HomeMy WebLinkAboutHubble Engineering, Inc. PP
Mayor
ROBERT D. CORRIE HUB OF TREASURE VALLEY
Coyncit IS•-„--,• A Good place to Live
ITY O
LEGAL DEPARTME~
CHARLES ROUNTREE F MERID
~~ (208) 884-4264
GLENN BENTLEY 33 EAST IDAHO PUBLIC WORKS
RON ANDERSON
MERIDIAN, IDAHO 83642
BUILDING DEPARTMEN7
KEITH B[RD Phone (208) 888-4433 • Fax (208) 887-4813 (208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPM
WITH THE CITY OF MERIDIAN ENT PROJECTS
To insure that your comments and recommendations will be consid
Planning & Zoning Commission, please submit your comments a red by the Meridian
to Meridian City Hall, Attn: Will Berg, City Clerk b : nd recommendations
TRANSMITTAL DATE: Se tember 8 1998 y October 6 1998
REQUEST: PRELIMINARY PI or Cnn ~.,~.._ HEARING DATE: October 13 1998
BY.
LOCATION
PROPERTY OR PROJECT: NORTHWEST OF
'VEST OF Exl_cr[~~~ -rr....._ EAGLE / I_84
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
--MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
__NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL
YOUR CONCISE REMARKS:
•
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CITY OF MERIDIAN
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sOY1NK -
"Hub of Treasure Valley'
33 E. Idaho
Meridian, Idaho 83642
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MIDVALLEY BUSINESS PARK - 621 ALLEN STREET
PROPERTY OWNERS WITHIN 300'
HOWELL RICHARD D & JUNE
2750 MAGIC VIEW DR
MERIDIAN ID 83642-6244
HANKS HARVARD D & GENEVA J
2930 MAGIC VIEW DR
MERIDIAN ID 83642-6246
PATEL BHUPENDRA & NILA
2600 FAIRVIEW AVE
BOISE ID 83702
N EAGLE RD
DRAPER WESLEY A & ELMA R
942 WELLS
MOORE RICHARD L & BARBARA L
3050 MAGIC VIEW DR
MERIDIAN ID 83642-6247
BARNES ROBERT B & KATHLEEN E
2855 MAGIC VIEW DR
MERIDIAN ID 83642-6245
WORDEN RANDY JOSEPH &
LINNEA ROSE
621 ALLEN ST
MERIDIAN ID 83642-6255
JACKSONS FOOD STORES INC
PO BOX 488
3500 COMMERCIAL CT
MERIDIAN ID 83680-0488
625 N EAGLE RD
WELLS DAVID W & M MAXINE
985 FREEWAY DR
MERIDIAN ID 83642-6258
E FREEWAY DR
POST JAMES A
PO BOX 1290
OLDSMAR FL 34677-0023
N EAGLE RD
BOTTLES MARK K & GERI G AND
JONES BURKE P
875 S ALLEN ST
MERIDIAN ID 83642-6255
MERIDIAN ID 83642
S WELLS ST
XI x I x
x
MidvalleY 4us~ness Pq.r-~ - G,zi Allen .C+.
ASSOCIATED EARTH SCIENCES INC.
BIOLOGY • GEOLOGY • ENGINEERING • SOIL SURVEYS ~ SOQ. AND WATER QUALITY
• RESOURCE PLANNING AND SITE INVESTIGA"LIONS
4696 Overland Rd. Suite 516 Boise Idaho 83705
208 336-8661
August 10, 1998
Bill Johnson
Hubble Engineering, Inc.
9550 W. Bethel Ct.
Boise, ID 83709
Dear Bill:
The soil physical properties and internal soil drainage conditions were examined on the
property located in the SWSENE of Section 17, T.3N., R. lE., BM., Ada County (platted Lot
# 10). This site is located north and west of the Eagle Road interchange to highway I-84 (see
attached plat map).
Four backhoe test holes were logged in representative low and high elevations on the subject
property. The purpose of the soil investigation was to determine seasonal high groundwater
depth, impermeable to water restrictive soil layers, soil textures and colors (indicators of soil
drainage class) and depth to rooting.
The test holes were excavated to a depth greater than 10 feet. Test hole number one (TH 1)
showed free water seeping slowly below a depth of 117". This may be due to very recent
irrigation. Test holes TH2, TH3, and TH4 did not have free water (water table) to depths of
149", 140", and 120", respectively. Soil colors in all four test holes, indicated well drained
conditions and lacked any mottling or gleyed colors (indicators of poor internal drainage
conditions).
Monitoring wells (PVC perforated pipes) were installed in each of the four test holes. Depth
to water table, if anv, will be read once each week until September 15, 1998. Past experience has
shown seasonal high water tables, caused by irrigation in the area, to reach their highest peak
around the third week of August. After that time they normally fluctuate to a lower depth. I do
not anticipate water tables rising in the test wells, but monitoring will prove or disprove it. I will
check the monitoring wells once each week and report the findings to you on September 15"'.
If you have any questions about this report, or if I can be of more assistance, please call me at
(208) 336-8661, office; or (208) 375-7565, home.
Sincerely,
`~/~ ~
Glen H. Logan/ ,
Certified Professional Soil Scientist
• •
AES
Soil Evaluation
Evaluation Date_8/10/98
Requested by Bill Johnson Hubble Engineering Phone (208)322-8992
Address 9550 W. Bethel Court
City Boise State Idaho Zip Code 83709
Lot Size ----- Bedrooms ----- Parcel 5± acres
Legal Description Lot #10 in the SWSENE of Section 17 T3N R1E
BM. Ada County Idaho
Slope 0-1% Evaluated By _ Glen H. Loaan CPSS
Pit TH1 Pit TH2 _ Pit TH3
0-11" Silt loam (25% 0-10" Silt loam (20-25% 0-17" Silty clay loam
C) l OYR 3/4 C), l OYR 3/3, (30% C)
l OYR
many fine and fe~v many fine and few ,
3/4, many fine
medium roots. medium roots. and common
11-27"
Silty clay loam
10-24"
Silt loam (25% medium roots.
(30% C), lOYR C), lOYR 3/4, 17-27" Silty clay loam
4/3, common fine many fine roots. (35% C), lOYR
roots. 3/6, common
27-35"
Very gravelly silty 24-40" Strongly cemented
to indurated fine roots.
clay loam (30- hardpan, no roots. 27-52" Ve ravell
ry g y
35% C), l OYR silty clay loam
4/4, common fine 40-75" Extremely (35-40% C)
roots. gravelly and l OYR 5/6, few
35-55"
Very gravelly cobbly loamy
medium sand fine roots.
loamy coarse sand (<5% C), 52-75" Very gravelly
(5% C), lOYR variegated color, loamy medium
4/6, common fine no roots. sand (<5% C),
roots. l OYR 5/8, few
55-120"
Extremely 75-149" Extremely cobbly
and ravell fine roots.
gravelly loamy coare sand (<5% 75-140" Extremely
coarse sand (<5% C), variegated gravelly and
C), no roots. color, no roots. cobbly loamv
fine sand (<~%
C), lOYR 5/8,
no roots.
A .d.~1:4:,...,.~ ._r_ _
TH1 -Very moist soil below 55" depth. Free water (slow seep) below 117" depth.
TH2 -Very moist above hardpan from recent irrigation and the neighbor's irrigation waste water.
No free water (water table) to 149" depth.
TH3 -Some free water above 27" from recent irrigation. No free water (water table) below 27"
to a 140" depth.
AES
Soil Evaluation
Evaluation Date 8/10/98
Requested by Bill Johnson Hubble Engineering Phone (208)322-8992
Address 9550 W. Bethel Court
City Boise State Idaho Zip Code 83709
Lot Size ----- Bedrooms ----- Parcel 5± acres
Legal Description_Lot #10 in the SWSENE of Section 17 T3N RlE
BM, Ada County Idaho
Slope 0-1% Evaluated By Glen H. Loaan CPSS
Pit TH4
0-21" Silt loam (25%
C), l OYR 4/4,
many fine and few
medium roots.
21-3 8" Indurated and
strongly cemented
hardpan, few fine
roots.
38-52" Gravelly fine
sandy loam (10%
C), l OYR 5/4, no
roots.
52-79" Very gravelly
sandy loam (5-
10% C).
79-120" Extremely
gravelly and
cobbly fine sand
(<5% C),
variegated color,
no roots.
TH4- Slightly moist from surface to 110". No free water (water table) to 120" depth.
•
•
rno ornnnnwi. ~ ~~.~ ......,
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MIDVALLEY BUSINESS CENTER SUBDIVISION
KNOW TO ALL MEN BY THESE PRESENTS:
The undersigned Midvalley Business Center Subdivision (hereinafter referred to
as "Declarant" or Grantor"), being the owner of that real property located in Ada County,
Idaho and legally described on Exhibit "A" attached hereto hereby adopts the following
Declaration of Covenants, Conditions and Restrictions which shall apply to and run with
that property described on Exhibit "A". (Said property is referred to herein as "Midvalley
Business Center Subdivision" or simply "Subdivision" or "Property" and is depicted in
that copy of the plat of the property attached hereto as Exhibit B.) The Covenants,
Conditions and Restrictions are as follows:
ARTICLE I
Covenants Running With The Land
1.1 Covenants Conditions and Restrictions Definitions:
This Declaration (including the Design Standards attached as Appendix 1) hereby
establishes and sets forth for the mutual benefit of Declarant and future owners of the
property or any Lot therein, protective provisions, covenants, conditions, restrictions,
agreements, charges, liens and other matters herein set forth (collectively referred to
herein as the "Restrictions" or CCR's"), which are binding upon the Property. These are
expressly and exclusively for the use and benefit of the Property and of each Lot and of
each and every person or entity who now or in the future is an owner of the property or
any Lot therein.
1.2 Runs with Land: These Restrictions shall run with the land (described
in Exhibit A and depicted in that copy of the plat attached hereto as Exhibit B). Nothing
herein shall be construed to cause this Declaration to apply to or bind any other
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -1
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
•
property of Declarant not specifically described in Exhibit "A". However, these
Restrictions are intended to benefit other property of Declarant in proximity to the
subject property, but which other property may not be bound by these Restrictions.
1.3 Definitions: the following definitions apply hereto:
1.3.1 "Articles" shall mean the Articles of Incorporation of the Association or
other organizational or charter documents of the Association.
1.3.2 Midvalley Business Center Subdivision shall mean the Property described
on Exhibit A.
1.3.3 "Assessments" shall mean those payments required of Owners and
Association Members.
1.3.4 "Association" shall mean Midvalley Business Center Subdivision, Inc., a
nonprofit corporation organized under the laws of the State of Idaho, its
successors and assigns.
1.3.5 "Board" shall mean the Board of Directors or other governing board or
individual, if applicable, of the Association and includes its authorized
representatives.
1.3.6 "Building Lot" shall mean one or more lots as specified or shown on any
Plat upon which Improvements may be constructed. The term "Building
Lot" shall not include the Common Area.
1.3.7 "Bylaws" shall mean the Bylaws of the Midvalley Business Center
Subdivision Association, which Bylaws are attached hereto and
incorporated herein by reference as Exhibit C.
1.3.8 "Common Area" shall mean any or all parcels of Midvalley Business
Center Subdivision that are designated on the Plat as private streets or
drives, common open space, common areas and common landscaped
areas, including but not limited to the following parcels which Declarant
shall deed to the Association and which shall be owned and maintained by
the Association:
1.3.9 "Declaration" shall mean this Declaration as it may be amended from time
to time.
1.3.10 "Grantor" shall mean Midvalley Business Center Subdivision and any
successor in interest, or any person or entity to whom the rights under this
Declaration are expressly transferred by Grantor. Grantor may be referred
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
to as "Declarant' or "Developer' and includes any assignee or successor of
Grantor.
3.11 "Improvement" shall mean any structure, facility or system, or other
improvement or object, whether permanent or temporary, which is
erected, constructed or placed upon, under or in any portion of the
Property, including but not limited to buildings, fences, streets, drives,
driveways, sidewalks, curbs, landscaping, signs, lights, street lights, mail
boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and
fixtures of any kind whatsoever.
1.3.12 "Limited Assessment" shall .mean a charge against a particular Owner and
such Owner's Building Lot, directly attributable to the Owner, equal to the
cost (plus a management fee equal to ten percent [10%] of the cost plus
interest) incurred by the Association for corrective action performed
pursuant to the provisions of this Declaration. (See Corrective Action,
Section 14.1.1 below.)
1.3.13 "Member" shall mean each owner, person or entity holding a membership
in the Association.
1.3.14 "Owner" shall mean the person or other legal entity, including Grantor,
holding fee simple interest of record to a Building Lot which is a part of the
Property, and sellers under executory title retaining contracts of sale, but
excluding those having an interest merely as security for the performance
of an obligation.
1.3.15 "Person" shall mean any individual, partnership, corporation or other legal
entity.
3.16 "Plat" shall mean any subdivision plat covering any portion of the Property
as recorded at the office of the County Recorder, Ada County, Idaho, as
the same may be amended by duly recorded amendments thereof.
1.3.17 "Property" shall mean those portions of the Property described herein
including each lot, parcel and portion thereof and interest therein,
including all water rights associated with or appurtenant to such property,
1.3.18 "Regular Assessment" shall mean the portion of the cost of maintaining,
improving, repairing, managing and operating the landscaping (as set out
herein), Common Areas and all Improvements located thereon, and the
other costs of the Association which is to be levied against the Property of
and paid by each Owner to the Association, pursuant to the terms hereof
or the terms of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3
MIDVALLEY BUSINESS CENTER SUBDIVISION
u
•
1.3.19 "Special Assessment" shall mean the portion of the costs of the capital
improvements or replacements, equipment purchases and replacements
or shortages in Regular Assessments which are authorized and to be paid
by each Owner to the Association, pursuant to the provisions of this
Declaration.
ARTICLE II
Equitable Servitudes
2.1 Common Plan; Preservation of Value Declarant intends to subdivide and
sell and/or lease the Property for various office, business, commercial
and/or industrial uses and desires to subject the Property to these
Restrictions in order to implement a uniform, general and common plan
designed to preserve the value and high quality of the property for the
benefit of the Declarant and other owners of the Property.
2.2 Appropriate Development: The Property is subjected to these Restrictions
to insure appropriate development, improvement and maintenance of
each Lot; to protect the Declarant and Owners of Lots against improper
use which could depreciate the value of their Lot; to preserve the natural
beauty of the Property after development in accordance with those
Restrictions; to provide a means of preventing the erection of improperly
designed or constructed structures; and, in general, to provide for a high
quality of improvement on the Property, and thereby to enhance the value
of investments made by Declarant, or Owners of Lots upon the property or
of adjoining property owned by Declarant.
ARTICLE III
Incorporation of Additional Areas
Declarant shall have the right, at its sole discretion, to designate additional lands
to be made subject to the provisions hereof or to provisions substantially similar hereto
by the due recording of a designation referring to this Declaration and by the setting
forth therein in what respects, if any, the Restrictions covering the additional designated
lands differ from these Restrictions.
ARTICLE IV
The Property subject To This Declaration
4.1 Transfers Subject to these Restrictions: The Property and each Lot and
all or any part of the property shall be held and shall be conveyed,
transferred, sold hypothecated, encumbered, leased, rented and used
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
subject to these Restrictions. Any documents executed in connection with
any type transaction described herein or any similar transaction should
include reference to this Declaration. Any such transaction shall
hereinafter be referred to as a "transfer".
4.2 Acceptance of Restrictions: The acceptance by any person of a
deed, lease or other instrument of transfer of property which is subject to
these Restrictions (all property legally described on Exhibit A) or which is
in the chain of title, including judicial foreclosures, trustees' sales and tax
sales shall be deemed an acceptance of all of such Restrictions. The
burden and obligation to perform in accordance with the Restrictions shall
be part of the consideration for the transfer of any Lot pursuant to such
Deed or other instrument of transfer and shall be deemed an agreement
by such person that Declarant and each of the other Lot Owners shall be
entitled to enforce all of such Restrictions.
ARTICLE V
Architectural Committee
5.1 Declarant hereby establishes an architectural committee (Committee"), to
perform the architectural approval duties specified in these Restrictions.
The original architectural committee shall be initially composed of the
following individuals:
1.
2.
3.
4.
5.
A retiring committee person may be replaced by a majority vote of the
remaining committee persons.
Any two of the above individuals shall constitute a quorum and the
signature of approval of any two of these individuals shall constitute
consent and approval by the architectural committee.
The address of said architectural committee shall be:
At such time as Grantor (or Grantors, successors or related parties) no
longer owns any portion of the property described on Exhibit "A" and does
not own any adjoining property then the Board of Midvalley Business
Center Subdivision shall be the new architectural committee or may
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
designate a new architectural control committee. Designation of the new
committee and its address shall be recorded in Ada County referencing
these CC&R's. Any member of the Committee (except Declarant and
those named above) may be removed by a vote or written assent of the
holders of fifty-one (51 %) percent of the votes in the Association.
No Architectural Committee member shall be personally liable in any way
for any action or any inaction taken or not taken pursuant to these
Covenants, Conditions and Restrictions.
ARTICLE VI
Plans: Approvals
6.1 Design Standards: All improvements and landscaping of any kind shall
conform to those Midvalley Business Center Subdivision Design
Standards" (the Design Standards) attached hereto as Appendix 1 and
which are incorporated herein as if set forth in full.
