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Home My WebLink AboutOlson Bush Industrial Park AZ (2)TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998 TRANSMITTAL DATE: September 23, 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK BY: RAY ROBNETT _ LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET, MERIDIAN _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, PIZ _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _J<EITH 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Member CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998 TRANSMITTAL DATE: September 23, 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK BY: RAY ROBNETT _ LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET, MERIDIAN _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, PIZ _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _J<EITH 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: CITY OF MERIDIAN SEP 2 1 1998 33 East Idaho Street, Meridian, ID 83642 PCIT OF Mf -R DIAN Phone: (208) 888-4433 KING & ZOAUG Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: GoT 4. Boacrc / e,4A6#AC -57-451-77 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Lg'yT _ZArausr"�9G ACRES OF LAND IN PROPOSED ANNEXATION: 4. 9!o tic',eES PRESENT LAND USE:Ey�"ZO� ep L��s/T I�✓Du sr.�iiyG PROPOSED LAND USE: ZAr/,4,eE-fb�c/Sc�- PRESENT ZONING PISTPICT: PROPOSED ZONT,�G DISTRICT: APPLICANT: /?A y �of3N��j' - ,Bim/L,DE.� PHONE: 284 - 7Z74 ENGINEER, SURVEYOR, ORPLANNER:,4.2r ScyciGTz PHONE: 4G3-o.b.S ADDRESS: Tz�s�sueF �tC�s� c`.✓�i�►/E1�.�S� ///7 L'.y*�wEtc Bcyd /�PA,,�j) Bffeosy OWNER(S) OF RECORD: MA 2(C K) / Ar PHONE:I - Z-0 S 5'-)-`f -11 � S ADDRESS: 2 '#4- e oly S -t/ -to l ~� ►fie V Yl / �.C�,4 I-Iy /� CSC. S I Signatu e f Applicant ** TX CONFIRMATII6EPORT ** DATE TIME TO/FROM 30 09/24 15:17 2082869566 AS OF SEP 24 '90:18 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD4 STATUS G3 --S 00'50" 001 049 OK Post -it° Fax We 7671 Darepeogf► To' Fr CO./Dept Co. 1-7m OT 'aAaA Phonea Pltona # P 0 ADA OADA COUNTY Fax # Fax * i0'd llJ follows, to.wit: LOT 4 IN BLOCK L OF OLSON AHD B"H 1"OUSTILIAL PARR, ACCORDING TO THE PLA'r THSRSOF, FILED IN SOOR 44 OF PUTS AT PAC85 3581 AN 3582, RECOEDS OF ASA COINry, 03 q,6 TMZ; oP PIONEER COMPA,*11 �O P 0 ADA OADA COUNTY 6151 W. Rincman Ave / Bnisa, 241160 83744 1 (208) 377.2700 EF AND AP'PROVEDt _ wARRANTY DEED (INDIVIDUAL) r-\�aAV-k k j FOR VALUE RECM2D ALLFA LEE CENSERS AND DIANNC CENSERS, HUSBAND AND WIFE Grantor s , do basby Shpt. batp in. sell and convey unto NARlt C. NELSO,'a. A PARRIED PAN Ek Grantee . wh- ansa[ address ls: 244 CONSTITUTION, IDAHO FAILS, ID 83402 taefoltowlgdescribed real properryir. ADA County, Seats: ofldabo,momputiewarydewibcdaa follows, to.wit: LOT 4 IN BLOCK L OF OLSON AHD B"H 1"OUSTILIAL PARR, ACCORDING TO THE PLA'r THSRSOF, FILED IN SOOR 44 OF PUTS AT PAC85 3581 AN 3582, RECOEDS OF ASA COINry, IDAHO. TMZ; oP ER ROA U� NA lrol' e0�s�.lua 0 91 cE� OD OEpUTYA ' 86065633 19%Jl-9 Pit 3+so TO HAVE AND TO HOLD the said ptomis . with tholi appanoaaota amo rhe said Caamee , and Gmice heirs aodualgpsfornsmr.ADetberaidOraotor ado bembycovmanrtoaedwith usaid arantes d=Gracor s azatke ower.S is fee slinple of said prtaa sas; dial raid pretpiCq arc free Boa¢ an nirJJmbwca, EXCEPT those to which tbS cnveyance Is exPrrWY made F*ccl mid diose made, sj&crod or don by cyte Grantee ; seed sitb)= =to reeervo6 Wt rwria"ions, dcaieadoDs, easetaots, riVua of wey snd sgreem ms, V atty) Of Meted, yid Eeewal I= aW asecwrtrm:s, (includes lrlgado-, and mility aueesreenu. (;f arty) for the current Yew. wIdsh VC not Ya doe and payable, and Ther Oranwr s will warram and dden l the same from ail IswU eisims whaum a. Dated: July 02. 7998 AC �12 STATE OF L• A { tr Ceuvy of Ana tt. On Ws id theyrJrof—L14C Ia. Wore me etc invnx stnrsPn s anally, epp a notarypuNic, pet. Ltaowo to id p�rstm atyvhou Homo Z &Z aobsJlbed to the wiIhin Wamm eat, send aeknowted the scm, O! tV c wa { a Berea, r Notary Aib1lc: {aP dara3R0{1 Residing sc MY Comm u op Explter. 6.77-2D01 W/Te'd eaz MM053 8-11I1 633N01d CS:51 SSSS -i2 -03S 0 1. Applicant: Ray Robnett, Builder Robnett Properties P.O. Box 27 Star, Idaho 83669 (208) 286-7274 2. Owner: Mark Nelson 244 Constitution Way Idaho Falls, Idaho 83404 (208) 524-3193 Warranty Deed: See Attachment "A" 3. Zoning Amendment Request: See Attachment "B" 4. Legal Description: See Attachment "C" 5. Description of Present Land Use: The property is currently undeveloped and part of an industrial park with zoning of M-1. The legal description is Lot 4, Block 1, Olson Bush Industrial Park, Meridian, Ada County, Idaho. 6. Description of Proposed Land Use: The property will be developed as a office/warehouse. 7. Present Zoning District and Jurisdiction: M-1, Ada County. 8. Proposed Zoning District: I -L 9. The subject property is bounded on the north and east sides by properties which are within the City of Meridian and have the zoning of I -L. 10. The subject property is located within an industrial park such that its intended use is fully compatible with the adjacent properties. 11. The subject property is nearly surrounded by the City of Meridian zoning of I -L. 12. Zoning Amendment Map: See Attachment "D" 13. Vicinity Map: See Attachment "E" 14. Mailing List: Provided By City of Meridian 15. Fee: Provided by Applicant 16. Signed Affidavit of Posting: See Attachment "F" 17. Signed Affidavit of Contents: See Attachment "G" Treasure Valley Engineers Office. (208) 463-0305 1117 Caldwell Blvd. Suite B. Nampa. Idaho 83651 Fax: (208) 463-7794 G8 MON 1449 FAX208F,243195 WHEEL CITY INC, z 00 Salt lAke Doisc kWw) Falls Billing SL Oftm gm I I KC011 I t EMS N k-1144- A DISTRIBU]"OR 01: CUSTOM WHELS& A�,"'-ESSORIES $ 0q) I c ?-I I '(-I 'I ' ) r� it V 'Itc. Of Idaho, do wll!Uly agree to the Clen Bush Indust --al Park, tim 1, ulo-ck 1, l If City of NlerAiwi, to thc v Of imendriam- Idalio- I am the omicr of abovc describe[ property - We Neill co- mply with all lands -Caping and park-iDg zas.describcd by the City of Meridian. Thank 'You 16r your uniely comideration of this matter. We will be excellent confriblWor's to lite arca and the City ofkteridian. i OW- ru101 3 v\ .00 4 00C.0 6q IM�N 41 �$",,,',. A IDER,SHIN-]DAVIT),,.& ASSOCIATES, WT J'YI inF.pldh�h ImnppBi Ir:�a1, I,, ,+�e Ftp FII IFF �F� IrJ�a yl el ast �^+d'j t l t iFdiFv+r m tP p+q 441Ypa�y� � iT,T7 DN ,+ Annexation 9a 6 1 u °oject 1511998 INC. A A parcel of land locate&in a portion of. Lot 4, Block 1 of Olson and Bush Industrial Park Subdivision and a portion of Lanark Street (a public rigbt-of-way) located in the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being afore particularly described as follows: Beginning at a lf2 inch iron pin on the southwest corner of Lot 4, Block 1 of said Olson and Bush Industrial Park, said point being 25,00 feet distant from (when measured at right angles to the center of Lanark Street right-of-way) thence; North 00°55'00" East 274.94 feet along the westerly line of said Lot 4, Block l thmce; South 99°00'42" Fast 140.00 feet along the northerly Hw of said Lot 4, Blvckk thence, South 00055'00" Nest 274.95 feet along the easter�f line of said Lot 4, Block 1 of said subdivision to a 1/2 inch iron pin,, Loo int being 2 5, 00 feet distant (tofu (when measured at right angle —t -d, c =iW of Lanark Street Tight -of -way) thence; South 00°55'00" West 25.00 feet to the centerline of said Lanark Street thence; North 39'01'38" Nest 140.00 Poet along the cmterline of Lanark Street fight -of- way to a point thence; North 00°55'00" East 25.00 feet to the point ofbeginni . Said parcel contains 41,991 square feet more or less. Land Surveying Services 1843 Broadway Ave., Suite 101B, Boise, ID 83706 ti 208.363.0058 fax 208.363.0800 0 v P D09 8 d VO& 2 79 V-7 H1 &O/V o . � d ` 86'6 CZ zo•csz h J U r f- .01.. Q ' 96 "f•1 r � -00 �a$�0 c '+` � � ♦s-rta � � 0 99.0 At 0 :Li .into •<• .Oe ,�.., �1��,.L��. ..�..�i'-•`... �'-'��f•',:`�: �dK; :� � ... � M .Bd�.r�?N� 40 September 23, 1998 City of Meridian 33 E. Idaho Meridian, ID 83642 Attention Brad, MM 1 Ift ��NSTgUCTION & SA��/ 40 I, Ray Robnett Do Here By agree to post signs on the subject property at 3036 Lanark treet, Meridian, of notice of public hearing. Ray E. obnett President 1011 S. Star Rd. • Star, Idaho 83669 • (208) 286-7274 • FAX 286-9568 • E-mail: rproper999Qaol.com W _J 0 Q W I I /SLOT 4, BLOCK 1 I LANARK STREET OLSON BUSH INDUSTRIAL PARK i 0 FRANKLIN ROAD y�o coG'ALE'.' I W 0 D M z n O I� Z CD -h A • CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No.J Date 9" 23' 98 Name Ra6ne+-+ Pro er-HeS Address jolt S- Sfax Id. 5-{'c�r , l D. Phone: SOLD BY C3A5fi C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT DESCRIPTION 9 rncL1lit) S p x Z 30 IQ0 1 I I I I I I I 13'41- Oz-oa I 1 1 I I All claims and returned goods MUST be accompanied by this bill. - TAX 0009078 Received TOTAL 3o i0, GS -202-2 JA PpINTE� WITH Qn Q PRINTED IN U.S.A. 00-4-V M DOM CITY OF MERIDIAN "Hub of Treasure Valley" 133 E. Idaho Meridian, Idaho 83642 888-4433 M 0 w z M C, scoo carom On 4-a ca m C) 0)M= C0 z 0 O > 0 C z -E C6 wit CD Order ... No. Date Name Address T � \ t I Phone: SOLD BY CASH C.O.D. j CHARGE ON ACCT. MDSE. RETD. PAID OUT D E S C R I P T 1 0 N x M V, I O > 0 C z -E C6 wit CD Order ... No. Date Name Address T � \ t I Phone: SOLD BY CASH C.O.D. j CHARGE ON ACCT. MDSE. RETD. PAID OUT D E S C R I P T 1 0 N x 61111WAIIIIIIII V, I 1`v1 All claims and returned goods MUST be accompanied by this bill. TAX () Received 009 7 07 BY L TOTALI GS -202-2 PRINTED IN U.S.A. 0 3036 E. LANARK ST. PROPERTY OWNERS WITHIN 300' ELIXIR INDUSTRIES 17905 S BROADWAY ST GARDENA CA 90248-3509 725 N EAGLE RD ALUM A FORM ELIXIR INDUSTRIES 17905 S BROADWAY ST GARDENA CA 90248-3509 535 N EAGLE RD R-2 DEVELOPMENT INC 4414 GEKELER LN BOISE ID 83716-5240 E FRANKLIN RD YANKE RONALD C & LINDA L PO BOX 5405 BOISE ID 83705-0405 E LANARK ST 3083 E LANARK ST CENTERS ALLEN LEE & DIANNE 3770 S LINDER RD MERIDIAN ID 83642-6824 3036 E LANARK ST MAYES O C & C J LIVING TRUST MAYES O C & C J TRUSTEES 5768 N MARCLIFFE AVE BOISE ID 83704-2058 3084 E LANARK ST VAN AUKER RONALD W 3084 LANARK ST MERIDIAN ID 83642-5918 E LANARK ST 3180 E LANARK ST YANKE RONALD C & LINDA L 2975 LANARK ST MERIDIAN ID 83642-5919 E LANARK ST 2975 E LANARK ST q maili1136 to7 x 2;X30, c?ro 0 SIGMONT WALTER T JR & RUTH A 3817 STAR VALLEY ST BOISE ID 83709-4851 3131 E LANARK ST E LANARK ST ** TX CONFIAN REPORT ** DATE TIME TO/FROM 03 11/23 16:09 208 888 1097 04 11/23 1609 208 888 1097 AS OF NOU 23 '1 16:10 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'30" 001 086 OK EC --S 00'30" 001 086 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on December 15, 1998, for the purpose of reviewing and considering the application of Ray Robnett for annexation and zoning of approximately .96 acres of land for Olson Bush Industrial Park which is generally located at 3036 Lanark Street. The application requests a zone of I -L. 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 23b day of November, 1998. of WILLIAM G. BERG, JR., MYUERK PUBLISH November 251n & December 91h, 1998. SnL ,�',' 9 0 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 November 10, 1998, for the purpose of reviewing and considering the application of Ray Robnett for annexation and zoning of approximately .96 acres of land for Olson Bush Industrial Park which is generally located at 3036 Lanark Street. The application requests a zone of I -L. 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 6th day of October, 1998. PUBLISH October 21 and November 4, 1998. WILLIAM G. BERG, JR.,'tITY CLERK SEAL ��lflf!!ii titltt��` NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on December 15, 1998, for the purpose of reviewing and considering the application of Ray Robnett for annexation and zoning of approximately .96 acres of land for Olson Bush Industrial Park which is generally located at 3036 Lanark Street. The application requests a zone of I -L. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23' day of November, 1998. ,ILLIAM G. BERG, JR., CLERK PUBLISH November 25th & December 9th, 1998 f"orThe I)eopfe c f Idaho jpM;'3 STATE TAX COMMISSION 8(H) Park Blvd.. Plaza IV • Boise. ID • 83722 May 12, 1999 4 1999 CITY OF MERIDIAN William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance Nos. 820, 812, 817 and 818 Dear William G. Berg, Jr.: The Idaho State Tax Commission has reviewed and processed the following action(s): Ordinance Nos. 820, 812, 817 and 818 When this annexation is completed, any changes dictated by this action(s) will appear on the year 2000 tax code area maps. Sincerely eff Servatius Sr. GIS Systems Analyst Technical Support Bureau CC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD I-800-377-3529 CITY OF MERIDIAN ORDINANCE NO. 812 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL (I -L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in a portion of Lot 4, Block. 1 of Olson and Bush Industrial Park Subdivision and a portion of Lanark Street (a public right-of-way) located in the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: OLSON BUSH INDUSTRIAL PARK ANNEXATION AND ZONING ORDINANCE Commencing at the East 1/4 corner of said Section 8, thence South 00°55'00" West 1472.82 feet; thence North 89°02'00" West 600.00 feet; thence South 00°55'00" West 274.94 feet to the TRUE POINT OF BEGINNING, being a 1/2 inch iron pin on the southwest corner of Lot 4, Block 1 of said Olson and Bush Industrial Park, said point being 25.00 feet distant from (when measured at right angles to the center of Lanark Street right-of-way) thence; North 00°55'00" East 274.94 feet along the westerly line of said Lot 4, Block 1 thence; South 89°02'00" East 140.00 feet along the northerly line of said Lot 4, Block 1 thence; South 00°55'00" West 274.95 feet along the easterly line of said Lot 4, Block 1 of said subdivision to a 1/2 inch iron pin, said point being 25.00 feet distant from (when measured at right angles to the center of Lanark Street right-of-way) thence; South 00°55'00" West 25.00 feet to the centerline of said Lanark Street thence; North 89°01'38" West 140.00 feet along the centerline of Lanark Street right-of-way to a point thence; North 00055'00" East 25.00 feet to the point of beginning. Said parcel contains 41,991 square feet more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial (I -L). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. OLSON BUSH INDUSTRIAL PARK 2 ANNEXATION AND ZONING ORDINANCE SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63- 2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ah4'4 r '1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of j;iruc1999 R � r A ST: tc``+ "rrrrr,r, 12N�tf.,^ ITY CLERK i� io Ff msgW:VViyriles _ --- - _ Meridian City BUSH INDUST PARK.WPD Y aye rte`/,` �t �Y • �� `,`*� �rrlrrrr;.f ceStt�� OLSON BUSH INDUSTRIAL PARK ANNEXATION AND ZONING ORDINANCE ORDINANCES\AZ ORD FOR OLSON CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 812, passed by the City Council of the City of Meridian, on the IqA(- day of January, 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk�ptdhe'Oity of Meridian. r "ILLIAM dBERG, �;'JR. STATE OF IDAHO, sit►►►►►;:► ►►++++`" County of Ada, ) this day of BCW( , in the year 1999, before me, t`n , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. SEAL�OTARY •� Notary ublic for Idaho • 1. g �'®G S * e Commission Expires: dtSfam), r�$'OkPAIles\Meri • ?lile\Ordinances2\ANNEXATION AND ZONING ORDINANCES\CERTIFICATION ACKNOWMT CITY CL6N0BT PARK.doc A°��." OF I ..o' CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 0 0 Mayor ROBERT D. CORRIE Coancil Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD January 22, 1999 Ray Robnett P.O. Box 27 Star, ID 83669 286-7274 HUB OF TREASURE VALLEY A Good Place to Live 11 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 RE: Findings of Facts and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning Dear Mr. Robnett Enclosed is a copy of the above documents which were approved by the City you have any questions concerning Council on January 5th, 1999 meeting. If Y these documents, please contact me of Shari Stiles at the Planning & Zoning Department. Thank you for your cooperation. Sincerely William G. Berg, Jr. City Clerk i 0 MERIDIAN CITY COUNCIL MEETING: JANUARY 19 1999 ITEM NUMBER:_L_ APPLICANT: RAY ROBNETT REQUEST: ORDINANCE #812 — ANNEXATION & ZONING OLSON BUSH SUBDIVISION 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 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i 5 a. et a " �-L) +v S, �'f-S MEMORANDUM RECEIVED .IAN 14 1999 City Clerk Office To: William G. Berg, Jr., City Clerk From: Wm. F. Gigray, III Subject: OLSON BUSH INDUSTRIAL PARK FF/CL File no. 15360M 5.3.3 Date: January 13, 1999 Will: Based upon the action of the City Council on the 5" day of January, 1999, we have revised the attached Findings for the above matter, pertaining to Sections 16.12 and 16.14 of the Findings, and the intro to Section 3 of the Decision and Order. Please substitute this revised document and conform the action taken at Council and serve upon the parties indicated. If you need any further assistance from this office, please advise. Msg\D:\MyFiles\Meridian City File\GIGRAY MEMOS\Berg Itr on Olson Bush FFCI and Dec of Order changes.wpd Meridian City Council January 5, 1999 Page 28 Corrie: Council, I'll entertain a motion as far as the development agreement then in this case. Bird: Mr. Mayor, I move that we (End of Tape) I move that we take item 16 the development agreement for Olson Bush Industrial Park off the agenda. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley that we take item number 16 the development agreement Olson Bush Industrial Park off the agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 17. ORDINANCE #812 — ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK: Corrie: Mr. Gigray, comment. Gigray: Again Mr. Mayor and members of the Council, as a safety valve I would appreciate this being maybe sponsored and maybe put on the agenda and make sure the Public Works is happy with the legal description. Rountree: Mr. Mayor I have a question for Gary. Had you had an opportunity to look at the legal description on this one? Smith: Mr. Mayor and Council members, Councilman Rountree, I think have — I think my associate has reviewed this. We've been to be pretty careful with these, and we are requiring that they be submitted by a licensed land surveyor as one of our ordinance requirements. But I can't say for certain. I will make sure that I check that so that on your second reading I will have that verified. Bird: Mr. Mayor I move that the Meridian City Council pass Ordinance #812 annexation and zoning of Olson Bush Industrial Park and for the public readings of tonight 1/19/99 and 2/2/99. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to have Ordinance #812 first reading 1/5/99. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Meridian City Council January 5, 1999 Page 29 Corrie: Mr. Clerk would you read Ordinance #812 title only? Berg: Thank you Mr. Mayor. (ORDINANCE #812 WAS READ TITLE ONLY) Corrie: Okay that concludes the first reading of Ordinance #812. The second reading to be January 19th, 99. Before we start on the public hearings, I'll entertain a motion to have a ten minute recess. Bentley: So moved. Bird: Second. Corrie: Motion made and second. All those in favor say aye. MOTION CARRIED: All ayes. (TEN MINUTE RECESS TAKEN) 18. PUBLIC HEARING: REQUEST FOR ICE BY JOHN BISS SW ST OIT FOR F MERIDIAN GENERAL AUTO REPAIR & SERV ROAD: Corrie: I'll open the public hearing and at this time I'll have staff give a report. Stiles: Mr. Mayor and Council you requested that this be placed back up for a public hearing because of some of the issues that remained with the extension of Pinwood Street. The (inaudible) of the entire parcel of property that was not shown on the conditional use permit and Mr. Biss is here tonight to answer any questions you may have. Corrie: Since this is a public hearing, I invite the applicant's representative to speak. Name and address please. Biss: It's John Biss, current place of business is 1334 E. First Street, Meridian. Corrie: Okay anything you want to tell us about your request? Biss: Just answer your questions you got. Corrie: Council, questions of Biss? Rountree: Mr. Mayor, Mr. Biss and Shari as well, I think one of the biggest issues we had was the landscaping and the setback or buffer strip if you will on that particular 0 0 MERIDIAN CITY COUNCIL MEETING: JANUARY 5 1999 APPLICANT: RAY ROBNETT ITEM NUMBER: 17 REQUEST: ORDINANCE #812 —ANNE riON AND ZONING OF OLSON BUSH INDUSTRIAL 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 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. t10I ck uL -P e4� rtwt. Meridian City Council January 5, 1999 Page 27 guy did his, three stores down the next guy did his, and they would like to see if and when it ever got done that it be done from Eagle Road in a continuous manner until you got to another open space. And do when I post the owner of the property will post a letter of credit and is Meridian City the beneficiary of that letter or is it more specific Nampa Meridian? Bird: The City — Robnett: And the other plans and specifications the other requirements that were on there, then I submit those to Shari Stiles or the building department? Bird: Public Works. Robnett: Just that you and I have gone over it and everything is pretty much okay, but there was a request in there for submitting a set of plans. Stiles: Are you talking plans for the ditch itself? Robnett: No, plans for the building to check our setbacks — Stiles: That's done, it's in place, everything else is -- Robnett: Fine, okay. Corrie: I have one question for Mr. Rountree. Your insertion that under the jurisdiction of the U.S. Army Corps of Engineers the developer provide the size which would be 48 inch or greater post a significant bond. Is that just a letter from him say it would be? Is that what you are asking? Rountree: Yeah if he could provide a letter from an engineering firm or Idaho Transportation Department if they do the study and say it needs to be 60 inches. That's public record if you could supply that to the City. That would be great information. That wouldn't cost you more than a phone call. Robnett: Well I might do that — I looked I mean I've been out there for five months looking at that project, and I too just have an opinion. But it looks like if you put a 36 inch pipe with no irrigation in there, it would be half full right now today. So there's a significant amount of water going through there. Thank you. Bird: Thank you Ray. 16. DEVELOPMENT AGREEMENT — OLSON BUSH INDUSTRIAL PARK: Meridian City Council January 5, 1999 Page 28 tion as far as the development agreement then in this Corrie: Council, I'll entertain a mo case. Bird: Mr. Mayor, I move that we (End of Tape) I move that we take item 16 the development agreement for Olson Bush Industrial Park off the agenda. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley k off the agendae Any further the development agreement Olson Bush Industrial Pa discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 17. ORDINANCE #812 — ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK: Corrie: Mr. Gigray, comment. Gigray: Again Mr. Mayor and members of the Council, as a safety valve I would appreciate this being maybe sponsored and maybe put on the agenda and make sure the Public Works is happy with the legal description. Rountree: Mr. Mayor I have a question for Gary. Had you had an opportunity to look at the legal description on this one? Smith: Mr. Mayor and Council members, Councilman Rountree, I think have — I think my associate has reviewed this. We've been to be pretty careful with these, and we are requiring that they be submitted by a licensed land surveyor as one of our ordinance requirements. But I can't say for certain. I will make sure that I check that so that on your second reading I will have that verified. Bird: Mr. Mayor I move that the Meridian City Council pass Ordinance #812 annexation and zoning of Olson Bush Industrial Park and for the public readings of tonight 1/19/99 and 2/2/99. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to have Ordinance #812 first reading 1/5/99. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. • • Meridian City Council January 5, 1999 Page 22 of Fact and Conclusions of Law and Decision and Order of denial. As you will see by going through this the Finding which is the most relevant with regards to your action has to do with the finding regarding the compatibility of this particular zone request as being inconsistent with the Comprehensive Plan of the city and that is contained in finding number 16. The other findings that are here are consistent with the information which in 17 also deals with the inconsistency which has to do with the designation of this property on the Comprehensive Plan generalized land use map which shows presently single family residential. As a condition of zoning is that the zoning has to be in conformance with the Comprehensive Plan. Corrie: All right. Any other comments from staff? Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and Decision and Order of denial for the application for annexation of Queenland Acres, Inc. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law and Decision and Order of denial on the request for annexation and zoning of Queenland Acres, Inc. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. 15. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT — 3036 LANARK STREET: Gigray: As I recall my comment on this one is that there was a question concerning whether or not this would require a development agreement or whether or not it would be subject to approval of the site plan. We went ahead and prepared one just in case. (Inaudible) Bird: Mr. Mayor I was under the impression that we had done the same — this is already developed subdivision. I didn't think it went with the development agreement which I realize is the next agenda item. It says in here that on 3.14 that this is contingent upon a development agreement, but I thought we had waived that. I might be wrong. • 0 Meridian City Council January 5, 1999 Page 23 Corrie: I think we wrote it here that the applicant complies with all the city requirements. Such agreement will not be needed. I think he has in this case. Bird: 3.14 a development agreement should be required as a condition of annexation. Corrie: Shari any other questions of staff? Stiles: Mr. Mayor and Council, I think the only real issue that remained on this was the ditch issue and having staff and the applicant get together and work with whoever is in charge of that drain to determine the best course of action for future piping or non piping of that entire drainage area. That was the only ordinance requirement that there seemed to be a question on. Rountree: Shari or Gary refresh my memory so I can have it on tape, what's the size of pipe that we've normally deferred requiring tiling on? Is it 48? Stiles: It's 48 inch, and I think Nampa Meridian said it required a 36 inch pipe, but we still have questions about the recharge from the ground water in that I don't think Nampa Meridian even knows what kind of flow they really have. Rountree: I'm sure they don't. Bird: Mr. Mayor. Shari I don't believe that is not an irrigation ditch. That's a drain ditch isn't it that runs down there? There's water running in it year round. Stiles: It is — Bird: Something to do with the aquifer and stuff like a lot of the ground water coming to it and it fills. Stiles: It may be that some of the property owners in that area want to pipe it so they can reclaim that area because it is so deep and it does take — if they elected they could use that area, but I don't know that the staff would recommend doing that at this time without doing some research into it. Bird: I thought somebody said something about we needed to get the engineer of BLM or somebody in there to find out about that. Was it you Gary that mentioned that we need to get or Charlie? Rountree: I did and I don't know if that's been investigated either by Gary or Mr. — Smith: As I understand it it's not under the jurisdiction of the Corps of Engineers. Bruce Freckleton checked with Corps and it's not theirs. E Meridian City Council January 5, 1999 Page 24 Bird: Whose ditch is it Gary? 0 Smith: Well Nampa Meridian claims jurisdiction on it as far as maintenance goes, and you're right Councilman Bird. It is a subterranean drain and it is called the Evans Drain and it does have water in it year round and that's its function. If it was ever piped the pipe would need to be water gathering pipe, rather than just a water conveying pipe. At this point we don't really know what size pipe it would take. Nampa Meridian has said at one time that they did know. Then we received correspondence not too long ago from them that they don't know. I've asked for a clarification on that from their superintendent, but I haven't heard anything from him yet. Bird: Gary, in your professional opinion do you think 36 inch pipe would handle that? That's a pretty — Smith: I guess opinions are plentiful and everyone has one. Bird: We can all be lawyers and have all kinds of opinions. Smith: I don't know that I could add any value to the conversation by venturing one Councilman Bird. I really don't know. The highway department, ITD, saw fit to reportedly install a 60 diameter culvert under Eagle Road, and I'm sure that they did that for some reason, and I don't know what it was, but for Nampa Meridian to come back and say we could do this in a 36 diameter pipe, I'm not sure what that comment is based upon. Bentley: As I stated in the previous meeting, we've already gone to the extent of having people bond. RC Willey's bonding for the same ditch, and I think that's the only thing we can do until we find out for sure what the requirement is going to be. Smith: Mr. Mayor one other thing that I might just toss out on the table. We are dealing with Nine Mile Drain to the south and west of this site, and on that drain because it was under the Corps of Engineers jurisdiction, we were very specific that no piping was allowed because of the reason that it is a drain, that it is accepting subsurface subterranean waters, and I don't know. There may have been some wildlife issues. I don't recall that specifically, but I do know that the Corps was very specific about not allowing it to be piped, and in looking at the two ditches, this is Evans Drain is much more of a drain than the Nine Mile Drain is at that point. Corrie: Any other questions? All right I'll entertain a motion. I need to ask Mr. Gigray is that 3.14 need to be in there or taken out? 0 • Meridian City Council January 5, 1999 Page 25 Bird: It's pretty clear Mayor. It says that as long as he complies with the city ordinance that we don't need a development agreement which the next item we would probably take care of that anyway. Gigray: I would need some direction from the Council because if you choose not to go with the development agreement route and you're determined to go the other way, then you're going to want to change part three of the decision and order because it says that the developer will enter into a development agreement and then there are all these series of conditions here. If this were a matter of presenting site plans for approval by Planning and Zoning, you could use the same language we used in the other one and you would just direct as part of your decision that that introductory phrase would be changed to that other language and then I would just resubmit this with that other language in there. In other the site approval by Planning and Zoning is — this was another one where it was submitted to either go by site approval or development agreement. Bird: We had approved to go by site development in the original had we not? Okay my motion has to delete the development agreement? Gigray: Yeah, you would just part three the introductory phrase here of the decision and order you would — Rountree: Mr. Mayor related to the discussion that we had about the piping, I'm not so sure that required piping is a good idea in that particular body of water, but to clarify the point in the findings, I would recommend that on page 5, item 16.12 last sentence of that paragraph, the first recommendation would be to spell Corps correctly. Spell check didn't catch that one. The last line engineers or the developer, insert or the developer provides an engineering study that the tile size would be 48 inches, tile size would be 48 inches or greater, or (inaudible) sufficient bond for future tiling. Make the same verbiage change on page 21 paragraph 3.12. Gigray: Yeah. Rountree: I'm giving the owner some more options. (Inaudible) Rountree: Mr. Mayor I move that we approve the Findings of Facts and Conclusions of Law and Decision and Order granting application for the annexation and zoning for the applicant Ray Robnett 3036 Lanark Street deleting all references to development agreement and inserting the appropriate language that would substitute for the development agreement lead ins and including the verbiage changes in paragraph 16.12 on page five paragraph 3.12 on page 21. i Meridian City Council January 5, 1999 Page 26 Bird: Second. • Corrie: Okay motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law and Decision and Order granting application of annexation and zoning on item number 15 with the deletions and insertions of the appropriate language as made in the motion. Gigray: Mr. Mayor point of information just to ensure that I would be following the action of the Council, what I would propose to do then would be to change the phrase in part three of the decision and order to read detailed site plans are to be prepared by the applicant of any improvement upon subject real property be reviewed and approved by Planning and Zoning Commission which plans will be complied with as follows and then it would just be that list. If that's what you wish to do. Rountree: I think it's superfluous and redundant that it cites "development" but yeah. That would be correct. (Inaudible — off the microphone) Corrie: You're not going to change anything. You just want to comment on it. Any further discussion on the motion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Robnett: Yeah, just to keep me from having to call Shari up at 8:00 in the morning and explain all this to me. So I have the option of posting a bond for the ditch. I don't feel that it's economical to hire somebody to go out there to do a study. We've got everybody from we don't want the ditch tiled at all to a 60 inch pipe; is that correct? So that I can just post a performance bond for it. Now I have spoken with the gentleman at Nampa Meridian Irrigation, Bill Henson, and what their standard requirement is for