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Home My WebLink AboutGoade, John AZ"a~~ ` ` ~~., ,.~ 0~.. . Mayor ROBERT D. CORRIE Council Mem K CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE vALLE Y A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN PUBLIC V1~ORKS 33 EAST IDAHO BU[LDiNG DEPARTMENT MERIDIAN, IDAHO 83642 (208> 8s7-22 t t Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES ,FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY'OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 15. 1998 HEARING DATE:_January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION & ZONING OF 8.51 ACRES 3 BY: JOHN GOADE LOCATION OF .PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK. BETWEEN WALTMAN LANE & TEN MILE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P/Z _^KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C LENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGWEER -CITY PLANNER -CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) "BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: S ~' ,m C.. I ., f~~s,~ 4 (. 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N 5 x O d O .~- N 7 r _ ` -.` ,.. t(~,~ ~ x' - .x RtCOf?OEB - REQL`ES - . i\ f .,A : ~~ Y R ER .1. ~,~V10 NAYARRO ~~` ~ l _ ~~~,.,~ u 1~99~~22 °~12~3g ~~ 99039304 CITY OF MERIDIAN ORDINANCE NO. ~ ~j AN ORDINA.~ICE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAI~I, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQLiEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCLA_L (C-G) AND LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND 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 o~~mer of said Property to-wit: C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. 00° 13' 15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; • CJOHN'GOADE ANNEXATION AND ZONING ORDINANCE • • • Thence, N. 00°00'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55°08'27" W. 28.4.18 Eeet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03°18'53" E. to a point of ending of curve; Thence N. 61 °46' 13" E. 83.51 feet; Thence N.00° 13' 15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing I.62 acres. L-O ZONING PARCEL • A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13, said point being the POINT OF BEGINNING; Thence, N. 89°52'22" W. 143.09 feet to the centerline of the Ten Mile Drain; Thence along said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N. 62°02'20" W. 797.87 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; • JOHN GOADE ANNEXATION AND ZONING ORDINANCE 2 f • • Thence leavi ° ng said centerline, S. 89 54 50 E. 356.86 feet to the Southeast corner of Lot 18, Bloclc 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troutner Business Parlc, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41'16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and the East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1/I6 Line, S. 00°13'15" W. 166.93 feet; Thence, N. 89°46'45" W. 157.00 feet; • Thence, S. 00°13'15" W. 191.00 feet; Thence, S. 61 °46' 13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears S. 03'I8'S3" W. to a point of ending of curve; Thence, S. 55°08'27" E. 284.18 feet to said East 1/16 Line; Thence, S. 00° 13' 15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel containing 7.63 acres. 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. • JOHN GOADE ANNEXATION AND ZONING ORDINANCE 3 • • • SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (C-G) and Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTIONS: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and ..the owner of the land described in Section 1 dated the ~~~~ day of ~ r~ ~ , 1999. • SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. • JOHN GOADE ANNEXATION AND ZONING ORDINANCE 4 ~, ~~~~ ~ w~ 4 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisr 2~~day of ~~ ~ , 1999. APPR VED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this. 2~"- day of / ~ , 1999. ,_ ~~ti~t~~~a~~~~rsrrrr y ~~``~ -t ~ ,~~r'~~~ ATTE T: ITY CLERK _ ~~ msg\Z:\Work\M1Meridian 15360M\Goade\AZ. ORD.IIVPD 9 yo ~r~r ~s~ .'` ~~~. e ~~ JOHN GOADE ANNEXATION AND ZONING ORDINANCE E 5 .~. ,n. ^, , ~. ~ 3~ ~~ = °~! - ~~ ~~ ~~ ! ! ~~ ~~~~ ~~~ ~~ ~g s ~~~q ~~~~ ~~ N A f ~~ x~ ~' I 1 1 I O 1 1 I s e s s 0 Theldaho Statesman ,~, _ , , ~~ ~n.,_ P.O. Box 40, Boise, Idaho 83707-0040 - ~,; LEGAL ADVERTISING PROOF OF PUBLICATION " -~- ~ ~,.:. Account # DT!# Ide»titication Amount: 064514 297146 PUBLIC HEARING $168.58 Ordered by: P.O. # Rate Run Dates NT JULY 28, AUGUST 11, 2000 CITY OF MERIDIAN Number of Linea 33 EAST IDAHO STREET 56 X 2 MERIDIAN, IDAHO 83642 Affidavit Legal # 1 7885 `t'~pta ra ra ~ uaa~p., , ~~` p- t'' B RIC ~ ~i ~. ~ •z: * : -•- . . '°UB LLG '• q '~....••' ¢ ~.' •,~~~ T~ 0 F I~ P.•'~ ~~'~~uun~•t+•`~ JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of°twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for:, TWO consecutive weekly single consecutive daily odd skip insertion(s) beginning with the issue of: JULY 2 8 2000 and ending with the issue of: AUGUST 1 1 2000 COUNTY OF ADA On this i 1 day of AUGUST in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executeSi the same. Notary Public for Ida Residing at: Boise, Idaho My Commission expires: 4~ _, STATE OF IDAHO ) )SS :.. • • -~_ 'LEGAL NOTICE 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 hail, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on August 15, 2000_, for the purpose of reviewing and considering the applications af: CAY of Meridian for Consideration and review of proposed changes to the Landscape Ordinance; - Vicki Welker /Gold River Companies for proposed Valerie Heights Subdivision for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones; Preliminary Plat approval of )0 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 .. zones; and a Conditional Use Permit fora 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-O and R-15 zones all generally located at the north- east comer of Pine Avenue and Ten Mile Road; Gem Star Properties for proposed Autumn Faire Subdivision for annexation and zon- ing of 101.4 acres from RT to R-4 and Preliminary Plat approval for 263 building lots and 12 other lots on 78.4 acres generally located at the southwest comer of Black Cat and Ustick Roads; Gary Benoit for a request to vacate the alley intersecting East 1st Street between Pine Avenue and Idaho Streets on the east side currently in an OT zone generally located. at East 1st Street and Pine Avenue; Randy Ware for annexation and zoning of 2.297 acres from Rl to R-4 generally located _. _-_ _ .- a ran in an Lin r oa s; - Bond and Sheili Campbell for Preliminary Plat approval of 12 lots on 5.60 acres in an R-4 zone for the proposed subdivision The- Hollows generally located north. of Ustick ~•Road one-half mile east of Meridian Road; =' _ " Jahn and Sandra Goade for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29. acres foG proposed Waltman Court Subdivision generally located at Waltman _ `Lane and SW 5th; . .• r. -„ ,,: , •- :.,.. .~ ., -.; Rod and Sherrie Eisite for a request of a variance aNowing applicant~to-lower finish floor elevation below the Flood Plain because of the size of the site for Eagle Concrete Pumping currently in an I-L zone generally located at Baltic Place in the Meridian Business Park; - - Quadrats Consuthng for~annexation~and ionin9iof severi acres, more or less, for proposed LDS Church generally located south of Overland Road, east of Locust Grove Road on Charotais Dnve; :, „_ ~.. ,, .:~- , , , Steiner Devek~pmeM, LLC, for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins .Ranch Village planned-unit development; Preliminary Plat approval of 48 building lots with 1 existln9 home and 5 other lots on 10.19 acres; and a Conditional Use Permit for the planned-unit development consisting of 48 single-family lots ranging from 5252 to 9525 s.f. in a proposed R-8 zone all generally located south of Ustick Road and east of Black Cat Road; - --: '-- '~ ~-~_ :_. _._.. ~__.. _ . - .. r : _. ___ -~ _.. Chuck Elliot/EIGot Group, LLC, for annexation and zoning of 5.4 acres for proposed , Elliot Industrial Park for.office and shop in an 1-L zone, Preliminary Plat approval of two building lots on 5.4 acres, and Conditional Use Permit to construct office and shop all .generally located south of Fairview Avenue and east of Locust Grove Road on Wilson Lane; .:> , : _ :.: , The Bailey Company and TFCM AssCOCiafes, Lid., for a Conditional Use Permit for the construction of an ArDy's with adrive-thru on property in an I-L zone generally located ~ Pad P-2 within the Meridian Crossroads Shopping Cneter at the southeast comer of Eagle Road and Fairview Avenue. - ~; ~~ ~ ` Pub. Jul. 26, Au9.11, 2000 _- ~-'~ ~ ~ 7885 '~ • Meridian City Council Meeting April 20, 1999 Page 4 Corrie: Thank you. Is there anyone from the audience who would like to have Ordinance #820 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #820. Bentley: Mr. Mayor I move that we approve Ordinance #820 annexation and zoning of Thousand Springs with suspension of rules. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve Ordinance #822 with suspension of rules. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. -BIRD, YEA. MOTION CARRIED: ALL YEAS. 4. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADS (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): Corrie: Mr. Clerk, do we have a signed agreement on this one? Berg: Mr. Mayor and members of the Council, we do have a signed development agreement by the applicant. Corrie: Staff comments? Okay, Council have any questions? Bird: I have none. Bentley: I have none. Corrie: I'll entertain a motion on item number four. Bentley: Mr. Mayor I move we approve the development agreement for John Goade, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve item number four development agreement as stated in the motion. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. TABLED 4/6/99: ORDINANCE #821 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: ~ertifiied Mailing Retu Project Name~\~ ~ ~~ File No(s) ~~ ^~ ~~~ v Date of Hearing Name Address Reason for Return ~ ~~ ~~ ry . Meridian City Council Meeting April 20, 1999 Page 4 Corrie: Thank you. Is there anyone from the audience who would like to have Ordinance #820. read in its entirety? Hearing none, I'll entertain a motion for Ordinance #820. Bentley: Mr. Mayor I move that we approve Ordinance #820 annexation and zoning of Thousand Springs with suspension of rules. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve Ordinance #822 with suspension of rules. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 4. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): Corrie: Mr. Clerk, do we have a signed agreement on this one? Berg: Mr. Mayor and members of the Council, we do have a signed development agreement by the applicant. Corrie: Staff comments? Okay, Council have any questions? Bird: I have none. Bentley: I have none. Corrie: !'!! entertain a motion on item number four. Bentley: Mr. Mayor I move we approve the development agreement for John Goade, authorize the -Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve item number four development agreement as stated in the motion. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. TABLED 4/6/99: ORDINANCE #821 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: • • Meridian City Council Meeting April 20, 1999 Page 5 Corrie: Mr. Clerk, would you read the ordinance by title only please. Berg: Thank you Mr. Mayor. (ORDINANCE #821 WAS READ BY TITLE ONLY) Corrie: You heard the reading of the title of the Ordinance #821. Anyone from the audience who would like to have the ordinance read in its entirety? Any further discussion? I'll entertain a motion to Ordinance #821. Rountree: Mr. Mayor I move that we approve Ordinance #821, authorize the Mayor to sign and the Clerk to attest with suspension of rules. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve Ordinance #829 for the Mayor to sign and the City Clerk to attest. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA -NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4T" STREET: Corrie: Staff any comments on item number six? Gigray: Mr. Mayor, members of the Council, we have prepared at the request of the Council Findings of Fact and Conclusions of Law and Decision and Order in this particular matter, and I believe you have that in your packet. This has to do with the request for conditional use permit. I would point out in these Findings, I have included the Comprehensive Plan analysis of your decision, which is contained in part 12 thereof at page 8. That of course is part of any analysis of the Comprehensive Plan so I just want to draw that to your attention. You take judicial notice of your own Comprehensive Plan and those provisions are outlined there and then the conditions of the conditional use permit are set out in the Order of Decision and then the Order of Decision has also been prepared so that there's a separate Order of conditional use permit which would be signed by the Mayor if you authorize these findings and this. decision. The conditions of the approval are under part one of the Order of Decision starting at page 14 and running through page 17. There are 23 conditions on this one. Corrie: Thank you. Any other staff comments? Any other comments from Council? I'il entertain a motion on the Findings of Fact and Conclusions of Law on item number six. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law for the conditional use permit for Meridian Acres Subdivision and the Decision and Order. ~~ Meridian City Council Meeting April 20, 1999 Page 4 Corrie: Thank you. Is there anyone from the audience who would like to have Ordinance #820 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #820. Bentley: Mr. Mayor I move that we approve Ordinance #820 annexation and zoning of Thousand Springs with suspension of rules. Anderson: Second. .Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve Ordinance #822 with suspension of rules. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. ~~4. TABLED 416199: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): Corrie: Mr. Clerk, do we have a signed agreement on this one? Berg: Mr. Mayor and members of the Council, we do have a signed development agreement by the applicant. Corrie: Staff comments? Okay, Council have any questions? Bird: I have none. Bentley: I have none. Corrie: I'll entertain a motion on item number four. Bentley: Mr. Mayor I move we approve the development agreement for John Goade, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve item number four development agreement as stated in the motion. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. TABLED 4/6/99: ORDINANCE #821 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: G ` ~~ l~ RcCOR0E0-'REQI+ESt ~t1 C•: ~~ Y~ RECO, ER .l. ~,~Y1~ NAYARRO fE~~ P - _ .,~1 .0 1~99~P 2? ~;.a;^:3S ~~ 99039304 CITY OF MERIDIAN ORDINANCE NO. Ci' ~~ 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 GENERAL RETAIL AND SERVICE COMMERCIAL (C-G) AND LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND 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: C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R. 1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. 00° 13' 15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; JOHN GOADE ANNEXATION AND ZONING ORDINANCE t~ -_ • • Thence, N. 00°00'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55°08'27" W. 284.18 feet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03°18'53" E. to a point of ending of curve; Thence N. 61 °46' 13" E. 83.51 feet; Thence N.00° 13' 15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East 1/16 Line; Thence, S. 00° 13' 15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acres. L-O ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13, said point being the POINT OF BEGINNING; Thence, N. 89°52'22" W. 143.09 feet to the centerline of the Ten Mile Drain; Thence along said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N. 62°02'20" W. 797.87 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; JOHN GOADE ANNEXATION AND ZONING ORDINANCE 2 ~1 ~ • C~ Thence leaving said centerline, S. 89°54'50" E. 356.86 feet to the Southeast corner of Lot 18, Bloclc 3, said Franldin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troutner Business Parlc, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41'16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and the East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1/16 Line, S. 00°13'15" W. 166.93 feet; Thence, N. 89°46'45" W. 157.00 feet; Thence, S. 00° 13' 15" W. 191.00 feet; Thence, S. 61°46'13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears S. 03°I8'S3" W. to a point of ending of curve; Thence, S. 55°08'27" E. 284.18 feet to said East 1/16 Line; Thence, S. 00° 13' 15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel containing 7.63 acres. 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. JOHN GOADE ANNEXATION AND ZONING ORDINANCE 3 ~' `• • C~ SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (GG) and Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the ~ofti day of ' r~ ~ , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. JOHN GOADE ANNEXATION AND ZONING ORDINANCE 4 ~ ~ .. ~ ~ ~ ~~ ~~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2o~day of ~ ~ , 1999. , APPR VED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Zo'`'o day y of ~ ~ , 1999. `\~`t~tii~t~i~~trrrrrrrrr~, ~~ ~_~ ti` ~ ~ r~"i w V ITY CLERK - ~1~-i.:~ - msg\Z:1Work\M\Meridian 15360M\Goade~AZ. ORD.3IVPD 9~ 1 %i ~Q ~'T 151 ' ~+ `~~ ~' ~~`' ~~ .,~f q C, ``~. ~,, ~ _ `~. . rrrrrtft111 tttLNt~~~ i i , JOHN GOADE ANNEXATION AND ZONING ORDINANCE 5 ~~ ~$ ~~ ~~ ~~ v Q i a 0~6 - i ~ ~ r _' ~ L ~~ ~~~~ ~~~~ ~~ ~~ s ~~~q ~" ' ~~~ ~~~ el ~ i ~~ ~9gg~ r X +! i 1 O 1 s - _ s ~ • ~ Y • O . ~~ ~~ ~ q~o~~ 30 ~. ~~~, ~ ~~ ~(~-~ R~CORD~O • RE~U£5T 0 A A t;a RECORD ~ _ ,f. n Ip }1AnARRQ~EVELOPl~t~1 C~~~~EN ~CJ`~ - ~Q~ flv22 ~P~ t2'.~ ~$ ~~~t ENT AGRE ~1Qs3`.Q~eement"), is made and entered into this day of , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and JOHN GOADS, hereinafter called "DEVELOPER", whose address is 5855 Becky Drive, Meridian, Idaho 83642. 1. 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, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-G) and Limited Office District (L-O), 11-2-408 (B) (11) and 11-2-408 (B) (7) (Municipal Code of the City of Meridian), and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning ~ Zoning Commission to the Meridian City Council; and 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 DEVELOPMENT AGREEMENT -JOHN GOADS PAGE 1 -.. ~ . subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for 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 I.7 ° WHEREAS, City Council, the 2"d day of March, 1999, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated 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 I.9 WHEREAS, 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 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 been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian 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. DEVELOPMENT AGREEMENT -JOHN GOADE PAGE • 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial (C-G) and Limited Office District (L-O~ codified at section l I-2-408 (B) (I1) and I I-2-408 (B) (7) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 4.