Eagle Road and Magic View, and that the Development Agreement be a very loose — very general L -O Development Agreement and anything outside of light office will come for a CUP. Anderson: Second. deWeerd: Mr. Bird, would that include — Corrie: Just a second. Motion is made and seconded. Okay. Now discussion, Mrs. deWeerd. Meridian City Council January 18, 2000 Page 64 deWeerd: That needs to include staff comments — Bird: It includes staff comments -- deWeerd: -- and would you include — Bird: -- and Development Agreement. deWeerd: -- anything on the signage? Bird: The signage is in the staff comments. deWeerd: Oh. Did you put in there height restriction on this? Bird: Ten foot, yeah. Stiles: It's just a suggestion. Bird: We don't have an ordinance. Anderson: Wouldn't that be covered under the CUP? deWeerd: If they come back for a CUP. Corrie: All right. Any other discussion? Gigray: Point of clarification. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, is the motion with the inclusion of staff comments as the recommendations of the Planning and Zoning Commission as proposed to be amended by staff and staff s comments here today? Bird: Yes, it is. Gigray: Okay. Corrie: Is that agreeable on the second? Anderson: Yes. Corrie: Okay. Any other discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council i` 40 January18, 2000 Page 65 MOTION CARRIED: ALL AYES Corrie: Now we have a public hearing request on the conditional use permit, Item No. 8. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the conditional use permit to provide multiple buildings 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, and that is to include the staff comments which I'm not going through and outline and for the City Attorney to draw up the Findings of Facts and Decision of Order. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the conditional use permit on Item No. 8 and the attorney to draw up the Findings of Facts and Conclusions of Law and the Order. deWeerd: Mr. Mayor. Corrie: Mrs. deWeerd. deWeerd: That would have a condition that if they do put a restaurant in here they will come back with the CUP; correct? Corrie: That's part of the conditional use. deWeerd: Just wanted clarification. Corrie: Thank you. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Now, given the hour, it's 11:00 and we had a lot of people that was here to do the Walgreen's on 9 and 10. 1 would recommend to the Council, it's your decision, that we have that on the 1St on the public hearing continued to the next meeting. Bird: Yeah. We've had I'll bet you four, five, six, seven people leave because we told them — they were under the impression that we weren't going to go. There's some sitting back out there, but there were four or five sitting right — Meridian City Council S January 18, 2000 Page 66 Gigray: (inaudible) Bird: Is there anybody that can't come back, Mayor, (inaudible) 1st? Corrie: Is there anybody that can't come back on the 1St of February? We can take — Hawker: Mr. Mayor, Colby Hawker, Hawkins Smith — if we — Corrie: It's not open yet. Let me — I just wanted to know if — the reason you can't. Hawker: I'm with the applicant, and our issue is simply with we have made a commitment on the property, and we have got to finalize where we are in this project or our commitments on this thing — we started — we applied in August, we were deferred through Planning and Zoning, we were deferred through ACRD, and it just keeps going on and on and on, and I know the timing was bad with the first of the year and the new City Council members that have come on for the last hearing that we were supposed to be on. So — Corrie: One of the things, if I open it, it'll have to be continued to the first, so it'll be the same thing because we've got people that left that have a right to testify. Hawker: Well, I understand. I don't know what to say other than (inaudible) specific commitments that we have got to make and I would just hate to have that go — I think we have a plan in front of the City Council that we can talk about tonight. I know there are several neighbors that had some concerns, and I think we've got a plan that we will present to you that will alleviate the concerns that they had. Corrie: That may well be, but they're not here. Hawker: Well (inaudible) — Corrie: So that's why we have to have the continued public hearing. You're in a Catch-22 here. Some people have left because of the hour. Hawker: I understand. Bird: Mr. Mayor, can I explain something? The Mayor asked earlier if there was anybody here that, you know, -- told them that if it comes 10:30, we were going to decide on these two things to go, and then at that point, five or six people left. It would not be fair to them, and I understand your dilemma, you know, and I realize you've went on about six months trying to get this thing through, but it's Meridian City Council January 18, 2000 Page 67 not fair to those people that were under the impression that we were not going to have a public hearing. — *** End of Side 4 *** Item 9. Public Hearing: Annexation and zoning of 4.34 acres from C-2 and R-8 to C -G (Walgreen's) by Hawkins Smith Management, Inc. — NW corner of Fairview and Locust Grove: Item 10. Public Hearing: Conditional use permit to construct a single - tenant commercial building with a drive-thru window (Walgreen's) by Hawkins Smith Management, Inc. — NW corner of Fairview and Locust Grove: Hawker: -- I understand that. Bird: I understand your dilemma. Hawker: It's an unfortunate situation, I guess. We've just been involved with this process for so long, and our commitments that we can make to the landowners out there — you know, the property that we're taking down as part of this, there's a huge financial commitment that we have to make to go ahead and close on those pieces of property, and without knowing that my development is approved as part of this, there's a huge financial risk that I take there. Bird: When do you have to make the commitment? Hawker: Well, our commitments have to be made by the end of this month. Bird: By the first of February? You couldn't get a 15 -day extension on those guys? I don't think somebody's going to jump in and buy it up (inaudible) Hawker: I don't know. (inaudible) approach them and make that recommendation. That's my concern. Bird: And I apologize for the — you know, we can only go so much — Corrie: The thing is, you wouldn't get a commitment from the Council anyway until they voted the 1St if they had it tonight. So you're still in a Catch-22. They have to approve the Findings of Facts on the 1 st, so you're not in time anyway. Hawker: Sure. I understand. Anderson: Mr. Mayor. Corrie: Mr. Anderson. r BEFORE THE MERIDIAN CITY COUNCIL FILE COPY IN THE MATTER OF