that ditch is 36 inch concrete reinforced non -jointed fabric cloth gravel packed pipe. It's not just a matter of throwing in a 36 inch pipe. They want the water to be able to infiltrate. They want it semi -purified when it comes in and everything, and I've done this very elementary. I went to the gentleman. He's very aware of the project. He knows exactly where I'm at. He's been out there, and with that information I went to MASCO, who is a reputable contractor here in town and got them to give me an estimate on doing all of the above. Concrete reinforced pipe, gravel pack, filtration, cloth and everything. Can I use that estimate based on if it's tied to lot and block and width of the lot. There was some indication that it needed to go 20 feet passed and I asked Nampa Meridian and they said no, that's not their requirement. They're not even actually requiring the ditch to be covered at this time. They did say that they would find it very cumbersome if one Meridian City Council January 5, 1999 Page 27 guy did his, three stores down the next guy did his, and they would like to see if and when it ever got done that it be done from Eagle Road in a continuous manner until you got to another open space. And do when I post the owner of the property will post a letter of credit and is Meridian City the beneficiary of that letter or is it more specific Nampa Meridian? Bird: The City — Robnett: And the other plans and specifications the other requirements that were on there, then I submit those to Shari Stiles or the building department? Bird: Public Works. Robnett: Just that you and I have gone over it and everything is pretty much okay, but there was a request in there for submitting a set of plans. Stiles: Are you talking plans for the ditch itself? Robnett: No, plans for the building to check our setbacks — Stiles: That's done, it's in place, everything else is -- Robnett: Fine, okay. Corrie: I have one question for Mr. Rountree. Your insertion that under the jurisdiction of the U.S. Army Corps of Engineers the developer provide the size which would be 48 inch or greater post a significant bond. Is that just a letter from him say it would be? Is that what you are asking? Rountree: Yeah if he could provide a letter from an engineering firm or Idaho Transportation Department if they do the study and say it needs to be 60 inches. That's public record if you could supply that to the City. That would be great information. That wouldn't cost you more than a phone call. Robnett: Well I might do that — I looked I mean I've been out there for five months looking at that project, and I too just have an opinion. But it looks like if you put a 36 inch pipe with no irrigation in there, it would be half full right now today. So there's a significant amount of water going through there. Thank you. Bird: Thank you Ray. 16. DEVELOPMENT AGREEMENT — OLSON BUSH INDUSTRIAL PARK: 0 n BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF RAY ROBNETT, 3036 LANARK STREET,) THE APPLICATION FOR ANNEXATION AND ) ZONING OF .96 ACRES FOR OLSON BUSH ) INDUSTRIAL PARK, MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 15, 1998, at the hour of 7:00 o'clock p.m., the Applicant, Ray Robnett, having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 15, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT public service announcements; and the matter having been duly considered by the Ccity Council at the December 15, 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 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately .96 acres in size. The property is located at 3036 Lanark Street, Meridian, Idaho. 5. The Applicant is acting on behalf of an authorization by the record owner of the property Mark Nelson of 244 Constitution Way, Idaho Falls, and has filed a written request for annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 6. The property is presently zoned by Ada County as Limited Industrial (M-1), and contains a newly constructed commercial building. 7. The Applicant requests the property be zoned (I -L), Light Industrial. 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The property is located at 3036 Lanark Street, Meridian, Idaho. 10. The proposed site of the subject property is north of Franklin Road and east of Eagle Road. The Union Pacific Railroad runs adjacent to the northern border of the property site. 11 The city limits of the City of Meridian are adjacent and abut on the east and north sides of the subject real property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 15. The applicant proposes to develop the subject property as an office/warehouse. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 16.1 The City of Meridian owns and maintains a water main in Lanark Street adjacent to the subject site. At this time sewer service is not available; however, the Van Auker sewer extension will provide service to the site via Lanark Street. 16.2 The applicant received approval of a conditional use permit by Ada County to construct an 8,000 -square -foot office/warehouse for Wheel City, Inc. A minimum 35 -foot front setback is required in the I -L zone. That plans be provided to the City even though Ada County may have already issued a building permit. 16.3 All construction shall meet the all Codes applicable to commercial property which have been adopted by the City. Construction needs to meet ADA requirements for handicap accessibility. 16.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parking areas are to be paved. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414D. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 16.7 Outside lighting shall be designed and placed as not to direct illumination on any nearby residential areas or cause glare, in accordance with City Ordinance Section 11-2-414D3. 16.8 If none are existing, five -foot -wide sidewalks shall be installed along the Lanark Street frontage and within the property in accordance with City Ordinance 11-9-606B. 16.9 Provide screened trash enclosure per City Ordinance Section 11-2-414A3. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 16.10 No signage has been proposed, and none is approved with this application. 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. All signage shall be subject to design review. No temporary, A -frame or flashing signage will be permitted. Non -conforming signage will be removed by the City upon 3 days' notice to the applicant. 16.11 All outdoor storage of equipment and materials shall be screened from view. 16.12 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located within a 55' easement across the northern portion of the property. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. This condition shall not apply if the Developer can establish to the satisfaction of the Public Work's Director that the subject ditch is a natural body of water under the jurisdiction of the U.S. Army Corps of Engineers or the Developer provides an engineering study that establishes that the tile size required is 48" or greater or posts a sufficient bond for future tiling. 16.13 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. 16.14 Detailed site plans are to be prepared by the applicant for any improvements upon the subject real property to be reviewed and approved by the Planning and Zoning Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 16.7 Outside lighting shall be designed and placed as not to direct illumination on any nearby residential areas or cause glare, in accordance with City Ordinance Section 11-2-414D3. 16.8 If none are existing, five -foot -wide sidewalks shall be installed along the Lanark Street frontage and within the property in accordance with City Ordinance 11-9-606B. 16.9 Provide screened trash enclosure per City Ordinance Section 11-2-414A3. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 16.10 No signage has been proposed, and none is approved with this application. 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. All signage shall be subject to design review. No temporary, A -frame or flashing signage will be permitted. Non -conforming signage will be removed by the City upon 3 days' notice to the applicant. 16.11 All outdoor storage of equipment and materials shall be screened from view. 16.12 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located within a 55' easement across the northern portion of the property. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. This condition shall not apply if the Developer can establish to the satisfaction of the Public Work's Director that the subject ditch is a natural body of water under the jurisdiction of the U.S. Army Corps of Engineers or the Developer provides an engineering study that establishes that the tile size required is 48" or greater or posts a sufficient bond for future tiling. 16.13 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. 16.14 Detailed site plans are to be prepared by the applicant for any improvements upon the subject real property to be reviewed and approved by the Planning and Zoning Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 17J • 16.15 City Council is to approve all water hookup while the Applicant proceeds with annexation and zoning. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 16, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 18.1 A minimum 35 -foot front setback is required in the I -L zone. 18.2 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as required. 18.3 Five -foot -wide sidewalks to be installed along the Lanark Street frontage and within the property. 18.4 All signage shall be in accordance with the standards set forth in Section 111- 2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall be subject to design review. No temporary, A -frame or flashing signage will be permitted. These conditions shall be in addition to the requirements of Meridian's signage ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 19. The applicant requested zoning of the subject real property as Light Industrial (I -L) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as commercial. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. The development of the property as a (I -L) Light Industrial, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (I -L) Light Industrial District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 22. There are no major or scenic features of major importance that affect the consideration of this application. 23. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 23.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 23.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 23.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 23.4 The application is consistent with Meridian's self identity. 23.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 23.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23.7 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 23.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 24. The property can be physically serviced with City water and sewer, if applicant extends the lines. 25. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 26. This application is for annexation and zoning of Lot 4, Block 1 of the existing Olson Bush Industrial Park Subdivision. The legal description for annexation included in the application appears to describe the subject site; however it is not tied to recognized FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT government corners as required by the State Tax Commission. Applicant shall submit a revised legal description that references the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50- 222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED -PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed -planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Mao The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map — Generalized Land Uses, . . The land use element is based upon these objectives: 4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 4W 4W 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. (Emphasis added.) 4. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road, North of Overland, is listed as a principal arterial 5. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4AU Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of Light Industrial, (I -L) is defined in the Zoning Ordinance at 11-2-408 B. 14. as follows: (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT office/warehouses are listed as permitted for offices and warehouses as conditional uses in the Light Industrial (I -L) District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed -Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of Lot 4, Block 1 of the existing Olson Bush Industrial Park Subdivision. The legal description for annexation included in the application appears to describe the subject site; however it is not tied to recognized government corners as required by the State Tax Commission. Applicant shall submit a revised legal description that references the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (I -L) Light Industrial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Detailed site plans are to be prepared by the applicant for any improvements upon the subject real property to be reviewed and approved by the Planning and Zoning Commission and which plans shall comply with the following: 3.1 The City of Meridian owns and maintains a water main in Lanark Street adjacent to the subject site. At this time sewer service is not available; however, the Van Auker sewer extension will provide service to the site via Lanark Street. 3.2 The applicant received approval of a conditional use permit by Ada County to construct an 8,000 -square -foot office/warehouse for Wheel City, Inc. A minimum 35 -foot front setback is required in the I -L zone. Staff is uncertain if all City Ordinances are being met and requests that plans be provided to the City even though Ada County may have already issued a building permit. 3.3 All construction shall meet the all Codes applicable to commercial property which have been adopted by the City. Construction needs to meet ADA requirements for handicap accessibility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT 3.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parking areas are to be paved. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.6 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414D. 3.7 Outside lighting shall be designed and placed as not to direct illumination on any nearby residential areas or cause glare, in accordance with City Ordinance Section 11-2-414D3. 3.8 If none are existing, five -foot -wide sidewalks shall be installed along the Lanark Street frontage and within the property in accordance with City Ordinance 11-9-606B. 3.9 Provide screened trash enclosure per City Ordinance Section 11-2-414A3. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 3.10 No signage has been proposed, and none is approved with this application. 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. All signage shall be subject to design review. No temporary, A -frame or flashing signage will be permitted. Non -conforming signage will be removed by the City upon 3 days' notice to the applicant. 3.11 All outdoor storage of equipment and materials shall be screened from view. 3.12 Any exisitng irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located within a 55' easement across the northern portion of the property. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT Public Works Department. No variances have been requested for tiling of any ditches crossing this project. This condition shall not apply if the Developer can establish to the satisfaction of the Public Work's Director that the subject ditch is a natural body of water under the jurisdication of the U.S. Army Core of Engineers or the Developer posts a sufficient bond for future tiling. 3.13 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 fro non-domestic purposes such as landscape irrigation. 3.14 A development agreement should be required as a condition of annexation. If applicant complies with all City requirements, such an agreement may not be needed. 3.15 City Council approve water hookup while the Applicant proceeds with annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held January 5, 1999. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED P. COUNCILMAN CHARLIE ROUNTREE VOTED 114— COUNCILMAN GLENN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B ity Clerk Dated: msg\D:\MyFiles\Meridian City File\Findings3\Annexation and Zoning FF\OLSON BUSH INDUST PARK FF FOR CC AZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 RECEzv�+ D AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT CITY OF MERIDIAN 6 0 MERIDIAN CITY COUNCIL MEETING: JANUARY 5, 1999 APPLICANT: RAY ROBNETT ITEM NUMBER: 15 REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK AGENCY COMMENTS CITY CLERK: :� A,rtW iOD 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: All Materials presented at public meetings shall become property of the City of Meridian. • 0 Meridian City Council Meeting December 15, 1998 Page 40 and submit it. He doesn't have to wait 18 months. And it might facilitate his interest to do so, so that's incorporated in the planning of the city. So that's started. Rountree: Correct. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: 3 ayes. 1 nay. 