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HomeMy WebLinkAboutMidvalley Bus Park Subdivision CUPMayor ROBERT D. CORRIE o n '~ ~~ CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VgLLEY A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 884-424 33 EA5T IDAHO MERIDIAN, IDAHO 83642 PUBLIC WORKS BUILDING DEPARTMENT 2o Phone (208) 888-4433 • Fax (208) 887-4813 ( s) ss7-z2I I PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT P WITH THE CITY OF MERIDIAN ROJECTS To insure that your comments and recommendations will be considered b Planning ~ Zoning Commission, please submit your comments and r y the Meridian to Meridian City Hall, Attn: Will Berg, City Clerk b : ecommendations TRANSMITTAL DATE: Se tember 8 1 ggg y October 6 1998 REQUEST: CONDITIONAi llc~ nr~~,~~. __H~RING DATE: October 13 1998 Y, P. BY: LOCATION OF PROPERTY OR PROJECT: 621 Allen Street north of I- Eagle Road 84 west of TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) __U.S. WEST(PRELIM & FINAL PLAT) --INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) --BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: • • MIDVALLEY CENTER SUBDIVISION APPLICATION FOR CONDITIONAL USE PERMIT Submitted to: City of Meridian Submitted by: RUBBLE ENGINEERING, INC. September 3,1998 RUBBLE ENGINEERING, INC. 9550 BETHEL CT. BOISE, ID 83709 322-8992 Project No. 9818900 ' ENGI/yF • • V~,\~ ~~s RUBBLE ENGINEERING, INC. ~• • ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9tio suRVEy°Q ' September 03, 1998 ' Meridian City Planning and Zoning Commission City of Meridian 200 E. Carlton, Suite 201 ' Meridian, Idaho 83642 RE: Midvalley Business Park Conditional Use Permit ' Dear Planning and Zoning Commission; Please accept our application for a conditional use permit for the development of Lot 1 of the proposed Midvalley Business Park Subdivision, located at 621 Allen Street, Meridian, Idaho, on the southwest corner of Allen Street and Magic View Drive, generally ' located west of Eagle Road and north of I-84, Section 17, Township 3 North, Range 1 East of the Boise-Meridian. The annexation, rezone and preliminary plat application for the above stated property is currently scheduled for the Meridian Planning and Zoning Commission on October 13, 1998. We request that this application for Conditional Use Permit be included on that agenda. Lot 1 contains 2.26 acres and has a proposed C-G zoning designation. Currently, the proposed location of Lot 1 of Midvalley Business Park Subdivision is used for grazing of livestock by the current property owners. The entire existing property contains a single family dwelling with an accessory barn and pasture for horse grazing. ' The conditional use permit for Lot 1 is for the new corporate headquarters of Hubble Engineering, Inc., a local engineering, planning and surveying firm currently located in west Boise. The development would include a 24,560 square foot office building, equipment storage yard/garage with associated security fencing, and landscaping and parking that meet the Meridian Zoning Ordinance. At the present, the property is located in unincorporated Ada County, though contiguous to the city limits, with a zoning ' designation of RT. The Rural Transition zone is in the Meridian Area of City Impact. The requested C-G (General Retail and Service Commercial) zone would allow a business office as a principal permitted use. The Meridian Comprehensive Plan has designated this proposed area as Mixed- Planned Use Development, with probable uses consisting of commercial, residential, office, medical, industrial and related land uses. Because of the nature of the current development in this area, the access to Eagle Road and I-84 and the support of the Comprehensive Plan, this site is highly desirable for the intended use. As per the application requirements, we agree to pay additional sewer, water or trash fees or charges, if any, that may be associated with this commercial use. In addition, we have read the contents of this application and verify that all information contained within is true and correct. In all, we feel that this development is a nice fit into the overall plan envisioned by the City of Meridian for this area. With the close proximity to I-84 and Eagle Road, this site • is perfect for the type of development we seek. Our request meets the intent of the Meridian Comprehensive Plan for development in this area. Sewer and water are currently located adjacent to the site and will be provided to the development. The development has been designed based on Ada County Highway District policy and the City of Meridian Zoning Ordinance standards. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, ~~ Shawn L. Nickel, Project Planner Hubble Engineering, Inc. 2 CITY OF MERIDIAN ' APPLICATION FOR A CONDITIONAL USE PERMIT ' NAME: Hubble Engineering, Inc. -Applicant pHO~: 322-8992 ' ADDRESS: 9550 Bethel Ct. , Boise, ID 83709 GENERAL LOCATION: 621 Allen St. , North of I-84, West of Eagle Road ' 560 s uare foot office building, DESCRIPTION OF PROPOSED CONDITIONAL USE: 24 , q ' equipment yard and garage with security fence, associated landscaping and parking. ZONING CLASSIFICATION: C-G ' I certify that the information contained herein is true and correct. ~_ ~ c~ Signature of Applicant Social Security Number ~~3~ - ~ C~ ~- 6 % d U ' LEGAL NOTICE OF PUBLIC HEARING Ptusuant 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 October 13 , 19 9 8 at _.m. The purpose of the Hearing is to consider a ' CONDITIONAL USE PERMIT submitted by Hu b b 1 e Engineering , Inc . for the property generally described as located at 6 21 A 11 e n Street , M ie r i d i a n, I D ' _~ M i d v a l l ey Business Park SUBDIVISION, BLOCK 1 _, LOT 1 ' _ TO ~~ OUTLINE OF MATERIALS RUBBLE ENGINEERING PROFESSIONAL BUILDING MERIDIAN, IDAHO Non-combustible Construction Floors Slab On Grade Walls Steel Stud & EFIS Panel Exterior Roof Structure Steel Joist & Metal Deck Roofing Single Ply EPDM Insulation R19 Wall & R29 Roof Windows Insulated Low E Glazing Doors & Frames Wood & Hollow Metal Walls Drywall w/Paint & Vinyl Ceilings Suspended 2 x 2 Acoustical Grid Lighting 2 x 4 - 4 Tube Mechanical Roof Top HVAC Fire Protection Security Alarm & Fire Sprinkled • • CUP APPLICATION ITEM #2 = The legal owners of record of Lot 10 of Amended Magic View Subdivision are: Randy L. Worden and Linnea R Worden Who reside at: 621 Allen Street Meridian, Idaho 83642 Telephone: 887-9595 • ' We, Randy and Linnea Worden, the legal owners of Lot 10 of Amended Magic View Subdivision do hereby grant Hubble ' Engineering, Inc. the right to apply for Preliminary Plat approval of the above mentioned property in the City of Meridian, Ada ~ County, Idaho. Randy J. Worden :~,~~..~ {~,~ ~f Linnea R. Worden 1'I YL,Q ~ ~ ~~''~~ Representative for Hubble Engineering, Acknowledgement State of Idaho ) S.S. County of Ada ) Inc. On this / Z day of /-~~q ~5 ~ ~~ ~~ ,before me, the undersigned, a notary public in and for said state, personally appeared Randy J. Worden and Linnea R. Worden, husband and wife, to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same. I witness whereof, I have hereunto set my hand and affixed my official s~~a~~ day and year in this certificate first above written. ~ooo°°®D ~. ~aoe®d 0o°.~1Q'~~s QQ ®O°o O ° oo~°o~No®~: '4~ ~ypTAR j, 0 a ~ 1 E.~O® °7R 'oo PUBLIG m® 0: w,°°°~`~1 A0~0+0f®100®®t0®flA~®0~®O °As®7® L V F }~®C09~®® °'®aaa~AFsan®a My bond Expires Notary Public for Idaho Residing in Idaho ~' 9 yO SURVEyC ~J ' RUBBLE ENGINEERING, INC. • 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 Project No. 981.8900 August 18, 1998 DESCRIPTION FOR LOT 10 OF AMENDED MAGIC VIEW SUBDIVISION Lot 10 of Amended Magic View Subdivision as recorded in book 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho, located in the SE1/4 of the NE1/4 of Section 17, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: Beginning at the northwest corner of said Lot 10; thence along the exterior .boundary line of said Lot 10 the following courses: South 83°11'15" East, 230.88 feet; thence South 83°21'41" East, 64.86 feet; thence South 00°22'58" East, 611.11 feet; thence North 84°41'13" West, 473.05 feet; thence North 16°03'06" East, 626.61 feet to the Point of Beginning, containing 5.40 acres more or less. GGC/vw/AmendedMagicViewSub Prepared by: RUBBLE ENGINEERING, INC. Gregory G. Carter, P.L.S. • • ~ ~~ ~~e l~~~~8~~ ~~ ~~0 5 ! ~ ~ ~ ~ ~ !~ ~~ ~~ ~~ ~ ~ i i ~~ I I I i ------ ~ --~ -f ~ ------- -------- T i i Q I --~--- '' b ~~~I 1 ~ Z t m 0 ~ gg 8~ ~~~ C 4 ~? ` pps ? 4~f~~1~~17 ~ ~ ~~'t~ee~~~ ~~-~r~s L ~~~~ i ;{ I°` ~~ ~ m ~ a ~~~~g~g `` ~.yh ~ N` ~ ~ ~ R E e ~~e~~ ~~ ~~~~~a ~a ~ ~~~~~ ~~itl~ ~~ ~~ • ~ U :~ _~ ~ J~ ~_ ~~ W 1 °" r -~~, ~. ~~~~~ °~ 1 ~~ 1 J ' ~I ~ ~ I~ I N , 'p U I, s ./ ~ml U~ ~~ f' 1 1 ~ u iI ; u I ~ %~ ~ ' i'~ ~, !I- ~~ ~ ~; N jl v ll 1 ~~~ ~I h kk1 f ~~ 11 ~r~'d~ z O ~~ ~~ u u 4 ---,I I~ ~ ~ I ~ ~ ~' l ~ ^ ~ t'i v v ~_ ~ ~ ~~ ~ ~ ~- u l1 ;'~ ''' ~ ~;' 1 1 .r ~ 9'{ ~ -~~ ..ii ~ ~ 1 I ~' ~!'i! r '. '~. .'. ', ,I ~: '. l I', 1i ~. 1 '. ' ~ ~ ~_ ' I ~~ ~_ - COUNTER FER # "-'~ eEfl10 1 7N18 IS A LEGALLY BINDING CONTRACT. BEAD THE ENTIRE OOCUN~NCLUDINO ANY ATTACHMENTS, GREFULLY, BEFORE SIGNING. li Y NAV! ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. This is a COUNTER OFFER to the Real Estate Purchase and Sale Agreement and,R/eceipt for ~amesl Money Dated: --~ ~n~~ ~ ~ / , 19 ~~ tp ~ '7"' ADDRESS: ~_?''~ .4~~~LI ,~ i'l9~iir~..,.~ ~ BUYER(S): f ` ~ ~ f O,e ' SELLER(S): ~,r1.y ~ ~ ~- i .~it/g~q C.t~ o~~~! ~ Seller accepts all of the terms and Conditions in the above designated agreement with the following changes ' or amendment L A~'-vUw7 The herein agreement, upon its execution by both parties, is made an iM rel art of the aforemention e9 P ed Agreement. OTHER TERMS: Ail other terms and conditions to remain the same. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept eny other offer prior to Buyer's written acceptance of this counter offer. Acceptance shall not be effective until a copy of this Counter Offer, dated and signed by Buyer, is personally received by the Seller or Seller's agent. EXPIRATION: This counter offer shall ex unless a copy hereof with Buyers written acceptance is delivered to Seller or Seller's agent on or before ~ e:10 o'clock O A.M. I~P.M., on 9~cJ ' '~'~ 9 ,19 ~~~/ Dated ~~ ~ ti ~ 19.L4 Seller Time - ~. ~ 'y '~ AMi~ Seller . The undersigned Buyer(s) accepts the above counter offer. mat Q iP.a ~T~~~J ~~ , Dated ~ 19~ Buyer ~~' 'Time \ \ \ \ ' ~ AM M Buyer •\fff\\\f•t\\\ff••f\i\•\\1•\\•\\If•\\•f\•f\1\Mf Rff\ff\••f\\f\\f•f\\ff\•f\••\\f~••. COUNTER OFFER # ___ The hereln agreement, upon its execution by both parties, is made an integral part of the aforementioned Agreement. ' OTHER TERMS: All other terms and conditions to remain the same. Unless the above Counter Offer !f is accepted on or before 19 _ at AMlPM, it shall be deemed revoked. Receipt of a copy hereof Is hereby acknowledged. ' Dated Time 19 _ Buyer AMIPM Buyer 9 10 11 ,z 13 14 15 16 17 18 19 20 21 22 23 24 25 2s z7 ze zs 30 31 32 33 3a 35 3s 37 3B 40 41 42 43 44 45 46 47 a9 50 s1 52 ostler accepts Buyer's changes or amendments to Seller's Counter Offer and agrees to sell on the above terms ~ and conditions. ~ Dated i9 _. Seller 55 Time AMlPM Seller ss Thls lam k pnnrod and distributed by the Ada County Aesedalton of REALTORSW . Thls form has been dsslgned antl la provldsd only la use by real estate $7 profeeslonals licensed by the Idaho goal Estate Commisaton who are silo members o1 the Natlonel Aasocietlon of REALIORS• .Use by any other person to 5B prohibited. 59 ~Capyrlghl Ads County AsaoCletlon of REALTORS'' Ap dgMe roaerved 1991 BROKER'S COPY 2-91 1 2 3 a 5 6 a-~~~~a e J • • ' We, Hubble En ineerin Inc. the dev g g, elopers of Mldvalley ' Center Subdivision do hereby affirm that we have applied for a Conditional Use Permit with the City of Meridian and ' will post the property at least one week before the public hearing. Representative for ~ Hubble Engineering, Inc. ~ ~ ~ ~ 1 Signed August 31, 1998 ;~ ~ • CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 stolTler's Order No. Date ~-~-qiS Name e Ih ~n I i~ n Address PD BOX (qp I b) ~~bc~iviSIt1Y1 BO i .~P, I D- $3~ I q Phone: SOLD BY CASH C.O.D. CHARGE ~ ~ ~ ON ACCT. MDSE. RETD. PAID OUT e.L~I.P ~ 2 lsl~ i ~~ai - a~ I-lv1 X 2 3ca i7~ I I Aq claims and returned goods MUST be accompanied by this bill 0 0 0 9 0 6 7 TAX ~ Received BY TOTAL 31 ~ i 1 ~{ GS-202-2 l/ PRINTED IN U.S.A. ,J FNINTEU WITH /`~ n SOYINK_ ` Jit'/E(^.lJ_Vt((J 6tU ' ,\~ ENG/nrFt` °' ~: RUBBLE ENGINEERING, INC. Bo~sE6B~4o;` 4 0 0 4 6 ss-a55 CHECK NO. BOISE, IDAHO 1232 r ~, P.O. Box 190161 ^ Boise, fdaho 83719 ^ 208!322-8992 9~~ SURN~{off DATE ~} r. {-~ ;~ . CHECK AMOUNT u';:a" _ :':,,a ...~;rdreu nin-}-~-*hree an:37 ,; ,,,~, ~- _ ~,.. ~i1ar~ PAY yF3~Gb a°~:~..~? TO THE ORDER t ~i'04004611' ~: 1 2 3 204 5 50:40 i 00390 111' ~a\~ ENGtyE,~~ NUBBLE ENGINEERING INC. BasEBB~~` - 40047; 96 455 - ~ ~ ~ BOISE, IDAHO 1232 CHECK NO. r y P.O. Box 190161 ^ Boise, Idaho 83719 ^ -9 ~ 208(322-8992 ti0 SUR`1F'{O X004? ~xac`.lp Si3nt~~r. and ;, , i,-;7 Lc11.ar~ DATE CHECK AMOUNT PAY s14,'Sa Sis.~~ TO THE ORDER CITY OF MEkIBIAh~ OF 11'04004711' is L 2 3 204 5 501:401 '00 08011' I • 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on October 13, 1998, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of approximately 5.4 acres of land which is generally located northwest of Eagte Road / I-84 interchange, west of existing Texaco. The application requests a zone of C-G. Further the applicant requests preliminary plat approval of the parcel of land above described for 5 building lots for proposed Midvalley Business Park Subdivision. Further the applicant requests a conditional use permit for 24,560 square foot office building, equipment yard and garage with security fence. 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 11th day of September, 1998. WILLIAM G. BERG, JR. PUBLISH September 23 and October 7, 1998. ~~~ ~o ~, ~L = F~ ~ 1~ ~: ~ ~~i3~ ! \ ill I 3311 d 1 ~ II U _ I jl • ~ I Ali ~ I i i+ ~ ~ p ~ U r" ~ I 'n • ~ ~ ~ ~ ~ U ~ f' I ~ 07 ~ 11, ~ i I~ I~ J II L j / ~ ~~I , 4 \ ~ j I'll ~ i ~ ~~l ~ ~ ,u ~ ~ ~ i ,. ,~ ~ } I} ~,~ ,~ ~ N ~ ~ , i ~: ~ ~, ~ ~ ~ r ( , ~ ii I ~ o i ~ ~~ ~, i ~ i ~i ~ ~ ~~ i ji ~ ~ i ~~ i I~ 11~ ~ 1 1 1 1 ~ ;~ I ~ s- -~- ~i ~ .i ,, i ._. I a~ ~ ~j I j ~ 1 ~ ~ l~ ~ ~~ ... _ I' i y~ I ~ 3 ,.. ~ 3 ~ 1 ~ I ~. •~ I ~ / I~, ~~ ~ ~~ ~ I ~ ,.i I I '!i I 1 ~ ~i ~ 1 jli ~ j ~:: I~, `, ~ ~~i~~~ z ~, a ~ f~ ~ r ,~ I ii I ~ ' ' ~ 1I / 1;~ ~ m ,ai ~~ ~ ~ ~ ~ 8 ~I I ~ I~~!~ i 1,1 ~~ ~r ;;III ~J ~_--lia ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF NUBBLE ENGINEERING, 621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD, FOR A CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ~ ~~:es ,~ Sl~~2 ~ S~ ~~~ ~~~~ ~~~~ ~~ ~-e~~~ ~- ~~~ ~~~~f ~ ~'~,s T This matter coming on regularly for public hearings before the City Council on the 15tH day of December, 1998, and the 2nd day of February, 1999, and Shawn L. Nickel of Hubble Engineering Project Manager, Rich Alyson, Bob Barnes, and Howard Hunks, having appeared and testified in favor of the application, and Larry Sale of ACHD having stated the position of the ACHD, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of public hearings on the conditional use permit were published for two (2) consecutive weeks prior to the said public hearings scheduled for December 15, 1998, and February 2, 1999, before the City Council, the first publication appearing and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 1 written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearings and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 15, 1998, and February 2, 1999, public hearings; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The City Council adopts as its Findings of Fact those Findings of Fact numbers 1 through 18, and Conclusions of Law number 10 of the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission, which are incorporated herein by reference as if set forth at length. 4. The City Council takes judicial notice of it's own records in the matter of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 2 application of Hubble Engineering, Northwest of Eagle Road/I-84 Interchange, West of existing Texaco, for preliminary plat for Midvalley Business Park Subdivision, Meridian, Idaho, specifically the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions. That Lot 1 therein as described in Plat bearing the Job No. 98-189, SHEET 1, G:\Hubble\Magic.DWG 11-4-98, is the subject real property of this application and that this order must be automatically amended at such time as the Plat becomes final and is recorded. CONCLUSIONS OF LAW City Council adopts as its Conclusions of Law those Conclusions of Law numbers 1 through 8 as is set forth in Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 3 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: The applicant is granted a conditional use permit for Lot 1 of Midvalley Business Park Subdivision as that lot is described in the Preliminary Plat as Plat bearing the Job No. 98-189, SHEET 1, G:\Hubble\Magic.DWG 11-4-98, as conditionally approved by order of the City Council on the 15`h day of December, 1998, for the development of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 4 24,560 square foot office building, equipment storage yard/garage with associated security fencing, landscaping and parking subject to the following terms and conditions: 1.1 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. 1.2 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. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 1.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1.6 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 1.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 1.8 All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 5 1.9 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.6. 1.10 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 1.11 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.12 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 1.13 Requires that all fire codes be met. Since the shop is over 500 feet there will need to be one additional fire hydrant. 1.14 The City needs to connect a new water source to this closed system prior to any more development in this area. 1.15 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 1.17 Run-off is not to create a mosquito breeding problem. 1.18 Stormwater must be pretreated through a grassy swale priorto the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.19 The existing septic system must be properly abandoned pursuant to the Subsurface Sewage Disposal Regulations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 6 1.20 Requires all laterals and wasteways be protected. 1.21 All municipal surface drainage must be retained on site. 1.22 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.23 The developer must comply with Idaho Code 31-3805. 1.24 All fire codes will need to be met with the shop being over 500 feet. 1.25 One additional fire hydrant will need to be added. 1.26 The City needs to connect a new water source to this closed system prior to any more development in this area, due to peak demand and fire flows and pressure are extremely low. 1.27 After written approval from appropriate entities are submitted, the central water and sewage will be approved. 1.28 Plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality for central water and central sewage. 1.29 Run-off is not to create a mosquito breeding problem. 1.30 The existing septic system at the house will have to be abandoned properly, as described in the Subsurface Sewage Disposal Regulations. 1.31 Stormwater is to be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.32 Best management practices for stormwater disposal and design can be obtained for guidance from: 1.32.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 7 1.32.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.33 Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. 1.34 All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any subsurface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code § 31-3805. 1.35 Irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 2. This order shall be automatically amended for the description of Lot 1 at such time as the approval and recording of the final plat of Midvalley Business Park Subdivision. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 8 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 maybe adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on February 16, 1998. ROLL CALL COUNCILMAN BIRD VOTED COUNCILMAN ANDERSON VOTED (~ COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED G~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: .~ ~-~~ - ~ 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 9 MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By; ~~...~ .- Dated: ~ ~~ ~/ City Clerlc msg1D:lMyFiles\Meridian City File\Findings4lConditional Use Permits FF1Hubble Eng for Midvalley Bus Park Sub FFCL Order.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 10 Ec,F~v R ~~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) RUBBLE ENGINEERING, 621 ALLEN ) STREET, NORTH OF I-84 AND WEST OF ) EAGLE ROAD, FOR A FOR CONDITIONAL ) USE PERMIT FORA 24,560 SQUARE FOOT ) OFFICE BUILDING, EQUIPMENT YARD AND) GARAGE WITH SECURITY FENCE, ) ASSOCIATED LANDSCAPING AND ) PARKING, MERIDIAN, IDAHO ) ~" E ~ 1 0 1999 CITY OF ?MERIDIAN ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 15'h day of December, 1998, and the 2nd day of February, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to Hubble Engineering fora 24,560 square foot building, equipment storage yard/garage with associated security fencing, landscaping and parking upon the real property described hereinbelow and located at 621 Allen Street, North of I-84 and West of Eagle Road, Meridian, Idaho. This permit is subject to the following terms and conditions: 1. The applicant is granted a conditional use permit for Lot 1 of Midvalley Business Park Subdivision as that lot is described in the Preliminary Plat as Plat bearing the Job No. 98-189, SHEET 1, G:\Hubble\Magic.DWG 11-4-98, as conditionally approved by order of the City Council on the 15`h day of December, 1998, for the development of a 24,560 square foot office building, equipment storage yard/garage with associated security fencing, landscaping and parking subject to the following terms and conditions: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK - 1 1.1 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. 