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HomeMy WebLinkAboutOlsen Bush II VAR• HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1 1999 TRANSMITTAL DATE: June 10. 1999 HEARING DATE: July 6, 1999 FILE NUMBER: VAR-99-002 REQUEST: VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY: R2 DEVELOPMENT INC. LOCATION OF PROPERTY OR PROJECT: WEST END OF LANARK STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: . ~ ~ CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: (Owner or holder of valid option) ~~~ ,~Lf1~ ° " D0~' Phone: ~~~-~~A4 ADDRESS: 3084 East Lanark Meridian Id 83642 GENERAL LOCATION: West end of East Lanark LEGAL DESCRIPTION OF PROPERTY: PROOF OF OWNERSHIP OF VALID OPTION: must be attached. PRESENT ZONE CLASSIFICATION: I= A copy of your property deed or option agreement VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the r it~showing properly lines, streets existing and proposed zoning and such other items as the City may q CE: Reinstatement of approved preliminary DESCRIPTION OF PROPOSED VARIAN plat. I hereby certify that the information contained herein is true and correct. SIGNA' Date Received. Clty Council Hearing Date Received by • R2 DEVELOPMENT INC. 3084 East Lanark Meridian, ID 83642 208-887-7994 208-887-7998 Fax Olsen Bush II Subdivision Property Address: 14 acres at west end of East Lanark Applicant Address: R2 Development, Inc. 3084 East Lanark Meridian, ID 83642 887-7994 Contact Person: Brad Miller - 887-7994 Owners Address: Same as Applicant. Proof of Ownership: Deed attached hereto. Legal Description: Attached hereto. Present Use: Pasture. Intended Use: Light industrial subdivision. Vicinity Map: Attached hereto. Building Plans: N/A Mailing List: Attached hereto. Variance Request: The Olsen Bush II preliminary plat was approved by the Meridian City Council in the summer of 1996. It was the applicant's intention to proceed to the approval and recordation of the final plat, but the applicant was unable to complete the process because of problems with obtaining an easement for the extension of the sewer to the subject property. ~ ~ Page Two The sewer easement was obtained in early 1999 and the sewer has been constructed. The applicant would now like to obtain approval and recordation of the final map and request that the preliminary plat be reinstated as approved by the Meridian City Council in the summer of 1996. Special Conditions: As the City of Meridian is aware, the applicant was prevented from obtaining sewer to the property by the refusal of Elixir Industries to grant an easement for the extension of the sewer. For three years the applicant worked closely with the City of Meridian in an attempt to obtain the sewer easement and this joint effort resulted in obtaining the easement in early 1999. Special Privilege: The granting of the variance does not lessen or reduce the rights of any adjoining property owners and should not be considered as anything other than a reinstatement of what was already approved by the Meridian City Council. Fee: Required fee is attached hereto. $250.00 Application Fee $22.49 Mailing Fee (13 X $1.73) $272.49 Applicant Profit: The granting of the variance does not provide any profit potential for the applicant. The request for the variance is based on a common sense approach that if the preliminary plat has been approved and there are no substantive changes to the preliminary plat or the city ordinances, it v~uld make sense to reinstate the preliminary plat without taking the time of the Planning Commission, City Council and City Staff to start from square one and repeat the process. r ~ ~ I ~ -1 N ~ O /~./ / L ~' m -~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ EAGLE RO D r r ~-' r r ~ ~ o ~ a ~ r ~ d _ r ~ -v a ~ ~ ~ ~ D '-' r ~J Z O 3 ~ ~ ~ r ~~ ~ ~~ ~' ~~ r r • Agreement to Post Notices on Property As the owner of the land which is called the Olsen Bush II Subdivision, I agree to post the property or allow the property to be posted in accordance with the City of Meridian requirements, one week before the public hearing on the request for variance in regard to the reinstatement of the preliminary plat. Owner: R2 Development, Inc. Ol r m~ ~ 9q Date JUN-06-1999 17 24 RONALD ICI. UAN AUKER~INC. 2088877998 P.01 ~7 a .I ARTICL$S OF INCORPORATION ~` ~~ r H ,~y R-2 DSVBLOPZ~N"P, TNC. C~'~:~F' ARY QF STl TE The undersigned, acting as the incorporator of a corporation under the Idaho Business Corporation Act, adopts the following Articles of Incorporation. FIRST The name of the corporation is R-2 DEVELOPMENT, INC., and its existence shall be perpetual. S$COND The corporation is formed and organized to engage in any and all lawful business for which corporations may be incorporated under the Idaho Business Corporation Act and as the Board of Directors may from time to time determine. THIRD The aggregate number of shares which the corporation has the authority to issue is One Hundred Thousand (100,000) shares of common stock, all of one class, each having no par value. The corporate stock of this corporation shall be nonassessable, and the private property of the shareholders and each of them, of this corporation shall not be subject to assessment or be liable for the debts, obligations or liabilities of this.. corporation. FOIIRTH The number of directors of the corporation shall be as specified in the bylaws, and such number may from time to time be increased or decreased in such manner as may be prescribed in the bylaws, provided the number of directors of the corporation shall not be fewer than the number required by law. The initial Board of Directors shall number two (2). In case of any increase in the number of directors, the additional directors may be elected by the directors then in office, and the directors so elected shall hold office until the next annual meeting of the stockholders and until their successors are elected and qualified. A majority of the