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, develop the subject property commercially for office complexes. 4.1.2 Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. 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 DEVELOPMENT AGREEMENT -JOHN GOADE PAGE r~ L~ description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 4.1.3 This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Parlc. It is unclear from the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the .requested zone. 4.1.4. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial and (L-O) Limited Office District Ordinance shall not be finally approved by the City Council until provisions of parts 1, 2 and 4 of this order have been met; and 4.1.5 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 subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 4.1.5 The legal descriptions submitted with the application annexation don't include 1/2 of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 4.1.2 Any existing irrgation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 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 Worlcs Department. No DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 4 • variances have been requested for tiling of any ditches crossing this project. 4.1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.1.4 A development agreement is required as a condition of annexation. 4.1.5 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 4.1.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.1.7 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4.1.8 Ten Mile Creelc is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 5 4.1.9 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 4.1.lOThere is an existing home on the site that was, at one time, being used as a weddin~banquet/reception hall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 4.1.11 Applicant shall extend a water supply system to the proposed site. 4.1.12Applicant shall install a hydrant at the proposed site. 4.1.13 The right-of-way of Ten Mile Drain must be addressed before the land is developed. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, 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. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT -JOHN GOADE PAGE ~ i 8. 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. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 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 connections with the Property, this Agreement may be modified or terminated 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. 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. 1 1.1 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 DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 7 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 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 within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 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. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That 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; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. 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. 15. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 8 or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian City 200 E. Carlton, Suite 101 Meridian, ID 83642 DEVELOPER: John Goade 5855 Beclcy Drive Meridian, Idaho 83642 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 15.1 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. 16. 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. 17. 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. 18. 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 authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 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 obligations under this Agreement. 19. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. 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. 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. 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 Clerlc. DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 10 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: ohn Goade CITY OF MERIDIAN Attest: ~1~``~1~~tyNlitlRbryflitj~''l'~- `G7 ~ City Clerlc - $~AL BY RESOLUTION NO. ~ 90 ~r yst .'`~ .` q ~~ ~i~~~i~~~~~ n~sr~s~~`~~ DEVELOPMENT AGREEMENT -JOHN GOADS PAGE 11 STATE OF IDAHO) :ss COUNTY OF ADA) On, this ` day of F-t1~(I I in the year 1999, before me, ~ ti , ' a Notary Public, personally appeared ~ ,known or identified to me, to be the individ 1 ~~vho executed the instrument, and acknowledged to me that he executed the same. 0,~~.'°•. ~yG ~'~ ..... ~jt ~ jJ !sire Q' .. ~ . ~... o _ qtr . pUBLZG .. sa ~ Avs~ .•~ O ~ f{ 1 1 / ~~ ota Publi for Idaho Commission expires: ~.S ~~~"' STATE OF IDAHO) :ss County of Ada ) On this a2,2 day of in the year 1999, before me, _ ~ ~.fa . ~ ~~,L`,._ ; , a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerlc, 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. .••`" - ~•~-•`,~~ p. O Ne• =wR tf~ Notary Public for Idaho ~ ~' Commission expires: //-D~.-O'~ * ~"' 1'UBL~G ~ v'~+ ••f ~ •'~• ml~ork~d\~~~ 15360M\Goade\DEV AGMT.wpd DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 12 i M EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 13 Exhibit "A" C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. 00° 13' 15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; Thence, N. 00°00'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55°08'27" W. 284.18-feet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03°18'53" E. to a point of ending of curve; Thence N. 61 °46' 13" E. 83.51 feet; Thence N.00° 13' 15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acres. L-0 ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13, said point being the POINT OF BEGINNING; • Thence, N. 89°52'22" W. 143.09 feet to the centerline of the Ten Mile Drain; Thence along said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N. 62°02'20" W. 797.87 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said centerline, S. 89°54'50" E. 356.86 feet to the Southeast corner of Lot 18, Bloclc 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troutner Business Parlc, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41' 16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and the East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1/16 Line, S. 00°13'15" W. 166.93 feet; Thence, N. 89°46'45" W. 157.00 feet; Thence, S. 00° 13' 15" W. 191.00 feet; Thence, S. 61°46'13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of Y 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears S. 03°18'53" W. to a point of ending of curve; Thence, S. 55°08'27" E. 284.18 feet to said East 1/16 Line; Thence, S. 00° 13' 15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel containing 7.63 acres. Msg/Z:\Work\M\Meridian 15360M\Goade\ExhibitA EXHIBIT B Findings of Fact and Conclusions of LawlConditions of AFproval DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOHN. GOADS, SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE, THE APPLICATION FOR ANNEXATION AND ZONING OF 8.51 ACRES, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR 1, .ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning Administrator, and the Applicant, Jim Howard of J.J. Howard Engineering appearing on behalf of John Goade, having appeared and testified, and no other persons having appeared and testifying in objection to the application, and the City Council having duly-considered the evidence and the record in this mattertherefore 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 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 16, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADS 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 February 16, 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 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, 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. 5. The property is approximately 8.51 acres in size. The property is located north of Waltman Lane and south of the Troutner Business Park. 6. The applicant and owner of record of the subject property is John Goade, of 5855 Becky Drive, Meridian, Idaho, and has filed a written request for annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE Y 7. The subject property is presently zoned by Ada County as Rural Transition (RT), and contains a dwelling commonly referred to as the "Waltman House". 8. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial, and (L-O) Limited Office District. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The proposed site of the subject property is south of Troutner Business Park between Waltman Lane and Ten Mile, at the southwest corner of Ustick and Meridian Roads. 11. Storage facilities abut to the east of the subject property. The property to the north of the proposed site is zoned (L-O) Limited Office District. The property to the east of the proposed site is zoned (C-G) General Retail and Service Commercial. 12. The city limits of the City of Meridian are adjacent and abut on the north and east of the subject property. 13. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 15. 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. 16. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE manner: extend the existing L-O District into the north and south of the subject property and extend the existing C-G District into the east of the subject property. Develop the subject property commercially for office complexes. 17. The applicant's requested zoning of the subject property as (C-G) General Retail and Service Commercial and (L-O) Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 18. Giving due consideration to the comments 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: 18.1 This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed for the .property. Applicant shall provide a map delineating the requested zone. 18.2 The legal descriptions submitted with the application annexation don't include '/2 of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 18.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • Department. No variances have been requested for tiling of any ditches crossing this project. 18.4 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. 18.5 A development agreement is required as a condition of annexation. 18.6 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 18.7 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 18.8 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 18.9 Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 18.10 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 18.11 There is an existing home on the site that was, at one time, being used as a wedding/banquet/reception hall. In order for this use to continue, all city FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 18.12 Applicant shall extend a water supply system to the proposed site. 18.13 Applicant shall install a hydrant at the proposed site. 18.14 The right-of--way of Ten Mile Drain must be addressed before the land is developed. 18.15 Applicant shall enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the property be subject to de-annexation, with the City of Meridian, which provides the conditions of the development as set forth hereinabove. 19. 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. 18, and all subparts, 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. 20. It is found that Findings numbers 18.3, 18.8, 18.9, 18.10 and 18.15 hereinabove set forth are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • y • 21. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits. 21. The Applicant's requested zoning of the subject real property as (C-G) General Retail and Service Commercial, and (L-O) Limited Office District is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as General Retail and Service Commercial and Limited Office District. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as (C-G) General Retail and Service Commercial and (L-O) Limited Office District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C-G) General Retail and Service Commercial and (L-O) Limited Office District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 25. There are no major or scenic features of major importance that affect the consideration of this application. 26. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE follows: 26.1 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. 26.2 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. 26.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 26.4 The application is consistent with Meridian's self identity. 26.5 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. 26.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26.7 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. 26.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADS 27. The property can be physically serviced with City water if the Applicant extends the line. 28. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 29. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights- of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94}, and'/2 of all other adjacent Public right-of-ways. 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. CONCLUSIONS OF LAW 1'. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50- 222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 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: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 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. 1.2 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. 1.3 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, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1Q AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING J JOHN GOADE Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. ~ Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map -Generalized Land Uses, . . .The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P: Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) 5. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goa{ Statement 2.1 U Require businesses and government to install and maintain landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of General Retail and Service Commercial (C-G} and Limited Office District (L-O), are defined in the Zoning Ordinance at 11-2-408 B. 11. and 11- 2-408 B. 7. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of, political subdivisions of the state, including school districts, to deliver .services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 7. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 8. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 9. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 11. 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). 12. 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 11-9-61.6 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. 13. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 14. Section 11-2-417 D of the Zoning and Development Ordinance provides 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 15. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial and (L-O) Limited Office District, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADS of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (C-G) General Retail and Service Commercial and (L-O) Limited Office District, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. 16. Section 11-2 417 D of the Zoning and Development Ordinance provides in part as follows: 16.1 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1.7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 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. Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. 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. 2. This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zone. 3. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial and (L-O) Limited Office District Ordinance shall not be finally approved by the City Council until provisions of parts 1, 2 and 4 of this order have been met; and 4. 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 subject to de- annexation, with the City of Meridian which provides for the following conditions of development to-wit: 4.1 The legal descriptions submitted with the application annexation don't include '/z of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 4.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.4 A development agreement is required as a condition of annexation. 4.5 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 4.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.7 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4.8 Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 4.9 As no plat or development .plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 4.10 There is an existing home on the site that was, at one time, being used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER'GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE wedding/banquet/reception hall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 4.11 Applicant shall extend a water supply system to the proposed site. 4.12 Applicant shall install a hydrant at the proposed site. 4.13 The right-of-way of Ten Mile Drain must be addressed before the land is developed. 4.14 Applicant shall enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the .property be subject to de-annexation, with the City of Meridian, which provides the condition~s-of the development as set forth hereinabove. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADS -, NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning 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 February 16, 1999. ROLL CALL COUNCILMAN ANDERSON VOTED -' COUNCILMAN BENTLEY VOTED ~' C COUNCILMAN BIRD VOTED ~~~~E, COUNCILMAN °A1~~~PJ VOTED ~1(%~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~~ - 99 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 CEIVF.D AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE BAR _ 2 ~ggg ~Y t~ 1[E~~ MOTION: APPROVE - -- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B ~%~~ City Clerk Dated: ~r ~ w l msg\D:\MyFiles\Meridian City File\GOADE AZWZ FFCL.