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HomeMy WebLinkAboutTen Mile Mini Storage AZ 99-016 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Ci ~- M C b CITY OF MERIDIAN oun~ ty em ers CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 7, 1999 TRANSMITTAL DATE: AUGUST 6, 1999 HEARING DATE: SEPTEMBER 14, 1999 FILE NUMBER: AZ-99-016 REQUEST: ANNEXATION/REZONE FOR TEN MILE MINI STORAGE BY: ED BEWS LOCATION OF PROPERTY OR PROJECT: WEST OF TEN MILE AND NORTH OF ENGLEWOOD CREEK ESTATES 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) YOUR CONCISE REMARKS: ` ~ • BR/GGS ENG/NEER/NG, /nc, T 1800 West Overland Road ElVCIIVEERS ~ PIANNERS ~ SURVEYORS Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com July 27, 1999 ANNEXATION/REZONE APPLICATION FOR TEN MILE MINI STORAGE Applicant: Ed Bews, 5204 Sorrento Drive, Boise, Idaho 83704, Phone: 867-1200 2. Mike King, 3735 N. Ten Mile Road, Meridian, Idaho 83642, Phone: 888-6863. 3. Affidavit of Legal Interest: Attached. 4. Legal description: Attached. 5. Present Land Use: The property is occupied with one single family dwelling and accessory buildings. 6. Proposed Land Use: Amini-storage facility consisting of nine (9) buildings and one (1) single family dwelling (residence/office). The enclosed area equal 164,904 square feet. 7. Present Zoning District: RT (Rural Transition) Ada County. 8. Proposed Zoning District: IL (Light Industrial). 9. The subject property lies adjacent to the Meridian Sewer Treatment Facility. The Sewer Treatment Facility is within the City limits and is zoned IL (Light Industrial). The subject parcel should be developed with a use that could coexist with the negative attributes of the treatment plant. We believe the mini-storage facility will be the perfect use next to the plant. The IL zone encourages "clean, quiet and free of hazardous or objectionable elements." The mini-storage use complies with the purpose statement for the IL zone. The zoning designation is consistent with the adjoining IL zone. 10. Amini-storage facility is compatible with many different uses (residential, commercial or office). These facilities generate limited traffic and have no connection to peak traffic hours. The facilities provide excellent buffers between residential and incompatible features (interstates, arterials and sewer treatment plants). A development agreement can be utilized for contract zoning to protect the site from any inappropriate uses. 11. The Comprehensive Plan designates this area as Agricultural/Rural Residential. The Comprehensive Plan under Rural Areas states,"Where community growth creates pressure for new 990405~Annex-rezone app ''' BRIGGS ENGINEER, INC. 1800 w. overland Roaa - B~, Idaho 83705 - (208) 344-9700 development, it must be recognized the agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly City growth and development." The City has targeted the area north of Ustick along Ten Mile Road as an area for major sewer extension. Extension of the sewer will traverse the subject parcel. Water service is available at the Ustick/Ten Mile intersection. With all of the necessary public services becoming available to the site, the parcel should be considered for development. Meridian Comprehensive Plan under Section 6.3 states "Rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided." Essential public services will be available to this site. 12. 100' scale map attached. 13. Thirty (30) vicinity maps attached. 14. List of property owners within 300 feet attached. 15. Fee attached. 16. Affidavit of Posting attached. 17. Affidavit of Accuracy attached. Sincerely, BRIIG NGINEERING nc. Becky L. Bow tt Land Use Planner BLB:fc Enclosures 990405~Annex-rezone app ~~~~~ TEN MII.E MINI STORAGE ~~ as ~ q 0 GRADING AND DRAINAGE PLAN ~~~~~~~ ~~w ~ OY YL trr fJ1n p/b/M R11 r010F3P~1 ~'. 70' tr rl^• Rr r.{rrrr '~Mr. ~rrllyr ~rY PARCEL OWNER OWNADD1 OWNADD3 OWNLAST S0434131200 JOHNSON C FRANK & JEAN E TRST JOHNSON C F & J E CO-TRUSTEES 4010 W USTICK RD MERIDIAN ID 83642-5483 Z S0434417752 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642-2631 .~J S0434417410 FOLDESI KAROLY V & MARGARET 3915 N TEN MILE RD MERIDIAN ID 83642-5409 'f S0434417200 HART DONALD G & DORIS M S 4015 N TEN MILE RD MERIDIAN ID 83642-5475 ~j S0434417703 CITY OF MERIDIAN FIRE DEPARTMENT 33 E IDAHO AVE MERIDIAN ID 83642-2631 7 S0434449601 S0434449602 G S0434449410 PETERSON LARRY K 3365 N TEN MILE RD MERIDIAN ID 83642-5409 /O S0434449500 IDAHO POWER CO 1221 W IDAHO ST BOISE ID 83702 // S0435325600 HUSKEY LEONARD RALPH 3630 N TEN MILE RD MERIDIAN ID 83642-5408 /Ii ~ ~) x ~, ~ 3 ~` ao , ~~ X z = ~~,sy CITY OF MERIDIAN 3 East Idaho Street, Meridian, ID 83 Phone: (208) 888-4433 Fax: (208) 887-4813 Ric-~~~ AU G 0 ~ 1999 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: SW 4 Section 34, T. 4N R.1W TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Industrial ACRES OF LAND IN PROPOSED ANNEXATION: 13.799 PRESENT LAND USE: Agricultural/Residential PROPOSED LAND USE: Mini-Storage Facility PRESENT ZONING DISTRICT: RT (Rural Transition) PROPOSED ZONING DISTRICT: IL (Light Industrial ) APPLICANT: ~ Bews ADDRESS: 5204 Sorrento Drive, Boise, ID 83704 PHONE: 867-1200 ENGINEER, SURVEYOR, OR PLANNER: Briggs En ink Bering, Inc. PHONE: 344-9700 ADDRESS: 1800 W. Overland Road. Boise Idaho 83705 OWNER(S) .OF RECORD: Mike Kind ~ PHONE: 888-6862 ADDRESS: 3735 N. Ten Mile Rd. , Meridian, ID 83642 Signa e o applicant _qq-o1E MasterAMeridian\anne~-rezone-mer • 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 FaX • To: Becky Bowrxrtt, Briggs Eng. Frons Brad Hawkins-Clark Fax: 345-29t50 Pagers: 1 Plwnee 344-9700 Dates 07119/99 Res E.L. Bews Mini-Storage Applications CC: ^ Urgent ^ For Reriew ®Plsase Conrnent ^ Please Reply ^ Please Recyds Becky, i've done an initial review of the sut~ed applications. Below are my comments and requests for missing items required in the Annexation and CUP applications: This application is complete and wiA be processed as submitted. However, the legal descxiption does not extend to the centerline of Ten Mde Road. Please rate that this will be r+equir+ed as part of the staff comments and a c;orrerx legal should be rye-subrr>rtted befa~e the City Council hearing. C.U•P. ~(? ,1~` item #10 requires that utilities be shown on the site plan. Please stow existing arxt/or proposed .. ~g ~L~~~sew~er', water and electric. Detailed on~ite utility sc~errratics are rat necessary -only where stubs .s ~~ ,~. will hods-up to the mains and whid~ side of Ten-Mile the e~asang power' irries run. ~? ~'` ~ Please submit one, 8'r4 x 11 ° copy of the elevations. ~: If signage will be proposed for the project, designate the location (in relationship to the RIV1n and type (i.e. pylon, mont~nerrt) on the site plan. If possible, irxlude a proposed rendering of the sign. Thanks, Becky. ~~~ ~ . .~, ~, LETTER •CJF TRAr~6M ITTAL BRIGGS ENGINEERING, Inc. 1800 West Overland Road Boise, Idaho 83705 Q 9 ~} PHONE: (208).344-9700 • FAX NO: (208) 345-2950 DATE ° ID N0. ~ ` ~ l2 TO , "` ~%~ I' ~~ /'~i/~l ~~ JOB NAME ~~/'V ~~`y `~ JOB ADDRESS ~ / ~"~ !~~'V ~ u /~ , /~ ~ f ` /t~i o/~ gTY, STATE V ~~ G!'~~5~ ~WE ARE SENDING YOU ^ SHOP ORAwrNGS ^ ENCLOSED ^ WE ARE RETURNING C~ _ ^ CHANGE ORDER COPY OF LETTER ^ UNDER SEPARATE COVER VIA PLANS OR/G/NALS ^ FEDERAL EXPRESS F/NAL PLA T SPEC/F/CA TIONS COURIER COMPUTER D/SK OTHER ^ COPIES DATED Ip N0. DESCRIPTION Mr1.~ ST r=f~r/l ~ T~' /~ o°~ co r /~C`Q-uEs ~/l.E .~'T. /~'>~ i. X /~ ~~~ ~ THESE ARE TRANSMITTED AS CHECKED BELOW ^ fGYP APPIPO~AL ^ APr°1QOl'£D AS S(/BI/ITIID ^ ^ FOP Yr7Y/R ANFGI'PAlA1JAN ^ APR?OVID AS NOIID ^ AS REGY/ESIID ^ REII/RNED FA? G1~PREC71l~YYS ^ ^ FaP RENEW AND LY~I/A/ENT ^ RTlli~' ^ ft~P B/QS WE ^ REMARKS RESUBMIT LL)°/ES FA'P AP1°RO~AL SUBA/lT laAgES FU? QYSIR/B(/IKW RETURN GLyPREC1ED PR/NIS COPY TO LETTER ~OF BRIGGS ENGINEERING, Inc. 1800 West Overland Road Boise, Idaho 83705 PHONE: (208). 344-9700 • FAX NO: (208) 345-2950 TO GI's-~r-~ of ~~~ ~ us- Ak. C~" WE ARE SENDING YOU ^ WE ARE RETURNING TRANSMITTAL DATE ~ ~~ ~~ ID N0. ~~ ~ ~~~ JOB NAME - - ` ~ fi't' -~ JOB ADDRESS qTY. STATE ^ SHOP ORA WINGS ^ CHANGE ORDER ^ ~'~PY OF LETTER PLANS ^ OR/G/NALS ^ F/NAL PLA T ^ SPEC/F/CA TIONS ^ COMPUTER D/SK ^ OTHER ENCLOSED ^ UNDER SEPARATE COVER VIA ^/FEDERAL EXPRESS ^ COURIER COPIES DATED ID N0. DESCRIPTION ~ ~5'~~ ~`~ ~~~ d~ tS-2 ~~~ THESE ARE TRANSMITTED AS CHECKED BELOW ^ ASP AP1~RO~AL ^ APPROI~D AS S7/BI//17ED ^ GYP Yr7Y/R /NFG14A/AAG'V ^ APRROI~ED AS NOIID ^ ~S RE(X/ES1ID ^ RETURNED FAQ GY~PREC7KWS ^ ^ fGI~ RENEW AND GY~IIA/ENT ^ PR/GE' ^ FGYP B/OS WE ^ REMARKS RESYIBM/T CA~/ES FU? APp1P0~AL S7JBAllT CGp/ES FA'P Q/SIR/BlI1!!,W RETURN G~A'PRECIED ~/NIS COPY TO ~1 l T SIGNED ~- AFFIDAVIT OF ACCURACY STATE OF IDAHO COUNTY OF ADA ss • I, Becky L. Bowcutt (Briggs Engineering, Inc.) 1800 W. Overland Road (name) (address) Boise Idaho, 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this 7 v~ day of (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~'~ ~~'~ ~ ~r~ r~ ,~pTA~~, ~ N ary Public~#ry- Idaho ~ ~ ~ Residing at ~/ZQ~ ®`.. q ~, +~~8 ~~,~ ~ My Commission Expires: ,A~~~ OF g9~® 990405\affid-accuracy • STATE OF IDAHO COUNTY OF ADA • AFFIDAVIT OF POSTING I, Donna Wilson, (Brig,,gs En ineering, Inc.) 1800 W. Overland Road (name) (address) Boise Idaho 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I will personally post the subject property with a hearing notice one week prior to the public hearing for annexation and conditional use. Dated this ~ ~ day of 19~~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~~ ~ ®,®® ~ ~~''~~B 1.~~ ~ ~ '~T~ F®~~A~' 990405\affid-posting N tary Publi r Idaho Residing at I S.r? My Commission Expires: ~IDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA (state) ss /d-~_ T`~ i r~ Name ~~, ,r a ~ i fi~,~, ~-~ ~~ ,being first duly sworn upon (city) 1. ~~ ~; ~ ~ Address oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to ~, G , ~~% , (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ day of J~ rv~_ , 19 (Sig tore) SUBSCRIBED AND SWORN to before me the day and year first above written. ~e~~~~~~~~~~~~, ~.~ y 1~1. rCq~. •,, ~= ,~•'~~9~°"'°''•~'~F°'; ary ublic f Idaho 9. Q- 'ae ~O~~~y~ <= esiding at ~.~~ ..~ J ~ ~ ~~ "'~ AV0 l~G '~ My Commission Expires: "~ ,,,,,' fgrf 0~ ~~~:~`'~~,,, ' • • FA-13U419/MLC Your No. KING/BEwS FIRST COMMIT:'iE*IT SGHEDITLE A TO: DANNY K. CAFFERTY REALTY, IIiC. CC: BRIGGS ENGINEERING 410 S. ORCHARD, SIIITE 196 2800 ~T. OoERLAND BOISE, IDAHO a02SE~ IDAHO 71TTN: DANNY ~I. CAFFERTY ' CCs FIRST 11MERICAN TITLE T321 POTOMAC DRIOE BOISE, IDAHO ATTNS TINA s~sSTH 1. .Commitment Date: MAY 24, 1999 AT ?z30 A.lL. 2. Policy or Policies to be issued: Amount Fes (X) (a) ~ TA Form 1402-92 10a17~92).00 $106$.00 AL ~ Proposed Insured: E.L. aEA6 ( ) (b) ALTA Form 1056092 (10-17-92) Proposed Insured: ( ) (c) Endorsements 3. Fee simple interest in the land described in this Commitment 1.s owned, at the commitatent Date by !iICS~iaL D. ?CINC- and ]CEZLIE ~,. KING, husband aad vile ~ • 4. The land referred to in this Commitment is situated in the cFa4-o of T~aar,~. Covnty of Ada. and is described as follows: SEE ATTACHED SCHEDULE C Address: 3735 TEN BILE ROAD, KEItIDI?~N, IDAHO 83642 MLC/kc 1 JL:`J-04-1999 17 ~ 23 208 939 5554 P ~ ~ • • Fd-130~};.9/~C Your No. KING/HEWS SCHEDULE H - Section 1 REQUYRII"iENTs The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c} Documents satisfactory to us creating the interest in•the land and/or `~ha Mortgage to be. insured must be 6igned, delivered and recorded. A (d} You must give the following information: 1. Releases} or Reconveyance(s} of item(s) AS 1rIEETS II~IBURED' a REOtJIREMEp'1'8 . (e) We require seller or Borrowers Affidavit provided and approved prior to recozding. ~_ J!.lN-04-1999 17 24 208 939 5554 P.03 t t~l- l .~ V ~- 1 ~ /l~J~.C Your No- KING/BEWS crvc~nrrr ~ u - cor-~; ..r ~ EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, intzrest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary ].fines, shortage in area, encroachments, or as~y other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) IInpatented mining claims; (b) reservations or exceptions in patents or in Acts authvriZing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. ' 6. Any liens, or rights to a lien, for services, labor or'. material theretofore or hereafter furnished, imposed by law and not shown by the public records. NOTE: The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. continued 3 JUN-04-1999 17=24 208 939 5554 P.04 • C] FA~130419/MLC Your No. KING/HEWS SCHEDULE B CONTINUED 7. General and Special Taxes for the year 1998, in the original amount of 5823.90, Code Area 242, A.P. No. S-0434-41-7600, first half paid, second half now due and payable, but not delinquent until after June 20, 1999. 8. General and Special Taxes for the year 1999, an accruing lien not due or payable until the fourth Monday in November 1999 when the bills are issued, the first half of which is not delinquent until after December 20, 1999. 9. Liens, levies and assessments of tl:e Nampa-Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. (Phone number 343-1884, for assessment information) 10. A Deed of Trust, dated March 10, 1982, to secure an indebtedness in the principal sum of $67,000.00. Recorded: March 11, 1992, as Instrument No. 8209740 Grantor: MICH.~IEL D. RING and XE:.LIE A. '_~?YC, husband and wife Trustee: PIONEER TITLE COMPANY OF ADA COIINTY 8enefieiary: JERRY L. & JOANNE SPENCER, husband and wife The Beneficial interest under said Deed of Trust was partially assigned to AMERICAN EQUITIES, INC., by Assignment recorded May 5, 1999, as Instrument No. 99045573, by mesne assignments of record. The Beneficial interest under said Deed of Trust has been partially assigned to PACIFIC AUTO WHOLESALE ,#1, INC., CRAIG A. SCRAPER, President, by Assignment recorded May 5, 1999, as Instru~aent No. 99045574, by mesne assignments of record. (TxE1tE RAVE BEEN ZTQMEROt1S A$SIGNliENTB RECORDED OF RECORD POA THE l~80VE DEED OF TRt1ST. IT I8 VERY UNCLEAR R8 '1'O NHO BAS TgE ENTIRE rarw~e~+~T _ qp ~T.t. tiTt!~_!T1 vy!TiTQT1'±~TTAM ~RQ~T Alm Off' R'A~ 71-BOQE LENDERS IS THE HOLDER OF THE EIQTIRE pCT$) 11. License Agreement for CREASON LATERAL, recorded July 25, 1994, as Instrument No. 94069460, Official Records. 