shares entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of shareholders. Stockholders of the corporation shall have pre-emptive and preferential rights of subscription to any shares of stock of the Post-it® FaX Note 7671 Date pagas~ To 5 ~, ~,,,~ From c-~ _ _ _~~ Co./Dept. Ca ~7rL~ ~_ JUN 09 '99 0828 2088877998 PAGE.01 JUN-86-1999 17:24 RONALD ICJ. UAN AUKER,INC. 2088877998 P.02 corporation, whether now or hereafter authorized, or to any obligations of the corporation convertible into stock. The initial bylaws shall be adopted by the Board. of Directors . The power to alter, amend or repeal the bylaws or adopt new bylaws, subject to repeal or change by action of the shareholders, shall be vested in the beard of directors. Such power may be exercised by a majority vote of the board of directors at any annual or special meeting of the board of directors called for that purpose. The articles of incorporation of this corporation may be amended by a majority vote at any annual or special meeting of stockholders, either upon consideration of a resolution for amendment adopted by the board of directors or upon consideration of a resolution adopted by the holders of not less than ten percent (10a? of all of the shares entitled to vote at such meeting. FzFTs The location and post office address of the initial registered office of the corporation is 4414 South Gekeler Lane, P.O. Box 5405, Boise, Idaho 83705, and the name of the initial registered agent of the corporation who may be found at that address is Mr. Richard D. Heaton. SIa'I'S The names and post office addresses of the initial directors of the corporation, appointed by the incorporators to serve until the first election of directors, are as follows: NAME Ronald C. Yanke ADDRESS P.O. Box 5405 4414 S. Gekeler Lane Boise, Idaho 83705 Ronald Van Auker S$V'SN'1~ 3084 E. Lanark Meridian, Idaho 83742 The name and address of the incorporator is as follows: Richard D. Heaton 1562 Sendero Lane Boise, Idaho 83705 ARTICLES OF INCORPORATION OF R-2 DEVELOPMENT, INC. - PAGE 2 JUN 09 '99 08 29 2088877998 PAGE.02 JUN-06-1999 17 25 RONALD W. UAN AUKER~INC. 2088877998 P.03 IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of August, 1994. ~(/ . ICHARD D. HEATON ARTICLES OF INCORPORATYON OF R-2 DEVELOPMENT, INC. - PAGE 3 TOTAL P.03 JUN 09 '99 08 29 2088877998 PAGE.03 his i ~ ~,~ . _ ..~,;~,,,,~R Y ;r,0 BOISE I PION~.ER TITLE , WARRANTY DEED 'fi`t f~UG 15 F~~' ~` 2 ~'~ f-~c. moo This indenture made this ~ (ttaX.l.._sJ..f..- August,--~.As34, RECOrG~'•~~ ~: .~':: ;-,r_QUtST OF between CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and DAVID C. BUSH and NORMA T. BUSH, husband and wife, the "Grantors" and R-2 DEVELOPMENT, INC., an Idaho corporation, the "Grantee" whose mailing address is 4414 S. Gekeler Lane, Boise, Idaho 83705. WITNESSETH: For valuable consideration the Grantors do hereby grant and convey to the Grantee the following described real property situate in the County of Ada, State of Idaho, to wit: "DESCRIBED ON ATTACHED EXHIBIT A." TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining (collectively the "Premises"); SUBJECT TO: 1. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the Premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in state deeds or in Acts authorizing the issuance thereof; (c) water rights, WARRANTY DEED - 1 claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. General taxes for the year 1994. 5. Liens and assessments of the Nampa Meridian Irrigation District and the rights and powers thereof as provided by law. 6. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: construction operation, maintenance and repair of drain ditch. In favor of: Nampa Meridian Irrigation District (343-1884). Recorded: March 28, 1947. Filed in: Book 20 of Miscellaneous Records at page 192, Records of Ada County, Idaho. 7. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: power line easement. Granted by: S.L. Hughell and Mary. In favor of: Idaho Power Company. Recorded: May 26, 1950. Instrument No.: 302098. 8. Right-of-way, interest and easement which may exist for the Snyder Lateral. 9. That certain Deed of Trust dated August ~_, 1994 executed by R-2 Development, Inc., an Idaho corporation, as Grantor, to Pioneer Title Company of Ada G~ounty, as Trustee, for the benefit of Cecil E. Olson and Kjerstie A. Olson, husband and wife, and David C. Bush and Norma T. Bush, husband and wife, which was recorded in Ada County, Idaho on August /~, 1994 . TO HAVE AND TO HOLD the said Premises unto the Grantee and its successors and assigns forever. WARRANTY DEED - 2 ~~ ', The Grantors covenant with the Grantee, its successors and assigns, that Grantee shall enjoy the quiet and peaceful possession of said Premises; that the Grantors are lawfully seized of said Premises in fee simple; and the Grantors warrant that the title to said Premises is merchantable and is free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee. IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantors as of the day and year herein first above written. CECIL E. OLSON ERSTIE A. OLSON David C. Bush Their Attorney in Fact DAVID C. BUSH NO T. USH WARRANTY DEED - 3 ~ ! .'-. ' ~ r STATE OF IDAHO ) ss. County of Ada ) On this ~ day of August, 1994, before me, the undersigned, a notary pu lic in and for said state, personally appeared DAVID C. BUSH, known or identified to me to be the person whose name is subscribed to the foregoing instrument as the attorney in fact of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and acknowledged to me that he subscribed the names of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ~:? r4- Not Public or Idaho _ ~ ' " - Res ing at ~' ,~-. ~~: ~'.. '• My commission expires: ~ ~-/ 7-99 STATE~~OF~`IDAHO ) ss. County of Ada ) ~~e¢O ~ th~/o ~.S , day of August, 1994, before me, j~ a Notary Public in and for said State, personally appeared DAVID C. BUSH and NORMA T. BUSH, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. _/. IN WITNESS WHEREOF, I have hereunto set my hand and affixed°my official seal the day and year in this certificate first,~,akaoye written. : • =~ = Not Public for daho Idaho ~~ ~• ; : ~ ~ :'~ Re ing at a~s~ ` My commission expires ~ -/7 , 19`~rt~ . . WARRANTY DEED - 4 EXHIBIT "A" THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS, 8, 9, 16 AND 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AOA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY UNE OF SAID SECTION 8, A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 299.