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HomeMy WebLinkAboutPatel, Kanti 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998 (special meeting) REQUEST: ANNEXATION & ZONING OF 1.66 ACRES IN R -T ZONE TO C -G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN 1-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, 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 PARKS DEPARTMENT 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 PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998 (special meeting) REQUEST: ANNEXATION & ZONING OF 1.66 ACRES IN R -T ZONE TO C -G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN 1-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, 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 PARKS DEPARTMENT 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 PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 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 June 17, 1998, for the purpose of reviewing and considering the application of Kanti Patel, for annexation and zoning of approximately 1.66 of land located in the E. Y2 of Section 17, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, and which property is generally located between 1-84, Eagle Road, Gentry Way and Allen Street. The Application requests a zone of C -G. Further, applicant requests a conditional use permit for a 3 story motel located between 1-84, Eagle Road, Gentry Way and Allen Street. A more particular legal 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 22"d day of May, 1998. ILLIAM G. BERG, JR., C LERK Orr PUBLISH May 29 and June 12, 1998. ��� �' Sm It w r Sri • P -j CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 8874813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SU13DMSION: XIS l ry V t t� 5 0 171 LJ BAST b r- A (-uE PJ GENERAL LOCATION: (4 o t -T 4 or- T - u TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Co M M�-7 0, G i A L ACRES OF LAND IN PROPOSED ANNEXATION: vR . (sG A t< PRESENT LAND USE:yA e.A t J [ (CA c� jy 12 E PROPOSED LAND USE: MOT P- L PRESENT ZONING DISTRICT:_ K U 12,p,.IZAty S I PROPOSED ZONING DISTRICT: G APPLICANT: 7 I 7� Q 19(- (C�A PHONE:1. ADDRESS: - 601 ,�'I 1� U► C � d /s E B'3'7a� F0ci-rO W LSE ENGINEER, SURVEYOR, OR PLANNER: PE5 t �N�U lS PHONE: ADDRESS: 22i b 2oA�D W .�.� j a t S �b A� !� 4:55 -7o(o OwNER(S) OF RECORD: KA "J T) F—A T (. _ clel- ADDRESS:RESS: P\) IQAUZ2 14 Si tune of Applicant ~ 0 04/16/98 0 I KANTI PATEL REQUESTING FOR ZONING AMENDMENT AND ANNEXATION FOR C-2 ZONE. y P�••L4y� psi '.�� �'"' •fit= �!°UBL��'o: pF;�Q.`��. BY KANTI PATEL lr G4C A NOTARY PUBLIC, DO CERTIFY THAT ON THIS j DAC F ,a p, ,'i 19 , PERSONALLY APPEARED BEFOR ME q,�,[;�,g= AND IS PERSONALLY KNOWN TO ME TO --BE THE PERSON WHOSE NAME IS SUBSCRIBED TO WITHIN TI S INSTRUMENT. BL I C SSION EXPIRES ON____o c�DDy • CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 88&4433 'Customer's Order No. Date 4— 1,.-98 Names VA ky, PO4P Address gg gSN- P0. rt Phone: SOLDBY CASH• I Ei If nQ C.O.D. CHARGE . E S C R I P T 1 0 FCC5 khneX ON ACCT. N, MDSE. RETD. PAID OUT to Lo n T ap I I I All claims artd eluXaed'goods Mll�Si bt`aceo44W by %this= iTt TAX I 0009014 By TOTAL TOTAL 4Z� log GS -202-2 PRINTED IN U.S.A. PpSdYjNK C`Q�,(/ • 0 PFMD01 98 M A S T E R U P D A T E Parcel R5443010122 Code Area 242_ Type Qty Name POST JAMES A 150 4.310 Buyer C/O Address PO BOX 1290 OLDSMAR FL 34677 - 0023 Last Change : 96/09/09 By AASR_KINSH Desc. LOT 12 EXC R/W Total MAGIC VIEW SUB AMD #0120-B 01183000012A 3N lE 17 4/16/98 15:35:38 Value ACTIVE_ 64650 Bank Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes 64650 Property Hardship 0 Zoning RT Address 00000 N_ EAGLE RD_ MERIDIAN ID Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax Exemption Flag _ D. D. _ Action: 01-10 SA MW KS IM II S1 AS400 KB 9 r PFMD01 98 M A S T E R U P D A T E Parcel R5443010154 Code Area 242 Type Qty Name BOTTLES MARK K & GERI G AND 150 4.250 JONES BURKE P 370 Buyer 990 C/O Address 875 S ALLEN ST MERIDIAN ID 83642 - 6255 Last Change : 98/03/25 By : ASR2_PERFE Desc. PAR #0154 OF LOT 15 Total MAGIC VIEW SUB AMD #0150-B #98018111 01183000015B 3N 1P 17 4/16/98 15:32:50 Value ACTIVE_ 55000 107000 Bank Code AM- 50000 - Prepaid L.I.D. _ Bankrupt _ Sub.Code H3 Annexation *NO Notes 112000 Exemption Hardship 0 Property Zoning RT Flag Address 00875 S_ ALLEN ST_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 - Action: _ F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax 01-10 SA MW KS IM II S1 AS400 KB PFMD01 98 M A S T E R U P D A T E 4/16/98 15:36:42 Parcel 51116233802 Code Area 03-8 Type Qty Value ACTIVE_ Name ST LUKES REGIONAL MEDICAL 210 37.520 490300 CENTER LTD 420 11941000 Bank Code Buyer C/O Prepaid Address 190 E BANNOCK ST _ L.I.D. _ Bankrupt BOISE ID Sub.Code —G7 83712 - 6241 Annexation *NO Last Change 96/06 17 By : ASR_KINSH Notes Total 12431300 Desc. SW4NW4 EXC R/W SEC 16 3N lE Exemption #233800 B #9308961 #9308960 #9308958 Grp 051 Typ 052 Ap #9308959 #9308957 #9308956 03N01E163802 3N lE 16 Hardship 0 Property Zoning L -O Flag Address 00000 N_ EAGLE RD_ MERIDIAN ID _ D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 _ Action: F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax _ 01-10 SA MW KS IM II S1 AS400 KB Property Owners within 300ft. St. Lukes Medical Center 190 E Bannock St. Boise, Ib 83712 James A Post P.O. BOX 1290 Oldsmar, FL 34677 Randy Joseph & Linnea Rose Worden 621 Allen St. Meridian, Ib 83642 Mark & Geri Bottles and Burke Jones 875 S. Allen St. Meridian, ID 83642 RECORDED -E ' EST OF ADA COUNTY RECOR� J. CI�� T� ;4VQ NAVARRO .�„ , , :t�,1}-!,r, ��lD�o FEETY DEVELOPMENh0 F) ff 17 99013705 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 21'!P day ofQ.,/ !-ka , 199q, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and KANTI PATEL, hereinafter called "DEVELOPER", whose address is 2600 Fairview Avenue, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C -G) , 11-2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning SL Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning Sz Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning Sz Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4th day of August, 1998, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE 2 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial (C -G) codified at section 11-2-408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER has submitted to CITY an application for conditional use permit, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, DEVELOPMENT AGREEMENT PAGE KANTI PATEL / HOLIDAY INN EXPRESS MOTEL construct a three story motel as specified on the preliminary plat. 5.1.2 This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicant's surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian. (Ord. No. 660, 8/2/94) . 5.1.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 Although the cover sheet indicates the proper request for zoning of C -G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial Zone in Ada County. All statements made in the application should be corrected for the file. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in DEVELOPMENT AGREEMENT PAGE 4 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. S. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be DEVELOPMENT AGREEMENT PAGE 5 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to DEVELOPMENT AGREEMENT PAGE 6 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 • provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Kanti Patel 2600 Fairview Avenue Boise, Idaho 83702 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT PAGE KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 16. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express DEVELOPMENT AGREEMENT PAGE g KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 • or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY RESOLUTION NO Attest: City Cleric 2-11 BY RESOLUTION NO. 2 / BY 149'1 '�D )e1C) Ka i Patel C',�zj Cv4t nct L CITY OF MERIDIAN Robert D. Corrie It1411iif►rtrf, of i _ SEAL �r��rr►r: ►: tt � t Et��►��� DEVELOPMENT AGREEMENT PAGE 10 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL STATE OF IDAHO) :ss COUNTY OF ADA) On thi$,,,"')) day ofXtqvr"y in the year 1991, before me, a Nota Public, personally appeared Kanti Patel kn4vn or identified to me, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. e•.••��L L. sp�i * .No... • e 's P UB'61 OF U STATE OF IDAHO) C�naJ � A M--0 Notaj Public for Idaho Commission expires: :ss County of Ada( ) On this `1 day of l in the year 1999, before me, n cie I car r1 s , a Notary ublic, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ��EoffTAR • PUBLIC o •oos•• avc�� OF ��?;eoe♦e &(4d I V A Im''l) Notary Publi or Idah10 Commission expires: (> 15 c�UC msg ---* 4jr0Weridian City File\Agreement\ICANTI PATEL HOLIDAY DAY INN EXPRESS DEVELOPMENT AGREEMENT.wpd DEVELOPMENT AGREEMENT PAGE KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 11 40 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT PAGE 12 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL A parcel of land being a portion of the E Y2 of Section 17, T. 3N., R. 1 E., B.M., Ada County; Idaho said parcel also being a portion of lot 13 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445, records of Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E % of Section 17, T. 3N., R. 1 E., B.M., Ada Countv. Idaho: Thence N. 2000'57" E. 43.87 feet to a point; Thence N. 0022'33" W. 45.00 feet to a point; Thence S. 89°37'27 W. 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; Thence leaving said centerline of Gentry Way S. 3514347" W. 127.97 feet along the northwesterly right of way of Interstate 84 to a point; Thence S. 79018'50" W. 