THE APPLICATION OF W. H. MOORE COMPANY, FOR A CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND ANCILLARY RESTAURANT FOR MAGIC VIEW OFFICE COMPLEX ON 10 ACRES, LOCATED ON THE NORTH SIDE OF MAGIC VIEW DRIVE, 300 FEET WEST OF EAGLE ROAD, MERIDIAN, IDAHO f?BC1ErV1Ej) F E 8 1 1 2000 CITY OF MERIDIAN Case No. CUP -99-040 01-28-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS This above entitled conditional use permit application having come before the City Council for public hearing on January 18, 2000, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying on behalf of W. H. Moore Company was Jonathan Seel, and also appearing were affected property owners, Church Harl and Howard Foley, and having duly considered the matter and the Planning and Zoning Commission made the following FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 1 of IS W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 i Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 2 of IS W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits as provided in Chapter 17 of Title 11 Meridian City Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Limited Office zone (L -O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300) of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 3 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 0 0 Section 11-2-416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that Conditional Use applications for land in Old Town and in Industrial and Commercial Districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for 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 feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the 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 said January 18, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 4 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 ' planning jurisdiction of the City of 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 §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located on the north side of Magic View Drive, 300 feet west of Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property are W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 6. Applicant is W.H. Moore Company. 7. The subject property was zoned Ada County Rural Transitional (RT) and is currently zoned LO. The zoning district of LO is defined within the Meridian City Code § 11-7-2 G. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 5 of IS W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 8. The proposed application requests a conditional use permit for multiple buildings and ancillary restaurant on one site. The LO zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Code). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. 10. The use proposed within the subject application will in fact, constitute a ' conditional use as determined by City Ordinance. 11. The requested conditional use is required as a condition of the development agreement at Sections 5. Conditions Governing Development of Subject Property. 12. The requested conditional use is described in the SITE DEVELOPMENT PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CU -1, Z:1/21999- jobsl/2100-1491/2991231/2CU-SITE 10-26-99 9:45:29 am EST, By: BRS Architects, for proposed development for: W.H. Moore Co., for the development of the aforementioned residential projects. 13. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 6 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 14. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for .Annexation and Zoning of the Subject Property in Case No. AZ -99-022 incorporated herein by reference. 15. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 16. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 17. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 7 of IS W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 18. The use proposed within the subject application will be served 1 adequately by central public facilities and services such as highways, streets, police and { fire protection, drainage structures, refuse disposal, water and sewer. 19. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 20. The use proposed within the subject application will 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. 21. Sufficient parking for the proposed use of the property will be provided. 22. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the Applicant and owner of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for the FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 8 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 construction, development, maintenance and use of multiple buildings on a single site and ancillary restaurant, as described in the SITE DEVELOPMENT PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CU -1, Z: 1/21999 - jobs 1/2100-1491/2991231/2CU-SITE 10-26-99 9:45:29 am EST, By: BRS Architects, for proposed development for: W.H. Moore Co., for the development of the aforementioned projects and which property is described as: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00007150" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 9 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 w North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 52 6. 18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89058'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning staff as follows: 2.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 2.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 10 of IS W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 to coordinate main sizing and routing with the Public Works Department. 2.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 2.8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. All outside lighting will be shrouded to direct illumination down and away from neighboring residential areas. 2.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within two years of approval and construction is not complete within two years from date of the issuance of a building permit. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 11 of I8 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 2.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. A coordinated sign program complementing building architecture style will be submitted for all freestanding and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. The criteria for sign review shall include that all free standing and wall signs the number and size that there include no more than 4 free standing signs with a maximum height of 10 -feet, which is in conformity to the limitations on the real property to the south of the subject parcel. The Applicant may seek an amendment to this condition and such shall be considered an amendment to this conditional use permit. 