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE i • MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: 4 REQUEST: DEVELOPMENT AGREEMENT FOR JOHN GOADE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERID-AN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 4/6/99 E - __ ^~ - ~~ P ~ " ~~~ ~' ~ V ~QC~~~ 2 z ~~~ 1 'I ~ ~ ~~'r~s~~ `~ ~~ ~ ~ BUREAU OF RECLAMATION: OTHER: AI Materials presented at public meetings shall become property of the City of Meridian. ~~I~t Ca ~Q,P~d~ a~2 - mow. ~' `~ • . MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 13 Corrie: Motion is made and second that we table item number 5 the ordinance #818 annexation and zoning of Thousand Springs Village Subdivision until April 20, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): 7. TABLED 3/16/99: ORDINANCE #819 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: Corrie: Is this one not signed either? Okay, I think there was also a legal that had to come in on that one. Mr. Rountree? Rountree: If we can't identify that this development agreement has been signed, Mr. Mayor I would move thaf we table items 6 and 7 until April 20tH Bird: Second. Corrie: Okay. Motion is made that we table item number six and seven which is also the annexation and zoning until 4/20/99. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor just a point of reference I think to the Council and myself is what's the difficulty in getting these signed? Are the developers and owners not liking the development agreements or are they just not getting them back to us or what's the situation? Stiles: We have changed the way we got the signatures on these development agreements. They are going through the City Clerk's office. I believe he sends them out. Maybe Will could address it more if he's getting any response once they're sent out. I don't exactly know what the process is any more on it. Berg: Mr. Mayor and members of the Council I was under the impression that the City Attorney was in correspondence with the developer on these new development agreements since the development agreements themselves come out of the City Attorney's office. Before we had the developer preparing the development agreement and we were checking them off the template as to the specific items. When we get them there is a copy sent to the developer but any correspondence with their disagreement to the development agreement goes to either city attorney or to the Planning and Zoning Department because those are the issues that attach Findings of Fact and Conclusions of Law and our conditions on that development agreement we usually don't have any response to them or ways of changing that or ways of explaining • • MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 14 ramifications of changing it, so after they are sent to them, we are waiting for their signature and they shouldn't be put even on the agenda unless we have the signature. Bird: So in other words they're coming out of the attorney's office to planning and zoning to you or just to you? Berg: I don't know if Shari gets a copy at all. Bird: They are originating out of the attorney's office, right? After we pass the motion or the deal then the attorneys write the development agreement up and that goes to you to be sent out to be signed? Berg: Yes, I believe so. That's the correct procedure. I don't believe the attorney's office sends them out to - Bird: And when they sign them, do they come back to you, the city clerk's office? Berg: Yes, they come back to me. Bird: Okay well if they don't come back and get them signed, we shouldn't have them on the agenda then. Rountree: If that's the process, then we've got that documented, I would make that suggestion that we don't have them on the agenda until we have them signed. Bird: Until the City Clerk's office has got a signed agreement. Corrie: Okay. Rountree: Mr. Gigray has got more instructions for us. Gigray: Mr. Mayor and members of the Council, I agree with the City Clerk. That is how it is done. We prepare these and then route them to the Clerk's office because they're the keepers of the record. And in this particular instance we had a property description problem and we couldn't even complete the annexation ordinance until that was approved by the Public Works Department and I believe we got that corrected information since this meeting was last so that's straightened out. We prepared a new exhibit to the development agreement with the proper legal, so I think we're just awaiting their signature on it is really the hold up on this one. Corrie: Okay. I will make sure that that's done before it's presented to me, Mr. Clerk. Berg: Mr. Mayor and members of the Council, I have a question to Mr. Gigray. Is it then proper just to have them directly ask you any questions or disagreements they have with the development agreement or should I funnel it some other directions? Gigray: No, excuse me. Mr. Mayor and members of the Council, Mr. Clerk, that's fine and I th' k th ' m at s what your office has been handling those and I appreciate it. Berg: Thank you. Corrie: Okay, any other questions? E • MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: 5 REQUEST: ANNEXATION 8. ZONING ORDI AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS ~• //c l ~ s(sc~ ~~ ~ k G'a~e v ~ ~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: -- All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 13 Corrie: Motion is made and second that we table item number 5 the ordinance #818 annexation and zoning of Thousand Springs Village Subdivision until April 20, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. TABLED 3/16/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): 7. TABLED 3/16/99: ORDINANCE #819 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: Corrie: Is this one not signed either? Okay, I think there was also a legal that had to come in on that one. Mr. Rountree? Rountree: If we can't identify that this development agreement has been signed, Mr. Mayor I would move that we table items 6 and 7 until April 20tH Bird: Second. Corrie: Okay. Motion is made that we table item number six and seven which is also the annexation and zoning until 4/20/99. Any further discussion? Hearing none, all those. in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor just a point of reference I think to the Council and myself is what's the difficulty in getting these signed? Are the developers and owners not liking the development agreements or are they just not getting them back to us or what's the situation? Stiles: We have changed the way we got the signatures on these development agreements. They are going through the City Clerk's office. I believe he sends them out. Maybe Will could address it more if he's getting any response once they're sent out. I don't exactly know what the process is any more on it. Berg: Mr. Mayor and members of the Council I was under the impression that the City Attorney was in correspondence with the developer on these new development agreements since the development agreements themselves come out of the City Attorney's office. Before we had the developer preparing the development agreement and we were checking them off the template as to the specific items. When we get them there is a copy sent to the developer but any correspondence with their disagreement to the development agreement goes to either city attorney or to the Planning and Zoning Department because those are the issues that attach Findings of Fact and Conclusions of Law and our conditions on that development agreement we usually don't have any response to them or ways of changing that or ways of explaining i ~ MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 14 ramifications of changing it, so after they are sent to them, we are waiting for their signature and they shouldn't be put even on the agenda unless we have the signature. Bird: So in other words they're coming out of the attorney's office to planning and zoning to you or just to you? Berg: I don't know if Shari gets a copy at all. Bird: They are originating out of the attorney's office, right? After we pass the motion or the deal then the attorneys write the development agreement up and that goes to you to be sent out to be signed? Berg: Yes, I believe so. That's the correct procedure. I don't believe the attorney's office sends them out to - Bird: And when they sign them, do they come back to you, the city clerk's office? Berg: Yes, they come back to me. Bird: Okay well if they don't come back and get them signed, we shouldn't have them. on the agenda then. Rountree: If that's the process, then we've got that documented, I would make that suggestion that we don't have them on the agenda until we have them signed. Bird: Until the City Clerk's office has got a signed agreement. Corrie: Okay. Rountree: Mr. Gigray has got more instructions for us. Gigray: Mr. Mayor and members of the Council, I agree with the City Clerk. That is how it is done. We prepare these and then route them to the Clerk's office because they're the keepers of the record. And in this particular instance we had a property description problem and we couldn't even complete the annexation ordinance until that was approved by the Public Works Department and I believe we got that corrected information since this meeting was .last so that's straightened out. We prepared a new exhibit to the development agreement with the proper legal, so I think we're just awaiting their signature on it is really the hold up on this one. Corrie: Okay. I will make sure that that's done before it's presented to me, Mr. Clerk. Berg: Mr. Mayor and members of the Council, I have a question to Mr. Gigray. Is it then proper just to have them directly ask you any questions or disagreements they have with the development agreement or should I funnel it some other directions? Gigray: No, excuse me. Mr. Mayor and members of the Council, Mr. Clerk, that's fine and I think that's what your office has been handling those and I appreciate it. Berg: Thank you. Corrie: Okay, any other questions? i MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: REQUEST: ANNEXATION AND ZONING ORDINANCE #819 FOR JOHN GOADE 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 ORDINANCE ~~ ~1 -Y~~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 7Z ~ ~,-.~ MERIDIAN CITY COUNCIL MEETING: APRIL 6 1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: REQUEST: DEVELOPMENT AGREEMENT FOR JOHN GOADE 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 DI5TRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: COMMENTS SEE ATTACHED DEVELOPMENT AGREEMENT ~~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: 2p~ BUREAU OF RECLAMATION: OTHER: ~~A/ll Materials presen~tedj~at public meetings shall become property of the City of Meridian. `tf 2 ~ `'"'`~`'"' ~..• ~~ , ,~; ~ III i JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. E GIGRAY, III D. SAMUEL]OHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE .. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internet @ wfg@wppmg.com a t William G. Berg, Jr. City Clerlc 33 East Idaho Street Meridian, Idaho 83642 ` ~~ March 30, 1999 YL NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE L. ~~~D 0 1999 'City of i~Iert~isa City ~ter~ ire Re: JOHN GOADE ANNEXATION AND ZONING REQUEST - Dear Will: Regarding the above referenced matter, please find enclosed a copy of the DEVELOPMENT AGREEMENT, EXHIBIT "A", and the ANNEXATION AND ZONING ORDINANCE for the above request. Please obtain the appropriate signatures on the Development Agreement, and .the Mayor and your signatures so it may be. presented at the City Council meeting on Tuesday, April 6th. If you have any questions, please give me a call. Verryy truly yours, pICTATED BY ATTORNEY AND SEPlT 1"~!1'!'sJ3 SIG~!~`+TJRE IPJ HIS ABSEfiDE Td AVOID DELAY Wm. F. Gigray, III 7:\Worlc\M\Meridian 15360M\Goade\ClerlcLtrMarch30 4 Meridian City Council March 16, 1999 Page 13 you get a signed development agreement because a condition of the annexation and the zoning designation is the signing of the development agreement and I believe we have prepared an ordinance for your consideration on this annexation and zoning designation but I wouldn't recommend you pass that until you have a signed development agreement. Bentley: Mr. Mayor I would move we table items 8 and 9 for Thousand Springs Development pending the signature of the development agreement. Rountree: Second. Corrie: Motion has been made by Mr. Bentley second by Mr. Rountree on items 8 and 9 to be tabled until April 6th meeting which entails the development agreement and also the Ordinance #818. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 10. DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): 11. ORDINANCE #819 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: Corrie: Mr. Gigray, you have some comments on this one? Gigray: Mr. Mayor my comments would the same as the last. I believe this also involves an annexation and zoning ordinance in addition to a development agreement and I would have to inquire as to the status of the development agreement. Corrie: Mr. Clerk. Berg: Mr. Mayor I do not have a signed development agreement. Bentley: Mr. Mayor I move we table items number 10 and 11 for John Goade development until we have the signed development, agreement to 4/6. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table items numbers 10 and 11, which is the development agreement and also the ordinance #819 until April &tn meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 12. APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION TO ADA COUNTY DEVELOPMENT SERVICES BY BRENT E. BARRUS: • MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: 10 REQUEST: DEVELOPMENT AGREEMENT FOR JOHN GOADE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED MEMO CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY H-GHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~~rr~ p1 "r f~ ~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. y ~ RE ~D . _~ ~ ~~ ~~ ~"~ ~ ( r MAR 1. Z 1999 i -n t. e r o~ f f i c e ~ ~ cl~ oF~Rin~v MEMORANDUM ! ~~~-~ ~~ ~~. To: Mayor Corrie, City Council and William G. Berg, Jr., City Clerk ce: Angel Sims < < From:: Wm. F. Gigray; .III > Subject: JOHN GOADE ANNEXATION AND ZONING/ITEM #10 & #11 File no. AZ-98-104 Date: March 12, 1999 Mayor Corrie, City Council and Will Berg: . Enclosure: Not applicable. Information: The Public Worlcs Department has notified us that they have telephoned the land surveyor for an updated survey4in accordance with staff :a review comments. They are to get this done and get the revised legal to Gary Smith. If our office should receive the corrected legal before 5:00 on Tuesday, March 16th, we will prepare the Ordinance and attach the Exhibit "A" legal to the Development Agreement. F Requested Action: I recommend that this matter be held from ,the March 16~' City Council agenda until our office receives the correct legal. 5 J i msg/Z:\Work\M\Meridian 15360M\Goade\MayorETCmemo031299 ~~ k t MERIDIAN CITY COUNCIL MEETING: MARCH 16,.1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: 11 REQUEST: ORDINANCE #819 -ANNEXATION AND ZONING FOR JOHN GOADE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED MEMO e~J wh~ l~ ~I~ C l~ BUREAU OF RECLAMATION: bTHER: Alf Materiels presented at public meetings shall become property of the City of Meridian. Mar-12-99 16:27 P_o2 • interoffice MEMORANDUM - _ 'i'o: Mayvr C'orric, City Council and William G. 13er~, Jr., City ('icrk cc. Angel Sims From: Wm. F. Gigray, I t I Subject: JOHN GOAnF ANNCXA'l~lON AND ZON1NCil"I'RM ~ilU <<'c ~1 1 Mile nc,. AZ-c)8-1U4 Date: March I2, l~~r~~ Mayor C:c~rrie, City Co1.~nci1 and Will Aer~; l~nclosuxe: Not. a~k~licablc~. )information: 'i'hc Public Works 1)e~~artmcnt. leas t,otificd us that Ihey have tclc~hu~+t~il t.hc laud survcycz'r Eur :an uk~datect survey lTl :cr.c:ordance with staff rt,vi~:w C1)ltU~-f.,11S. ~hkle}~ arcs t.a get this done altd gcG the re.visc`d legal tc~ C;ary Smith. If our c~ftiee should receive the c~rrrc ecd legal U~ fore S:UU ~n Tuesd:+v, March 1 t'~t.h, eve ~~ri)I ~rr.~are the ()rdi>:tancc anti attach the lrxhihit "A." Ic~;:il tc> tl~~ l~cvrlopmcrit Agrccnlrnl. Rec~uest.ed Acti.urt; i recUa,uztcnd th~al this tnatlcr be held frc~n~ Ih~, March 1 h''' C;icy Ctnxncil a~;ritda until our afi~irr• receives the currcx~t. lc~;al. n~ss~L;`,VVorkWI~,NIrr1<lia~i IS'3i~t)C\1\C~ua~i~•\ti'L•iyu[~I(-IYl~I11VU~I'1~17 MAR 12 '99 134? PAGE. 02 1 ~ ~ i~ ~ MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: JOHN GOADE AGENDA ITEM NUMBER: 6 REQUEST: ANNEXATION AND ZONING OF 8.51 ACRES AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 2/16/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE ATTACHED FINDINGS ~ Cl~.C~ F,(~ CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shalt become property of the City of Meridian. i MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 28 Corrie: Motion made by Mr. Bentleysecond by Mr. Bird to approve the preliminary plat for Thousand Springs Village by Martin Development Company, Inc. Any further discussion? Rountree: Just a question. Do we do that we before have the annexation and the development agreement? Corrie: I think we can. Gigray: Mr. Mayor and Councilman Rountree that's no problem on preliminary plat. It's just final plat that - Rountree: I don't have my book with me tonight. Bentley: You didn't do your homework. Rountree: It's suppose to be in my drawer and it's not here. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: Corrie: At this time I will open the pubic hearing on item number 11 and invite staff comments. Stiles: Mr. Mayor and Council this is the property that was once owned by Ruth Hunter that has what is referred to as the old Waltman house. There are no plans for any development of the property at this time that have been presented. For that reason we have requested that any uses by done under the conditional use permit process and we have also asked that a development agreement be entered into. It would have to be somewhat generic at this time, but at least to address the access and the requirement for provision of a bike path, multi use path along the Ten Mile Drain in this location. The applicant has indicated no problems with any of our comments and we would ask that the comments dated January 7, 1999 be incorporated as conditions of the annexation. Corrie: Is there anyone from the public who would like to issue testimony on the request for annexation and zoning by John Goade at this time. DONNA ALDRIDGE • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 29 Aldridge: I live right across from there. My name is Donna Aldridge and I don't understand what they're wanting to do. Now this is Ruth Hunter's old place. Are they trying to get something built in there or get access or what? Corrie: Okay just right now they're trying to do is annex and zone it and I believe they're asking for -Shari what's the annexation and zoning request? Stiles: C-G and L-O. Corrie: That's commercial and also limited office in that area. That's the zoning they would like to do. They're not going to build anything there right now, but they're just asking for a new zoning to C-G which is commercial and a limited office at this time. When they come in with what they want to do then they'll have another public hearing with what they want to put in there. Aldridge: Well is that fair to the public? I mean I've been down there for 30 years and it's been quiet and peaceful and when they opened that road up here a while back when they was working on that bridge over there on Linder Road, those people was like a bunch of wild horses down through there. We had to have the police come down there and patrol it and everything else because I was right there in the middle of it and it was a total disaster, so I would kind of like to know more of what is going on, because I feel like I have grandmother's rights. I mean I'm getting kind of tired of all this. I mean I know you can't stop progress. I would like to have a little peace too and I lost my youngest son 17 years ago and that's memories to me and I do not want to have to move and I don't like people coming in and trying to force you know things like that on me and I mean I like to live with a little peace in my life and I like to know what's going on across there because they do live like I said that's right across from where I live. So I'd like to if you have any more meetings or anything I'd like to know what's going on and what they plan on doing because like I said right now they do have they've been pretty considerate when they have had weddings and stuff over there, the music has been kind of low. I mean once in a while it gets a little loud over there. I like to work with people. I like to get along with people, but I would like to have some consideration too. Corrie: Is there anybody from Council who would like to ask any questions here at this time? Okay thank you. Anyone else from the public who would like to issue testimony? JIM HOWARD, JJ HOWARD ENGINEERING Howard: My name is Jim Howard with JJ Howard Engineering. Do you need an address? Okay and I stand ready to answer any questions. I did bring a (End of Tape) • • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 30 Howard: This is just to help the Council and anyone that might be here for testimony. That outlines the zoning. There are plans. We'll follow that plan in its development as it develops to extend the road as shown. The Troutner Business Park is to the north currently (inaudible). Existing Troutner Business Park is located here. Storage area here and this is zoned agricultural now. The 1Naltman home is right here. It will be retained. There's some talk of putting it on the historic register, so that will not be destroyed or torn down. It will be brought up to fire codes and probably converted to office use. This is a roadway layout. One zone is this we have C-G and the remainder is L-O. It's separated by the streets and I think that pretty much summarizes our request in terms of annexation and if I can answer any questions, I'd be more than happy to do so. Aldridge: Where this road is that he's talking about from the office there when they come for the office, are they going to have the office in the old Waltman place? Is that what they're trying to -are they going to build an office or what? I don't understand. Howard: The Waltman house is located here and then eventually these would be limited office. The road would be extended. There's plans, the city would like to see from my understanding see Corporate Drive extended ultimately, turn down and come down to Waltman Lane. I think the plans of ACHD is to terminate this or dead end Waltman down here. This will provide an access out of Waltman on to Corporate Drive which ultimately goes out to Meridian and then it will be the connection into that industrial park to the north. So it's my understanding, you correct me if I'm wrong, is Waltman will not be a through street. Adridge: Good. Okay that was one of my - Howard: Yes. Corrie: Any questions from Council? Thank you very much. Anyone else issue testimony on this item? Okay, hearing none Council any further discussion for public hearing? I'll entertain a motion to close the public hearing on item number 11. Anderson: Mr. Mayor I make a motion we close the public hearing on item number 11. Bentley: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bentley to close the public hearing on item number 11. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. • • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 31 Corrie: Any further discussion? In reference to this Council part of the conditions of the recommendation to City Council 1.18 provides for a development agreement as it did in number 9, so we might have to as long as we're doing the annexation and zoning Findings of Facts request the City Attorney to draft the same the next Council meeting together with the draft development agreement and proposed annexation ordinance at the same time. (Inaudible) Rountree: Mr. Mayor I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested annexation of 8.51 acres by John Goade to include a development agreement and include the city staff's conditions as condition in the annexation agreement and to prepare an annexation ordinance. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to request the annexation and zoning on item number 11 with the further comments made by Mr. Rountree. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 12. FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC -NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. CINDER ROAD: Corrie: Staff comments first? Stiles: Mr. Mayor and Council this is for the remainder of the preliminary plat for Whitestone Estates Subdivision No. 3. The Meridian School District has purchased the property south of this subdivision to Waltman Lane and proposed their elementary school there. I apologize to ,the applicant and to the Council for the lateness of these comments. We just got them done late today. Hopefully Mr. Jacobs has had a chance to look through those and if he has any problems with any of those conditions, he can let you know. I did have one issue on this that I need legal counsel to help with. The preliminary plat does show some vacation of right-of-way. There were stub streets initially on this plat because it was intended to go on further. Can we just rely on Ada County Highway District's vacation of those right-of-way and just take the new recorded plat as getting rid of those old rights-of-way or do we have to go through a separate vacation process? y t. 1 ]USTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. E GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, jr. City Clerlc 33 East Idaho Street Meridian, Idaho 83642 Re: JOHN GOADE AZ REQUEST - Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE ~~cEwvEp FEB 2 5 1999 City of Meridian City Clerk Office Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING for,approval and signature by theme Mayor and Council. Please serve a copy of the FINDINGS, along with the Notice of F nal Ac~""t on an` a copy is enclosed for your convenience, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any questions, please give me a call. Very truly yours, ~r ~~~- Wrn. F. Gigra II msgfD:\NlyFiles\Meridian City File\GOADE AZ\CLERI~ LTR.wpd ~.»_ • i WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com February 25, 1998 ,~ t. ~ b~ •_x ~^~ yam' .M ;a~,,. f Meridian City Council March 2, 1999 Page 8 ordinance of annexation and our usual recommendation on the annexation is that that is held until the development agreement is signed. Corrie: Any other staff comments? Stiles: Mr. Mayor and Council I would just add on page 22 of the Findings, the first paragraph 3.31 that direct lot or parcel access to Eagle Road is prohibited. Just add ~ Eagle Road between to and is. Gigray: Oh is this an addition? Bentley: It says to is prohibited. It should say to Eagle Road Corrie: Thank you Shari. Any further comments? Council? I'll entertain a motion on the item number five, Findings of Fact and Conclusions of Law request for annexation and zoning. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and the Decision and Order that will grant this annexation and zoning. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law annexation and zoning and make the corrections. Any further discussion? ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. Corrie: Mr. Gigray have the development agreement and the ordinance for the annexation then. Gigray: Yes, those will be in process. Corrie: Thank you. 6. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: Corrie: Mr. Gigray. Meridian City Council March 2, 1999 Page 9 s Gigray: Mr. Mayor and members of the Council this as the similar actions that we've had are matters that you decided on the 16th of February. We have at your direction prepared Findings of Fact and Conclusions of Law and Order of Decision to grant an application for annexation and zoning of this 8 plus acre parcel, which is proposed to be annexed into the City. Findings relative to the essential requirements for legal requirements for annexation and appropriate zoning designation are included and as you will find the specific considerations of the government subdivisions as conditions of annexation are set forth in section 18 of these findings of which there are a number that were listed there. If you need further review of that, I'd be more than happy to do that. We also have included in the findings for your consideration the proposed development and analysis of the Comprehensive Plan because it's an annexation and zoning designation and that it's in conformance of the Comp plan. Those conclusions of law include that analysis in addition to your statutory and ordinance authority to take these actions and then the order proposed decision and order includes entering of a development agreement which provides in section four of your order the specifics of that development agreement which are those conditions relative to the' requirements and requests of the government subdivisions providing services in the jurisdiction. Corrie: Okay thank you. Any further comments from staff. Stiles: No, sir. Corrie: Thank you. Any comments or discussion from Council? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Anderson: Mr. Mayor I would make a motion that we approve the annexation and the Decision and Order for the zoning request for John Goade for 8.51 acres. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the Findings of Fact and Conclusions of Law for the request. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 7. TABLED 2/16/99: FINAL PLAT FOR WHITESTONE ESTATES #3 BY WHITESTONE DEVELOPMENT COMPANY LLC -NORTH OF WALTMAN, SOUTH OF W. FRANKLIN, WEST OF S. CINDER ROAD: • ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF JOHN. GOADE, SOUTH OF TROUTNER ) BUSINESS PARK, BETWEEN WALTMAN ) LANE & TEN MILE, THE APPLICATION ) FOR ANNEXATION AND ZONING OF 8.51 ) ACRES, MERIDIAN, IDAHO ) 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 February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning Administrator, and the Applicant, Jim Howard of J.J. Howard Engineering appearing on behalf of John Goade, having appeared and testified, and no other persons having appeared and testifying in objection to the application, and the City Council having duly considered the evidence and the record in this mattertherefore 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 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 16, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ..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 February 16, 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 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, 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. 5. The property is approximately 8.51 acres in size. The property is located north of Waltman Lane and south of the Troutner Business Park. 6. The applicant and owner of record of the subject property is John Goade, of 5855 Becky Drive, Meridian, Idaho, and has filed a written request for annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN. GOADE i~ ~: 7. The subject property is presently zoned by Ada County as Rural Transition (RT), and contains a dwelling commonly referred to as the "Waltman House". 8. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial, and (L-O) Limited Office District. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The proposed -site of the subject property is south of Troutner Business Park between Waltman Lane and Ten Mile, at the southwest corner of Ustick and Meridian Roads. 11. Storage facilities abut to the east of the- subject property. The property to the north of the proposed site is zoned (L-O) Limited Office District. The property to the east of the proposed site is zoned (C-G) General Retail and Service Commercial. 12. The city limits of the City of Meridian are adjacent and abut on'the north and east of the subject property. 13. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property which is the subject of this application is within the Area of Impact of the City of Meridian. " ' ~ ' 15. The entire parcel of the property is included within the Meridian Urban Service t Planning Area" as the Urban Service Planning Area' is defined in the Meridian Comprehensive Plan. r ' , } 16. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ~` manner: extend the existing L-O District into the north and south of the subject property and extend the existing C-G District into the east of the subject property. Develop the subject property commercially for office complexes. 17. The applicant's requested zoning of the subject property as (C-G) General Retail and Service Commercial and (L-O) Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 18. Giving due consideration to the comments 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: 18.1 This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed-for the property. Applicant shall provide a map delineating the requested zone. 18.2 The legal descriptions submitted with the application annexation don't include '/2 of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 18.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE Department. No variances have been requested for tiling of any ditches crossing this project. 18.4 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. 18.5 A development agreement is required as a condition of annexation. 18.6 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 18.7 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 18.8 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access. and resultant frontage on public roadways. 18.9 Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 18.10 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 18.11 There is an existing home on the site that was, at one time, being used as a wedding/banquet/reception hall. In order for this use to continue, all city FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 18.12 Applicant shall extend a water supply system to the proposed site. 18.13 Applicant shall install a hydrant at the proposed site. 18.14 The right-of-way of Ten Mile Drain must be addressed before the land is developed. 18.15 Applicant shall enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the property be subject to de-annexation, with the City of Meridian, which provides the conditions of the development as set forth hereinabove. 19. 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. 18, and all subparts, 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. 20. It is found that Findings numbers 18.3, 18.8, 18.9, 18.10 and 18.15 hereinabove set forth are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed. development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 21. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits. 21. The Applicant's requested zoning of the subject real property as (C-G) General Retail and Service Commercial, and (L-O) Limited Office District is consistentwith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as General Retail and Service Commercial and Limited Office District. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as (C-G) General Retail and Service Commercial and (L-O) Limited Office District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C-G) General Retail and Service Commercial and (L-O) Limited Office District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 25. There are no major or scenic features of major importance that affect the consideration of this application. 26. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADS follows: 26.1 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. 26.2 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. 26.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 26.4 The application is consistent with Meridian's self identity. 26.5 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. 26.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26.7 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. 26.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ~ ~ 27. The property can be physically serviced with City water if the Applicant extends the line. 28. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 29. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights- of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and'/2 of all other adjacent Public right-of;ways. 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50- 222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies,. and of actual conditions existing within the City and State. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 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: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 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. 1.2 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. 1.3 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, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the. Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments.. should be harmonized with the natural environment and respect the unique needs and features of each area. 1,5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map The .proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map -Generalized Land Uses, . . .The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors: (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ~ ~ 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. .Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) 5. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1U Require businesses and government to install and. maintain landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of General Retail and Service Commercial (C-G) and Limited Office District (L-O), are defined in the Zoning Ordinance at 11-2-408 B. 11. and 11- 2-408 B. 7. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. L-0 Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE i !