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent,curve to the left; Thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23053'24", a length of 435.27 feet, a long chord bearing of S. 67015'48" W. 432.13 feet to a point on the centerline of Allen Street; Thence leaving said right of way line of Interstate 84 and continuing N. 0021'33° W. 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentry Way; Thence leaving said right of way line of Allen Street and continuing N. 89°37'27 E. 589.68 feet along said centerline of Gentry Way to said POINT OF BEGINNING. Said parcel contains 2.13 acres more or less. CJ EXHIBIT B i Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT PAGE 13 KANTI PATEL / HOLIDAY INN EXPRESS MOTEL 0 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION YJkNTI PATEL ANNEXATION AND ZONING OF 1.66 ACRES TO C -G BETWEEN I-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Rocky Towle, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 KANTI PATEL ANNEXATION AND ZONING (C -G) available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.66 acres in size; it is between I-84, Eagle Road, Gentry way and Allen Street. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for C -G General Retail and Service Commercial development. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. This would save money on land use application and building permit fees that would otherwise go to Ada County. 5. The general area surrounding property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. The application is not at the request of the City of Meridian. 8. Rocky Towle testified substantially at the hearing that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remains a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 KANTI PATEL ANNEXATION AND ZONING (C -G) Of which, they have provided additional landscaping for the encroachment. The ACRD wants a 41 -foot back-up curb down_ Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24 -foot paving strip. On Gentry Way, the ACRD wants the same thing, with a 58 -foot right-of-way, but this is a dead end street. They wanted this area vacated, but the previous owner and the applicant went through both the City and ACHD. ACRD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. At the ACRD, the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. If they have to dedicate to the ACHD four feet on Alien Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24 -foot setback has been designed rather than the 20 -foot setback, and a 16 -foot setback instead of the 12 -foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35 - foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 5:00. Ada County Highway District's requirements are from Magic View down to where their property starts, down to Gentry Way, that they have a_24 -foot asphalt driveway. From there on down they have to have the 24 -foot plus curbs, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 KANTI PATEL ANNEXATION AND ZONING (C -G) • 0 between Mr. Towle and Commissioner Borup pertained to the ingress and egress that would be out to Magic View and then on to Eagle. 9. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. 10. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. Comments on the exterior finish were that it would either be a synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it, and with that the motel would move back. Mr. Towle addressed Commissioner Smith's comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 KANTI PATEL ANNEXATION AND ZONING (C -G) 0 0 a monument sign at the intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 11. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was over the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACRD were dragging their feet, and when more businesses come in for development, then they would address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed the matter that her concern was over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACRID can be approached with this issue once again. Commissioner Borup addressed the fact that the ACRD is proposing another access up at the light on the north end of the subdivision, but he is not sure when it will happen. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE S KANTI PATEL ANNEXATION AND ZONING (C -G) They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn, this would be the new street. 12. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did -not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACRD will do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other." 13. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACRD, and if need be, continue to pester them. Ms. Buckert noted that ACRD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 14. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 KANTI PATEL ANNEXATION AND ZONING (C -G) 0 • Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which general comments are as follows. 'NTEXATT 1. This application is for a parcel of land at the northwest corner of the intersection o S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/ drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C -G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. 5. A development agreement is required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 KANTI PATEL ANNEXATION AND ZONING (C -G) • 0 15. The Meridian Fire Chief, Kenny Bowers, submitted the following comment that they had no problem with this annexation and zoning. 19. The Meridian Chief of Police, Bill Gordon, had no comment. 17. The Central District Health Department added the following comments. After written approval from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 18. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 19. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 20. That the Application requests that the parcel be annexed and zoned C -G General Retail and Service Commercial District; that the present use of the property is vacant pasture; that the Applicant indicated that the intended use of the property would be for a three story motel. 21. That the property can be serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 KANTI PATEL ANNEXATION AND ZONING (C -G) i • 22. That the C -G, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. li as follows: (C -T) GENERAL RETAIL AND SERVICE COMMERCIAL - The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 24. There was no further testimony at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and -of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian.; that exercise of the City's annexation authority is a Legislative function. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 KANTI PATEL ANNEXATION AND ZONING (C -G) • • 3. That the Planning and Zoning Commission has judged this annexation and zoning application. under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. a. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation.. 7. That the Applicant has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 KANTI PATEL ANNEXATION AND ZONING (C -G) • 0 available and will have to be maintained. 11. That since the Applicant's property is in the Mixed Land Use section of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies.. 13. That a condition of annexation and zoning of the proerty is that the applicant shall enter into a development agreement with the City, which shall include but not be limited to all staff comments submitted with this application and all other government agencies submitting comments. The development agreement shall be entered into and recorded prior to the final plat approval and prior to the issuance of any building permits. 14. It is further concluded that any comments, recommendations and requirements of the City Engineer, the Planning and Zoning Administrator, The Planning and Zoning Commission, all other Meridian Departments submitting comments and all other government agencies submitting comments shall be complied with in order to obtain annexation and zoning of the property noted herein. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned C -G and all representations shall be met; that the conditions should be those s=ated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 KANTI PATEL ANNEXATION AND ZONING (C -G) conditions are met. 15. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. i6. That if the conditions of approval are not met the property shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Sorup VOTED COMMISSIONER Byron Smith VOTED COMMISSIONER Mark Nelson VOTED'"/7�L�,.� COMMISSIONER Tammy de Weerd VOTED _ CHAIRMAN Malcolm MacCoy (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 KANTI PATEL ANNEXATION AND ZONING (C -G) 0 DECISION AND RECOMMENDATION 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 stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED: DISAPPROVED: PATEL KANTI C -G PF CL 7-7-98 -- Final f��$ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 KANTI PATEL ANNEXATION AND ZONING (C -G) DECISION AND RECOMMENDATION 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 stated. above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED:DISAPPROVED: PATELRANCL 7-7- 7-7-98 --- Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 KANTI PATEL ANNEXATION AND ZONING (C -G) 0 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 4th day of August, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW — ANNEXATION & ZONING FOR KANTIPATEL ** TOTAL PAGE.14 ** • .. �' � RECORDED - R --GUEST OF BOISE. iCi;�;' 1998 SP -3 Pail 1.25 98085154 CITY OF MERIDIAN ORDINANCE NO. 798 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C -G); AND 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 being a portion of the E % of Section 17, T. 3N., R. 1 E., B.M., Ada County, Idaho said parcel also being a portion of lot 13 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445, records of Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E % of Section 17, T. 3N., R. 1 E., B.M., Ada County, Idaho; Thence N. 63155'56" W. 35.55 feet to a point; KANTI PATEL ANNEX AND ZONE ORDINANCE 1 OF 1.66 ACRES TO C -G Thence N. 2000'57" E. 43.87 feet to a point; Thence N. 0122'33" W. 45.00 feet to a point; Thence S. 89037'27" W. 