12. An Easement over said land in favor of IDAHO POWER COMPANY, a corporation, for power lines and incidental purposes as set forth in an instrument recorded December 31, 1998, as Instrument No. 98126770, Official Records. 13. License recorded April Records. Agreement for CREASON LATERAL & FIVE MILE DRAIN, 10, 1998, as Instrument No. 98033250, Official continued a JUN-04-1999 17 25 208 939 5554 P.05 SCH_DUT.1E B CONTINIIED C FA-130419/MLC Your No. RING/BEWS 14. A Deed of Trust, dated December 17, 1998, to secure an indebtedness iri the principal sum of $50,344.50. Recorded: December 22, 1998, as Instrument No. 98123033 Grantor: MICHAEL D. KING and KELLIE A. KING, husband and wife Trustee: PIONEER TITLE COMPANY ` Seneliciary: FARM BUREAU FINANCE COMPANY 15. License Agreement for CREASON LATERAL, recorded February 9, 1999, as Instrument No. 49012600, Official Records. id. Any off-record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose. END OF SCHEDULE 8 INFORMATIONAL MOTES NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the com~aitment . NOTE: Ii you have questions regarding this commit~aent please contact: I+iAY L2p CAQLSEN, Commercial Title Offices, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. If you have questions regarding the escrow closing please contact: TINA SKITH, Escrov O!lieer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 POTOMAC DRIVE BoZSE, IDAHO 83702, or call (208)375-0700. 5 JUN-04-1999 17 25 208 939 5554 P•~ • FA--130419/MLC Your No. KING/BEWS SCHEDULE C A parcel of land lying in the Southeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: The South half of the Northeast Quarter of the Southeast Quarter of said Section 34; that part of the Southeast Quarter of the Southeast Quarter of Section 34, lying North of the Five Mile Government Ditch; and the Northwest Quarter of the Southeast Quarter of said Section 34. LESS AND EXCEPTING THEREFROM: Beginning at the Southwest corner of the Northwest Quarter of the Seutheast Quarter of Section 34, Towriship~4 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence North 0°12' East 55 feet along the North and South quarter section line; thence South 89°44' East 600 feet; thence South 0°iZ' West 55 feet; thence North 89°44' west 600 feet to the PLACE OF BEGINNING. ALSO LESS AND EXCEPTING THEREFROM: Beginning at the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 34, Township 4 North, Range 1 West Boise Meridian, Ada County Idaho; thence South along the East line of said subdivision 557.9 feet; thence North 88°42' West 73.4 feet; thence North 41°23' West 66.8 feet; thence North 58°23' West 93.2 feet; thence North 50°14' West 105.5 feet; thence North 41°34' West 147 feet; thence North 54°42' West 149.4 feet; thence North 65°20' West 1102.7 feet; thence ~,7C.ri.~ .7.~. °'~.'t•' i.~OC1'7.Jc. r Pe~~ ~ 4r}~enC.o. North 4°09' West 75.4 feet to a point on the North line of said Northwest Quarter of the Southeast Quarter; thence Easterly along said North line to the POINT OF BEGINNING. ALSO LESS AND EXCEPTING THEREFROM: Beginning at the Southeast corner of the said Southeast Quarter of Section 34, Township 4 North, Range 1 West Bo1Se Meridian, Ada County Idaho; thence North 0°53'14" East 1,107.89 feet along the Easterly boundary of the said Southeast Quarter of Section 34; which is also the continued 6 JUN-04-1999 27 25 208 939 5554 P•~ • FA-130419/MLC Your No. KINGJBEWS LEGr1L pESCRYPTION CONTINUED .._~_ ., tayc ~ centerline of Ten Mile Road, to a point on the centerline of Five Mile Creek, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°53'14" East 100.88 feet along the said Easterly boundary of the Southeast Quarter of Section 34 to a point on the centerline of Cresson Lateral; thence North 48°43'20" West 199.25 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly.alonq the said centerline of Cresson Lateral along a curve to the left 57.46 feet, said curve having a central angle of 10°47'40•" a radius of 305.00 feet, tangen~s of 23.82 feet, and a long chord of 57.38 feet bearing North 54°07'10" West to a point of tangent;~thence North 59°3i'o0" West 41.06 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the left 167.00 feet, said curve having a central angle of 31.10'00", a radius cf 307.00 feet, tangents Cf 85.52 feet and a long chord of 164.94 feet bearing North 75 ° 06' 00" West to a point of reverse curve; thence continuing Northwesterly along the said centerline of Cresson Lateral along a curve to the right 107.40 feet, said curve having a central angle of 10°08'00", a radius of 607.25 feet, tangents of 53.84 feet and a long chord of 107.26 feet bearing North 85°37'00" West to a point Of tangent; thence North 80°33'00" West 141.23 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Latera]. a~.ong a curve to the right 39.74 feet, said curve having a Central angle of 34°30'00"~ a radius of 66.00 feet, tangents of 20.49 feet and a long chord_of 39.14 feet bearing North 63°18'00" West to a point of tangent; thence North 46°03'00" West 98.38 feet along the said centerline of Cresson Lateral to a paint of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the left 57.08 feet, said curve having a central angle of 19°23'00", a radius of 168.00 feet, tangents of 28.82 feet and a long chord of 56.81 feet bearing North 55°47'00" West to a point of tangent; thence North 65°31'00" west. 115.81 feet along said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the right 29.80 feet, said curve having a central anq].e of 14°21'00", a radius continued 7 J(JN-04-1999 1?~26 208 939 5554 P.08 FA-130419/MLC Your No. KING/SEWS LEGAL DESCRIPTION CONTINUED Page 3 of 119.00, tangents of 14.90 feet and a long chord of 29.73 feet bearing North 58°20'30" West to a point of tangent; thence North 51°10'00" West 149.86 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve t4 the left 70.57 feet, said curve having a central angle of 15°44'00" a radius of 257.00 feet, tangents of 35.51 feet and a long chord of 7 0.3 5 feet bearing North 59°OZ'00" West to a point of tangent; thence Nort.~i 66°54'00" West 146.38 feet along the said cente=line of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the right 34.62 feet, said curve having a central angle of 21°06'00", a radius of 94.00 feet, tangents of 17.51 feet and a long chord of 34.42 feet bearing North 56°21'00" west to a point of tangent; thence No!~th 45°48'00" West 125.65 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the right 114.76 feet, said curve having a central angle of 37°28'00", a radius of 176.28 feet, tangents of 59.50 feet and a long chord of 112.74 feet bearing North Z7°09'00" West to a point of reverse curve; thence Northwesterly along the said Centerline cf C:sascr. Lateral a'_cng a curve to the left 145.77 feet, said curve having a central angle of 46°24'00", a radius of 180.00 feet, tangents of 77.15 feet and a long chord of 141.82 feet bearing North 31°42'00" West to a point of tangent; thence North 54°54'00" West 98.65 feet along the said centerline`of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the right 31.65 feet, said curve having a central angle of it°20'00", a radius of 160.00 feet, tangents of 15.88 feet and a long chord of 31.60 feet bearing North 49°14'00" West to a point of tangent; thence North 43°34'00" West 154.36 feet along the said centerline yr Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the left 143.4b fact, said ,curve having a central argls of '_4°36'00", a radius of 563.00 feet, tangents of 72.12 feet and a long chord of 143.0'7 feet bearing North 50°52'00" West to a point of tangent; thence continued a JLIN-04-1999 17 26 208 939 5554 P-~ • FA-130419/MLC Your No. RING/SEWS LEGAL DESCRIPTION CONTINUED Page 4 North 58°10'00" West 138.17 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Cresson Lateral along a curve to the right of 28.43 feet, said Curve having a central angle of 40°43400", a radius of 40.00 feet, tangents of 14.84 feet and a long chord of tangent; thence North 17°27'00" west 137.18 feet along the said centerline of Cresson Lateral to a point on the Northerly boundary of the said Southeast Quarter of Section 34; thence North 89°16'09" West 650.10 feet along the said Northerly boundary cf }~Y.e Sc:~t!:east QLartsr of Section 34 to a point mar:cirg the North rest corner of the said Southeast Quarter of Section 34; thence South 0°46'49" West 1,347.70 feet along the Westerly boundary of the said Southeast Quarter of Section 34 to a point on the said centerline of Fivemile Creek] thence South 89°04'20" East 433.18 feet along the Said centerline of Fivemile C7teek to a point of curve; thence Southeasterly along the said centerline of Fivemile Creek along a curve to the right 98.64 feet, said curve having a central angle of 16°46'20", a radius of 337.00 feet, tangents of 49.68 feet, and a long chord of 98.30 feet bearing South 80°41'10" East to a point of tangent; thence South 72°18'00" East 182.16 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline of Fivemile Creek along a curve to the left 117.40 feet, said curve having a central angle of 1441'10", a radius of 458.00 feet, tangents of 59.02 feet, and a long chord of 117.0'7 feet bearing ~ South 79°38'35" East to a point of tangent; thence south 86°59'10" East 940.67 feet along the said centerline of Five:n? 3e Cr'°°k to z point of curve; thence Northeasterly along the said centerline of Fivemile Creek along a curve to the left 99.31 feet, said curve having a central angle of 24°50'50", a • radius of 229.00 feet, tangents of 50.45 feet, and a long chord of 98.53 feet bearing North 80°35'25" East to a point of tangent; thence North 68°10'00" East 14'7.95 feet along the said centerline of Fivemile Creek to a point of curve; thence Northeasterly along the said centerline of Fivemile Creek along a curve to the right 53.16 feet, said curve having a central angle of 21°18'00", a radius of 143.00 feet, tangents of 26.890 feet, and a long chord of 52.86 feet bearing continued ti JUN-04-1999 17 27 208 939 5554 P.10 • t ~r_At, T~'~('17TOTTn*T C'f~TTTTTQTTZ.^T~ Page 5 -T FA-130419/MLC your No. RING/BEWS North 79°49'00" East to a point of tangent; thence North 89°28'00" East 360.49 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline of Fivemile Creek along a curve to the might 42.03 feet, said curve having a central angle of 37°03'00", a radius of 65.00 feet, tangents of 21.78 feet, and a long chord of 41.30 feet bearing South 72°00'30" East to a point of tangent; thence South 53°29'00" East 243.60 feet along the said centerline of Fivelnile Creek to the POINT OF BEGINNING. ALSO LESS AND EXCEPTING THEREFROM any portion of said property lying within TEN MILE ROAD. .~ 10 JUN-04-1999 17=27 208 939 5554 P.11 • DESCRIPTION FOR • ED BEWS KING PROPERTY JULY 27, 1999 A parcel of land lying in the SE'/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 34, T.4N, R.1W., B.M., thence N 00°53'33" E 1208.45 feet along the east line of the SE '/4 to a point on the centerline of the Creason Lateral; Thence N 48°37'35" W 32.92 feet along the centerline of the Creason Lateral to a point on the westerly right of way of N. Ten Mile Road, said point being the REAL POINT OF BEGINNING of this description; Thence continuing along the centerline of the Creason Lateral the following courses and distances: Thence N 48°43'08" W 166.87 feet to a point of curvature; Thence along a curve to the left 57.46 feet, said curve having a radius of 305.00 feet, a central angle of 10°47'40", tangents of 28.82 feet, and a long chord which bears N 54°06'58" W 57.38 feet to a point of tangency; Thence N 59°30'48" W 41.06 feet to a point of curvature; Thence along a curve to the left 167.00 feet, said curve having a radius of 307.00 feet, a central angle of 31°10'00", tangents of 85.62 feet, and a long chord which bears N 75°05'48" W 164.94 feet to a point of reverse curvature; Thence along a curve to the right 107.40 feet, said curve having a radius of 607.25 feet, a central angle of 10°08'00", tangents of 53:84 feet, and a long chord which bears N 85°36'48" W 107.26 feet to a point of tangency; Thence N 80°32'48" W 141.23 feet to a point of curvature; Thence along a curve to the right 39.74. feet, said curve having a radius of 66.00 feet, a central angle of 34°30'00", tangents of 20.49 feet, and a long chord which bears N 63°17'48" W 39.14 feet to a point of tangency; Thence N 46°02'48" W 96.38 feet to a point of curvature; Thence along a curve to the left 57.08 feet, said curve having a radius of 168.00 feet, a central angle of 19°28'00", tangents of 28.82 feet, and a long chord which bears N 55°46'48" W 56.81 feet to a point of tangency; 990405\bews. l Omile.des Thence N 65°30'48" W 11 ~ feet to a point of curvature; Thence along a curve to the right 29.80 feet, said curve having a radius of 119.00 feet, a central angle of 14°21'00", tangents of 14.98 feet, and a long chord which bears N 58°20'18" W 29.73 feet to a point of tangency; Thence N 51°09'48" W 149.36 feet to a point of curvature; Thence along a curve to the left 70.57 feet, said curve having a radius of 257.00 feet, a central angle of 15°44'00", tangents of 35.51 feet, and a long chord which bears N 59°01'48" W 70.35 feet to a point of tangency; Thence N 66°53'48" W 146.38 feet to a point of curvature; Thence along a curve to the right 34.62 feet, said curve having a radius of 94.00 feet, a central angle of 21 °06'00", tangents of 17.51 feet, and a long chord which bears N 56°20'48" W 34.42 feet to a point of tangency; Thence N 45°47'48" W 125.65 feet to a point of curvature; Thence along a curve to the right 114.76 feet, said curve having a radius of 176.28 feet, a central angle of 37°18'00", tangents of 59.50 feet, and a long chord which bears N 27°08'48" W 112.74 feet to a point of reverse curvature; Thence along a curve to the left 145.77 feet, said curve having a radius of 180.00 feet, a central angle of 46°24'00.",_ tangents of 77.15 feet, and a long chord which bears N 31°41'48" W 141.82 feet to a point of tangency; Thence N 54°53'48" W 98.65 feet to a point of curvature; Thence along a