~ and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service- delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 7. That pursuant to the authority of the Idaho State .Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of. the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 8. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features- such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 9. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 11. 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). 12. 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. 13. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 14. Section 11-2-417 D of the Zoning and Development Ordinance provides 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. 15. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial and (L-O) Limited Office District, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • of the real property, which is the subject of this application, prior to the passage. of an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (C-G) General Retail and Service Commercial and (L-O) Limited Office District, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the. Planning and Zoning Commission or City Council for approval. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: 16.1 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 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. Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. 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. 2. This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclearfrom the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zone. 3. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial and (L-O) Limited Office District Ordinance shall not be finally approved by the City Council until provisions of parts 1, 2 and 4 of this order have been met; and 4. 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 subject to de- annexation,- with the City of Meridian which provides for the following conditions of development to-wit: 4.1 The legal descriptions submitted with the application annexation don't include '/Z of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 4.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • ! the appropriate irrigation/drainage district;• or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.4 A development agreement is required as a condition of annexation. 4.5 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 4.6 Assessment fees~for water and sewer service are determined during .the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.7 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4.8 Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 4.9 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 4.10 There is an existing home on the site that was, at one time, being used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ~ ~ wedding/banquet/reception hall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 4.11 Applicant shall extend a water supply system to the proposed site. 4.12 Applicant shall install a hydrant at the proposed site. 4.13 The right-of-way of Ten Mile Drain must be addressed before the land is developed. 4.14 Applicant shall enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the property be subject to de-annexation, with the City of Meridian, which provides the conditions of the development as set forth hereinabove. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE • NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning 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 February 16, 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD ~bwtit~, COUNCILMAN ^ "ins°°^"~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~~2 - ~GT ..FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE VOTED :' VOTED VOTED VOTED VOTED ~C~IVF.D ~1AR - 2 1999 C~ 0~ ~Al~ n MOTION: APPROVE = DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. g ~%'~~~"~~ Dated: ~~ ~ ~! City Clerk msg\D:\MyFiles\Meridian City File1GOADE AZ1AZ FFCL.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE r 4 4 4~ ~.. ,. ~; MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16 1999 APPLICANT: JOHN GOADE ITEM NUMBER: 11 REQUEST: ANNEXATION & ZONING OF 8.51 ACRES 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: COMMENTS SEE ATTACHED MINUTES FROM 1112/99 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P&Z REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~ ~ IDAHO POWER: "V ` 0 ~" US WEST: ~' ~~~ II C ~v INTERMOUNTAIN GAS: ~'" BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. PLANNING AND NING COMMISSION JANUARY 12, 1~ PAGE 84 MacCoy: A{I in favor? MOTION CARRIED: All ayes. ITEM NO. 9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: MacCoy: Staff? I'm waiting for comments. Stiles: Chairman MacCoy, commissioners this is a request for annexation and zoning. We are alittle-missing a little bit of information, I think. We don't really quite know where the L-O is and where the C-G is. Initially when I talked to the applicants representative their plan was to come in with a plat in the conditional use permit for first use and the annexation and zoning. However, there is only the annexation and zoning right now, so it's difficult to comment and we would Pike to reserve our detailed comments for future conditional use permits that we would ask for every use on the property, or that we not annex until there is some plan proposed and that the platting is proposed. Those are our major concerns, especially with Corporate Drive coming through this property at some point. We don't know exactly what the design is, it's been some different designs proposed, and the pathway issue is something else that we are concerned about, but I would like to hear what the applicant has to say. If they can give us some more information. MacCoy: Is that it? Freckleton: Mr. Chairman and members of the commission, I received late today a copy of a map from JJ Howards Engineering Company showing where the proposed zoning lines are. I don't believe you guys have seen this. We can run some copies of it. I really don't have anything other than what Shari has mentioned. Legal descriptions that were submitted. for annexation do not include half of the right-of--ways of Ten Mile and North Waltman Lane as we typically see, or as we require, I should say. Other than that, I have nothing. MacCoy: Okay, thank you. Going to open the public hearing now, will the applicant come forward and state who he is. JIM HOWARD, JJ HOWARD ENGINEERING. Howard: Seems like last time I was here they swore you in, I don't know why the change. MacCoy: We don't either. PLANNING AND~NING COMMISSION JANUARY 12, 1999 PAGE 85 De Weerd: Tired of being sworn at. Howard: I'm sorry for the confusion concerning the requested zones here. Make some copies of it, we kind of fell down on that element. Basically the property, are you aware of all of where it's at I think. Freckleton: Yes. Howard: There is no specific developed plans submitted. I talked to Shari a little bit before we had the meeting, this is not often that this occurs and that you can't entertain-what we would do is stipulate to any development agreement. We would stipulate-you would have a chance with the conditional use. The zoning that you are about to see, which f'm sorry you don't-you'll see it in a minute is appropriate for that area. There is a subdivision an industrial subdivision to the north, and~that is the Troutner Business Park. We are requesting zoning that is the same zoning as the Business Park to the north, which is the-the business .park zoning is L-O, that's what we would be requesting north of Corporate Drive and then adjoining us to the east is storage facilities, that is currently zoned I believe C-G, and that's the zone we are requesting. The street layout is shown. What we are going to do by-with that street layout is to solve some access problems that Troutner Business Park now dead ends and we will provide a link directly south and then back to the east on Corporate Drive. So it wilt give a chance for that property to develop. So really, we are requesting zones that are appropriate for that area. The only area that would where we would come up against is the Franklin Square Subdivision and that's a zone that we are requesting which would be an L-O zone and similar to the Troutner Business Park they have buffered that and we would propose the same type of buffering adjoining a small section of Franklin Square Subdivision. I think that they would be along Franklin Square there is approximately three lots that would be adjoining that parcel. That more or less summarizes the issue that I thought were perhaps most important. I believe having visited with the city there, the staff members and Shari has left she will be back momentarily, I don't think they have any real serious issues with this type of zoning. That's pretty consistent to what they would like to see out there. I think I've covered everything that needs to be covered, the owner as well as the owners representative who is a real estate agent is here. As far as any specific plans, a lot of that is going to be dictated by the market place, what they expect to see. They expect to see this developed with in the next year. So they will be coming back at you. The reason we haven't formalized any plans is they are doing really a market analysis as to what really should go in those particular zones and then you would have a chance to comment during the CUP process and again we would stipulate to any development agreement you want. That concludes my presentation. MacCoy: Thank you, any questions far him? Borup: Could you, did you address the pathway issue at all? PLANNING AND ~IING COMMISSION JANUARY 12, 1999 PAGE 86 Howard: The pathway issue along the drain there? Borup: Yes. Howard: We have set aside the appropriate land for that continuation. That is something that we've been reminded of and that we would agree to. Borup: Do you knave who-who controls that? Which irrigation district? Haward: I believe that is a drain. I'm not sure which... Borup: (inaudible) (Inaudible) Borup: Bureau of Reclamation. That's encouraging. MacCoy: You guys are right. Borup: They are a little easier to work with. Howard: I think they are progressive. Borup: Then you stated I think that is what Shari is saying tentative that it would be annexed under conditional use or that specific businesses would be specified as part of the development agreement. Howard: Yes we would stipulate to a development agreement. So you are not going to see something there that you are not pleased with. Whatever you-we would come forward with a plan and then you would have a chance to review it and turn it down. All we are looking for matching zoning. We are matching the Troutner Business Park to the north, matching zoning to the storage. Borup: I think my other question will be answered when we see the plat, if we see it. MacCoy: Any other questions for him? Howard: I'm really sorry, I apologize once again-I'm going to fire the lady that works for me. I couldn't do that, she's such great help, but I don't know how we missed our mark on this, it should've been in last week. We thought we should continue with this. The map we show if you will look closely on it, it will show the zoning, it's an 8.25-8.5 acre track. It shows a zoning north of Corporate Lane extended to be L-0 and that's adjoining the Troutner Business Park. To the south of Corporate Drive is also L-O and directly adjoining an east or adjoining PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 87 the storage units there is the C-G which is comparable to-it's the same zoning as the storage facility. The street lay down we would agree to. I think there has been a consensus among ACRD as well as City of Meridian, that's what they would like to see happen with Corporate Drive, and correct me if I'm wrong. So I do believe that is what they would like to see ultimately happen to Corporate Drive and at least that portion that we controlled that would be the direction it takes if it was approved. So that's the geometry of the street layout. Borup: So you have no street tie into Waltman? Howard: It is planned to continue... Borup: Is that on someone else's parcel? Howard: That's correct. In fact it's supposed to link up to a subdivision directly west of there. There is a stub street provided, I don't know if you have a vicinity map. In the subdivision west of there they have already stubbed the street out to tie into Corporate. Borup: I didn't have anything else. MacCoy: ,.Anything else? Howard: The owner and developer are here if you need to ask them questions. MacCoy: Is there any here who would like to speak in favor of the project? Yes sir, it's about time huh? MIKE BALLANTYNE, 2690 N. MILLDEER WAY, MERIDIAN, ID. Ballantyne: Always the last item on the agenda. I represent Troutner Business Park directly to the north of the subject property. We fully support the proposed use of the property as C-G and L-O, which is the consistent with the use. Troutner is also zoned C-G and L-O, the L-O being limited to the property abutting the Franklin Square Subdivision, the balance of the park being C-G. To speak, first of all let me mention Mr. Goade has been extremely accommodating to us as we went through the process of getting entitled and we could've written a letter of support for the project, but we felt coming in person was more important because he has been so helpful for us. Speaking to the Corporate Drive extension, this design is the design of Ada County Highway District. Green Head Way which comes out of Mallard Subdivision or the Landing Subdivision would actually come in at a 90* angle to Corporate as it turns south, that way Corporate wouldn't become a main gut into Greenhead, or into that Residential subdivision, but Greenhead would take pressure off of Franklin Road and would come in with a stop sign into Corporate. This would also allow the highway district to close off Waltman Lane which currently comes in at that main intersection as you come PLANNING AND ~NING COMMISSION JANUARY 12, 1999 PAGE 88 north on Meridian Road and has created that kind of five way funky little intersection and would allow this area to develop out properly. The property owners will all work together to come up with a design which was submitted to the highway district with a letter and the highway district commission approved this design, that was last year. Our only concern here and it certainly not with Mr. Goade, would be that there would be some control that the roads are built whether it be through a C-G or a CUP or a platting process so if for some reason someone else was to purchase the property from Mr. Goade, we weren't sure that southwest 5t" extension and Corporate Drive were both dedicated to the highway district and built so that our southwest 5t" Avenue that we've built doesn't just serve as a driveway into the property. Other than that it's a great plan and we will be very consistent with what is going on. I'd be glad to answer any questions. Borup: Your comment on a concern on the road, which I'm assuming on annexation and zoning there is not a lot of control, but the preliminary plat is still going to have to come back here. That's where the control would have to be I believe. Ballantyne: Are you asking me about your ordinance? Borup: At this point, we don't--we are not addressing the plat... MacCoy: (Inaudible) Borup: I would certainly supp°ort what you are saying there, and I just think that would be necessary on my part for a plat to be approved. Ballantyne: Mr. Howard eluded to that plat and we just want to ensure that something like that does occur, but definitely in favor of the project and apologize for treating Commissioner Borup so cruelly there. Nelson: He's used to it. Borup: See I didn't even catch it. Ballantyne: Any other questions? MacCoy: I guess not, thank you. Anybody else like to step forward and speak in favor of the project? LOREEN TOWNLY, 521 WALTMAN LANE, MERIDIAN, ID. Townly: I understand that all this is for is to just take it into the city, and Mr. Ballantyne had made a statement that landowners had been talked to about the road and I can tell you that Jo Laurcher (sic) hasn't and nether has Ed Haddok PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 89 (sic) or myself. We know that that is a good area to build in where it's at, and we have no problem with it going into the city, because we know when the plat comes in, we will have our word. I have one question, Waltman House, is it going to be commercial? It is really now, illegally or legally. Okay, but you are going to keep Waltman House there, you are not going to tear it down? Unknown: Correct. Townly: Outstanding. MacCoy: Okay thank you, anybody else? Okay, I'll ask the other direction. Anybody that wants to say anything negative for this thing? You get to walk to. CRAIG CAVANA, 581 LINDHURST, MERIDIAN, ID. Cavana: It's kind of late to be getting real accurate here, but 7:00 I was a little bit more sharper than I am now. I'm real concerned about the layout of this. I can't see how you guys would consider rezoning this until you have looked at a plat map or understood the impact of traffic to existing neighborhoods. I looked at this and as soon as I saw Corporate Drive go through, first thing that I wanted to see is an impact study done, or a traffic impact study done, knowing how many cars are going to go by my house, at all hours of the night. Borup: Sir, could you clarify where your house is? Which street is Lindhurst? Cavana: I don't know which map he gave you. Borup: We've got the Franklin Square, are you on the end of the cul-de-sac there? , Cavana: Can you see that arrow right there, that's my home and one of the other home owners is present as well, which lives right next to me. So I look at that and I see Corporate coming right directly to my backyard and I'm thinking headlights at all hours of the night and I don't like that very well. I think there is other ways of diverting traffic than making an arterial come that close to residential zoning, other than running Corporate down through there and heading into a subdivision that is growing leaps and bounds as we speak. So that's one of my concerns and has to do with the safety of my children and undo noise and so on and so forth. The Troutner Business Park that they are talking about has only got two buildings built on it. I went to that meeting too and it's been several years ago that they annexed that into the city and made it L-O and Commercial, it hasn't been finished. We haven't seen the real impact of what this kind of business park is going to do to our residential or noise or anything like that. We don't know about lights, it's been siting there vacant for a number of years. So I'm wondering why another piece of commercial needs to be added onto this and more property annexed into the city and made commercial, where nothing is PLANNING AND ~IING COMMISSION JANUARY 12, 1999 PAGE 90 being built. You know, if something was happening there, at least we would have an evaluation in knowing what exactly is going to happen. Ten Mile Creek is not a drainage ditch. It concerns me because it is a ten mile creek and in your Comprehensive Study it's mentioned about 12 times in there. Protecting the value of that creek, in other words, the wild-the aesthetic value and so on and so forth about that creek. If this whole area down through here including behind my house becomes commercial I think all that is going to be destroyed. So this kind of concerns me as well. I don't know what their plans are as far as keeping that aesthetic value up on that creek or not. The plans that I got don't show any kind of division, so I can't really tell where a building is going to be built, how close it's going to be to my home, what kind of effect is going to go on, like 1 said again, I can't see how this can be rezoned until you guys see a plat map or until you have a (Inaudible) idea what this property is going to be other than just rezoning it. I think that about covers it. I request that it be tabled until you get some kind of plat map, know where the businesses are going to be, how they are going to be positioned within-around that road, whether Corporate for sure is going to go through to, I guess it's Meridian Road, or 1St Street and where it's actually going to end up. I'd .like to see that as well. The traffic impact study should be done. That's all in your Comprehensive Study. MacCoy: Any questions for him? Anybody else like to speak at this time? Okay, here we go. TONY HICKEY, 2090 S COLE ROAD, BOISE, 1D. Hickey: I'm the developer or assistant to the owner. I want to respond a moment to the last speaker. I'm obviously speaking in favor of this. One of the reasons we took the approach for annexation and zoning was so that we could place the Corporate Drive extension where the City of Meridian staff has indicated where they wanted it and Ada County Highway District has required that that go around and connect to Waltman Lane and then south to Kale Beckmans (sic) 24-25 acres between Waltman Lane and the freeway. As far as what buildings we are intending to do there at this point, of course it's going to be business driven, whatever the businesses want. We know that we have a Comprehensive Plan, has requirements for the buildings that can be there and we also know that we have to come back before this board with anything that we want to do. Our anticipation is to build 1200 or 1400 square foot office buildings along the creek and maintain the integrity of the creek and maintain the integrity of the walkway- the path green way and it's there. There is a real need in this town as far as I can tell for stand atones small office buildings that are aesthetically pleasing. So that's the intent here. We also, we do know as I said that we have to come back and present whatever we want to build in the form of a CUP. We will stipulate to a developer, or development plan, we have no problem with doing that. As far as the build out on Troutner Business park, that business park is building out, it does take some time to do those kinds of things. Their buildings are considerably larger than what we are anticipating and with the creek things along PLANNING AND ~NING COMMISSION JANUARY 12, 1.999 PAGE 91 there that makes a nice place for a dentist office, or a CPA office or something of that nature. Once we have the annexation and the zoning, then we legally can offer them for sale. Until that point in time it's very difficult to offer something for sale when we are not zoned properly. As far as the Waltman House goes, it's currently vacant. It will be left in place, we are asking for L-O on that as well and will be converting that to an office building of some sort that is compatible. Any questions? MacCoy: ,Any questions? Anybody else is moved to get up and make a statement? Staff do you have anything you want to add? Stiles: Chairman MacCoy, commissioners I just want to reiterate that it will be extremely difficult to try and draft some kind of development agreement on this proposal. I want you to realize that this is not any part6 of the application and can not be considered as part of the application because the plat is not what is before you. We do need extension of this Corporate Drive to go to Greenhead and I haven't seen any plans as to what that is and have never seen any type of configuration of this and neither has the public works department as far as I know. Mr. Hickey indicated that it's-you couldn't market this for sale or made some kind of statement about that until it was annexed and zoned. Well no portion of this property can be sold because it would have to be platted first. It is not in the configuration that it was in 1984, it's not eligible for a one time split. So, they would have to plat it. The only legal frontage that they have right now is Waltman Lane and so I guess with-if they meet occupancy requirements they would be allowed to continue their commercial use, if that's what it's being used for at this time. I also wanted to emphasize that if they are going to continue a commercial use there, that they would need to meet the city ordinances for that use including Uniform Fire Code, parking, landscaping, but it probably won't stay that way. (Inaudible) Other than that, those are our major concerns. We don't usually see something that comes in with just the annexation, but Planning and Zoning Commission is satisfied with sending it on with no plan, I guess that's the decision that you have to make. MacCoy: Thank you Shari. Commissioners? Borup: Is there anyone here who is familiar with ACHD's proposed tie in from Greenhead from Corporate (Inaudible). You said you hadn't seen that, I know that Mr. Ballantyne had mentioned that was ACHD's intention and plan, but you said you aren't familiar with that? Stiles: Not that particular configuration that they are showing here. Borup: But you knew that's what they wanted, that they wanted to tie it in someway. Stiles: Yes. PLANNING AND ~IIING COMMISSION JANUARY 12, 1999 PAGE 92 Borup: Thank you. MacCoy: Anybody want to close the public hearing? What do you want to do? Borup: Do we need any discussion first? VVe have had several other annexation and zoning only without the plat, I know it's not real common, but I can think of at least two. Smith: Do you have any comment to Shari's concern about a development agreement and so forth then under this scenario? Borup: Well, just that I wonder if that's pertinent. Can there be any development without a plat, or is it just a piece of bare ground that is annexed and zoned. You can't get a building permit can you? Stiles: The only way they could get a building permit is if they went through a conditional use process. Borup: Okay, it would be back here. Unless it's an all new commission, then they would have a hard time doing that. So it sounds, I don't have a lot of concern then about any development or anything going on. Nothing is going to happen unless it's back here anyway. MacCoy: That is true. Nelson: So what do they gain? I don't understand what they gain then. Borup: Good question. MacCoy: I don't know. Nelsan: It doesn't save them any steps really. Borup: Maybe the applicant might want to answer that, I would assume they have a confidence of going ahead with plans knowing that they can do what they intend to do, rather than spending a lot of money doing a plat and developing plans and then find out the zoning isn't going to be allowed. MacCoy: (Inaudible) Borup: You think the same thing? We havef~'t closed the public hearing, if anybody disagrees with that, I guess they could state. Okay, did that answer your question Commissioner Nelson? It didn't answer your question? MacCoy: Do you want to go home? PLANNING AND ~NING COMMISSION JANUARY 12, 1999 PAGE 93 Nelson: I want to go home. I guess that would make sense, if we were to rezone this, or first I guess we would annex it, then would we be doing any rezoning at that time? C-G and what are these? Borup: Well, oh, there is a concern there, yes. Nelson: This isn't platted... Borup: We can annex it, but how can we zone it if we don't have specific boundaries? Does staff have any legal descriptions with boundaries and zoning etc.? Stiles: They have submitted two separate legal descriptions it's just that we didn't have a picture, a depiction of what it was. Borup: So there is one legal description for L-O and another legal description for C-G? Stiles: Yes, .but they do need to be revised to include the adjacent rights-of--way. We don't have correct legals, but we do need some revised ones on that. Borup: On the street right-of-way because those where it's not a platted subdivision they can go to the center of the roads. Stiles: If you do recommend this to go forward, the development agreement has to be executed prior to annexation taking place. So all the details of the development agreement have to be in place prior to annexation. Borup: Is the development agreement part of city ordinance? Stiles: For an annexation yeah. Borup: Even though there is no plat or subdivision to develop on. Stiles: It's not tied to a plat, it's tied to annexation. Borup: So your concern on a development agreement is how do you write it and what uses are included and which ones aren't, was that your concern on how you... Stiles: I guess you could do it like Troutners was, that every single lot or every single use on~it is going to be conditional use permit regardless if it's permitted in the zone. PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 94 Borup: Or you specify the specific businesses as I think we've done that on some others. How many tots are we looking here? Stiles: We are not looking at any. We are looking at annexation. Borup: Well, potential, how many potential conditional uses are we-we are not looking at that many, it looks like. Stiles: We don't know. Borup: I guess I don't know either... Stiles: It looks like five on this layout. Borup: Yeah that's what I was going to say more than half a dozen maybe. Stiles: We could work out details like specifics on the bike path, or the pathway, which is my main concern, buffering their adjacent residential uses, sewer and water`extensions. There are things that could be worked out, it's just a little more cumbersome to try and do that without having any idea of what they want to do. Nelson: With the other rural transition being unplatted... Stiles: Pardon? Nelson: As far as this road connecting in to Waltman Lane, we are only going to annex half of what that would take, right? Stiles: Correct, they only own to the centerline, !guess the center line of Ten Mile Drain. Nelson: So, kind of fuzzy on how soon that road can every happen. Stiles: That's another issue too, we would have to have some wording about future connection of Corporate to Greenhead and they would have to meet all of Ada County Highway District standards. Ada County Highway District is not going to have any comment on an annexation and zoning. They don't care because they are waiting for the development plans to come forward so they could have additional restrictions that we don't know about today, but I would imagine that we could also include in the development agreement that if Ada County Highway District doesn't comment that prior to any development or as part of platting, or whatever, they would have to bond for half of the bridge to go over the Ten Mile--and then the ad}scent property owner, once they develop, they would have to pay the other half. That's typically how it works, or they could build half a bridge. PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 95 Borup: I'm coming back to Commissioner Nelson's question of what-does it accomplish and now I'm wondering. I don't know if I'm persuaded. Hickey: 1f I might readdress, we have met with Ada County Highway District staff and this is the configuration that they want to see. That's staff we have three new, or four new commissioners, so I'm going to suspect that they are not going to change that very much, anyway that's what the staff wanted. In order for us to attempt to market a piece of property, we have to have a starting spot. If we have annexation, we know we are in the City of Meridian, if we have a zoning, which this allows two separate legal descriptions and zonings then we can go ahead and approach a potential buyer and say we have annexation and we have zoning, we have to go back before the city planning and zoning commission and the City Council and get your particular use approved. It has to fall within the guidelines of the Comprehensive Plan and there is quite a series of different types of uses that are already approved for L-O or far C-G and we expect to meet and fall in with any of those that are required. The development agreement is- (Inaudible) but the whole thing is developer driven and we've been a bit of a bottleneck in the middle of this thing for quite some time with Doug Timora(sic) to our east, has purchased Russ Johnson's property and has been more or less cleaned up, it's continuing to be cleaned up. He did not want to promote Corporate Drive extended until he knew what we were going to do. Kale Beckman (sic) down by the freeway and south of Waltman Lane wants to do something down there. They have not made any firm commitments until they found out what we wanted to do. Ted Johnson with the Landing was, I believe it was when he was annexed, when the subdivision was approved, Greenhead was stubbed out to the far east to connect to some load at some point in the future and according to ACHD they want that to connect to somewhere to Corporate Drive extended. The intent is to block off Waltman Lane down at the far east end because of the cumbersome mess of that intersection and the highway district wanting to apparently put a clover leaf or something in on the freeway. So this is a natural evolution of what is probably going to happen there anyway. It gives us an opportunity to sit down with at least a (Inaudible) attack and continue to pursue what we've got. We know that we have to come back before you, we know we have to stipulate for a buffer similar to what Troutner Business Park did between Franklin Square Subdivision and we know that we must meet the Green way requirements along Ten Mile Drain, or Ten Mile Creek, depending on where you look at it is. We don't have any problem stipulating with all those things. We are just asking at this point in time for annexation and zoning on the two legal descriptions knowing that we can't do anything we can't get a permit to do anything until we come back, but at lest then we will have a starting spot. Borup: Mr. Hickey, could you reiterate again why you feel that it would make any difference as Mr. Nelson asked to do this annexation now. You mentioned on marketing and selling the property. I assume any potential buyer is going to have it contingent upon city approval anyway. PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 96 Hickey: Sometimes they do.~ x Borup: The time frame not going to be any different on having a plat filed then what we are doing here now anyway. Hickey: I wouldn't have any idea on how to fife a plat, in order to-on eight acres, one is going to have to make some presumptions that at this point in time we are not willing to make as far as exactly what would be going in there. Borup: So you are saying that the street configuration would stay the same as the concept that you have, but you may have different lot configurations? Hickey: No, I don't expect any different lot configurations unless we happen to cut one in half or something of that nature. The only thing that we don't know is exactly what we are going to have for use. I wouldn't want to come in here and have five lots and having to come back and get it split to seven lots for example, or something like that. Borup: That's what I'm saying, you don't know specifically on your lot sizes. Hickey: I don't know at this point. We know the congenial configuration. Borup: So you are thinking that's what you want to wait, have potential buyers of the property before you design the lot size? Hickey: That's correct. Borup: I don't think that was explained earlier. Hickey: We do understand that we need to stipulate to whatever the requirements are of the city. Borup: I didn't understand that you were looking at designing the lots sizes after you find the buyers. So I guess that is the reason for doing annexation now. MacCoy: Are you ready to close the public hearing? Borup: Yes, I'm ready. MacCoy: All right, do I hear a motion. Borup: I move we close the public hearing. Smith: Second. MacCoy: Any discussion? None, all in favor say aye. PLANNING AND ~fNG COMMISSION JANUARY 12, 1999 PAGE 97 MOTION CARRIED: All ayes. MacCoy: What is our next motion? Borup: Well, I've changed my mind two or three times here. I guess the last argument on having the buyers of the property have somewhat say on the size and shape of their lots, I think that's a merit to me. MacCoy: I think so. Smith: What about this development agreement? (Inaudible) Nelson: Wouldn't that have merit then that they have more input in development agreement at the same time? Borup: Yeah. The development agreement is not going to get-how are you going to handle that Shari? Make it general, can you do it general and the concern areas be covered with the CUP? Stiles: Possibly. Nelson: I think what Shari is trying to do here is not make this an exception to your process. Doesn't it get kind of confusing when different approvals are in different stages? Stiles: It used to be prior to the attorneys that we have now... Rossman: Sure, blame it on the attorneys... Stiles: Well, which has caused a problem. Property was annexed with the condition that they enter into a development agreement, but it might be two or three years before they actually want to develop anything, so you know, of course they come in with their building permit in their hand, their building permit application, immediately wanting to turn that in and we say hey wait you don't have a development agreement, lets go back and research whatever happened to two to three years ago and enter into a development agreement. New legal counsel has given us excellent advice to make sure that that development agreement is in hand prior to the annexation ever taking place. It wouldn't be impossible to at least incorporate at least a majority of our concerns about the pathways, sewer and water, roadways, buffering and if they are willing to accept going into a conditional use permit for no matter what it is, even if it is permitted in that zone, I think we are covered. Borup: Well that's what it seemed like to rrie too. Have there been, I know there have been some, have there been many instances in the past where businesses PLANNING AND LING COMMISSION JANUARY 12, 1999 PAGE 98 have had to buy more land than they wanted so they ended up with