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; Thence leaving said centerline of Gentry Way S. 35043'47" W. 127.97 feet along the northwesterly right of way of Interstate 84 to a point; Thence S. 79018'50" W. 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent curve to the left; Thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23053'24", a length of 435.27 feet, a long chord bearing of S. 67015'48" W. 432.13 feet to a point on the centerline of Allen Street; Thence leaving said right of way line of Interstate 84 and continuing N. 0021'33" W. 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentry Way; Thence leaving said right of way line of Allen Street and continuing N. 89037'27" E. 589.68 feet along said centerline of Gentry Way to said POINT OF BEGINNING. Said parcel contains 2.13 acres 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 City General Retail and Service Commercial (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area KANTI PATEL ANNEX AND ZONE ORDINANCE 2 OF 1.66 ACRES TO C -G i 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. 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 Clerk 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 August, 1998. APPROVED BY THE MAYOR OF THE�TY OF MERIDIAN, IDAHO, this ��f� da of August, 1998. ) y �OR `— ATTEOF CITY CLERK 081798 -- Final KANTI PATEL ANNEX AND ZONE ORDINANCL E= 3 OF 1.66 ACRES TO C -G '%-9p' T1�• � a ''���ilF{1 I11!t11.1 0 6 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. 798, passed by the City Council of the City of Meridian, on the /5S day of August, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. of �P • sumI LILAM G. BERG, JR. STATE OF IDA'l� T isl County of Ada, ) On this day of August, in the year 1998, before me, Q I Im r , a Notary Public, appeared W(ICLIAM 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. ''O�aaaeaiio��oo ••� Notary Psi lic for daho, oTAR ? Commission Expires: ( /sk L0---) pUBLZG oo... E OF CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN # 0 Meridian City Council August 4, 1998 Page 25 Corrie: You can. Bird: We should. Bentley: I would amend the motion to reflect that. Bird: I'll amend my second. Corrie: Motion is made and second of the amendment. Any discussion? Roll Call vote. ROLL CALL: Rountree, aye. Bentley, yea. Bird,, yea MOTION CARRIED: All ayes. Bentley: Mr. Mayor-, l ve minute break. Corrie: Let's be back about five minutes until nine and we'll take on item number six, seven, thirteen and possibly eleven. (FIVE MINUTE BREAK) Corrie: Council, a =k to 2rder ITEM NO. 6: PUBLIC HEARING: ANNEXATION AND ZONING OF 1.66 ACRES BY KANTI PATEL —1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET: Corrie: I have opened the public hearing before. It's still open. So I think Rich Allison — is Rich_here. Okay; -Rich -wilt give -the presentation for Mr. Patet. RICH ALLISON 1108 W. 4T" STREET WAS SWORN BY THE ASSISTANT CITY ATTORNEY. - Allison: $ince Zocky; his -contractor, has not shown up, he has asked- me to represent him in his annexation and zoning request for 1.66 acres of which he plans to construct a Holiday Express Motel. Tber-e-is previously made by him to the city council outlining the basics of the project which is a sir)pilaf-motel that was-buift on -Vista Street -known -as Holiday Express Motel. Corrie: Council, do you have some questions that you-want4G-ask-N4r-ANison? RomtrAw. J+.tst have -orae. comment. I think that the applicant may or may not have heard- is that the city is in a situation with water in that particular area right now with the amount of development that is anticipated. We would be needing to work with this or other applicants in order to provide a well site. I would point that Meridian City Council • • August 4, 1999 Page 26 out at this point that we would like the applicant and his representative that's got the full knowledge of this to be here and talk about that possibility because1he development out there is going, to hinge upon being able to provide additional water. Not only this but the other activities that are out there. I just point that out as a general comment to council in their deliberation of this particular thing this evening. Allison: As a general comment I represent four additional owners of property in that vicinity of which we currently have two properties under purchase money. Having donated a half a well site myself in the past for the City of Meridian Ten Mile Cherry Lane well, I generally understand that the requirement is a 60 x 60 parcel to construct a well. If it's still the same. 100 x 100. Maybe I offered 50 x 100 or something I don't know what it was that I gave. Half. At any rate I understand that that will be something that will be needed. Certainly the hospital is expanding. The hospital obviously has a great deal of property. They might be a likely source for a well too. Since they have 34 acres. A lot of which is going to be landscaped and utilized for parking. It would seem possible that part of the landscape project that they are putting in might be an appropriate site. But it's certainly something that this owner as well as the other owners in that vicinity. I'll make them aware. I can advise them. Corrie: So does St. Luke's know this as well and they are going to do that as well. Further questions? Thank you Rich. Anyone else from the public that would like to issue testimony on item number six, request for annexation and zoning this area? Okay hearing none. Questions discussions Council? Bentley: Mr. Mayor, questions for staff. Any input and thoughts on this proposed project. Smith: Mr. Mayor, Council, Councilman Bentley, I think that Councilman Rountree outlined by concerns as far as water supply is concerned. We have programmed in our budget for this coming year, the extension of water main lines in Eagle Road, across the interstate, or under the interstate and west on Overland Road to tie into what we have at Sesco which is the end of the line of Overland. And that will help the water supply situation significantly. But secondarily a source is required in that area of the interchange and I haven't talked with our hydro -geologist consultant specifically about the location, but we do know that a source is going to be required there, and this source for commercial development has more of an impact on fire flow, fire fighting requirements than it does on domestic water use. Bentley: Okay, how about the sewer capacity? Smith: A 12 inch diameter line has been extended Magic View to St. Luke's hospital and should have plenty of capacity to serve the area of St. Luke's and to Meridian City Council • August 4, 1998 Page 27 the east and the area around the Magic View Allen Street parcels including the one that's before you right now. Bentley: And the main trunk line has got the capacity? Smith: Yes, sir. Bentley: Okay, thank you. Corrie: Any further questions? Discussion? I'll close the public hearing on item number six on the request for annexation and zoning of 1.66 acres. Bentley: If council has no other discussions, I would prepare to move for attorney to prepare Findings of Fact and Conclusions of Law. Corrie: You have facts before you. You want to accept those? Planning and Zoning had done some Findings of Fact and Conclusions of Law. Bentley: Mr. Mayor I would move the city council City of Meridian approve the Findings of Fact and Conclusions of Law as hereby submitted by the Meridian Planning and Zoning. Bird: I'll second it. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to accept the approval of Findings of Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning Commission. ROLL CALL VOTE: Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion to have the attorney draw up the proper ordinance. Rountree: Mr. Mayor I move to direct the city attorney to prepare an annexation ordinance for this application. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird to have the attorney draw up the appropriate request for annexation and zoning. Rountree: Mr. Mayor I would amend my motion to include the ordinance be delivered to the council for consideration on our next regularly scheduled meeting rn August 18 Meridian City Council August 4, 1998 Page 28 Bird: Second. Corrie: Any further discussion? All those in favor of the amended motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL BY KANTI PATEL. RICH ALLISON WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Allison: He's request a three story motel on this site and a conditional use permit to accompany it. Do you have questions? Prior: You can just ask too if you'd like your prior testimony incorporated. That can be done. Allison: Would you like my prior testimony incorporated? Corrie: It's up to you. Allison: Thank you. We certainly appreciate your patience by the way. gentlemen. Corrie: Any questions of Mr. Allison? Anyone else from the public who would like to issue testimony on item number seven request for conditional use permit. Council discussion? Questions? Rountree: Mr. Mayor by way of discussion any action on this particular item obviously has to be deferred until the annexation is done, but I would like it to include some direction to the applicant to provide the presentation at our next meeting before we consider the conditional use permit. Smith: Mr. Mayor and Council, I would like to reiterate site specific comment items number 2, 3 and 4 dealing with water service to this site. Thank you. Prior: Mr. Mayor if I may. Councilman Rountree if it's your desire to have a presentation, it's going to be necessary that this public hearing be continued. Rountree: That's possible. Mr. Mayor I move to remove item number