2.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Applicant shall provide a letter of approval from Sanitary Service Company prior to applying for building permits. 2.13 Applicant shall provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 2.14 No details of hours of operation are provided. While the office uses/hours should be harmonious with the residential homes to the north, the application also requests approval for an ancillary restaurant within the complex. A separate CUP application with attendant notices and hearings will be required for the restaurant. 2.15 There is an existing ten -foot -wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. 2.16 The parking details on Sheet CU -1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1:400). Retail use is specifically prohibited in the L -O zone. This shall be corrected to state "Office Parking." FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 12 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 2.17 Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Only six are shown (three per building). At least one (1) more handicap stall shall be added per building. Parcel B appears to meet the minimum ADA requirements. 2.18 The parking rows against the east boundary of Parcel A (adjacent to Allen Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual/softening break. At least one (1) landscape bump -out with dimensions similar to the other proposed bump -outs (approx. 8' x 20') shall be added to each of these parking rows. 2.19 Bicycle racks shall be added at each of the four (4) office buildings. 2.20 The street trees proposed along all three public roads on the Site Plan should be planted outside any easement containing an underground water line, sewer line, or other utility. 2.21 The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with the Certificate of Zoning Compliance/Building Permit submission. 2.22 If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. 2.23 Applicant shall enter a License Agreement with Ada County Highway District to construct, and perpetual maintain, a 30 -foot wide buffer with a 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Parcel B. Adopt the Recommendations of the Meridian Fire Department as follows: 2.24 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 13 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 2.25 A fire sprinkler system shall be installed. Adopt the Recommendations of the Sewer Department as follows: 2.26 Applicant shall comply with Sewer Department requirements for water pressure for sewage disposal for the proposed restaurant development. Adopt the Recommendations of the Central District Health Department as follows: 2.27 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health ~Sz Welfare, Division of Environmental Quality. 2.28 Run-off is n6t to create a mosquito breeding problem. 2.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that: prevents groundwater and surface water degradation. rd'. 2.31 The Health Department will require a specific plan review for any restaurant development as part of the conditional use permit process for said future application. Adopt the recommendations of the Ada County Highway District as follows: 2.32 Applicant shall dedicate 64 -feet of right-of-way for the extension of St. Luke's Street through the site by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.33 Applicant shall extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46 -foot street section with curbs, gutters, sidewalk and bike lanes. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 14 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 2.34 Driveways on the extension of St. Luke's Street shall be located a minimum of 125 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot wide curb return driveways with 15 -foot curb radii and paved a minimum of 30 -feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east property line. 2.35 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.36 Applicant shall construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 4'1 -foot street section. 2.37 Applicant shall enter into an agreement with the District to construct or, pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle trips. If the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. 2.38 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.39 Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 15 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 • 0 then a conformed copy shall be served by the Cleric upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 16 of IS W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit 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 day of�t�'i-��- , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED �- COUNCILMAN BIRD VOTED COUNCILMAN deWEERD VOTED .6L COUNCILMAN McCANDLESS VOTED--Zpry FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 17 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: �7— &,�2O MOTION: APPROVED:, DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. W111s1►1►,,,,,1 By: Dated: City Cleric msg/ZAWorkVVWeridian 15360M\Magic View\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) / CUP -99-040 0 aG()P"P0 SEAL • F E 8 1 1 2000 CITY OF MERIDIAN BEFORE THE MERIDIAN CITY COUNCIL 01-27-00 IN THE MATTER OF THE APPLICATION OF W. H. MOORE COMPANY, FOR A CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND ANCILLARY RESTAURANT FOR MAGIC VIEW OFFICE COMPLEX ON 10 ACRES, LOCATED ON THE NORTH SIDE OF MAGIC VIEW DRIVE, 300 FEET WEST OF EAGLE ROAD, MERIDIAN, IDAHO CASE NO. CUP -99-040 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 15`h day of February, 2000, under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant and owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for multiple buildings on a single site and ancillary restaurant, as described in the SITE DEVELOPMENT PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CU -1, Z:1/21999 -jobs 1/2100- 1491/2991231/2CU-SITE 10-26-99 9:45 am EST, By: BRS Architects, for the development of the aforementioned projects and which property is described as follows: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 2. That the above named applicant is granted a conditional use permit for multiple buildings on a single site and ancillary restaurant, located on the north side of Magic ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 View Drive west of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning staff as follows: 2.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 2.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 2.