HomeMy WebLinkAboutHowell, Bill AZ (2)OFFICIALS
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WILLIAM G. BERG, Jr., City Clerk
JANICE L GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDLA N
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 a FAX (208) 887.4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT 0. CORRIE
WALT W. MORROW
P&ZCOMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
'TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995
.TRANSMITTAL DATE: 9/18/95 HEARING DATE: - 10/10/95
REQUEST: Annexation/zoning of 28.49 acres to Commercial General (C- G)
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT:-_ South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
�';FIRE
DEPARTMENT
OLICE 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 PLAT)
CITY FILES
OTHER:�l— d- I "q •�
YOUR CONCISE REMARKS:
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April 19, 1999
Mr. Bill Howell
Transport Truck & Trailer
4655 Enterprise
Boise, ID 83705
Re: Proposed Freightliner Facility
Dear Mr. Howell:
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
With the advent of construction activity at the site on Overland Road, just west of
CESCO, the City of Meridian finds it necessary to reiterate the terms and conditions of
your annexation and zoning and the associated conditional use permit for this property.
As you are aware, the subjects of 24-hour operation and paint shop facilities were
discussed quite extensively during the public hearing process. The conditional use permit
was approved with specific time constraints and included no paint shop facilities.
The City of Meridian wishes to emphasize that we will aggressively enforce all elements
of the annexation and conditional use permit for this property and will not tolerate any
use of the property other than that expressly approved by the Meridian City Council.
Twenty -four-hour operation is not desirable at this location. Extensive commuter traffic
travels Overland Road; in addition, a new high school with its primary access on
Overland Road will be located directly south of this site.
No building permits will be accepted or processed by the City of Meridian until the
development agreement has been entered into between Bill Howell and the City of
Meridian. The agreement needs to specifically outline all terms and conditions of the
approved conditional use permit and will include all representations made at public
hearings. Please contact me if you have questions or need additional clarification' on this
matter.
Sincerely,
CITY OF MERIDIA��N�
p�Za" 1S
Shari Stiles
Planning & Zoning Administrator
cc: Mr. James Hebe, President, Freightliner Corp.
Hon. Robert D. Corrie, Mayor
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
Council 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
April 19, 1999
Mr. Bill Howell
Transport Truck & Trailer
4655 Enterprise
Boise, ID 83705
Re: Proposed Freightliner Facility
Dear Mr. Howell:
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
With the advent of construction activity at the site on Overland Road, just west of
CESCO, the City of Meridian finds it necessary to reiterate the terms and conditions of
your annexation and zoning and the associated conditional use permit for this property.
As you are aware, the subjects of 24-hour operation and paint shop facilities were
discussed quite extensively during the public hearing process. The conditional use permit
was approved with specific time constraints and included no paint shop facilities.
The City of Meridian wishes to emphasize that we will aggressively enforce all elements
of the annexation and conditional use permit for this property and will not tolerate any
use of the property other than that expressly approved by the Meridian City Council.
Twenty -four-hour operation is not desirable at this location. Extensive commuter traffic
travels Overland Road; in addition, a new high school with its primary access on
Overland Road will be located directly south of this site.
No building permits will be accepted or processed by the City of Meridian until the
development agreement has been entered into between Bill Howell and the City of
Meridian. The agreement needs to specifically outline all terms and conditions of the
approved conditional use permit and will include all representations made at public
hearings. Please contact me if you have questions or need additional clarification' on this
matter.
Sincerely,
CITY OF MERIDIA��N�
p�Za" 1S
Shari Stiles
Planning & Zoning Administrator
cc: Mr. James Hebe, President, Freightliner Corp.
Hon. Robert D. Corrie, Mayor
a
SUPPLEMENTAL INFORMATION
FOR ANNEXATION, ZONING, AND
CONDITIONAL USE PERMIT FOR
TRANSPORT TRUCK AND TRAILER, INC.
I.
OVERVIEW OF OPERATION
Existing Operations. Transport Truck and Trailer, Inc. is a licensed Idaho
dealership for the sales of new and used trucks and semi trailers. The current facility is
located at 4665 Enterprise, Boise, Idaho, and is adjacent to the Boise City Airport on a
leased parcel of land approximately five acres in size. Transport Truck and Trailer has
been conducting business and generating payroll in Boise for nine years. The current size
of the company is approximately 42 employees and is expected to increase to 60 within
a five year time span. The current annual payroll is in excess of $1,000,000. The
company projects a total volume of business to be over $20,000,000 for 1995.
The largest portion of the business is the retail sales of trucks and trailers. The
dealership services a client base throughout the eleven western states via a telemarketing
program supported by targeted advertising. Approximately 85 % of the sales volume is
generated by telephone rather than by "drive in" customers.
The company also provides parts and onsite service departments to augment the
sales division. The service component of the business includes work on both trucks and
trailers. Both the parts and service departments are conducted inside enclosed buildings.
Proposed Facflity. Transport Truck and Trailer Inc. proposes to construct a
43,000 square foot sales and service building to house all of the sales and service
activities of the dealership. This building will be located on a 12 acre parcel of land
approximately one quarter of a mile east of Locust Grove Road between Overland Road
and Interstate 84. This proposal reflects the reduction in area from that which was
reviewed by the Planning and Zoning Commission, from 20 acres to 12 acres. The
balance of the 28 acre parcel will likely be sold for other uses.
The use proposed for this facility is analogous to an automobile dealership such
as that which the city recently approved for Meridian Ford. Activities on the site include
the sale of new and used trucks and trailers, servicing of trucks and trailers, and the sale
of parts. Activities which will not be conducted on the site are body repair (including
SUPPLEMENTAL INFORMATION, Page 1
P
painting) and full service leasing, which were the topic of discussion before the Planning
and Zoning Commission. Those activities will remain on the company's existing site in
Boise.
The normal operating hours for the facility are 7:00 a.m. to 6:00 p.m. with the
occasional need to remain open until 11:00 p.m. in order to complete emergency service
or repair work. It is estimated that the facility will be closed 80 percent of the time by
6:00 p.m., 15 percent of the time by 8:00 p.m., and 5 percent of the time by 11:00 p.m.
Attached to this narrative is a site plan depicting the general layout for the facility.
The sales and service building is set back from Overland Road approximately 140 feet.
New and used tractor display areas are provided along Overland Road and Interstate 84.
Also attached to this narrative are landscaping plans and building elevations.
Depicted are minimum 35 foot landscape buffers along Overland Road and Interstate 84
and generous landscaping throughout the project' site.` As' can be seen, the proposed
building will be of substantial construction, consisting of textured concrete panels and
premium glazing. The building will resemble buildings found in high tech parks and will
be of a quality and design similar to that of the recently completed Meridian Ford. Such
a building will present a clean and attractive image that will not only enhance the
character of this general area, but also that of the city.
It is important to recognize that the proposed facility is most analogous to an
automobile dealership. The differences, of course, are that Transport Truck and Trailer
deals in trucks rather than automobiles and will generate in the neighborhood of only ten
percent of the traffic that the recently approved Meridian Ford Dealership is estimated
to generate. The facility is = a trucking terminal type operation, nor is it a truck stop.
There will be no underground storage tanks, no bulk oil storage, and no fuel sales on this
site.
H.
COMPLIANCE WITH COMPREHENSIVE PLAN AND ZONING ORDINANCE
Comprehensive Plan. Meridian's recently enacted comprehensive plan, on several
occasions, makes the point that the city seeks to encourage commercial enterprises to
locate in Meridian. Evidencing that point is the policy designated 1.6.0 on page 10
which reads "encourage and support new businesses and industries which offer higher
than average wage jobs and upward employment mobility to locate in Meridian." The
same point is made in policy 1.1 on page 18 which reads "The City of Meridian shall
make every effort to create a positive atmosphere which encourages industrial and
commercial enterprises to locate in Meridian. " As indicated above, Transport Truck and
SUPPLEMENTAL INFORMATION, Page 2
Trailer seeks to relocate its facility from the City of Boise to the City of Meridian where
it will provide as many as 60 jobs and an annual payroll'in excess of $1,500,000.
The site upon which the applicant proposes to construct this facility is designated
in the city's Comprehensive Plan as a mixed use area where commercial uses are
anticipated. In fact, the land use section of the Comprehensive Plan provides for mixed
uses along the I-84 corridor, "which are attractive and compatible with high volume
trdffic corridors. " The truck dealership proposed by the applicant is uniquely suited to
the area since it is bounded on the north by Interstate 84 and on the south by Overland
Road. Very few uses would be suitable in that location. Moreover, policy 5.15.0 on
page 28 of the Plan provides "the mixed use area in the vicinity of the Overland
Road/Franklin Road/Eagle Road/I-84 interchange is a priority development area. " The
proposed use clearly meets both the spirit and intent of the comprehensive plan.
Zoning Ordinance. The use proposed by the applicant is best identified as a
commercial use rather than as an industrial use as those terms are defined in the city's
zoning ordinance. A commercial use is defined as "the purchase, sale, or other
transaction involving the handling or disposition of any article, substance, or commodity,
or the dispensing of services for livelihood or profit.... " Industrial, on the other hand
is defined as "[t]he manufacture, processing, and testing of goods and materials, including
the production of power. . . . " The proposed truck sales and service facility appears
better categorized as a commercial use than industrial use since it does not contemplate
the manufacture, processing, and testing of foods and 'materials. Instead, it contemplates
the sale of articles and the dispensing of services.
The applicant proposes a C -G (general retail and service commercial) zone, the
purpose of which 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. . . ." Of the
several*zone choices defined in the ordinance, the C -G zone designation appears to be the
best fit for the proposed use. It not only provides uses which are operated almost entirely
within a building, but it is auto and service oriented, is in close proximity to a major
highway (I-84), and an arterial street (Overland Road), 'and provides travel related
services.
The zoning schedule of use control found at Section 2-4096f the zoning ordinance
includes "sales lots (auto, rec., and agricultural, etc.)" as allowed as conditional uses in
the C -G zone. The recently approved Meridian Ford Dealership, which consists of a use
analogous to that which is proposed here, was approved in a C -G zone under a
conditional use permit.
SUPPLEMENTAL INFORMATION, Page 3
CONDITIONAL USE CRITERIA
The Meridian Zoning Ordinance sets out a number of criteria which are applicable
to conditional uses. Among them are the following:
1. Use is in accordance with the Comprel ensive P1an and Zoning Ordinance.
The information summarized in the preceding section demonstrates that the proposed use
is in accordance with the comprehensive plan and the zoning ordinance. The proposed
use is best categorized as a commercial use and is of the type which is anticipated for the
subject location.
2. Use is harmonious and appropriate with the existing or intended character
of the general vicinity. It must first be recognized that the proposed site lies between
Interstate 84 and Overland Road, two traffic corridors with relatively high volumes. This
site is not likely to attract residential or office uses. Instead, it is more likely to attract
commercial uses which are compatible with high traffic areas. Attached to this narrative
is an expanded vicinity map showing the existing uses along Overland Road between
Meridian Road and Eagle Road. Among those uses are Meridian Ford, Arnold
Machinery, Western States Equipment Company (Caterpillar), and Inland Coca-Cola.
To the south is the proposed (but not yet final platted) Sundance Subdivision, a
proposed residential development of almost 300 lots. That proposed subdivision is
separated from the proposed use by Overland Road which, upon approval of this project,
will consist of a 90 foot right of way and is buffered by a 20 foot wide landscape area
south of the Overland Road right of way (which was imposed as a condition of approval
of that project) and a 35 foot landscape buffer strip on the north side of Overland Road
,which is proposed for this project. The proposed sales and service building will be set
back approximately 140 feet from the Overland right of way providing a total separation
between this use and the adjacent residential uses of 250 feet.
Bearing in mind that minor arterial streets (such as Overland Road) are, according
to the definition contained on page 43 of the Meridian Comprehensive Plan, intended to
"serve as boundaries for neighborhoods, as well as buffers between incompatible land
uses, because of their 66 to 90 foot right of ways," and remembering that the -proposed
Sundance Subdivision was approved after the city's comprehensive plan was adopted in
1993 designating this area as a mixed use area, it appears that the proposed use is
harmonious with both the existing and intended character of the general vicinity.
SUPPLEMENTAL INFORMATION, Page 4
3. The Use Will Not Be Hazardous or Disturbing to Existing or Future
Neighboring Uses.: As indicated above, the proposed facility is a truck and trailer
dealership, not a truck stop such as are seen throughout the interstate highway system.
The proposed facility generates a modest amount of traffic compared with other
commercial facilities, generates less noise than is commonly associated with commercial
enterprises, and is subject to strict regulations with respect to pollution control and
hazardous materials. As to traffic issues, attached to this narrative is a trip generation
and traffic distribution analysis prepared by Bell Walker Engineers. Based upon its
analysis of the applicant's existing facility and taking into account anticipated growth in
the business, Bell Walker Engineers estimates that the proposed facility will generate only
212 trips per day, with just 38 of those being trucks. Bell Walker also concluded that
95 % of the vehicles will access the property from the Eagle Road interchange with only
five percent accessing from the Meridian Road interchange. The applicant can, through
its marketing literature and roadside signs, encourage its customers to use the Eagle Road
interchange rather than the Meridian Road interchange.
The Ada County Highway District has analyzed the proposed project (prior to its
being downscaled) and concluded: "The transportation system will be adequate to
accommodate additional traffic generated by this proposed development. " This
conclusion was based, in part, on the total'traffic count on Overland Road of just over
7,000 vehicles on July 12, 1995. The Highway District has, conditioned its approval of
the project on the - applicant dedicating 45 feet of right -of way from the center line of
Overland Road (20 additional feet) and that the applicant construct a center turn lane at
the main entrance on Overland Road which will "allow through traffic on Overland Road
to proceed without delay or risk." The applicant is, of course, willing to comply with
the requirements of the Highway District.
With respect to the generation of noise on the site, the -applicant conducted a sound
level study in order to determine what level of sound is expected to emanate from the
facility and how that sound level compares with other known uses. Attached to this
narrative is a copy of that study. The decibel ranking contained in the study consists of
the average sound level recorded at various sites over twenty minute periods of time.
The results of the study demonstrate that the sound level at the current dealership site is
lower than that recorded at -the corner of Overland and Bonefish, where the" Meridian
Ford Dealership is located, and lower than that which is found at Cherry Lane Plaza in
Meridian, a commercial development site. The sound level compares favorably to that
which was recorded at the Clubhouse in the Island Woods Subdivision, a higher end
residential subdivision located in Eagle, Idaho. The sound study also demonstrates that
sound generated along busy arterial streets decreases significantly as you move inside
adjacenf residential subdivisions. Accordingly, this facility is not likely to have any
significant impact on the residential subdivision proposed to be built south of Overland
Road.
s
SUPPLEMENTAL INFORMATION, Page 5
i
The hours of operation proposed for this facility are generally from 7:00 a.m. until
6:00 p.m., with the expectation that on occasion emergency repair or service work may
extend into the evening hours, but not beyond 11:00 p.m. It should be recalled,
however, that all of the service work is performed in an enclosed building which will be
properly insulated to prevent noise from escaping the project site.
All exterior lighting will be designed so as to minimize impacts on adjacent
properties, including the interstate. Moreover, the proposed landscaping, as shown on
the attached landscape plan, will further mitigate any noise or visual impacts which may
be caused by the facility. In addition, .there will be no use or installation of an exterior
loudspeaker paging system on this site. All paging functions are carried out by personal
pagers worn by employees.
With respect to pollution and other related hazards, the operation of the entire
facility will conform to all OSHA, EPA, and DOT regulations as published by the
y -federal, state or local governments. Attached are selected portions of the relevant.
environmental regulations which are applicable to this project and with which the facility
will comply. The facility will not include any underground storage tanks and there will
be no paint and body shop, no bulk oil storage and no fuel sales on this site. Simply
stated, the proposed use will pose no greater, threat to the environment than any other
retail type establishment, and certainly no more than an automobile dealership such as
that which was recently approved by the city in, the same vicinity.
4. Use will be served adequately by essential public facilities. The project will
be served by city water from lines which are located at Overland Road and which must
be extended to the project site at the applicant's expense. The project will also be served
by city sewer by extending the sewer lines, also at the applicant's expense, from the St.
Luke's medical facility in the same fashion as that which was approved 'for the Sundance
Subdivision. The main transportation facility to be impacted by the site is Overland
Road. As indicated above, the Ada County Highway District has concluded that the
transportation system will be adequate to accommodate the additional traffic generated by
the proposed development. The approximately 200 additional vehicle trips on Overland
Road (which now carries in excess of 7,000) will have,.a negligible impact on the
transportation system. I
5. The use will not'be detrimental to persons; property or the general welfare
by reason of excessive production of traffic not e; smoke fumes, glare or odors.
The information summarized above amply demonstrates that the proposed project will not
result in excess noise, traffic or other offensive activities. The traffic to be generated is
minimal compared to other commercial uses, the noise generated is less than that which
is expected to emanate from general commercial enterprises, and the fact that all repair
SUPPLEMENTAL INFORMATION, Page 6
{
activities will be conducted in an enclosed building eliminates the possibility that offensive
noise, smoke or odors will emanate from the facility.
6. Use will have ve 'cular approaches designed not to create interference with
traffic on surrounding public streets. As indicated above, the Ada County Highway
District has concluded that with the addition of a center turn lane on Overland Road and
acceleration/deceleration lanes adjacent to the entryways, the project will not create
interference with traffic or pose additional risk. Moreover, since 95 % of the traffic to
and going from the facility will access Overland Road from the Eagle Road interchange,
there will be little if any impact at the more congested Meridian Road interchange.
IV.
CONCLUSION
The proposed truck and trailer sales and service facility should be approved by the
city of Meridian for several reasons, some of which are as follows:
1. The proposed project if approved would be in compliance with the
comprehensive plan as generating additional commercial enterprises in a location which
has been designated as a priority development area for uses of this type.
2. The proposed facility complies with the requirements of the zoning ordinance
since it proposes a commercial use (as defined in the ordinance) in a commercial zone
which zone allows for such a use.
3. The use will not be hazardous or disturbing to existing or future, neighboring
uses nor will it be detrimental to any persons or property in the vicinity since it will
create minimal traffic, minimal noise, no pollution, and will be professionally landscaped
so as to buffer it from other adjacent uses.
4. The use will be adequately served by central public facilities such as sewer,
water, and transportation. It will not create excessive additional requirements for public
facilities at public cost.
SUPPLEMENTAL INFORMATION, Page 7
JRGILLESPIE ID:208-3447100 MAR 12'99
JAMES R. GILLESPIE. P.A.
JAMES R. GILLESPIE
DATE:
TO:
FROM:
ATTORNEYS AND COUNSELORS AT LAW
512 WEST BANNOCK
POST OFFICE BOX 2337
BOISE, IDAHO 83701
i
FAX
^F
James R. Gillespie
DUMBER OF PAGES (including this cover sheet):
MESSAGE:
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TELEC NCIMBER CALLED
Original will not follow
Original will follow by:
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If you do not receive any f i
(208) 344-8400 and ask for
10:03 No.001
MAR 12 19991��
CITY OF MERIDIAN
PLANNING &z ZONING
TELEPHONE(208) 344-8400
FAX (208) 344-7100
please call
This is a confidential communication and i not to be delivered to'or read by any person
Other than the addressee. Facsimile transmission is not intended to waive°the attorney-
client privilege or any other privilege, if this transmission is received by anyone
other than the addressee, the recipient is requested to call James R. Gillespie, P.A.,
collect at (206) 344-8400, and to immediately return this document by United States mail
to James R. Gillespie, P.A. at the letterhead address. James R. Gillespie, P.A.
guarantees return postage. #
MAR 12 '99 09:10 208 3447100_ PAGE.01
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MERIDIAN CITY COUNCIL MEETING: FEBRUARY 20 1996
APPLICANT: ITEM NUMBER; 5
REQUEST; ORDINANCE #724,e L HOWEL'L`•ANNEXATION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
x
IDAHO POWER: k
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian,
I
ORDINANCE NO. 724
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA.COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian,, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
7
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A. tract of land situated in'the Southwest 1/4 of Section
17, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho and being more particularly described as
follows:
Commencing at a brass cap monumenting the Southeast
Corner of said Section 17; thence along the southerly
line of said Section 17, said southerly line being the
centerline of Overland Road South 89046122" West a
distance of 2656.94 feet to a found 5/8" pin monumenting
.the South 1/4 'corner of said Section 17; thence
continuing along the southerly line of said Section 17
North 890521191, West a distance of 100.60 feet to a found
steel pin, said pin being the POINT OF BEGINNING.
Thence North 00°24158" East a distance of 500.60 feet to
a found steel pin,
Thence North 55°16102" West a distance of 100.08 feet to
a found steel pin,
Thence North 24°22102" West a distance of 337.77 feet to
a found steel pin,
Thence North 15012'02" West a distance of 179.69 feet to�
a point,
Thence North 25°27102 West a distance of 359.04 feet to
a -point on the Northerly right-of-way of Interstate 84,
ANNEXATION ORDINANCE HOWELL Page 1
Thence following the said right-of-way of Interstate 84
Southwesterly 801.79 feet along the arc of a circular
curve to the right said curve having a central angle of
04°52'0111, a radius of 9439.30 feet, a chord bearing of
South 84°26134" West, and a chord distance of 801.55 feet
to -.a point on the westerly line of the Southeast 1/4 of
the Southwest 1/4 of said Section 17,
Thence leaving said northerly right-of-way and following
said westerly line South 00°28,00" West a distance of
1282.56 feet to a found steel pin monumenting the
Southwest Corner of said Southeast 1/4 of the Southwest
1/4,
Thence along the southerly line of said Section 17 and
said centerline of Overland Road South 89052119" East a
distance of 1227.61 feet to the POINT OF BEGINNING.
is hereby annexed to the City of Meridian, and shall be zoned C -G
General Retail and Service Commercial; that the annexation and
zoning is subject to the conditions referenced in the Findings of
Fact and Conclusions of Law as adopted by the Meridian Council on
the request for annexation and zoning; that all ditches, canals and
waterways shall be tiled, including those that are property
boundaries or only partially located on the property.
Section 2. That the property shall be, subject to de-
` annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to.
Meridian water and sewer at Applicant's cost and resolve
how the water and sewer,mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan.
C. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address inclusion the
requirements of 11-9-605 C, G 1., H, K, L, and M and 11-
9-606 pertaining to bicycle pathways, storm drainage,
sidewalks and pedestrian walkways, greenbelt, and
pressurized irrigation, of the Revised and Compiled
Ordinances of the City of Meridian and other matters;
that the property may be de -annexed if the terms and
ANNEXATION ORDINANCE - HOWELL Page 2
C
conditions of the Development Agreement are note
satisfied.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular ' Section 11-9-616, which pertains to
development time schedules and requirements, 11-9=605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law, which are incorporated
herein as if set forth in full, and in particular each
and every condition and/or requirement stated in
paragraph'M. of the conclusions of Law stated therein,
and meet the Ordinances of the City of Meridian.
g. Meet the representations that were made by the Applicant
and those of his representatives, which include but are
not limited to the following:
a. Those made by David H. Roylance in his letter dated
December 13, 1995. _
b..: Those made in the Supplemental Information for
Annexation, Zoning and Conditional Use Permit.
C. Those made at the public hearings and on plats, and
other documents, submitted to the City.
d. Those made as to the hours of operation on page 2
of the Supplemental Information document.
e. That there would be no underground storage tanks,
no paint or body shop, no bulk oil storage, and no
fuel sales on site.
Section 3. That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property,. to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten (10) days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is -hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
ANNEXATION ORDINANCE - HOWELL Page 3
y
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this day of February,
1996.
APPROVED:
MAYOR -- ROBERT D. CORRIE
ATTEST:
WILLIAM G. BERG, JR. -- CITY CLERK
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
`is a true, full and correct copy of .an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.";
passed as Ordinance No. 724 , by the City Council and Mayor of the
City of Meridian, on the day of February, 1996, as the same
appears in my°office.
DATED this day of February, 1996.
City Clerk, City of Meridian
Ada County, Idaho
ANNEXATION ORDINANCE - HOWELL Page 4
STATE OF IDAHO,)
ss:
County of Ada, )
On this day of February, 1996, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, JR. known to me to be the person whose
name is subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
SEAL a Notary Public for Idaho
Residing at Meridian, Idaho
My Commission Expires
ANNEXATION ORDINANCE - HOWELL Page 5,
wa�f tj tc
Sherry R. Huber, President . 318 East 37th Street
Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499
Marlyss Meyer Routson, Secretary Phone (208) 387-6100
Dave Bivens, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us
February 8, 1999
TO: Bill Howell
Transport Truck and Trailers
P.O. Box 15324
Boise, ID 83715
FROM: Karen Gallagher, Development Coordinator
Planning & Development Division
SUBJECT,: A , MCU-1:9:-95/MA-3-95 Truck/trailer sales & service
Overland eYo Locust Grove
Your application for the above referenced project was acted on by the -Commissioners of the Ada
County Highway District on February 3 1999. The attached staff report lists conditions of
approval and street improvements which are required.
If you have any questions, please feel free to call me at 387-6170.
cc: Plan&Dev Svcs-chron/file
John Edney
Chuck Rinaldi
Mark Canfield, CESCO
Robert Feldmann, Wright Brothers
City of Meridian- Shari Stiles
Briggs Engineering
Meridian School District- Jim Carberry
41
KG
s
i
ADA COUNTY HIGHWAY DISTRICT
Development Services Division 3
Development Application Report
i
Amended MCU-19-95/MA-3-95 Overland c/o Locust Grove Truck/trailer sales & service
The applicant is requesting annexation approval with rezone from RT to CG and conditional use
approval for a truck and trailer sales and service facility. The 28.49 -acre site is located on the
north side of Overland Road approximately 1/4 -mile to 1/2 -mile east of Locust Grove Road.
This development is estimated to generate less than 1,000 additional vehicle trips per day
(depending upon the ultimate use of the undeveloped portion of -the project).
l
y On October 4, 1995, the,Commission approved this application. The applicant is requesting new
locations for the two driveways to Overland Road that were previously approved. Staff has
attached. 1.) a letter from staff dated September 9, 1996, 2.) the applicant's letter requesting the
new driveways, and 3.) the original map from staff's September 9,494, that shows the
applicant's new driveways.
Roads impacted by this development: Overland Road
M
ACHD Commission Date - February 3, 1999 - 12:00 p.m.
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Facts and Findings:
A. General Information
RT - Existing zoning
CG - Proposed zoning
28.49 - Acres ,
21,600 - Square feet of proposed sales & service building (approx)
31,200 - Square feet of proposed maintenance shop (approx)
286 - Traffic Analysis Zone JAZ)
West Ada Impact,Fee Benefit Zone
Western Cities Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation
Traffic count 11,230 on 11-16-98
803 -feet of frontage
50 -feet existing right-of-way (25 -feet from centerline)
96 -feet required right-of-way (48 -feet from centerline)
Overland Road is improved with 28 -feet of pavement with no curb, gutter or sidewalk. Plans
for the improvement of Overland Road from Eagle Road to Meridian Road have been
completed. Overland Road from Locust Grove Road to Eagle Road is listed in the current Five
Year Work Program for constriction in 2003.
B. The subject property is currently used for agricultural purposes. The site plan indicates that this
is a parcel split off from an original agricultural parcel and a separate parcel includes the
original farm residence.
C. Districtpolicy allows a total of three driveways on Overland Road for the entire parcel(1228-
feet of frontage on Overland Road). In the original 1995 submittal, access to site was proposed
to be provided by three driveways. The western portion of the'site is proposed for development
with this application. On September 6, 1996, staff met with representatives from the parcels to
the west and south to discuss driveway. locations. The outcome of that meeting was documented
in,a letter from ACHD dated September 9, 1996. The locations of the two western driveways
for the subject site were specified at 560 -feet east of the site's west boundary and a future
driveway located 230 -feet from the driveway just mentioned and the neighboring parcel to the
west (John Deere) which is located 9 -feet west of the subject site's west boundary.
The applicant is now requesting two driveways located 430 -feet and 958 -feet from the site's
west property line. These driveways meet the District's offsets between driveways. The
applicantihas discussed =the new driveway locations with the Meridian School District, who has
a school site located south of Overland Road (the site does not abut Overland Road). The
MCU 1995.mod. WPD
Page 2
E
r,
1
4. ' -' " Consfruct an eastboiindaeft turn lane in Overland Road adjacent -.to the western driveway. The
design of the added turn lane should provide a minimum. 100 -foot storage area.plus the seeded
approach and departure tapers. The roadway design plans must be approved by District,
Planning and Development staff.{
3
5. The location of the eastern driveway is approved at 958 -feet from`the site's west property line.
The dimensions of the driveway and the need for an eastbound left turn lane will be determined
by'ACHD in,the future when a development -plan and circulation plan for the eastern half of the
site is submitted in `the future.
6. A total of three driveways on Overland Road are permitted for the entire parcel (including
future develbpment) in compliance with District, policy. E y
Standard Requirements:
1. A request for modification, ,variance or waiver of any requirement or policy outlined herein
shall be made in writing to the Development Services Supervisor. The request shall
specifically identify' each requifement to be reconsidered', and include a written explanation of
whi such a requirement would result in a sub'staniial hardship or.inequity...
Requests received prior to the date scheduled for Commission action shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
2. A request for an appeal of the Commission's action shall be made in writing to the
Development Services'Supervisor within 15 calendar days of the action and shall include a
minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within
20 calendar days after receipt. The request for appeal shall specifically identify each
rec uirement to be reconsidered and include a written explanation of why such a requirement
would result in a substantial hardship or inequity.
3. A right-of-way permit must be obtained from ACHD for any street or utility construction
within the public right-of-way. Utilify cuts should be combined where,practical to limit
pavement damage.., Utility street cuts in roads paved within the last five years will not be
allowed unless approved by the District Commission. Contact Construction Services at 345-
7667 (with file number) for details.
I I
4
5
a
a
Submit. site drainage plans and calculations for review and appropriate action by ACHD prior to
issuance of building permit (or other required permits). The proposed drainage system shall
retain'all storm water on-site and shall conform to the requirements of the City of Meridian.
Locate driveway, curb cuts a mini miirri of 5 -feet from the. side lot property,lines when driveways
`
are' hot being`shared'with the adjacent property.
MCU 1995.mod. WPD
Page 4
9. , _ If street improvements are required, locate obstructions (utility facilities, irrigation and drainage
ditches and appurtenances; 'etc.)'oittside of the public'right-of-way 'Authorization for
' relocations shall be obtained from the appropriate entity. If determined by the District, existing
irrigatiori'facilities may remain in the right-of-way with District review and approval of
'easements recorded for future relocation at a later date.
10: Locate proposed signs) out of the public right-of-way and out of the clear -vision sight -triangle
of all street and driveway intersections:
11. Provide a clear vision sight triangle at all, street intersections.. Within this triangle no
obstruction higher than 36 -inches above the top of pavement will be allowed, including
landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg
measured down the centerline of any collector 350 -feet; and the short leg measured down the
centerline from the collector street curb line 20 -feet. Provide notes on the plat and street
construction plans of these restrictions.
12. Submit three,sets of street construction plans to the District for review and appropriate action.
13. Provide design data for proposed access to public' streets for review and' appropriate action by
ACHD - f ....
14. All public streets and drainage systems shall -be designed and constructed in conformance with
District standards and policies.
15. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations
presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or
Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215.
16. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
17. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
1
Should you have'anyquestions or comments, please contact the Development Services
Division at 345-7662.
►arP of Commis i411 Apprdva].
i S„bmitted by-
DevelQP_ S9 ices Staff Eebruary
3199
1999
W MCU 1995 •WPD
Page 5
3
SHERRY R. HUBER, President
SUSAN S. EASTLAKE, Vice President September 9, 1996
JAMES E. BRUCE, Secretary
Bill Howell
Transport Truck and Trailers
P.O. Box 15324
Boise ID 83715
RE: Summary of access to Overland Road east of Locust Grove Road
Y
On September 6, 1996, representatives"of John Deere/MCU-24-96, Bill Howell/MCU-19-95, and the parcel'
previously processed as Sundance Subdivision discussed a joint solution to multiple driveways on Overland
Road maintaining the District's required 230 -foot separation between driveways based on a 45 mph speed
limit. Bill Howell/MCU-19-95 was the only participant with approved driveways. Sundance Subdivision is
no longer proceeding and the deadline for final plat submittal is within the next month or two. John
Deere/MCU-24-96 was in the process of review and was proposing a driveway,that did not have adequate
separation from a driveway approved in MCU -19-95.
Mr. Howell is in the process of modifying his site plan to develop the east side of his site first. The District
is appreciative of Mr. Howell's cooperation and flexibility, without which a 3 -party solution may not have
been possible. Mr. Howell agreed to relinquish the approved driveways in MCU -19-95 with the approval of
the following driveways from east to west:
Howell`parcel - 1.) a 40 -foot wide driveway 560 -feet east of the -site's west boundary
2.) a future driveway located 230 -feet from both driveway #1 and driveway #3 (a
range of approximately 100 -feet)
John Deere parcel - 3.) a40 -foot wide driveway, located 9 -feet west of the site's east boundary with a
cross access easement to the Howell parcel
Sundance parcel - 4.) a future'driveway located 230 -feet from both driveway 43 and an existing
driveway to Lot 2 of the Playground Subdivision (a range of approximately 110 -
feet)
The Sundance.parcel has the choice of additional driveways or streets (total of 3
maximum) that may either align with driveways #1, 92, or 93, or offset 230 -feet
to the east of driveway 91 (assuming no additional conflicting driveways).
ada county highway -district'
318 East 37th 9 Boise, Idaho 83714-6499 9 F^one (208) 345-7680
w8Consultin 'Grou
P.O.Box 545- Eagle, ,Idaho 83616..(208)939-0000,:Fax;(208)939.-0397
http://www.wbtbc.com/wb
January 19, 1999: R E C E I V E D
JAN. 1'9 1999
ACHD PLAN/DEV SVCS
Ms. Karen Gallagher
Ada County Highway District
318 E. 37th Street
Boise, Idaho 83714
Re: Idaho Freightliner Parcel MCU -19-95
Dear Karen;
Pursuant to our telephone conversation, the foll "0
wing'is a'summary of my discussion
with Jim Carberry on January 14, 1999, at the Meridian School District regarding the
revised driveway locations for the above property.
Jim indicated that there are no plans as yet for the proposed high school -or access roads.
The District is not planning on a Bond election for the new school for another two to
''
three years. There have been some very preliminary discussions with the Districts
,
architect ab6ut locating the main entry to, the school somewhere close to the middle of the
property which fronts on Overland, but not necessarily the exact center. I showed Jim the
plot plan that I submitted to you with my letter of December 4, 1998. Jim thought the
proposed driveway locations would be fine for the District's future needs and he had no
problem with the locations at all. The proposed driveway which is, located 430 -feet from
the Howell west property line is located close enough to Work out fine for the District's
future requirements.
If you have any other questions, please do not hesitate to call Jim directly or me
Thanks for your help
0. Sincerely,
WB Consulting Group
Michaef M. Vance
State of Idaho
DEPARTMENT OF WATER RESOURCES
1301 North Orchard Street, Statehouse Mail, Boise, Idaho 83720-9000
Phone: (208) 327-7900 FAX: (208) 327-7866
PHILIP E. BATT
December 22, 1995 GOVERNOR
KARL J.DREHER
City Hall DIRECTOR
C/O Sharie StilesCity of of Meridian /
33 E.Idaho
Meridian, ID 83642
RE: A well located within a cellar on a piece of property located North of Overland and
East of Locust Grove by the end of the Cook Lateral.
Dear Ms. Stiles:
The Department has been contacted regarding a well located at the above location. It is
understood that there is a proposal for development of a truck and trailer service center by
a Mr. Bill Howell at this location. We have been informed, you will be having a meeting ?r=
regarding the proposal on Dec. 19.
If this is the case please notify any new or existing owners that if there is an existing well
on the property which is not in their plans for use, an abandonment proposal which meets
Idaho minimum construction standards should be submitted and the well properly
abandoned.
Our concern is seeing that a hazard to humans or animals does not exist and that the
existing well does not provide a conduit for contamination of the groundwater resources.
If there is a proposal for use of this well the Department Si Oulu be contacted regarding the
proper recording of a Water Right for the intended use.
Proper decommissioning of wells which are no longer utilized would pertain to all
properties located within your jurisdiction which have existing wells.
If you should have any questions please feel free to contact me.
Sincerely
Mark Slifka, Mana er
Groundwater Protection Section
i E
N
d
EBERLE, BERLIN, KADING,,�TURNBOW & MCKLVEEN,
CHARTERED
ATTORNEYS AND COUNSELORS AT L"AW, t
CAPITOL PARK PLAZA
TELEPHONE
300 NORTH SIXTH STREET
(208) 344-8535
POST OFFICE BOX 1368
FACSIMILE
STEPHEN A. BRADBURY BOISE, IDAHO 83701
(208) 344-8542
JAMES L. BERLIN
OF COUNSEL
November 4, 1996
T. H. EBERLE (1922-1977)
Shari Stiles
Planning and Zoning Administration
Meridian City Hall
33 East Idaho
Meridian,. Idaho 83642
RE: ITransport`Truck'and'Trailer'Conditional Use Permit
Dear Shari:
Following our telephone conversation in which we discussed any time restriction which
may exist on the development of the above referenced project, I reviewed the Findings of Fact
and Conclusions of Law and found, on page 25, that Conclusion I provides "that the
development of annexed land must meet and comply with ordinances of the City of Meridian,
in particular Section 11-9-616, which pertains to development, time schedules and requirements. "
I have reviewed Section 11-9-616 of the city's Subdivision and Development Ordinance and note
that it deals exclusively with time limits with the filing of preliminary and final subdivision plats
and the commencement and completion of construction of subdivision improvements. As you
no doubt recall, the application made by Transport Truck and Trailer, Inc. sought approval for
annexation into the city, a zone designation of C -G, and approval of a conditional use permit
for a truck and trailer sales and service facility. The application did not contemplate, and the
applicant did not propose that the property be platted as a subdivision.
Under the circumstances, we are in need of some clarification as to the city's intentions
with respect to any time constraints which might apply to the development of the subject
property. Since Section 9-6-616 speaks only to time constraints applicable to subdivisions, and
since the applicant does not propose a subdivision, it does not appear to me that the referenced
section is applicable to this project. In order to avoid any misunderstandings or future
disagreements, however, I would appreciate if you would look into this matter and let me know
if the city views the matter differently. I will look forward to hearing from you at your earliest
opportunity.
Ve truly yours,
44,
. , to en -A. Bradbury t
SAB/lmm
cc: Bill Howell
G
EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN,
STEPHEN A. BRADBURY
The Honorable
Mayor of the
Meridian City
33 East Idaho
Meridian, ID
Robert
City of
Hall
83642
Meridian City Council
Meridian City Hall
33, East Idaho
Meridian,:ID 83642
CHARTERED
ATTORNEYS AND COUNSELORS AT .LAW
-
CAPITOL PARK PLAZA
TELEPHONE
300 NORTH SIXTH STREET
(208)'344-8535
POST OFFICE Box 1368
FACSIMILE
BOISE, IDAHO 83701
(208) 344-8542
JAMES L. BERLIN
OF COUNSEL
January 29, 1996
,7 T. H. EBERLE (1922-1977)
i'
Corrie
Meridian
Re Applications._:for,_,Annexation,-Zoning, and;Conditional'.`
_ .
.-Use, Permit, -for `Transport,.Truck--and'--Trailer,,,Inc:
7
Dear .Mayor Corrie;and,Members of the_"City Council: ,
I have received --a copy. _of Mr..Jim. Jonesletter of January 19,
1996, -in. which he -;requests,` on -behalf, of his clients, Gary Voigt
and Craig and -,Rebecca ,Groves , that the Meridian City Council
reconsider its decision approving the above referenced -application
and remand the matter back to the Planning andZoning Commission
for" further hearings. The applicant, Bill Howell, has asked me to
respond to that request.
As you know, Mr- Howell,,through his engineering consultant,
Roylance.& Associates, filed applications .last September seeking to -
have certain property annexed into the City of Meridian and
approval of a conditional use permit for a truck and trailer sales
and service facility. A hearing on those applications was
scheduled and held before.- the Meridian Planning and Zoning
Commission on October 10,- 1995, after notice of: the. application was
published and mailed =to neighboring property owners pursuant to the
provisions of the --.city: ordinances. At that'�hearing, in which
Mr. Howell was-, represented- by. -a,., representative _ of Roylance. &
Associates, considerable public testimony was taken in opposition
to._the..-project including ,testimony from -a `planning consultant who
was representing Mr. Jones' client, Gary Voigt. The basis of that
opposition -:centered- primarily - on - the- issue. of, the compatibility of
the project with the. -residential uses,in:the;;surrounding_vicinity.
More specifically, those who opposed the project were concerned
67
Mayor Corrie and City Council Members
January 29, 1996
Page 2
with respect to traffic, noise, and environmental impacts of the
proposed project. After the hearing, the Planning and Zoning
Commission, based upon the information it had before it,
recommended that the property not be annexed into the city for the
use proposed by the applicant.
A hearing was thereafter scheduled before the City Council on
December 19, 1995. In response to the concerns about traffic,
noise, and other impacts of the project which were expressed to the
Planning and Zoning Commission, Mr. Howell arranged to have traffic
and noise analyses prepared so that the City Council ,would have
fact based`(as opposed to emotion based) information upon which to
rely in making its decision. Mr. Howell also retained this firm to
review and analyze the provisions of the Meridian Comprehensive
Plan and Zoning Ordinance as they applied to his proposal. Those
analyses were packaged and delivered to the city on December 13,
1995, about a week prior to the scheduled hearing date. In
addition, Mr. Howell concluded that the size of the project could
be scaled back in order to reduce some of the impacts about which
the opposition complained. It is the consideration of these
analyses by the City Council and the reduction in the scope of the
project about which Mr. Jones' clients complain.
The gist of Mr. Jones' complaint is that his client was not
given an` adequate opportunity to express his opposition to the
project because additional information was submitted during the
public hearing process and that the application should have been
referred back to the "Planning and Zoning Commission because the
project was modified by a reduction in its scope. Neither of those
complaints has any merit.
As to the first, it is important for the Council to recall
that Mr. Voigt was represented at both the Planning and Zoning
Commission and City Council hearing by a planning consultant, Becky
Bowcutt of Briggs Engineering, who has considerable experience in
zoning and land use matters. Ms. Bowcutt appeared and testified in
opposition to the project both before the Planning and Zoning
Commission and the City Council expressing her clients' concerns
with respect to the compatibility of her clients' proposed'
residential project located across. Overland Road from Mr. Howell's
project. Neither before the Planning and Zoning Commission nor
before the City Council did Ms. Bowcutt ever express any concern or
objection with respect to the completeness of the application, the
submission of the above-described analyses, nor with the
modification to the scope of the project. Having failed to raise
the issue before the City Council, Mr. Voigt is not permitted to
raise the issue now. See' Balser v. Kootenai County Board of
Commissioners, 110 Idaho 37, 714 P.2d 6 (1986), in which the Idaho
Supreme Court stated that in appeals of zoning decisions, an
Mayor Corrie and City Council Members
January 29, 1996 `\
Page 3
appellate court will not consider issues not raised before the
governing body (in the case, the City Council) See -'also Butters
V,. Hauser, 125 Idaho 79, 867 P.2d 953 (1993).W`
Moreover, during the several weeks between the announcement of
the Planning and Zoning Commission's recommendation to the City
Council and the City` Council's hearing, Mr. Roylance spoke" with Ms.
Bowcutt on several'occasions 'and `invite& h_er and Mr Voigt to meet
with him in 'order ° eo discusst^ the project andr'modifications 'which
might be'made in an attempt to address Mr. Voigt"s concerns. In
addition, Mr. Roylance directed a letter to` -`Mr. Voigt dated
November "28, 1995, in which Mr. Roylance extended an express
invitation to discuss the project. A copy of that letter 'is
attached. Not only did Mr. Voigt never respond to that 'letter, but
Mr. Roylance was advised by Ms. Bowcutt thatL,Mr. Voigt had no
interest in discussing the matter.
In support of his claim that all of the' iriformation-lconsidered
by the`Council in making this decision should have been ''submitted
as a part of Mr. Howell s application material's',' -Mr ,Jones 'refers
the Council to the Idaho Court of Appeals` dec dionm'i'n-:Johnsonw,v.
City of Homedale'. `Mr. Jones' description of-- that case'and its
application to the`' "situation here is, however; ''misleading'. Th°e
issue in the Johnson v. City of Homedale case was, in the words of
the court, "whether the permit should have been denied on the
ground that the `application for the permit did nbt -contain a
narrative statement and concept plan, as required`by' muni'cip'al
.
ordinance, at the time it was submitted" `-(Emphasis- added) .` The
city of Homedaley's zoning ordinance specifically` required th"at
certain materials be submitted with the application for a special
use permit. In that case, the. applicant, .failed to submit those
required materials with the application and;instead, submitted
them at a later date. On those facts, the Court of Appeals held
that the application should have been denied by reason of the
applicant's failure to submit the materials which were required by
the city's ordinance."
The City of Meridian's ordinance is;'however, different from
the City of Homedale's ordinance. The materials,which arerequired
to be submitted as a' part `of application" for "ann`exation;'=and' a
conditional use permit are set out in Section 2-417B (which makes
reference back to Section 2-416C) and Section 2-418B, respectively.
Since receiving a copy of Mr. Jones' letter, i` have°` carefully
reviewed the requirements for"application's for -annexation and
conditional use permit approval -`and compared hose'r'equirements to
the application materials which `were °submitted"by Mr. Howell and
have concluded that `Mr. Howell's submi'ssionsacomp'ly'in all respects
with the requirements of the City's ordinance." In addition, I have
reviewed the related provisions of the City,,, o1rdinance reespecting
Mayor Corrie and City Council Members
January 29, 1996
Page 4
the conduct of hearings before the Planning and Zoning Commission
and the City Council and can find absolutely no prohibition
whatsoever against submitting supplementary information during the
hearing process.
The very notion that supplemental and additional information
cannot be supplied to the city during the hearing process is
contrary to established practice and common sense. As this council
knows very well, both it and the Planning and Zoning Commission
will often hear testimony at a public hearing and conclude that it
is in need of additional information on one topic or another. In
those circumstances,- the Commission or Council (as the case may be)
will direct an applicant to conduct studies or compile such
additional information and submit it to the Commission or Council
for its consideration. Quite clearly, the Commission or the
Council is entitled to have that additional information presented
to it, even though it was not part of the original application
materials. That the information in this" case was submitted
voluntarily rather than at the Council's request should make no
difference. To suggest otherwise is tantamount to saying that once
the applicant files his application, he must stand mute in the face
of opposing testimony. If anything would be a denial of one's due
process rights, that would qualify. 4
As to the second of Mr. Jones' complaints (that the matter
'should be referred back to the Planning and Zoning Commission
because the reduction in scope of the project and the correction
being made in the classification of.the use as commercial rather
than industrial constitutes a material change thereby requiring
further review by the Planning and Zoning Commission), I have
carefully examined the local Land Use Planning Act, including
Section 67-6512 concerning conditional use permits and Section
67-6519 pertaining to permits in general, as well as the provisions
of the City's ordinances and can find absolutely no support for the
proposition that the city is required to refer the matter back to
the Planning and Zoning Commission in the event of such changes.
To the contrary, the City's zoning ordinance at Section 2-4051
specifically addresses the issue of modification or amendment of an
application in process. Subparagraph 2 of that section provides as
follows:
If notice of hearing has been mailed or published and the
applicant desires to amend, modify, or alter the
application or any of the included designs, improvements,
drawings, specifications, etc., the applicant shall first
discuss the change with the zoning administrator`. If, in
the sole discretion of the zoning administrator; the
changes do not substantially effect [sic] the interests
of those persons entitled to notice by mail, the zoning
Mayor Corrie and City Council Members
January 29, 1996
Page 5
administrator may allow the changes to be made without
requiring that the application be refiled and renoticed.
Alterations, amendments, or modifications that increase
the amount of land or change the zoning district, the use
of the property, the density, increase the impact on
surrounding property, etc., shall be considered as
substantial changes and shall require the application to
be refiled and renoticed. . . .
Thus, the City of Meridian's ordinance specifically recognizes
and sets out a procedure by which applications which are in process
may be modified. The ordinance also defines those changes which
are considered to be substantial thereby requiring that an
application be refiled.
In this case, prior to submitting the supplemental information
and modified site plan,'I met with the city zoning administrator,
discussed the modifications with her, and obtained her approval to
makethe submission without the necessity of filing a new
application. In making that determination, the zoning
administrator took into account the fact that the modification
resulted in a reduction in the area to be included under the
conditional use permit and the elimination �of a proposed future
activity (the body/paint shop), thereby reducing the intensity of
the use of the property. The zoning administrator correctly
concluded that the modification did not "increase the amount of
land or change the zoning district, the use of the property, the
density, (or) increase the impact on surrounding property." Thus,
the application did not need to be refiled or renoticed nor was it
required to be remanded to the Planning and Zoning Commission for
further consideration.
To the extent that the Council may be concerned by Mr. Jones'
.reference to the so-called change in description of the use from
"industrial" to "commercial," it should be sufficient to point out
that the classification of a use is determined by the definitions
and other provisions contained in the zoning ordinance and not by
the designation suggested by an applicant or, for that matter, an
opponent. If it were otherwise, all an applicant would need to do
in order to obtain -approval is pick a designation which suits his
purpose and thereafter bind the City to it. That the applicant,
prior to retaining counsel, erred in identifying the proper
designation for his proposed use should not be held against him.
Finally, Mr'. Jones, like Ms. Bowcutt before him, claims that
Mr. Howell's proposed use will cause serious impacts to his
client's proposed subdivision. Like Ms. Bowcutt, however,
Mr. Jones fails to present any substantive evidence in support of
his conclusory allegation in that regard. Mr. Jones' clients had
Mayor Corrie and City Council Members
January 29, 1996
Page 6
two opportunities to present such evidence, once at the hearing
before the Planning and Zoning Commission and again at the hearing
before the City Council, and failed to do so both times. If
Mr. Jones' clients truly have any evidence to support their claim,
they should and could have presented it long ago. To require
Mr. Howell to .suffer the further delays and expense inherent in
additional public hearings under these circumstances is simply
unfair, unjust, and inappropriate.
For those reasons, on behalf of Mr. Howell, I request that you
decline Mr.. Jones' invitation to reconsider the approval of
Mr. Howell's project.
Very truly yours, m
4tepheiA"Br�adbury
SAB:jkr
Enclosure
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Dave Roylance
Jim Jones
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�L. MERIDIAN ENS HOMEOWNERS ASSOCIATION
BOX 301, MERIDIAN, IDAHO 83680
�. V .. ,
January 23, 1996 J A N- T^3
To: Mayor Bob Corrie CITY o
From: Kevin Merritt
President of the Meridian Greens Homeowners Association
Post Office Box 301
Meridian, Idaho 83680 f
Speaking for the residents of'230 plus homes I would like .to
express my appreciation for your support in voting against the
Truck Transport and Trailers Incy!'request for Annexation and
Rezoning:. Your vote against the request demonstrated that you
understand the need for following the Strategic Comprehensive
Plan. Also it shows that you heard the many residents at the
hearing, expressing their concerns about locating this business in
their back yards.
Although the City Council has already approved Bill Howell's
request for Annexation and Rezoning, Meridian Greens Homeowners
urge the City Council to reconsider. The approval of Mr. Howell's
request was made during the transition to the new City Council. I
feel that this issue is of enough major concern that it should be
'heard by the elected officials that represent the current mood of
the people.
The proposal by Bill Howell at the Planning and Zoning Hearings
was significantly different than that proposed at the City
Council Hearings. As you know the Planning and Zoning Committee
recommended that the request for Rezoning and Conditional Use be
denied. The real question that needs to be addressed by the new
City Council is, does this facility fit in with the Strategic
Plan for the City of Meridian. I know that if you go to the
current facility of Mr. Bill Howell and look at what you are
getting you will find that it does not.
After attending the City Council Hearings and watching the slide
presentations by Mr. Bill Howell's attorney and hearing the
studies by so called experts on sound and traffic. Although they
were Bills relatives and the studies were not commissioned by
anyone with authority. I still feel that the facts remain clear.
These facts were echoed by the several people that attended this
hearing.
l.' This facility is not conducive to the residential area that
will border this business. The residential complexion of this
area is already established.
MERIDIAN GREENS HOMEOWNERS ASSOCIATION
BOX 301, MERIDIAN, IDAHO 83680
2. overland -road, presently at two lanes is not suitable for
the heavy truck -traffic that will be using it for access to
Mr. Howell�,'s business. Ada county Highway has since delayed
the improvements to widen Overland Road from Eagle Road to
Meridian Road. Without these improvements to Overland'Road, I
feel that the long Semi Trucks will use both lanes to
maneuver. This pract-i'ce will obstruct traffic and cause severe
traffic'hazards.
�3. The future',site of an elementary school so close to a
business that operates heavy trucks and trailers poses a,
serious safety issue. School busses and regular vehicle
traffic along with pedestrians, then throw in a Semi Truck
pulling triple Trailers is a recipe for disaster.
4. The traffic intersections at Eagle/Overland and
Meridian/Overland is already`too congested.'There is a huge`
difference between a truck pulling a trailer and a car when it
comes to a traffic count. A truck is much slower and with the
current width of Overland this truck will need much more time
and space to navigate. This will cause irregular traffic
flow.
5. The hours of operation are an issue that was left open
during.the City Council hearings. Bill Howell stated that the
business would operate from 7 am to 6pm, 855 of the time. This
is a significant change from the 24 hour operation that was
proposed at the Planning and Zoning hearings. I can't help but
believe that this will change. Who will enforce this
statement.
6. During the City Council meeting, there was no plan given
to show the tall lighting which will be required for this type
of facility.. Bright overhead lighting is not compatible with
the planned R-4 or L -O Mixed Plan zoning south of Overland.
7. Allowing this type of business to be placed so close to
the residential homes, set a tone for the future business's
and surrounding area.
S. During the City Council hearings Mr. Howell made several
comments concerning how his business would be.managed.
Examples were given as to the type of work that would be
-performed, the hours of operation, the type of vehicles that
-4r
MERIDIAN GREENS HOMEOWNERS ASSOCIATIO�j_j
BOX 301, MERIDIAN, IDAHO 83680
would be patronizing this location and the condition of the
used equipment that will be on site for resale. His current
location looks like a junk yard. Especially at the rear of the
property. This junk would be visible from either the freeway,
or from Overland Road. My concerns are, who will enforce the
promises made by Mr. Howell. What authority will enforce the
promises that Mr. Howell made at the City Council Hearings
that allowed him to put his business in a residential area.
As you can see there are several facts that need to be
properly addressed. The residents on the south side of I-84
are very organized and eager to assist. The Meridian Greens
Homeowners urge the City Council to reconsider Mr. Howell's
proposal or at the very least we would hope that this proposal
could be sent back to the Planning and Zoning for more
hearings. This would give the residents opposed to this
project the chance to investigate and respond to the proposal
that was given at the City Council Hearing.
Once again, Thank you for your support and please do not
hesitate to ask for help from the Meridian Greens Homeowners,
Association. We are very proud to be a residents of the City
of Meridian and look forward to being active participants in
the future.