unused area or-1 know that we have had some lot fine adjustments and things like that for the same reason where the lots didn't necessarily suit the use of the businesses. So I guess what I'm saying is maybe have a preliminary buyers does make some sense and this isn't that big of a project so the conditional use permit should cover everything. MacCoy: Okay, are you ready? Borup: Yeah, are we ready for a motion. De Weerd: He is arguing with himself. Smith: As far as covering the development agreement at this time in general terms would the incorporating staff comments as condition of approval be general enough. Too general, not specific enough. Borup: Don't we need to say that the applicant will enter into a development agreement and then Shari works that out. Smith: Cool, whatever is easiest, lets go. De Weerd: But should we specify certain areas like the buffering sewer and water, pathway, maintenance of unused areas? Borup: Are you worried the staff may not do some of that? De Weerd: No; but do we need to specifically specify it? Rossman: No, it's in the standard development agreement. De Weerd: Wetl having never read one. Rossman: I'll get you a couple. MacCoy: Yeah, it's in the staff comments. Rossman: (Inaudible) development agreement be entered into. We will work out the rest. De Weerd: I think there is one other comment over there. Freckleton: Mr. Chairman, members of the commission, the only thing that I guess is kind of unclear in my mind is the timing of how the platting process would come into play. As soon as he has a buyer for a chunk of this property, is he going to come in and do a two lot subdivision? One lot being for that PLANNING AND ZING COMMISSION JANUARY 12, 1999 PAGE 99 particular buyer, the rest being the remnant parcel? I would then have to come in with this next buyer and do a re-subdivision of lot 2 of the first subdivision and so forth. Borup: I had the same thought, but from my standpoint I think the next thing we need to see is a plat for the entire parcel. I wouldn't be amenable to doing a piece meal like that, I don't know about others here, but that's what I would want to see is a plat for the entire property. Freckleton: The second part of my comment I guess was the timing of the dedication of the right-of-way for Corporate Drive and southeast 5t", with the platting... (END OF TAPE) Freckleton:... l mean are we going to get SE 5t" and Corporate in chunks, or is it going to be dedicated with the first plat? Borup: Well if I have anything to say about it, we won't have any remnant parcels. MacCoy: Well make the motion. Borup: I've got one vote. Are we done discussing? Are you ready for a motion? Any other questions? Smith: I was - Nelson: t'm just leery of approving the rezone if staff had a lot of open issues, but if they're comfortable with the development agreement and if we discuss that the dedication road all comes in one swoop, I'm ready to move on. Smith: Okay, Mr. Chairman I would like to make a motion that we recommend approval of annexation and zoning of this parcel and that the applicant enter into a development agreement with the city and that all proposed development on this project be required to go through the conditional use permit process. Is that it? Borup: 1 think so. Second. MacCoy: Any discussion? De Weerd: Well would that include all development or lot plans submitted at one time? Borup: I don't know if that needs to be in the motion, but - PLANNING. AND ZING COMMISSION JANUARY 12, 1999 PAGE 100 De Weerd: That would be in the development agreement? Borup: No, it just wouldn't get very far with me if it wasn't. I guess that can be added, but I think that would be redundant. De Weerd: Okay. MacCoy: All right ready for the vote? All in favor? MOTION CARRIED: AH ayes. 10. ADA COUNTY DEVELOPMENT SERVICES: 98-101-CU PAULA. HOFFMAN: MacCoy: Let's take item number ten which is in your hands. You'll notice in your packet also comments from several sources, and it looks pretty straight forward. Smith: The thing is already built. I really have a issue with the timing when this was submitted to us by the County. MacCoy: I know but we have to go through this according to our attorney. Smith: Well I think we ought to respond in some fashion. MacCoy: Well last time we did. We had - Smith: Well I like what Shari's response is that it includes we don't appreciate not having this stuff submitted before the project is built, and we also had to spend a bunch of time with this guy coming in for annexation and zoning. (Inaudible) Stiles: See what they do in Ada County? The poor guy had to go through a conditional use permit to get the church approved. Then they want to hook up the sewer and water so we have to tell them they have to have double fees, so he'd rather be annexed he thinks until he comes and talks to us, and then they want to put their little sign up because they're going to drag on forever for Planning and Zoning and now they had to request a second conditional use permit through the county for a stinking sign. De Weerd: Oh, let's approve it. MacCoy: The only thing I mention is the fact that we don't have any details on any of this material that we have to take a look at. They don't give us the sign size or anything else just give them approval for a sign. • MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999 APPLICANT: .JOHN GOADE ITEM NUMBER: 9 REQUEST: ANNEXATION 8~ ZONING OF 8.51 ACRES 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS G~~ SEE ATTACHED COMMENTS r' ~~/~ SEE ATTACHED COMME ~~ ~' Q; ~ l7` r ,~ ,C ~~'~ ~ G~ ~~~ ~ c~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. /~ • HUB OF TREASURE VALLEY ' Mayor ROBERT D. CORRIE A Good Place to Live coun~~I Members CITY OF MERIDIAN CHARLES ROUNTREE ~ 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 ~ Fax (208) 887-4813 KEITH BIRD REC~~D JAfV 0 7 1999 MEMORANDUM: City of Meridian City Clerk Office 4 To: ~ Planning & Zoning Commission/1Vlayor & Council From: Bruce Freckleton, Assistant to City Engine Shari Stiles, P&Z Administrator ~ -` LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 January 7, 1999 .~ Re: Request for Annexation and Zoning to L-0 and C-G of 8.51 Acres by John Goade ~, ~ ~~ We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by . motion of the Meridian City Council: i, ~,. .~,.. t GENERAL COMMENTS: 1. This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the'requested L ~O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zones: 2. The legal descriptions submitted with the application for annexation don't include %2 of the adjacent Ten Mile Creek nor Waltman Lane. Please submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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 existing city limit boundary. - -~ 2. 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. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4. A development agreement is required as a condition of annexation. JohnGoade.AZ • • P&Z Commission/Mayor & Council January 7, 1999 Page 2 SITE SPECIFIC COMMENTS: 1. Without a plan for the development, it is hard to determine the sanitary sewer and water serviceability of the site. The City owns and maintains an 18-inch diameter sanitary sewer trunk line along the Ten Mile Creek. Water and sewer are existing in SW Fifth Avenue. We currently don't have any water service in Waltman Lane. 2. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4. Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 5. As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation should be developed under the conditional use permit process. 6. There is an existing home on the site that was, at one time, being used as a wedding/banquet/receptionhall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. JohnGoade.AZ ;: .r~rr • DEB 1 1 9999 BEFORE THE PLANNING AND ZONING COMMISSIG ~,~ ~,. ~: ~Ic~°idian .";t;~ ~;icrk ®ffice IN THE MATTER OF THE REQUEST ) FOR ANNEXATION AND ZONING OF ) 8.51 ACRES BY JOHN GOADE ) SOUTH OF TROUTNER BUSINESS ) BETWEEN WALTMAN LANE AND TEN ) MILE ) RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 8.51 acres in size. The property is located north of Waltman Lane and south of the Troutner Business Park. 2. The applicant and owner of record of the subject property is John Goade, of 5855 Beclcy Drive, Meridian, Idaho. 3. The Applicant filed a written request for annexation and zoning. 4. The subject property is presently zoned by Ada County as Rural Transit Zone (R-T), and contains a dwelling commonly referred to as the "Waltman House". 5. The Applicant requested the annexation and zoning and the application was not initiated at the request of the City of Meridian. 6. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial, and (L-O) Limited Office District. 7. The proposed site of the subject property is south of Troutner Business Parlc between Waltman Lane and Ten Mile, at the southwest corner of Ustick and Meridian Roads. 8. Storage facilities abut to the east of the subject property. The property RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -JOHN GOADE • • to the north of the proposed site is zoned (L-O) Limited Office District. The property to the east of the proposed site is zoned General Retail and Service Commercial (C-G). 9. The City limits of the City of Meridian are adjacent and abut on the north and east of the subject property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. i2. The Applicant proposes to develop the subject property in the following manner: extend the existing L-O District into the north and south of the subject property and extend the existing C-G District into the east of the subject property. Develop the subject property commercially for office complexes. 13. The Applicant's requested zoning of the subject property as General Retail and Service Commercial (C-G) and Limited Office (L-O) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -JOHN GOADE • RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-C zones are proposed for the property. Applicant shall provide a map delineating the requested zones. 1.2 The legal descriptions submitted with the application annexation don't include 1/z of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the .annexation boundaries with the corresponding bearing and distance calls. 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 existing city limit boundary. 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. 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 Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 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 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -JOHN GOADE • 1.5 A development agreement is required as a condition of annexation. 1.6 Without a plan for the development, it is hard to determine the sanitary sewer and water serviceability of the site. The City owns and maintains an 18-inch diameter sanitary sewer trunk line along the Ten Mile Creelc. Water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 1.7 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1.8 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 1.9 Ten Mile Creelc is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 1.10 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 1. I 1 There is an existing home on the site that was, at one time, being used as a wedding/banquet/reception hall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. Adopt the City of Meridian Fire Department Recommendations as follows: 1.12 Applicant shall extend a water supply system to the proposed site. 1.13 Applicant shall install a hydrant at the proposed site. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -JOHN GOADE ~~ Adopt the Nampa and Meridian Irrigation District Recommendations as follows: 1.14 The right-of-way of Ten Mile Drain must be addressed before the land is developed. The Planning and Zoning Commission further advises: 1.15 Applicant will enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the property be subject to de-annexation, with the City of Meridian, which provides the conditions of the development as set forth hereinabove. 1.16 Subject all proposed development to the conditional use permit process. A:\Goade\Annex & Zoning Rec RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -JOHN GOADE u • HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT , , . B C il M be CITY OF MERIDIAN ounc em rc PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221 l RON ANDERSON Phone (208)' 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 15, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION ~ ZONING OF 8.51 ACRES BY: JOHN GOADE LOCATION OF :PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 C ITY ATTORN EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORT I DEPARTMENT ADA COUNTY (A N) YOUR CONCISE REMARKS: _CITY FILES HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT ., ,, (_08) 884--1..64 C il CITY OF MERIDIAN ounc Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY FE E1~VTT1~~,T1,,1~ MERIDIAN, IDAHO 83642 one (208) 888-4433 • Fax (208) 887-4813 ~ ~ R (208) 887-2211 PLANNING AND ZONING +.~ RON ANDERSON ," KEITH BIRD 1998 DEPARTMENT (208) 884-5533 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 15, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION ~ ZONING OF 8.51 ACRES BY: JOHN GOADE LOCATION OF PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 i~FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE{PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION)Q G~ Q~ YOUR CONCISE REMARKS: ~~ ' ~ u / u _CITY FILES r y ~-~ W i ~ .~ iyvl e ~ ~ % O,.~J ~ ~ REcE'~D JAN - 7 1999 ORGANIZED 1904 CITY OF MERIDIAN ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 4 JallUary, lyyy Phones: Area Code 208 \\ OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 ~ . RE: Annexation & Zoning of 8.5L.Acres for John Goade Dear Commissioners: The Nampa & Meridian Irrigation District has~no~comment on the annexation and zoning for the above referenced application althoughlthe right-of-way of the Temmile Drain must be addressed before the land is developed. The Nampa & Meridian Irrigation District's'right-of--way of the Tenmile Drain is 100 feet; 50 feet from the center each way. This is a contract drain with the Bureau of Reclamation, please contact John Caywood for their right-of--way widths. ' ~~\ . Sincerely, ~~ ,~/~ '~. Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office Water Superintendent ;~.~ . ~ ~~~ .. ~ ~ ~ x. I sn~ ~J 4~\~@ L ...Yw ;. ~1 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 January 8, 1999 Meridian Planning & Zoning Attn: Bill Berg 33 E. Idaho Meridian, Idaho 8362 Dear Bill, ~E cEiV~~ JAN 1 1 1999 City of I~Zericlian City Clerk Offiice I own the property at 627 S. Meridian Road adjoining the Goade property on Waltman Lane. I have reviewed their application and certainly favor the rezoning to commercial. If you have any questions please feel free to call me at 376-4665. Sincerely, c`\~ c V Dick Phillips ~.. ,. r s Pll~-aa. i,i ,a+c -p-.VJ "J JrIV WI"IRL GI`Ibll`ICCRJ G17a.7YY VJ fY 1 ~_~ i.. >* ~.a ~ J. J. HOWARD ~NGINEE R~N~H&R URVEYING BOISE IDAHO 83702 (20~) 3aa-057a !,1 F ... e 1 1 1 I 2 i 3, 1 ! a 1_:_::::::.:rnwnmol °u~liiii;ii[;r. .... - , :: .,lti~iin. lJ Illill .. :ES:) z::: -::::::~ "G;i;~! ... ::: ._.... au u r .• i=::::::~::::1;1111 In ~. Iil_i _i GC ~ i~ liL~i !ll!liice !p6i4( u!I;ilfi ,.. ~`rOII!~'a!!iiiitlu ' u"t;!li ! Gu Illii;iu~' llllllliu ~~:il~~ l ,, [u~ tll~~Ea{! !IIII l' hu ' • i it '!!::!!;. M! ~ Ir I't i: i;aa: °:°;u~111b..... ~ L :..:.. ~IUIwI::-r: all" ! Blilnll d1;°Ur u, uu utlUi:::' ;rr .1.-:~-. ,p' - ./l~lltiiiiw•. c . ~~»k i a'i::::,, l6iiii~iul ly~ . +~UUt '~E?F= 'gULtl .IUIaULIiGu , •vn:IG2i c r;r:::_ : c ~ i. D ime i z 9 ~t -. Fhon # Sub~eGt -.. • T A ~~ Send Before - -- .•Fax # X87-1 Z97 No. of Pa_~~ ^ Call Me ^ F.Y I. ^ For Your Approval ^ ~Jrgent '~ By Your Request ^ Per Our Conversation ^ Dial You Know? ^ A Note ^ Comments Requested . n:•al4~i~~ e '!'!!I! I{;Illp ~~ .,t:~:U::~tJ9:SA !Si2 ii :n .n1:~°~~nij, .1 • 5, : ~ . .rlllKr::irKi~:n~. j I~Il i li ~~ :mr %::•_ .. . t ( .r.:_ N 111 ~ r~iiiiiiE: .= ' ::: 1 ~ t l Y ' !fiiiijji '~I~iilU ililigi i Ililll ~iriiG, . .euw 1dI~Jr Iri::,-.1 4-..: . 11~ ,,11H ~ il i i-yl !llliiili , ICiliu . U ~':~ llIU11tIW !r •:..:. .... _. ...tt 111YL11:f:::1t:::1 1•i l•• 'UGIII i{Illill' :'1..:.:.....1..... .. -.__J °IlufirS.. ^Vt; .,.. .... ...ly:. ,1~.: 1 ~'{{~.~ ii:;,i:. /li il i ..., ql I ..,... ll a . ly JAN 12 '99 08 31 Ri!~+Ii1EEi=!Ee:a::!uuauurfN_u4uI~I !41r1i • .: a ml i 1 r ~NF l zo•: ` .. _3 ~i_'2ib°O1A.I uuil~ iir~ -s.c:n.:- ' ~~1) 11:1 ai;iiii ~ ~ I' a4r!:-1!i ~IIK 51~ J~ ~• CL!I?41 '=:" "+Uf~ilUi. >j^ + ;i., =-- ..~~~ i r^,",~~lfpifilitili'~ _ ..,.. ~ G ! i' ,,:.. x , IdUil4~l ,~4• g ..:~ii;10~{4!, _ •:...: tit ' llil~l _ t ..t ...__...._. : ~ril7iIR9`e :i:iii?t'3'.:c . _ __ •..~ . -: =cq~ ~Il~lfli- ,IIIP~ ~ ?' 2?4 ~' ~~. • .iuiiolllh: NlIl1Yi1:::::1:::.:: _' a' ij!•.. 'G..^ ~4^n.. IIIIIIIIII:.I..Y: It1U~!lil:plill::l: 1 ~ ~ • X151:: ..uull1Ulla.. lll .I....,.i..._...1I1 llfuJ.'.:~::::n f 2083440574 PAGE. 01 r . v a 1. ..:;~ ~~1. 'V..~ • ~'~ ~ ~ ~ /~ ' .00'S9l ~ 1 I 1 ~ ~1 5y, ~ ~~ ~ r ~. i '~ ~~~ ~~ ~~ I ~ ---J I I I i ~- '~ 4 Y 9b ~ • !i .......~~~...~~,~~~_ .C01t6 3.09.0O.O~S _ / ---- ~ ~ ~`r I ARBE- A.OO.OO.OON ~ ~ ~o/ / ~ , i ~ ~ -~ ~ l-~ / 1 ~ ~ ~a~ t L--------~~ 4 ~S,d ~L -~- I~ (_ t I~ IIY~ N 1~ 1 ' i 2~ ~ r' Im ml N, 1 7AM7A• lflf 19 ~ / ! ~ ~ ~ W + ~~ ~ ` ~ t~ / ~ ~, ~ ~ °;,. .~ at ~ ~ ~ i ~ ~ ` \ ~-~ ~ ~ ~ ~° ~~ ~ ~ ;~ o H ,\ t .os'io+ ~ A .OO.DO.OON ~, ~ \ ~V \ \ I \ \ \ ` I \\ \\ 8 ~ g ~.~ \ ~ /,~ \~ ~~ / ~~ ~~ ` ~I ~ ~ / _~ / Q ~ -~.,_~_. 3~~A dx~3 ~~ 4 . Y ~ ~ ~~~~ ~~~~ .t A ~ A ~a~ ~~~ ~I~I~ ~~ s~ 9 JAN 12 '99 08 32 2083440574 PAGE.02 ,, ~_. ~. ~. w *~ Tk STATUS REPORT ** DATE TIME TOiFROM 22 01107 09 17 2083440574 33 E. Idaho Meridian, 10. 836x2 Phone: 888-~t433 Fduc 887~t813 ,~.. AS OF JAN 07 '99 09 19 PAGE. 01 PUBLIC FORKS MODE MINiSEC PGS CMD# STATUS G3--S 01'53" 003 244 OK TO: J J ~o w 0. r~ From: Shan 5b10S Fax: 3 ~t H - IZ9 3 date: l - ~ - 9 `1 c_ Phone: Pages: 2 -~v I to win G Re: CC: O Urged $'Por Review O Please Common! ^ Please Reply ^ Please Re-cycle •Comments: f 4 ~~ , , I.. .,. w r, < f.~~~.~, .. ., „ y ,.,,, y_. ~'~r T .. ~ ~ - . ~ S{1 ..:. ~- ::r~~`¢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 wil{ hold a public hearing at` the Meridian City Halt, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on February 16, 1999, for the purpose of reviewing and considering the application of John Goade for annexation and zoning of approximately 8.51 acres of land which is generally located south of Troutner Business Park and east of Linder, on Waltman Lane. The application requests zones of L-O and C-G. 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 25th day of January, 1999. PUBL{SH January 27 and February 10, 1999 0 ILLIAM G. EERG, JR. CI CLERK \~~~,`#~;~t14t41itfttlt~tttt a ~ 'i .~ $.