seven from the table and that the public hearing on the conditional use permit for the three story motel be continued until our next regularly scheduled meeting August 18tH Bentley: Second. A parcel of land being a portion of the E1/2 of Section 17, T.3N., R. 1E., B.M., Ada County, Idaho said parcel also being a portion of lot 13 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445, records of Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E1/4 of Section 17, T.3N., RJE., BM., Ada County, Idaho; thence N 63°55'56" W 35.55 feet to a point; thence N 2°00'57" E 43.87 feet to a point; thence N 0°22'33" W 45.00 feet to a point; thence S 89°37'27" W 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; thence leaving said centerline of Gentry Way S 35°4347" W 127.97 feet along the northwesterly right of way of Interstate 84 to a point; thence S 79° 18' 50" W 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangdnt curve to the left; thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23°5324", a length of 435.27 feet, a long chord bearing of S 67°15'48" W 432.13 feet to a point on the centerline of Allen Street; thence leaving said right of way line of Interstate 84 and continuing N 0021'33" W 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentery Way; thence leaving said right of way line of Gentery Way and continuing N 89°37'27" E 589.68 feet along said centerline of Allen Street to said POINT OF BEGINNING. Said parcel contains 2.13 acres more or less. This above land description is based on data of record. Said description is preliminary in nature. There are known conflicts between the monument locations shown on the Interstate 84 construction drawings and the Interstate 84 right-of-way drawings. A corrected description will be prepared after a field survey has been completed. +o td rent. `u.a.f GIST ��� �� -kAx f [ C' t cl.a S C r S i�%..•c.< i .��-w .� c. ;--i cam.. �.c.cr A .� `Jc } `1i MIAli PUBM WORKS DFPT, • 0 CITY OF MERIDIAN ORDINANCE NO. 798 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C -G); AND 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 being a portion of the E Y2 of Section 17, T. 3N., R. 1 E., B.M., Ada County, Idaho said parcel also being a portion of lot 13 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445, records of Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E'/ of Section 17, T. 3N., R. 1 E., B.M., Ada County, Idaho; KANTI PATEL ANNEX AND ZONE ORDINANCE 1 OF 1.66 ACRES TO C -G Thence N. 63055'56" W. 35.55 feet to a point; Thence N. 21100'57" E. 43.87 feet to a point; Thence N. 0122'33" W. 45.00 feet to a point; Thence S. 891137'27" W. 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; Thence leaving said centerline of Gentry Way S. 35043'47" W. 127.97 feet along the northwesterly right of way of Interstate 84 to a point; Thence S. 79118'50" W. 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent curve to the left; Thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23053'24", a length of 435.27 feet, a long chord bearing of S. 67115'48" W. 432.13 feet to a point on the centerline of Allen Street; Thence leaving said right of way line of Interstate 84 and continuing N. 0021'33" W. 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentry Way; Thence leaving said right of way line of Gentry Way and continuing N. 89037'27" E. 589.68 feet along said centerline of Allen Street to said POINT OF BEGINNING. Said parcel contains 2.13 acres 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 City General Retail and Service Commercial (C -G). KANTI PATEL ANNEX AND ZONE ORDINANCE 2 OF 1.66 ACRES TO C -G I& 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. 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 Clerk 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 August, 1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of August, 1998. MAYOR ATTEST: CITY CLERK 081398 -- draft KANTI PATEL ANNEX AND ZONE ORDINANCE OF 1.66 ACRES TO C -G 3 U 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. 798, passed by the City Council of the City of Meridian, on the day of August, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. WILLILAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, - ) On this day of August, in the year 1998, before me, , a Notary Public, appeared WIILLIAM 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) Notary Public for Idaho Commission Expires:_ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 0 • MERIDIAN CITY COUNCIL MEETING: August 4, 1998 APPLICANT: KANTI PATEL ITEM NUMBER: 6 REQUEST: PUBLIC HEARING: ANNEXATION & ZONING OF 1.66 ACRES (C -G) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 & 7/14/98 P & Z SEE ATTACHED FINDINGS l 0c, All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING CONMUSSION JULY 14, 1998 PAGE 5 - - MacCoy: It was item 3 on your agenda. Borup: Right. MacCoy: Richardson? Richmond. De Weerd: Any the only thing, the action that we need to do is pass those findings and now the next step is that you would go before City Council for your public hearing and their decision. D. Richmond: Okay that's my question because we thought this tonight was the final approval. MacCoy: For us. De Weerd: Oh, it is. MacCoy: For us. De Weerd: It is the final approval. D. Richmond: Well I meant for the City Council so there is still one more step. (Inaudible) Berg: This is an accessory use which the P & Z commission has the ability or authority to pass this accessory use, it doesn't go to the City Council. De Weerd: Okay, so this is your final step. ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 1.66 ACRES (C -G ZONE) BY KANTI PATEL —1-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET. Borup: Mr. Chairman. MacCoy: Yes sir. Borup: I move that Meridian Planning and Zoning Commission hereby adopts and approves these provings of Findings of Fact and Conclusions. De Weerd & Smith: Second. MacCoy: That's two seconds now. Okay Commissinner Borup. MERIDIAN PLAND ZONING COMMISSION • JULY 14, 1998 PAGE 6 ROLL CALL: Borup, aye. Smith, aye. Nelson, absent. De Weerd, aye. MOTION CARRIED: All aye. Borup: Mr. Chairman, I move that the Planning and Zoning Commission hereby recommends to the City Council, City of Meridian that they approve the annexation and zoning as stated above and the conclusions for the property described in the application with the conditions set forth and the Findings of Fact and Conclusions of Law and that the applicant be specifically required to meet all of the ordinance for the City of Meridian. Specifically including the development, time requirements, and that if the conditions are not met, then the property will be de -annexed. De Weerd: Second. MacCoy: All in favor. MOTION CARRIED: All aye. ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A 3 STORY MOTEL BY KANTI PATEL —1-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these Findings of Fact and Conclusions. De Weerd: I second. MacCoy: Thank you. ROLL CALL: Borup, aye. De Weerd, aye. Smith, nay. MOTION CARRIED: 2 ayes, 1 nay Borup: Mr. Chairman, I move that the Planning and Zoning commission hereby recommends the City Council, City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions that justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements the, fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all of the ordinances for the City of Meridian. The conditionals use should be subject to review upon notice to the applicants by the city. De Weerd: I second that. • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KANTI PATEL ANNEXATION AND ZONING OF 1.66 ACRES TO C -G BETWEEN I-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Rocky Towle, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 KANTI PATEL ANNEXATION AND ZONING (C -G) 0 • available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.66 acres in size; it is between I-84, Eagle Road, Gentry Way and Allen Street. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for C -G General Retail and Service Commercial development. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. This would save money on land use application and building permit fees that would otherwise go to Ada County. 5. The general area surrounding property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. The application is not at the request of the City of Meridian. 8. Rocky Towle testified substantially at the hearing that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remains a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 KANTI PATEL ANNEXATION AND ZONING (C -G) • of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41 -foot back-up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24 -foot paving strip. On Gentry Way, the ACHD wants the same thing, with a 58 -foot right-of-way, but this is a dead end street. They wanted this area vacated, but the previous owner and the applicant went through both the City and ACHD. ACHD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. At the ACHD, the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. If they have to dedicate to the ACHD four feet on Allen Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24 -foot setback has been designed rather than the 20 -foot setback, and a 16 -foot setback instead of the 12 -foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35 - foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are from Magic View down to where their property starts, down to Gentry Way, that they have a 24 -foot asphalt driveway. From there on down they have to have the 24 -foot plus curbs, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 KANTI PATEL ANNEXATION AND ZONING (C -G) between Mr. Towle and Commissioner Borup pertained to the ingress and egress that would be out to Magic View and then on to Eagle. 9. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. 10. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. Comments on the exterior finish were that it would either be a synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it, and with that the motel would move back. Mr. Towle addressed Commissioner Smith's comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 KANTI PATEL ANNEXATION AND ZONING (C -G) i a monument sign at the intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 11. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was over the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACHD were dragging their feet, and when more businesses come in for development, then they would address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed the matter that her concern was over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACHD can be approached with this issue once again. Commissioner Borup addressed the fact that the ACHD is proposing another access up at the light on the north end of the subdivision, but he is not sure when it will happen. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 KANTI PATEL ANNEXATION AND ZONING (C -G) • They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn, this would be the new street. 12. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHD will do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other." 13. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD, and if need be, continue to pester them. Ms. Buckert noted that ACHD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 14. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 KANTI PATEL ANNEXATION AND ZONING (C -G) 0 Bruce Freckleton, Assistant J to the City Engineer submitted general and site specific comments, which general comments are as follows. ANNEXATION AND ZONIN 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C -G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. 5. A development agreement is required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 KANTI PATEL ANNEXATION AND ZONING (C -G) • 0 15. The Meridian Fire Chief, Kenny Bowers, submitted the following comment that they had no problem with this annexation and zoning. 16. The Meridian Chief of Police, Bill Gordon, had no comment. 17. The Central District Health Department added the following comments. After written approval from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 18. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 19. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 20. That the Application requests that the parcel be annexed and zoned C -G General Retail and Service Commercial District; that the present use of the property is vacant pasture; that the Applicant indicated that the intended use of the property would be for a three story motel. 21. That the property can be serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 KANTI PATEL ANNEXATION AND ZONING (C -G) • 0 22. That the C -G, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: 1C -G) GENERAL RETAIL AND SERVICE COMMERCIAL - The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 24. There was no further testimony at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 KANTI PATEL ANNEXATION AND ZONING (C -G) • 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section .11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 KANTI PATEL ANNEXATION AND ZONING (C -G) available and will have to be maintained. 11. That since the Applicant's property is in the Mixed Land Use section of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 13. That a condition of annexation and zoning of the proerty is that the applicant shall enter into a development agreement with the City, which shall include but not be limited to all staff comments submitted with this application and all other government agencies submitting comments. The development agreement shall be entered into and recorded prior to the final plat approval and prior to the issuance of any building permits. 14. It is further concluded that any comments, recommendations and requirements of the City Engineer, the Planning and Zoning Administrator, The Planning and Zoning Commission, all other Meridian Departments submitting comments and all other government agencies submitting comments shall be complied with in order to obtain annexation and zoning of the property noted herein. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned C -G and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 KANTI PATEL ANNEXATION AND ZONING (C -G) conditions are met. 15. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 16. That if the conditions of approval are not met the property shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Borup COMMISSIONER Byron Smith COMMISSIONER Mark Nelson VOTED VOTED VOTED COMMISSIONER Tammy de Weerd VOTED_ CHAIRMAN Malcolm MacCoy (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL ANNEXATION AND ZONING (C -G) PAGE 12 DECISION AND RECOMMENDATION 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 stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED:--� DISAPPROVED: 7-7-98 -- FinalQ/�/ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 KANTI PATEL ANNEXATION AND ZONING (C -G) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 4th day of August, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW — ANNEXATION & ZONING FOR KANTIPATEL MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION & ZONING OF 1.66 ACRES - 1-84, EAGLE RD., GENTRY WAY & ALLEN AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 SEE ATTACHED FINDINGS OF FACT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 • Planning and Zoning Commission Special Meeting June 17, 1998 Page 51 Jerome: No. MacCoy: Okay, so if you do you can come in and ask them because they're not unapproachable, don't feel that you have to just guess at some of this stuff, they try to be pretty exact in what they ask for and they expect to have questions from you people so don't feel bad about it, alright you can sit down. What's the decision of the Commissioners? Prior: Mr. Chairman, just for a point of order I think it's necessary that we close the public hearing. MacCoy: I will, yeah, okay, I'll do that first, I'll close the public hearing which we had a moment ago and now we come up to the Commissioner's side, thank you very much Mr. Counselor. Borup: Mr. Chairman, I move we instruct our Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this application. Smith: Second. MacCoy: All in favor? No disapproval, that passes. MOTION CARRIED: All aye. MacCoy: Is anybody here yet from the Wild West Bakery? No, okay now we'll go to item #7 on your agenda. ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.66 ACRES (C -G ZONE) BY KANTI PATEL —1-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: MacCoy: Is the applicant here for that material at this time? Towle: Yes we are. MacCoy: Can you come forward please. Prior: Sir, would you state your name and address for me and spell your last name for the record. Towle: My name is Rocky Towle, my address is 2210 Broadway, Boise, Idaho. Planning and Zoning Commission Special Meeting June 17, 1998 Page 52 ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. Prior: Sir, you're welcome to comment if you wish. Towle: Okay. We're looking at constructing a motel that is bordered by 1-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. We have gone through the process of doing the preliminary layout and design on it and have worked with Planning and Zoning to try to achieve what they've wanted as far as setbacks and landscaping requirements. A couple of items that have happened on the site plan that you have there is that our (inaudible) columns extend into the thirty-five foot setback as far as the landscaping area goes but if I can show you on one of the plans we've provided additional landscaping for any encroachment that we've done on that thirty-five foot landscaping area on it. We have had no response from any agencies as far as changes that needed to be made on the plans we're looking at bringing in both sewer and water and the utilities that we need to into the site. We have been working with ACHD to try to do the development that they have wanted and I can tell you where they're at, I don't know if you've gotten a report from them or not but they want a 41 -foot back-up curb down Allen Street, as far as what they're looking at doing we are to develop to the west side of us along that property to do curbs, gutters, sidewalks and a 24 -foot paving strip to be able to meet what they're looking at on Allen Street. Also, on Gentry Way, they want the same thing, they want a 41 -foot back-up curb and a 58 -foot right-of-way on it which means that we would have to dedicate four feet to them on Gentry Way and that's a dead end street that's really going nowhere. We have approached tech review on having that vacated of which the previous owner and applicant had gone through both the City here and ACHD to do when it got to ACHD the ACHD said that that previous owner was to go out and get an appraisal on that ground and that they would sell that ground to the applicant at that time, nobody had said that before and I think the applicant went into shock knowing that he had to buy it rather than it was just going to be vacated and split with the two owners that are adjacent to that ground, since that time my client has bought the ground that's south of Gentry Way, we have tried to contact the owner that has the ground to the north of Gentry Way and to see if we could go back in to the possibility of making an offer to the Highway District on it. Tech staff at ACHD has basically backed our position that they would like to get rid of that so that they don't have to maintain that dead end road going in there however the right-of-way department says the only way that you're going to get that road is if you pay the full price for it so we're sort of in a catch 