curve to the right 31.65 feet, said curve having a radius of 160.00 feet, a central angle of 11 °20'00", tangents of 15.88 feet, and a long chord which bears N 49°13'48" W 31.60 feet to a point of tangency; Thence N 43°33'48" W 154.36 feet to a point of curvature; Thence along a curve to the left 143.46 feet, said curve having a radius of 563.00 feet, a central angle of 14°36'00", tangents of 72.12 feet, and a long chord which bears N 50°51'48" W 143.07 feet to a point of tangency; Thence N 58°09'48" W 138.17 feet to a point of curvature; Thence along a curve to the right 28.43 feet, said curve having a radius of 40.00 feet, a central angle of 40°43'00", tangents of 14.84 feet, and a long chord which bears N 37°48'18" W 27.83 feet to a point of tangency; Thence N 17°26'48" W 137.18 feet to a point on the north line of the SE '/<; 990405\bews. l Omile.des Thence leaving the centerl~ of the Creason Lateral, S 89°15'5 21.05 feet along the north line of the SE '/4 to a point; Thence S 17°26'48" E 130.61 feet to a point of curvature; Thence along a curve to the left 14.21 feet, said curve having a radius of 20.00 feet, a central angle of 40°43'00", tangents of 7.42 feet, and a long chord which bears S 37°48'18" E 13.92 feet to a point of tangency; Thence S 58°09'48" E 138.17 feet to a point of curvature; Thence along a curve to the right 148.56 feet, said curve having a radius of 583.00 feet, a central angle of 14°36'00", tangents of 74.68 feet, and a long chord which bears S 50°51'48" E 148.16 feet to a point of tangency; Thence S 43°33'48" E 154.36 feet to a point of curvature; Thence along a curve to the left 27.69 feet, said curve having a radius of 140.00 feet, a central angle of 11 °20'00", tangents of 13.89 feet, and a long chord which bears S 49°13'48" E 27.65 feet to a point of tangency; Thence S 54°53'48" E 98.65 feet to a point of curvature; Thence along a curve to the right 98.89 feet, said curve having a radius of 200.00 feet, a central angle of 28°19'49", tangents of 50.48 feet, and a long chord which bears S 40°43'53" E 97.89 feet to a point; Thence S 87°56'57" E 91.02 feet to a point; Thence S 00°49'05" W 102.22 feet to a point; Thence S 89°13'34" E 1297.90 feet to a point on the westerly right of way of N. Ten Mile Road; Thence S 00°53'33" W 752.67 feet along said right of way to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 13.799 acres, more or less. Said parcel of land subject to right of ways or easements of record or in use. Michael E. Marks, P.L.S. No.4998 990405\bews. l Omile.des ** TX CONFIR~ON REPORT ** DATE TIME TO/FROM 12 04/12 16 20 PUBLIC WORKS AS OF APR 12 '00 16 22 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF--S 02'03" 009 166 OK i a rr ~ ~ ail 1l. F ~ ~ R~ ~ y! ~ i'` Phone: (208) 888-4433 Fax: (208) 888218 Fax Fax: Date: Phone: Pages: ^~ /URGENT ^ FOR REV{EW ^ FOR COMMENT ^ FOR REPLY I~~QG~ ~ /I.~.GDrc~ ~ ,461/yc~ l,~ ,d-o~'~-r~1 e -,. ** TX CONF~ION REPORT ** DATE TIME TOiFROM 13 04112 17 05 LEGAL DEPARTMENT [g~ o 0 N 111-\/I o ~7' ~ ~ d ~,a d p" r-+.i E t tLI W Z~ Z •rrr W ~ ~ C~ LL. o ,~ z ~W (a V J m AS OF APR 12-'00 17 06 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'53" 002 168 OK ** TX CONF I RI'1PITI ON REPORT ** AS OF FEB 02 '00 10 43 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 09 02102 10 41 PUBLIC IJORKS MODE MINiSEC PGS CMDtt STATUS OF--S 01'29" 006 042 OK Phone: (208) 88$-0433 Fax: (208) 888218 Fax To: Gary Smith From: Shelby Fax: 377-7371 Gate: February 2, 2000 Phone: Pages: 6 Re: 's Ordinance CC: o Urgent ^ For Review a Please Comment o Please Reply a Please Recycle Another one - We also need a map for Ed Bevvs' AZ 99-016 to recorcl the Orcinance. Thanks. Shelby. City of Meridian City Clerk's Office Phone: (208) 888-4433 Fax: (208) 888-4218 Fax To: From: Fax: Date: Phone: Pages: Re: ~~ ~~~ _ C)t~~~ Gc..n c~ CC: ^ URGENT ^ FOR REVIEW ^ FOR COMMENT c~ ^ FOR REPLY A$P/R 2 4 20"O~Od +Ci'~`~' ~~~ 1~~~D 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 21 April 2000 Bilmar, Inc. 5204 Sorrento Circle Boise, ID ` 83704 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Lane Use Change Application -Ten Mile Mini Storage -Preliminary Review Retum of Partial Fees Dear Bilmar, lnc.: The plans: for the .above-referenced development have gone through the preliminary review process by tha Water Superintendent, John P. Anderson, and it appears that all drainage will remain on site and that: there are no Nampa & Meridian Irrigation District facilities on site. Because of this, we are return $500.00 of the fees you submitted for Land Use Change review. Enclosed please find District Drainage Fund Warrant #1051 in the amount of $100.00 and Project Maintenance Fund Warrant#1050 in the amount of $400.00 for a total of $500.00. According to Mr. Anderson, if the above-referenced project is constructed according to the plans received, it does not appear thafi it will impact the Nampa & Meridian Irrigation District's operation. Please feel free to contact Mr. Anderson if you feel further comments are required. Sincerely, Donna N. Moore, Assistant SecretarylTreasurer cc: File Each Director Water Superintendent Asst. Water Superintendent Secretary/Treasurer John. Sharp Briggs Engineering, Stan McHutchison City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS ~ 40.000 4 • Meridian Ci Council Meetin Februa 1 2000 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert Corrie. Members present: Robert Corrie, Keith Bird, Cherie McCandless, Ron Anderson. Members absent: Tammy deWeerd. Others present: Gary Smith, Shari Stiles, Bill Gordon, Ken Bowers, Bill Nichols, Will Berg. Corrie: All right. I'll open the City Council meeting for February 1, 2000, at 7:30 p.m. I'll have roll-call first; Mr. Clerk. Thank you. Welcome everyone here this evening. It's nice to see the warm weather. In Washington D.C., it's cold and snowy and even the taxicab people didn't want to get out. Item A. Approve minutes of January 18, 2000, Special Pre-Council meeting: Item B. Approve minutes of January 18, 2000, City Council meeting: Item C. Dog License Agreement with The Pet Hospital: Item D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews -west of Ten Mile and north of Ustick Road: Item F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Item G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. -east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al -Block 1, Lots 16 and 17 Meridian City Council Meeti~ • February 1, 2000 Page 2 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Item I. Findings of Facts and Conclusions of law: VAC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC -south of Cherry lane, west of Ten Mile on Gray Cloud Way: Item J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L-O for proposed Magic View Office Complex by W.H. Moore Company -Eagle Road and Magic View: Item K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L-O zone for proposed Magic View Office Complex by W.H. Moore Company -Eagle Road and Magic View: Item L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit - Commercial subdivision mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Item M. Approve bills: Corrie: Okay. We have on the Consent Agenda tonight Items A through M. Council, pleasure on Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we pull Item D which is an agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., to Item 1A on the Regular Agenda; Item F which is the Findings of Facts and Conclusions of Law, pull that to 10B, we need to discuss something on that; Items I, J, K and L, table to 2/15/2000. If that's agreeable to Council, I'll make a motion that we accept the Consent Agenda as noted. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items D, F, I, J, K and L. Further discussion? I have Meridian City CounciLMe~ February 1, 20170 Page 3 one thing, Mr. Bird. On Item C and the dog license agreement - do you want to - we don't need to pull it. We discussed it earlier. Bird: Are we going to take that - I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll-call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Jerry Madison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an ~ '"~ Meridian City Council Meet February 1, 2000 Page 5 Bird: I have none. Item 1A. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Corrie: Okay. Item 1A which would be the agreement. If everyone is satisfied with the agreement as it's read with the addition of the words "as may be amended from time to time" in Condition 2.1, I'll entertain a motion. Bird: Mr. Mayor, I move that we approve the agreement with Cherry Lane Recreation, Inc., and the Idaho Independent Bank with the one addition on 2.1 under definitions, Page 3 at the end is "as may be amended from time to time" and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion is made by Mr. Bird, seconded by Mrs. McCandless to approve the agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., with the addition of definitions, Item 2.1, adding the words after CUP 99-009, "as may be amended from time to time." Is there any further discussion? Bird: I have none. McCandless: I have none. Corrie: Okay. With that, ('ll take roll-call vote; Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Let's just hope that that takes care of this. We've been on this trail for a long time. Glad to see it's come to where it's at. Thank you, JoAnne. We'll have that, like the attorney said, we'll have that tomorrow, and I'll sign it, and the bank can sign it, and the Clerk can sign it, and we'll be all set to go. Thank you for your time and patience. It's a long haul. Item 2. Ordinance No. 855: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews -west of Ten Mile and north of Ustick Road: Corrie: Item 2 is an Ordinance; request for annexation and zoning of I-L for Ten Mile Mini Storage by Ed Bews, west of Ten Mile and north of Ustick Road. At this time, I'll ask the City Clerk to read Ordinance -what Ordinance No. is it, Mr. Clerk? ' Meridian City Council Meeti~ February 1, 2000 Page 6 Berg: Mr. Mayor, 855. Corrie: 855. Okay, if you'll read it by title only. Berg: Thank you, Mr. Mayor. Ordinance No. 855: An ordinance finding that certain land lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated fight industrial district (I-L); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinances, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Thank you, Mr. Clerk. Is there anyone from the audience that would like to have Ordinance No. 855 read in its entirety? Hearing none, Council, I'll entertain a motion on Ordinance No. 855. Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 855, a request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews with suspension of the rules. Bird: Second. Corrie: Motion made and seconded to approve Ordinance No. 855 with a suspension of rules. Any further discussion? Hearing none, roll-call vote. Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Ordinance No. 856: AZ 99-020 Request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited ofi:lce by Woodbridge Community, LLC -south of East Franklin Road and east of South Locust Grove Road: Corrie: Item No. 3 is Ordinance No. 856, request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge N[ayar ROBERT D. CORRIE City Cuuncil Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEfI'H BIRD January 6, 2000 HUB OF TRE~tSURE UALf.~If • A Good Place to Live • CI~'Y OF MERIDIAN 33 EAST IDAHO N[ERIDIAN, IDAHO 83642 (208) 388-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 Ed and Shirley Bews 5204 Sorrento Drive Boise, ID 83704 Dear Mr. and Mrs. Bews: LEGAL DEPARTMENT ('_08)283-'_499 • Fax 288-250i PUBLIC WORKS BUILD[NG DEPARTMENT (208) 887-?211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (308) 834-5533 • Faz 387- 1297 Please find enclosed the Development Agreement being sent to you for your signatures. Please sign where indicated and return as soon as possible the City Clerk's Office at the above address. Thank you and please call if you have any questions. Sincerely, <~,~~ , ~~ Shelby Ugarriza City Clerk's Office enc. • • interoffice MEMORANDUM REcE~D To: William G. Berg, Jr. ~ DEC 2 3 1999 ~ CITY OF MERIDIAN From: Wm. F. Gigray, III Subject: ED BEWS /DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK / (AZ-99-016) Date: December 22, 1999 Will: Please find enclosed the new originals of the Development Agreement, Resolution and Certificate of the Clerk, in the above referenced matter. Since the property has been sold to Edward and Shirley Bews, husband and wife, a new Development Agreement has been prepared to reflect the new owners. Please submit the Development Agreement to the owners for signatures. I believe Council approved the Findings of Fact and Conclusions of Law for the above matter, so the Findings will need to be attached to the Development Agreement as .Exhibit "B". If you have any questions please advise. Z:\Work\M\Meridian 15360M\Bews\CC]kFfandDevAgmt122299.Mem Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KETI'H BIRD HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 November 30, 1999 Mike King 3735 N. Ten Mile Rd. Meridian, ID 83642 Dear Mr. King, 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 You will find enclosed the Findings of Fact and Development Agreement for your review. Please sign the Development Agreement where indicated and return all documents enclosed to the Meridian City Clerk's office at 33 East Idaho. Sincerely, G~,~~' Shelby E. arriza City Clerk's Office • • y~ ~.! N 0 Y 12 1999 interoffice c~~ ~~~ ~~ ~~ ~ rfx'°~ MEMORANDUM To: ~~+i~Iiam G. Berg, Jr. From: Wm. F. Gigray, III Subject: ED BEWS /ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT / (AZ-99-016) Date: November 9, 1999 Will: Please find enclosed the revised original Findings of Fact and Conclusions of Law and Decision and Order, together with the original Development Agreement, Resolution and Certificate of the Clerk, in the above referenced matter. Please note that I have revised the Findings of Fact at page 5 under 16.2 with the addition of the language in the sentence beginning with Due to the numerous .... the use herein granted shall be restricted to mini storage and attendant uses. I have additionally taken out 16.3 and re-numbered. Additionally, at page 12, I have made the same changes. I recommend that you obtain the needed signature of Mike Icing on the Development Agreement, and then schedule the Ordinance, which you already have for passage by the City Council, subject to the consent of the Mayor for placement upon an up coming council agenda. The Findings were passed on the 3rd of November so I recommend that you conform and file the original Findings and serve a conformed copy upon the Applicant, Planning and Zoning, Public Works and City Attorney. Additionally, you are already in possession of the annexation and zoning ordinance, which was forvvarded to your office on October 12, 1999. If you have any questions please advise. Z:\Work\M\Meridian 15360M\Bews\CCIkFfandDevAgmt.Mem RECQRQED-REffQLST QF ~: J,vrl ).lj. ZG~~~~ f3 F;n's f~37 3~1 ~Q0~~0~7 DEVELOPMENT AGREEMENT ~" ~`,~, ~ ~ , PARTIES: 1. City of Meridian 2. Edward L. Bews and Shirley G. Bews, Owners/Developers THIS DEVELOPMENT AGREEMENT (this "~eement"), is made and entered into this day of e~t,CCU.