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HomeMy WebLinkAboutSantee Commercial Complex PPHUB OF TREASURE VALLEY Mayor 940 LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 - Fax 288-2501 City Council Members 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 City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: 8-18-99 TRANSMITTAL DATE: 7-19-99 HEARING DATE: 8-25-99 FILE NUMBER: PP -99-013 REQUEST: PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY: PINNACLE ENGINEERS LOCATION OF PROPERTY OR PROJECT: LOT 3 BLOCK 2, RAILSIDE PARK SUB. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, 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 BUILDING DEPARTMENT FIRE DEPARTMENT 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 REC LAMAT ION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANN!�ATI Na ` qq�— YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITY ATTORNEY [iL� C� f (�-G '� 0' _CITY ENGINEER CITY PLANNER 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 September 21, 1999, for the purpose of reviewing and considering the application of Pinnacle Engineers for Wes Worcester for preliminary plat approval of proposed Santee Commercial Complex of Railside Park Subdivision consisting of 2.10 acres, Lot 3, Block 2, which is generally located west of Ralstin Street and south of Pine Street. Further the applicant requests a conditional use permit for townhouse conversion of multiple buildings on the above described property. 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 31st day of August, 1999. ANGE,f SIMS, DEPUTY CITY CLERK PUBLISH September 8 and 15, 1999. r ZONING MAP SANTEE COMMERCIAL COMPLEX MOO PINNACLE ENGINEERS, INC. p zon�r� 870 N. LI NDER RD, STE B, MERIDIAN, I D 83642�oe�c # c996143 o subd�� PH (208) 887-7760 FX (208) 887-7781 ate: 6/21/99 Sri rm S3n1eO7 ** TX CONFIRSON REPORT ** DATE TIME TO/FROM 08 08/31 13:00 208 888 1097 AS OF AUG 31 13:00 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'31" 001 236 OK 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 September 21, 1999, for the purpose of reviewing and considering the application of Pinnacle Engineers for Wes Worcester for preliminary plat approval of proposed Santee Commercial Complex of Railside Park Subdivision consisting of 2.10 acres, Lot 3, Block 2, which is generally located west of Ralstin Street and south of Pine Street. Further the applicant requests a conditional use permit for townhouse conversion of multiple buildings on the above described property. 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 31St day of August, 1999. 0114d-j�� ANGFJ SIMS, DEPUTY CITY CLERK PUBLISH September 8 and 15, 1999. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Pinnacle Engineers for preliminary plat approval of proposed Santee Commercial Complex of Railside Park Subdivision consisting of 2.10 acres, Lot 3, Block 2, which is generally located west of Ralstin Street and south of Pine Street. Further the applicant requests a conditional use permit for townhouse conversion of multiple buildings on the above described property. 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 6th day of August, 1999. PUBLISH August 11 & August 18, 1999. WILLIAM G. BERG, JR., I CLERK M SAL 9 ti '� '9©��'tts�• Q�,� /,�!!l/JJIlJi1 11tg40 ** TX CONFIRM& REPORT ** AS OF AUG 0616:05 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 19 08/06 16:05 208 888 1097 EC --S 00'30" 001 072 OK -------------------- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Pinnacle Engineers for preliminary plat approval of proposed Santee Commercial Complex of Railside Park Subdivision consisting of 2.10 acres, Lot 3, Block 2, which is generally located west of Ralstin Street and south of Pine Street. Further the applicant requests a conditional use permit for townhouse conversion of multiple buildings on the above described property. A more particular description of the above property is on file in the City Clerk's off ce 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 6t' day of August, 1999. WILLIAM G. BERG, JR., CITY CLERK PUBLISH August 11 & August 18, 1999. INN TO: Shari Stiles Planning and Zoning Administrator 200 E. Carlton, Suite, 201 Meridian, Idaho 83642' i DATE: Tuly 1, 1999 RE: Santee Commercial Complex Ms. Stiles: On behalf of Santee Construction, we are submitting this application for a Subdivision Preliminary Plat e, 2.10 acres located west of Ralstin Street and south of. Pine Street (lot 3, block 2 Railside Park' Subdivision), Meridian, Idaho. The proposed Subdivision consists of 23 zero lot line commercial townhouses and 1 common lot. The property is currently zoned I -L. The project is a resubdivision of Lot 3, Block 2, Railside Park Subdivision and is compatible with the development currently occurring within the Railside Park Subdivision. The project is compatible with the policies and goals of the Meridian City Comprehensive Plan and the surrounding area. Sewer and water (Meridian) is currently to the property and will be extended into the development at the expense of the developer. All other utilities will be provided to the site. All streets, curbs,. w ks are existing and have been dedicated to the public and built to Ada County ide al gutters ,and,, s g The driveway and parking will be constructed to Highway District and Meridian standards. Meridian standards and will exist on lot 3 which is, a common lot owned and maintained by the development association. Cross access agreements will be provided as required. This project is compatible with the surrounding area and as such, will not change the general use or character of the property and will not have any adverse effect on the surrounding properties. The traffic unpact on the surrounding streets should be 'minimal as Ralstin Street has direct access to traffic. Pine Street which has the capacity to carrythe additional This subdivision will adopt restrictive covenants and I have provided a copy of those covenants for your review, 870 2 (208) 887-7760 FAX (208) 887-7181 NORTH LINDER SUITE B - MERIDIAN, IDAHO 8364 o . L J • REQUEST FOR SUBDIVISION APROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: SANTEE COMMERCIAL COMPLEX 2. General Location: LOT 3, BLOCK 2, RAILSIDE PARK SUBDIVISION _ 3. Owners of Record: RAILSIDE DEVELOPMENT INC. Address: 4414 GEKELER LN, BOISE, ID ,Zip 83716 Telephone 342-8901_ 4. Applicant:PINNACLE ENGINEERS, INC. FOR SANTEE CONSTRUCTION Address: 870 N. LIN )ER RD, SUITE B ,Zip 83642 Telephone 887-7760_ 5. Engineer: JOHN CARPENTER / BOB UNGER Firm: PINNACLE ENGINEERS 6. Name and address to receive City billings Name: SANTEE CONSTRUCTION Address 10065 WESTVIEW, BOISE, ID 83704 Telephone 377-5536 PRELININARY PLAT CHECKLIST: Subdivision Features 1. Acres: 2.10_ 2. Number of building lots: 23_ 3. Number of other lots: 1 — COMMON LOT_ 4. Gross Density per acre: 11.42 5. Net density per acre: 10.95 6. Zoning Classification(s): I -L - EXISTING 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9. Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the City? NO 11. Are there proposed dedications of common areas? NO Explain For future parks? NO Explain 12. What school(s) the ares? MERIDIAN Do you propose any agreements for future school sites? NO_Explain U • 13. Are there any other proposed amenities to the City? NO—Explain 14. Type of Building (Residential, Commercial, Industrial combination):COMMERCIAL 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): ZERO LOT LINE COMMERCIAL TOWNHOUSES 16. Proposed Development features: a. Minimum square footage of lot(s): 2,010 SQ. FT. b. Minimum square footage of structure(s): 1,560 SQ. FT. C. Are garages provided for? NO Square footage: N/A d. Has landscaping been provided for? YES Describe: LANDSCAPING WILL BE PROVIDED ON COMMON SPACE LOT PARTICULARLY AT THE ENTRANCE e. Will trees be provided for? YES— f. Are sprinkler systems provided for? YES - PRESSURIZED g. Are there multiple units? YES_Types: 3 STRUCTURES CONTAINING ZERO LOT LINE COMMERCIAL TOWNHOUSES h. Are there speciet back requirements?__,Explain: Explain: ZERO LOT LINES al s FOR COMMERCIAL TOWNHOUSES i. Has off street parking been provided for? YES _Explain: j. Value range of property: UNK k. Type of financing for development: DEV. LOAN 1. Were protective covenants submitted? YES Date: 6/30/99 _ 17. Does the proposal land lock other property? NO—Does it create Enclaves? NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein. And to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed. RAILSIDE DEVELOPMENT, INC. P.O. Box 5405 (83705) 4414 S. Gekeler Lane Boise, ID 83716 208/342-8901 208/338-2215 -FAX April 5, 1999 SHARI STILES PLANNING & ZONING ADMINISTRATOR CITY OF MERIDIAN 200 E CARLETON SUITE 201 MERIDIAN ID 83642 Re: Worcester Application for Conditional Use Permit Lot 3, Block 2 Railside Park Subdivision Dear Ms. Stiles: RJUCE APR 0 7 1999 CITY OF AIERIIDIAN PLAN T:1;G & ZONING, Railside Development, Inc. has entered into a Purchase and Sale Agreement providing for the purchase by Wes A. and Susan C. Worcester of Lot 3, Block 2 in Railside Park Subdivision. The Purchase and Sale transaction is contingent upon Worcester obtaining a Conditional Use Permit from the City of Boise. Railside Development, Inc. does hereby authorize Wes A. and Susan C. Worcester to take any and all action necessary to apply for and obtain a Conditional Use Permit on Lot 3, Block 2, Railside Park Subdivision, including signing of all applications and other documents required for the processing of the application. Should you need any further information please give me a call. Sincerely, s. / ice RICHARD D. HEATON Secretary and General Counsel RDH/lo xc: Dave Williams - FAX TRANSMISSION - 376-2424 milli • ZONING MAP SANTEE COMMERCIAL COMPLEX PINNACLE ENGINEERS, INC. Zoning 870 N. LI NDER RD, STE B, MERIDIAN, ID 83642 43 Sseg Stseg PH (208) 887-7760 FX (208) 887-7781 Date: 6/21/991 S3n1e07 o•o-u •W �1 3 �S 3 O tJ OM M •�o urll�—a#igo.Ajtaluds 1 d JL 1-ftN1 W �X�3.1 0 0 -1v10a3ww0 1 0-1 3d31dNbS 9 1 4 'Pill it a.' 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CORRIE HUB OF TREASURE VALLEY A Good Place to Live U - LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 City Council Members 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 City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: 8-18-99 TRANSMITTAL DATE: 7-19-99 HEARING DATE: 8-25-99 FILE NUMBER: PP -99-013 REQUEST: PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY: PINNACLE ENGINEERS LOCATION OF PROPERTY OR PROJECT: LOT 3 BLOCK 2, RAILSIDE PARK SUB. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, 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 _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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: i 0 REQUEST FOR SUBDIVISION APROVAL PRELIMINARY PL AND/OR FINAL PLAT �PL AZONING COMMISSION TIME TABLE FOR SUBMISSION: P"ErN7ED J U L o k 1999 CITY OF MERIDIAN PLANNING & ZONING FILE q�3 A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: SANTEE COMMERCIAL COMPLEX 2. General Location: LOT 3, BLOCK 2, RAILSIDE PARK SUBDIVISION _ 3. Owners of Record: RAILSIDE DEVELOPMENT INC. Address: 4414 GEKELER LN, BOISE, ID ,Zip 83716 Telephone 342-8901 4. Applicant:PINNACLE ENGINEERS, INC. FOR SANTEE CONSTRUCTION Address: 870 N. LINDER RD, SUITE B ,Zip_83642_Telephone 887-7760_ 5. Engineer: JOHN CARPENTER / BOB UNGER Firm: PINNACLE ENGINEERS 6. Name and address to receive City billings Name SANTEE CONSTRUCTION Address 10065 WESTVIEW, BOISE, ID 83704 Telephone 377-5536_ PRELININARY PLAT CHECKLIST: Subdivision Features 1. Acres: 2.10 2. Number of building lots: 23_ 3. Number of other lots: 1 — COMMON LOT_ 4. Gross Density per acre: 11.42_ 5. Net density per acre: 10.95 6. Zoning Classification(s): I -L -EXISTING 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9. Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the City? NO 11. Are there proposed dedications of common areas? NO Explain For future parks? NO Explain 12. What school(s) the ares?_MERIDIAN Do you propose any agreements for future school sites? NO Explain • 0 13. Are there any other proposed amenities to the City? NO—Explain- 14. OExplain14. Type of Building (Residential, Commercial, Industrial combination): COMMERCIAL 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): ZERO LOT LINE COMMERCIAL TOWNHOUSES 16. Proposed Development features: a. Minimum square footage of lot(s): 2,010 SQ. FT. b. Minimum square footage of structure(s): 1,560 SQ. FT. C. Are garages provided for? NO Square footage: N/A d. Has landscaping been provided for? YES Describe: LANDSCAPING WILL BE PROVIDED ON COMMON SPACE LOT PARTICULARLY AT THE ENTRANCE e. Will trees be provided for? YES Will trees be maintained? YES f. Are sprinkler systems provided for? YES - PRESSURIZED g. Are there multiple units? YES Types: 3 STRUCTURES CONTAINING ZERO LOT LINE COMMERCIAL TOWNHOUSES h. Are there special set back requirements? YES _Explain: ZERO LOT LINES FOR COMMERCIAL TOWNHOUSES i. Has off street parking been provided for? YES Explain: j. Value range of property: UNK k. Type of financing for development: DEV. LOAN 1. Were protective covenants submitted? YES Date: 6/30/99 17. Does the proposal land lock other property? NO Does it create Enclaves? NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein. And to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed. . 1 P NN 1ACL EYigineers , Iric . TO: Shari Stiles Planning g and Zoning Administrator 200 E. Carlton, Suite, 201 Meridian, Idaho 83642 DATE: July 1, 1999 RE: Santee Commercial Complex Ms. Stiles: On behalf of Santee Construction, we are submitting this application for, a Subdivision Preliminary Platon'2.10'acres located westt of Ralstiri Street and south of Pine Street (lot 3, blockck2 Railside, _ Park I Subdivision), Meridian, Idaho.- The proposed Subdivision consists of 21 zero lot line commercial townhouses and 1 common lot. The property is currently zonedI-L. The project is a resubdivision ofLot 3,,B16ck 2; Railside Park Subdivision and is compatible with the development currently occurring within' the Railside Park `Subdivision. The project is compatible with 1 the policies and goals 'of- the, -Meridian City Comprehensive Plan and the surrounding area. Sewerand water (Meridian) is currently to the property and will be extended into the development at the expense of the developer. All other utilities will be provided to the, site. All streets, curbs, gutters and sidewalks are existing and have been dedicated to the public and built �,to Ada County Highway District and Meridian standards: The driveway and parking will be constructed to Meridian ,standards and will exist on lot 3 which is a common lot owned and maintained by the development association. Cross access agreements will be provided as required. This project is compatible with the surrounding area and as such will not change the general use or character of the property and will not have any adverse effect on the surrounding properties. The' traffic impact on the surrounding streets should be ,minimal as Ralstin Street has direct access to Pine Street which has the capacity to carry the additional traffic. This subdivision will adopt restrictive covenants and I have provided & copy of those covenants for your review. 870 NORTH LINDER Sitn E �B MERIDIAN, IDAHO 83642 (208) 887;-7760 FAX (208) 887-7781 RAILSIDE DEVELOPMENT, INC. P.O. Box 5405 (83705) 4414 S. Gekeler Lane Boise, ID 83716 208/342-8901 208/338-2215 - FAX April 5, 1999 SHARI STILES PLANNING & ZONING ADMINISTRATOR CITY OF MERIDIAN 200 E CARLETON SUITE 201 MERIDIAN ID 83642 Re: Worcester Application for Conditional Use Permit Lot 3, Block 2 Railside Park Subdivision Dear Ms. Stiles: IVED APR 0 7 1999 CITY OF IVLERIDIAN PI.A:N,tiZ�'G & ZONING Railside Development, Inc. has entered into a Purchase and Sale Agreement providing for the purchase by Wes A. and Susan C. Worcester of Lot 3, Block 2 in Railside Park Subdivision. The Purchase and Sale transaction is contingent upon Worcester obtaining a Conditional Use Permit from the City of Boise. Railside Development, Inc. does hereby authorize Wes A. and Susan C. Worcester to take any and all action necessary to apply for and obtain a Conditional Use Permit on Lot 3, Block 2, Railside Park Subdivision, including signing of all applications and other documents required for the processing of the application. Should you need any further information please give me a call. Sincerely, RICHARD D. HEATON Secretary and General Counsel RDH/lo xc: Dave Williams - FAX TRANSMISSION - 376-2424 64- to el eb 64 41 9 a' go a 'a 14 7C. 1. A I. REAL ESTATE 0FNr:57 L,swIP, Aqn-.t N.1mo 14 's is 71 29 ro 32 J3 14 is 36 it 38 12 4C 41 46 0 44- So kNT REAL ESTATE ..E PtGREEMENT 902: Scir=K [Kornai j.7 2, "I INA 1.811 C'.•Irl;on. Ilia P4al Ir,41 !t'101% CoCont' or 'mcnalimW or 'lanitud dual atur,111: V 00,11t,it.okw acted Ila C 1— For 1h7 buy' Far din buyl $vIlaig liroxvt algal as 4-01 In t1l;g theto-jorIC I -F1 I"h(Itnt" or "nolor 'limited dual anoml: L;Virti banter *:ted C2 ...... Pot th; S-11; For Ilu, 9-334 Sollml; b,ok,,r a•; tad as Crl IM0, F)�rtv gigml,q III;% dwtv that An Lim! lZtLrjIt0,Ij I J Ilia Ationey O;WosLjr9 brtchurs and has ole:tud r. r"I.11 'Gneft;v- cunf.,mcd 0W%-tt, III A;.,4-)":4.811. It gunny was M300 VIJI1.3b:0 for imsectlaft and rode,VACH PaIllY VNCtA'STANI3'­(%JhT 11.'0."1 S14 IS JFNIaD illY A BROKER UNLESS THM IS A SMA VIAlt'%N AGrlHMC5-FFA RAQT.-��pv 3. veir161114111' called 42CC 19 r;.`q whq.!opwm,�,t; .1 1 . ....... 4tiat referred to as 'Proporty." 4, PROPERTY ADDRESS AN ). :.: -- Idaho lopl�e dootribad 3n* - C 'T. Vev 4*67,a S. —PRICE/lERN T V 1*.,.qh 0WIS VOYMIall, fFClVd;n2 urnost Man* dc;o- III III; paid 33 follows!— a) Buyar hv0by dettaoits el fii'!c rt #k ...... I s"p; ....... .. I viol.k ❑ KOto at DI Cwnoit 6toy to Do 1!)o W!d' 7. iNCLUDEOITENASi slid racewing equipmorn, attached pumb tbD I.qVf" j.QIIjh!ih0 flAWNIC, %k--V�144t .111110W C6.6tinGS. Q%%Cfi0f trQCS, plana Orubb ia, Iv.ro,ji apparemus wd 11,9h,'k.,. 4t$,�t:W jh+jgLch -:,alma 4nd 110402 SYSItmg. btrill-Ift 1114 *dr*P4n' (Of 1but wMeouling all wsl ;III. W any, water and water tights, and om and vIsly ditches and ditch lizhistw "Ibeirclutittlinthe umle, ollvw leg. ldOd N:!t.-:r% Ot;itu awns vat;cIllcully ilkclu—o 01,-:4Mar.1111�!-P.:&V-ill-- A. —fF XII- It..ms silwheally oxchX0 !f, IN (ZQ02 o vvn c I,- X. 5 of waive ON cond4lons sitaflor g*n%;AVIic14I 9. TITLE Cr• TA, any in mil-i4cd Talit Our-cv and ffiUvId ,f I ...... malom shoat loo:=Zile ks. Z Cat -1 party ar-gs to :2.; it, S�,Im.j !,4, to. TITLE IN$UFIANCE.-.._--.% Q.1,00 of Plirchal;or's r.11.411 P It I th 9 cy V, 'Munt r be al by�r Ti:IC C I. — SNP 13% r I., tilp tr•rgmt Buyer Mokes Written ob:04110flto the thf ,�,; 11 "locts of tW or provide 2(fiemsove Title frattalm co,,urolla. vVVY1 may alact. UI;iii t.*,,!ir,);!-(.ey.iq"i7;." .;"Ill..".Illlt.l;;A"..�'..�", f—jolocte A Stryat's axplIst, or proceed to 1:10:1181 Tok'no I::a subiLcl to such rtowro. if it! -'n- OpW I hceopled the condition of the title. In No ovent Stivae Antv to 0j 04-vur shall be ant;tlod to the fohim of all rolunt'd qQvC.M(A III -00 by htm but that :vm. .. ...... ..... j,'fing OV24bla to Guyur. ills line! yIC1 c 1. Is v1j,w;Q p"ll, V, pfjj; .1* 11.6orud 1. Jf t"j J",j allot cknirg. rr Iguyer 81'4:" et),': .•411,0. .,1:•.:1. "fe tutus pugs I of 2 Pages. N E'1.1 , C-;pvf,9M Ads CovrXjr or All r;ghts ra.ortod, ai C-116 V wvrm ' 2197 ,"c ' IDO 12, CLOSINGOAM Vveng Date ittewns the date art Ilhich Mt 13. PQSSESSiON,PSOPATICt.,,! Takes iffid .0", altotl;Moli !;,-.i lara Ma t, -91 MIA tolarve Oil 111011L -,!,;.spy the cot's Incirrad by Sollor's Broker an WWI 11ra" Mat if �;Ullor (11octs TO w-ltl t'; 0.1., solo afld OXCIUSIVO toMetilt. and Such 09:1 rat at cullf.1derod .1 INK, it,* cesig of tarokeragif too. title IMU12110, Oa�on Ices. likolocrarii loaf and 3% Ouyzr and Solar safe$ that In Olt PDX EARNEST MONEY DIS, y. 11,12sl mutL.al written insvilctions are M004 .1 .11., 1 h,-4. ancurk raiscus or duf0l"I approved by Built 17 RISK OF LOSS: Stlo,Od IN? PMWL0�`, !1-. t . .. 