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT — 3036 LANARK STREET: Corrie: I'll open the public hearing and staff report on this request for annexation. Stiles: Mr. Mayor and Council, if you'll remember a request was made for hook up to water service in the Olson Bush Industrial Park for Wheel City. The applicant agreed to apply for annexation as a condition of the city granting that hookup. The building is constructed, it's occupied. They did change their plan so that it would meet with city ordinance requirements. The major issue that remains as far as city ordinance is the Evans Drain is contiguous to the northern boundary of this property or is contained within the northern boundary of this property. It is very deep and seems to have a lot of ground water coming through it. If you'll recall this is the same drain that runs adjacent to the RC Willey site. I believe that was probably the main issue that remains on the annexation of the property and what we're going to do with that and maybe it's something that requires more study with the irrigation district and probably the Bureau of Reclamation and water resources, but it's a big one and it seems to contain a lot of water. I think Nampa Meridian Irrigation District said it could be contained in a 36 inch pipe, but at least the times that I've been out there it seems like a whole of water to be running through it and I'm not sure Nampa Meridian even knows how much water is coming through that at any time. Rountree: Shari that particular issue really has no bearing on the annexation. It would be subject to a variance depending on — Stiles: It's an ordinance. It's an ordinance requirement. I don't know what would trigger actual piping of that unless they want to get some kind of a permit and if they wanted to get some kind of a permit in order to meet zoning compliance the ditch would have to be piped unless the Council would waive that requirement. Rountree: Was there not an agreement to do the development to comply with the city ordinances? Meridian City Council Meeting December 15, 1998 Page 41 Stiles: Yes, with that exception. Rountree: That was excepted? Stiles: That was their objection. They did not want to do that at least until the contiguous properties also did it. It would just be one section there. Rountree: Now I remember. Corrie: Mr. Smith, any comment? Smith: Mr. Mayor and Council, I guess I don't have any other comments other than what Shari has presented to you. I think they are connected to water at this time, and they will be hooked to sewer when the sewer extension is completed. Corrie: Okay, thank you. Testimony from the applicant. RAY ROBNETT 1011 S. STAR ROAD, STAR, IDAHO Robnett: Just a couple of points of clarification. We don't have water yet. We have opted to probably not that it was our choice to get it right now anyway, but we are going to wait until Masco is bringing the sewer line down the street. I meet with them probably once a week, and they're probably 30 days out. They will do our sewer connection and our water connection at the same time providing we get approval for that water meter. You know I know it's late and I don't want to belabor this point. There was 15 conditions of approval on that annexation and I made an appointment with Shari and took her out there and we comply and I think I'm right in saying this with everything. Setbacks, all your parking lot, your landscaping, everything that's there, and we simply are annexing into the city in order to get this water meter because we are in Ada County, and this is a tough lesson to learn. We came to Meridian City first and asked for a building permit and they sent us down to Ada County. We went through their traffic development plan and through all of their procedure, obtained our building permit there. We're told that we could either pay double assessment fees or annex into the city and that's a truth. Nobody lied to us or deceived us or anything but with that we took that that was our decision to either pay double fees or annex into the city. I was not aware that we even had a problem until the building. We were well underway because Ada County gave us our building permits. I called Bruce Freckleton and said I'd like to come down and pay my double assessment fees and get my water meter. We need water, and that's when he informed me that we weren't going to get a water meter. We had been denied that and basically the choice of double fees or annexation is not my choice but your choice to choose. So anyway I can comply with everything in there. Tiling the ditch, I've got three letters here from the Nampa Meridian Irrigation. I've gone out and talked to them. They said if you want to cover the ditch you can fence it, you can park on it, we're not 0 Meridian City Council Meeting December 15, 1998 Page 42 requiring that you cover it. In fact the last letter we got from them said they had no comment on it. They had commented on it three times and they had nothing more to say. I'm sure you can go out there and say are you sure you don't want the thing — wouldn't you really like to have it covered and we could probably get them to say yeah, we probably ought to have it covered. But the three non solicited letters that we gave, they don't want it covered. I have one engineer that had looked at it and said it takes a 48 inch pipe to carry the water. I took Shari out there. Her and I both stood on the bank and look down and there's a lot of water running through there and it's not even irrigation season. So I'm really — I will comply with the others. I would like to — as far as not having to comply with that — it's item number 13 on there tiling the ditch. Is that not what the meeting is about? Rountree: The meeting is on the annexation. Robnett: That's right and in order to annex one of the ordinances is tiling. Okay. Corrie: Well actually what you did with RC Willey is had a bond for that. Whatever had to be done later. There's a lot of controversy on whether it's 48 or 50 or 26 or what it is. But the RC Willey project, they bonded for that for a later period. Robnett: See had I known that I could have gone to my client and I could have said it's about $14,000. 1 could have gone to him and I could have said you know we've got this ditch here you can bond for it or you can put up the money. Someday you're going to have to do it. He was at his last location for 15 years, so I can assume he'll be here for a while. But when we went to Ada County, we went through all of the process. I even came in after I was under construction and knew of the problem and went in and spoke with Brad in the Planning and Zoning, and I said Brad if a fellow has a lot in Ada County and he wants to get Meridian City water, I said how does he do that? And he says you either pay double assessment fees or annex into the city. And I said really? And he says yes, double fees or annex into the city. (End of Tape) Robnett: ...that is true, but that is not my choice to make, but based on that decision I went through at Ada County. The building is done. The people are not in it. I mean we can't get in until we have sewer and water, and it's done. We can't get our final inspection or certificate of occupancy because we can't prove that we have permanent sewer hookups. So anyway it's kind of a — I mean I will wind up if that ditch has to be tiled or the bond has to be posted, it will be me that's doing it. The owner is showing no interest in paying for it doing it. Bentley: I will tell you what my feelings were on this ditch and what I told at the RC Willey. I'm really concerned about the tiling of all the ditches because it's one means we have to recharge the water aquifer. And with all the farmland going out with irrigation we could wind up with a problem with the water aquifer. My feeling is I'd like to Meridian City Council Meeting December 15, 1998 Page 43 see it stay open. It's a year round ditch. It has amenities to the ducks and the geese and so on and so forth and it's also attached to the railroad right-of-way which we're trying to preserve and we're working towards preserving. The issue we did with RC Willey, we had them bond for it and if it comes down to we get an actual feel that it needs to be done and tiled, then we could move forward with that. It may come to the case where it doesn't get tiled, but right now we can't say yes or not that it is or isn't going to be tiled. As the Mayor said, there's a lot of controversy as to how much water is in there and where it's coming from. And as you've stated the irrigation season over and we still got a lot of water coming down there. So that's kind of where we were with RC Willey and we just told them to go ahead and bond for it and if the decision is made down the way that it needs to be tiled, then we address it then. Robnett: That's very clear. Do you understand my point that I really don't feel like I should be here at all annexing in because I was told I could pay double assessment fees or annex into the city. I chose to pay those double fees. I built my building to Ada County standards under all their ordinances, which do comply, but I have a trump card here and that's the water meter and the trump card is that I have to annex into the city and when I do that then I fall under these ordinances that are requiring me to either bond or tile the ditch. And if I'm understanding you correctly you're saying that we possibly could bond for that. But I think it certainly the day will come when it will have to put in. Bentley: Myself, I'm not that sure. Rountree: In terms of clarification the request came to the Council for double fees or annexation. We denied the double fees, which it's not as you pointed out earlier in your testimony it really isn't your call. The city has to approve doing that. And we denied that. We denied it because of the time and the situation out there that was going on with no movement towards sewer extension, no movement towards some other types of activities that were happening or not happening in the area. Since that time there's been some changes. It's one thing that's being brought out. Mr. Robnett is not asking, but would we reverse our previous decision on double fees. And then not pursue annexation on his part. Bentley: So what happens when we do the comp plan review and we go out and we start annexing, force annexing all the enclaves? Where is he at then? Rountree: I do not believe if we do that I'm not sure we could enforce all the existing ordinance or the subdivision ordinances. Bentley: But I mean that would be my question. Either legal would have to respond or if that's the correct — Meridian City Council Meeting December 15, 1998 Page 44 Rountree: I guess the other point and I brought this up the last time we brought up this particular body of water is it's my opinion that this is a regulated body of water. It's not an irrigation ditch. Whoever does what out there is going to have to have the approval of the Federal Government to cover it, tile it, do whatever it is they want to do with it. I haven't had that answer brought before the Council but I believe that's probably going to be what's happening. Bill, you had a comment. Gigray: Mr. Mayor and Councilman Rountree I suggest you might ask and I don't know if Gary Smith, the Public Works Director, is in a position to answer the question if these people already have their building permit and have constructed their building whether or not city ordinance 11-9-605M would even apply if they've already received permission of Ada County and have completed their development. I don't know that this is operational. I'm not that familiar with that code section. It might clarify this question. Smith: Mr. Mayor and Counselor, you'll have to tell me what the section is. I don't recognize the number. Gigray: 11-9-605M is the one that I'm looking from the recommendation of Planning and Zoning. Smith: What's the title of that? Bird: It's the property the tile for the ditch to be tiled. Smith: It's tiling of ditches. Bird: Yeah. Smith: Well it's a city ordinance. If the property is not in the city, then it's not enforceable is it? Bird: But if the building is built what we're asking if the building is already built Gary and we annex them in, then do they have to go under that ordinance as far as tiling it and there has been no variances asked on this annexation regarding the tiling of the ditch. That's what we're questioning. Smith: I understand. Right. I can't answer that. I don't know. Gigray: (Inaudible) it's my recollection that usually those tiling requirements are tripped by some kind of development that's going on. If the development has already occurred it may not trip it. Bentley: So in essence you're saying that he's grandfathered? Meridian City Council Meeting December 15, 1998 Page 45 Gigray: Well that would be the case. It may just be we ought to look at the ordinance just to see what it says. Rountree: Not to go off in another direction, but it's always been my impression that on an annexation we could require it. We can require just about anything on an annexation request. Gigray: True. Bird: But we could also waive requirements too. Anderson: But if that's the case and the county's building ordinances are less stringent than ours, everybody would build their building first and then come ask for the annexation. Robnett: But that was clearly not the intent here. We came to you first. Smith: Mr. Mayor the title of chapter 9-605 1 guess that's how you reference that is designed standards, and I guess that you could look at that as standards that are required during the design of a project and maybe that's what Bill is looking at is if it's a project that has already been built then the application of these design standards to an existing facility may not be required. That's the question he's asking. But there's nothing specific that I can read under piping of ditches that talks about a completed project that's annexed being required to comply with the design standards of this section. Corrie: Shari you had something you wanted to say and then Mr. Bird. Stiles: Mr. Mayor and Council my only comment would be if they come in for — say they want to build a wall inside the building, they have to come to the Planning and Zoning Department first to get a certificate of zoning compliance even for a tenant improvement like that or minor approvals. It needs to be decided whether they're going to tile or not tile because if they decide to do that in the near future, or even down the line, it's going to come up again unless the ordinance is changed. Bird: Then they could request a variance or we could approve this with the variance of the tiling. Am I not right? Actually this is designed and went through the design review before it was ever annexed. So it's kind of grandfathered. Corrie: I think you are going to get into some trouble here if you decide it has to be tiled then you've got a variance already given that you don't tile a piece of it and the others Meridian City Council Meeting December 15, 1998 Page 46 do. I would see some conflict of interest there. You've got tiling and no tiling and tiling that's required by the others. Bonding and everything else. Robnett: But the building is finished. I mean — Corrie: I understand that. We're talking about the ditch now. Robnett: Right. Corrie: Whether it should be bond or the variance out. Any comments? Bird: Is there any other property along that ditch that's in the city besides RC Willey? Who? Stiles: There are lots within the subdivision that are already annexed. Bird: Have they tiled the ditch? Stiles: No. Even though it says in the Findings in the annexation ordinance is that they would meet all ordinances of the City of Meridian. Bird: That's what I'm saying. I mean we're not setting the precedence here. It's been done. That ditch, I agree with Councilman Bentley, that ditch is not an irrigation ditch. That is a drain ditch. Now where the water comes from, I don't think anybody knows completely. You got federal regulations before you start tiling that thing also like Charlie says. Council can do what they want regarding this, but as I know RC Willey is the first person that has been ever been asked to put up a bond for future covering of the ditch along that way that we have annexed. Am I not right? Stiles: They are also the only development that has occurred within the City of Meridian. Bird: Along that ditch. Stiles: Yeah. Bird: (Inaudible) before the development started. Stiles: Yes. Bird: The rest of them have been developed and then annexed. Stiles: Yes. Meridian City Council Meeting December 15, 1998 Page 47 Bird: That's right. Corrie: They're still required by ordinance to do that. Bird: None has been covered. Corrie: No. Bird: Okay. The only one that has been asked to put a bond up has been RC Willey, and they've been the only ones that have come into the city, annexed into the city first before they did their development, and that's just what that ordinance says. If it's in the planning stage, then you have the right to do it. The others are grandfather righted in. Corrie: Any other comments? Anything else you want to bring before the Council? Anyone else wish to testify in favor of the request? Anyone opposed to the request? Final testimony from the Council? Ready for the decision then? Bird: Mr. Mayor I move that we close the public hearing on the annexation and zoning of .96 acres Olson Bush Industrial Park by Ray Robnett. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public hearing on the annexation and zoning of the .96 acres Olson Bush Industrial Park. Further discussion.? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Discussion on the decision? The Council can either continue the public hearing, accept the recommendation from Planning and Zoning, modify it, or deny the annexation. Bird: Mr. Mayor I move that the Meridian City Council accepts the recommendation of the Planning and Zoning Commission and with the exception of item 1.6 on page 4 regarding the tiling of the ditch and that the attorney get this Findings of Fact and Conclusions of Law and be ready for 1/5/99 Council meeting. Corrie: Do I hear a second to that motion? Hearing none, motion died for lack of second. Is there any other motion? Meridian City Council Meeting December 15, 1998 Page 48 Rountree: Mr. Mayor I move that we have the city attorney Findings of Fact and Conclusions of Law and appropriate ordinances for the annexation of this property with the exception and including the recommendations of Planning and Zoning Commission with the exception of tiling the ditch and the condition of the tiling of the ditch or water body as stated would be required to be tiled unless it's determined by the applicant through coordination with the city that that body of water is considered a nature body of water under the jurisdiction of the U.S. Army Core of Engineers. If that be the case then tiling would not be required as an option to tiling the applicant could bond for the future tiling if in fact it is an irrigation ditch lateral canal or (Inaudible) ditch ordinance. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley, I hope it's on record because I don't want to (inaudible). Is there any further discussion on the motion? Hearing none, roll call vote. ROLL CALL VOTE: Rountree, aye. Anderson, yea. Bentley, yea. Bird, nay. MOTION CARRIED: 3 aye. 1 nay. Rountree: I guess just a point to the applicant is that if it in fact requires piping, but you can get engineering support that it would require something greater than 48 inch, we will waive that requirement. 14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOWEN, JR — SOUTH OF 1-84 & WEST OF HIGHWAY 69: Corrie: (Inaudible) You have the conditional use permit for the park in front of you. Any discussions at this point? Bentley: Mr. Mayor questions of staff. Stiles: We received a recommendation from the Planning and Zoning Commission to proceed with the request. They're trying to work with Gary on the water demand for the initial fill of the park. About the only conditions that the Ada County Highway District had were for some center turn lanes and they are revising their review comments to include a deceleration lane at least on Overland Road. They may have some slight modifications that are required as a result of our comments, but we are ready. Bentley: Thank you. O� 16.7 16.8 16.9 O9 utside li hting shall be designed and placed as nolt tog direct illumination with City any nearby residential areas or cause glare, Ordinance Section 11-2-414D3. be alo If none are existing, five -foot -wide sidewalks shale accordance wit gCty the Lanark Street frontage and within the property Ordinance 11-9-606B. Provide screened trash enclosure per City Ordinance Section tion 1 contractor, Coordinate dumpster site locations with Locate dumps e s so aslnot to impede fire access. Sanitary Services, Inc. 16.10 No signage has been proposed, and none is approved with this application. n Section 11-2- All signage shall be in accordance with the standar ent Ordinance. All signage 415 of the City of Meridian Zoning and Develop A -frame or flashing signage shall be subject to design review. No temporary, illbe removed by the City upon will be permitted. Non -conforming signag 3 days' notice to the applicant. 16.11 All outdoor storage of equipment and materials shall be screened from view. or adjacent to the property 16.12 Any exisitng irrigation/drainage dinan Ordinance 11-9-605M. The Evans Drain Plans will shall be tiled per City portion of the property within a 55' easement across theonortaherirngation/drainage district, or lateral need to be approved by the appropriate approval submitted to the users association, with written variances firmat havon e beenf said a requested for tiling Developer any Public Works Department. ditches crossing this project. This conditpl c Work's Director or that the subject can establish to the satisfaction of the Pu Core of ditch is a natural body of water under the jurisdiction for future tiling. y Engineers or the Developer posts a sufficient ect will existing domestic wells and/or septic systems ) y Ordinanthis pce JSection h5 7 ave 16.13 Any e g to be removed from their ed fro non-domestic service per epurposes such as landscape 517. Wells may be irrigation. to ment agreement should be reauired as ch a dagreement may not ition of annexation.not 14 A devenot16.14 A deve p If applicant complies with all City requirements, su be needed. FINDINGS OF FACT AND CONC AONG APPLICATION AND DECISION AND ORDER GRNT FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT C18.5)A development acireement may be required as a condition of annexation to insure that the development considerations herein found reasonable are enforced, but if applicant complies with all City requirements, such an J1 agreement may not be needed. 1g. It is the finding and policy of the City Council that agreements are difficult to that the City Council finds that a enter into prior to annexation ordinances being passed; , l Development agreement shall be entered into prior to the final plat being approved and prior to issuance of any building permits. 20. The applicant requested zoning of the subject real property as Light Industrial (I -L) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as commercial. 21. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 22. The development of the property as a (I -L) Light Industrial, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (I -L) Light Industrial District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 23. There are no major or scenic features of major importance that affect the consideration of this application. 24. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: FINDINGS OF FACT AND CONCLUSIGRANTIONS OF NG APPLICATION ON AND DECISION AND ORDER FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT I 0 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with V r the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which l pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If °property is annexed and zoned, the Citv may require ` or permit, as a condition of the zoning. that an owner or developer make a written commitment concerning the use or development of the subiect oropertv. If a commitment is required or permitted, it shall be recorded in the office of the Ada Countv Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 13. As a condition of annexation and the zoning of (I -L) Light Industrial, the Applicant shall enter into a development agreement as authorized by Sections 11-2-416 L FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT • C� and 11-2-417 D. of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the applicant enter into a Development Agreement for the development of the subject property, condition of annexation, a condition of zoning (I -L) Light Industrial, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK RAY ROBNETT • 0 MERIDIAN CITY COUNCIL MEETING: JANUARY 5 1999 APPLICANT: RAY ROBNETT ITEM NUMBER: 16 REQUEST: DEVELOPMENT AGREEMENT FOR OLSON BUSH INDUSTRIAL PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. REcE�D To: Mayor and City Council cc. Will Berg, City Clerk CITY OF 11ERIDIAN Shari Stiles, Planning and ZonjDcjDirector From: Bill Gigray, City Attorney Re: Regular Agenda City Counci a ting January 5,1999 Items 15-17 Date: 1-2-99 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Ray Robenett for the annexation and zoning of subject property as (I -L) , Light Industrial. You may take up agenda item 15 but a question exists which I have highlighted in the findings and conclusions. A question remains to be answered by the City Council which results from the form of the recommendation from Planning and Zoning which stated at section 1.8 "A development agreement should be re Findings of Fact and Conclusions of Law and Decision and Order granting application for Annexation and Zoning required as a condition of annexation. If applicant complies with all City requirements, such an agreement may not be needed." You need to decide whether a development agreement is needed. Note there are a number of places I have highlighted in the proposed findings that deal with this subject. Depending upon your action on whether to require a development agreement will also affect action on agenda item No. 16. We have prepared a draft for your consideration. Item No. 171 recommend that such action be tabled pending the supply of a property description that is in accordance with the requirements of part 1 of the Decision and Order approving annexation and zoning applications. Note this requirement is concerned with the legal description of the subject property. I am reluctant to draft an ordinance of annexation and zoning until the Public Works Director okay's the legal description. Meridian City Council Meeting December 15, 1998 Page 40 and submit it. He doesn't have to wait 18 months. And it might facilitate his interest to do so, so that's incorporated in the planning of the city. So that's started. Rountree: Correct. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: 3 ayes. 1 nay. 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT — 3036 LANARK STREET: Corrie: I'll open the public hearing and staff report on this request for annexation. Stiles: Mr. Mayor and Council, if you'll remember a request was made for hook up to water service in the Olson Bush Industrial Park for Wheel City. The applicant agreed to apply for annexation as a condition of the city granting that hookup. The building is constructed, it's occupied. They did change their plan so that it would meet with city ordinance requirements. The major issue that remains as far as city ordinance is the Evans Drain is contiguous to the northern boundary of this property or is contained within the northern boundary of this property. It is very deep and seems to have a lot of ground water coming through it. If you'll recall this is the same drain that runs adjacent to the RC Willey site. I believe that was probably the main issue that remains on the annexation of the property and what we're going to do with that and maybe it's something that requires more study with the irrigation district and probably the Bureau of Reclamation and water resources, but it's a big one and it seems to contain a lot of water. I think Nampa Meridian Irrigation District said it could be contained in a 36 inch pipe, but at least the times that I've been out there it seems like a whole of water to be running through it and I'm not sure Nampa Meridian even knows how much water is coming through that at any time. Rountree: Shari that particular issue really has no bearing on the annexation. It would be subject to a variance depending on — Stiles: It's an ordinance. It's an ordinance requirement. I don't know what would trigger actual piping of that unless they want to get some kind of a permit and if they wanted to get some kind of a permit in order to meet zoning compliance the ditch would have to be piped unless the Council would waive that requirement. Rountree: Was there not an agreement to do the development to comply with the city ordinances? Meridian City Council Meeting December 15, 1998 Page 41 Stiles: Yes, with that exception. Rountree: That was excepted? Stiles: That was their objection. They did not want to do that at least until the contiguous properties also did it. It would just be one section there. Rountree: Now I remember. Corrie: Mr. Smith, any comment? Smith: Mr. Mayor and Council, I guess I don't have any other comments other than what Shari has presented to you. I think they are connected to water at this time, and they will be hooked to sewer when the sewer extension is completed. Corrie: Okay, thank you. Testimony from the applicant. RAY ROBNETT 1011 S. STAR ROAD, STAR, IDAHO Robnett: Just a couple of points of clarification. We don't have water yet. We have opted to probably not that it was our choice to get it right now anyway, but we are going to wait until Masco is bringing the sewer line down the street. I meet with them probably once a week, and they're probably 30 days out. They will do our sewer connection and our water connection at the same time providing we get approval for that water meter. You know I know it's late and I don't want to belabor this point. There was 15 conditions of approval on that annexation and I made an appointment with Shari and took her out there and we comply and I think I'm right in saying this with everything. Setbacks, all your parking lot, your landscaping, everything that's there, and we simply are annexing into the city in order to get this water meter because we are in Ada County, and this is a tough lesson to learn. We came to Meridian City first and asked for a building permit and they sent us down to Ada County. We went through their traffic development plan and through all of their procedure, obtained our building permit there. We're told that we could either pay double assessment fees or annex into the city and that's a truth. Nobody lied to us or deceived us or anything but with that we took that that was our decision to either pay double fees or annex into the city. I was not aware that we even had a problem until the building. We were well underway because Ada County gave us our building permits. I called Bruce Freckleton and said I'd like to come down and pay my double assessment fees and get my water meter. We need water, and that's when he informed me that we weren't going to get a water meter. We had been denied that and basically the choice of double fees or annexation is not my choice but your choice to choose. So anyway I can comply with everything in there. Tiling the ditch, I've got three letters here from the Nampa Meridian Irrigation. I've gone out and talked to them. They said if you want to cover the ditch you can fence it, you can park on it, we're not Meridian City Council Meeting December 15, 1998 Page 42 requiring that you cover it. In fact the last letter we got from them said they had no comment on it. They had commented on it three times and they had nothing more to say. I'm sure you can go out there and say are you sure you don't want the thing — wouldn't you really like to have it covered and we could probably get them to say yeah, we probably ought to have it covered. But the three non solicited letters that we gave, they don't want it covered. I have one engineer that had looked at it and said it takes a 48 inch pipe to carry the water. I took Shari out there. Her and I both stood on the bank and look down and there's a lot of water running through there and it's not even irrigation season. So I'm really — I will comply with the others. I would like to — as far as not having to comply with that — it's item number 13 on there tiling the ditch. Is that not what the meeting is about? Rountree: The meeting is on the annexation. Robnett: That's right and in order to annex one of the ordinances is tiling. Okay. Corrie: Well actually what you did with RC Willey is had a bond for that. Whatever had to be done later. There's a lot of controversy on whether it's 48 or 50 or 26 or what it is. But the RC Willey project, they bonded for that for a later period. Robnett: See had I known that I could have gone to my client and I could have said it's about $14,000. 