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 2.8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. All outside lighting will be shrouded to .direct illumination down and away from neighboring residential areas. 2.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within two years of approval and construction is not complete within two years from date of the issuance of a building permit. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. A coordinated sign program complementing building architecture style will be submitted for all freestanding and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. The criteria for sign review shall include that all free standing and wall signs the number and size that there include no more than 4 free standing signs with a maximum height of 10 feet, which is in conformity to the limitations on the real property to the south of the subject parcel. The Applicant may seek an amendment to this condition and such shall be considered an amendment to this conditional use permit. 2.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Applicant shall provide a letter of approval from Sanitary Service Company prior to applying for building permits. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 2.13 Applicant shall provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 2.14 No details of hours of operation are provided. While the office uses/hours should be harmonious with the residential homes to the north, the application also requests approval for an ancillary restaurant within the complex. A separate CUP application with attendant notices and hearings will be required for the restaurant. 2.15 There is an existing ten -foot -wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. 2.16 The parking details on Sheet CU -1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1:400). Retail use is specifically prohibited in the L -O zone. This shall be corrected to state "Office Parking." 2.17 Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Only six are shown (three per building). At least one (1) more handicap stall shall be added per building. Parcel B appears to meet the minimum ADA requirements. 2.18 The parking rows against the east boundary of Parcel A (adjacent to Allen Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual/softening break. At least one (1) landscape bump -out with dimensions similar to the other proposed bump -outs (approx. 8' x 20') shall be added to each of these parking rows. 2.19 Bicycle racks shall be added at each of the four (4) office buildings. 2.20 The street trees proposed along all three public roads on the Site Plan should be planted outside any easement containing an underground water line, sewer line, or other utility. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 • 9 2.21 The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with.the Certificate of Zoning Compliance/Building Permit submission. 2.22 If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. 2.23 Applicant shall enter a License Agreement with Ada County Highway District to construct, and perpetual maintain, a 30 -foot wide buffer with a 4 -foot high berm and a 6 -foot high solid, wooden fence on top of the berm along the entire length of Parcel B. Adopt the Recommendations of the Meridian Fire Department as follows: 2.24 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.25 A fire sprinkler system shall be installed. Adopt the Recommendations of the Sewer Department as follows: 2.26 Applicant shall comply with Sewer Department requirements for water pressure for sewage disposal for the proposed restaurant development. Adopt the Recommendations of the Central District Health Department as follows: 2.27 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 2.28 Run-off is not to create a mosquito breeding problem. 2.29 Stormwater shall be pretreated'through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.31 The Health Department will require a specific plan review for any restaurant development as part of the conditional use permit process for said future application. Adopt the recommendations of the Ada County Highway District as follows: 2.32 Applicant shall dedicate 64 -feet of right-of-way for the extension of St. Luke's Street through the site by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.33 Applicant shall extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46 -foot street section with curbs, gutters, sidewalk and bike lanes. 2.34 Driveways on the extension of St. Luke's Street shall be located a minimum of 125 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot wide curb return driveways with 15 -foot curb radii and paved a minimum of 30 -feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east propertv line. 2.35 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.36 Applicant shall construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 41 -foot street section. 2.37 Applicant shall enter into an agreement with the District to construct or, pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle trips. if the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. 2.38 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.39 Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 7-117- day of 2000. 4 l jo:rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated ity Clerk ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 G� �'P�?PORgTF, �v '�•� . 11 •, C ST 1 S� �7 `�\` - PAGE 8 OF • 0 msg/Z:\Work\M\Meridian 15360M\Magic View\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES / CUP -99-040 1 MERIDIAN PLANNING & ZONING'MEETING: Decemberl 1999 APPLICANT: W.H. MOORE COMPANY ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN LO ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. 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: SEE STAFF COMMENTS SEE COMMENTS SEE COMMENTS SEE COMMENTS SANITARY SERVICE: SEE COMMENTS OTHER: January 14, 2000 MERIDIAN CITY COUNCIL MEETING: JANUARY _18. 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: 'y -REQUEST• CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON kSINGLE SITE AND AN ANCILLARY RESTAURANT IN L -O ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY 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: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED FROM SEWER DEPT AND SANITARY SERVICE SEE ATTACHED RECOMMENDATIONS REVIEWED SEE ATTACHED "NO REMARKS" SEE ATTACHED SEE ATTACHED OTHER: SEE LETTER FROM HOWARD FOLEY AS A RESIDENT OF GREENHILLS ESTATES All Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G'. Berg; Jr. - From: Wm F. Nichols Subject: W.H. MOORE COMPANY File No.: CUP -99-040 Date: February 10, 2000 Will: 1?ECEIVIE13 FEB 1 1 2000 CY OF PIAN Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their January 18, 2000, meeting. The Findings will be on the Council's agenda for their February 15, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve conformed copies of both documents upon the Application, Planning and Zoning Department, Public Works, and the City Attorney, and any other person requesting said Findings. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Magic View\ClkLtrCUPffcls b January26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1, 2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: K REQUEST: CONDITIONAL USE PERMIT ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN AN L -O ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX 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: BUREAU OF RECLAMATION: SEE ATTACHED MEMO OTHER: Materials presented at public meetings shall become property of the City of Meridian. W.H. MOORS C O M P A N Y Real Estate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 837072204 Date: February 15, 2000 To: Mayor and Meridian City Council City of Meridian 33 E. Idaho Meridian, Idaho 83642 From: Jonathan R. Seel Subject: Magic View Project Case No. AZ -99-022 Case No. CUP -99-040 TELEPHONE (208) 323.1919 / FAX 323.7523 FBeEIVE10 'f --E8 ; 5 2000 CITY OF M ER.IDLA N We have reviewed the Findings. and Recommendations for the referenced cases and ask for the following modifications or corrections: • In a January 18`x' memo, Staff recommended replacing their requirement to submit a plat for the new road dedication (St. Luke's Road) with ACHD's Site Specific Condition #1 that allows for dedication by way of a final plat or a warranty deed, prior to building permit. City Council approved staffs recommendation. The option to either dedicate the street through a deed or plat is noted in the Findings for the CUP, but the Annexations and Rezone Findings require a final plat with no option for a warranty deed. We ask that the deed option be inserted in the Findings for Annexation and Rezone. • The Findings note the requirement to construct a 20 -foot buffer on Parcel A. This lot should be referenced by the legal description, which is Lot #3 in the Amended Magic View Subdivision. • The Findings note the requirement to enter into a license agreement with ACHD for Parcel B. This lot should be referenced by the legal description, which is Lot 42 in the Amended Magic View Subdivision. Mayor and Meridian Council Magic View Project Page 2 • In the Findings for Annexation and Rezone, page 14, it states the applicant wants to annex and rezone 20.05 acres. This should be approximately 10 acres. The City Council originally sided with the Planning and Zoning's decision to remove the requirement for a development agreement. However, the City Attorney strongly recommended that due to legal concerns, some form of a development agreement should be required. The City Council did approve a development agreement with the clarification that such agreement "be a very loose — very general L -O Development Agreement and anything outside of light office will come for a CUP" (Councilmember Bird's motion as contained in the January 18th minutes). The Findings do not contain this clarification and we believe this is an important point. We argued against this agreement because of the restrictive nature of past development agreements and we believe the Council shared our concerns. Hence the Council"s motion. • Article 2.33 of the Findings for the CUP require the Applicant to extend St. Luke's Street, whereas in Article 2.37 it states the Applicant shall enter into an agreement with the District to construct St Luke's Street. These two Articles seem in conflict. Although we do not have a binding responsibility to construct the road, we are in the process of preparing an agreement with the District for St. Luke's Road. Specifically, this agreement will address the guidelines under which the WH Moore Company would construct the road and at what time we would pay the extraordinary impact fees. With the following in mind we ask that Article 2.33 be deleted as well as the last two sentences in Article 2.37, beginning with " The proportionate share.....". Thank you for your consideration regarding this matter. cc: Winston H. Moore Billy Ray Strite, BRS Architects Bradley Hawkins -Clark, Assistant Planner — City of Meridian W.H. MOORE C O M P A N Y Real Estate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707.2204 Date: February 15, 2000 To: Mayor and Meridian City Council City of Meridian 33 E. Idaho Meridian, Idaho 83642 From: Jonathan R. Seel Subject: Magic View Project Case No. AZ -99-022 Case No. CUP -99-040 TELEPHONE (208) 323.19191 FAX 323.7523 We have reviewed the Findings and Recommendations for the referenced cases and ask for the following modifications or corrections: • In a January 18`h memo, Staff recommended replacing their requirement to submit a plat for the new road dedication (St. Luke's Road) with ACHD's Site Specific Condition #1 that allows for dedication by way of a final plat or a warranty deed, prior to building permit. City Council approved staff s recommendation. The option to either dedicate the street through a deed or plat is noted in the Findings for the CUP, but the Annexations and Rezone Findings require a final plat with no option for a warranty deed. We ask that the deed option be inserted in the Findings for Annexation and Rezone. • The Findings note the requirement to construct a 20 -foot buffer on Parcel A. This lot should be referenced by the legal description, which is Lot 43 in the Amended Magic View Subdivision. The Findings note the requirement to enter into a license agreement with ACHD for Parcel B. This lot should be referenced by the legal description, which is Lot #2 in the Amended Magic View Subdivision. Mayor and Meridiaty Council Magic View Pro cW Is Page 2 In the Findings for Annexation and Rezone, page 14, it states the applicant wants to annex and rezone 20.05 acres. This should be approximately 10 acres. The City Council originally sided with the Planning and Zoning's decision to remove the requirement for a development agreement. However, the City Attorney strongly recommended that due .to legal concerns, some form of a development agreement should be required.. The City Council did approve a development agreement with the clarification that such agreement "be a very loose — very general L -O Development Agreement and anything outside of light office will come for a CUP" (Councilmember Bird's motion as contained in the January 18'' minutes). The Findings do not contain this clarification and we believe this is an important point. We argued against this agreement because of the restrictive nature of past development agreements and we believe the Council