Thank You,
Kevin Merritt
7Presid''t of the Meridian
r,
Greens Homeowners Association
3RN-19-1996 14=54 FROM 'Jim JONE5 TO
JIM JONES & ASSOCIOES
Attorneys at Law
1275 Shoreline vane
Boise, ID $37024870
Jim Jones
8874813 P. 01/07
John McCreedy
Fes:acs) nice �a� CMS 3LS""
cws)7�a-was
Fax Transmittal Cover }
;� elf/J�.JAN 91996
i 7
CITY OF i'. ERMIAN
TO: Shari Stiles from: JM JONES
I
a
comment: Would you please distribute this letter to the Mayor, the City
Council, the Planning and Zoning Commission, and Mr. Crookston? I'll put
the original in -regular mail to you today. Thaak you.
b
Total Humber of Pages (Including This Page): ---7
Date: 1 /!9 /n.
Ori incl Document;
8 ✓ Will be -°sent by tizst=class sail
Will not be sent '
Please Advice of Any Deficiency in this Transmission
NOTICE: This cescage.is intended only for the use of tbs
individual or entity to which It is addressed and may contain
Information that In prrivIleged, confidential, and exempt Zeus
disclosure tender spplicablo lay. If the seeder 'of this portico 1Q
mot the intended recipient or the fsployaa or agomt "rpanoib2a
for delivOrinq the sessage to the intended reef tent
p , j►G4i site
hereby botified that any dissemination, distribution or copying
Of this COmmunication Is strictly prahlbited. =y you have
received this communication to error,
, plus Notify as
Immediately y tolOPN*ns and r4turn these papers to to at the
address shorn above via first class s►al? -
JAN 19 '96 14:56 4 2083859599 PAGE.01
JRN-19-1996 14:54 FROM JIM JONES TO 8874813 P.02i07
Jim Jones
Boise; (708) W"200
JIM JONES & ASSociATES
Attorneys at Law
1275 Shoreline Lane
Boise, Idaho 83702-6570
January 19, 1996
Via -Fax To: 887-4813
The Honorable Mayor Robert Corrie
Meridian City Hall
33 East Idaho k
Meridian, ID 83642
John McCreedy
Fax: (7,08) VS -9599
Meridian City Council Members.,
Meridian City Hall
33 East Idaho
Meridian, ID 83642
Re: Bill Howell Applications for Annexation, Zoning and
Conditional Use Permit for Transport Truck and
Trailers, Inc.
Dear Mayor Corrie and Members of the Meridian City Council:
This firm represents Gary Voigt, Craig R. Groves and Rebecca
Lynn Groves. Mr. Voigt and the Groves are the owners of
approximately 97 acres of real property located in the City of
Meridian across Overland Road from the proposed Transport Truck
and Trailer facility. In October, 1994, the Meridian City
council approved the property owned by Mr. Voigt and the Groves
for construction of approximately 290 lots known as�the Sundance
subdivision.
Mr. Voigt and the Groves have always enjoyed a strong
working relationship with the City of Meridian, and it is with
some reluctance that they have asked me to write to you regarding
'their concerns with the annexation, zoning and conditional use
permit applications submitted by Mr. Howell. There do appear,
however, to be some significant -problems withtthe manner in which
Mr. Howell's application was approved. As a result; we are
requesting that the Meridian city Council reconsider its decision
to approve the Transport Truck and Trailer facility.
JAN 19 '96 14:56 2083859599 PAGE.02
0
Page - 2
January 19, 1996
On September 15, 1995, Mr. Howell submitted an application
for annexation and zoning, and an application for a conditional
use permit to construct the Transport Truck & Trailer .facility.
These applications were supported by the bare minimum
requirements contained in the Meridian Zoning and Development
Ordinance. The conditional use permit application indicated
that the 11[p)roposed land use is industrial[,]" and that the
"proposal is compatible with other industrial facilities adjacent
to the project." .The land use applications were not supported by
any analysis of the impacts associated with the development. In
particular, there was no narrative statement identifying the
details and scope of the project; there was no site plan,
landscaping plan, or building plans; and there were no studies
identifying the noise, air pollution, or traffic impacts of the
proposal.
On October 10, 1995, the Meridian Planning & Zoning
Commission ("Commission") conducted a public hearing regarding
the development applications. The Findings of Fact and
Conclusions of Law. adopted by the Commission demonstrate that no
one, including the Comidission and impacted members of the public,
had a clear understanding of the proposal or the impacts the
facility would have on neighboring commercial and residential
uses.
The Applicant and his representative did provide some
information at the Commission hearing. Ms. Donner testified that
the Applicant would sell and service Freightliner trucks on the
20 -acre parcel, and that a future parcel consisting of
approximately 8 acres would be used for a body and repair shop.
Mr. Howell testified at the Commission hearing that Freightliner
trucks would be displayed along I-84; that the proposed fleet
maintenance shop would be a full service facility; that` as many
as 75 to 100 daily trips would be made to the facility by full-
size tractors and trailers; that the operating hours of the
facility would be 7:00 a.m. to 12:00 p.m.; that the maximum
number of employees would be approximately 60; and- that the
proposal may eventually, include a full-service leasing facility.
None of this information was available to the Commission or the
public prior to the October 10, 1995 public hearing.
The Commission voted unanimously to recommend to the
Meridian City Council that the property not be annexed and zoned
and that the conditional' use permit not be granted. This
recommendation was made,, impart, because the Applicant proposed
"an industrial use" of a type and at a location that "is not in
compliance -with,the [Meridian] Comprehensive Plan[.]" commission
Findings and Conclusions, p. 20 In particular, the Commission
found that "there are no, industrial uses adjacent to [the)
Applicant's site." Id. The Commission also found "that the
Applicant did` not 'present any evidence as to how its truck
operation would be harmonized with the residential developments
__ JAN,19 '96 14:57 2083859599 PAGE. 03
Page - 3
January 19, 1996
in the area" and that "it would be very difficult to harmonize
truck traffic, noise and pollution with the many residential
neighbors in the area." Id.
After the Commission recommended denial of the project, a
public hearing was scheduled before the Meridian City Council for
December 19, 1995. Six (6) days prior to that public hearing,
the Applicant submitted detailed information that had never been
presented either to the Commission or to the public. That
information included a specific description of the scope of the
project, an analysis of the proposal's compliance with the
Meridian Comprehensive Plan and Zoning Ordinance, a sound level
study, a traffic study, building elevations, a landscape plan, a
revised site plan, an expanded map, and an analysis of applicable
federal regulations. The Applicant did make an attempt to
discuss the project with Mr. Voigt. However, neither Mr. Voigt
nor Mr. *Groves were provided with the supplemental information
submitted on December 13, 1995.
At the public hearing held December 19, 1995, the Applicant
and his representative outlined this supplemental information and
provided additional details regarding the project that had not
been submitted to the Commission or to the public. The City
Council heard testimony from affected businesses and residents
who objected to the Applicant's proposal. After the close of the
public hearing, the application was tabled until the January 2,
1996 City Council meeting, at which time the City Council adopted
Findings of Fact and Conclusions of Law approving the proposal.
In its Findings of Fact and Conclusions of Law, the City Council
concluded:
That the Applicant has stated in its Supplemental
Information and in its presentation to the City at
the public, hearing, that its proposed use of the
property will be a commercial ube; that the type
and location of the commercial use proposed by the
Applicant is in compliance with the Comprehensive
Plan, since the Plan states that the area Is a
Planned Use Development Area.
city council Findings ane conclusions, p. z6.
The City Council's approval of the annexation, zoning and
conditional use permit applications was made contrary to the
requirements of the Local Land Use Planning Act of 1975, the
Meridian Zoning & Development Ordinance, and the requirements of
due process of law. Our analysis is that the development
applications should have been remanded to the Commission for an
additional public hearing where affected persons would have a
meaningful opportunity to comment on the specific development
proposal.
JAN 19 '96 14:58' 2083859599 PAGE.04
. �.. r
JMIV�17-1770-d.1�-i• JO rrCUl'1 . J 1P1 JUIVC.7
Page - 4,,
January 19, 1996
1u _, oorvo1.J W. ,Gr
,In Johnson v. City of Homedale, 118 Idaho 285, 796 P.2d 162
(ct . App. -- 1990) , the Court. examined the City ,of Romadale zoning
e
ordinancand concluded that the contents of a special use permit
application mush be included with, the application in .order to put
the public on notice 'of- the impacts of the, tproposed davialopmant.,
The Court stated:
From this language,*it is clear that an application for
a special_ use permit must include a concept plan and
narrative statement -to put the public on notice of the
effects of the proposed _spacial use. This ,notice
allows citizens to make informed arguments and
objections when a public hearing is held on the
proposed land use. .Absent these attachments, citizens
are left with,a dearth -of information on`whether -- and
in, what regard -7-' to object to the proposal. . Citizens
., should not be forced to attend a public hearing to find`_,
out what a developer proposes to do. That information
j `must be, available in, advance. }
In, addition, we observe that adequate notice, such as
that required in Homedale's ordinance; is statutorily
mandated .,when., zoning authorities are requested to
change, the authorized use�tor'.a particular parcel of
property. See. I.C. S§ ,67-6509 and 67--6512; Gay, v.
County Coi=lsstonars of bonncviZlc County, 103 Idaho'
•e ,, 626, 651 P. 2d 560 . (Ct. App. 1982) (reviewed deni3�i) `. ,,
consequently, we believe -the concept plan and narrative
statement must be submitted With the application.
is- not su�'ficient that ,they be provided at some` later
date; -;such as -the date of the public hearing itself.-
7ohnson v.City of Homedale, 118 Idaho at 287.
The same conclusion is. warranted under the Meridian Zoning
and Development Ordinance and "under applicable principles of due
Iprocess of law. The Meridian Zoning Land Development ordinance
,requires that a zoning amendment application contain, among"other
;things; a,rstatement I,of, the necessity or desirability of the
idevelopment and, its harmony -,,with adjacent• developments and a
,statement -oi' how the proposed zoning amendment relates to the
Meridian- Comprehensive Plan. Meridian Zoning and Development
ordinance,- 5 2-416.C. Here, �the original application submitted
by Mr. Howell contained only extremely general statements that
the -proposal is compatible with adjacent developments and is in
-conformance%with the Meridian Comprehensive Plan.
�,..
_ At the Commission hearing held. October 10, 1995,. there was
,substantial confusion regarding the application because affected
persons had not been adequately informed, ;of- the details of the
proposal. In fact, the specific details of'the proposal were not
submitted to the City of Meridian until December 13, 1995, a mere
JAN 19'=96114'58 2083859599 PAGE. 05
rmui'i J 11 S JUN= TU 8874813 P. 06/07
Page - 5
January 19, 1996
six (6) days prior to the December 19, 1995 hearing. Additional
details regarding the proposal were elicited at the public
hearing held by the Meridian city Council. Mr. Voigt, Mr.
Groves, their representative, and other members of the public
simply did not have an adequate opportunity to examine the
proposal. As in Johnson v. City of Homedale, the details of the
development application must be submitted sufficiently in advance
to put the public on notice of the effects of the proposed use.
Citizens must be allowed to make informed arguments and
objections at the public hearing. It is impossible for them to
do that when they are provided with the information at the public
hearing or mere days prior to the hearing.
We think there is a second, equally valid reason why the
City Council should reconsider approval of the Howell development
applications. The Local Land Use Planning Act of 1975 requires
that each application for a permit shall first be submitted to
the planning & zoning commission for its recommendation or
decision. Idaho Code 5 67-6519. The planning & zoning commission
trust have-�a reasonable time to make its recommendation on the
permit application. Id.
The Meridian Zoning and Development Ordinance reiterates the
same. requirements. An application for a zoning amendment, and an
application for a conditional use permit, must first'be submitted
to the Commission for its recommendation before it is forwarded
to the City Council. Meridiani zoning and Development Ordinance,
55,2-426.A., 2-416.F., 2-418.E. and 2-418.F. We also understand
that when a land use application is aubstantially modif ied after
it has been examined by the Commission, it is the policy of the
Meridian City Council to remand the matter back to. the Commission
for an examination of. the now or substantially modified
application.
Here, it is, clear that the development applications were
materially changed, after the Commission examined the original
proposal. For instance, the description of the use proposed by
the Applicant changed from "industrial" to "commercial." The,
supplemental information submitted by the Applicant on
December 13, 1995, also materially altered the scope of the
project. The autobody and truck shop was removed from
consideration, the hours of operation were changed, and other
significant information and modifications were submitted to the
City Council that were never examined by the Commission. Under
the Local Land Use, Planning Act of 1975, the Meridian Zoning and
Development Ordinance, and the policies of the City Council, the
entire application should have been remanded to the Planning &
Zoning Commission for an additional public hearing where affected
persons could have an adequate, meaningful opportunity to examine
the application and submit detailed, informed testimony.,
JAN 19 '96 14:59 _ 2083859599 PAGE.06
J rUl 17 1770 1•-1•.;0 rRul 1 J 111 JuIYG..7
Page - 6
January 19, 1996
lu
VV I'1V1J I .VIM
Mr. Voigt and the Groves are not opposed to commercial or
other development. An the contrary, they have consistently
supported orderly, planned growth. However, the construction of
the Transport Truck and Trailer facility immediately adjacent to
the Sundance Subdivision will cause serious impacts to the
residents of that subdivision and other nearby residents. Given
that the procedure used by the City Council to approve the
Transport Truck and Trailer facility may have been substantially
flawed, we are requesting that the City Council reconsider that
decision, and remand the applications back to the Commission to
allow interested parties, including Mr. Voigt and the Groves,, to
submit informed, meaningful testimony. Such a decision by the
City Council seems only fair, given that the Transport Truck and
Trailer facility will substantially impact numerous Meridian
citizens and residents, and the 'Applicant did not have a
complete, detailed application identifying its proposed use until
six (6) days prior to the hearing before the Meridian City
Council. On behalf of Mr. Voigt and the Groves, I appreciate your
consideration.
JTJ/tg
cc Meridian Planning .& Zoning
Wayne Crookston, Meridian
Shari Stilos
Steve Bradbury
JAN 19 '96.115:00
Commission
City Attorney
2083859599 PAGE.07
F
Jim Jones
Boise: (208) 385-9200
JIM JONES & ASSOCIATES
Attorneys at Law
1275 Shoreline Lane
Boise, Idaho 83702-6870
John McCreedy
a Fax: (208) 385-9599
January 19, 1996
Via Fag To: 887-4813
The Honorable Mayor Robert Corrie
Meridian City Hall
33 East Idaho'
Meridian, ID 83642
Meridian City Council Members
Meridian City Hall
33 East Idaho
Meridian, ID 83642
Re: Bill Howell Applications for Annexation, zoning and
Conditional Use Permit for -Transport Truck and
Trailers, 'Inc. --- --
Dear Mayor Corrie and Members of the Meridian City Council:
This firm represents Gary Voigt, Craig R. Groves and Rebecca
Lynn Groves. Mr. Voigt, and the Groves are the owners of
approximately 97 acres of real property located in the City of
Meridian across Overland Road from the proposed Transport Truck
and Trailer facility. In October, 1994, the Meridian City
Council approved the property owned by Mr. Voigt and the Groves
for construction of approximately 290 lots known as the Sundance
Subdivision.
Mr. Voigt and the Groves have always enjoyed a strong
working relationship with the City of Meridian, and it is with
some reluctance that they have asked me toowrite',to you regarding
their concerns with the annexation, zoning and conditional use
permit applications submitted by Mr. Howell. There do appear,
however, to be some significant problems with the manner in which
Mr. Howell's application was approved. As a result, we are
requesting that the Meridian City Council reconsider its decision
to approve the Transport Truck and Trailer facility.
P
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Page - 2
January 19, 1996
On September 15, 1995, Mr., Howell submitted an application
for annexation and zoning, and an application for a conditional
use permit to construct the Transport Truck & Trailer facility.
These applications were supported by the bare minimum
requirements contained in the Meridian Zoning and Development
Ordinance. The .conditional use permit application indicated
that the "[p]roposed land use is industrial[,]" and that the
"proposal is compatible with other industrial facilities adjacent
to the project." The land use applications were not supported by
any analysis of the impacts associated with the development. In
particular, there was no narrative statement identifying the
details and scope of the project; there wa`s no site plan,
landscaping plan, or building plans; and there were no studies
identifying the noise, air pollution, or traffic impacts of the
proposal.,
On October 10, 1995, the Meridian Planning & Zoning
Commission ("Commission") conducted a public hearing regarding
the development applications. The Findings of Fact and
Conclusions of Law adopted by the Commission demonstrate that no
one, including the Commission and impacted members of the public,
had a clear understanding of the proposal or the impacts the
facility would have on neighboring commercial and residential
uses.
The Applicant and his representative did provide some
information at the Commission hearing. Ms. Donner testified that
the Applicant would sell and service Freightliner trucks on the
20 -acre parcel, and that a future parcel consisting of
approximately 8 acres would be used for a body and repair shop.
Mr. Howell testified at the Commission hearing that Freightliner
trucks would be displayed along I-84; that the proposed fleet
maintenance shop would be a full service facility; that as many
as 75 to 100 daily trips would be made to the facility by full-
size tractors and trailers; that the operating hours of the
facility would be 7:00 a.m. to 12:00 p.m.; that the maximum
number of employees would be approximately 60; and that the
proposal may eventually include a full-service leasing facility.
None of this information was available to the Commission or the
public prior to the October 10, 1995 public hearing.
The Commission voted unanimously to recommend to the
Meridian City Council that the property not be annexed and zoned
and that the conditional m.,use permit not be granted. This
recommendation was made, in part, because the Applicant proposed
"an industrial use" of a type and at a location that "is not in
compliance with the [Meridian] Comprehensive Plan[.]" Commission
Findings and Conclusions, p. 20. In particular, the Commission
found that "there are no industrial uses adjacent to (the)
Applicant's site." Id. The Commission also found "that the
Applicant did not present any evidence as to how its truck
operation would be harmonized with the residential .developments
Page - 3
January 19, 1996
in the area" and that "it would be very difficult to harmonize
truck traffic, noise and pollution with the many residential
neighbors in the area." Id.
After the Commission recommended denial of the project, a
public hearing was scheduled before the Meridian City Council for
December 19, 1995. Six (6) days prior to that public hearing,
the Applicant submitted detailed information that had never been
presented either to the Commission or to the` public. That
information included- a specific description of the scope of the
project, an analysis of the proposal's compliance with the
Meridian Comprehensive Plan and Zoning Ordinance, a sound .level
study, a traffic study, building elevations, a landscape plan, a
revised site plan, an expanded map, and`an analysis of applicable
federal regulations. The Applicant did make an attempt to
discuss the project with Mr. Voigt. However, neither Mr. Voigt
nor Mr. Groves were provided with the supplemental information
submitted on December 13, 1995.
At the public {hearing held December 19, 1995, the Applicant
and his representative outlined this supplemental information and
provided additional details regarding the project that had not
been 'submitted to the Commission or to the public. The City
Council heard testimony from affected businesses and residents
who objected to the Applicant's proposal. After the close of the
public hearing, the application was tabled until the January 2,
1996 City Council meeting, at which time the City Council adopted
Findings of Fact and Conclusions of Law approving the proposal.
In its Findings of Fact and Conclusions of Law, the City Council
concluded:
That the Applicant has stated in its Supplemental
Information and in its presentation to the City at
the public hearing, that its proposed use of the
property will be a commercial use; that the type
And location of the commercial use proposed by the
Applicant is in compliance with the Comprehensive
Plan, since the Plan states that the area is a
Planned Use Development Area.
City Council Findings and Conclusions, p. 26.
The City Council's approval of the annexation, zoning and
conditional use permit applications was made contrary to the
requirements of the Local Land Use Planning Act of 1975, the
Meridian Zoning & Development Ordinance, and the requirements of
due process of law. Our analysis is that the development
applications should have been remanded to the Commission for an
additional public hearing where affected persons would have a
meaningful opportunity to comment on the specific development
proposal.
Page - 4
January 19, 1996
7
In Johnson v. City of-Homedale, 118 Idaho 285, 796 P.2d 162
(Ct. App". 1990), the Court examined the City of Homedale zoning
ordinance and concluded that the contents of a,special use permit
application must be included with the application in order to put
the public on notice of the impacts of the proposed development.
The Court stated:
0
From this language, it is clear that an application for
a special use permit must include a concept plan and
narrative statement to put the public on notice of the
effects of the proposed special use. This notice
allows citizens to make informed arguments and
objections "when a public hearing is held on the
proposed land use. Absent these attachments, citizens
are left with a dearth of information on whether -- and
in what regard -- to object to,the proposal. Citizens
should not be forced to attend a public hearing to find
out what a developer proposes to do. That information
must be available in advance.
In addition, we observe that adequate notice, such as
that required' in Homedale's 'ordinance, is statutorily
mandated when zoning authorities are requested to
change the authorized use for a particular parcel of
property. See I.C.' $§ 67-6509 and 67-6512; Gay v.
County Commissioners of Bonneville County, 103 Idaho
,;626, 651 P.2d 560 (Ct. App. 1982) (reviewed denied).
Consequently, we believe the concept plan and narrative
statement must be, submitted with the application. It
is not sufficient that they be'provided at some later
date, such as the date of the public hearing itself.
Johnson =v; City of Homedale,,118 Idaho at 287.
The same conclusion is warranted under the Meridian Zoning
and Development Ordinance and under applicable principles of due
process of law. The Meridian, Zoning and Development Ordinance
requires that a zoning amendment application contain, among other
things, a statement, of the necessity or desirability of the
development and its harmony with adjacent developments and a
statement of how the proposed zoning amendment relates to the
Meridian Comprehensive, Plan. Meridian Zoning and Development
Ordinance, S 2-416.C. Here, the original application submitted
by Mr. Howell contained only extremely general statements that
the proposal is compatible with adjacent developments and is in
conformance with the Meridian Comprehensive Plan.
At the,.Commission hearing held October 10, 1995, there was
substantial confusion regarding the'application because affected
persons had not been adequately informed of the details of the
, proposal. In fact, the specific details of the proposal -were not
submitted to the City of Meridian until December 13, 1995, a mere
4
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Page - 5
January 19, 1996
R
six (6) days prior to the December 19, 1995 hearing. Additional
details,` regarding the,, proposal were & elicited at ¢ the public
hearing held lby the' Meridin
a, City Council., �� Mr. Voigt, Mr.
simlGroves,` wd d," not a have Want adequate pportun tyrsto of,
exa In ublic
P Y=, .#� e . the
proposal., , As in Johnson v. City. of., Homedale; the ,detai.] s of. the
development appl cation -must be submitted. sufficienily,�£ine advance
to put the public ori notice- of the effects`oftithe:'proposed use:,
Citizens' must_'_be allowed,. to make " informed, arguments and
objections at, the public,hearing. It..is. impossible for themt,to--
do that when the are. e. pr
ovided with the information.at°the public
hearing or mere days prior to.the hearing. E=
We think there 'is .a second,. equally valid reason .why the ,
City`Counc'il should reconsider approval of the Howell. development
applications. -The Local Land- Use Planning.: Act of 1975, requires
that ,each application for a, permits shall first be,t submitted to
the 4 planning C.- *zoning � commissi11 oin . for its', recommendation ,nor
decision: Jdaho .Code j§ 67-6519.. The, planning,I-& xz6ning,commission,,
must have-a',reasonable time `t
permio make its recommendation on the
t application. id.
The Meridian Zoning and Development Ordinance reiterates the
same requirements. An application for a zoning amendment, and an
application for a conditional use permit, must first be submitted
to the Commission for its recommendation before it is forwarded
to the City Council. Meridian Zoningland Development ordinance,
§§ 2-416.A., 2-416.F., 2-418.E. and 2-418.F. We also understand
that when a land use application is substantially modified after
it -'Pias been examined by the Commission, it is the policy of the
Meridian City Council to remand the .matter...back to the Commission
for an examination, of the_ new or —substantially modified
application. .. , — .
Here, it is clear that the development applications were
materially changed after the Commission examined the original
proposal. For instance, the description of the use proposed by
the Applicant changed from "industrial" to "commercial." The
supplemental information submitted by the Applicant on
December 13, 1995, also materially altered the scope of the
project. The autobody and truck shop was removed from
consideration, the hours of operation were changed, and other
significant information and modifications were submitted to the
City Council that were never examined by the Commission. Under
[ the Local Land Use Planning Act of 1975, the Meridian Zoning and
Development Ordinance, and the policies of the City Council,' the
x entire application should have been remanded to the Planning &
Zoning Commission for an additional public hearing where affected
persons could have an adequate, meaningful opportunity to examine
the application and submit detailed, informed testimony.
RECEIVED
a
JAN — 5 19JS
CITY OF MERIDIAN
g
TO`MEMBERS OF THE MERIDIAN CITY COUNCIL;
a
GENTLEMEN-TO'SAY THE LEAST I WAS SHOCKED BY YOUR DECISION TO OVERTURN THE
RECOMMENDATIONS OF THE PLANNING AND ZONING COMMITTEE ON THE PROPOSED
TRANSPORTTRUCK-AND TRAILER20NING APPROVAL;" IN LIGHT OF OVERWHELMING
TESTIMONY AND RECOMMENDATIONS OF THE CITIZENS OF THE CITY OF MERIDIAN,
INCLUDING ALL OF HIS ADJOINING NEIGHBORS HOW YOU COULD RENDER SUCH A
DECISION IS MIND BOGGLING.
WHEN I CALLED CITY HALL ON WEDNESDAY I WAS TOLD IN LIGHT OF THE CHANGES MR,
HOWELL HAD MADE FOR HOURS OF OPERATION AND SIZE THAT THIS WAS A MAJOR
DECIDING FACTOR. GENTLEMEN MR. HOWELL HAS PLAYED THE CITY COUNCIL FOR A
CHUMP I CAN NOT BELIEVE HE IS GETTING AWAY WITH IT. CONTACT FREIGHTLINER AT
503-287-7030 AND SEE HOW MANY FACILITIES OF THIS SIZE ANYWHERE IN THE UNITED
STATES ARE OPEN TILL 6.00 P.M. I THINK YOU WILL FIND THAT NUMBER TO BE ZERO! IT
IS NOT MR. HOWELL'S INTENT TO ONLY STAY OPEN TILL 6.00 P.M. THIS IS ONLY A PLOY
TO SUCKER YOU INTO ALLOWING HIM GET HIS FOOT IN THE DOOR.,
THE FACTS WERE BROUGHT UP IN OPEN DEBATE AT THE CITY COUNCIL MEETING.
1. THE FACTS AND FINDING OF RAND Z.
2. THE LACK OF EMPIRICAL DATA SUPPORTING THE PLAN I.E. TRAFFIC STUDY THAT A
THREE YEAR OLD COULD REFUTE AND SOME CHILDISH SOUND STUDY THAT HIS
BROTHER PERFORMED. THE SLIDE SHOW WAS CUTE BUT CERTAINLY DID NOT GIVE ANY
CONVINCING REASON TO ALLOW THIS DEVELOPMENT.
3. I FIND IT IRONIC THAT MR. TOLSMA RAN HIS CAMPAIGN WITH PICTURES OF HIS
GRANDCHILDREN IMPLYING HIS SUPPORT OF FAMILIES IN MERIDIAN, YET HE APPROVES
A FACILITY OF THIS TYPE DIRECTLY ACROSS THE STREET FROM A PROPOSED
ELEMENTARY SCHOOL THAT MY CHILD WOULD BE ATTENDING.
4. SAFETY IS A MAIN ISSUE IN WHY THE CITIZENS OF SOUTH MERIDIAN DO NOT WANT
THIS TYPE OF DEVELOPMENT IN A RESIDENTIAL AREA. PRECEDENCE IN BOISE AND
ANYWHERE ELSE IN THE COUNTRY SUPPORTS THIS CONTENTION. IF YOU DO NOT
RECONSIDER YOUR DECISION THE RESULTING DEATH OR SERIOUS INJURY IS SOMETHING
THAT YOU WELL HAVE TO CARRY AS YOUR FAULT TO YOUR DEATH, IT IS NOT
SOMETHING I WOULD WANT TO HAVE ON MY CONSCIENCE.
5. YOU SPEAK OF A MASTER PLAN FOR THE CITY OF MERIDIAN, BUT YOUR APPROVAL OF
THIS PROPOSAL DEMONSTRATES EITHER A LACK OF UNDERSTANDING OF WHAT A
MASTER PLAN IS OR DISREGARD OF THE VERY CONCEPT. BY ALLOWING THIS
DEVELOPMENT YOU CHANGE THE GROWTH DIRECTION OF THIS ENTIRE AREA. THIS
POINT WAS EXPLAINED BY PLANNER BECKY BOWCUTT DURING HER TESTIMONY.
INSTEAD OF UPPER END HOUSING PROJECTS WE WILL HAVE TRUCK SUPPORTIVE
INDUSTRIES SUCH A TRUCK TERMINAL WHICH RUN 24 HOURS (MAYBE THEY WILL TELL
YOU THEY WILL ONLY BE OPEN TELL 6.00 P.M. TO GET APPROVED TOO), FABRICATION
SHOPS, AND OTHER RELATED INDUSTRIES. TAKE THE TIME TO CHECK OUT WHAT MR -
HOWELL HAS TOLD YOU AND INVESTIGATE WHAT IS REALLY THE CASE AT ANY
LOCATION IN THE COUNTRY. IF THIS PROPOSAL IS NOT APPROVED GROWTH AND THE
TAX BASE WILL STILL COME, BUT IT WILL BE IN THE FORM OF MORE HARMONIOUS
BUSINESSES SUCH AS ALLIED HEALTH INDUSTRIES OR SMALL SHOPS.
6. IN VIEW OF THE ADDITIONAL DANGEROUS TRAFFIC, NOISE, AND NONCOMPATIBLE
NATURE OF THIS BUSINESS I IMPLORE YOU TO TABLE TIRS DECISION AT THE LEAST TELL
YOU HAVE HAD A CHANCE TO SEE MR. HOWELL'S CURRENT BUSINESS AND'SEE HOW IT
LOOKS AND ALSO TO REALLY CHECKOUT THE FACTS. I BELIEVE THAT THE LACK OF
SUPPORT OF THIS PROJECT WAS DEMONSTRATED AT BOTH P. AND Z. AND AT YOUR
MEETINGS. SOUTH MERIDIAN HAS THE HIGHEST VOTER TURN OUT OF ANY AREA OF
MERIDIAN AND I AM SURE THAT THIS DECISION WILL NOT BE FORGOTTEN AT THE NEXT
ELECTION. YOU WERE ELECTED TO PROTECT AND **REPRESENT** THE CITIZENS OF THE
CITY OF MERIDIAN PLEASE DO NOT OVERRIDE THAT TRUST FOR THE PROPOSAL OF MR. F
HOWELL A BOISE RESIDENT. ,>
THANK YOU FOR YOUR TIME.
� s>
CC IDAHO STA1'ESMAN,CHANELS 2,7,6, MERIDIAN NEWSPAPER
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MERIDIAN CITY COUNCIL MEETING: _ JANUARY 2. 1996
APPLICANT: BILL HOWELL ITEM NUMBER; '2
REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING REQUEST
WITH A CONDITIONAL USE PERMIT
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:,
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION; V
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN CITY COUNCIL
BILL HOWELL
ANNEXATION AND ZONING AND CONDITIONAL USE
SOUTH OF I-84 AND EAST OF LOCUST"GROVE
A_ PORTION OF THE SE 1/4 OF THE NTT 1/4 OF SECTION 17 TAN R lE
BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on December 19, 1995, at the Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of
7:30 o'clock p.m., the Petitioners representative, Steve Woodbury,
appearing, and the Meridian City Council having heard and taken
oral and written testimony, and having duly considered the matter,
the -Meridian City Council makes the following:
FINDINGS OF FACT
1. That notice of public hearing on, the annexation and
zoning was published for two (2) consecutive weeks prior to the
public hearing scheduled for December 19, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the December 19; 1995
hearing, the Applicant's representative, Steve Woodbury, appearing
in person, that the public having been given full opportunity to
express comments and submit evidence; and that copies of all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1
notices being available to newspaper, radio and television
stations, the Meridian City Council hereby takes action on the
Findings of Fact and Conclusions of Law.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 28.49 acres in size; that on the 20 acre parcel, the
Applicant proposes a facility to sell and service Freightliner
trucks; that the remainder 8.49 acres would be for a future body
shop and repair center`.
3. That the property is presently zoned by Ada County as R -T
(Rural Transition); that the Application requests that the property
be zoned General Retail and Service, Commercial (C -G) and Applicant
has requested a conditional use permit to allow for the sales and
service of-trucks/trailers; that the Application is incorporated
herein as if set. forth in full; that in the C -G District', Sales
Lots (Auto. Aec, & Agric., Etc.) are allowed conditional uses.
4. Adjacent to this development is the I-84 Interstate
freeway and Overland,Road; that the major arterials of Eagle Road
and Locust Grove Road are nearby; that to the west is the
Playground RV Park and driving range; that to the east is the
future expansion of this development of the 8.49 acres; that across
the Interstate to the north is Magic View Subdivision; to the north
and east across the Interstate is the Jackson's Travel Center,
� i
currently under construction; that across Eagle Road to the east of
Jackson's Travel -Center is the proposed St. Luke's Medical campus,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 2
1
currently under construction.
5. That the property is adjacent and abutting to, the present
City limits. 11
6. That Bill Howell, is the Applicant; that the owner, Par
3, an Idaho General Partnership, Richard M. Phillips, General
Partner, has, consented to'the application and has requested this
annexation,, zoning and conditional use and the application is not
at the request of the City of Meridian.
7. That the Applicant's original annexation and zoning
application stated that the present use of the land is
agricultural, that the proposed use is `industrial, that the
proposed district is C -G, General Retail and Service Commercial,
that the proposal is compatible with other industrial facilities
adjacent to the project, and that the property would be harmonious
with adjacent developments; the annexation and zoning Application
also states, "The proposed zoning amendment relates to the Meridian
Comprehensive Plan in that ,it will be adhering to the mixed plan
usage of the Plan, and being close to the interstate is in an area
that is intended for industrial use.-.
That the Applicant submitted Supplemental Information for
annexation, zoning and for the conditional use request prior to the
City Council hearing and such are incorporated herein as if set
forth in full; that the proposed use was to operate a dealership
for the sale of new and used trucks and semi -trailers, including
servicing of trucks and trailers and the sale ofparts; stated that
the use was a commercial use and not industrial; that the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3
use was not a trucking terminal type „operation and that it was not
a truck stop; that it was going to be 12 and not 20 acres as
initially stated; that it would be in compliance with the Meridian
Comprehensive Plan since it will generate a new commercial
enterprise for the City in a location which has been designated as
a priority development area for uses of that type; that it complies
with the Zoning Ordinance since it contemplates a acommercial use,
rather than an industrial use, in a proposed C -G zone; that it fits
squarely within the definition of the C -G zone and is allowed as a
conditional use; that Meridian Ford, Arnold Machinery, Western
States Equipment and Inland Coca-Cola are operations similar to
what is proposed by the Applicant; that Applicant had a traffic
study done which indicated that 212 trips per day of which 38 would
be trucks, that 95% of the vehicles will access the property from
s Eagle Road, and that ACHD has analyzed the project and concluded
that the transportation system will be adequate to accommodate
additional traffic generated by the proposed development; that the
hours of operation would be generally from 7:00 a.m. to 6:00 p.m.,
but that there may be emergency work required when it -would stay
open to 11:00 p.m. but not beyond that time; that Applicant had a
sound level study done which demonstrated that the sound level
compares with other known uses and that the sound level would be
lower than what it is now at Meridian Ford and the Cherry Lane
shopping; that in regards to environmental hazards the Application
stated that the use will not create undue environmental hazards,
that there would be no underground storage tanks, no paint or body
FINDINGS OF FACT AND'CONCLUSIONS OF LAW - HOWELL PAGE - 4
shop, no bulk oil storage, no fuel sales on site.
8. That before the Meridian Planning.and Zoning hearing of
October 10, 1995, Ms. Donner testified that there will be a
facility to sell and service Freightliner trucks on the 20 acre
parcel; that the future parcel, consisting of the 8.49 acres, will
be for a body shop and repair center, to be constructed in a phase
II development; that sewer is of concern because it is only on the
north side of the Interstate; that they would work in conjunction
with other developers to bring the sewer to the south and share the
cost; that if sewer is not available when they would like to open,
they have discussed this with the Central District Health
Department and they would propose to put in a septic system and
utilize that until they could bring the sewer in; that they plan to
extend the water lines 600 feet to get water to the site. She also
stated that they had concerns over -the statement of Shari. Stiles
about requiring'four to six foot berms along the front of Overland
and they are a little bit concerned about trucks having site
distance problems and that none of the other properties along
Overland used for industrial uses were required to have berms.
In response to a question by Commissioner Rountree about the
lines on a map being topographical lines and the map showing a
raised platform the length of the lot that would perch the trucks
up above the elevation lines shown on the map, Miss Donner
indicated that that was what it showed. She also stated in
zresponse to a question, that the Playground driving range was right
next door to this property to the west.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5
I
9. That the Applicant, Bill Howell, testified before the
October 10, 1995 Planning and Zoning hearing to clear up some gaps
left by the earlier testimony of Ms. Donner; that the elevation of
the display area along I-84 is believed to be an 8 foot elevation
from grade; that the display will be of all new vehicles; that the
proposed fleet maintenance shop is primarily a full service
facility and the phase Ii plan within the 20.00 acres will be for
a body/paint shop; that the 8.49 remaining acres will not be used
by the Applicant's company; that it is simply going to be marketed;
that the anticipated daily trips of the full size road tractors and
3
trailers, ranging up to and including 53 foot, could possibly
figure to be 75 to 100 per day; that the operating hours are 7:00
a.m. to currently 12:00 p.m. and that general maintenance is the
activity going on at 12:00 at night in the shop areas; that the
anticipated maximum employees will probably' be 60; that the
i
Applicant foresees as a.great eventuality, full service leases.
10. There were several property owners in the immediate area
who testified at the October 10, 1995, Planning and Zoning hearing
about the Application; the testimony can be summarized as follows:
a. Kevin Merritt, acting as President of the Meridian
Greens Subdivision of approximately 225+ homes,
wanted to go on record as totally opposing this
Annexation for several reasons. That the proposed
location for the transport truck and trailer
service sales and service facility is not,
appropriate in keeping with the present planned use
of the,adjoining and local property; that based on
the traffic volume, and traffic safety issue, this
proposed development is not compatible.
b. Roy Harada testified that he also is in truck sales
with a different. dealership; he points out that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE 6
contractually, freightliner requires all dealers -to
be open 24 hours; that the traffic flow is going to
be significantly higher than what Mr. Howell
represented, and be well over 150'to 200 vehicles aF
day in and out; and that developments of this type
are typically noisy, smelly and are open extremely
long hours; that the freightliner class 7 trucks,
which are medium duty trucks to a class 8 truck,
grossing in excess of 100,000 pounds, are your
typical trucks, along with Cumins, Caterpillar, all
of the miscellaneous service shops bringing parts
in as well as Federal Express trucks; that another
concern regarding the excessive traffic might well
be the mechanic needing to check out the trucks
after servicing to use Overland Road, turn right,
hit the Interstate, turn right again, hit Eagle
Road, making a circle, thus adding to the safety
factor of the kids in the nearby subdivisions.
C. Becky Bowcutt, of Briggs° Engineering, testified
that on behalf of her client G. L. Voigt
Construction, whose property just south of this
parcel was approved for approximately 290 R-4
designation lots; that Ms. Bowcutt request's that.
the City of Meridian evaluate the landscaping that
is being proposed by the Applicant and that a
landscaping plan be submitted by the Applicant and
an evaluation be done regarding the berming and the
screening at the entrances at I=84 and along the
interstate.
d. That Lou Lois testified that he affirms the
opposition from the President of Meridian Greens
Subdivision with regard to the safety and noise;
that he believes that this type of operation 'is not
one that would stop at midnight but be more a 24
hour operation; that the paint shop and of
hazardous materials so close to residential areas
was also a concern of Mr. Lois'.
e. That Beth Markland testified that she also is in
opposition to this proposed annexation for the same
reasons previously stated, specifically the traffic
concern, the possibility of these trucks -hauling
hazardous materials and the noise.
f. Neda Hagner testified that she too wishes to add
her concerns regarding the traffic congestion on
Overland already being frightening and the safety
of children and grandchildren; that having these
monster trucks on Overland is like putting up
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7
U
barriers to enjoyment of their homes.
'g. Ron Thomas testified.that'his major concern is the
ground septic system and the Ada County Health
District allowing such a thing to be built; that
the traffic is bad now,and would only get worse.
h. That =Rick Reever testified that ',he lives in
Sportsman Point Subdivision and his concerns lie
with the traffic situation and the access to the on
ramp at I-84; that with the proposed shopping mall
at the southeast corner of the on ramp at Eagle
Road, this will only add to the congestion and
potentially more safety problems for the kids in
just the square mile between Overland, Eagle,
Locust Grove and Victory.
i. Nicole Garduno testified at the hearing voicing her
opposition to the proposed annexation and zoning
mainly for the safety issues.
j. That Mark Wilson testified, echoing objections with
regard to the .hazardous waste that this project
will potentially generate and the possibilities of
contamination of the sewer system years- done the
road.
k. Karen Frisch, from Hunts Bluff Subdivision,
testified that her subdivision likewise will be
affected; that she also is opposed to this proposed
annexation.
11•. That testimony before the Planning and zoning Commission
of October 10,, 1995, regarding annexation and zoning was
incorporated into the record of the Conditional Use Permit
Application; 'that Mr. Kevin Merritt also testified, reiterating his
statements he made on the annexation and zoning; that Stewart
Edwards testified that the noise of this plant would be quite an
impact of
the
trailer
park next door;
that the roads, in
his
judgment,
will
not hold
up under the kind
of traffic and the
rigs
that will be generated, especially on Overland Road.
12. That the City Council heard testimony which can be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL'PAGE - 8
summarized as follows:
a. Steve Woodbury, the Applicant's representative, testified
that this application is for the dealership of new and
used truck and trailers and service; that approximately
85% is telephone sales and 15% sales being walk-in trade,
therefore, traffic is minimal; that on a 12 acre site
there is a building approximately 43,000 square feet for
sales, parts and service facility; that the new trucks
and trailers sales will be located to the north of the
parts and service building on an elevated, above -grade,
landscaped portion of the parcel; that security gates
will be installed extending from the building to the side
lot lines and the applicant anticipates a perimeter
fencing also for added security; that the body and paint
shop will remain in Boise; that this will not be a truck
stop or trucking terminal; that the construction will be
of textured concrete panels; that this will resemble
Meridian City Ford, showing -quality of construction, and
insulated for sound; no fuel sales or underground tanks;
that the Applicant is fully aware of all the
environmental regulations, to which he will comply; that
this proposal is a clean and well operated facility;
that the traffic assessment conducted by Bell Walker
indicated this facility would generate approximately 212
vehicle trips per day with 38 of those trips being
trucks, that amount to three (3) trucks per hour; that
95% of the traffic volume will come from Eagle Road; that
7,000 trips per day -will be generated by Overland Road;
that this conclusion was reached by Bell Walker by taking
a look at the business records of Mr. Howell's existing
facility in order to reach their conclusions about the
amount of traffic likely to be generated by this
facility; that a sound level analysis was conducted at
various sites throughout the County; that reading levels
of sound at the site being 49.6 decibels; that 50 to 52
decibels by. the time construction is complete; that
buffers and landscaping will also aid in the sound
emitting from -the premises; that the Applicant
acknowledges that the first row of homes in the
subdivision that borders an arterial will notice an
impact but as you go further into the subdivision, the
impact is dramatically less; that the hours of operation
will be from 7:00 a.m. to 6:00 p.m. 80% of the time, with
possibly 5% of the time closing at 11:00 p.m.; that this
facility will be served by central water and sewer,
taking water and extending it from the Playground R.V.
Park and extending the sewer from the other side of I-84.
b. That Bill Howell testified, -recapping briefly the remarks
of Mr. Woodbury and stating that they have gone to great
-FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9
lengths to show an accurate picture of the proposal based
on facts, not rumors or conjection, and in: making it
compatible.
C. That Robert Green testified and submitted a letter as
part of the record from the Homeowners Association for
Sportsman Pointe that they oppose this application; he
stated that the traffic and safety issues were
unresolved; that the loads these trucks will generate are
just too great 'for the roads, which are deteriorating
greatly; that the question lies also in what these trucks
will be handling, such as any contaminates and that de -
fueling would be probably be necessary in order to
conduct repairs and this would need to meet the
requirements for that and suggested the City needs a
disaster plan in place; and his concern as to the
retention ponds containing hazardous contents.
d. Roy Harada testified, that for 19 years he had been
involved in heavy truck sales and believes the, public is
being told what they want to hear with regard to this
application and- stating again his concerns with this
application; that not all of the information given by the
Applicant has been truthful; that these trucks will be
handling various loads; that the validity of the sound
'level test is questionable -and that he is also concerned
with what this will do to the resale value of his
property.
e. Mike Forgy, President of the Homeowner's Association in
Hunts Bluff, testified that the public is not getting an
accurate picture; that this project be denied; that
children and school buses will also be travelling the
same roads and their safety needs to be considered; that
there is prime property available elsewhere and if 15% of
the sales is walk-in, why is this such a large facility?
f. John Sheets testified that Overland Road is too tight
with the traffic it has currently; that he too is
concerned for the children's safety going and coming from
school buses.
g. Kevin Merritt. testified as representative of Meridian
Greens Homeowner's Association with approximately 225
homes represented; that he questioned the validity of
tests which were conducted and who certified these tests;
that it takes trucks several hundred yards to'get up to
speed and be an impedance to traffic; that possible
substances carried could be hazardous; that existing
traffic must use Overland; that extra traffic is a
hazard; that lighting will be a problem as bright lights
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10
will be needed to display; that this project is not
conducive to the area around it.
h. Ted Hanson brought testimony regarding the tiling of the
Cook Lateral and if this project went forth that the
tiling of that lateral in front of their property be in
by the 10th of April, 1996, as it is imperative he gets
delivery of his irrigation water further down the line;
that he questioned where the drainage would be off this
property.
i. Jay Reeves testified that he sees this as providing an.
increase to the City's tax base; that he does see that
most of the traffic will draw down Eagle Road -to get to
this development; that the people who attend and some who
have testified have had a negative approach to this
application; that he is neither for or against this
project since he is not 100% familiar with everything,
but that it shouldn't just be thrown out whole handily.
j. Mervin Lindley, President of the Locust View Heights
Water Users Association testified and submitted a letter
to the Council stating that they are concerned with the
open ditch that goes through the property adjoining the
east boundary of the golf driving range, that is between
Overland Road and Interstate 84; that this ditch gets its
water through Hunter and Cook Laterals and supplies water,
to approximately 103 acres of properties north of
Interstate 84; that the residents wonder if they will
retain easy access to this ditch or whether it will be
relocated, tubed, or both, and also concerned with the
drainage water .coming from this property and how it will
be taken care of.
k. Lynn Thomas testified that he opposes this application;
that this kind of development is not appropriate or
compatible to the area; that safety is a concern with an
elementary school going in just south of the Sundance
Subdivision; that the application use was industrial and
now things are different for convenience, like the hours
of operation; that he is not comfortable with this
proposal and feels Meridian Yellow Freight needs a good
neighbor.
1. Mr. Brad Miller, an employee of Ronald W. Van Auker,
Inc., who is currently the landlord of Mr. Howell; that
Mr. Howell is an outstanding person and businessman who
runs a clean operation and that there has never been one
complaint made from adjoining property owners, ACRD, or
the City regarding his business; that the City of
Meridian -would be lucky to have him operating his
FINDINGS OF FACT AND CONCLUSIONS OF LAK - HOWELL PAGE - 11
business in the City of Meridian.
M. Mr. Green testified that he isn't. against growth but that
they need to stick with what's at issue.
n. Mike Clark testified as he is the owner of The
Playground; that with the miniature golf and proposed
park site coming in there will be a lot of youth,in the
area and that this is- not compatible usage; that the
drainage would have to come across his property and as it
is now the drainage doesn't work going out to the freeway
because the ditch apparently on the north side of the
property can never be cleaned out, consequently creating
a back up of water there now, and that these are'things
that need to be addressed.
o. Lou Lous, a resident of Meridian Greens,, testified that
those opposing this development are people who live,
work, and shop in Meridian and that their wishes and
desires,must be taken in consideration in being against
this business proposal.
p. Jim Berquin testified that Overland is not a safe
arterial; that just one more truck on that road is
dangerous to all the residents along Overland; that this
is not an acceptable project for the City of Meridian.
q. Ron Thomas, a resident living on Overland Road east of
the proposed site, testified that a school is proposed
directly to the south and that traffic is bumper to
bumper now and this will only make it worse; that school
buses, bikes, and trucks mixing will be bad; that he is
concerned due with traffic, about the kids, buses, and
trucks; that residents can't get into the traffic flow
now as it is.
r. Norma Vise testified that she too opposes this proposed
development and raised the question of any plans of
widening Overland Road.
Councilman Walt Morrow answered that all section line
road within the City of Meridian and`the impact areas,
all section line roads are dedicated to a 90 foot right
of way, the build out is to 5 lanes; that there is a
projected overpass in the area for South Locust Grove
Road to go over the freeway; that the design work for the
rebuild of Overland Road has essentially been done and a
portion of it is budgeted in the five year transportation
capital improvements plan with Ada County Highway
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 12
S. Becky Bowcutt', representing Gary Voight of Sundance
Developing testified that Sundance is in opposition of
this project; that this area is residential; that this
projected development is industrial use, not commercial;
that 4 acres have been set aside for an elementary school
site;. that this violates the -Meridian Comprehensive Plan
5.61 5.8, 5.9 (integrity and identity of neighborhood and
compatible use); that Overland Road cannot handle the
major impact of traffic; that if approved, Sundance will
have to`evaluate building any homes which would back up
to this facility and,which, quiet honestly would never
sell.
t. Neta Heitner, testified that the mothers and grandmothers
of Sportsman Point or Meadow Greens don't want to have to
worry for their children's safety from the streets of
these mentioned residential subdivisions.
U. David Roylance, a civil engineer representing the
Applicant, testified that this property is subject to
ACHD impact fees, so this project would help fund the
•reconstruction of Overland Road; that he tried to reach
Gary Voight of Sundance Development to say that he would
work with him to soften some of the impacts, but no
contact to date has been made; that higher berms, bigger
setbacks, directional signs, all these can be worked with
to soften the impacts; that a misstatement made by
somebody from his staff was made; that the project
intends to extend the sewer and water; that water
laterals will be tiled; that the statements referring as
to industrial vs. commercial is semantics; that it is not
a truck terminal, but a sales office; that changes are
not .slippery and he thought they would be endorsed and
changes made to be compatible, not slippery or evasive.
V. Ed and Sheila Cunningham submitted written testimony
voicing their opposition to this project for a number of
reasons, which include noise level, hours of operation,
and impact on traffic flow through the area; that the
negative effect this will have on property value in the
area adjacent to this proposed project.
13. That the Assistant to` the City -Engineer, Bruce
Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian
,City Police and Fire Departments, Central District Health
Department, and Nampa & Meridian Irrigation District, submitted
comments;
that
those comments
are submitted
herein by
this
FINDINGS
OF FACT
AND CONCLUSIONS
OF LAW - HOWELL
PAGE
- 13
0
reference and are hereby incorporated herein as if set forth in
full:
14. That Assistant to the City Engineer, Bruce Freckleton,
commented that the legal description submitted with the Annexation
and Zoning application 'needs to be revised so that the northerly
boundary is the northerly boundary of Interstate 84 rather than the
centerline; that he commented in the application for annexation and
zoning for the property in the northeast quadrant of the
intersection of Overland Road and Eagle Road, the Power Mall, which
comments are equally ,applicable to this Application, that ,any
existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605 M; that any existing domestic wells and/or septic systems with
this .project shall be removed from their domestic service per City
Ordinance, except for wells may be used for non-domestic purposes
such as landscape.irrigation; that off-street parking, paving and
striping, drainage plan, outside lighting, and all signage shall be
in accordance with City Ordinances; that a profile of the
subsurface soil conditions shall be submitted to determine the
seasonal high groundwater elevation and that water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model; and that specific site comments
were the following:
a. That the Public Works Department shall be provided with
information on anticipated fire flow and domestic water
requirements for the proposed site, as this is critical for
determining the water serviceability for this proposal;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14
b. That at this time this site is not serviceable by the
Meridian City Water System or by the Meridian City Sanitary
Sewer System; that the Applicant will be required to construct
12 inch diameter water mains from the City's current points of
terminus in Overland Rd. to and through the proposed site;
C. That assessment fees for water and sewer service are
determined during the building plan review process, in
addition, 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.
15. That Shari Stiles, Planning & Zoning Administrator,
submitted comments; that details of the landscaping plan are needed
for review and approval; that four to six-foot high, berms should be
.included along Overland Road to reduce the impact of headlight
glare on adjacent residential property; that City Ordinance
requires a minimum of one (1). three-inch caliper tree per 1,500
square feet of pavement; however this requirement is unrealistic
for this development, however careful,planning of landscaping is
required and must be approved prior to obtaining building permits;
that I-84 and Overland Road are both designated as entrance
corridors in the Comprehensive Plan and therefore require a 35 -foot
minimum landscape setback; that perimeter and internal landscaping
is also required; that five-foot (51) sidewalks shall be installed;
that the proposed realigned subdivision boundary would require a
plat to be prepared, as these are not platted lots; that any
existing irrigation or drainage ditches crossing the property shall
be tiled per City'Ordinance; that a drain ditch currently exists
along the eastern property boundary which need to be tiled; that a
Certificate of Occupancy is required prior to opening and that
occupancy would be contingent upon meeting all zoning, building
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15
code, public works, Fire Department and agency -regulations; that
the possibility lies in that overnight repair work will be needed
which.would require this facility to be open longer in which case
the Applicant may need to provide soundproofing of the service -
maintenance shop to avoid disturbing the residential areas; that
illumination shall be designed to not cause glare or adversely
impact neighboring residential uses and freeway traffic; that a
Development Agreement is required as a condition of annexation and
that it would be preferable to have a detailed list of conditions
in lieu of a development agreement.
16. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and is in the Eastern Industrial Review
Area.
18. That it is not known at this time if the property will be
able to be physically serviced with City water, if applicant
extends the lines; that' the ability to provide sewer service to the
property is also unknown at this time and the City Engineer did not
submit -comments prior to the Planning and Zoning hearing regarding
providing sewer service to the property.
19. That Meridian has, and is, experiencing a population .
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision lots
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 16
and other uses.
20. That the following 'pertinent statements are made in the
Meridian Comprehensive Plan and are specifically applicable to this
Application:
1. Under LAND USE
Comprehensive Plan Map, -Page 22
The land use delineations depicted in the
Comprehensive Land Use Map are not precise, but
rather the Comprehensive Land Use Map represents a
long-range vision of community development in
generalized areas. The map represents a
compilation of input and ideas expressed by
citizens, community groups and local leaders.
LAND USE GOAL STATEMENT, Page 23
1.1OU Promote the design of attractive roadway
entryway areas into Meridian which will
clearly identify the community.
1.11U Protect citizen investments in existing
public facilities, (water, sewer,
streets, fire, police) by encouraging
controlled growth through city planning
reviews and development agreements.
INDUSTRIAL POLICIES, Page 24
3.3 Access to industrial areas from collector and
local streets will be discouraged.
h
3.4 Industrial uses adjacent to 'residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
Easter -Eagle Road Light Industrial Review Area,
Page 25
3.14 The character, site improvements and type of
light industrial developments should be harmonized
with the residential uses in this area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, quiet; and free of
hazardous or objectionable elements.