6.2 Approval by Architectural Control Committee• No structure, improvement
or landscaping shall be constructed, nor alteration to the exterior of a
structure or improvements of landscaping be made (hereinafter
collectively referred to as the "Improvements" or the "Construction") unless
preliminary and final architectural drawings, plans and specifications
therefor, showing adequately for interpretative purposes each exterior
element thereof, including without limitation by enumeration color scheme,
design, elevations, location(s) on Lot, plans for grading and drainage,
excavation, landscaping, signage, parking, loading, storage and refuse
area, walls, lighting, irrigation, utilities and other items of site development
work (hereinafter collectively referred to as the "Plans') both preliminary
and final, shall first have been submitted to and approved in writing by the
Committee. The Plans shall also detail to the satisfaction of the
Committee the traffic, noise and odors that can reasonably be anticipated
from the Improvements to be constructed.
6.3 Basis of Approval: Approval shall be based among other things on
adequacy of site dimensions; conformity and harmony of external design
with neighboring structures and uses; effect of location and use of
improvements on neighboring sites, operations, improvements and uses
as well as compatibility with surrounding development and conformance
with the adopted design standards.
6.4 Preliminary Plans Submittal: Prior to submission to governmental
authorities, the Owner shall submit three sets of preliminary Plans, in such
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
form as may reasonably be required by the Committee for approval. As
quickly as possible but within thirty (30) days after receipt, the Committee
shall either (i) approve the Plans or (ii) reject the Plans, stating the reason
for the rejection and where appropriate, the changes, modifications and/or
correction which the Committee demands, as a condition for approval.
6.5 Final Plans Submittal: Following approval of the preliminary Plans,
the Owner shall cause final Plans to be prepared and shall submit them to
the Committee for approval. The final Plans shall be defined as all
documents required to be submitted to the relevant governmental
authorities precedent to the issuance of a valid building permit.
6.6 Action in thirty (30) Days• In the event the Committee fails to approve or
disapprove the Plans within thirty (30) days after receipt thereof, such
approval will not be required so long as the plans are in conformance with
the Design Standards.
6.7 Disapproval: The Committee may disapprove any and all Plans submitted
on any reasonable ground including but not limited to any of the following:
(a) failure to comply with any of the provisions set forth in this Declaration
including the "Design Standards"; (b) failure to include information in the
Plans as may have been reasonably requested by the Committee; (c)
incompatibility of exterior design or material with any existing structure or
any structure proposed and previously approved by the Committee; (d)
inadequacy of the number of on-site parking spaces or objection to the
design and location of the parking area or spaces, loading docks, storage
and refuse areas, walls, fencing, irrigation, lighting, utility placement,
landscaping, signage, grading or color scheme; (f) objection to the color
scheme, finish or portion, style of architecture, height, bulk,
appropriateness of any proposed improvement in relation to other
improvements existing or proposed and approved by the Committee; (g)
objection to the landscaping plan as not conforming to other uses or
approved plans; (h) any other matter which in the reasonable judgment of
the Committee would render the proposed improvements or use
discordant with the improvements on the Property, either then existing or
planned and previously approve by the Committee.
6.8 Approval Good for Three Years• In the even Owner does not commence
construction within three (3) years after approval of Plans, said approval
shall terminate, in which event Owner shall be required to resubmit the
Plans to the Committee for approval prior to engaging in construction, as
hereinbefore specified. After construction of any improvement has
commenced, the work shall be diligently completed and in any event shall
be completed within one (10 year of commencement of construction.
Failure to comply with this section shall constitute a breach of these
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
Declarations and subject the defaulting party or parties to all enforcement
procedures set forth herein in addition to any remedies provided for in law.
6.9 Code Compliance• Responsibility for compliance with any and all
applicable governmental rules, building codes, laws, ordinances,
regulations and other codes shall be the responsibility of each individual
Owner and no approval hereunder shall be construed to impose any
liability on Declarant or the Committee in the event the Plans fail to so
comply. Neither Declarant nor the Committee shall be responsible for
structural or other inadequacy or defects of any kind or nature whatsoever
in the Plans or in the structure or improvements erected in accordance
therewith.
ARTICLE VII
Regulation of Uses
7.1 Allowed Uses: Except as limited herein, all Lots shall be used for any
of the following: Hotel; motel; restaurant; commercial (as allowed by
Meridian Zoning Ordinance); retail; service-commercial; financial; athletic
facilities; office; research and development; warehouse; distribution or
manufacturing purposes; "flex-space buildings; all with such auxiliary uses
within the buildings on each Lot as is necessary for the conduct of the
primary business therein and for no other purpose unless approved by the
Architectural Control Committee. Declarant may designate that certain
portions of the Property shall be used for only certain of the above uses at
its sole discretion, and Declarant may, on any lots still owned by
Declarant, restrict future uses on those lots owned by Declarant. All uses
shall be in conformity with Meridian City Zoning ordinances and building
codes, and any other applicable local, state or federal standards.
In the event that a zoning rule or ordinance is in conflict with a designated
use, then the zoning rule or ordinance shall apply.
7.2 Special Use Limitations: (See 7.3 below)
7.3 Prohibited Uses:
7.3.1
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8
MIDVALLEY BUSINESS CENTER SUBDIVISION
Hazardous Materials: No toxic materials as regulated or defined by
any city, state or federal laws, rules or regulations shall be disposed of on
the property described herein. For purposes here "toxic materials"
includes but is not limited to "hazardous substances", "hazardous
materials" or "toxic substances" defined in any local, state or federal
statutes or regulations including but limited to the Comprehensive
Environmental Response Compensation on Liability Act, 1980, as
! ~
amended 42 USC 961 et. seq.; Hazardous Materials Transportation Act,
49 USC 1801 et. sea.; The Resource and conservation Recovery Act, 42
USC 6901 et. seq.; and related laws. No commercial storage of such
materials shall be allowed at any time. Any owner may use such materials
in the owner's business conducted on the premises so long as such use
complies with all local, state and federal rules, laws and ordinances and
so long as no other owners are adversely affected by such use.
7.3.2 Offensive Activity Nuisance• No noxious or offensive trade, business
or activity shall be carried on, about or upon any Lot nor shall anything be
done thereupon which may be or become an annoyance or nuisance
within the Property or which would adversely affect the property values of
other lots including without limitation distillation of bones, dumping
disposal, incineration, or reduction of garbage, sewage, offal, dead
animals or refuse, fat rendering, stockyard or slaughter of animals.
7.3.3 Petroleum: No lot shall be used for the refinery of petroleum or its
products, or storage of petroleum. Provided, however, that fuel or
manufacturing materials to be actually used on the premises may be
stored on the premises (in such amounts as is the minimum necessary for
the manufacturing process or use) so long as the storage facilities meet all
local, state and federal statutes, rules and regulations concerning such
storage and the owner assumes all liability relating to said storage.
7.3.4 Toxic Material: Under no circumstances shall disposal of any toxic
materials be permitted on any portion of the property described in Exhibit
A. No chemicals or noxious effluent shall be discharged into the sewage
system in violation of any local, state or federal standards.
7.3.5 Minerals: No oil drilling, oil development, gravel operations, refining,
mining operations or the like shall be permitted upon or in any of the Lots,
nor shall oil wells, tanks, tunnels, mineral operations or shafts be
permitted upon or in any Lots.
ARTICLE VIII
Maintenance and Repair Drainage
8.1 General: Driveways, structure exteriors and other outdoor areas on
each Lot shall be maintained in a neat and careful manner commensurate
with high quality standards of care. After construction of any
Improvements on any Lot, it is required that all areas not built upon, paved
or otherwise improved, must be landscaped and kept weed free as
provided in the Design Standards (Appendix 1 attached).
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9
MIDVALLEY BUSINESS CENTER SUBDIVISION
8.2 Four (4) Foot Roadway Landscaping Strip• Each owner shall install
and properly maintain a four foot landscape buffer along all lot lines
adjoining this four (4) foot landscaping buffer area along all roads and
streets is to maintain a consistent and .aesthetically pleasing appearance
to the entire development. In the event that this buffer area is not properly
landscaped according to the Design Standards or properly maintained, the
Declarant and/or the Committee (in addition to any other rights created
herein) shall have the right, but not the obligation, to properly landscape or
maintain this buffer area at the sole expense of the owner and the cost
thereof shall be paid by the owner and treated as an "assessment" to that
owner as provided herein.
8.3 Landscaping Percentaq_e• Each owner shall install and maintain
landscaping on a minimum of ten percent (10%) of the total square
footage of the lot. [For example, if a lot is 100,000 square feet, there shall
never be less than 10,000 square feet of landscaping.] More landscaping
is encourage but under no circumstances shall it become less that 10% of
the square footage of the entire lot.
8.4 Special Four (4) Foot Landscape Buffer The West and South boundaries
of the subdivision are affected by this section:
In this four (4) foot landscape buffer area Developer shall install a four (4)
foot wide landscape buffer area which shall include a berm at least one
half (.5) foot in height. As provided in 8.5 below this landscape buffer shall
be maintained by the Association as a common area expense.
8.5 Maintenance of All Landscaping by Midvalley Business Center Subdivision
Association. As set out herein all lot owners in this subdivision shall be
members of the lot owners association named Midvalley Business Center
Subdivision Association" (referred to herein as the "Association").
Except as provided in 8.5.2 below all Common Area lots of this subdivision
and all landscaping on individual lots in this subdivision (including privately
installed landscaping) shall be managed by and maintained by the
Association. The Association shall have an easement on all landscaping
areas in this Subdivision for the purposes of maintaining landscaping.
All Common Area lots landscaping shall be installed by the Developer
(presently Declarant) but thereafter maintained by the Association.
All individual lot landscaping and adequate underground individual lot
sprinkler systems shall be installed by the lot owner after the site
improvements are constructed. After the individual lot owner constructs
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -10
MIDVALLEY BUSINESS CENTER SUBDIVISION
the landscaping and sprinkler system on that lot the maintenance of the
landscaping shall be done by the Association.
8.5.1 Allocation of Landscape Maintenance Costs• The costs of maintenance
of the landscaping shall be allocated amongst the lot owners by two
methods:
a. Common Areas and Common Are maintenance costs (including the four
[4] foot buffer areas) shall be paid by all lot owners in the subdivision (as a
Common Area expense assessed by the Association) shared pro-rata
based on the square footage of the entire land area of all building lots in
the subdivision. [For example, if a lot contains 34,000 square feet and all
building lots contains 1,133,33 square feet (excluding roads, Common
Area lots, and the Nampa-Meridian pressurized irrigation lot), then that
owner would pay three percent (3%) of the total cost of the maintenance
of the Common Areas and common area landscape areas (34,000 divided
by 1,133,33 = 3%).)
b. Individual lot landscaping maintenance costs shall be paid by all lot
owners who have installed landscaping on their lots. These costs shall be
shared pro-rata based on the square footage of each lot landscaped
divided by the square footage of all lots which have been landscaped. [for
example, if one landscaped lot is 34,000 total square feet and there are
nine individual lots with landscaping maintained by the Association, and
these all total 485,714 square feet, then the lot owner with the 34,000 total
square footage would pay seven percent (7%) of the costs associated with
the maintenance of the landscaping on those individual lots. These costs
shall be assessed by the Association and paid by the respective lot
owners.
c. All water costs for landscaping paid by the Association shall be allocated
and shall be paid for under the same formula set out in a. and b. above.
Any Nampa-Meridian Irrigation District assessments assessed directly to
each lot owner shall be paid for by each lot owner.
8.5.2 Individual Lot Landscape Maintenance At any time, by written notice to
all owners, the Association may elect to cease maintenance of the
landscaping on individual lots. upon such an election the maintenance of
landscaping shall be performed by the individual lot owners. Even if the
Association elects not to maintain the landscaping on individual lots, the
Association shall continue to maintain the Common Areas and the
common landscape buffer areas set out in this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -11
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
8.6 Exterior: The exterior of all structures shall be maintained in good,
neat condition and repair, including regular maintenance, painting, window
washing and replacement.
8.7 Other Buildings. No trailer, mobile home, shed or other temporary
building may be erected or located on any Lot except in the course of a
diligently pursued construction project and then only for the reasonable
period of construction. Following construction such shall be removed. All
construction shall be performed in a manner designed not to interfere with
the use of other lots by their Owners and shall be performed as provided
in the Design Standards.
8.8 Auxiliary; Structures Auxiliary structures, antennas, aerials, cables
or other mechanisms related to communications, roof surfaces, all
electrical and mechanical apparatus, equipment, fixtures, conduit, ducts,
vents, flues and pipes mounted or placed upon the roof surface, or
extending above the roof line of any building or structure, shall be
concealed from view form the streets and from buildings on other lots in
an architecturally treated manner as set out in the Design Standards or
approved by the Committee, unless the Committee has granted specific
written approval of other measures which would minimize the visual
effects as viewed from the streets and other buildings on other Lots.
8.9 Utilities: All on-site electrical, telephone and other utility lines shall be
underground, and shall not be exposed on the exterior of any structure
unless approved in writing by the Committee.
8.10 Drainage: Each lot owner shall comply with all local, state and federal
rules and regulations regarding drainage and on-site retention of water
and construct and maintain the proper facilities therefor. In the event that
the owner fails or neglects to construct the necessary systems or fails or
neglects to properly maintain said systems then Declarant and/or the
Committee or the Association shall have the right 9but not the obligation)
to cause said construction or maintenance to be done and said lot owner
shall reimburse all such costs and these costs shall be treated as a
"limited assessment" as provided herein. Declarant and/or the
Association shall have the right to maintain certain "common" drainage
systems and to treat those maintenance costs as common area
maintenance costs.
8.11 Garbage: No garbage, rubbish or cuttings shall be deposited or
suffered to be on any Lot unless placed in approved containers, suitably
located and screened on any Lot, so as to avoid detracting from the
physical appearance of such Lot and the neighboring Lots. No building
material of any kind or character or landscaping material shall be placed
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -12
MIDVALLEY BUSINESS CENTER SUBDIVISION
or stored upon any Lot until the Owner is ready to commence construction
thereon.
8.12 Weeds: Noxious grass, weeds, vegetation, leaves, fallen or dead
trees, shrubs, vines or ground covers which are unsightly or likely to
constitute a fire or safety hazard shall be promptly removed from each Lot
by the Owner thereof. Each lot owner whose lot adjoins any canal or drain
ditch on the property shall also remove these items existing along the
canal bank.
8.13 Fences:
8.13.1 Not Used
8.13.2 Perimeter Fence: Prior to development Grantor (or Grantor's successor)
shall install a fence along the outside perimeter of Midvalley Business
Center Subdivision. Once installed the perimeter fence shall be
maintained by the Association and the costs of such maintenance shall be
shared pro-rata among all lots in this subdivision based on square footage
[under the same formula for common landscape costs set out in
Paragraph 8.5.1(a)].
8.13.3 Side Fences in Landscape Buffer Area Prohibited No side fences shall
be permitted in the four (4) foot buffer areas.
8.13.4 Other Fences: Other property line fences are not required. If
installed by an owner, they must be first approved by the Architectural
Committee, meet Meridian City Ordinances, and shall be properly
maintained by the owner.
ARTICLE IX
Parking, Loadinp, Storage; Setbacks
9.1 Parkins: For each building constructed, there shall be provided
parking areas on the Lot, laid out and constructed in accordance with
plans approved as specified herein, and maintained thereafter in good
condition. Such parking areas shall be constructed of all weather, dust-
free surface. For any Improvement constructed on a Lot sufficient parking
areas must be located on the Lot so as to accommodate the foreseeable
parking requirements of the Improvement's users. No off-site parking shall
be permitted. the number of parking spaces shall be at least the number
required by the City of Meridian parking ordinances.
9.2 Loading:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -13
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
(a) All loading and unloading of vehicles shall be conducted upon the
Lot. Sufficient loading and unloading places shall be provided on
each Lot to serve all buildings thereupon. Buildings and structures
shall be so designed and placed upon the Lot and loading facilities
shall be so constructed that motor vehicles of the maximum length
permitted by the State may be loaded or unloaded at any loading
dock or door, or loading area without extending beyond the
property line.
(b) Loading docs shall be set back, landscaped and screened to
minimize their exposure from the street, but in any event shall
require, along with all other plans, the written approval of the
Committee.
9.3 Storac~e~.
(a) No materials, supplies or equipment, including company owned or
operated trucks and motor vehicles shall be stored in any area on a
Lot except inside a closed building, or behind a visual barrier
approved by the Committee, screening such areas from the street
and from view of adjoining properties, which barrier shall be at least
six (6) feet in height.
(b) Storage areas shall be located on the rear portion of the Lots,
unless other locations are specifically approved by the Committee
and shall be screened from view.
9.4 Setbacks: All setbacks shall conform to the setback requirements of the
Meridian City Ordinances.
ARTICLE X
Common Areas and Maintenance Charges
10.1 Common Area Lots: All Common Area lots are to be deeded to the
Association and are to be governed, managed and maintained by the
Association. Common Area lots shall be subject to an easement to the
City of Meridian as the City may require for sewer and water and may also
be used for pedestrian, bicycle and emergency traffic as such may be
permitted or required by the City of Meridian and/or ACRD.
All costs associated with these Common Area lots owned by the
Association (except initial installation) shall be paid pro-rata by all lot
owners in the subdivision under the formula described for common Area
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -14
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
landscaping in Paragraph 8.5.1(1) [i.e., a lot owner whose lot area is three
percent (3% of the total area of all building lots will pay three percent (3%)
of all costs associated with these Common Area lots].
10.2 Common Landscape Areas The "Common Landscape Areas" to be
commonly maintained are set out in Paragraph 8 above. Not withstanding
that these landscape areas are to be commonly maintained by the
Association, the control and use of these "Common Landscape Areas" on
individual lots shall be exclusively with the individual lot owner. [the fact
that landscaping on an individual lot is "commonly" maintained does not
mean that other members have any rights to the use of the commonly
maintained area on individual lots.] The Association shall have an
easement on all lots for maintenance of landscaping described in this
Declaration.