1.2 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. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 1.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1.6 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 1.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 1.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 1.9 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK - 2 1.10 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 1.11 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.12 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 1.13 Requires that all fire codes be met. Since the shop is over 500 feet there will need to be one additional fire hydrant. 1.14 The City needs to connect a new water source to this closed system prior to any more development in this area. 1.15 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 1.17 Run-off is not to create a mosquito breeding problem. 1.18 Stormwater must be pretreated through a grassy swale prior to the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.19 The existing septic system must be properly abandoned pursuant to the Subsurface Sewage Disposal Regulations. 1.20 Requires all laterals and wasteways be protected. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK - 3 1.21 All municipal surface drainage must be retained on site. 1.22 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.23 The developer must comply with Idaho Code § 31-3805. 1.24 All fire codes will need to be met with the shop being over 500 feet. 1.25 One additional fire hydrant will need to be added. 1.26 The City needs to connect a new water source to this closed system prior to any more development in this area, due to peak demand and fire flows and pressure are extremely low. 1.27 After written approval from appropriate entities are submitted, the central water and sewage will be approved. 1.28 Plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality for central water and central sewage. 1.29 Run-off is not to create a mosquito breeding problem. 1.30 The existing septic system at the house will have to be abandoned properly, as described in the Subsurface Sewage Disposal Regulations. 1.31 Stormwater is to be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.32 Best management practices for stormwater disposal and design can be obtained for guidance from: 1.32.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT 4 NUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK - 4 1.32.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.33 Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. 1.34 All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any subsurface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code § 31-3805. 1.35 Irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 2• This order shall be automatically amended for the description of Lot 1 at such time as the approval and recording of the final plat of Midvalley Business Park Subdivision. 3• Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the Cit of Meridian, a copy of which is attached to this permit. y By action of the City Council at its regular meeting held on February 2, 1999. By: O RT D. CORRIE or, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By ~~ ~ Dat ~ 2~ - City Clerk ed. [ ~ ~y msg1D:IMyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPROVAL\ORDER CONDITIONALLY APPROVING PRELIMINARY PLAT\HUBBLE ENGINEERING CUP ORDER 020899.wpd ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK - 5 Meridian City Council March 16, 1999 Page 12 MOTION CARRIED: ALL YEAS. • 7. TABLED FROM 3/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY RUBBLE - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: Corrie: This was tabled I believe we needed to have the City Clerk attest that the Ordinance was in effect and published; is that correct? Berg: Mr. Mayor yes it is. It's been published. Corrie: Okay that having been done and attested to by the City Clerk any questions on the conditional use permit for Midvalley Business Park? Hearing none, I'll entertain a motion on the conditional use permit. Anderson: Mr. Mayor I make a motion we approve the conditional use permit for the 24,560 square foot office building and equipment yard in the Midvalley Business Park for Hubble Engineering. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the conditional use permit on item number seven. Any further discussion? .Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, AYE. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 8. DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: 9. ORDINANCE #818 -ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: Corrie: Shari, comments on the development agreement? Stiles: Mr. Mayor and Council, I'm also unaware of that development agreement has been signed by the applicant. Corrie: Mr. Clerk, has that one been signed by the Thousand Springs Village Subdivision? Berg: Mr. Mayor, I do not have a signed copy of the development agreement by the applicant. Corrie: Mr. Gigray, any comments about this? Gigray: Mr. Mayor and members of the Council, as you recall my advice on these matters would be that you would withhold any action on passage of the ordinance until ~ ~ MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 APPLICANT: NUBBLE ENGINEERING AGENDA ITEM NUMBER: 7 REQUEST; CONDITIONAL U AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: V COMMENTS SEE ATTACHED MINUTES FROM 3/2/99 ADA COUNTY HIGHWAY DISTRICT: .12~ ADA COUNTY STREET NAME COMMITTEE: ~ ~(~ J CENTRAL DISTRICT HEALTH: ''II ~~ ~IU NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. • ~ Meridian City Council March 2, 19gg Page 5 Rountree: I have none. Bird: None. Corrie: Then I will entertain a motion on the Findings of Fact and Conclusi Rountree: Mr. Mayor I move that we approve the Findings of Fact and Co ons of Law, Law and the Decision and Order for the requested annexation and zonin nclusions of Bird: Second. g Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Fin ' Fact and Conclusions of Law and the Order. Any further discussion? dings of ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BE YEA. NTLEY, MOTION CARRIED: ALL YEAS. Rountree: Excuse me Mr. Mayor. On that particular item in the Findin s of Fa Conclusions of Law and Order of Decision there's an indication that a develo ct and agreement would be in order. That needs to be followed up before can requesrt ent annexation ordinance. Gigray: Mr. Mayor with your permission, I'll respond. Members of the Council we have gone ahead and prepared a draft of the development agreement as well as a draft of the annexation ordinance so that that pending action of City Council toni ht and in a position to submit that to the school district for their- and I think than bee we d be today to the Clerk's office if I'm not mistaken. You haven't? n routed tomorrow then. Then she s holding it until Rountree: That's in process. I just want to make sure. Gigray: Oh, yes. Rountree: Okay. Thank you. 3. TABLED FROM 2/16/99: CONDITIONAL USE PERMIT FOR 24,560 S U FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH Q ARE SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY NUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: Corrie: Mr. Gigray? Gigray: Mr. Mayor and members of the Council, just to refresh your memo this m was tabled on advice of City Attorney to assure that the annexation ordinance was'ntter effect and had been published so that the subject real property would be subject to ordinances of the City. We had tendered to the Clerk a draft of the recommended the fi tidings and order granting conditional use permit in a transmittal letter of Februa 8 , and I believe you have that before you, and if the Clerk can affirm tha ry the t the ordinance Meridian City Council March 2, 1999 Page 6 of annexation is in effect and published, my recommendation would be that it would be proper for you to consider action on this matter. Corrie: Mr. Clerk can you affirm that? Berg: Mr. Mayor and members of the Council, the annexation ordinance is recorded by Ada County and it will be published tomorrow in the newspaper so it has not yet been published. Bird: Mr. Mayor we got a memorandum from Mr. Giq~ray stating that exact same thing, and this is going to have to be tabled until March 16t meeting. Am I not true? Gigray: That's correct. Corrie: I'll entertain a motion Mr. Bird on the table. Bird: Mr. Mayor I move that we table the conditional use permit for Midvalley Business Park until 3/16/99. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to table item number three until the March 16, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI- PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT -BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: Corrie: Mr. Gigray? Gigray: Mr. Mayor and members of the Council, you have before you a draft findings on this particular matter. I would advise the Council upon review that we would recommend a change. One of the issues as you remember had to do with the width of the driveways. I had originally drafted this and I'm looking at 6.17 of the findings on page 5. It talks about driveway widths and I see we neglected to delete as required by ordinance because I remember there was a discussion about the ordinance so what we would propose I think you could go ahead and move on this if you choose to that we would if you make this motion change that language to internal driveway widths are approved as shown. Driveway approaches shall be as required by Ada County Highway District which will accommodate the proposal that was submitted which I believe provided for 23 foot widths for those driveways as the testimony was in there, but we would change the language of that section. That section reappears in the conditions of the order and then section 6.35 at page 7 we would propose an additional language in that finding to comply with the plat approval here that would just add what's ~ ~ MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT: RUBBLE ENGINEERING AGENDA ITEM NUMBER: 3 REQUEST: CONDITIONAL USE PERMIT FOR MIDVALLEY BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS P~s~ ~t®~~X~~ 4~ ~~~ L•~ G'~ C I°- M1 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SEE ATTACHED MINUTES FROM 2/16/99 • • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 8 Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: Question to the City Clerk, we do have that signed development agreement do we Will? We do okay. Any discussion on the development agreement? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the development agreement for Midvalley Business Park Subdivision. Rountree: Mr. Mayor I move that we approve the development agreement for Midvalley Business Park, authorize the Mayor to sign and the Clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve. the development agreement of the Midvalley Business Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3. TABLED FROM 2/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY NUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: Corrie: I think we will probably better table that one until after the ordinance is written. Mr. Gigray is that correct? Gigray: That would be my advice. ~ ~ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 9 Corrie: Once we do the ordinance and then publish the ordinance then we can come back to item number three and put it on the agenda. Anderson: Mr. Mayor I make a motion that we table three the conditional use permit for Hubble Engineering until after the item number four on the ordinance. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to table item number three until after the ordinance item number four. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 4. ORDINANCE #810 -ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: (MAYOR CORRIE READ ORDINANCE #810) Council if you want you could on this second reading do the ordinance with suspension of rules to have it go into effect. Bentley: Mr. Mayor I move we approve Ordinance #810 with the suspension of rules. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #810 with suspension of rules. Any further discussion? ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL AYES. Corrie: Mr. Gigray do we have to table that until after the ordinance has published in order to -the conditional use permit? Gigray: Mr. Mayor and members of the Council it's my recommendation that you do that because the final action on the annexation will occur once that ordinance is published. That's when it comes into effect and at that point then the property is officially within the bounds of the city and then you can proceed to grant the conditional use permit. Anderson: Mr. Mayor I make a motion to table the conditional use permit for Midvalley Business Park until March 2"d • • P.Ol WHITE, PETERSON, PRUSS, MORROW & GICR AY, P.A. Jvsrrv P AYLSQlnRTH ATTORNEYS ~T LAW Jul.le KLEIN r•~;; • ClIER 'UU i-~'~=T C;IRLTON AVENUE, SUITH )l WM. F.Ci1GRnr,I)I PUyTUFF1t:F 1'UX IISJ D. SAMUEL JOHNSON 1~IflRtn1AN, tUAH<?8368Q•1150 WILLIAM A. MURROQI TF,L (2on1 2AR.tgvy Ctlwi.rrur,uia ~. Nrr FAX (208) 288.2501 1'NILIP .~1. 1'ETF0.50N STEPHEN L. PRI,'S5 ERIC S, RV~JMAN Toao A. ROS.SMAN R. ~TEPFIEN RVTFfEf1iO0.D Towucarr, p, 0•i,,,n FACSIMILE TRANSMITTAL TO:_ ~ ~ t.~ n ~ ._- - COMPANY;~-------_ `-- Nl1MBCIt OP PAG COMMENTS: __ o Conficierttiality Nc)te: Thy ~c)ntents of this tTartsrltis.sic)n ~).re intc~nL.tei1 to h~~ ,eL'n atld used t)11I1' b~~ t,`te iildi~'iL.lual tc) ~vhc)m it is aL.jLiressc~l, ii' v()u r~~ceivc> this transrrissi~lrt in error pie~astr gall our o1'Fice ~c) that wu [tla~T ~rr~n~~ to pick up the tic)cuitle~il an~i mute ii It) the office it' was iilten~leLl Fcn•. Y<)u rnav t-a11 ~c)Ll~~ct if lc)rt~ ~~i~t~nc~~: (.()h) ?;i~_?,}yy Thanks: 'ITMI;: /~ ` _ NAMPA OFFiC:>; 107 NINTII AVENUL• Sl~l ll'i-I POST O}FK;E 60X ,i7 NAMPA.IUAHU536S3 017 TEL (ZCyI }64.9272 F/\X (lOtll }4d-i}OS PI.E.ASF. REPLY'fU MIeR-l)IAN UFFIC:E ' 'White, Peterson, Pruss, Marrow & GiKray ? Meridian Office PHONE: (2U8) 288-2~y9 -~ i C~.c>`' FEB 26 ' 99 1126 • • P_02 MEMORANDUM l o: Mayor Cortie, Councilman Anderson, (' Heilman Bentley, Councilman Bird, and C'out;icilman Rountree From: Wm. F, Gi~ray,11I Subject: HU13C31.F? 1=.N(1)N};(=RjN('r(Cj1P) Date: February 24, 1998 i~lav~r Corri~ and C:~uncilmen: 1 have been <td~~isod that. the ~)ublicati~n for the ab4vc annexati~)n and zor-izi~ ordinance will nit occur until Wednesd~~y, titarch 3, I>99, and cheret~r~- the this rttatter should be continued kor the a1~~~rc)val of t he C:U1' until the March 16''' City Cc)uncil rt~t>c`tin~. !f ynu ha~,~e anv c~uestic~tls please ac9visc. hlsiyl) \l41yFiIrsU`icnilan t:av FiIC~Mcm~randur:a2\(;;,~ul~~ilmrn r>n I1uLbIC f.fJP .1% t)ttl.w~~1 FEB 26 '99 11 26 ** TX CONFI~TION REPORT ** AS OF .MAR 03 '99 09:17 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS 02 03103 09:12 1 208 378 0329 CMD# STATUS -------------------- ---------EC--S 04'43" 018 062 OK MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999 APPLICANT; NUBBLE ENGINEERING REQUEST: CONDITIONAL USE PERM NDA ITEM NUMBER: 3 IT FOR MIDVALLEY BUSINESS PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 2/16/99 CITY ENGINEER: ` ~8 CITY PLANNING DIRECTOR: pia° I( ~, o~e3,7/~~ CITY ATTORNEY: , ~ yg9 tao"` t8 CITY POLICE DEPT: `~, ~~~° I ` e f ~o po ~ pn,,,®s u~n CITY FIRE DEPT: ~ e S~ Fay, N co~po0`• l~c~b CITY BUILDING DEPT: pho~" 'd32 ~~~ ~ CITY WATER DEPT: ~ ~ /_ v Y/ 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 fhe City of Meridian. • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16 1999 APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 3 REQUEST: CONDITIONAL USE PERMIT FOR MIDVALLEY BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 2/2/99 SEE ATTACHED FINDINGS & ORDER OF ~~ V~ ~~~ ~NZ ~,. ~'~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian City Council Meeting February 2, 1999 Page 18 Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept the Ordinance #810 its first reading. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Mr. Gigray you had a look on your face. Did we do that one right? Bentley: We need to make sure that it's understood that in order to finish the proceedings on this annexation of 810 that we need to have a signed development agreement. Corrie: Okay. I believe it's - Bird: We didn't vote on passing this. This was the first reading. Bentley: Yeah, just the first reading just for the record. 7. TABLED FROM 12/15/98: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY NUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO. Bentley: Mr. Mayor I believe we have to table this until we have the passage of the ordinance; is that correct? Mr. Mayor I move we table the conditional use permit for Midvalley Business Park until February 16, 1999. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to table item number 7 until February 16, 1999 meeting. Any further discussion? Bird: Mr. Mayor this was going to be a public hearing so is there anybody here that was going to - oh, it wasn't? Corrie: No, it was not a public hearing. Bird: Okay. My fault, go ahead. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 JULIE KLEIN FISCHER POST OFFICE BOX 1150 WM. F. GIGRAY, lI1 MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON TEL (208) 288.2499 WILLIAM A. MORROW FAX (208) 288.2501 CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC $. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE February 8, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE €'~ T- ~ ~ ~, ~,~ ` - '. ~E~ ~ ~ 1999 William G. Berg, Jr. ry ~.~,~~.,~._,k _ Meridian City Clerk ~%I`~"t ~~~' 1.~.~~a~,-~~=~~? 33 East Idaho Street Meridian, Idaho 83642 RE: HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK (CUP) Dear Will: I have revised the proposed Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions, which are enclosed, together with the Order of Conditional Use Permit. The revisions were done as a result of the Decision of the City Council at the meeting of February 2, 1999, regarding the Annexation and Zoning and Development Agreement provisions. Would you please make these available for the Council with this routing letter. I RECOMMEND: That the Council take no action on the Findings and the Order Granting Conditional Use Permit until the meeting following the adoption of the Annexation and Zoning Ordinance. This will insure that the real property is zoned and within the City limits at the time the Conditio~rtal Use Permit is granted. V Enclosure F. ~igray, III sg\D:\MyFiles\Meridian City File\Findings2\Ltr to Clerk on Hubble Eng revisions to FFCL and Order CUP.wpd • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 2 1999 APPLICANT: NUBBLE ENGINEERING ITEM NUMBER: 7 REQUEST: CONDITIONAL USE PERMIT FOR MIDVALLEY BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM 12/15/98 w"~ ~~4~ ~, r~ b' rev All Materials presented at public meetings shall become property of the City of Meridian. ,^ Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditional use permit or were still going to require that as noted on page 18 of the findings. Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think the question that is being asked by the Planning and Zoning Administrator is simply one of the recommendations the Planning and Zoning Commission would be that that development agreement would require a condition that the conditional use be applied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one way and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over design. We could handle it similar to what we did in Troutner remove that from the conditional use permit requirement from the development agreement. Gigray: Members of the council, that's how I would understand your motion because you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY NUBBLE ENGINEERING -621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: Corrie: Then we are on the conditional use permit, you can either continue the public hearing and request for more information, accept the recommendation of Planning and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify the recommendation of the Planning and Zoning Commission, or you may deny the conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You ana Zonin "`"" "" °n the Findin vv' JC`'°nd y Mr. g g~ Discussion Mr. gs of Fact and entley that we Gigray~ Conclusions ° f Law approve the G~gray: Mr with Planning ahead May°r and member of the council and approve the findin s ~ I would recorn withhold the grantin g of fact and conclusions of I annexation g of the order of conditional use er mend that you could go and zoning because I would not r~com aw I would reco permit until it is zoned and p mrt until we mmend you action until the other is corn nnexed within the cit mend that have effected an Y and We ~ You grant a conditional use pleted. lust hold that Corrie: Mr. Rountree is that what part of the you would like to do? Rountree: So noted accept the Findin ' we will not move fo gs of Facts as they are. rward with the decision at this Gigray: I'll pre point in time, but future council pare at your direction necessa meeting once the other action as t ken hich it would be Corrie: Any further discussion? place. submitted in a ROLL CALL: Hearing none, I'll roll call vote. Bird -yea, Bentley -yea, Rountree - MOTION CARRIED. Yea, Anderson - All yea. Yea. Bentley: I move that we take a ten mi nute break. Rountree: Second. Corrie: Motion made and seconded to (BREAK) take a break. Corrie: I will call the meeting back to 0 rder. ./ ' Meridian City Council Meeting December 15, 1998 Page 20 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY NUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I- 84 AND WEST OF EAGLE ROAD: Corrie: So at this time I will open up the public hearing for items 8, 9, and 10. I invite a representative from Hubble Engineering to come forward. SHAWN NICKEL, RUBBLE ENGINEERING Nickel: Mr. Mayor and members of the Council, thank you for the opportunity tonight to speak in front of you. My name is Shawn Nickel. I'm a land use planner with Hubble Engineering, 9550 Bethel Court in Boise. With me tonight is Mr. Bill Johnson, an engineer with Hubble Engineering. He'll be available for any questions we might have regarding engineering of this project. Tonight we have three applications before you. An annexation and zone change, preliminary plat and a conditional use permit. The annexation and rezoning is of 5.4 acre parcel described as lot 10 of Magic View Subdivision. The zone change would be from R-T, which is rural transition, a county zoning designation to C-G, general retail service commercial. The zoning we request complies with the Meridian Comprehensive Plan which designates the area as mixed planned use development with the probable uses consisting of commercial, residential, office, medical and industrial uses. The annexation and zoning is compatible with existing land uses in the specific area referring to the existing Texaco convenient store, restaurant and the proposed hotel to the east of our project. The preliminary plat before you this evening consists of five lots on the 5.4 acres. Lot one is proposed to be 2.57 acres in size and will have direct access on to Allen Street. Lot one will be developed for Hubble Engineering's corporate office. Lots two through five will be developed with uses allowed in the C-G zone as they are sold off. Sewer and water is available to this property and will be provided to each of the lots. ACRD has reviewed the subdivision, and we will adhere to their requirements including dedication of right-of-way improvements on Allen Street and Magic View and extra impact fees required for the improvement of Allen Street Eagle Road connection. This subdivision plat complies with the Comprehensive plan and the subdivision ordinance. Finally the conditional use • Meridian City Council Meeting December 15, 1998 Page 21 permit you have before you tonight is for the development of lot one, the 2.57 acre lot. It's on the south portion of our property and as I stated it will be developed for Hubble Engineering's corporate offices with an office building of 24,900 square feet and an accessory equipment garage. The site has been designed using the requirements of the Meridian zoning ordinance for lighting, landscaping, parking and signage. The construction will consist of a tilt up concrete type building, single story, a flat roof. The Planning and Zoning Commission has recommended approval at their last meeting for tonight of all three of the items. We are in support of the Planning and Zoning Commission recommendations on all three with the exception of two issues, which I would like to briefly discuss with you tonight. First of all we would like consideration for our written request to omit the requirement for individual conditional use permits on each of the remaining lots within the subdivision. That would be for principal permitted uses only as specified in the zoning ordinance. I submitted a letter to the Planning Director and the Planning and Zoning Commission on October 15th. Unfortunately the pubic hearing was closed at that time. I was unable to get that into the record. Also on December 10th I submitted a letter to the Council and also to the planning staff, which should be a part of your packet and I also just handed you another copy of that tonight. The Meridian Comprehensive Plan requires conditional use permits in this specific area mainly because of the gateway corridor to the City of Meridian on I-84 and Eagle Road. What we're requesting is for approval of not only our project on lot one but also of 14 specific principal permitted uses which I have included as part of the developer agreement. We have met with your planning staff on several occasions, and we both believe that we can handle this concern through the developer agreement. We have submitted the development agreement. You do you a copy of that in the packet I just gave you with the 14 specific -page 7 of the packet I just gave you. 14 specific uses that we would like to be exempt from the conditional use process. Once again let me reiterate that those are principal permitted uses that are allowed in the zone. Any conditional use requirement would go through the proper Planning and Zoning Commission approvals. We believe we can handle this through -once the lots are sold and a business is willing to locate there we are in agreement through our developer agreement to go through any type of design review, C C & R's or any other administrative review on those uses. I believe your staff is in agreement with the principals of what we are suggesting. I can stop right now and we can discuss that or I can go on to my second issue. Whatever is better for you. The second issue I'd like to bring up tonight is in regards to the conditional use permit that you have in front of you. While your Planning and Zoning Commission did recommend approval, there was one I don't want to call it a condition, but it was added to the Findings of Fact at the last meeting when they were adopting their Findings of Fact. The public hearing was already closed. In essence what that requirement was prior to my company occupying that lot one, Planning and Zoning felt that it was appropriate to place the requirement that the access road, the new access road, coming from Eagle and connecting to Allen Street be constructed prior to our occupancy. We would like this condition to be removed at this time. We cannot receive financing from the bank if such a condition as Meridian City Council Meeting December 15, 1998 Page 22 this. We have met with ACHD on several occasions and are in the process of working out some of the problems associated with that road. Mr. Sale is present tonight, and he can kind of update you on what's going on there. We have also talked to the owner of lot two which immediately to the north of our property. That lot is kind of the missing link to relocate that road down on Allen Street. I believe a representative is here tonight for that lot owner, and he can address some of the concerns and comments that we've gone through. We have agreed with ACHD to provide what they are calling an extra impact fee for our share of that road. We have no problem with paying that money. We also have proposed to ACHD to our company to provide the engineering for that road to help speed up the process, but we just can't live with that condition of not occupying until that road is built. One thing I would like to say is that we're very confident that that road is going to be built within a short period of time. Otherwise we would not want to locate our business there and have to deal with the same problems that everyone else is concerned with that intersection and the development at that portion of the city. That's all I have. If you have any questions. Rountree: So what you're telling me then your proposal at this point would rely on Magic View for access. Nickel: That is correct Councilman. Corrie: Any questions? I believe there was a Mr. Johnson that had other testimony, the developer. Any further testimony in favor of the items 8, 9 and 10? RICH ALLISON 916 E. 1ST STREET, MERIDIAN Allison: Mr. Mayor and Councilmen, it's a pleasure to see you tonight. I was very pleased to see in the paper Mr. Mayor that our taxes are quite low and we hope they continue to stay that way. I guess part of the reason I'm here to testify is the fact that we do have the opportunity to enter into I think a different phase of development of the City of Meridian. Whereas this type of project is before you as many many others will come before you along Eagle Road in the future. It will greatly enhance the ability of the City to maintain its budgets and hopefully keep our taxes and other things quite low. I am speaking on behalf of the owner of the property, Mr. and Mrs. Warden. The proposal before you is a mixture of office and commercial development of which is needed in the area. The area will in the future undoubtedly support a great deal of additional commercial development being at an intersection which either is or likely will become probably the highest traffic count in the state of Idaho. I just want to speak for the development and hope that we have lots of additional development of this type in the future that will help support schools and the city budget of Meridian. If you do have further questions with regard to the property to the north or to the east or to the northeast, I'd be happy to discuss that. r ~ Meridian City Council Meeting December 15, 1998 Page 23 Corrie: Any questions? Bird: I have none. Allison: Thank you. Corrie: Anyone else from the public that would like to issue testimony in favor of these three items? BOB BARNES 2855 MAGIC VIEW DRIVE, MERIDIAN. Barnes: Ours is lot 9, which is the adjoining property just west of the lot 10 that Hubble Engineering is working on. We can see it as a plus. This kind of development we'd like to see in there, and yes, it would be nice to have the road. It would be wonderful and the sooner the better. But we wouldn't oppose the project on the basis of interim occupancy using Magic View. We feel it's doable to have this development come into our neighborhood and enhance the value of the whole surrounding pieces. Two concerns we have, we are currently just over the line as far as comprehensive plan goes single family dwelling, and Shari Stiles informs me that that will be part of the review process for change and that's what we would like to see is a change in the comprehensive plan, because our lot is five and a half acres also and adjoining property. The other point of concern I guess would be the fencing between the properties. We have no problem at all with the lot that Hubble is proposing for their business, because the place where their lot adjoins ours is basically pasture land. And so the chain link fence or whatever they're going to use for safety fence is fine. The only concern we have is when these other two, three, four and five lots develop, and we don't know what they are is we have a chance to negotiate what they will be because we don't want to permanently lock up our property visually at this point in time and in case we are able to change the comprehensive plan and rezone our property for commercial or business or whatever. So that will be my points. We support the project. Corrie: Any questions of Mr. Barnes? Okay, thank you. Anyone else wish to issue testimony in favor? HARBERT HANKS 2930 MAGIC VIEW DRIVE, MERIDIAN Hanks: I fully support the Hubble Engineering request to develop that are and the business. What they plan to put in there is well within reason of the plan that I see. The access to the road as Magic View I see as no problem at this period because the Hubble Engineering people are not that many employees that would be accessing on and off. It's not going to increase that flow on to Magic View Drive just minutely as I see it. As that area is developed more, there is a need for the road in there, but I can see ~ ~ Meridian City Council Meeting December 15, 1998 Page 24 no need for the access from the stoplight there before they occupy that property. Any questions for me? Corrie: None, okay. Thank you. Anyone else wish to testify in favor? Hearing none, all those that would like to testify against the 8, 9 or 10? Neutral testimony, yes, we'll take that Mr. Sale. LARRY SALE, ACHD, Sale: This would be neutral gender. Mr. Mayor and members of the Council, my name is Larry Sale. I'm with the Ada County Highway District, 318 E. 37t" Street, Garden City, Idaho. We have a post office now. I'd like to offer a few comments about the road. There's been some discussion about the proposed road from Magic View up to an intersection with Eagle Road. Through a meeting of the developer of the first lot ,the one we've all been talking about for a couple of years, up across from St. Luke's driveway. We have a commitment from that developer to dedicate or sell the right-of- way to the highway district and to build the half road plus 12 feet that either Mr. Bird or Mr. Bentley was questioning a while ago. And if you'd like after the meeting I can discuss that with you why we do that. We have a verbal commitment from the owner of the second lot through which the road would extend down the intersection of Magic view and Allen Street to sell us the right-of-way so that we're relatively assured that the road can now occur, and when needed. I was interested in your earlier struggles with procedure and things like that because we have a bit of that problem right now with regard to the fees for this area, and we're proceeding cautiously with just how to identify those fees and how to elect them. Whether they might be called extraordinary impact fees or to use the city's term, a latecomers fee. We're pursuing both those and it is really just a name. The dollars all remain the same, but as you and I'm sure your Council can appreciate we want to proceed in a manner that's first of all equitable to every acre in that subdivision because they probably won't all be developed similarly and secondly obviously to proceed in a manner that's legal and all that sort of thing. Anyway that may not have told you a whole lot, but we think the road is going to happen and we think that will help this whole area a bit. We expect the development to occur in a slowly enough so that traffic will build up gradually and we can afford to take a few to several months that it will take to get the road in place. Does Council have any questions? Bird: Magic View can handle this additional traffic okay without the other road being in? Sale: Mr. Mayor, Councilman Bird, Magic View has plenty of capacity to handle this traffic. The problem is one of congestion, convenience and safety at the intersection itself. Persons trying to turn north will have increasing difficulties and risks in doing so, but traffic turning into Magic View will be able to stop and wait for gaps in the traffic and • Meridian City Council Meeting December 15, 1998 Page 25 they can turn in relatively easily until some more traffic builds up on Eagle Road. But traffic turning out will be a bit of a problem. Anything else? Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our chances are of getting a traffic signal at Magic View? Sale: I'd say somewhere between slim and none. Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there you are well aware of that. Sale: Yes, sir. Corrie: All right thank you. Staff any comments on any of the annexation, conditional use permit that you've heard this evening? Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me. They have made the proposal not to have the conditional use permits. I guess I have mixed feelings about doing that. They've been real effective in some areas. In some areas where you can really tie down the development agreement and the covenants, it hasn't been necessary, but as far as some of the impact on the neighbors out there, one gentleman testified that he would like to be a part of some review of what else goes out there and that's not going to be possible unless they do the conditional use permit, but I'll leave it up to your discretion as whether you think the development agreement they've submitted is adequate and 1 would like to mention on page 7, we have discussed one of these items that should be crossed out as a permitted use would be number nine, planned commercial developments. The interpretation of what is a planned commercial development is too vague and if they do a planned commercial development out there, it should be under the conditional use process, but take a look at those 15 items and I guess if the Council is comfortable with allowing all those uses with no further review, that's really what you are deciding as far as the conditional use process. Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and the covenants as we did with the Troutner Business Park would your level of comfort increase and secondly do you see that we could get there with this particular development? Stiles: Councilman Rountree, Mayor and Council, I don't think it's impossible. If this developer is willing to in fact develop the subdivision, I guess I'm not entirely comfortable that they intend to do that. I think it's more a matter of they intend to sell lots off to other developers and may lose some of the control or some of the safeguards that are in place. Of course if the development agreement is tied down enough relating Meridian City Council Meeting December 15, 1998 Page 26 to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still no at that level of comfort that I was with Troutner Business Park. t Corrie: Any further questions of staff or testimony that you've heard tonight? Bird: I have none. Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the development agreement, I noticed the form in here I think was proposed by Hubble Engineering, and one of the things we're trying to do is standardize the form of our development agreements we could retrofit into our form without changing the essential development terms I would propose we do that. Corrie: Any more questions, I'll close the public hearing and open for discussion of Council. I guess we don't have any discussion on this. I'll open the first one then for the annexation and zoning. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move that we close all three public hearings. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three ublic hearings. Any further discussion? Hearing none, all those in favor of the motion sa aye. y MOTION CARRIED: All ayes. Corrie: Okay the first one is the annexation and zoning. You again can have your four choices, the continuation of the public hearing, accept the recommendation of the Planning and Zoning, modify the recommendation of Planning and Zoning, or den the application. y Bird: I move that we accept the recommendation of the Planning and Zonin Commission with one exception, and that is the rule of the road bein g Findings of Fact and Conclusions of Law by the city attorney for annexat oIn and zoginest of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with that also. Corrie: Do I hear a second to that motion? Rountree: I'll second it. Meridian City Council Meeting December 15, 1998 Page 27 Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further discussions on the motion as stated? Rountree: For the assistance of the city attorney, would he like input at this point on the terms and conditions of the development agreement that might come forth out of this preparation process, modifications that we might want to make in the developer's development agreement and my information only allows me to comment on one of three pages because I don't have the entire agreement. Or can we defer that and discuss that after the development agreement has been prepared in draft form. and deliberated at a later date. Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If you wanted to give me some direction at this point you can, or if you wish us to proceed with the information we have, we can do that because you won't pass it until it's back before you for a resolution. Rountree: Right. Mr. Mayor, (inaudible) question. Corrie: Any further discussion? Bird: I have none. Corrie: Okay no question been called for -let's have a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: Now on the preliminary plat. Council has the preliminary plat. You can move to approve, conditionally approve, deny or continue for 45 day maximum on the final plat and the city attorney will prepare the appropriate ordinance in conference with this decision and Mayor be empowered to sign necessary to carry out the decision and the City Clerk serve a copy of the ordinance on the applicant, the planning and zoning director and any interested party requesting the (Inaudible). So just to break that down, you can approve the final plat subject to the conditions that you should be specific or you can approve them without the conditions. This is the preliminary plat. Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the preliminary plat if we establish conditions, do the conditions if we get the development agreement come back and we make changes to the draft form of the development agreement, could we pick up other conditions that we may not attach to the preliminary plat. Meridian City Council Meeting December 15, 1998 Page 28 Gigray: Mr. Mayor, Councilman Bentley, members of the Council if ou a preliminary plat at this time subject to conditions or without conditions andphe ve the conditions that I'm looking at were in the recommendation to City Council by the Planning and Zoning Commission that you have before you as part of the record, that approval will be stated here in those specific conditions if you adopts those or whatever they are would go with that preliminary approval and they would have a right then to move forward for approval of the final plat as long as they met those conditions. So if there were conditions that you felt needed to be resolved with the development (End of Tape) Gigray: ...the development agreement to assure there isn't any confusion or disagreement about any of those terms and conditions. I just don't know whether there are any or not. Bentley: Thank you. Rountree: Are we all in the right spot in our choir books here? Bird: We are all going to sing from the same page at least. Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the conditions that would come through (Inaudible) for me, development agreement. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird, to approve the prelimina plat subject to conditions that are on the development agreement. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Point of clarification, the development agreement is the development agreement that is prepared by the city attorney. Is that the one that you are referring to, not the one that Hubble turned in. Rountree: Correct. Bentley: Thank you. Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zonin you made the motion that you would approve the annexation and zoning taking out theg requirement for the road to be constructed and with the development agreement but Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditions permit or were still going to require that as noted on page 18 of the findings. I use Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council I the question that is being asked by the Planning and Zoning Administrator is sim I think of the recommendations the Planning and Zoning Commission would be that thap y one development agreement would require a condition that the conditional use be a pplied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one wa and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over desi n. We could handle it similar to what we did in Troutner remove that from the condition g use permit requirement from the development agreement. al Gigray: Members of the council, that's how I would understand your motion becaus you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERIN -621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: G Corrie: Then we are on the conditional use permit, you can either continue the ublic hearing and request for more information, accept the recommendation of Plann p and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modif the recommendation of the Planning and Zoning Commission, or you may den the y conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You ~ ~ RE ~ ~= r CE D CITY COUNCIL MEETING MIDVALLEY BUSINESS PARK DECEMBER 15, 1998 1. Introduction DEC 1 ~ 3gc CITY OF 1'IERIDIAN ~~~ Annexation & Rezonin Annexation of 5.4 acres and rezone from RT to C-G. General Retail and Service Commercial Zoning. 2. Compliance with Comprehensive Plan -- Designates area asmixed-planned use commercial. Allows for uses such as office, commercial, residential, medical, industrial. 3. Compatibility with Existing Zoning and Uses Existing Texaco/convenience store/restaurant, approved hotel. 4. Planning & Zoning Commission Recommendation for Approval 5. Discuss Issue of Conditional Use Restrictions Letters requesting removal of Conditional Use requirement. Marketability of principally permitted uses on restricted lots. Agreement with City Staff of design review requirement rather than Conditional Use. Submitted Development Agreement listing exempt uses. Preliminary Plat 6. Discuss Design 5 lot subdivision on 5.4 acres. Lot # 1 being developed for Hubble Engineering Corporate Office. Lots 2-5 being developed with uses allowed in the C-G zone as sold. 7. Sewer/Water Availability To the Site 8. Ada County Highway District Requirements To Be Met 9. Compliance with Comprehensive Plan and Subdivision Ordinance Lot sizes, frontage, approval of application requirements met. 10. Planning & Zoning Commission recommendation for approval Conditional Use Permit 11. Discuss Design Development of Lot # 1 - 2.57 acre lot on south portion of property. Developed as 24,900 square foot building with detached garage. Professional Office (Hubble Engineering Corporate Headquarters). 12. Complies with Zoning Ordinance Designed based on requirements for landscaping, lighting, parking, and signage. 13. Construction Type -- . Tilt-up concrete type building, single story, flat roof. 14. Planning & Zoning Commission Recommendation for Approval 15. Discuss Issue of Condition on Road Construction Prior to Occupancy Planning & Zoning Commission placed requirement that new road connection to Eagle Road be complete prior to occupancy. Financing of property not possible with this type of condition. ACHD representative present to discuss road situation. Lot 2 of Magic View Subdivision owner present to update Council on property. Applicant to provide for extra impact fees for construction of roadway. THANK YOU FOR YOUR TINIE AND PLEASE APPROVE THESE ITEMS WITH THE MODIFICATIONS AS PRESENTED!!! ~~~~~G ~9~J~~1'~~~~~~~~ ~~^ • ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ~ Fax 208/378-0329 py0 SURV~~O~ December 10, 1998 Mayor & City Council City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 RE: Midvalley Business Park Conditional Use Permit, Annexation and Rezone Dear Mayor & City Council; - __ We are scheduled to be heard by the City Council on December 15, 1998 regarding our application for Annexation and Rezone to C-G, preliminary plat approval of a five lot subdivision, and a Conditional Use Permit for the development of Lot #1 of that subdivision. There are a couple of issues that I would like to bring up at this time that we intend to discuss at the December 15"' hearing. First, is in regards to a letter I submitted to the Planning and Zoning Commission on October 15, 1998, after our October 13`h public hearing (copy attached). Unfortunately, the public hearing was closed and the P&Z would not consider my request. Basically, the letter stated that we do not want to have Conditional Use Permit restrictions on our remaining four lots in our subdivision. On November 10, 1998, I submitted a list to Shari Stiles :of Principal Permitted Uses that we would like to include as uses not subject to Conditional Use Permits to be part of our Development Agreement (copy attached). Ms. Stiles has indicated to me that staff would support the specific Principal Permitted Uses listed in our Development Agreement to not. require a Conditional Use Permit so long as the City could maintain ~ some sort of design review on the uses prior to issuance of building permits. We feel this is appropriate and have included it in our proposed Development Agreement that should be part of your application packet. As I stated, I will address this issue in detail at the public hearing and believe that the Council will agree with our position on this matter. The second issue is in regards to something that came up at the end of our last Planning and Zoning Commission meeting on November 10, 1998. At the previous meeting, the three above-mentioned applications were heard by the Commission. The public hearing was opened and several individuals, including myself, testified in favor of the applications. There were a few people who had comments, and I believe no opposition. The Commission and myself exchanged questions and answers and the public hearing was closed. The Commission requested the attorney to draft findings of fact to be approved at the following hearing. At the November 10`h hearing, after the public hearing was closed, Commissioner Smith made a motion for our Conditional Use Permit to include in the findings a condition. requiring that, prior to our occupying the building on Lot #1, the new road 0 • coming from Eagle Road and aligning with Allen Street be constructed. This motion was accepted and is part of the Commissions recommendation to the Council. Because the public hearing was closed, I was unable to comment on this issue and address the rest of the Commission. We will address this issue in detail at the December 15th City Council meeting. We want to'be on record now that we are in disagreement with that condition being placed on our property. At the hearing, we will debate your process of adding conditions that are not addressed during the public hearing, and adding new conditions after the hearing record is closed. Thank you for your time and I look forward to our meeting on the 15th. I believe that all of these issues can be easily resolved and expect a positive outcome. Sincerely, _, ~J~~ ~ ~~~ Shawn L. Nickel, Project Planner Hubble Engineering, Inc. :m \,\~ E N G ~N F V • 9 ~ 20 SURVE% • • ~~~~~~ ~~~~~~~T3~~~~'~~. 9550 Bethel Court o Boise, Idaho 83709 October 15, 1998 City of Meridian Attention: Shari Stiles, Planning Director 200 E. Carlton, Suite 201 Meridian, Idaho 83542 Re: Midvalley Business Park Dear Shari: 208/322-8992 v Fax 208/378-0329 First, let me begin by thanking you and the Planning and Zoning Commission for the positive help and recommendations at Tuesday night's public hearing. I believe that we are on our way to a positive relationship. Something has arisen, however, that could pose a potential problem. On Tuesday I faxed to you a copy of my responses to the specific conditions contained within the City Memorandum dated October 08, 1998. In my letter, I stated agreement with all issues. That night at the public hearing, I confirmed to the Planning and Zoning Commission my agreement to those conditions. The issue that I bring up at this time is that I have misinterpreted one of the conditions. Condition #3 under Annexation and Zoning stated in the third sentence."All uses will be developed under the conditional use permit process as planned deveIopments." I misread that statement by believing that we were currently processing a conditional use permit and planned development as part of the annexation process. Later that night at the public hearing, I believe one of the Commissioners asked you if all of the lots were subject to conditional use permits, at which time you answered yes. At that point I started getting confused, but, due to the excitement and other issues of the hearing, I failed to bring it up during one of my many trips to the podium. It wasn't until the next day at the office that we realized that a problem may exist. At this point, it is not our intention to obtain a new conditional use permit for each of the remaining four lots in the subdivision. We believe that the intent of the Comprehensive Plan for this mixed-use area, as stated in 5.14U, is founded on the fact that the area maintains ahigh-quality visual appearance. This is something. that we strive to achieve, to the point that we believe it can be handled through our development agreement, CC&R's, and through design review. It has been our experience that potential businesses shy away from particular properties in the City of Meridian due to having to go through the conditional use process. Not because of design standards, but because of the possibility of regulated uses. Uses that are principally permitted in the CG zone through the Meridian Zoning Ordinance should be allowed and not regulated through the conditional use process. Obviously, if the use is designated in the Zoning Ordinance as a Conditional Use, the proper application procedures will be followed, but all uses are not appropriate. We would agree to Development Review by the Planning and Zoning Commission (or City Council) for each of the four remaining lots so that landscaping, Iighting, buffering and other design and compatibility issues are discussed, and that the visual appearance concept described in the Comprehensive Plan is met. This review could include a notice to the neighbors in order to get their input. We cannot, however, agree to placing a conditional use restriction on our land that is zoned CG, and eliminate our zoning right to principal permitted uses in that zone. We can only except a conditional use permit limitation on our office site at this time, as we agreed to as part of the original annexation, zoning and preliminary plat process, but not on Lots 2 through 5. Therefore, I respectfully request modification to Condition #3 under Annexation & Zoning deleting the sentence "All uses will be developed under the conditional use permit process as planned developments", and replaced with "All uses principally permitted in the CG zone will be developed as allowed uses, subject to design/development review by the Meridian Planning and Zoning Commission." Shari, I feel bad that this issue was not openly discussed in the public hearing and I hope it can be worked out prior to, and as part of, the next scheduled public hearing on November 10~'. I also need to state that in no way did I intentionally try to mislead you, or the Planning and Zoning Commission by not bringing this issue to light before now. I hope we can sit down and discuss this with the City Attorney as soon as possible in an effort to avoid ruining what I believe to be a good partnership between Hubble Engineering and the City of Meridian. Please contact me as soon as possible so that we may discuss this further. Thanks for your time. Sincerely, Shawn L. Nickel, Project Planner Midvalley Business Park Cc: City Attorney, City of Meridian Meridian Planning and Zoning Commission Meridian City Council ~ V rN~ o O y0 9\SURVE~ 9550 Bethel Court ~ Boise, Idaho 83709 208!322-8992 ~ Fax 208/378-0329 November 10, 1998 Dear Planning and Zoning Commission and City Council; The following is a list of Principal Permitted Uses allowed in the C-G General Retail and Service Commercial zone that we would like to be included in our Development Agreement as uses that are not subject to the Conditional Use Permit process. We would be fiappy to agree to any form of design review, or specific site design requirements as part of our Development Agreement: USES REQUESTED 1. Accounting Services 2. Administrative Services r anti-pcLiTipIIA w.aaar+i~QIZILIC7 5. Bakery Stores 6. Banks or other Financial 7. Clinics (Medical, Dental & Optical) .g_. na., n,.+,,, e + e+ ~Q ~»+.,.+n + n + T a Va , ~~. r+~a1. a4~Laa1alaLCZ , 12!"!.-n L. TAT 13. Hotels 14. Laundries, Commercial 1-~-~r~~el~~eF~ 17. Motels 19. Professional & Sales Offices 20. Publishing & Printing Facilities (small) 21. Restaurants 22. Retail Stores ~_-C~}Rnrb-~ i crvrir+' ,av-~-ir~avr~ ~--sin?-R~ cz ervr riz•~r, vtsiav r~r~ ~~TUCZVrsv 2~ T....,.i. C'+ r~• ~.Lival ULU~ 27. Veterinary Clinics & Hospitals 28. Wholesale Facilities V We agree, through our Development Agreement to meet specific requirements as listed in the Meridian Zoning Ordinance for development in the C-G Zone including: Dimensional Design Standards (i.e. height, setbacks, lot coverage) Parking requirements Landscaping requirements (including open space) Lighting requirements Signage requirements Screening and Buffering of adjacent uses requirements Thank you for your, consideration. Sincerely, Shawn L. Nickel Project Planner ~ ~ EXHIBIT -'B" TO THE DEVELOPMENT AGREEitiIENT BY AND BETWEEN THE CITY OF 1VIERIDIA,N, Il,AgO AND RUBBLE ENGINEERING, INC. 1. DEVELOPER shall develop the property described in Exhibit "A" as a Conditional Use Permit for Lot #1, and as Principal Permitted Uses for the remaining lots. 2. DEVELOPER acknowledges and agrees that only the following listed Principal Permitted Uses shall be allowed on this property without Conditional Use Permit approval, subject to compliance with design standards within the Meridian Zoning Ordinance: -~ 1. Accounting Services; 2. Administrative Services; 3. Bakery Stores; 4. Banks or other Financial; 5. Clinics (Medical, Dental & Optical); 6. Hotels; 7. Laundries, Commercial; 8. Motels; 10. Professional & Sales Offices; 11. Publishing & Printing Facilities (small); 12. Restaurants; 13. Retail Stores; 14. Veterinary Clinics & Hospitals; 15. Wholesale Facilities. 3. DEVELOPER acknowledges and agrees that all other uses not specifically listed above will be required to submit to the CITY an application for Conditional Use pursuant to §11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereof, prior to, .and as a condition of, the commencement of construction of any buildings or improvements on the Subject Property intended for retail or other uses, it being acknowledged that DEVELOPER has submitted an application for a Conditional Use Permit for the development of a professional office building on Lot #l, which application has been approved subject to the execution of the Development A~-eement and the annexation of the Subject Property. 4. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Nteridian Fire Department, Meridian City Engineer, i/Ieridian Planning Director, Ada County Highway District (hereafter "ACRD"), Central District Health Department and the Nampa-Meridian Irrigation District. E~1-IIBIT ~~B ~ November 25, 1998 Nlidvallec Business Park Page 1 of 3 a • MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998 APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT FOR MIDVALLEY BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED P & Z PACKET SEE ATTACHED RECOMMENDATION FROM P&Z L yt61~~ i~11 ~g~ti%,'/ All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission November 10, 1998 Page 23 MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Do you have any discussion now or do you want to make a recommendation? Nelson: I'd like to make a motion that we approve the preliminary plat and send it on to City Council. De Weerd: Second. MacCoy: All in favor of that? MOTION CARRIED: All ayes. ITEM NO. 9: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: De Weerd: I guess I would just like to ask Shari if there are or Bruce are there any changes to your comments before they are submitted along with these Findings? Stiles: Commissioners I don't think changes to my comments would be relevant to the conditional use permit. They may have been to the annexation, but the applicant has met with me regarding some site plan modifications that I don't consider to be significant, but those could go back through you as a site plan review. I don't have any problem with what they have submitted. I don't have any additional comments on the conditional use permit for this lot. De Weerd: Thank you. Smith: Mr. Chairman just as a point of record page 6, item 5E and 5H. Until that access road is built to the light on Eagle Road I don't agree with, those as part of the planning. Because this parcel is not currently served adequately by a central public facilities such as highway streets and it does not have vehicle approaches to the property which shall be so designed as to not create an interference with traffic on surrounding public streets. Just want to reiterate that as part of that access road needs to be built to the light on Eagle Road before those~statements are in fact true. MacCoy: Counsel do you have anything you want to say about that? ~ ~ Meridian Planning 8~ Zoning Commission November 10, 1998 Page 24 Rossman: Was there a particular question that was asked? Smith: I just took exception to item 5E and 5H. Rossman: Yeah you are certainly welcome in your motion to approve them to move to approve them with that particular provision stricken or with any corrections that you would like to make rather than revising the written document and resubmitting it at next month's meeting. Smith: I guess my biggest problem is I hate to see this facility get up and running and then it be a hazard to these people who are working there as well as everybody else who uses Eagle Road and I'm one of them, but #hat's - I mean there's a lot of traffic out there and it's a hazard to get on Eagle Road from Jackson's there. It's not safe unless you are just doing a right turn. De Weerd: Well this is part of a conditional use permit wouldn't you want these to stay in there since they have to assure that these are taken care of? Smith: I guess what I'm getting at is I would like to make sure somehow that that access. road is developed before this parcel is developed. Rossman: You can always add a condition too if that is what you want to include in your motion. MacCoy: That would be the way to do it. Put it in that direction. Smith: Well if I don't have any exception from anybody else t would be willing to put something into a motion to that affect. Nelson: Would it be possible to limit rather the construction of the project but it's occupancy? Smith: That would be appropriate I think. There's no reason to not permit. (Inaudible) Smith: Yeah, they are going to have construction crews and things going in there working on it, but I think we could - I could see my way through to that. Borup: Commissioner Smith is your concern on the subdivision as a whole or the particular office building? Meridian Planning 8~ Zoning Commission November 10, 1998 Page 25 Smith: Well both. Borup: I mean the four lots or three lots. Smith: Any additional development in that area I think warrants having proper access to Eagle Road prior to occupancy. Borup: Do we have any type of time table of when that light maybe in? Smith: Well that's the big question is when is that thing going to go in? There was a statement made under I think the annexation and zoning item that Shari said there wouldn't be any probably any more future development out there allowed until there was proper access to Eagle Road and I asked who that was the City or ACRD and she said the city. I would hope that the City Council would see their way clear to make the right decision in the best interests of the public safety. Borup: Well at this point we don't even know what type of traffic to count the proposed building would generate. Smith: Well I don't have the site plan in front of me, but there was a parking lot there that seemed to accommodate quite a number of vehicles. Nelson: That was the only real concern that the people living there now begs us for - Borup: And I would certainly agree on any - I don't know are we talking about restricting them even doing their office building? I guess that's where my concern is. I don't have any concern about any future development on the other lots. But you know they are looking at moving their specific business here. Smith: And I think they should have safe access on Eagle Road. Borup: Yes. Smith: Well I mean I want to see them go and get going, but I have a safety concern and I can't in good conscience keep approving developments when we don't have proper highways to service them. MacCoy: Can you put that into a motion? Smith: I could. Commissioner Borup seems to have a concern and - Rossman: The problem I see Commissioner Smith, I mean it's not a problem but with the ordinance the Planning and Zoning Ordinance as it reads presently for the City of ~ ~ Meridian Planning & Zoning Commission November 10, 1998 Page 26 Meridian this is the only public hearing that we'll be having on this particular application. City Council will not have its own public hearing. They will make a final determination based solely upon the record before this Commission and so if there are any unanswered questions or there is any further ambiguity it maybe necessary or appropriate to have the applicant provide further testimony or to take additional evidence or to do further fact finding, perhaps the better approach would be to continue this to the next date, next month, and reopen the public hearing and take that testmmony before send this on to City Council. Shari? Stiles: As this is part of an annexation they do have another conditional use permit public hearing at City Council. Rossman: That's correct. It is a contingent with an annexation request and so there will be a public hearing on that. Smith: Well and even if they didn't, they acted on our Findings on the Dakota development with taking out Commissioner De Weerd's request for additional landscaping in the parking lot. If we added a request for access road be put in prior to the development they could take that out too if they wanted to. Rossman: That's exactly the problem. That's exactly the reason I just raised that is the Dakota application so that we can avoid that and that we can have - a problem arose after one was closed. The public hearing was closed and that condition was put in the motion and the City Council gets screaming from the developer that he wasn't allowed the opportunity to address that particular issue whether he was in fact was or wasn't allowed that opportunity. The best approach if there is any question to leave the public hearing open or reopen the public hearing and make sure all the testimony gets in before it's sent on those issues, but Shari is correct. On this particular application there is going to be another public hearing because there's annexation involved and so that problem will not arise in this particular case. Smith: I would be comfortable with making a motion to add that as part of the requirements as part of the Findings. of Fact given the fact that the applicant will have further opportunity to testify before City Council and the City Council can basically do with these Findings what they want to anyway so it's a recommendation by us. Rossman: That's correct. All we're doing here is making a recommendation to City Council. City Council issues the final decision on all conditional use permits, annexations and subdivisions. Smith: I'd be ready to make a motion if Commissioner Borup doesn't have - I mean I'm not positive I understand your concern. Meridian Planning 8~ Zoning Commission November 10, 1998 Page 27 Borup: If the light is going to be five years before it's in. Smith: Well the light is in. It's the road we're waiting for. Borup: The road I mean. And the City Council has an opportunity to hear from ACRD by that time I am assuming. Smith: Right. Borup: If we wanted to back track I think we could even do that tonight. But let's move on. Smith: Mr. Chairman, I'd like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law with the amendment that the access road to the signal light on Eagle Road be in place prior to occupancy of this development. Nelson: Second. ROLL CALL VOTE: Borup, aye. Smith, aye. De Weerd, aye. Nelson, aye. MOTION CARRIED: All ayes. MacCoy: Decision and recommendation? Smith: Mr. Chairman, I would like to make a motion the Meridian Planning and Zoning Commission hereby recommends to the City- Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as amended as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and as amended and any other conditions required by the Meridian City Council. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: I would just like to comment at this point now that you've gone this route Commissioner Smith and Commissioner Borup. I appreciate your discussion in this fact and the fact that you did make the motion the way you did because one of the things that I'm working very hard with our attorneys and with our Council is that when they get Meridian Planning 8~ Zoning Commission November 10, 1998 Page 28 to a point where they have a question or so on that they ask us and if they can't get it resolved they send it back to us and not just a scrub and go on and do what they like with it so I think this commission has done all the homework and has the best knowledge of the project. Borup: But I don't know that we did all the homework on this one. MacCoy: Well you've got a lot more than the Council does I'll tell you when they get through with it. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE - 800 W. OVERLAND ROAD: MacCoy: Commissioners what do you have? Nelson: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Smith: Second. ROLL CALL VOTE: Borup, aye. Smith, aye. De Weerd, aye. Nelson, aye. MOTION CARRIED: All aye. Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.84 ACRES BY PAUL HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) - SOUTHWEST CORNER OF MERIDIAN ROAD AND USTICK: MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: RUBBLE ENGINEERING AGENDA ITEM NUMBER: 9 REQUEST: CONDITIONAL USE PERMIT FOR MIDVALLEY BUSINESS PARK SUB. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED FINDINGS ~~~~ ~ ~ ~„~ ~~a a~ G~~r All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 79 MacCoy: To the public, is there any -well the first place want to come forward and make your statement? Nickel: I hate to sound like I'm whining up here but getting back to that last item, item 15, we're under major time constraints because of the acquisition of this property to get this moving. Another month could affect our acquiring this property. Is there any way we could somehow have an approval of this and by the month when you come back with your findings, we will have the ACRD report at that time, make it contingent upon accepting that report as part of the record? It is a favorable report because I have seen it because I was at the meeting. I just feel that another month that will push us back two months and we're really getting to a time - I don't know if we can do that or not. Borup: Mr. Chairman, Mr. Nickels are you proposing that we approve a preliminary plat before we've annexed the property? MacCoy: That's what we're stuck with. Borup: That's essentially what you're asking. Nickel: I believe you've already recommended approval and you're going to bring the findings back next month. Borup: And we can approve the plat without any additional hearing or findings. MacCoy: You're in good shape. Nickel: That's fine. I appreciate that. Thank you, never mind. Smith: Let it go on to the City Council until we approve the Findings and then it all goes on at the same time. Nickel: But there is an application for a conditional use permit that if tabled and continued to the next hearing will require another month for Findings on that. Borup: So it's this next item could affect you. ITEM NO. 16: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD. MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 80 Nickel: Let me beg on this next item then if I may. Number 16 I would submit my previous comments from 14 and 15 with the request that number 16 be approved tonight or recommended for approval to the Council. MacCoy: Okay we hear you. Anything else? Any questions for Mr. Nickel? Public hearing. Anybody else want to get back up here? Rich you want to come back up? No? Anybody else want to come back up here? All right. We're going to the - (Inaudible) Rossman: Well once again before you close the public hearing, if you're anticipating waiting for the ACRD report as Will said earlier, you need to decide whether you want to close the public hearing and table the matter or approve it or continue the public hearing or what. Before you close the public hearing that's the decision you should anticipate. Borup: My concern on the ACHD is for the plat and the roads, not necessarily for the building. I mean we may be stuck with a building there with no roads to get to it, but - MacCoy: I agree with you. I think you're right. Borup: But that would be the applicant's problem. MacCoy: You're all heart Keith. Smith: And the lady who spoke earlier about who lives on Magic View, her problem. Borup: Well but they're not going to build a building without the plat. That's not going to happen. In that sense what we're doing on the conditional use is the building itself. If the plat doesn't happen, then whether we approve the conditional use or not that's a moot point. Smith: Okay. Borup: So I guess I'm saying I feel comfortable with - De Weerd: Then make a motion. Borup: I move that the city attorney prepares Findings of Fact - no, let's close the public hearing first. MacCoy: Can I do that first? I'm trying to get discussion finished here among you people. MERIDIAN PLAN(~G AND ZONING COMMISSION M~T'ING OCTOBER 13, 1998 PAGE 81 Borup: I move we close the public hearing. Smith: Second. MacCoy: Thank you very much. All in favor. MOTION CARRIED: All ayes. MacCoy: Boy, the hour is really getting late. De Weerd: You don't have to vote on that. MacCoy: All right, now come on. Borup: I forgot what I was saying. I was saying along the lines - I move that we request the city attorney to prepare Findings of Fact and Conclusions of Law on the conditional use permit for approval of this project. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Mr. Nickels you're home free if you can produce that ACHD form for us. Thanks Rich for your service. Thank you lady. ITEM NO. 17: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKE AT CHERRY LANE NO. 8 BY STEINER DEVELOPMENT -PORTION OF ~NW % SEC. 3, T. 3 N., R. 1 W.: MacCoy: Before I move this thing on staff any comment on number 17 before we move into the public hearing? Hello staff. Freckleton: Mr. Chairman, members of the commission the staff has prepared comments for this application. It's been very straight forward on this project. The applicant has responded back. I did not see anything that they had a problem with. This project will connect the Lake of Cherry Lane Subdivision with Ashford Greens Subdivision. The southwesterly portion of this project the extension of W. Harbor Point Drive will border the new clubhouse for the golf course so it will be nice to get this project all tied through and completed. We do have an existing sewer main traverses down Harbor Point Drive at this point in time. The sewer also goes up Wide Oak Way and W. Teeter Street so there will be no additional sewer mains extended. There will be sewer service lines to each lot. New water mains will be installed. The pressurized irrigation system will connect BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF RUBBLE ENGINEERING, 621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD, FOR A CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL ~EcE~D N O Y 0 6 1998 CITY OF ~'IE~II3 The above entitled conditional use permit application having come on for public hearing on October 13, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 13, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - RUBBLE ENGINEERING IN A C-G • been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the October 13, 1998, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is 621 Allen Street, North of I-84 and West of Eagle Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The Applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission 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, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (C-G), General Retail and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - HUBBLE ENGINEERING IN A C-G • Commercial. The zoning of the General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-4086(11). 7. The proposed application requests a conditional use permit for Lot 1 of the subject property for the development of a 24,560 square foot building, equipment storage yard/garage with associated security fencing, landscaping and parking. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409). 8. The Applicant testified at the public hearing that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The Applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated October 8, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Meridian City Police Department, Meridian Fire Department, Meridian Water Department, Central District Health Department, and the Nampa & Meridian Irrigation District, submitted comments which are also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - HUBBLE ENGINEERING IN A C-G L_J 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be operated and maintained to be harmonious and appropriate in appearance or attended character within the general vicinity and that such use will not change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be adequately served by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - HUBBLE ENGINEERING IN A C-G L` CONCLUSIONS OF LAW • 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to requisite hearing and notice provisions, provide for the process of special and/or conditional use permits for a proposed use which is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To develop, occupy and use real property which is designated and zoned as General Retail and Service Commercial (C-G) within the City of Meridian for an office building, equipment storage, associated security fencing, landscaping and parking requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, Section 11-2-409. 5. The Commission has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - RUBBLE ENGINEERING IN A C-G • circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a General Retail and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - HUBBLE ENGINEERING IN A C-G • • Commercial (C-G) District, one {1) public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2-418F, City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - RUBBLE ENGINEERING IN A C-G • • this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated October 8, 1998, be complied with. b. All comments and conditions set forth by the Meridian City Police Department, Meridian Fire Department, Meridian Water Department, Central District Health Department, and the Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - RUBBLE ENGINEERING IN A C-G • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER DEWEERD COMMISSIONER NELSON VOTED -- ~ VOTED _~~~~_ VOTED VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED ~~ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. r MOTION: APPROVED: ~ DISAPPROVED: `-' 110698-Final ~ti, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - HUBBLE ENGINEERING IN A C-G • APPROVAL .OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~~day of ~~C~~~2-` , 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL) ---.,~ APPROVED REcErvED DEC 1 5 1998 CITY OF MERIDIAN VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - • • MERIDIAN PLANNING AND ZONING MEETING: October 13 1998 APPLICANT: RUBBLE ENGINEERING REM NUMBER: 16 REQUEST: CONDITIONAL USE PERMIT FOR 24 560 SQUARE FOOT OFFICE BUILDING EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE ASSOCIATED LANDSCAPING AND PARKING AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS 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: ;( G IDAHO POWER: G~ 1 US WEST: ~ . I INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~~~~~-. Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live Council Members CITY OF MERIDIAN LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 t2os) 8s~-22I - RON ANDERSON Phone (208) 888-4433 • Fax (208) 88'7~~3, ~F Iv~DPLANNING AND ZONING .i,J DEPARTMENT KEITH BIRD S E P 1 ~ 1998 (208) 884-5533 t:'I'I`Y 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 ___ TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 13. 1998 REQUEST: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING & PARKING (for proposed Midvalley Business Park Sub) BY: RUBBLE ENGINEERING,INC. LOCATION OF PROPERTY OR PROJECT: 621 Allen Street, north of I-84, west of Eagle RoadRoad TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & FINAL YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY a Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , , Council Members CITY OF MERIDIAN PUBLIC8W0 KS 33 EAST IDAHO ~ BUILDING DEPARTMENT CHARLES ROUNTREE (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 T~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4$,l~CET~~ 1 iLANNING AND ZONING KEITH BIRD 141V ~ ~ -~J.LJ DEPARTMENT 1n~Q (208) 884-5533 SEP11 JO 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 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE:_September 8, 1998 HEARING DATE: October 13, 1998 REQUEST: CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING 8~ PARKING (for proposed Midvalley Business Park Sub) 8Y: RUBBLE ENGINEERING,INC. LOCATION OF PROPERTY OR PROJECT: 621 Allen Street, north of I-84, west of Eagle Road TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT 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 YOUR CONCISE REMARKS: / LC.. ~°' ~ 6 L' o iJ ~ S u.~ ~ L L ~l ,sz~ ~+rL CITY PLANNER /Y! _, ~;f~. ~i.•e- ~` cT/J ~R.~~a Qy~r- So~o~• CITY FILES l ~ ~ ~ Z~~3~~ t Mayor ROBERT D. CORRIE ('o n it Mem rs CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 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 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 13. 1998 REQUEST: CONDITIONAL USE PERMIT FOR 24 560 SQUARE FOOT OFFICE BUILDING EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE ASSOCIATED LANDSCAPING & PARKING (for proposed Midvallev Business Park Sub) BY: RUBBLE ENGINEERING INC. LOCATION OF PROPERTY OR PROJECT: 621 Allen Street, north of I-84, west of Eagle Road TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ~YLWATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL~TION(PRELIM & FINAL K~(°. ~(i ~+~ YOUR CONCISE REMARKS: S~P ~ 9 ~~~~ ilrf~ritiian C` ft~ Water Superintendent MERIDIAN • • MERIDIAN WATER DEPT. MERIDIAN 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 FAX: 884-1159 September 11, 1998 During Pik-deuaand-in-this-area-the Ere-flows_and.,,pressur~-are~~ctremeru~ . to connect a new water source to this closed system prior to any more developme tin thisearea.ciTy needs Chip Hudson Asst. Superintendent. Meridian-latex. fit.. •~ CENTRAL CEN~I I`ZAL DISTRICT HEALTH DEPARTIhENT •• DISTRICT Environmental Health Division , ~~~~."~r~E~ Return to: ~R H SALT H ~' ~ L ^ Boise ~ SEP 1 6 1998 DEPARTMENT ^ Eagle i~T~~~.~ ^ Garden City Rezone # ~•Meridian Conditional Use # ~ ~/ S~~ f/" a ,~ ~; `c ~ ~'~~~"~ ti ' ~;~~~+~'y~~~ ~~^`>~ ~-~" ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4, We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ~" 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: l~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 / ~ / ~G ~] 14. ~7'v,r2r! r~,t~-r-rz /1?~/--G-C~~~v'i Vet c:a~r~'t Fi~D,~rio,JS ,42~: Date: ~ / 7' / O ~-~-c~ ~~ , Reviewed By: I S `/ FCC ~X~~S 7N .fGtnP7 G ~~,,~~...yyS~~ f Z ~ ~ rrrf~~~''t~~~` 4~ /SIC R D USAAc d L Scr2/lit=~D /nl ~T/, ~;: .s"v3Svae ~~a-~/ Sc W ~/G-cC D/Sdosu ~- ~t ll~Lr9-i /vr~S , Review Sheet (DHD 10191 rcb, rev. 7191 CENTRAL ~ • • ~" D15'~'RICT ~11"HEALTH DEPARTMENT MAIN OFFICE • 101 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 Tu prevent acrd treat disease and disability; to promote Irealtky lifestyles; and to protect and promote t/re heattlr and gruttity of orrr environnrerrt. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) stormwater Best Management Practices Guidebook. Prepared by Ciry Of Boise Public Works Department, January 1997. stormwater 3/98:d1y Serving valley, Elmore, Boise, and Ada Counties Ada /Boise County Office Ada-WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home. ID 83647 P.O. Box 1448 Ern,iro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Fomily Planning: 327-7400 FAX: 334-33552P Famlly Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 `rllC, 327-7488 ® FAX:327.350C t • RECE~D SEP 2 1 1998 CITY OF MERIDIAN '~a~tt~ia 8t ~tFfiiel[ust ~I~vctgutloct ~ld~tict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 14 September 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit/Annexation and Zoning for Midvalley Business Park Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting although the District has no comment on the annexation and zoning for this project. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Blll enson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - O,~zce Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS - 40,000 • '1?cu~a & '~le~ud~a~ ~Innigattiso~ Di~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 15 September 1998 Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 FAX # 208-463-0092 ~ t f ~~.~1 ,~ Phones: Area Code 208 `" OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Land Use Change Application for Midvalley Center Subdivision Dear Hubble Engineering: 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. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Imgation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sin/,~)erely, ~ ~~ ~ll~~ Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Randy L. & Linnea R. Worden City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • ** TX STATUS REPORT ** RS OF OCT 08 '98 17 23 PAGE.01 PUBLIC WORKS DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 28 10108 17 22 1 208 378 0329 EC--S 01'32" 005 057 OK HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE rTmv n~ ~/IERIDIAN Post-It• Fax Note 7671 Data /Q ~ pe9es- S To w ^ From C0./Depf. U0. Phone M Phone M Fax M Fax K IDAHO )AHO 83642 • Fax (208) 887-4813 LECAL DEPARTMENT (2oR)884-4360 PUBLIC WURKS BUILDfNG DEPARTMENT (20Y)NR7-?31l PLANNING ANU'LUNING DEPARTMENT (20$1884-3511 MEMORANDUM: October 8, 1998 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City E er ~~~ Shari Stiles, P&Z Administrator C+ Re: Request for Annexation and Zoning to C-G of 5.40 Acres with a Preliminary Plat and Conditional Use Permit fora 24,560 s.f. Office Building, Equipment Yard and Garage by Hubble Engineering, Inc. We have reviewed this submittal and offer the tollowing comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION ZONING This application is for a parcel of land at the southwest corner of the intersection of E. Magic View Drive and S. Allen Street, west of the newly constn,cted Jackson's Food Store. The legal description for the annexation needs to be a metes and bounds description tied to governmettt corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the Ciry of Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158, The new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 3. A development agreement is required as a condition of annexation. The applicant has submitted a proposed development agreemem; legal counsel needs to review the document prior to approval by the City Council. All uses will be developed under the conditional use permit process as planned developments. Respond in writing, to the each of the comments contained in this memorandum by 5:00 p.m, of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to nt;awfteys~n~sa rr Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-221 l MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 October 8, 1998 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En i er ~~-~'~ Shan Stiles, P&Z Admtntstrator '~ Re: Request for Annexation and Zoning to C-G of 5.40 Acres with a Preliminary Plat and Conditional Use Permit fora 24,560 s.f. Office Building, Equipment Yard and Garage by Hubble Engineering, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING This application is for a parcel of land at the southwest corner of the intersection of E. Magic View Drive and S. Allen Street, west of the newly constructed Jackson's Food Store. 