~ , by and between CITY OF MERIDIAN, a municipal corporat n of the State of Idaho, hereafter called "CITY", and Edward L. Bews and Shirley G. Bews, husband and wife, hereinafter called "DEVELOPER", whose address is 5204 Sorrento Drive, Boise, Idaho 83704. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and I.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Light Industrial (I-L), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-99-016) - 1 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~''~~ day of/Vo+~en~-1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; .and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from DEVELOPMENT AGREEMENT (AZ-99-016) - 2 • government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Edward L. Bews and Shirley G. Bews, husband and wife, whose address is 5204 Sorrento Drive, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3:3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-99-016) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 Due to the numerous uses that are currently permitted in the I-L zone the use herein granted shall be restricted, as the uses of the subject property allowed pursuant to this Agreement are only mini storage and attendant uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following use conditions: 6.1.1 This parcel is shown on the Meridian Comprehensive Pian as being Agricultural/Rural Residential. The property is adjacent to the Meridian Wastewater Treatment Plant. Signage may also be restricted via the development agreement and should be limited to one 4' x 8' monument sign as shown on the site plan. 6.2.1 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section S- 7-517. Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-99-016) - 4 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated DEVELOPMENT AGREEMENT (AZ-99-016) - 5 by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting DEVELOPMENT AGREEMENT (AZ-99-016) - 6 r ~ party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFOP:MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 1 S. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or DEVELOPMENT AGREEMENT (AZ-99-016) - 7 • three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c1o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Edward L. Bews and Shirley G. Bews 5204 Sorrento Drive Boise, Idaho 83704 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate DEVELOPMENT AGREEMENT (AZ-99-016) - 8 i • authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its oliligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein.. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ-99-016) - 9 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-99-016) - 10 i ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ~- BY: ~ % ~ ~~`~~ dwar L. ews Developer BY: f ~ - Shirle . Bews Developer CITY OF MERIDIAN BY. YOR ROBERT D. CORRIE Attest: --~ ~~~t,~~ nettN~y~r ,iC{,1 ~ ~ 'f''~ t *'' C1~ ~, ~ ~,~ CITY CLERK ~~''i~'I' ~ ~~~M BY RESOLUTION NO.~ '~ 9 ~,, f~ p~ r 9~ ~ ~•~~~. .,,f+A CCLr~~Y ` ```~~,, SJ ey/Z:\Work\M\Meridian 15360M\Bews\DevelopAgr DEVELOPMENT AGREEMENT (AZ-99-016) - 11 STATE OF IDAHO COUNTY OF ADA ss ~~°,~ On this ~ day of ~ , in the year 1-~, before me, /~~ a Notary Public, ersonally appeared Edward L. Bews and Shirley G. Bews, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledge to me having executed the Notary Public for Idaho / Commission expires: ,s~/~Z STATE OF IDAHO :ss County of Ada ) moo On this___~_~ day of , in the year 1~, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~.,.... .• •. ~~ o: ,c~; ~' ~ .N: :x; ~' ~ .~' ~ . //c ~, .a • ~ ~ s ls~) s , ' • • ~ i • ,~.q • ~~?~' OF~.•• ~•....• Nota blic for Idaho Commission expires: ~~~jijl00 DEVELOPMENT AGREEMENT (AZ-99-016) - 12 same. ~ ~ EXHIBIT A Legal Description Of Property A parcel of land lying in the SE 1/4 of Section 34, Township 4 North, Range 1 West,-Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 34, T.4N., R.1W., B.M., thence N 00°53'33" E 1208.45 feet along the east line of the SE 1/4 to a point on the centerline of the Creason Lateral; said point being the REAL POINT OF BEGINNING of this description; Along the centerline of the Creason Lateral; Thence N 48°37'35" W 32.92 feet to a point on the westerly right of way of N. Ten Mile Road; Thence N 48°43'08" W 166.87 feet to a point of curvature; Thence along a curve to the left 5 7.46 feet, said curve having a radius of 305.00 feet, a central angel of 10°47'40", tangents of 28.82 feet, and a long chord which bears N 54°06'58" W 57.38 feet to a point of tangency; Thence N 59°30'48" W 41.06 feet to a point of curvature; Thence along a curve to the left 167.00 feet, said curve having a radius of 307.00 feet, a central angle of 31°10'00" tangents of 85.62 feet, and a long chord which bears N 75°05'48" W 164.94 feet to a point of reverse curvature; Thence along a curve to the right 107.40 feet, said curve having a radius of 607.25 feet, a central angle of 10°08'00" tangents of 53.84 feet, and a long chord which bears N 85°36'48" W 107.26 feet to a point of tangency; DEVELOPMENT AGREEMENT (AZ-99-016) - 13 ~ ~ Thence N 80°32'48" W 141.23 feet to a point of curvature; Thence along a curve to the right 39.74 feet, said curve having a radius of 66.00 feet, a central angle of 34°30'00", tangents of 20.49 feet, and a long chord which bears N 63°17'48" W 39.14 feet to a point of tangency; Thence N 46°02'48" W 96.38 feet to a point of curvature; Thence along a curve to the left 57.08 feet, said curve having a radius of 168.00 feet, a central angle of 19°28'00", tangents of 28.82 feet, and a long chord which bears N 55°46'48" W 5 6.81 feet to a point of tangency; Thence N 65°30'48" W 115.81 feet to a point of curvature; Thence along a curve to the right 29.80 feet, said curve having a radius of 119.00 feet, a central angle of 14°21'00", tangents of 14.98 feet, and a long chord which bears N 58°20'18" W 29.73 feet to a point of tangency; Thence N 51°09'4$" W 149.36 feet to a point of curvature; Thence along a curve to the left 70.5 7 feet, said curve having a radius of 257.00 feet, a central angle of 15°44'00", tangents of 35.51 feet, and a long chord which bears N 59°01'48" W 70.35 feet to a point of tangency; Thence N 66°53'48" W 146.38 feet to a point of curvature; Thence along a curve to the right 34.62 feet, said curve having a radius of 94.00 feet, a central angle of 2I°06'00", tangents of 17.51 feet, and a long chord which bears N 56°20'48" W 34.42 feet to a point of tangency; Thence N 45°47'48" W 125.65 feet to a point of curvature; DEVELOPMENT AGREEMENT (AZ-99-016) - 14 Thence along a curve to the right 114.76 feet, said curve having a radius of 176.28 feet, a central angle of 37°18'00", tangents of 59.50 feet, and a long chord which bears N 27°08'48" W 112.74 feet to a point of reverse curvature; Thence along a curve to the left 145.77 feet, said curve having a radius of 180.00 feet, a central angle of 46°24'00", tangents of 77.15 feet, and a long chord which bears N 31°41'48" W 141.82 feet to a point of tangency; Thence N 54°53'48" W 98.65 feet to a point of curvature; Thence along a curve to the right 31.65 feet, said curve having a radius of 160.00 feet, a central angle of 11°20'00", tangents of 15.88 feet, and a long chord which bears N 49°13'48" W 31.60 feet to a point of tangency; Thence N 43°33'48" W 154.36 feet to a point of curvature; Thence along a curve to the left 143.46 feet, said curve having a radius of 563.00 feet, a cental angle of 14°36'00", tangents of 72.12 feet, and a long chord which bears N 50°5I'48" W 143.07 feet to a point of tangency; Thence N 58°09'48" W 138.17 feet to a point of curvature; Thence along a curve to the right 28.43 feet, said curve having a radius of 40.00 feet, a central angle of 40°43'00", tangents of 14.84 feet, and a long chord which bears N 3 7°48' 18" W 2 7.83 feet to a point of tangency; Thence N 17°2 6'48" W 13 7.18 feet to a point on the north line of the SE 1/4; Thence leaving the centerline of the Creason Lateral, S 89°15'57" E 21.05 feet along the north line of the SE 1/4 to a point; DEVELOPMENT AGREEMENT (AZ-99-016) - 15 Thence S 17°26'48" E 130.61 feet to a point of curvature; Thence along a curve to the left 14.21 feet, said curve having a radius of 20.00 feet, a central angle of 40°43'00", tangents of 7.42 feet, and a long chord which bears S 37°48'18" E 13.92 feet to a point of tangency; Thence S 58°09'48" E 138.17 feet to a point of curvature; Thence along a curve to the right 148.56 feet, said curve having a radius of 583.00 feet, a central angle of 14°36'00", tangents of 74.68 feet, and a long chord which bears S 50°51'48" E 148.16 feet to a point of tangency; Thence S 43°33'48" E 154.36 feet to a point of curvature; Thence along a curve to the left 27.69 feet, said curve having a radius of 140.00 feet, a central angle of 11°20'00", tangents of 13.89 feet, and a long chord which bears S 49°I3'48" E 2 7.65 feet to a point of tangency; Thence S 54°53'48" E 98.65 feet to a point of curvature; Thence along a curve to the right 98.89 feet, said curve having a radius of 200.00 feet, a cental angle of 28°19'49", tangents of 50.48 feet, and a long chord which bears S 40°43'53" E 97.89 feet to a point; Thence S 8 7°5 6'5 7" E 91.02 feet to a point; Thence S 00°49'05" W 102.22 feet to a point; Thence S 89°13'34" E 1297.90 feet to a point on the westerly right of way of N. Ten Mile Road; Thence continuing S 89°13'34" E 25.00 feet to a point on the east line of the SE 1/4 of said Section 34; DEVELOPMENT AGREEMENT (AZ-99-016) - 16 ~ ~ Thence S 00°53'33" W 774.06 feet along said east line to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 14.237 acres, more or less. Said parcel of land subject to right of ways or easements of record or in use. DEVELOPMENT AGREEMENT (AZ-99-016) - 17 ~ ~ EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT (AZ-99-016) - 18 ~ ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ED BEWS, THE APPLICATION FOR ANNEXATION AND ZONING OF 13.79 ACRES FOR TEN MILE MINI STORAGE, WEST OF TEN MILE, NORTH OF ENGLEWOOD CREEK ESTATES, MERIDIAN, IDAHO Case No. AZ-99-OI6 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 19, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Beclcy Bowcutt from Briggs Engineering, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS V ~ ~ zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 19, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 19, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 1 I , Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS • and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 13.79 acres in size. The property is located west of Ten Mile, north of Englewood Creek Estates. The property is designated as Ten Mile Mini Storage. 5. The owner of record of the subject property is Milce Icing, of 3735 N. Ten Mile Road, Meridian, Idaho. 6. Applicant is Ed Bews, of 5204 Sorrento Drive, Boise, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of one single family dwelling and accessory buildings. 8. The Applicant requests the property be zoned as Light Industrial (I-L). 9. The proposed site of the subject property is located west of Ten Mile Road, east of Englewood Creelc Estates, directly east of the Creason Lateral. 10. The subject property is bordered to the north, east and west by Ada County agricultural uses and the city limits of the City of Meridian are adjacent and abut to the south and southwest of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS J • Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: by construction and development of a mini storage facility consisting of 9 buildings for a total storage square footage of 164,904 and one single family residence/office. 14. The Applicant request zoning of the subject real property as (Light Industrial) IL which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Agricultural/Rural Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 16.1 Applicant shall cause a new legal description to be prepared for the annexation. The new legal descriptions shall be prepared to be adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS and contiguous to the boundaries of the existing corporate city limits as described in Ordinance 784(1-6-98). The legal descriptions shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 16.2 This parcel is shown on the Meridian Comprehensive Plan as being Agricultural/Rural Residential. The property is adjacent to the Meridian Wastewater Treatment Plant. Due to the numerous uses that are currently permitted in the I-L zone the use herein granted shall be restricted to mini storage and attendant uses. Signage may also be restricted via the development agreement and should be limited to one 4'x8' monument sign as shown on the site plan. 16.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Pian of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS • • 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS CJ • Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS ~ ~ services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Light Industrial, (I-L) is defined in the Zoning Ordinance at 11-2-408 B. 14. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens aid area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS • relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer Systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, this Section lists the uses allowed in the various zoning districts of the City; that mini storage is listed as permitted uses in the Light Industrial (I-L) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a mini storage facility on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning; that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.79 acres to Light Industrial Zone (I-L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.79 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS subject to de-annexation, with the City of Meridian, which provides for the following conditions of development to-wit: 3.1 This parcel is shown on the Meridian Comprehensive Plan as being Agricultural/Rural Residential. The property is adjacent to the Meridian Wastewater Treatment Plant. Due to the numerous uses that are currently permitted in the I-L zone the use herein granted shall be restricted to mini storage and attendant uses. Signage may also be restricted via the development agreement and should be limited to one 4'x8' monument sign as shown on the site plan. 3.2 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. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (I-L)-Light Industrial (§ 11-2-408 B 14 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~2~ day of 111 ~ ye tom- 6 ~ f' , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED C~~~~~ COUNCILMAN GLENN BENTLEY VOTED_Z~~ COUNCILMAN KEITH BIRD VOTED +/~~ COUNCILMAN CHARLIE ROUNTREE VOTED_~~~~c~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: f~ .Sn- ~9 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: Dated: ! `'~~ ty Clerlc msg/Z:\Worlc\M\Meridian 15360M\BewsWZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TEN MILE MINI STORAGE BY ED BEWS ** TX CONFIRMATION REPORT ** AS OF APR 24 '~14~29 PAGE.01 CITY OF MERIDIAN 09 DATE TIME TO/FROM 04/24 14 29 2088886854 MODE MIWSEC PGS CMD# STATUS EC--S 00'23" 001 080 OK C~'~V~;~ APR 2 4 2000 CY1".~ OF N~~IDIA1~1 %~l~ yr /I~82ud~CleG ~ ~~G~Ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 8 365 1-43 95 fAX # 208-463-0092 Phones: Area Code 208 21 April 2000 OFFICE: Nampo 466-7861 ' SHOP: Nampo 466-0663 Bilniar, Inc. 5204 Sorrento Circle Boise, ID 83704 RE: Lane Use'Change Application -Ten Mile Mini Storaoe -Preliminary Review Return of Partial Fees Dear Bilmar, Inc.: The plans for the` above-referenced development have gone through the preliminary review process by the Water Superintendent, John P. Anderson, and it appears that all drainage will remain on site and that there are no Nampa & Meridian Irrigation District facilities on site. Because of this, we are return $500.00 of the fees you submitted for Land Use Change review. Enclosed please find District Drainage Fund Warrant #1051 in the amount of $100.00 and Project Maintenance Fund Warrant#1050 in the amount of $400.00 for a total of $500.00. According to Mr. Anderson, if the above-referenced project is constructed according to the plans received, it does not appear that it will impact the Nampa & Meridian Irrigation District's operation. Please feel free to contact Mr. Anderson if you feel further comments are required. Silnncerely, (,, ~n /Donna N. Moore, ` Assistant SecretaryfTreasurer ca File Each Director Water Superintendent Asst. Water Superintendent SecretarylTreasurer John Sharp Briggs Engineering. Stan McHutchison City of Meridian enc. APPAO%IMATE IRRlGA6LE ACRES RIVER flow RIGHTS • 23,000 BOISE VROIECT RIGHTS • e0 000 • January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1.2000 APPLICANT: ED SEWS -ORDINANCE AGENDA ITEM NUMBER: L REQUEST: ANNEXATION AND ZONING TO 1-t fOR TEN MILE MINI STORAGE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~j MERIDIAN SCHOOL DISTRICT: ~ -1 Y MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ft/ ~, J CENTRAL DISTRICT HEALTH: ~ In3 E.} NAMPA MERIDIAN IRRIGATION: lJ~'/VV` '( SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. i • January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1 2000 APPLICANT: ED BEYYS -DEVELOPMENT AGREEMENT AGENDA ITEM NUMBER: REQUEST: ANNEXATION AND ZONING TO I-L FOR TEN MILE MINI STORAGE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: COMMENTS SEE ATTACHED DEVELOPMENT AGREEMENT ~~ aPf'J ~ ~~5 ~ IDAHO POWER: US W EST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ Za1 OTHER: Materials presented at public meetings shall become properly of the City of Meridian. G ~ ~,;~ I - CL ~ 1,r Cu,n fi Cc.Q,r.~ Ct c~-4 h ~S Gc. C b ~ ~ Q ~ ~~A-. i ~P ~ Meridian City Council Pre-~lincil Meeting November 3, 1999 Page 4 VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF PINE STREET AND TEN MILE ROAD: Stiles: Of course, the Valeri Heights recommendation was for denial. ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO 1-L FOR TEN MILE MINI STORAGE BY ED BEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MIN! STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED BEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: Stiles: The request for annexation and zoning to I-L with the conditional use permit for the mini-storage, Items 8 and 9. On the Findings for the annexation and zoning, Page 5, Item 16.2, it was left out part of our comments, so that's why it's an incomplete sentence there. We had asked that so it would read due to the numerous uses that are currently permitted in the I-L zone, a development agreement should be required as a condition of annexation. We also went on to say that there could be an outright restriction of certain uses, and, Mr. Gigray, if what we're approving as a condition -since we're doing it as an annexation and zoning with a conditional use permit, does that restrict that only to the storage unit proposal? Gigray: The conditional use permit should - I don't have the file in front of me - should specify the use which is granted by that permit. Stiles: But part of the development agreement, can we state that it is approved to be rezoned I-L but only for the use as they have proposed? And that will be the only use permitted? Gigray: Mr. Mayor, we do have a provision in our development agreement which describes approved uses in the development agreement, and, yes, we can include restrictions. You bet. And we do often. Stiles: That's what we would like to make sure that - I mean, either not planned residential development would be -could possibly be submitted through a conditional use permit if it's zoned I-L, there would be no restrictions on the use. The Item 16.2, it was taken from our comments on Page 2 of our comments dated September 14, 1999. Bird: (inaudible) Meridian City Counat Pre-~ncit Meeting November 3, 1999 Page 5 Stiles: It is also on Page 12, Item 3.1. And then for the conditional use permit, Item, let's see -the conditional use permit, Findings of Fact, Page 21, Item 2.35, the second sentence should read drainage swafe shall not be approved within the 20-foot wide planting strip adjacent to Ten Mile Road. So there should be a "not" added. Rountree: What Item are we on? Corrie: What number is that, Shari? Stiles: Did you get that one? Corrie: Are we on Item 9 or 8? Bird: Nine. Stiles: Yeah. On the conditional use permit, that was Page 21, Item 2.35. Corrie: Mr. Rountree, do we have a development agreement, Shari? Stiles: No. I haven't seen anything. Corrie: (inaudible) Bird: (inaudible) Bentley: The development agreement would be on Item 8. Bird: Yeah. Corrie: That's what she was asking. ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY ST. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: Stiles: Item 10, I don't have any new information on that. I haven't completely gotten through on the Findings on it. That was pretty straight forward except the public road issue. Then the rest of this is continued public hearings and new public hearings. Corrie: Anything else? Stiles: Unless you have some questions on any of them. Meridian City Council Mg November 3, 1999 Page 8 ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO I-L FOR TEN MILE MINI STORAGE BY ED BEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: Corrie: Item No. 8 is Findings of Facts and Conclusions of Law: Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews west of Ten Mile, north of Ustick Road. Staff comments? Stiles: None other than those in the Pre-Council. Corrie: Okay. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order with modifications to Items 16.2 on Page 5 to include the words in the fourth line after I-L Zone that the Development Agreement should be required and that it restrict the use to mini-storage and that the same modification be made on Page 12, Item 3.1 of the Decision of Order. Bentley: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bentley to approve the Findings of Facts and Conclusions of Law with a modification as stated in the motion. Any further discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On 3.2, I didn't think we was going to the the ditches -page 12. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I can't have reca(( on the motion, but I think the request was to waive that in the original request, and I thought our motion for this Finding and Fact reflected the waiver. It may not have. Bird: And also on that same paragraph down at the end, it says to lawn area between the back there, and we was just going to sterilize that ground. It's saying put lawn area in. That's not right. Isn't that right? w Meridian Ci Council Me tY g November 3, 1999 ~i Page 9 Rountree: Yeah. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Mr. Bird is correct on that. We did talk about not putting lawn back there but sterilizing. Bird: That was the way we approved the Findings of Facts. Staff, do you remember? Isn't that the way we approved that, and we weren't going to the the • ditches? Stiles: Not the Creason. If there's others, they would need to be tiled. Bird: Yeah. But the only one that was involved there, and we were just going to sterilize that because we weren't going to landscape it or do anything like that. (inaudible discussion amongst Council members) Corrie: Okay (inaudible) Bentley: Mr. Mayor, I move (inaudible) Mr. Rountree's motion second does the same. Corrie: (inaudible) Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move that we approve the Findings of Facts and Conclusions of Law with modifications to Item 16.2, Page 5 adding the words to the fourth line after I-L zone development agreement should be required and also to restrict the use to mini-storage. To modify Item 16.3 making reference that Council waives the requirement to the the Creason Lateral and not to provide for a lawn area in that area behind the storage buildings adjacent to Creason Lateral. Make those same modifications on Page 12 to Items 3.1 and 3.2. Corrie: Motion's been made. Is there a second? Bentley: Second. Corrie: Okay. Mr. Bentley. ' . ~ Meridian City Council M~g ~ November 3, 1999 Page 10 Bentley: Would that be to -you want to add the word "sterile" in there so that we make sure that we don't put weeds in there? Bird: Sterilize it. Corrie: I'm not going to use that word. Bird: How about sterilize the ground? Corrie: Well, if we're in discussion, I have a problem with sterilizing the ground adjacent to a body of water. They have to control the weeds by City Ordinance. Bentley: Okay. Corrie: Leave it as is. Bentley: Leave it as is. Corrie: Okay. Any further discussion? Okay. Any further -there is no discussion. Okay. All those -let's do the roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: THREE AYES, ONE ABSENT. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED BEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: Corrie: Item No. 9 is the Findings of Facts and Conclusions of Law: Request for conditional use permit for mini storage facility consisting of nine buildings and one single-family dwelling/office by Ed Bews, west of Ten Mile and north of Ustick Road. Any staff comments? Stiles: In keeping with the previous motion on Page 19 of the Findings would require a similar change for the Creason Lateral, and then also the one change Meridian City Counng October 19, 1999 Page 53 Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES N ITEM 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND REZONE FOR TEN MILE MINI STORAGE BY ED BEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: ITEM 14. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED BEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: Corrie: Item No. 13 is a public hearing. This is a request for annexation and rezone for Ten Mile Mini Storage by Ed Bews, west of Ten Mile and north of Ustick Road. At this time, we'll open the public hearing and invite the staff for first comments. Stiles: Mr. Mayor and Council, this is for the property that's. located immediately north of the Wastewater Treatment Plant on Ten Mile Road. It is designated in the Meridian Comprehensive Plan as being agricultural rural residential which requires a five to ten acres lots that they are residential uses. The staffs recommendation is that if this approved for annexation and zoning that the uses be restricted and that there be outright restriction of certain uses or the possibility also would be that this be the only use that's permitted on that lot. The light industrial zone that they've requested would be compatible with the Wastewater Treatment Plant. I talked to John Shawcraft, the Wastewater Treatment Plant operator, and he has no particular concerns with the project. I will, if I may, I would like to cover the conditional use permit at this time in my comments. They're proposing storage units along this entire perimeter. Would be storage units. They have added some landscaping and we have requested that the landscaping on this northern boundary be approved by our staff and that trees be planted at least 40 feet on center. They also would have the office/residence here. Staff would support leaving the Creason Lateral open provided that some kind of treatment is given to the land area here either through some kind of lawn or fescue or something of that nature. There are existing trees here as part of the Wastewater Treatment Plant's property. There's the road for the ditch rider, the Nampa Meridian Irrigation District is on the Wastewater Treatment side. One thing that Mr. Shawcraft has asked just verbally tonight in reviewing this plan, they are currently showing all of these units here to be open. He has requested that they at least be enclosed on the southern boundary here because of the Meridian City Counc, _:~ng October 19, 1999 Page 54 construction activities that are going to take place at the treatment plant. His concern is that there will be a lot of dust generated and the vehicles that are parked in this area will be covered with dust and they won't be very happy. Staff would support recommendation of this annexation and zoning and the conditional use permit with the conditions outlined in our report. There also will be a trunkline sewer -how big is that? I believe 30-inch trunkline sewer that will be extended from the treatment plant, and it will follow this 20-foot wide corridor all the way to Ten Mile, and that will start us on the way for the no-name trunk sewer. Corrie: Anything else from staff? Stiles: Do you have anything, Gary? Smith: I'm sorry, Mr. Mayor. No. I don't have any other comments to make. Corrie: Okay. Thank you. Okay. Developer. Okay, Becky, the Council has indicated that the members of the council that we might deal with the public hearing for both the request for the conditional use permit and also for the annexation and rezone -- Bowcutt: Yes, sir. Corrie: -- at the same time. Bowcutt: Yes, sir. That was my intent. Corrie: Thank you. Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. I'm representing the applicant in this matter. As Shari indicated, this adjoins the Wastewater Treatment facility. The Wastewater Treatment facility is also zoned I-L, and that's where this property is contiguous with the city limits at this time. Water is available in Ustick and Ten Mile intersection. It will be extended to the north with the project located on the northeast corner of Ten Mile and Ustick. We have contacted your water department and have received some analysis of what the flow rates are out there. They tell us they're 3,338 GPM at 20 PSI because that's one of the concerns with these types of facilities because you do, under the Uniform Building Code, are required to have firewalls at certain distances based on the amount of fire flow available. The property's about 13.79 acres, and based on the location, this is probably the best use that one can think of concerning what we have next door. This project -not that it's bad. Corrie: It's got to go somewhere Meridian City Counc,. _~~,_.,ng October 19, 1999 Page 57 Rountree: Becky, what's the distance between the buildings on the north and the property line with the treeline and my concern is if that's where the trunkline's going to go, is there sufficient easement in there for repair and maintenance? It's a little tight. Bowcutt: This dimension here is six and a half feet, and then in addition to that is 23.5. Rountree: Okay. So that'd be in the 23 feet? Bowcutt: So it'd be about 30 feet from the center of those trees, approximately, back to the edge of the building. Rountree: Thank you. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Becky, that Creason Lateral that runs along there - Bowcutt: Yes. Anderson: You had indicated that there was a possibility that you'd like to sterilize that. I guess I'd like to maybe see that as a condition if there's not landscaping done simply because I'm assuming there's probably no access to that, and it would just become a weed hazard if you didn't do sterilization or something back there. Bowcutt: Yes, sir. We would want to sterilize it because the ditch companies like to come through and burn them periodically, and that wouldn't be a good thing. So, yes, sir. We are not opposed to that being a condition of approval. Corrie: Okay. Any other questions? Bird: I have none. Corrie: Okay. Thank you. Anyone else who would like to issue testimony? The public hearing is open on 13 and 14, both the annexation and rezone and request for conditional use permit. Okay. (f there's no other testimony, I will entertain a motion to close the public hearing on Items 13 and 14. Bird: So moved. Bentley: Second. October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19 1999 APPLICANt: ED BEWS ITEM #: 13 REQUEST: ANNEXATION AND REZONE FOR TEN MILE MINI STORAGE 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 SEE ATTACHED RECOMMENDATIONS ~4 ~a ~~ ~P ~ ~~ ~i~1 OTHER; All Materials prese~rted at public meetings shall become property of the City of Meridian. ~ ~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 13.79 ACRES FOR TEN MILE MINI STORAGE Case No. AZ-99-016 RECOMMENDATION TO CITY COUNCIL BY ED BEWS INTRODUCTION 1. The property is approximately 13.79 acres in size. The property is located west of Ten Mile, north of Englewood Creelc Estates. The property is designated as Ten Mile Mini Storage. 2. The owner of record of the subject property is Mike Icing, of 3735 N. Ten Mile Road, Meridian, Idaho. 3. Applicant is Ed Bews, of 5204 Sorrento Drive, Boise, Idaho. 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of one single family dwelling and accessory buildings. 5. The Applicant requests the property be zoned as Light Industrial (I-L). 6. The proposed site of the subject property is located west of Ten Mile Road, east of Englewood Creek Estates, directly east of the Creason Lateral. 7. The subject property is bordered to the north, east and west by Ada County agricultural uses and the city limits of the City of Meridian are adjacent and RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING -TEN MILE MINI STORAGE - ED BEWS ~ ~ abut to the south and southwest of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: by construction and development of a mini storage facility consisting of 9 buildings for a total storage square footage of 164,904 and one single family residence/ office. 11. The Applicant request zoning of the subject real property as (Light Industrial) IL which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Agricultural/Rural Residential. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -TEN MILE MINI STORAGE - ED BEWS application, subject to the following: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 1.1 Applicant shall cause a new legal description to be prepared for the annexation. The new legal descriptions shall be prepared to be adjacent and contiguous to the boundaries of the existing corporate city limits as described in Ordinance 784(1-6-98). The legal descriptions shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 1.2 This parcel is shown on the Meridian Comprehensive Plan as being Agricultural/Rural Residential. The property is adjacent to the Meridian Wastewater Treatment Plant. Due to the numerous uses that are currently permitted in the I-L zone, a development agreement should be required as a condition of annexation. The development agreement may require all uses to be approved under the conditional use permit process and possibly provide for outright restriction of certain uses, particularly residential, with the exception of the single office/dwelling unit proposed. Signage may also be restricted via the development agreement and should be limited to one 4'x8' monument sign as shown on the site plan. 1.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Staff could support leaving the ditch open and fencing at the easement line provided the area between the Creason Lateral and proposed buildings is made a lawn area. 1.4 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. Z:\Work\M\Meridian 15360M\Bews\AZ.Rec RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -TEN MILE MINI STORAGE - ED BEWS ~ ~ Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 91 _ Barbeiro: Mr. Chairman, I move that we recommend to City Council request for condition use permit to construct storage units on unused portion of partial lot by Berta Wagner, northwest corner of Meridian Road and Taylor Avenue -- De Weerd: I second - Barbeiro: -- with staff comments. De Weerd: !second that. Borup: Okay. We have a motion to second. All in favor? Any discussion? All in favor? MOTION CARRIED: ALL AYES. Borup: Thank you. PUBLIC HEARING: REQUEST FOR ANNEXATION AND REZONE FOR TEN MILE MINI STORAGE BY ED BEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 9, public hearing to request for annexation and rezone of Ten Mile Mini Storage by Ed Bews. Brown: Mr. Chairman. Borup: Mr. Brown. Brown: Mr. Bews has hired my firm to represent him and I need to step down. Borup: Okay. (inaudible) Shari, we do have staff comments. Is there anything in particular you'd like to point out? Stiles: Mr. Chairman, Commissioners, just to give you some reference of where this is at, this is Ten Mile Road. This is the wastewater treatment plant. Crease and lateral runs through here, and that's where the proposed storage units are. I don't have anything to add to our comments dated today. Borup: Okay. The applicant is here, I think they'd like to make a presentation. Becky, are you getting your feel for how this meeting is moving, now? • • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 92 _ Bocutt: Yes, sir. Becky Bocutt, Briggs Engineering, 1800 West Overland. Please take my comments for -this is Item 9; include them in Item 10 for the record so I only have to get up here one time. Mini Storage facility, Shari indicate is next to the wastewater treatment plant. We have no sewer capacity issues on this one. The treatment plant is currently zoned I-L. We are asking for an I-L designation also, reason being only the I-L and the C-G zone have historically have been allowed to have mini-storage. I did submit a conditional use application with this to give the Commission added review because I didn't want this being a principal permitted use. We've got 164,904 square feet of mini storage; perimeter landscaping right here, 6-1/2 feet along here. The new no- name trunk will come through here, exit the property at Ten Mile. This is the crease and lateral runs here, 20 feet of landscaping along the eastern boundary next to Ten Mile Road. ACHD has reviewed the project and approved it; these are low traffic generators; they make good neighbors for treatment plants, and they're compatible with residential and other - Borup: Thank you. Mr. Foldesi would like to look at that and maybe someone else. Okay. Go ahead. Bocutt: Staff s comments, received those. We have reviewed them. For the record, Item 1 discusses piping the crease and lateral. Staff references 9605; that's in the subdivision ordinance. The reason for piping the laterals is typically ditch safety. I've got the treatment plant on one side and I'm going to have my mini-storage with my buildings backing up to the crease and lateral. If you want Council to address that, that's fine. I just want to go on the record that we disagree with Item 1 - or Condition 1. General requirements - Borup: (inaudible) then we'll give you a chance. Bocutt: Only other condition is Condition No. 13. According to Shari, the code asks for one tree per 1500 square foot of asphalt. Doesn't delineate between different types of uses. That's 200 trees. I don't have enough room for 200 trees, so we ask that No. 13 be removed. Shari addresses the landscaping in No. 15 asking for trees along the eastern boundary 40 feet apart and treys -and then you could include trees along the eastern boundary next to Ten Mile, same distance apart would come to a total of 68 trees if we put them 40 feet apart as Staff has asked, if I go with the 1500 square foot, I got 200 trees I got to find places to put, and I don't have that kind of room in amini-storage facility. So the perimeter landscaping is what's important. That's end. Borup: Thank you. Any questions? None from the Commissioners. Shari, would you have any comment on those two items? On the trees and on the. drainage? • • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 93 _ Stiles: Just to let Ms. Bocutt be aware that the part about the tiling of the ditchers, that is a subdivision and development ordinance that includes performance standards for all development, not just subdivisions. Bocutt: But when you're - when I read the ordinance, it just kept talking about subdivisions. Subdividers and so forth. Stiles: But it's also included under the performance standards for any development, so - Bocutt: So would we be required to submit a variance? Stiles: Variances, they don't have variances for those now. That's a waiver at City Council. Bocutt: So that's an issue with City Council. Fine. Stiles: You'll have to make your case with them. And as far as the 200 trees, I would love to see 200 trees there, but it is unrealistic - Bocutt: That's a tree farm. Stiles: -- for a storage facility. None of the storage facilities that we have, have we ever required that. That was basically taken by one of my staff directly out of the ordinances as a requirement, and we would look favorably on reducing that requirement in this case. We did have another comment made under general requirements that we could support leaving that ditch open provided they have some kind of -make that a lawn area or some attractive treatment between the buildings on the south and that crease and lateral. Barbeiro: Could we take a gander at that proposal (inaudible) Borup: Get your mike. Barbeiro: Could Itake alook - a gander at the proposed landscaping again? Borup: It's on your other sheet. Bocutt: The important thing, this is an unplatted, undeveloped parcel, currently agricultural with asingle-family dwelling to the north of us. This is Ten Mile here. The crease and lateral is here. The easement for the crease and late~`al is extending into here, running back behind this building; therefore, to plant~trees • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 94 _ within an easement of a ditch is bad, according to the Irrigation District. So if - and our neighbor there is the treatment facility. De Weerd: You can put it on their side. Bocutt: On the treatment plant side? As far as what we're going to do behind the building, Shari's recommended that we do something that's aesthetically pleasing. Our prefers would be not to have something too manicured, but something that would be lower maintenance behind the building; maybe some red fescue,. something along that lines. We'd consult, obviously, a landscape architect for his recommendations. I hate to have (inaudible) behind the buildings. And it's -and they'd have a tendency to probably - De Weerd: As long as it's maintained and watered so whatever you plant back there doesn't stand there and die. Bocutt: If you've got some of those drought-resistant varieties, they seem to do well. You can irrigate them minimally, and we'll have to irrigate, provide pressurized irrigation or underground sprinklers for the landscaped areas that are required. So you could hook it up there, and we've got an existing well on the property, also, that we're going to use as a second source. Barbeiro: With the current easement on the drainage, how much room do you have between the easement and the buildings? Have you slammed it right up against the easement? Bocutt: As you can see, this waterway varies. ft's meandering 30 feet. I believe it's 30 feet, and it's meandering, so at some points, it is -the building is just on the other side. The buildings do not encroach within the easement. Where there are some areas that we have room, we're going to pipe some of our strong drainage and have some retention in some swells back in this area. Staf~ does not want any drainage out here which we haven't. planned for it. It would go back in this area here and then in some of these enlarged areas there. Be piped under the buildings because you do got a lot of large surface area that we need to retain that storm drainage on site. De Weerd: And that's why you don't have trees back there? Bocutt: Yep. For the record, yes. Borup: Anything else? De Weerd: No. • • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 95 _ Borup: This is a public hearing. Do we have anyone who'd like to address the Commission? Foldesi: Yes. I have a question. My name is Karoly Foldesi. I live at 39'' S North Ten Mile Road. Right next to them. Borup: Okay. Foldesi: And I will question, what is that represents this - Bocutt: Typically that represents some type of structure. Foldesi: What is it? Bocutt: Is it on your side? Looks like it's on your side. Yes. It's on your side. Foldesi: Okay. Bocutt: Yes, it was close to the perimeter so they show it. Foldesi: Okay. I have a question about the trees (inaudible) big trees that are right be the -exactly north -property line, and they are all the trees. What they planning to do with those? I hope they not trying to cut them down. Borup: The trees are over the property line? Foldesi: No. They are right in the property line. Borup: They're near the property line. Foldesi: Uh-huh. Borup: Okay, I think - Foldesi: I don't want those trees to be cut down. Borup: Okay. Any other concerns? Foldesi: Another thing is the irrigation - Borup: Are those existing trees, Shari? • • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 96 _ Stiles: Yeah. Borup: All right. Stiles: They're shown on the - Borup: Oh. Okay. Sir. Foldesi: Yeah. Borup: See those four that she's showing there? Those are the trees you're talking about? Foldesi: Yeah. Borup: And they're planning on leaving those. Foldesi. Okay. Just making sure that - Borup: Yeah. That's why they drew it. They drew it right on the plat that way. Bocutt: They fall right in a landscaped area. Foldesi: Okay. Another thing is the irrigation ditch. Are they going to cover it up or leave it open? No front **"~ end of Tape 3, Side B; beginning of Tape 4, Side A "''* Bocutt: For the record, any irrigation ditches that traverse the property that service your parcel, we need to pike those, and we cannot disrupt your irrigation or any drainage ditches that traverse us and carry drainage onward, beyond us. Under state law, we have to coordinate that and provide that to you. Foldesi: Okay. I just wanted to make sure. Borup: Okay. That's why we have these hearings. So that will be provided. Okay. Thank you. Anyone else wish to address this commission? Okay. Commissioners, this is Item No. 9. This is a request for annexation and rezone. De Weerd: Mr. Chairman, I actually had an idea for Becky where she could put those trees. We have some local elementary schools who would love to have trees. Just down the road. i • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 97 _ Hatcher: Mr. Chairman. Borup: Mr. Hatcher. Hatcher: I move that we close the public hearing. Borup: Thank you. Barbeiro: I second the motion. Borup: Okay. We have a motion to second to close the .public hearing. All in favor? MOTION CARRIED: ALL AYES. Borup: Do you wish to make a motion on this now or wait for the conditional use? De Weerd: Yes, Mr. Chairman. I move that we recommend to City Council annexation and rezone for the Ten Mile Mini Storage to include aU staff comments. Barbeiro: All staff comments including the 200 trees? De Weerd: Yeah. To be used off site. No. Hatcher: You can't do that. Borup: (inaudible) verbal comments. De Weerd: Yeah. What number was that? Borup: Item No. 9. Oh. The staff comment on the trees? That was Item 13. Item No. 13 under conditional use comments, but we're on annexation and zoning. That was a conditional use comment. De Weerd: Okay. So I don't need to - Borup: No, you don't. De Weerd: -- include that. Hatcher: I second the motion. Borup: Motion second. Any discussion? All in favor? • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 98 _ MOTION CARRIED: ALL AYES. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED BEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 10 a request for conditional use permit for mini storage consisting of nine buildings and one single-family dwelling office by Ed Bews. Shari, any other comments? Stiles: No, sir. Borup: Do we have any additional comments from the applicant? She shook her head no, and she already incorporated her previous testimony into this application. Do we have anyone from the public who'd like to comment or testify? De Weerd: Mr. Chairman, I move we close public hearing. Hatcher: I second it. Borup: We have a motion to second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES. Borup: Do we have a motion? De Weerd: Mr. Chairman, I move that we recommend approval for the conditional use permit for Mini Storage facility by Ed Bews to incorporate all staff comments with the exception of Comment No. 13 under conditional use, specific comment. Borup: Do I hear a second? Hatcher: I second it. Borup: The motion is seconded. All in favor? MOTION CARRIED: ALL AYES. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR MULTI- FAMILY TOWNHOUSE RESIDENTIAL AND LIMITEQ OFFICE FOR VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF PINE STREET • ~r MERIDIAN PLANNING & ZONING MEETING: September 14 1999 APPLICANT: ED BEWS ITEM NUMBER: 8 REQUEST: ANNEXATION/REZONE FOR TEN MILE MINI STORAGE AGENCY COMMENTS 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: OTHER SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ^~~~ ~" ~~f All Materiahi presented at public meetings shall become property of the City of Meridian. ~~ti~,' ~, lams /1,bs, y F /D ~ ~~ ~ ~/iy/99 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 MEMORANDUM: September 14, 1999 To: Planning & Zoning Commission, Mayor and Cit c~ 3-,r~ ~ ~ 1 ~,' -~7~~ ~, r From: Bruce Freckleton, Assistant to City Engineer ~ 19 ~ ~.°, .~~ 5EP ~ .~: Shari Stiles, Planning & Zoning Administrator ~ ~ . {;itv ~;ierlc ~.oai~i~E Re: TEN MILE MINI-STORAGE by Ed Bews • • Request for Annexation and Zoning of 13.79 Acres from RT to I-L • Request for Conditional Use Permit for aMini-storage Facility Consisting of Nine Buildings with One Single-family Dwelling/Office. We have reviewed this submittal and offer the following commenxs, as conditions of the applicanx These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Staff could support leaving the ditch open and fencing at the easement line provided the area between the Creason Lateral and proposed buildings is made a lawn area. 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. ~ 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. 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. AZ-99-016/CUP-99-031 Ten Mile Mini Storage.AZ.CUP P&Z Commission/Mayor & Council September 14, 1999 Page 2 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance Section 11-2- 414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application does not include '/z of the adjacent Ten Mile Road right-of--way as required. Applicant shall cause a new legal description to be prepared for the annexation. The new legal descriptions shall be prepared to be adjacent and contiguous to the boundaries of the existing corporate city limits as described in Ordinance 784(1-6-98). The legal descriptions shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 2. This parcel is shown on the Meridian Comprehensive Plan as being AgriculturaURural Residential. The property is adjacent to the Meridian Wastewater Treatment Plant. Due to the numerous uses that are currently permitted in the I-L zone, a development agreement should be required as a condition of annexation. The development agreement may require all uses to be approved under the conditional use permit process and possibly provide for outright restriction of certain uses, particularly residential, with the exception of the single office/dwelling unit proposed. Signage may also be restricted via the development agreement and should be limited to one 4'x8' monument sign as shown on the site plan. CONDITIONAL USE COMMENTS 1. Anew 30-inch diameter sanitary sewer trunk line is to be installed along the northerly boundary of the proposed mire storage site. The proposed location would be 16.5 feet south of the north boundary line. This location would locate the trunk line approximately 10 feet south of the landscape planter, and more center of the driveway. Please provide the City with a permanent 20-foot-wide easement, centered on the pipe, for this line. 2. Sanitary sewer service to this site will be via an extension to the new trunk line as shown on the site plan. Applicant will be responsible to construct the sewer mains to aril through this AZ-99-016 CLIP-9931 Ten Mile Mini Storage.AZ.CUP • • P&Z Commission/Mayor & Council September 14, 1999 Page 3 proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 3. Water service to this site will be via extensions of existing mains installed adjacenrt to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department 4. Provide detailed signage plans for review and approval. Signage will be limited to one 4'x8' monument sign in the location shown on the approved site plan. Detailed signage plans will be subject to design review and separate permits. 5. Office area ofsingle-family dwelling unit shall meet all current Codes and comply with the Americans with Disabilities Act. 6 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 7. No fencing details were shown on the plan. Non-combustible fencing will be required for the boundary adjacent to Creason Lateral. Please submit details, considering public safety and aesthetics in the design. 8. Assessment fees for water and sewer service to the office/residence shall be determined during the building plan review process. 9. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 10. No drainage areas are shown within the project. State agencies recommend that drainage swales be used for pretreatment of stonmwater. Drainage swales shall not be approved within the 20-foot-wide planting strip adjacent to Ten Mile Road. 11. 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. 12. All driveways and parking areas are to be paved. AZ-99-016 CUP-9931 Ten Mile Mini Storage.AZ.CUP • P&Z Commission/Mayor & Council September 14, 1999 Page 4 13. One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be shown on face of landscape plan. 14. Provide detailed landscape plan for review and approval, including sizes and species of trees, bushes, and all proposed ground cover/treatment. 15. Solid walls of storage buildings are not aesthetically pleasing and need to be broken up by landscaping. Staff recommends that trees be placed at a minimum of 40 feet on center instead of the 70 feet shown on the northern boundary. The planting strip shall not be reduced below the 6.5 feet shown and may not encroach upon the 20-foot-wide sewer easement requested. 16. Provide minimum 20-foot-wide planting strip beyond required right-of--way of 48 feet from centerline of Ten Mile Road. 17. Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Dumpsters are not typically provided at storage facilities due to misuse. AZ-99-016 CUP-99=031 Ten Mile Mini Storage.AZ.CUP Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH. B IRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 7, 1999 TRANSMITTAL DATE: AUGUST 6, 1999 HEARING DATE: SEPTEMBER 14, 1999 FILE NUMBER: AZ-99-016 REQUEST: ANNEXATION/REZONE FOR TEN MILE MINI STORAGE BY: ED BEWS LOCATION OF PROPERTY OR PROJECT: WEST OF TEN MILE AND NORTH OF ENGLEWOOD CREEK ESTATES 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) . HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN Mayor ROBERT D CO HUB OF TREASURE VALLEY . ~ . RRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 238-2499 • Fax 288-2501 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT RON ANDERSON MERIDIAN, IDAHO 83642R //1~ (208) 888-4433 • Fax (208) 887-48l: f'~i ~ ' (208) 887-2211 • Fax 887-1297 KEITH BIRD . r ~ ~,,fi•~ City Clerk Fax (208) 888-4218 +d~~ PLANNING AND ZONING DEPARTMENT A~J~ ' n qq,~,~.