2. Under TRANSPORTATION, Page 43
Existing Conditions
Overland Road, East of Linder, is listed as a Minor
arterial.
3. Under COMMUNITY DESIGN
Entryway Corridors, Page 72
Entryway corridors are arterial roadways
-entering the community that introduce both visitors
and residents to Meridian. City -designated gateway
arterials include the following streets:
a. i-84 (East and West entrances)
f. Eagle Road (North and South entrances)
g. Overland Road (East and West entrances)
Entryway corridors are a community's front
door. It is acknowledged that the corridor's trees
(or lack thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.
Therefore, the entire community and, most
specifically -its governing bodies, have the right
and the -responsibility to guide the development and
redevelopment that occurs along entryway corridors.
Entrance Corridors Coal Statement, Page 73
Promote, encourage, develop and maintain
aesthetically -pleasing entrances to the City of
Meridian.
Neighborhood Identify Goal Policies, Page 74
6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential use's,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
21. That the property is included within an area designated
p . e
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE -18
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planned Use Development Area.
22. That the requested zoning of General Retail and Service
Commercial, '(C -G) is defined in the Zoning Ordinance at 11-2-408 B.
11. 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."
23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, lists commercial uses- allowed. in the various zoning
districts of the City; that planned commercial developments, are an
allowed use in the C -G district and sales lots are an allowed
conditional use in that zone.
24. That Planned Development is defined in 11-2=403 B, at
page 20 of the Zoning -Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a•
number of uses in combination with or exclusive of other
supportive uses. A PD may be- entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one, or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
' the proposed use of interior and exterior spaces requires
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses,, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses."
and a Planned Commercial Development is`defined as follows:
"Any development in which the principal use of land is for
commercial purposes."
25. That in 1992 the Idaho State Legislature passed
amendments to the Local "Planning Act,. which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development onthe 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.";
that the City of Meridian tlis concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services, to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the, City knows that the increase in
population does not provide sufficient tax base to provide for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 20
3
school services to current and future students; that the industrial
and commercial developments do provide taxes for providing fire,
police, emergency health care, water, sewer, parks and recreational
services for people that are here; and which will come here.
26. That pursuant to the instruction, guidance, and direction
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.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (101)
wide."
28. 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,
(201) wide, and shall not be a part of the normal street right
of way or utility easement."
29. That.Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
30. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open.
space corridors should be determined by natural features and,
-to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21
I
t 4
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped•), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open spacecorridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle'ways;
3. To play a major role .in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. -To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
31. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle -Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.,"
32. 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.
33. That 11-9-607 A, of the Subdivision Ordinance, states in
part as follows:
"The City's policy is to encourage developers of land
FINDINGS OF 'FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 22
development and construction projects to utilize the
provisions of this Section to achieve the'"following:
1. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such .uses . "
34. That 11-9-607 E, of the Subdivision Ordinance, states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
the Section. A PD shall be governed by the regulations of the
district or districts in which said PD is located. 'The
approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided.such exceptions are consistent with
the standards and criteria contained in this Section."
35. That 11-9-607 F, of the Subdivision Ordinance, states in
part as follows:
1. Planned Developments - Planned developments shall be
subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
8. Financial Guarantees - The developer shall post financial
guarantees for all approved on-site improvements if
required pursuant to 9-606 C."
36. The Applicant submitted an Application and materials and
documentation for a conditional use permit for a truck/trailer
sales. and service facility; that such Application, materials and
documentation on the conditional use are incorporated herein by
this reference as if set forth in full; that the Applicant
submitted materials on the conditional use request and did
reference how the truck/trailer sales and service facility would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23
El
a
operated; there were comments from the public which pertained to
the annexation and zoning and to the conditional use permit, and
such are incorporated herein°`as if set forth in full for purposes
of the application for the conditional use permit.
37. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
A. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code. Meridian Citv Ordinances.
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F. That 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.
G. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation of the City of Meridian.
fi
H. That since the annexation and zoning of land is a
legislative function,, the City has authority to place conditions
upon the annexation of land. Burt vs., The City of Idaho Falls, 105
Idaho 65, 665 P.D 10751(1983).
I. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M. which pertains to the tiling
of ditches and waterways.
J. That this Application has been difficult for the City to
} decide because of opposition to the Applications, which could
,dictate -that the Application be denied, and because of the Meridian
Comprehensive Plan which shows the land as being in an area shown
as a Mixed/Planned Development Area, which could dictate that the
Application be approved; that the City Council understands the
;objections and sympathizes with them on an individual basis and
understands the Comprehensive Plan's direction for development of
FINDINGS OF FACT -AND CONCLUSIONS OF LAW - HOWELL PAGE - 25
the area; that the duty of` the City, however, is not to be
specifically controlled by the interests of individual property
owners and their concern's; that the Comprehensive Plan is just
that, a plan and not a controlling ordinance; but, that it is also
concluded that the Meridian Comprehensive Plan should be given the
utmost consideration; that there was case law cited in the Planning
and Zoning Commission's Conclusions of law -that the comprehensive
plan is not controlling, but the case. law only stated the
comprehensive plan is not controlling; it did not state that the
Comprehensive Plan should not be considered. Bone v. City of
Lewiston, 107 Idaho 844, 693 P.2d 1046 (1984), stated a land`use
map is not the comprehensive plan, but also stated it is one of the
12 components referred to in Section 67-6508, which go into the
making of a `plan .
K. That the duty of the City is to assess the applications
on the basis of the overall good of the City and its citizens; that
it is with this duty and background that the City has undertaken to
make these Findings and Conclusions.
L. That the Applicant has stated in its Supplemental
Information and in its presentation to the City at the public
hearing, 'that its proposed use of the property will be a commercial
use; that the type and location of the commercial use proposed by
the Applicant is in compliance with the Comprehensive Plan, since
the Plan states that the -area is a Planned Use Development Area.
M. That if the property was annexed and zoned, as a
condition of annexation and the zoning'of C -G, the Applicant would'
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 26
be required to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D; that the development agreement would
address, among other things, the following:
1. Inclusion into the development, including but not limited
to, the requirements of 11-9-605:
a.
C,
Pedestrian Walkways.
b.
G
1, Planting Strips.
C.
H,
Public Sites and Open Spaces.
d.
K,
Lineal Open Space Corridors.
e.
L,
Pedestrian and Bike Path Ways.
f.
M,
Piping of Ditches
and 11-9-606:
a. Bicycle Pathways.
b. Storm drainage.
C. Sidewalks and Pedestrian Walkways.
d. Greenbelt.
e. Pressurized Irrigation.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by its
representative during the public hearing.
3. Addressing access linkage, screening, and buffering.
4. An impact fee, or fees, for park, police, and fire
services'as determined by the city.
5. Appropriate berming-and landscaping.
6. Submission and approval of any required plats.
7. Submission and approval of individual buildings,
drainage, lighting, parking, and other development plans
under the Planned Development guidelines.
8. Harmonizing and integrating the site improvements with
the existing residential development.
9. Establishing a 35 foot landscaped setback as suggested
under the Comprehensive Plan and landscaping the same.
10. Addressing the comments of the Planning Director.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 27
11. The sewer and water requirements.
12. Agreeing that the Meridian Comprehensive Plan is
applicable to the land and any development.
13. Traffic plans and access into and out of the development.
14. Meeting the representations made as part: of the
application and hearing process.
15. And any other items deemed necessary by the City Staff,
including design review ofY all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
N. That Section 11-2-417 D of the Meridian Zoning Ordinance
states that, if annexed, a development agreement should be recorded
in the office of the Ada County Recorder and take effect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. That it has been
the experience of the City that development agreements are
difficult to enter into prior to the annexation ordinance being
passed; that it is concluded that the development agreement shall
be entered into prior the final plat being approved and prior to
issuance of any building permits.
O. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian and an
annexation and zoning ordinance should be enacted.
P. That regarding the conditional use permit applied for, it
is concluded, that since the City has concluded that the annexation
and zoning is in the best interests of the City, that the
conditional use permit should also be granted.
Q. That the City of Meridian has authority to grant
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 28
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
R. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho;,
S. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the Planning and Zoning
Commission shall review applications for Conditional Use Permits;
that upon a review of those requirements and a review of the facts
presented and the conditions of the area, the Planning and Zoning
Commission concludes as follows:
a. The use, would in fact, constitute a conditional use and
a -conditional use permit is required by ordinance.
b. The use is in accordance with the Comprehensive Plan but
the Zoning Or requires a conditional use permit to
allow the, use; that the use should be harmonious with the
Comprehensive Plan and the Zoning Ordinance and the
surrounding area, including the residential area, if the
conditions required herein are met and maintained.
C'* If the use meets the requirements herein, the. use
apparently would be designed and constructed, to be harmonious
in appearance with the` intended character of the general
vicinity.
d. If the use meets the requirements stated herein the
proposed use the use would not necessarily be disturbing to
existing or future neighboring uses; that the proposed use
should be continuously reviewed.
e. The property does not have existing sewer and water
service available and Applicant shall be required to will be
required to fund development of both the water and the Sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 29
f. If the' requirements stated herein are met the proposed
use should not create excessive additional requirements at
public cost for public facilities and services and the use
would not be detrimental, to the economic welfare of the
community.
g. If the requirements stated herein are met the use should
not involve a use, activity, process, material, equipment or
conditions of operation that would be detrimental to person,
property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
h. That there shall be sufficient vehicular approaches to
the property so as not to create an interference with traffic
on surrounding public streets.
i. The development and uses will not result in the
destruction, loss, or damage of a natural or scenic feature of
major importance.
T. That the requirements of the Meridian City Engineer's
office, Meridian Fire Department, Central District Health
Department, and the Nampa & Meridian -Irrigation District, shall be
met and addressed in a development agreement.
U. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property would
be subject to de -annexation.
V.= That the Applicant shall be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement.
k
W. That the Applicant shall meet the requirements of the Ada
County Highway District.
X. That these conditions shall run with the land and bind
the applicant and his assigns.
FINDINGS.OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 30
A
V
a APPROVAL OF FINDINGS OF FACT AND`CONCLUSIONS
The Meridian City Council hereby adopts and° approves these
Findings of Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW VOTED
COUNCILMAN YERRINGTON VOTED
l
COUNCILMAN CORRIE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
DECISION
The City Council of the City of Meridian hereby approves that
the property set forth in`the application be annexed and zoned and
that the conditional use permit be granted under the conditions
stated in the above Firidings.of Fact and Conclusions of law:
MOTION:
V
APPROVED: DISAPPROVED:
�y
FINDINGS OF FACT AND CONCLUSIONS OF LAW — HOWELL PAGE — 31
i
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995
APPLICANT: BILL HOWELL ITEM NUMBER; 16
REQUEST; PUBLIC,HEARING: REQUEST FOR ANNEXATION/ZONING OF 28.49 ACRES TO C -G
AGENCY
COMMENTS
CITY CLERK:
MINUTES FROM 10-10-95 P & Z MEETING
r
SEE ATTACHED COMMENTS
i
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995
APPLICANT: BILL HOWELL ITEM NUMBER; 16
REQUEST; PUBLIC,HEARING: REQUEST FOR ANNEXATION/ZONING OF 28.49 ACRES TO C -G
AGENCY
COMMENTS
CITY CLERK:
MINUTES FROM 10-10-95 P & Z MEETING
CITY ENGINEER:
SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
"REVIEWED"
CITY FIRE DEPT:
SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION;
SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
0
Meridian Planning & Zoning Commission
October 10, 1995
Page 19
table saw, they cut their wood and take it out in the shop and put it together.
Johnson: Wayne, do you have anything?
Crookston: No I don't
Johnson: Thank you, this is a public hearing is there anyone else that would like to
address the Commission on this application? Seeing no one then I will close the public'
hearing at this time.
Shearer: I move we have the attorney prepare findings of fact and conclusions of law.
Rountree: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST'FOR ANNEXATION AND ZONING OF 28.49
ACRES TO C -G BY BILL HOWELL:
Johnson: I will now open the public hearing is the applicant of the representative here,
would you please address the Commission at this time.
Kristina Donner, 3363 Buckboard Way, Boise, was sworn by the City Attorney.
Donner: We are requesting annexation and zoning on a peice of property that is located
on Overland Road between Eagle Road and Locust Grove. I am not sure where the best
place to put this is, so you can all see it. I don't know if you all got a copy in your packet
but I know they were pretty large drawings.
Johnson: Well there is an easel but I don't see it.
Donner: That is okay, I will just'hold it.
Johnson: You can set it in those chairs there if you want to. Set it up by the projector or
whatever.
Donner: The site is 28.49 acres`and the larger portion where we show the site plan now
is 20 acres the remainder is for future and that is the remaining 8.49 acres. There will be
Meridian Planning & Zoning Commission
October 10, 1995
Page 20
a facility to sell and servicefreight liner trucks on the 20 acre parcel. The future parcel will
be for a body shop and repair center. The square footage of the building on the service
and sales center is approximately 39,825 square feet. The repair would be $31,440
square feet. A couple of items of concern are the sewers which are presently still on the
north side of the freeway. But work is currently underway on a project across, the street
from our project on the south side of Overland and if this project is approved we would
work in conjunction with them and share the.cost to bring the sewer down to this location.
If the sewer, if it is not possible to get the sewer down within the time frame that they
would like to open this service we have already talked to Central District Health and we
have had a soil scientist determine that we could have a septic system and we would put
in the septic system and utilize that until such time as we could bring the sewers in. Also,
the water would be provided by City of Meridian and we are planning to extend the water
approximately 600 feet to get it to the site. We have read all of the letters and conditions
from,everyone at the City. The only comment was that one of Shari Stiles's comments was
about putting 4 to 6 foot berms along the front of Overland and they are a little bit
concerned about the trucks having a site distance problem having this berm there and the
fact that none of the other properties along Overland there were for the industrial use had
berms in them. That was really the only comment that they had regarding the letters from
the City. -
Johnson: Thank you, do any of the Commissioners have any questions?
Rountree: Would you explain to me what operations would be in effect at this site. I
assume that it is a car dealership only it is a freight liner dealership is that correct?
Donner: `I got more of an impression that it was more a service center for those big trucks.
Rountree: How many service calls, how, many truck trips in and out on a daily basis?
Donner: That I don't know but the developer is.here and he may be able to enlighten you
on -that.
Johnson: We can ask later, we can't have your comments until you are sworn in. Unless
you want to confer with him and -then relay it to us. We are working with the one with the
mic right now.
Donner: Which ever way you guys want to do it.
Johnson: We can ask that question later.
Rountree: Have you discussed this with Ada County Highway District? .
Meridian Planning & Zoning Commission
October 10, 1995
Page 21
Donner: Yes, there was a meeting with Ada County Highway District and their concerns
were changes of the curb cuts which we have agreed to and also they said that they lanes
striping would have to be revised on the roadway and that is not a problem either.
Rountree: You have a phase'2 fleet maintenance shop, is that fleet in the context of freight
x:
liner fleet or as in `a trucking fleet?
Donner:.;) am not real sure. There is nothing on the site that is proposed they don't have
any concrete plans on that at all.
Hepper: What would the hours of operation be?
Donner: I am not sure.
Hepper: It shows a row of trucks out along the Interstate; I would assume that if those are
placed there that those would be trucks that are for sale, is that correct?
Donner: I am not sure.
Hepper: My next question .would -be whether those would be new trucks or used trucks.
Donner: Again, I am sorry I don't know.
Rountree: The plat indicates another approximately 8.5 acres (inaudible) remainder of this
site for future, expansion, what might that entail?
Donner: That would be the repair shop area.
Rountree: So there would be a difference between fleet maintenance and repair area?
The 20 acres area shows a space for fleet maintenance shop indicated as phase 2.
Donner: From what I understand that would be a body shop type repair facility.
Johnson: Any other questions?
Rountree: I.have a question„about this display area adjacent to the Interstate. It is not
indicated but I assume by the lines that is topo lines and that is going to be,°a raised
platform the length of the lot that would perch the trucks up above whatever elevation
those lines are.
Donner: Yes that is the indication.
t, M
Meridian Planning ,& Zoning Commission
October 10, 1995
Page 22,
Rountree: What is -that elevation? You don't know if those are 1, 2 or 5 foot contours,
probably not more than two.
Donner: No, because it is reasonably flat, (inaudible).
Crookston: Where is this property in relation to the driving range?
Donner: Right next door, it is over hereon the west
Crookston: The driving range iswest of. this'piece of property.
Donner: I believe so.
Johnson: I don't know if you have a copy of this plat but that is what it says here but that
is what it says to the west. Thank you, we,will probably need to hear from the developer
because it seems like we need some more concrete specific, answers on this, those
elevations and some of the uses proposed. I would like to know what fleet maintenance
is, if that is a detail shop or a body shop or what it is because I can see that as quite a bit
of difference between the two.
Donner: Thank,you very much.
Johnson: Would the developer like to come forward at this time, we can talk to you after
we get the public's comments or whatever, we will give you both opportunities.
Bill Howell, 10455 Jay Road; Boise, was sworn by the City Attorney.
Howell: I am happy to fill in any of the gaps here. Unfortunately Kristina wasn't the primary
worker on this project and was'called in short notice. So maybe l could help out here.
Johnson: How about just start with a couple of Charlie's questions if we could, do you
know the elevation of the display area long 1-84?
Howell: I believe that is 8 foot elevation from grade.
Johnson: Are we talking a berm similar to what is on some of the other properties to the
west there?
Howell Precisely
Johnson: And then the other thing is what is fleet maintenance shop as opposed to this
IG
Meridian Planning & Zoning Commission
October 10, 1995
Page 23
proposed (inaudible) for repair?
Howell: It is primarily the (inaudible) full service facility and that will primarily be the
service building for the semi trailer as opposed to the power tractor. Essentially the same
usage it just needs to have different dimensions. It will have by the way a body shop and
paint shop.
Johnson: And that will be in the phase 2 indicated here?
Howell: Yes
Johnson: So if you could elaborate a little more on what is planned in the future expansion
in the 8.49 acres.
Howell: The 8.49 acres won't be used by my company, it is simply a, it is probably going
to be marketed and really.
Johnson: At this point you are talking a tenant or a sale?
Howell: We are talking sale of the future site.
Johnson: Any other questions of the developer?
Rountree: The question was raised about the display area whether that would be new or
used vehicles:
Howell: All new.
Rountree: And I asked about traffic in and out, what kind of daily trips do you anticipate
with tractor trailers, what sizes?
Howell: The primary usage of course is full size over the road tractors and trailers. Trailers
ranging up 'to and including 53 foot. We haven't obviously done a scientific study of the
numbers but [would offer as a round figure, offer possibly 75 to 100 entrances and exits
combined.
Rountree: That is per day?
Howell: Yes
Rountree: What are your operating hours?
Meridian Planning & Zoning Commission
October 10, 1995
Page 24
Howell: 7:00 a.m. currently run to 12 p.m.
Rountree: Would you envision triples in and out of there on occasion?
Howell: Very rarely, we don't service that type of equipment.
Rountree: Mostly single units then, what kind of trailers do you service, anything from farm
to over the road type?
Howell: Pretty much over the road, all the different configurations.
Rountree: What activities do you have going on at 12:00 at night?
Howell: General maintenance.
Rountree: In your shop areas?
Howell: Right
Johnson: How many employees, do you have, or anticipate having?
Howell: Maximum gear, of -probably 60.
Johnson: If you' have 60 you are -going to have more than 75 trips a.day.
Howell: We are talking about (inaudible)
Johnson: Do you have a leasing operation?
Howell: Not at the moment, it is
Johnson: Doyou have full service leases?
Howell: We don't at the moment but foresee that as a great eventuality.
Johnson: Any other questions of the developer at this time? Thank you Mr. Howell. Is
there anyone from the public that would like to address the Commission on this public
hearing?
Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 25
Merritt: Transport Truck and Trailers, Bill Howell request for annexation and rezoning and
conditional use permit. I come tonight as a representative of the Meridian Greens
Subdivision acting as President. The Meridian Greens Homeowners Association which is
225+ homes and more to be .added request to go on record astotally opposed to the
subject application for the following reasons. The proposed location for transport truck
and trailer service sales and service facility is not appropriate in keeping with the present
planned use of the adjoining and local property. for the following reasons. Overland Road
presently at 2 lanes and in the planned near future 3 lanes is not designed for this type of
use. � The traffic intersection at either Eagle Road, Overland Road or Meridian is not
designed or presently planed for this type of based traffic volume and traffic safety issues.
Private cars, school buses, commercial vendors enter and leave the several subdivisions
along Overland- Road between Meridian Road and Eagle Road. 'There are also
considerable traffic from Locust Grove entering Overland. So our main concern obviously
is going to be traffic and safety. Already existing developments around the area must use
Overland for means of egress and access, additional traffic signals would possibly. be.
necessary. The increased noise level brought about by the increased highway type traffic,
truck traffic on.Overland Road would be a major annoyance and problem for the residents
in this area. The type of tall standard lighting which would be required for this type of
facility also is not compatible with the planned R-4 zoning on the south side of Overland
Road. The 24 hour per day service which goes on in this type of building, he talked about.
the hours that they would be open really is not compatible with any of the present
businesses that are currently along Overland Road or proposed future use of the property
along Overland Road. Basically the businesses along Overland Road now are fairly
compatible with the residential tone of that area such as Arnold, Machinery and Caterpillar.
They are pretty much 8 to 5, five days a week and it blends in with the harmony of the
residential area. When you start introducing high volume, heavy capacity truck traffic of
all hours of the day at that point it really doesn't become compatible vire feel. So most of
the points listed above will definitely incur an increase in the tax dollars for the residents
in Meridian, it could also lower the property values of the surrounding homes in the area
thereby decreasing the property tax base for the City of Meridian. And for the above
stated reasons the Meridian Greens Homeowners Association strongly feels that this
application should be denied. Obviously there are places more suitable to this type of
business that is already zoned and maybe more in mind for this type of business. At this
time that is the statement that I would like to make and I would like to leave you gentlemen
a copy of our statement.
Johnson: Any questions of thePresident of the Homeowners Association. Anyone:else
from the public like to address the Commission at this time? -
Roy Harada, 871 East St. Martin Drive, was sworn by the City Attorney:
Meridian Planning & Zoning Commission
October 10, 1995
Page 26
Harada: I have -basically just'three points, I have kind of a unique standpoint from most
of the people here. I am also in truck sales and I sell (inaudible) with a different dealership.
I think one point that Mr. Howell needs to clarify to you folks is I believe contractually
freightliner requires all dealers to be open 24 hour service. I think that is a critical point.
Number 2 the traffic flow is j going to be significantly higher than what he contended at 75
to 100. Our dealership is considerably smaller and our traffic is well over 150 to 200
vehicles a day in and out, .miscellaneous types of vehicles. The type of trucks that Mr.
Howell will be having coming in there for example, action express, triples grossing over
100,000 pounds, triple trailers and numerous other types of trucks. I don't have a problem
with the type of business he has but I don't think it belongs in our neighborhood. There
are five other dealerships in the Boise Valley none of them gentlemen are located near
residential areas. And for a good reason, they are noisy they are smelly and they are open
for extremely long hours. 1 did not build that house in that subdivision to have to contend
with jake breaks going up and downthe hill. One of the unique features is if you look at
the road at ' Locust Grove to Meridian Road -the road slopes down there where .most of
those residential areas are sitting at. Most of your truck drivers are not going to shut the
jake breaks off so at all hours night and day those people are going to have to contend'
with that noise and it is extremely loud. Those are the points that I have to make. Thank
you. F
Johnson: Any questions of Mr. Harada?
Rountree: Yes I have a question, you indicated trips in and out of your business
specifically being?
Harada: Our business is basically the same thing as Mr. Howell's. Mr. Howell's business
is a western store and I am not sure whether he is bringing those trucks out. But the
freightliner trucks go for class 7 trucks which are medium duty trucks to a class 8 trucks
those trucks grossing in excess of 100,000 pounds. Along with the trucks that you have
coming in and out for service you have vehicles coming in from Cumins, Caterpillar, all the
miscellaneous service shops bring parts in. There are federal express trucks coming in
and out with parts. There are, because of freight liner's system they are set up on a
national fleet basis to handle all of their national fleet accounts. So those accounts not only
just the accounts that he handles locally will need to be serviced. So I think that it is pretty.
obvious that there is going to be excessive traffic on that road. The other concern, if you
look at the flow of traffic the most common sense way for his mechanics to check to those
trucks out after they are serviced is to use Overland Road. They will turn right onto
Overland and then turn right onto Overland hit the Interstate, tum right again, high Eagle
and come back so that circle is going to have constant traffic, we have lots of little kids in
that subdivision and the other subdivisions nearby. There are no sidewalks on either side
of that highway for the children and it is very difficult for a trucker to see it. I drive the
ic
Meridian Planning & Zoning Commission
October 10, 1995
Page 27
trucks myself and it is very difficult to see a small child -on a dirt lane on the side.
Rountree: Back to my question, you indicated you had 150 to 200 vehicles, I assume that
is trucks? Your business is truck sales?
Harada: Truck sales and service.
Rountree: Of a comparable size and nature? Which one is it specifically?
P
Harada: It is Idaho Great Basin. In comparison to the size ofthis facility we are probably
a third the size.
Rountree: That answers my question.
Johnson: Thank you, anyone else that would -like to come forward at this time?
Becky Bowcutt, 'Briggs Engineering, 1111 S. Orchard, Boise, ,was sworn by the City
Attorney.
Bowcutt: Good evening, I am here this evening on behalf of my client G. L. Voigt
Construction. They own the property just south of this parcel, across the street on
Overland Road. As you are probably well aware of, a subdivision for single family
residential development was approved last year for approximately 290 lots. It is, it was
annexed and rezoned with an R-4 designation. Basically I have been asked to come this
evening to request that the City of Meridian evaluate the landscaping thafthis particular
company is proposing along Overland Road to make sure that it is adequate. That we
don't have some type of facility that would not be compatible with the residential across
the street. i think in the past the projects that I have had on Overland Road you have
required anywhere from 35 to 20 feet of landscaping, requested berming, submit a
landscaping plan. I had one before you last month, you asked that we come back with a
landscaping plan.. I would highly recommend that with this type of project so that someone
could evaluate the berming and the screening. Also, if you recall you requested that we
have 35 foot of landscaping along 1-84 because that is considered an entrance way into
the City. I am not here neither to oppose this or be a proponent just to make sure that
whatever transpires will take into consideration the residential development directly across
the street. Thank you. I
Johnson: Thanks Becky, anyone else?
Lou Lois, 582 E. Kingsford Drive, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 28
Lois: I would just like to reaffirm the opposition from the President of Meridian Greens, all
the things that were stated such as safety and noise. I believe that those are strong
concerns. One of the things that I am very concerned about is I cannot believe that this is
an operation that would stop at 12 midnight. I have relatives in the trucking business and
if somebody needs to make a delivery and it is quarter to twelve they are going to do what
they need to do to make sure that mechanic is going to be working overtime to get them
through and on the road again. So I have. reason to believe it would be a 24 hour
operation. In addition to that I believe I heard, please correct me if I am wrong that this will
have a paint shop as well? That brings up an extreme concern of hazardous materials.
All the things associated with a paint shop. The size of the vehicles we are talking about
here would probably be the equivalent of a 727 Boeing jet or maybe a DC 10 and if you
-want to know the extreme concerns and hazards associated with paint in airplanes you
can understand why many airports cannot do that type of service and have to leave it for
a facility such as Boeing or McDonald -Douglas to do their painting. So that brings up a
major concern to have that kind of a hazard so close to a residential area. That is it.
Johnson: Thank you, is there anyone else that would like to come forward at this time?
Beth Markland, 1132 E. Mastiff Street, was sworn by the City Attorney,
Markland: At any rate we just want to reiterate there are a lot of us in the neighborhood
that have discussed this, we are not all here tonight. But there seems to be a consensus
and if you want -us to get a petition or something together we could probably do that.
There is a lot of opposition in our neighborhood for the same reasons. Specifically one
concern the concern of traffic there are all kinds of buses going in the morning before it is
even light the buses to Lake Hazel, some of the buses to some of the elementary schools,
they leave at like 6:50 in the morning and they are driving out there on Overland and on
Locust Grove. It just seems like a pretty scary prospect to have kids out there in the dark
having to stand up next to these big trucks. Another concern I had and I don't know if we
need to ask the developer or not, but the other gentlemen raised the question of
hazardous materials. Are some of the trailers, some of the trucks that are going to be
served going to be tankers and hauling hazardous materials, gasoline and that type of
thing because then that seems like that would quadruple -the risk. The obvious concerns
of noise, traffic, and we like our neighborhood and we would like to keep it primarily
residential. Again we don't care, we want business to boom in Meridian but we would
rather have it be someplace more appropriate.
Johnson: Thank you
Rountree: I have a question? Did you indicate you represented your neighborhood
association?
Meridian Planning & Zoning Commission
October 10, 1995
Page 29
Markland: No
Neda Hagner, East Kingsford Drive, was sworn by the City Attorney
Hagner: I moved to Meridian Greens because of the type of neighborhood that it is. I
have grandchildren living in Sportsman Park. I am upset that there are no sidewalks and
that Meridian Greens faces on Overland which is only two lanes. It is really not even
adequate for the traffic that already exists on that road. And as more and more homes -are
already approved to go in the traffic congestion on Overland is really frightening and the
fact that my grandchildren, who want to come to visit me -aren't safe to walk even under
(inaudible) conditions. So that I go over and pick them up or (inaudible). If we have these
monster trucks on Overland it is like you are putting barriers to enjoyment of our homes.
I think the value of our homes will be sky rocketing down but I think safety is the bigger
issue than the value of the houses. i think that this definitely should be turned down and
I know many people in Meridian Greens, and I can't speak for anybody but myself, but
many people that I have spoken today at Meridian Greens who couldn't be here tonight
feel the same way I do. So I ask you please turn down this request. Thank you.
Johnson: Any questions? Is there someone else that would like to come forward?
Ron Thomas, 2600 East Overland Road, was sworn by the City Attorney.
Thomas: I have a piece of property just east of about 150 feet east of this project. My, the
only concern I have, (.have a lot of concerns, but my major concern and one of them is this
sewer, the ground septic system. I can't hardly imagine Ada County Health District
allowing such a thing to be built. Especially when everybody else is required to hook onto
a sewer system. The traffic is bad, I have a 300 foot run to get on Overland and it takes
me five minutes to get on Overland now and I can hit it at 60 miles and hour. (Inaudible)
I understand they are going to widen Overland but I have lived out there for 20 some years
and I have (inaudible) probably have`to have a tractor to get down that. Maybe they will
do something about it I don't know you keep a semi on the road they are (inaudible) it
bounces all over the place. That is my major comment was a concern, one of my concerns
is the sewer or a septic system. That just amazes me that anybody or that Ada County
Health or whoever it is would allow an above the ground sewer system, septic system.
Thank you.
Johnson: Thank you, anyone else like to speak tonight?
Rick Reever, 1157 E. Puffin. Street, was sworn by the City Attorney.
Reever: I live in the Sportsman Point Subdivision and as you heard earlier we have yet
Meridian Planning & Zoning Commission
October 10, 1995
Page 30
to nominate anybody that can represent the subdivision. However I was fortunate enough
to receive one of 1 assume several dozens of flyers that were passed out that expressed
the concerns of this proposed development. And probably there will be more issues
covered in the next document after this but I will go ahead and express my concerns. I
have the pleasure of getting caught behind a Fred Meyer triple tractor trailer rig yesterday
that must have been lost. Missed the tum off at Eagle to get on 1-84 and continue down
Overland and that section of the road is in, not the best condition. I thought for a few
minutes that the tractor trailer rig was going to go someplace else other than west on
Overland to Meridian -and I assume onto the freeway. But if definitely held up traffic, I was
probably only minutes behind a school bus because I could still see kids walking away
from Overland. I assume there would be times that if this proposed facility was built there
would be other drivers that are not familiar with the area that venture past this area. And
quite possibly would go into a subdivision and turn around and find their way back out.
I have been behind tractor trailer rigs before in our subdivision during' and housing
construction it is still ongoing and it is not pleasant. However I have been told day after
day that soon coming to an end. Another concern is access (End of Tape) also with
increased traffic congestion I have been behind tractor trailer rigs before at 6:30 in the
morning accessing 1-84 from the Eagle on ramp and it is very difficult to get on the freeway
when you are behind such a vehicle that can only travel may 20 to 30 miles top speed
when it hits the freeway might be 40 yet, you are trying to access traffic. With a proposed
shopping mall at that southeast comer of that on ramp that is only going to add to the
congestion. But I think my main point is sure we can do a quick fix to Overland Road, tum
it into a four lane super highway or whatever and accommodate these vehicles. That still
isn't going to solve the problem. It is going to be a traffic hazard, there are more and more
kids in that area that whole square mile between Overland, Eagle, Locust Grove and
Victory is proposed'for development. There are going to be that many more kids in the
.area and potentially more problems. All I can say is I have beennear one of these
facilities in Pendelton, Oregon on the same Interstate, 1-84 and I was really quite glad to
see where the location of the facility is. It is about ten miles west of town it is near no
development, they obviously have their own off ramp, maybe it coincides with farmers in
the area, that is probably the perfect place for such a development. That is all I have to
say.
Johnson: Thank you, next.
Nicole Garduno, 1386 East Peacock, was swom by the City Attorney.
Garduno: I just want to get on the record that I too am opposed to this. My main concern
is the safety, I am the mother of two. My kids often like to go to the Playground which they
are, from my understanding they are going to expand and have a whole bunch more like
bumper boats and other things there. They like to go there in the summertime, ride their
Meridian Planning & Zoning Commission
October 10, 1995
Page 31
bikes and we happen to be our subdivision is the downcline, a gentlemen had mentioned
earlier and I cannot see those trucks stopping that fast for a child on his bike or a child
walking to the playground. That is my main concern is the safety, the safety of our kids and
we have a lot of kids in Sportsman Point that just love to go down there and it is only going
to get worse with the number of homes being built. So I want to go on record of saying
safety issues are my main concern.
Johnson: Thank you, anyone else like to come forward?
Mark Wilson, 1004 E. Shepherd Street, was sworn by the City Attorney.
Wilson: I would just like to echo the same objections that the other homeowners in the
Sportsman and the other surrounding developments .have. I spend' 24 years in the Air
Force and I have run similar facilities in aircraft maintenance and I am here to tell you that
they will generate a lot of hazardous waste if we don't have an oil water separator at least
and the sewer system will be contaminated for years to come. So, that is all I have to say.
Johnson: Thank you.
Karen Frisch, 1622 South Goldsmith Avenue, was sworn by the City Attorney.
Frisch: I would just like to say, there is one more subdivision that this would affect, Hunts
Bluff. I live right on Overland and Goldsmith so I am right there. I have two small children,
3 and 5, and I just I am opposed that they would put such a thing in this area that is
supposed to be for families. We built our house here a year and a half ago, I didn't realize
this would happen. I really don't want it to happen.
Johnson: Thank you, is there anyone else that would like to come before the Commission?
Seeing no one then I will close this public hearing at this time. I should reopen the hearing
and ask if the developer at this time would like any time for rebuttal, it is not necessary it
is strictly up to you. Okay, thank you, I will close the public hearing then. What is your
pleasure? This is for the annexation and zoning so it would take findings of fact.
Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law for this project.
Rountree: Second
Johnson: Moved 'and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
Meridian Planning & Zoning Commission
October 10, 1995
Page 32
MOTION CARRIED: All Yea
Johnson: At this time before we take a break the City Attorney will explain to you what we
are doing at this stage for those of you that aren't used to coming to these meetings.
Crookston: What we do now is prepare findings of fact and conclusions of law, many of
you have been here tonight when the Commission already acted on some findings. Those
applicants had a hearing similar to this, they will be presented by the Commission at the
next Planning and Zoning meeting which is November 14th. If the Commission desires to
adopt those findings, it then would go to the City Council, there will be another public
hearing, you may present additional testimony, it can be entirely new evidence, it can be
whatever you want. It is a total new hearing that is before the City Council. The City
Council"then either adopts the Planning and Zoning findings of fact and conclusions of law
or if new testimony is presented they will ask to have new findings. It is ultimately the Cit
Council's decision as to whether or not,this is annexed and zoned. There are also is
another hearing tonight for their conditional use. The same thing would happen to that
conditional use. However, a conditional use permit in a commercial -zone does not
necessarily have to have another public hearing. Only if it were in a residential zone is a
public hearing required before the City Council. So after the Commission adopts their
findings of fact they are available to the public.
U FIVE MINUTE RECESS
ITEM #1.5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
TRUCK/TRAILER SALES FACILITY BY BILL HOWELL:
Johnson: This is a public hearing you can incorporate the testimony obviously from 14 but
if anybody wishes to speak again they may do so. I would just request that you not be
redundant. At this time I will open the public hearing and invite Mr. Howell to speak or his
representative.
Bill Howell,. 10455 Jay Road, Boise, was sworn by the City Attorney.
u Johnson: Does the Commission have any questions of Mr. Howell at all regarding the
conditional use part of the application?
Crookston: If you are going to incorporate the testimony from the annexation and zoning
hearing you need to make a motion to do that.
Johnson: We will do that before we close this public hearing. Thank you, does anyone
have any questions at all at this time? Do you have any statements to make?
I
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt,
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live '
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
October 6, 1995
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Annexation & Zoning of 28.49 Acres to C -G)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. The legal description submitted with this application for annexation and zoning appears to
describe the subject parcel,, however it needs to be revised so that the northerly boundary
is the northerly boundary of Interstate 84 rather than the centerline. Magic View Estates
Subdivision, a County Subdivision, lies north of the Interstate. The parcels on either side
of the subject parcel were annexed as part of the annexation for St. Luke's West. Those
descriptions included.all of the adjacent Interstate.
TRANANEX.P&Z
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S.STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 "FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
Planning & Zoning Commission, Mayor and Council
an L. tiles, Planning & Zoning. Administrator
October 6, 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and Service Facility by Bill Howell
Details of the landscaping plan.are needed for review and approval. Four- to six -foot -
high berms should be -included along Overland Road to reduce impact of headlight glare
on adjacent residential property. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500 square feet of pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road are both
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
Within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely be required
by ACHD.
3. AThe proposed realigned subdivision boundary would require a plat to be prepared, as
these are not platted lots.
4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations.
b. Applicant's representative has stated this facility will be an 8:00 a.m. to 5:00 p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
P&Z Commission, Mayor and Council
October 6, 1995
Page 2
7. Illumination shall be designed to not cause glare or adversely impact neighboring
residential uses and freeway traffic:
8. A development agreement is required as a condition of annexation. It would be
preferable to have a detailed list of conditions in lieu of a development agreement.
ORIGINAL
BEFORE THE PLANNING AND ZONING COMMISSION
BILL HOWELL
ANNEXATION AND ZONING AND CONDITIONAL USE
SOUTH OF I-84 AND EAST OF LOCUST GROVE
A PORTION OF THE SE 1/4 OF THE-Nif 1/4 OF SECTION 17 T.3N R.1E.
BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and' zoning application having
come on for consideration on October 10, 1995, at the Meridian City
Hall, 33 East Idaho Street,° Meridian, Idaho, at the hour of 7:30
o'clock p.m., the Petitioners representative, Kristina Donner,
appearing, and the Planning -and Zoning Commission having heard and
taken oral and written testimony, and having duly considered the
matter, the Planning and Zoning Commission makes the following:
„ FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
public hearing scheduled for October 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 10, 1995
hearing, the Applicant's representative, Kristina Donner, appearing
in person, that the public having been given full opportunity to
express
comments and submit
evidence;
and that
copies of all
notices
being available to
newspaper,
radio
and television
stations, the Planning and Zoning Commission hereby takes action on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1
the Findings of Fact and Conclusions of Law.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 28.49 acres in size; that on the 20 acre parcel, the
Applicant proposes a facility to sell and service Freightline
trucks; that the remainder 8.49 acres would be for a future body
shop and repair center.
3. That the property is presently zoned by Ada County as R -T
(Rural Transition); that the Application requests that the property
be zoned General Retail and Service Commercial (C -G) and Applicant
has requested a conditional use permit to allow for the sales and
service of trucks/trailers; that the Application is incorporated
herein as if set forth in full.
4. Adjacent to this development is the I-84 Interstate
freeway and Overland Road; that the major arterials of Eagle Road
and Locust Grove Road are nearby; that to the west is the
Playground RV Park -and driving range; that to the east is the
future expansion of this development of the 8.49 acres; that across
the Interstate to the north is Magic View Subdivision; to the north
and east across the Interstate is the Jackson's Travel Center,
currently under construction; that across Eagle Road to the east of
Jackson's Travel Center is the proposed St. Luke's Medical campus,
currently under construction.
5. That the property is adjacent and abutting to the present.
City limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE -2
6. That Bill Howell, is the Applicant; that the owner, Par
3, an Idaho General Partnership, Richard M. Phillips, General
Partner, has consented to the application and has requested this
annexation, zoning and conditional use and the application is not
at the request of the City of Meridian.
7. That the Applicant's annexation and zoning application
stated that the present use of the land is agricultural, that the
proposed use is industrial, that the proposed district is C -G,
General Retail and Service Commercial,, that the proposal is
compatible with other industrial facilities' adjacent to the
project, and that the property would be harmonious with adjacent
developments; the annexation and zoning Application also states,
"The` proposed zoning amendment relates to ,the Meridian
Comprehensive Plan in that it will be adhering to the mixed plan
usage of the Plan, and being close to the interstate is in an area
that is intended for industrial use.
8. That Ms. Donner testified that there will be a facility
to sell and service Freightliner trucks, on the 20 acre parcel; that
the future parcel, consisting of the 8.49 acres, will be for a kbody
shop and repair center, to be constructed in a phase II
development; that sewer is of concern because it is only on the
north side
of the Interstate;
that
they
would
work in conjunction
with other
developers to bring
the
sewer
to the
south and share the
cost; that if sewer is not available when they would like to open,
they have discussed this with the Central District Health
Department and they would propose to put in a septic system and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3
utilize that until they could bring the sewer in; that they plan to
extend the water lines 600 feet to get water to the site. She also
stated that they had concerns over the statement of.Shari Stiles
about requiring four to six foot berms along the front of Overland
and they are a little bit concerned about trucks having site
distance problems and that none of the other properties along
Overland used for industrial uses were required to have berms.
In response to a question by Commissioner Rountree about the
lines on a map being topographical lines and the map showing a
raised platform the length of the lot that would perch the trucks
up above the elevation lines shown on the map, Miss Donner
indicated that that was what it showed. She also stated in
response to a question, that the Playground driving range was right
next door to this property to the west.
9. That the Applicant, Bill Howell, testified to clear up
some gaps left by the earlier testimony of Ms. Donner; that the
elevation of the display area along I-84 is believed to be an 8
foot elevation from grade; that the display will be of all new
vehicles; that the proposed fleet maintenance shop is primarily a
full service facility and the phase II plan within the 20.00 acres
will be for a body/paint shop; that the 8.49 remaining acres will
not be used,by the Applicant's company; that it is simply going to
be marketed; that the anticipated daily. trips of the full size road
tractors and trailers, ranging up to and including 53 foot, could
possibly figure to be 75 to 100 per day; that the operating hours
are 7:00 a.m. to currently 12:00 p.m. and that general maintenance
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 4
is the activity going on at 12:00 at night in the shop areas; that
the anticipated maximum employees will probably be 60; that the
Applicant foresees as a great eventuality, full service leases.
10. There were several property owners in the immediate area'
who testified at the October 10, 1995, hearing about., the
Application; the .testimony can be summarized as follows:
1. Kevin Merritt, acting as President of the Meridian
Greens Subdivision of approximately 225+ homes,
wanted to go on record as totally opposing this
Annexation.°for several reasons. That the proposed
location for the transport truck and trailer
service sales and service facility is not
appropriate in keeping with the present planned use
of -the adjoining and local property; that based on
the traffic volume, and traffic safety issue, this
proposed development is not compatible.
2. Roy Harada testified that he also is in truck sales
with a different dealership; he points out that
contractually, freightliner requires all dealers to
be open 24 hours; that the traffic flow is, going to,
be significantly higher than what Mr. Howell
represented, and be well over 150 to 200 vehicles a
day in and out; and that developments of this type
are typically noisy, smelly and are open extremely
long hours; that the freightliner class 7 trucks,
which are medium duty trucks to a class 8 truck,
grossing in excess of 100,000 pounds, are your
typical trucks, along with Cumins, Caterpillar, all
of the miscellaneous service shops bringing, parts
in as well as Federal Express trucks; that another
concern regarding the excessive traffic might well
be the mechanic needing to check out the trucks
after'servicing to use Overland Road, turn right,
hit the Interstate, turn right again, hit Eagle
Road, making a circle, thus adding to the safety
factor of the kids in the nearby subdivisions.
3. Becky Bowcutt, of Briggs Engineering, testified
that on behalf of her client G. L. Voigt
Construction, whose property just south of this
parcel was approved for approximately 290 R-4
designation lots; that Ms. Bowcutt requests that
the City of Meridian evaluate the landscaping that
is being proposed by the Applicant and that a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5
landscaping plan be submitted by the Applicant and
an evaluation be done regarding the berming and the
screening at the entrances at I-84 and along the
interstate'.
4. That Lou Lois testified that he affirms the
opposition from the President of Meridian Greens
Subdivision with regard to the safety and noise;
that he believes that this type of operation is not
one that would stop at midnight but be more a 24
hour operation; that the paint shop and' of
hazardous materials so close to residential areas
was also a concern of Mr. Lois'.
5. That_teth Markland testified that she also is in
opposition to this proposed annexation for the same
reasons previously stated, specifically the traffic
concern, the possibility of these trucks hauling
hazardous materials and the noise.
6. Neda Hagner testified that she too wishes to add
her `concerns regarding the traffic congestion on
Overland already being frightening and the safety
of children and grandchildren; that having these
monster trucks on Overland is like putting up
barriers to enjoyment of their homes.
7. Ron Thomas testified that his major concern is the
ground septic system and the Ada County Health
District allowing such a thing to be built; that
the traffic is bad now and would only get worse.
8. That Rick Reever testified that 'he lives in
Sportsman Point Subdivision and his concerns lie
with the traffic situation and the access to the on
ramp at I-84; that with the proposed shopping mall
at the .southeast corner of the on ramp at Eagle
Road, this will only add to the congestion and
potentially more safety problems for the kids in
just the square mile between Overland, Eagle,
Locust Grove and Victory.
9. Nicole Garduno testified at the hearing voicing her
opposition to the proposed annexation and zoning
mainly for the safety issues.
10. That Mark Wilson testified, echoing objections with
regard to the hazardous waste that this project
will potentially generate and the possibilities of
contamination of the sewer system years done the
road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6
11. Karen Frisch, from Hunts Bluff Subdivision,
testified that her subdivision likewise will be
affected; that she also is opposed to this proposed
annexation.
11. There was no. other testimony regarding the annexation and
zoning -given.
12. That testimony regarding annexation and zoning was
incorporated -into the record of the Conditional Use Permit
Application; that Mr. Kevin Merritt also testified, reiterating his
statements he made on the annexation and zoning; that Stewart
Edwards testified that the noise of this plant would be quite an
impact of the trailer park next door; that the roads, in his
judgment, will not hold up under.the kind.of traffic and the rigs
that will be generated, especially on Overland Road.
13. That the Assistant to the City Engineer, Bruce
Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian
City.- Police and Fire 'Departments, Central District Health
Department, and Nampa & Meridian Irrigation District, submitted
comments; that those comments are submitted herein "by this
reference and are hereby incorporated herein as if set forth in
full.
14. That Assistant to the City Engineer, Bruce Freckleton,
commented that the legal description submitted with the Annexation'
and Zoning application needs to be revised so that the northerly
boundary is the northerly boundary of Interstate 84 rather than the
centerline; -that he commented in the application for annexatiom and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7'
zoning for the property in the
northeast quadrant of the,
intersection of Overland Road and Eagle Road, the Power Mall, which -
comments are equally applicable to this Application, that any
existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605 M; that any existing domestic wells and/or septic systems with
this ,project shall be removed from their domestic service per City
Ordinance, except for wells may be used for non-domestic purposes
such as landscape irrigation; that off-street parking, paving and
striping', drainage plan, outside lighting, and all signage shall be
in accordance with City- Ordinances; that a profile of the
subsurface soil conditions shall be submitted 'to determine the
seasonal high groundwater elevation and that water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model; and that. specific site comments
were the following:
a. That the Public Works Department shall be provided with
information on anticipated fire flow and domestic water
requirements for the proposed site, as this is critical for
determining the water serviceability for this proposal;
b. That at this time this site is not serviceable by the
Meridian City Water System or by the Meridian City Sanitary -
Sewer System; that the Applicant will be required to construct
12 inch . diameter water mains from the City's current points of
terminus in Overland Rd. to and through the proposed site;
C. That assessment fees for water and sewer service are
determined during the building plan review process, in
I ddition, 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.
15. That Shari Stiles, Planning & Zoning Administrator,,
submitted comments; that details of the landscaping plan are needed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 8-
for review and approval; that four to six-foot high berms should be
included along Overland Road to reduce the impact of headlight
glare on adjacent residential property; that City Ordinance
requires a minimum of one (1) three-inch caliper tree per 1,500
square feet of pavement, however this requirement is unrealistic
for this development, however careful planning of landscaping is
required and must be approved prior to obtaining building permits;
that I-84, and Overland Road are both designated as entrance.
corridors in the Comprehensive Plan and therefore require a 35 -foot
minimum landscape setback; that perimeter and internal landscaping
is also required; that five-foot (5' ) sidewalks ,shall be installed;
that the proposed realigned subdivision boundary would require a
plat to be prepared, as these are not platted lots; that any
existing irrigation or drainage ditches crossing -the property shall
be tiled per, City Ordinance; that a drain ditch currently exists
along the eastern property boundary which need to be tiled; that a
Certificate of Occupancy is required prior to opening and that
occupancy would be contingent upon meeting all zoning, building
code, 'public works, Fire Department and agency regulations; that
the possibility lies in that overnight repair work will be needed
which would require this facility to be open longer in which case
the Applicant may need to provide soundproofing of the
service/maintenance shop to avoid disturbing the residential areas;
that illumination shall be designed to not cause glare or adversely
impact neighboring residential uses and freeway traffic; that a
Development Agreement is required as a condition of annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW— HOWELL PAGE - 9
that it would be preferable ,to have a detailed list of conditions
in lieu of a development agreement.
16. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be` annexed is
presently included within. the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and is in the Eastern Industrial Review
Area.
18. That the property may be able to be physically serviced
with City water, if applicant extends the lines; that the ability
to provide sewer service to the property is unknown at this time
and the City Engineer did not submit comments regarding providing
sewer service to the property.
19. That Meridian, has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision lots
and other uses.
20. That the following pertinent statements ar`e made in the
Meridian Comprehensive Plan and are specifically applicable to this
'Application:
1. Under LAND USE
Comprehensive Plan May, Page 22
The land use delineations depicted in the
Comprehensive Land Use Map are not precise, but
rather the Comprehensive Land Use Map represents a
long-range vision of community development in
generalized areas. The map represents a
FINDINGS OF FACT AND CONCLUSIONS OF LAW --HOWELL PAGE - 10
compilation of input and ideas expressed by
citizens, community groups and local leaders.
LAND USE GOAL STATEMENT, Page 23
1.10U Promote the design of attractive roadway
~entryway areas into Meridian which will
clearly identify the community.
,1.11U Protect citizen investments in existing
Public facilities, (water, sewer,
streets, fire, police) by: encouraging
controlled growth through city planning
reviews and development agreements.
INDUSTRIAL POLICIES, Page 24
3.3 Access to industrial areas from collector and
local streets will be discouraged.
3.4 :Industrial uses adjacent to residential areas
should not create noise., odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent_to existing industrial uses.
Easter -Eagle Road Liaht Industrial Review Area,
Page 25
3.14 'The character, site improvements and type of
light industrial developments should be harmonized
with the residential uses in this area.
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements. _
2. Under TRANSPORTATION, Page 43
Existing Conditions
Overland Road, East of Linder, is listed as a Minor
arterial. I ,
3. UnderCOMMUNITY DESIGN
Entryway Corridors, Page 72
3 Entryway corridors are arterial roadways
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 11
entering the community that introduce both visitors
and residents to Meridian. City -designated gateway
arterials include the following streets:
a. I-84 (East and West entrances),
f. Eagle Road (North and South entrances)`
g. Overland Road (East and West entrances)
Entryway corridors are a community's front
door. It is acknowledged that the corridor's trees
(or lack "thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.
Therefore, the entire community and, most
specifically its governing bodies, have the right
and the responsibility to guide the development and
redevelopment that occurs along entryway corridors.
Entrance Corridors Goal Statement, Page 73
Promote, encourage, develop and maintain
aesthetically -pleasing entrances to the City of
Meridian. T
Neighborhood Identify Goal Policies, Page 74
6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
21. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planned Use Development Area.
22. That the requested zoning of General Retail and Service
Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 12
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."
23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial', lists commercial, uses allowed in the various zoning
districts of the City; that planned commercial developments, are an
allowed use in the C -G district.
24. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity'for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required,, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A, development .not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses."
and a Planned Commercial Development is defined as follows:
"Any development in which the principal use of land is for
commercial purposes."
25. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13
"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.";
that the City of Meridian is concerned with the increase in
population that -is occurring and with its impact on the City being
able to provide fire, police, emergency healthcare, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that ;the�City.knows that the increase in
population, and the housing for that population.- does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation" services;" and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the industrial
and commercial developments do provide taxes for providing fire,
police, emergency health care, water, sewer, parks and recreational
services for people that are here`, and which will come here.
26. That pursuant to the instruction, guidance, and direction
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14
of the citizens of the City of Meridian.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestr"ian easement shall be at least ten feet (101)
wide."
28. 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."
29. That Section' 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
30. That Section 11-9-605 R states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. -Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
-1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
r
FINDINGS OF FACT AND CONCLUSIONS OF LAW- HOWELL PAGE - 15
5. To enhance local'identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
x` 31. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle -Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
f 32. 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.
33. That 11-5-607 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:
1. A. development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
34. That 11-9-607 E, of the Subdivision Ordinance, states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
the Section. A PD shall be governed by the regulations of the
district or districts in which said PD is located. The
approval of the' Final Development Plan for a PD may Iprovide
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 16
v
i
i
for such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives 'of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this Section."
35.: That 11-9-607 F, of the Subdivision Ordinance, states in
F
part as follows:
&' 1. Planned Developments - Planned developments shall be
subject to requirements set forth in'the Zoning Ordinance
and also subject to all provisions within this Ordinance.
f 8. Financial Guarantees - The -developer shall post financial
guarantees for all approved on-site improvements if
required pursuant to 9-606 C."
36. The Applicant submitted an Application and materials and
documentation for a conditional use permit for a truck/trailer
Y
sales and service facility; that such Application, materials and
documentation on the conditional use are, incorporated+herein by
this reference as if set forth in full; that the Applicant
submitted materials on the conditional use request and did
reference how the truck/trailer sales and service facility would be
operated; there were comments from the public which pertained to
b
the annexation and zoning and to the conditional use permit, and
such are incorporated'herein as if set forth in full for purposes
of the application for the conditional use permit.
37. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
t
Council were given,and.followed.
CONCLUSIONS
t A. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
r FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B: That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the -City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the,.City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F. That 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.
G. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation 'of the City of Meridian.
H. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18
upon the annexation of land. Burt vs: The City of Idaho Falls, 105
Idaho' 65, 665 P.D 1075 "(1983) .
I. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
t
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways.