2. The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 3. A development agreement is required as a condition of annexation. The applicant has submitted a proposed development agreement; legal counsel needs to review the document prior to approval by the City Council. All uses will be developed under the conditional use permit process as planned developments. 4. Respond in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to MidvalleyBusiness.PP Plannin & Zoning Co'ifimission/Mayor & Council • g October 8, 1998 Page 2 the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELINIlNARY PLAT 1. Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 2. Water service to this site will be via extension of the existing main in Magic View Drive. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the roads are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of--way. 4. Although there is not a minimum frontage requirement for lots in the C-G zone, flag lots do require a minimum frontage of 30 feet. The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30 feet. 5. Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 6. Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded as Instrument No. ,records of Ada County, Idaho. 7. The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 8. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-60b.B. 9. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written Midva lleyBusiness. PP Plannin & Zonin Co~imission/Ma or & Council • g g y October 8, 1998 Page 3 confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10. 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. 11. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 12. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 13. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 14. Please indicate the existing land use and zoning of all adjacent properties. 15. Please show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. CONDITIONAL USE Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2. 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. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91} for all MidvallryBusiness. PP Plannin & Zonin C~mission/Ma or & Council g g Y October 8, 1998 Page 4 off-street parking areas. All site drainage shall be contained and disposed of on- site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2- 414.D.3. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 6. All lots within this subdivision will require a conditional use permit in accordance with the Meridian Comprehensive Plan. 7. Provide five-foot-wide sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 10. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. Revise plant schedule to indicate 3" caliper minimum. 11. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 12. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. MidvallryBusiness. PP Plannin & Zonin Commission/Ma or & Council • g g Y October 8, 1998 Page 5 13. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 14. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. MidvallryBusiness. PP • • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF NUBBLE ENGINEERING, 621 ALLEN ) STREET, NORTH OF I-84 AND WEST OF ) EAGLE ROAD, FOR A CONDITIONAL USE ) PERMIT FOR 24,560 SQUARE FOOT OFFICE) BUILDING, EQUIPMENT YARD AND ) GARAGE WITH SECURITY FENCE, ) ASSOCIATED LANDSCAPING AND ) PARKING, MERIDIAN, IDAHO ) INTRODUCTION RECOMMENDATION TO CITY COUNCIL The property is approximately 2.26 acres in size. The property is located at 621 Allen Street, north of I-84 and west of Eagle Road, Meridian, Idaho. 2. Owners of record of the subject property are Randy and Linnea Worden of 621 Allen Street, Meridian, Idaho. 3. The Applicant is Hubble Engineering, Inc. of 9550 Bethel Court, Boise, Idaho. 4. The subject property is currently zoned (C-G), General Retail and Service Commercial. The zoning of the General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-4086(11). 5. The proposed application requests a conditional use permit for Lot 1 of the subject property for the development of a 24,560 square foot building, equipment storage yard/garage with associated security fencing, landscaping and parking. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires that RECOMMENDATION TO CITY COUNCIL -Page 1 CONDITIONAL UE PERMIT -RUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) • a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409). 6. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 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. 1.2 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. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 1.4 All lots within this subdivision shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL -Page 2 CONDITIONAL UE PERMIT -RUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1.7 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 1.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 1.9 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 1.10 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.8. 1.11 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 1.12 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.13 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. RECOMMENDATION TO CITY COUNCIL -Page 3 CONDITIONAL UE PERMIT -RUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) • '~ 1.14 Provide that the access road to the signal light on Eagle Road must be in place prior to occupancy of the development. Adopt the Meridian City Fire Department's Recommendation as follows: 1.15 Requires that all fire codes be met. Since the shop is over 500 feet there will need to be one additional fire hydrant. Adopt the Meridian City Water Department's Recommendation as follows: 1.16 The City needs to connect a new water source to this closed system prior to any more development in this area. Adopt the Central District Health Department's Recommendations as follows: 1.17 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.18 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 1.19 Run-off is not to create a mosquito breeding problem. 1.20 Stormwater must be pretreated through a grassy swale prior to the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.21 The existing septic system must be properly abandoned pursuant to the Subsurface Sewage Disposal Regulations. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.22 Requires all laterals and wasteways be protected. 1.23 All municipal surface drainage must be retained on site. 1.24 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.25 The developer must comply with Idaho Code 31-3805. RECOMMENDATION TO CITY COUNCIL -Page 4 CONDITIONAL UE PERMIT -NUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) U\`~ ENG-pF~~N BBL~ENGINEERING INC. HU • 9550 W. Bethel Court Boise, Idaho 83709-0569 ~< ~, SURV~~ TRANSMITTAL LETTER FOR: DELIVERIES -PICK UPS To: l/lPr' ~i1A~+ Attn Sh ~ ~ ~ DATE ~~ Job No: (208) 322-8992 Fax (208) 378-0329 Project: m ~~°UACt eH ~d S~ ~-PS S ~A/IC WE ARE SENDING YOU: WE ARE PICKING UP(*See remarks) As Requested Attached -Under Seperate Cover, Via Use Information Record Review and Comment Bidding -Cost Estimating Approval THE FOLLOWING: Print(s) Specifications Plan(s) - Shop Drawing(s) Sample(s) -Copy of Letter Disk(s) ("See Disclaimer below) Copies Date Sheet No. Description (,(J /~r~PS 4 r /a 0 •~02 V ~ L Ewe l~,~rs r ~ ~G/L ~. Ci ~ GCtn lC CP ~ ii? (A ~/ / o ~Se~( / ~(/ o ~'hP~7' ~ /'4t~nP~~ REMARKS: pY S~ ~,-~ C• N• ~ ke L Co To: _ With Encl. By' A ~7~+~4~~% With Encl. Signed: -~,i,~l~v~. DISK DISCLAIMER:(PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PRECISION, OR LACK OF PRECISION, THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PROJECT. RUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA. FOR RUBBLE USE ONLY: TOTAL TOTAL TIME REEF / D BY: I ~ MILES: TIME: DELIVERED: 2 2 9 4 5 DELIVERY COPY • ~, ~_ ~~ S ~~ `3 ~ Z p 2 ~ ~ n~ yy QQ ~~ '~ ~ B ~ ~ 6 ~ ~ ~b~ F os~~~~~~~~ ~.~Z S 8; W "'' ~I ~ X11 •~a~ I N 5 ZW os II Ir~~l a°~~ Q ~ U W 06 Y • taus r+~nr Q. - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - Q a w ~~ ~ ~ ~ j t fN ~ m ~ ~ a W J J Q J i ~ ©° ~ ~ d S i ~ m m i i ~~~ i O I u PmN ~ I V V 6 ~ w ~ [b X j`W o O IA~J1 WwU r ~..~ W ~ O f,,,, 9 °n 9 ~ ~J~L __ .7 ~"` ~~ f ` ~C4~ ~~~ ~ ~~ ~\ ~~~; ~ ! ~~ F 77 a ~ ~ ~ ~ I I I ~ ~ i ~ ~ I I I e P ~~ ~~ _ ~~~Z sg~ ~` a e ~ yF gi ~a~ ~~ ~d ao os _w °~ n 5 ~ Y ~ 13315 N3Y1V _ _ QI _ _ _ _ _ ~ _ e - _ _ _ - _ _ _ _ - _ - _ - _ - _ - _ _ _ _ Q ~ Q. w ~~~ 1 t Z `~ o a m ~ ~ w J J Q ~ ~ ~ i ~ © d ~S I ~~a ~g i ~ m O I ~ r ~ Ci ~ ~Z ~~ 6 t7 II o ~ ~ ~ ~ O ~~ ~~~ ~ ~~ w „~, a 9 u J~L ~--~ ~ ~ ~~~~~~~~ ~~ ~~ ~. ~~ O n~ ~ a ~;~ ~ ~~~~ ~ y- ~~~~e e e~~ R ~ pQyx ~~~~~ i S ~ .J H J N ., ~~ ~~'~~~ ~ CE ~ RE ~D W ~" 5 ~l ~ ~~ CITY OF MERIDIAN ~ 1~ nn~~~~ D ai ~ 8` ~ ~ ~~ ~~~ ~ FOR RECORDING USE ONLY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MIDVALLEY BUSINESS CENTER SUBDIVISION KNOW TO ALL MEN BY THESE PRESENTS: The undersigned Midvalley Business Center Subdivision (hereinafter referred to as "Declarant" or Grantor"), being the owner of that real property located in Ada County, Idaho and legally described on Exhibit "A" attached hereto hereby adopts the following Declaration of Covenants, Conditions and Restrictions which shall apply to and run with that property described on Exhibit "A". (Said property is referred to herein as "Midvalley Business Center Subdivision" or simply "Subdivision" or "Property" and is depicted in that copy of the plat of the property attached hereto as Exhibit B.) The Covenants, 'Conditions and Restrictions are as follows: ARTICLE I Covenants Running With The Land 1.1 .Covenants Conditions and Restrictions Definitions: This Declaration (including the Design Standards attached as Appendix 1) hereby establishes and sets forth for the mutual benefit of Declarant and future owners of the property or any Lot therein, protective provisions, covenants, conditions, restrictions, agreements, charges, liens and other matters herein set forth (collectively referred to herein as the "Restrictions" or CCR's"), which are binding upon the Property. These are expressly and exclusively for the use and benefit of the Property and of each Lot and of each and every person or entity who now or in the future is an owner of the property or any Lot therein. 1.2 Runs with Land: These Restrictions shall run with the land (described in Exhibit A and depicted in that copy of the plat attached hereto as Exhibit. B). Nothing herein shall be construed to taus ~~ this Declaration to apply to or bind any other DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -1 MIDVALLEY BUSINESS CENTER SUBDIVISION .~ • property of Declarant not specifically described in Exhibit "A". However, these Restrictions are intended to benefit other property of Declarant in proximity to the subject property, but which other property may not be bound by these Restrictions. 1.3 Definitions: the following definitions apply hereto: 1.3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 1.3.2 Midvallev Business Center Subdivision shall mean the Property described on Exhibit A. 1.3.3 "Assessments" shall mean those payments required of Owners and Association Members. 1.3.4 "Association" shall mean Midvalley Business Center Subdivision, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.3.5 "Board" shall mean the. Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized representatives. 1.3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat. upon.. which Improvements may be constructed. The term "Building Lot" shall not include the Common Area. 1.3.7 "Bylaws" shall mean the Bylaws of the Midvalley Business Center Subdivision Association, which Bylaws are attached hereto and incorporated herein by reference as Exhibit C. 1.3.8 "Common Area" shall mean any or all parcels of Midvalley Business Center Subdivision that are designated on the Plat as private streets or drives, common open space, common areas and common landscaped areas, including but not limited to the following parcels which Declarant shall deed to the Association and which shall be owned and maintained by the Association: 1.3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. ~, 1•.3.10 "Grantor" shall -mean Midvalley Business Center Subdivision and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by Grantor. Grantor may be referred DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 MIDVALLEY BUSINESS CENTER SUBDIVISION r~ u n ~~ to as "Declarant' or "Developer' and includes any assignee or successor of Grantor. 1.3.11 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 1.3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to ten percent [10%] of the cost plus interest) incurred by the .Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 14.1.1 below.) 1.3.13 "Member" shall mean each owner, person or entity holding a membership in the Association. 1.3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and_ sellers__under executory title. retaining contracts of sale, but excluding those having an interest merely as security for the performance of an obligation. 1.3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 1..3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 1.3.17 "Pro a "shall mean those portions of the Property described herein including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property, 3.18 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the landscaping (as set out herein), Common Areas and all Improvements located 'thereon, and the other costs of the Association which is to be levied against the Property of and paid by each Owner to the Association, pursuant to the terms hereof or the terms of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 MIDVALLEY BUSINESS CENTER SUBDIVISION 1.3.19 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and- .replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Association, pursuant to the provisions of this Declaration. ARTICLE II Equitable Servitudes 2.1 Common Plan: Preservation of Vauue• Declarant intends to subdivide and sell and/or lease the Property for various ofFice, business, commercial and/or industrial uses and desires to subject the Property to these Restrictions. in order to implement a uniform, general and common plan designed to preserve the value and high quality of the property for the benefit of the Declarant and other owners of the Property. 2.2 Appropriate Development: The Property is subjected to these Restrictions to insure appropriate development, improvement and maintenance of each Lot; to protect the Declarant and Owners of Lots against improper use which could depreciate the value of their Lot; to preserve the natural beauty of the Property after development in accordance with those Restrictions; to provide a means of preventing the erection of improperly designed or constructed structures; and, in general, to provide for a high quality of improvement on the Property, and thereby to enhance the value of investments made by Declarant, or Owners of Lots upon the property or of adjoining property owned by Declarant. ARTICLE III Incorporation of Additional Areas Declarant shall have the right, at its sole discretion, to designate additional lands to be made subject to the provisions hereof or to provisions substantially similar hereto by the due recording of a designation referring to this Declaration and by the setting forth therein in what respects, if any, the Restrictions covering the additional designated lands differ from these Restrictions. ARTICLE IV The Property subject To This Declaration ~' 4.1 Transfers Subject to these Restrictions: The Property and each Lot and all or any part of the property shall be held and shall be conveyed, transferreG, sold hypothecated, encumbered, leased, rented and used DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 MIDVALLEY BUSINESS CENTER SUBDIVISION subject to these Restrictions. Any documents executed in connection with any type transaction described herein or any similar transaction should include reference fo this Declaration. Any such transaction shall hereinafter be referred to as a "transfer". 4.2 Acceptance of Restrictions: The acceptance by any person of a deed; lease or other instrument of transfer of property which is subject to these Restrictions (all property legally described on Exhibit A) or which is in the chain of title, including judicial foreclosures, trustees' sales and tax sales shall be deemed an acceptance of all of such Restrictions. The burden and obligation to perform in accordance with the Restrictions shall be part of the consideration for the transfer of any Lot pursuant to such Deed or other instrument of transfer and shall be deemed an agreement by such person that Declarant and each of the other Lot Owners shall be entitled to enforce all of such Restrictions. ARTICLE V Architectural Committee 5.1 Declarant hereby establishes an architectural committee (Committee"), to perform the architectural approval duties specified in these Restrictions. The original architectural committee shall be initially composed of the following individuals: 1. 2. 3. 4. 5. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 MIDVALLEY BUSINESS CENTER SUBDIVISION A retiring committee person may be replaced by a majority vote of the remaining committee persons. Any two of the above individuals shall constitute a quorum and the signature of approval of any two of these individuals shall constitute consent and approval by the architectural committee. The address of said architectural committee shall be: ~, At such time as Grantor (or Grantors, successors or related parties) no longer owns any portion of the property described on Exhibit "A" and does not own any adjoining property then the Board of Midvalley Business Center Subdivision shall be the new architectural committee or may • ! designate a new architectural control committee. Designation of the new committee and its address shall be recorded in Ada County referencing these CC&R's. Any member of the Committee. _ (except Declarant and those named above) may be removed by a vote or written assent of the holders of fifty-one (51 %) percent of the votes in the Association. No Architectural Committee member shall be personally liable in any way for any action or any inaction taken or not taken pursuant to these Covenants, Conditions and Restrictions. ARTICLE VI Plans: Approvals 6.1 Design Standards: All improvements and landscaping of any kind shall conform to those Midvalley Business Center Subdivision Design Standards" (the Design Standards) attached hereto as Appendix 1 and which are incorporated herein as if set forth in full. 6.2 Approval by Architectural Control Committee No structure, improvement or landscaping shall be constructed, nor alteration to the exterior of a structure or improvements of landscaping be made (hereinafter collectively referred to as the "Improvements" or the "Construction") unless preliminary and final architectural drawings, plans and specifications therefor, showing adequately for interpretative purposes each exterior element thereof, including without limitation by enumeration color scheme, design, elevations, location(s) on Lot, plans for grading and drainage, excavation, landscaping, signage, parking, loading, storage and refuse area, walls, lighting, irrigation, utilities and other items of site development work (hereinafter collectively referred to as the "Plans') both preliminary and final, shall first have been submitted to and approved in writing by the Committee. The Plans shall also detail to the satisfaction of the Committee the traffic, noise- and odors that can reasonably be anticipated from the Improvements to be constructed. 6.3 Basis of Approval: Approval shall be based among other things on adequacy of site dimensions; conformity and harmony of external design with neighboring structures and uses; effect of location and use of improvements on neighboring sites, operations, improvements and uses as well as compatibility with surrounding development and conformance with the adopted design standards. 6.4 Preliminary Plans Submittal: .Prior to submission to governmental authorities, the Owner shall submit three sets of preliminary Plans, in such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 MIDVALLEY BUSINESS CENTER SUBDIVISION form as may reasonably be required by the Committee for approval. As quickly as possible but within thirty (30) days after receipt, the. Committee shall either (i) approve the Plans or (ii) reject the Plans, stating the reason for the rejection and where appropriate, the changes, modifications and/or correction which the Committee demands, as a condition for approval. 6.5 Final Plans Submittal: Following approval of the preliminary Plans, the Owner shall cause final Plans to be prepared and shall submit them to the Committee for approval. The final Plans shall be defined as all documents required to be submitted to the relevant governmental authorities precedent to the issuance of a valid building permit. 