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53" EAST 12.80 FEET TO A POINT; THENCE NORTH 72 DEGREES 37' WEST 252.50 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST 110.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY UNE OF THE OREGON SHORT UNE BRANCH OF THE UNION PACIFIC RAIU~OAD; THENCE SOUTH 89 DEGREES 02" EAST ALONG THE SAID RIGHT-0F-WAY UNE 1074.86 FEET TO A POINT; THENCE SOUTH 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 February 20, 1996 Project No. 1677 Legal Description for R2 Development Olsen and Bush Industrial Park No. 2 Preliminary Plat 14.39 Acre Tract A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast Corner of said Section 8, thence along the southerly line of said Section 8 South 89°-32'-00" East a distance of 871.18 feet to a point, thence leaving said southerly North 00°-28'-00" West a distance of 520.14 feet, to the Southwesterly Corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°-02'-00" West a distance of 1015.07 feet to a point; Thence North 06°-08'-31" West a distance of 604.46 feet to a point on the southerly right-of--way of the Union Pacific Railroad; Thence along said southerly right-of--way South 89°-02'-00" East a distance of 1074.86 feet to the Northwesterly Corner of said Olson and Bush Industrial Park; Thence leaving said southerly right-of--way and along the westerly boundary of said Olson and Bush Industrial Park South 00°-28'-00" East a distance of 600.00 feet to the POINT OF BEGINNING. The above described tract of land contains 14.39 acres, more or less, subject to all existing easements and rights-of--way. This legal was prepared from data of record and not an actual field survey. Prepared By: z:lwordtext\ 1677\)ega12.602 ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE IDAHO 83706 208 336-7390 FAX 208 336-7391 ~/a~/9~° • Olsen Bush II Subdivision 300' Mailing List 86510580120 86510580110 86510580100 86510580060 86510580050 Ronald and Linda Yanke 2975 Lanark Meridian, ID 83642 86510580040 Wheel City Property of Boise LLC 244 Constitution Way Idaho Falls, ID 83402 S1108417710 S1108417232 Elixir Industries 17905 S. Broadway Street Gardena, CA 90248 S1108428200 S1108428105 McCall Properties, Inc. 808 SW 15"' Avenue Portland, OR 97205-1907 S1108438405 Joint School District No. 2 2540 E. Franklin Road Meridian, ID 83642 S1108438460 S1108438470 William and Helen Curtis 2630 E. Franklin Road Meridian, ID 83642 S1108449090 James Bafiam 2950 E. Franklin Road Meridian, ID 83642 S1108438490 Nancy Contreras 2660 E. Franklin Road Meridian, ID 83642 w • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the Ci#y of Meridian will hold a public hearing at the Meridian City Halt, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on July 6, 1999, for the purpose of reviewing and considering the application of R-2 Development, Inc. for a variance for Olsen Bush II Subdivision. The variance requests reinstatement of the approved preliminary plat. The property is generally located at the west end of Lanark Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 14th day of June, 1999. WILLIAM G. BERG, JR., LERK ~'`~'~~~f gtlf rirryr~`~' PUBLISH June 16 and 30, 1999. `,`,.+`'`,~~ ~ f,~ff'r„ 4 ~~ r/ i 8~+~ w~ ~ ~~ ~~i C~~~ \`~~~ /,s ~~~~llltt~ii f{iSi1N~ ** TX CONFIRM~N REPORT ** AS OF JUN 14 '~13~0? PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 06 06/14 1306 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'31" 001 055 OK NOTICE OF HEARING NOTICE tS HEREBY GIVEN pursuant to the Ordinances of the Gty of M®ridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. at the hour of 7:30 p.m. on July 6, 1999, for the purpose of reviewing and considering the application of R-2 Development, Inc. for a variance for Olsen Bush 11 Subdivision, The variance requests reinstatement of the approved preliminary plat. The property is generally located at the west end of Lanark Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 14~' day of June, 1999. PUBLISH June 16 and 30, 1999. WILLIAM G. BERG, JR., LERK \1 CT_ 1 ,` - BALL ", ~~ ,,,,,, ~ot~Y p~\\~,, ~~IIIIIIilt MIN\-\\\\ a ~~ ELIXIR INDUSTRIES 17905 S BROADWAY ST GARDENA CA 90248-3509 725 N EAGLE RD ~ ~ OLSEN BUSH II SUBDIVISION PROPERTY OWNERS WTIHIN 300' GREAT WESTERN CHEMICAL CO 808 SW 15TH AVE PORTLAND OR 97205-1907 N EAGLE RD ALUM A FORM ELIXIR INDUSTRIES 17905 S BROADWAY ST GARDENA CA 90248-3509 535 N EAGLE RD MCCALL PROPERTIES INC 808 SW 15TH AVE PORTLAND OR 97205-1907 725 S EAGLE RD JOINT SCHOOL DISTRICT #2 2540 E FRANKLIN RD MERIDIAN ID 83642-5910 CURTIS WILLIAM K & HELEN R 2630 E FRANKLIN RD MERIDIAN ID 83642-5910 FRANKLIN AVE R-2 DEVELOPMENT INC 4414 GEKELER LN BOISE ID 83716-5240 E LANARK ST WHEEL CITY PROPTY OF BOISE LLC 244 CONSTITUTION WAY IDAHO FALLS ID 83402 3036 E LANARK ST YANKE RONALD C & LINDA L 2975 LANARK ST MERIDIAN ID 83642-5919 2975 LANARK ST E LANARK ST BARHAM JAMES B 2950 E FRANKLIN RD MERIDIAN ID 83642-5953 CURTIS WILLIAM K & HELEN R 2630 E FRANKLIN RD MERIDIAN ID 83642-5910 TONKIN GEORGE W 2660 E FRANKLIN RD MERIDIAN ID 83642-5910 SCHNEBLY CARL O & MARGARET A 2690 E FRANKLIN RD MERIDIAN ID 83642-5910 FLETCHER DALE L & VIVIAN J 2730 E FRANKLIN RD MERIDIAN ID 83642-5953 VALENTINE LORI ANN 1255 S CLOVERDALE RD BOISE ID 83709 2770 E FRANKLIN RD CHRISTY GERALD A & JOANN C 2810 E FRANKLIN RD MERIDIAN ID 83642-5953 •I• • I~I• ~ i Meridian City Council Meeting July 20, 1999 Page9 Rountree: Is that a motion? Anderson: Then I'll make that in the form of a motion. Bird: And I'll second it. Corrie: Ok, motion being is that is that on Tuesday, August 3~d they will have a public hearing. Is that all right Mr. (inaudible)? Can you notify that next one? OK, that's right so it would be the 17`h. So you can notice it? The 17`h? Ok. So the motion is to have the public hearing reset for the 17`h of August in a full city council meeting on the original application. Motion made and second. Any further discussion? Hearing none, all of those in favor of that motion, say aye. MOTION CARRIED: ALL AYES. Corrie: So, City Clerk, if you will notify them on that we can hear that request ITEM #4 FINDINGS OF FACT AND CONCLSIONS OF LAW: REQUEST FOR VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2 DEVELOPMENT, INC.