~ 1 . (208) 884-5533 • Faz 887-1297 : r ,; ~ l~lertd~ ~ a~ : wafer Su t per.Ilte der;i TRANSMITTAL TO AGENCIES FOR COMM ENTS ON DEVELOPME NT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by.the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 7 1999 TRANSMITTAL DATE: AUGUST 6 1999 HEARING DATE: SEPTEMBER 14 1999 FILE NUMBER: AZ-99_016 REQUEST: ANNEXATION/REZONE FOR TEN MILE MINI STORAGE BY: ED BEws LOCATION OF PROPERTY OR PROJECT: -WEST OF TEN MILE AND NORTH OF G'Alrl c~ei~r.......~_--- --- TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P2 BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C t~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) YOUR CONCISE ~~Cki~~~ AUG 1 1 1999 CITY OF MERIDIA~VT CENTRAL CE ~~ DISTRICT 'ilf HEALTH DEPARTMENT AUG 1 6 1999 Retlurn to: ^ Boise ^ Eagle ~ezone /~ Z ~~~" -- ~f ~ ~,,T,,.,~;, ''~ ~ ~ ' ~ ~ _,! ^ Garden City -~" Meridian Conditional Use # Kuna Preliminary /Final /Short Plat ^ ACZ ~I. 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. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 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 ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store DISTRICT HEALTH DEPARTI~'IENT . l Environmental Health Division ^ child care center Date: ~/~/~ Reviewed By: ~.~ Review Sheet CDHD 10/91 rcb, rev. 7N7 ._ ~r ~ ;.. ,. _ _ , _ M il~~e- I~tn~ ~n_~ _~~~q- - ~o ~ov~er __ ~~~,. u,nrn~ ~S --___ r M~~ _ of ~_ r.-1'' hccded_d~a~u.n~u~~S __,IJS-~ -~__ -------- _ ~ ~- ~ _ _ _ ~~ -- -- _ _ ~~~ _~aq ~! _I~,o _~ubr~1___ ~r+ovv~ - -1~~ _ ~t nG~ _~ C~,l(~a_~ ~ ~~~.5 =- _ _ __-_ _- _ __ ~' S~p~ - t 2DO_ _ _l_- nti~ ~___~' hug---VV1o~r(~r~- c~ _ __------ - r ~ ._ _ _ _ __ - , _n~td w ~~~aar- r~.~,ord c„~ll_ _ dorw~u~-~' _~t~o~ irk ____ _ _ --- ___ _ _ _ V~~i.rl~cvi~ti will -1~~rv~. ___ __- _ ~t~~~rxs. ____--- --- _ _ _ _ . 1~~lgq _ ._ ~~~~qR s ~ 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 October 19, 1999, for the purpose of reviewing and considering the application of Ed Bews for annexation and rezone of 13.799 acres from RT to IL located west of Ten Mile and north of Ustick Road. Furthermore, the application requests a conditional use permit to operate a mini storage facility consisting of (9) nine buildings and (1) single family dwelling/office. 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 inspectio~i 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 24t" day of September, 1999. ANG L. SIMS, DEPUTY CLEP,K PUBLISH September 29 and October 13, 1999. 300 0 3b0 600 Feet CITY LIMITS BOUNDARY ,~ .- ~~-.,~ PROPOSED ti~ `-, AN N EXATIO N -, Y~ -,- -, o ~~ ___ ~_______ _ FIVE MILE CREEK r RT ~_ Z W F- R-4 USTICK ROAD BRIGGS ENGINEERING, INC. IN BRIGGS (208) 3449700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 MERIDIAN ANNEXATION KING PROPERTY PORTION OF THE SW 1/4 OF SECTION 34, T.4N., R.1W., B.M., ADA COUNTY, IDAHO N I DR B B I SC;LE 30a I DA 07!22198 I 990405 REVISION SHEET 1 OF 1 ~980405.APR ** TX CONF I RMA1~ REPORT ** AS OF SEP 24 '9~16~46 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 30 09/24 16 45 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'28" 001 142 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 October 19, 1999, for the purpose of reviewing and considering the application of Ed Bews for annexation and rezone of 13.799 acres from RT to IL located west of Ten Mile and north of Ustick Road, Furthermore, the application requests a conditional use permit to operate a mini storage facility consisting of (9j nine buildings and (1) single family dwelling/office. 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 24~' day of September, 1999. ANG L. SIMS, DEPU CLEP,K PUBLISH September 29 and October 13, 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 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Ed Bews for annexation and rezone of 13.799 acres from RT to IL located west of Ten Mile and north of Ustick Road. Furthermore, the application requests a conditional use permit to operate a mini storage facility consisting of (9) nine buildings and (1) single family dwelling/office. 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 23ro day of August, 1999. PUBLISH, August 25 & September 8, 1999. ILLIAM G. B RG, JR., I CLERK ~~ Sf c~c0 i .~,C' S~~L ~~ ~.~°~ ,, .: /'~,~--------rr rr-utttt ** TX CONFIRME~N REPORT ** AS OF AUG 23 '~13~44 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 09 08123 13 43 208 888 1097 MODE MIN/SEC PGS CMDtt STRTUS EC--S 00'32" 001 091 OK NOTICE OF HEARING NOVICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Ed Bews for annexation and rezone of 13.799 acres from RT to IL located west of Ten Mile and north of Ustidc Road. Furthermore, the application requests a conditional use permit to operate a mini storage facility consisting of (9) nine buildings and (1) single family dwelling/office. 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 23'" day of August, 1999. PUBLISH, August 25 & September 8, 1999. ILLIAM G. B RG, JR., CLERK ````I'llll ll ll 11111/// / O ~` = S]~~iL 9~' ~°j~ +O :~ x'.90. uSp 15~ ' \~~~ \~~` ,,, ,~ o uN~Mr • ~~ ''~\',~~~11111 X11„~~,~~~ . ~~~~r ,~ Y ~ ~ RECOROEC -REQUEST OF . . .. ~ ~ r ! 1 : ~ 1. -~yt~- ,,,`,,~' ~EE ~/ DEPUTY Z~ODAP2Q P~ 4~2~ ~j ~~~~~~~8 CITY OF MERIDIAN 1 L E COP Y f ORDINANCE NO. ~ S~ AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCE5, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land lying in the SE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of Section 34, T.4N., R. l W., B.M., thence N 00°53'33" E 1208.45 feet along the east line of the SE 1/4 to a point on the centerline of the Creason Lateral; said point being the REAL POINT OF BEGINNING of this description; Along the centerline of the Creason Lateral; Thence N 48°3 7'35" W 32.92 feet to a point on the westerly right of way of N. Ten Mile Road; ~~ ANNEXATION AND ZONING ORDINANCE - 1 Thence N 48°43'08" W 166.87 feet to a point of curvature; Thence along a curve to the left 57.46 feet, said curve having a radius of 305.00 feet, a central angel of 10°47'40", tangents of 28.82 feet, and a long chord which bears N 54°06'58" W 57.38 feet to a point of tangency; Thence N 59°30'48" W 41.06 feet to a point of curvature; Thence along a curve to the left 167.00 feet, said curve having a radius of 307.00 feet, a central angle of 31°10'00", tangents of 85.62 feet, and a long chord which bears N 75°05'48" W 164.94 feet to a point of reverse curvature; Thence along a curve to the right 107.40 feet, said curve having a radius of 607.25 feet, a central angle of 10°08'00", tangents of 53.84 feet, and a long chord which bears N 85°36'48" W 107.26 feet to a point of tangency; Thence N 80°32'48" W 141.23 feet to a point of curvature; Thence along a curve to the right 39.74 feet, said curve having a radius of 66.00 feet, a central angle of 34°30'00", tangents of 20.49 feet, and a long chord which bears N 63°17'48" W 39.14 feet to a point of tangency; Thence N 46°02'48" W 96.38 feet to a point of curvature; Thence along a curve to the left 57.08 feet, said curve having a radius of 168.00 feet, a central angle of 19°28'00", tangents of 28.82 feet, and a long chord which bears N 55°46'48" W 56.81 feet to a point of tangency; Thence N 65°30'48" W 115.81 feet to a point of curvature; Thence along a curve to the right 29.80 feet, said curve having a radius of 119.00 feet, a central angle of 14°21'00", tangents of 14.98 feet, and a long chord which bears N 58°20'18" W 29.73 feet to a point of tangency; Thence N 51°09'48" W 149.36 feet to a point of curvature; Thence along a curve to the left 70.5 7 feet, said curve having a radius of 257.00 feet, a central angle of 15°44'00", tangents of 35.51 feet, and a long chord which bears N 59°01'48" W 70.35 feet to a point of tangency; Thence N 66°53'48" W 146.38 feet to a point of curvature; ANNEXATION AND ZONING ORDINANCE - 2 Thence along a curve to the right 34.62 feet, said curve having a radius of 94.00 feet, a central angle of 21 °06'00", tangents of 17.51 feet, and a long chord which bears N 56°20'48" W 34.42 feet to a point of tangency; Thence N 45°47'48" W 125.65 feet to a point of curvature; Thence along a curve to the right 114.76 feet, said curve having a radius of 176.28 feet, a central angle of 37°18'00", tangents of 59.50 feet, and a long chord which bears N 27°08'48" W 112.74 feet to a point of reverse curvature; Thence along a curve to the left 145.77 feet, said curve having a radius of 180.00 feet, a central angle of 46°24'00", tangents of 77.15 feet, and a long chord which bears N 31°41'48" W 141.82 feet to a point of tangency; Thence N 54°53'48" W 98.65 feet to a point of curvature; Thence along a curve to the right 31.65 feet, said curve having a radius of 160.00 feet, a central angle of 11°20'00", tangents of 15.88 feet, and a long chord which bears N 49°13'48" W 31.b0 feet to a point of tangency; Thence N 43°33'48" W 154.36 feet to a point of curvature; Thence along a curve to the left 143.46 feet, said curve having a radius of 563.00 feet, a cental angle of 14°36'00", tangents of 72.12 feet, and a long chord which bears N 50°51'48" W 143.07 feet to a point of tangency; Thence N 58°09'48" W 138.17 feet to a point of curvature; Thence along a curve to the right 28.43 feet, said curve having a radius of 40.00 feet, a central angle of 40°43'00", tangents of 14.84 feet, and a long chord which bears N 37°48'18" W 27.83 feet to a point of tangency; Thence N 17°26'48" W 137.18 feet to a point on the north line of the SE 1/4; Thence leaving the centerline of the Creason Lateral, S 89°15'57" E 21.05 feet along the north line of the SE 1/4 to a point; Thence S 17°26'48" E 130.61 feet to a point of curvature; Thence along a curve to the left 14.21 feet, said curve having a radius of 20.00 feet, a central angle of 40°43'00", tangents of 7.42 feet, and a long chord which bears S 37°48'18" E 13.92 feet to a point of tangency; Thence S 58°09'48" E 138.17 feet to a point of curvature; ANNEXATION AND ZONING ORDINANCE - 3 Thence along a curve to the right 148.56 feet, said curve having a radius of 583.00 feet, a central angle of 14°36'00", tangents of 74.68 feet, and a long chord which bears S 50°51'48" E 148.16 feet to a point of tangency; Thence S 43°33'48" E 154.36 feet to a point of curvature; Thence along a curve to the left 27.69 feet, said curve having a radius of 140.00 feet, a central angle of 11°20'00", tangents of 13.89 feet, and a long chord which bears S 49°13'48" E 27.65 feet to a point of tangency; Thence S 54°53'48" E 98.65 feet to a point of curvature; Thence along a curve to the right 98.89 feet, said curve having a radius of 200.00 feet, a cental angle of 28°19'49", tangents of 50.48 feet, and a long chord which bears S 40°43'53" E 97.89 feet to a point; Thence S 87°56'57" E 91.02 feet to a point; Thence S 00°49'05" W 102.22 feet to a point; Thence S 89°13'34" E 1297.90 feet to a point on the westerly right of way of N. Ten Mile Road; Thence continuing S 89°13'34" E 25.00 feet to a point on the east line of the SE 1/4 of said Section 34; Thence S 00°53'33" W 774.06 feet along said east line to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 14.237 acres, more or less. Said parcel of land subject to right of ways or easements of record or in use. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial District (I-L). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE - 4 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~! day of ~ru~ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ `S~ day of cr/CvL~ , 1999. OR ATTE ,~~~~~ ITY CLERK T~, O ~~~~~s = ~ ee^^~~~ i ANNEXATION AND ZONING ORDINANCE - 5 STATE OF IDAHO,) County of Ada. ss. / 2~~0 On this l ~~ day of ,` • ~ CLZ , 1.~, before me, the undersigned, a Notary Public in and for said State, personal y appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. s!'~ ~~`~ :y'4;' 'pT '~ ;~~ (sEAI-) ;~; ~ ~ ~ a; ~ ~ ~ s ~ ~ ~~ ~ a .• •~~^~~~~ msg\Z:\Work\M\Meridian 15360M\BewsWZ.ORD G/%~. NOTA~ PUBLIC FOR IDAHO RESIDING AT: /~rcdtl~~~., ~~ MY COMMISSION EXPIRES: `12~Oo ANNEXATION AND ZONING ORDINANCE - 6 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 8.~~ passed by the City Council of the City of Meridian, on the 1 ~~ day of 1~~ ccr.~ 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. '~ ~~ ~~~~ WILLIAM G. BERG, jR. '-, O„~ 15~ ~ ,, STATE OF IDAI~O~,~~~1r+~,,,`~~~~` . ss. County of Ada, On this f ~~ day of f~ ric , in the year 1999, before me, ~~~ ~~ Glr/'% T~~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. •••srrrrr ~'~E. UG,q'• p TA,~; ~ • .~ti,''~' ,~ ~~: ~~T (SEAT,) a i ~ iN• ski ~ ~~o 7 ~ ~ a 1 lY ~ ' f r@\^r~• Notary ublic for Idaho Commission Expires: ~~2~'~Ob msg\Z:\Worl<WI\Meridian 15360M~Bews\CertificationOfClerlcOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN lint HGVNING LL1N111 LI N 39.30.48' V 4L06' L2 N 80.3248• V UI23' pD O Q LB N 747748• V 98.63' L9 N 4373'48• V 134.76' L10 N SB'09•/B• V l3&17' Lll N 17.26'48• V 13718' L12 S 891377 E 21.03' CURVE LENGTH RADIUS CENTRAL ANGLE TAN LWG CHORD CHORD C1 37.46• 303.00' 10.47'40' 28.82 N 34'06'38• V 37,38• C2 167A7 307A7 31.30.00' 83.62 N 73.0348' V (64,94' C3 107.40• 60723' 10'08'00' 3x84• N 8376'48' V 10786' C4 39.74' 66A0' 3470'00• 20.49' N 63.17'48• V 39x4• C3 77AB' I68A7 19.28'00' 28.82' N 33.4648' V 7GB1' C6 2987 139.00• 14'21'00• 14.97 N 38.20'18• V 29.73• C7 70.37• 27780• fYM'07 37_11' N 79.OlYB' V 70.33• C8 3462 94A7 21'06'00' 17.31• N 76'2748• V 34,42' C9 114,76' 17628' 37'18'07 79,77 N 27.08'48' V t1E.74' CIO 143.77• 180.00' 46'24.07 77,17• N 31.41.48• V 14182 CIl 3147' 16807 11'2700' 13.88• N 49.13.18' V 3160• C32 14x46• 363A7 1476'00• 72.12 N 7071'48• V 147A7• C33 2&43' 40.07 40.43'07 14.84' N 37.1718• V 2783• C14 3421' 20.07 4743'00' 7.42 S 37.48.18' E 1x92 LIS 14836• seao7 1476.07 74,67 S 307P48• E 148.16' C36 2749' 14007 11.20'00' faB9' S 49'13.48' E 2743' C17 9889' 200A7 28.19.49• 30.47 S 474373• E 9789' ~1~~~~`I,o~. -~~.U} .aS~W S$4`l3 ~N~~ ~~~. ~ w r .^~ 4~ ~ ~ C~ Cl~~ ' 3 t~lc ~' it ~, ' I C~G\ ~lS cPolfJo-1JGtr. t 10. 8y''S tvt _ S\ In .'i ` ~ J l `` '4 M ~N '~~ O Cw <8 G7 <G Gscy 43 Cy <7 ~6 'LS Ly ca C3 CI ~~N ~ _ _ _ Flvamile_ ~ _ _ _ ~ u l t -- - - ~---- __ j @i.41aNl..t l ;`\ l -1 `,~ \~ \ ~~ ~~L'1{i o2 W ~a.~;~' US71CK II ROADD \~ T.4n R.1 w SEC34 SGSLE: 1" - 300 FT 05/19/94 Cr®ted 6y: Ada Planning Assoc ., , , ., ^+