1.� . .— ... un;v!s euykw has taken p*SSOSSIOA :W;Of I Is. CONDITION OF PROPM06'41't CLIZ.,iios. 1—,— IV I. 4N H1 condition. Where Is. VvIth an faults. thoftr w 11'. s.104ifto in its prozont cartrit;0r, ordinary war gr INSPECTION: PRI1W he -4-7 !t;;,- w,% stalomonyt or fourikent4tions by the Pike ADDITIONAL PAOV'-Glt0,-- �4�1 '-I -.*f rw�,- I_.. ..,.I !i1slit Agroortiont, it any, art Method NMI � �lwth °^^..==~`...^^~~N-,-,_`—_--_' and Mmolljj!�' ^ m. ACosprxwCe avy"* to _,'~.,~~, a^ OTHER- " of guyor Ad^lin^~"w*w"ww' ~Buyer d. V1 X�z as all T Phone * v°° ~ ow.--~. °�.�- zip wit w^ Ratio to carry wit w the Wells � �°"�the pvt ofv~3w*p=full; �'��^n°.~°'~'~-''.°°"=°p=`~`,—~~~^~~- os ~ 0 S|GNATUns(S)� � Q����u �E-sxTrAowEmAQL)ENoVK4(S) .. 0 SEE ATTACHED cCu�o�����pw(o� `~' Staid- Zip d Hip ^^_______-___�^_--w~�-a���x��' "' - ~~~`----- � *m"p"mi=^ . `-^---_---' ~ — ' --__- --_-- ° - ~���^�� � - ' " . +*,.,p^,"nv ^ °�n°^if","°p"wu^"���~°'�^. ~.'~~wIna. All ~sawad. 0 N i • W+ E AERIAL MAP SMTEE COMMERCIAL COMPLEX S PINNACLE ENGINEERS, I NC. 870 N. LI NDER RD, STE B, MERIDIAN, ID 83642 Project # 096143 PH (208) 887-7760 FX (208) 887-7781 Date: 6121/99 •ouIesaauTsu3 1'v'—'1 d l` a.=1 NV, N 1 1/V 1 �'I� NNId x3_1dwo0 _1V10M3 V4 V 331NtY5 I aMg a � N J 1 1'I W I I II 6 1:1 I'41 • tii lu R A I� II I I I I I i J 1.1 t-1 i i i r l rn A iaaaas Null '--------- ----- bw {I e yl` �g6Awl i9 � g` f �¢ � • q U ��55 � 8�pll A� A—• 0 �o,� Y • n .q — IMoM—M-1 110 11 ,1 _21 I �1r\ ,•� (- , -I — 1% 110 11 _21 I ,•� (- , 1-\ 4 R�,LM s -F. APPLICATION COMMENT SHEET 6`Q��� Reviewed by: J56C Date: T/ tQ , / Applicant: WQ,ate. l Project: 47!Ga, Comments: I. IAG- .4- �a tK. 416 0 to -3 000 CITY OF MERIDIAN PRELIMINARY WILL NOT BEDVISION PLAT PKLIST ROCESSED INCOMPLETE APPLICATIONS APPLICATIONS MUST BE SUBMITTED THIRTY (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED P&Z MEETING. ITEM DESCRIPTION COMMENTS/DATE 1. Pre -application submittal meeting held 2. Thirty (30) copies of the completed and executed written application form 3. Proof of current ownership of the and consent hrt included in the preliminary p of recorded owners f 4. Name and address of party to receive billings/correspondence V $. Legal description of subdivision prepared and stamped by Registered Land Surveyor 6. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 3611, drawn to a scale suitable to insure clarity of all lines, dimensions and other data. Preliminary plats shall include: a. Proposed Subdivision Name ✓ b. Drafting date c. Sectional location of plat -County ✓ d. North arrow Scale of plat (not smaller than 1"=100') e. £ Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who ✓ prepared the preliminary plat; g. Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural) h. Sites proposed for parks, playgrounds, schools, churches or other public uses i. Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways; ✓ 0 PRELIMINARY PLAT CHECKLIST ITEM DESCRIPTION j. Lot lines and blocks showing scaled dimensions and numbers of each; k. Legend of symbols 1. Minimum residential house size m. Contour lines, shown at 5' intervals where land • Page 2 of 3 COMMENTS/DATE slope is greater than 10% and at 2' intervals where land slope is 10% or less, referenced to an established benchmark, including location and elevation; V./ n. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, streetlights, pressurized irrigation and their respective profiles o. Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such p. Master street drainage plan including method of disposal and approval from the affected drainage district q. Floodplain boundary as determined by FEMA or measures to amend this boundary r. Stub streets to provide access to adjacent undeveloped land or existing roadways (block lengths do not exceed 1,000') s. Cul-de-sac lengths not in excess of 450' 7. A statement as to whether or not a variance will be requested with respect to any provision of the Ordinance describing the particular provision, the variance requested, and the reason therefor ✓ 8. A statement of development features 9. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger 1 holding intended for subsequent development `\ \ A PRELIMINARY PLAT CHECKLIST ITEM DESCRIPTION 10. Thirty (30) copies of a vicinity map showing a minimum 1/2 -mile radius from exterior boundaries of plat, including land use and existing zoning of proposed subdivision and adjacent land (scale optional) Page 3 of 3 COMMENTS/DATE 11. Thirty (30) copies of a 1 "=300' scale map on 8 %Z" x 11" paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, with the layout of the proposed development / in bold outline. Request list of property owners within 300' of property seven (7) days prior to submitting application. 12. A statement of traffic impact on existing adjacent / roadways and intersections 13. Four (4) sets of conceptual engineering plans, including respective profiles 14. Fee Paid - $300.00 + d'k Lots @ $10.00/Lot /S certified mailings @ $1.73/mailing x 2 5-"o ar S( . as 15. Proposed restrictive covenants and/or deed restrictions 16. A site report for establishment of the highest seasonal groundwater elevation 17. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council REVIEW BY: Shari Stiles Planning & ZoningAministrator Gary D Smith, P E City Engineer APPLICATION ACCEPTANCE DATE: IAz • FARRINGTON OPAL C TRUST FARRINGTON OPAL C TRUSTEE 1180 E PINE AVE MERIDIAN ID 83642-5936 1130 E PINE AVE 1180 E PINE AVE NICHOLS JEFFREY L 1210 E PINE AVE MERIDIAN ID 83642 MICHALSCHECK DEAN E & SANDRA M 2410 SPRINGWOOD DR MERIDIAN ID 83642-6228 1350 E PINE AVE SCARPELLA JEFF L 2011 N EAGLE CREEK WAY EAGLE ID 83616 922 N SCRIVNER WAY JOHNSON BRIAN ROSS & KELLI L 910 N SCRIVNER WAY MERIDIAN ID 83642-4027 CZARNECKI CHERYL A 907 N RALSTIN PL MERIDIAN ID 83642-4026 COLLINS RICHARD H & FRANCES E 1125 E PINE AVE MERIDIAN ID 83642-5955 BEDELCO INC 1001 E PINE AVE MERIDIAN ID 83642 1125 E PINE AVE RAILSIDE DEVELOPMENT INC 4414 GEKELER LN BOISE ID 83716-5240 N RALSTIN PL 763 N RALSTIN ST 701 N RALSTIN ST 700 N RALSTIN ST E COMMERCIAL AVE �5-ANVc--c� WINCHES PLUS INC 1335 E MCMILLAN RD MERIDIAN ID 83642 760 N RALSTIN ST ARTCOLLC 5907 LUBKIN ST BOISE ID 83704 649 N RALSTIN ST BUSHMAN EMMET P & HEATHER AND HOFF RONALD L & ANGELA PO BOX 190587 BOISE ID 83719 650 N RALSTIN ST HIGH BRIDGE L C 4445 LINDA VISTA LN BOISE ID 83704 1380 E COMMERCIAL AVE UNITED ASSOC OF JOURNEYMAN AND APPRENTICE OF THE PLUMBING 575 N RALSTIN ST #A MERIDIAN ID 83642 WILLIAMS DAVID R & WILLIAMS CAROL A 4124 WESTVIEW WAY BOISE ID 83704 1530 E COMMERCIAL AVE TTI P� • II 1 11 1 1 1 • u W — a a o O U W O d x �o� LL IPA w cm O W � _ o O P � - o _ m 0 0 M Engineers, Inc. 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 �' - TO: b / -G WE ARE SENDING YOU ❑ Shop drawings ❑ 11 x 17 Drawing(s) ❑ Copy of letter 1 0 LETTER OF TRANSMITTAL )�'-Attached oma§r separate cover via Blueprints ❑ Sepias/Vellums ❑ Calculations ❑ Specifications ❑ 3 1/2" disk ❑ Mylar/Ammonia Mylar ❑ Field Report ❑ Change Order ❑ the following items ❑ 8-1/2 x 11 Drawing(s) COPIES DATE REV. NO. DESCRIPTION Q 7 in . x A %/ ° 1't .7S D FkA i / tv -7/1 122o KN61^,E-V Xt V r N .�kgoAG(E A�✓✓ Es . (.� THESE ARE TRANSMITTED as checked below: ❑ For review ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ No exceptions taken ❑ Resubmit copies for approval ❑ Make corrections noted ❑ Submit copies for distribution ❑ Revise and Resubmit ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: 7 / X F 99 /!3 SIGNED: so I W 0 71 O K �o Date ti LOrder Name r 1 _ � r A O O r m a)m>m O ■. • minor* Phone: 0 M 8. 0 v ZCj) O C.p.D. D E S ' o lm D3 1195 � MM O O . r 1.`73 x Z W W O r � w 27 lit - rf N O 1.. o W N 25 0 o vl z JaN _A N Bill 40 CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 stnmar'c No. Date LOrder Name 1 Add ress Phone: SOLD BY r CASH P. P C.p.D. D E S ' CHARGE ON ACCT. MDSE. RETD. PAID OUT C R I P T 1 r s X30 r 1195 e4- mailinc . r 1.`73 x Z 5 1:90 27 5 rf rwt lin S i t j.73 25 lq5 All claims and returned goods MUST be.accompanied by this bill. TAX 0009291 Received By 59_ TOTAL gbZ �5 GS -202-2 WES WORCESTER 92-7014/3241 1123 SANTEE CONSTR 0080030137 10065 WESTVIEW DR. PH. 371-7613 Cj BOISE, ID 83704 DATE PAY TO THE JI/ �I ORDER F /S $�. ��OQ of 3I LARS oamua��. gEfkxM Federal Lin Y48 5000 MEMO _— —__ _ ►/ 1: 3 24 1 70 11,01: 00800 301 3 7►I'_-.__1 13 FARRINGTON, OPAL 1180 E. PINE AVENUE MERIDIAN, ID 83642 SCARPELLA, JEFF 2011 N. EAGLE CREEK EAGLE, ID 83616 COLLINS, RICHARD 1125 E. PINE AVENUE MERIDIAN, ID 83642 NICHOLS, JEFFREY 1210 E. PINE AVENUE MERIDIAN, ID 83642 JOHNSON, BRIAN & KELLI WAY 910 N. SCRIVNER WAY MERIDIAN, ID 83642 WINCHES PLUS, INC. 1335 E. MCMILLAN ROAD MERIDIAN, ID 83642 BEDELCO, INC. 1001 E. PINE AVENUE MERIDIAN, ID 83642 ARTCO, LLC 5907 LUBKIN STREET BOISE, ID 83704 MICHALSCHECK, DEAN 2410 SPRINGWOOD DRIVE MERIDIAN, ID 83642 CZARNECKI, CHERYL 907 N. RALSTIN PLACE MERIDIAN, ID 83642 RAILSIDE DEVELOPMENT INC 4414 GEKELER LANE BOISE, ID 83716 BUSHMAN, EMMET HOFF, RONALD P.O. BOX 190587 BOISE, ID 83719 HIGH BRIDGE, LC UNITED ASSOC OF WILLIAMS, DAVID 4445 LINDA VISTA LANE JOURNEYMAN 4124 WESTVIEW WAY BOISE, ID 83704 575 N. RALSTIN, STE#A BOISE, ID 83704 MERIDIAN, ID 83642 • DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEE COMMERCIAL COMPLEX THIS DECLARATION is made on the date hereinafter set forth by SWCR, INC., an Idaho corporation, hereinafter referred to as the "Declarant"; RECITALS: WHEREAS, the Declarant is the Owner of certain real property situate in the City of Meridian, County of Ada, State of Idaho, which property is more particularly described as: Lot 3, Block 2 of Ralston Industrial Park Subdivision as the same is reflected on the Plat thereof in the records of Ada County, Idaho. and which real property is hereinafter referred to as the "Property." NOW, THEREFORE, Declarant hereby declares that the Property shall hereafter be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which { are for the purpose of protecting the value and desirability of, 1 and which shall run with and bind, the Property and each and every part, parcel, and Lot thereof. These easements, restrictions, covenants, and conditions shall be binding upon all parties hereafter having any right, title, or interest in the Property or DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 1. R f . • any part, parcel, or Lot thereof, and upon their heirs, successors, and assigns. These easements, restrictions, covenants, and conditions shall also inure to the benefit of each present and future Owner of the Property and/or the Owner of any part, parcel or Lot thereof. Notwithstanding the foregoing, pursuant to Section 55-1504(b) of the Idaho Code, Declarant expressly declares that the provisions of Title 55, Chapter 15 of the Idaho Code shall not be applicable to this project. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to SANTEE COMMERCIAL COMPLEX ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, or any successor or assign of the Association. Section 2. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract purchasers, but excluding those parties having an interest merely as security for the performance of an obligation. Section 3. "Property" shall mean and refer to the real property constituting the SANTEE COMMERCIAL COMPLEX according to the official recorded plat thereof, and every part, parcel, and Lot thereof, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration of DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 2. Covenants, Conditions, and Restrictions by any Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. Section 4. "Common Area" shall mean and refer to any area of SANTEE COMMERCIAL COMPLEX which has been, or hereafter is, designated as Common Area on the final plat of the Complex, to any property owned by the Association, and to any Lot or parcel designated as Common Area in any Supplemental Declaration filed by Declarant or the Association subjecting additional real property to this Declaration. Subject to the provisions hereof, said areas are intended to be devoted to the common benefit, use, and enjoyment of the Owners and are not dedicated to the public. Section 5. "Common Facilities" shall mean and refer to those physical improvements constructed by Declarant or the Association upon the Common Area or upon the utility easements over each Lot, including the sidewalks, curbs and gutters, street lights, the water system, and/or the irrigation water system placed thereon. Section 6. "Lot" shall mean and refer to all lots within and shown upon the official recorded plat of the SANTEE COMMERCIAL COMPLEX, except for the Common Areas, and except for streets dedicated to the public, as shown upon the recorded plat. Section 7. "Declarant" shall mean and refer to SWCR, INC., an Idaho corporation, its successors and assigns, provided that, such successors or assigns have acquired more than two (2) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 3. Lots and that such Lots constitute the entire remainder of unconveyed Lots owned by Declarant. Section 8. "Project" shall mean and refer to the Property and all contemplated improvements thereto. Section 9. "Annexed Property" shall mean and refer to any real property which may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. Section 10. Whenever the context so requires, the use of the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. ARTICLE II SANTEE COMMERCIAL COMPLEX OWNERS ASSOCIATION Section 1. It is contemplated that simultaneously with the execution and recordation of this Declaration of Covenants, Conditions, and Restrictions (the "Declaration"), the Association will be incorporated and the Association will adopt ByLaws (the "ByLaws") for its governance. Section 2. To the extent the Articles of Incorporation or ByLaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 4. T ARTICLE III PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulations covering the use and access to such areas and facilities as may be adopted by the Association. Said rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association shall have the right to charge reasonable admission and/or other fees for the use of any Common Facility; (b) The Association shall have the right to suspend the voting rights and the right to use the Common Areas of any Owner for any period during which any assessment against the Owner's Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations; and (c) The Association shall have the right to dedicate or transfer all or any part of the Common Areas or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - S. shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members of the Association has been recorded. Section 2. Declaration of Use. Any Owner may delegate his or her right to the enjoyment of the Common Areas and Common Facilities to his or her tenants, or to the contract purchasers of his or her Lot, provided such designees occupy the Property and agree to be bound by the rules and regulations of the Association. Section 3. Parking Rights. All parking areas established within the Common Areas shall be governed by the provisions of Section 21, Article V, below. Section 4. Responsibility for Maintenance. The Association shall provide maintenance to the Common Areas and the improvements thereon. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, or his or her guests, or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his or her Unit. In the event of damage to, or the destruction of, a Unit by fire or other casualty, the Owner must complete repair and/or replacement of the Unit within ninety (90) days of said damage or destruction. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 6. ARTICLE IV RIGHTS RESERVED BY DECLARANT Section 1. Notwithstanding anything to the contrary contained in this Declaration, the Declarant expressly reserves unto: (a) Itself, its employees, successors and assigns, its agents, representatives, contractors and their employees, all necessary or convenient easements and rights-of-way on, over, and across all or any part of the streets of the Complex for vehicular and pedestrian ingress and egress to and from any part of the Property, or to and from any adjacent real property owned by Declarant, or its successors or assigns; (b) Itself, its successors and assigns (including any district, company or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), all necessary or convenient easements on, over, under, and across all or part of the Common Areas, together with the utility easements as provided on the recorded subdivision plat of the SANTEE COMMERCIAL COMPLEX and any subsequent subdivision plat of Annexed Property, for the installation, use, maintenance, and repair of all lines, wires, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 7. pipes, and all other things necessary for all such services, provided that any such lines, wires, or pipes shall be underground and further provided that all work done in connection therewith shall be performed with reasonable care and that the surface of said easement areas shall, within thirty (30) days following the completion of such work, be restored to the level and condition that existed prior to the doing of such work; and (c) Itself, its employees, successors, assigns, agents, representatives, contractors, and their employees the right to use the Common Areas, where. applicable, to facilitate and complete the development of the Property and any Annexed Property, including without limitation the use of the Common Areas, where applicable for: (1) Construction, excavation, grading, landscaping, parking, and/or storage; (2) The maintenance and operation of a sales office and model units for sales purposes; (3) The showing to potential purchasers of any unsold Lot, unit, or improvements within the Project; and/or DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - S. (4) The display of signs to aid in the sale of any unsold Lots and units or all or part of the Project. ARTICLE V USE AND BUILDING RESTRICTIONS Section 1. Building Restrictions. Each Lot shall be restricted to one commercial office/warehouse operation. No structure shall be erected upon any Lot which shall exceed feet in height. All buildings shall be of frame, stone, or brick construction and, if other than brick or stone, shall be finished, painted, and kept in good repair. The size, configuration, style and finish of each proposed building or structure on each Lot shall be subject to architectural and aesthetic control pursuant to Section 17 of this Article V and pursuant to Article VIII hereof. Each lot shall be used only in such manner as will be inoffensive to any other property Owners in the Project. Section 2. Minimum Building Size. Each structure erected upon a Lot shall satisfy the minimum floor area requirements of the Architectural Control Committee established in accordance with the provisions of Article VIII hereof, provided, however. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 9. f • • Section 3. Hirth Pile Storage Prohibitted. Storage of combustible materials in any unit over eight feet (8' ) in height as measured from the concrete floor shall be prohibitted at all times. Section 4. Building Site. A building site shall consist of at least one (1) Lot or a parcel composed of more than one Lot. Section 5. Moving of Buildings; Construction of Outbuildings. No buildings or structures shall be moved onto the Property except a new prefabricated structure of a type and design approved by the Architectural Control Committee. No travel trailer or similar mobile unit designed for overnight accommodation shall be parked in any street or within any Lot's building setback lines. No trailer, tent, shack, garage, barn, or other out -building erected on a Lot shall at any time be used as a residence, temporarily or permanently. Notwithstanding the foregoing restrictions, a portable construction office may be placed upon any Lot during the period during which construction of a unit thereon is in progress, provided that such office may not remain or be kept upon such Lot for more than six (6) months. In addition, a temporary sales office of a portable nature may be placed upon a Lot by Declarant to facilitate Lot sales. Section 6. Prosecution of Construction Work. The c6nstruction of all units and associated structures shall be prosecuted diligently and continuously from the time of the commencement thereof until such unit or associated structure is fully completed and painted. All structures shall be completed as DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 10. to external appearance, including finished painting, within six (6) months from the date of the commencement of construction, unless prevented by causes beyond the control of the Owner or builder and then only for such extended time as that cause continues. Section 7. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in a Lot nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 8. Excavation. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a Lot unless such excavation is necessary in connection with the construction of an approved structure thereon or in connection with the making of other improvements thereon which improvements have been approved by the Architectural Control Committee. Section 9. Unsightly Structures or Practices. No unsightliness shall be permitted on any Lot. Without limiting the generality of the foregoing, all unsightly facilities, equipment, or structures shall be enclosed within approved structures or appropriately screened from view. All refuse, garbage, and trash shall be kept at all times in covered containers which containers shall be kept and maintained within an enclosed structure or in an area appropriately screened from view except when necessarily DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 11. placed for pickup by garbage removal services. Storage piles shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot. Section 10. Vehicle and Equipment Parking. No trucks, automobiles, campers, recreational vehicles, trailers, boats, motorcycles, snowmobiles, snow removal equipment, golf carts, or similar equipment or vehicles, shall be kept or stored upon a Lot except within the interior of the Owner's Unit. Such vehicles or equipment shall not be parked on any street, nor shall they be parked or stored in the Common Area for more than twenty-four (24) consecutive hours. Section 11. Material Storage. No building material of any kind shall be placed or stored upon a building site until the Lot Owner or his builder is ready and able to commence construction and then such material shall be placed within the property setback lines of the building site upon which the structure is to be erected. The Architectural Control Committee and/or the Association (through its agents) shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth, or refuse. Section 12. Hazardous Materials. At no time shall any Owner permit the storage within any unit of hazardous materials exceeding the amounts specified on Table 3-D of the Uniform Building Code from time to time applicable to the Project. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 12. 0 • Section 13. Noxious Use of Property. Noxious or undesirable acts or the undesirable use of any portion of the Property including (but not limited to) acts or uses causing loud noise which interferes with the peaceable enjoyment of neighboring units or properties is prohibited and shall not be permitted or maintained. Section 14. Billboards; Signs. No sign of any kind shall be displayed to the public view on any Lot except for signs which have previously been approved by the Architectural Control Committee.and which comply with all applicable city, county, state, federal and/or other sign regulations. The Association may maintain one (1) or more complex identification signs and appropriate informational signs upon the Common Areas, such signs to be of a size and design approved by the Architectural Control Committee. The Association may also place parking signage pursuant to Article V, Section 21, below. Notwithstanding the provisions of this Section 14, Declarant shall be entitled to place such signs, of such size, as Declarant may deem appropriate, to identify the Project, to relate information with regard thereto, and to advertise Lots for sale. Section 15. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot. Section 16. Exterior Antennas. No outside television antennas, radio aerials, or similar devices or structures shall be installed on any Lot or on the exterior of any structure located DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 13. thereon. Satellite dishes shall be permitted only if approved by the Architectural Control Committee and if located behind the front plane of the structure (toward the rear of the Lot) outside of any building site setbacks, and if appropriately screened from view from any direction. Section 17. Control of Exterior Walls, Roofs, Etc. The visual harmony and aesthetic appeal of the Project being of mutual concern to all Owners and having a direct bearing on the value of Lots and the improvements thereon, the Architectural Control Committee shall have the right to control the texture, design and color scheme of the outside walls and roofs of all structures erected upon any Lot. The Owner shall not repaint the outside walls without first obtaining approval of the Architectural Control Committee as to color. Section 18. Fire Protection Systems. Each Owner shall be responsible to install and maintain an approved fire suppression (sprinkler) system covering the Owner's entire Unit. Section 19. Exterior Lighting. No exterior lighting shall be installed or maintained on any Lot (or structure thereon) which interferes with the use and enjoyment of adjacent Lots or without the prior approval by the Architectural Control Committee of the proposed installation. Section 20. Sanitary Facilities. Prior to the occupancy of any structure thereon, each Lot shall either be connected to public sewer services. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 14. 1 Section 21. Perking Cross -Easements. Each Owner shall hold a non-exclusive cross -easement for parking purposes covering any and all undesignated parking areas which may exist within the Common Areas from time to time. Notwithstanding the foregoing, the Association shall assign each Unit two (2) parking spaces adjacent to that Unit and shall provide appropriate signage designating for which Unit such spaces are reserved. Section 22. Easement for Maintenance. The Association shall have a permanent easement to go upon the privately owned property of Owners in this complex to perform maintenance upon said property or upon any Common Areas, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and perimeter fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easements hereby reserved and all rights and privileges incident thereto, including the right from time to time to cut, trim, and remove tress, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance, and repair of utility service connections and drainage systems whether or not such conditions violate any of the foregoing sections. Section 23. Americans with Disabilities Act Compliance. It shall be the obligation of each Owner to ensure that the Owner's DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 15. I ■ unit shall comply with the provisions of the Americans With Disabilities Act (or any similar Act) from time to time applicable to the unit. It shall not be the responsibility of the Declarant to ensure such compliance. It shall be the responsibility of the Association to ensure that all Common Areas comply with the Act. ARTICLE VI ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. Section 2. The Association shall have two (2) classes of voting membership: Class A: The Class A members shall be all Owners, with the exception of the Declarant, during the period when the Declarant is a Class B member. After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised by the vote of the majority in interests of those holding interests in such jointly owned Lot, but in no event shall more than one (1) vote be cast with respect to any Lot. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 16. i Class B: The sole Class B member shall be the Declarant or the Declarants successor or assign. The Class B membership shall cease and be automatically converted to an appropriate number of Class A memberships (one Class A membership for each Lot owned) when the Declarant owns ten percent (10%) or less of all of the Lots which are part of the Property. Until that time, all Association matters shall be governed by the vote of the Class B member. Section 3. Until Declarant owns ten percent (10%) or less of all of the Lots which are part of the Property, only the Class B member shall be entitled to vote on Association matters. After Declarant no longer owns ten percent (10%) of such Lots, all Class A members (including Class A memberships resulting from the conversion of the Class B membership) shall be entitled to vote on Association matters. ARTICLE VII COVENANT FOR ASSESSMENTS Section 1. Creation of Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, and each Owner of any Lot by acceptance hereafter of a deed therefor, hereby covenants, and agrees to pay to the Association: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 17. (a) Annual assessments or charges (in such monthly or other installments as may be decided by the Directors of the Association); (b) Special assessments for capital improvements; and (c) Such assessments shall be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection, and reasonable attorneys' fees incurred in collection shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. Although the personal obligation for delinquent assessments shall not pass to an Owner's successors in title, all unpaid assessments shall constitute a continuing lien against the Lot until paid regardless of when the lien was created unless the new Owner obtained a certificate pursuant to Section 7 of this Article VII prior to taking title to said Lot. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, welfare, and economic well-being of the residents of the Project and for the improvement, operation, and maintenance of the Common Areas and Common Facilities. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 18. Section 3. Maximum Annual Assessment. Until the first of January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be $ per Lot. The annual assessments shall be made payable on a monthly basis unless the Board of Directors of the Association elects to cause such assessments to payable on some other basis. Increases in the amount of the annual assessment shall be limited as follows: (a) Each year, beginning with the calendar year beginning on the first day of January of the year immediately. following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment may be increased by action of the Board of Directors of the Association without a vote of the membership, by an amount of not more than the greater of fifteen percent (15%) or an amount equal to the percentage of any increase in the Consumers Price Index for All Urban Areas during the prior year; (b) For the calendar year beginning January 1 immediately following the year in which the conveyance of the first Lot to an Owner occurs, or any subsequent year, the maximum annual assessment may be increased more than the above-described amount only by an affirmative vote of two-thirds DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 19. . a r (2/3) of the votes of that class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any calendar year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of the class of members who are voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Ouorum for Authorized Action. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3(b) or 4 of this Article VII shall be sent to all members not less than ten (10) days, nor more than fifty (50) days, in advance of the meeting. At such meeting the presence of members in person or by written proxy entitled to cast fifty-one percent (51%) of all the votes of the voting class of membership shall constitute a quorum. If the required quorum is not present, the meeting shall be adjourned and rescheduled for a time and place not less than five (5) days nor more than thirty (30) days subsequent. Written notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 20. advance of the rescheduled meeting date. The required quorum at the subsequent meeting shall be satisfied by the presence in person or by written proxy of twenty-five percent (251%) of the voting class of membership. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots; provided, however, that assessments for Lots which have not been improved with a unit shall be assessed at one-half (1/2) of the assessment for Lots which have been improved with a unit when such structure is either occupied or substantially completed. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to each Lot on the first day of the month following the initial conveyance of that Lot by Declarant to a purchaser. The first annual assessment shall be adjusted (pro rata) according to the number of complete months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period; provided, however, that in the event of an assessment proposed in excess of the authority of the Board of Directors, the amount of such assessment in excess of the Board's authority shall not be effective until membership approval. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Director. The Association shall, upon demand and for a reasonable charge, furnish DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 21. • 0 a certificate signed by an officer of the Association setting forth whether the assessments on a-specifiedLot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum or at such other interest rate as may be established annually by the Board of Directors. Each assessment, when levied, shall automatically constitute a lien on and against the Lot to which the assessment pertains without any requirement of filing any documentation of such lien. Nonetheless, the Association may file an Affidavit of Lien evidencing such lien thirty (30) days after the due date of the assessment. The priority of such lien shall relate back to the date the assessment was first due. The recordation of this Declaration shall constitute constructive notice of such priority date. The Association may bring an action at law against the Owner personally obligated to pay the same, or it may foreclose the assessment lien against the Property in the same manner as provided by law as to statutory mechanics and materialmen's liens. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or by the abandonment of his or her Lot. DECLARATION OF COVENANTS# CONDITIONS, AND RESTRICTIONS - 22. Section 9. Subordination of the Lien to Deed of Trusts or Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any prior deed of trust or mortgage against the Lot. The sale or transfer of any Lot shall not affect the assessment lien. ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. In order to protect the quality and value of all units built in the Project and for the continued protection of the Owners thereof, an Architectural Control Committee, consisting of two (2) or more members to be appointed by the Declarant is hereby established. At such time as the number of Lots owned by Declarant (including Lots in any Annexed Property) totals ten percent (10%) or less of the total number of platted Lots, then the membership of the Architectural Control Committee shall be appointed by the Board of Directors of the Association, to succeed the prior committee membership upon such appointment. Section 2. ADDroval by Committee. No building, fence, wall, window awning, or other structure shall be commenced, erected, or maintained upon any Lot, the Common Areas, or other properties within the Project, nor shall any exterior addition to, or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 23. - location of the same, and such other details as the Architectural Control Committee may require -(including but not limited to any electrical, heating, cooling, sewage, or waste disposal systems) shall have been submitted to and approved in writing by the Architectural Control Committee. In the event said Committee fails to approve or disapprove in writing such plans, specifications, and location within thirty (30) days after said plans and specifications have been submitted to it in such form as may be required by the Committee, approval will not be required, and this Article will be deemed to have been fully satisfied. Section 3. Rules and Regulations. The Architectural Control Committee is hereby empowered to adopt rules to govern its procedures, including such rules as the Committee may deem appropriate and in keeping with the spirit of due process of law with regard to the right of concerned parties to be heard on any matter before the Committee. The Architectural Control Committee is further empowered to adopt such regulations with regard to matters subject to the Committee's approval, including matters of design, materials, and aesthetic interest, as it shall deem appropriate and consistent with this Declaration. Such rules, after adoption, shall be of the same force and effect as if set forth in full herein. Section 4. Fees. The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an Architectural review fee to be paid by each Owner submitting plans DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 24. (a) The Association; (b) The Declarant;- eclarant;- (c) (c) The Owner or Owners of any Lot adversely affected, but only after demand made upon the Association and its failure to act, except that no such Owner shall have the right to enforce independently of the Association any unpaid assessment or lien herein. Section 2. Methods of Enforcement. Subject to the provisions of Section 3 of this Article, the following methods of enforcement may be utilized: (a) Legal or equitable action for damages, injunction, abatement, specific performance, foreclosure, rescission, or cancellation of any contracts of an executory nature; and/or (b) Monetary penalties and temporary suspension from Association membership rights and privileges, in accordance with the Bylaws of the Association, provided that, except for late charges, interest, and other penalties for failure to pay as due the assessments levied by the Association as provided in this Declaration, no discipline or sanction shall be effective against a member unless: (i) The member is given fifteen (15) days written notice of the proposed disciplinary action and a timely opportunity to be heard on the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 26. matter. The opportunity to be heard may, at the election of such member, be oral or in writing. The notice shall be given personally to such member or sent by first-class or registered mail to the last address of such member as shown on the records of the Association, and shall state the place, date, and time of the hearing, which shall not be less than fifteen (15) days before the effective date of the proposed penalty, termination, or suspension; The hearing shall be conducted by a committee composed of not less than three (3) persons, appointed by the President of the Association, which shall conduct the hearing in good faith and in a fair and reasonable manner and shall not reach a decision regarding discipline until the conclusion of the meeting; and Any member challenging the disciplinary measures taken by the Board, including any claim alleging defective notice, must commence Court action within one (1) year after the date of the contested disciplinary measure taken by the Board. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 27. 0 Section 3. Limitation on Enforcement. All methods of enforcement and discipline authorized by this Declaration are limited as follows: (a) The Association may not cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his or her Lot on account of the failure of the Owner to comply with the provisions of this Declaration except by judgment of a Court or a decision arising out of arbitration or on account of a foreclosure for failure of the Owner to pay annual or special assessments duly levied by the Association; and (b) A monetary penalty imposed by the Association as a disciplinary measure for failure of a member to comply with the provisions of this Declaration or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Areas for which the member was allegedly responsible, or in bringing the member and his or her Lot into compliance with this Declaration, may be treated as an assessment which may become a lien against the members' Lot, enforceable by a sale of the interest. This provision applies to charges imposed against an Owner consisting of reasonable late payment DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 28. penalties for delinquent assessments and for charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent assessments. Section 4. Fees and Costs. The Association, or any person entitled to enforce any of the terms hereof by any of the means contained herein, who obtains a decree from any Court or arbitrator enforcing any of the provisions hereof, shall be entitled to reasonable attorneys' fees and all costs incurred or anticipated to be incurred in remedying or abating the offensive condition as a part of his, her, or its judgment or decree against the party in violation hereof. Section 5. Non -Liability for Enforcement or for Non - Enforcement. Neither the Architectural Control Committee nor the Association shall be liable to any person under any of these covenants for failure to enforce any of them, for personal injury, loss of life, damage to property, economic detriment, or for any other loss caused either by their enforcement or non -enforcement. Failure to enforce any of the covenants contained herein shall in no event be deemed a waiver of the right to do so thereafter. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 29. ARTICLE X PARTY WALLS Section 1. Planned Party Walls. It is anticipated that the Declarant or its successors or assigns shall construct multiple commercial units located upon the property. It is the Declarant's intention to create, in favor of each purchaser of such a unit, an easement covering party walls being placed on the Lot lines separating the Lots upon which the separate units are to be constructed. Section 2. Party Walls Declared. The dividing walls between the units are hereby declared to be party walls between the adjoining units erected on said premises. Section 3. Maintenance. The cost of maintaining each party wall shall be born equally by the owners on either side of said party wall. Section 4. Repair. In the event of damage to or destruction of, said party wall from any cause, other than the negligence of either party thereto, the then Owners shall, at joint expense, repair or rebuild said wall, and each party, his or her successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his or her share, or all of such cost in case of negligence, the other party may have DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 30. such wall repaired or restored and shall be entitled to have a mechanics lien on the premises of the party so failing to pay, for the amount of such defaulting partyrs share of the repair or replacement costs. Section 5. Access Rights. Either party shall have the right to break through the party wall for the purposes of repairing or restoring sewage, water, utilities, subject to the obligation to restore said wall to its previous structural condition at his or her own expense and the payment, to the adjoining owner of any damages negligently caused thereby. Section 6. Alteration Prohibitted. Neither party shall alter or change said party walls in any manner, interior decoration excepted, and said party wall shall always remain in the same location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located for party wall purposes. ARTICLE XI CONDEMNATION OF COMMON AREAS Section 1. Consequences of Condemnation. If at any time or times, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 31. Section 2. Proceeds. All compensation, damages, or other proceeds therefrom, the -sum of which is hereinafter called the "Condemnation Award," shall be payable to the Association. Section 3. Apportionment•. The Condemnation Award shall be apportioned among the Owners equally on a per -lot basis. The Association shall, as soon as practicable, determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be accounted for in separate shares, one share for each Lot. Each such -share shall remain in the name of the Association, and shall be further identified by Lot number and the name of the Owner thereof. From each separate share, the Association, as attorney-in-fact, shall use and disburse the total amount of such share, without contribution from one share to any other, first to Mortgagees and other lienors (including the Association) in the order of priority of their Mortgages and other liens, and the balance remaining to each respective Owner. The Association may hold said shares either in separate accounts or in a single account as the Board of Directors may determine. ARTICLE XII GENERAL PROVISIONS Section 1. Severability. The invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions hereof, which shall remain in full force and effect to the maximum extent possible. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 32. Section 2. Term: Exte DAion. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless a document terminating the .covenants and restrictions of this Declaration, signed by seventy-five percent (75%) of all Owners, duly acknowledged as to each executing Owner, is recorded in the official records of Ada County, Idaho. Section 3. Amendment. This Declaration may be amended during the first twenty (20) year period by an instrument signed and acknowledged by the Owners of not less than ninety percent (90%) of the Lots subject to this Declaration and thereafter by an instrument signed and acknowledged by the Owners of not less than seventy-five percent (75%) of the Lots subject to this Declaration. Section 4. Conveyance of Common Areas. The Common Areas shall be conveyed by Declarant to the Association on or before the tenth (10th) day after conveyance of the first Lot in the Project. Until the Common Areas have been conveyed to the Association, Declarant shall be solely responsible for the maintenance and management thereof and for all costs and expenses arising therefrom. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 33. IN WITNESS WHEREOF, the undersigned, being the President of the Declarant herein, has hereunto set its hand and seal this day of , 1993. SWCR, INC., Declarant By LARRY M. TAYLOR, President STATE OF IDAHO ) County of Ada )ss. On this day of notary public in and for said state 1999, before me a LARY M. TAYLOR known or identified to me to be the Pr sid tpof SWCR, eared Inc., the corporation that executed the within instrument, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My commission expires: 4516A^01.PO3 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 34. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No. PP -99-013 REQUEST FOR PRELIMINARY ) PLAT FOR RAILSIDE PARK ) FINDINGS OF FACT AND SUBDIVISION BY PINNACLE ) CONCLUSIONS OF LAW AND ENGINEERS FOR SANTEE ) ORDER OF CONDITIONAL CONSTRUCTION ) APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 21, 1999, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, City Engineer, appeared and testified at the hearing, and appearing and testifying on behalf of the Applicant was Bob Unger of Pinnacle Engineers, Inc., and no one appeared and testified in opposition of the application, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing, SANTEE COMMERCIAL COMPLEX PRELIMINARY PLAT, WES WORCHESTER PINNACLE ENGINEERS, INC., dated: 07-01-99, DRAWN BY: RGS, CHECI(ED BY: J.G. CARPENTER, P.E., PROJECT NO. C996143, SHEET PP -1, submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - I s a preliminary plat approval and which preliminary plat for approval application is herein received and adjudgedY b the City Council pursuant to Section 11-9-604, Council makes the Municipal Code of the City of Meridian. Therefore the Cit Y following findings: FINDINGS OF FACT he osed development is in conformance with the 1. That t pro P Comprehensive Plan by reason of the fact that it lies within the existing Urban Area idian Comprehensive Plan Generalized Land Use Map, as defined in the Mer ted December cture Planning Analysis Comprehensive Plan and Map, ado P Infrastru is resently zoned (1-L) Light Industrial, and requires 21, 1993, the proper t y p connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(14), Municipal Code of the City of Meridian.] Plan 2. preliminary reliminary plat is in conformance with the Comprehensive n ado ted December 21, 1993, Ordinance No. 629. City of Mentha P is a roximately 2. 10 acres in size. The property is 3. The property PP generally located west of Rat ston Street, 500 feet south of Pine Street in Meridian, Idaho. 4. The owner of record of the subject property is Railside Development, Inc. of 4414 Gelceler Lane, Boise, Idaho. OF FINDINGS OF FACT AND APPROVAL OP W AND ORDER OF CONDITIONALONDIVISI PRELIMINARY PLAT -RAILSIDE AKIN- S CONSTRUCTION FOR BY PINNACLE ENGINEERS F OR SA -2 5 , The Applicant is Pinnacle Engineers, Inc. for Santee Construction, of 870 N. Linder Road, Suite B, Meridian, Idaho. 1 The 6. The subject property is currently zoned Light Industrial (I -L) zoning of I L is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(14). subject property is within the city limits of the City of Meridian. 7. The P g, It is determined that Urban Services are readily available to osed development if the plat complies with the requirements accommodate the pro p and conditions hereinafter set forth as conditions of preliminary plat approval. osed development is a continuity of the proposed development g. The prop ' Ca ital Improvement Program and if the conditions which are within the City s P requested by the Planning annin and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. develo ment if built in accordance with the conditions and as 10. The P proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 11. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval FINDINGS OF FACT ANDCONCLUSIONS OF APPROVAL OF W AND ORDER OF CONDITIONAL IDE PARK SUBDIVISION PRELIMINARY PLAT -QFOR SANTE CONSTRUCTION FOR - 3 BY PINNACLE ENGINEERS of the preliminary plat as hereinafter set forth. a licant has submitted for consideration of this approval drawing 13. The pp t herein designated as: ,'SANTEE COMMERCIAL COMPLEX of the preliminary pla PRELIMINARY PLAT, WES WORCHESTER PINNACLE ENGINEERS, INC., dated: 07-01-99, DRAWN BY: RGS, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C996143, SHEET PP -1 for Railside Parlc Subdivision". 14. The Administrator has accepted the application for Preliminary Plat as required in § 11-9-604(C)(8), and reported on the status of the application. DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 1 Code of the City of Meridian and based upon the above and 604E of the Municipa foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1, The Preliminary Plat of the applicant as evidenced by,, SANTEE COMMERCIAL COMPLEX PRELIMINARY PLAT' WES WORCHESTER PINNACLE ENGINEERS, INC., dated: 07-01-99, DRAWN BY: RGS, CHECKED TER P.E., PROJECT NO. C996143, SHEET PP -1 for Railside BY: J.G. CARPEN , Park Subdivision", is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: FINDINGS OF FACT AND CONCLUSIONS S O LAW AND ORDER OF CONDITIONAL AP PRELIMINARY PLAT -RAILS FOR SANTEE CONSTRUCTION IDE PARK SUBDIVISION - 4 BY PINNACLE ENGIN Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Applicant shall coordinate with Meridian Fire Department for the C. drant. possible addition of a re hy Adopt the Central District Health Department's Recommendations as follows: PP 2.3 The A licant's central sewage and central waa r plans of must be & submitted to and approved bthe daho Quaityp Welfare, Division of Environmental 2.4 Run-off is not to create a mosquito breeding problem. or to 2.5 Stor mwater shall be pretreated through a grassy swag drsurfacedischarge to the subsurface to prevent impact to groundwater 2.1 2.2 quality. The En ineers and architects involved with the act ices for stormwater sign of the subject 2.6 g project shall obtain current best management p disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Ada County Highway District's Recommendations as follows: 2.7 A driveway wa shall be located approximately 100 -feet north of the to southt property line and shall be paved its e olf t e pavdement. and at least 30 -feet beyond the g proposed gated entry shall be located a minimum coordinated of 50 -feet owith 2.8 any P P public road. The location of any gated entry shall ACRD District staff. reement among the internal lots shall be coordinated 2.9 A cross access a $ FINDINGS OF FACT AND OCONCLUSIONS PROVAL OF AND ORDER OF CON PRELIMINARY PLAT "RERS OR SANTE CONSTRUCTION FOR - 5 BY PINNACLE ENGINE for access to the public street system. q 2.10 As re uired by District policy, restrictions on the width, d, number this locations of driveways, shall be placed on futuredevelopment parcel. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: A detailed landscape and fencing plan shall be provided eor review of credit and approval with submittal of final plat Pntsat ° to signature on the cash will be required for the impr Prior final plat. the Permanent perimeter fencing is required to be in place t along letter exterior subdivision boundary prior to ndininwill bereq building pd for this item prior credit, cash, or appropriate bonding to signature on the final plat. Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sanitary sewer service to this site will be via an extension Park from p he existing mainline installed as p hRn sizing g and routing with the Subdivision designer shall coordinate ma Public Works Department. 2.11 2.12 2.13 2.14 fton, the existing 2.15 Water service to this site will be via an exte lc1Ode elo ment Subdivision mainline installed as part of the Railside Par designer shall coordinate routing with the Public Worlcs Department. 2.16 All street signs, road base, street lights, prrantsiZ encing, if required, domestic water system (activated fire hydrants), and f are to be installed prior to obtaining building permits. 2.17 A licant shall provide verified approvals from Ada of unty Higof on- Disstrict and Meridian City -Rural Fire District o ion site driveways and turnarounds. FINDINGS OF FACT N D ICONCLUSIONS ONAL p SpROVAL OF AND ORDER OF CONDITIONAL PRELIMINARY PLAT " FOR SANTEESIDE PARK C ONST UCTION FOR -6 BY PINNACLE ENGINEERS 2.18 Assessment fees for water and sewer service are determined during the building plan review process. 2 19 Sig nage details shall be submitted for location and dRag a subject to design review. Staff recommend monument sig ns inar Subdivision. Sign needs to be placed outside of sight triangle. 2.Y 20 An existing irrigation/drainage ditches crossing de property t 6 5.M. Ordinance in this project, shall ou d be shown on the site plans. Plans will The ditches to be piped sh need to be approved by the appropriate irrigation/drainage ton eriot,or lateral users association, with ain/ of said approval submitted to the Public Works written confirmation 2.21 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic no service Cc purity poses such as Section 5-7-517. Wells may be used for landscape irrigation. 2.22 Off-street parking shall be provided in accordance with Sectio n 11-2- /or 414 of the City of Meridian Zoning and Development as detailed in site-specific requirements.\ Paving and striping shall be in accordance with the standards n a ds set forth 2.23 P g y an in Sections 11-2-414.D.4 and 1 an e and in accordance with Americans Zoning and Development Ordinance with Disabilities Act (ADA) requirements. 2.24 A drainage plan designed by a State of Idaho license e Cay chiteceo(Ord. engineer is required and shall be submit 557 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. ect 2.25 Outside lighting shall be designed and placed so as aot t d it e with illumination on any nearby residential area City Ordinance Section 11-2-414.D.3. g 2.26 nag All signage shall be in accordance with the standards set forth in Section ONS OF FINDINGS OF FACT AND ANAL �PROVAL OF AND ORDER OF CO PRELIMINARY PLAT -SFDOR S�TEE ONSTRUCTIO( SUBDIVISION N FOR -7 BY PINNACLE ENGINEERS 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.27 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.28 Provide the Public Works Department with information oanticipFlow ated fire flow and domestic water requirements for the proposed and pressure from the existing mains should hether adeqube dwith ate firehe Meridian Water Department to determine protection exists. 2.29 Calculations must be provided to P&Z staff showing total square footage of asphalt and demonstrate compliance with one, 3" caliper tree per 1,500 s.f of asphalt. Landscape plan is not to be revised without prior written approval of the Planning & Zoning department. 2.30 Locations and construction requirements trash o of enclosure shall be coordinated with Sanitary Services, Inc., and their office shall be provided prior to applying for building permits. 2.31 A letter of approval from Ada County Highway yissDistrict ance f Certificate e of provided with submittal of site plan prior Zoning Compliance. 2.32 All outdoor storage of equipment and material shall be enclosed with a screening fence. 