---WEST END OF LANARK STREET: Corrie: Steve, did you find anything on the old findings of facts on this one. Rutherford: Mayor and members of the city council, I did. I spoke with Will a little bit and reviewed the file and spoke with my secretary. Bill wanted that old findings of fact sheet and conclusions of law for the purposes of the development agreement that he was in the process of looking into before the final plat of this deal comes about. So I don't think you need to consider that tonight. I think you can go forward on your decision on the variance. Corrie: Ok, council you had the findings of fact and conclusions of law on the variance request. Any discussions? Rountree: I have none Bird: I have none. Corrie: I entertain a motion on the request on the findings of fact and conclusions of law on the request. Rountree: Mr. Mayor? Meridian City Council Meeting July 20, 1999 Page10 Corrie: Mr. Rountree. Rountree: I move that we approve the findings of fact and conclusions of law. A decision in order which grants the variance for reinstatement of the approved preliminary plat for Olsen Bush II. Bentley: Second. Corrie: Motion then made my Mr. Rountree and second by Mr. Bentley to approve the request for variance of the development inc. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. ITEM #5 FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.---SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN: Rountree: Mr. Mayor? Corrie: Mr. Rountree. Rountree: I have a question for Shari. What was the date on staff comments on this particular project. Stiles: April 9th,1999. Rountree: 9th, thank you. Mr. Mayor? Corrie: Mr. Rountree. Rountree: Well, I had a rather lengthy memo from legal counsel regarding this particular finding. And I guess I would propose to move forward with the finding with two amendments to the conditions of the finding. One that would include a requirement of a development agreement and two, that would include the conditions of staff's April Stn 1999 recommendation. Bird: Is that a motion? • • MERIDIAN CITY COUNCIL MEETING: JULY 20.1999 APPLICANT: R2 DEVELOPMENT AGENDA ITEM NUMBER: 4 REQUEST: VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: ~, ~f 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 MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF R2 DEVELOPMENT, INC., FOR A VARIANCE FOR REINSTATEMENT OF PRELIMINARY PLAT FOR OLSEN BUSH II, MERIDIAN, IDAHO CASE NO. VAR-99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on the 6th day of July, 1999, pursuant to § 11-2-419 of the Zoning and Development Ordinances of the City of Meridian, and the City Council having received r the transmittal to agencies and having received the variance application, and Shari Stiles, Planning and Zoning Administrator, submitted her report, and appearing on behalf of the Applicant was Brad Miller, testifying, and James B. Morgan appeared not in opposition but only presented a question, and City Council having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION • FINDINGS OF FACT • The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E and 419 D as evidenced in the record of this matter have been complied with. 3. This is an application for a variance from the provisions of § 11-9-604 F of the Revised and Compiled Ordinances of the City of Meridian, in the Subdivision Ordinance, from the provisions of subsection 1 and 2 that provides that a preliminary plat approval becomes null and void if the applicant fails to submit the Final Development Plan within one (1) year of Council approval of the Preliminary Development Plan. If a one time extension of one (1) year is provided for, it must be applied for prior to the running of the one (1) year time table. Applicant seeks a variance from this requirement and seeks a one (1) year extension to submit the Final Development Plan. 4. The Applicant is R2 Development, Inc. whose address is 3084 East Lanark, Meridian, Idaho 83642. The location of the subject property is 3084 East Lanark, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION n u 5. The legal description of the property appertains to the real property that is included within the conditionally approved Preliminary Plat of Olsen Bush II Subdivision which was approved by Council in the summer of 1996. It was the applicant's intention to proceed to the approval and recordation of the final plat, but the applicant was unable to complete the process because of problems with obtaining an easement for the extension of the sewer to the subject property, all as appear in the record of proceeds in this matter. 6. The present land use of subject property is presently pasture and is zoned (I-L) Light Industrial, and contains 14 acres. 7. The proposed land use of subject property is to develop the subject property in the following manner: Light Industrial subdivision. 