J. That this Application has been difficult for the
Commission to decide because of opposition to the Applications,
which could dictate that the Application be denied,. and because of
the Meridian Comprehensive Plan which shows the -'land as being in an
area shown as a Mixed/Planned Development Area, which could dictate
that the Application be approved; that the Commission -understands
z
the objections and sympathizes with them on an individual basis and
understands the Comprehensive Plan's direction for development of
the area; that the duty of the Commission, however, is not to be
controlled by the interestsrsof individual property owners and their
concerns; but also the'Comprehensive Plan is just that, a plan and
not a controlling ordinance; that this statement that the
comprehensive plan is not controlling is supported by Balzer v.
Kootenai County Bd of Commis, 110 Idaho 37, 714 P.2d 6 (1986) ,
stating that. Section 67-6511, Idaho Code, does not require a_zoning
ordinance-, s" land use designations, -to be in strict conformance with
the corresponding land use designation of the comprehensive plan,
Ferguson v. Board of County Comm'rs,-110 Idaho 785, 718 P'.2d 1223
(1986), holding that the decision of the County Commissioners to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19
rezone property as commercial, even though it was contrary to the
existing comprehensive plan, was supported by substantial evidence
and was not clearly erroneous, and Bone v. City of Lewiston,' 107
Idaho 844, 693 P.2d 1046 (1984), stating that a land use, map is not
the comprehensive plan, but only a subpart of one of 12 components
referred to in Section 67.-6508, which go into the making of a plan.
R. That the duty of the Commission is to assess the
applications on the basis of the overall good of the City and its
citizens; that it is with this duty and background that the
Commission has undertaken to make these Findings and Conclusions.
L. That the Applicant has stated in its Applications, and in
its presentation to the Commission at the public hearing, that its
proposed use of 'the property will be an industrial use; that the
type and location of the industrial use proposed by the Applicant
is not in compliance with the Comprehensive Plan, since the Plan
states that industrial development should be encouraged to locate
adjacent to existing industrial uses, and there are no industrial
uses adjacent to Applicant's site.
The use is also not in conformance with the Plan since the
Plan states that the character, site improvements and type of light
industrial developments should be harmonized with the residential
rases in the area; that the Applicant did not present any evidence
as to how its truck operation would be harmonized with the
residential developments in the area; also it would be very
difficult to harmonize truck traffic, noise, and pollution with the
many residential neighbors -in the area. The Plan also states that
f
FINDINGS OF FACT AND CONCLUSIONS OF"LAW - HOWELL PAGE - 20
industrial uses adjacent to residential areas should not create
noise, odor, air pollution, and visual pollution greater than
levels normally associated with surrounding residential activities;
it is likely, and probable, that the noise, odor, air pollution,
and visual pollution levels produced by a number of Freightliner
trucks would be substantially greater than that created by a
residential -subdivision.
The Plan also states that land uses within the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; it is judicially noticed that trucks of
the nature that Applicant proposes to sell and service are not
clean or quiet and that the exhaust they produce is considered to
be hazardous or objectionable.
M. That if the property was annexed and zoned, as a
condition of annexation and the zoning of C -G, the Applicant would
be required to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D; that the development agreement would
address, among other things, the following:
1. Inclusion into the development, including but not limited
to, the requirements of 11-9-605:
a.
C,
Pedestrian Walkways.
b.
G
1, Planting Strips.
C.
H,
Public Sites and Open Spaces.
d.
K.
Lineal Open Space Corridors.
e.
1,
Pedestrian and Bike Path Ways.
f.
M,
Piping of Ditches
and 11-9-606:
a. Bicycle Pathways.
b. Storm drainage.
C. 'Sidewalks and Pedestrian Walkways.
FINDINGS OF FACT AND CONCLUSIONS-OFLAW - HOWELL PAGE - 21
k
d. Greenbelt.
e. Pressurized Irrigation.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors, or personal- representatives, of any.
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by its
representative during the public hearing.
3. Addressing access linkage, screening, and buffering.
4. An impact fee, or fees, for park, police, and fire
services as determined by the city.
5.s Appropriate berming and landscaping.
6. Submission and approval of -any required plats.
7. Submission and approval of individual buildings,
drainage, lighting, parking, and other development plans
' under the Planned`Development guidelines.
{
B. Harmonizing and integrating the site improvements with,
the existing residential development..
9. Establishing a 35 foot landscaped setback as suggested
under the Comprehensive Plan and landscaping the same.
} 10. Addressing the comments of the Planning Director.
11. The sewer and water requirements.
e
12. Agreeing that the Meridian Comprehensive Plan is
applicable to the land and any development.
13.' Traffic plans and access into and out of the development.
14. Meeting the representations made as part of the
application and hearing process.
15. And any other items deemed necessary by the'City Staff,
including' design review of all development, and
#' conditional use processing as required under the Meridian
Comprehensive Plan.
p. N. That Section 11-2-417 D of the Meridian Zoning Ordinance
states that, if annexed, a development agreement should be recorded
:r
f in the office of -the Ada County Recorder, and take effect upon the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 22
a
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. That it has been
the experience of the City that development agreements are
difficult to °enter into prior to the annexation ordinance being
passed;that it is concluded that the development agreement shall
be entered into prior -the final plat being approved and prior to
issuance of any building permits, if the property was annexed.
O. That it is concluded that the annexing and zoning of the
property is not in the,best interests of the City of Meridian and
an annexation and zoning ordinance should not be enacted.
P. That regarding the conditional use permit applied for, it
is concluded, that since the Commission has concluded that the
annexation and zoning is not in the best interests of the City,
there is no useful purpose in making conclusions for the
conditional use permit
Q. That if the property was annexed and zoned, the
requirements of the Meridian City Engineer's office, Meridian Fire
Department, Central District Health Department, and the Nampa &
Meridian Irrigation District, would have to be met and addressed in
a development agreement.
R. That if annexed, all ditches, canals, and waterways would ,
.have to be tiled as a condition of annexation and if not so tiled,
the property would be subject to de -annexation.
S. That the Applicant would be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property would be
`' FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement.
T. That if annexed the Applicant would be required to meet
the requirements of the Ada County Highway District
U. That. if annexed, these conditions would run with the land
and bind the applicant and his assigns.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED -ET�)
'CHAIRMAN JOHNSON (,TIE BREAKER) VOTED
DECISION
The Planning and Zoning Commission of the City of Meridian
hereby. recommends to the Meridian City Council that the property
set forth in the application not be annexed and zoned and therefore
no conditional use permit be granted.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24
C010
CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
DISTRICT Environmental Health Division
HEALTH'
DEPARTMENT
Rezone #
Conditional Use #
Preliminary / Final / Short Plat
Return to:
❑ Boise
❑ Eagle
❑ Garden city
=Meridian
❑ Kuna
❑ ACZ
❑
I.
We have No Objections to this Proposal. D E C 1995
❑
2.
We recommend Denial of this Proposal.
❑
3.
Specific knowledge nas to the exact type of use must be provided before we can comment on this Proposal.
❑
4.
We will require more data concerning soil conditions on this Proposal before we can comment.
S.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water
❑ solid lava from original grade
❑
6.
We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
❑
7.
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑
8.
After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑
9.
The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑
10.
Street Runoff is not to create a mosquito breeding problem.
❑
IL
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑
12.
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑
13
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑
14.
We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
15.
El beverage establishment El grocery store
.�
Date:
WC i2EGQMMd--N-Q C4nlrfcC�ta�s i"U A4&.R4D(ArJ Reviewed By: T--
1TM Se W E2 -1 I'm FIE65ASL
11!1
Review Sheet
UND 10/91 «h, rev. 1/95
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Perks Supt.
SHARI S. STILES, P & 2 Adm.
KENNETH W. BOWERS,"Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
F
A Good Place to Live.
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208] 888.4433 a FAX (208) 887-4813
Public WorksBuili ing Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
'RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 32 COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER,
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg; City Clerk by. October 3. 1995
TRANSMITTAL DATE: 9/18195 HEARING DATE: 10/10/95
REQUEST: Annexation/zonin of 28.49 acres to Commercial General C -G
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT:_ South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
—BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PLIM & FINAL PLAT)
BUREAU OF REC ! T, N(PRELIM & FINAL PLAT)
CITY FILES�?
OTHER: -
YOUR CONCISE REMARKS:
SEP 2 S 199-0
CITU' OF MI RIDIAN
CP,
ENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
DISTRICT Environmental Health Division
''HEALTH
DEPARTMENT
Rezone #
Conditional Use #
Preliminary / Final /.Short Plat
Return to:
❑ Boise
❑ Eagle
❑ Garden city
Meridian
❑ Kuna
,,❑ Acz
❑
I. We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
5. Before we can comment concerning individual sewage disposal; we will require more data concerning the depth of:
high seasonalr ground water
❑ solid lava from original grade
a
❑' ` 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
❑ 7. This project shall be reviewed by the Idaho Department of~Water Resources concerning well construction and
water availability.
❑ 8. After written approval'from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ 'sewage dry lines ❑ central water
❑ 10. Street Runoff is not to create a mosquito breeding problem. r
❑'
11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
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 installed to 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
CDHD 10191 rcb, rev. 1/95
Date: 7 / rr's / ✓ D
Reviewed By:
Review S et
`
HUB OF TREASURE VALLEY
- MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
OFFICIALS
ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z
COUNCIL MEMBERS
WILLIAM G. BERG, Jr., City Clerk
A Good Place to Live
-
RONALD R.A
MAX YERRINGTOINGTON
JANICE L GASS, City Treasurer
GARY 0. SMITH, P.E. City Engineer
SETTLERS IRRIGATION DISTRICT. '
ROBERT D. CORRIE
BRUCE D. STUART, Water Works upt.
CITY OF MERIDA
U.S. WEST(PRELIM & FINAL PLAT)
WALT W. MORROW
JOHN T.3HAWCROFT, Waste Water Supt.
WATER DEPARTMENT
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
P & Z COMMISSION
DENNIS J. SUMMERS, Parks Supt.
33 EAST IDAHO
OTHER:
JIM JOHNSON, Chairman
SHARI S. STILES, P 6 Z Adm.
KENNETH W. BOWERS, Piro
"BILL"
MERIDIAN, + IDAHO 83642
Fr.Y S
p.® , r `�
� ,d� �
MOE ALIOJANI
JIM SHEARER
W. L GORDON, Police Chief
Phone (208) 888-4433 a FAX (208) 8974813
'j' "'` "
CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney
Public WorlWBuild1 n8 Department (208) 887-2211
TIM HEPPER
Nampa &"Mar;d;an Irrigation District
OCTMawr
GRANT P. KINGSFORD
CIi-�iE�'�;s�IAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Annexationizofiing of 28.49 acres to Commercial General (C -G `
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT:_ South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
- MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z
ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
TIM HEPPER, P2
CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR
=NAMPA MERIDIAN IRRIGATION DISTRICT
-RONALD TOLSMA,- C/C
SETTLERS IRRIGATION DISTRICT. '
BOB CORRIE, CIC
IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
MAX YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
WATER DEPARTMENT
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
Z. SEWER DEPARTMENT
CITY FILES
"BUILDING' DEPARTMENT
OTHER:
FIRE DEPARTMENT
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
POLICE DEPARTMENT
District has no comment on the annexation zoning
-" CITY ATTORNEY
request by Bill Howell.
CITY ENGINEER
,
CITY PLANNER..���¢..,,�
B;11 Henson Assistant Water Superintendent
—_
Nampa &"Mar;d;an Irrigation District
October 9, 1995
To: CITY OF MERIDIAN PLANNING AND ZONING COMMI=
Meridian City Hall
33 East Idaho Street
Meridian, Idaho 83642
From: MERIDIAN GREENS HOMEOWNERS ASSOCIATION
Post Office Box 301
Meridian, Idaho 83680
Subject: Transport Truck and Trailers, Inc. (Bill Howell) request for Annexation and Rezoning, and a
Conditional Use Permit
The Meridian Greens Homeowners Association (225+ homes with more to be added) requests to go on
record as totally opposed to this subject application for the following reasons.
The proposed location for a Transport Truck and Trailer Sales and Service facility is not appropriate or in
keeping with the present or planned use of the adjoining and local area property for the following reasons:
• Overland Road, presently at two lanes and in the planned near future three lanes, is not designed for
this type of use. ° .
• The traffic intersection at either Eagle/Overland or Meridian/Overland is not designed or presently
planned for this type of use based on traffic volume and traffic safety issues. Private cars, school
buses, and commercial vendors enter, and leave the several subdivisions along Overland between
Meridian Road and Eagle Road. There is also considerable traffic from Locust Grove entering
Overland
• Already existing developments around that area must use Overland for a means of egress and access.
Additional traffic signals would be necessary.
• The increased noise level brought about by the increased highway type truck traffic on Overland Road
will be a major annoyance and problem for all the residents in this area.
• The type of tall standard lighting which will be required for this type of facility is not compatible with
the planned R-4 zoning south of Overland Road.
• The 24-hour per day service which goes with this type of business is not compatible with any of the
present or proposed future use of the property along Overland Road (Meridian to Eagle).
Most of the points listed above will definitely incur an increase in tax dollars for the residents of Meridian. It
could also lower the property value of the homes in the area thereby decreasing the tax dollars coming in to the
city of Meridian.
For the above stated"r9asons the Meridian Greens Homeowners Association strongly feels this a�lication should
be denied
Kevin Merritt, President
MF.RIDLAN GREENS HOMEOWNERS ASSOCIATION
y
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995
APPLICANT: BILL HOWELL ITEM NUMBER; 17
{
REQUEST; PUBLIC HEARING:• REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCK/TRAILER
SALES AND SERVICE FACILITY,
AGENCY
COMMENTS
CITY CLERK:
MINUTES FROM 10-10-95 P'& Z MEETING'
CITY ENGINEER:
SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
"REVIEWED"
CITY FIRE DEPT:
SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION;,
SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US, WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: SEWER DEPARTMENT
SEE ATTACHED COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
I
Meridian Planning & Zoning Commission
October 10, 1995
Page 32
MOTION CARRIED, All Yea
Johnson: At this time before we take a break the City Attorney will explain to you what we
are doing at this stage for those of you that aren't used to coming to these meetings.
Crookston: What we do now is prepare findings of fact'and-conclusions of law, many of
you have been here tonight when theCommission already acted on some findings. Those
applicants had a hearing similar to this, they will be presented by the Commission at the
next Planning and Zoning meeting which is November 14th. If the Commission desires to
adopt those findings, it then would go to the City Council, there will be another public
hearing, you may present additional testimony, it can be entirely new evidence, it can be
whatever you want. It is a total new hearing that is before the City Council. The City
Council then either adopts the Planning and Zoning findings of fact and conclusions of law
or if new testimony is presented they will ask to have new findings. It is ultimately the Cit
Council's decision as to whether 'or not -this is annexed and zoned. There,are also is
another hearing tonight for their conditional use. The same thing would happen to that
conditional. use. However, a conditional use permit in a commercial zone does not
necessarily have to have another public hearing. Only if it were in a residential zone is a
public hearing required before the City Council. So after the Commission adopts their
findings of fact they are available to the public.
h
FIVE MINUTE RECESS
ITEM #15: PUBLIC'HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
TRUCKITRAILER SALES FACILITY BY BILL HOWELL:
Johnson: This is a public hearing you can incorporate the testimony obviously from 14 but
if anybody wishes to speak again they may do so. I would just request that you not be
redundant. At this time I will open the public hearing -and invite .Mr. Howell to speak or his
representative.
Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney.
Johnson: Does the Commissionhave any questions of Mr. Howell at all regarding the
conditional use part of the application? a
Crookston: If you are "going to incorporate the testimony from the annexation and zoning
hearing you need to make a motion to do that.
this ublic hearing. Thank -you, does anyone
Johnson: We will do that beforc o
V we se p
have any questions' at all at this time? Do you have any statements to make?
Meridian Planning & Zoning Commission
October 10, 1995
Page 34
Rountree: So moved
Hopper: Second
Johnson: It is moved and seconded that all of the testimony presented by the public and
the applicant and his representative be incorporated into, given under item #14 the
request for annexation and zoning be incorporated also into the conditional use permit
request item #15, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: At this time then =I will close the public hearing.
Rountree: Mr. Chairman, I move we have findings of fact and conclusions prepared on this
item.
Shearer: Second
Johnson: We have a motion and a second to prepare findings of fact and conclusions of
law on the conditional use permit requested by Mr. Bill Howell, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #16: JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY
LOCATED AT 1095 E FRANKLIN ROAD:
Johnson: Is Mr. Amyx here and would like to talk to the Commission? We kind of got an
idea of what you have got, we have your map and things. We probably need it explained
the best you can.
Amyx: Basically what has happened is I bought two pieces of property I sold one and Ada
County, I wanted to sell a little more ground to them to do (inaudible) anyhow I wanted to
sell them enough land to cover the well. [started going through all the right channels and
doing everything and Ada County says you can't do that. I said, why can't I do this, the
house was built and sold separate property in 1964. That was before they had any zoning
or anything to do anything with` it. He said yes but you bought the piece of ground next to
it. Then when you bought the piece of ground next to it and when you bought the piece
of ground next to it due to an obscure law they became one piece of property. What
happened is they didn't rule 'on the fact that what the law, they just ruledon the fact of
what they had done was legal. They didn't say that is a bad situation and we see where
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY'
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
MEMORANDUM:
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
COUNCIL MEMBERS
RONALD A. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
October 6, 1995
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Conditional Use Permit for Truck/Trailer Sales & Service Facility)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
GENERAL COMMENTS:
1. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the'Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with Section 11-2414°of the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
4.' Paving and striping shall be in accordance with the standards set forth in Sections
11-2-414.D.4 and 11-2-414.D.5 of the `City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted for all off-street parking areas and shall be approved by the City
Engineer (Ord. 557, 10-1-91).
6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in accordance with City Ordinance Section • 11-2-414. D. 3.
POWERCTR.P&Z
c�
Mayor and Council
March 30, 1995
Page 2
7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance.
8. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist.
9. a ` Water service to this development is contingent, upon positive results from a hydraulic
analysis by our computer model.
♦ SITE SPECIFIC COMMENTS:
1. Please provide the Public Works Department with information on anticipated fire flow and
domestic water requirements for the proposed -site. This information is very critical for
determining the water serviceability of this proposal.
2. At this' time the proposed site is not serviceable by the Meridian City Water System.
Applicant will be required to construct 12 inch diameter water mains from the City's
currentpoints of terminus in Overland Rd. (approx. 1,8001F west) to and through the
proposed site.
3. At this time the proposed site is not serviceable by the Meridian City Sanitary -Sewer
System. Sanitary Sewer service to this site could `be via the future south spur of the Five
Mile Trunk Sewer main currently under construction for the St. Luke's West Medical
Center.
4. Assessment fees "for water and sewer service are determined during the building plan
review process. 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.
POWERCTRT&Z
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor"
KENNETH W. BOWERS, Fire Chief
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
Planning & Zoning Commission, Mayor and Council
'Sham les; Planning g & Zoning Administrator
October 6, 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and Service Facility by Bill Howell
Details of the landscaping plan are needed for review and approval. Four- to six -foot -
high berms should be included along Overland Road to reduce impact of headlight glare
on adjacent residential property. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500 square feet of -pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road areboth
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely be required
by ACRD.
3. The proposed realigned subdivision boundary would require a plat to be prepared, as
these are not platted lots.
4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations.
6. Applicant's representative has stated this facility, will be an 8:00 a.m. to 5:00 p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
C
P&Z Commission, Mayor and Council
October 6, 1995
Page 2
7. Illumination shall be designed to not cause glare or adversely impact neighboring
residential uses and freeway traffic.
S. A development agreement is required as a condition of annexation. It would be
preferable to have a detailed list of conditions in lieu of a development agreement.
BEFORE THE PLANNING AND ZONING COMMISSION
F
BILL HOWELL
ANNEXATION AND ZONING AND CONDITIONAL USE
0 -
SOUTH OF I-84 AND EAST OF LOCUST GROVE
A PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 17_T.3N R.1E.
BOISE MERIDIAN, ADA COUNTY STATE OF IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on October 10, 1995, at the Meridian City
Hall, 33 .East, Idaho Street, Meridian, Idaho, at the hour of 7:30
o'clock p.m., the Petitioners representative, Kristina Donner,
appearing, and the Planning -and Zoning Commission having heard and
taken ,oral and written testimony, and having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
.zoning was published for two ( 2 ) consecutive weeks prior to the
public hearing, scheduled for yOctober 10, 1995, the first
publication of which was fifteen (15), days prior to said hearing;
that the matter was duly considered at the October 10, 1995
hearing, the Applicant' s,representative, Kristina Donner, appearing
in person, that the public having been given full opportunity to
express,, comments and submit evidence; and that copies of all
notices being,.available to newspaper, radio and television
stations, the Planning and Zoning Commission hereby takes action on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1
the Findings of Fact and Conclusions of Law.
2'. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 28.49 acres in size; that on the 20 acre parcel, the
Applicant proposes a facility to sell and service Freightline
trucks; that the remainder 8.49 acres would be for a future body
shop and repair center.
3. That the property is presently zoned by Ada County as R -T
(Rural Transition); that the Application requests that the property
be zoned General Retail and Service Commercial (C -G) and Applicant
has requested.a conditional use permit to allow, for the sales,and
service of trucks/trailers; that the Application is incorporated
herein as if set forth in full.
4. Adjacent to this development is the I-84 Interstate
freeway and Overland Road; that the major arterials of Eagle Road
and Locust Grove Road are nearby; that to the.' west is the
Playground RV Park and driving range; that to the east is the
future expansion of this development of the 8.49 acres; that across
the Interstate to the north is Magic View Subdivision; to the -'north
and east across the Interstate is the Jackson's Travel Center,
currently under construction; that across Eagle Road to the east of
Jackson's Travel Center is the proposed St. Luke's Medical campus,
currently under construction.
5. That the property is adjacent and abutting to the present
City limits.
FINDINGS OF FACT AND'CONCLUSIONS OF LAW -'HOWELL PAGE - 2
6. That Bill Howell, is•the Applicant; that the owner, Par
3, an Idaho, General Partnership, Richard M. Phillips, General
Partner, has., consented to the application and has requeste& this
annexation, zoning and conditional use and the application is not
at --the request of the City of Meridian. -
7.1 That the Applicant's annexation and zoning application
stated that the present use of:the land is agricultural, that the
proposed use is industrial, that the proposed district is C -G,
General Retail and Service Commercial, that the proposal is
compatible with other industrial facilities,. - adjacent to the
project, and that the property would be harmonious with adjacent
developments; the annexation and zoning Application .,also states,
"The proposed zoning amendment relates to the Meridian
Comprehensive Plan in that it will be adhering to the mixed plan
usage of the Plan, and,being close to the interstate is in an area
that is intended for industrial use."
8. That Ms. Donner testified that there will be a facility
to sell and service Freightliner trucks on the 20 acre parcel; that
the future parcel, consisting of the 8.49 acres, will be for a body
shop and repair center, to be constructed in a phase II
development;, that sewer is of concern because it is only on the
north side of the Interstate; that they would work in conjunction
with other developers to bring the sewer to the south and share the
cost; that if sewer is not available when they would like,to open,
they have discussed this with the Central District Health
Department and they would propose to put in a septic system and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3
utilize that until they could bring the sewer in; that they plan to
extend the water .lines 60.0 feet to get water to the site. She also
stated that they had concerns over the statement of Shari Stiles
about requiring four ,to six foot berms along the front of Overland
and they are a little bit concerned about. trucks having` site
distance problems and that none of the other properties along
Overland used for industrial uses were required to have berms.
In response to a question by Commissioner Rountree about the
lines on a map being topographical lines and the map showing a
raised platform the length of the lot that would perch the trucks
up above ,the 'elevation lines shown on the map, Miss Donner
indicated that' that was what it showed. She also stated in
response to a question, that the Playground driving range was right
next door to this property to the west.
19. That the Applicant, Bill Howell, testified to clear up
some gaps left by the earlier testimony of Ms. Donner; that the
elevation of the display area along I-84 is believed to be an 8
foot elevation from,'grade; that the display will be" of all new
vehicles; -that the proposed fleet maintenance shop is primarily a
full service facility and the phase II plan within the 20.00 acres
will be for a'body/paint shop; that the 8.49 remaining acres will
not.be used by the Applicant's company; that it is.simply-going to
be marketed; that the anticipated daily, trips of the full size road
tractors and trailers, ranging up to and.including 53 foot, could
possibly figure to be 75 to,100 per day; that the operating hours
are 7:00 a.m. to currently 12:00 p.m. and that general maintenance
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 4
is the activity going -on at 12:00 at night in the shop areas; that
the anticipated maximum employees will probably be 60; that the
Applicant foresees as a great eventuality, full service leases.
10. There were several property owners in the immediate area
who testified at the October 10, 1995, hearing about the
Application; the testimony can be summarized as follows:
1. Kevin Merritt, acting as President of the Meridian
Greens Subdivision of approximately 225+ homes,
wanted to go on record as totally opposing this
Annexation for several reasons. That the proposed
location for the "transport truck and trailer
service sales and service facility is not
appropriate in keeping with the present planned ube
of the adjoining and local property; that based on
the traffic volume, and traffic safety issue, this
proposed development is not compatible.
2. Roy Harada testified that he also is in truck sales
with a different dealership; he points out that
contractually, freightliner requires all dealers to
be open 24 hours; that the traffic flow is going to
be significantly higher than what Mr. Howell
represented, and be well over 150 to 200 vehicles a
day in and out; and that developments of this type
are typically noisy, smelly and are -open extremely
long hours; that the freightliner class 7 trucks,.
which are medium duty trucks to a class 8 truck,
grossing in excess of 100,000 pounds, are your
typical trucks, along with Cumins, Caterpillar, all
of the miscellaneous service shops bringing parts
in as well as Federal Express trucks; that another
concern regarding the excessive traffic might well
be the mechanic needing to check out the trucks
after servicing to use Overland Road, turn right,
hit the Interstate, turn right again, hit Eagle
Road, making a circle, thus adding to the safety R
factor of the kids in the nearby subdivisions.
3. Becky Bowcutt, of Briggs Engineering, testified
that on behalf of her client G. L. Voigt
Construction, whose property just south of this
parcel was approved for approximately 290 R-4
designation lots; that Ms. Bowcutt requests that
the City of Meridian evaluate the landscaping that
is being proposed by the Applicant and that a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5
landscaping plan be submitted by the Applicant and
an evaluation be done regarding the berming and the
screening at the entrances at I-84, and along the
interstate.
A. That Lou Lois testified that he affirms the
,opposition from the President of Meridian Greens
Subdivision with regard to the safety and noise;
that he believes that this type of operation is not
one that would stop at midnight but be more a 24
hour operation; that the paint shop and of
hazardous materials so close to residential areas
was also a concern of Mr. Lois'.
5. That Beth Markland testified that she also is in
opposition to this proposed annexation for the same
reasons previously stated, specifically the traffic
concern, the possibility of these trucks hauling
hazardous materials and the noise.
6. Neda Hagner testified that she too wishes to add
her concerns regarding the traffic congestion on
Overland already being frightening and the safety
of children and grandchildren; that having these
monster trucks on Overland is like putting up
barriers to enjoyment of their homes.
7. Ron Thomas testified that his major concern is the
ground septic system and the Ada County Health
District allowing such a thing to be built; that
the traffic is bad now and would only get worse.
8. That Rick Reever testified that he lives in
Sportsman Point Subdivision and his concerns lie
with the traffic situation and the access to the on
ramp at I -84; -that with the proposed shopping mall
at the southeast corner of the on ramp at Eagle
Road, this will only add to the congestion and
potentially more safety problems for the kids in
just the square mile between Overland, Eagle,
Locust Grove and Victory.
9. Nicole Garduno testified at the hearing voicing her
opposition to the proposed annexation and zoning
mainly for the safety issues.
10. That Mark Wilson testified, echoing objections with
regard to the hazardous waste that this project
will potentially generate and the possibilities of
contamination of the sewer system years done the
road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6
11. Karen Frisch, from Hunts Bluff Subdivision,
testified that her subdivision likewise will be
affected that she also is opposed to this proposed
annexation.
11. There was no other testimony regarding the annexation and
zoning given.
I
12. That testimony regarding annexation and zoning was
incorporated into the record of the Conditional Use Permit
Application; that Mr. Kevin Merritt also testified, reiterating his
statements he made on the annexation and zoning; that Stewart
Edwards testified that the noise of this plant would be quite an
impact of
the
trailer
park next door;
that the roads,
in
his
judgment,
will
hot hold
up under the kind
of traffic. and
the
rigs
that will be generated, especially on Overland.Road.
13. That the Assistant to the City Engineer, Bruce
Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian
City Police and Fire Departments, Central District Health
Department, and Nampa & Meridian Irrigation District, submitted
comments; that those comments are submitted. herein by this
reference and are hereby incorporated herein as if set forth in
full.
14. That Assistant to the City Engineer, Bruce Freckleton,
commented that the legal description submitted with the Annexationf
and Zoning application needs to be revised so that the northerly
boundary '°is the northerly boundary of .Interstate 84 rather than the
centerline; that he commented in the application for annexation and
FINDINGS OF FACT AND`CONCLUSIONS OF LAW --HOWELL PAGE - 7
zoning for the property in the northeast quadrant of the
n intersection of Overland Road and Eagle Road, the Power Mall, which
comments are- equally applicable to this Application, that any
existing irrigation/drainage ditches crossing the property to be
included in this project, shall be,tiled per City Ordinance 11-9-
605 M;,that any existing domestic wells and/or septic systems with
this project shall be removed from their domestic service per City
Ordinance, except for wells may be used for non-domestic purposes
such as landscape irrigation; that off-street parking, paving and
striping, drainage plan, outside lighting, and all signage shall be
in accordance with City Ordinances; that a profile of the
subsurface soil conditions shall be submitted to determine the
seasonal high groundwater elevation and that water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model; and that specific site comments
were the following:
a.• That the Public Works Department shall be provided with
information on anticipated fire flow and domestic water
requirements for the proposed site, as this is critical for.
determining the water serviceability for this proposal;
b. That at this time this site is not serviceable by the
Meridian City Water System or by the Meridian City Sanitary
Sewer System; that the Applicant will be required to construct
12 inch diameter water mains from the City's current points of
terminus in Overland Rd. to,and through the proposed site;
C. That assessment fees for water and sewer service are
determined during the building plan review process, in
addition, 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.
15. That 'Shari Stiles, Planning & Zoning Administrator,
submitted comments; that details of the landscaping plan are needed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 8
t ,
for review and approval; that four to six-foot high berms should be
included along Overland Road to reduce the impact of headlight
glare on adjacent: residential property; that City Ordinance
requires a minimum of one (1) three-inch caliper tree per 1,500
square feet of pavement, however this requirement is unrealistic
for this development, however careful planning of landscaping is
required and must be approved prior to obtaining building permits;
that I-84 and Overland Road are both designated as entrance
corridors in the Comprehensive Plan and therefore require a 35 -foot
minimum landscape setback; that perimeter and internal landscaping
is also required; that five-foot (51) sidewalks shall be installed;
that the proposed realigned subdivision boundary would require a
plat to be prepared', as these are not platted lots; that any
existing irrigation or drainage ditches crossing the property shall
be tiled per City Ordinance; that a drain ditch currently exists
along the eastern property boundary which need to be tiled; that a
Certificate of Occupancy is required prior to opening and that
occupancy would be contingent upon meeting all zoning, building
code, public works, Fire Department and agency regulations; that
the possibility lies in that overnight repair work will be needed
which would require this facility to be open longer in which case
the Applicant may need to provide soundproofing of the
service/maintenance shop to avoid disturbing the residential areas;
that illumination shall be designed to not cause glare or adversely
impact neighboring residential uses and freeway traffic; that a
Development Agreement is required as a condition of annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9
that it would be preferable to have•a detailed list of conditions
in lieu of a development agreement.
16. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban.Service Planning Area is defined in„the-
Meridian Comprehensive Plan and is in the Eastern Industrial Review
Area.
18: .0 That the property may be able to be physically serviced
with,City water, if applicant extends the lines; that the ability,
to provide sewer,service to the property is unknown at this time 3
and the City Engineer did not submit comments regarding providing
sewer service to the property.
19. `That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision lots
and other uses.
20. That the following pertinent statements are made in the
'Meridian Comprehensive Plan and are specifically applicable to this
Application :
1. Under LAND USE
Comprehensive Plan May, Page 22
The land use' delineations depicted in the
'Comprehensive Land Use Map are not precise, but
rather the Comprehensive Land Use Map represents a
long-range vision of community development in
generalized areas•. The map represents a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL 'PAGE - 10'
compilation of input and ideas expressed by
citizens, community groups and local leaders.
LAND USE GOAL STATEMENT, Page 23
1.10U, Promote the design of attractive roadway
entryway areas into Meridian which will
clearly identify the community.
1.11U Protect citizen investments in existing
public facilities, (water, sewer,
streets, fire, police) by encouraging
controlled growth through city planning
reviews and development agreements.
INDUSTRIAL POLICIES, Page 24
3.3 Access to industrial areas from collector and
local streets will be°discouraged.
3:4 Industrial uses adjacent to residential areas
should not create noise, odor, air pollution, ,and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing°industrial uses.
Easter -Eagle Road Liaht Industrial Review Area,
Page 25
3.14 The character, site improvements and type of
light industrial developments should be harmonized
with the residential uses in this area.
3.16U Land uses within the Eastern Light Industrial
Review area must be' clean, quiet, and free of
hazardous or objectionable elements.
2. Under TRANSPORTATION, Page 43
Existing.Conditions
Overland.Road, East of Linder, is listed as a Minor
arterial*
3. Under COMMUNITY DESIGN
Entryway Corridors, Page 72
Entryway corridors are arterial roadways
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 11
entering the community thatiintroduce'both visitors
and residents to Meridian. City -designated gateway
arterials include the following streets.:
a. I-84 (East and West entrances)
f. Eagle Road (North and South entrances)
g. Overland Road (East and West entrances)
Entryway corridors are a community's front
door. It is acknowledged that the corridor's trees
(or lack thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.-
Therefore,
ommunity -
Therefore, the entire community and, most
specifically its governing bodies, have the right
and the responsibility to guide the development and
redevelopment that occurs along entryway corridors.
Entrance Corridors Goal Statement, Page 73
Promote, encourage, develop and maintain
aesthetically -pleasing entrances to the City of
Meridian.
Neighborhood Identify Goal Policies, Page 74
6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
21. ,That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planned Use Development Area.
22. That the requested zoning of General Retail and Service
Commercial, (C -G) is defined id the Zoning Ordinance at 11-2-408 B.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - NOWELL PAGE - 12
streets; to fulfill the need of travel -related services as
y 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."
23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial', lists commercial uses allowed in the various zoning
districts of the City;, that planned commercial developments, are an
allowedusein the C -G district.
24. That Planned Development is defined in 11-2-403 B, at
page 20 of .the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single"entity for a
number ofs uses; in .combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services public or
private recreation facilities, institutional uses, community
facilities or a PD which includes a -mix of residential,
commercial or industrial uses.",
and a Planned Commercial Development is defined as follows:
"Any development in which the principal use. of land is for
commercial purposes."
25. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE -.13
"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.";
that the, City of Meridian is concerned with the increase in
population that is occurring andi with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the, City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows- that the increase in
population does` not provide sufficient tax base to provide for
school services to current and future students; that the industrial
and commercial developments do provide taxes for providing fire,
police, emergency health care, water, sewer, parks and recreational
services for people that are here, and which will come here.
26.. That pursuant to, the instruction, guidance, and direction
of the Jdaho 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14
of the citizens of'the City of Meridian.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (101)
wide.
28. 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
(201) wide, and shall not be a part of the normal street right
of way or utility easement."
29. That'Section I1-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community=
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
30. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man=made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
I. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
x natural value, especially waterways, drainages and
natural habitat; -
4. To buffer more intensive adjacent -urban land uses;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15
4
5. To enhance local identificat3.ion within the area due to
the internal linkages; and
6. To link residential neighborhoods,. park areas and
recreation facilities."
31. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an"alternate transportation system
(which is distinct and separate from the automobile) can,be
provided throughout the City Urban Service Planning Area. The,
Commission and Council.,shall-consider the Bicycle -Pedestrian
Design Manual for Ada County, (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
32. That Section I1-9-605 L states, in part, as follows:
All irrigation ditches, laterals or' canals, exclusive of
r 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.
„33. 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:
1. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses.
34. That 11-9-607 E, of the Subdivision Ordinance, states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
the Section. A PD shall be governed by the regulations of the
district or districts in which said PD is located. The
approval of the Final Development Plan for a PD may provide
FINDINGS OF FACT AND, CONCLUSIONS OF LAW - HOWELL PAGE - 16
for 'such exceptions from the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this Section."
35. That 11-9-607 F, of the Subdivision Ordinance, states in
part as follows:
1. Planned Developments - Planned developments shall be
subject. to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
8. Financial Guarantees- The developer shall post financial
guarantees for all approved on-site improvements if
required pursuant to 9-606 C."
36. The Applicant submitted`an Application and materials and
documentation fora conditional use permit for: a truck/trailer
sales and service facility; that such Application,.. materials and
documentation on the conditional use are incorporated herein by
this reference kas if set forth in full; that the Applicant
submitted materials on the conditional use request and did
reference how the truck/trailer sales and service facility would be
operated; there were comments from the public which pertained to
the annexation and zoning and to the conditional use permit, and
.such are incorporated herein as if set forth in full for purposes
}
of the application for the conditional use permit.
37. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
A. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
FINDINGS OF FACT AND CONCLUSIONS'OF LAW - HOWELL PAGE - 17
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City.of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied,with.
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F. That 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.
G. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation of the City of Meridian.
H. That since the annexation and zoning of land. is a
legislative function, the City has authority to place conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18
upon the annexation of land. Burt vs'. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
I. That the development of'annexed land must meet and comply
with the Ordinances of the City' of Meridian and in particular
Section 11-9-616, which,pertain6 to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
ofditches and waterways.
J. That this Application has been difficult for the
Commission to decide because of opposition to the Applications,
which could dictate that the Application be denied, and because of
the Meridian Comprehensive Plan which shows the land as being in an
area shown as a Mixed/Planned Development Area, which could dictate
that the Application be approved; that the Commission understands
the objections and sympathizes with them on an individual basis and
understands the Comprehensive Plan's direction for.development of
the -.area; that the duty of the Commission, however, is not to be
controlled by the interests of individual property owners and their
concerns,. but also the Comprehensive Plan is just that, a plan and
not a controlling ordinance; that this statement that the
comprehensive -plan is not controlling, is supported by 'Balzer v.
Kootenai County Bd 'of Commis, 110 Idaho 37, 714 P.2d 6 (1986) ,
stating that Section 67-6511, Idaho Code, does not require a zoning
ordinance's land.use designations to be in strict conformance with
the corresponding land use designation of the comprehensive plan,
Ferguson v. Board of County Commis, 110 Idaho 785, 718 P.2d 1223
(1986), holding that the decision of the County Commissioners to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19
0
rezone property as commercial, even though it was contrary to the
existing comprehensive plan, was supported by substantial evidence
and was not clearly. erroneous, and Bone v. City of Lewiston, 107
Idaho 844, 693 P.2d 1046 (1984 )., stating that a land use map is not
the comprehensive plan, but only a subpart of one of 12 components
referred to in Section 6.7-6508, which go into the making of a plan.
K. That the duty of the Commission is to assess the
applications on the basis of the overall good of the City and its
citizens; that it is with this duty and background that the
Commission has undertaken to make these Findings and Conclusions.
L. That the Applicant has stated in its Applications, and in
its presentation to the Commission at the public hearing, that its
proposed use of the property will be an industrial use; that the
type and location of the industrial use proposed by the Applicant
is not in compliance with the Comprehensive Plan, since the Plan
states that industrial development should be encouraged to locate
adjacent to existing industrial uses, and there are no industrial
uses adjacent to Applicant's site.
The use is also not in conformance with the Plan since the
Plan states that the character, site improvements and type of light
industrial developments should be harmonized with the residential
uses in the area; that the Applicant`did not present any evidence
as to how, its truck operation would be harmonized with the
residential developments in the area; also it would be very
difficult to harmonize truck traffic, noise, and pollution with the
many residential neighbors in the area. The Plan also states that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 20
industrial uses adjacent to residential areas -should not create
noise, odor, air pollution, and` visual pollution greater than
levels normally associated with surrounding residential activities;
it is likely, and probable, that the noise, odor, air pollution,
and visual pollution levels produced by a number of Freightliner
trucks would be substantially greater than that created by a
residential subdivision.
The Plan also states that land uses within the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; it is judicially noticed that trucks of
the nature that Applicant proposes to sell and service are not
clean or quiet and that the exhaust they produce is considered to
be hazardous or objectionable.
M. That if the property was annexed and zoned, as,a
condition of annexation and the zoning of C -G, the Applicant would
be required to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D; that the development agreement would
address, among other things, the following:
1. Inclusion into the development, including but not limited
to, the requirements of 11-9-605:
a.
C,
Pedestrian Walkways.
b.
G
1, Planting Strips.
C.
H,
Public Sites and Open Spaces.
d.
K,
Lineal Open Space Corridors.
e.
L,
Pedestrian and Bike Path Ways.
f.
M,
Piping of Ditches
and 11-9-606:
a. Bicycle Pathways.
b. Storm drainage.
C. Sidewalks and Pedestrian Walkways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21
d. Greenbelt.
e. Pressurized Irrigation.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fees, adopted by the
City,' as agreed to by the Applicant in statements by its
representative during the public hearing.
3. Addressing access linkage, screening, and buffering.
4. An impact fee, or fees, for park, police, and fire
services as determined by the city.
5., Appropriate berming and landscaping.
6. Submission and approval of,any required plats.
7. Submission and approval of individual buildings,
drainage, lighting, parking, and other development plans
under the Planned Development guidelines.
8. Harmonizing and integrating the site improvements with
the existing residential development.
9. Establishing a 35 foot landscaped setback as suggested
'under the Comprehensive Plan and landscaping the same.
10. Addressing the comments of the Planning Director.
11. The sewer and water requirements.
12. Agreeing that the Meridian Comprehensive Plan is -
applicable to the land and any development.
13. Traffic plans and access into and out of" the development.
d
14. Meeting the representations made as part of the
application and hearing process.
15. And any other items'deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
N. That Section 11=2-417 D of the Meridian Zoning ordinance
states that, if annexed, a development agreement should be recorded
in the office of the Ada County Recorder and take effect upon the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 22
prior if agreed to by the owner of the parcel. That it has been
b.
the experience of the City that development agreements are
difficult to enter into prior to the annexation ordinance being
passed; that it is concluded that the development agreement shall
be entered into prior the final plat being approved and prior to
issuance of any building permits, if the property was annexed.
O. That it is concluded that the annexing and zoning of the
property isnot in the best interests of the City of Meridian and
an annexation and zoning ordinance should not'be enacted.
P. That regarding the conditional use permit applied for, it
is concluded, that since the Commission has concluded that the
annexation and zoning is not in the best interests of the City,
there is no useful purpose in making conclusions for the
conditional use permit
Q.i That if the property was annexed and zoned, the
requirements of the Meridian City Engineer's office, Meridian Fire
Department, Central`�District Health Department, and the Nampa &
Meridian Irrigation District, would have to be met and addressed in
a development agreement.
R. That if annexed, all ditches, canals, and waterways would
have to be tiled.as a condition of annexation and if not so tiled,
the property would be subject to de -annexation.
S. That the Applicant would be ,:required to connect to
Meridian water and sewer, and resolve how the water and sewer mains
h
will serve the land; that the development of the property would be
subject to and controlled by the Subdivision and Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23
Ordinance and the development agreement.
T. That if annexed the Applicant would be required to meet
the requirements of the'Ada'County Highway District
`U. That if annexed, these conditions would run with the land
and bind the applicant and his assigns.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED .
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION
The Planning and Zoning Commission of the City of Meridian
hereby recommends to the 'Meridian City Council that the property
set forth in the application not be annexed and zoned and therefore
no conditional use permit be ..granted.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24
OFFICIALS
WILLIAM G. BERG. Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 3 Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Ptace to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83M2
Phone (209) 898-4433 a FAX (208) 887.4813
Public Works/Buikling Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIEROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES. FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To'insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 31995
TRANSMITTAL DATE:_ 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/traiier sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTOR C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PREUM & FINAL PLAT)
BUREAU OF REC TI /N(P LIM & FINAL PLAT)
CITY FILES
OTHER: -
YOUR CONCISE RE K
SEP 2 5 1995
aTY OF MUM-
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by October 3 1995
TRANSMITTAL DATE: 9/18195 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit fol• a truck/trailer sales and service facili
ly
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locusf Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
JIM SHEARER, PIZ
CHARLES ROUNTREE, PIZ
TIM HEPPER, P/Z
GRANTKINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE,'C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C ..
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
-CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO -(PRELIM & FINAL PLAT)' -
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
M F - r ALL i4 REAS Lam, LL /ll fD n
S
HUB OF TREASURE VALLEY
OFFICIALS
COUNCILMEMBERS
WILLIAM G. BERG, Jr., city Clerk
A Good Place to Live
RONALD R. TOLSMA
JANlCEL
MAX YERRINGTON
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
CITY OF 1VIERIDIAN
WALT T ROBERT D. R
MORROW
JOHN T. SHAWCROFT, Waste Water Supt.DEN
P b Z COMMISSION
N
SHAR IS J. SIMM ERS, Parka Supt.
STILES, Pr!ZAdm.
33 EAST IDAHO
JIM JOHNSON, Chairman
KENNETH
KENNETTH W. BOWERS, Fire Chief
MERIDIAN ,IDAHO 83642
MOEALIDJANI
W. L. "BILL" GORDON. Police Chief
Phone (208) $$$-4433 a FAX (208) 8874813
JIM SHEARER
CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-2211
TIM HEPPER
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by October 3 1995
TRANSMITTAL DATE: 9/18195 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit fol• a truck/trailer sales and service facili
ly
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locusf Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
JIM SHEARER, PIZ
CHARLES ROUNTREE, PIZ
TIM HEPPER, P/Z
GRANTKINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE,'C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C ..
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
-CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO -(PRELIM & FINAL PLAT)' -
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
M F - r ALL i4 REAS Lam, LL /ll fD n
S
JAMES E. BRUCE, PresidenT
SHERRY R. HUBER, Vice PresiaenT
SUSAN S. EASTLAKE, Secretary
TO: Bill Howell. Transport Truck and Trailers
OCT 2 5 1995
CITY W1•� L
October 6. 1995
c/o P.O. Box 15324
Boise ID 83715
FROM:. Karen GallX"
Development Services Division
SUBJECT: MCU-19-95/MA-3-95 Overland e/o Locust Grove
Truck/trailer sales & services
Your application for the above referenced project was acted on by the Commissioners of the Ada
County Highway District on October 4, 1995: The attached staff report lists conditions of
approval and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
John Ednev
Chuck Rinaldi
Meridian City Hall
ada county highway district
313 East 37th • Boise, Idaho 83714-6499 . Phone (208) 345-7680
k
N
ADA %,.OUNTY HIGHWAY DIS i RICT
Development Services Division
Development Application Report
MCU-19-95/MA-3-95 Overland e/o Locust Grove Truck/trailer sales & service
The applicant is requesting annexation approval with rezone from RT to CG and conditional
use approval for a truck and trailer sales and service facility. The 28.49 -acre site is, located on
the north side, of Overland Road approximately 1/4 -mile to 1/2 mile east of Locust Grove
Road. This development is estimated to generate less than 1,000 additional vehicle trips per
day (depending upon the -ultimate use"of the undeveloped. portion of the project).
Roads impacted by this development:
Overland Road - Minor arterial with no pathway, designation
- Traffic count 7,046 on 7-12-95
ACHD Commission Date - October 4, 1995 - 12:00 p.m.
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Facts and,Findings:
A. General Information
RT - Existing zoning
CG - Proposed zoning
28.49 - Acres
21,600 - Square feet of proposed sales & service building (approx)
31,200 - Square feet of proposed maintenance shop (approx)
286 - Traffic Analysis Zone JAZ)
West Ada - Impact Fee Benefit Zone
Western Cities - Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation
Traffic count 7,046 on 7-12-95
803 -feet of frontage
50 -feet existing right-of-way (25 -feet -from centerline)
90 -feet required right-of-way (45 -feet from centerline)
Overland Road is improved with 28 -feet of pavement with no curb, gutter or sidewalk.
B. Plans for the improvement of Overland Road from Eagle Road to Meridian Road have been
completed and are "on the shelf" awaiting funding for construction. This segment of Overland Road
has been the subject of much residential development on the south side of Overland Road during the
past three years since the completion of the improvement plans. More than .700 -lots have been
approved as preliminary plats or are in the application review process within.the square mile directly
south across Overland Road from this parcel.
C. The subject property is currently used for agricultural purposes. The site plan indicates that this is a
parcel split off from an original agricultural parceland a separate parcel includes the original farm
residence.
D. Access to site is proposed to be provided by three driveways. The eastern most driveway is located
approximately 3,310 -feet west of Eagle Road and 570 -feet west of the new property line. The center
driveway is located 3,623 -feet west of Eagle Road and 885 -feet west of the new property line. The
western driveway is located 3,870 -feet west from Eagle Road and 1,130 -feet west of the new property
line.
South of Overland Road and directly across from this proposal is the site of a previously approved
preliminary plat (Sundance Subdivision) including 291 -lots, accessing Overland Road by means of
two proposed public roadways. These roadways are located 3,290 -feet and 3,990 -feet, respectively,
west of Eagle Road. The western roadway (shown on the preliminary Plat as "Red Cloud Way") will
interfere with the operation of the western driveway, since they are only separated by 120 -feet.
District policy requires a minimum separation of 150 -feet from a collector intersection for a right-
in/right-out driveway and 220 -feet for a full access driveway. Therefore staff recommends that the
applicant be required to revise the site plan to change the location of the proposed driveway to meet
District standards. (Submitted on September 29, 1995 - see attached).
E. District policy allows a total of three driveways on Overland Road for the entire parcel (including
future development).
MCU 1995.WPD
Page 2
V
Standard Requirements;
A request for modification, variance or waiver of any requirement or policy outlined herein shall be
made in writing to the Development Services Supervisor. The request shall specifically identify each
requirement to be reconsidered and include a written explanation of why such a requirement would
result in a substantial hardship or inequity.
Requests received prior to the date scheduled for Commission action shall be rescheduled for
discussion with the Commission`on the next available meeting agenda.
A request for an appeal of the Cornihission's action shall be made in writing to the Development
Services Supervisor within 15 calendar days of the action and shall include a minimum fee of
$110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after
receipt. The request for appeal shall specifically identify each requirement to be reconsidered and
include a written explanation of why such a retiirement would result in a substantial hardship or
inequity.,
3. A right-of-way permit must be obtained from ACHD for any street or utility construction within the
public right-of-way. Utility cuts should be combined where practical to limit pavement damage.
Utility street cuts in roads paved within `the last five years will not be allowed unless approved by the
District Commission. Contact Construction Services at 345-7667 (with file number) for details.
4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to
issuance of building permit (or other required permits). The proposed drainage system shall retain all
storm water on-site and shall conform to the requirements of the City of Meridian.
Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are
not being shared with the adjacent property.
6. Continue existing irrigation and drainage systems across parcel.
7. Continue borrow`ditch drainage abutting parcel (culvert may be required).
8. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff
into their system.
9. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage
ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations
shall be obtained from the appropriate entity. If determined by the District, existingirrigation
facilities may remain in the right-of-way with District review and approval of easements recorded for
future relocation at a later date.
10. Locate proposed sign(s) out of the public right -of --way and out of the clear -vision sight -triangle of all
street and driveway intersections.
11. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction
higher than 36 -inches above the top of pavement will be allowed, including landscaping, berths,
fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline
of any collector 350 -feet; and the short leg measured down the centerline from the collector street
curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions.
12. Submit three sets of street construction plans to the District for review and appropriate action.
MCU 1995. WPD
Page 4
AltRuCENTRAL
Iff r♦* DISTRICT
o -.HEALTH
DEPARTMENT
CENTKAL DISTRICT HEALTH DEPARTI`IENT
Environmental Health Division ` Return tos
N +�s r,"": ._�.. , ❑Boise
Rezone #
Conditional Use #`�`/�
Preliminary / Final / Short Plat.
❑ !. We have No Objections to this Proposal.'
❑ Eagle
❑ Garden city,
Meridian
ir:/ w,
❑ Kuna
❑ ACZ
❑ 2. We recommend Denial of this Proposal. -
❑ 3. 'Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
4. We`will require more data concerning soil conditions on this Proposal before we can comment.
L- 5. Before we can comment concerning individual sewage disposal; we will require more data concerning the depth of:
.moi . high seasonal groundwater
❑ solid lavi from original grade
❑ 6. We can Approvethis"Proposal for individual sewage disposal to be located above solid lava layers:
❑ .2 feet - k
❑ 4 feet
❑
7.
This project shall be"reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ .
8. a.
After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system. ❑ community water well
[]'interim sewage ❑ central water
❑ individual sewage ' ❑ individual water'
9.
The following plan(s) must be submitted to and approved by"the,Idaho Department of Health & Welfare,
'Division of, Environmental Quality.-
uality:❑
Elcentral❑ community, sewage system ❑ community water
,sewage
❑ sewage dry lines ❑ central water J
10.
Street Runoff is not to create a -mosquito breeding problem.
❑
I I . `
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater`Protection
❑
12.
This Department would recommend deferral until high seasonal ground water can be determined if other -
considerations indicate approval. ;.
13.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations. =
14.
We will require plans be submitted for a plan review for any:
❑ food establishment EJ swimming pools or spas ❑ child care `center .. "
15.
❑ beverage establishment ❑grocery store
X j'E-Wi4z E .r1/%` J '% L -C !�i ii✓El� �i=",-a , �s ���"'i=ec � Date-` � � �e.175
S1 Z" " �t7//t Gam, Reviewed By:
l_V cc:
te- XS
szl
/fes
�-a1�ir✓•r,�rc hjk�z=�c�; �1�?:-r.. is" �7T�"=�1 �. ;�
Review Sheet
fDHD 10!91 rcb, rev. 1/9S
"i
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer'
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Perks Supt.
SHARI S. STILES, P & 2 Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
A Good Place to Live
RONALD R. TOLSMA
MAX YERRiNGTON
ROBERT 0. CORRfECITY
OF MERIDIAN
WALTW. MORROW
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-433 a FAX (208) 8874813 REIC"i 77 --CHARLIE
Public Works/Building Department (208) 887-2211 k 4 C, _ _
P A 2 COMMISSION
JIMJOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
ROUNTREE
TIM HEPPER
GRANT P. MNGSFORD OCT _ 4 1995
!fir
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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/trailer sales and service facili
ly
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT. South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z
ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
TIM HEPPER, PfZ
CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR
_ XNAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C
SETTLERS IRRIGATION DISTRICT
BOB CORRIE, C/C
IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
MAX YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
WATER DEPARTMENT
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT
CITY FILES
BUILDING DEPARTMENT
OTHER:
FIRE DEPARTMENT
YOUR CONCISE REMARKS: Nampa & Meridian I r r i gat i on
POLICE DEPARTMENT
District's Cook Lateral courses along the south boundary
CITY ATTORNEY
CITY ENGINEER
of the proitet. The ri&,ht-of-way of the Cook Lateral is 30
CITY PLANNER
feet: 15 :feet from the center each way. See Idaho Code
42-1208, RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION.