2.33 Applicant shall be required to make application a flood heplaMeridian Building Department for development within B action of the Cit Council at its regular meeting held on the =day of 1999. By: 4RRZTD. YC Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 8 CoPY served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: By: City Cleric msg/Z:\Work\M\Meridian 15360M\Railside Park\PPFUsDecOId Apt11I1f11 Ullf��',✓ , O ORATE "� '•. SEAL - 1 tfilIIIZ{tli1��� FINDINGS OF FACONDICT ANT OO NCLUSIONS AL APPROVAL OF OF AND ORDER O PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 9 i E :.Mail::wfgMWPPmg.Com 11OpY NAMPA OFFICE 1049"' AVE. S. POST OFFICE BOX 247 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-1405 PLEASE REPLY TO MERIDIAN OFFICE September 27, 1999 d- NA --fly �c'- l ) 1`L" William G. Berg, Jr. Meridian City Cleric 33 E. Idaho Meridian, ID 83642 RE: RAILSIDE PARK SUBDIVISION BY: PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION/ CASE NO. PP -99-013 Dear Will: Pursuant to Citv Council action of September rel ininary P9at in the application, 1 have prepared eof Findings and Order of Conditional Appro� al of P Pinnacle Engineers for Santee Construction, regarding the above matter. This document is now ready for the Mayor's signature and after the ivlayor's signature has been secured, and the City Cleric's signature secured, the original should be retained and by the City Cleric. Copies should be served upon the CirvpAttorneveasldesignated licant, thby Zoning Department, Public Works Department an the City Cleric's signature. If you need further assistance by this office, please advise. Very truly igray, III Enclosure msg!Z 1,NVork\M\Meridian 15360M\Railside Park\ClerkPP.ltr WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSIVORTH KATHY J. EDWARDS 200 EAST CARLTON AVENUE, SUITE 31 JULIE KLEIN FISCHER POST OFFICE BOX 1 150 WM. F. GIGRAY, III IDAHO 83680-1150 D. SAMUEL JOHNSON MERIDIAN, WILLIAM A. MORROW CHRISTOPHER S. NYE TEL (208)288--7499 PHILIP A. PETERSON FAX (208) 288-2501 STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE E :.Mail::wfgMWPPmg.Com 11OpY NAMPA OFFICE 1049"' AVE. S. POST OFFICE BOX 247 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-1405 PLEASE REPLY TO MERIDIAN OFFICE September 27, 1999 d- NA --fly �c'- l ) 1`L" William G. Berg, Jr. Meridian City Cleric 33 E. Idaho Meridian, ID 83642 RE: RAILSIDE PARK SUBDIVISION BY: PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION/ CASE NO. PP -99-013 Dear Will: Pursuant to Citv Council action of September rel ininary P9at in the application, 1 have prepared eof Findings and Order of Conditional Appro� al of P Pinnacle Engineers for Santee Construction, regarding the above matter. This document is now ready for the Mayor's signature and after the ivlayor's signature has been secured, and the City Cleric's signature secured, the original should be retained and by the City Cleric. Copies should be served upon the CirvpAttorneveasldesignated licant, thby Zoning Department, Public Works Department an the City Cleric's signature. If you need further assistance by this office, please advise. Very truly igray, III Enclosure msg!Z 1,NVork\M\Meridian 15360M\Railside Park\ClerkPP.ltr 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH KATHY J.EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCER. WHITE William G. Berg, Jr. Meridian City Cleric 33 E. Idaho Meridian, ID 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-2501 E -Mail:: W fgrawppmg.com September 27, 1999 NAMPA OFFICE I04 9T" AVE. S. POST OFFICE BOX 247 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE FCENED SEP 2 9 1999 CITY OF N "a�MAN RE: RAILSIDE PARK SUBDIVISION BY: PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION/ CASE NO. PP -99-013 Dear Will: Pursuant to City Council action of September 21, 1999, I have prepared the Findings and Order of Conditional Approval of Preliminaryin the application of Pinnacle Engineers for Santee Construction, regarding the above his document is now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and Zoning Department, Public Works Department and City Attorney, as designated by the City Cleric's signature. If you need further assistance by this office, please advise. Very truly Enclosure msg/Z:\Work\M\Meridian 15360M\Railside Park\C1er1,PP.1tr BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No. PP -99-013 REQUEST FOR PRELIMINARY ) PLAT FOR RAILSIDE PARD ) FINDINGS OF FACT AND SUBDIVISION BY PINNACLE ) CONCLUSIONS OF LAW AND ENGINEERS FOR SANTEE ) ORDER OF CONDITIONAL CONSTRUCTION ) APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 21, 1999, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, City Engineer, appeared and testified at the hearing, and appearing and testifying on behalf of the Applicant was Bob Unger of Pinnacle Engineers, Inc., and no one appeared and testified in opposition of the application, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing, SANTEE COMMERCIAL COMPLEX PRELIMINARY PLAT, WES WORCHESTER PINNACLE ENGINEERS, INC., dated: 07-01-99, DRAWN BY: RGS, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C996143, SHEET PP -1, submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - I 0 0 preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, the property is presently zoned (I -L) Light Industrial, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(14), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. The property is approximately 2. 10 acres in size. The property is generally located west of Ralston Street, 500 feet south of Pine Street in Meridian, Idaho. 4. The owner of record of the subject property is Railside Development, Inc. of 4414 Gekeler Lane, Boise, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 2 0 5. The Applicant is Pinnacle Engineers, Inc. for Santee Construction, of 870 N. Linder Road, Suite B, Meridian, Idaho. 6. The subject property is currently zoned Light Industrial (I -L). The zoning of I -L is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(14). 7. The subject property is within the city limits of the City of Meridian. 8. It is determined that Urban Services are readily available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 9. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 10. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 11. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 3 0 0 of the preliminary plat as hereinafter set forth. 13. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "SANTEE COMMERCIAL COMPLEX PRELIMINARY PLAT, WES WORCHESTER PINNACLE ENGINEERS, INC., dated: 07-01-99, DRAWN BY: RGS, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C996143, SHEET PP -1 for Railside Park Subdivision". 14. The Administrator has accepted the application for Preliminary Plat as required in § 11-9-604(C)(8), and reported on the status of the application. DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "SANTEE COMMERCIAL COMPLEX PRELIMINARY PLAT, WES WORCHESTER PINNACLE ENGINEERS, INC., dated: 07-01-99, DRAWN BY: RGS, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C996143, SHEET PP -1 for Railside Park Subdivision", is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 4 U r� u Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 Applicant shall coordinate with Meridian Fire Department for the possible addition of a fire hydrant. Adopt the Central District Health Department's Recommendations as follows: 2.3 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. 2.4 Run-off is not to create a mosquito breeding problem. 2.5 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.6 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. Adopt the Ada County Highway District's Recommendations as follows: 2.7 A driveway shall be located approximately 100 -feet north of the south property line and shall be paved its full required width of 30 to 40 -feet and at least 30 -feet beyond the edge of the pavement. 2.8 Any proposed gated entry shall be located a minimum of 50 -feet form a public road. The location of any gated entry shall be coordinated with ACHD District staff. 2.9 A cross access agreement among the internal lots shall be coordinated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 5 0 0 for access to the public street system. 2.10 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.11 A detailed landscape and fencing plan shall be provided for review and approval with submittal of final plat application. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 2.12 Permanent perimeter fencing is required to be in place along the exterior subdivision boundary prior to obtaining building permits. A letter of credit, cash, or appropriate bonding will be required for this item prior to signature on the final plat. 2.13 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.14 Sanitary sewer service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.15 Water service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer shall coordinate routing with the Public Works Department. 2.16 All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing, if required, are to be installed prior to obtaining building permits. 2.17 Applicant shall provide verified approvals from Ada County Highway District and Meridian City -Rural Fire District for configuration of on- site driveways and turnarounds. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 6 0 0 2.18 Assessment fees for water and sewer service are determined during the building plan review process. 2.19 Signage details shall be submitted for location and design and subject to design review. Staff recommend monument signs in Railside Park Subdivision. Sign needs to be placed outside of sight triangle. 2.20 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.21 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. 2.22 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.\ 2.23 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. 2.24 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. 2.25 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 2.26 All signage shall be in accordance with the standards set forth in Section FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT-RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 7 0 0 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.27 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.28 Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.29 Calculations must be provided to P&Z staff showing total square footage of asphalt and demonstrate compliance with one, 3" caliper tree per 1,500 s.f of asphalt. Landscape plan is not to be revised without prior written approval of the Planning &. Zoning department. 2.30 Locations and construction requirements of trash enclosure shall be coordinated with Sanitary Services, Inc., and a letter of approval from their office shall be provided prior to applying for building permits. 2.31 A letter of approval from Ada County Highway District shall be provided with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 2.32 All outdoor storage of equipment and material shall be enclosed with a screening fence. 2.33 Applicant shall be required to make application with the Meridian Building Department for development within a flood plain. 2 % S By action of the City Council at its regular meeting held on the day of 1999. e n 0 EST D. CORRIE , City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 8 0 0 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: 1 ty Clerk msg/Z:\Worlc\M\Meridian 15360M\Railside Par1<\PPFfC1sDec0rd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION FOR - 9 `0 t%j4111HlrrrrE� OF WFLI- oTFo SEAL 9� Cb October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5, 1999 APPLICANT: WES WORCESTER ITEM #: 12 REQUEST: PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITYATTORNEY: SEE FACTS AND FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: �IJ� SETTLERS IRRIGATION: UV i V IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 7C&x 997-7781 0 0 Meridian City Council Meeting October 5, 1999 Page 20 Corrie: Motion is made and seconded that we approve the order of dismissal of the application for conditional use permit on Sundance, LLC, CUP 99-018. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) — LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION: Corrie: Item No. 12, Findings of Facts and Conclusions of Law: Request for preliminary plat for Santee Commercial Complex by Pinnacle Engineering, Wes Worcester, Lot 3 Block 2 of Railside Park Subdivision. Council, you have the Findings of Facts and Conclusions of Law, Item No. 7. I'll entertain a motion whichever way you'd like. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law on order of conditional approval of preliminary plat for Railside Subdivision for Santee Construction. Bird: Second. Corrie: Motion is made and seconded that we approve the Findings of Facts and Conclusions of Law on Item No. 12. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER —RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: Corrie: Item No. 13, Findings of Facts and Conclusions of Law: Conditional use permit for townhouse conversion of multiple buildings on a one -acre lot by Wes Worcester, Railside Park Subdivision at Pine and Locust Grove. (inaudible discussion between Council members.) Corrie: Staff, is it one acre or two acres? 2.1 acres it says here. 2.1 acre lot. Page 3 of the Findings. It says here the initial finding was 2.1 acres. Yeah. 0 0 Meridian City Council Meeting October 5, 1999 Page 21 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Findings of Facts and Conclusions of Law authorizing the conditional use permit for townhouse conversion of multiple buildings on two -acre lots by Wes Worcester. Bird: Second. Corrie: Motion's made and seconded to approve the Findings of Facts and Conclusions of Law to allow the conditional use permit for the townhouse conversion, Item No. 13. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 14. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS -1302 E. FIRST STREET: Corrie: Item No. 14 is a continuing public hearing: Request for conditional use permit for expansion of facility to accommodate existing children by Ray Chase/Regent Business, 1302 East 1St Street. This time I will open public hearing, and we will continue the public hearing. We will hear first from Staff. Comments? Stiles: Mr. Mayor and Council, this is for the existing Kid's Club that's just north of the post office on East 1St Street. They were required to submit a conditional use permit to modify their existing conditional use permit as they were adding a building to the north side of their lot. Corrie: Okay. Stiles: This property is located in a C -C zone that normally would not require a second public hearing; however, their application stated that they were in an R-15 zon-3, and that's why it was noticed for tonight. We would recommend approval with the conditions stated by the Planning and Zoning Commission and the clarification to their recommendation on Page 3 of 1.14 that they construct architectural features on the west side of the proposed building for greater aesthetic appeal because they didn't show any architectural features on that side, so we would like them to incorporate something that kind of mimics what they have as far as the house design, some kind of architectural feature for design and review by Planning and Zoning staff. That's all. Corrie: That's all? Thanks, Shari. Since this is a public hearing, would the applicants here today like to talk? Maybe the public would like to have testimony in this request for MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 51 Rountree: I'm going to entertain a motion from Council right now, because I think we all need a bit of a break. Anderson: So moved. Rountree: Moved. Second? Anderson: Second. Rountree: All in favor? MOTION CARRIED: ALL AYES 10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) — LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. (ATTORNEY TO PREPARE FINDINGS) 11. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER —RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: (ATTORNEY TO PREPARE FINDINGS) Rountree: Items 10 and 11, preliminary plat and a conditional use permit. Those people here on Items 10 and 11, would you object to having both of those hearings opened up at the same time? Unidentified speaker: (inaudible) Rountree: Anybody else? Bird: Is that the same — Rountree: It's the same. Is that agreeable with the Council? Bird: That's agreeable with me. Rountree: Okay, then I'll open up both hearings 10 and 11 for request for preliminary plat and a conditional use permit for townhouse conversion on multiple -use buildings on one -care lots of Wes Worcester, Railside Park Subdivision. Shari. And before she starts, those people who are here for hearings, the Council opened the agenda earlier and has made the decision that they will not open an additional public hearing after 10:30, so after about Item 13, it's questionable whether or not you'll have your hearing ! 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 52 will be opened this evening. They would be scheduled at our next regularly scheduled meeting which is October 5th, and they would be on the front of the agenda. Okay, Shari. Stiles: Mr. President, Council members, this project has come before you previously. It was for a conditional use permit because they had more than one building, one principle building on a lot. The applicant has now decided he wants to convert these buildings into townhouse units, and that's the reason for the two public hearings. One is for the plat; the second one is for a conditional use permit which would allow for the townhouse units, the zero lot lines and the fact that the townhouse units, the individual lots would not have frontage on a public street. Maws Addition here, this Pine Street, this is where Locust Grove will eventually come through. There's some existing development in this area. This lot is still vacant. This is a residential home that is zoned I -L. If you remember Wayne Forrey coming through with a development, this is for conditional use permit for elderly housing development. This would be the plat itself. As you can see, there are three buildings and they have designated the separate lots for the townhouse units so they can sell those individually. We have received response from the applicant. They have agreed with all the terms of our comments, and staff recommends approval of the development. Rountree: Any questions of Shari? Bird: I have none. Bentley: Have none. Anderson: I have one. On that other overhead that you showed, then, it appears to me that that's an industrial park and everything that's been developed in that so far has been industrial? Is that correct? Stiles: Yes. There's a golf cart country that's over here, there's the plumbers' Union down here, there's Artec down here, and D & J Auto Transport on this lot. Anderson: So we're going to put townhouses in the middle of an industrial park. Stiles: They call it townhouses. It's like a — they first proposed a condominium concept, but now they're asking for a townhouse concept because each person will own their own lot, but the buildings will be attached. They'll have fire walls between each unit, each individual unit, but each of them will be owned by an industrial user. So it's kind of misleading to call it a townhouse. No residential use in it. Anderson: I think I'm tracking with you, now. r 9 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 53 Rountree: It's a business. Anderson: Just throw a shoe and hit me, okay? Rountree: Any other questions of Shari? Bird: I have none. Bentley: I have none. Rountree: Okay. Thank you. Mr. Unger. Unger: Council members, my name is Bob Unger. I'm with Pinnacle Engineers. We represent Sonntag Construction on these applications. Our address is 870 North Linder, Suite B, Meridian, Idaho 83642. 1 think Shari's done a fine job, and to save you all a longer evening, we concur with all the conditions of approval and staffs comments and ask for your approval. Rountree: Any questions for Mr. Unger? Bird: I have none. Bentley: I have none. Unger: Thank you. Rountree: Anybody else from the public wish to provide testimony on this public hearing? Thank you. Any discussion on the part of the Council? Bird: I have none. Bentley: I have question for staff. Rountree: Okay. Mr. Bentley. Bentley: Gary — Smith: Yes, sir. Bentley: -- are we having any problems with the water, sewer for this project out there? Smith: No, sir. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 54 Bentley: Okay. Thank you. Rountree: Any other questions, discussion? Bird: I have none. Rountree: Motion to close the hearing? Bird: So moved. Bentley: Second. Rountree: It's been moved and seconded to close the hearing, both hearings, for Items 10 and 11. All those in favor? MOTION CARRIED: ALL AYES Rountree: Motion passes, close both — request for preliminary plat and conditional use. Need findings for both. No. Don't need findings for the plat, just general approval. Bentley: Mr. President. Rountree: Mr. Bentley. Help me. Bentley: I move we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law for Pinnacle Engineering's request for preliminary plat for commercial complex at Railside Subdivision, and with the reflection of due -pass approval. Bird: Been moved and seconded to prepare Findings of Facts with a due -pass approval for the preliminary plat for Item No. 10. Roll -call. Mr. Anderson. Anderson: Aye. Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: All in favor, motion passes. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 55 MOTION CARRIED: ALL AYES Smith: Point of clarification, Mr. President. Does that motion, I assume, include all the conditions that were set forth in the recommendation of the Planning and Zoning Commission? Rountree: Yes, they do. Smith: I'm sorry. Maybe I just missed it because I was trying to write (inaudible) Rountree: Yes, it does. (inaudible discussion) Bird: No, I didn't. Rountree: That was the intent. Bird: That was the intent. Rountree: Need a motion for findings on conditional use permit. Bird: Mr. President. Rountree: Mr. Bird. Bird: I move that we approve the conditional use permit for townhouse conversion of multiple buildings on one -acre lots by Wes Worcester, Railside Park Subdivision at Pine and Locust Grove. Bentley: Second. Rountree: Been moved and seconded to prepare Findings of Facts for conditional use permit for townhouse conversion, Item No. 11, and that included staff comments, as well? Bird: You bet it did. Rountree: Roll -call vote to Mr. Anderson Anderson: Aye. 0 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 56 Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: All in favor, motion passes. MOTION CARRIED: ALL AYES 12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2 -STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC—GENTRY WAY AND ALLEN STREET: (ATTORNEY TO PREPARE FINDINGS) Rountree: Next item on the agenda in this public hearing, request for conditional use permit for two two-story office buildings, Eagle Road Professional Center, by Andrew Simonds-Fermor, LLC. Shari. I'll open that hearing. Stiles: Mr. President, Councilmen, this is for a project that would be immediately south of the Jacksons on Eagle Road. This is where the Holiday Inn Express will be coming in soon, I hope. Hubble Engineers has purchased this property and annexed it and did a plat for their office building. Steve Siddoway did prepare some response to the recommendation to Council on Item 1.26 on Page 6 regarding pre-treatment of storm water through a grassy swale. That was a recommendation from Central District Health Department, not a requirement. Item 1.27, Page 6 states the applicant shall resolve hook-up to city sewer, water and sewer issues prior to the issuance of a building permit. The applicant has issued a letter dated September 20th that requests this requirement be revised to condition their Certificate of Occupancy rather than the building permit upon satisfactory resolution of the utility problem. Our response is as follows: Applicant shall resolve hook-up to city water and sewer issues prior to the issuance of a building permit. Building permits cannot be issued until the site has adequate fire protection. The water lines must pass pressure tests and bacteriological tests prior to activating the fire hydrants. Also, the sewer must be pressure tested and proved prior to issuance of a building permit. This is a standard requirement for all subdivisions in the city as well. The City will accept and process the building plans if the applicant signs a letter stating that they understand a building permit will not be issued until water and sewer lines are complete and approved. This will eliminate the six to eight weeks of processing time required after the lines are approved, and it will give the applicant approximately two months additional time to work out the water and sewer line issues while the plans are being processed without additional down-time. This is the agreement worked out 0 0 MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT:—WES WORCESTER AGENDA ITEM NUMBER: 10 REQUEST: SANTEE CONNIAERCIAL COMPLEX AGENCY COMMENTS SEE ATTACHED MINUTES CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION CITY ATTORNEY: CITY POLICE DEPT: REVIEWED SEE ATTACHED COMMENTS CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: tAJl US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER:of the City of Meridian. All Materials presented at public meetings shall become property Meridian Planning and Zig Committee Special Meeting August 25, 1999 Page 56 Borup: That is what he drew. Okay. Thank you. Commissioner De Weerd you were ready to make a motion. De Weerd: There is no further discussion? Mr. Chairman, I move that we continue this until the September 30th meeting. Barbeiro: I second the motion. Borup: Okay, and again that September 30 meeting is when we are hearing other Comprehensive Plan change applications. Thank you, all in favor? MOTION CARRIED: ALL AYES. Rossman: Mr. Chairman can he take the blown up exhibit? I certainly don't have any objection to it because he has represented identical – ITEM NUMBER 8. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS –LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION: Borup: Staff, who do we have. Brad or Steve. Hawkins: I would like to take the next hour to present this project. I would request Commission that you incorporate our comments dated August 20, 1999 which were sent to the applicant that addressed both of these items, 8 and 9. Our comments addressed both the conditional use permit and just for your reference, if you look at the packet, this is an existing lot in the Railside Park Subdivision and what they are proposing re -subdivision of the lot. They have all ready been approved for condition use permit back in July to put multiply buildings on this lot, so the reason they are back before you now is to actually plat the re -plat that lot. The majority of our comments are of the standard comments and unless there is other things that the public works department has I think that is it. Borup: Did the Public Works Dept. have any comments? Freckleton: Mr. Chairman, members of the Commission. The only question that I had, and this is a legal issue for Mr. Rossman, that is in regard to a condo or townhouse type project and the articles or like the CC&R's, isn't there some kind of articles –isn't is basically a corporation. I recall that the last project that came through—there was a project called Bridgewood Park Condos and they had to go through and do some sort of article of condominium –something in Idaho Code that requires that and I could not – Rossman: It has been a long time since I done it, but there is you have to do an Article of Condominium's and there is some other procedural requirements that have to be met. Meridian Planning and Zag Committee Special Meeting to August 25, 1999 Page 57 Freckleton: I did not know how this would apply to this application, if it would at all. Borup: Just a clarification. This is townhouse rather than condominium. That is what it says here so the townhouse needs to have a separate lot under the building where a condo. Rossman: Are these all on separate lots? Freckleton: Yes. Rossman: Well perhaps the applicant can address that better than I. They are townhouses and they are on separate lots, I am not sure the requirement for the articles is necessarily there. We could certainly look into that a little closer, but as I sit here today my best belief is that there is not requirement with regard to townhouses as opposed to a single lot with multiple units within that lot. Borup: Any other questions for staff? If not, applicant—Mr. Unger, are you going to be doing this? Unger: Mr. Chairman and Commission Members, my name is Bob Unger. I am with Pinnacle Engineers. Our address is 870 North Linder Road, Suite B, Meridian, ID 83542. We represent the applicant on this project which is Santee Construction. I will try to be somewhat brief on this. First of all, just to answer your question, since this is townhouses, Articles are not required. It is only for Condos. We have provided staff with a copy of restrictive covenants for the project which will take care of the maintenance of the common areas within the project itself. We will kind of go through this with you. We have 23 zero lot line commercial townhouses. Each one of these will be individual units on separate lots. We have 23 of them. We have parking in this area. Also our drainage will be in this area. We are providing landscape buffering along the front. Some landscaping and fencing around the perimeters here. We have made one slight change here. This is called—we originally showed this as a paved driveway back in here. We are changing, amending that to be a gravel driveway area back in here with concrete pads for these units to the back. This is the rear of these units not the front, of course. We do have sewer and water available in Walston Street, right in through here, and we will be providing services to each on of the individual units. As far as staff comments, we reviewed them. We really have no problems with staff comments and their conditions of approval that they have recommended. Certainly have no problem with complying with them. That goes along with the conditional use also, which follows this particular application in the agenda this evening. The zoning is currently a I -L which is a appropriate zoning for the Railside Subdivision and our proposal complies with that zoning. It also complies with the Comprehensive Plan and the development also is compatible with the surrounding development that is occurring within the Railside Subdivision itself. Not to stretch this out, we have gone through all the conditions. We have no problems with them and will comply with them. At this point we will stand for any questions you might have or concerns over the project. Meridian Planning and Zc*g Committee Special Meeting 10 August 25, 1999 Page 58 Borup: Any questions for Mr. Unger? Mr. Brown. Brown: So the lot lines go to the (inaudible) parking. Is it a shared driveway or how do they— Unger: Right. The parking, all the parking in the driveway is in a common lot. The actual lot lines are structures themselves. Brown: And the parking, is that designated for each one of the units or— Unger: The parking is within the common lot itself. We have provided sufficient parking for each unit as required by the code. I guess they could specifically be designated for each individual unit, if you feel that that is appropriate. We really don't anticipate any problems with anybody particularly claiming parking areas of their own. It would be any parking in front of the unit would obviously be for that unit. Borup: Any other questions. Thank you Mr. Unger. Do we have anyone else here who wish to testify at this public hearing. Seeing and hearing none, Commissioners. Any final summary from staff. Commissioners? De Weerd: Mr. Chairman, does staff have any concerns about the gravel back on that. Hawkins: The gravel was not depicted on the plan originally. The ordinance does not allow a gravel for drive or parking areas. It would be required to be paved under existing ordinance. I was a little confused—talked about a gravel area with concrete pads coming out behind each of those proposed townhouses on that far left side. You've got gravel drives or gravel base with several paved drives leading up to like a warehouse door or storage door. Technically, that whole area would —continued to be used for drainage too. Borup: Mr. Unger will you clarify that a little bit. You plan indicates the majority of that area is in Nampa Meridian easement line. Worcester: Wes Worcester. Santee Construction. On these two units right here they do have the garage doors that open on to the rear of this property. These over here only have man doors that open to the rear of this property. The problem we run into is there is a irrigation easement here. It is for a drain for ground water control and we met with the irrigation district and if we pave this, we got to make arrangements for that to be cut at any future time that they so desire. That was our problem with paving that area in the back. Now we can if it is a condition of the ****Last side*** Worcester: to have a driveway here, because we have enough room here to —it would only be 12 feet however. I am not sure what you minimum driveway width is. Meridian Planning and Zo*g Committee Special Meeting August 25, 1999 Page 59 Hawkins: The minimum driveway is, if your not going to provide parking back there, would probably be at 20 feet. Worcester: Twenty feet would be a problem because then we would be into this easement that we are going to have to make arrangements with the irrigation district to open it any time they desire. They are not even sure where this drain is at. They're thinking that it comes out of the property at an angle and then angles off over here at this other property. This property right here is graveled in this area back in here for that same reason that the irrigation district may have to —if they ever locate their pipe, may have to have access to it. We are trying to get that located. We are hoping that they put it on the property line. If they put it on the property line that is going to change that easement back there. All the other units fronts are accessed the paved area with their designated parking spots. These are their parking spots that are designated for this office area. The problem we have of course is that the necessary here we had the garage doors that access this back here. Hawkins: What is the business to the north? It is vacant, correct? Worcester: No. To the north? This area right here is a residential. That's why we have this twenty foot screen area as a transition from industrial to residential. This is a vacant lot here. This lot over here just been constructed 649 Ralston, I believe the address is, and they've got—the reason we came up with that gravel idea. That's what they've got in the rear of their property. Hawkins: Of the residential property. Worcester: No, no. This property right here is an industrial zone and it has a large industrial complex on it. Their complex actually ends right in here. For that area back, it's gravel because of this same condition with the irrigation district. Hawkins: Do they use that for vehicular traffic? Worcester: There is a garage door opening behind it, yes. They have a very similar situation. They have a garage door opening on to that gravel area and they've got an asphalt ramp to access that gravel area. They have sloped it in such a manner that— they put a retention pond back in here in this area for their drainage of that area. We've talked to the irrigation district and that drain that comes through here, we've gotten permission, but we have to get a licensing agreement to connect our drain directly to it so we won't have a retention pond. That is just mosquito haven. They suggested that we go from a retention pond from here to draining into that drain that is running to the rear of that property. Borup: Anything else? Meridian Planning and Zog Committee Special Meeting 0 August 25, 1999 Page 60 Hatcher: Mr. Chairman. I've got a question tback related de of un is 4is 'and 51 nn. Can you build ng 3 and why you have the overhead door one none of the others. Worcester: This is a owner that wished it to be that way. We had designed the entire complex to front on to the driveway. He wanted more extensive office area. He's got the side by side offices here. Actually, he is going to have a mezzanine up above this, so he is going to maximize out his office space, so he wanted to have access to the rear of the structure versus the front of the structure so he could put that all into office space. If he had the—these are 14 foot oi9h'fa�e th s smaeafor office area he wanted 12 t wide aall eothem front of your property your only g g to h more office area. Hatcher: How are you proposing to adequate access to those door around back? Worcester: Well you've got a driveway on the side here and that is adequate. I know it is more than 20 feet, I can't read that dimension, but that was adequate for him to get in and out of this area in the past. Initially this was going to be paved, but then when we ran into the irrigation problem, then we chose to duplicate what our neighbor to the south had done. I was under the impression that that was acceptable. We would come out here with a concrete pad to the edge of the easement and this goes at an angle. At this point here is the closest point. It is 12 feet. That limited our apron. That is what we were attempting to accomplish. We are being a copy cat. Looks like we goofed up. Hatcher: Bruce, do we have city requirements that that access be paved? Hawkins: I could look it up. The ordinance I believe is vehicular drive and parking areas. Hatcher: That would constitute a vehicular drive. Hawkins: That's correct. We can look that up for you. The issue of course principally is -1 don't know if the Fire Marshall typically the fire department I did not see their comments on this access. They don't mention the drives. Just codes that need to be met for the fire. Worcester: We are going to sprinkle the buildings. They don't have enough water pressure there for service. We've only got 1500 gallons per minute, so we are going to sprinkle the buildings to alleviate that concern. I may be incorrect, but when we were talking to our neighbors, we were under the impression that in an industrial zone that gravel area to the rear was acceptable. I don't know. I am not familiar with that ordinance. Hatcher: It depends on their use. Meridian Planning and Zg Committee Special Meeting August 25, 1999 Page 61 Worcester: I know they have the same use. They've got the garage door to the rear of their property with an asphalt apron and then two going into gravel. Borup: That is the lot directly to the south? Worcester: Yeah. Borup: And your saying essentially the same use that your proposing. Worcester: Yes. Rossman: Mr. Chairman, I guess the point should be made that if it is a requirement that it be paved, that that is a requirement that the planning and zoning commission has to live with and they have to require that. I guess the applicant could seek a variance from the City Council, but this Planning and Zoning Commission does not hear variances. If the other lot owner is doing that and if, in fact a non conforming use, then that is a code enforcement issue, but it is not— Worcester: I am not raising that questionW wracceptablwere just lecbe ausating e of the t he had done because we were under the impression that as conditions of this easement and the requirement of the irrigation district to access that drain. Rossman: I understand that and hopefully we can get that clarified as to whether or not that is in fact a requirement under the Meridian City Code. Borup: Wes, the irrigation's access would just be incase of essentially emergency a problem with the line, etc. Worcester: Right, we would have to be— Borup: That is probably pretty good odds that your not going to have— Worcester: Right and I am not sure what we'd have to do. They are not sure. They said we may have to put a condition within the homeowners association or the association for legal and financial responsibility to uncover and recover in the event that they have a clogged line. They aren't even sure where that line is at. Borup: At this point there aren't even any clean up boxes that whole length. Worcester: No, none that we could find. Borup: How long is that? Worcester: It is kind of a weird