8. The proposed site of the subject property is the 14 acres at the west end of East Lanark, Meridian, Idaho, which (I-L) Light Industrial borders to the northwest, (C-G) General Retail and Service Commercial borders to the northeast, (RT) Rural Transition borders to the south, and (I-L) Light Industrial borders to the east of the property site. 9. That a vicinity map of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION 10. Brad Miller testified representing the Applicant and James B. Morgan appeared and presented a question on the application, but did not testify in opposition to the request. 11. The existence of special circumstances or conditions affecting the property are: As the City of Meridian is aware, the applicant was prevented from obtaining sewer to the property by the refusal of Elixir Industries to grant an easement for the extension of the sewer. For three years the applicant worked closely with the City of Meridian in an attempt to obtain the sewer easement and this joint effort resulted in obtaining the easement in early 1999. 12. Strict compliance with the requirements of § 11-2-410(A) of the Municipal Code of the City of Meridian would result in extraordinary hardship to the owner, and developer, because the conditions and requirements of the ordinance would result in inhibiting the achievements or the objective of the ordinance because the lots herein, proposed to be platted, otherwise meet all Zoning Schedule of Bulk and Coverage Controls and this proposal insures the orderly development of this entire in-fill area. 13. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat. 13. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and or the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION • Comprehensive Plan for the reasons stated in finding of fact number 12 and 13. 14. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in § 11-2-419B Municipal Code of the City of Meridian, and the findings which are required are set forth in § 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION • that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. The application for a variance from the provisions of § 11-9-604 F of the Revised and Compiled Ordinances of the City of Meridian, in the Subdivision Ordinance and state as follows: 5.1 Council approval of the Preliminary Development Plan shall become null and void if the applicant fails to submit the Final Development Plan within one (1) year of Council approval of the Preliminary Development Plan. 5.2 Upon written request to the Council and filed by the applicant prior to the termination of the said one (1) year period as stated in Section 9-604 F.1 of the Ordinance, the Council may authorize a single extension of the approval of the Preliminary Development Plan for a period not to exceed one (1) year from the end of the said one (1) year period. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION LJ U 5.3 In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one (1) year, may be considered for final approval without resubmission for preliminary plat approval. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the applicant, R2 Development, Inc., 3084 East Lanark, Meridian, Idaho 83642, is hereby granted a platting variance and the application for a variance from the provisions of § 11-9-604F of the Revised and Compiled Ordinances of the City of Meridian in the Subdivision Ordinance from the provisions of subsection 1 and 2 that provides that a preliminary plat approval becomes null and void if the applicant fails to submit the Final Development Plat within one (1) year of Council approval of the Preliminary Development Plan. If a one time extension of one (1) year is provided for it must be applied for prior to the running of the one (1) year time table is granted; and 2. The applicant is granted a one (1) year extension from the date of this ORDER to submit the Final Development Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION NOTICE OF FINAL ACTION • Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance for the one (1) year time extension for the submittal of the Final Development Plan, and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held S~T~~ ~d ~~,' 1999. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTE COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~r ~ °- ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION ~- s MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. e By: y Dated: ~~ ~~ ity Clerlc msg\Z:\Worlc\M\Meridian 15360M\R2 Development VAR\FfClsOrd.Var FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND ORDER OF DECISION GRANTING A VARIANCE FOR RE DEVELOPMENT, INC. / OLSEN BUSH II SUBDIVISION • Meridian City Council Meeting July 6, 1999 Page 14 Corrie: If you will check with Shari and well you can get whatever you want to get ready for it. Shari, you can get the information to us for July the 20th meeting. 11. PUBLIC HEARING: REQUEST FOR VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2 DEVELOPMENT, INC. -WEST END OF LANARK STREET: Corrie: I will open the public hearing at this time and we'll entertain the staff to testify first. Stiles: Mr. Mayor and Council, I do not have a transparency on this. This is the property immediately west of the existing Olsen Bush Subdivision No. 1. It's where Wheel City USA, Yankee has some property back in there, and this was an extension to the west. I would have a cul-de-sac or I'm not sure that these drawings that are included in your packets are the approved plat. But staff would recommend approval of reinstatement of the approved preliminary plat with the conditions in that original approval. I would like the applicant to be able to come and state when they are going to submit the final plat. They've asked for this variance because the time has expired for them to be able to submit the final plat. Rountree: Question for Shari or Gary, either one. Is this the first extension that's been requested? Stiles: Yes. Rountree: Okay, thank you. Stiles: It's the first variance that's been - I believe they already did a time extension, no? They must have just missed