ARTICLE XI
Signs
11.1 Approval: All signs must be consistent with the Design Standards and
approved by the Architectural Committee. Unless approved otherwise, all
lots shall have one permanent identification sign at or near the main
entrance to the parcel limited to five (5) feet in heights. All signs should be
back lit. Signs should be generally consistent in style and type as exist in
the park at the time of installation.
11.2 Ordinances: All signs must comply with Meridian City Ordinances.
ARTICLE XII
MIDVALLEY BUSINESS CENTER SUBDIVISION
12.1 Organization of Midvalley Business Center Subdivision: Midvalley
Business Center Subdivision (the "Association") shall be initially organized
by Grantor as an Idaho non-profit corporation under the provisions of the
Idaho Code relating to general non-profit corporations and shall be
charged with the duties and invested with the powers prescribed by law
and set forth in the Articles, Bylaws and this Declaration. Neither the
Articles nor the Bylaws shall be amended or otherwise changed or
interpreted so as to be inconsistent with this Declaration.
12.2 Membership: Each Owner, by virtue of being an Owner and for so long as
such ownership is maintained, shall be a Member of the Association. The
memberships in the Association shall not be transferred, pledged,
assigned or alienated in any way except upon the transfer of Owner's title
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -15
MIDVALLEY BUSINESS CENTER SUBDIVISION
and then only to the transferee of such title. Any attempt to make a
prohibited membership transfer shall be void and will not be reflected on
the books of the Association.
12.3 Voting: Voting in the Association shall be carried out by Declarant
and Members who shall cast the votes attributable to the Building Lots
which they own, or attributable to the Building Lots owned by Grantor.
The number of notes any Member may cast on any issue is determined by
the number of Building Lots which the Member, including Grantor, owns.
When more than one person holds an interest in any Building Lot, all such
persons shall be Members but shall share the vote attributable to the
Building Lot. One lot, one vote. For voting purposes, the Association
shall have two (2) CLASSES OF Members as described below:
12.3.1 Class A Members: Owners other than Grantor shall be known as Class A
Members. Each Class A Member shall be entitled to cast one (1) vote for
each Building Lot owned by such Class A Member(s) on the day of the
vote. One lot, one vote.
12.3.2 Class B Member: The Grantor shall be known as the Class B Member,
and shall be entitled to three (3) votes for each Building Lot of which
Grantor is the Owner. The Class B Member shall cease to be a voting
Member in the Association on the happening of either of the following
events, whichever occurs earlier:
(a) When eight-five (85%) percent of the Building Lots have been sold to
Owners other than Grantor; or
(b) On December 31, 2012.
Fractional votes shall not be allowed. In the event that joint Owners are
unable to agree among themselves as to how their vote or votes shall be
cast, the shall lose their right to vote on the matter being put to a vote.
When an Owner casts a vote, it will thereafter be presumed conclusively for
all purposes that such Owner was acting with authority and consent of all
joint Owners of the Building Lot (s) from which the vote derived. The right
to vote may not be severed or separated from the ownership of the Building
Lot to which it is appurtenant, except that any Owner may give a revocable
proxy, or may assign such Owner's right to vote to a lessee, mortgagee,
beneficiary or contract purchaser of the Building Lot concerned, for the
term of the lease, mortgage, deed of trust or contract. Any sale, transfer or
conveyance of such Building Lot to a new Owner shall operate
automatically to transfer the appurtenant voting right to the new Owner,
(subject to any prior assignment of the right to vote to a lessee, mortgagee,
or beneficiary as provided herein).
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -16
MIDVALLEY BUSINESS CENTER SUBDIVISION
12.4 Board Of Directors and Officers: The affairs of the Association
shall be conducted and managed by a Board of Directors (:Board") and
such officers as the Board may elect or appoint, in accordance with the
Articles and Bylaws, as the same may be amended from time to time. The
initial Board of Directors for the Association to serve for the first year shall
be
. whose initial address shall be
. Thereafter, the Board of the Association shall be elected in
accordance with the provisions set forth in the Association Bylaws.
12.5 Power and Duties of the Association:
12.5.1 Powers: The Association shall have all the powers of a corporation
organized under the general corporation laws of the State of Idaho
subject only to such limitations upon the exercise of such powers as are
expressly set forth in the Articles, the Bylaws, and this Declaration. The
Association shall have the power to do any and all lawful things which may
be authorized, required or permitted to be done by the Association under
Idaho law and under this Declaration, and the Articles and Bylaws, and to
do and perform any and all acts which may be necessary to, proper for, or
incidental to the proper management and operation of the Common Area,
Common Landscape Area, and the Association's other assets, including
water rights when and if received form Grantor, and affairs and the
performance of the other responsibilities herein assigned, including
without limitation:
12.5.1.1 Assessments: The power to levy Assessments on any Owner
or any portion of the Property and to force payment of such
Assessments, alf in accordance with the provisions of this
Declaration.
12.5.1.2 Right of Enforcement: The power and authority from time to
time in its own name, on its own behalf, or on behalf of any Owner
who consents thereto, to commence and maintain actions and suits
to restrain and enjoin any breach or threatened breach of these
Declaration or the Articles or the Bylaws.
12.5.1.3 Emer ency Powers: The power, exercised by the Association
or by any person authorized by it , to enter upon any property (but
not inside any building constructed thereon) in the event of any
emergency involving illness or potential danger to life or property or
when necessary in connection with any maintenance or
construction for which the Association is responsible. Such entry
shall be made with as little inconvenience to the Owner as
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -17
MIDVALLEY BUSINESS CENTER SUBDIVISION
practicable, and any damage caused thereby shall be repaired by
the Association.
12.5.1.4 Licenses, Easements and Rights-of -way: The power to grant
and convey to any third party such licenses, easements and rights-
of-way in, on or under the Common Area or any additional
easement areas of any Lots as may be necessary or appropriate
for the orderly maintenance, preservation and enjoyment of the
Common Area, and for the preservation of the health, safety,
convenience and the welfare of the Owners, for the purpose of
constructing, erecting, operating or maintaining:
12.5.1.4.1 Underground lines, cables, wires, conduits or other devices for the
transmission of electricity or electronic signals-for lighting, heating,
power, telephone, television or other purposes, and the above
ground lighting stanchions, meters, and other facilities associated
with the provisions of lighting and services; and
12.5.1.4.2 Public sewers, storm drains, water drains and pipes, water supply
systems, sprinkling systems, heating and gas lines or pipes, and
any similar public orquasi-public improvements or facilities.
12.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any
service facility, berm, fencing and landscaping abutting common
areas, public and private streets or land conveyed for any public or
quasi-public purpose. The right to grant such licenses, easements
and rights-of--way are hereby expressly reserved to the Association
and may be granted at any time prior to twenty-one (21) years from
the date of recording of these CC&R's.
12.5.2 Duties: In addition to duties necessary and proper to carry out
the power delegated to the Association by this Declaration, and the
Articles and Bylaws, without limiting the generality thereof, the
Association or its agent, if any, shall have the authority to perform,
without limitation, each of the following duties:
12.5.2.1 Operating and Maintenance: Operate, maintain, and otherwise
manage or provide for the operation, maintenance and
management as described in this Declaration and assess owners
for all costs relating thereto.
12.5.2.2 Maintenance of Berms Retaining Walls Fences Common
Landscape and Irri ation Systems: Maintain any and all
berms, fences and common landscape and irrigation systems and
Common Area lots.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -18
MIDVALLEY BUSINESS CENTER SUBDIVISION
12.5.2.3 Taxes and Assessments: Pay all real and personal property taxes
and Assessments separately levied against the Common Area or
against the Association and/or any other property owned by the
Association. Such taxes and Assessments may be contested or
compromised by the Association, provided, however, that such
taxes and Assessments are paid or a bond insuring payment is
posted prior to the sale or disposition of any property to satisfy the
payment of such taxes and Assessments. In addition, the
Association shall pay all other federal, state or local taxes, including
income or corporate taxes levied against the Association, in the
event that the Association is denied the status of a tax exempt
corporation.
12.5.2.4 Water and Other Utilities: Acquire, provide and/or pay for
water, operations costs, landscaping replacements, maintenance
and other necessary services as set out in this Declaration.
12.5.2.5 Insurance: Obtain insurance from reputable insurance
companies authorized to do business in the State of Idaho, and
maintain in effect any insurance policy the Board deems necessary
or advisable, including, without limitation the following policies of
insurance:
12.5.2.5.1 Comprehensive public liability insurance insuring the Board, the
Association, the Grantor and the individual grantees and agents
and employees of each of the foregoing against any liability incident
to the ownership, maintenance and/or use of the Common Area, or
duties performed under this Declaration.
12.5.2.5.2 Full coverage directors' and officers' liability insurance.
12.5.2.5.3 Such other insurance, including motor vehicle insurance and
Workman's Compensation insurance, to the extent necessary to
comply with all applicable laws and indemnity, faithful performance,
fidelity and other bonds as the Board shall deem necessary or
required to carry out the Association functions or to insure the
Association against any loss from malfeasance or dishonesty of
any employee or other person charged with the management or
possession of any Association funds or other property.
12.5.2.5.4 The Association shall be deemed trustee of the interests of all
Owners in connection with any insurance proceeds paid to the
Association under such policies, and shall have full power to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -19
MIDVALLEY BUSINESS CENTER SUBDIVISION
• •
receive such Owner's interests in such proceeds and to deal
therewith.
12.5.2.5.5 Insurance premiums for the above insurance coverage and all
Association costs shall be deemed a common expense to be
included in the Regular Assessments levied by the Association.
12.5.2.6 Enforcement of Restrictions and Rules: Perform such other acts,
whether or not expressly authorized by this Declaration, as may be
reasonably advisable or necessary to enforce any of the provisions
of the Declaration, or of the Articles or Bylaws, including, without
limitation, the recordation of any claim of lien with the Ada County
Recorder, as more fully provide herein.
12.6 Liability: No Member of the Board, or member of any committee of
the Association, or any officer of the Association, or the Grantor (or
Grantor's agent, officers, directors or shareholders) shall be personally
liable to any Owner, or to any other party, including the Association, for
any damage, loss or prejudice suffered or claimed on the account of any
act, omission, error or negligence of the Association, the Board, or any
other representative or employee of the Association, the Grantor, or any
committee, or any ofFcer of the Association, or the Grantor, provided that
such person, upon the basis of such information as may be possessed by
such person, has acted in good faith without willful or intentional
misconduct.
12.7 Budgets and Financial Statements: Financial statements for the
Association shall be prepared regularly and copies shall be distributed to
each Member of the Association as follows:
12.7.1 Operating Statement. A pro forma operating statement or
budget, for each fiscal year shall be distributed to all owners before
the beginning of each fiscal year. The operation statement shall
include a schedule of Assessments received and receivable,
identified by the Building Lot number and the name of the owner or
person or entity related thereto.
12.7.2 Balance Sheet: Within thirty (30) days after the close of each
fiscal year, the Association shall cause to be prepared and
delivered to each Owner, a balance sheet as of the last day of the
Association's fiscal year and annual operating statements reflecting
the income and expenditures of the Association for its last fiscal
year. Copies of the balance sheet and operating statement shall be
distributed to each Member within ninety (90) days after the end of
each fiscal year.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20
MIDVALLEY BUSINESS CENTER SUBDIVISION
12.8 Meetings of Association: Each year the Association shall hold at least
one meeting of the Members, according to the schedule for such meetings
established by the Bylaws; provided, that such meeting shall occur no
earlier than A rp it 15 and no later than May 31 each year. Only Member
shall be entitled to attend Association meetings, and all other persons
may be excluded. Notice for all Association meetings, regular or special,
shall be given by regular mail to all Members, and any person in
possession of a Building Lot, not less than ten (10) days nor more than
thirty (30) days before the meeting and shall set forth the place, date and
hour of the meeting and the nature of the business to be conducted. All
meetings shall be held within the Property or as close thereto as practical
at a reasonable place selected by the Board. The presence at any
meeting of the Class B Member (or representative) where there is such a
Member, and of the Class A Members representing Owners holding at
least ten percent (10%) of the total votes of all Class A members, shall
constitute a quorum. If any meeting cannot be held because a quorum is
not present, the Members present may adjourn the meeting to a time not
less than ten (10) days nor more than thirty (30) days from the time the
original meeting was scheduled. A second meeting may be called as the
result of such an adjournment, provided notice is given as provided above.
At any such meeting properly called, the presence of any Member shall
constitute a quorum.
ARTICLE XIII: ASSESSMENTS
13.1 Covenant to Pay Assessments: By acceptance of a deed to any
property in Midvalley Business Center Subdivision each Owner of such
property hereby covenants and agrees to pay when due all Assessments
or charges made by the Association, including all Regular, Special and
Limited Assessments and charges made against such Owner pursuant to
the provisions of this Declaration or other applicable instrument.
13.1.1 Assessment Constitutes Lien Such Assessments and charges
together with interest, costs and reasonable attorneys' fees which
may be incurred in collecting the same, shall be a charge on he
land and shall be a continuing lien upon the property against which
each such Assessment or charge is made.
13.1.2 Assessment is Personal Obligation: Each such Assessment,
together with interest, costs and reasonably attorneys' fees, shall
also be the personal obligation of the Owner of such property
beginning with the time when the Assessment falls due. The
personal obligation for delinquent Assessments shall not pass to
such Owner's successors in title unless expressly assumed by
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21
MIDVALLEY BUSINESS CENTER SUBDIVISION
• •
them but shall remain such Owner's personal obligation regardless
of whether he remains an Owner. The lien set out in 13.1.1,
however, shall continue to run with the land.
13.2 Regular Assessments: All Owners, including Grantor, are obligated to
pay Regular Assessments to the treasurer of the Association on a
schedule of payments established by the Board
13.2.1 Purpose of Regular Assessments: The proceeds from
Regular Assessments are to be used to pay for all casts and
expenses incurred by the Association, including but not limited to
taxes, insurance, legal, attorneys fees, accounting fees,
management fees and other professional fees, for the conduct of its
affairs, including without limitation the costs and expenses of
construction, improvement, protection, maintenance, repair,
management and operation of the Common Area, including all
Improvements located on such areas owned and/or managed and
maintained by the Association, and an amount allocated to an
adequate reserve fund to be established by the Board and to be
used for repairs, replacement, maintenance and improvement of
those elements of the Common Area, or other property of the
Association that must be replaced and maintained on a regular
basis (collectively "Expenses").
13.2.2 Computation of Regular Assessments: The Association shall
compute the amount of its Expenses on an annual calendar basis.
The Board shall compute the amount of Regular Assessments
owned beginning the date the first lot transfer is recorded and
periodically thereafter as is necessary. The Regular Assessment to
be paid by any particular Owner, including Grantor, for any given
fiscal year shall be computed by dividing the Lot Owner's total
square footage by the total square footage of building lots in
Midvalley Business Center Subdivision. Each owner shall pay its
pro-rata share of regular assessments.
13.2.3 Landscape Assessments: The landscape assessments set out in
Paragraph 8.5.1 (a) and (b) shall be computed as set out in 8.5.1
(a) and (b).
13.3 Special Assessments:
13.3.1 Association Set Up Fee: Upon the sale of each lot from Grantor
the buyer of that lot, at closing, shall pay to the Association an
Association Set Up Fee equal to two (2) cents per square foot of
land in that lot sold (e.g. $871.20 per acre). This set up fee shall be
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22
MIDVALLEY BUSINESS CENTER SUBDIVISION
paid in full regardless of the time of year or the date of the closing.
This set up fee shall go into the Association's general funds for
purposes set out in these Declarations.
13.3.2 One Hundred Dollar ($100.OO~pecial Transfer Assessment. Upon
each transfer of a Building Lot to a new Owner the Buyer of that lot
shall pay a special transfer assessment of $100.00 to the
Association which shall go into the Association's general funds for
purposes set out in these Declarations and to defray the costs of
record changes.
13.3.3 Purpose and Procedure: In the event that the Board shall
determine that its respective Regular Assessment for a given
calendar year is or will be inadequate to meet the Expenses of the
Association for an reason, including but not limited to costs of
construction, reconstruction, unexpected repairs or replacement of
capital improvements upon the Common Area, attorney's fees
and/or litigation costs, other professional fees, or for any other
reason, the Board thereof shall determine the approximate amount
necessary to defray such Expenses and levy a Special
Assessment against the portions of the Property within its
jurisdiction which shall be computed in the same manner as
Regular Assessments. The Board shall, in its discretion, determine
the schedule under which such Special Assessment will be paid.
13.4 Limited Assessments: Not withstanding the above provisions with
respect to Regular and Special Assessments, the Board may levy a
Limited Assessment against a Member as a remedy to reimburse the
Association for costs incurred in bringing the Member and/or such
Member's Building Lot into compliance with the provisions of the
governing instruments for Midvalley Business Center Subdivision together
with the 10% management fee and interest as provided below.
13.5 Uniform Rate of Assessment: Unless otherwise specifically provided
herein, Regular and Special Assessments shall be fixed at a uniform rate
per square foot for all Members of the Association.
13.6 Assessment Period: Unless other wise provided in the Articles or
Bylaws, the Assessment period shall commence on January 1 of each
year and terminate December 31 of the year in which the Initiation Date
occurs. The first regular Assessment shall be pro-rated according to the
number of months remaining in the fiscal year. Assessments shall be
payable in installments monthly, quarterly or semi-annually as set by the
Board.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 23
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
13.7 Notice and Assessment Due Date: Written notice of all assessments
shall be given to the Owner at the address of the property covered by this
Declaration or to such other address as the Owner supplies in writing to
the Board. Such notice shall set out the amounts due and the date(s) due.