The developer must contact John Anderson or Bill Henson at Nampa & -Meridian irri ation
g
District 466-0663 or 345-2431 for approval before any encroachment or c ange of
right-of-way occurs. All laterals and waste ways must be protected Mun-1-c-1-pa-7 surface
drainage must be retained on site If any drainage leaves the site, Nampa & Meridian
Irrigation District must review drainage plans It is recommended that irrigation
water he made available to all developments within this District This District requires'
-thar a Land Use Change/Site Development application be filed for review prior to
final platting. Contact Donna Moore at 343-1884 or 466-786hfor further information.
Bill Henson, Assistant -Water Superintendent
Nampa & Meridian Irrigation District
03 October 1995
E''., rVIEE mit
QCT - 4 M5
CITY OF MERJUMN41
11 111;
Te, , i i i •
Bill Howell
Transport Truck and Trailers, Inc.
PO Box 15324
4665 Enterprise Street
Boise, ID 83715
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
RE: Land Use Change Application for A Truck/Trailer'Sales and
Service Facility
Dear Mr. Howell:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above
referenced development.
Roylance & Associates, P.A. were previously sent a complete packet
of information concerning Land Use Change, urban irrigation, and
exclusion.
If you haveanyquestions concerning this matter, please feel free
to call on Donna Moore at -the District's office or John Anderson,
the District's Water Superintendent, at the District's shop.
Sincerely,
DAREN R. COON, SECRETARY/TREASURER
NAMPA & MERIDIAN IRRIGATION DISTRICT
DRC/jas
pc: File
Water Superintendent
City of Meridian
Roylance & Associates, P.A.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
5
BOISE PROJECT RIGHTS - 40,000
OFFICIALS
W r.JAM O. BERG, Jr., City Clerk
JANICE L GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART. Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks
Supt.
SHARI S. STILES, P 3 ZAdm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OFTREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888A433 a FAX (208) 887AB13
Public Works%Building Departweiit (208) 887-2211
GRANT P. KINGSFORD
Ma"
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROSERT D. CORRIE
WALT W. MORROW
P d Z COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit fora truck/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South ofl-84 and'East of Locust Grove M
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
JIM SHEARER, PR
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, CIC
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT .
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIQIAN 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 PLAT)
CITY FILES
YOUR CONCISE
v
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995
APPLICANT: BILL- HOWELL ITEM NUMBER; 17
REQUEST; PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCK/TRAILER
SALES AND SERVICE FACILITY
AGENCY
COMMENTS
CITY CLERK:
MINUTES FROM 10-10-95 P & Z MEETING
CITY ENGINEER:
SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
"REVIEWED"
CITY FIRE DEPT:
SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE ATTACHED COMMENTS
4
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION;
SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU, -OF RECLAMATION:
OTHER: SEWER DEPARTMENT
SEE ATTACHED COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
J
Meridian Planning & Zoning Commission
October 10, 1995
Page, 32 t
MOTION CARRIED:.AII Yea
Johnson: At this time before we take a break the City Attorney will explain to you what we
are doing at this stage for those of you that aren't used to coming to these meetings.
Crookston: What we do now is prepare findings of fact and conclusions of law, many of
you have been here tonight when the Commission already acted on some findings. Those
applicants had a hearing similar to this, they will be presented by the Commission at the
next Planning and Zoning meeting which is November 14th. if the Commission desires to
adopt,those findings, it then would go to the City Council, there will be another public
hearing, you may present additional testimony, it can be entirely new evidence, it can be
whatever you want. It is a total new hearing1hat is before the City Council. The City
Council then either adopts the Planning and Zoning findings of fact and conclusions of law
or if new testimony is presented they will ask to have new findings. It is ultimately the Cit
Council's decision as to whether or not this is annexed and zoned. Thereare.also is
another hearing tonight for their conditional use. The same thing would happen to that
conditional use. However, a conditional use permit in a commercial zone does not
necessarily have to have another public hearing. Only if it were in a residential zone is a
public hearing required before the City Council. So after the Commission adopts.their
findings of fact they are available to the public.
FIVE MINUTE RECESS
ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
TRUCKITRAILER SALES FACILITY BY BILL HOWELL:
Johnson: This is a public hearing you can incorporate the testimony obviously from 14 but
if anybody wishes to speak again they may do so. I would just request that you not be
redundant. At this time 1 will open the public hearing and invite Mr. Howell to speak or his
representative.
Bill Howell, 10455 Jay Road, Boise, was swom by the City Attorney.
Johnson: Does the Commission have any questions of Mr. Howell at all regarding the
conditional use part of the application?
Crookston: If you are going to incorporate the testimony from the annexation and zoning
hearing you need to make a motion to do that.
Johnson:'We will ,do that before we close this public hearing. Thank you, does anyone
have any questions at all at this time? Do you have any statements to make?
W
Meridian Planning & Zoning Commission_
October 10, 1995
Page 34
Rountree: So,moved
Hepper: Second
Johnson: Itis moved and seconded that all of the testimony presented by the public and
the applicant and his representative be incorporated into, given under .item #14 the
request for annexation and zoning be incorporated also into the conditional use permit
request item #15, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: At this time then I will close the public hearing:
Rountree: Mr. Chairman, I move we have findings of fact and conclusions prepared on this
item.
Shearer: Second
Johnson' We have a motion and a second to'prepare findings of fact and conclusions of
law on the conditional use permit requested by Mr. Bill Howell, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #16: JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY
LOCATED AT 1095 E. FRANKLIN ROAD:
Johnson: Is Mr. Amyx here and would like to talk to the Commission? We kind of got an
idea of what you have got, we have your map and things. We probably need it explained
the best you can.
Amyx: Basically what has happened is I bought two pieces of property I sold one and Ada
County, I wanted to sell a little more ground to them'to do (inaudible) anyhow I wanted to
sell them enough land to cover the well. I started going through all the right channels and
doing everything and Ada County says you can't do that. I said, why can't I do this, the
house was built and sold separate property in 1964. That was before they had any zoning
or anything to do anything with it. He said yes but you bought the piece of ground next to
it. Then when you bought the piece of ground next to it and when you bought the piece
of ground next to it due to an obscure law they became one piece of property. What
happened is they didn't rule on the fact that what the law, they just ruled on the fact of
what they had done was legal. They didn't say that is a bad situation and we see where
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE GALLEY
,k Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 o FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
MEMORANDUM:
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P &Z COMMISSION
JIM JOHNSON, Chairman .a
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
October 6, 1995
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Conditional Use Permit for Truck/Trailer Sales & Service Facility)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:.
GENERAL COMMENTS:
1. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
4. Paving and striping shall be in accordance with the standards set forth in Sections
11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted for all off-street parking areas and shall be approved by the City
Engineer (Ord. 557, 10-1-91).
6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in accordance with City Ordinance Section .11-2-414. D. 3.
POWrMCTR.P&Z
0
Mayor and Council
March 30, 1995
Page 2
7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance.
8. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist.
9. Water service to this development is contingent upon positive results from a hydraulic
analysis by'our computer.model.
♦ SITE SPECIFIC COMMENTS:
1. Please provide the Public Works Department with information on anticipated fire flow and
domestic water requirements for the proposed site. This information is verycritical for
determining the water serviceability of this proposal.
2. At this time the proposed site is not serviceable by the `Meridian City Water System.
Applicant will be required to construct 12 inch diameter water mains from the City's
current points of terminus in Overland Rd. (approx. 1,800 LF west) to and through the
proposed site.
3. At this time the.proposed site is not serviceable by the Meridian City Sanitary Sewer
System. 'Sanitary Sewer service to this site could be via the future south spur of the Five
Mile Trunk Sewer main currently under construction for the St. Luke's West Medical
Center.
4. Assessment fees for water and sewer service are determined during the building plan
review process. 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.
POWERCTR.P&Z
WILLIAM G. BERG, JA., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HUB OF TREASURE VALLEY
A Good Place to Live ,
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers Incense (208) 888-4443
GRANT P. KINGSFORD
Mayor
Planning Zoning Commission, Mayor and Council
Shari L. Stiles, Planning & Zoning Administrator
October 6, 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and, Service Facility by Bill Howell
1. Details of the landscaping plan are needed for review hand approval. Four- to six -foot -
high berms should be included along Overland Road to reduce impact of headlight glare
on adjacent residentialproperty. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500 square feet of pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road are both
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and -internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely, be required
by ACRD.
3. The proposed realigned subdivision boundary -would require a plat to be prepared, as
these are not platted lots.
4. Any existing irrigation or drainage ditches crossing the property shall. be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations. I -
6. Applicant's representative has stated this . facility will be an 8:00 a.m. to 5:00 p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
P&Z Commission, Mayor and Council
October 6, 1995 f
Page 2
7. Illumination shall be designed to not cause glare or adversely impact neighboring
residential uses and freeway traffic.
8. A development agreement is required as a condition of annexation. It would be
preferable to have a detailed list of conditions in lieu of a development agreement.
ORIGINAL
BEFORE THE PLANNING AND ZONING COMMISSION
BILL HOWELL
ANNEXATION AND ZONING AND CONDITIONAL USE
SOUTH OFI-84' AND EAST OF LOCUST GROVE'
A PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 17 T.3N R.1E.'
BOISE MERIDIAN, ADA COUNTY, STATE OF JDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for, consideration on October 10,+1995, at the Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30
o'clock p.m., the Petitioners representative, Kristina' Donner,
appearing, and the Planning and Zoning Commission having heard and
taken oral '"and written testimony, and having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two '(2) consecutive weeks prior to the
public hearing scheduled for October 10, 1995, the first
publication of,which.was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 10, 1995
hearing, the Applicant's representative, Kristina Donner, appearing
in person, that the public having been given full opportunity to
express comments' and submit- evidence; and that copies of all
notices being available to newspaper, radio and television
stations, the Planning and Zoning Commission hereby takes action on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1
the Findings of Fact and Conclusions of Law.
2. That the "property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; -that `the property is
approximately 28.49 acres in`size; that on the -20 acre parcel, the
Applicant proposes a facility to sell and service, Freightline
trucks; that the remainder 8.49 acres would be for a future body
shop 'and repair center.
3. That the property"is presently zoned by Ada County as R -T
(Rural Transition);,that the Application requests that the property -
be zoned'General Retail and Service Commercial (C -G) and Applicant
has requested a°conditional use permit to allow for the sales and
service of trucks/trailers;'-that the Application is incorporated
herein as if set forth in full.
4. Adjacent to this development is the I-84 Interstate
freeway and overland Road;*that the major arterials of Eagle Road
and Locust Grove Road are nearby; that to the west is the
Playground RV Park and driving range; that to the east is the
future expansion -of this development of the 8.49 acres; that across
the Interstate to the north is Magic View Subdivision; to the north
and east across the Interstate is the Jackson's Travel Center,
currently under construction; that across Eagle Road to the east of
Jackson's Travel Center is the proposed St. Luke''s Medicai campus,
currently under construction.
y 5. That the property is adjacent and abutting to the present
City limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 2
6. That Bill Howell, is ,the Applicant; that the owner, Par
3, an Idaho General Partnership, Richard M. Phillips, General
Partner, has consented to the application and has requested this
annexation, zoning and conditional use and the application is not
at the request of the,City of Meridian.
7. That the Applicant's annexation and zoning application
stated that the present use of the land is agricultural, that the
proposed use is industrial, that "the proposed district is C -G,
General Retail and Service Commercial, that the proposal is
compatible with other industrial facilities adjacent to the
project, and that the property would be harmonious with adjacent
developments; the annexation and zoning Application also states,
"The proposed zoning amendment relates to the Meridian
Comprehensive Plan in that it will be adhering to the mixed plan
usage of the Plan, and being close to the interstate is in an area
that is intended for industrial use."
8. That Ms. Donner testified that there will be a facility
to sell and service Freightliner trucks on the 20 acre parcel; that
the future parcel, consisting of the 8.49 acres, will be for a body
shop and repair center, to be constructed in a phase` II
development; that sewer is of concern because it is only on the
north side of the Interstate;•that they would work in conjunction
with other developers to bring the sewer to the south and share the
cost; that if sewer is not,available when they would like to open,
they have discussed this with the Central District Health
Department and they would propose to put in a septic system and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3
utilize that until they could bring the sewer in; that they plan to
extend the water lines 600 feet to get water to the site. She also
stated that they had concerns over the statement of Shari Stiles
about "requiring four to six foot berms along the front of Overland
and they are a little bit concerned "about trucks having site
distance problems and that none of the other properties along
Overland used for industrial uses were required to have -berms.
In response .to a question by Commissioner Rountree about the
lines on a.map being topographical" lines and the map showing a
raised platform the length of the lot that would perch the trucks"
up .above the elevation lines shown on the map, Miss" Donner
indicated that that was what it showed. She also, stated in
response to a question, that the Playground driving range was right
next door to this property to the west.
9. That the Applicant, Bill Howell, testified to clear up
some gaps left by the earlier testimony of Ms. Donner; that the
elevation of the display area along 1-84 is believed to be an 8
foot elevation from grade; that the display will be of all new
vehicles; that the proposed fleet maintenance shop is primarily a
full service facility and the phase IIKplan within the 20.00 acres
will be for a body/paint shop; that the 8.49 remaining acres will
not be used by the Applicant's company; that.it is. simply going to
be marketed; that the anticipated daily trips of the -full size road
tractors and trailers, ranging up to and including 53 foot, could
possibly figure to be 75 to 100 per day; that the operating hours
are 7:00 a.m. to currently 12:00 p.m. and that general maintenance
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL, PAGE -.4
is' the activity going on at 12:00 at night in the shop areas; that
the anticipated maximum employees will probably be. 60; that the
Applicant foresees as a great eventuality, full service leases.
10. There were several property owners in the immediate area
who testified at the October 10, 1995, hearing about the
Application; the testimony can be summarized as follows:
1. Kevin Merritt, acting as President of the Meridian
Greens Subdivision of approximately 225+ homes,
wanted to go on record as totally opposing this
Annexation for several reasons. That the proposed
location for the transport truck and -trailer
service sales and service facility is not
appropriate in keeping with the present planned use
of the adjoining and -local property; that based on
the traffic.volume, and traffic safety issue, this
proposed development is not compatible.
2. Roy Harada testified that he also is in truck sales
with a different dealership; he points out that
contractually; freightliner requires all dealers to
be open 24 hours; that the traffic flow`is going to
be significantly higher than what Mr. Howell
represented, and be well over, 150 to 200 vehicles a
day in and out; and that developments of this type
are typically noisy, smelly and are open extremely
long hours; that the freightliner class 7, trucks,
which are medium duty trucks to a class 8, truck,
grossing in excess of 100,000 pounds, are your
typical trucks, along with Cumins, Caterpillar, all'
of the miscellaneous service shops bringing parts
in as well as Federal Express trucks; that.another
concern regarding the excessive traffid-might well
be the mechanic needing to check out the trucks
after servicing to use Overland Road, turn right.,
hit the Interstate, turn right again, hit Eagle.
Road, making a circle, thus adding to the safety
factor of the kids in the nearby subdivisions.
3. Becky Bowcutt, of Briggs Engineering, testified
that on behalf of her client G. L. Voigt
Construction, whose property just south of this
parcel was approved for approximately 290 R-4
designation lots; that Ms. Bowcutt requests that
the City of Meridian evaluate the landscaping that
is being proposed by the Applicant and that a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5
landscaping plan be submitted by the Applicant and
an evaluation be done regarding the berming and the
screening at the entrances at I-84 and along the
interstate.
4. That Lou Lois testified 'that he affirms the
opposition from the President of Meridian Greens
Subdivision with regard to the safety and noise;
that he believes that this type of operation is not
one that would stop at midnight but be more a 24
hour operation;, that the paint shop and of
hazardous materials so close to residential areas
was also a concern of Mr'. Lois'.
5. That Beth Markland testified that she also is in,°
opposition to this proposed annexation for the same
reasons previously stated, specifically the traffic
concern, the possibility of these trucks hauling
hazardous materials and the noise.
6. �Neda° Hagner testified that she too wishes to add
her concerns regarding the traffic congestion on
Overland already being frightening and the safety
of children and grandchildren; that having these
monster trucks on Overland is like putting up
barriers to enjoyment of their homes.
7. Ron Thomas testified that his major concern is the
ground septic system and the Ada County Health
District allowing such a thing to be built; that
the traffic is bad now and would only get worse.
8. That Rick Reever testified that he lives in
Sportsman Point Subdivision and his concerns lie`
with the traffic situation and the access to the on
ramp at I-84; that with the proposed shopping mall
at the southeast corner of the on ramp at Eagle
Road, this will only add to the congestion and
potentially more safety problems for the kids in
just the square mile between Overland, Eagle,
Locust Grove and Victory.
'9. Nicole Garduno testified at, the hearing voicing her
opposition to the proposed annexation and zoning
mainly for the safety issues.
10. That Mark Wilson testified, echoing objections with
regard to the hazardous waste that this project
will potentially generate and the possibilities of
contamination of the sewer system years done the
road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6
11. Karen Frisch, from Hunts Bluff Subdivision,
testified that her subdivision likewise will be
affected; that she also is opposed to this proposed
annexation.
11. There was no other testimony regarding the annexation and
zoning given.
12. That testimony regarding, annexation and zoning was
incorporated into the record of the Conditional Use Permit
Application; that Mr. Kevin Merritt also testified, reiterating his
statements he made on the- annexation and zoning; that Stewart
Edwards testified that the noise of this plant would be quite an
impact of the trailer park next door; that the roads, in his
judgment, will not hold up under the kind of traffic and the rigs
that will be generated, especially on Overland}Road.
13. That the Assistant to the City Engineer, Bruce
Freckleton, Shari Stiles, Planning & Zoning„Administrator, Meridian
City Police' and Fire Departments, Central District Health
Department, and Nampa & Meridian Irrigation District, submitted
comments; that those comments are submitted herein by this
reference and are hereby incorporated herein as if set forth in
full.
14. That Assistant to the City Engineer, Bruce Freckleton,
commented that the legal description submitted with the Annexation
and Zoning application needs to be revised so that the northerly
boundary is the northerly boundary of Interstate 84 rather than the
centerline; that he commented id the application for annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7
zoning for the property 'in` the, northeast quadrant of the
intersection of Overland Road `and Eagle Road, the Power Mall, 'which
comments are equally applicable ito this Application, -that' any
existing irrigation/drainagelditches crossing the property to be
included in this project,f,shall be tiled per City Ordinance,11-9-
605 M; that any existing domestic wells and/or septic systems with
this project shall be removed from their domestic service per City
Ordinance, except for wells may be used for -non-domestic purposes
such as landscape irrigation; that off-street parking, paving and
striping, drainage plan,,outside lighting, and all signage shall be
in accordance with City Ordinances; that a profile of the
subsurface soil conditions shall be submitted to determine the
seasonal high groundwater elevation and that water service.to this
development is contingent upon positive results from a_hydraulic
analysis by our computer model; and• that specific site comments
.. 6
were the following:
a. That the Public`Works Department shall be provided with
information on anticipated fire flow and domestic water
requirements for the proposed site, as this is.critical for
determining the water serviceability for this proposal;
b. That at this time this site is not serviceable by the
Meridian City Water System'or by the Meridian City Sanitary
Sewer System; that the Applicant will be required to construct
12 inch diameter water mains from the City's current points of
terminus in Overland Rd. to and through the proposed site;
C. That assessment fees '=for water' and sewer service are
determined during the building plan review process, in
addition, Late Comers fees w ll'also be'tcharged against this
parcel .to help reimburse the parties responsible for
installing the water and sewer mains to.their current points.
15 That Shari Stiles, Planning &� Zoning Administrator,
submitted comments; that -details of the landscaping plan, are needed
FINDINGS OF FACT'AND CONCLUSIONS OF LAW - HOWELL PAGE - 8
for review and approval; that four to six-foot high berms should be
included along- Overland Road to reduce the impact of headlight
glare on adjacent residential property; that City Ordinance
requires, a minimum of one (1) three-inch caliper tree per 1,500
square feet of pavement, however this requirement is'unreali:stic
for this development, however careful planning of landscaping is
required and must be approved prior to obtaining building permits;
that I-84 and Overland Road, are both designated as entrance
corridors in the Comprehensive Plan and therefore require a 35 -foot
minimum landscape setback; that perimeter and internal landscaping
is also required; that five-foot (5' ) sidewalks shall be installed;
that the proposed realigned subdivision boundary would require a
plat to be prepared, as these are not platted lot's; that any
existing irrigation or drainage ditches crossing the property shall
be tiled per City Ordinance; that a drain ditch currently exists
along the eastern property boundary which need to be tiled; that a
Certificate of Occupancy is required- prior to opening and that
occupancy would be contingent upon meeting all zoning, building
code, public works, Fire Department and agency regulations; that
the possibility lies in that overnight repair work will be needed
which would require this facility to be open longer in which case
the Applicant may need to provide soundproofing of the
service/maintenance shop to avoid disturbing the residential areas;
that illumination shall, be designed to not cause glare or adversely
impact- neighboring residential uses and freeway traffic; that a
Development Agreement is required as a condition of annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9
that it would be preferable to have a detailed list of conditions
in lieu of a.development agreement.
16. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and is in the Eastern Industrial Review
Area.
18. That the property may be able to be physically serviced
with City water, if applicant extends the lines; that the ability
'to provide sewer service to the property 'is unknown at this time
and the City Engineer did not submit comments regarding providing
sewer service to the property.
19. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision lots
and other uses.
20. That the following -pertinent statement's are made in the
Meridian Comprehensive Plan and are specifically applicable to this
Application:
1. Under.LAND USE
Comprehensive Plan Map, Page 22
The land use delineations depicted in the
Comprehensive Land Use Map are not precise, but
rather the'Comprehensive Land Use Map,represents a
long-range vision of community development in
generalized..' areas. The map represents a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10
2.
compilation of input and ideas expressed by
citizens, community groups and local leaders.
LAND USE GOAL STATEMENT, Page 23
1.10U Promote the design of attractive roadway
entryway areas into Meridian which will
.clearly identify the community.
1.11U Protect citizen investments in existing
public facilities, (water, sewer,
streets, fire, police) by encouraging
controlled growth through city planning
reviews -and development agreements.
INDUSTRIAL POLICIES, Page 24
F3.3 Access to industrial areas from collector and
local streets will be discouraged.
3.4 Industrial uses adjacent to residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
Easter -Eagle Road Light Industrial Review Area,
Page 25
3.14 The character, site improvements and type of
light industrial developments should be harmonized
with the residential uses in this area.
3.16U Land uses within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements.
Under TRANSPORTATION, Page 43
Existing Conditions
Overland Road, East of Linder, is listed as a Minor
arterial.
3. -Under COMMUNITY DESIGN
Entryway Corridors, Page 72
Entryway corridors are arterial roadways
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 11
entering the community. that introduce both visitors
and residents to Meridian. City -designated gateway
arterials include the following streets:
a. I-84 (East and West entrances)
f. Eagle Road (North and South entrances)
g. Overland Road (East and West entrances)
Entryway corridors are a community's front
door. It acknowledged that the corridor's trees
(or lack thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.
Therefore, the entire community and, most
specifically its governing bodies, have the right
and the responsibility to guide the development and
redevelopment that occurs along entryway corridors.
Entrance Corridors Goal Statement, Page 73
Promote, encourage, develop and maintain
aesthetically -pleasing entrances to the City of
Meridian.,.
Neighborhood Identify Goal Policies, Page 74
6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through conditional' use permits when
appropriate nonresidential uses are proposed.
21. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive.Plan
as a Mixed/Planned Use Development Area.
22. That the requested zoning of General Retail and Service
Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL_ PAGE - 12
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."
23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial', lists commercial. uses allowed in the. various zoning
districts of the City; that planned commercial developments, are an
allowed use in the C -G district.
24. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as -follows:
"An area of land which is developed as a single entity for a
number of uses in '`combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type 'of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities` 'or a PD which includes a mix of residential,
commercial or industrial uses."
and a Planned Commercial Development is defined as follows:
"Any development in which the. principal use of land is for
commercial purposes."
25. That in 1992 the Idaho State Legislature passed
amendments, to the Local Planning Act, which in 67-6513 Idaho Code,
relating tosubdivisionordinances, states as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13
"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.";
that the City of Meridian is concerned with the increase •in
population that is occurring and with it's impact on the City being
able to provide fine, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; -the Cityisalso concerned that the increase
in population is burdening the schools of the Meridian School
District which provide school service to current and future
residents' of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the industrial,,
and commercial developments do provide taxes for providing fire,
police, emergency health care, water, sewer, parks and recreational -
services for people that are here, and which will come here.
26. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
development fee ora 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14
of the citizens of the City of Meridian.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide.
28. 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." 3
29. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
30. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should lie determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve. openness;
2. To interconnect park and open. space systems within rights
of way for, trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
,natural habitat;
4. To buffer more intensive adjacent urban land uses;
FINDINGS OF FACT AND CONCLUSIONS OF LAW HOWELL PAGE - 15
5 . To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
`31. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
.new developments as part of the public right of way or as
-separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning,Area. The
Commission and Council shall,aonsider the Bicycle -Pedestrian
Design- Manual for Ada County (as prepared by Ada County
Highway. District) when reviewing bicycle and pedestrian
pathway provisions within developments."
32. 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.
33. 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:
1.
5.
F
34
A development pattern in accord with the goals,
objectives and policies of the Comprehensive,Plan;
A more convenient pattern of commercial, residential and
industrial uses as.,well as public services which support
such use's
That 11-9-607 E, of the Subdivision Ordinance, states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to,the standards and procedures set forth in
the Section. A PD shall be governed by the regulations of the
district or districts in which said PD is located. The
approval of the Final Development Plan for a PD may'provide
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 16"
for such exceptions from the district regulations governing
use, density, area; bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, Provided such exceptions are consistent with
the standards and criteria contained in this Section."
35. That 11-9-607 F, of the Subdivision Ordinance, states in
part as follows:s
1. Planned Developments - Planned developments shall be
subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
8. Financial Guarantees - The developer shall post financial
guarantees for all approved on-site improvements if
required pursuant to 9-606'C."
36. The Applicant submitted an Application and materials and
documentation for a conditional use permit for a truck/trailer
sales and service facility; that such Application, materials and
documentation on the conditional use are. incorporated herein by
this reference as if set forth in full; that the Applicant
submitted materials on the conditional use request and did
reference how the truck/trailer sales and service facility -would be
operated; there were comments from the public which pertained to
the annexation and zoning.,and to the conditional use permit, and
such are incorporated herein as if set forth in full for purposes
of -the application for the conditional use permit.
=�37. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
A. That all the procedural., requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have"
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17
been met; including the mailing of notice to owners of property
within `300 feet of the external boundaries of the Applicant's
property.
B That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 671 Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and -hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
E. That the Council may take judicial notice of government
ordinances, and -policies, and of actual conditions existing within
the City and State.
F. That 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.
G,. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation of the City of Meridian.
H. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18
upon the.annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
I. That the development of annexed land must meet and comply
with the Ordinances' of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11=9-605 M., which pertains to the tiling
of ditches and waterways.
e-.
J. That this Application has been difficult for the
Commission to decide because of opposition to the Applications,,
which could dictate that the Application be denied, and because of
the Meridian Comprehensive Plan which shows the land as being in an
area shown as a Mixed/Planned Development Area, which could dictate
that the Application be approved; that the Commission understands
the objections and sympathizes with them on an individual basis and
understands the Comprehensive Plan's direction for development of
the area; that the duty of the .Commission, however, is not to be
controlled by the interests of individual property owners and their
concerns, but also the Comprehensive Plan is just that, a plan and
not a controlling ordinance; that this statement that the
comprehensive plan is not controlling is supported by Balzer v.•
Kootenai County Bd of. Commis, 110 Idaho 37, 714 P.2d 6 (1986),
stating that Section 67-6511, Idaho Code, does not require a zoning
ordinance's land use designations to be in strict conformance with
the corresponding land use designation of the comprehensive plan,
Ferguson v. Board of County Commis, 110 Idaho 785, 718 P.2d11223
(1986), holding that the decision of the County Commissioners to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 19
rezone property as coimerrcial,,even,though. it was contrary to the
existing comprehensive plan,,was supported by substantial evidence
and was not clearly erroneous,-and.Bone v City of Lewiston, 107
Idaho 844, 693 P.2d 1046 (1984),;' stating that a land use map is not
'the comprehensive plan, but only a, subpart of one of 12 components
referred to in Section 67-6508, which go into the making of 'a plan.
K. That the duty of the Commission is to assess the
applications on the basis of the overall good of the City and its
ti
citizens;- that it is with this duty, and background; that the
Commission has undertaken to make these Findings and Conclusions.
L. - That the Applicant has stated in, its._Applications, and in
its presentation to the Commission at the public hearing, that its
proposed use of the property will be an industrial use; that the
type and location of the industrial use proposed by the Applicant
is not: in compliance with the Comprehensive Plan, since the Plan
states that industrial development should be encouraged to locate
adjacent to existing industrial uses, and there are no industrial
uses adjacent to Applicant's site -a,
The use is also not in, conformance with the =Plan since the
U .t
Plan states that the character, site improvements and type of light
industrial developments should be harmonized with the residential
uses in the area; that the`Applicant,did not present any evidence
as to how its truck' operation would be harmonized with the
residential developments in the area; also it would be very
difficult to harmoni-ze truck`.traffic, noise, and pollution with the
many residential neighbors in the area: The -Plan also states that
`FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 20
industrial uses adjacent to residential areas should not create
noise, odor, air pollution, and visual pollution greater than,
levels normally associated with surrounding residential activities;
it is likely, and probable, that the noise, odor, air pollution,
and visual pollution levels produced by a number of Freightliner
trucks would be substantially greatert than that created by a
residential subdivision.
The Plan also states that land uses within the Eastekn Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; it is judicially noticed that trucks of
the {nature that Applicant proposes to sell and service are not
clean or quiet and that the exhaust they produce is considered to
be hazardous or objectionable.
M. That if the property was annexed and zoned, as- a
condition -of annexation and the zoning of C -G', the Applicant would'
be required to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 D'; that the development agreement would
address, among other things, the following:
1. Inclusion into the development, including but not limited
to, the requirements of 11-9-605:
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
C. S, Public Sites and Open Spaces.
d. R, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.,
s
f. M, Piping of Ditches
and 11-9-606:
a. Bicycle Pathways.
b. Storm drainage.
C. Sidewalks and Pedestrian Walkways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21
d. Greenbelt.
e. Pressurized Irrigation.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by its
representative during the public hearing.
3. Addressing access linkage, screening, and buffering.
A. An impact fee, or fees, for park, police, and fire
services as determined by the city.
5. Appropriate berming and landscaping.
6. Submission and approval of any required plats.
7. Submission and approval of individual buildings,
drainage, lighting, parking, and other developmentplans
under the Planned Development guidelines.
8. Harmonizing and integrating the site improvements with
the existing residential development.
9. Establishing a 35 foot landscaped setback as suggested,
under the Comprehensive Plan and landscaping the same.
10. Addressing the comments of the Planning Director.
11.. The sewer and water requirements.
12. Agreeing that the Meridian` Comprehensive Plan Is
applicable to the land and any development.
13. Traffic plans and access into and out of the development.
14. Meeting the representations' made as part of the
application and hearing, -process.
15. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
N. That Section 11-2-417'D of the Meridian Zoning Ordinance
states that, if annexed, a development agreement should be recorded
in the office of the Ada County Recorder and take effect upon the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL
4
PAGE - 22
I
I
prior if agreed to by the owner of the parcel. That it has been
the experience of the City that development agreements are
difficult, to enter into prior to the annexation ordinance being
passed; that it is concluded that -the development agreement shall
be entered into prior the final plat being approved and prior to
issuance of any building permits, if the property was annexed.
O., That itis concluded that the annexing and zoning of the
property is not in the best interests of the City of Meridian and
an annexation and zoning ordinance should not -be enacted.
P.That regarding the conditional use permit applied for, it
is concluded, that since the Commission has concluded that the
annexation and zoning is not in the best interests of the City,
there is no useful purpose in making conclusions for the
conditional use permit
Q. That if, the property was annexed and zoned, the
requirements of the Meridian City Engineer's office, Meridian Fire
Department,, Central District Health Department, and the Nampa &
Meridian Irrigation District, would have to be met and addressed in
a development agreement.
,t
R. That if annexed, all ditches, canals, and waterways would
have to be tiled as a condition of annexation and if not so tiled,
the property would be subject to de -annexation.
S. That the Applicant would be required to connect to
Meridian water and sewer.and resolve how the water and sewer mains
will serve the land; that the development of the property would be
subject- to and controlled by the Subdivision and Development
FINDINGS OF FACT AND CONCLUSIONS OF'LAW - HOWELL PAGE - 23..,
Ordinance and the development agreement.
T. That if annexed the°Applicant would be required to meet
the requirements of the Ada County Highway District
U. That if annexed, these conditions would run with the land
and bind the.applicant and his assigns.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Planning and Zoning Commission hereby adopts
and approves these Findings of'Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION
The Planning and Zoning Commission of the City of Meridian
hereby recommends to the Meridian City Council that the property
set forth in the application not be annexed and zoned and therefore
no conditional use permit be granted.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P 32 Adm.`
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 88841433 a FAX (208) 8874813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
lir
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 62COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that, your comments and recommendations will. be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT kINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT .
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS_ (PRELIM & FINAL PLAT)
BUREAU OF REC TI ,N(P,RELIM & FINAL PLAT)
CITY FILES j G
OTHER: S
YOUR CONCISE RE K&
SEP z 5 1995
CITY OF MFRID
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ED
SEP z 5 1995
CITY OF MFRID
OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P 3 Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON. JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 2
Phone (208) 888-433 a FAX (209) 887-4813
Public Works/Building Department (208) 887_2211
GRANT P. KINGSFORD
Mayor
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
- SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
—MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
1. CENTRAL DISTRICT HEALTH
NAMPA MERIDIANIRRIGATION 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 PLAT)
CITY FILES
OTHER: — f jj
YOUR CONCISE REMARKS:
. L L L c A t -S W; L L A! JL.rc o 7`G7 ,i3s
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G C T 2 b 1995
JAMES E. BRUCE, President
SHERRY R. HUBER Vice Presiaem
SUSAN S. EASTLAKE, Secrerary
October 6. 1995
TO: Bill Howell. Transport Truck and Trailers
c/o P.O. Box 15324
Boise ID 83715
FROM: Karen Gall i
Development Services Division
SUBJECT: MCU-19-95/MA-3-95 Overland e/o Locust Grove
Truck/trailer sales & services
Your application for the above referenced project was acted on by the Commissioners of the Ada
County Highway District on October 4, 1995. The attached staff report lists conditions of.
approval and street improvements which are required.
If you have any questions, please feel free to call-.me at 345-7680.
KG
cc: Development Services
Chron
John Edney
Chuck Rinaldi
Meridian City Hall
4
ada county highway district
313 East 37th • Boise. Idaho 83714-6499 • Phone (208) 345-7680
ADA k.OUNTY HIGHWAY= DIS I RICT
Development Services Division
Development Application Report
MCU-19-95/MA-3-95 Overland e/o Locust Grove Truck/trailer sales & service
The applicant is requestingannexation approval with rezone from RT to -CG and conditional
use approval for a truck and trailer sales and service facility. The 28.49 -acre site is located on
the north side of Overland Road approximately 1/4 -mile to 1/2 mile east of Locust Grove
Road. This development is estimated to generate less than 1,000 additional vehicle trips per
day (depending upon'the ultimate use of the undeveloped portion of the project).
Roads impacted by this development:
Overland Road - Minor arterial with no pathway designation
- Traffic count 7,046 on 7-12-95
ACHD Commission Date - October 4. 1995 - 12:00 p.m.
ADA �-,OUNTY HIGHWAY .DIS fRICT'
Development Services Division
Development Application Report
MCU-19-95/MA-3-95 Overland e/o Locust Grove Truck/trailer sales & service
The applicant is requesting annexation approval with rezonefrom RT to CG and conditional
use approval for a truck and trailer sales and service facility. The 28.49 -acre site is located on
the north side of Overland Road approximately 1/4 -mile to 1/2 mile -east -of Locust Grove
Road. This development is estimated to generate less than 1,000 additional vehicle trips per
day (depending upon the ultimate use of the undeveloped portion of the project).
Roads impacted by this development:
Overland Road - Minor arterial with no pathway designation
- Traffic count 7,046 on 7-12-95
ACHD Commission Date - October 4, 1995 - 12:00 p.m.
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Facts and Findings:
A. General Information
RT - Existing zoning
` CG - Proposed zoning
28.49 - Acres
21,600 - Square feet of proposed sales & service building (approx)
31,200 - Square feet of proposed maintenance shop (approx)
286. - Traffic Analysis Zone JAZ)
West Ada - Impact Fee Benefit Zone
Western Cities - Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation
Traffic count 7,046 on 7-12-95
803 -feet of frontage
50 -feet existing right-of-way (25 -feet from centerline)
90 -feet required right-of-way (45 -feet from centerline)
Overland Road is improved with 28 -feet of pavement with no curb, gutter or sidewalk.
B. Plans for the improvement of Overland Road from Eagle Road to Meridian Road have been
completed and are "on the shelf' awaiting funding for construction. This' segment of Overland Road
has been the subject of much residential development on the south side of Overland Road during the
past three years since the"completion of the improvement plans. More than 700 -lots have been
approved as preliminary plats or are in the application review process within the square mile directly
south across Overland Road from this parcel.
C. The subject property is currently used for agricultural purposes. The.site plan indicates that this is a
parcel split off from an original agricultural parcel and a separate parcel includes the original farm
residence.
D. Access to site is proposed to be provided by three driveways. The eastern most driveway is located
approximately 3,310 -feet west of Eagle Road and 570 -feet west of the new property line. The center
driveway is located 3,623 -feet west of Eagle Road and 885 -feet west of the new property line. The
western driveway is located 3,870 -feet west from Eagle Road and 1,130 -feet west of the new property
line.
South of Overland Road and directly across from this proposal is the site of a previously approved
preliminary plat (Sundance Subdivision) including 291 -lots, accessing Overland Road by means of
two proposed public roadways. These roadways are located 3,290 -feet and 3,990 -feet, respectively,
west of Eagle Road. The western roadway (shown on the preliminary Plat as "Red Cloud Way") will
interfere with the operation of the western driveway, since they are only separated by 120 -feet.
District policy requires a minimum separation of 150 -feet from a collector, intersection for a right-
in/right-out driveway and 220 -feet for a full access driveway. Therefore staff recommends that the
applicant be required to revise the site plan to change the location of the proposed driveway to meet
District standards. (Submitted on September 29, 1995 - see attached).
E. District -policy allows a total of three driveways on Overland Road for the entire parcel (including
future development).
MCU 1995. WPD
Page 2
Standard Requirements;,
A request for modification, variance or waiver of any requirement or policy outlined herein shall be
madein writing to the Development' Services Supervisor. The request shall specifically identify each,
requirement to be reconsidered and include a -written explanation of why such a requirement would
result in a substantial hardship or inequity.
Requests received prior to the date scheduled for Commission action shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
2. A request for an appeal of the Commission's action shall be made in writing to the Development
Services Supervisor within 15 calendar days of the action and shall include a minimum fee of
$110.00. The appeal -will be scheduled to be heard by the Commission within 20 calendar days' after
receipt. The request for appeal shall specifically identify each requirement to be reconsidered and
include a written explanation of why such a requirement would result in a substantial hardship or
inequity.
3. A right-of-way permit must be obtained from ACHD for any street or utility construction within the
public right-of-way. Utility cuts should be combined where practical to limit pavement damage.
Utility street cuts in roads paved within the last five years will not be.allowed unless approved by the
District Commission. Contact Construction Services at 345-7667 (with file number) for details.
4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to
issuance of building permit (or other required permits). The proposed drainage system shall retain all
storm water on-site and shall conform to the requirements of the City of Meridian.
Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are
not being shared with the adjacent property.
6. Continue existing irrigation and drainage systems across parcel.
7. Continue borrow ditch drainage abutting parcel (culvert may be required).
Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff
into their system.
9. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage
ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for'relocations
shall be obtained from the appropriate entity. If determined by the District, existing irrigation
facilities may remain in the right-of-way with District review and approval of easements recorded for
future relocation at a later date.
10. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight -triangle of all
street" and driveway intersections.
11. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction
higher than 36 -inches above the top of pavement will be allowed, including landscaping, berms,
fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline
of any collector 350 -feet; and the short leg measured down the centerline from the collector street
curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions.
12. Submit three sets of street construction plans to the District for review and appropriate action.
MCU 1995. WPD
Page 4
CENTRAL CENTKAL DISTRICT HEALTH DEPARThItNT
•• DISTRICT Environmental Health Division
H EA LT H Return to:
J l..� ❑Boise
DEPARTMENT
LJ Eagle
Rezone # ❑ Garden city
Conditional Use # -`��� �i r/ter' S.�L�S!� �'%2ir�t c= ,�r� r Meridian
❑ Kuna
Preliminary / Final / Short Plat ❑ ACZ
❑ I. We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning'soil conditions on this Proposal before we can comment.
S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
,a high seasonal ground water
❑ solid lava from original grade
❑• 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet `
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9: The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
10. Street Runoff is not to create a mosquito breeding problem.
M
M
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑
13.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑
14.
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
15.
f� s'E-th'�Iz E .11/ d''% E Chi��i✓Cl� 'gin
is `' cc Date: 7
lF G', l y SC�✓�� sE�� /lG�= /S tJT" jggy
,�t7, C Reviewed By:
Review Sheet
CDND 10/91 rcb, rev. 1/95
OFFICIALS
HUB OF TREASURE VALLEY
MOE ALIDJANI, P/Z
-
JIM SHEARER, P/Z
COUNCIL MEMBERS
WILLIAM G. BERG, Jr., City Clerk
A Good Place to Live
RONALD R. TOLSMA
JANICE L GASS, City Treasurer
GRANT KINGSFORD, MAYOR
MAXYERRINGTON
GARY D. SMITH, P.F- City Engin
BRUCE D.STUART, Water workS�pt.
CITY OF MERIDIAN
ROBERT D. CORRIE
WALT W. MORROW
JOHN T. SHAWCROPT, Waste Water Supt.
WALT MORROW, C/C
P & Z COMMISSION
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 3 Z Adm.
33 EAST IDAHO
JIM JOHNSON, Chairman
KENNETH W. BOWERS, Fire Chief
MERIDIAN,
, IDAHO 83642
MOE ALIDJANI
JIM SHEARER '
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 8884433 a FAX (2W) 887 813 " ` N & : r— `
C�-�f
CHARLIE ROUNTREE
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
Public Works/Builtiifg Dep®rtment (208) 997-2211
TIM HEPPER
CITY ATTORNEY
GRANT P. KINGSFORD
V t1 C T _4 I95
CITY ENGINEER
feet: 15 feet from the center each way. See Idaho Code
1��
42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION.
The developer must contact John Anderson or Bill Henson at Nampa & Meridian irrigation
CITY OF MERIDIAN
for approval before any encroachment or change—of
TRANSMITTAL TO AGENCIES FOiCOMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please -submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City*Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truik/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT:__ South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z
ADA COUNTY HIGHWAY DISTRICT
CHARLES. ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z
CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR
_XNAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C
SETTLERS IRRIGATION DISTRICT
_ BOB CORRIE, C/C
IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
MAX YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
WATER DEPARTMENT
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT
CITY FILES
BUILDING DEPARTMENT
OTHER:
FIRE DEPARTMENT
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
POLICE DEPARTMENT
District's Cook Lateral courses along the south boundary
CITY ATTORNEY
of the Proiect. The right-of-way of 'the Cook Lateral is 30
CITY ENGINEER
feet: 15 feet from the center each way. See Idaho Code
CITY PLANNER
42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION.
The developer must contact John Anderson or Bill Henson at Nampa & Meridian irrigation
District 466-0663 or 345-2431
for approval before any encroachment or change—of
right-of-way occurs. All laterals and waste ways must be protected Municipal surface
drainage must be retained on site. If any drainage leaves the site, Nampa & Meridian
Irrigation District must review drainage plans It is recommended that irrigation
water be made available to all
developments within this District. This District requires
that a T.and Use Change/Site Development application be filed for review prior to
final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information.
Bill Henson, Assistant Water Superintendent
Nampa & Meridian Irrigation District
RECEWE
0 C T - 4 11995
CITY CSF;. NIERIDUN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
OFFICE: Nampa 466-7861
03 October 1995 Boise 343-1884
SHOP: Nampa 466-0663
Bill Howell - e Boise E 345-2431
Transport Truck and Trailers, Inc.
PO Box 15324
4665 Enterprise Street
Boise, ID 83715
RE: Land Use Change Application for A_ Truck/ Trailer Sales and
Service Facility
Dear Mr. Howell:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above
referenced development.
Roylance & Associates, P.A. were previously sent a complete packet
of information concerning Land Use Change, urban irrigation, and
exclusion.
If you have any. questions concerning this matter, please feel free
to call on Donna Moore at the�District's office or John Anderson,
the District's Water Superintendent, at`the District's shop.
Sincerely,
DAREN R. COON, SECRETARY/TREASURER
NAMPA & MERIDIAN IRRIGATION DISTRICT
DRC/jas
pc: File y
Water Superintendent _.
City of Meridian a.
Roylance & Associates, P.A.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
OFFICIALS
WILLIAM G. BERG, Jr., City Clark
JANICE L GASS, City Treasurer
GARY D. SMITH, P,E. City Engineer
BRUCE D. STUART, Water Works Supt.
'JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & 2 Adm.
'KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TRFASURE VALLEY
A Good Place to Live
CITY OF IRIDIAN:
33 EAST' IDAHO
MERIDIAN IDAHO 83642
Phone (208) 8884133 a FAX (208) 8874813
Public Works/BuiklingDepartment (208) 887-2211
GRANT P. jaNGSFORD
Nhyor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAXYERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON. Chairman
MOE ALIOJANI
JIM SHEARER
CHARLIEROUNTREE
TIM HEPPER
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 81 Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT. South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
JIM SHEARER, P2
CHARLES ROUNTREE, P/Z
TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. INEST(PREUM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
YOUR CONCISE
`''a'�st
� t i'
L
`''a'�st
MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995
APPLICANT: BILL HOWELL ITEM NUMBER; 16
REQUEST; PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING OF 28.49 ACRES TO C -G
AGENCY
COMMENTS
CITY CLERK:
MINUTES FROM 10-10-95 P & Z MEETING
CITY ENGINEER:
SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
"REVIEWED"
CITY FIRE DEPT:
SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION;
SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
-
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
r,
Meridian Planning & Zoning Commission
October 10, 1995
Page 19
table saw, they cut their wood and take it out in the shop and put it together.
Johnson: Wayne, do,you have anything?
Crookston: No I don't
Johnson: Thank you, this is a_ public hearing is there anyone else that would like to
address the Commission on this application? Seeing no one then I will close the public
hearing at this time.
Shearer: I move we have the attorney prepare findings of fact and conclusions of law.
Rountree: Second
Johnson: Moved and seconded we have theCityAttorney prepare findings of fact and
conclusions,of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 28.49
ACRES TO C -G BY BILL HOWELL:
Johnson: I will now open the public hearing is the applicant of the representative here,
would you please address the Commission at this time.
Kristina Donner, 3363 Buckboard Way, Boise, was sworn by the City Attorney.
Donner: We are requesting annexation and zoning on a peice of property that is located
on Overland Road between Eagle Road and Locust Grove. I am not sure where the best
place to put this is, so you can all see it. I don't know if you all got a copy in your packet
but I know they were pretty large drawings.
Johnson: Well there is. an easel but 1 don't see it.
Donner: That is okay, I will just hold it.
11
Johnson: You can set it in those chairs there if you want to. Set it up by the projector or
whatever.
Donner: The site is 28.49 acres and the larger portion where we show the site plan now
is 20 acres the remainder is for future and that is the remaining 8.49 acres. There will be
Meridian Planning & Zoning Commission
October 10, 1995
Page 20
a facility to sell and service freight liner trucks on the 20 acre parcel. The future parcel will
be for a body shop and repair center. The square footage of the building on the service
and sales center is approximately 39,825 square feet. The repair would be $31,440
square feet. A couple of items of. concern are the sewers which are presently still on the
north side of the freeway. But work is currently underway on a project across the street
from our project on the south side of Overland and if this project is approved we would
work in conjunction with them and share the.cost to bring the sewer down to this location.
If the sewer., if it is not possible to get the sewer down within the time frame that they
would like to open this service we have already talked to Central District Health and we
have hada soil scientist determine that we could have a septic system and we would put
in the septic system and utilize that until such time as we could bring the sewers in. Also,
the water would be provided by City of Meridian and we are planning to extend the water,
approximately 600 feet to get it to the site. We have read all of the letters. and conditions
from everyone at the City. The only comment was that one of Shari Stiles's comments was
about putting 4 to 6 foot berms along, the front of Overland and they are a little bit
concerned about the trucks having a site distance problem having this berm there and the
fact that none of the other properties along Overland there were for the industrial use had
berms in them. That was really the only comment that they had regarding the letters from
the City.
Johnson: Thank you, do any of the Commissioners have any questions?
Rountree: Would you explain'to me what operations would be in effect at this site. I
assume that it is a car dealership only it is a freight liner dealership is that correct?
Donner: I got more of an impression that it was more a service center for those big trucks.
Rountree: How many service calls, how many truck trips in and out on a daily basis?
Donner: That I don't know but the developer is here and he may be able to enlighten you
on that.
Johnson: We can ask later, we can't have your comments until you are sworn in. Unless
you want to confer with him and then relay it to us. We are working with the one with the
mic right now.
Donner: Which -ever way you guys want to do it.
Johnson: We can ask that question later.
3 t
Rountree: Have you discussed this with Ada County Highway District?
Meridian Planning & Zoning Commission
October 10, 1995
Page 21
Donner: Yes, there was a meeting with. Ada County Highway District and their concerns
were changes of.the curb cuts which we have agreed to and also they said that they lanes
striping would have to be revised on the roadway and that is not a problem either.
Rountree: You have a phase 2 fleet maintenance shop, is that fleet in the context of freight
liner. fleet or in a.trucking fleet?
Donner: I am not real sure. There. is nothing on the site that is proposed they don't have
any concrete plans on that at all.
Hepper: What would the hours of operation be?
Donner: I am not sure.
Hepper: It shows a row of trucks out along the Interstate, I would assume that if those ;are
placed there that those would be trucks that are for sale, is that correct?
Donner: I am not sure.
Hepper: My next question would be whether those would be new trucks or used trucks.
Donner: Again, I am sorry I don't know.
Rountree: The plat indicates another approximately 8.5 acres (inaudible) remainder of this
site for future expansion, what might that entail?
Donner: That would be the repair shop area.
4 4
Rountree: So there would be a difference between fleet maintenance and repair area?
The 20 acres area shows a space for fleet maintenance shop indicated as phase 2.
Donner: From what I understand that would be a body shop type repair facility.
Johnson: Any other questions?
Rountree: I .have a question about this display area adjacent to the Interstate. It is not
indicated but I assume by the lines that is topo lines and that is going to be a raised
platform the length of the lot that would perch the trucks up above whatever elevation
those lines are.
Donner: Yes that is the indication.
141
Meridian Planning & Zoning Commission
October 10, 1995
Page 22
Rountree: What is that elevation? You don't know if those are 1, 2 -or 5 foot contours,
probably not more than two.
Donner: No, because it is reasonably flat, (inaudible).
Crookston: Where is this property in relation to the driving range?
Donner: Right next door, it is over here on the west.
Crookston: The driving range is west of this piece of property.
Donner: 1 believe so.
Johnson: I don't know if you have a copy of this plat but that is what it says here but that
is what it says to the west. Thank you, we will probably need to hear.from the developer
because it seems like we need some more concrete specific answers on this, those
elevations and some of the usesproposed. I would like to know what fleet maintenance
is, if that is a detail shop or a body shop or what it is because I can see that as quite "a bit
of difference between the two.
Donner: Thank you very much.
Johnson: Would the developer like,to come forward at this time, we can talk to you after
we get the public's comments or whatever, we will give you both opportunities.
Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney.
Howell: I`am happy to fill in any of the gaps here. Unfortunately Kristina wasn't the primary
worker on this project and was called in short notice. So maybe I could help out here.
Johnson: How about just start with a couple of Charlie's questions if we could, do you
know the elevation of the display area long 1-84?
Howell: I believe that is 8 foot elevation from grade.
Johnson: Are we talking a berm similar to what is on some of the other properties to the
west there?
Howell: Precisely
Johnson: And then the other thing is what is fleet maintenance shop as opposed to this
Meridian Planning & Zoning Commission
October, 10, 1995
Page 23
proposed (inaudible) for repair?
Howell: ' It� is primarily the (inaudible) full service facility and that will primarily be the
service building for the semi trailer as opposed to the power tractor.t Essentially the same
usage it just needs to have different dimensions. It will have by the way a body shop and
paint shop.
Johnson: And that will be in the phase 2 indicated here?
Howell: Yes
Johnson: So if you could elaborate a little more on what is planned in the future expansion
in the 8.49 acres.
Howell: The 8.49 acres won't be used by my company, it is simply a, it is probably going
to be marketed and really.
r
Johnson`.At this point you are talking a tenant or a sale?
Howell: We are talking sale of the future site.
Johnson: Any other questions of the developer?
Rountree: The_question was raised about the display area whether that would be new or
used vehicles.
Howell: All new.
Rountree: And I asked about traffic in and out, what kind of daily trips do you anticipate
with'tractor trailers, what sizes?
Howell: The primary usage of course is full size over the road tractors and trailers. Trailers
ranging up to and including 53 foot. We haven't obviously done a scientific study of the
numbers but I would offer as a round figure, offer possibly 75 to 100 entrances and exits
combined.
Rountree: That is per day i
Howell: Yes
Rountree: What are your operating hours?
Meridian Planning &Zoning Commission'
October 10, 1995
Page 24,
Howell: 7:00 a.m. currently run to 12 p.m.
Rountree: Would you envision triples in+and out of there on occasion?
Howell: ° Very rarely, we don't service that typeof equipment.
Rountree: Mostly single units then, what kind of. trailers do you service, anything from farm
to over the road type?
Howell: Pretty much over the road, all the different configurations.
Rountree: What activities do you have going on at 12:00 at night?
r
Howell General maintenance.
Rountree: In'your shop areas?
Howell: Right
Johnson: How many employees do you have, or anticipate having?
" Howell: Maximum gear of probably 60.
Johnson: If you have 60 you are going to have more than 75 trips a day.
Howell: We are talking about (inaudible)
Johnson: Do you have a leasing operation?
Howell: Not at the moment, it is
Johnson: Do you have;full service leases?
Howell: We don't at the moment but foresee that as;a great eventuality. -
Johnson: Any other questionsof the developer at this time? Thank you Mr. Howell is
there anyone from the public that would like to address the Commission on this public
hearing?
Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 25
Merritt: Transport Truck and Trailers, Bill Howell request for annexation and rezoning and
conditional use permit. I come tonight as a, representative of the Meridian Greens
Subdivision acting as President. The Meridian Greens Homeowners Association which is
225+ homes and more to be added request to go on record as totally opposed to the
subject application for the following reasons. The proposed location for transport truck
.and trailer service sales and service facility is not appropriate in keeping with the present
planned use of the adjoining and local property. for the following reasons. Overland Road
presently at 2 lanes and in the planned near future 3 lanes is not designed for this type of
use. The traffic intersection at either Eagle Road, Overland Road or Meridian is not
designed or presently planed for this type of based traffic volume and traffic°safety issues.