shared our concerns. Hence the Council's motion. Article 2.33 of the Findings for the CUP require the Applicant to extend St. Luke's Street, whereas in Article 2.37 it states the Applicant shall enter into an agreement with the District to construct St Luke's Street. These two Articles seem in conflict. Although we do not have a binding responsibility to construct the road, we are in the process of preparing an agreement with the District for St. Luke's Road. Specifically, this agreement will address the guidelines under which the WH Moore Company would construct the road and at what time we would pay the extraordinary impact fees. With the following in mind we ask that Article 2.33 be deleted as well as the last two sentences in Article 2.37, beginning with " The proportionate share.....". Thank you for your consideration regarding this matter. cc: Winston H. Moore Billy Ray Strite, BRS Architects Bradley Hawkins -Clark, Assistant Planner — City of Meridian ■,1,D�yIHDiIV 1^'I� aw IIMA awu p Q �'fr••'obow HAL Fv ua �Y$ RR 34 • \pe ^p o € yo r 0 hr�r (i�u zU aW eS qQ F a00 ^0a5 9LuL«a W u �S qq$r_FWFWFWoifp{p� e�7` @ _ J J�W � dl O f � F F ,� � � ii • �� Witi iii IIII !cll9-O=zkfl; 9 III nn I -F- m °II IIl l„ un W III nn � III IIII df III nn nl Iln � m nn I W —O m Ill III till J Q III �'Il I1 d) AMLS I I I IIIII i1�1 I l i Q x I I II m a 31 t` iW., d I> 0 7i Wrd ---------------- PLLI 1111 111111 1111[ O I J �IIIW �� i � ..dA•f6j rd I�eddY6 111 III ' h I �i 133tJ18 N311V' - ' 1 1 f. I 1 1 � I 1 1111 1111111111111 IlFlI 1 � O—-bib' 1 61C � 1 C 1 1Ih 1 Lp� 1 KA 1 3 1 r 1 i 1 1 I I I1 � 1 1 1 1 l • ' I I• 1 M:G. PPS r� `- RECO6RE 0 -REQUEST OF * A CMNTY RECORDER J. 9MVI0'IA.VARRO FEE DEPUTY U7Y it 20001;330 PM =26 100023732 MERIDIAN CITY CITY OF MERIDIAN FILE C ORDINANCE NO. C> b 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 LIMITED 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 ORDINANCES, 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 CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF 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 IDAHO 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: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence ANNEXATION AND ZONING ORDINANCE (AZ -99-022)- 1 (/U , VALID r2 --_-�� : Vl �u,'��Ci�c�c �owLP I e artZ • 0 North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 3 15. 10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 'to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 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 zoned Limited Office District (L -O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions,of that certain Development Agreement by and between the City of ANNEXATION AND ZONING ORDINANCE (AZ -99-022)- 2 L � . L s Meridian and the owner of the land described in Section 1 dated the 2 i day of 2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric 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. ANNEXATION AND ZONING ORDINANCE (AZ -99-022)- 3 0 • Sir PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of MC'.'t.CA--� , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2/ / day of 121 d,TCA , 2000. • �Y i i / • J d STATE OF IDAHO,) ss. County of Ada. ) ,o1 E,� r�MJ,'''�.P SI],A 9c, r,S1 • •r On this 74 day of rn6t'vL�u , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and 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 tfie same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal'the day and year first above written. seaaaaaaa OT (SEAL) :"': NOjW PUBLIC FOR IDAHO RESI NG AT: bt D MY COMMISSION EXPIRES:. 2 -ID 0 C� OF IV a�amaa`aa msg\Z:\Work\M\Meridian 15360M\Magic ViewWZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ -99-022)- 4 Y R ,o1 E,� r�MJ,'''�.P SI],A 9c, r,S1 • •r On this 74 day of rn6t'vL�u , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and 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 tfie same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal'the day and year first above written. seaaaaaaa OT (SEAL) :"': NOjW PUBLIC FOR IDAHO RESI NG AT: bt D MY COMMISSION EXPIRES:. 2 -ID 0 C� OF IV a�amaa`aa msg\Z:\Work\M\Meridian 15360M\Magic ViewWZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ -99-022)- 4 3 ' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on January 18, 1999, for the purpose of reviewing and considering the application of W. H. Moore Company for annexation and zoning of 10 acres from RT to LO for proposed Magic View Office Complex which is generally located at Eagle Road and Magic View. Furthermore, the applicant requests a conditional use permit to provide multiple buildings on a single site plus an ancillary restaurant. 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 during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23rd day of December. 1101) ti �- /q7� PUBLISH a f_ _" 66 & WILLIAM G. BERG, JR., I CLERK 14, 2000. S BBAL 7 r t8ri •, P.{�`.,`• 0,9 � 0 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND ANCILLARY RESTAURANT FOR MAGIC VIEW OFFICE COMPLEX W.H. MOORE COMPANY, Applicant Case No. CUP -99-040 RECOMMENDATION TO CITY COUNCIL T IRKIEIVED � JAN 12 2000 1 CITY OF MERIDIAN INTRODUCTION L The property is located on the north side of Magic View Drive, 300 feet west of Eagle Road, Meridian, Idaho. t 2. The owner of record of the subject property are W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 3. Applicant is W.H. Moore Company. 4. The subject property is currently zoned Ada County Rural Transitional (RT) and there is a current annexation and zoning application under consideration to change the zoning to LO. The zoning district of LO is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(7). 5. The proposed application requests a conditional use permit for multiple RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY 0 0 buildings and ancillary restaurant on one site. The LO zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11.2-409). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 8. The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of Howard R. Foley, Meridian, Idaho, dated December 14, 1999. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning staff as follows: 1.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY design of site drainage plan. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 1.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 1.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 1-8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT --- MAGIC VIEW OFFICE COMPLEX --- W.H. MOORE COMPANY the water and sewer mains to their current points. 1.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling'public, as determined by the Meridian -Public Works -k -v Department: The Public Works Department ig.in-the process -of- determining detailed standards-for.lighting.. 