22, we've gone through to do our design based on doing the development to meet ACHD's specifications for that road if that's the last recourse that we have but if we can purchase that ground at a reasonable price then we're looking at that option. The one thing that we have done is that in working with ACHD, ACHD is wanting us to dedicate to them four feet more of ground on both Allen and Gentry Ways, if you'll look at the way that we have our site plan laid out we have met what we've talked to Shari about as far as setbacks go and in doing this we found out that if we had to dedicate four more feet that we have actually relocated the 0 • Planning and Zoning Commission Special Meeting June 17, 1998 Page 53 motel and I have a site plan here that shows a relocation on that site if I could approach you with that. MacCoy: Sure. Towle: I wouldn't mind if everyone could gather around to look at this because the only difference that there is between this is we moved this building to where we have a 24 - foot setback here rather than the 20 -foot that we had and we've got a 16 -foot setback here where we had a twelve. The adjustment that this has made is that we've had to bring our sidewalk around and we've narrowed our driveway to stay within the scope of the 35 -feet as far as the setback goes on it and other than that all of our parking and everything has remained the same for what we have and we've been able to have it to where we can go ahead and dedicate the four -feet here and the four -feet here to ACHD if that need arises and I could see where it would here, on this we're still negotiating to see what we can come up with on Gentry Way. Are there any questions? Do you want me to leave this with you? Prior: Sir, go back up to the mike if you would, we can't hear you in the court. Towle: Are there any questions? Borup: Mr. Chairman, a couple. The first I guess is on parking, have you reviewed the staff reports? Towle: Yeah, where we said that there is actually two employees — where we've got 69 parking stalls and 67 rooms, when we talked to — we do a lot of motel design and when you look at motel design we've done everything from having one stall per one room up to 1.25 stalls per one room in the motel design that we've got into. If you take and — there's only one that I've had a study on is that when we've talked to Glenn Black that has the Ameritel Motel down at the mall, he has come back and said that for every room that basically they have .77 parking that they've gone out to do counts on it so they don't even hit for every room rented having a car there, they say people come in, they're doubled up, now there's a difference in that motel in that it's close to the mall so that that can happen. What we've found out is that if you have maid service coming in or employees coming in that basically by the time the business people get up and are gone by 8:00 and by the time the maids get there at 8:00 we don't have any problem as far as parking even on a one to one ratio for the units that are there. I don't know if you've had or seen that there's even any problems here as far as the Best Western goes here or the addition that's coming in on the new motel there but I know that facility wise that I've never seen anything that's had a problem even when we've been down to a 1-1 ratio. Planning and Zoning Commission Special Meeting June 17, 1998 Page 54 Borup: What would be the around the clock employee situation there, what are you looking at without the maids and the (inaudible) ? Towle: What's the maximum people that you'll have there, let's say at 9:00 in the morning? Isn't that probably the maximum? Well how many people would you have — Prior: Sir, what we're going to do is if that gentleman wants to say anything, I'd appreciate if we put him on the record, it makes it difficult for us to cover transcript of that. Towle: Kanti could answer that question, he's the owner and would know more as far as employees. Borup: Okay, we may want to ask him that later then. Towle: Okay. Borup: Well ,the other and I guess you've answered my question on Gentry Way which seems to be way up in the air right now and I'm having trouble following ACHD's logic on the whole thing. Towle: Us too. Borup: Yeah, they don't want it but they don't want to give it away. Towle: Well, one department wants us to be able to buy at the department that has it, doesn't want to negotiate. Borup: But doing that would give you a lot more flexibility on your whole site layout and parking and everything and that's what you're trying — Towle: Correct. Borup: So I hear you are paving Allen Street back to Magic View? Towle: No, what we'll do is ACHD's requirements is that from Magic View down to where our property starts, down to Gentry Way, that we have to have a 24 -foot asphalt driveway, then from there on down we've got to have the 24 -foot plus curbs, gutters and sidewalk. Borup: Right, okay so they're not asking for curb and gutter before Gentry. Planning and Zoning Commission Special Meeting June 17, 1998 Page 55 Towle: No, when that develops out then the owner of that or the developer on the ground that's north of us or south of the Texaco would be the one that would be doing the curbs, gutters and sidewalks. Borup: So of course then the ingress egress would be out to Magic View and on to Eagle. Towle: Correct. Borup: I don't have any other questions at this time. de Weerd: Mr. Chairman, most of my questions have been answered with the exception of where are you going to have your trash area? Towle: Actually what I'll have to do is if it's not on the plan typically we enclose it, we make a contained area that will match the building as far as the materials go and we'll have it enclosed and we'll meet whatever we have to as far as accessibility to be able to get to it. de Weerd: And you wouldn't lose any parking spaces by doing that? Towle: Actually I'll have to look because I don't know, I hadn't thought of that. I think we can work it in on it, I don't know that that's a problem but I — let me look at the site and I can tell you. de Weerd: Okay. Towle: We could put it in here on the north side of the driveway here, we could possibly work it in over here on this area and enclose it, we've got the possibility so I don't think it would delete any parking. de Weerd: Thank you, I don't have any further questions. MacCoy: Mr. Smith? Smith: Mr. Chairman, I apologize, I did not get the elevations of the building in my packet, I guess it's because staff knows that I usually don't like to look at that stuff. MacCoy: Well don't feel bad, I didn't get the map or the elevations in mine. Smith: What are you referring — when you say architectural shingles, what do you have in mind? Planning and Zoning Commission Special Meeting June 17, 1998 Page 56 Towle: They're not the — they're the architectural grade asphalt shingles, they're not the 235's, we're going out so that they've got a little bit of differentiation in their depth. Smith: Okay and what are you referring to by acrylic exterior finish system, is that a drive -it? Towle: Yeah, drive -it system. Smith: So synthetic stucco. Towle: We'll either do that or do Stucco, one or the two so — Smith: Okay, and then I — is your dimension to the top of the roof is that thirty-seven foot six, it's pretty small, I can't make that out for sure. Towle: Yeah, thirty-seven foot six. Smith: Thirty-seven foot six, and then the gondola or whatever you want to call it on top, that's sticks up what another — I apologize, this is the first time I saw these — Towle: Its up there about nine feet, a little less than nine feet. Smith: Nine feet, so that would be 46.6, okay, and then as far as your siding of your building was — you're interpreting — I mean, I'd interpret the front yard as either being off Allen Street or Gentry Way. Towle: To me the front is actually facing the on-ramp — Smith: I guess what I'm getting to is the setback requirements, front yard, rear yard, and so forth, front yard setback I think was twenty or twenty-five feet and the rear yard is zero, I'm sorry, fifteen and zero. Towle: Okay, on that, on the twenty feet what we'd done is we had maintained the twenty feet off the front and when we'd done — Smith: When you say the front are you talking about the side that faces the on-ramp? Towle: Okay, then — but now I'm talking about Allen Street now if you — Smith: Allen, okay. Towle: Okay, on it what I've maintained on that and what we'd done is we'd kept it ten feet on — or more than ten feet on Gentry Way because we're trying to get Gentry Way vacated but we're also to the point that we had maintained twelve feet and then we'd Planning and Zoning Commission Special Meeting June 17, 1998 Page 57 tried to boost that to sixteen feet if ACHD takes an additional four feet from us. Now if I've got to move it a little more to be able to get fifteen feet because of a side street I can probably do it but I haven't shown it in the plan of that. Smith: And when you say you're trying to get Gentry Way abandoned, so are you looking at it just going away? Towle: No, what we're — Smith: Because I guess what I'm getting at is you're vehicular flow wouldn't work then. Towle: Well if we were able to either purchase Gentry Way or purchase half of Gentry Way then the motel would move back, we'd have more room on the front or else the motel would move back a little bit, we'd try to coordinate with the owner to the north, see if we could do a driveway that we could go ahead and share parking coming in. Now I don't — I mean that's something that I can't say will happen or won't because we've tried to make contact with the owner to the north and there's been no way. When we talked to the Highway District about it basically Ray down at the right-of-way had said well we'll send a registered letter, if he doesn't respond then we can do whatever we want to it, we're not to