Each installment of the Regular Assessment or Special Assessment shall
become delinquent if not paid within ten (10) days after the levy thereof.
The Association may bring an actin against the delinquent Owner and may
foreclose the lien against such Owner's Building Lot as more fully provided
herein. Each Owner is personally liable for Assessments, together with all
interest, late fees, costs and attorneys' fees, and no Owner may exempt
such Owner from such liability by a waiver of the use and enjoyment of the
Common Area, or by lease or abandonment of such Owner's Building Lot.
13.8 Late Fees: Interest on Past Due Assessments: Assessments of any kind
which are not paid within ten (10) days of the due date shall be assessed
an additional late charge of $25.00. In Addition, interest shall be paid on
the unpaid assessment at the rate of one and one-half percent (1-1/2:%)
per month from the date the assessment was due until the date of
payment.
13.9 Estoppel Certificate:The Association, upon at least twenty (20) days prior
written request, shall execute, acknowledge and deliver to the party
making such request, a statement in writing stating whether or not, to the
knowledge of the Association, a particular Building Lot Owner is in default
under the provisions of this Declaration, and further stating the dates to
which any Assessments have been paid by the owner. Any such
certificate delivered pursuant to this paragraph may be relied upon by any
prospective purchaser or mortgagee of the Owner's Building Lot.
Reliance on such Certificate may not extend to any default as to which the
signor shall have had no actual knowledge.
ARTICLE XIV
Enforcement of Covenants and Assessments• Liens
The written consent of Owners representing more than sixty-seven percent
(67%) of the combined total Class A and Class B votes in the Association. Such
amendment shall be effective upon its recordation with the Ada County Recorder. Any
amendment to this Article XI shall require the vote or written consent of Members
holding ninety-five percent (95%) of the voting power of the Association.
14.1 Riclht to Enforce: Attorneys Fees: The Association has the right to enforce
these covenants and to collect and enforce its Assessments pursuant to
the provisions hereof. Each Owner of a Building Lot, upon becoming an
Owner of such Building Lot, shall be deemed to covenant and agree to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 24
MIDVALLEY BUSINESS CENTER SUBDIVISION
• •
comply with the terms, covenants, conditions and restrictions contained
herein and to pay each and every Assessment provided for in this
Declaration and agrees to the enforcement of all covenants and
Assessments in the manner herein specified and/or by law. In the event
an attorney or attorneys are employed for the enforcement of any
covenants or the collection of any Assessment, whether by suit or
otherwise, or to enforce compliance with or specific performance of the
terms and conditions of this Declaration, each Owner agrees to pay
reasonable attorney's fees in addition to any other relief or remedy against
such Owner. The Board or its authorized representative may enforce
theses covenants or the obligations of the Owner hereunder by: a) direct
corrective action against the Owner or the offending violation; b) litigation
at law or in equity; c) foreclosure of the liens created herein; d)
expenditure of funds to remedy any violations; and/or 3) any other lawful
action.
14.1.1 Corrective Action: In the event an Owner fails to comply with
any provision of these Declarations, the Board shall have authority to take
appropriate corrective action against said Owner. Each Owner who is the
subject of such corrective action shall pay al the costs of said corrective
action, plus interest on all expended funds from the date of expenditure at
the rate of 1-1/2% per month, plus a management fee equal to ten percent
(10%) of all the costs expended for the corrective action. Such shall be a
Limited Assessment against that Lot and that Lot Owner and shall create
a lien enforceable in the same manner as other assessments set forth in
these CC&R's. The Owner of the offending property shall also be
personally liable and such Owner's property may be subject to a lien for all
costs, management fees, late fees, interest and expenses incurred by the
Association in taking such corrective action, plus all costs incurred in
collec5tion the amounts due including but not limited to attorney fees,
recording fees and costs. If such an assessment is not paid within ten
(10) days of notice of the limited assessment, the Owner shall also be
subject to late fees set out in Paragraph 8.8.
14.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or
its authorized representative, shall give notice to the Owner of the violation
of these Declarations, the remedy necessary and the date by which the
remedy must be completed. In the event the Owner has not remedied the
violation by the time set out in the notice the Owner consents to corrective
action by the Board or its representatives and shall pay all the costs of
such corrective action as set out in these Declarations.
14.2 Assessment Liens
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 25
MIDVALLEY BUSINESS CENTER SUBDIVISION
• •
14.2.1 Creation : There is hereby created a lien with power of sale on
each and every Building Lot to secure payment of any and all
Assessments levied against such Building Lot pursuant to this
Declaration together with interest, late fees and all costs as
provided in these Declarations. All sums assessed in accordance
with the provisions of this Declaration shall constitute a lien on such
respective Building Lots upon recordation of a claim of lien with the
Ada County Recorder. Such lien shall be prior and superior to all
other liens of claims created subsequent to the recordation of the
notice of delinquency and claim of lien except for tax liens for real
property taxes on any Building Lot and Assessments on any
Building Lot in favor of any municipal or other governmental
assessing body which, by law, would be superior thereto.
14.2.2 Claim of Lien : Upon default an any Owner in the payment of any
Owner in the payment of any Assessment issued hereunder, the
Association my cause to be recorded in the office of the Ada
County Recorder a claim of lien. The claim of lien shall state the
amount of such delinquent sums and other authorized charges
(including the cost of recording such notice), a sufficient description
of the Building Lot (s) against which the same have been assessed,
and the name of the record Owner thereof. Each delinquency shall
constitute a separate basis for a notice and claim of lien, but any
number of defaults may be included within a single notice and claim
for lien. Upon payment to the Association of such delinquent sums
and charges in connection therewith or other satisfaction thereof,
the Association shall cause to be recorded a further notice stating
the satisfaction of relief of such delinquent sums and charges. The
Association may demand and receive the cost of preparing and
recording such release before recording the same.
14.3 Method of Foreclosure Such lien may be foreclosed by appropriate
action in court or by sale by the Association establishing the Assessment,
its attorney or other person authorized to make the sale. Such sale shall
be conducted in accordance with the provision of the Idaho Code
applicable to the exercise of powers of sale permitted by law. The Board
is hereby authorized to appoint its attorney, any officer or director of the
Association, or any title company authorized to do business in Idaho as
trustee for the purpose of conducting such power of sale or foreclosure.
14.4 Required Notice : Notwithstanding anything contained in the Declaration
to the contrary, no action my be brought to foreclose the lien created by
recordation of the notice of delinquency and claim of lien, whether
judicially, by power of sale or otherwise, until the expiration of thirty (30)
days after a copy of such claim of lien has been deposited in the United
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 26
MIDVALLEY BUSINESS CENTER SUBDIVISION
• .
States mail, certified or registered, postage paid, to the Owner of the
Building Lot (s) described in such notice of delinquency and claim of lien,
and to the person in possession of such Building Lot (s), and a copy
thereof is recorded by the Association in the Office of the Ada County
Recorder.
14.5 Subordination to Certain Trust Deeds The lien for the Assessments
provided for herein in connection with a given Building Lot shall not be
subordinate to the lien of any deed of trust or mortgage except the lien of
a first deed of trust of first mortgage given and made in good faith and for
value that is of record as an encumbrance against such Building Lot prior
to the recordation of a claim of lien for the Assessments. Except as
expressly provided with respect to a first mortgagee who acquires title to a
Building Lot, the sale or transfer of any Building Lot shall not affect the
Assessment lien provided for herein, nor the creation thereof by the
recordation of a claim of lien, on account of the Assessments becoming
due whether before, on, or after the date of such sale or transfer, nor shall
such sale or transfer diminish or defeat the personal obligation of any
Owner for delinquent Assessments as provided for in this Declaration.
14.6 Rights of Mortgagees Notwithstanding any other provision of this
Declaration, no amendment of this Declaration shall operate to defeat the
rights of the Beneficiary under any deed of trust upon a building lot made
in good faith and for value, and recorded prior to the recordation of such
amendment, provided that after the foreclosure of any such deed of trust
such Building Lot shall remain subject to this Declaration as amended.
ARTICLE XV
Easements
15.1 Easements of Access : Grantor expressly reserves for the benefit of all
the Property reciprocal easements of access, ingress and egress for all
Owners to and from their respective Building Lots for installation and
repair of utility services, for drainage of water over, across and upon
adjacent Building Lots, and Common Area, resulting from the normal use
of adjoining Building Lots or Common Area, and for necessary
maintenance and repair of any Improvement including fencing, retaining
walls, lighting facilities, mailboxes and sidewalk abutments, trees and
landscaping. Such easements may be used by Grantor, and by all
Owners, their guests, tenants and invitees, residing on or temporarily
visiting the Property, for pedestrian walkways, vehicular access and such
other purposes reasonably necessary for the use and enjoyment of a
Building Lot or Common Area.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 27
MIDVALLEY BUSINESS CENTER SUBDIVISION
• •
15.2 Drainage and Utility Easements : Notwithstanding anything expressly or
impliedly contained herein to the contrary, this Declaration shall be subject
to all easements heretofore or hereafter granted by Grantor for the
installation and maintenance or utilities and drainage facilities that are
required for the development of the Property. In addition, Grantor hereby
reserves for the benefit of the Association the right to grant additional
easements and rights-of-way over the Property, as appropriate, to utility
companies and public agencies as necessary or expedient for the proper
development of the Property until close of escrow for the sale of the last
Building Lot in the Property to a purchaser.
15.2.1 Improvement of Drainage and Utility Easement Areas :The Owners of
Building Lots are hereby restricted and enjoined from construction any
Improvements upon any drainage or utility easement areas as shown on
the Plat of Midvalley Business Center Subdivision or otherwise designated
in any recorded document which would interfere with or prevent the
easement from being used for such purpose; provided, however that the
Owner of such Building Lots and the Grantor, Association or designated
entity with regard to the landscaping easement described in the Article X,
shall be entitled to install and maintain landscaping on such easement
areas, and also shall be entitled to build and maintain fencing on such
easement areas subject to approval by the Board, so long as the same
would not interfere with or prevent the easement areas from being used
for their intended purposes; provided, that any damage sustained to
Improvements on the easement areas as a result of legitimate use of the
easement area shall be the sole and exclusive obligation of the Owner of
the Building Lot whose Improvements were damaged.
ARTICLE XVI
Miscellaneous
16.1 Term :The easements created hereunder shall be perpetual, subject only
to extinguishment by the holders of such easements as provided by law.
The covenants, condition, restrictions and equitable servitudes of this
Declaration shall run until December 31, 2025, unless amended as herein
provided. After December 31, 2025, such covenants, conditions and
restrictions shall be automatically extended for successive periods to ten
(10) years each, unless amended or extinguished by a written instrument
executed by Members holding at least three-fourths (3/4) of the voting
power of the Association and such written instrument is recorded with the
Ada County Recorder. Further provided that the Association shall not be
dissolved without the prior written approval of the City of Meridian and Ada
County Highway District, such consent not to be unreasonably withheld
provided that a responsible successor organization shall agree to perform
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 28
MIDVALLEY BUSINESS CENTER SUBDIVISION
r~
LJ
those maintenance responsibilities arising from applicable city and county
governmental requirements.
16.2 Amendment
16.2.1.1 By Grantor : Except as provided in paragraph 16.2.3 below, until
the recordation to the first deed to a Building Lot in the Property,
the provisions of this Declaration my be amended, modified,
clarified, supplemented, added to (collectively, "amendment") or
terminated by Grantor by recordation of a written instrument setting
forth such amendment or termination.
16.2.2 By Owners : Except where a greater percentage is required by
express provision in this Declaration, any amendment to the
provisions of this Declaration, other that this Article, shall be by an
instrument in writing signed and acknowledged by the president
and secretary of the Association certifying and attesting that such
amendment has been approved by a) the vote at a meeting called
for that purpose; or b)
16.2.3 Effect of Amendment: Any amendment of this Declaration
approved in the manner specified above shall be binding on and
effective as to all Owners and their respective properties
notwithstanding that such Owners may not have voted for or
consented to such amendment. Such amendments may add to
and increase the covenants, conditions, restrictions and easements
applicable to the Property but shall not prohibit or unreasonably
interfere with the allowed uses of such Owner's property which
existed prior to the said amendment.
16.2.4 Annexation of Additional Area: Declarant reserves the right to
and at any time may annex and include additional areas owned by
Declarant into these Declarations. Declarant may annex said
additional areas by recording a "Notice of Annexation" with the
County Recorder of Ada County specifically describing the
additional property to be annexed and referring to these
Declarations and specifically stating any other or modified or
additional restrictions that apply to the additional lands. Upon
recording the Notice of Annexation, these Covenants, Conditions
and Restrictions shall apply to the additional lands (as added to or
modified by the Notice of Annexation) as if the additional land were
originally covered herein. Thereafter, the rights, privileges, duties
and liabilities of all parties with respect to the additional lands and
the lands described herein will be governed by these Declarations
and the Notice of Annexation as if all had been done originally.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 29
MIDVALLEY BUSINESS CENTER SUBDIVISION
ARTICLE XVII
Construction and Invalidity
17.1 In the event any of the Restrictions shall be held to be invalid or void by
any court of competent jurisdiction, such invalidity or such void
Restrictions shall in no way affect any other condition, covenant,
restriction, agreement, charge, lien or other matter herein contained.
ARTICLE XVIII
Assignability of Declarant's Rights and Duties
18.1 Any and all of the rights, powers and reservations of Declarant herein
contained may be assigned to any person, corporation or association
which will assume the duties of Declarant pertaining hereto. Once
assigned or transferred Declarant shall have no liability of any kind which
accrues after the date of assignment or transfer.
ARTICLE XIX
Waiver of Partition
19.1 There shall be no judicial partition of the property subject to this
Declaration of Covenants, Conditions and Restrictions except as may be
otherwise provided under appropriate Idaho statutes. Each Owner and
the successors of each owner, for the benefit of their respective Lots and
for the benefit of all other Owners specifically waive and abandon all rights
for a judicial partition of any tenancy in common ownership of any Lot and
do further promise and covenant that no action for such judicial partition
shall be initiated, prosecuted or reduced to judgment. Declarant may
subdivide any of Declarant property pursuant to governmental approvals
as necessary. No other lot owner, however, may subdivide a lot without
the express written approval of the Declarant and approval of all affected
governmental agencies.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 31
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as
of the day of , 1998.
Midvalley Business Center Subdivision
By
By
STATE OF IDAHO )
SS.
COUNTY OF ADA )
On this day of 1998, before me, the undersigned, a
Notary Public in and for said State, personally appeared
and ,known or
identified to me to be the President and the Secretary/Treasurer, respectively, of
Midvalley Business Center Subdivision Corporation, the corporation that executed the
within and forgoing instrument, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 32
MIDVALLEY BUSINESS CENTER SUBDIVISION
EXHIBIT "A"
Legal Description
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 33
MIDVALLEY BUSINESS CENTER SUBDIVISION
'~~ 7`~ RUBBLE ENGINEERING, INC.
~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329
9 Q,
tip SURVEy0
Project No. 9818900 August 13, 1998
EXHIBIT "A"
DESCRIPTION FOR
MIDVALLEY BUSINESS CENTER SUBDIVISION
Lot 10 of Amended Magic View Subdivision, according to the official plat
thereof, filed in Book 52 of Plats at Pages 4445 and 4446, and Amended by an
Affidavit recorded July 13, 1986, as Instrument No. 8629311, Official Records of
Ada County, Idaho.
Prepared by:
NUBBLE ENGINEERING, INC.
GGC/vw/MidvalleyBusinessCenter Gregory G. Carter, P.L.S.
EXHIBIT "B"
Plat Map
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 34
MIDVALLEY BUSINESS CENTER SUBDIVISION
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EXHIBIT C
Bylaws
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 35
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
APPENDIX 1
Design Standards
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 36
MIDVALLEY BUSINESS CENTER SUBDIVISION
•
-_
NOTICE IS HEREB NOTIC
and t Y GIV E OF HARING
EM Pursuant to the Or .
he Lass of the State o dr
f Idaho, that the nanCes of the City of l~ .
CrtY of Meridian will hol
Planning and endlan
Meridia d a Public heari ZOnrn9 Co
n' I daho, at the rag at the mmission of the
hour Meridian City Hall, 33
reviewin °f 7:00
g and p•m' °n October 13 199 East Idaho
considering the Street,
zpning of apPro application of 8, for the Pu
xrrnately 5.4 Hubble rPOSe of
Road / 1_ acres of land whic Engrneenng for
~ interch annexation an
an9e, west of h rs generally locate d
C'G• existing Texaco, T
he applrc d northwest of Eagle
Fu~'her the applic anon -requests a zone of
ant re
above describ quests preli
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wilding lots for proposed approval of the
Fu~her the Mrdv Parcel of land
applicant re alley gusineSS Par
°ffCe buildin quests
9, equi a conditional k Subdivision.
Pment yard and use permit for 24 560 s
A more garage with sec 4uare
Particular deSCri urity fence foot
once at Meridian City H Ption of the above pro
all, 33 East Idaho Party rs on file in the Ci ,
regal ar business hours. Street tY Clerk s
' and is available for inspeCtio
A COPY of the n during
application is available upon
persons shall be heard at s .
request. gray and all interes
submit testi and Public hearing and the
moray, tad
Public is welcome and invit
~ATE~ this 1 ~ to day of ed to
September, 1998.
PUBLISH September 23
and October 7 1998.