1.10 The conditional use permit shall be subject to review upon ten days notice to the -Applicant. The conditional usepermit should become null t and. void if'work.does not commence within two years of approval -and construction is not complete within two years. from date` of approval: The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds 'in accordance. with the approved conditional . use -permit:., a ( • ' ; L, 1.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for Private drives and public roads., Staff strongly, eitcourage-a coordinated r° sign program complementing building architecture style.be 'submitted e for all freestanding and wall . signs in the entire complex and approved as part of, this application. All signageds.subject.to design review and 1, - separate application. L 12 Coordinate thelocation and sizing requirements -of screened.trash. enclosures with Sanitary Service Company, Applicant shall provide a letter of approval from. Sanitary Service -Company prior to applying for building permits. I 1.13 Applicant shall provide a letter of approval from°Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. , L 14 No details of hours of operation are provided. While the office uses/hours should -be harmonious with the.residential homes io,th'e:'' x north, the application also requests,approval"for an ancillary'restaurant RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAUUSE PERMIT -- M,AGIC"VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY r} ROLL CALL: TAMMY de WEERD THOMAS BARBEIRO . RICHARD HATCHER KENT BROWN CHAIRMAN KEITH BORUP CONSENT AGENDA A. MINUTES OF MEETING HELD NOVEMBER 9, 1.999 AGENDA 1. CONTINUED PUBLIC HEARING:. REQUEST FOR ANNEXATION. AND ZONING OF 157.876 ACRES FROM R-3 TO CO BY TOUCHMARK LIVING, CENTERS, JOSEPH A BILLIG: a 2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, StNGLE:AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERS, JOSEPH'A.:BILLIG: 3. CONTINUED PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES FROM C-2 AND: R-8 TO C -G (WALGREEN'S) BY HAWKINS SMITH. MANAGEMENT, INC. -NW CORNER OF FAIRVIEW AND LOCUST GROVE: 4. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCTA SINGLE TENANT COMMERCIAL BUILDING WITH A DRIVE THRU WINDOW (WALGREEN'S)BY HAWKINS SWTH MANAGEMENT, INC. -NW CORNER=OF FAIRVIEW AND LOCUST GROVE:''. 5. PUBLIC HEARING. REQUEST FOR CONDITIONAL USE PERMIT TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE IN OLD TOWN TO A FINGERNAIL SALON, ELEGANT NAILS BY CHRISTY P. FIELDSTADD-1026 N. MERIDIAN: 6. PUBLIC. HEARING 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: 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. 96.3 passed by the City Council of the City of Meridian, on the 21 s� day of ttlt"ci-Y 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, ss. County of Ada, ). WILLIAM G. BERG, JR. On this ��+ day of 1(Y�`��'`' , in the year 2000, before me, A k , a Notary Public, appeared WILLIAM.G. ERG, JR., 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. yp TA •'Y ;An (SEAL)v ' �It-4: Notary is for Idaho w e ; am Commission Expires: q -U--'0 0 ••� OF ID ° msg\Z:\Wor1,\M\Meridian 15360N�1C 1111n Forms\CertiflcationOfCtertCOrd,frm CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on January 18, 1999, for the purpose of reviewing and considering the application of W.H. Moore Company for annexation and zoning of 10 acres from RT to LO for proposed Magic View Office Complex which is generally located at Eagle Road and Magic View. Furthermore, the applicant requests a conditional use permit to provide multiple buildings on a single site plus an ancillary restaurant. 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 during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23rd day of December. PUBLISH D WILLIAM G. BERG, JR., ZIW CLERK �f 14, 2000.0 ; SEAL �' �� r 191 •, P ,' I 0 i BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND ANCILLARY RESTAURANT FOR MAGIC VIEW OFFICE COMPLEX W.H. MOORE COMPANY, Applicant Case No. CUP -99-040 RECOMMENDATION TO CITY COUNCIL ,- - T INTRODUCTION Pc]ElvED JAN 12 2000 CITY OF MERIDIAN 1. The property is located on the north side of Magic View Drive, 300 feet west of Eagle Road, Meridian, Idaho. 2. The owner of record of the subject property are W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 3. Applicant is W.H. Moore Company. 4. The subject property is currently zoned Ada County Rural Transitional (RT) and there is a current annexation and zoning application under consideration to change the zoning to LO. The zoning district of LO is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(7). 5. The proposed application requests a conditional use permit for multiple RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY r buildings and ancillary restaurant on one site. The LO zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11.2-409). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 8. The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of Howard R. Foley, Meridian, Idaho, dated December 14, 1999. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning staff as follows: 1.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORS COMPANY design of site drainage plan. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 1.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 1.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a'secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 1.8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these'' assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX --- W.H. MOORE COMPANY the water and sewer mains to their current points. 1.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within two years of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 1.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. Staff strongly encourage a coordinated sign program complementing building architecture style be submitted for all freestanding and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. L 12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Applicant shall provide a letter of approval from Sanitary Service Company prior to applying for building permits. L 13 Applicant shall provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 1.14 No details of hours of operation are provided. While the office uses/hours should be harmonious with the residential homes to the north, the application also requests approval for an ancillary restaurant RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY within the complex. A separate CUP application is required for the restaurant: 1.15 The building elevations provided do not correspond with the building j envelopes,labeled.on Sheet CU- 1. Applicant should provide,more specific details on which buildings are single -story and which are two- story. ¢ 1.1 b There is an existing ten -foot -wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. $ 1.17 The parking details on Sheet CU -1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1:400). Retail use is -specifically prohibited in the L -O zone. This should be corrected to state "Office Parking." 