the point that that's something that we can do as a neighbor to him, you now I mean as far as saying we'd like to purchase this or not, you know, and then the other thing that comes up on this is that we look at it and say if we build the road in there to ACHD's specifications, get them to where they acknowledge it, turn it over to them and then they maintain a road that goes in to dead ends that really nobody's going to use on it and the tech staff doesn't want it but right-of-way's saying well instead of paying us a dollar and a half a square foot you're going to pay us five bucks a square foot for that, my owner's saying I won't pay five bucks a foot so then we'll go ahead and put in the road and that's the one thing that is the unknown right at the moment on it. Smith: Maybe I was half asleep when — you said you were going to have two employees at any one time? Towle: No, that's what the report says. Kanti Patel will have to say how many employees he will have. Smith: Okay, because the ordinance calls for one space for every two employees and you have the rooms covered here — Towle: We've got the rooms covered but we don't have the employees but the thing that we get into as far as motel management, we've done a lot of motels for a lot of different clients and basically what they're saying is that for if you have one parking stall for every room that you have more than enough to cover your parking for the motel, that Planning and Zoning Commission Special Meeting June 17, 1998 Page 58 by the time you get your maids and all the people that come in to work, the people have gone and left in the morning and so what we've provided is we've provided for a night clerk in addition to the parking people there that want to come in for the dwelling and that we feel is sufficient to it as far as it goes. I'd rather have more landscaping and buffer than slide a couple of more stalls in there — Smith: Sure, so would I. Okay, I don't have any more questions. Oh, wait one more, do you have a color scheme proposed for the building? Towle: Actually, all I can tell you is we're looking at going a natural tone, tans on it and I'll have to get that from Holiday Inn Express on the colors, I've got a rendering here and the way it came out on the color it came out yellow and I'm scared to show it to you so — Smith: We've probably seen worse. Towle: Do you got your sunglasses on? Smith: No. That's yellow. Towle: The tan that's there should be close to the color it should be. MacCoy: Is it similar to the one we had down in Boise? Towle: Yes. MacCoy: The one down by the airport? Towle: Yeah, it would be similar to the one down at the airport in Boise. Smith: And I don't see any signage — oh wait, there is a monument sign there, so you're not going to be asking for a big freeway pole mounted sign? Towle: I have nothing to do with signs, the sign —whatever the owner wants to do we'll have to come in for signs, I — Smith: Okay, but right now all you've got on your site plan is the monument sign on the intersection of Allen Street and Gentry Way? Towle: Yes. Smith: Okay, I'm finished. MacCoy: Commissioner Nelson? Planning and Zoning Commission Special Meeting June 17, 1998 Page 59 Nelson: I have no comments. de Weerd: Mr. Chairman, I have one more question, well I guess two more, I'd like to know what your plans are as to lighting, that is in a residential area and staff did make a comment on that. Towle: Basically the lighting would — we will have an engineer that will engineer all of the lighting and all of our electrical. on the job as far as the motel goes and as far as the sight goes, what we've tried to do on all of our lighting is direct it so it maintains on the site and on our own premises and isn't directed off of the site or across into any of the neighbors. de Weerd: Okay, Mr. Freckleton, do you have any comments? Freckleton: Commissioner de Weerd, the only thing that I would say would be that the cut off lighting is something that we have been looking at and it sounds like that's the direction you're probably headed so what I would propose I guess is that we just take a look at that when the plans come through and scrutinize it. Borup: I had a couple more Mr. Chairman. MacCoy: Alright, go ahead. Borup: I'm assuming that on the — at least I didn't find any overall plat maps showing adjoining property, I assume we are contiguous to city limits on — Towle: Yes. Borup: Where is it contiguous, (inaudible) Towle: Actually the freeway and the on-ramp is and then it goes across over to St. Luke's. Borup: Okay, that's right, that's what we did to get St. Luke's in. You had talked about if you have to move in your revised plan, move over, did you say that reduced the driveway size or — Towle: Actually, if Gentry Way can be purchased — or is that what you're talking about? Borup: No, just the Fire Department's concern on 20 -foot driveways if you're still planning on that and you'd still have driveway around the back side of the building even if you did purchase Gentry Way there would be — 0 • Planning and Zoning Commission Special Meeting June 17, 1998 Page 60 Towle: We have twenty -foot driveways so we can — yes — yes, we'll still double park so we'll end up with a 24 or 25 -foot driveway and if it goes to ACHD and they end up with it we'll end up with a 24 -foot driveway plus curbs, gutters and sidewalks. Borup: Now I just had one last comment. It would be interesting on the layout — your diagrams show two south elevations and two west elevations. Towle: It was a late night. The south elevations -- Borup: I mean it's obvious which is which I just wanted to (inaudible) MacCoy: You're a nice guy. The colored photo you have here, is that for us to keep, some people would like to have one for their folder. Towle: Actually what I would rather do is be able to get back to you the colors that will be on the building rather than that. MacCoy: Fine, okay, then if you do that be sure that we get a copy of that. Towle: That'd be fine and we'll work with staff or whoever you'd like to make sure that the colors are okay. MacCoy: Okay. Any other questions for him? None, alright you may be seated. This is a public hearing, is anybody here that has anything to say pro or con? Yes ma'am, come forward. Prior: Hi, would you state your name and address for the record, spell your last name for me as well. Buckert: Wanda Buckert, 971 Wells Circle, lot 20, Magic View Subdivision and I do use Allen Road. Prior: Ma'am, I just need to swear you in before you say anything. WANDA BUCKERT WAS SWORN BY THE CITY ATTORNEY. Buckert: It's the traffic and I do use that, if they are only going to widen did I understand right from Gentry Way to the curve on Allen Street, that lets in another at least 68 cars plus employees, plus garbage trucks and the traffic. As you know on Magic View we can't get out anyway on Eagle Road. I would like to ask can there be a light put up at Magic View and Eagle Road? MacCoy: We'll ask the applicant after you finish talking to come back up here and comment. Planning and Zoning Commission Special Meeting June 17, 1998 Page 61 Buckert: Okay and I understand there is a road that had been approved at the light in front of the hospital to go across lot 1 and 2 and connect to Allen Street but if we do which I will change coming out on Allen and I will take Magic View and Wells Street but when you get to where the new road is going to be the cross traffic going to the motel, whatever development is coming in, I understand that there has been more property sold to doctors, how are we going to turn left even there when we get a new road if there's not a stop sign or a four way stop, a light or something but it's the traffic I'm concerned about and I know someone's going to get killed at that corner, I've seen many accidents and I just hope I'm not in one. Thank you. MacCoy: Okay, is there anybody else here who would like to have a statement? Nelson: I would like to comment for the benefit of the person who just spoke, the issue of a light at that Eagle Road has come up before and so I don't think that's ever going to happen but yeah I think it should be noted the intersection there of Allen Street and I guess whatever street's going to meet there — yeah, Magic View, yeah, that is a valid concern but yeah, I just thought I'd comment that Eagle Road's probably not going to have a light for you. Buckert: Then the people coming out of the hospital, you know they change their entrance to the light and when they're coming out they're still using the old street and they're making a left this way where all the traffic and we have to get out of Magic View, we got one way, then they're making I think an illegal left turn where we're trying to make a left turn to get to the middle and with all the traffic it is tough to get out there and I think would it be possible for the hospital to put up no left turn, they can go to the light and that would help a lot, alleviate. Thank you. MacCoy: I will comment to as to you the standpoint that one of the things that ACHD has commented, we have had the discussion as Commissioner Nelson has pointed on several occasions that the Highway Department, one of the things that they're dragging their feet on is the fact that when more businesses come in for development which is what's happening here, they will re -address the issue of the streets and signs and everything so we're king of in limbo at present for that so I just give that to you, it's not a dead issue but I don't know what the answer is yet. Buckert: Okay, I know development will happen, I'm not against it, I'm actually not against the hotel, it's the extra traffic but what are we to do in the meantime that live there? You know if we're not annexed or anything, we're just a few houses back in there that we can't get in and out because of traffic. MacCoy: Well we'll be addressing that subject