1 could have gone to him and I could have said you know we've got this ditch here you can bond for it or you can put up the money. Someday you're going to have to do it. He was at his last location for 15 years, so I can assume he'll be here for a while. But when we went to Ada County, we went through all of the process. I even came in after I was under construction and knew of the problem and went in and spoke with Brad in the Planning and Zoning, and I said Brad if a fellow has a lot in Ada County and he wants to get Meridian City water, I said how does he do that? And he says you either pay double assessment fees or annex into the city. And I said really? And he says yes, double fees or annex into the city. (End of Tape) Robnett: ...that is true, but that is not my choice to make, but based on that decision I went through at Ada County. The building is done. The people are not in it. I mean we can't get in until we have sewer and water, and it's done. We can't get our final inspection or certificate of occupancy because we can't prove that we have permanent sewer hookups. So anyway it's kind of a — I mean I will wind up if that ditch has to be tiled or the bond has to be posted, it will be me that's doing it. The owner is showing no interest in paying for it doing it. Bentley: I will tell you what my feelings were on this ditch and what I told at the RC Willey. I'm really concerned about the tiling of all the ditches because it's one means we have to recharge the water aquifer. And with all the farmland going out with irrigation we could wind up with a problem with the water aquifer. My feeling is I'd like to Meridian City Council Meeting December 15, 1998 Page 43 see it stay open. It's a year round ditch. It has amenities to the ducks and the geese and so on and so forth and it's also attached to the railroad right-of-way which we're trying to preserve and we're working towards preserving. The issue we did with RC Willey, we had them bond for it and if it comes down to we get an actual feel that it needs to be done and tiled, then we could move forward with that. It may come to the case where it doesn't get tiled, but right now we can't say yes or not that it is or isn't going to be tiled. As the Mayor said, there's a lot of controversy as to how much water is in there and where it's coming from. And as you've stated the irrigation season over and we still got a lot of water coming down there. So that's kind of where we were with RC Willey and we just told them to go ahead and bond for it and if the decision is made down the way that it needs to be tiled, then we address it then. Robnett: That's very clear. Do you understand my point that I really don't feel like I should be here at all annexing in because I was told I could pay double assessment fees or annex into the city. I chose to pay those double fees. I built my building to Ada County standards under all their ordinances, which do comply, but I have a trump card here and that's the water meter and the trump card is that I have to annex into the city and when I do that then I fall under these ordinances that are requiring me to either bond or tile the ditch. And if I'm understanding you correctly you're saying that we possibly could bond for that. But I think it certainly the day will come when it will have to put in. Bentley: Myself, I'm not that sure. Rountree: In terms of clarification the request came to the Council for double fees or annexation. We denied the double fees, which it's not as you pointed out earlier in your testimony it really isn't your call. The city has to approve doing that. And we denied that. We denied it because of the time and the situation out there that was going on with no movement towards sewer extension, no movement towards some other types of activities that were happening or not happening in the area. Since that time there's been some changes. It's one thing that's being brought out. Mr. Robnett is not asking, but would we reverse our previous decision on double fees. And then not pursue annexation on his part. Bentley: So what happens when we do the comp plan review and we go out and we start annexing, force annexing all the enclaves? Where is he at then? Rountree: I do not believe if we do that I'm not sure we could enforce all the existing ordinance or the subdivision ordinances. Bentley: But I mean that would be my question. Either legal would have to respond or if that's the correct — Meridian City Council Meeting December 15, 1998 Page 44 Rountree: I guess the other point and I brought this up the last time we brought up this particular body of water is it's my opinion that this is a regulated body of water. It's not an irrigation ditch. Whoever does what out there is going to have to have the approval of the Federal Government to cover it, tile it, do whatever it is they want to do with it. I haven't had that answer brought before the Council but I believe that's probably going to be what's happening. Bill, you had a comment. Gigray: Mr. Mayor and Councilman Rountree I suggest you might ask and I don't know if Gary Smith, the Public Works Director, is in a position to answer the question if these people already have their building permit and have constructed their building whether or not city ordinance 11-9-605M would even apply if they've already received permission of Ada County and have completed their development. I don't know that this is operational. I'm not that familiar with that code section. It might clarify this question. Smith: Mr. Mayor and Counselor, you'll have to tell me what the section is. I don't recognize the number. Gigray: 11-9-605M is the one that I'm looking from the recommendation of Planning and Zoning. Smith: What's the title of that? Bird: It's the property the tile for the ditch to be tiled. Smith: It's tiling of ditches. Bird: Yeah. Smith: Well it's a city ordinance. If the property is not in the city, then it's not enforceable is it? Bird: But if the building is built what we're asking if the building is already built Gary and we annex them in, then do they have to go under that ordinance as far as tiling it and there has been no variances asked on this annexation regarding the tiling of the ditch. That's what we're questioning. Smith: I understand. Right. I can't answer that. I don't know. Gigray: (Inaudible) it's my recollection that usually those tiling requirements are tripped by some kind of development that's going on. If the development has already occurred it may not trip it. Bentley: So in essence you're saying that he's grandfathered? Meridian City Council Meeting December 15, 1998 Page 45 Gigray: Well that would be the case. It may just be we ought to look at the ordinance just to see what it says. Rountree: Not to go off in another direction, but it's always been my impression that on an annexation we could require it. We can require just about anything on an annexation request. Gigray: True. Bird: But we could also waive requirements too. Anderson: But if that's the case and the county's building ordinances are less stringent than ours, everybody would build their building first and then come ask for the annexation. Robnett: But that was clearly not the intent here. We came to you first. Smith: Mr. Mayor the title of chapter 9-605 1 guess that's how you reference that is designed standards, and I guess that you could look at that as standards that are required during the design of a project and maybe that's what Bill is looking at is if it's a project that has already been built then the application of these design standards to an existing facility may not be required. That's the question he's asking. But there's nothing specific that I can read under piping of ditches that talks about a completed project that's annexed being required to comply with the design standards of this section. Corrie: Shari you had something you wanted to say and then Mr. Bird. Stiles: Mr. Mayor and Council my only comment would be if they come in for — say they want to build a wall inside the building, they have to come to the Planning and Zoning Department first to get a certificate of zoning compliance even for a tenant improvement like that or minor approvals. It needs to be decided whether they're going to tile or not tile because if they decide to do that in the near future, or even down the line, it's going to come up again unless the ordinance is changed. Bird: Then they could request a variance or we could approve this with the variance of the tiling. Am I not right? Actually this is designed and went through the design review before it was ever annexed. So it's kind of grandfathered. Corrie: I think you are going to get into some trouble here if you decide it has to be tiled then you've got a variance already given that you don't tile a piece of it and the others Meridian City Council Meeting December 15, 1998 Page 46 do. I would see some conflict of interest there. You've got tiling and no tiling and tiling that's required by the others. Bonding and everything else. Robnett: But the building is finished. I mean — Corrie: I understand that. We're talking about the ditch now. Robnett: Right. Corrie: Whether it should be bond or the variance out. Any comments? Bird: Is there any other property along that ditch that's in the city besides RC Willey? Who? Stiles: There are lots within the subdivision that are already annexed. Bird: Have they tiled the ditch? Stiles: No. Even though it says in the Findings in the annexation ordinance is that they would meet all ordinances of the City of Meridian. Bird: That's what I'm saying. I mean we're not setting the precedence here. It's been done. That ditch, I agree with Councilman Bentley, that ditch is not an irrigation ditch. That is a drain ditch. Now where the water comes from, I don't think anybody knows completely. You got federal regulations before you start tiling that thing also like Charlie says. Council can do what they want regarding this, but as I know RC Willey is the first person that has been ever been asked to put up a bond for future covering of the ditch along that way that we have annexed. Am I not right? Stiles: They are also the only development that has occurred within the City of Meridian. Bird: Along that ditch. Stiles: Yeah. Bird: (Inaudible) before the development started. Stiles: Yes. Bird: The rest of them have been developed and then annexed. Stiles: Yes. • Meridian City Council Meeting December 15, 1998 Page 47 Bird: That's right. Corrie: They're still required by ordinance to do that. Bird: None has been covered. Corrie: No. Bird: Okay. The only one that has been asked to put a bond up has been RC and they've been the only ones that have come into the city, annexed into he Willey, the before they did their development, and that's just what that ordinances city, first planning stage, then you have the right to do it. The others are grandfather If it's in the Corrie: Any other comments? Anythinger righted m. else you want to bring before the Council? Anyone else wish to testify in favor of the request? Anyone O Final testimony from the Council? Ready for -the decision thepposed to the request? Bird: Mr. Mayor I move that we close the public hearing on the anne of .96 acres Olson Bush Industrial Park by Ray Robnett. xation and zoning Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to close thepublic hearing on the annexation and zoning of the .96 acres Olson Bush Industrial Park.Furthe discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Discussion on the decision? The Council can either continue thepublic hearing, accept the recommendation from Planning and Zoning, modify it, or deny the annexation. Bird: Mr. Mayor I move that the Meridian City Council accepts the recommendation of the Planning and Zoning Commission and with the exception of item 1.6 on age regarding the tiling of the ditch and that the attorney p g 4 Conclusions of Law and be ready for 1/5/99 Council meetingFindings of Fact and a Corrie: Do I hear a second to that motion? Hearing none, motion di second. Is there any other motion? ed for lack of Meridian City Council Meeting December 15, 1998 Page 48 Rountree: Mr. Mayor I move that we have the city attorney Findings of Fact and Conclusions of Law and appropriate ordinances for the annexation of this property with the exception and including the recommendations of Planning and Zoning Commission with the exception of tiling the ditch and the condition of the tiling of the ditch or water body as stated would be required to be tiled unless it's determined by the applicant through coordination with the city that that body of water is considered a nature body of water under the jurisdiction of the U.S. Army Core of Engineers. If that be the case then tiling would not be required as an option to tiling the applicant could bond for the future tiling if in fact it is an irrigation ditch lateral canal or (Inaudible) ditch ordinance. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley, I hope it's on record because I don't want to (inaudible). Is there any further discussion on the motion? Hearing none, roll call vote. ROLL CALL VOTE: Rountree, aye. Anderson, yea. Bentley, yea. Bird, nay. MOTION CARRIED: 3 aye. 1 nay. Rountree: I guess just a point to the applicant is that if it in fact requires piping, but you can get engineering support that it would require something greater than 48 inch, we will waive that requirement. 14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOWEN, JR — SOUTH OF 1-84 & WEST OF HIGHWAY 69: Corrie: (Inaudible) You have the conditional use permit for the park in front of you. Any discussions at this point? Bentley: Mr. Mayor questions of staff. Stiles: We received a recommendation from the Planning and Zoning Commission to proceed with the request. They're trying to work with Gary on the water demand for the initial fill of the park. About the only conditions that the Ada County Highway District had were for some center turn lanes and they are revising their review comments to include a deceleration lane at least on Overland Road. They may have some slight modifications that are required as a result of our comments, but we are ready. Bentley: Thank you. 0 MERIDIAN CITY COUNCIL MEETING: DECEMBER 15, 1998 • APPLICANT: RAY ROBNETT ITEM NUMBER: 13 REQUEST: ANNEXATION & ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL 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 All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission November 10, 1998 Page 70 MacCoy: You can go home and tell your wife she has a place to work. Rossman: Mr. Chairman, a point of clarification, was the comment regarding one of the departments comments as not being applicable, so we can follow up on that, which one was that? MacCoy: That was water. Rossman: Water department? Okay. Borup: I thought it was sewer. Oh, on the reduce pressure back flow assembly. MacCoy: We have both directions, we have the use of water, plus. (Inaudible) quantities... Borup: They could pressurize irrigation there. MacCoy: I think that is probably true, but that's water control. Borup: That's from the sewer department. ITEM NO. 15: REQUEST FOR ANNEXATION & ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT — 3036 LANARK STREET: MacCoy: Staff? Stiles: Mr. Chairman, commissioners you have in your packets our comments. The comments that we have made are based mainly on the existing conditions here and ordinance requirements the applicant may have some comments on some problems he has. I think his main problem has to do probably with the Evans Drain that is located adjacent to the railroad tracks at the northern boundary of this property, but other than that, he can address if he has any problems with these comments. MacCoy: Is that it? Stiles: Yes. MacCoy: Is the applicant here? Come forward please. RAY ROBNETT, 1011 S. STAR ROAD, STAR, ID. WAS SWORN IN BY THE ATTORNEY. Meridian Planning & Zoning Commission November 10, 1998 Page 71 Robnett: We've requested for this property at 3036tr hookanark tup, watery meter to theo be annexed into the e' The primary reason for that is because we need wa history, but none the property. This project has quite a history to it, not all real charming C is less, we came into Meridian City. If you know where L n ark is a little streeknow t thereYlnwas you and Ron Van Auker's office over there just off of Eagle , sure that was in the City of Meridian so I came downme I wastold that t waso of Meridian like to make application for a building permit and at that City, but Ada County. I went down to Ada County and they said yes that is our jurisdiction and you need to do a traffic development sudy on hmonths Ada County property and then e fee can issue a building permit on it. So we paid the pent two Highway District did their traffic development study, we're required to put sidewalks in front. They only have three employees there, so it didn't ll f Wished with that and that took ave an adverse impact on the little infrastructure street there or Eagle Road. We 9 several months and I spent about $10,000 on architectural e owner in the mean tplans ad ime they called me, they said your permits are ready to pick p given notice, he's been 15 years down on Front Streetsaid b the way you teed ere, the bank loan is done—we are all ready to go and they Y approving your letter from Meridian City giving you Mleedian drainage District for the drainage.alth your septic system and from the Nampa tank roved. We did all of the Central District Health, that Was talkias just ng to Bruce anding our s n act There is going to be sewer there that thing going to happen. We went ahead and spent $1,000 at above ground sand mound system approved in the event that this thing doesn't go through. Central District Health three tmon tis project. Two was okay with that. Nampa/Meridian has been notifiet'one nghththe second one traffic development studies that I had to do—didn't dothe flrst we got right. Then for this meeting here tonight. hen I came th so it'suce all I've ever done in and I said before I had even started the project, I called up—I've done my life as a builder. I've done it for 25 years. I miss se buildings t a year and thngs, but a s it /Wee pretty thorough. We do about three or four of the are not big operators. So in covering my bases, I called and I said whathe city or pay do utile hook 9p t a water meter and he said you either ht $700 have said okay (nto fine t So knowing that I had to fees. He said If I rememberg � the double hook up either annex into the city which I didn't want to do, then 1,11 just pay fees. When I come down, I just walked into n his �withmB Bruce nfo med me that he k and I was going to pay the double hookup fees so I ca get my letterat all. I not only could not give me a letter, but that I had been d nimeterater meter never been to d d never been notified of any public hearing regarding a water that that choice to either annex into the city or pay double fees was not my choice, but it was either the commissioners or the City Council's