1.18 Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Only six are shown (three per building). Staff -recommends adding at least one (1) more handicap stall per building. Parcel B appears to meet the minimum A.DA requirements. n 1.19 The parking rows against the east boundary of Parcel A (adjacent,to,, Allen Street) show twenty-six (2 6) stalls south of the driveway, and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual/softening break. Staff recommends at least one (1) landscape bump -out with dimensions similar to the other proposed bump -outs (approx. $' x 20') be added to each of these parking rows. 1.20 Staff encourages the inclusion of bicycle racks at each of the four (4) office buildings. t 1.21 The, street trees proposed along all three,.public roads on the Site Plan, should be planted outside any easement containing an underground water line, sewer line, or other utility. RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT MAGIC VIEW OFFICE COMPLEX -- W.I. MOORS COMPANY 1.22 The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with the Certificate of Zoning Compliance,/Building Permit submission. 1.23 If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. 1.24 A four foot berm is required for the boundaries adjacent to the Greenhill Estates lots. Adopt the Recommendations of the Meridian Fire Department as follows: 1.25 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1.26 A fire sprinkler system shall be installed. Adopt the Recommendations of the Sewer Department as follows: 1.27 Applicant shall comply with Sewer Department requirements for water pressure for sewage disposal for the proposed restaurant development. Adopt the Recommendations of the Central District Health Department as follows: 1.28 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 1.29 Run-off is not to create a mosquito breeding problem. 1.30 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY 0 1* 1.31 The Engineers and architects involved with the design of the subject project shall obtain: current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1.32 The Health department will require a specific plan review for any restaurant development. Adopt the recommendations of the Ada County Highway District as follows: 1.33 Applicant shall dedicate 64 -feet of right-of-way for the extension of St. Luke's Street through the site by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.34 Applicant shall extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46 -foot street section with curbs, gutters, sidewalk and bike lanes. 1.35 Driveways on the extension of St. Luke's Street shall be located a minimum of 125 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot wide curb return driveways with 15 -foot curb radii and paved a minimum of 30 -feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east'property line. 1.36 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 1.37 Applicant shall construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 41 -foot street section. 1.38 Applicant shall enter into an agreement with the District to construct or, pay the proportionate share of the cost of constructing a new road from RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY 0 Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle trips. If the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. 1.39 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 1.40 Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited. ey/Z:\Work\M\Meridian 15360M\Magic View\CUPRec.wpd RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX --- W.H. MOORE COMPANY ROLL CALL: TAMMY de WEERD THOMAS BARBEIRO RICHARD HATCHER KENT BROWN CHAIRMAN KEITH BORUP CONSENT AGENDA A. MINUTES OF MEETING HELD NOVEMBER 9, 1999 - AGENDA 1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION. AND ZONING. OF 157.876 ACRES FROM R-3 TO LO BY TOUCHMARK LIVING CENTERS, JOSEPH A. BILLIG: 2. CONTINUED PUBLIC HEARING. REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, SI;NGLE:AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERS, JOSEPHA. BILLIG: 3. CONTINUED PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES FROM C 2 AND R-8 TO C -G (WALGREEN'S) BY HAWKINS SMITH MANAGEMENT, INC. -NW CORNER OF FAIRVIEW AND LOCUST GROVE: 4. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCT A SINGLE TENANT COMMERCIAL BUILDING WITH A DRIVE THRU WINDOW (WALGREEWS) BY HAWKINS SMITH MANAGEMENT, INC. --NW CORNER OF FAIRVIEW AND LOCUST GROVE: 5. PUBLIC HEARING. REQUEST FOR CONDITIONAL USE PERMIT TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE IN OLD TOWN TO A FINGERNAIL SALON, ELEGANT NAILS BY CHRISTY P. FIELDSTAD-1026 N. MERIDIAN: 6. PUBLIC HEARING:. REQUEST FOR VACATION OF THE EASEMENT LYING AD IACENT 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: f 7. 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 & 17 OF MIRAGE MEADOWS SUB AND LOTS 19 & 20 OF CHATEAU MEADOWS EAST LOCATED AT THE END OF OAKCREST DRIVE: 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 20.05 ACRES FROM M-1 TO I -L BY ALBERTSON'S, INC.—EAST OF EAGLE ROAD, NORTH OF RAILROAD TRACKS AND SOUTH OF SETTLERS CANAL.- 9. ANAL: 9. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 10 ACRES FROM RT TO LO FOR PROPOSED MAGIC VIEW OFFICE COMPLEX BY W.H. MOORE COMPANY—EAGLE ROAD AND MAGIC VIEW: 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN LO ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX BY W.H. MOORE COMPANY—EAGLE ROAD AND MAGIC VIEW: 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC. – WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: 12. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 8.25 ACRES FROM RT TO R-8 ZONING FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC. –WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR RESIDENTIAL PUD FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD, D.W., INC.—WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: 14. Office Value Sign Application City of Meridian Phone: 888-4433 EXT. 210 (208) 888-4218 Fax To:�i1.G� E-%G�.Yi ��2 From: Fax: �G ��!� j Date: G l �= L= _� , Phone: Pages: Re: I/j I q -,CCC 00 rtl e le h r"� CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle -Comments: Hb pe, 411S k d.p s . Ll e+- hie- kw vv -� - g o v- ne z"A W (4 (fit o rj&