directly and I'm glad to see we've got a business going to come in there and build a building that we can then have a real chip 0 0 Planning and Zoning Commission Special Meeting June 17, 1998 Page 62 in our hands to go in and say look it's happening, you've been talking about this for some time now let's address the issues of all the people. Buckert: Good, thank you. Borup: Mrs. Buckert, did you say you were in lot 20? Buckert: Yes, lot 20. Borup: So that's the one down at the end of Wells? Buckert: Yes, with the circle. Borup: Okay, it wasn't showing on this plat so well then does — is there a road there that goes along parallel to the freeway, is that the one you use when you said you — Buckert: I use that one and it curves onto Allen. Borup: Is that a regular county road or — Buckert: Yes, I believe it's called Freeway Drive. Borup: Okay, its not showing on this map, then again maybe for your information ACHD is proposing another access up at the light that's there on the north end of the subdivision but how soon it's going to happen we'll see but — if the project that's being proposed there happens it will — have of that street will go in quite soon to my understanding — MacCoy: That's what I understand too, I think this has been an asset to you — Borup: And they're talking about going back and tying into Magic View so that anybody coming out of the subdivision can go up to the light and out rather than have to go out on Magic View. Buckert: This is true and I understand it, it's like I mentioned is the cross section there and it will be running into the — Borup: Yeah and that's why they're trying to get a road to where the light is. Buckert: I understand sir but the one I'm talking about it will cross Magic View to Allen Street, we're still going to have to make a left turn to get onto it and with all the extra traffic coming in — i 4► Planning and Zon pg Commission Special Meeting June 17, 1998 Page 63 Borup: Oh, you're talking about a left turn onto the new street? Buckert: Yes. There will be an intersection there and we're still going to — Borup: Well yeah and whether there's a light there will depend on the traffic I'm sure. MacCoy: Thank you. Is there anybody else who would like to make any statements here? If not I'll ask the applicant to come forward if he can answer some of her questions. Towle: The only thing I can say on the traffic is ACHD didn't address it to us as far as us going in there on it, if you look at — if you're putting in a convenience store, you're putting in a Wendy's or a McDonald's or a Burger King, they're going to have as much traffic in the noon time as what we're going to have for 24 hours at the motel or what an office building would have as far as what we've got. I don't know what's going to happen there but I know that they didn't address it to us and we've left it as far as a stop sign at the end of Allen Street before you get to Magic View or whatever there, I think ACHD would look at their traffic studies and be able to do what is necessary on that on it and then whatever they're going to end up doing as far as that development in the area there and what company comes in commercially, I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other. MacCoy: I understand. Thank you. Is there any questions of the Commissioners at this time? Anybody? de Weerd: No, I just have a general question or comment. I think we're all concerned with traffic and the increased amount of it, unfortunately at the City level we have no control, I think it's going to be very helpful for you to make your concerns known to ACHD and if you need to pester them. (Inaudible — away from mike) de Weerd: Well good, continue to do so because they are the ones that do the planning on the streets. Buckert: I understand, but they did also that they had to have Meridian — Prior: Ma'am, none of this is being picked up on the tape, you're going to have to come up. Buckert: Sorry, I'm not used to this. They said that Meridian City has to okay this too on this lights and traffic and whatever, I have talked to them and they did say and they 6 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 7 REQUEST: ANNEXATION & ZONING OF 1.66 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS a 4C b-Jj CDr--4yu-1-t--j REVIEWED Se e. Q)(n me ilj--S C SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to Cit 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 June 15, 1998 Re: Request for Annexation and Zoning to C -G of 1.66 Acres with a Conditional Use Permit for a Holiday Inn Express by Kanti Patel We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between mortumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C -G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. HolidayInn.AZ.CUP • P&Z Commission/Mayor & Council June 15, 1998 Page 2 5. A development agreement is required as a condition of annexation. CONDITIONAL USE ❑ GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon ten days notice to the Applicant. ❑ SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed in Magic View Drive north of this project. 2. Water service to the proposed site could be extended from the existing water main line installed along the easterly side of Eagle Rd. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. HolidayInn.AZ.cup • P&Z Commission/Mayor & Council June 15, 1998 Page 3 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity required to be 3 -inch minimum can be determined. Please revise the landscape plan so landscape schedule matches callouts on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 8. A minimum 35 -foot -wide landscape setback beyond required right-of-way on Eagle Road and I-84 should be made a condition of annexation. The setbacks shown appear to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval 11. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. HolidayInn.AZ.CUP P&Z Commission/Mayor & Council June 15, 1998 Page 3 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity required to be 3 -inch minimum can be determined. Please revise the landscape plan so landscape schedule matches callouts on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 8. A minimum 35 -foot -wide landscape setback beyond required right-of-way on Eagle Road and I-84 should be made a condition of annexation. The setbacks shown appear to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 11. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. HotidayInn.ALCUP P&Z Commission/Mayor & Council June 15, 1998 Page 4 12. Parking requirements for a motel/hotel are one per room and one for each two employees. Sixty-eight spaces were counted on the plans. It would seem that more than two employees would be on site at any one time. 13. A screened trash enclosure needs to be provided and depicted on the plans. Coordinate the location and sizing requirements with Sanitary Services, Inc. 14. Gentry Way, north of this property, was never constructed and was approved to be vacated by the Meridian City Council in November of 1997. The status of the vacation is unknown; apparently the vacated roadway would be returned to the owner of the property to the north. It would be desirable for a driveway to be constructed along the northerly property line, and for additional parking to be provided for along the driveway. Holidaylm.ALCUP Mayor ROBERT D. CORRIE C=ULM=I2= CHARLES ROUNTREE GLENN BENTLE RON ANI�: TVE �y j KEITH BRAY 2 G 1998 HUB OF TREASURE VALLEY • A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN 884-4264 33 EAST IDAHO PUBLIC PUBLIC WORKS BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 ' ' T 111DLAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE:_ JUNE 17. 1998 (special meeting) REQUEST: ANNEXATION & ZONING OF 1.66 ACRES IN R -T ZONE TO C -G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN 1-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, 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 PARKS DEPARTMENT 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 & FIN PLAT) BUREAU OF RECLAMATION(P LI FINAL PLAT) IDAHO TRANSPORTATIO D P ENT YOUR CONCISE REMARKS: s -R , Mayor ROBERT D. CORRIE Couci] Memb= CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17. 1998 (special meeting) REQUEST: ANNEXATION & ZONING OF 1.66 ACRES IN R -T ZONE TO C -G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN 1-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, 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 AFIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 1998 C 7a MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT CONCISE REMARKS: .5`' C� I ' / 0V ,Ti1l'�V.7Z s HUB OF TREASURE VALLEY • A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN `208' 884-4264 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17. 1998 (special meeting) REQUEST: ANNEXATION & ZONING OF 1.66 ACRES IN R -T ZONE TO C -G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN 1-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, 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 AFIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 1998 C 7a MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT CONCISE REMARKS: .5`' C� I ' / 0V ,Ti1l'�V.7Z s Cw CENTRAL CENTRAL DISTRICT HEALTH DEPAR71ENT DISTRICT Environmental Health Division h E A LT H DEPARTMENT Rezone # __ flkJ /�/�1JCi�`i7�i✓ /. (v �,rFC _ ,Q j —� G— Conditional Use # Preliminary / Final / Short Plat Return to: ❑ Eagle ❑ Garden City _4�!neridian ❑ Kuna ❑ ACZ ❑ I . We have No Objections to this Proposal. J U N 5 1998 ❑ 2. We recommend Denial of this Proposal. CITY OF MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 19 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 0 central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ITcentral water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: / �, Reviewed By:C�l CDHD 10/91 rd„ rev. 7/97 Review Sheet