Private cars, school buses, commercial vendors enter and leave the several subdivisions
along Overland Road between Meridian Road and Eagle Road. There are also
considerable traffic from Locust Grove entering Overland. =So our main concern obviously
is going to be traffic and safety. Already existing developments around the area must use
Overland for means of egress and access, additional traffic signals would possibly be
necessary. The increased noise level brought about by the increased highway type traffic,
truck traffic on Overland Road would be a major annoyance`and problem for the residents
in this area. The type of tall standard lighting which would be required for this type of,
facility, also 'is not compatible`with the planned R-4 zoning on the south side of Overland
Road. The 24 hour per day service which goes on in this type of building, he talked about
the hours that they would be open really is not compatible with any of the present
businesses 'that are currently along Overland Road or proposed'future use of the property
along Overland Road. Basically the businesses along Overland Road now are fairly
compatible with the residential tone of that area such as Arnold Machinery and Caterpillar.
They are pretty much 8 to 5, five days a week and it blends in with the harmony of the
residential area. When you start introducing high volume,. heavy capacity truck traffic of
all flours of the day at that point it really doesn't become compatible we feel. So most of
the points listed above will definitely incur an increase in the tax dollars for the residents
in Meridian, it could also lower the property values of the -surrounding homes in the area
thereby decreasing the property, tax base for the City of Meridian. And for the above
stated reasons the Meridian -Greens Homeowners Association strongly feels that this
application should.,be denied. Obviously there are places more suitable to this type of
business that is already zoned and maybe more in mind for this type of business. At this
time that is the statement that i would like to make and i would like to leave you gentlemen
a copy of our statement.
Johnson: Any questions of the President of the Homeowners Association. Anyone else
from the public like to address the Commission at this time?
Roy Harada, 871 East St. Martin Drive, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 26
Harada: I havebasically just three points, I have kind of a unique standpoint from most
of the people here. I am also in truck sales and I sell (inaudible) with a different dealership.
I think one point that Mr. Howell needs to clarify to you folks is ('believe contractually
freightliner requires all dealers to be open 24 hour service. I. think that is a critical point.
Number 2 the traffic flow is going to be significantly higher than what he contended at 75
to 100. Our° dealership is considerably smaller and our traffic is well over 150 to 200
vehicles a day in and out, miscellaneous types of vehicles. The type of trucks,that Mr.
Howell will be having coming in there for example, action express, triples grossing over
100,000 pounds, triple trailers and numerous other types of trucks. , I don't have a problem
with the type of business he has but I don't think it belongs in our, neighborhood. There
are five other dealerships in the Boise Valley none of them gentlemen are located near
residential areas. And for a good reason, they are noisy they are smelly and they are open
for extremely long hours. I did not build that house in that subdivision to have to contend
with jake breaks going_ up and down the hill. One of the unique features is if you look at
the road at Locust Grove to Meridian Road the road slopes down there where most of
those residential areas are sitting at. Most of your truck drivers are not going to shut the
jake breaks off so at all hours night and day those people are going to have to contend
with that noise and it is extremely loud. Those are the points that I have to make. Thank
you.
Johnson: Any questions of Mr. Harada?
Rountree: Yes I have a question, you indicated trips in and out of your business
specifically, being?
Harada: Our business is basically the same thing as Mr. Howell's. Mr. Howell's business
is, a western store and I am not sure whether he is bringing those trucks out. But the
freight liner trucks go for class 7 trucks which are medium duty trucks ,to a class 8 trucks
those trucks grossing in excess of 100,000 pounds: Along with the trucks that you have
coming in and out for service`you have vehides coming in from Cumins, Caterpillar, all the
miscellaneous service shops bring parts in. There are federal express trucks coming in
and out with parts. There are, because of freight liner's system they are set up on a
national fleet basis to handle all of their national fleet accounts. So those accounts not only
just the accounts that he handles locally will need to be serviced. So I think that it is pretty
obvious that there is going to be excessive traffic on that road. The other concern, if you
look at the flow of traffic the most commonsense way for his mechanics to check to those
trucks out after they are serviced is to use Overland Road. They will tum fright onto
Overland and then turn right onto Overland hit the Interstate, tum right again, high Eagle
and come back so that circle is going to have constant traffic, we have lots of little kids in
that subdivision and the other subdivisions nearby. There are no sidewalks on either side
of that highway for the children and it is very difficult for a trucker to see it. I drive the
Meridian -Planning & Zoning Commission
October 10, 1995
Page 27
trucks myself and it is very difficult to see a small child on a dirt lane on the side.
Rountree: Back to my question, you indicated you had 150 to 200 vehicles, I assume that
is trucks? Your business is truck sales?
Harada: Truck sales and service.
Rountree: Of a comparable size and nature? Which one is it specifically?
Harada: It is Idaho Great Basin. In comparison to the size of this facility we are probably
a third the size.
Rountree: That answers my question.
Johnson: Thank you, anyone else that would like to come forward at this time?
Becky Bowcutt, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the City
Attorney.
Bowcutt: Good evening, I am here this evening on behalf of my client G. L. Voigt
Construction. They own the property just south of this parcel, across the street on
Overland Road. As you are probably well aware of, a subdivision for single family
residential development was -approved last year for approximately 290 lots. It is, it was
annexed and rezoned with an R-4 designation. Basically I have been asked to come this
evening to request that the City of Meridian evaluate the landscaping that this particular
company is proposing along Overland Road to make sure that it is' adequate. That we
don't have some type of facility that would not be compatible with the residential across
the street. I think in the past the projects that I have had on Overland Road you have
required anywhere from 35 to 20 feet of landscaping, requested berming, submit a
landscaping plan. I had one before you last month, you asked that we come back with a
landscaping plan. I would highly recommend that with this type of'project so that someone
could evaluate the berming and the screening. Also, if you recall you requested that we
have 35 foot of landscaping along 1-84 because that is considered an entrance way into
the City. I am not here neither to oppose this or be a proponent just to make sure that
whatever transpires will take into consideration the residential development directly across
the street. Thank you.
Johnson: Thanks Becky, anyone else?
Lou Lois, 582 E. Kingsford Drive, was swom by the City Attorney.
Meridian Planning & Zoning Commission
October 10, 1995
Page 28
Lois: I would just like to reaffirm the opposition from the President of Meridian Greens, all
the things.that were stated such as safety and noise. 1 believe that those are strong
concerns. One of the things that I am -very concerned about is I cannot believe that this is
an operation that would stop at 12 midnight. I have relatives in the trucking business and
if somebody needs to make a delivery and it is quarter to twelve they are going to do what
they need to do to make sure that mechanic is going to be working overtime to get them
through and on the road again. So I have. reason to believe it would be a 24 hour
operation. In addition to that I believe I heard, please correct me if I am'wrong that this will
have a paint shop as well? That brings up an extreme concern of hazardous materials.
All the things. associated with a paint shop. The size of the vehicles we are talking about
here would probably be the equivalent of a 727 Boeing jet,or maybe a DC 10 and if you
want to know the extreme concerns and hazards associated with paint in airplanes you
can understand why many airports cannot do that type of service and have to leave it for
a facility such as Boeing or McDonald -Douglas to do their painting. So that brings up a
major concern to have that kind of a hazard so close to a residential area. That is it.
Johnson: Thankyou, is there anyone else that would like to come forward at this time?
Beth Markland, 1132 E. MastiffStreet, was sworn by.the City -Attorney.
Markland: At any rate we just want to reiterate there are a lot of us in the neighborhood
that have discussed this, we are not all here tonight. But there seems to be a consensus
and if you want us to get a petition or something together we could. probably do that.
There is a lot of opposition in our neighborhood for the same reasons. Specifically one
concern the concern of traffic there are all kinds of buses going in the morning before it is
-even, light the buses to Lake Hazel, some of the buses to some of the elementary schools,
they leave at like 6:50 in the morning and they are driving out there on Overland and on
Locust Grove. It just seems like a pretty scary prospect to have kids out there in the dark
having to stand up next to these big trucks. Another concern I had and I don't know if we
need to ask the developer or not, but the other gentlemen raised the question of
hazardous'materials. Are some of the trailers, some of the trucks that are going to be
served going to be tankers and hauling hazardous materials, gasoline and that type of
thing because then that seems like that would quadruple the risk. The obvious concerns
of noise, traffic, and ince like our neighborhood and we would like to keep it primarily
residential. Again we don't care, we -want business to boom in Meridian but we would
rather have it be someplace more appropriate.
Johnson: Thank you
Rountree: I have a question? Did you indicate you .represented your 'neighborhood
association?
Meridian Planning & Zoning Commission
October 10, 1995
Page 29
Markland: No
Neda Hagner, East Kingsford Drive, was swop by the City Attorney.
Hagner: I moved to Meridian Greens because of the type of neighborhood that it is. I
have grandchildren living in Sportsman Park I am upset that there are no sidewalks and
that Meridian Greens faces on Overland which is only two lanes. It is really not even
adequate for the traffic that already exists on that road. And as more and more homes are
already approved to go in the traffic congestion on Overland is really frightening and the
fact that my grandchildren who want to -come to�visit me,aren't safe to walk even under
(inaudible) conditions. So that I go over and pick them up or (inaudible). If we have these
monster trucks on Overland it is like you are putting barriers to enjoyment of our homes.
I think the value of our homes will be sky rocketing down but I think safety is the bigger
issue than the value of the houses. I think that this definitely should be turned down and
I know many people in Meridian Greens, and I can't speak for anybody but myself, but
many people that I have spoken today at Meridian Greens who couldn't be here tonight
feel the same way i do. So I ask you please turn down this request. Thank you.
Johnson:` Any questions? Is there someone else that would like to come forward?
Ron Thomas, 2600 East Overland Road, was sworn by the City Attorney.
Thomas: 1 have a piece"of property just east of about 150 feet east of this project. My, the
only concern I have, I have a lot of,concerns, but my major concern and one of them is this
sewer, the ground septic system. I can't hardly imagine Ada County Health District
allowing such a thing to be built. Especially when everybody else is required to hook onto
a sewer system. The traffic is bad, I have a 300 foot run to get'on Overland and it takes
me five minutes to get on Overland now andl can hit it at 60 miles and hour. (Inaudible)
I understated they are going to widen Overland but I have lived out there for 20 some years
and I have (inaudible) probably have to have a tractor to get down that. Maybe they will
do something about it I don't know you keep a semi on the road they are (inaudible) it
bounces all over the place. That is my major comment was a concern, one of my concerns
is the sewer or a septic system. That just amaes me that anybody or that Ada County
Health or whoever it is would allow an above the ground sewer system, septic system.
Thank you.
Johnson: Thank you, anyone else like to speak tonight?
Rick Reever, 1157 E. Puffin Street, was sworn by the City Attorney.
Reever: 'I live in the Sportsman Point Subdivision and as you heard earlier we have yet
Meridian Planning & Zoning Commission
October"' 10,' 1995
Page 30
to nominate, anybody that can represent the subdivision. However I was fortunate enough
to receive one of I assume several dozens of flyers that were passed out that expressed
the concerns of this proposed development. And probably there will be more issues
covered in the next document after this but I will go ahead and express my concerns. I
have the pleasure of getting caught behind a Fred Meyer triple tractor trailer rig yesterday
that must have been lost. Missed the turn off at Eagle to get on 1-84 and continue down
Overland and that section of the road is in.. not the best condition. I thought for a few,
minutes that the tractor trailer rig was going to go someplace else other than west on
Overland to Meridian and I assume onto the freeway. But if definitely held up traffic, I was
probably only minutes behind a school bus because I could still see kids walking, away
from Overland. I assume there would be times that if this proposed facility was built there
would be other drivers that are not familiar with the area that venture past this area. And
quite possibly would go into a subdivision and turn around and find their way back out.
I have been behind tractor trailer rigs before in our subdivision during and housing
construction it is still ongoing and it is not pleasant. However I have been told day after
day that soon coming to an end. Another concern is access (End of Tape) also with
increased traffic congestion I have been behind tractor trailer rigs before at 6:30 in the
morning accessing 1-84 from the Eagle on ramp and it is very difficult to get on the freeway
when you are behind such a vehicle that can only travel may 20 to 30 miles top speed
when it hits the freeway might be 40 yet you are trying to access traffic. With a proposed
shopping mall at that southeast corner of that on ramp that is only going to add to the
congestion. But I think my main point is sure we can do a quick fix to Overland Road, turn
it into'a four lane super highway or whatever and accommodate these vehicles. That still
isn't going to solve the problem. It is going to be a traffic hazard, there: are more and more
kids in that area that whole square mile between Overland, Eagle, Locust Grove and
Victory is proposed for development. There are going to be that many more kids in the
area and potentially more problems. All I can say is I,have been near one of these
facilities in Pendelton, Oregon on the same Interstate, 1-84 and I was really quite glad to
see where the location of the facility is. It is about ten miles west of town it is near no
development, they obviously have their own off ramp, maybe it coincides with farmers in
the area, that is probably the perfect place for such a development. That is all I have to
say.
Johnson: Thank you, next.
Nicole"Garduno, 1386 East Peacock, was sworn by the City Attorney.
Garduno: I just want to get on the record that I too am opposed to this. My main concern
is the safety, I am the mother of two. My kids.often like to go to the Playground which they
are, from my understanding they are going to expand and have a whole bunch more like
bumper boats and other things there. They like to go there in the summertime, ride their
Meridian Planning & Zoning Commission
October 10, 1995
Page 31
bikes and we happen to be our subdivision is the downcline, a gentlemen had mentioned
earlier and I cannot see those trucks stopping that fast for a child on his bike or a child
walking to the playground. That is my main concern is the safety, the safety of our kids and
we have a lot of kids in Sportsman Point that just love to go down there and it is only going
to get worse with the number of homes being built. So I want to go on record of saying
safety issues are my main concern.
Johnson: Thank you, anyone else like to come forward?
Mark Wilson, 1004 E. Shepherd Street, was sworn by the City Attorney.
Wilson: I would just like to echo the same objections that the other homeowners in the
Sportsman and the other surrounding developments have. I spend 24 years in the Air
Force and I have run similar facilities in aircraft maintenance and I am here to tell you that
they will generate a lot of hazardous waste if we don't have an oil water separator at least
and the sewer system will be contaminated for years to come. So, that is all I have to say.
Johnson: Thank you.
Karen Frisch, 1622 South Goldsmith Avenue, was sworn by the City Attorney.
Frisch: I would just like to say, there is one more subdivision that this would affect, Hunts
Bluff. i livef right on Overland and Goldsmith so I 'am right there. 1 have two small children,
3 and 5, and. I just I am opposed that they would put such a thing in this area that is
supposed to be for families. We built our house here a year and a half ago, I didn't realize
this would happen. I really don't'want it to happen.
Johnson: Thankyou, is there anyone else that would like to come before the Commission?
Seeing no one then I will Gose this public hearing at this time. I should reopen the hearing
and ask if the developer at this time would like any time for rebuttal, it is not necessary it
is strictly up to you. Okay, thank you, I will close the public hearing then. What is, your
pleasure? This is for the annexation and zoning so it would take findings of fact.
Shearer:: 'Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law for this project.
Rountree: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
Meridian Planning & Zoning Commission
October 10, 1995
Page 32
MOTION CARRIED: All Yea
Johnson: At this time before we take a break the City Attorney will explain to you what we
are doing at this stage for those of you that aren't used to coming to. these meetings.
Crookston: What we do now is prepare findings of fact and conclusions of law, many of
you have been here tonight when the Commission already acted on some findings. Those
applicants had a hearing similar to this, they will be presented by the Commission at the
next Planning and Zoning meeting which is November 14th. If the Commission desires to
adopt those findings, it then would go to the City Council, there will be another public
hearing, you,may present additional testimony, it can be entirely new evidence, it can be
whatever you want. It is a total new hearing that is before the City Council. The City
Council then either adopts the Planning and Zoning findings of fact and conclusions of law
or if new testimony is presented they will ask to have new findings. It is ultimately the Cit
Council's decision as to whether or not -this is annexed and zoned. There are also is
another hearing tonight for their conditional use. The same thing would happen to; that
conditional use. However, a conditional use permit in a commercial zone does not
necessarily have to have another public hearing., Only if it were in a residential zone is a
public hearing required before the City Council. So after the Commission adopts their
findings of fact they are available to the public.
FIVE MINUTE RECESS
ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
TRUCKLTRAILER SALES FACILITY BY BILL HOWELL:
Johnson: This is a public hearing you can incorporate the testimony obviously from 14 but
if anybody wishes to speak again they may do so. I would just request that you not be
redundant. At this time I will open the public hearing and invite Mr. Howell to speak or his
representative. f
Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney.
Johnson: Does the Commission have any questions -of Mr. Howell at all regarding the
conditional use part of the application?
Crookston: If you are going to incorporate the testimony from the annexation and zoning
hearing you need to make a motion to do that.
Johnson: We will do that before we close this public hearing. Thank you, does anyone
have any questions at all at this time? Do you have any statements to make?
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Annexation & Zoning of 28.49 Acres to C -G)
COUNCIL' MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT'D. CORRIE
WALT W.' MORROW
t
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
October 6, 1995
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. The legal description submitted with this application for annexation and zoning appears` to
describe the subject parcel, however it needs to be revised so that the northerly boundary
is the northerly boundary of Interstate 84 rather than the centerline. Magic View Estates
Subdivision, a County Subdivision, lies north of the Interstate. The parcels on either side
of the subject parcel'were annexed as part of the annexation for St. Luke's West. Those
descriptions included all of the adjacent Interstate.
III
TRANANER.P&z
TO: Planning & Zoning Commission, Mayor and Council
FROM: 4iri L. tiles, Planning ,& Zoning Administrator
DATE: October 6, 1995
SUBJECT:. Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and Service Facility by Bill Howell
1. Details "of the landscaping plan are needed for review and approval. Four- to six -foot -
high berms should be included along Overland Road to reduce impact of headlight glare
on adjacent residential property. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500. square, feet of pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road are both
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely be required
by ACHD. k
3. The proposed realigned subdivision boundary would require a plat to be prepared, as
these are not platted lots. 1.
4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations.
6. Applicant's representative has stated this facility will be an 8:00 a.m. to 5:00` p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
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OFFICIALS
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
A Good Place to Live
RONALD R. TOLSMA
GTON
JANICE L. GASS, City Treasurer
D.SMITH,P., City Engineer
CITY OF MERIDIAN
ROBEMAX RT D. CORRIE
BGARY ,
RUCE Water Works Supt.
WALT W. MORROW
JOHN T. SHAWCROFT, Waste water Supt.
33 EAST IDAHO
p & Z COMMISSION
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
MERIDIAN, IDAHO 83642
JIM JOHNSON, Chairman
PATTY A. WOLFKIEL, DMV Supervisor
Phone (208) 888-4433 • FAx (208) 887-4813
MOE ALIDJANI
KENNETH W. BOWERS, Fire Chief
Public Works/Building Department (208) 887-2211
JIM SHEARER
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
Motor Vehicle/Drivers License (208) 888-4443
CHARLIE ROUNTREE
TIM HEPPER
GRANT R KINGSFORD
MEMORANDUM
Mayor
TO: Planning & Zoning Commission, Mayor and Council
FROM: 4iri L. tiles, Planning ,& Zoning Administrator
DATE: October 6, 1995
SUBJECT:. Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and Service Facility by Bill Howell
1. Details "of the landscaping plan are needed for review and approval. Four- to six -foot -
high berms should be included along Overland Road to reduce impact of headlight glare
on adjacent residential property. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500. square, feet of pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road are both
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely be required
by ACHD. k
3. The proposed realigned subdivision boundary would require a plat to be prepared, as
these are not platted lots. 1.
4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations.
6. Applicant's representative has stated this facility will be an 8:00 a.m. to 5:00` p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
A
Q
P&Z Commission, Mayor and Council
October 6, 1995
Page 2
7. Illumination shall be designed to not cause glare 'or adversely impact neighboring
residential uses and freeway traffic.
8. A development agreement is required as a condition of annexation. It would be
preferable to have a detailed list of conditions in lieu of a development agreement.
t
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ORIGINAL
BEFORE THE PLANNING AND ZONING COMMISSION
BILL HOWELL
ANNEXATION AND ZONING AND CONDITIONAL USE
SOUTH OF I -84 -AND BAST OF LOCUST GROVE
a
A PORTION OF THE SE 1/4 OF THE -AW 1/4 OF SECTION 17 T.3N R.1E.
BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO
I MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The `above entitled annexation and zoning application having
come on for consideration on October 10,. 1995, at the Meridian City
Ball, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30
o'clock p.m., the Petitioners representative, Kristina Donner,
appearing, and the Planning and Zoning Commission having heard and
taken oral and written testimony, and having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
public hearing scheduled for October 10, 1995, the first
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publication of which was fifteen (15) days prior to said hearing;
e
that the matter was duly considered at the October 10, 1995
hearing; the Applicant's representative, Kristina Donner, appearing
in person, that the public having been given full opportunity to
express comments and submit evidence; and that copies of all
notices being available to newspaper, radio and television
stations, the Planning and Zoning Commission hereby takes -action on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1
the Findings of Fact and Conclusions of Law.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
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approximately 28.49 acres in size; that -on the 20 acre parcel, the
Applicant proposes a facility to sell and service Freightline
trucks; that the remainder 8.49 acres would be for a future body
shop and repair center.
3. That'the property is presently zoned by Ada. County as R -T
(Rural Transition)-; that the Application requests that the property
be zoned,General Retail and Service Commercial (C -G) and Applicant
has requested a conditional use permit to allow for the sales and
service of trucks/trailers; that the Application is incorporated
herein as if set forth in full.
4. .. Adjacent to this development is the I-84 Interstate
freeway and Overland Road; that the major arterials of Eagle Road
and Locust Grove Road are nearby; that to the west is the
Playground RV Park and driving range; that to the east is the
1
future expansion of this development of the 8.49 acres; that across
the Interstate to the north is Magic View Subdivision; to the north
and east,across the Interstate is the Jackson's Travel Center,
currently under construction; that across Eagle Road to the east of
Jackson's Travel Center is the proposed St. Luke's Medical campus,
currently under construction.
5. That the property is adjacent and abutting to the present
City limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE 2
6. That Bill Howell,: is'the Applicant; that the owner, Par
3, an -Idaho General Partnership, Richard M. Phillips, General
Partner, has consented to the application and has requested this
annexation, zoning and conditional use and the application is not
at the request of the City of Meridian.
7. That the Applicant's annexation and zoning application
stated that the present use of the land is agricultural, that the
proposed use is industrial, that the proposed district is C -G,
General Retail and Service Commercial, that the proposal 'is
compatible with other industrial facilities adjacent to the
project, and that the property would be harmonious with adjacent
developments; the annexation and zoning Application also states,
"The proposed- zoning amendment relates to the Meridian
Comprehensive Plan in that it will be adhering to the mixed plan
usage of the Plan, and being close to the interstate is in an area
that is, intended for industrial use."
8. That Ms. Donner testified that there will be a facility E
to sell and service Freightliner trucks on the 20 acre parcel; that
the future parcel, consisting of the 8.49 acres, will be for a body
shop and repair center, to be constructed in a phase II
development; that sewer is of concern because it is only on the
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north side of the Interstate; that they would work in conjunction
with other developers to•bring the sewer to the south and share the
cost; that if sewer is not available when they would like to open,
they have discussed this with the Central District Health
Department and they would propose to put in a septic system and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE'- 3
utilize that until theycould bring the sewer in; that they plan to
a
extend the water lines 600 feet to get water to the site. She also
stated that they had concerns over the statement of Shari Stiles
about requiring four to six foot .berms along the front of Overland
and they are a little bit concerned about trucks having site
distance problems and that none of the other properties along
Overland used for industrial uses were required to have berms.
In response to a question by Commissioner Rountree about the
lines on a map being topographical lines and the map showing{ a
raised platform the length of the lot that would perch the trucks
up above the elevation lines shown on the map, Miss Donner
indicated that that was what it showed. She also stated in
response to a question, that the Playground driving range was right
next door to this property to the west.
9. That the Applicant, Hill Sowell, testified to clear up
some gaps left by the earlier testimony of Ms. Donner; that the
y.
elevation of the display area along I-84 is believed to be an 8
foot elevation from grade; that the display will be of all new
vehicles; that the proposed fleet maintenance shop is primarily a
full service facility and the phase II plan within the 20.00 acres
will be for a body/paint shop; that the 8.49 remaining acres will
not be used by the Applicant's company; that it is simply going to
}
be marketed; that the anticipated daily trips of the full size road
tractors and trailers, ranging up to and including,53 foot, could
possibly figure to be 75 to 100 per day; that the operating hours
are 7:00 a.m. to currently 12:00 p.m. and that general maintenance
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 4
a
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is the activity going on at 12:00 at night in the shop areas; that
the anticipated maximum employees., will probably be 60; that the
I
Applicant foresees as a great eventuality, full service leases.''
10. There were several property owners in the immediate area
who testified at', the October 10, 1995, hearing about the
Application; the testimony can be summarized as follows:
1. Kevin Merritt, acting as President of the Meridian
Greens Subdivision of approximately 225+ homes,
wanted to go on record as totally opposing this
Annexation for several reasons. That the proposed
location for the transport truck and trailer
service sales and service facility is not
appropriate in keeping with the present planned use
of the adjoining and local property; that based'on
the traffic volume, and traffic safety issue, this
proposed development is not compatible.
2. Roy Harada testified that he also is in truck sales
with a different dealership; he points out that
contractually, freightliner requires all dealers,to
be open 24 hours; that the traffic flow is going,to
be significantly higher than what Mr. Howell
represented, and be well over 150 to 200 vehicles a
day in and out; and that developments of this type
are typically noisy, smelly and are open extremely
long hours; that the freightliner class 7 trucks,
which are medium duty trucks to a class` 8 truck,
grossing in excess of 100,000 pounds, are your
typical trucks, along with Cumins, Caterpillar, all
of the miscellaneous service shops bringing parts
in as well as Federal Express trucks; that another
concern regarding the excessive traffic might well
be the mechanic needing to check out the trucks
after servicing to use Overland Road, turn right,
hit the Interstate, turn right again, hit Eagle
Road, making a circle, thus adding to the safety
factor of"the kids in the nearby subdivisions.
3. Becky Bowdutti of Briggs Engineering, testified
that on behalf of her client G. L. Voigt
Construction, whose property just south of this
parcel was approved for approximately 290 R-4
designation lots; that Ms. Bowcutt requests that
the City of Meridian evaluate the landscaping that
-is being proposed by the Applicant and that a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL
PAGE - 5
1
landsca P 9 P Y PP in lan be submitted b the A licant and
an evaluation be done regarding the berming and the
screening at the entrances at I-84 and along the
interstate.
4. That Lou Lois- testified that he affirms the
opposition from the President of Meridian Greens
Subdivision with regard to the safety and noise;
that he believes that this type of operation is not
one that would stop at midnight but be more a ;24
hour operation; that the paint shop and of,
hazardous materials so close to residential areas
was also a concern of Mr. Lois'.
5. That Beth•Markland testified that she also is `in
opposition to this proposed annexation for the same
reasons previously stated, specifically the traffic
concern, the possibility 'of these trucks hauling
hazardous materials and the noise.
6. Neda Hagner testified that `she too wishes to add
her concerns regarding the traffic congestion on
Overland already being frightening and the safety
of children and grandchildren; that having these
monster trucks on Overland is like putting }up
barriers to enjoyment of their homes.
7. Ron Thomas testified that his major concern is the
ground septic system and the Ada County Health
District allowing such a thing to be built; that
the traffic is bad now and would only get worse'.
8. That Rick Reever testified that he lives � in
Sportsman Point Subdivision and his concerns Elie
with the traffic situation and the access to the on
ramp at I-84; that with the proposed shopping mall
at the southeast corner of the on ramp at Eagle
Road, this will only add to the congestion ,and
potentially more safety problems for the kids in
just the square mile between Overland,, Eagle,
Locust Grove and Victory.
9. Nicole Garduno testified at the hearing voicinglher=
opposition to the proposed annexation- and zoning
mainly for the safety issues.
;rt .
10. That Mark Wilson testified, echoing- objections with
regard to the hazardous waste that this project
will potentially generate and the possibilities of
contamination of the sewer system years done the
road. °
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6
11. Karen Frisch, from Hunts Bluff Subdivision,
testified that her subdivision likewise will be
affected; that she also is opposed to this proposed
annexation.
11. There was no, other testimony regarding the annexation and
zoning given.
12. That testimony regarding annexation and zoning was
incorporated into the record of the Conditional Use Permit
Application; that Mr. Kevin Merritt also testified, reiterating his
statements he made on the ,annexation- and zoning; that Stewart
Edwards testified that the noise of this plant would be quite an
impact of the trailer park next door; that the roads, in his
judgment, will not hold up under the kind of traffic and the rigs
that will be generated, especially on Overland Road.
13. That the Assistant to the City Engineer, Bruce
Freckleton, Shari Stiles, Planning'&Zoning Administrator, Meridian
City Police and' Fire Departments., Central District Health
Department, and Nampa & Meridian Irrigation District, submitted
comments; that those comments are submitted herein by this
reference. and are hereby incorporated herein as if set forth' in
full.
14. That Assistant to the City Engineer, Bruce Freckleton,
commented that the legal description submitted with the -Annexation
1
and Zoning application needs to be revised so that the northerly
boundary is the northerly boundary of Interstate 84 rather than'the
centerline; that he commented in the application for annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7
zoning for the .property
I
in the northeast quadrant of the
intersection of Overland Road and Eagle Road, the Power Mall, which
comments are equally applicable ,to this •Application, that any
existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605 M; that any existing domestic wells and/or septic systems with.,
this project shall be removed from their domestic service per City
1
Ordinance, except for wells may be used for non-domestic purposes
such as landscape irrigation; that off-street parking, paving.and
striping, drainage plan, outside lighting, and all signage shall be
in accordance with City Ordinances; that a profile of the
subsurface soil conditions shall be submitted to determine the
seasonal high groundwater elevation and that water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model; and that- specific site comments
were the following:
a. That the Public Works Department shall be provided with
information on anticipated fire flow and domestic water
requirements for the proposed site, as this is critical for
determining the water serviceability for this proposal;
b. That at this time this site is not serviceable by the
Meridian City Water System or by the Meridian City Sanitary
Sewer System; that the Applicant will be required to construct
12 inch diameter water mains from the City's current points of
terminus in Overland Rd. to and through the proposed site;
c. That assessment fees for water and sewer service are
determined during the building plan review process, in
addition, 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.
15`. That Shari Stiles, Planning & Zoning Administrator,
submitted comments; that details of the landscaping plan are needed
FINDINGS OF FACT'AND CONCLUSIONS OF LAW - HOWELL PAGE- 8
for review and approval; that four to six-foot high berms should be
=included 'along Overland Road to reduce the impact of headlight
glare. on adjacent residential property;- that City Ordinance
requires a minimum of one (1) three-inch caliper tree per 1,500
square feet of pavement, however this requirement is unrealistic
_i.
for this development, however careful planning of landscaping is
required'and must be approved prior to obtaining building permits;
that I=84,,1 and Overland Road are both designated as entrance
corridors in the Comprehensive Plan and therefore require a 35 -foot
}
minimum landscape setback; that perimeter and internal landscaping
is also required; that five- ``foot (5' ) sidewalks shall be installed;
that the, proposed, realigned subdivision boundary would require a
plat, to be prepared, as these are not platted lots;e that any
existing irrigation or drainage ditches crossing the property shall
be tiled per City Ordinance; that a drain ditch currently exists
along the eastern property boundary which need to be tiled; that a
Certificate of Occupancy is required prior `to opening and that
noccupancy would be contingent upon meeting all zoning, building
code, public works, Fire Department and agency regulations; that
i
the possibility lies in that overnight repair work will be needed
which would require this facility to be open longer in which case
the Applicant may need to provide soundproofing of 'Ithe
service/maintenance shop to avoid disturbing the residential areas;
that illumination shall be designed to not cause glare or adversely
impact neighboring residential uses and freeway traffic; that a t
Development Agreement is required as a condition of annexation'and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9
t
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APPlcation:
1. Under LAND USE
Comprehensive Plan May, Page 22
The land use delineations depicted in the
Comprehensive Land Use Map are not precise, but
rather the Comprehensive Land Use Map represents a
long-range vision of community development in
generalized areas. -The map represents a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE,- 10
{
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that it would be preferable to have a detailed list of conditions
in lieu of a_development agreement.
16. 'That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
17. That the parcel of ground requested to be annexed is
presently included within. the Meridian Urban Service Planning Area
a �
(U. S . P . A. ) as � the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and is in the Eastern Industrial Review
_Area.
18. That the property may be able to be physically serviced
with City water, 'if applicant extends the lines; that the ability
to provide sewer service to the property is unknown at this time
and the,,City Engineer did not submit comments regarding providing
sewer service to the property.
19. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision lots
and other uses.
20. That the following pertinent statements are made in the
Meridian. Comprehensive Plan and are specifically applicable to this
Application:.
1. Under LAND USE
Comprehensive Plan May, Page 22
W
The land use delineations depicted in the
Comprehensive Land Use Map are not precise, but
rather the Comprehensive"Land Use Map represents a
long=range vision of community development in
generalized areas. -The map represents a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10
9
compilation of input and ideas expressed by
citizens, community groups and local leaders. �.
a
f
LAND USE GOAL STATEMENT, Page 23 r.
1.10U Promote the design of attractive roadway
entryway areas into'Meridian which will
clearlyidentify the community.
1.11U Protect citizen investments in existing
public facilities, (water, sewer,,
streets, fire, police) by encouraging
controlled growth through city planning
reviews `and development agreements.
INDUSTRIAL POLICIES, Page 24
3.3 Access to industrial areas from collector and
local streets will be discouraged.
3.4. Industrial uses adjacent to residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.5 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
Easter -Eagle Road Light Industrial Review Area,
Page 25
3.14 The character, site improvements and:'type of
light industrial developments should be harmonized.,
with the residential uses in this area.
3.16U Land uses„within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements. {
2. Under TRANSPORTATION, Page 43
Existing Conditions
Overland Road, East of Linder, is listed as a Minor
arterial.
3. Under COMMUNITY DESIGN
Entryway Corridors, Page 72
Entryway corridors' are arterial
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL
roadways
PAGE - 11
entering the community that introduce both visitors
and residents to Meridian. City -designated gateway
arterials include the following streets:
a. I-84 (East and West entrances).
f. Eagle Road (North and South entrances)
g., Overland Road (East and West entrances)
Entryway corridors are a community's front
door. It is acknowledged that the corridor -'s- trees
(or lack thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.
Therefore, the entire community and, most
specifically its governing bodies, have the right
and the responsibility to guide the development and
redevelopment that occurs along entryway corridors.
Entrance Corridors Goal Statement, Page 73
.Promote, encourage, 'develop and maintain
aesthetically -pleasing entrances to the City of
.Meridian.
Neighborhood Identify Goal Policies,,Page 74
` 6 AU Limit the conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
21. That the property is included within"an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planned Use Development Area.
22. That the requested zoning of General Retail and Service
Commercial,, (C -G) is defined in the Zoning Ordinance at 11-2-408 B.
11. as follows:
"(C-G')°General Retail and Service Commercial: Thepurpose 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
FINDINGS OF.FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 1'2
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."
23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
i
Commercial, lists commercial uses allowed in the various zoning
districts` of the City; that planned commercial developments, are An-
allowed
m
allowed use in the C -G district.
24. That Planned Development is defined in 11-2-403 B, at
page 20; of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial,`or'commercial or a mixture of compatible uses. aA
Pb does not necessarily correspond to lot size, bulk, density,
Tot coverage required, open .space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and.a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
,unusual design flexibility to achieve a completely logical and
complimentary conjunction ''of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities or a PD' which includes a mix of residential,
commercial or industrial uses."
and a Planned Commercial Development is defined as follows:
"Any development in which -the principal use of `land is for
commercial .purposes . "
25. That -in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-65.13 Idaho Code,
relating to subdivision, ordinances, states as follows:
,FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13
"Each such ordinance may provide for mitigation of the effect's
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.";
that the :.City of Meridian is concerned with the increase in
population, that is occurring and'with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those,
moving into the City; the City is also concerned that -the increase
in population is burdening the schools of` --the Meridian School
District which provide school service to current and future
residents of the City; that the City knows `that' the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset -the cost of providing
fire, police, emergency health care, water, sewer., parks and
recreation services; and. the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the industrial
and commercial developments do provide taxes for providing fire,
police, emergency health care, water, sewer, parks and recreational
services for people that are here, and which will come here.
26. That pursuant to the instruction, guidance, and direction
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
FINDINGS OF'FACT AND CONCLUSIONS OF'LAW - HOWELL PAGE - 14
b
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of the citizens of the City of Meridian.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or, shopping areas;
the pedestrian easement shall be at least ten feet (101)
wide."
28.-: 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
(201) wide, and shall not be a part of the normal street right
of way or utility easement."
29. That Section 11-9-605 H 2. states as -follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the 'community
(such as trees, watercourses,' historic spots and similar
irreplaceable amenities) shall be preserved in the design.,of
the subdivision;
30. That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser xextent,, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for'`the,protection of residential properties
from adjacent_ arterial streets, waterways, railroad rightssyof
way or other features. As improved areas (landscaped), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15
F
5. To enhance local identification within the area due to
the internal linkages; and
6.- To link residential neighborhoods, park areas and
recreation facilities."
31. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate, transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle -Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and- pedestrian
pathway provisions within.developments."'
32. 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.
33. 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:
1. A development pattern in 'accord with the goals,
, objectives and policies of the Comprehensive Plan;
5. a A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
34. That 11-9-607 E,° of the -Subdivision Ordinance, ;states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth in
the Section. A PD`shall be governed by the regulations of the
district or districts in which said PD is located. The
approval of the Final, Development Plan for a PD may. provide
FINDINGS OF.FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 16
for°such exceptions-from,the district regulations governing
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this Section."
35. That 11-9-607 F, of the'Subdivision Ordinance, states in
part as follows:
1.. Planned Developments - Planned developments shall be
subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
8. Financial Guarantees - The developer shall post financial,
guarantees for all approved on-site improvements if
required pursuant to' 9-606 C."
36. The Applicant submitted an Application and materials and
documentation for a conditional use permit for a truck/trailer
sales and service facility; that such Application, materials and
documentation on the conditional use are incorporated herein by
this" reference as if set forth in full; that the Applicant
submitted materials on the conditional use request and did
reference, how the truck/trailer sales and service '"facility would be
operated; there were comments from the public which pertained to
the annexation and zoning and to the conditional use permit, and
such are incorporated herein as if'set forth in full for purposes
of the application for the conditional use permit.
37. That proper notice was given as required by law and all
,procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
A. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
FINDINGS OF FACT AND CONCLUSIONS OF LAW --HOWELL PAGE - 17
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That the City Council has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter, 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F. That 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.
G. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation of the City of Meridian.
H. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
FINDINGS OF 'FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
I. That the development of annexed land must meet and comply
with the Ordinances of, the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways.
J. That this Application has been difficult for the
Commission to decide because of opposition to the Applications,
which could dictate that the Application be denied, and because of
the Meridian Comprehensive Plan which shows the land as being in an
area shown as a Mixed/Planned Development Area, which could dictate
that the Application be approved; that the°Commission understands
the -objections and sympathizes with them on an individual basis and
understands the Comprehensive Plan's direction for development of
the area; that the duty of the Commission, however, is not to be
controlled by the interests of individual property owners, and their
concerns, but also the Comprehensive Plan is just that, a plan and
not a' controlling ordinance; that this statement that the
comprehensive plan is not controlling is supported by Balzer v.
Kootenai County Bd of Commis, 110 Idaho, 37, 714 P.2d $ (1986) ,
stating that Section 67-6511, Idaho Code, does. not require a zoning
ordinance's land use designations to be in strict conformance with
the corresponding land use designation of the -comprehensive plan,
Ferguson v. Board of County Commis, 110 Idaho 785, 718 P.2d 1223
(1986), holding that the decision of the County Commissioners to
FINDINGS OF FACT AND CONCLUSIONS OF LAW —HOWELL, PAGE - 19
rezone property -as commercial, even though it was. contrary to the
existing comprehensive plan, was supported by substantial evidence
and was not clearly erroneous, and ;Bone v. Cit of- Lewiston, 107
Idaho 844, 693 P.2d 1046 (1984), stating that a land use map is not
the comprehensive plan, but only a subpart of one of 12 components
referred to in Section 67.-6508, which go into the making of a plan.
R. That the duty of the Commission is to assess the
applications on the basis of the overall good of the City and its
citizens; that it is with this duty and background that the
Commission has undertaken to make these Findings and Conclusions.
A
L:A That the Applicant has stated in its Applications, and in
its presentation to the Commission at the public'hearingti, that its
proposed use of the property will bewan industrial use; that the
type and location of'the industrial use proposed by the Applicant
is not in compliance with .the Comprehensive Plan, since the Plan
P
states that industrial development should be encouraged to locate
adjacent to existing industrial° uses, and there are no industrial
uses adjacent to Applicant's site.
The use is also not in conformance with the Plan since the
Plan states that the character, site improvements and type of light
industrial developments should be harmonized with the residential
uses in the area; that the Applicant did not present any evidence
as to .how 'its truck operation would be harmonized with the
residential developments in the area; also it would be very
difficult to harmonize truck traffic, noise, and pollution with the
many residential neighbors in' the area. The Plan also states that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 20
industrial uses adjacent to residential areas should not create
noise, odor, air pollution, and visual pollution greater than
levels normally associated with surrounding residential activities;
it is likely, and probable, that the noise, odor, air pollution,
and visual pollution levels produced by a number of Freightliner
trucks would be substantially greater' than that created by a
residential subdivision.
The Plan also states that land uses within the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements;,it is judicially noticed that trucks of
the nature that Applicant proposes to sell and service are not
clean or quiet and that the exhaust they produce is considered to
,be hazardous or objectionable.
M. That if the property was annexed and zoned, as a
condition of annexation and the zoning of C=G, the Applicant would
be required to enter into a development agreement as authorizednby
11-2-416 L and 11-2-417 D; that the development agreement would
address, among other things, the following:
1. Inclusion into the development, including but not limited
to, the requirements of 11-9-605:
a. Cr Pedestrian Walkways.
g b. G 1, Planting Strips.
C. H, Public Sites and Open Spaces.
d. K,'Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. M, Piping of Ditches
and 11-9-606:
a. Bicycle Pathways.
b. Storm drainage.
c. Sidewalks and°Pedestrian Walkways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21
d. Greenbelt.
e. Pressurized Irrigation.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or" personal representatives, of any
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by its
representative during the public hearing.
3. Addressing access linkage, screening, and buffering.
4. An impact fee, or fees, for park, police, and fire
services as determined by the city.
5. Appropriate berming and landscaping.
6. Submission and approval of�any required plats.
7. Submission and approval of individual buildings,
drainage, lighting, parking, and other development plans
,under the Planned Development guidelines.
8.
Harmonizing and integrating the site improvements with
the existing residential development.
9.
Establishing a 35 foot landscaped setback as suggested
under the Comprehensive Plan and landscaping the same.
10.
Addressing the comments of the Planning Director.
11.
The sewer and water requirements.
12.
Agreeing that the Meridian Comprehensive- Plan -is
applicable to the land and any development.
Traffic plans and access into and out of the development.
14.
Meeting the representations made as part of the
application and hearing process.
°15.
And any other items deemed necessary by the City Staff,
including design review of all development•, and
conditional use processing as required under the Meridian
Comprehensive Plan.
N.
That Section 11-2-417 D of the Meridian Zoning Ordinance
states that, if annexed, a'development agreement should be recorded
in the office of the Ada County Recorder and -take effect upon the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - NOWELL PAGE - 22
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. That it has been
the experience of the City that development agreements are"
difficult to enter into prior to the annexation ordinance being
passed;,that it is concluded that the development agreement shall
be entered into prior the final plat being approved and prior to
issuance of any building permits, if the property was annexed.
O. That it is concluded that the annexing and zoning of the
property is not in the best interests of the City of Meridian and*
an annexation and zoning ordinance should not be enacted.
P. That regarding the conditional use permit applied for, it
is concluded, that since the Commission has concluded that the'
annexation and zoning is not in the best interests of the City,
there is no useful purpose in making conclusions for the
.conditional use permit
IQ. That if 'the property was annexed and zoned, the
requirements of the Meridian City Engineer's office, Meridian Fire
Department, Central District Health Department, and the Nampa &
Meridian Irrigation District, would have *to be met and addressed in
a development agreement.
R. That if annexed, all ditches, canals, and waterways would
have to be tiled as a condition of annexation and if not so tiled,
the property would be subject to de -annexation. r
} S. That the Applicant would be, required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -:HOWELL PAGE - 23
subject to- and controlled by the Subdivision and Development
Ordinance and the development agreement.
T. That if annexed the Applicant would-be required to meet
the requirements of the Ada County Highway District
U. That if annexed, these conditions would run with the land
and bind the applicant and his assigns.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Planning and'Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER UPPER VOTED ►�Y`"
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
DECISION
The Planning and Zoning Commission of the City of Meridian
hereby recommends to the Meridian City Council that the property
set forth in the application, not be annexed and zoned and therefore
no conditional use permit be granted.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 24
a�
Ci
CENTRAL
DISTRICT
HEALTH
DEPARTMENT
Rezone #
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Conditional Use #
Preliminary / Final / Short Plat
I.
❑ 2.
❑ 3
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Return to:
❑ Boise
❑ Eagle
j
Garden city
Meridian
❑ Kuna
❑ ACz
DEC 1 2.1995
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data'concerning soil conditions on this`Proposal before we can comment.
5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
high seasonal ground water
❑ solid lava from original grade
6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ I o. Street Runoff is not to create a mosquito breeding problem.
❑ 1 I . Stormwater disposal systems shall be reviewed by relative to: E]'Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other
"considerations indicate approval.
❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 14. We will require plans be submitted for a plan review forany:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store t
Date: / 1--/ 9
WG pacommc'ND Reviewed By: 1
C IrH SEWE2 F FF SA I.0
Review Sheet
SoHo 10i91 rcn. 1.9:
OFFICIALS
WILLIAM G. BERG, Jr., City Cleik
JANICE"L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P A 2 Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 a FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
I
P 62 COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS.
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Annexation/zoning of 28 49 acres to Commercial General (C G)"
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIMSHEARER, P/Z
_CHARLES ROUNTREE, P2
_TIM HEPPER, P2
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
BOB CORRIE, C/C
—WALT MORROW, C/C
r MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
- MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMAT ON(PRELIM & FINAL PLAT)
CITY FILES
OTHER: �,� ' 4 < 2 ,2 S
YOUR CONCISE REMARKS:
RECEIVED
SEP 2 5 1595
CITY OF mERIDIAr
OFFICIALS
WILCIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY 0. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON; Police Chief
WAYNE G. CROOKSTON, JF., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 a FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT O. CORRIE
WALT W. MORROW
P 3 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJAN I
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995
TRANSMITTAL DATE:,, 9/18/95 HEARING DATE: 10/10/95
REQUEST: Annexation/zoning of 28.49 acres to Commercial General C -G
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
- MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWEWDEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
OLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
":,;
;r( 2
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 PLAT)
CITY FILES
OTHER: d- I "�
YOUR CONCISE REMARKS:
/4 •�o (,� w , f It^ T k s !4 �t.' L� x Q �- i cs aL1
.4 A, 20 a, ,., a A LL do 'a e S�.-
C00
CENTRAL CENTKAL DISTRICT HEALTH DEPARTMENT
DISTRICT Environmental Health Division
HEALTH
DEPARTMENT
Rezone #-7f')i,
Conditional Use #
Preliminary / Final / Short Plat —
Return to:'
❑ Boise
❑ Eagle
�����/ ❑ Garden city
Meridian
❑ Kuna
❑ ACz
4.
❑ i . We have No Objections to this Proposal.
2. V1/e recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
high seasonal ground water
solid lava from original grade
j
❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water,well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the'Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Street Runoff is not to create a mosquito breeding problem.
❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 14. 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
Date:
74Z—
'c--�S��i✓ �-CcReviewed By:
(ONO 10191 rd, rev. 1195 Review S et
OFFICIALS.
WILLIAM G. BERG, Jr., City clerk
JANICE L GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Polite Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY -
A Good Place to Live
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
CITY OF MERIDIAN
ROBERT D. WALT W. MORROMORRO1E
W
P A Z COMMISSION
33 EAST IDAHO
JIM JOHNSON, Chairman
MERIDIAN, IDAHO 83642 v_ ,- 1_ 7-0
MOEALIDJANI
JIM SHEARER
Phone ���-+�
(2�) 888-4433 •FAX (208) 887813
CHAR
CHARLIE
Public Works/BuiWift Department (208) 887-2211
TIM HEPPER
OCT -
GRANT P KINGSFORD
1Na'ror 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
i
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3_1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Annexation/zoning of 28 49 acres to Commercial General (C -G)
BY: Bili Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
—CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
—NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on the annexation zoning
request by Bill Howell.
Bill Henson Assistant Water Superintendent
Nampa & Mpridian. Irrigation District
October 9, 1995 b /
To: CITY OF MERIDIAN PLANNING AND ZONING COMMITTEE
Meridian City Hall
33 East Idaho Street
Meridian, Idaho 83642
From: MERIDIAN GREENS HOMEOWNERS ASSOCIATION
Post Office Box 301
Meridian, Idaho 83680
Subject: Transport Truck and Trailers, Inc. (Bill Howell) request for Annexation and Rezoning, and a
Conditional Use Permit
The Meridian Greens Homeowners Association (225+ homes with more to be added) requests to go on
record as totally opposed to this subject application for the following reasons.
The proposed location for a Transport Truck and Trailer Sales and Service facility is not appropriate or in .
keeping with the present or planned use of the adjoining and local area property for the following reasons:
Overland Road, presently at two lanes and in the planned near future three lanes, is not designed for
this type of use.
The traffic intersection at either Eagle/Overland or Meridian/Overland is not designed or presently
planned for this type of use based on traffic volume and traffic safety issues. Private cars, school
buses; and commercial vendors enter and leave the several subdivisions along Overland between
Meridian Road and Eagle Road. There is also considerable traffic from Locust Grove entering
Overland. -
• Already existing developments around that area must use Overland for a means of egress and access.
Additional traffic signals would be necessary.
• The increased noise level brought about by the increased highway type truck traffic.on Overland Road
will be a major annoyance and problem for all the residents in this area.
• The type of tall standard lighting which will be required for this type of facility is not compatible with
the planned R-4 zoning south of Overland Road
• The 24-hour per day service which goeswiththis type of business is not compatible with any of the
present or proposed future use of the property along Overland Road (Meridian to Eagle).
Most of the points listed above will definitely incur an increase in tax dollars for the residents of Meridian. It
could also lower the property value of the homes in the area thereby decreasing the tax dollars coming in to the
city of Meridian.
For the above stated r9asons the Meridian Greens Homeowners Association strongly feels this aonlication should
be denied.
Kevin Merritt, President
MERIDIAN GREENS HOMEOWNERS ASSOCIATION
VY M
a•
DEC 19 1995
CITY OF MERIDIAN
December 19, 1995
Mr. Wayne Berg 9
Meridian City Clerk
City Hall
Meridian, ID 83642
Dear Mr. Berg:
Recently, my husband and I became aware of a planned "Big Rig
Sales and Service Center" to be located on the north side of
Overland Road east of the driving range. We recently moved from
Boise to the Sportsman Pointe.Subdivision, which is one of
several directly impacted by this proposed project.
We are aware that the`Planning and Zoning Committee opposed this
project several months ago, and feel that they had just cause to
do so.
We would now like to urge the City Council members to vote
against the approval of this plan for a number of reasons, the
largest of which include noise level, hours,of operation, and
impact on traffic flow through the area. It also goes without
saying that there may be a negative effect on property values in
"the area adjacent to the project.
Thank you for your consideration,
Ed and Sheila Cunningham
1325,E. Puffin Street
Meridian ID 83642
J & L ENTERPRIZES, INC. AvAvAvAxAvAvAvAvAvAv
P O Box 486 • MERIDIAN, ID 83680 • Telephone (208) 378-9676 • Fax (208) 378-8728
Meridian City Council and Mayor RECEIVED
City Clerk's Office DEC 1 8 1995
33 East Idaho Avenue
Meridian, Idaho 83642 CITY OF MERIDIAN
Subject: Transport Truck &`Traile`r Iricf
We would like to ask aTavor of our City Council and Mayor.
d
Transport Truck & Trailer is willing to relocate their business to our growing area. It
seems they have encountered opposition from some anti -truck Meridian residents.
Complaints of no from Jake brakes (which doesn't happen on flat roads) and the safety
of big trucks (actual safety record is very good) seem to be some of the issues. We have
been in the trucking industry for over 30 years and being proud owners of our own trucks
and trailers for the last ten years, we have heard all of this and more, but its just not the
facts. Please consider the revenue generated by the trucking industry and the
convenience of supplies every person enjoys everyday from the trucks in our Meridian
area.
Mr. Bill Howell is a very successful businessman who is fair, open and easy going. He
treats all his business dealings with honesty and makes everyone feel that they are
important to his business. He is as fair with the single -unit owner -operator as he is with
the large fleet owners.
Being property owners who realize the growth and demands for the increasing taxes
required to meet the continue pressures on schools, police and fire departments, we feel
that the addition of this business would be a most welcome asset to Meridian.
One last request:
Please ask yourselves if the oppositions are really anti -trucking or are they anti -growth,
anti -business.
Thank you,
E. J. Adamson and L. M. Adamson
1240 Northgate Court
Meridian, Idaho 83642
1JLt . Id "y5 G74 - .SCh rl C,LN I KHL Ui51 Hit- I "H 1)
LCENTRAL
DISTRICT
TEALT
DEPARTMENT MAIN OFFICE • 797'N. ARMSTRONG PL • BOISE, ID 83704*26 •
1'a prrveat and beat disease and disability; to promote healthy.4lesryles; and to protect and promote U:e health o►ui gaaliry of our p,v�oR ment(208) 375�2fl FAX Ja3
95-522
December 18, 1995
City'of Meridian
'Sherry Styles
33 E. Idaho
Meridian,,1D 63642
LOCUR 0° r
U ST'GROVE/TRAILER�SALES AND SERVICE FACILITY ON OVERLAND, EAST OF
Dear Ms. Styles:
Central District Health Department has received an, application for
this project and witnessed testholes at the project site.' This''
project has not been completely evaluated' by this department
because more information will be needed concerning waste water
flows.
The on -'site sewage system proposed has not yet been approved this office. PP by
Prior to considering, an on -.site sewage system further, we. wo
recommend that all avenues be pursued for connection to. the
Meridian City Sewer.
Sincerely,
Tom Schmalz, E.H.S.
Senior Environmental Health Specialist
cc Martin O. Jones, Environmental Health Supervisor
Serving Galley, Elmore, Boive, and Ada Counties
ADA'/ BOISE COUNTY OFRCE ELMORE COUNTY OFFICE
707 N. Armstrong pbm 520 E. 8111 Street North VA11EY, COUNTY bMCE
Boise, ID 83704-0825 Mo►mt�in Mme 1D P•0. Box • 1448
F', h. 3755211 M364) � 5879225 McCai, ID 83638
Ph. 634-7)94
DEC 18 195 16:36
PAGE. 02
<7, 1 t
December 19, 1995
RECEIIVEI)
D EQ 19 1995
CITY OF MERIDIAN
To the Meridian City Council,
The members of the Locust View Heights Water.Users Association are concerned about the open
irrigation ditch that goes through the property adjoining the east boundary of the golf driving
range, that is between Overland Road and Interstate 84.