situation. It comes up comes over from Pine and then right in here it heads Meridian Planning and Ag Committee Special Meeting 6 August 25, 1999 Page 62 Borup: There has to be a box at the angle then. Worcester: No there is no box at the angle. Borup: Okay, but this is strictly drainage. Worcester: Yeah, it's ground water control. Borup: It's not irrigation or anything so it's not like a irrigation water that gets plugged up with weeds. Worcester: They though that there was an access up here off of (inaudible) Borup: Thank you. Brad did you find anything or should we continue on. Hawkins: The wording does not state drive is (inaudible) off street parking areas. The interpretation by Shari has been that office street parking areas include the driveways, not just the parking stalls themselves. This could potentially left up to interpretation by the Planning and Zoning Administrator to make in the case if this can be determined and if that is the Commissions desire to be determined to drive area or not, that has happened in other permitted uses that don't come before you for a conditional use permit that issue has been between the administrator and the application. If you so desire, that may be one of those. But her interpretation most of the time has been that even the ordinance says off street parking area shall be paved, that is included. Hatcher: Wes. The property to the south, do they access out on to that like you would be. Worcester: Yes. Hatcher: So they pull out of a garage — Worcester: Overhead door. They have an asphalt apron. I personally would put a concrete apron, but if that is a problem, hopefully what we can do is if we can locate this drain if we can move this easement over, then maybe we can get—your saying a 20 o foot driveway is the minimum. We could move that 8 foot, I don't know if we can, maybe we could do that. Hatcher: I am just looking at maintaining compliance with the ordinances and my suggestion would be granted there is a pending issue of locating the drain, but my suggestion would be put in the 20 wide required asphalt drive and take the gamble— Worcester: We would only have to dig up a portion of it because—at 20 foot—this is 12 foot right here, so if this drain was in fact within this easement here, we'd only have to Meridian Planning and Z011*g Committee Special Meeting is August 25, 1999 Page 63 take up 8 foot of asphalt at the most. We if could have the drive way coming back up in here, that's fine. Hatcher: That would be between you and the irrigation district as far as what agreement you can come up with. (Inaudible audience discussion) Borup: You've got 38 feet to your property line, it looks like. Worcester: Yeah at the minimum point. This is wider over here. Rossman: I would recommend that that issue be left for determination by the Planning and Zoning Administrator and should the administrator ace with the City Counce, is a paving requirement, Mr. Worcester could apply for a Borup: Not an issue we need to address. Commissioners. I am ready for a motion. De Weerd: Mr. Chairman, I have one more question. I did not know my last one would be so lengthy but staff I am at a disavantage because I've been don't know what exists and what doesn'tg on a landscape ordinance and now I . Is there any interior parking landscaping that is required for this. . Hawkins: There is not. The requirement is one 3 inch caliper tree for every 1500 square feet of asphalt. They have exceeded. Barbeiro: Mr. Chairman, I move that we close the public hearing. Hatcher: Second. Borup: All in favor MOTION CARRIED: ALL AYES Barbeiro: Mr. Chairman I move that we recommend to City Council request for preliminary plat for Santee Commercial Complex by Pinnacle Engineers Lot 3 Block 2 of Railside Park Subdivision to include all of staff comments. De Weerd: I would second that. Borup: All in favor. MOTION CARRIED: ALL AYES We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: On June 15, 1999, the City Council approved a C.U.P. for multiple buildings on a single lot for this same applicant and lot. The applicant is now proposing to re -subdivide Lot 3 of Railside Park based upon the same building layout as approved in June to create 23 zero lot line commercial townhouses within the three (3) buildings. To staffs knowledge, this is the first commercial townhouse application the City has reviewed. Covenants have been proposed for the subdivision. PRELIMINARY PLAT REQUIREMENTS 1. Provide detailed landscape and fencing plan for review and approval with submittal of final plat application. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 2. Permanent perimeter fencing is to be installed prior to applying for building permits. Coordinate details with City staff. A letter of credit or cash for these improvements will be required prior to signature on the final plat. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Sanitary sewer service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. CUP -99-027 Worcester2.PP.doc HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 288-2499 • Fax 288-2501 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 KEITH BIRD August 20, 1999 MEMORANDUM: Planning & Zoning Commission, Mayor and City Council R ul Cr-IrVET) To: AUG 2 4 1999 From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Assistant Planner' City Clerk : i t o l e r i f liar, erk office Re: Request for Preliminary Plat for Commercial Complex AND Conditional Use Permit 2.10 Acre Lot in Railside Park for Townhouse Conversion of Three Buildings on Subdivision by Wes Worcester dba Santee Construction We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: On June 15, 1999, the City Council approved a C.U.P. for multiple buildings on a single lot for this same applicant and lot. The applicant is now proposing to re -subdivide Lot 3 of Railside Park based upon the same building layout as approved in June to create 23 zero lot line commercial townhouses within the three (3) buildings. To staffs knowledge, this is the first commercial townhouse application the City has reviewed. Covenants have been proposed for the subdivision. PRELIMINARY PLAT REQUIREMENTS 1. Provide detailed landscape and fencing plan for review and approval with submittal of final plat application. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 2. Permanent perimeter fencing is to be installed prior to applying for building permits. Coordinate details with City staff. A letter of credit or cash for these improvements will be required prior to signature on the final plat. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Sanitary sewer service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. CUP -99-027 Worcester2.PP.doc p&Z Commission/Mayor & Council 08/24/99 Page 2 5. Water service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate routing with the Public Works Department. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing, if required, are to be installed prior to obtaining building permits. 7. Verify approvals from Ada. County Highway District and Meridian City -Rural Fire District for configuration of on-site driveways and turnarounds. CONDITIONAL USE COMMENTS: 1 The property is designated in the Meridian Comprehensive Plan as Existing Urban. 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. Assessment Bees for water and sewer service are determined during the building plan review process. e details were submitted for location or design. Staff recommend monument signs 4. No signage outside of sighttriangle. Detailed in Railside Park Subdivision Sign needs to be placed signage plans will be subject to design review. GENERAL REQUIREMENTS: 1Any existing irrigation/drainage ditches crossing the property to be included in this project, . shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shownd on the site plans. Plans will need to be approved by the appropriate krigation/draina8 or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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. 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. CUP 99-027 WorceswIPP.doc • 40 p&Z Commission/Mayor & Council 08/24/99 Page 4 S. All outdoor storage of equipment and material needs to be enclosed with a screening fence. accessible parking spaces and associated signage in accordance with the 6. provide handicapped parking lot construction needs to meet the Americans with Disabilities Act. All building requirements of the Americans with Disabilities Act. aired to make application with the Meridian Building Department for 7. Applicant shall be req development within a flood plain. CUPM-oar WorcestaIPPA- 0 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR RAILSIDE PARK SUBDIVISION, PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION, Applicant Case No. PP -99-013 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 2. 10 acres in size. The property is generally located west of Ralston Street, 500 feet south of Pine Street in Meridian, Idaho. 2. The owner of record of the subject property is Railside Development, Inc. of 4414 Gekeler Lane, Boise, Idaho. 3. The Applicant is Pinnacle Engineers, Inc. for Santee Construction, of 870 N. Linder Road, Suite B, Meridian, Idaho. 4. The subject property is currently zoned Light Industrial (I -L). The zoning of I -L is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(14). 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT-RAILSIDE PARK SUBDIVISION BY PINNACLE ENGINEERS FOR SANTEE CONSTRUCTION Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. Applicant prop to develop the subject property in the following 7. The App P manner: construction and development of Santee Commercial Complex. 9. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as sted b the Applicant for the property described in the application, subject to reque y the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1pP2 Applicant shall coordinate with Meridian Fire Department for the possible addition of a fire hydrant. Adopt the Central District Health Department's Recommendations as follows: 1.3 The Applicant's central sewage and central water e a plans submitted to and approved Idaho of Welfare, Division of Environmental 1.4 & Run-off is not to create a mosquito breeding problem. 1.5 Stormwater shall be pretreated through a grassy swale prior to discharge RECOMMENDATION TO CI DE COUNCIL ARIC SUBDIVISION BY PINNACLE PRELIMINARY PLAT RAILS ENGINEERS FOR SANTEE CONSTRUCTION to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the actdesi gn of the subject 1.6 � ves for stormwater project shall obtain current beterst nanagernma agemenentpsystem that prevents disposal and design a stor groundwater and surface water degradation. Adopt the Ada County Highway District's Recommendations as follows: Y 1.7 Awidth drivewa shall be located approximately 100 -feet north of of the to south t property line and shall be paved s olt pavdement. and at least 30 -feet beyond theedge f Any proposed 1.8 An ro osed gated entry shall be located a minimum coordinated orm public road. The location of any gated entry shall with ACHD District staff. 1.9 A cross access agreement among the internal lots shall be coordinated for access to the public street system. q 1.10 As required by District policy, restrictions on the width, lo memnumber and locations of driveways, shall be placed on future de pthis parcel. Ado t the Planning and Zoning Administrator and Assistant City Engineer p Recommendations as follows: or review 1.11 A detailed landscape and fencing plan shall be providede°d of credit or approval with submittal of final platat . to signature on the cash will be required for the improvementsP or final plat. Permanent perimeter fencing is required to be in place e mita along letter exterior 1.12 Pe subdivision boundary prior to ndinlnwill berq building Pd for this item prior credit, cash, or appropriate bonding to signature on the final plat. 1.13 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. RECOMMENDATION TO CIDCOUNCIL PLAT -,RA SIDE BDIVISION BY PINNACLE PRELIMINARY ENGINEERS FOR SAN'I'EE CONSTRUCTION 1 14 Sanitary sewer service to this site will be via an extension from e existing mainline installed hRn sizing and routing with the t. Subdivision designer shallcoordinatema Public Works Department. the existing 1.15 Water service to this site will be via an extension develomment Subdivision mainline installed as part of the �vcnithdthe Public Works Department. designer shall coordinate g 1.16 All street signs, road base, street lights, pressurd1Zed , if required, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 1. 17 App licant shall provide verified approvals from dC aunty io not ay District and Meridian City -Rural Fire District for on- site driveways and turnarounds. 1.18 Assessment fees for water and sewer service are determined during the building plan review process. 1.19 1.20 1.21 Signage details shall be submitted for location and design de andsubject to 'iend monument design review. Stafneeds to b placed outside signs sight triangle. mn Subdivision. Sign to be Any existing irrigation/drainage ditches crossing the property pe ty t 605.M. included in this project, shall ou led per City shown on the site plans. Plans will The ditches to be piped should be rain need to be approved by the appropriate irrigation/ d of s a de approvalriot,or lateral users association, with written confirm submitted to the Public Worlds Department. Any eg xistin domestic wells and/or septic systems within this project r je t will have to be removed from their domesticed for non-domestic purposes such as Section 5-7-517 • Wells may be landscape irrigation. Off-streetP arking shall be provided in accordance withnt O Sectio n 11-2- /or 414 of the City of Meridian Zoning and Develop an as detailed in site-specific requirements.\ 1.22 RECOMMENDATION TO CITY E OUN pARIC SUBDIVISION BY PINNACLE ENGINEERS FO PRELIMINARY �T,N"�LCONSTRUCTION gof 1.23 Pavin and striping shall be in accordance with the standards ads set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the y an Zonin and Development Ordinance and in accordance with Americans g requirements. with Disabilities Act (ADA) re q 1.24 A drainage plan designed by a State of Idaho othe Cay chiteceo(Ord. engineer is required and shall be submit 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.25 Outside lighting shall be designed and placed as andas in accordance with t to direct illumination on any nearby 2e414.D13 al are City Ordinance Section g 1.26 All si nage shall be in accordance with the standards ops t fot h in Section 11-2-415 of the City of Merlbian Zoning or flashing esignwill be permitted. No temporary signage, flags, anner 1.27 All construction shall conform to the requirements of the Americans with Disabilities Act. Provide the public Works Department with informatioosed site. Fanticipated 1on ,28 Proow fire flow and domestic water remains should beents for hmon monitored with the and pressure from the existing Meridian Water Department to determine whether adequate fire protection exists. 1.29 Calculations must be provided to PAZ staff total 3'cal per tree footage of asphalt and demonstrate compliance with one, per 1,500 s.f of asphalt. Landscape plan is not to de evil ed without prior written approval of the Planning & Zoning 1.30 Locations and construction requirements of trash tet clos a e hall Brom coordinated with Sanitary Services, cand a for building permits. their office shall be provided priorto applying 1.3 1 A letter of approval from Ada County Highway Dncei t hall b Cate of provided with submittal of site plan prior to Zoning Compliance. RECOMMENDATION TO CITYLSIDEp�� SUBDIVISION BY PINNACLE PRELIMINARY PLAT AN" CONSTRUCTION ENGINEERS FOR 1 32 All outdoor storage of equipment and material shall be enclosed with a screening fence. 1.33 Applicant shall be required to make application with the Meridian Building Department for development with plain. Z:\work\M\Meridian 15360M\Railside Park\PlatReC RECOMMENDATION TO CITY COUNCIL OUN ARIC SUBDIVISION BY PINNACLE PRELIMINARY PLAT RAILSI ENGINEERS FOR SANTEE CONSTRUCTION HUB OF TREASURE VALLEY •o Mayor TY OF MERIDIAN A Good Place to Live ROBERT D. CORRIE CI City Council Members 33 EAST IDAHO CHARLES ROUNTREE MERIDIAN, IDAHO 83642 GLENN BENTLEY (208) ggg-4433 • Fax (208) 887-4813 RON ANDERSON City Clerk Fax (208) 888-4218 KEITH BIRD LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN comments and recommendations will be considered by thets and To insure that your comm our comments Commission, please submit y and Zoning 8.1 g_gg Meridian Planning Ci Clerk by: Meridian City Hall, Attn: Will Berg, City recommendations to HEARING DATE: 8-25-99 TRANSMITTAL ::PP -99-01 T: 7-19-99 FILE NUMBER:3 Y PLAT FOR SANTEE COMMERCIAL COMPLEX REQUEST: PRELIMINAR BY: PINNACLE ENGINEERS PROJECT: LOT 3 BLOCK 2 RAILSIDE PARK SUB, LOCATION OF PROPERTY OR MERIDIAN -- SCHOOL DISTRICT _TAMMY DE WEERD P/Z MERIDIAN POST OFFICE(PLIM &FINAL PLAT) MALCOLM MACCOY, PIZ -_ADA COUNTY HIGHWAY DISTRICT _THOMAS BARBEIRO, PIZ ADA PLANNING ASSOCIATION _BYRON SMITH, PIZ CENTRAL DISTRICT HEALTH DISTRICT _KEITH BORUP, PIZ _NAMPA MERIDIAN IRRIGATION _ROBERT CORRIE, MAYOR SETTLERS IRRIGATION DISTRICT _RON ANDERSON, CIC IDAHO POWERPRELIM(& FINAL PLAT) PLAT) _CHARLIE ROU INTERMOUNTAIN CIC _ NT WEST( _KEITH BIRD, C/C �INTERAU OF RECLAMATION( RELIM & FINAL) _GLENN BENTLEY, C/C BUREAU OF _WATER DEPARTMENT --- IDAHO TRANSPORTATION D PARTMENT _SEWER DEPARTMENTDA COUNTY BUILDING DEPARTMENT YOUR CON _ C E REMARKS: FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER 4 A Good Place to Live KUIiEKT D. CORRIE .A'" � City Council Members C17 I OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 - Fax (208) 8874813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: 8-18-99 TRANSMITTAL DATE: 7-19-99 HEARING DATE: 8-25-99 FILE NUMBER: PP -99-013 REQUEST: PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY: PINNACLE ENGINEERS LOCATION OF PROPERTY OR PROJECT: LOT 3 BLOCK 2 RAILSIDE PARK SUB. _TAMMY DE WEERD P/Z 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXAT 19N) hL S YOU CO ClS REMARKS: MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z _BYRON SMITH, 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 _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER JUL 2 0 11999 Meridian Water supe,�rintlendalat AAk SO Page 2 the Local Q street names as approved by 3. Furnish copy of Final Plat showing a with payment of fee charged Government Agency having such authority o he uired. for the manufacturing and installation of all street signs, as req it to the If Public Rights -of -Way Trust Fund deposit is required, mount seep os 4. f ed by the District in the form of cash or cashier's check for the District. agreements, and all other datum or documents as required by Furnish easements, the District. istrict 6. Furnish Final Plat drawings together with the The final platemust contain the acceptance, certifications, and endorsement. signed endorsement- The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. year. An extension of one year will be 7 ApproCommission val of the plat is valid for one y prior to the expiration considered by the if requested within 15 -days T date. Please contact me at 387-6170, should you have any questions. cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi Richard D. Heaton - Railside Development, Inc. Wes Worchester - Santee Construction Meridian Planning and Zoning so ADAOUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat - Santee/MPP99-013/MCUP99-027 Pine Road/Locust Grove Road Santee is a 23 -zero lot line commercial subdivision on 2.10 -acres. The applicant is also requesting conditional use approval for the commercial townhouses. The site is located on the west side of Ralstin Street, approximately 500 -feet south of Pine Avenue. This development is estimated to generate 200 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On April 10, 1996, the Commission reviewed and approved Railside Industrial Park, a 13 -lot industrial subdivision on 23 -acres. This application is a resubdivision of Lot 3, Block 2, of Railside Subdivision. Roads impacted by this development: Ralstin Street Pine Avenue Locust Grove Road ACHD Commission Date - August 11, 1999 - 7:00 p.m. 26NING S MAP S ANTEE COMMERCIAL COMPLEX -III ',�-!.