~.L ,~ ~~ ti ~~'f d s'~rfirr l~ t4~~~~y`*`~~ti ,, ^. , . _ -. ,. . ,f: ~, ~ i CENTRAL CEN AL DISTRICT HEALTH DEF •• DISTRICT Environmental Health Division • ~~HEALTH DEPARTMENT Rezone # Nr/~=kR-Tr~r~ l~ol 2~nit~ ~ • ~rS~ ae . Conditional Use # Preliminary /Final /Short Plat ~~~NE~ .DEC 2 3 ~gg~eturn to: TT,~~ ~~TT^ .Boise ~F ~RID11-f1~ ^ Eagle ~.ok~~ ^ Garden City .~ Meridian ^ Kuna ^ Acz ^ 2. ^ 3. ^ 4. 5. ^ 6. #' ^ 7 ;. . v ^ 8•' ,. ^ 9. ^ 10. ,i ^ I I. ^ 12. ^ 13. ^ 14. We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. V1/e will require more data concerning soil conditions on this Proposal before we can comment. 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 This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. • .This project-shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 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 The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: s ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until High seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installedito meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store q p- Date: /~/ ~- / / o Reviewed By: ~~ Review Sheet CDND 10/91 rc6, rer. 1/91 ~ , 3' ...~ ~..~ oa_ C-G ~, a '~ hf9gt~}:~ tai i ~ ti. ~ ° ~~ti,y ~ 'w 1~ ` ~i 34~'4c 4. ~ ~~ a~ i~~ ~ Y ~~ `~ ~~; }fit '~K hA'* '` ~ "~.'~ * ~' / , ia~ ' _. ~t ^ti~~, y Q~ y ~~ ~ ~h t- '. RT ~ ~ ~;; ~;~ , a . • ~ ,~~`~ D~vr~,~t> ~~~ ~oa ~~a~S~~°~ ~r' ~%~~o~~ ** TX CONF I RMA'I'P"!~rJ REPORT ** ~, AS OF JAN 25 ~ 1301 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 04 0125 13 01 208 888 1097 MODE MIN/SEC PGS ~ CMDtS ~ STATUS EC--S 00'30" 001 105 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 E hour of 7:30 p.m. on February 16, 1999, forth®purpose of reviewing and considering the application of John Goode for annexation and zoning of approximately 8.51 acres of land which is generally located south of Troutner Business Park and east of Linder, on Waltman Lane. The application requests zones of L-O and C=G.n p Amore 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 25~h day of January, 1999. ILLIAM G. ERG, JR. CI CLERK ,~~~~rMrmtrH/1,,~f , PUBLISH January 27 and February 10, 1999. Y \,~.~~.t ~ ~~'~~,,~~ ~oay ~• ~ ~o .. _ ~~~~ - ~1 ,gyp i~~','~,///1/rte., `N,`\``\,\~~ ',. j t ~- ..,.. ~ y.. .t 4 - NOTICE OF HEARING NOTICE IS HEREBYAGIVEN 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 January 12, 1999, for the purpose of reviewing and considering the application of John Goade for annexation and zoning of approximately 8.51 acres of land which is generally located south of Troutner Business Park and east of Linder, on Waltman Lane. The application requests zones of L-O and C-G. 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 21st of December, 1998. WILLIAM G. BERG, JR C .CLERK 'PUBLISH December 23`x, 1998 and January 6th , 1999 lr~~z~~s-tt~~~t~~ttrf' ,f `* r ,~ .- w. ~'~93 ~.t~~ 9~ ~.~ ,,~ Y ** TX CONFIRM~N REPORT ** 07 '12~ (~ >AS OF ;DEC .21 '~16~~18 PAGEr01 ~.~iv~s.sz.~^L-- CITY ,OF MERIDIAN ~TOiFROM MODE MINiSEC PGS CMD# STATUS .888 1097 EC--S 00'31" 001 030 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City. Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 12, 1999, for.the purpose of reviewing and, considering the application of.John Goade fvr annexation.. and zoning of approximately 8.51 acres of land which is generally located south of Troutner Business _. ,. .. , Park and east of finder, on Waltman Lane. ..The application requests~zones of L•=0 and C-G. + s. ~ . Amore particular description of the above property is on file in the City Clerk's E ~ ~ a 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 s submit testimony. ~ 4 y: ~ E y DATED this 21~` of December, 1998. ,* .. ~ .~ titi ~~ .,, f WILLIAM G. BERG; JR CI :CLERK ~, PUBLISH December 23ro, 1998 and January 6`h , 1999. ti <~~ ~I MIL ~~~ 9 ° `" 2 %~9~,~~r 1St •, .~`~9~ ~~ ~~ ** TX CONFIRMA~ REPORT *~ AS OF DEC 21 '~3~54 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 01 12/21 13 53 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'31" 001 018 OK NOTICE OF`HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 12, 1999, for the purpose of reviewing and considering the application of John Goade for annexation and zoning of approximately 8.51 acres of land which is generally located south of Troutner Business Park, between Waltman Lane ~ Ten Mile. The application requests zones of LO ~ CG. 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 21~` of December, 1998. WILLIAM G. BERG, JR., LERK PUBLISH December 23'x, 1998 and January 6th , 1999. ``~~~~~,~nn„~~~,A%~'' ~ ~~ii~ - z ~i~, ~o~ ,~. T ". .:~ . ., -- HUB OF TREASURE VALLEY '- Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (ZOg) 884-4264 Council Members CITY OF MERIDIAN PUBLIC' WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208)884-5533 TRANSMITTAL TO;AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS." WITH.THE CITY OF'MERIDIAN To insure that your comments and recommendations will`be.considered by the Meridian.. Planning and Zoning Commission, please submit your comments and recommendations to-Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 15, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION Sz ZONING OF 8.51 ACRES BY: JOHN GOADE LOCATION OF PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY,°P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ~`° ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z " ~' ADA PLANNING'ASSOCIATION KEITH BORUP, P/Z... CENTRAL DISTRICT HEALTH ROBERT CORRIE;~MAYOR NAMPA MERIDIAN IRRIGATION'DISTRICT:' RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ~ ADA COUNTY (ANNEXATION) FIRE DEPARTMENT _POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY y _CITY ENGINEER _CITY PLANNER CITY FILES - ~ F _. ._ RUG 11 '98 15 54 FR PUBLIC WORKS 2088871297 TO 3440574 R,EcErvED . ,~~. DEC 1 5 1998 CITY OF MERIDIAN City of Meridian ~'~ ~ 33~'EaSt Idsho StrCet Metbdian, ID ;84~' Clerk Office ~~° ~, ~.,• , ~ Phone: (20$) 888-4433 , ~ ~~ _ , { ~. ~- ~ ~ .- = Fax: (208) 887-4813 R~c~'~~ DEC ' 4 199 ~~ o ~~ ~ ~ ~~~ P.01i03 E_ ~. b: a ti fS~ ( ~ :N. APPLICATION FOR ANNEXATION ANA ZONING OR ItF..~O_ PRUPUSk~ll NANl!/ t7F SU~DM~ION: GENERAL LOCATION• ltlO,i,I-~'VVt~ ~~~yi.. h~Ci ~~ j • - - 3, TYPE (KES1bFNTIAI., nvnvsTRIAI.,' CoN11viF.RCIAL): Lm~~ ACRES OF LAND IN PROPOSFn ANNFXATi4N, ~• ~~ .. ~ -~-- P~ESENT Ari • ~: PROPOSED I.AN] FRESENT ZONING DISTRICT: PROPOSED`ZONINGDI8TRICT: ~ ~M (..~ -- APPLICANT: p.. CC~~ ADDRESS: ~~5.a ,' ~. a ~ / ~ I V ~f . . ENGINEER, SURVEYOR, OR PLANNF.R,~! e. .~ ADDRESS: .~0~~ ~ ~ ~• •} / J A .. _ f .. °" or } s PHONE:, ~a -~ <. $ _ . s M ~~ -~1~~ ~~~ OWNERS) OF RECORD: 11'/1~A~/1`- 1~.7 -~ • PHONE: ' ~i~'~36~ 1t3 ug:cs~3 ~: i 02 a~.. - p; t _ .., ,. -_ _~ ~, ., w. .m- .. .. r t pR,~~o~ ~~~,, _ ~ z 2 s ~ Aso ~z...,v ,~. ..~ ...,. ~ .. e - ~.. I}~~,.~y. ~, I ~~ ~ L ~!~ (J ~ I; _., ~...~. u ,.......~, k~ ...ear ~a _ 11 {Jn ~i ' b J. flJ.'tl:f ~t 'J:,I:nl3 ~,~ra~..rfbrno.~,;. ~.sa~s~ t~ +R . t ~. ~ , ~. FYONEEtt~~ ANY p10NEE~ TITLE j' 3 elsl W. Wflataan Av~a , ~, ~ ~~ ,,a~~~ ~~t, -.;n; - >.~o -~ -, RE wrp r„ 1'n 3EST Of r Y ''~ B - ~ ~ ~ ~ 4 ' - m ~~ =~ ~ F: w~~Y -DEED ~ ' 19910(1993° - f , ~~ 1?OR YALUEA1gC8tV~D s $I1TI1 HUlyTl;B, WHQ ACQUIRED ~TITI.E• AS•iilJTi! ~OLF, AS NEk SEPARATE " ' ~ , 3 n „~ ,~ + - ~~.~ s p _. . (haator. ;~ ~ doe. 6erdry . psfWLb fell and aortt-gr iau CQAbE Al~l'D 6ANDRA ~J . CoADF., . E Hl1S9ANp AHD fllFlivd - 4 ,~' . ~t . ` Sg55 3~k the Ottmtots a + whoaa cuereat addtrAt is: ' , MF.ItIDIAII, IA 83642 i ~ "tht following dacr'lbpd real proprrty In ADA' .. Connty, Stare ut Walw, tnorcparticulary described u follows, twit: ~ SEE 71T'!'AtikiEp BlWiBiz "A" UMiCH BY THIS ItEFEItENC6 I5 INC4l;PORATEL HE1tEIN ANl) MALE 4 ?. +R a e t ) !-` FART OFP• -° •~` f 'i• _ .. ~.~ - ~ ~5:~ ts).~~ ..~ t t ..~ .. i ,~' .q~ ~ ~ ti , r ~. s, r _ .~ sE } yes. ~, ~ ~' t ' n;ti ~ <1 ~. ~. s+: c x~ ~. k~ t ~ ~ ..~~ it ~, 5., r ..5 c, c'- ,,.,.~t a ' .. ~ ..~ P ~ s`~ - ~ ~ ..:1:. ~'"' ~ 1. .. ] . ` Y '~.~ TO HAVH AND Tb FIOLD the acid prcrt-isea, with Chair appunenttncea unto the said (3ranres Rand Grantee hp~~ and tusigty forever. Aed the raid Grantor daa s hrreby covttnanr m ttnd wirh the asid Grantee e . the Grantor i s the owner in fee sitrlpte o[ acid pretnisea; that quid premlaes t+re free from all encttmbrartaes, EXCEPT those to which this "conveyattne is expressly >Itadr wbjeot and shoat maic, suffered or done by the Qt'aruoe g iad subjtCt to reservations, ' . reatticxiona, dedicatloaa, eaaamema, rlgha of way. and agrer:tnenta, (if any} of regard. and general tarn and aaaesunenq, (lrtcl,:des irrigation and utiUry racers+nenu, (if any) far the current year, which are'oor yet due and papable, and That dranror t -; wACwartint and defend the r.cnt froth a!1 lawful claims whatsoever= Doted: July t)), 1995 r R ! HUNTER -. , ..- _. ..._ .... .... .-_.. .. ---- ~ E t a" STATE 0~ ,IOAIilZ..._ -, County ~, AI•A ,--- _-, aa. ,:~ On this ~__day of Nr,N+•aa~,s' , ` a r duly .. - _.~~-T~H;;; f,- ..., betare me ...:]iE_UNUti88IGNE~._._. .. . .° °-~~~'~~ r a hula uL u x r - ..~_~k~#--• sonally appeYred , .R1ITkLkUN71;li...-.... ~. ~.~ ~_ ---... _...,.. __.- ~ rY P !~ ', 1 lurown ur identif4pd to the to ba thcprrsir os ha ~ ~ E sdhst;ttbrcf to the .~~ ~~ - •• ~•~•- acktwwlydged to tnc that ~ le`. ~ ~~!"""--'_' wittli;t instnttrrnt, end ' i -rl1 L' CAC(4lllr;.[1 Sit ~ 4 i R `~ r ~ ~ ~ ~t ~ i t .... _ ~ , .._ ., `~ t +r A~y ~t>tnr+~r~~•~, n Fizlrir••r, j - 4b ,.s 6` h _ 0 2 - ---.:. _ °` _ ~ r ,. ., i ) " COMMITMENT fOR, "~.TLE INSURANCE . SCHEDULE C . • F8e Number: P139099 ~~ ~ ~ ~~~~~~~~ The land referred to to"this Commitment I~ described as follows: ~ P_~! - •°BEGINNING AT A POINT ON I HE Mt7 SECTION LINE 1NHICH BEARS SOUTH 89 DEGREES 58' WEST, WEST, 1325.50 FED FROM THE EAST QUARTER CORNER OF SECTION 13, TOJVNSHIP 3 NORTH RANGE 1 ~~ WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; ~ . `THENCE NORTH 677.65 FEET TO AN EXISTING IRON BAR; THE~~CE NORTH 181.38 FEET TO AN EXISTING IRON FIN; THENCE-SOUTH 79 DEGREES 3T IM1'EST ALONG THE NORTHERLY BANK OF AN IRRIG.~TION DITCH, 207.38. ' a FEET TO A STEEL PIN; &~ THENCE SOUTH 592.78 FEET TO A STEEL PIN; _ THENCE SOUTH 30 DEGREES 42' E/1ST, 266.2^ FEET TO THE M!D=SECTION UNE; THENCE NORTH 89 DEGREES 58' EAST ALO~!G SAID LINE, 68.6 FEET TO THE POINT OF BEGINNING. '' EXCEPT THE SOUTH 25 FEET THEREOF • ,, AR a ' BEGINNING AT A POINT ON THE MID-SECTION UNE WHICH BEARS SOUTH 89 DEGREES St:' WEST, ~ , 1393.56 FEET FROM THE EAST QUARTER CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE NORTH 30 DEGREES 42' WEST, 266.23 FEET TO A STEEL PIN; , THENCE NORTH~592.78 FEET TO A STEEL,PIN; . 'THENCE SOUTH 79 DEGREES 3T WEST ALONG THE NORTHERLY BANK OF AN IRRIGATION DITCH, 312.97 FEET TO AN EXISTING IRON PIPE; THENCE NORTH 84 DEGREES 39',WEST ALONG SAID DITCH, 143.92 FEET TO A STEEL PIN; ' THENCE SOUTH 101.50 FEET TO A STEEL PIN; THENCE WEST 282.00 FEET TO THE EASTERLY-BANK OF THE DRAIN DITCH; ' • THENCE SOUTH 60 DEGREES 10'20" EAST ALONG SAID DITCH, 741.70 FEET TO A POINT; THENCE SOUTH 32 DEGREES 25'10' E'AST,ALONG SAID DITCH, 365.78' FEET TO A POINT ON THE MID- , BECTIGN UNE; T•'~NCE NORTH 89 DEGREES 58' EAST ALONG THE MID-SECTION UNE, 34.50 FEET TO THE POINT OF BEGINNING. EXCEPT THE SOUTH 25 FEET THEREOF. E?JD~OF LEGAL DESCRIPTION ~ J,~ r ~, I ' i; ~ ~I 1'. I ~~ - w ~i _ - ' ~ •;~ ,~ . .. ,~ ;, _ ~~ . ~ ,., ~: r 4' i • • ~ E r ~ r DESCRIPTION FOR PROPOSED LO ZONING FOR. • . JOIIN GOADE A parcel of land being a portion of the NE'/4 of Section 13, T.3N., R.1 W., B.M., Ada County,. Idaho, said parcel being more particularly described as follows: y ..Commencing at the East'/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, 5.89°58'00"W. 1325.50 feet along the Latitudinal Center Line of said Section 13; thence, N.00°00'00'''E. 25.00 feet to the POINT OFBEGINNING; Thence, -5.89°58'00"W. 102.56 feet to the easterly bank. of the Ten Mile Drain; Thence along said bank the following courses and distances: N.32°25' 10"W. 365.78 feet; 1 Thence, N.60°'10'20"W° 741.70 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said bank, N:90°00'00"E. 282.00 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square .Subdivision; Thence, N.00°00'00"E. 101.50 feet to the Southwest corner of Troutner Business P_ ark, records of the Ada County Recorder, Boise, Idaho; Thence-along the south line of said subdivision the following courses and distances: S.$4°39'00"E. 148.92 feet; a ~° 'Thence, N.79°37'00"E. 520.35 feet to the Southeast corner of said subdivision; `~ Thence leaving said south line, 5.00°00'00"E. 165.00 feet; Thence, 5.90°00'00"W. 154.00 feet; Thence, 5.00°00'00"W.. 200.00 feet; . Thence, 5.62°05'22"W. 83.11 feet to a point of beginning of curve; Thence along a curve to the right 57.91 feet, said curve having a delta ofSS°18'06", a radius of 60.00 feet, tangents of 31.44 feet, and a long. chord of 55.69 feet which bears 5.00°15'35"E. to a point of ending of curve; Thence, 5:53°27'04"E. 282.80 feet; Thence, 5.00°00'00"E. 206.03 feet to the POINT OFBEGINNING, said .parcel containing 6.91 acres. ~ - e ~`E~,~IaEER ®!q ~~®~~~G 1 S T f R~, ~®,pG9~ e ` ~° o . . 4 247j1 ~° R J , H p G~~~ n a 9 J b 3 ~ E ~ F • t DESCRIPTION FOR'PROPOSED CG ZONING FOR JOHN GOADS ' ° . A parcel of land being a portion of the NE '/4 of Section 13, T.3N., R.1 W., B.M., Ada ,~ `County, Idaho, said parcel being. more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, ' Idaho; thence, 5.89°58'00"W. 1325.50 feet along the Latitudinal CentertLine of said Section 13; thence;' N.00°00'00"W. 231.03 feet to the POINT OF BEGINNING; < Thence, N.53°27'04"W. 282.80 feet to a point of beginning of curve; Thence along a curve to the left 57.91 feet, said curve having a delta of 55°18'06", a radius of 60.00 feet, tangents of 31.44 feet, and a long chord of 55.69 feet which bears N.00°15'35"W. to a point of ending of curve; Thence, N.62°05'22"E. 83.11 feet; Thence, N.00°00'00"E. 200.00 feet; ~' Thence, N.90°00'00"E. 154.00 feet; " Tehnce; 5.00°00'00"E. 463.00 feet to the POINT OF BEGINNING, said parcel containing 1.60 acres. ' r ,~~"E;~Ef,~~~~~ ~ JC~'~~T ERF~a~~~~ . ~ ~ `~ 24? 1 ~' ~,, 1Z f o1 ' . ~~~SF OF ~p~QQ- .. .l. HO t z a t t` ^. d ~.r' ca{ a ~"~ ......, ~ ~} a.,~. ~;.:.. ~ RT _# ~,, ...~_ R-40 i. f= fl }~ _. .~ ,, ,}• ~ m s ~~..1,rr . oat.- ~ ~ ._, .~ ~~...L, . . , f. , "~ ,GG ~, .. ~_ .__ _ - w . .~ ,~~ -~:~ .,• - ;~ _ _ ~ .. ~. ~ ~~ _~ ~ - W r ,. ti ~ ~ ~ ~i ,r, r :'~~ .. x ...., ~ ~ _ ~, y ~ ..,. .. ,.,~,~-. _. ,,,_ ~ t, _ y..s,.. ~ ~ ~ ~i ..~. ~ 'j .~ _ R ~'~ "~ '~~ F~T~ ~ -- .~ ~ _ __ _ } _ ..~_~, a .~ ~'. • ~~; --- CITY OF MERtDiAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888433 't;ustomer's Order No. Date Name e/O~1/7 ~ SQi7C/lcl, COap(,~ Address S~j$ (3~C/CY [~)-. l~~rlcll~an, /p. Phone: Z$6 - 7/z9 SOLD BV 2A-SF~ C.O.D. CHARGE ON ACCT. MDSE. RE7D. PAID OUT ~~ Zq Z f-~o ~' ~'lC- ZonP 535' °° fl Ce f-.~ 50 - l9 /D - 3 Z q i n?cc~"/~',~ FZ°PJ ~33~X~, /o7XZ l f{cc~ # SU - l q to - 3Lzq i) 1 !C ' ZZ, I I I I I I All claims and returned. goods MUST De accompanied by-this bill: 0 0 0 912 5 Received TAX ~ By S TOTAL ~a~(S 'ZL ~~- ~-~ PRINTED IN U.S.A. /Z-/y-9~ JJ,,~rnixrtowirx ~C-i„U-`/~/~ A .~J SOYINK `-CC/~lll,"6t,(/ . ~ ~ ,. ~~ ® LANp STYLE KAJ m O SOD ~ p < ~ m ~x m o T ~, D oD~ ~A a cD te=a 00 ~~z Wop 3 oa{m, wd ~~ ~ _ ~r m O~ ~ ~ D O°~ n N O fO~z~ L V =~ O C7Z ~ {n ,~ ~. ~ r v r J r n u J Iv . :~ . x 1~ ~ ~ o r r D ) N / ~`~ N W - ~ ~' N N _ _ ~ ~ - ~ O 1.80d23Y-Y~3 i • ro ~^ Vl~r r ~~o ~ ~~ O r ~ s ~ ~~~ ~~~~ x~ ry~ 8 r W~~ ~ ~Y~ O ~ ~°~ r~ ~v~, ~ o ~~ . ~e ~ ~~~~ r ~~`°` ~tr1c ^ ^ ~~~ .a - 'O 4° O ~`4 ~` ~ ~ n, , , o ti v 4.4 r- ~ ~ ~ f1,! ~~, .a ~~ ~ 1 O ,1 n~ '' R c` \\J ~_ \ \ ~ \ E~ ,~\ ~~ '~~ C`~~ -~~ \\' ~ ~ ~ N .. {'~ tJOU 12 '98 1632 FR PUBLIC WORKS 2088871297 TO ~34412yS r.e~ie4 I ~ ~ ~ ~~ ~ ~~ ~ ~' ~ ~~~ ~~~ ~ V~- ;; ~ ' 420 W. VVALTMAN LANE ~ z ` PROPERTY OWNERS WITHIN 3QQ': TROUTNER BUSINESS PARK CURRY GRANT R & LISA DAWN '' DEVELOPMENT CORPORATION 511 LS~'NHURST PL , ~ 10250 WHISPERING CLIFFS DR MERIDIAN YD 83642-2838 ; ~: ~ $pISE ID 83704 429 SW 05TH AVE ZANTMAN ItUDOLF & ALVES LAURA. .~ 443 W PENNWOOD ST ~, 510 LYTTFiURST PL , 351 W PENNWOOD ST - MERIDIAN ID 83642-2839 SW 05TH AVE " 503 SW OST~ AVE BERRY ARTHUR J AND 540 SW OS AYE TAMUR.A DOUGLAS W 551 SW 05TH AVE. 960 BROADWAY AVE. 5TE 450 BOISE ID 83706-3671 STUBBLED"VELD DEV CORP N MERIDIAN RD 2258 BRADFORD AVE _ `= _ IIIGHLAhiD CA 92346-2204 x MOORS MICHAEL JAX KEARNEY PL 532 KEARNEY PL FRANKI..IN .. MERIDIAN I17.83642-2835 `. LXINHURST PL a ' ~ BROOKS DAVID J WINWOOD RANDY 531 LYT~~iURST PL 1401 59TH ST N- MERIDIAN ID 83642-2$38 - °NAMPA IU 83687-8515 671 W PENNWQQD ST MACE DONALD I & CHRISTINE M' 530 LYNHiTRST PL WASE BRIAN D & KA.RI L MERIDIAN ID 83642-2839 490 LYNHiJRST PL MERIDIAN ID' 83642-2837 BAXTER RUSSELL K & INEZ I 533 K,EARNEY Pl., BURWEI.L RICK R & KIMBERLY J MERIDIAN ID 83642-2834 S 13 KEARNEY PL x MERIDIAN ID 83642-2834 GATES DAVID D 552 KEARNEY PL JOHNSON RUSSELL E AND MERIDIAN ID 83642-2835 BERRY ARTHUR J - 3I81NT PO BOX 381 KECK KRTSTINA D M,ERIDIA~T ID 83680=03$1 SS1 LYNXiURST PL N MERIDIAN RD MERIDIAN ID 83642-2838 SETZKE CAROL-A WEWERS rANINE $ 8t MICIiAEL J 512 KEARNEY PL 550 LYNHLJRST PL MERIDIAN ID 83642-2835 MERIDIAN ID 83642-2839 ~. NOV 12 ' 98 16 ~ 32 FR PUBLIC WORKS 2C~88S71 z97 _1 U .3441 ~y3 r. r~a~ r~ti , - ~ n ~ w °a- 7, ~ ` s ~ ~ ~ ~ ~ ' .. - a '~ _ ~ . ~ ~ ~ ~~ r/ ~ - b ~ ~ ~. HILL ANTHONY W ~ KASEY L RAJ. ,., ~ GOADS JOIN D , . .5855 BECKY ~: ~ 7$0 WALTMAN LN MERLDI 83642 5364 _ MERIDIAN ID 83642-2832.:,. , ~. ' ~ 42 ALTMAN LANE , !~ _ HADDOCK EDWARD K & NONA °~!' - CILSEN ]F:.tJNALD L & CAROL A 480 WALTMAN LN " `~ ,; 822 W GREENHEAD~ST MERIDIAN ID 83642-3033 ~~ h3ERIDIAN ID 83642-7709 ~' ~ ~ ROSE COTTAGE LLC _ ~ I°~ARPER TERRY LYNN ~ 2273 RIBIER DR :582 KEARNBY PL MERIDIAN ID 83642 ,i h~RIDIAN ID 8364?-2835 JOHNSON LANE !i 4 -505 W 'W'ALTMAN LANE ,~ C~AVANAUGH CRAIG M & DEBRA L W WALTMAN LANE. ~' Sr~1 LYN~ICJRST PL ' hIERIDIAN ID 83642-2838 TOWNI.EY LOREN F & KATHERINE J ' S2I WALTM.AN LN w MCCURDY CHERIE - MERIDIAN ID 83642-2857 580 L~lNHURST PL WALTMAN "` R :~ MERIDIAN ID 83642-2839 ' LEE CURTIS E AND LEE RODNEY D FERGUYSON RANDALL C ALDRICH DONNA J LIFE ESTATE w ~ 590 LYNIiURST PL . ~ 365 WALTMAN LN . MERa.I3IAN ID 83642-2$39 MERIDIAN ID, $3b42-3038 WHITE TAWNYA J COPE»DWAYNE B 8~ MARY KAY 806 W GREENHEAD ST 335 WALTMAN LN - " MERIDIAN ID ~ 83642-7709 ~ MERIDIAN ID 83642-3038 LORCHER MATTHEW B AND SMITH CHARLES L & JUDY a LORCHER JOSEP~I P ETAL ~ 295 WALTMAN°LN '' 740 WALTMAN LN MERIDIAN Iri 83642-_3040 _ MTRIDIAN ID 83642-2852E v " PHILLIPS RICFIARD M ~ h ~ 210 MCTRRAY ST BOISE ID 83714-4615 ~~• . ~ 627 S MERIDIAN RD ~ ~ ' HADDOCK GROVE M ET LTX . 520 WALTMAN LN° ~ a MERIDIAN-ID 83642=2856 ~ ~~ ~ - .~ * ri ~ 4` 7' {, For Accountable Mail ,, ~ f~O ~ ~ 1 Ui 1 ~ 1 W" 1 ~ J O ' co O, ~ ~ cn W N i j m ~~~ a o . K c ~ ~ ~ ,~ r ~( ~ ~ ~ T: ~° ~ . Z n ~ p ~ N s v V ~ Y ~V 6 ~ A ~ < 1 ~~ ry O O d c. Ch CA N c.h W w lli W O l!i' ~ FW-.. 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