This ditch, that gets it's water through the Hunter and Cook Laterals, supplies water to
approximately. 103 acres of properties north of Interstate 84, but no properties south of I-84.
Our question, is, will we retain easy access to this ditch? Will the ditch be relocated, tubed or
both? If the,ditch is tubed will there be adequate clean outs at reasonable spacing? If the ditch is
tubed what kind and size of pipe will be used?
Another concern is drainage water from this property. How will this be taken care oV
k y1,Liv22• �'
Murvin L. Lindley
President, Locust View Heights Water Users Assc.
1790 E: Cadillac Dr.
Meridian, ID 83642-6214
Phone 888-1229
Roylance & Associates P.A.((;v�y
Engineers *Surveyors • Londplanner�
s LIEUTEIM VU U126Z J(�SE0UcTrUL
4649 Emerald, Suite D•2, Boise, Idaho 83706
Telephone (208) 336-7390, Fax (208) 336-7394
TO
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ATTENTION
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ATTENTION
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A!:
GENTLEMEN:
WE ARE SENDING YOU ❑ Attached 0 'Under separate cover via the following items:
❑ Shop drawings 0 Prints ❑ 'Plans ❑ Samples ❑ Specifications
❑ Copy of letter p Change order
COPIES DATE No. DESCRIPTION
A e&v
THESE ARE TRANSMITTED as checked below:
r ❑ For approval O Approved as submitted ❑ Resubmit copies for approval
❑ For your use ' ❑ Approved as noted ❑ Submit copies for distribution .
❑ As requested ❑,, Returned for corrections_ ❑ Return corrected prints
❑ For `review and comment ❑
❑ FOR 'BIDS "DUE 19 ❑ PRINTS -RETURNED AFTER LOAN TO US
COPY
SIGNED: �i
r• `
Roylance & Associates P.A.
4619 Emerald, Suite D-2, Boise, Idaho 83706
December 13, 1995
Project,No..1665
Engineers • Surveyors • Landplanner,\,
Telephone (208) 336-7390 Fax (208) 336-7391
The_Honorable Grant Kingsford `
Members of the Meridian City Council'
la t b t* c a 3
City oflveridian _. � ,_ ,
33 E*`Idaho Street
Meridian, Idaho 83642
1"o- A rYS-.��.r�Ke
RE Application for Annexation, Zoning and Conditional Use Pertrut`for •
Transport Track and Trailer, Inc.`` b
A ,
Dear Mr. Mayor atnf Members of the Council:
e
,Enclosed with this letter please find `the"following'materials which9 are bemg,submitted in support
t; e+
of the above referenced `application
t
I. A narrative entitled "Supplemental Inform
for AnZoning and
Conditional Use Permit for Transport Truck and Trailer, Inc.;
2. A revised site plan; 1%
3. ; An expanded'mapsofthe ytctntty surrounding the proposed facility,
' ti
�S : >w , v,,
�. plan for the r"o ect, s
4. A landscape 'p j ,
F
5. Representative building elevations for the proposed building;
f � x
Y P p y 3, ,. 4
pg ,
` bution anal sus re aied b Bell Walker
6. A to generation and traffic distri +.
Engineers, Inc.; ,
7 1 `A sound level study, pr"epar`ed by tle`'applicant 1
...w ..2' "#� "" . is• � ,r1 N .. �._i„r,�t t
8. Overview and Excerpts of Applicable Federal Regulations
As you review the enclosed information in preparation for theDecember19, 1995, hearing, it may
beµhelpful to keep inmind the following important facts �t A.
sr._ i
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4 r.
zAwordtext\ 1665\mayor. 512
J
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The Honorable Grant Kingsford
Members of the Meridian City Council
December 13, 1995
Page Two
L' Pioposed Use. ,The applicant operates a dealership for the sale of new and used
trucks and semi -trailers annd proposes to construct a 43,000 square'foot sales and service building
to house all of the activities of the dealership, including servicing of trucks and trailers, and the
sale of parts. The proposed use is not a trucking terminal type operation nor is it a truck stop:",
2. Scope of 'Operations. The scope"of operations now proposed by the =applicant
have been reduced from that. which was presented to the Planning and Zoning. Commission. The
project area has been reduced from, 20 acres to 12 acres. In addition, the applicant no longer,
proposes to conduct its body repair -(including painting) and full service leasing on the premises.' -
Those activities will remain on the.company's existing,site in Boise.
3. Compliance with Comprehensive Plan. The proposed project, if approved, would
be in compliance with the city's recentlykenacted comprehensive plan since if will generate a new
commercial enterprise for the city 'in ,,a location which has been designated as a 'priority
development area for uses of this type. The truck` dealership proposed by the applicant is uniquely
suited to that area. Er
4-. Compliance with Zoning Ordinance. The truck sales and`service facility proposed
by the applicant complies with the city's zoning ordinance since it contemplates a commercial use
(rather than an industrial use as defined in the ordinance) in a proposed C -G zone. The proposed
use'fits squarely within the definition of -that zone -and is "allowed as a conditional use. The
recently approved Meridian Ford Dealership, which consists of a use analogous to that which is
proposed b the applicant, was approved roved in a C -G zone under a conditional use permit.
� P P Y PP � . 1P P .
5. Harmony,with General Vicinity. The proposed site lies between Interstate 84 and
R ' Overland Road, two traffic corridors with relatively high volumes. The site is not likely to attract
residential or office uses. Along Overland, Road in the vicinity are Meridian Ford, Arnold
Machinery, Western States Equipment Company and Inland Coca-Cola, all of which are
operations similar in nature to that proposed'by the applicant. The proposed but not yet final
platted subdivision to the south will be buffered from the proposed, project by a 35 foot landscape
} area included in this project, the 90 feet of Overland Road right-of-way, and the 20 foot landscape
area proposed for the subdivision itself. x
' f 6. Traffic and Transportation. The applicant commissioned a trip generation and
traffic distribution analysis to be prepared by Bell Walker Engineers, which estimates that the
proposed "facility will generate only 212 trips per day, with just 38.of those being -trucks. Bell
Walker also concluded that 95% of the vehicles twill access the property from the Eagle Road
m
z:\wordtext\1G55\niayor.512
t
The Honorable Grant Kingsford ;
Members of the Meridian City Council J
December 13, 1995
Page Three
,r
Interchange. The Ada County Highway District has analyzed' the_ project and concluded that the
transportation system will 'be adequate to accommodate additional traffic generated by the
proposed development. r
7. Impacts Caused by Noise. The applicant conducted a sound level study in order to
determine what level of sound..is expected to emanate from the facility and how that sound level
compares with other known uses. The results of the study demonstrate that the sound level at the
current dealership site is lower.than that recorded at the corner of Overland and Bonefish, where
the Meridian Ford Dealership is located, and lower than that which is'found at the Cherry Lane
Plaza commercial -development site.
8. Hours of Operation. 'The hours of operation proposed for the facility are generally
from 7:00 a.m. until 6:00 p.m.; with the expectation that, on occasion, emergency repair or
service work may be,extended into the evening hours, but not beyond 11:00 p.m. It needs to be
recalled, however, that all of the service work is performed in an enclosed building which will be
properly insulated to prevent noise from escaping the project site.
J
9. Environmental Hazards. The proposed facility will not create any undue
environmental hazard. The facility will not include any ,underground storage tanks and there wiil
be no paint"and body shop, no bulk oil storage, and no fuel sales on the site. The proposed use,
will pose no greater threat to the environment that the `recently approved Meridian Ford
Dealership.
The applicant has` worked extremely`hard to prepare and submitto you sufficient information
about the proposed use so that you will be comfortable in concluding, as the applicant has, that
this project would bean enhancement and not a detriment to the City of Meridian.
Sincerely,
ROYLANCE AND ASSOCIATES, P.A.
DAVIDR. ROYLANCE, P.E., P.L.S.
DIWjg
zAwordtext\1665\mayor.512 "
ds
Roylance & Associates P.A.
Engineers • Surveyors • landplanners
4619 Emerald, Suite a2, Boise, Idaho 83706
Telephone (208) 336-7390, Fax (208) 336-7391
i'70 0\ [oat Vl/4 1
Public worl�S
GENTLEMEN:
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
:. V
[LIEUTEQ OF UMMSA TTUL
DATE /Z/2-� �
Job NO.
ATTENTION(
s
RE:
r�is vvcl�i s 7r �
As requested
❑
For review and comment
❑
❑ Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES DATE NO. l DESCRIPTION
[/1&0
/
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
For your use
❑
As requested
❑
For review and comment
❑
FOR BIDS DUE
REMARKS
COPY
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
19 ❑ PRINTS RETURNED AFTER LOAN TO US
I
SIGNED: //r,
, 1
Roylance & Associates P.A.
Engineers • Surveyors • Landplanners
4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391
September 18, 1995
Project No. 7665
REVISED DECEMBER 12, 1995
Legal Description for
Transport Truck and Trailer, Inc.
Annexation and Rezone
A tract of land situated in the Southwest 1/4 of Section 17, Township 3 North, Range 1
East, Boise Meridian, Ada County; Idaho, described as follows:
Commencing at a brass cap monumenting the Southeast Corner of said Section 17;
thence along the southerly line of said Section 17, said southerly line being the centerline of
Overland Road South 89°-46'-22" West a distance of 2656.94 feet to a found 5/8" pin
monumenting the South 1/4 corner of said Section 17; thence continuing along the southerly line of
said Section 17 North 890-52'-19" West a distance of 100.60 feet to a found steel pin, said pin
being the POINT OF BEGINNING.
Thence North 00°-24'-58" East a distance of 500.60 feet to a found steel pin,
Thence North 55°-16'-02 West a distance of 100.08 feet to a found steel pin,.
Thence North 24°-22'-02" West a distance of 337.77 feet to a found steel pin,
Thence North 15°-12'-02" West a distance of 179.69 feet to a point,
Thence North 25°-27'-02" West a distance of 359.04 feet to a point on the Northerly
right-of-way of Interstate 84,
Thence following the said right-of-way of Interstate 84 Southwesterly 801.79 feet
along the arc of a circular curve to the right said curve having a central angle of
04°-52'-01", a radius of 9439.30 feet, a chord bearing of South 840-26'-34" West, and
a chord distance of 801.55 feet to a point on the westerly line of the Southeast 1/4 of
the Southwest 1/4 of said Section 17,
Thence leaving said northerly right-of-way and following said westerly line
South 00°-28'-00" West a distance of 1282.56 feet to a found steel pin monumenting
the Southwest Corner of said Southeast 1/4 of the Southwest 1/4,
Thence along the southerly line of said Section 17 and said centerline of Overland Road
South 89°-52'-19" East a distance of 1227.61 feet to the POINT OF BEGINNING.
The'above-described tract of land contains 32.80 acres, more or less, subject to all
existing easements and rights-of-way.
Prepared by:
zAwordtext\1665Uega1.512
ROYLANCE AND ASSOCIATES, P.A.
4619 Emerald, Suite D-2
Boise, ID 83706 t.�e- �N
(208) 336-7390
(208) 336-7391 Fax
6-2. f 12.18 --
2
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B ELL AA
LKER ENGINEERS Inc.
I'827 LaCassla Drive (208) 343-3609
Boise, ID 83705-2254 FAX (208) 343-3572
bd&eymt%6r`4;4995
k X 1zz%
Mr., Bili H6Well tIf
Transpoit-'ff'uck'aid 'Ttailer; Inc. 7, r
JI
4665 Enterprise St.
Boise,Jl) '83715 i 4) TI t!' -N
SUBJECT: tbisEFRE IGHTLINER,%2", TRANSPORT TRAILER 6.
Dear lio`
ear well"
BelloWalkdr Engineers, Vnc.'has been t6 provide`a-tri'g
eneratidf and traffic ' distribution
aiiatysis, for 'a $riop6s6d FreightlifiditrUck sales and-- seivice 'cienter I'v This, development is proposed
by traiispo'ft Trukk'afid Trailer,,Inic. 11rdnisp"birtIftick andlraileild'peratesan existin& truck -sales
and It "serivic6'fakiliey'ih the Boise area a"n'd will `6 expanding* aii& moving ,to a-new,Iocation.,,, t#
'The proposed facility is Ibc'aied16ii"OVerland'tRoad ,. approximately, 3 /8 : mile from 1. �Eagle .Roa&'
(south -of SH 55). The propo-sed�de-veldpnientds about138,000 square feet of new building on
about 20 acres of open lot space. The development will offer new and used truck sales, truck
repair and service, and parts 9u'-pply'f6r trucks,., The ekistifig'facility has.42 employees. •
Al,
Summary, X"i 1,1,2. AU ara,
A
Bdsed on discussed, below, it pis that,the proposed facility
-will generate 212
daily trips on weekdays -and 26-'tripg,'dxifi'n'g.-ttie-pm,pdakihour.t 384of thd-daily trips generated will
be trucks,''and 3'0'f"the pdik- hbui� trips Will -be trucks- All Irips will access . thelsite from Overland
'-jk6ad',Yv'ia,i;-'84�6i.-SH'55.-:95 %, of the vdhicleg* will acc6ss.'1-84;via the Eagle Road-Interchap9e; and
will goad Inteichange.,
Dip Generation
A' `review 6f,th6ITEtrifi Generation -Manual indicatesthautlie.reis-no applicable =dat&.Ib,ase fpp�use
iii'd6t6rin"ining trip generation of a- facility '.'such as thig:,, Land, Use" # 840,t-, Automobile Care
Center, and Lhn&use
#I16 - LighUMainufacturink"were, r&iewed',and, determined, not to be
similar' to the pro-pbsed'landuse:l f li'was therefore determiried'that trip g0neratiow would have, to
66 #egtimatdd, for tfi-19'partic' U'lar, land use using :available data and engineering judgqmenLt.,
j
_The existifigfacility'pr
''Vides -a :good model for estimating trip generation., The,proposed
0
'd6v'e'lo'Pmenf Wfllr have no servicesAhat are'. not; now ;provided,by the - existingfacility. -, The building
expansion is int6fiddil to provide - in1door. facilities, for most of the services that are currently
provided in outdoor facilities. Although an expansion of the sales facilities will be provided, trip
generation should be very close to existing trip generation.
Bellevue, Washington 9 Boise, Idaho
Boise Freightliner
Transport' Trailer -
Page 2
Trip generation can be determined from'four different, services provided by the site. There will be
trips generated from customers patronizing the parts department, from customers patronizing the
service department, from customers patronizing the sales facilities, and from employees at the
w site. The trips generated from each are directly additive to determine the total trip generation.
{
At the existing facilities,, trip generation can be determined, from the company records which
indicate the number of customers served at both the parts and service departments. Records were
reviewed for both departments for the week of November 10-16, 1995.
The parts department averaged 20 customers per day during the week: On weekdays, the
°department averaged 17 customers per day, and 35 customer transactions occurred on Saturday,
the busiest day. This would equate to 34 vehicle trips om week days and 70 .vehicle trips on
weekends. If it is conservatively assumed that some trips will occur in which no transaction
occurs, the trip generation rate of 40 vehicle trips per weekday and 80 vehicle trips -on Saturdays
can be used for the parts department. During the week, only 7 transactions occurred the evening
peak hour of 4:30 pm to 6:00 pm. This is an average of 1.4 transactions, or 3 vehicle trips during
the peak hour. Since many of the parts department customers "would be driving by on hauls, it is
estimated that 50% of the trips generated would be trucks.
,M
During the week under study, the service department filled 108 repair orders. 17 of the orders
were for internal operations and were not the result of a customer. Thus a total of 91 repair
orders were written during the week. This is and average of 13 per day, with 23 orders occurring
on Saturday -and an average of 11.4 on weekdays. If the typical customer drops the truck off and
picks it up at a later time or date, using a second vehicle for this purpose, then each repair order
will result in 5 vehicle trips. The resulting trip generation will be757 vehicle trips,on weekdays
and 125 vehicle trips on Saturdays. Only 6 of the repair orders were prepared during the peak
hour, so only the peak hour trip generation will be 6 vehicle trips. The only the trucks in all of
these trips will be the one.being serviced, so trucks would account for 20% of the trips, or *13 of
the weekday trips and 1 of the pm peak hour trips.
The existing facility is currently averaging sales of about 40 units per month. Since the new site
will offer better visibility to the prospective market, sales are expected to increase to about 60 per
month in about 5 years. This will average 2 sales per day. "According to the company „
management, 85% of the customers are from out of town. Discussions and negotiations are
conducted over the phone. Each of these sales would result in 4Evehicletrips, 2 for the customer
to take -possession of the vehicle, and 2 for the delivery of,the truck or trailer. For the remaining
15% of sales, it is recognized.that there will be some customer attractions that do not result in `
sales, and multiple visits by a customer. that does result in a sale, similar to our own.experiences
in buying automobiles. ITE does not estimate trip generation at a new car sales facility based on
number of sales, so this number must be estimated.
Boise Freightliner g
,Transport Trailer W ,
Page 3
A conservative"estimate would be 12 vehicle trips per local sale, including truck delivery. The
weighted average would be 5.2 trips per sale, resulting in 10 vehicle trips per day: With no
documentation to assume otherwise, it is assumed that 20% of these trips occur, during the peak
hour. Therefore 2 vehicle trips are generated during the peak hour. Each sale would have two
truck trips, one trip to deliver the truck to the site, and one when the customer takes delivery. Of
the drive in customers, approximately 40% will drive trucks to the facility. Using this data, of the
10 daily trips, 5 trips would be in trucks.
The current facility employs about 42 empioyees. It operates about 16 hours a day, 7 days a
week. It can be assumed that employee trip generation will be similar to, but less than, that of
light manufacturing, ITE Land Use # 110. It would be less due operational hours of the facility
compared to those of typical light manufacturing. The ITE Manual estimates, that Light
Manufacturing will generate 3.02 trips per employee on weekdays and 0.51 trips per, employee
during the pm peak hour. Based on the staff breakdown by shift, the average weekday trip
generation can be estimated to.be 2.5 vehicle trips per employee. This is greafer than those used
in the Micron Technologies Traffic Iinpact Study, which also operates on an extended schedule.
Thus, it can be estimated that the new facility will generate 105 vehicle trips per weekday.
Employee trip generation during the peak hour will also be less than peak hour trip generation for
light manufacturing. Again, using the employee shift breakdown, peak hour trip generation
should be about 0.35 vehicle trips per employee. The resulting peak hour trip generation will be
15 vehicles during the pm peak hour.
Directly adding all of the above trip generations, the proposed facility can be expected to generate
about 212 vehicle trips on weekdays and 26 vehicle trips dufing the weekday, pm, peak hour.
The results are summarized as follows:
f.
Cars Trucks- Total
Daily Peak Daily Peak Daily Peak
Parts 20 2 20 1 40' 3
Service 44. 5 13 1 57 6
Sales 5 1 5 1 10 2
Employees 105 15 0: 0, 105 15
Totals 174 23 38 3 212 26 r
Trip Distribution
A major benefit of the proposed site to the owner is the access to I-84. It is therefore assumed that
all customers will access the site from -1-84 by either the Eagle Road Interchange or the Meridian
Road Interchange. Due to the specialized nature of the business, the customer base is very narrow
and the rate of repeat customers is very high. `Therefore the existing client list can be used to
estimate trip distribution. "'
q
Boise Freightliner
Transport Trailer
Page 4 a
The list of 813 existing clients indicates that 448 of those' are located out of state, or in eastern or
northern Idaho. All of these customers will use the most convenient access to.I-84 or SH 55.
They would most likely use the Eagle Road Interchange. 222 of the customers Have Boise zip
codes. The easiest access for them,would` also be the Eagle Road Interchange. The remaining
clients, 42 have'zip codes in Meridian and 101 have zip codes in Canyon County. Customers
-from Canyon County would have to use I=84 to access the site. Due to the higher speeds of I-84
over Overland Road, The Eagle Road Interchange would offer the fastest access to .the
'development. It is likely -that only some'of the Meridian based customers would use the Meridian
Road Interchange. Based on this data, it can be inferred that on the order of 95 % of the
customers will use the Eagle Road Interchange.
As the regional Freightliner service'" agency, all owners of Freightliner trucks will be directly
marketed." Included in marketing literature will be directions to get to the facility. These
directions will indicate the best way will be via the Eagle Road Interchange. Roadside signs will
also indicate to take the Eagle Road Interchange. These measures can help assure that clients will
use the Eagle Road'Interchange and not utilize other local roads.
We hope this offers some insight into the trip generation and distribution of the proposed
development.
Sincerely,
BE•WALK NGINEERS, INC.
( r
Daniel A. Thompson, P.^, i2 Y °��•
9
Project Manager,F t'
G 4 R. Funkhouser, P.E.
Vice President
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i
_. D.\TRAFSTDY\TGEN.RPT
5JH 1.511
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MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 14.9995
APPLICANT: BILL HOWELL AGENDA I TEM NUMBER: 5
REQUEST: FINDINGS OF FACT AND �CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING
AND CONDITIONAL USE PERMIT
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING 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 shall become property of the City of Meridian.
_,
BEFORE THE PLANNING AND ZONING COMMISSION
BIILL HOWELL
ANNEXATION AND ZONING AND CONDITIONAL USE
SOUTH OF I-84 AND EAST OF LOCUST GROVE
A PORTION OF THE SE 1/4 OF THE -NW 1/4 OF SECTION 17 T.3N R.1E_
BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT„AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on October 10, 1995, at the Meridian City
Hall, 33 East Idaho Street,' Meridian, Idaho, at the hour. of 7:30
o'clock p.m., the Petitioners representative, Kristina, Donner,
appearing, and the Planning and Zoning Commission having heard and.
taken oral and written testimony, and having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published -for two ( 2 ) consecutive weeks prior to the
public hearing scheduled for October 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;`
that the matter was duly considered at the October 10, 1995
hearing, the Applicant's representative, Kristina Donner, appearing
in person, that the 'public having been given full opportunity to
express comments and submit evidence; and that copies of all
notices being available to newspaper, radio and television
stations, the Planning and Zoning Commission hereby takes action on
FINDINGS OF FACT AND CONCLUSIONS OF LAW'- HOWELL PAGE - 1
N
t
the Findings of Fact and Conclusions of Law.
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 28.49 acres in size; that on the 20 acre parcel,
'ch, the Applicant proposes
a -f acility to sell and service freight line trucks; that the
remainder 8.49 acres would be for a future body shop and repair
center.
3 . That the property is .presently zoned by Ada County as R -T
(Rural Transition); that the Application requests that the property
be` zoned General Retail and Service Commercial (C -G) and has
requested a conditional use permit to allow for the sales 'and
service of trucks /trailers that the Application is incorporated
herein as if set forth in full.
4. Adjacent to this development is the I-84 Interstate
freeway and major arterials of Eagle Road, Locust -Grove Road and
Overland Roads; that to the west, is the Playground RV Park and
driving range; that to the east.is the future expansion of the 8.49
a res; that across the interstate to the .north is
;4014 ekeen 19,
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T+-�ro� i�pnt-pr,
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Curren y cons ruc
5. That the property is adjacent and abutting to the present
City limits.
6. That Bill Howell, is the Applicant; that the owner, Par
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 2
3, an Idaho "General Partnership, Richard M. Phillips, General
Partner, has consented to the application and has requested this
annexation, zoning and conditional use and the application"is not
at the request of the City of Meridian.
7. That the, Applicant's annexation and zoning application
stated that the present use of the land is agricultural, that the
proposed use is industrial, that the proposed district is C -G,
General Retail and Service Commercial, that the proposal is
�06ompatible with other industrial facilities adjacent to the
project, and that the property would be harmonious with adjacent
d1 developme� the annexation and zoning Application also states,
N V
"The proposed zoning amendment relates to the Meridian
Comprehensive Plan in that it will be adhering to the mixed plan
usage of the Plan, and being close to the ,interstate is �*+ an -area
that is intended for industrial use."
8. That Ms. Donner testified that there will be a facility
to sell and service Freightliner trucks on the 20 acre parcel; that
the future parcel, consisting of the 8.49 acres, will be for a body
shop and repair center, to, be constructed in a phase II
development; that sewer is of concern because it is only on 'the
north,side of the Interstate; that they would work in conjunction
with other' developers to bring the sewer to the south and share the
cost; that if sewer is not available when they would like to open,
they have discussed this with the Central District' Health
Department and they would propose to put in a septic system and
utilize that until they could bring the sewer in; that they plan to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 3
extend 'the waterlines 600 feet to get water to the site. She also
stated,that they had concerns over the statement of Shari Stiles
about requiring four to six foot berms along the _front of Overland
and they are a little bit concerned about trucks having si-
distance problems and that none of the other properties along
Overland used for industrial uses were required to have berms.
In response to a question by Commissioner Rountree about the
lines on a map being topographical lines and the map showing a
raised platform the length of the lot that would,perch the trucks
up above the elevation lines shown on the map, Miss Donner
indicated that that was what it showed. She also stated in
response to a question, that the Playground driving range was right
next door to this property to the west.
9. That the Applicant, Bill Howell, testified to clear up
some gaps left by the earlier testimony of Ms. Donner; that the
elevation of the display area along I-84 is believed to be an 8
foot elevation from grade; that the display will be of all new.
vehicles; that the proposed fleet maintenance shop is primarily a
full service facility and the phase II plan within the 20.00 acres
will be.for a body/paint shop; that the 8.49 remaining acres will
not be used by the Applicant's company; that it is simply going to
be marketed; that the anticipated daily trips of the full size road
tractors and trailers, ranging up to and including 53 foot, could
possibly figure to be 75 to 100 per day; that the operating hours
are 7:00 a.m.' to currently 12:00 p.m. and that, general maintenance
is the activity going on at 12:00 at night in the shop areas; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE -.4
the anticipated maximum employees will be probably 60; that the
Applicant foresees as a 'great eventuality, full service leases.
10: There were several property owners in the immediate area
who testified at the October 10, 1995, hearing about the
Application; the testimony can be summarized as follows:
1. Kevin Merritt, acting as President of the Meridian
Greens Subdivision of approximately 225+ homes,.
wanted to go on record as totally opposing this
Annexation for several reasons. That the proposed
location for the transport truck and trailer
service sales and service facility is not
appropriate in keeping with the present planned use
of the adjoining and local property; that based on
the traffic volume, and traffic safety issue, this
proposed development is not compatible.
2. Roy Harada testified that he also is in truck sales
with a different dealership; he points out that
contractually, freightliner requires all dealers to
be open, 24 hours; that the traffic flow is going to
be significantly higher than what Mr. Howell
represented, and be well over 150 to 200 vehicles a
day in and out; and that developments of this type
are typically noisy, smelly and are open extremely
long hours; that the freightliner class 7 trucks,
which are medium duty trucks to a_ class 8 truck,
grossing in excess of 100,000 pounds, are your
typical trucks, along with Cumins, Caterpillar, all
of the miscellaneous service shops bringing parts
in as well as Federal Express trucks; that another
concern regarding the excessive traffic might well
be the mechanic needing to check out the trucks
after servicing to use Overland Road, turn right,
hit the Interstate, turn right again, hit Eagle
Road, making a circle, thus adding to the safety
factor of the kids in the nearby subdivisions.
3. Becky Bowcutt, of Briggs Engineering, testified
that on behalf of her client G. L. Voigt
Construction, whose property just_, south of this
parcel was approved fore- approximately 290 R-4
designation lots; that Ms.`Bowcutt requests that
the City of Meridian evaluate the landscaping that
is being proposed by the Applicant and that a
landscaping plan be submitted by the Applicant and
an evaluation be done regarding the berming and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 5
screening at the entrances at I-84 and along the
interstate.
4. That Lou Lois testified that he affirms the
opposition from the President of Meridian Greens
Subdivision with regard to the safety and noise;
that he believes that this type of operation is not
one that would stop at midnight but be more a 24
hour operation; that the paint shop and of
hazardous materials so close to residential areas
was also a concern of Mr. Lois'.
5. That Beth Markland testified that she also is in
opposition to this proposed annexation for the same
reasons previously stated, specifically the traffic
concern, the possibility of these trucks hauling
hazardous materials and the noise.
6. Neda Hagner testified that she too wishes to add
her concerns regarding the traffic congestion on
Overland already being frightening and the safety
of children and grandchildren; that having these
monster trucks. on Overland is like putting up
barriers to enjoyment of their homes.
7. Ron Thomas testified that his major concern is
ground septic system and the Ada Count Healt
District allowing such a. thing to be built, at
the traffic is bad now and would only get worse.
8. That Rick Keever testified that he lives in
Sportsman PointQ%Subdivision and his concerns lie
with the traffic situation and the access to the on
ramp at I-84; that with the proposed shopping mall
at the southeast corner of the on ramp at Eagle
Road, this will only add to the congestion and
potentially more safety problems for the kids in
just the square mile between Overland, Eagle,
Locust Grove and Victory.
9. Nicole Garduno testified at the hearing voicing her
opposition to the proposed annexation and zoning
mainly for the safety issues.
10. That Mark Wilson testified, echoing objections with
regard to the hazardous waste that this project
will potentially generate and the possibilities of
contamination of the sewer system years 'the
road.
11. Karen Frisch, from Hunts Bluff Subdivision,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 6
testified that her subdivision likewise will be
affected; that she also is opposed to this proposed
annexation.
11. There was no other testimony regarding the annexation and
zoning given.
12. That testimony regarding annexation and zoning was
incorporated into the record of the Conditional Use Permit
Application; that Mr. Kevin Merritt also testified, reiterating his
statements he made on the annexation and zoning; that Stewart
Edwards testified that the noise of this plant would be quite an
impact -of- the trailer park next door; that the roads, in his
judgment, will not.hold up under the kind of traffic and the rigs
that will be generated, especially on Overland Road.
13. That the Assistant to the City Engineer, Bruce
Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian
City Police and Fire Departments, Central District Health
Department, and Nampa & Meridian Irrigation District, submitted
comments; that those comments are submitted herein by this
reference and are hereby incorporated herein as if set forth in
full.
14. That Assistant to the City Engineer, Bruce Freckleton,
commented that the legal description submitted with the Annexation
and Zoning application needs to be revised so that the northerly
boundary is the northerly boundary of Interstate 84 rather than the
v
centerline; that he commented in the application for annexation and
zoning for the property in the northeast quadrant of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 7
intersection of Overland Road and Eagle Road, which comments are
equally applicable to this Application, that any existing
irrigation/drainage ditches crossing the property to be included in
this project, shall be tiled per City Ordinance 11-9-605 M; that
any existing domestic wells and/or septic systems with this project
shall be removed from their domestic service per City Ordinance,
except for wells may be used for non-domestic purposes such as
landscape irrigation; that off-street parking, paving and striping,
drainage plan, outside lighting, and all signage shall be in
accordance with City Ordinances; that a profile of the subsurface
soil conditions shall be submitted to determine the seasonal high
groundwater elevation and that.water service to this development is
contingent upon positive results from a hydraulic analysis by our
computer model; and that specific site comments were the following:
a. That the Public Works Department shall be provided with
information on anticipated fire flow and domestic water
requirements for the proposed site, as this is critical for
determining the water serviceability for this proposal;
b. That at this time this site is not serviceable by the
Meridian City Water System or by the Meridian City Sanitary
Sewer System; that the Applicant will be required to construct
12 inch diameter water mains from the City's current points of
terminus in Overland Rd. to and through the proposed site;
,c. That assessment fees for .water and sewer service are
determined during the building plan review process, in
addition, 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.
15. That Shari Stiles, Planning & Zoning Administrator,
submitted comments; that details of the landscaping plan are needed
for review and approval; that four- to six-foot high berms should
be included` along Overland Road to reduce impact of headlight glare
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 8
on adjacent residential property; that City Ordinance requires a
minimum of one (1) three-inch caliper tree per 1,500 square feet of
pavement, however this requirement is unrealistic for this
development, however careful planning of landscaping is required
and must be approvedprior to obtaining building permits; that I-84
and Overland Road are both designated as entrance corridors in the
Comprehensive Plan and therefore ,require a 35 -foot. minimum
landscape setback; that perimeter and internal landscaping is also
required; that five-foot (51) sidewalks shall be installed; that
4 the proposed realigned subdivision boundary would require a plat to
be prepared, as these are not platted lots; that any existing
irrigation or drainage ditches. crossing the property shall be tiled
per City Ordinance; that a drain ditch currently exists along the
eastern property boundary which need�„to be tiled; that a
Certificate of `Occupancy is required prior to opening and that
occupancy would be *contingent upon meeting all zoning, building
code, public works, Fire Department and agency regulations; that
the possibility lies in that overnight repair work will be needed
which would require this facility to be open longer in which case
the Applicant may need to provide soundproofing of the
service/maintenance shop to avoid disturbing the residential areas;
that illumination shall be designed to not cause glare or adversely
impact neighboring residential uses and freeway traffic; that a
Development Agreement is required as a condition of annexation and
that it would be preferable to have a detailed list of conditions
in lieu of a development agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 9
16. That the property included in the annexation and zoning
application is within the Area of Impact of the City of -Meridian.
17. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and is in the Eastern Industrial Review
Area
18. That the property may be able to be physically serviced
with City water, if applicant extends the lines; that the ability
to provide sewer service to the property is unknown at this time
and the City Engineer did•not submit comments regarding providing
sewer service to the property.
19. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses•to.be developed into residential subdivision lots
and other uses.
20. That the following pertinent statements are made in the
Meridian Comprehensive Plan and are specifically applicable to this
Application:
1. Under LAND USE
Comprehensive Plan May, Page 22
The land use delineations depicted in the
Comprehensive Land Use Map are not precise, but
rather the Comprehensive Land Use Map represents a
long-range vision of community development in
generalized areas. The map represents a
compilation of input and ideas expressed by
citizens, community groups and local leaders.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 10
LAND USE GOAL STATEMENT, Page 23
1.10U Promote the design of attractive roadway
entryway areas into Meridian which will
clearly identify the community.
1.11U Protect citizen investments in existing
public_,+ facilities, (water, sewer,
streets, fire, police) by encouraging
controlled growth through city planning
reviews and development agreements.
INDUSTRIAL POLICIES, Page 24
3.3 Access to industrial areas from collector and
local streets will be discouraged.
3.4 Industrial uses adjacent to residential areas
should not create noise, odor, air-pollut-i:on and
visual pollution greater--than-�-levers-"normally
associated with surrounding residential activities.
3.5 industrial development should be encouraged to
locate adjacent to existing industrial uses.
Eas �r Eagle Road Light Industrial Review, Area,
Page '25-
3.14 The character, site improvements and type of
light industrial developments should be harmonized
with the residential uses in this area.
3.16U Land uses within. the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements.
2. Under TRANSPORTATION, Page 43
Existing Conditions
Overland Road, East of Linder, is listed as a Minor
arterial.
3. Under COMMUNITY DESIGN
Entryway Corridors, Page 72
Entryway corridors are arterial roadways
entering the community that introduce both visitors
and residents to, Meridian. City -designated gateway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW —HOWELL PAGE - 11
, k
4
arterials include the following streets:
a. tI-84 (East and West entrances)
f. Eagle Road (North and South entrances)
g. Overland Road (East and West entrances)
Entryway corridors- are a community's front
door. It is'acknowledged that -the corridor's trees
(or lack thereof), commercial signage, and site
character provide the first, and often times the
most lasting, impression of the entire community.
Therefore, the entire community and, most
specifically its governing bodies, have the right
and the responsibility to guide the development and
redevelopment that occurs along entryway corridors.
Entrance Corridors Goal Statement, Page 73
Promote, encourage, develop and maintain
aesthetically-pleasing entrances to*the City of
Meridian.
k
Neighborhood Identi%y Goal Policies, Page 74
6AU Limit the conversion of predominantly
residential neighborhoods to nonrbsidential uses,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
21. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a Mixed/Planned Use Development Area.
22. That the requested zoning of General Retail and Service
Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 12
9
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."
�
23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, 'lists commercial }uses' allowed h - the various" zoning
districts of the City; that planned commercial `developments,, are an
allowed use in the C-Gad%stkict.
24 That Planned` Development is defined `in - 11-2=403` B,` at
page 20 of the Zoning Ordinance booklet, as-follows:
"An area of land which is developed as a single entity for a
number, of uses in combination with or exclusive of other
supportive uses.' A PD may -be entirely'- residential,
industrial,. or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as estiblished9in any one eor
more created districts.or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments,°or in which
the- proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses, and functions. This PD
classification applies to essential public services,-public or
private.recreation facilities, institutional uses, community
facilities or' a PD which includes a mix of residential,
3 commercial or industrial.-uses."
andia..Planned Commercial Development.is defined as follows:
"Any development in which the,'principal use of land is for
commercial purposes."
25. That in 1992 the Idaho 'State Legislature passed
amendments to the Local Planning Act, which in 67-6513'Idand Code,
relating to subdivision ordinances, states as follows°
Y».
'effects
"Each such ordinance may provide for` mitigation of -the
s of_, subdivision development on Fthe ability of political
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 13
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.";
that .the City of Meridian is concerned with the increase in
population that is occurring and with its impact on'the City being
able to provide fire, police, emergency health care, water, 'sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of- the Meridian School
District which provide school service to current and future
residents of the City; that the City knows that the increase in 3
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer,. parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students; that the industrial
and commercial developments do provide taxes for providing fire,
police, emergency healthcare, water, sewer, parks and recreational
services for people that are here, and which will come here.
26. That pursuant to the instruction, guidance, and direction
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 14.
27. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (101)
wide."
28. That Section 11-9-605 G I. 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
(201) wide, and shall not be a part of the normal street right
of way or utility easement."
29. ,That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the 'attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
30. That Section 11-9-605 R states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to* lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi -
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:'
1. To preserve openness;
2. To interconnect park and open space systems within rights
of way for trails', walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways,. drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 15
"
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
31. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall•be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle -Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
32. 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.
33. 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:
I. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
5. A more convenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
34. That 11-9-607 E, of the Subdivision Ordinance, states in
part as follows:
"A PD shall be allowed only as a Conditional Use in each
district subject to the standards and procedures set forth ina
the Section. A PD shall be governed by the regulations of the
district or districts in which said PD is located. The
Approval of the Final Development Plan for a PD may provide
for such exceptions from the district regulations governing
FINDINGS OF FACT,AND CONCLUSIONS OF LAW —HOWELL PAGE - 16
use, density, area, bulk, parking, signs, and other
regulations as may be desirable to.achieve the objectives of
the proposed PD, provided such exceptions are consistent with
the standards and criteria contained in this Section."
35. That 11-9-607 F, of the Subdivision Ordinance, states in
part as follows:
1. Planned Developments Planned developments shall be
subject to requirements set forth in the Zoning Ordinance
and also subject to all provisions within this Ordinance.
B. Financial Guarantees -The developer shall post financial
guarantees for all approved 'on-site improvements if
required pursuant to 9-606 C."
36. The Applicant submitted an Application and materials and
documentation for a conditional use permit for a truck/trailer
sales and service facility; that such Application, materials and
documentation on the conditional use are incorporated herein by
this reference as if set forth in full; that the Applicant
submitted materials on the conditional use request and did
reference how the truck/trailer sales and service facility would be
operated; there were comments from the public which pertained to
the annexation.and zoning and to the conditional use permit, and
such are incorporated herein as if set forth in full for purposes
of the -application for the conditional use permit.
37. That proper notice was given as -required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
r CONCLUSIONS
A. That all the procedural requirements of the Local
Planning Act and of the 'Ordinances of the City of Meridian have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 17
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
B. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2=417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
C. That theTC ty Co 1 has judged these annexation, zoning
and conditional use applications under Idaho Code, Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take :judicial notice.
D. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
E. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
F That 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.
G. That the annexation application has been initiated by the
Applicant with the consent of the property owners, and is not upon
the initiation of the City of Meridian.
H. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 18
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
I That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways.
J. That this Application has been difficult for the
Commission to decide because of opposition to the Applications,
which could dictate that the Application,be denied, and because of
the Meridian Comprehensive Plan which shows the land as being in an
area ,shown as a Mixed/Planned Development Area, which could dictate
that.the Application be approved; that,the-Commission understands
the objections and sympathizes with them on an individual basis- and
understands the Comprehensive Plan's direction for development of
the area; that the duty of the Commission, however, is not to be
controlled by the interests of individual property owners and their
concerns, but also the Comprehensive Plan is just that, a plan and
not a controlling ordinance; that this statement that the
comprehensive plan is not controlling is supported by Balzer v, -
Kootenai County td. of Commis, 110 Idaho 37., 714- P.2d 6 (1986) ,
stating that Section 67-6511, Idaho Code, does not require" a zoning
ordinance's land use designations to be in strict conformance with
the corresponding land use designation of the comprehensive plan,
Ferguson v. Board of County Commis, 110 Idaho. 785, 718 P.2d 1223
(1986) holding that the decision of the County Commissioners to
FINDINGS OFFACTAND CONCLUSIONS OF LAW - HOWELL PAGE - 19
I
C
d
rezone property as commercial, 'even though it`was contrary to the
existing comprehensive plan, was supported by substantial evidence
and was not clearly erroneous, and Bone v. City of Lewiston, 107
Idaho 844, 693 P.2d 1046. (1984), stating that a land use map is not
the comprehensive plan, but only a subpart of one of 12 components
referred to in section 67-6508 which go into the making of a plan.
R. That the duty of the Commission is to assess the
applications on the basis of the overall good of the City and its
citizens; that it is with this duty and background that the
Commission has undertaken to make these Findings and Conclusions.
L. That the Applicant'has stated in its Applications, and in
its presentation to the Commission at the public hearing, that its
proposed use of the property will: be an industrial use; that the
type and location of the industrial use proposed by the Applicant
is not in compliance with the Comprehensive Plan since the Plan
states that industrial development should be encouraged to locate
adjacent to existing industrial uses and there are no industrial
uses adjacent to Applicant's site.
The use is also not in conformance with the Plan since the
Plan states that the character, site improvements and type of light
industrial developments should be harmonized with the residential
uses in the area; that the Applicant did not present any evidence
how its truck operation would be harmonized with the residential
developments in the area; also it would be very difficult to
harmonize truck traffic, noise, and, pollution with the many
residential neighbors in the area. The Plan also states that
FINDINGS OF FACT AND CONCLUSIONS OF•LAW - HOWELL PAGE - 20
industrial uses adjacent to residential areas should not create
noise, odor, air pollution, and visual pollution greater than
levels normally associated with surrounding residential activities;
it is likely, and probable, that the noise, odor, air pollution,
and visual pollution levels produced by a number of Freightliner
trucks would be substantially greater than that created by a
residential subdivision.
The Plan also states that land uses within the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; it is judicially noticed that trucks of
the nature that Applicant proposes to sell and service are not
clean or quiet and'that the exhaust they produce is considered to
be hazardous or objectionable.
M. That if the property was annexed and zoned, as a
condition of annexation and the zoning of C -G, the Applicant would
be required to enter into a development agreement as 'authorized by
11-2-416 L and 11-2-417 D; that the development agreement would
address, among other things, the following:
1. Inclusion into the development, including but not limited
to, the requirements of 11-9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
C. H, Public Sites and Open Spaces.
d. R, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. ' M, Piping of Ditches
and 11-97606
a. Bicycle Pathways. r
b. Storm drainage.
C. Sidewalks and Pedestrian Walkways.
d. Greenbelt.
e. Pressurized Irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 21
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fees, adopted by the
City, as agreed to by the Applicant in statements by its
representative during the public hearing.
3. Addressing access linkage, screening, and buffering.
4. An impact fee, or fees, for park, police, and fire
services as determined by the city.
5. Appropriate berming and landscaping.
6. Submission and approval of any required plats.
7. Submission and approval of individual buildings,
drainage, lighting, parking, and other development plans
under the Planned Development guidelines.
B. Harmonizing and integrating the site improvements with
the existing residential development.
9. Establishing a 35 foot landscaped setback as suggested
under the Comprehensive Plan and landscaping the same.
10. Addressing the comments of the Planning Director.
11. The sewer and water requirements.
12. Agreeing that the Meridian Comprehensive Plan is
applicable to the land and any development.
13. Traffic plans and access into and out of the development.
14. Meeting the representations made as part of the
Application and hearing process.
15. And any other items deemed.necessary by the City Staff,'
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
N. That Section 11-2-417 D of the Meridian Zoning Ordinance
states that, if annexed, a development agreement should be recorded,
in the office of the Ada County Recorder and take effect upon the
adoption of the ordinance annexing and zoning the property, or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 22
prior if agreed to by the owner of the parcel. That it has been
the experience of the City that development agreements are
difficult to 'enter into prior to the annexation ordinance being -
passed; that it is concluded that the development agreement shall
be entered into prior the final plat being approved and prior•to
issuance of any building permits, if the property was annexed.
O. That it is concluded that the annexing and zoning of the
property is not in the best interests of the City of Meridian and
an annexation.:and zoning ordinance should not be enacted.•
P. That regarding the conditional use permit applied for, it
is concluded, that since the Commission has concluded that the
annexation and zoning is not in the best interests of the City,
there is no useful purpose in making conclusions for the
conditional use permit
Q. That if the property was -annexed and zoned, the
requirements of the Meridian City Engineer's office, Meridian Fire
Department, Central District Health Department, and the Nampa &
Meridian Irrigation District, would have to be met and addressed in
a development agreement.
R:" That if annexed, all ditches, canals, and waterways would
have to be tiled as a condition of annexation and if not so -tiled,
the property would be,subject to de -annexation.
S. That .the Applicant would be required to connect to
Meridian water and sewer and resolve how the water and'sewer mains
will serve the land; that the development of the property would be
subject to and controlled by the Subdivision and 'Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE - 23
Ordinance and the development agreement.
T. That if annexed the Applicant would be required to meet
the requirements of the Ada County Highway District
U. That if annexed, these conditions would run with the land
and bind the applicant and his assigns.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
•COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
y
CHAIRMAN JOHNSON•(TIE BREAKER) VOTED
-DECISION
The Planning and Zoning Commission of the City of Meridian
hereby recommends to the Meridian City Council that the property
set forth in the application not be annexed and zoned and therefore
no conditional use permit be granted.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - HOWELL PAGE -'21
t.
r
OCT 2 6 1995
CITY
0i N;_zL A U I
JAMES E. BRUCE, PresiaenT '
SHERRY R. HUBER, Vice PresiaenT
SUSAN S. EASTLAKE, Secrerary
October 6, 1995
TO':' Bill Howell.Transport Truck and Trailers
�c/o P.O. Box 15324
Boise ID 83715
FROM: , Karen Gall i
Development Services Division i=
SUBJECT: MCU-19-95/MA-3-95 Overland e/o Locust Grove
Truck/trailer sales & services
Your application for the above referenced project was acted on by the Commissioners of the Ada
County Highway District on October 4, 1995. The attached staff report lists conditions of
approval and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
John Ednev - -
Chuck Rinaldi
Meridian City Hall w
I
ada county highway district
3 13 East 37th • Boise, Idaho 837 i 4-6499 . Phone (208) 345-7680
�;. ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Development Application Report
MCU-19-95/MA-3-95 Overland e/o Locust Grove Truck/trailer sales & service
The applicant is requesting annexation approval with rezone from RT to CG and conditional
use approval for a truck and trailer sales and service facility. The 28.49 -acre site is located on
the north side of Overland Road approximately 1/4 -mile to 1/2 mile east of Locust Grove
Road.. This development is estimated to generate less than 1,000 additional vehicle trips per
day (depending upon the ultimate use of the undeveloped portion of the project).
Roads impacted by this development:
Overland Road - Minor arterial with no pathway designation
- Traffic count 7,046 on 7-12-95
ACHD Commission Date - October 4, 1995 - 12:00 p.m.
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Facts and Findings:
A. General Information
RT - Existing zoning
CG - Proposed zoning
28.49 - Acres
21,600 - Square feet of proposed sales & service building (approx)
31,200 - Square feet of proposed maintenance shop (approx)
286 - Traffic Analysis Zone JAZ)
West Ada - Impact Fee Benefit Zone
Western Cities - Impact Fee Assessment District
Overland Road
Minor arterial with no pathway designation
Traffic count 7,046 on 7-12-95
803 -feet of frontage
50 -feet existing right-of-way (25 -feet from centerline)
90 -feet required right-of-way (45 -feet from centerline)
Overland Road is improved with 28 -feet of pavement with no curb, gutter or sidewalk.
B. Plans for the improvement of Overland Road from Eagle Road to Meridian Road have been
completed and are "on the shelf" awaiting funding for construction. This segment of Overland Road
has been the subject of much residential development on the south side of Overland Road during the
past three years since the completion of the improvement plans. More than 700 -lots have been
approved as preliminary plats or are in the application review process within the square mile directly
south across Overland Road from this parcel.
C. The subject property is currently used for agricultural purposes. The site plan indicates that this is a
parcel split off from an original agricultural parcel and a separate parcel includes the original farm
residence.
D. Access to site is proposed to be provided by three driveways. The eastern most driveway is located
approximately 3,310 -feet west of Eagle Road and 570 -feet west of the new property line. The center
driveway is located 3,623 -feet west of Eagle Road and 885 -feet west of the new property line. The
western driveway is located 3,870 -feet west from Eagle Road and 1,130 -feet west of the new property
line.
South of Overland Road and directly across from this proposal is the site of a previously approved
preliminary plat (Sundance Subdivision) including 291 -lots, accessing Overland Road by means of
two proposed public roadways. These roadways are located 3,290 -feet and 3,990 -feet, respectively,
west of Eagle Road. The western roadway (shown on the preliminary Plat as "Red Cloud Way") will
interfere with the operation of the western driveway, since they are only separated by 120 -feet.
District policy requires a minimum separation of 150 -feet from a collector intersection for a right-
in/right-out driveway and 220 -feet for a full access driveway. Therefore staff recommends that the
applicant be required to revise the site plan to change the location of the proposed driveway to meet
District standards. (Submitted on September 29, 1995 - see attached).
E. District policy allows a total of three driveways on Overland Road for the entire parcel (including
future development).
MCU 1995.WPD
Page 2
F
F. The site's proposed uses will attract a considerable number of large trucks that require more space to
maneuver. They also require larger gaps in opposing traffic when making turns into and out of the
site driveways. An added left -turn lane at the main entrance intersection on Overland Road will
create a dedicated turn lane for the trucks. The added turn lane will also allow through traffic on
Overland Road to proceed without delay or risk.
G. The transportation system will be adequate to accommodate additional traffic generated by this
proposed development. Although the traffic generated by this development will be primarily made up
of large vehicles, it is likely that they will not be loaded heavily. Therefore, staff has not made a
finding or recommendation that Overland Road be overlaid.
H. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning
Commission on October 10, 1995.
The following requirements are provided to the City of Meridian as conditions for approval:
Site Specific Requirements:
Dedicate 45 -feet of right-of-way from the centerline of Overland Road abutting the parcel (20
additional feet) prior to issuance of building permit (or other required permits). The owner will be
compensated for this additional right-of-way from available impact fee revenues in'this benefit zone.
If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of
application to the impact fee administrator prior to breaking ground, in accordance, with Section 15
of ACHD Ordinance #188.
2. Construct an eastbound left turn lane in Overland Road adjacent to the main site driveway. The
design of the added turn lane should provide a minimum 100 -foot storage area plus the needed
approach and departure tapers. The roadway design plans must be approved by District Development
Services staff.
3. Provide a $10,440.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required
street improvements of 5 -foot wide concrete sidewalk on Overland Road abutting the parcel prior to
issuance of building permit (or other required permits).
4. Revise the site plan to change the location of the western driveway to conform with District
standards.
5. A total of three driveways on Overland Road are permitted for the entire parcel (including future
development) in compliance with District policy. Lot access restrictions shall be stated on the final
plat.
MCU 1995. WPD
Page 3
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein shall be
made in writing to the Development Services Supervisor. The request shall specificall identi ' each
requirement to be reconsidered and include a written explanation of why such a requirement would
resuItsubstantial hardship or inequity.
Requests received prior to the date scheduled for Commission action shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
A request for an appeal of the Commission's action shall be made in writing to*the Development
Services Supervisor within 15 calendar days of the action and shall include a minimum fee of
$110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after
receipt. The request for appeal shall specifically identify each requirement to be reconsidered and
include a written ex
ineuit . lavation of whY suchre a uirement would result in a substantial hardship or
3. A right-of-way permit must be obtained from ACHD for any street or utility construction within the
public right-of-way. Utility cuts should be combined where practical to limit pavement damage.
Utility street cuts in roads paved within the last five years will not be allowed unless a1212roved by the
District Commission Contact Construction Services at 345-7667 (with file number) for details.
4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to
issuance of building permit (or other required permits). The proposed drainage system shall retain all
storm Fwater on-site and shall conform to the requirements of the City of Meridian.
5. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are
not being shared with the adjacent property.
6. Continue existing irrigation and drainage systems across parcel.
7. Continue borrow ditch drainage abutting parcel (culvert may be required).
8. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff
into their system.
9. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage
ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations
shall be obtained from the appropriate entity. If determined by the District, existing irrigation
facilities may remain in the right-of-way with District review and approval of easements recorded for
future relocation at a later date.
10. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight -triangle of all
street and driveway intersections.
11. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction
higher than 36 -inches above the top of pavement will be allowed, including landscaping, berms,
fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline
of any collector 350 -feet; and the short leg measured down the centerline from the collector street
curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions.
12. Submit three sets of street construction plans to the District for review and appropriate action.
MCU 1995. WPD
Page 4
r ,
13. Provide design data for proposed access to public streets for review and appropriate action by ACRD.
14. All public streets and drainage systems shall be designed and constructed in conformance with District
standards and policies.
15. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations
presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or
Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215.
16. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
17. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
Should you have any questions or comments, please contact the Development Services Division at
345-7662.
Submitted by:
Development Services Staff
Date of Commission Approval:
OCT 0 4 'N95
MCU 1995. WPD
Page 5
MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10, 1995
APPLICANT: BILL HOWELL AGENDA I TEM NUMBER: 14
REQUEST: REQUEST FOR ANNEXATION/ZONING OF 28.49 ACRES TO C -G
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST: `
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
i IOFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE UALLEy
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
To: Mayor, City Council, Planning & Zoning.
From: Bruce Freckleton, Assistant to City Engineer
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Annexation & Zoning of 28.49 Acres to C -G)
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
October 6, 1995
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1 • The legal description submitted with this application for annexation and zoning appears to
describe the subject parcel, however it needs to be revised so that the northerly boundary
is the northerly boundary of Interstate 84 rather than the centerline. Magic View Estates
Subdivision, a County Subdivision, lies north of the Interstate. The parcels on either side
of the subject parcel were annexed as part of the annexation for St. Luke's West. Those
descriptions includedu11 of the adjacent Interstate.
'IRANANEX.P&Z
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
A Good Place to Live
RONALD R. TOLSMA
BRUCE D. STUART, Watler ty Works S�pt.
CITY OF MERIDIAN
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
JOHN T. SHAWCROFT Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
33 EAST IDAHO
P & Z COMMISSION
SHARI S. STILES, P & Z Adm.
MERIDIAN, IDAHO 83642
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
MOE ALIDJANI
W.L. 'BILL" GORDON, Police Chief
Public Works/Building Department (208) 887-2211
JIM SHEARER
WAYNE G. CROOKSTON, JR., Attorney
Motor Vehicle/Drivers License (208) 888-4443
CHARLIE ROUNTREE
TIM HEPPER
MEMORANDUM
GRANT P. KINGSFORD
Mayor
TO: Planning & Zoning Commission, Mayor and Council
FROM:an L. tiles, Planning g & Zoning Administrator
DATE: October 6, 1995
SUBJECT: Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and Service Facility by Bill Howell
1. Details of the landscaping plan are needed for review and approval. Four- to six -foot -
high berms should be included along Overland Road to reduce impact of headlight glare
on adjacent residential property. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500 square feet of pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road are both
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely be required
by ACHD.