�► 1-��� R1 SUB No. SUB I -L I -L I -L 1200 1500 Zodng PINNACLE ENGINEERS, INC. �v 870 N. LINDER RD, STE B, MERIDIAN ID ,,�„ PH (2081887 nen �. „_ _ 83642 to WI 1 0 NOISIAICEmn, )4tlVd 0I511vu I . i� 0 i M W31.saotfom A30 n o LN31430' 4do '30, OPIRAGN U5 a 049pi Facts and Findings: A. General Information Owner - Santee Construction Applicant - Bob Unger, Pinnacle Engineers I -L - Existing zoning 2.10 - Acres -lot line commercial townhouses 23 -Proposed zero - Common lot I- Traffic Analysis Zone JAZ) 269 West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Ralsti ret Local/commercial street with bike lane designation No traffic count available 200 -feet of frontage 58 -feet existing right-of-way No additional right -of --way required is improved with a 41 400t street section with curb, gutter and sidewalk abutting Ralstm Streetp the site. Pine Avenin Collector street with bike lane designation Traffic count 2,765 on 11-4-97 0 -feet of frontage utter and sidewalk on the north walk onl on the south Pine Avenue is improved with side of Pine Avenue abutting the project 27 -feet oypavement with curb, g side of the street. There is s site. t„�bike lane designation No traffic count available (staff estimation is 4,000 ADT) 0 -feet of frontage Qutter and Locust Grove is improved north of Pine Avenue with 35 -feet of pavement with curb, sidewalk only on the west side. ro ert line, B. The applicant should locate a driveway approximately 100 -feet north of the south p p Y as proposed. Oravel beim C. Graveled driveways abutting public streets create maintenance problems due to ed width of 30 to 40 -feet an at tracked onto the roadway. Pave the driveway its full requir least 30 -feet beyond the edge of pavement. SANTEE.CMM Page 2 gated entry a mmim um of 50 -feet from uired to locate any proposed g kith District staff. D. The applicant should be req ro osed gated entry a public road. Coordinate the location of any p ommodate the additional traffic The existing transportation system will be adequate to acc E. development with the requirements outlined within this repo generated by this proposed d provided uirements and Standard Requirements must be met or p The following Site Specific Req plat: for prior to ACHD approval of the final Site Specific Requirements: as proposed. Pave north of the south property line, oe of Locate a driveway approximately 100 -feet and the ed� 1' • s full required width of 30 to 40 -feet and at least 30 -feet eY the driveway it - pavement. public road. Coordinate the proposed gated entry a minimum of 50 -feet from a 2. Locate any d gated entry with District staff. location of any pro poseublic street system. 3 Provide a cross access agreement among the internal lots for access to the p Cross access required by District policy, 4 Restrict ions on the width, number and locations ofedriveways, as shall be placed on future development o t pa l. Standard Requirements: Policy outlined herein variance or waiver of any requirement or p Y Tha rPnl est shill 1 A request for modification, ervisor._— all bemade in writing to the Development Services Supde sh . _--I, ,-pn,nre . , ,_ __a,t,;,, nr In �no 11 ,aim Those items shall be re�schedZl ordiscussion with the Commission on the next available meeting agenda. ' after 9:00 a.m. on the day scheduled for Commissionaction Requests submitted to the District n variance or waiver. Those . •me for District staff to remove the from the consentagendan. do not provide sufficient time regarding the requested mods ficatt , agenda by the Comm issio report to the Commission on by reg will be the Commission unless removed from the a� n's action shall be items wil n action, any q Supervisor within two days of the action and shall to re nest for reconsideration of the Commission's 2. After Commiss to the Developrnent Services Sup made in writing include a in fee of Sl 10.00. The request for reconsideration District Commission at the next regular meeting of the Commission. if the e heard by thetion, the applicant will be notified of the date and time will b arees to reconsider the ac Commission agrees meeting at which the reconsideration will be heard. of the Commisslon SANTEE.CNIN1 Page 3 e required prior to building construction in 3. Payment of applicable road impact fees ar q accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. constructio fight-of-way permit must be obtained from ACRD for any street or utility bined where practical to limit o 4. A right-of-way within the public right-of-way. Utility cuts should be coin . pavement damage. Contact Construction Services at 345igsiom - - rov 7667 (with file number) for details. Tans and calculations for review and appropriate action by ACRD prior to 5. Submit site drainage p Q permit (or other required permits), District approval of the final plat or issuance of building p all whichever occurs first. The proposed drainage system shall retain dictionn water on-site and shall conform to the requirements of the city or county having s shall be located in the public right-of-way or incommon Public street drainage fac ilitieno trees, owned by a homeowners association set aslide cllaced in fically saidahaeasement. Drainage lots and fences, bushes, sheds, or other valuable amenitieswhen a In sale). their use restrictions shall be noted on the plat ( app 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. trian 7. If sidewalk is to be constructed or is currently abuttingidaho site, ode, Section 4051335 ramps on the comer of all street intersection in compliance with u to a 20 -foot x 20 -foot right -of --way triangle (or appropriate curve) to keep street g. Dedicaterop permit (or d/or within improvements within the public right -of --way at all inters or tons issuance of a building p t e development by means recordation of the final plat or prior other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. irrigation and drainage lity 12 If street improvements are required, locate obstructionspublic right-of-way. ilitAiethAuthorization for ditches and appurtenances, etc.) outside of the p entity. If determined by the Doval t existin� relocations shall be obtained from the appropriate irri irrigation facilities may remain in the. right -of --way with District review and app g easements recorded for future relocaton at a later ate. 13. Locate propo--w ay and out of the clear-visi sed sign(s) out of the public right-of on sight -triangle of all street and driveway intersections. SANTEE.CMNi Page 4 an interslce10odet street roach of a protect snvolving Irepttowhen t P Install a stop sign on e unsignahzed The stop sign shall be installed 14. Public, a collector or arterial moto �ng pree • roved by the Ada is first accessible to ans at the locations ocatio and mounting hardware from wired to install street name e s ans, sign poles, The District will not The developer is req supplier a data has been 15. hway Department or an approved outside Salthe recording t Hig District. Purchase street name signs, t showing Coun y, erations Dep ACRD s Traffic OP ans until a copy of the recorded plat manufacture street sl arking" shall ment Seryices staff. designate as "no p provided to Develop plan shall be sealed, aired by the District to be A Signing P HD Traffic ` no arking" suns. 16. Any Po tion of a street which �s req ineer and submitted to AC if a final e ostt by the installation of standard ` p soval by the District. b p a Registered Professionals or o final plat app ned and dated by wand approval p Completed prior to issuance of a building Sig roval shall be Services staff for their the siiew a plan app plat is not required this triangle wired permit) Within permit (or other req and street intersections. including but ht triangle at all driveway clear vision sig of pavement will be shall be definedwith 17.provide a The triangle the centerline of her than 36 -inches aboveNa Is or shrubs along no obstruction higher berms, fences, on speed limit) the centerline de ending not limited to landscaping provide notes of these e measured 200 -feet to 540-feet d from ( P 1 r the curb line of the road 20 -feet al o the long g measured Figure F7). any road; and the short leg or street (see District Policy of the intersecting driveway on the plat/site plan and street construction plans. r review and appropriate action. restrictions District fo lairs to the D 18. Submit three sets of street construction P lic streets for review and appropriate action by Ovide design data for proposed access to pub 19. Pr conformance with ACRD• all be designed and constructed in All public streets and drainage systems shall 20. Alp policies- n information and calculations District standards and p plans, desig ineer or land surveys, reports' plats, drawings, P a Registered Professional Eng 21 Specifications, signed and dated by Section 54-1215. resented to ACRD shall be sealed, g P Surveyor, in compliance with Idaho Code, Suance of building permit Professional Land S approval, prior to is tans for staff, approval, d design changes - The applicant shall submitrsn,which incorporates any applicable 22. wired pe ance with all aPP ancy• (or other req soval for Occup development shall be to to Dist ct app use and property ahway District p 23. Construction, da County H�� without approval of the requirements of the A public street system is not allowed is required to contact veways to the P sop°Sing to construct a dr. svew esmit prior to The connection of driroyal, any° P rO er p 24• To obtain app District to obtain a P P District.rvices Division of the D 7207.9• the Construction st action per District Policy commencing SANfEE.C'MM page 5 25. No change in the terms d conditions of this approval shall be Oid nless 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. 26. 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. Should you have any questions or comments, please contact the Development Services - Division ata -8'x-61 79 -- -- -- - -- -- - -- SANTEE.CMM Page 6 CCENTRAL C C, DISTRICT �THEALTH DEPARTMENT Rezone # L DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # reliminary /Fin / Short Plat —D/ t Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz F—]1. (' We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water A10. Run-off is not to create a mosquito breeding problem. ❑ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store F-1 14. Date: _// Reviewed By: I�' Review Sheet 710109171M.- 7/91 �,�r LC p C.E. _R pI5tFICT OEPARTmENTru re�'er+t and rrrar diseaseartd dcsab+iiey; fu prunwte hra![!ry(ifes[yfes:a+rdar+d ,ir+cl:N of J++r enci�nruner+tH[ALTH MAIN OF --;Cc- . STORNIWATER NIANAGENIENT RECOLNENMENDATIONS We recommend that stormwater be pretreated through a grassy dss afa pCioc 1 r disch�ge to the subsurface to prevent impact to groundwater an neers and architects involved with the d qualitv. The engiesign of this Per 1 and should obtain current best management practices for storm�vgroundwater and design a stormwacer management system that is preventing be used for guidance are: surface water degradation. Manuals that cold ate Of Idaho Catalog Of Stormwater Best 'Management Practiceor 1) St the Idaho Division Of Idaho Cities And Counties. prepared by Environmental Quality, July 1997- 2) S cormwa ter Best Maria., Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. scormwlcer 3/93:dty Z-7/ 90ise COunly Office TQ % i I. Arrr ;: C^6 ?I. Bc sz. tO J3 %:a C!tv�ri. N•3C1.,n:127•711019 327.74CC �grr; � tumnCn: J21.7�L:'3 rpC 127.1��a :� •afn ii.( Servir[; Valley, Elmore, Boise, and Ada Cour(des ONtce ACC -WI Office ita RCcer Base. i0 N Elmore COURT -1 �1Cunrc:n HC�"4.:C B:Cai VCS`:di•.(ii 7J521 Talley County Office 7-3 N. I ;[ j-e9r O. BCx I ezz NICCcn: 10. �h. C31•i ICa ;";(. 83-.21 T.l i Y • MERIDIAN PLANNING & ZONING MEETING: AUGUST 251999 ITEM _NUMBER: 8 __..,....T. n1UUAM F ENGINEERS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: COMMENTS COMMENTS COMING COMMENTS COMING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 611v OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SUBOVISION EVALUATION SHEET = Proposed Development Name SANTEE COMMERCIAL COMPLEX City Meridian Preliminary Stage XXX Final Date Reviewed 07/29/99 Engineer/Developer Pinnacle EnQr / Railside Development 99 of 3 The Street name comments listed below are made County members regardif the DthiOS developmentUNTY E'n NAME COMMITTEE (under direction of the Ad Engineer) g accordance with the Boise City Street Name Ordinance. EC�TVEI D °N. RALSTIN STREET" AUG 0 3 1999 City of Meridian City Clerk Office There are no new proposed streets for this develo ment. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITthe st street EE. ALL f the es signatures be officially be secured by the representative or his designee approved. ADA COUNTY STREET NAME COMMITTEE, ALREP11REPRESENTATIVES OR DESIGNEES sneer John PriesterDate Ada County Eng' UA Date Ada Planning Assoc. Ann Hurley City of Meridian Representativ v Date Fire District Meridian Representative ate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be si ned 11nl Subindex Street Index 3N 1 E 07 Z NUMBERING OF LOTS AND BLOCKS TMUBS%SV cmr.FW ADA COUNTY HIGHWAY DISTRICT AUG - 71999 Development Services Division Development Application Report CITY OF MERIDLAN Preliminary Plat - Santee/MPP99-013/MCUP99-027 Pine Road/Locust Grove Road Santee is a 23 -zero lot line commercial subdivision on 2.10 -acres. The applicant is also ��--� requesting conditional use approval for the commercial townhouses. The site is located on the west side of Ralstin Street, approximately 500 -feet south of Pine Avenue. This development is estimated to generate 200 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On April 10, 1996, the Commission reviewed and approved Railside Industrial Park, a 13 -lot industrial subdivision on 23 -acres. This application is a resubdivision of Lot 3, Block 2, of C}� Railside Subdivision. Roads impacted by this development: Ralstin Street Pine Avenue Locust Grove Road I ACHD Commission Date - August 11, 1999 - 7:00 p.m. L= C� a 0 C =1 G) W� E s N W E ZONING MAP S SANTEE COMMERCIAL COMPLEX NOISIAIO8nS )ItIVd 301si1vti OPBA N UB.I.S30WOM Sam C4 04spi U51seff G il C) — I I LN3MdO-GA3G MBIN ]�-, oY N1,LS-TV'9 HIEON ---i --------- --- 7"- - - - - - - - - - - r 2 Z` r -j < LU co U - - - - - - - - - -- Facts and Findings: A. General Information Owner Applicant I -L 4� 2.10 CIZ= 23 1 269 • i - Santee Construction - Bob Unger, Pinnacle Engineers - Existing zoning - Acres - Proposed zero -lot line commercial townhouses - Common lot - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Ralstin Street C� Local/commercial street with bike lane designation jNo traffic count available 200 -feet of frontage 58 -feet existing right-of-way No additional right-of-way required Ralstin Street is improved with a 41 -foot street section with curb, gutter and sidewalk abutting C�= the site. 'TJ Pine Avenue Collector street with bike lane designation Traffic count 2,765 on 11-4-97 0 -feet of frontage Pine Avenue is improved with 27 -feet of pavement with curb, gutter and sidewalk on the north side of the street. There is sidewalk only on the south side of Pine Avenue abutting the project site. Locust Grove Road Minor arterial with bike lane designation No traffic count available (staff estimation is 4,000 ADT) 0 -feet of frontage �+ C�= Locust Grove is improved north of Pine Avenue with 35 -feet of pavement with curb, gutter and sidewalk only on the west side. B. The applicant should locate a driveway approximately 100 -feet north of the south property line, as proposed. C. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Pave the driveway its full required width of 30 to 40 -feet and at least 30 -feet beyond the edge of pavement. SANTEE.CMNI Page 2 0 D. The applicant should be required to locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. E. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Locate a driveway approximately 100 -feet north of the south property line, as proposed. Pave the driveway its full required width of 30 to 40 -feet and at least 30 -feet beyond the edge of pavement. Ca 2. Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the C� location of any proposed gated entry with District staff. 3. Provide a cross access agreement among the internal lots for access to the public street system. Cross access 4. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity, The written request shall be submitted to the District no later than 9:00 a.m. on the day! scheduled for Commission CIZ= action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. L� 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The regucst for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. SAN-FEE.CMM Page 3 0 0 3. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. 4. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission, Contact Construction Services at 345 - Cl= 7667 (with file number) for details. :---4 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainagstorm water system shall retain all storwater on-site and shall conform to the requirements of the city or county having jurisdiction. C4:4 Public street drainage facilities shall be located in the public right-of-way or in a common lot C75 owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, constrict pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. C= 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage C�= ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight -triangle of all street and driveway intersections. SANTFUNM Page 4 9 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not �+ manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Any portion of a street which is required by the District to be designated as "no parking" shall be posted by the installation of standard "no parking" signs. A signing plan shall be sealed, signed and dated by a Registered Professional Engineer and submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the signing plan approval shall be completed prior to issuance of a building �} permit (or other required permit). 17. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these 4� restrictions on the plat/site plan and street construction plans. ,-Z= 18. Submit three sets of street construction plans to the District for review and appropriate_ action. 19. Provide design data for proposed access to public streets for review and appropriate action by ACHD. C= 20. All public streets and drainage systems shall be designed and constructed in conformance with C711= District standards and policies. 21. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 22. The applicant shall submit revised plans for staff approval, prior to issuance of building permit 4� (or other required permits), which incorporates any required design changes. ��. 23. 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. 24. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to constrict a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. SANTEE.CNIM Page 5 25. No change in the terand conditions of this approval shall be valid unless the in writing Y are g 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. 26. 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. I C-+= r-= C75 I C= C= Should you have any questions or comments, please contact the Development Services Division at 387-6170. SANTFE.04M Page 6