the cut off for the time extension then. I'm sorry, don't have the right file here with me, so Brad if you could let them know what the original approval date was. Miller: Brad Miller with Van Auker, actually R2 Development. I believe it was approved Shari in the summer of 1996 and we allowed it to expire because we didn't have the easement necessary to get our sewer through there, so now that we have sewer, the easement and the sewer syster there, we're ready to move ahead, so we're asking that the City Council -since to the best of knowledge there's no changes in the ordinances or anything and the preliminary plat is going to stay the same, it would make sense to go ahead and extend that time frame. Bird: That delay was because of getting the right-of--way through the property there Miller: Correct from the Elixir Industries to get that easement, which all of you are aware and with the help of the Mr. Mayor and City Council, we're able to get that done. In fact I got a call today from Elixir Industries demanding a bill for their portion of it. So I'll add on some time for the City Council to that bill. , Corrie: It was April 12th, 1999 by the way. • Meridian City Council Meeting July 6, 1999 Page 15 Miller: Any other questions or anything? Stiles: Do you have a time when you're going to submit that final plat? Miller: Well as soon as possible is what we'd like to do. I'll get Dave Roylance back involved in the project and we'll go ahead and get that done. Stiles: And we need to double check. I think this was one where the development agreement was never entered into. We'll double check and make sure that gets done concurrently with your final plat. Miller: Correct, that would be fine. I just want you to know anything that Ben Barham has to say in favor of the project, I agree with. If he opposes it, I don't agree with it. Corrie: Okay, is there anyone else from the public who would like to issue testimony in this public hearing on the variance? Barham: My name is James B. Barham, 2950 E. Franklin Road, Meridian, Idaho 83642. I do not oppose this. However I would like to see to it that there is a six foot chain link fence between my property which extends the full length of the property before the development is put in. Also it will be necessary for a drain to be put from my property to the drain ditch to the north which is following pretty well along their sewer system. The Olsen Bush property has cut off the drain to the drain ditch. Other than that, this is as exciting as the last one was. Corrie: Is there anyone else from the public who would like to issue testimony on this hearing? Hearing none, Council discussion? I'll entertain a motion to close the public hearing. Bentley: So moved. Rountree: Second. Corrie: Motion made and second to close the public hearing on item number 11. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Council, what would you like to do here? Bird: Mr. Mayor, I got a question. Do we need a development agreement or -Shari, and you don't think there is one? Stiles: I don't believe there is. I can't remember if it was a part of all that RC Willey and was this part of RC Willey? Bird: No, no. Stiles: This was a totally separate one? (Inaudible) Bird: This is across the street. • Meridian City Council Meeting July 6, 1999 Page 16 Stiles: So that wasn't of that Commerce Park Subdivision all included in that annexation? Bird: This is the property west of that YMC out there. Stiles: Yes, and I believe that the development agreement was probably a condition of the annexation at that time, but it was never done. Bird: It never was done, so we need to draw one now at this point. Stiles: Yes. Corrie: Other comments? All right I'll entertain a motion on the request for variance. Yeah we'll Findings of Fact and Conclusions of Law. That's correct, but you either have to conditionally approve, deny, continue for 45 days plus the Findings of Fact and Conclusions of Law. Bird: Mr. Mayor, I'll attempt it. I move that we have the attorney draw up the Findings of Fact and Conclusions of Law and Decision and Order and a development agreement and now we need to have a 45 day extension? Okay, with the recommendation that we pass the variance for reinstatement of approved preliminary plat for Olsen Bush II by R2 Development, Inc. Bentley: Second. Corrie: Motion made and second that we have the attorney draw up the Findings of Fact and Conclusions of Law with the approval of the variance and also to the order of decision. Any further discussion? Gigray: Mr. Mayor, may I ask a point of information? Would there be a time limit with regards to the extension or is it unlimited? Bird: One year. That's standard, isn't it? Gigray: Yeah, but this is a variance, so I need to know what you want in there. Bird: You want the one year? I do. Corrie: It's your motion. Bird: One year. Corrie: Mr. Gigray, have you got that? Gigray: Yes, thank you Mr. Mayor. Corrie: Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. .l U L 1 5 1999 in teroffi c e r~~ ~y~{ -a~~~ ~~~~~~ ME MORAND U M To: From: Subject: William G. Berg, Jr. Wm. F. Gigray, III R2 DEVELOPMENT, File No.: VAR-99-002 Date: June 18, 1999 Will: / OLSEN BUSH II SUBDIVISION Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIANCE, pursuant to action of the Council at their July 6, 1999, meeting. The Findings will be on the Council's agenda for their July 20, 1999, meeting. Please serve copies of both documents upon the Applicant and appropriate departments if Council approves these FINDINGS. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\R2 Development VAR\C1kLtrVARffcls MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: R2 DEVELOPMENT INC. AGENDA ITEM NUMBER: 11 REQUEST: VARIANCE FOR REINSTATEMENT OF PRELIMINARY PLAT FOR OLSEN BUSH II AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: REVIEWED REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~~ 'J ` I ~__Q' INTERMOUNTAIN GAS: ~ ~ Y"` BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE ~pcil Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (zo8) say-22 i i Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 TRANSMITTAL DATE: June 10, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: VAR-99-002 REQUEST: VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY: R2 DEVELOPMENT INC. LOCATION OF PROPERTY OR PROJECT: WEST END OF LANARK STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z +THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMPyF~KS: • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , , (_08) 88-4-~1_6a CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887 ~? I I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 88d-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 TRANSMITTAL DATE: June 10, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: VAR-99-002 REQUEST: VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY: R2 DEVELOPMENT INC. LOCATION OF PROPERTY OR PROJECT: WEST END OF LANARK STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ a ~ CITY PLANNER ~ ~W i f S i nJ S ra- /~wi .R./ . • HUB OF TREASURE VALLEY Mayor ROBERT D. CORR[E A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (cos) say ~~~ PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (''-os> 887-'-2I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 88.1-ij33 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 TRANSMITTAL DATE: June 10. 1999 HEARING DATE: July 6, 1999 FILE NUMBER: VAR-99-002 REQUEST: VARIANCE FOR REINSTATEMENT OF APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY: R2 DEVELOPMENT INC. LOCATION OF PROPERTY OR PROJECT: WEST END OF LANARK STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (AN EXA N) YOUR CONCISE REMARKS: /~D ~i~r~ JUN 1 4 1999 £k'7'~' , ,° , ~dcc C,ou~ct~J~tic~hcvac~ oLJi~trict 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 a-mail: tellus@achd.ada.id.us ~ECEIVE~ JUN 2 9 1999 June 24, 1999 City of Meridian City Clerk Office City of Meridian 33 East Idaho Meridian, ID 83642 RE: MVAR99-002 Reinstatement for approved preliminary plat for Olsen Bush II On April 11, 1996 the Ada County Highway District Commissioners acted on Olsen-Bush No 2 . The conditions and requirements also apply to MVAR99-002. If you have any questions please feel free to call me at 387-6170. Sincerely, C~ .P~cfra~'~ Christy Richardson Development Analyst cc: Project file Chron file • April 11, 1996 TO: R-2 Development 3084 E Lanark Meridi I 83642 FROM: Kar n la her, ~nator g Development Services Division SUBJECT: Preliminary Plat-Olsen-Bush #2 Subdivision Franklin Rd and Eagle Road On April 10, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. Lf public street improvements are required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, s>?ether with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary April 11, 1996 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority tag to gel 3 with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one yeaz. An extension of one yeaz will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Roylance and Associates City of Meridian ~~. • • ADA BOUNTY HIGHWAY DIS 1,RICT Development Services Division Development Application Report Preliminary Plat/Annexation -Olson-Bush No. 2 Franklin Road and Eagle Road Meridian Olson-Bush is a 9-lot industrial subdivision on 14-acres with an annexation request to the City of Meridian with a change in zoning designation from RT (rural transition) to I-L (light, industrial). The site is located north of Franklin Road and west of Eagle Road, to the west of Olsen-Bush Subdivision No.l (Lanark Street). This development is estimated to generate 1,800 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Franklin Road Eagle Road Lanark Street ACHD Commission Date -April 10, 1996 - 7:00 p.m. LJ ~! Franklin Ex~snN c R~4111-of-wAr( 3o-FRET ~ W~CC ~J • SITE III J J .--~ J .--~ J J J ~- -~ _""'`S .--~ J J .--~ ~--~ -~ r J .--~ J J at~02~ 3~~ ~II U W 0 o. ~ ~- ~ ~ I..L ~ M ~ 1..L O Z Y Q >- Y O ~- A W D D ~ / t~ -~ .-.~ ~ J _ J ~ .--~ .--, J .-~ .__, ~ ~ e N F N Y LL1 ~' W N U Q W ~ 06fL-9ff (QOZ' 9 oYOPI NPB Z-0 o7!n5 PPSUr3 6~9- vA oera •• ^~•uuo .ao~ not an~ng uas u!6u3 _ l io l ^~ ~` Vd 831V1OO88V ONV 3:JNV1JlOtli_ O wrow~ OO~Z 'ON ~ItlVd 1VIFJ1Sf1GNl = ~ i C a ,„. .o MSfl9 aNV NO81O ~ ~ ~ LL91-OISB ~~ vasMn ~ owr v • ~ +i!! ~ ~ ~ ~ ' `a • 4w ~ ~ ~~ I~~ ~ ;~ ~~ ~ ~ ~ ao~a ~~~~~ ~' w • S ~~'~~~~a~If~ ~ ~~~ ':t a 0 2 G 2 0 U No ~~ Z~ ~0 Odd ~J~ F<O 4~~ ~~ssa~ ~;~ ~ ! ~ goo WmW Z~ ~W 0~ i f b ~_`"_ W ..,.o.. W i~ a ~~ < w ~ ~ y ¢ ~ a Z avoa ~~oV~ a I ` ~ a 0 < z , °~ - ~-- e _~ ~~I ~ Q ~ 4I U _, . ~ - ~ I Z y a • ~ E' 3 2 s ~ _ - : ~ ~ • ~ e ~ k ~ a • ~ .I ~ s t ~ • ~ ~ I ~ ~ R ~ g ? i~ 1 i s I ~ ~ ~I £ = • i I ~ i . ,~,. 1 ~i.Tea~~ i ~ Facts and Findings: A. General Information RT -Existing zoning I-L -Requested zoning 14 -Acres 9 -Proposed building lots 0 -Square feet of existing building 375 -Total lineal feet of proposed public streets (approx) 267 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Lanark Street Local industrial with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of--way to the east of the site 58-feet required right-of--way (29-feet from ultimate street centerline) Lanark Street is improved to the east of this site (Olsen-Bush No.l) with 41-feet of pavement with industrial curb, gutter and no sidewalk. Eagle Road Principal arterial with bike route designation Traffic count 23,385 on 6/14/94 0-feet if frontage Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Please submit application materials to ITD for review and requirements of that Department. Contact District III Traffic Engineer Gary Moles at 334-8340. C. The site is undeveloped. Olsen-Bush Subdivision No.l abuts the site's east boundary. The Union Pacific Railroad abuts the site's north boundary. D. In accordance with District policy, staff recommends that the applicant