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CITY of MERIDIAN
33 E Idaho Avenue
Meridian, Idaho 83642
CHECK REQUEST
PAY: Hubble Engineering REQUESTED BY:
PO Box 190161 CHECK NEEDED BY:
Boise, Idaho 83719 PLEASE CHECK ONE: ^ Mail Check
refund Fence De osit for Mid Valle Center Sub 01-0000-22125 6,088.50
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"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
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SEP-21-1999
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HUBBLL~NGINEERING, INC. ~
9550 Bethel Court ^ Boise, Idaho 83709
2081322-8992 a Fax 208/378-0329
September 21, 1999
Mr. Robert D. Corrie, Mayor
Mr. Charles Rountree, Council Member
Mr. Glenn Bentley, Council Member
Mr, Ron Anderson, Council Member
Mr. Keith Bird, Council Member
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
<°-^-~..
~:
SEP 2 1 1999
~^
Re: Midvalley Center Subdivision (previously Midvalley Business Park Subdivision),
Development Agreement and Conditional Use Permit dated February 16, 1999.
Dear Sirs:
Hubble Engineering, Inc. has entered into a Development Agreement with the City of Meridian,
and has been granted a Conditional Use Permit, as of February 16, 1999. Since then we have
gone through a number of submittal and approval steps with the City and various other agencies,
seeking approval of a plat for the reference subdivision, and have applied for a building permit to
construct an office building on an existing parcel, that will become Lot 1 of the final plat. We are
prepared to enter into a "Latecomer's Agreement" to pay our share of costs of water and sewer
lines serving the area.
The developer of the Holiday Inn Express entered into a contract with K & L Excavation to extend
the utilities south on Allen Street. Hubble Engineering contracted with and paid K & L to provide
stub-ins to our subdivision lots. K & L has not completed the work or had the utilities inspected
and accepted by the City, and has filed liens because they have not been paid by the motel
developer.
The City has been reviewing plans and our application for a building permit for several weeks.
However, we have not been abl® to obtain a permit because of the K & Umotel developer
situation. We have spoken with two other developer's (Fermor, L.L.C. and Sonntag Eye
Associates), who are also effected by this situation. My understanding is that each of us is willing
to pay a proportionate share of the cost of extending the utilities, as soon an equitable allocation
is determined and the appropriate agreements are in place. At this time it is not clear when the K
& L work will be accepted by the City.
This letter is to request that the City proceed with issuance of a building permit so we can
proceed with construction of our office building while there is a window of good weather. We
suggest that a condition of the permit be that a Certificate of Occupancy will not be issued until
the utility service issues, as well as all other conditions of the Development Agreement and CUP,
are satisfied. We wilt continue to cooperate with the City and K & L on these matters, as it is in all
of our best interests to resolve the matters as quickly as feasible.
SEP 21 '99 14 54 208 378 0329 PAGE.02
SEP-21-1999 14 53 NUBBLE ENGINEERING
r
-2-
RE: Midvalley Center Subdivision
September 21, 1999
We respectfully request your agreement to the above requests.
Very my Yours,
i
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E. Don Hubble
President
EDH~p
cc: Mr. Ron Young, cio Sonntag Eye Associates
Mr. Andrew Simonds, Fermor, L.L.C.
Mr. Gary D. Smith, PE, City of Meridian Public Works/Building Department
TOTAL P.03
SEP 21 '99 14.54 208 378 0329 PAGE.03
w~K sra 8329 PAGE.01
RUBBLE ENGINEERING 208 3?8 0329 P, 01103
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HUBBLL~NGtNEERI
NG, INC.
9550 Bettie) Court ~ Boise, Idaho 83709
208/322.8992 ^ F~ 208/37 0 238- g
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# PAGES (inc udfng cover sheet): ~
SEP 21 '99 14 54
208 378 0329 PAGE. 01
** TX CONFIRf~N REPORT ** AS OF SEP 21 ~5~19 PAGE.01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD#t STATUS
19 09/21 15=18 PUBLIC WORKS OF--S 00'30" 002 032 OK
G`,~v ENG/ry~~9N .
HUMBLE EtNGINEERING, IINC.
~ y 9550 Bethel Court ^ Boise, Idaho 83709 208!322.8992 a Fax 208/378.0329
9y0 SURV~~~P
September 21, 1999 ~ `"
C ~''~
Mr. Robert D. Cowie, Mayor
Mr. Charles Rountree. Council Member
Mr. Glenn Bentley. Council Member RFCE -,D
Mr. Ron Andersen, Council Member ~`~`"'`'
Mr. Keith Bird, Council Member SEP 2 ~ 1999
City of Meridian
33 E. Idaho CITY OF MERIDIAN
Meridian, Idaho 83642
Re: MidvaUey Center Subdivision (previously Midvalley Business Park Subdivision).
Development Agreement and Conditional Use Permit dated February 16, 1999.
Dear Sirs:
Hubble Engineering, Inc. has entered into a Development Agreement with the City of Meridian.
and has been granted a Conditional Use Permit, as of February ~ 6, ~ 999. Since then we have
gone through a number of submittal and approval steps with the City and various other agencies,
seeking approval of a plat for the reference subdivision, and have applied for a building permit to
construct an office building on an existing parcel, chat will become Lot 1 of the final plat. We are
prepared to enter into a "Latecomer's Agreement" to pay our share of costs of water and sewer
tines serving the area.
The developer of the Holiday Inn Express entered into a contract with K & L Excavation to extend
the utilities south on Allen Street. Hubble Engineering contracted with and paitl K & L to provide
stub-ins to our subdivision lots. K & L has not completed the work or had the utilities inspected
and accepted by the City, and has tiled liens because they have not been paid by the motel
developer.
The City has been reviewing plans and our application for a building permit for several weeks.
However, we have not been able to obtain a permit because of the K & Umotel developer
situation. We have spoken with two other developer's (Fermor, L.L.C. and Sonntag Eye
Associates), who are also effected by this situation. My understanding is that each of us is willing
to pay a proportionate share of the cost of extending the utilities, as soon an equitable allocation
is determined and the appropriate agreements are in place. At this time it is not clear when the K
8 L work will be accepted by the City.
This letter is to request that the Ciry proceed with issuance of a building permit so we can
proceed with construction of our office building while there is a window of good weather. we
suggest that a condition of the permit be that a Certificate of Occupancy will not be issued until
the utility service issues, as well as all other conditions of the Development Agreement and CUP,
are satisfied. We will Continue to cooperate with the City and K & L on these matters, as it is in au
of our best interests to resolve the matters as quickly as feasible.
SEP 21 '99 14 54 208 378 0.129 PAGE.02
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF NUBBLE ENGINEERING, NORTHWEST )
OF EAGLE ROAD/1-84 INTERCHANGE, )
WEST OF EXISTING TEXACO, FOR )
PRELIMINARY PLAT FOR MIDVALLEY )
BUSINESS PARK SUBDIVISION, MERIDIAN, j
IDAHO
FINDINGS AND ORDER
OF CONDITIONAL APPROVAL
OF PRELIMINARY PLAT
This matter coming before the City Council for public hearing for Preliminary Plat
approval pursuant to § 11-9-604 E of the Municipal Code of the City of Meridian on this 15th
day of December, 1998 and the Council finding:
FINDINGS
1. That notice of public hearing has been given in accordance with the City
Ordinance.
2. The administrator's report on the status of the application has been received
and is complete which has included certain comments and conditions as stated in a letter to
the Mayor, Council and Planning and Zoning dated October 8, 1998, from Bruce
Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning
Administrator, listing 15 General Comments which are herein found to be fair and
reasonable under the circumstances.
3. The proposed development is found to be in conformance with the
Comprehensive Plan of the City.
4. Subject to the conditions of approval the proposed development is found to
have Urban Services to accommodate it and is in continuity with the City's Capital
FINDINGS AND ORDS NOESS PARKO SUBDIV ON MINARY PLAT
FOR MIDVALLEY BU
•
Improvement Program and there is existing public financial capability of supporting services
for the proposed development.
The Council having considered the requirements of its subdivision ordinance
for Order of Conditional Approval of Preliminary Plat approval and having made its
findings IT IS HEREBY ORDERED THAT:
1.) The Preliminary "Plat of Midvalley Business Park" as evidenced in Plat
bearing the Job No. 98-189, SHEET 1, G:\Hubble\Magic.DWG 11-4-98, is Conditionally
Approved subject to those conditions as set forth in the letter to the Mayor, Council, and
Planning and Zoning, dated October 8, 1998, from Bruce Freckleton, Assistant to the City
Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 15 General
Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by
this reference incorporated herein.
By action of the City Council at its regular meeting held on December 15, 1998.
By. ,
R T D. C RRIE
or, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
~ ~1~t iiffltff~s
By. Dated: /y-' 7- ~~
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City Clerk .~~` C,~ ~-''.~a~ ~ ~`' ~*'.
msg/D:\MyFiles\Meridian~ity Fi \F ndings2\ORDER O CONDITIONAL APPROVAL\ORDER CONDITIONALLY APPROVING
PRELIMINARY PLAT\FC$~M f ORDE~QFgND AP OVgt OF PRELIM PLAT 010299.doc
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FINDINGS AND ORD~EtR'~1~'~'~'PROVAL OF PRELIMINARY PLAT
FOR MIDVALLEY BUSINESS PARK SUBDIVISION
Mayor ~ HUB OF TREASURE VALLEY.
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
~ ~n-il M mhe~c
CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 336-12 (loll ~`~~--'-I I
RON ANDERSON Phone (208) 888-<k333 • Fax (208) 887-=1813 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
(108)881-ii ;3
1~MORAI~(DUM: October 8, 1998
To: IVlayor, City Council and Planning & Zoning
From: Bruce Freckleton, Assistant to City Enail er ~~_~~
Shari Stiles, P&Z Administrator C-=~~
Re: Request for Annexation and Zoning toJC-G of 5.40 Acres with a
Preliminary Plat and Conditional Use Permit fora 24,560 s. f. Office
Building, Equipment Yard and Garage by Hubble Engineering, Inc.
We have reviewed this submittal and offer the following comments, as conditions of
the applicant. These conditions shall be considered in full, unless expressly modified
or deleted by motion of the 1~'Ieridian City Council:
ANNEXATION & ZONING
1. This application is for a parcel of land at the southwest corner of the intersection
of E. Magic View Drive and S. Allen Street, west of the newly constructed
Jackson's Food Store.
2. The legal description for the annexation needs to be a metes and bounds
description tied to government corners. The annexation description must place
this parcel contiguous to the existing Corporate City Limits of the City of
Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to
all the provisions of the City of Meridian Resolution No. 158. The new metes and
bounds boundary description shall place this parcel contiguous to Ordinance No.
714 dated 9/19/95.
3. A development agreement is required as a condition of annexation. The applicant
has submitted a proposed development agreement; legal counsel needs to review
the document prior to approval by the City Council. All uses will be developed
under the conditional use permit process as planned developments.
4. Respond in writing, to the each of the comments contained in this memorandum
by 5:00 p. m. of the IVlonday prior to the scheduled hearing by the Meridian
Planning and Zoning. Submit .ten copies of the revised Preliminary Plat Map to
ti~~e~au,;yu~~5~nnc yr
•
Planning & Zoning Commission/Ma or & Coun
October 5, 1995 y cal
Pa<~e 2
the City Clerk's Office a minimum of one week prior to the hearing by the
Meridian City Council.
PRELIl~IINARY PLAT
1. Sanitary sewer service to this site will be via an extension from the existing line in
Magic View Drive. Applicant will be responsible to construct the sewer mains to
and through this proposed development. Subdivision designer to coordinate main
sizing and routing with the Public Works Department. Sewer manholes are to be
provided to keep the sewer lines on the south and west sides of centerlines.
2. Water service to this site will be via extension of the existing main in Magic View
Drive. Applicant will be responsible to construct the water mains to and through
this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
~. Graphically depict proposed easements on the plat; Note 2 does not designate
widths and is unclear. The property lines for the existing lot in Magic View
Subdivision extend to the centerlines of the roadways; the roads are currently
easements. Revise the plat to show the appropriate existing property lines and
dedication of the roadways as public rights-of--way.
~. Although there is not a minimum frontage requirement for lots in the C-G zone,
flag lots do require a minimum frontage of 30 feet. The 20-foot width shown is
not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30
feet.
5. Revise. street names to conform to the requirements of the Ada County Street
Name Committee (i. e., add directional designations).
6. Add a note showing that all lots in this subdivision are subject to the terms of a
development agreement recorded as Instrument No. ,records of Ada
County, Idaho.
7. The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat.
5. Provide 5' wide sidewalks in accordance with City Ordinance Section
I1-9-606.B.
9. Any existing irrigation drainage ditches crossing the property to be included in
this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be
piped should be shown on the plat. Plans will need to be approved by the
appropriate irrigatiorv'drainage district, or lateral users association, with written
Nirtvallty(3~iiu~r,.ct PP
s •
tunQ & Zoning Co~~~mission/Mayor & Council
fnber 8, 1998
Se ~
;:.
confirmation of said approval submitted to the Public Works Department. No
' variances have been requested for tiling of any ditches crossing this project.
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.
Coordinate fire hydrant placement with the City of iVieridian's Public `Yorks
Department.
2. Indicate on the final plat map any FEiViA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
t3. Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by the homeowners association or the
Nampa & Meridian Irrigation District. If the system is to remain a private owners
association system, plans and specifications shall be reviewed by the Public
Works Department as part of the development plan review process. A draft copy
of the pressurized irrigation system O&M manual must be submitted prior to plan
approval. The City of Meridian requires that pressurized irrigation systems be
supplied by a year round source of water. If a creek or well source is not
available, a single point connection to the culinary water system shall be required.
If a single-point connection is utilized, the developer shall be responsible for the
payment of assessments for the common areas prior to signature on the final plat
by the Meridian City Engineer.
14. Please indicate the existing land use and zoning of all adjacent properties.
15. Please show the master street drainage plan for the project, including method of
disposal and approval from any affected drainage district.
CONDITIONAL USE
Off-street parking shall be provided in accordance with Section 11-2-414 of the
City of Meridian Zoning and Development Ordinance and/or as detailed in site-
specific .requirements.
2. Paving and striping shall be in accordance with the standards set forth in Sections
11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
3. A drainage plan designed by a State of Idaho licensed architect or en,ineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
M1liAvalley8~~<inrsc PP
Plannil~g & Zonin~o~nmission/Mayor & Council
October 8, 1998
Page 4
off-street parking areas. All site drainage shall be contained and disposed of on-
site.
4. Outside lighting shall be designed and placed so as not to direct illumination on
any nearby residential areas and in accordance with City Ordinance Section 11-2-
414.D.3.
5. All siQnage shall be in accordance with the standards set forth in Section 11-2-415
of the City of Meridian Zoning and Development Ordinance. No temporary
signage or flashing signs will be permitted. All signage will be subject to design
review.
6. All lots within this subdivision will require a conditional use permit in accordance
with the Meridian Comprehensive Plan.
7. Provide five-foot-wide sidewalks within the development in accordance with City
Ordinance Section 11-9-606.B.
8. All construction shall conform to the requirements of the Americans with
Disabilities Act.
9. Assessment fees for water and sewer service are determined during the building
plan review process. Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these assessments, water and
sewer "Late Comers" fees will also be charged against this parcel to help
reimburse the parties responsible for installing the water and sewer mains to their
current points.
10. A minimum of one three-inch caliper tree is required for every 1,500 square feet
of pavement. Please revise the landscape plan to indicate what the landscaping
symbols represent in relation to the plant schedule. Revise plant schedule to
indicate 3" caliper minimum.
11. Particular attention needs to be paid to lighting plans to ensure that lights do not
cause glare or impact adjacent residential properties ~ or the traveling public, as
determined by the Meridian Public Works Department. The Public Works
Department is in the process of deterniining detailed standards for lighting.
12. A public roadway is planned north of the proposed Idaho Power Credit Union;
however, it is unknown at this time when the remainder of the public roadway
needed to provide public access to the traffic signal on Eagle Road will be
.constructed. Future development in this area will need to have proper access to
the traffic signal.
MidvallryBusmess PP
~ommission/Mayor & Council
e details were submitted. Detailed signage plans must be included as
application for review and approval.
Commission and Council may prescribe appropriate conditions, bonds
ards in accordance with Ordinance Section 11-2-413.
:. We understand
We will address
MidvallryBusviess PP
TOTAL P.03
A~~q ~or.~ ~~
n
• •
Meridian City Council Meeting
December 15, 1998
Page 20
8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4
ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY
RUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND
WEST OF EXISTING TEXACO:
9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED
MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING -
NW OF EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO:
10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND
GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND
PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I-
84 AND WEST OF EAGLE ROAD:
Corrie: So at this time I will open up the public hearing for items 8, 9, and 10. I invite a
representative from Hubble Engineering to come forward.
SHAWN NICKEL, NUBBLE ENGINEERING
Nickel: Mr. Mayor and members of the Council, thank you for the opportunity tonight to
speak in front of you. My name is Shawn Nickel. I'm a land use planner with Hubble
Engineering, 9550 Bethel Court in Boise. With me tonight is Mr. Bill Johnson, an
engineer with Hubble Engineering. He'll be available for any questions we might have
regarding engineering of this project. Tonight we have three applications before you.