6.6 Action in thirty (30) Days: In the event the- Committee fails to approve or disapprove the Plans within thirty (30) days after receipt thereof, such approval will not be required so long as the plans are in conformance with the Design Standards. 6.7 Disapproval: The Committee may disapprove any and all Plans submitted on any reasonable ground including but not limited to any of the following: (a) failure to comply with any of the provisions set forth in this Declaration including the "Design Standards"; (b) failure to include information in the Plans as may have been reasonably requested by the Committee; (c) incompatibility of exterior design or material with any existing structure or any structure proposed and previously approved by the Committee; (d) inadequacy of the number of on-site parking spaces or objection to the design and location of the parking area or spaces, loading docks, storage and refuse areas, walls, fencing, irrigation, lighting, utility placement, landscaping, signage, grading or color scheme; (f) objection to the color scheme, finish or portion, style of architecture, height, bulk, appropriateness of any proposed improvement in relation to other improvements existing or proposed and approved by the Committee; (g) objection to the landscaping plan as not conforming to other uses or approved plans; (h) any other matter which in the reasonable judgment of the Committee would render the proposed improvements or use discordant with the improvements on the Property, either then existing or planned and previously approve by the Committee. 6.8 Approval Good for Three Years: In the even Owner does not commence construction within three (3) years after approval of Plans, said approval shall ,terminate, in which event Owner shall be required to resubmit the Plans to the Committee for approval prior to engaging in construction, as hereinbefore specified. After construction of any improvement has commenced, the work shall be diligently completed and in any event shall be completed within one (10 year of commencement of construction. Failure to comply with this section shall constitute a breach of these DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 MIDVALLEY BUSINESS CENTER SUBDIVISION • i Declarations and subject the defaulting party or parties to all enforcement procedures set forth herein in addition. to any remedies provided for in law. 6.9 Code Compliance: Responsibility for compliance with -any and all applicable governmental rules, building codes, ~ laws, ordinances, regulations and other codes shall be the responsibility of each individual Owner and no approval hereunder shall be construed to impose any liability on Declarant or the Committee in the event the Plans fail to so comply. Neither Declarant nor the Committee shall be responsible for structural or other inadequacy or defects of any kind or nature whatsoever in the Plans or in the structure or improvements erected in accordance therewith. ARTICLE VII Regulation of Uses 7.1 Allowed Uses: Except as limited herein, all Lots shall be used for any of the following: Hotel; motel; .restaurant; commercial (as allowed by Meridian Zoning .Ordinance); retail; service-commercial; financial; athletic facilities; office; research and development; warehouse; distribution or manufacturing purposes; "flex-space buildings; all with such auxiliary uses within the buildings on each Lot as is necessary for the conduct of the primary business therein and for no other purpose unless approved by the Architectural Control Committee. Declarant may designate that certain portions of the Property shall be used for only certain of the above uses at its sole discretion, and Declarant may, on any lots still owned by Declarant, restrict future uses on those lots owned by Declarant. All uses shall be in conformity with Meridian City Zoning ordinances and building codes, and any other applicable local, state or federal standards. In the event that a zoning rule or ordinance is in conflict with a designated use, then the zoning rule or ordinance shall apply. 7.2 Special Use Limitations: (See 7.3 below) 7.3 Prohibited Uses: 7.3.1 Hazardous Materials: No toxic materials as regulated or defined by any city, state or federal laws, rules or regulations shall be disposed of on the property described herein. For purposes here ~`"toxic materials" includes but is not limited to "hazardous substances", "hazardous materials" or "toxic substances" defined in any local, state or federal statutes or regulations including but li3~nited to the Comprehensive Environmental Response Compensation on Liability Act, 1980, as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 MIDVALLEY BUSINESS CENTER SUBDIVISION amended 42 USC 961 et. seq.; Hazardous Materials Transportation Act, 49 USC 1801 et• seg•; The Resource and conservation Recovery Act, 42 USC 6901 et. seQ.; and related laws. No commercial storage of such materials shall be allowed at any time. Any owner may use such materials in the owner's business conducted on the premises so long as such use complies with all local, state and federal rules, laws and ordinances and so long as no other owners are adversely affected by such use. 7.3.2 Offensive Activity Nuisance• No noxious or offensive trade, business or activity shall be carried on, about or upon any Lot nor shall anything be done thereupon which may be or become an annoyance or nuisance within the Property or which would adversely affect the property values of other lots including without limitation distillation of bones, dumping disposal, incineration, or reduction of garbage, sewage, offal, dead animals or refuse, fat rendering, stockyard or slaughter of animals. 7.3.3 Petroleum: No lot shall be used for the refinery of petroleum or its products, or storage of petroleum. Provided, however, that fuel or manufacturing materials to be actually used on the premises may be stored on the premises (in such amounts as is the minimum necessary for the manufacturing process or use) so long as the storage facilities meet all local, state and federal statutes, rules and regulations concerning such storage and the owner assumes all liability relating to said storage. 7.3.4 Toxic Material: Under no circumstances shall disposal of any toxic materials be permitted on any portion of the property described in Exhibit A. No chemicals or noxious effluent shall be discharged into the sewage system in violation of any local, state or federal standards. 7.3.5 Minerals: No oil drilling, oil development, gravel operations, refining, mining operations or the like shall be permitted upon or in any of the Lots, nor shall oil wells, tanks, tunnels, mineral operations or shafts be permitted upon or in any Lots. ARTICLE VIII Maintenance and Reaair•_Drainaae 8.1 General: Driveways, structure exteriors and other outdoor areas on each. Lot shall be maintained in a neat and careful manner commensurate with high quality standards of care. After construction of any Improvements on any Lot, it is required that all areas not built upon, paved or otherwise improved, must be landscaped and kept weed free as .provided in the Design Standards (Appendix 9 attached). DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 MIDVALLEY BUSINESS CENTER SUBDIVISION • 8.2 Four (41 Foot Roadway Landscaping Strip• Each owner shall install and properly maintain a four foot landscape buffer along all lot lines adjoining this four (4) foot landscaping buffer area along all roads and streets is to maintain a consistent and aesthetically pleasing appearance to the entire development. In the event that this buffer area is not properly landscaped according to the Design Standards or properly maintained, the Declarant and/or the Committee (in addition to any other rights created herein) shall have the right, but not the obligation, to properly landscape or maintain this buffer area at the sole expense of the owner and the cost thereof shall be paid by the owner and treated as an "assessment" to that owner as provided herein. 8.3 Landscaping Percentage: Each owner -shall install and maintain landscaping on a minimum of ten percent (10%) of the total square footage of the lot. [For example; if a lot is 100,000 square feet, there shall never be less than 10,000 square feet of landscaping.] More landscaping is encourage but under no circumstances shall it become less that 10% of the square footage of the entire lot. 8.4 Special Four (4) Foot Landscape Buffer The West and South boundaries of the subdivision are affected by this section: In this four (4) foot landscape buffer area Developer shall install a four (4) foot wide landscape buffer area which shall include a berm at least one half (.5) foot in height. As provided in 8.5 below this landscape buffer shall be maintained by the Association as a common area expense. 8.5 Maintenance of All Landscaping by Midvalley Business Center Subdivision Association: As set out herein all lot owners in this subdivision shall be members of the lot owners association named Midvalley Business Center Subdivision Association" (referred to herein as the "Association"). Except. as provided in 8.5.2 below all Common Area lots of this subdivision and all landscaping on individual lots in this subdivision (including privately installed landscaping) shall be managed by and maintained by the Association. The Association shall have an easement on all landscaping areas in this Subdivision for the purposes of maintaining landscaping. All Common Area lots landscaping shall be installed by the Developer (presently Declarant) but thereafter maintained by the Association. All individual lot landscaping and adequate underground individual lot sprinkler systems shall be installed by the lot owner after the site improvements are constructed. After the individual lot owner constructs DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-10 MIDVALLEY BUSINESS CENTER SUBDIVISION the landscaping and sprinkler system on that lot the maintenance of the landscaping shall be done by the Association. 8.5.1 Allocation of Landscape Maintenance Costs• The costs of maintenance of the landscaping shall be allocated amongst the lot owners by two methods: a. Common Areas and Common Are maintenance costs (including the four [4] foot buffer areas) shall be paid by all lot owners in the subdivision (as a Common Area expense assessed by the Association) shared pro-rata based on the square footage of the entire land area of all building lots in the subdivision. [For example, if a lot contains 34,000 square feet and all building lots contains 1,133,33 square feet (excluding roads, Common Area lots, and the Nampa-Meridian pressurized irrigation lot), then that owner would pay three percent (3%) of the total cost of the maintenance of the Common Areas and common area landscape areas (34,000 divided by 1,133, 33 = 3%).] b. Individual lot landscaping maintenance costs shall be paid by all lot owners who have installed landscaping on their lots. These costs shall be shared pro-rata based on the square footage of each lot landscaped divided by the square footage of all lots which have been landscaped. [for example, if one landscaped lot is 34,000 total square feet and there are nine individual lots with landscaping maintained by the Association, and these all total 485,714 square feet, then the lot owner with the 34,000 total square footage would pay seven percent (7%) of the costs associated with the maintenance of the landscaping on those individual lots. These costs shall be assessed by the Association and paid by the respective lot owners. c. All water costs for landscaping paid by the Association shall be allocated and shall be paid for under the same formula set out in a. and b. above. Any Nampa-Meridian Irrigation District assessments assessed directly to each lot owner shall be paid for by each lot owner. 8.5.2 Individual Lot Landscape Maintenance At any time, by written notice to all owners, the Association may elect to cease maintenance of the landscaping on individual lots. upon such an election the maintenance of landscaping shall be performed by the individual lot owners. Even if the Association elects not to maintain the landscaping on individual lots, the Association shall continue to maintain the Common' Areas and the common landscape buffer areas set out in this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -11 MIDVALLEY BUSINESS CENTER SUBDIVISION ~ ~ 8.6 Exterior: The exterior of all structures shall be maintained in good, neat condition and repair, including regular maintenance, painting, window washing and replacement. 8.7 Other Buildings. No trailer,- mobile home, shed ~or other temporary building may be erected or located on any Lot except in the course of a diligently pursued construction project and then only for the reasonable period of construction. Following construction such shall be removed. All construction shall be performed in a manner designed not fo interfere with the use of other lots by their Owners and shall be performed as provided in the Design Standards. 8.8 Auxiliary; Structures: Auxiliary structures, antennas, aerials, cables or other mechanisms related to communications, roof surfaces, all electrical and mechanical apparatus, equipment, fixtures, conduit, ducts, vents, flues and pipes mounted. or placed upon the roof surface or extending above the roof line. of concealed from view form the stree an architecturally treated manner a approved by the- Committee, unless written approval of other measure any building or structure, shall be is and from buildings on other lots in s set out in the Design Standards or the Committee has granted specific s which would minimize the visual effects as viewed from the streets and other buildings on other Lots. 8.9 Utilities: All on-site electrical, telephone and other utility lines shall be underground, and shall not be exposed on the exterior of any structure unless approved in writing by the Committee. 8.10 Drainage: Each lot owner shall comply with all local, state and federal rules and regulations regarding drainage and on-site retention of water and construct and maintain the proper facilities therefor. In the event that the owner fails or neglects to construct the necessary systems or fails or neglects to properly maintain said systems then Declarant and/or the Committee or the Association shall have the right 9but not the obligation) to cause said construction or maintenance to be done and said lot owner shall reimburse all such costs and these costs shall be treated as a "limited assessment" as provided herein. Declarant and/or the Association shall have the right to maintain certain "common" drainage systems and. to treat those maintenance costs as common area maintenance costs. 8.11 Garbage: No garbage, rubbish or cuttings shall ~be deposited or suffered to be on any Lot unless placed in approved containers, suitably located and screened on any Lot, so as to -avoid detracting from the physical appearance of such Lot and the neighboring Lots. No building material of any kind or character or landscaping material shall be placed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -12 MIDVALLEY BUSINESS CENTER SUBDIVISION or stored upon any Lot until the Owner is ready to commence construction thereon. 8.12 Weeds: Noxious grass, weeds, vegetation, leaves, fallen or dead trees, shrubs, vines or ground covers which are unsightly or likely to constitute a fire or safety hazard shall be promptly removed from each Lot by the Owner thereof. Each lot owner whose lot adjoins any canal or drain ditch on the property shall also remove these items existing along the canal bank. 8.13 Fences: 8.13.1 Not Used 8.13.2 Perimeter Fence: Prior to development Grantor (or Grantor's successor) shall install a fence along the outside perimeter of Midvalley Business Center Subdivision. Once installed the perimeter fence shall be maintained by the Association and the costs of such maintenance shall be shared pro-rata among all lots in this subdivision based on square footage [under the same formula for common landscape costs set out in Paragraph 8.5.1(a)]. 8.13.3 Side Fences in Landsca a Buffer Area Prohibited: No side fences shall be permitted in the four (4) foot buffer areas. 8.13.4 Other Fences: Other property line fences are not required. If installed by an owner, they must be first approved by the Architectural Committee, meet Meridian City Ordinances, and shall be properly maintained by the owner. ARTICLE IX Parking, Loading Storage: Setbacks 9.1 Parking: For each building constructed, there shall be provided parking areas on the Lot, laid out and constructed in accordance with plans approved as specified herein, and maintained thereafter in good condition. Such parking areas shall be constructed of all weather, dust- free surface. For any Improvement constructed on a Lot sufficient parking areas must be located on the Lot so as to accommodate the foreseeable parking requirements of the Improvement's users. No off-site parking shall be permitted. the number of parking spaces shall be at least the number required by the City of Meridian parking ordinances. 9.2 Loading: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -13 MIDVALLEY BUSINESS CENTER SUBDIVISION ~ ~ (a) All loading and unloading of vehicles shall be conducted upon the Lot. Sufficient loading and unloading places shall be provided on each Lot to serve all buildings thereupon. Buildings and structures shall be so designed and placed upon the Lot and loading facilities shall be so constructed that motor vehicles of the maximum length permitted by the State may be loaded or unloaded at any loading dock or door, or loading area without extending beyond the property line. (b) Loading docs shall be set back, landscaped and screened to minimize their exposure from the street, but in any event shall require, along with all other plans, the written approval of the Committee. 9.3 Storage: (a) No materials, supplies or equipment, including company owned or operated trucks and motor vehicles shall be stored in any area on a Lot except inside a closed building, or behind a visual barrier approved by the Committee, screening such areas from the street and from view of adjoining properties, which barrier shall be at least six (6) feet in height. (b) Storage areas shall be located on the rear portion of the Lots, unless other locations are specifcally approved by the Committee and shall be screened from view. 9.4 Setbacks: All setbacks shall conform to the setback requirements of the Meridian City Ordinances. ARTICLE X Common Areas and Maintenance Char4es 10.1 Common Area Lots: All Common Area lots are to be deeded to the Association and are to be governed, managed and maintained by the Association. Common Area lots shall be subject to an easement to the City of Meridian as the City may require for sewer and water and may also be used for pedestrian, bicycle and emergency traffic as such may be permitted or required by the City of Meridian and/or ACRD. All costs associated with these Common Area lots owned by the Association (except initial installation) shall be paid pro-rata by all lot owners in the subdivision under the formula described- for common Area DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-14 MIDVALLEY BUSINESS CENTER SUBDIVISION landscaping in Paragraph 8.5.1(1) [i.e., a lot owner whose lot area is three percent (3% of the total area of all building lots will pay three percent (3%) of all costs associated with these Common Area lots]. 10.2 Common Landscape Areas• The "Common Landscape Areas" to be commonly maintained are set out in Paragraph 8 above. Not withstanding that these landscape areas are to be commonly maintained by the Association, the control and use of these "Common Landscape Areas': on individual lots shall be exclusively with the individual lot owner. [the fact that landscaping on an individual lot is "commonly" maintained does not mean that other members have any rights to the use of the commonly maintained area on individual lots.) The Rssociation shall have an easement on all lots for maintenance of landscaping described in this Declaration.. ARTICLE XI Si ns 11.1 Approval: All signs must be consistent with the Design Standards and approved by the Architectural. Committee. Unless approved otherwise, all lots shall have one permanent identification sign at or near the main entrance to the parcel limited to five (5) feet in heights. All signs should be back lit. Signs should be generally consistent in style and type as exist in the park at the time of installation. 11.2 Ordinances: All signs must comply with Meridian City Ordinances. ARTICLE XII MIDVALLEY BUSINESS CENTER_ SUBDIVISION 12.1 Organization of Midvalley Business Center Subdivision: Midvalley Business Center Subdivision (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted. so as to be inconsistent with this Declaration. 12.2 Membership: Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated in ar~y way except upon the transfer of Owner's title DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -15 MIDVALLEY BUSINESS CENTER SUBDIVISION and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 12.3 Voting: Voting in the Association shall be carried out by Declarant and Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of notes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. One lot, one vote. For voting purposes, the. Association shall have two (2) CLASSES OF Members as described below: 12.3.1 Class A Members: Owners other than Grantor shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member(s) on the day of the vote. One lot, one vote. 12.3.2 Class B Member: The Grantor shall be known as the Class B Member, and shall be entitled to three (3) votes for each Building Lot of which Grantor is the Owner. The Class. B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs earlier. (a) When eight-five (85%) percent of the Building Lots have. been sold to Owners other than Grantor, or (b) On December 31, 2012. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, the shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot (s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Ariy sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner, (subject to any prior assignment of the right to vote to a lessee; mortgagee, or beneficiary as provided herein). DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -16 MIDVALLEY BUSINESS CENTER SUBDIVISION 12.4 Board Of Directors and Officers: The affairs of the Association shall be conducted and managed by a Board of Directors (:Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The initial Board of Directors for the Association to serve for the first year shall be . whose initial address shall be . Thereafter, the Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 12.5 Power and Duties of the Association: 12.5.1 Powers: The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject -only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all. acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area, Common Landscape Area, and the Association's other assets, including water rights when and if received form Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 12.5.1.1 Assessments: The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. . 12.5.1.2 Right of Enforcement: The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of these Declaration or the Articles or the Bylaws. 12.5.1.3 Emer ency Powers: The power, exercised by the Association or by any person authorized by it , to enter upon any property (but not inside any building constructed thereon) in `the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience tc the Owner as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -17 MIDVALLEY BUSINESS CENTER SUBDIVISION practicable, and any damage caused thereby shall be repaired by the Association. - 12.5.1.4 Licenses. Easements and Rights-of way: The power to grant and convey to .any third party such licenses, easements and rights- of-way in, on or under the. Common Area or any additional easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 12.5.1.4.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions,. meters, and other facilities associated with the provisions of lighting and services; and 12.5.1.4.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public orquasi-public improvements or facilities. 12.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi-public purpose. The right to grant such licenses, easements and rights-of--way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 12.5.2 Duties: In addition to duties necessary and proper to carry out the power delegated to the Association by this Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority to perform, without limitation, each of the following duties: 12.5.2.1 Operating and Maintenance: Operate, maintain, and otherwise manage or provide for the operation, maintenance and management as described in this Declaration and assess owners for all costs relating thereto. ., 12.5.2.2 Maintenance of Berms Retaining Walls Fences Common Landscape and Irrigation Systems: Maintain any and all berms, fences and common landscape and irrigation systems and Common Area lots. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -18 MIDVALLEY BUSINESS CENTER SUBDIVISION a • 12.5.2.3 Taxes and Assessments: Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy ,the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 12.5.2.4 Water and Other Utilities: Acquire, provide and/or pay for water, operations costs, landscaping replacements, maintenance and other necessary services as set out in this Declaration. 12.5.2.5 Insurance: Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 12.5.2.5.1 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the ownership, maintenance and/or use of the Common Area, or duties performed under this Declaration. 12.5.2.5.2 Full coverage directors' and officers' liability insurance. 12.5.2.5.3 Such other insurance, including motor vehicle insurance and Workman's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. ~, 12.5.2.5.4 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -19 MIDVALLEY BUSINESS CENTER SUBDIVISION receive such Owner's interests in such proceeds and to deal therewith. 12.5.2.5.5 Insurance premiums for the .above insurance coverage and all Association costs shall be deemed a common expense to be included in the Regular Assessments levied by the Association. 12.5.2.6 Enforcement of Restrictions and Rules: Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provide herein. 12.6 Liabili No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor (or Grantor's agent, officers, directors or shareholders) shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Association, the Grantor, or any committee, or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 12.7 Budaets and Financial Statements: Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 12.7.1 O eratina Statement. A pro forma operating statement or budget, for each fiscal year shall be distributed to all owners before the beginning of each fiscal year. The operation statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the owner or person or entity related thereto. 12.7.2 Balance Sheet: Within thirty (30) days after the close of each fiscal year, the Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and annual operating statements reflecting the income and expenditures of the Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 MIDVALLEY BUSINESS CENTER SUBDIVISION • s 12.8 Meetings of Association: Each year the Association shall. hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than A ril 15 and no later than M_ ay 31 each year. Only Member shall be entitled to attend Association meetings, and all other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to alf Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held- within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting of the Class B Member (or representative) where there is such a Member, and of the Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn .the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE XIII: ASSESSMENTS 13.1 Covenant to Pay Assessments: By acceptance of a deed to any property in Midvalley Business Center Subdivision each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments, and charges made against such Owner pursuant to the provisions of this Declaration orother-applicable instrument. 13.1.1 Assessmen# Constitutes Lien Such Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on he land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 13.1.2 Assessment is Personal Obligation: Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed ~y DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 MIDVALLEY BUSINESS CENTER SUBDIVISION them but shall remain- such. Owner's personal obligation regardless of whether he remains an Owner. The lien set out in 13.1.1, however, shallcontinue to run with the land. 13.2 Regular Assessments: All Owners, including Grarrtor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board 13.2.1 Purpose of Regular Assessments: The proceeds from Regular Assessments are to be used to pay for all casts and expenses incurred by the Association, including but not limited to taxes, insurance, legal, attorneys fees, accounting fees, management fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area, including all Improvements located on such areas owned and/or managed and maintained by the Association, and an .amount allocated to an adequate reserve fund to be established by the Board and to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 13.2.2 Computation of ReQUlar Assessments: The Association shall compute the amount of its Expenses on an annual- calendar basis. The Board shall compute the amount of Regular Assessments owned beginning the date the first- lot transfer is recorded and periodically thereafter as is necessary. The Regular Assessment to be paid by any particular Owner, including Grantor, for any given fiscal year shall be computed by dividing the iot Owner's total square footage by the total square footage of building lots in Midvalley Business Center Subdivision. Each owner shalt pay its pro-rata share of regular assessments. 13.2.3 Landscape Assessments: The landscape assessments set out in Paragraph 8.5.1 (a) and (b) shall be computed as set out in 8.5.1 (a) and (b). 13.3 Special Assessments: 13.3.1 Association Set Up Fee: Upon the sale of each lot from Grantor the buyer of that lot, at closing, shall pay to the Association an Association Set Up Fee equal to two. (2) cents per square foot of land in that lot sold (e.g. $871.20 per acre). This set up fee shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22 MIDVALLEY BUSINESS CENTER SUBDIVISION 13.3.2 paid in full regardless of the time of year or the date of the closing. This set up fee shall go into the Association's general funds for purposes set out in these Declarations. _ .. _ . _.......,. ~~„q, , ~~,~~ J eciai i ransfer Assessment. Upon each transfer of a Building Lotto a new Owner the Buyer of that lot shall pay a special transfer assessment of $100.00 to the Association which shall go into the Association's general funds for purposes set out in these Declarations and to defray the costs of record changes. 13.3.3 Puraose and Procedure: In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for an reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. The Board shall, in its discretion, determine -the schedule under which such Special Assessment will be paid. 13.4 Limited Assessments: Not withstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing- the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for Midvalley Business Center Subdivision together with the 10% management fee and interest as provided below. 13.5 Uniform Rate of Assessment: Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per square foot for all Members of the Association. 13.6 Assessment Period: Unless other wise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first regular Assessment shall be pro-rated according to the number of months remaining in the fiscal year. Assessments shall be payable in installments monthly, quarterly or semi-annually as set by the Board. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 23 MIDVALLEY BUSINESS CENTER SUBDIVISION 13.7 Notice and Assessment Due-Date: Written notice of all assessments shall be given to the Owner at the address of the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. The Association may bring an actin against the delinquent Owner and may foreclose the- lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, late fees, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Building Lot. 13.8 Late Fees: Interest on Past Due Assessments: Assessments of any kind which are not paid within ten (10) days of the due date shall be assessed an additional late charge of $25.00. In Addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1-1/2:%) per month from the date the assessment was due until the date of payment. 13.9 Estoppel Certificate:The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of.this Declaration, and further stating the dates to which any Assessments have been paid by the owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE XIV Enforcement of Covenants and Assessments• Liens The written consent of Owners representing more than sixty-seven percent (67%) of the combined total Class A and Class B votes in the Association. Such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XI shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. ., 14.1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 24 MIDVALLEY BUSINESS CENTER SUBDIVISION Right to Enforce: Attorneys Fees• The Association has the right to enforce these covenants and to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to • comply with the terms, covenants, conditions and restrictions contained herein and to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce theses covenants or the obligations of the Owner hereunder by: a) direct corrective action against the Owner or the offending violation; b) litigation at law or in equity; c) foreclosure of the liens created herein; d) expenditure of funds to remedy any violations; and/or 3) any other lawful action. 14.1.1 Corrective Action: In the event an Owner fails to comply with any provision of these Declarations, the Board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action shall pay al the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1/2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action. Such shall be a Limited Assessment against that Lo# and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. The Owner of the offending property shall also be personally liable and such Owner's property may be subject to a lien for all costs, management fees, late fees, interest and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collec5tion the amounts due including- but not limited to attorney fees, recording fees and costs. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject, to late fees set out in Paragraph 8.8. 14.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation, by the time set out in the notice the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in these Declarations. ` 14.2 Assessment Liens DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 25 MIDVALLEY BUSINESS CENTER SUBDIVISION • 14.2.1 Creation : There is hereby created a lien with power of sale on each and every Building Lot to secure- payment of any and all Assessments levied against such Building Lot pursuant to this Declaration together with interest, late. fees and all costs as provided in these Declarations. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be .prior and superior to all other liens of claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 14.2.2 Claim of Lien : Upon default an any Owner in the payment of any Owner in the payment of any Assessment issued hereunder, the Association my cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot (s) against which the same have been assessed, and the name of the record. Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included. within a single notice and claim for lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 14.3 Method of Foreclosure Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provision of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 14.4 Required Notice : Notwithstanding anything contained~`in the Declaration to the contrary, no action my be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 26 MIDVALLEY BUSINESS CENTER SUBDIVISION • • States mail, certified or registered, postage paid, to the Owner of the Building Lot (s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot (s), and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. . 14.5 Subordination to Certain Trust Deeds The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust of first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien- for the Assessments. Except as expressly provided with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on .account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 14.6 Rights of Mortga ees Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a building lot made in good faith and for value, and recorded prior to the recordation of such _. amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. ARTICLE XV Easements 15.1 Easements of Access : Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Area, resulting from the normal use of adjoining Building Lots or Common Area, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting .facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing bn or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 27 MIDVALLEY BUSINESS CENTER SUBDIVISION • • 15.2 Drainage and Utility Easements : Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance or utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the right to grant additional easements and rights-of--way over the Property, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 15.2.1 Improvement of Drainage and Utility Easement Areas :The Owners of Building Lots. are hereby restricted and enjoined from construction any. Improvements upon any drainage or utility easement areas as shown on the Plat of Midvalley Business Center Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in the Article X, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Board, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were damaged. ARTICLE XVI Miscellaneous 16.1 Term :The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, condition, restrictions and equitable servitudes of this Declaration shall run until December 31, 2025, unless amended as herein provided. After December 31, 2025, such covenants, conditions and restrictions shall be .automatically extended for successive periods to ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the. voting power of the Association and such written instrument is `recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 28 MIDVALLEY BUSINESS CENTER SUBDIVISION • • 16.3 Mortgage Protection: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first- deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 16.4 Notices: Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shalt be deemed to have been deposited in .the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the residential address in the subdivision of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 16.5 Enforcement and. Non-Waiver: 16.5.1 Right of Enforcement: The Declarant, the Board, the Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of this Declaration. Failure by any entity to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Midvalley Business Center Subdivision Association to enforce any of these CC&R's. Neither Declarant, Board nor Midvalley Business Center Subdivision Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 16.6 Successors and Assigns: All references herein to Grantor, Owners, the Association or person shall be construed to include all successors, assign, partners and authorized agents of such Grantor, Owners, Association or person. In the event Declarant sells, transfers or assigns its interest in this project, then Declarant shall have no liability or responsibilities of any kind which accrue after Declarant sells, assigns or transfers Declarant's interest in the project. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 30 MIDVALLEY BUSINESS CENTER SUBDIVISION ARTICLE XVII Construction and Invalidity 17.1 In the event any of the Restrictions shall be held to be invalid or void by any court of competent jurisdiction, such invalidity or such void Restrictions shall in no way affect any other condition, covenant, restriction, agreement, charge, lien or other matter herein contained. ARTICLE XVIII Assignability of Declarant's Rights and Duties 18.1 Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, corporation or association which will assume the duties of Declarant pertaining hereto. Once assigned or transferred Declarant shall have no liability of any kind which accrues after the date of assignment or transfer. ARTICLE XIX Waiver of Partition 19.1 There shall be no judicial partition of the property subject to this Declaration of Covenants, Conditions and Restrictions except as may be otherwise provided under appropriate Idaho statutes. Each Owner and the successors of each owner, for the benefit of their respective Lots and for the benefit of all other Owners specifically waive and abandon all rights for a judicial partition of any tenancy in common ownership of any Lot and do further promise and covenant that no action for such judicial partition shall be initiated, prosecuted or reduced to judgment. Declarant may subdivide any of Declarant property pursuant to governmental approvals as necessary. No other lot owner, however, may subdivide a lot without the express written approval of the Declarant and approval of all affected governmental agencies. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 31 MIDVALLEY BUSINESS CENTER SUBDIVISION • IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as of the day of , 1998. - Midvalley .Business Center Subdivision By By STATE OF IDAHO ) SS. COUNTY OF ADA ) On this day of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared and ,known or identified to me to be the President and the Secretary/Treasurer, respectively, of Midvalley Business Center Subdivision Corporation, the corporation that executed the within and forgoing instrument, and acknowledged to me that such corporation 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 above written. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 32 MIDVALLEY BUSINESS CENTER SUBDIVISION EXHIBIT "A" Legal Description DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 33 MIDVALLEY BUSINESS CENTER SUBDIVISION ,~ -~, 9tia SuRVE~°Q i ! RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 9818900 208/322-8992 ^ _Fax 208/378-0329 August 13, 1998 EXHIBIT "A" DESCRIPTION FOR MIDVALLEY BUSINESS CENTER SUBDIVISION Lot 10 of Amended Magic View Subdivision, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446, and Amended by an Affidavit recorded July 13, 1986, as Instrument No. 8629311, Official Records of Ada County, Idaho. Prepared by: NUBBLE ENGINEERING, INC. GGC/vw/Midval(eyBusinessCenter Gregory G. Carter, .P.L.S. EXHIBIT "B" Plat Map DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 34 MIDVALLEY BUSINESS CENTER SUBDIVISION i --__~-~ s Y r~ :e- ee~ i ~- ~ ~ , ! €~ a ~ jO ~ o a ~ '~ ~~ ~ ~~ i ~ s ~ a ~s 7 w ~ ~ i ~ ,_ ,gbh. +~ ~ ._ ~ ~ i W U W J ~R _C h ~ ~~ o•J ••~w $g ~ ~~~ _ ~~~ ~~ ~ ~~~ ~~ ~a ~~ ----- ~ ~ ~~ ~~ ~, ~ I ,~ ~s~~ ~~~~ ~ ~R~~~ ~~~~~ !~~ • ~~~ t~~g~g8~ ~D~s~~. ~~~~~$~~~i~~ ~~~~~~~ ~ I ~ I ~ ~ ~'~ ~~• fi • •~ i ~ i ~ I B ~ x ~I i 1~ ~ ~~~~~ ~~ ~~ ~ ~~ ~. ~e ~i ~ _ A A • f Q i -- --~___ --- ~. EXHIBIT C Bylaws DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 35 MIDVALLEY BUSINESS CENTER SUBDIVISION APPENDIX 1 Design Standards DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 36 MIDVALLEY BUSINESS CENTER SUBDIVISION