3. The proposed realigned subdivision boundary would require a plat to be prepared, as
these are not platted lots.
4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations.
6. Applicant's representative has stated this facility will be an 8:00 a.m. to 5:00 p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
P&Z Commission, Mayor and Council
October 6, 1995
Page 2
7. Illumination shall be designed to not cause glare or adversely impact neighboring
residential uses and freeway traffic.
8. A development agreement is required as a condition of annexation. It would be
preferable to have a detailed list of conditions in lieu of a development agreement.
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON. JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDLA N
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 a FAX (208) 8874813
Public Worim/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST`. Annexation/zoning of 28.49 acres to Commercial General (C G)
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO -(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GASP FLIM & FINAL PLAT)
BUREAU OF REC T ON(PR�l.IM & FINAL PLAT)
CITY FILES ! / j i
OTHER: ! �I _
YOUR CONCISE REMARKS:
FM
S E P C 5 1995
CITY OF MERIDIAN
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 6 Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642.
Phone (108) 8884433 a FAX (208) 887-4813
Public Works/Building Department (208) 887_2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P S 2 COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES.FORRCOMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST` AnnexatiDn/zoninci of 28.49 acres to Commercial General C -G '
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO -(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:_ d- % -
YOUR CONCISE REMARKS:
A,
SE
Pit ff
?�ZB 01A_)_�,
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: _October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST:.-Annexation/zoning of 28.49 acres to Commercial General (C -G)
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P2
CHARLES ROUNTREE, P2
TIM NEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
=NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on the annexation zoning
request by Bill Howell.
Nampa & Meridian Irrigation District
tendent
HUB OF TREASURE VALLEY
J s OFFICIALS
COUNCIL MEMBERS
WILLIAM G. BERG, it., City Clark
A Good Place to Live
RONALD R. TOLSMA
JANICE City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
CITY OF MERIDLAN
MAX YERRINGTON
ROBERT O. RR W
WALT W. MORROW
JOHN T. SHAWCROFT, Waste Water Supt.
P & Z COMMISSION
DENNIS J. SUMMERS, Parks Supt.
33 EAST IDAHO
JIM JOHNSON, Chairman
SHARI S. STILES, P S Z Adm.
KENNETH W. BOWERS, Fire Chief
ti�
MERIDIAN, IDAHO 83642F� +
i',r, I EV
MOE ALIDJANI
JIM SHEARER
W. L"BILL" GORDON, Police Chief
Phone {m8) 888-4433 •FAX (2� 887 4813 Ly"
CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (�) 8v nl t
TIM NEPPER
OCT - 4 :JJJ
GRAM P. KINGSFORD
MaWr CITY OF 14ERIDIAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: _October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST:.-Annexation/zoning of 28.49 acres to Commercial General (C -G)
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P2
CHARLES ROUNTREE, P2
TIM NEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
=NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on the annexation zoning
request by Bill Howell.
Nampa & Meridian Irrigation District
tendent
MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10, 1995
APPLICANT: BILL HOWELL AGENDA I TEM NUMBER: 15
REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKITRAILER SALES AND
SERVICE FACILITY
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS
II Materials presented at public meetings shall become property of the City of Meridian.
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
To: Mayor, City Council, Planning & Zoning.
From: Bruce Freckleton, Assistant to City Engineer
(11
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
October 6, 1995
Re: TRANSPORT TRUCK & TRAILERS, INC.
(Request for Conditional Use Permit for Truck/Trailer Sales & Service Facility)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
♦ GENERAL COMMENTS:
1. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
4. Paving. and striping shall be in accordance with the standards set forth in Sections
11-2414.D.4 and 11-2414.D.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted for all off-street parking areas and shall be approved by the City
Engineer (Ord. 557, 10-1-91).
6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in'accordance with City Ordinance Section •11-2-414.D.3.
POWFRCTR.P&Z
Mayor and Council
March 30, 1995
Page 2
7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance.
8. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist.
9. Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
+ SITE SPECIFIC COMMENTS:
1. Please provide the Public Works Department with information on anticipated fire flow and
domestic water requirements for the proposed site. This information is very critical for
determining the water serviceability of this proposal.
2. At this time the proposed site is not serviceable bytheMeridian City Water System.
Applicant will be required to construct 12 inch diameter water mains from the City's
current points of terminus in Overland Rd. (approx. 1,800 LF west) to and through the
proposed site.
3. At this time the proposed site is not serviceable by the Meridian City Sanitary Sewer
System. Sanitary Sewer service to this site could be via the future south spur of the Five
Mile Trunk Sewer main currently under construction for the St. Luke's West Medical
Center.
4. Assessment fees for water and sewer service are determined during the building plan
review process. 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.
POWERCTR.P&Z
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL' GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
Planning Zoning Commission, Mayor and Council
Shari �LStiles, Planning & Zoning Administrator
October 6, 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
Request for Annexation and Zoning of C -G with a Conditional Use Permit
for a Truck/Trailer Sales and Service Facility by Bill Howell
1. Details of the landscaping plan are needed for review and approval. Four- to six -foot -
high berms should be -included along Overland Road to reduce impact of headlight glare
on adjacent residential property. City Ordinance requires a minimum of one (1) three-
inch (3") caliper tree per 1,500 square feet of pavement. This requirement is unrealistic
for this development; however, careful planning of landscaping is required and must be
approved prior to obtaining building permits. I-84 and Overland Road are both
designated as entrance corridors in the Comprehensive Plan and therefore require a 35 -
foot minimum landscape setback. Perimeter and internal landscaping is also required.
2. Five-foot (5') sidewalks shall be installed per City Ordinance. ACHD approvals for work
within the public right-of-way shall be submitted to the Meridian Public Works
Department prior to commencement of work. Deceleration lanes will likely be required
by ACRD.
3. The proposed realigned subdivision boundary would require a plat to be prepared, as
these are not platted lots.
4. Any existing irrigation or drainage ditches crossing the property shall be tiled per City
Ordinance. A drain ditch currently exists along the eastern property boundary which
needs to be tiled.
5. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent
upon meeting all zoning, building code, public works, Fire Department and agency
regulations.
6. Applicant's representative has stated this facility will be an 8:00 a.m. to 5:00 p.m.
operation. It is, however, within the realm of possibility that overnight repair work will
be needed. If this may occur, has applicant made provision for soundproofing of
service/maintenance shop to avoid disturbance to residential uses?
P&Z Commission, Mayor and Council
October 6, 1995
Page 2
7. Illumination shall be designed to not cause glare or adversely impact neighboring
residential uses and freeway traffic.
8. A development agreement is. required as a condition of annexation. It would be
preferable to have a detailed list of conditions in lieu of a development agreement.
:S
.G, Jr., City Clerk
ZS, City Treasurer
,AITH, P.E. City Engineer
j. STUART, Water Works Supt.
T. SHAWCROFT, Waste Water Supt.
.ANIS J. SUMMERS, Parks Supt.
4HARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON. JR., Attomey
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN'
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 a FAX (208) SP4913
Public Works/Building Department (209) 887-2211
GRANT P. X3NGSFORD
mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIEROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST:_ Conditional Use Permit for a truck/trailer sales and service facili
BY: Bill_ Howell �.
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z ,
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECZTI �N(P LIM & FINAL PLAT)
CITY FILES
OTHER:J s,
YOUR CONCISE RE K :
SEP 2 5 1995
aTY OF KRIM,
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Perks Supt.
SHARI S. STILES, P a 2 Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Platte to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 a FAX (208) 887.4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMSERS
RONALD R. TOLSMA
MAX YERRINGTON
ROSERT D. CORRIE
WALT W. MORROW
P 6 2 COMMISSION
JIM JOHNSON, Chairman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, PIZ
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, CIC
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
-ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER: - ` ��
YOUR CONCISE REMARKS:
ALL E c g Es- W; L t? u rc .rc o 7`O .c3sz
M a r. ALC. A !1 AS
N- Lh¢ Ljo A Ntchn.
F P Z ' 1995
t
S
rSe
CCENTRAL
DISTRICT
HEALTH
DEPARTMENT
Rezone #
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division Return to:
Conditional Use #Jc1e
Preliminary / Final / Short Plat
We have No Objections to this Proposal.
olse
"� ;'` . _._ _. ❑ Eagle
❑ Garden city
Meridian
❑ Kuna
❑ ACz
2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
L22- 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
a high seasonal ground water
❑ solid lava from original grade
❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
57, 10. Street Runoff is not to create a mosquito breeding problem.
❑ 12.
$tormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
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 installed to meet Idaho State Sewage
Regulations.
❑ 14. 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
5. s� •� �� . rt/ d' % E Bi 4ii✓EZ� �7' �h ' s ��•"i i� c Date: 7 /
/F C; i y SCN/�7' s"Er�/cam /S ;r /l Reviewed By: `--
�Y Ji , A.c.,,�t.-1-v� �11J�6✓A9,�=.G4.�.✓/' l/"�.//��C�i- %� /a'�%/�/',f-`� r-
Revlew Sheet
(OHO IMI rcb. rev. 1195 <,
OFFICIALS
WILLIAM G. BERG, Jr.. City Clerk
JANICE L GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P R Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
COUNCIL MEMBERS
A Good Place to Live
RONALD R. TOLSMA
MAX YERRINGTON
ADA COUNTY HIGHWAY DISTRICT
ROBERTCITY
OF MERIDIAN
WALT
MORD. ROW WALT W. MORROW
P & Z COMMISSION
33 EAST IDAHO
JIM JOHNSON, Chairman
MERIDIAN, IDAHO 83642
MOEALIOJANI
JIM SNEAKER
Phone (208) 88"33 a FAX (208) 8874813s k EDU
REC �
CHARLIE ROUNTREE
TIM
Public Works/Built ft Department (2pg) 887-2211
HEPPER
GRANTP. RD 0 C T - 4 195
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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truck/trailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information.
Bill Henson, Assistant Water Superintendent
Nampa & Meridian Irrigation District
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, PTZ
ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
TIM HEPPER, PfZ
CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR
X_NAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C
-SETTLERS IRRIGATION DISTRICT
BOB CORRIE, C/C
IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
MAX YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
-WATER DEPARTMENT
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT
CITY FILES
BUILDING DEPARTMENT
FIRE DEPARTMENT
-OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
POLICE DEPARTMENT
District's Cook Lateral courses along the south boundary
CITY ATTORNEY
of the Droiect. The right-of-way of the Cook Lateral is 30
CITY ENGINEER
feet: 15 feet from the center each way. See Idaho Code
The
CITY PLANNER
develo
42-1208, RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION.
er must contact John Anderson or Bill Henson at Nampa & Meridian'rrigation
District 466-0663 or 345-2431
for approval before any encroachment or c ange of
right-of-way
occurs. All laterals and waste ways must be protected Municipa surface
drainage
must be retained on site. If any drainage leaves the site, Nampa & Meridian
Irrigation
District must review drainage plans It is recommended that irrigation
water
be made available to all
developments within this District This District requires
thar
a Land Use Chang,/Site Development application be filed for review prior to
final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information.
Bill Henson, Assistant Water Superintendent
Nampa & Meridian Irrigation District
RECEIVED
0 C T - 4 1990 -
CITY OF NIE IMN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
03 October 1995 OFFICE: Nampa 466-7861
Boise 343-1884
Bill Howell SHOP: Nampa 466-0663
Transport Truck and Trailers, Inc. Boise 345-2431
PO Box 15324
4665 Enterprise Street
Boise, ID 83715
RE: Land Use Change Application for A Truck/Trailer Sales and
Service Facilitv
Dear Mr. Howell:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above
referenced development.
Roylance & Associates, P.A. were previously sent a complete packet
of information concerning Land Use Change, urban irrigation, and
exclusion.
If you have any questions concerning this matter, please feel free
to call on Donna Moore at the District's office or John Anderson,
the District's Water Superintendent, at the District's shop.
Sincerely,
DAREN R-* COON, SECRETARY/TREASURER
NAMPA & MERIDIAN IRRIGATION DISTRICT
DRC/jas
Pc: File,
Water Superintendent
City of Meridian
Roylance &,Associates, P.A.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
OFFICIALS
i VALLIAM G. BERG, Jr.. City Clerk
JANICE L GASS, City Treasurer
GARY O. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P AZAdm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON. JR:, Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Photo (208) 888-4433 a FAX (208) W-4813
Public Works/Budding Departtnent (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL. MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
PAZ COMMISSION
JIM JOHNSON. Chairman
MOR ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
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 8t Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3. 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10195
REQUEST: Conditional Use Permit for a truck/trailer sales and service facility
BY: __Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P2
MOE ALIDJANI, P2
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELN & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PREUM & FINAL PLAT)
BUREAU OF RECLAMATION(PREUM & FINAL PLAT)
CITY FILES
YOUR CONCISE
t P 2 1:9
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 • FAX (208) 8974813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: _October 3, 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Conditional Use Permit for a truckitrailer sales and service facility
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
,TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
I 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 PLAT)
CITY FILES I A / %1 r
YOUR CONCISE
57�-Q
r
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL. USE PERMIT
NAME_ 1\0�.��!'`'` �.(�3�i�"��'C i �)c�_ a�t�C�0�,1?a PHONE:
;j bre;
ADDRESS: -
GE ERAL OCATION: IT
DESCRIPTION OF PROPOSED CONDI'T'IONAL USE:
c�
ZONING CLASSIFICATION:
A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35
copies).
PLAN
I certify that the information contained herein is true and correct.
(P
Signature of Applicant , �Z
Social Security Number
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m. The purpose of the
Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described as located at
TO
SUBDIVISION, BLOCK , LOT
Roylance & Associates P.A. Engineers • Surveyors • Landplanners
4619 Emerald, Suite D•2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391
MEMORANDUM
TO: Shari Stiles
Planning & Zoning Administrator, City of Meridian
FROM: Sarah M. Bratley
ROYLANCE & ASSOCIATES, P.A.
DATE: September 15, 1995
RE: Attached Application for a Conditional Use Permit
Please accept the attached Application for a Conditional Use Permit. Following is a list of
information required in the application:
1. The applicant is Bill Howell, Transport Truck and Trailers, Inc., c/o P. O. Box 15324, 4665
Enterprise St., Boise, ID 83715 (208) 344-0999
2. The legal owner is Par 3, an Idaho General Partnership, 3084 East Lanark Street, Meridian,
ID 83642, (208) 887-7994.
3. Legal description of property is attached.
4. Notarized request for a Conditional Use Permit from titled owner and proof of ownership is
attached.
5. The existing use of the property is agricultural.
6. Present land use is agricultural.
7. Proposed land use is industrial.
8. Present district is RT. Application for Annexation ,& Zoning Request pending.
9. Attached are thirty copies of the vicinity map in the scale of one inch (1") equals three
hundred feet (300') and an additional thirty copies in the scale of one inch (1") equals one
thousand feet (1000') .
10. This proposal is compatible -with other industrial facilities adjacent to the project.
Memorandum
Shari Stiles
September 15, 1995
Page 2
11. Attached is a list of all the property owners within a three hundred foot (300') radius of the
property.
12. Fee based on total site of 28.49 acres and 12 certified mailing notices. Total fee attached is
$275.00 + $18.60 = $293.60
13. Attached is a statement that the applicant will pay'any additional sewer, water or trash fees or
charges, if any, associated with the use.
14. The applicant's signature on the application is verification that he has read the contents
thereof and verifies that the information contained therein is true and correct.
15. Signed affidavit regarding posting of property will be forwarded approximately 1 week before
hearing date.
If we may provide any further information, please contact myself or Dave Roylance at (208) 336-
7390.
COMMITMENT FOR TI1 LE INSUHANUM
SCHEDULE C _
File Number. P140631
The land referred to In this Commitment is described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER FTHE THE STATE OFEDAHO BY DEED RECORDED ST QUARTER LYING SOUTH OUNDER
F THE
INTERSTATE BO RIGHT OF WAY AS CONVEYEDO
INSTRUMENT NO. 596683 AND BEING INSECTION
EXCEPTING THAT NORTH
DESCRIBED BED ASEAST,
FOLOLOWS:
ISE
MERIDIAN IN ADA COUNTY, STATE OF IDAHO
BEGINNING AT THE SOUTH QUARTER CORNER COENTERLINE OF OVERLAND ROAD) THENCEF SAID SECTION 17, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, ADA COUNTY,IDAHO�
NORTH 0 DEGREES 11' EAST 1227.7 FEET; THENCE
SOUTH 79 DEGREES 49' WEST 435.19 FEET; THENCE
SOUTH 25 DEGREES 41' EAST 125.75 FEET; THENCE
SOUTH 15 DEGREES 26' EAST 179.69 FEET; THENCE
SOUTH 24 DEGREES 36' EAST 337.77 FEET; THENCE
SOUTH 55 DEGREES 30' EAST 100.08 FEET; THENCE
SOUTH 0 DEGREES 11; WEST 500 FEET; THENCE
EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY.
END OF LEGAL DESCRIPTION
Roylance & Associates P.A. Engineers • Surveyors • Landplanners
4619 Emerald, Suite D-2, Boise, Idaho 83706 . Telephone (208) 336-7390 Fax (208) 336-7391
September 18, 1995
Project No. 1665
Legal Description for
Transport Truck and Trailer, Inc.
Annexation and Rezone
A tract of land situated in the Southeast 1/4 of the Southwest 1/4 of Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a brass cap monumenting the Southeast Corner of said Section 17; thence along the
southerly line of said Section 17 South 89°46'-22" West a distance of 2656.94 feet to a found 5/8" pin
monumenting the South 1/4 Corner of said Section 17; thence continuing along the southerly line of said
Section 17 North 89°-52'-19" West a distance of 100.60 feet to a found steel pin, said pin being the
POINT OF BEGINNING.
Thence North 00°-24'-58" East a distance of 500.60'feet to a found steel pin,
Thence North 55°-16'-02" West a distance of 100.08 feet to a found steel pin,
Thence North 24°-22'-02" West a distance of 337.77 feet to a found steel pin,
Thence North 15"-12'-02" West a distance of 179.69 feet to a point,
Thence North 25°-27'-02" West a distance of 243.79 feet to a point on the Centerline of
Interstate 84,
Thence following the Centerline of Interstate 84 Southwesterly 852.61 feet along the arc of a circular
curve to the right said curve having a central angle of 05°-06'-56", a radius of 9549.30 feet, a chord
bearing of South 84°-21'-35" West, a chord distance of 852.33 feet to a point on the westerly line of
the Southeast 1/4 of the Southwest 1/4 of said Section 17,
Thence leaving the Centerline of said Interstate 84 and following the westerly line of the
Southeast 1/4 of the Southwest 1/4 of said Section 17, South 00°-28'-00" West a distance of
1172.35 feet to a found steel pin monumenting the Southwest Corner of the said Southeast 1/4 of the
Southwest 1/4,
Thence along the southerly line of said Section 17 and the Centerline of Overland Road
South 89°-52'-19" East a distance of 1227.61 feet to the POINT OF BEGINNING.
The above described tract of land contains 30.71 acres, more or less, subject to all existing easements
and rights-of-way.
Prepared by: ROYLANCE AND ASSOCIATES, P.A.
4619 Emerald, Suite D-2
Boise, ID 83706
(208) 336-7390
(208) 336-7391 Fax
z:hvordtext\1665Vega1.509
o`l l usi`t
1797000133
SCHEDULE C
File Number. P134173
Tha land referred to in this Commitment is described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE
INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER
INSTRUMENT NO. 596683 AND BEING IN SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD)
THENCE NORTH 0 DEGREE 11' EAST 1227.7 FEET:
THENCE SOUTH 79 DEGREES 49' WEST 435.19 FEET;
THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET;
THENCE SOUTH 15 DEGREES 26' EAST, 179.69 FEET;
THENCE SOUTH 24 DEGREES 36' EAST, 337.77 FEET:
THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET;
THENCE SOUTH 0 DEGREE 11; WEST 500 FEET;
THENCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY.
END OF LEGAL DESCRIPTION
PIONEER TITLE COMPANY
OF AOA COUNTY
821 West Stale Street / Boise, Idaho 83702
(208) 336-6700
888 North Cole Road / Boise, Idaho 83704
I _r_ I (20$) 377-2700
1 71f J7000134
aG._.
r PIONEER TITLC CO.
�BG i
l
5PA(l: AM AT MIR R(t OkOl`(; I)A14
�IrVS rll:W:M�U:lu1 S4):fV:!411:��: �4: iV��ir�I•J N�!V. N.. U..r4..V..1..4..V..4.
't 1"t ��• 1�' 1"t 1"1 )'1 )� 1 11 't 1'r -- .
WARRANTY DEED
' 0NDIVIDUALI
il FOR VALUE RECEIVED RONALD N. VAN AUKER, a married man as ills sole anc
1 separate property,
Q GRANTOR(s) docs (do) hcrcby GRAN I. BARGAIN. 1L.Ll auJ (r)Ns'1.1' unm
PAR 3. an Idaho general partnership
ti GRANTEE(S), whose current addressis' 30b4 E. Lanark, Meridian, iD 83642
the following described real property in
more particularly described as fullows. to wit:
See the Attached Schedule C for legal description, which by
this reference is incorporated herein.
f
r'
C�
( :eons. tit:ucol IJahu,
Sig
e:
t?
r•
C;.
S?
TO HAVE AND lO HOLD the said premises. with their appurlrnatces unto the said (iranrtets). and (irmuec,19 he=r, and a,stpn.
forever. And the said Gramor(s) docs Ido) hereby covenant is) and with the said Grantee(%). the Gram. -no v, arr the owncrht at ter
simple of said premises; that said premises are free from all encumbrance.. )i)CCEP r those w which this :urtsc%anre t, csprc-h made
subject and those made, suffered or done by the Grantee(%). and subject to resereautms. rQgrinnwl.. dedwauom. cawrnem.. rtp).t. of
way and agreements. Warty) of record, and general taxes and assessments, includes angauon a• .t unlit% asses:mrna,. tit am - lar the
current year. which are not yet due and payable, and that Grantor(s) will warrant and defend the same trs:m all lawlul claim.
whatsoever.
Daly' October 21, 1994
i.
•STATQ',OF „su4aj)P�. County of
day of October . in the year of 1994 _, before me
a Notary Public, personally appeared _ Ronald W. Van Auker
subscribed to the within
n l (n In n I (n tnf ln%'
t;.
c.:
i
17J i U{10135
! SCHEDULE C
Fde Number. P134173
The land referred to in this Commitment Is described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE
INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER
INSTRUMENT NO. 596683 AND BEING IN SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH, RANGE t
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD)
THENCE NORTH 0 DEGREE 11' EAST 1227.7 FEET:
THENCE SOUTH 79 DEGREES 49'. WEST 435.19 FEET;
THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET:
THENCE SOUTH 15 DEGREES 26' EAST, 179.69 FEET;
THENCE SOUTH 24 DEGREES 36' EAST, 337.77 FEET;
THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET;
THENCE SOUTH 0 DEGREE 11; WEST SDD FEET;
THENCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY.
END OF LEGAL DESCRIPTION
Par 3,
An Idaho General Partnership
3084 East Lanark Street
Meridian, Idaho 84642
208-887-7994
September 14, 1995
Mr. Willard W. Howell
4665 Enterprise Street
Boise, ID 83715
Dear {Bill:
This letter is to serve as our consent as the property owner for the rezoning,
annexation and conditional use permit proposal you are submitting to the City of
Meridian for 29 acre parcel located on Overland Road which is described in the legal
description attached hereto.
Please feel free to call should you or the city have any questions.
Rqy,
Richard M. Phillips
General Partner
-
SCHEDULE C
File Number. P140631
The land referred to In this Commitment Is described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH OF THE
INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER
INSTRUMENT NO. 596683 AND BEING IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD) THENCE
NORTH 0 DEGREES 11' EAST 1227.7 FEET; THENCE
SOUTH 79 DEGREES 49' WEST 435.19 FEET; THENCE
SOUTH 25 DEGREES 41' EAST 125.75 FEET; THENCE
SOUTH 15 DEGREES 26' EAST 179.69 FEET; THENCE
SOUTH 24 DEGREES 36' EAST 337.77 FEET; THENCE
SOUTH 55 DEGREES 30' EAST 100.08 FEET; THENCE
SOUTH 0 DEGREES 11; WEST 500 FEET; THENCE
EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY.
END OF LEGAL DESCRIPTION
OFFICIALS
WILLIAM G. BERG, Jr., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 a FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995
TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95
REQUEST: Annexation/zoning of 28.49 acres to Commercial General (C -G)
BY: Bill Howell
LOCATION OF PROPERTY OR PROJECT: South of 1-84 and East of Locust Grove
Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
It
A
APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
(PROPOSED NAME OF SUBDIVISION)
(,k) socbv)
( GENERAL LOCATION) --I 310 1�..1. E
(LEGAL DESCRIPTION - ATTACH IF LENGTHY)
Y
CO
(OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.)
(ADDRESS)
(APPLICANT)
qu
(TELEPHONE NO.)
Ro I ��q
(ADDRESS)v.
(n l
(ENGINEER, SURVEYOR 'OR PLAIINE ) (NAME) (TELEPHONE NO.)
(ADDRESS)
47
(JURI DICTION(S) REQUIRING APPROVAL)
(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+50 2�• C1 ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:)
(FEE)
Roylance & Associates P.A. Engineers • Surveyors • Landplanners
4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336.739^
MEMORANDUM
TO: Shari Stiles
Planning & Zoning Administrator, City of Meridian
FROM: Sarah M. Bratley <g "/�
ROYLANCE & ASSOCIATES, P.A-
DATE: September 15, 1995
RE: Attached Application for Annexation Approval & Zoning or Rezone
Please accept the attached Application for Annexation Approval & Zoning or Rezone. Following
is a list of information required in the application:
1. The -applicant is Bill Howell, Transport Truck and Trailers, Inc., c/o P.O. Box 15324, 4665
Enterprise St., Boise, ID 83715 (208) 344-0999
2. The owner is Par 3, an Idaho General Partnership, 3084 East Lanark Street, Meridian, ID
83642, (208) 887-7994.
3. Notarized request for zoning amendment from titled owner is attached.
4. Legal description of property is attached.
5. Property adjoins Interstate 84 and Overland Road.
6. Present land use is agricultural.
7. Proposed land use is industrial.
8. Present district is RT.
9. Proposed district is CG.
10. This proposal is compatible with other industrial facilities adjacent to the project.
11. This property would be harmonious with adjacent developments.
Memorandum
Shari Stiles
September 15, 1995
Page 2
12. Enclosed is a site plan showing the project concerning the zoning amendments in a scale of
one (1) inch equals sixty (60) feet.
13. Enclosed are thirty copies of the vicinity map in a scale of one inch equals three hundred feet
and an additional thirty copies in a scale of one inch equals one thousand feet.
14. Enclosed is a list of all the property owners within a three hundred foot radius of the property.
15. The proposed zoning amendment relates to the Meridian Comprehensive Plan in that it will be
adhering to the mixed plan usage of the Plan, and being close to the interstate is in an area that
is intended for industrial use.
16. Fee based on total site of 28.49 acres and 12 certified mailing notices. Total fee attached is
$420.00 + $15.84 = $835.84
17. Signed affidavit regarding posting of property will be forwarded approximately 1 week before
hearing date.
Please contact either myself or Dave Roylance at (208) 336-7390 if we may be of any further
assistance.
Par 3,
An Idaho General Partnership
3084 East Lanark Street
Meridian, Idaho 84642
208-887-7994
September 14, 1995
Mr. Willard W. Howell
4665 Enterprise Street
Boise, ID 83715
Dear Bill:
This letter is to serve, as our consent as the property owner for the rezoning and
annexation proposal you are submitting to the City of Meridian for 29 acre parcel
located on Overland Road which is described in the legal description attached hereto.
Please feel free to call should you or the city have any questions.
I
Richard M. Phillips
General Partner
State of Idaho )
) ss.
County of Ada )
On this lI day of 1995, 1995, before
me a Notary Public in the State
of Idaho, personally appeared
known or identified to me to be one of the partners in the
partnership _i%'— �- that executed the said instrument
and acknowledged to me that he executed the same in said
partnership name.
i
ot ry Public in daho
siding in Nam a, Idaho
Commission Expires: 7/21/98
Roylance 8: Associates P.A. Engineers *Surveyors • Landplanners
4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336.7391
September 18, 1995
Project No. 1665
Legal Description for
Transport Truck and Trailer, Inc.
Annexation and Rezone
A tract of land situated in the Southeast 1/4 of the Southwest 1/4 of Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, 'Idaho, described as follows:
Commencing at a brass cap monumenting the Southeast Corner of said Section 17; thence along the
southerly line of said Section 17 South 89°-46'-22" West a distance of'2656.94 feet to a found 5/8" pin
monumenting the South 1/4 Corner of said Section 17; thence continuing along the southerly line of said
Section 17 North 89°-52'-195' West a distance of 100.60 feet to a found steel pin, said pin being the
POINT OF BEGINNING.
Thence North 00°-24'-58" East a distance of 500.60 feet to a found steel pin,
Thence North 55°-16'-02" West a distance of 100.08 feet to a found steel pin,
Thence North 24°-22'-02" West a distance of 337.77 feet to a found steel pin,
Thence North 15°-12'-02" West a distance of 179.69 feet to a point,
Thence North 25°-27'-02" West a distance of 243.79 feet to a point on the Centerline of
Interstate 84,
Thence following the Centerline of Interstate 84 Southwesterly 852.61 feet along the arc of a circular
curve to the right said curve having a central angle of 05°-06'-56", a radius of 9549.30 feet, a chord
bearing of South 84°-21'-35" West, a chord distance of 852.33 feet to a point on the westerly line of
the Southeast 1/4 of the Southwest 1/4 of said Section 17,
Thence leaving the Centerline of said Interstate 84 and following the westerly line of the
Southeast 1/4 of the Southwest 1/4 of said Section 17, South 00°-28'-00" West a distance of
1172.35 feet to a found steel pin monumenting the Southwest Corner of the said Southeast 1/4 of the
Southwest 1/4,
Thence along the southerly line of said Section 17 and the Centerline of Overland Road
South 89°-52'49" East a distance of 1227.61 feet to the POINT OF BEGINNING.
The above described tract of land contains 30.71 acres, more or less, subject to all existing easements
and rights-of-way.
Prepared by: ROYLANCE AND ASSOCIATES, P.A.
4619 Emerald, Suite D-2
Boise, ID 83706
(208) 336-7390
(208) 336-7391 Fax
z:\wordtext\ 166Vega1.509
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SCHEDULE C
File Number. P134173
Tha land referred to In this Commitment"is described as follows:
THAT PORTION OF THE SOUTHEAST, QUARTER OF. THE SOUTHWEST QUARTER LYING SOUTH OF THE
INTERSTATE 80 RIGHT OF WAY AS CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER
INSTRUMENT NO. 596683 AND BEING IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN IN ADA COUNTY, STATE OF IDAHO, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17, TOWNSHIP 3 NORTH. RANGE 1
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, (CENTERLINE OF OVERLAND ROAD)
a THENCE NORTH 0 DEGREE 11' EAST 1227.7 FEET;
THENCE SOUTH 79 DEGREES 49' WEST 435.19 FEET; +
THENCE SOUTH 25 DEGREES 41' EAST 125.75 FEET;
THENCE SOUTH 15 DEGREES 26' EAST, 179.69 FEET;
THENCE SOUTH 24 DEGREES 36' EAST, 337.77 FEET;
THENCE SOUTH 55 DEGREES 30' EAST 100.08 FEET;
THENCE SOUTH 0 DEGREE 11; WEST 500 FEET;
THcNCE EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY.
END OF LEGAL DESCRIPTION r
150 75 0 150 300 450
SCALE IN FEET
E,J_ oR
500 250 0 500 1.000 1.500
SCALE IN FEET
$CJI fE t47—"L—CIVECrtA�V—o'rr�cc
BOISE IDAHO 83706
(208)336-7390
9509-1665 MCIN300.1)W0
ENGINEER
ROYLANCE AND ASSOCIATES PA
ENGINEERS -SUR V EYORS-LANDPLANNEI
4619 SUITE D-2 EMERALD STREET-
BOISE
TREET-BOISE IDAHO 83706'
(208)336-7390
9509-1665 VICINITY.DWG
9
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ey
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u
3
$CJI fE t47—"L—CIVECrtA�V—o'rr�cc
BOISE IDAHO 83706
(208)336-7390
9509-1665 MCIN300.1)W0
ENGINEER
ROYLANCE AND ASSOCIATES PA
ENGINEERS -SUR V EYORS-LANDPLANNEI
4619 SUITE D-2 EMERALD STREET-
BOISE
TREET-BOISE IDAHO 83706'
(208)336-7390
9509-1665 VICINITY.DWG
11
U
.I
PIONEER TITLE COMPANY, I.
OF ADA COUNTY
821 West Slate Street i [poise, Idaho 83702
(208) 336-6700
888 North Cole Road / [poise, Idaho 83704
(20$) 377-2700
17J?000134
� worri=ER rrr,'.c CO,
i
••'.`t, i
--I t t t � � SPAT: AH tt'f foe lel-t rtNU1NG poi o
?•A1i,.4,Q!,CEf' lKjZji(i�:4!N�-!Nl%rj•,tl-11-tl-t '• �-, _._.` ) 1
4..4..41. W' N: tJ� ��
WARRANTY DEED
IINOIVIDUA(t
FOR VALUE RECEIVED RONALD W. VAN AUKER.' a married man as his
separate property, 541end
r"
GRANTOR(s) dues (do) Itcrc(ry GRAN I. IIARGAIN, �I.1•I and (YiNVr.1' unto
PAR 3, an Idaho general partnership
I GRANTEE(S),whose curremaddressis• 3064 E. Lanark, 9erldlan, ID 113642
the following described real property in ;
more particularly described as rullotss. ttt wit:
( vnnn. Slat, ul IJaho, c
See the Attached Schedule C for 1eQal description, tihich by S.
this refurence'is incorporated herein.
e,
r•
t:
C•:
r:
e r
3 e;.
} TO HAVE AND 1'O HOLD the said premises, wnh their a_
forever. And the said Grantor(s) duet Ido) herebv covenant to and wnh the said Grantee(sl. the Grano.n.l t, ar:• the i�w
r' ppuncnanccs unto the said (iranteclH. anJ (lrantva f•1 hen. and astpn.
simple of said premises; that said premises are free from all encumbrance•,
aut•t m tcc
subju t and those made, suffered or done by the Grameelsl: and subject to reservations. rrstrigtons. drdnauons. cr crnrm.. sl, m u(
IiXCC•1' f those n, which thea :ons,sance n capresas made
sway and agreements, (if any) of record,and general taxes and assessitlents. includes trrigauuo a ' wilco asses:mrnn. of anv, hu the
current year, which are not yet due'and payable, and that (iramor(s) will warrant and defend the same trom all lawtstl claim,
(z `4 whassoever.
N Dated: October 21, 1994 �/
may^ nalf! i , Van Au er
.'. SCATE�,OF ,�Td1Count
a� f
—
On ilii}>9!• y of
�_
ss.
t
-; __A
.Is
dayOr Octoberr
•C If ;r in the year of _l_994 _ (,clurr me
t� _ • ,.: a Notary Public, personally appeared Ronald k _l Z'
'an Auk__ er _
kn4tin�r�denliRcd to me to be the persons) whose name(s) is •'
. InStiften[ ai d a'eiinowle8 'ed io me that :
{..• t g
Bi. _ he executed the sam subscribed to the within
;nip.,. f• .. "• f,
Notary I blic: C
Residing at: Boise,?•
Idaho _
to My Commission .pires:_)larch 17,
.►�rJfS�f�li0lj'9ftplp'tlfiUt7li`�i;�r7i:ri^7.i7�iDfnJtiyii
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Y,ck:k�l k�t,,,${n,�•'i+.t'""'4a„:K+;ivJ i ._,>t:. ...rvwvyn .vw � ww,
N
. VICINITY MAP
a
TRANSPORT :TRUCK AND TRAILER INC.
A PORTION OF' THE SE 1/4 OF THE NW 'V4
OF SEOTION 17 T9N RIE BM ADA COUNTY IDAHO,
w
w
it
6�c�T Q
[CON
nNeNV'4 pFtIVE .
150 75 0 150 300 450
SCALE IN FEET
ST AT
f 64
10'rER��1+'9!
W®
SITE��///
J�
�c
SCALE: 1" = 300•
�_ �/ /// 0- //z 0- Z////// Al
OVERLAND ROAD
ENGINEER
ROYLANCE AND ASSOCIATES PA
ENGINEERS=SURVEYORS-LANDPLANNERS
4619 SUITE D-2 EMERALD STREET
BOISE IDAHO 83706
(208)336-7390
9509-1665 W IN300.DW0
2+1i1n�!ptq�.iY?h�rlrlil�J .
VICINITY MAP
TRANSPORT TRUCK AND TRAILER INC.
A PORTION OF THE SE 1/4 OF THE NW 1/4
0%= Mk=0 _9 %&J O'W 'T4V Cyt M\A ALr%AL &%~ @SdT%& 20%AL"0%
ROYLANCE AND ASSOCIATES PA
ENC31NEERS-SURVEYORS-LANDPLANNEF
500 250 `0 boo 1.000 1.5mE 4619 SUITE D-2 EMERALD STREET.
BOISE IDAHO 83706
SCALE IN FEET (208)336-7390
9809-1668 VICINITY.DWG
VICINITY MAP
TRANSPORT TRUCK AND TRAILER INC.
A PORTION OF THE ON V4 OF THE NW V4
ROYLANCE AND ASSOCIATES PA
ENGINEERS -SUR V EYORS-LANDPLANNEF
500 250 0 500 1.000 1,500 4619 SUITE D-2 EMERALD STREET
BOISE IDAHO 83706
SCALE N FEET (208)336-7390
9509-1665 VICINITY.DWG
a
Overview of Applicable Federal' Regulations
Aside from the regulations and conditions that may be imposed at the local level,
the Transpiration Sales Industry is regulated by the Environmental Protection Agency,
EPA,. the Occupational Safety and Health Act, OSHA, and the' Department of�
Transportation, DOT. The following attachments from the Code of Federal Regulations'
are by` no means inclusive, but serve to address particular concerns expressed by local
residents during the public hearings conducted' by the Meridian Planning and Zoning
Commission.
The issue of fumes, or unpleasant .smells being caused by this development is
addressed by the EPA in at least two sections: 1) 40 CFR Ch. 1, para 86.091-11,
'Emission Standards for 1991 and later model year diesel heavy-duty engines. This
9
section of code (attached) outlines emission requirements and testing procedures that
certify that 1991 and later diesel engines meet the requirements of the Clean Air. Act. 2)
40 CFR Ch. 1 para 86.884-1, Emission Regulations for New Diesel Heavy -Duty Engines;
Smoke Exhaust Test Procedure (attached). This section of code effectively eliminates the
black exhaust seen in older, diesel engines. The engine makers must test and certify that
the exhaust stream must not only be chemically clean, but transparent as well.
The issue of noise was also brought up as a legitimate concern. The EPA controls
noise pollution in several different manors. Firstly, in 40 CFR Ch.I Part 205 -
Transportation Equipment Noise Emission Controls (attached), the individual piece of
equipment must meet stringent requirements for the control of noise. The code is very
cl"ear on the manufacture and repair of equipment, any subsequent modification of noise
control equipment must meet these requirements. The 150T and local law enforcement
also have the capability of spot check monitoring of equipment. The EPA, through 29
CFR Ch. XVII para 1910.95 Occupational Noise Exposure (attached), also control the
amount of noise emanating from the workplace. Although this is primarily to protect the
workers on site it also set levels off-site.
In conjunction with a Sound Level Study conducted for this application of site
development it should be clear, that the Sales Facility will be a good neighbor to the
-tune" with the concept of a mixed use policy in
residents of Meridian and very much "in
this area of the city.
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Sound Level Study{
Transport Truck &Trailer
Annexation, Zone Change. and Conditional Use Permit
City of Meridian
Overview: This study was conducted in-house.by Transport Truck and Trailer. The data
was collected over a period of approximately one week by personnel'trained in the use of
a
a Type II ANSI Sound Level Meter (Quest 214). The A -weighted sound level was
L measured and collected at 15 second intervals for a twenty minute time period at each
site. The data sheets record the actual meter reading (to the closest decibel) at each site.
Unusual occurrences and out -of -character meter readings were recorded with anode
adjacent to the level as a means of source identification. ,
The table that follows -summarizes the data that was collected. A more detailed
description of the collection and analysis is attached.
Data Summary
Location
Date
Time
Ave A -weighted Sound Level
Current dealership site
12/4/95
11:OOAM
53 dB d
Eagle Rd. & Island Wood Dr:
12/4/95
1:30PM
67 dB
Island Wood Sub. clubhouse
12/4/95
2:OOPM
51 dB
Eagle Rd. & Chinden'Blvd.
12/4/95
2:30PM
67 dB,
Banbury Subdivision
12/4/95
3:15PM
44 dB
E. Amity & Danridge Dr.
12/5/95
8:OOAM
59 dB
Table Ridge & Pine Ridge
12/5/95
8:35AM
47 dB
Peterbilt, Gowen Rd @ I-84
12/7/95
11:35AM
51 dB
Cherry Plaza, Meridian-
12/7/95
11:OOAM
61 dB
632 Antigua; Mer. Grns
12/7/95
10:20AM
37 dB
Overland & Country Terr.
12/7/95
8:30AM
49 dB
Overland & Bonefish
12/7/95
`9:10AM
57 dB
L
Measurenenf Methods: Principal data for this study were obtained from the sites
located along or adjacent to the listed street or interior locations. Alhmeasurements made
at these sites employed the same procedure. The methodology employed is consistent
with the Boise Community Noise Survey published by the Office of Noise Abatement and
Control, United States Environmental Protection Agency as Document Number EPA~
550/9-79-402 in May of 1979. This document is available in the Boise City Library.
At each site, sound level recordings were continuously made for a twenty minute
period sometime between the hours of 7:OOAM and 6:OOPM during weekdays..
For each twenty minute measurement period, the A -weighted sound pressure
I vel w mo itored in ANSI S 14 T S2A d 1 1 t t f 1
e as n us g an ype souAl eve me %1L se or s ow
response. A Quest 214 was used for each test. Every fifteen seconds the instantaneous
meter reading was observed and the value recorded on the data sheet., In this fashion,
approximately eighty sound level values were recorded at each site for subsequent
reduction.
Any sound level readings from local sources which caused the reading to exceed
70 dB were described on the data sheets by a notational code which identified the source.
Measurement Error: The twenty minute measurements were obtained by manually
reading a meter and recording the results at fifteen second intervals. Uncertainty. in these
readings is provoked by calibration accuracy, meter accuracy and reading accuracy. The
meter and its calibration unit were tested and certified by Coulson Technologies, Billings,
Montana on November 28, 1995 to the standards of the National Institute of Standards
and Technology. The meter was field calibrated according to manufacture's
specifications prior to each twenty minute test. The level of confidence that the meter
was accurate to plus or minus 110 for each reading is quite high. Ina human endeavor,
the probability of error exists. Because each site represents the average of eighty total
s
and separate readings and there is no reason to assume or expect that errors would be
biased toward the minus or plus side, the level of confidence is quite high that the average
sound pressure level calculated for each site is also within plus or minus 1 dB.
Measurement errors due to instrument or reading errors are presumed to be randomly
distributed about the mean values and therefore will not significantly alter the calculated
sound levels or their means.
Analysis of Data: The number of sites sampled is too small to draw any statistical
inferences about Equivalent Sound Levels (Leq), but they do serve to present an accurate
"snapshot" of the sound pressure levels, measured in decibels, at the time and date of the
individual sampling. The sites were chosen to fairly represent and address the legitimate
concerns of the public during -the Planning and Zoning public hearingphase of the
project.
The measurement at the current dealership was taken mid-day and includes a
spike resulting from the landing approach of a Southwest Airlines 737 aircraft. The
Peterbilt site at Gowen Road and 1-84 was sampled at a site between the main building
and the body repair/paint shop and also includes a jet aircraft spike. Both samplings
compare favorably with the data collected for the Boise City study of 1979.
x
s
'r
�
s
4
Measurenenf Methods: Principal data for this study were obtained from the sites
located along or adjacent to the listed street or interior locations. Alhmeasurements made
at these sites employed the same procedure. The methodology employed is consistent
with the Boise Community Noise Survey published by the Office of Noise Abatement and
Control, United States Environmental Protection Agency as Document Number EPA~
550/9-79-402 in May of 1979. This document is available in the Boise City Library.
At each site, sound level recordings were continuously made for a twenty minute
period sometime between the hours of 7:OOAM and 6:OOPM during weekdays..
For each twenty minute measurement period, the A -weighted sound pressure
I vel w mo itored in ANSI S 14 T S2A d 1 1 t t f 1
e as n us g an ype souAl eve me %1L se or s ow
response. A Quest 214 was used for each test. Every fifteen seconds the instantaneous
meter reading was observed and the value recorded on the data sheet., In this fashion,
approximately eighty sound level values were recorded at each site for subsequent
reduction.
Any sound level readings from local sources which caused the reading to exceed
70 dB were described on the data sheets by a notational code which identified the source.
Measurement Error: The twenty minute measurements were obtained by manually
reading a meter and recording the results at fifteen second intervals. Uncertainty. in these
readings is provoked by calibration accuracy, meter accuracy and reading accuracy. The
meter and its calibration unit were tested and certified by Coulson Technologies, Billings,
Montana on November 28, 1995 to the standards of the National Institute of Standards
and Technology. The meter was field calibrated according to manufacture's
specifications prior to each twenty minute test. The level of confidence that the meter
was accurate to plus or minus 110 for each reading is quite high. Ina human endeavor,
the probability of error exists. Because each site represents the average of eighty total
s
and separate readings and there is no reason to assume or expect that errors would be
biased toward the minus or plus side, the level of confidence is quite high that the average
sound pressure level calculated for each site is also within plus or minus 1 dB.
Measurement errors due to instrument or reading errors are presumed to be randomly
distributed about the mean values and therefore will not significantly alter the calculated
sound levels or their means.
Analysis of Data: The number of sites sampled is too small to draw any statistical
inferences about Equivalent Sound Levels (Leq), but they do serve to present an accurate
"snapshot" of the sound pressure levels, measured in decibels, at the time and date of the
individual sampling. The sites were chosen to fairly represent and address the legitimate
concerns of the public during -the Planning and Zoning public hearingphase of the
project.
The measurement at the current dealership was taken mid-day and includes a
spike resulting from the landing approach of a Southwest Airlines 737 aircraft. The
Peterbilt site at Gowen Road and 1-84 was sampled at a site between the main building
and the body repair/paint shop and also includes a jet aircraft spike. Both samplings
compare favorably with the data collected for the Boise City study of 1979.
x
s
h .The Boise City study had data available from a total of 307 20 -minute n
"measurements. The data were statistically reduced to provide an average daytime Ley for
the following types of land uses:
r
"53.7 dB'-- Residential Land Use
62.9 dB -- Commercial Land Use
54.2 dB --Industrial Land Use
65.4 dB. -- Airport Influence NET 40 Zone
57.7 d13 -- Airport Influence -NET 30 - 40 Zone
52:5 dB -- Parks, Open or Undeveloped Space
65.9 d13-- High Volume Roads
64.0 d13-- Medium Volume Roads
54.2 d13-- Low. Volume Roads"
` Our findings are in fairly close conformity with the Boise City Study of 1979.
Recorded noise levels are more a function of volume and velocity of traffic than land use
catagory. The basis for our comparison is the -51 dB value obtained from the existing
Peterbilt site at the Gowen Road Exit of I -84, -which is essentially the same type of land
use and impact as the proposed Transport Truck and'Trailer site along Overland Road and
the 61 dB value obtained from the parking lot of the Cherry PIaza in Meridian. Both
readings were taken mid-morning with,the Peterbilt site in full operation and the Cherry
Plaza parking lot at approximately 25% of capacity.
The Transport Truck and Trailer noise survey also made several comparison
readings between the noise levels on arterial type streets and the noise levels inside`
subdivisions adjacent to those arterials:
R The first comparison was made at the Island Wood Subdivision located along
Eagle Road at the Boise River. The sound level at the intersection of Eagle Road,and
Island Wood Drive was found to', be 67 dB. This reading was taken at 1:30 PM to avoid a
biased value from morning or evening rush traffic. The site was chosen to.be 50' +/- east
of the Eagle Road and 30' +/- north of the Island Wood Dr. curb line. The interior
comparison value was taken in the parking'lot of the Island Wood clubhouse. The value
at,thiis site was 51 dB. The clubhouse and parking lot were empty at the time of the
readings. The value at the Island Wood clubhouse is equal to the value found at the Boise
Peterbilt site.
A comparison was made at the intersection of Eagle Road/Chinden Blvd. and the
Banbury Subdivision located in the northwest corner of said intersection. The readings at
the intersection were found to average to a level, of 67 dB, consistent with the noise level
on Eagle Road'at the river. These readings were taken at 2:30 PM with the site chosen to '
be 75' +/- of the n'ly edge of pavement of Chinden Blvd, and 50' +/- w'ly of the edge of
pavementofEagle Road. The interior readings were taken approximately 1500' north of
Chinden Blvd. on the_ w'ly curb line of Banbury Drive. The average level was recorded
as 44 dB. '
A comparison was also made along East Amity Road during morning rush hour,
traffic. The site was chosen to be the entrance to the Breckenridge subdivision at
Danridge Drive. The sound meter was located 50' +/- from'the n'ly edge of Amity and
` 50' +/- from the w'ly curb line of Danridge. The recordings began at 8:00 AM. The `
average sound level along the intersection was found to be 59 dB. The interior site was
chosen to be near the intersection of Table Ridge and Pine Ridge Drives. This location
placed one row of homes between the interior site and the traffic on Amity Road. The
average sound level was found to be 47 dB.
The final comparisons were conducted on. Overland Road near the intersection of
Bonefish for the exterior readings. The readings began at 9:10 AM and were found to
average 57_dB. The interior readings were taken at two locations within the Meridian
Greens Subdivision. The first, at the intersection of Overland Road and Country Terrace
Dr. was taken at 8:30 AM and the meter was located approximately 150 south of.
Overland Road on the e'ly curt/ line of Country Terrace Dr., but without any housing
blocking the sound: The average sound level was found to be 49 dB. A second set of
interior readings were made on the curb line of Antigua adjacent to the house at 632
Antigua. This location was approximately 150 w'ly from the intersection of SE 5th Way.
The average sound level at this site was found to be 37 dB. r
Conclusions•
1:, Sound levels are more a function of traffic volume than' land use
patterns.
2: The Sound Level expected from this use is less than most`other
commercial/retail uses because this use generates a minimun traffic
volume.
3: The recorded Sound Levels for the existing facility correspond closely
to the recorded Sound Levels at similar facilities that are owned by others,
i.e., the Peterbilt site.
4: Sound Levels for the proposed site will be mitigated by the use of
sound absorbing insulation, landscaping and distance from neighboring
uses.
a
5't The Sound Level from this proposed use are not incompatable with
adjacent residential uses because:
a) The traffic generation is minimal, approximately 3% of the
current daily trips on Overland Road.
b) The proposed project is well buffered from neighboring uses
by both- physical obstacles and distance.
c) The noise produced on-site is very modest.
Y ` c
Sound pressure levels are mitigated in several ways. Physical obstacles, such as
fences, earthen berms or a row of houses serve to substantially reduce the level of noise.
Sound also obeys the inverse square law which simply states that the sound level pressure
is inversely proportional to the distance from the source. If you increase the distance
from the sound by two you will reduce the sound level pressure by 75%. This study
suggests that high volume arterial roadways are indeed noisy places but, keeping things
in perspective, the noise level recorded -at the Boise Peterbilt site was the same as the
noise level recorded at the upscale Island Wood Subdivision clubhouse. This finding
correlates very closely with the 1979 Boise City Study that found that noise levels are
much more a function of traffic volume and speed that the land use designation of the
study area. The level of "soundpre'ss`ure experienced by homeowner`s m residential
subdivisions along arterial street's is a function of traffic volume and`'speed. Thee
applicant's proposed project will mitigate on site`sour d levels by using both distance,
landscaping and sound insulation in the buildings walls. The applicant's currenffacility
fits within the proposed limitations of a noise sensitive area ii ` Boise ACity's upcoming
noise ordinance. Off-site mitigation is addressed by the' Trip Generation `and Traffic
Distribution Analysis provided by Bell -Walker Engineers: -This'report=concludes that the
proposed project will have a negligible impact upon the current traffic patterns along
,Overland Road with 95% of an already low volume of generated traffic using the Eagle
interchange rather than traveling along OverlandRoad. Generated trips will be 212 per
day (174 automobile trips and 38 truckftrips) versus the current level of 7000 trips per
qday., This is the equivalent impact of a twenty lot subdivision using,the guidelines,
established by ACHD in estiniating'tr'affic impact.` Ehnd uses such as at'mixed use or
planned development of commercial buffered by medium to high* &nsity residential units
would have a significantly higherrimpaciKupon local'noise levels by virtue of a much
higher generated volume of traffic: ' r' . t, "
a_
+:`u in
5 A.
h
Glossary
y A-Weighted Sound Level:
g
A sound level determined using the "A" frequency
weighting of a sound level meter which selectively
discriminates against high and low frequencies to:
approximate the auditory sensitivity of human hearing
at moderate sound levels. Measures such as Leq and
Ldw which are developed in terms of A-Weighted
sound levels,-have been widely correlated'with degrees
of community noise impact and annoyance. 4
Decibel (dB):
A unit for describing the amplitude or level of
W
acoustical quantities - see Level.
Frequency:
The number of sound pressure fluctuations per second
of a particular sound expressed in hertz (cycles per
-
second). Frequency is the property of sound that is
perceived as pitch.
Level:
A scale for describing the amplitude of acoustical
quantities. In environmental acoustics, usually ten
times the logarithm (base 10) of the ratio of an
-'
acoustical quantity which is proportional to power
(i.e., sound power,`sound pressure squared, sound
intensity, etc.) to a reference quantity of the same -
kind., The value.is assigned the unit decibels.
Sound Level:
The instantaneous sound pressure level in decibels
defined as LP = 10 log {p /p2�ef) where p is the
"
acoustic pressure and p,efis 20 micropascals. In
practice, this quantity is measured in decibels
directly with a sound level meter, usually applying
2
e w
the A-Weighting network of the meter.
1
� 1;1
.. i
' I
Sound Level Data Sheet
Location:
Date: Time: Operator:
Site Sketch:
A -Weighted Soun
1: 21 41: 61:
3: 43. 63:
4• 24• 44• 64•
5• 25• 45• v 65• 3
6• 26• 46•
7• 27• ' . 47• 67•
8• 28• 48•
`9: 29:
10• 30• 50:\ 70•
11: 31: 51:—' 71 '-
12: 30• 52:7- 72•
13• 33: 53•~- 73•
14• 34• 54• •74:
15: 35• 55•` �St
16: " 36: 56: 761
17• 37• 57• 77:y
-18:* 38• 58• 78•
19 • 39: 59: 79:
20: 40 • 60 • 80
General Comments:
L
I