An annexation and zone change, preliminary plat and a conditional use permit. The
annexation and rezoning is of 5.4 acre parcel described as lot 10 of Magic View
Subdivision. The zone change would be from R-T, which is rural transition, a county
zoning designation to C-G, general retail service commercial. The zoning we request
complies with the Meridian Comprehensive Plan which designates the area as mixed
planned use development with the probable uses consisting of commercial, residential,
office, medical and industrial uses. The annexation and zoning is compatible with
existing land uses in the specific area referring to the existing Texaco convenient store,
restaurant and the proposed hotel to the east of our project. The preliminary plat before
you this evening consists of five lots on the 5.4 acres. Lot one is proposed to be 2.57
acres in size and will have direct access on to Allen Street. Lot one will be developed
for Hubble Engineering's corporate office. Lots two through five will be developed with
uses allowed in the C-G zone as they are sold off. Sewer and water is available to this
property and will be provided to each of the lots. ACRD has reviewed the subdivision,
and we will adhere to their requirements including dedication of right-of-way
improvements on Allen Street and Magic View and extra impact fees required for the
improvement of Allen Street Eagle Road connection. This subdivision plat complies
with the Comprehensive plan and the subdivision ordinance. Finally the conditional use
•
Meridian City Council Meeting
December 15, 1998
Page 21
permit you have before you tonight is for the development of lot one, the 2.57 acre lot.
It's on the south portion of our property and as I stated it will be developed for Hubble
Engineering's corporate offices with an office building of 24,900 square feet and an
accessory equipment garage. The site has been designed using the requirements of
the Meridian zoning ordinance for lighting, landscaping, parking and signage. The
construction will consist of a tilt up concrete type building, single story, a flat roof. The
Planning and Zoning Commission has recommended approval at their last meeting for
tonight of all three of the items. We are in support of the Planning and Zoning
Commission recommendations on all three with the exception of two issues, which I
would like to briefly discuss with you tonight. First of all we would like consideration for
our written request to omit the requirement for individual conditional use permits on
each of the remaining lots within the subdivision. That would be for principal permitted
uses only as specified in the zoning ordinance. I submitted a letter to the Planning
Director and the Planning and Zoning Commission on October 15th. Unfortunately the
pubic hearing was closed at that time. I was unable to get that into the record. Also on
December 10th f submitted a letter to the Council and also to the planning staff, which
should be a part of your packet and I also just handed you another copy of that tonight.
The Meridian Comprehensive Plan requires conditional use permits in this specific area
mainly because of the gateway corridor to the City of Meridian on I-84 and Eagle Road.
What we're requesting is for approval of not only our project on lot one but also of 14
specific principal permitted uses which I have included as part of the developer
agreement. We have met with your planning staff on several occasions, and we both
believe that we can handle this concern through the developer agreement. We have
submitted the development agreement. You do you a copy of that in the packet I just
gave you with the 14 specific -page 7 of the packet I just gave you. 14 specific uses
that we would like to be exempt from the conditional use process. Once again let me
reiterate that those are principal permitted uses that are allowed in the zone. Any
conditional use requirement would go through the proper Planning and Zoning
Commission approvals. We believe we can handle this through -once the lots are sold
and a business is willing to locate there we are in agreement through our developer
agreement to go through any type of design review, C C & R's or any other
administrative review on those uses. I believe your staff is in agreement with the
principals of what we are suggesting. I can stop right now and we can discuss that or I
can go on to my second issue. Whatever is better for you. The second issue I'd like to
bring up tonight is in regards to the conditional use permit that you have in front of you.
While your Planning and Zoning Commission did recommend approval, there was one I
don't want to call it a condition, but it was added to the Findings of Fact at the last
meeting when they were adopting their Findings of Fact. The public hearing was
already closed. In essence what that requirement was prior to my company occupying
that lot one, Planning and Zoning felt that it was appropriate to place the requirement
that the access road, the new access road, coming from Eagle and connecting to Allen
Street be constructed prior to our occupancy. We would like this condition to be
removed at this time. We cannot receive financing from the bank if such a condition as
• •
Meridian City Council Meeting
December 15, 1998
Page 22
this. We have met with ACRD on several occasions and are in the process of working
out some of the problems associated with that road. Mr. Sale is present tonight, and he
can kind of update you on what's going on there. We have also talked to the owner of
lot two which immediately to the north of our property. That lot is kind of the missing link
to relocate that road down on Allen Street. I believe a representative is here tonight for
that lot owner, and he can address some of the concerns and comments that we've
gone through. We have agreed with ACRD to provide what they are calling an extra
impact fee for our share of that road. We have no problem with paying that money. We
also have proposed to ACRD to our company to provide the engineering for that road to
help speed up the process, but we just can't live with that condition of not occupying
until that road is built. One thing I would like to say is that we're very confident that that
road is going to be built within a short period of time. Otherwise we would not want to
locate our business there and have to deal with the same problems that everyone else
is concerned with that intersection and the development at that portion of the city.
That's all I have. If you have any questions.
Rountree: So what you're telling me then your proposal at this point would rely on
Magic View for access.
Nickel: That is correct Councilman.
Corrie: Any questions? I believe there was a Mr. Johnson that had other testimony, the
developer. Any further testimony in favor of the items 8, 9 and 10?
RICH ALLISON 916 E. 1ST STREET, MERIDIAN
Allison: Mr. Mayor and Councilmen, it's a pleasure to see you tonight. I was very
pleased to see in the paper Mr. Mayor that our taxes are quite low and we hope they
continue to stay that way. I guess part of the reason I'm here to testify is the fact that
we do have the opportunity to enter into I think a different phase of development of the
City of Meridian. Whereas this type of project is before you as many many others will
come before you along Eagle Road in the future. It will greatly enhance the ability of the
City to maintain its budgets and hopefully keep our taxes and other things quite low. I
am speaking on behalf of the owner of the property, Mr. and Mrs. Warden. The
proposal before you is a mixture of office and commercial development of which is
needed in the area. The area will in the future undoubtedly support a great deal of
additional commercial development being at an intersection which either is or likely will
become probably the highest traffic count in the state of Idaho. I just want to speak for
the development and hope that we have lots of additional development of this type in
the future that will help support schools and the city budget of Meridian. If you do have
further questions with regard to the property to the north or to the east or to the
northeast, I'd be happy to discuss that.
Meridian City Council Meeting
December 15, 1998
Page 23
Corrie: Any questions?
Bird: I have none.
Allison: Thank you.
Corrie: Anyone else from the public that would like to issue testimony in favor of these
three items?
BOB BARNES 2855 MAGIC VIEW DRIVE, MERIDIAN.
Barnes: Ours is lot 9, which is the adjoining property just west of the lot 10 that Hubble
Engineering is working on. We can see it as a plus. This kind of development we'd like
to see in there, and yes, it would be nice to have the road. It would be wonderful and
the sooner the better. But we wouldn't oppose the project on the basis of interim
occupancy using Magic View. We feel it's doable to have this development come into
our neighborhood and enhance the value of the whole surrounding pieces. Two
concerns we have, we are currently just over the line as far as comprehensive plan
goes single family dwelling, and Shari Stiles informs me that that will be part of the
review process for change and that's what we would like to see is a change in the
comprehensive plan, because our lot is five and a half acres also and adjoining
property. The other point of concern I guess would be the fencing between the
properties. We have no problem at all with the lot that Hubble is proposing for their
business, because the place where their lot adjoins ours is basically pasture land. And
so the chain link fence or whatever they're going to use for safety fence is fine. The
only concern we have is when these other two, three, four and five lots develop, and we
don't know what they are is we have a chance to negotiate what they will be because
we don't want to permanently lock up our property visually at this point in time and in
case we are able to change the comprehensive plan and rezone our property for
commercial or business or whatever. So that will be my points. We support the project.
Corrie: Any questions of Mr. Barnes? Okay, thank you. Anyone else wish to issue
testimony in favor?
HARBERT HANKS 2930 MAGIC VIEW DRIVE, MERIDIAN
Hanks: I fully support the Hubble Engineering request to develop that are and the
business. What they plan to put in there is well within reason of the plan that I see. The
access to the road as Magic View I see as no problem at this period because the
Hubble Engineering people are not that many employees that would be accessing on
and off. It's not going to increase that flow on to Magic View Drive just minutely as I see
it. As that area is developed more, there is a need for the road in there, but I can see
•
Meridian City Council Meeting
December 15, 1998
Page 24
no need for the access from the stoplight there before they occupy that property. Any
questions for me?
Corrie: None, okay. Thank you. Anyone else wish to testify in favor? Hearing none, all
those that would like to testify against the 8, 9 or 10? Neutral testimony, yes, we'll take
that Mr. Sale.
LARRY SALE, ACHD,
Sale: This would be neutral gender. Mr. Mayor and members of the Council, my name
is Larry Sale. I'm with the Ada County Highway District, 318 E. 37th Street, Garden City,
Idaho. We have a post office now. I'd like to offer a few comments about the road.
There's been some discussion about the proposed road from Magic View up to an
intersection with Eagle Road. Through a meeting of the developer of the first lot ,the
one we've all been talking about for a couple of years, up across from St. Luke's
driveway. We have a commitment from that developer to dedicate or sell the right-of-
way to the highway district and to build the half road plus 12 feet that either Mr. Bird or
Mr. Bentley was questioning a while ago. And if you'd like after the meeting I can
discuss that with you why we do that. We have a verbal commitment from the. owner of
the second lot through which the road would extend down the intersection of Magic view
and Allen Street to sell us the right-of-way so that we're relatively assured that the road
can now occur, and when needed. I was interested in your earlier struggles with
procedure and things like that because we have a bit of that problem right now with
regard to the fees for this area, and we're proceeding cautiously with just how to identify
those fees and how to elect them. Whether they might be called extraordinary impact
fees or to use the city's term, a latecomers fee. We're pursuing both those and it is
really just a name. The dollars all remain the same, but as you and I'm sure your
Council can appreciate we want to proceed in a manner that's first of all equitable to
every acre in that subdivision because they probably won't all be developed similarly
and secondly obviously to proceed in a manner that's legal and all that sort of thing.
Anyway that may not have told you a whole lot, but we think the road is going to happen
and we think that will help this whole area a bit. We expect the development to occur in
a slowly enough so that traffic will build up gradually and we can afford to take a few to
several months that it will take to get the road in place. Does Council have any
questions?
Bird: Magic View can handle this additional traffic okay without the other road being in?
Sale: Mr. Mayor, Councilman Bird, Magic View has plenty of capacity to handle this
traffic. The problem is one of congestion, convenience and safety at the intersection
itself. Persons trying to turn north will have increasing difficulties and risks in doing so,
but traffic turning into Magic View will be able to stop and wait for gaps in the traffic and
•
Meridian City Council Meeting
December 15, 1998
Page 25
they can turn in relatively easily until some more traffic builds up on Eagle Road. But
traffic turning out will be a bit of a problem. Anything else?
Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our
chances are of getting a traffic signal at Magic View?
Sale: I'd say somewhere between slim and none.
Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there
you are well aware of that.
Sale: Yes, sir.
Corrie: All right thank you. Staff any comments on any of the annexation, conditional
use permit that you've heard this evening?
Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me.
They have made the proposal not to have the conditional use permits. I guess I have
mixed feelings about doing that. They've been real effective in some areas. In some
areas where you can really tie down the development agreement and the covenants, it
hasn't been necessary, but as far as some of the impact on the neighbors out there, one
gentleman testified that he would like to be a part of some review of what else goes out
there and that's not going to be possible unless they do the conditional use permit, but
I'll leave it up to your discretion as whether you think the development agreement
they've submitted is adequate and I would like to mention on page 7, we have
discussed one of these items that should be crossed out as a permitted use would be
number nine, planned commercial developments. The interpretation of what is a
planned commercial development is too vague and if they do a planned commercial
development out there, it should be under the conditional use process, but take a look
at those 15 items and I guess if the Council is comfortable with allowing all those uses
with no further review, that's really what you are deciding as far as the conditional use
process.
Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and
the covenants as we did with the Troutner Business Park would your level of comfort
increase and secondly do you see that we could get there with this particular
development?
Stiles: Councilman Rountree, Mayor and Council, I don't think it's impossible. If this
developer is willing to in fact develop the subdivision, I guess I'm not entirely
comfortable that they intend to do that. I think it's more a matter of they intend to sell
lots off to other developers and may lose some of the control or some of the safeguards
that are in place. Of course if the development agreement is tied down enough relating
Meridian City Council Meeting
December 15, 1998
Page 26
to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still not
at that level of comfort that I was with Troutner Business Park.
Corrie: Any further questions of staff or testimony that you've heard tonight?
Bird: I have none.
Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the
development agreement, I noticed the form in here I think was proposed by Hubble
Engineering, and one of the things we're trying to do is standardize the form of our
development agreements we could retrofit into our form without changing the essential
development terms I would propose we do that.
Corrie: Any more questions, I'll close the public hearing and open for discussion of
Council. I guess we don't have any discussion on this. I'll open the first one then for
the annexation and zoning. I'll entertain a motion to close the public hearing.
Rountree: Mr. Mayor I move that we close all three public hearings.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three public
hearings. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: All ayes.
Corrie: Okay the first one is the annexation and zoning. You again can have your four
choices, the continuation of the public hearing, accept the recommendation of the
Planning and Zoning, modify the recommendation of Planning and Zoning, or deny the
application.
Bird: I move that we accept the recommendation of the Planning and Zoning
Commission with one exception, and that is the rule of the road being put in and request
Findings of Fact and Conclusions of Law by the city attorney for annexation and zoning
of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with
that also.
Corrie: Do I hear a second to that motion?
Rountree: I'll second it.
•
Meridian City Council Meeting
December 15, 1998
Page 27
Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further
discussions on the motion as stated?
Rountree: For the assistance of the city attorney, would he like input at this point on the
terms and conditions of the development agreement that might come forth out of this
preparation process, modifications that we might want to make in the developer's
development agreement and my information only allows me to comment on one of three
pages because I don't have the entire agreement. Or can we defer that and discuss
that after the development agreement has been prepared in draft form. and deliberated
at a later date.
Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If you wanted to
give me some direction at this point you can, or if you wish us to proceed with the
information we have, we can do that because you won't pass it until it's back before you
for a resolution.
Rountree: Right. Mr. Mayor, (inaudible) question.
Corrie: Any further discussion?
Bird: I have none.
Corrie: Okay no question been called for -let's have a roll call vote.
ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea.
MOTION CARRIED: All ayes.
Corrie: Now on the preliminary plat. Council has the preliminary plat. You can move to
approve, conditionally approve, deny or continue for 45 day maximum on the final plat
and the city attorney will prepare the appropriate ordinance in conference with this
decision and Mayor be empowered to sign necessary to carry out the decision and the
City Clerk serve a copy of the ordinance on the applicant, the planning and zoning
director and any interested party requesting the (Inaudible). So just to break that down,
you can approve the final plat subject to the conditions that you should be specific or
you can approve them without the conditions. This is the preliminary plat.
Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the
preliminary plat if we establish conditions, do the conditions if we get the development
agreement come back and we make changes to the draft form of the development
agreement, could we pick up other conditions that we may not attach to the preliminary
plat.
~- !
Meridian City Council Meeting
December 15, 1998
Page 28
Gigray: Mr. Mayor, Councilman Bentley, members of the Council, if you approve the
preliminary plat at this time subject to conditions or without conditions and the
conditions that I'm looking at were in the recommendation to City Council by the
Planning and Zoning Commission that you have before you as part of the record, that
approval will be stated here in those specific conditions if you adopts those or whatever
they are would go with that preliminary approval and they would have a right then to
move forward for approval of the final plat as long as they met those conditions. So if
there were conditions that you felt needed to be resolved with the development (End of
Tape)
Gigray: ...the development agreement to assure there isn't any confusion or
disagreement about any of those terms and conditions. I just don't know whether there
are any or not.
Bentley: Thank you.
Rountree: Are we all in the right spot in our choir books here?
Bird: We are all going to sing from the same page at least.
Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the
conditions that would come through (Inaudible) for me, development agreement.
Bird: Second.
Corrie: Motion made by Mr. Rountree, second by Mr. Bird, to approve the preliminary
plat subject to conditions that are on the development agreement. Further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Bentley: Point of clarification, the development agreement is the development
agreement that is prepared by the city attorney. Is that the one that you are referring to,
not the one that Hubble turned in.
Rountree: Correct.
Bentley: Thank you.
Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zoning
you made the motion that you would approve the annexation and zoning taking out the
requirement for the road to be constructed and with the development agreement but
Meridian City Council Meeting
December 15, 1998
Page 29
didn't specify if you were approving a development agreement in lieu of conditional use
permit or were still going to require that as noted on page 18 of the findings.
Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item.
Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think
the question that is being asked by the Planning and Zoning Administrator is simply one
of the recommendations the Planning and Zoning Commission would be that that
development agreement would require a condition that the conditional use be applied at
every single lot that is in this development and I believe that is one of the objections that
was raised by the applicant that they shouldn't be relieved of that requirement and it
would make a difference which way we would draft that. I can still draft it one way and
you could decide that you want to change it or whatever till you adopt that development
agreement. I still have that yet to go.
Bird: That slipped over me.
Rountree: My position on that and Bill is correct that we leave the conditional use
requirement in there. If in the drafting of the development agreement and the execution
of that agreement with the developer language is included in the agreement that is
consistent with our needs for landscaping access. Some degree of control over design.
We could handle it similar to what we did in Troutner remove that from the conditional
use permit requirement from the development agreement.
Gigray: Members of the council, that's how I would understand your motion because
you accepted their recommendation other than the one regarding the road. That's the
one that we would take out.
Bentley: That was my intent.
Corrie: I think that's the simplest way to take care of it.
ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE
FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY
FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING
-621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD:
Corrie: Then we are on the conditional use permit, you can either continue the public
hearing and request for more information, accept the recommendation of Planning and
Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify
the recommendation of the Planning and Zoning Commission, or you may deny the
conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You
•
•
MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998
APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 9
REQUEST: PRELIMINARY PLAT FOR MIDVALLEY BUSINESS PARK
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM P & Z ~ ;
SEE ATTACHED P & Z PACKET ~ C, ~ G~ 2 S
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
SEE ATTACHED RECOMMENDATION FROM
P&Z
MERIDIAN POST OFFICE:
111
ADA COUNTY HIGHWAY DISTRICT: ~ 4
ADA COUNTY STREET NAME COMMITTEE: ~~~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
,~ ~'~
~y ~,/~
6~ R?"{'
~_ ~ ~ ~;
U" ~ //
l,~
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning 8~ Zoning Commission
November 10, 1998
Page 21
MacCoy: Thank you. All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 8: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT
FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE
ENGINEERING - NW OF EAGLE / 1-84 INTERCHANGE AND WEST OF EXISTING
TEXACO:
MacCoy: Before we move on does staff have anything to add to this?
Stiles: We have no comments. They have addressed the comments we made
previously and submitted a revised plat.
MacCoy: Are you speaking for both you and Bruce or is he -fine thank you. He say
yes. This is a continued public hearing. At this moment I want to request the applicant
come forward and if he wants to add anything to the record right now.
SHAWN NICKEL RUBBLE ENGINEERING WAS SWORN BY THE ATTORNEY.
Nickel: Mr. Commissioners, members of the commission, thanks for moving on that last
item. I believe the reason we had this item tabled was to address that ACRD issue on
the preliminary plat. Steve I don't know why we don't have the final report. I do have - I
would like to submit tonight a copy of the minutes from the October 7~' ACRD meeting
that is signed by the commissioners. I could either read it into the record or present. It
tells of their action on this application. I believe that would be sufficient as far as
needing the final approval from them.
MacCoy: Is it a short statement or is it four pages?
Nickel: It's pretty short.
MacCoy: Okay you go ahead and read it then.
Borup: Mr. Chairman maybe if he could read the parts he thought would be pertinent.
Rosman: Preferably submit the copy into the record and read into the record just the
portions that are relevant at this point.
Nickel: It's a preliminary plat for Midvalley Subdivision. It's got the numbers. It says
that the staff modified the conditions to provide for a deposit o the public rights-of--way
trust fund for the site's share of the cost of construction of a traffic signal and roadway
improvements for the east west roadway. The cost will be computed by dividing the
•
Meridian Planning 8~ Zoning Commission
November 10, 1998
Page 22
roadway cost by the size of the 110 acre subdivision. Staff will modify the Findings of
Fact and Conclusions of Law for this requirement. Commissioner Richardson moved to
adopt this application as amended. Commissioner Huber second and the motion was
carried out unanimously.
MacCoy: Okay would that be our copy or you want to -all right thank you.
Nickel: So I believe that does address the ACRD issue. In addition I did submit to Shari
a revised preliminary plat that basically what we've done is we've enlarged the lot that
our Hubble Engineering office will be on by 40 feet to give us more room for parking and
minor modifications to the site so we submit that at this time.
MacCoy: You just gave it to her recently or -
Nickel: Last week I presented it to her.
MacCoy: Shari is the map we have with us reflect that?
Stiles: The plat?
MacCoy: Yes.
Stiles: You should have a copy of this revised plat. I believe he submitted ten copies.
MacCoy: Okay thank you.
Rossman: Mr. Chairman, perhaps we could have an identification into the record as to
the revised plat so that we can understand which one we're talking about.
De Weerd: The plat received November Stn
Rossman: Okay and it indicates November Stn in the bottom right corner. Just so City
Council understand which one we're talking about.
MacCoy: That's the reason I asked Shari. I never what we have. Proceeding ahead
anyone here that would like to speak for the project can step forward now. Okay seeing
that we have nobody anybody here opposing this project if they have anything to say
they can come forward now. Pretty quiet crowd tonight. Okay Commissioners what
about the public hearing?
Smith: Mr. Chairman I would like to make a motion that we close the public hearing.
Borup: Second.
C~
Meridian Planning 8~ Zoning Commission
November 10, 1998
Page 23
MacCoy: All in favor?
MOTION CARRIED: All ayes.
MacCoy: Do you have any discussion now or do you want to make a recommendation?
Nelson: I'd like to make a motion that we approve the preliminary plat and send it on to
City Council.
De Weerd: Second.
MacCoy: All in favor of that?
MOTION CARRIED: All ayes.
ITEM NO. 9: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING,
EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED
LANDSCAPING AND PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET,
NORTH OF I-84 AND WEST OF EAGLE ROAD:
De Weerd: I guess I would just like to ask Shari if there are or Bruce are there any
changes to your comments before they are submitted along with these Findings?
Stiles: Commissioners I don't think changes to my comments would be relevant to the
conditional use permit. They may have been to the annexation, but the applicant has
met with me regarding some site plan modifications that I don't consider to be
significant, but those could go back through you as a site plan review. I don't have any
problem with what they have submitted. I don't have any additional comments on the
conditional use permit for this lot.
De Weerd: Thank you.
Smith: Mr. Chairman just as a point of record page 6, item 5E and 5H. Until that
access road is built to the light on Eagle Road 1 don't agree with, those as part of the
planning. Because this parcel is not currently served adequately by a central public
facilities such as highway streets and it does not have vehicle approaches to the
property which shall be so designed as to not create an interference with traffic on
surrounding public streets. Just want to reiterate that as part of that access road needs
to be built to the light on Eagle Road before those statements are in fact true.
MacCoy: Counsel do you have anything you want to say about that?
MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: NOVEMBER 10 1998
APPLICANT: RUBBLE ENGINEERING AGENDA ITEM NUMBER: 8
REQUEST: PRELIMINARY PLAT FOR MIDVALLEY BUSINESS PARK SUB.
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98
SEE ATTACHED REVISED PLAT
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
~r~c C~~-
~~~J ~
1l`J
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN PLANN~ AND ZONING COMMISSION M~ING
OCTOBER 13, 1998
PAGE 73
the rezoning to encourage the development of lot 2. I think if lot 2 -whatever
needs to happen with lot 2. But anyway I think if we were to change the zoning.
Borup: I think that is what ACRD is looking for some movement that way.
MacCoy: Sure. We hear it all the time.
Smith: That's all I had to say.
Nelson: I don't know whether it's appropriate to rezone now but hold off possibly
on the plats until -
Borup: They don't have to be simultaneous.
MacCoy: So what's the decision now. Are you going to go annexation and
zoning? Are you going to table it or what?
Borup: I'd be in favor of proceeding ahead with annexation and zoning.
MacCoy: Okay, I got a motion?
Borup: I move we have city attorney prepare Findings of Fact and Conclusions of
Law on approval of annexation and zoning of this parcel.
De Weerd: Second.
MacCoy: I heard two seconds in that one. All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 15: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE
ENGINEERING - NW EAGLE / 1-84 INTERCHANGE AND WEST OF EXISTING
TEXACO.
MacCoy: Since we've all had our say on all three except Shari. You didn't have
a comment before. So I'm going to go back to you first.
Stiles: Commissioners, I think that part of Mr. Allison's frustration is because this
is in a mixed planned use area that they can't submit their annexation and zoning
request until they have a use proposed for that property. I don't know if it's
something they would at least -where the lot adjacent where the road would go
through and go south. I don't know in this instance we would want to consider
going ahead and annexing the property so we could go ahead and get the
roadway taken care of. I don't even know if Mr. Allison or the new owner would
MERIDIAN PLANN~ AND ZONING COMMISSION ML~ING
OCTOBER 13, 1998
PAGE 74
have any objection to that annexation contingent on having the conditional use
permit be required as part of the annexation. They would have a problem.
Allison: I don't believe they would. I could certainly call them and get back with
you tomorrow Shari.
Stiles: We are still waiting on finalization of the Eagle Partners project. Some
issues with the development agreement so that property is not actually annexed
into the city yet. As far as the roadway issue with Ada County Highway District -
excuse me. The last thing I knew from Ada County Highway District is that there
were two proposals. One was a totally ridiculous proposal that would have just
gone on the north side of Eagle Partners project and then down their boundary to
the south that would have a street dumping off directly across from the
Jackson's. The only proposal that they had that made sense to me would be to
continue the road and slope it down and have it line up with the existing Allen
Street. I think with the development you're going to have there, that's the logical
place to put it, so as far as that still being an issue, I guess I'm confused because
I thought that was taken care of long ago and if it's just the fact that they want
this -that they need the roadway to be dedicated and in order to have that
roadway dedicated they need to be in the City of Meridian. I think it would be
appropriate for us to initiate annexation on that lot, get it in the city, require that
dedication of the roadway or the purchase whatever that might be and to make
any subsequent development on that lot be required to enter into the
development agreement and be developed under the conditional use process as
our comprehensive plan requires. In this instance I think that's appropriate and if
they would be willing to do that, I think that would apparently solve our problems
as far as the road is concerned. At least what appears to be a big problem in
Ada County Highway District's eyes.
MacCoy: Is that it?
Stiles: Yeah.
MacCoy: Okay thank you. We're going to -you all right Shari? Commissioners,
do you have anything else you want to add? Okay, this is a public hearing item
number 15. We're talking about the same project. This is the preliminary plat
part of it and we'll have the applicant come forward and state his material before
can be carried on this one.
Nickel: Mr. Chairman, Shawn Nickel from Hubble Engineering. Yeah, my
comments from the previous application will stand on this one with one addition.
I would hope that for item number 15 preliminary plat that you make a
recommendation tonight. Hopefully in favor of the preliminary plat.
MacCoy: Okay, before you leave. Is there any questions from the
commissioners of him?
MERIDIAN PLANNI~ AND ZONING COMMISSION M~ING
OCTOBER 13, 1998
PAGE 75
Nelson: I have one question. What would Hubble Engineering's opinion be on
holding up the building of your project until that signal takes place? I don't know
what your time frame was on putting your building together.
Nickel: Mr. Chairman, Mr. Commissioner we were looking at next November to
actually occupy that building. We would like to go forward with it. I know the
issue of the road is very important. We will be doing our part by paying some
$30,000 to the Highway District for our portion of that road and that signal. We
would support the zone change and annexation of lot 2 and the comprehensive
plan amendment for the lot to the west, but we would like to continue on with
ours.
MacCoy: Okay.
Borup: Mr. Chairman, I got another clarification question. Mr. Nickel you've
mentioned this several times now that you'll be paying for your part of that signal.
Are you referring to the impact fees? Or are you paying an additional fee in
addition to that?
Nickel: I believe it's in an additional fee in addition to the regular impact fees we
pay the Ada County Highway District. When we met with them last week, they
said they're going to assess our property a certain amount of money per acre
that will go directly towards that.
Borup: Okay. That's what I thought you meant at first and then I was wondering.
Nickel: And I'm assuming that's in addition to the regular impact fees that
developers normally pay for development.
Borup: Well that sounds good. It shows you're making a contribution to make it
work. Thank you.
MacCoy: Anybody else that want to make a statement on 15 or carry their
statement forward to 15.
DICK MOORE WAS SWORN BY THE CITY ATTORNEY.
Moore: Dick Moore, lot 2, 3050 Magic mew. I don't think you have to worry
about ten years. I'm meeting with the purchaser tomorrow so I'm going to be
gone hopefully very soon so I think he's already aware that the roads like
someone said is going directly west go south to tie in with Allen. He's already
aware of that. The offer has been made. We've accepted. Haven't seen the
money yet, but I think it's coming to face very soon.
MacCoy: Any questions of Mr. Moore? Okay. Thank you.
MERIDIAN PLANN~ AND ZONING COMMISSION ML~ING
OCTOBER 13, 1998
PAGE 76
WANDA PARKER WAS SWORN BY THE CITY ATTORNEY.
Parker: I was wondering of the statement by Mr. Nickels. Does he mean he
wants to start his construction of his building next month?
Nelson: I would assume he was just wanting to be complete by the following
November.
Borup: Of '99.
Nelson: Be complete by '99.
Parker: Thank you. Yeah it just really worries me about all the traffic we have
now. As you mentioned at Eagle is terrible and our one little street. We have
one way in and one way out, which I didn't think was really legal. But this is my
only worry. It's being land locked.
MacCoy: We are too. Okay, anyone else who wants to come up and make a
statement at this time.
Nickel: Just to answer her question. We wouldn't be developing there if we
didn't think that that road was going to be built. I've tried to turn left on Eagle
many times and it's a pain and I'd have to go turn every day to go home so we're
as a business we're expecting and supportive of that road.
MacCoy: Well I'll tell you this, I'm glad it's an engineering firm. Hubble's a well
respected firm in the area and that they're coming into our town to work and live.
So I figure if they're going to park in that area as their headquarters, they are
going to see to it. They probably got more pull than we have in many cases to
get this thing done or you're going to be joining us to do it. So I think you've got
a good chance of getting the road done.
Nickel: Mr. Chairman we will be good neighbors to the city and to the neighbors
out there.
(Inaudible -off the microphone)
Nickel: If you're referring to the equipment from our business, the only
equipment we have is Suburban trucks that we have our survey equipment in.
We don't have any heavy equipment that will be coming in to -
MacCoy: I think she's really concerned about the construction to build your place
is what she's talking about.
Nickel: Yeah, that's -
MERIDIAN PLANN~ AND ZONING COMMISSION M~ING
OCTOBER 13, 1998
PAGE 77
MacCoy: You're going to have a lot of dirt, dust and heavy trucks and you can't
help it.
Nickel: That's why we're going to get it done real quick so we can -
MacCoy: That's the point I was coming up or that you've made already. Okay.
Anyone else out here? Anybody else got a hot foot to come up here and do this?
Staff do you have anything else you want to add?
Borup: I do have one question for Mr. Freckleton. There was several comments
on water pressure in this area. Is that a real concern or is that something that's
been addressed and probably will be taken of?
Freckleton: Mr. Chairman, Commissioner Borup, we are in the process of putting
together a proposal to send out to engineering firms for some design work for
some water main connections throughout the city. One of those would be to
interconnect Overland Road to Eagle Road with water, and that would alleviate
the problems that we have had up there so that is something that we are in the
process of working towards.
Borup: Okay thank you.
MacCoy: I'm about ready to consider what's going to happen next here.
Commissioners what is your desires?
Smith: Public hearing closed here?
MacCoy: No, it's not.
Nelson: I'd be willing to approve the preliminary plat as is.
Borup: We have not seen the ACRD report.
MacCoy: No, we haven't.
Borup: And because of this location and the impact, I think that would be
pertinent.
Smith: All night we've been tabling preliminary plats until we've got the Findings
on the annexation and zoning.
Borup: And normally it hasn't necessarily delayed the time frame for anything.
Smith: Right.
MERIDIAN PLANI~G AND ZONING COMMISSION IV~TING
OCTOBER 13, 1998
PAGE 78
De Weerd: And don't we want our preliminary plat to be forwarded with the CUP
findings and annexation findings?
Smith: Well Mr. Chairman, I'd like to make a motion that we table this item until
our November 10~'' meeting.
Borup: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
Berg: Mr. Chairman, when you tabled this did you close the public hearing?
MacCoy: We were discussing this and I forgot to do that.
Berg: My concern is if you are going to wait for information from ACRD, you do
not want to close the public hearing.
MacCoy: That's the reason I didn't do it.
Berg: But the proper motion isn't really to table it as much as to continue the
public hearing. I'm sorry I tried to get your attention earlier.
Smith: I'd like to amend my motion from tabled to continue.
Nelson: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 16: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT
FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND
GARAGE
WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY
RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I-84 AND WEST
OF
EAGLE ROAD:
MacCoy: Okay it's still the same material, the same project and this is the
conditional use permit. Staff you still there? Do you have any comments by the
way? Anything new?
Stiles: Nothing new sir.
MERIDIAN PLAN~G AND ZONING COMMISSION 11~TING
OCTOBER 13, 1998
PAGE 79
MacCoy: To the public, is there any -well the first place want to come forward
and make your statement?
Nickel: I hate to sound like I'm whining up here but getting back to that last item,
item 15, we're under major time constraints because of the acquisition of this
property to get this moving. Another month could affect our acquiring this
property. Is there any way we could somehow have an approval of this and by
the month when you come back with your findings, we will have the ACRD
report at that time, make it contingent upon accepting that report as part of the
record? It is a favorable report because I have seen it because I was at the
meeting. I just feel that another month that will push us back two months and
we're really getting to a time - I don't know if we can do that or not.
Borup: Mr. Chairman, Mr. Nickels are you proposing that we approve a
preliminary plat before we've annexed the property?
MacCoy: That's what we're stuck with.
Borup: That's essentially what you're asking.
Nickel: I believe you've already recommended approval and you're going to
bring the findings back next month.
Borup: And we can approve the plat without any additional hearing or findings.
MacCoy: You're in good shape.
Nickel: That's fine. I appreciate that. Thank you, never mind.
Smith: Let it go on to the City Council until we approve the Findings and then it
all goes on at the same time.
Nickel: But there is an application for a conditional use permit that if tabled and
continued to the next hearing will require ano#her month for Findings on that.
Borup: So it's this next item could affect you.
ITEM NO. 16: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD
AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND
PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I-84
AND WEST OF EAGLE ROAD.
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MERIDIAN PLANNING AND ZONING MEETING: October 13 1998
APPLICANT: NUBBLE ENGINEERING ITEM NUMBER: 15
REQUEST: PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDMSION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS ~~ ~~ ~
~~`~~'
I~~'~/V -
r. r
:~
j, ~~;n ~~
l~`~ ~
r~
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 LEGAL DEPARTMENT
(208) 884-4264
CITY OF MERIDIAN
Council Members PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
(208) 887-2211
GLENN BENTLEY MERIDIAN, IDAHO
(~
~J '~+~
PLANNING AND ZONING
RON ANDERSON Phone (208) 888-4433 • Fax (208) I3
DEPARTMENT
KEITH BIRD S E P 1 1 1998 (208) 884-5533
CI'T'Y OF MERIDIAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8~ Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by:' October 6 1998
TRANSMITTAL DATE: September 8 1998 HEARING DATE: October 13, 1.998
REQUEST: PRELIMINARY PLAT FOR PROPOSED MIDVALLEY CENTER SUB.