decision. nformedlme'nt that went ere was just before I the City Council, right Bruce? I'm not saying that h lied for this annexation, I bit more to the story. When I did this annexation and app stopped and talked in Shari's office there to Bt the are nextd and I said Bo Mer rad if d�an City and they piece of property and they're in the county Y Meridian Planning & Zoning Commission November 10, 1998 Page 72 got to have Meridian City water, how do you do that? He said you have to either annex into the city or pay double fees. I said really? And he says yeah really, you just pay double fees or you annex in. That's the truth, but that'ss builot t and the way these hat I'm allowed to o. So here I am down there, I'm in Ada County, this building The staff comments conditions of approval are read, we are laying carpet in on Friday. is they are made in such a way that I'm going to build this thing a d I'll he ones that t all the conditions that Meridian City has. Well, as I 9 them, think we meet all really have concerns, setbacks, parking and landscaping and everything, those fine. I needed to get my letter. I went to the the owor and I explained my dilemma ner of the property stating that to him and he said if you will get me a letter from I will pe you that you will annex into the city, then I will give you a letter saying— 9 Y Nelson the Meridian City will not deny you water. The lel Cit Inc. of Idaho do wilat I got from Mr.lllfully rk agree to the owner, says I'm Mark Nelson owner of Whee City annexation of 3036 Lanark, Lot 4, Block 1, Olson Bush Industrial Park, City of Meridian annexation annex to the city of Meridian, I am the owner of the above described property. will thank you comply with all landscaping and parking bethe City of excel excellent contr b'uters to the for your timely consideration of this matter and we w area in the City of Meridian. I gave that—this letter addressed etter, I went to Ada Corrie. I gave that to him, when he had that in hand, he gave him a County I got a permit and I built the building. When what 1puttingh t into Me dia'nn the extend of it would be that I m dust taking y property and City, because it's Meridian City all around. There this of the requirements that we'veCounty. I thought it would be a fairly simple procedure Some been asked to comply with City of Meridian owns and maintains the water line and Lanark adjacent to the subject site at this time the sewer is not available, howeverent before e Van Auker sewer extension will provide sewer to the site. The applicant City Council to request service while outside of the ecity sal of denial of ity Councenied the applications, staff has not been informed of a il. It may be that annexation can take place prior to water We we've otice 'anotherdmonth a Iddon't need water service till around December. You know,g know how long it takes to get the annexation. I did get a letter from the mayor saying that I could have a water meter. I have a fire hydrantfire dept on the corner of my property. artment artment has no problem with it I have a letter in here saying that it does not—the p as far as the water is concerned. I understand that frustrating,d of fike are ahe twilight zone, small operation' -It's really been trying to work with it. Its extremely 9we me, my wife, we've got two boys and my brother. To take—Shari kind of implied when I first come up with the problem I sit down and had t in from the'th them. City of Merhdian aTey 'nd thein just get everything back from Ada County, annex i go back to the City of Meridian and reapply for your building permit. Well, that's a six month void in my work schedule. I don't have--I'm one, like whenStead th s is'doneSl'll go to the omebody that's got a bunch of buildings going. I've go next one. I can not stop, or could not stop and tmean? Does thatthe meantime. l'm going to one of the conditions, I don't know, what does tha 0 • Meridian Planning & Zoning Commission November 10, 1998 Page 73 d into the city? Does it mean that I'm going to—you get a water meter after I'm annexe know, the mayor asked me to—he says will you meetfoot all setback landscaping romthe frontage, well, and all the parking requirements? They want line, we've got a letter here from Central we are 40 foot. We are 10 foot from property _ District Health saying that we are okay. I've got a letter tfrom he fire o a on ng The the Meridian Fire Department will not have a problem with this Nampa/Meridian Irrigation, they have no comment on this because they've already commented on it twice. They have no problem with hat letter that I can w s to file thed ditch, they don't want you where they said its fine, they are not requiring u the ditch tiled. They said if we do file it and want topa to be a 48 inch piperk on it, that's okay, I'veugota a —oh $15,00 dollar item to tile that ditch because its got city here's one that really concerns me from the water department, takes placeen this aeds to develop another water source before anymore developmentI've got i brand Now, I've got a water/fire hydrant on the corner of my property. re ,it's about two years spanking new 8-10-12 inch line, 10 inch line in front of my property, ave years me old. I've got the fire department that says f„ s cou d mean a lot o rth ngs. County The cty needs a building permit and I don't know what to develop another water source, I know that there's Van Aukers next door and he's on a well. We do have city water and we are going to uhave vecity bors around there sewer. If any of y or ou drove by the project, it's a nice building. We've taken to 0 9 his annexation, we've shown them site plans, colors, we've worked request ng Ev please with the buildingerybody is Id . I wounot be here before you 9 annexation if I had understood or had gotten a more direct answer o Was said that you inal question. What do I need to do to gbl fees.er sOn'this project $700 wouldn't have hurt ce to my property. iteither annex into the city or pay do us, we could have just paid that and that's all I thought we needed. I really feelonk w h you know, this is my life, this is what I do. I feel like someone is playing ping p 9 it between Meridian and Ada County and � 9°there here about stuff. a11'm nthe'ot saying requirements. Shari and Bru --- I'm just g factual that they did do, didn't do, but all of this stuff that I'm talking is t is just f la'll tryl stuff be about—I don't even know how much my—excuse n brief. i don't know if it's best to be first or last, but I wound up seven months last and I rea sll j feel I I need to say what I come to say. I've been about s ix or don't even know what my latecomers fees are going to be on my water line. During that course I've called Bruce five, six, seven times take your e latecomer fees are going to bbut I do need to know. To this day I do not know what my on that water line. During any of those conversations, I was never told, by the h ter meter. You are not going to—yousomething you are not going to get a wathat he had that we decide or you have to be annexed into the th °e sna lot that Itcould ve been ° give me that information, but I feel like, not willfully, told that would've never brought me to this. II annexing h the bbit! I feel e city. think fl ke we great thing. It probably needs to be done. Clean up the area a are doing it, we're meeting most of the conditions, all the building department issues, I Meridian Planning & Zoning Commission November 10, 1998 Page 74 ndard don't have a problem with any of those. You know, we wa from prnot operty linng a es- Some building or any of block construction. We are ten feet a y of these conditions, I just have a problem with. Smith: Mr. Robnett, if I might interrupt you just a moment here. Robnett: You sure can. hand Smith: You are starting to repeat yourself and it is gettingelatinto water you've gone through this dissertation on how your only con g ou have hooked i pay double and you were told you have to annex into the city because—or y hook-up fees, but there seems to be some kind of ions about being annexed into the startingitch in there. Now you are to talk about you have a problem with these cond t city. I guess that I'm just confused here on about what the whole issue is here and maybe Bruce... (Inaudible) Smith: We've heard this on other applications tonight already. If you don't annex into the city you are paying double hook-up. If he doesn't annex into the city, is it true he can't get a water meter off the city? Freckleton: Commissioner Smith, members of the commission, the procedure is if you thth double hook-up fee are outside the city limits and you want water service, you pay the but it has to be under the approval of the City Council. City Council has to approve connections outside the city limits. During this wholletter requesting, understood to that because the owner of the building wrote a quest ng, making that City Council. It went to City Council, it was denied. (Inaudible) Borup: Could you elaborate on why it was denied? I don't think that has been brought out, does anybody know? Freckleton: I'll let Shari address that. (Unknown): It was recommended for approval wasn't it Bruce? Shari: No. Freckleton: I wrote a memo to the city clerk, he wrote me a memo ho a ki annexed, that ng me what my recommendation would be. I recommended that thepropertyshould through the city for should be the proper procedure. That way the application building permit, it would be built to city standards, parking qui remon. ents, landscape requirements, signage, the gamut. That wasmy men Meridian Planning & Zoning Commission November 10, 1998 Page 75 Robnett: See my understanding was that I could pay double fees, I'll give you $700 dollars more, I get my permit at Ada County and we are not having this discussion. Borup: You never understood that it had to be approved by City Council. written was Roid makebnett: Absolutely not, the letter that he's talking about that gotthe applicationcat written tt the city engineer. That actually aslready foregone andwas written to them, we under way. was not till the whole process Borup: I think Shari is going to comment on why City Council denied it. and Stiles: Part of the reason that they denied it was that the an Aualready d come in City wanted a building permit on some of the property that y ts in Council said until the sewer is there we are no going to allowy building per m'mun t on area. So when he came in with his request they saw that, you to try to get that sewer line through, I believe. Just because they denied the Van Auker building permit, felt they also needed to deny this one. Borup: What's the status of the sewer line now? Stiles: Hopefully construction within the next 90 days. De Weerd: They denied it after Ada County had approved his building and sent everything else. Stiles: It was during the same process. Robnett: See Ada County is where I make application for building permit because the lot is in Ada County. that if this comes up again he'll come to the Stiles: But Mr. Robnett is also well aware city first. Robnett: It doesn't go without learning something, I agree. De Weerd: The process you went through, you got a letter from the city saying that you would have that hook-up and that's how you got your building permit in Ada County. Robnett: I got a letter from the mayor. Borup: it appears the mayor wrote a letter and didn't have the authority to really... 0 • Meridian Planning & Zoning Commission November 10, 1998 Page 76 Page The mayor should have said I don't have the authority to do this. e city need s - Smith: Bruce can you talk to the comment by the water t can takthat e place in this area. development of their water service before any develop Borup: I have a question on that too. (Inaudible) Freckleton: It could be a 24 inch but still if you don't have the flow and the volume, its not there. s source for family center? The same water line? Borup: Is this (Inaudible) water Freckleton: its south of... Borup: Is it tied in? Freckleton: We have a pressure zone in the west or eastern end of town there. M h water for this, do we have enough water for Borup Y concern is if there is not enoug the family center? Freckleton: We are in the process of acquiring a well off hof wrork Iin ng on Road. it' our are hopes that that will alleviate this problem and Gary also working with consultants. We are trying to bring a n the south side of the interstatter main across the e which will connect up another pressure zone we have o to this side. All of these projects are all to alleviate this pressure flow problem. Borup: My questions still is if—a business with three employees is going to cause a hardship but a 800,000 foot complex doesn't? Freckleton: I would agree that this is a pretty minimal impact, compared to the family center. De Weerd: Because of that... e—I mean the water applies more to that than Borup: The family center needs the sam this. Freckleton: Correct. Borup: But either way it's still (Inaudible)... Meridian Planning & Zoning Commission November 10, 1998 Page 77 Freckleton: Correct. We have had some discussions with the developer of the family center regarding a well site. Robnett: So then the problem is being—in process of being solved? Freckleton: I believe that we are working on it, yeah. (Inaudible) Borup: Mr. Robnett you said there are 1items on staff recommendations. Care (Inaudible) problems with some of those? Robnett: Well, staff is uncertain if all city ordinances are being met and request that plans be provided to the city, even though Ada County may have already issued a building permit. They've not only issued a building permit, the building is done. Borup: Well, but—how can staff state that any different. Without seeing the plans there is no way they'd know if it met all the city ordinances. Robnett: Well, I agree with that, but what if there is something there that they do not like? I'm in Ada County, the lot is in Ada County. Borup: You address that at that time. Robnett: I agree with that, but do you see ere Icoming from Keith? I mean I'm over there in Ada County, I pulled out the (Inaudible)... Borup: No, I understand. Robnett: I've built it just like Ada County said to do it. Borup: Is that the only one that you've got a question on. Robnett: I don't think there is a real—I've made all the setbacks, I talked to Shari about all the setbacks, I meet those. Borup: Then there is probably not a concern be stated. Robnett: Everything else... A lot of stuff they do is stuff that needs to f� Meridian Planning & Zoning Commission November 10, 1998 Page 78 brought up anything that sounds like a problem with Borup: To me you haven't really any of staff comments. Robnett: I agree. Borup: Okay. I still—you know what I'm wondering? Why are we annexing one lot at a time? Why are the whole subdivision annexed at once? Robnett: I think this is the last lot. Borup: Not according to the plat that you submitted, or is in our packet. Freckleton: There are two additional lots west of this particular lot ush came in about t just to what i Olson Bush 'on for Olson ago, two or h three years ago. guessing, I think it was about three years Borup: Okay, the plat we've got shows them one to the south. It shows I -L to the three lots to the west or to the east rather. Freckleton: The lots that Ron Van Auker's offices sit on are annexed into the city. Borup: And he's south of Lanark? Freckleton: He's on the north side of Lanark, east of the subject site. Borup: Okay those are I -L. Those show that those got the – Freckleton: Correct. Everything else in Olson Bush No. 1 are in the County. Borup: Okay then there's only three lots righnow that are annexed. My question is still why wasn't the whole thing annexed at once? Freckleton: I made that comment as well back two or three years ago when they came in to annex Olson Bush No. 2. 1 said well let's take in all of it, and I don't recall off the top of my head what their reasoning was to not do that. I think it was e propertyon something th to do with the multiple owners of Ron aThere owns two or three other owners. I think he sou where YMC is and then Van Auker'spiece. that was probably the reason. Borup: That's not an instrumental problem. Freckleton: No, it's not. Meridian Planning & Zoning Commission November 10, 1998 Page 79 Smith: This whole plat is incorrect. Borup: No. Smith: It's all showing as being in the county. Borup: Yes, except for those three lots. Smith: Calling that I -L. That's not a city zone. Borup: Yeah, it is. Light Industrial. De Weerd: Can I ask a question. Is there any chance you can repeal this to City Council and they can clean up the mess the city started? Freckleton: I personally don't have a problem with the annexation. Nelson: That is my next question is the story is all interesting but can't we just approve the zoning then comes the city issue and the water? Stiles: Your biggest deal is the drain; is that right? Robnett: That's correct. Stiles: He needs to address that with the Council anyway. I mean I don't know why — Smith: In the form of a variance. MacCoy: So let's go ahead with it. Borup: That's the standard procedure. Smith: Well let's get this thing moved off the dime and get it up to City Council where it belongs. Borup: In the past City Council has hooked up city water with the stipulation that an annexation be applied for. Robnett: Right. Borup: It sounds like that's all we need to do here. Smith: Maybe they just issue of the process of what was — 0 0 Meridian Planning & Zoning Commission November 10, 1998 Page 80 Borup: That maybe. De Weerd: Politics. MacCoy: Let's move on. De Weerd: I would be in favor of making a motion to close the public hearing a voice. !l is said and done. I move that we close sorry. We need to let MacCoy: Is there anybody here that wants speak at do youhis or even want to do now t it? If not one s it's an open public hearing. Commissioners, w De Weerd: Mr. Chairman, I move that we close the public hearing. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: All right, what's the next motion? Smith: Mr. Chairman, I would like to make a motion that we Industrial Park. nd to City Council for approval of annexation and zoning of Borup: Could we also add and I don't know if it would make any difference, but recommend that they provide water hook up while that process is taking place and — MacCoy: You can say it. Smith: I would like to amend my motion to include that we recommend that they provide water hook up while — De Weerd: At the earliest possible date. Borup: Well recommend water hook up to the city on condition that the applicant proceeds with annexation. Rossman: Council is not going to be able to do anything any quicker than they can decide on the annexation anyway. Borup: Well yeah they can okay the water hook up. • 0 Meridian Planning & Zoning Commission November 10, 1998 Page 81 Rossman: When? Borup: Well at their next meeting. That would get it for them in time to open up. De Weerd: He needs it in December. Borup: Well the next meeting is in December. MacCoy: Let's keep moving here. Smith: That the motion be amended to include that the recommendation that City Council approve water hook up while the applicant proceeds with annexation and zoning. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 16: SITE PLAN REVIEW BY R.H AND MERIDIAN: MacCoy: Staff? VALLA — NW CORNER OF FRANKLIN Stiles: Mr. Larry Knopp and Mr. Rick Valla are here to present a site plan for your review. You have that in your packet.a hey've also letter from Mr.ot a Valla Vallaolor board here and some about some of the problems photographs of (inaudible) as well as for our consideration. he's experiencing with that piece of property y MacCoy: Okay is the applicant here? LARRY KNOPP 355 S. 3RD STREET, BOISE Knopp: I'm kind of at a loss. I guess why we're here is because we're in a — (inaudible — off the microphone) We're on a corridor for the city and the city has a requirement for minimum amount of landscaping in certain areas, and this piece of properly has been gone through many considerations. One of which we just I think got worked out the ACHD on some additional takings on right-of-ways. Egress and ingress into the property and I think we've got that taken care of. But it's compromised the site to a great degree and the City of Meridian policy or ordinance is looking at a 20 foot landscape condition I think from what I can tell from Shari Stiles on Meridian Road and MERIDIAN PLANNING AND ZONING MEETING: November 10 1998 ITEM NUMBER: 15 APPLICANT: RAY ROBNETT REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT SEE ATTACHED COMMENT tdllvj SEE ATTACHED COMMENT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 RON ANDERSON KEITH BIRD MEMORANDUM: To: From: Re: We have a licant. Planning & Zoning Commission, Mayor & City Council Bruce Freckleton, Assistant to City En inee� Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 November 6, 1998 RT cl:��D J1,� NOV 0 6 1998 -NIEEIDLAY Request for Annexation and Zoning to I -L of Lot 4, Block 1,01son Bush Industrial Park (0.96 Acre) by Ray Robnett reviewed this submittal and offer the following comments, as cf°, d or deleted by nditions of the pp These conditions shall be considered in full, unless expressly motion of the Meridian City Council: of Lot 4, Block 1 of the existing Olson Bush 1, This application is for annexation and zoning annexation plication Industrial Park Subdivision. The legal desc pttionri t tied to reognized government pcomers appears to describe the subject site; however as required by the State Tax Commission. Please submitdescrivtion shall be prepared bed legal description y references the recognized government corners. The legal P Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description n for N 686) ion must place this parcel contiguous to the Corporate City P the 2. The City of Meridian owns and maintains a water main n Lanark Street adjacent however, the Van Acker o er subject site. At this time sewer service is not available; extension will provide service to the site via Lanark Street. The applicant went before the the City Council to request service while outside the City ff of li denial by Cit Council ItMay application. Stts. City Council --- has not been informed of any reversal be that annexation can take place prior to water service being needed. 3. The applicant received approval of a conditional usepermit minimum 3L5 foot front setback ty to construct an 8,000 -square -foot office/warehouse for Wheel y, Inc. is required in the I -L zone. Staff is uncertain if all City Ordinances are being a ready issued to that plans be provided to the City even though Ada County may have building permit. All construction shall meet all Codes applicable to commercial property which have been 4. adopted by the City. Construction needs to meet ADA requirements for handicap accessibility. Robnett.AZ U U P&Z Commission/Mayor & Council November 6, 1998 Page 2 5. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. A Pa'�o az Sections paved. -4 flaving and and striping shall be in accordance with the 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6. 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. 7. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414.D. 8. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or cause glare, in accordance with City Ordinance Section 11-2-414.D.3. 9. If none are existing, five -foot -wide sidewalks shall be installed along the Lanark Street frontage and within the property in accordance with City Ordinance 11-9-606.B. 10. Provide screened trash enclosure per City Ordinance Section 11-2-414.A.3. Coordinate dnmpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. ignage 11. No signage has been proposed, and none is approved with this of the CAll ysof Meridian be in accordance with the standards set forth in Section 11-2-415 Zoning and Development Ordinance. All signage shall be subject to design review. No temporary, A -frame or flashing signage will be permitted. Non -conforming signage will be removed by the City upon 3 days' notice to the applicant. 12. All outdoor storage of equipment and materials shall be screened from view. 13. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The Evans Drain is located within a 55' easement across the northern portion of the property. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 14. 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. Robnett.AZ 0 0 P&Z Commission/Mayor & Council November 6, 1998 Page 3 15. A development agreement could be required as a condition of annexation. If applicant complies with all City requirements, such an agreement may not be needed. Robnett.AZ Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY LEGAL DEPARTMENT A Good Place to Live (208) 884-4264 CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT 33 EAST IDAHO (208) 887-2211 MERIDIAN, IDAHO 83642 D PLANNING AND ZONING Phone (208) 888-4433 • Fax (208) "Y' DEPARTMENT SEP 2 5 1999 (208) 884-5533 OI'L'Y OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MER To insure that your comments and recommendations Will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3 1998 TRANSMITTAL DATE: September 23 1998 HEARING DATE: November 10, 1998 MAMV REQUEST: ANNEXATION AND BY: RAY ROBNETT LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET MERIDIAN 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 _4<EITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT SIRE 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) IDAHO TRANSPORTATION DEPART ENT ADA COUNTY (ANN ION) / ) YOUR CONCISE REMARKS: 0 HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 884-4254 ROBERT D. CORRIE Council Members CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83 C'B D WWI i v L PLANNING AND ZONING Phone (208) 888-4433 •Fax (208) RON ANDERSON DEPARTMENT KEITH BIRD S F P 2 5 1998 (208) 884-5533 C--" r OF MERIMAY TRANSMITTAL TO AGENCIES FOR COMMENTSN MERIDIAN ELOPMENT PROJECTS WITH THE CITY O To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3 1998 TRANSMITTAL DATE: September 23 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK BY: RAY ROBNETT LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET MERIDIAN 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 RECLAMIATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) NE YOUR CONCISE REMARKS: / ` � 7atii� f HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live 8 Council Members CITY OF MERIDIAN PUBLIC W0 KS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY �. MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON �fr �a P ne (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD p DEPARTMENT C (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3. 1998 TRANSMITTAL DATE: September 23, 1998 HEARING DATE: November 10, 1998 REQUEST: ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK BY: RAY ROBNETT LOCATION OF PROPERTY OR PROJECT: 3036 LANARK STREET, MERIDIAN TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION BORUP, P/Z CENTRAL DISTRICT HEALTH _KEITH CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _ROBERT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _,GLENN ATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER _BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) DEPARTMENT _FIRE DEPARTMENT YOUR CONCISE REMARKS: "Tilt 0,, 42 /IGe-115 4D _ _POLICE ATTORNEY b r _CITY ENGINEER _CITY _CITY PLANNER`J2 /A10 CITY FILES 1?FcEyv'ED SEP 2 5 1998 CITY OF MERIDIAN CIF CENTRAL C DISTRICTHEAL NT DEPARTM Rezone # Conditional Use # Preliminary / Final / Short Plat W L DISTRICT HEALTH DEPA Environmental Health Division T Return to: Boise Eagle ❑ Gar n City Meridian una 'aACz 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. F1 4. We will require more data concerning soil conditions on this Proposal before we can comment. S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: El ❑ 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. g. After written approval from appropriate entities are submitted, we can approve this proposal for: C] central sewage ❑ community sewage communi system C] community water well g y ❑ 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: Elcentral sewage E]community sewage system C]community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. 0 1 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: [3food establishment El swimming care center swimming pools or spas ❑ El establishment El grocery store � G} Date: [] 14. �' Reviewed By: 6i%"1 Review Sheet CDND 10191 d, rev. 1191 5 October 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RF"IvED OCT - 6 1998 CITY OF MERIDIAN we�, t7wafare4o V 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Annexation and Rezone for Olson Bush Industrial Park - Robnett Properties Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ** TX CONF I RMATIO REPORT ** DATE TIME TO/FROM 08 11/09 15:44 2082869568 AS OF NOU 09 '90:50 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#t STATUS G3 --S 06'34" 009 163 OK NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (^_o8) 851-42E1 Council mernbcT[ CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING OEPARTh1ENT (109) 987•?: t l GLENN BENTLEY NIERIDUN, IDAHO 83642 Phone (208) 888.4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (1091 SU -5533 FACSIMILE COVER SHEET 'J��p TO: Fax Number: r�D�"( DATE: DELIVER TO: RwA TITLE/DEPARTMENT: ADDRESS: CONFIDENTL4L: YES NO TOTAL NUMBER OF PAGES (including cover sheet): FROM: CITY OIF,pMA ERIDIAN - Fax Number (208)887-4813 NAME: TITLE/DEPAR COMMENTS: - q �p %a Please call us if you do not receive all FAX transactions successfully. Phone number (208)888-4433 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) COMMENDATION RE OF RAY ROBNETT, 3036 LANARK STREET,) RECITY COUNCIL FOR ANNEXATION AND ZONING OF .96 )TO ACRES FOR OLSON BUSH INDUSTRIAL ) PARK, MERIDIAN, IDAHO ) INTRODUCTION 1. The property is approximately .96 acres in size. The property is generally located at 3036 Lanark Street, Meridian, Idaho. 2. The Applicant is acting on behalf of an authorization by the record owner of the property Mark Nelson of 244 Constitution Way, Idaho Falls, and has filed a written request for annexation and zoning. 3. The property is presently zoned by Ada County as Limited Industrial (M-1), and contains a newly constructed commercial building. 4. The Applicant requests the property be zoned (I -L), Light Industrial. 5. The proposed site of the subject property is north of Franklin Road and east of Eagle Road. The Union Pacific Railroad runs adjacent to the northern border of the property site. 6. The city limits of the City of Meridian are adjacent and abut on the east and north sides of the subject property. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. RECOMMENDATON TO CITY COUNCIL - Page 1 ANNEXATION AND ZONING — RAY ROBNETT — OLSON BUSH INDUSTRIAL PARK (.96 ACRES) 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property as an office/warehouse. 10. The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 11. There are no major or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 This application is for annexation and zoning of Lot 4, Block 1 of the existing Olson Bush Industrial Park Subdivision. The legal description for annexation included in the application appears to describe the subject site; however it is not tied to recognized government corners as required by the State Tax Commission. Applicant shall submit a revised legal description that references the recognized government corners. The legal description shall be RECOMMENDATON TO CITY COUNCIL - Page 2 ANNEXATION AND ZONING — RAY ROBNETT — OLSON BUSH INDUSTRIAL PARK (.96 ACRES) prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 1.2 The City of Meridian owns and maintains a water main in Lanark Street adjacent to the subject site. At this time sewer service is not available; however, the Van Auker sewer extension will provide service to the site via Lanark Street. 1.3 The applicant received approval of a conditional use permit by Ada County to construct an 8,000 -square -foot office/warehouse for Wheel City, Inc. A minimum 35 -foot front setback is required in the I -L zone. Staff is uncertain if all City Ordinances are being met and requests that plans be provided to the City even though Ada County may have already issued a building permit. 1.4 All construction shall meet the all Codes applicable to commercial property which have been adopted by the City. Construction needs to meet ADA requirements for handicap accessibility. 1.5 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parking areas are to be paved. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.6 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. 1.7 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414D. 1.8 Outside lighting shall be designed and placed as not to direct illumination on any nearby residential areas or cause glare, in accordance with City Ordinance Section 11-2-414D3. 1.9 If none are existing, five -foot -wide sidewalks shall be installed along the Lanark Street frontage and within the property in accordance with City Ordinance 11-9-606B. RECOMMENDATON TO CITY COUNCIL - Page 3 ANNEXATION AND ZONING — RAY ROBNETT — OLSON BUSH INDUSTRIAL PARK (.96 ACRES) 1.10 Provide screened trash enclosure per City ordinanceit Secttionolid wa1 contractor, Coordinate dumpster site locations with the y Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. proposed, and none is approved with this application. 1.11 No signage has been e with the All signage shall be in accordancelopment Ordinance. All signage 415 of the City of Meridian Zoning and Development shall be subject to design review. No temporary be removed by the City upon , A -frame or flashing signage will be permitted. Non -conforming signage 3 days' notice to the applicant. t and materials shall be screened from view. 1.5 All outdoor storage of equipmen 1.6 Any exisitng irrigation/drainage ditches crossing or The Evans Drain t to esproperty lo ated shall be tiled per City Ordinance 11-9-605M rtion of the property. Plans will within a 55' easement across the northern ottrirr gation/dra nage district, or lateral need to be approved by the appropriateroyal submitted to the users association, with written confirmation of said app Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.7 Any existing domestic wells and/or septic sste s within his pce jest will 5-7- ave to be removed from their domestic servicep Y 517. Wells may be used fro non-domestic purposes such as landscape irrigation. ition of 1.8 A development agreement should be regmsuch andagreement maylnot If applicant complies with all City requirements, be needed. Adopt the Planning and Zoning Commission Amendment as follows: 1.9 City Council approve water hookup while the Applicant proceeds with annexation and zoning. RECOMMENDATON TO CITY COUNCIL - Page 4 ANNEXATION IAND ONINNDUSTRIAG OLSON BU PARK (96 ACRES)