be required to construct the streets within the subdivision with curb, gutter, 5-foot wide concrete sidewalks, and a 41-foot street section in 58-feet of right-of--way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. E. The applicant has modified the preliminary plat at the request of the City of Meridian to include a stub street to the south along the east boundary of the site. This stub street will provide access to the large parcels abutting the southern boundaries of Olsen-Bush OLSON2. WPD Page 2 • Subdivision No. 1 and 2, since these parcels are located at significantly lower elevations than Eagle Road and Franklin Road complicating access to Eagle Road and Franklin Road. Staff supports this stub street. F. Staff recommends that Lanark Street be extended to the west boundary of the site to allow for extension in the future, possibly to Lanark Street to the west, Locust Grove Industrial Subdivision, and/or another future street connection to Franklin Road. The applicant has stated that the Synder Lateral at the site's west boundary will be tiled. Staff recommends that the pipe through the right-of--way be installed to accommodate H-25 loading. G. Both stub streets will be required to have temporary paved turnarounds with temporary easements provided to the District. H. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant(s) pave the driveway(s) its full required width of 30 to 40-feet to at least 30-feet beyond the edge of pavement of Lanark Street. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. This application was tabled at the March 12, 1996, public hearing by the Meridian Planning and Zoning Commission. The application was received by the District on February 22, 1996, and an electronic file of the preliminary plat was received on March 22, 1996. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 58-feet of right-of--way for Lanark Street from the east parcel boundary to the west parcel boundary by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will t14~ be compensated for this additional right-of--way. 2. Provide a temporary easement for a paved turnaround at the site's west boundary. Construct curb, gutter, 5-foot wide concrete sidewalks and a 41-foot street section for Lanark Street through the parcel. 3. Install the pipe for the Synder Lateral through the right-of--way for Lanark Street to accommodate H-25 loading. 4. Construct a stub street from Lanark Street to the south boundary of the site abutting the east boundary of proposed Lot 10. The stub street shall be improved to a 41-foot street section with 5-foot wide sidewalk on both sides within a 58-foot right-of--way. Provide a temporary easement and a paved turnaround at the south end of the stub street. OLSON2.WPD Page 3 ,• 5. Driveways shall be a minimum of 30-feet wide and a maximum of 40-feet wide, paved a minimum of 30-feet beyond the back of sidewalk. Shared driveways are encouraged. 6. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: 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 identi each requirement to he reconsidered and include a wr;itPn PXDlanatinn of ~y such a requirement would result in a suhstanriat harrlchip or ineq~y The written L@.quest shall be submitted to t`he District no later han 9.00 a m on the day scheduled for Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data ha was not available to the Co mi ion at he r;m . of its original decision, The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. 4. Aright-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. IZtility street cuts in roads paved within the last five ygars will not be allowed unless approved by the District Commission. Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required OLSON2.WPD Page 4 • permits), whichever o.,..urs first. The proposed drainage syst~... shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. 6. Locate driveways a minimum of 5-feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the comer of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. 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. 13. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. OLSON2.WPD Page 5 `.~ 17. Submit three sets of street construction plans to the District for review and appropriate action. 18. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. 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. 22. 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. 23. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 25. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Date of Commission Approval; APR ~ 2 1996 OLSON2.WPD Page 6 Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz 4',l'I I . We have No Objections to this Proposal. ~ U N ~ 8 999 Q^~ 2. We recommend Denial of this Proposal. CI~' ~F ~, RID ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 ^ 14. CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division PI'f HEALTH ~~ ~~~~~ ~~ DEPARTMENT I~e~Z~# ~ V 14 Y2 ~7 ~ ` ~ Z Conditional Use # Date: ~/~/~ Reviewed By: ~ i NHD 10/91 ~, rev. 7N7 Review Sheet Will Berg, Gty Clerk Gty of Meridian 33 East Idaho Meridian, ID 83642 ~~ 'it : ~,~' ,~t~, . '~~3~~: `'. ~~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 ~`.1~~ v l~ I V~~ JUP~ ~ 199 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: VAR-99-002 Variance for Reinstatement of Approved Preliminary Plat for Olsen Bush II Subdivision Dear Mr. Berg: The Nampa & Meridian In-igation District requested revised plans in September of 1998 and our records indicate that this request was not granted. Our concerns with this project are the rights-of--way of the Evans Drain and the Snyder Lateral. The easement of the Evans Drain is 60 feet, 30 feet from the center each way. The easement of the Snyder Lateral is 40 feet, 20 feet from the center each way. Once these concerns have been addressed this project can begin. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 )une 15, 1999