BY: RUBBLE ENGINEERING INC.
LOCATION OF PROPERTY OR PROJECT: NORTHWEST OF EAGLE / I-84
INTERCHANGE WEST OF EXISTING TEXACO
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DERARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLp,MATION(PRELIM & FINAL
YOUR CONCISE REMARKS: ~' /~~~
T
~l
' HUB OF TREASURE YALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
(208) 884-4264
Co
n
il M
b CITY OF MERIDIAN
u
c
em
ers PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221 l
RON ANDERSON c~~ie (208) 888-4433 • Fax (208) 887-4813
C PLANNING AND ZONING
KEITH BIRD [
~rp ~ ~ ~~~~
f DEPARTMENT
(208) 884-5533
nr~~an Gfte~
~1~4er SuF~€~t~;xlent
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 Sz Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998
TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 13, 1998
REQUEST: PRELIMINARY PLAT FOR PROPOSED MIDVALLEY CENTER SUB.
BY: NUBBLE ENGINEERING INC.
LOCATION OF PROPERTY OR PROJECT: NORTHWEST OF EAGLE / I-84
INTERCHANGE WEST OF EXISTING TEXACO
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, PIZ
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL
YOUR CONCISE REMARKS:
•
MERIDIAN MERIDIAN WATER DEPT. MERIDIAN
2235 N.W. 8TH STREET
MERIDIAN, IDAHO 83642
(208) 888-5242 FAX: 884-1159
September 11, 1998
During peak-deu~and-in.zl~~s area-the f ra-flows and pressures-are extremem~y how.- l-believes-xhe city weeds
to connect a new water source to this closed system prior to any more development in this area.
Chip Hudson
Asst. Superixitenxdent.
Meridian -mater-_ Dept_
SU~VISION EVALUATION ~EET
R,~CE~D
CEP Z 2 198
CITY OF MERIDIAN
Proposed Development Name MIDVALLEY BUSINESS PARK City Meridian
Date Reviewed 09/17/98 Preliminary Stage XXX Final
Engineer/Developer .Hubble Engr. / R. Worden
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance with the Boise City Street Name Ordinance.
The following existing street names shall appear on the plat.
"E. MAGIC VIEW DRIVE"
"S. ALLEN STREET"
"E. GENTRY WAY"
There are no new proposed street names on this plat
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must
be secured by the representative or his designee in order for the street names to be officially
approved.
ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR
DESIGNEES
Ada County Engineer
Ada Planning Assoc.
City of Meridian
Fire District Meridian
John Priest
Ann Hurley
Represent
Represent
Date < ~~ 7 ~~~
Date -
Date Jn ~~ ~~~
Date ~` ~~J ~~U
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 17 Section
NUMBERING OF LOTS AND BLOCKS ,~er~sa~;~i ~~-!~~c~;,-~~Y~f% ~~~%~ `~ ~-~ I
TR\SUBS\SM_CITY.FRM / /f .•l y /
~}- ~ /~r`
CENTRAL
•• DISTRICT
PRHEALTH
DEPARTMENT
CENT KAL DISTRICT HEALTH DEPA~~~
Environmental Health Division ~,`~~-~
SEP 1 6 1998
Rezone #
Conditional Use #
reliminary .Final /Short Plat
lG
Return to:
^ Boise
^ Eagle
^ Garden City
,[~ Meridian
^ Kuna
^ ACZ
^ I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
8. After written approval from appropriate entities are submitted, we can approve this proposal for:
~ central sewage ^ community sewage system ^ community water well
^ interim sewage ,~ central water
^ individual sewage ^ individual water
,~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
)~-central sewage ^ community sewage system ^ community water
^ sewage dry lines ~ central water
10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store q
14 ~~ ,~ Date: ! /~/~
~ ~-- ~,
~~~ Gv~ _~.~~z~~.Pfr~~ Reviewed By:
Review Sheet
[DND IO191 rcb, rev. 1191
'f ~ EcE
R ~~
SEP 2 1 1998
~~"""" n CITY OF'VIERIDIAiV
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
14 September 1998
ill Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Preliminary Plat for Proposed Midvalley Business Park Subdivision
Dear Commissioners:
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development
application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for
further information.
All laterals and wasteways must be protected. All municipal surface drainage must be retained
on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans. The developer must comply with Idaho Code 31-3805. It is
recommended that irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
Sincerely,
l~.e~ ~cczrr~.r,~-
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
cc: File -Shop
File -Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
** TX STATUS REPORT ** AS OF OCT 08 '98 17 23 PAGE.01
PUBLIC FORKS
DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS
28 10108 17 22 1 208 378 0329 EC--S 01'32" 005 057 OK
HUB OF TREASURE VALLEY
Mayor A Good Place to Live
ROBERT D. COBBLE
r~Tmv n~ ~~IERIDIAN
Post-IY Fax Note 7g7~ Date ~~ ~ pa°qes~
To w i-. From
Co,lDept. Ca
PhOng N Phone N
Fax N Fax ~
mAAO
)RHO 83642
Fax (208) 887-4813
LEGAL DEPARTMENT
(108)884.4:6
1'UtiLltr WURKS
BUILnING DEPARTMENT
12(IR) AR7-1Z I l
PLANNING ANU'LUNINC,
DEPARTMENT
(?081884-SSt1
MEMORANDUM: October 8, 1998
To: Mayor, City Council and Planning & Zoning
From: Bntce Freckleton, Assistant to City En ' er ~~~
Shari Stiles, P&Z Administrator C~
Re: Request for Annexation and Zoning to C-G of 5.40 Acres with a
Preliminary Plat and Conditional Use Permit fora 24,560 s.f. Office
Building, Equipment Yard and Garage by Hubble Engineering, Inc.
We have reviewed this submittal and offer the 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 Coancil:
ANNEXATION & ZONING
1, This application is for a parcel of land at the sotrthwest corner of the intersection
of E. Magic View Drive and S. Allen Street, west of the newly constructed
Jackson's Food Store.
2. The legal description for the annexation needs to be a metes and bounds
description tied to government corners. The annexation description must place
this parcel contiguous to the existing Corporate City Limits of the City of
Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to
all the provisions of the City of Meridian Resolution No. 158. The new metes and
bounds boundary description shall place this parcel contiguous to Ordinance No.
714 dated 9/19/95.
3. A development agreement is required as a condition of annexation. The applicant
has submitted a proposed development agreemem; legal counsel needs to review
the document prior to approval by the City Council. All uses will be developed
under the conditional use permit process as planned developments.
4, Respond in writing, to the each of the comments contained in this memorandum
by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian
Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to
Midwlky&uinrsa Pr
Mayor
ROBERT D. CORRIE
Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
MEMORANDUM:
• HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
~2o8>sa4-4254
CITY OF MERIDIAN PUBLIC WORKS
33 EAST IDAHO BUILDING DEPARTMENT
(208)887-2211
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
DEPARTMENT
(208)884-5533
October 8, 1998
To: Mayor, City Council and Planning & Zoning
Frorn: Bruce Freckleton, Assistant to City En i er ~~~
Shari Stlles, P&Z Admintstrator
Re: Request for Annexation and Zoning to C-G of 5.40 Acres with a
Preliminary Plat and Conditional Use Permit fora 24,560 s.f. Office
Building, Equipment Yard and Garage by Hubble Engineering, Inc.
We have reviewed this submittal and offer the following comments, as conditions of
the applicant. These conditions shall be considered in full, unless expressly modified
or deleted by motion of the Meridian City Council:
ANNEXATION & ZONING
This application is for a parcel of land at the southwest corner of the intersection
of E. Magic View Drive and S. Allen Street, west of the newly constructed
Jackson's Food Store.
2. The legal description for the annexation needs to be a metes and bounds
description tied to government corners. The annexation description must place
this parcel contiguous to the existing Corporate City Limits of the City of
Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to
all the provisions of the City of Meridian Resolution No. 158. The new metes and
bounds boundary description shall place this parcel contiguous to Ordinance No.
714 dated 9/19/95.
3. A development agreement is required as a condition of annexation. The applicant
has submitted a proposed development agreement; legal counsel needs to review
the document prior to approval by the City Council. All uses will be developed
under the conditional use permit process as planned developments.
4. Respond in writing, to the each of the comments contained in this memorandum
by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian
Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to
MidvalleyBusinzss.PP
Planning & Zoning CTnmission/Mayor & Council
October 8, 1998
Page 2
the City Clerk's Office a minimum of one week prior to the hearing by the
Meridian City Council.
PRELIlI~IINARY PLAT
1. Sanitary sewer service to this site will be via an extension from the existing line in
Magic View Drive. Applicant will be responsible to construct the sewer mains to
and through this proposed development. Subdivision designer to coordinate main
sizing and routing with the Public Works Department. Sewer manholes are to be
provided to keep the sewer lines on the south and west sides of centerlines.
2. Water service to this site will be via extension of the existing main in Magic View
Drive. Applicant will be responsible to construct the water mains to and through
this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
3. Graphically depict proposed easements on the plat; Note 2 does not designate
widths and is unclear. The property lines for the existing lot in Magic View
Subdivision extend to the centerlines of the roadways; the roads are currently
easements. Revise the plat to show the appropriate existing property lines and
dedication of the roadways as public rights-of--way.
4. Although there is not a minimum frontage requirement for lots in the C-G zone,
flag lots do require a minimum frontage of 30 feet. The 20-foot width shown is
not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30
feet.
5. Revise street names to conform to the requirements of the Ada County Street
Name Committee (i.e., add directional designations).
6. Add a note showing that all lots in this subdivision are subject to the terms of a
development agreement recorded as Instrument No. ,records of Ada
County, Idaho.
7. The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat:
8. Provide 5' wide sidewalks in accordance with City Ordinance Section
11-9-60b.B.
9. Any existing irrigation/drainage ditches crossing the property to be included in
this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be
piped should be shown on the plat. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
MidvalleyBusiness. PP
Planning & Zoning C~inission/Mayor & Council
October 8, 1998
Page 3
confirmation of said approval submitted to the Public Works Department. No
variances have been requested for tiling of any ditches crossing this project.
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as landscape irrigation.
11. Coordinate fire hydrant placement with the City of Meridian's Public Works
Department.
12. Indicate on the final plat map any FEMA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
13. Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by the homeowners association or the
Nampa & Meridian Irrigation District. If the system is to remain a private owners
association system, plans and specifications shall be reviewed by the Public
Works Department as part of the development plan review process. A draft copy
of the pressurized irrigation system O&M manual must be submitted prior to plan
approval. The City of Meridian requires that pressurized irrigation systems be
supplied by a year round source of water. If a creek or well source is not
available, a single point connection to the culinary water system shall be required.
If a single-point connection is utilized, the developer shall be responsible for the
payment of assessments for the common areas prior to signature on the final plat
by the Meridian City Engineer.
14. Please indicate the existing land use and zoning of all adjacent properties.
15. Please show the master street drainage plan for the project, including method of
disposal and approval from any affected drainage district.
CONDITIONAL USE
Off-street parking shall be provided in accordance with Section 11-2-414 of the
City of Meridian Zoning and Development Ordinance and/or as detailed in site-
specific requirements.
2. Paving and striping shall be in accordance with the standards set forth in Sections
11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
3. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
MidvalleyBnsiness. PP
Planning & Zoning C~mission/Mayor & Council •
October 8, 1998
Page 4
off-street parking areas. All site drainage shall be contained and disposed of on-
site.
4. Outside lighting shall be designed and placed so as not to direct illumination on
any nearby residential areas and in accordance with City Ordinance Section 11-2-
414.D.3.
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. All signage will be subject to design
review.
6. All lots within this subdivision will require a conditional use permit in accordance
with the Meridian Comprehensive Plan.
7. Provide five-foot-wide sidewalks within the development in accordance with City
Ordinance Section 11-9-606.B.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
9. Assessment fees for water and sewer service are determined during the building
plan review process. Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these assessments, water and
sewer "Late Comers" fees will also be charged against this parcel to help
reimburse the parties responsible for installing the water and sewer mains to their
current points.
10. A minimum of one three-inch caliper tree is required for every 1,500 square feet
of pavement. Please revise the landscape plan to indicate what the landscaping
symbols represent in relation to the plant schedule. Revise plant schedule to
indicate 3" caliper minimum.
11. Particular attention needs to be paid to lighting plans to ensure that lights do not
cause glare or impact adjacent residential properties or the traveling public, as
determined by the Meridian Public Works Department. The Public Works
Department is in the process of determining detailed standards for lighting.
12. A public roadway is planned north of the proposed Idaho Power Credit Union;
however, it is unknown at this time when the remainder of the public roadway
needed to provide public access to the traffic signal on Eagle Road will be
constructed. Future development in this area will need to have proper access to
the traffic signal.
MidvallryBusiness. PP
Planning & Zoning ~mission/Mayor & Council
October 8, 1998
Page 5
13. No signage details were submitted. Detailed signage plans must be included as
part of this application for review and approval.
14. The P&Z Commission and Council may prescribe appropriate conditions, bonds
and safeguards in accordance with Ordinance Section 11-2-418.
MidvallryBi~siness. PP
I luuu~~ a ~lu ~ i r~u~ a l ~u
1 LCJU J I O C.IJG 7. r. YJG~ YJJ
~`,\~ ENGIryF~9~
RUBBLE ENGINEERING, INC.
~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329
X20 SUR~E~~Q
October 13, 1998
City of Meridian
Shari Stiles, Planning Director
200 E. Carlton, Suite 201
Meridian, Idaho 83642
Re: Midvalley Business Park Staff Report
Dear Ms. Sales;
R,ECENED
OCT 1 3 1998
CITY OF MERIDIAN
The following is a response to the Memorandum. to the Mayor, City Council and
Planning and Zoning Commission regarding the annexation and zoning, preliminary plat,
and conditional use permit for Midvalley Business Park. We have read the memorandum
completely, and agree on all issues including:
ANNEXATION & ZONING:
1. Ok
2. Applicant to comply
3. Applicant to comply
4. Ok
PRELIMINARY PLAT:
1. Applicant to comply
2. Applicant to comply
3. Applicant to comply
4. Applicant to comply
5. Applicant to comply
6. Applicant to comply
7. Applicant to comply
8. Applicant to comply
9. Applicant to comply
10. Applicant to comply
11. Applicant to comply
1.2. Applicant to comply
13. Maintained by HOA; Applicant to comply
14. Applicant to comply
15. Applicant to comply
CONDITIONAL USE PERMIT:
I . Applicant to comply
OCT 13 '98 16 21 1 208 3?8 0329 PAGE. 02
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/ENGI~yF~
9~ HUBBLE~GI~NEERING, INC.
ti 955Q Bethel Court ^ Bolse, Idaho 83709 208!322.8992 ^ Fax 2081378-0329
FAx Tx.vvsMirra,~.
O Original to Follow
O Original Will ~~ Follow
TO: S AR~r -S~~ BPS
FAX NUMBER: 4 g ?- / Z `17
Date: D ~ f r 3~ 1 9 ~$
FzRM: I~YI P~, ~~~ r C!~
# PAGES (including cover sheet):
FROM: SG1 ~ ~ L . N ~ ~ I< < L
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OCT 13 '98 16 21 1 208 378 0329 PAGE. 01
•
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF RUBBLE ENGINEERING, NORTHWEST ) RECOMMENDATION
OF EAGLE ROAD/I-84 INTERCHANGE, ) TO CITY COUNCIL
WEST OF EXISTING TEXACO, FOR )
PRELIMINARY PLAT FOR MIDVALLEY )
CENTER SUBDIVISION, MERIDIAN, IDAHO )
INTRODUCTION
1. The property is approximately 5.40 acres in size. The property is located at 621
Allen Street, Meridian, Idaho, on the southwest corner of Allen Street and Magic View Drive.
2. Owners of record of the subject property are Randy and Linnea Worden of 621
Allen Street, Meridian, Idaho.
3. The Applicant is Hubble Engineering, Inc. of 9550 Bethel Court, Boise, Idaho.
4. The property is presently zoned by Ada County as Rural Transition (RT), and
contains a single family dwelling with an accessory barn and pasture for horse grazing.
5. The Applicant request the property be zoned (C-G), General Retail and Service
Commercial.
6. The proposed site of the subject property is on Lot 10 of the Magic View
Subdivision. The site is west of Jackson's Texaco and Eagle Road and north of the I-84
Interchange.
7. The property which is the subject of this request is within the Area of Impact of
the City of Meridian.
RECOMMENDATION TO CITY COUNCIL -Page 1
PRELIMINARY PLAT -NUBBLE ENGINEERING -
MIDVALLEY CENTER SUBDIVISION
• •
8. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
9. The Applicant proposes to develop the subject property in the following manner:
Re-subdivide Lot 10 of the Magic View Subdivision into five (5) commercially zoned lots.
Develop and construct corporate headquarters of Hubble Engineering, Inc. on Lot 1 of the
proposed subdivision. Lot 1 is approximately 98,000 square feet with a proposed 24,560
square foot building. Lots 2 through 5 would be platted and developed for commercial uses
principally permitted within the C-G zoning designation. Lot 1 would gain access directly
from Allen Street. Lot 5 is designed as a flag lot in order to maintain appropriate public
street frontage. Lots 2 and 5 would be developed with shared access easements. Utility
easements to be provided along the front, outside and rear lot lines of the subdivision.
10. The Applicant's requested zoning of the subject real property as General
Retail and Service Commercial (C-G) is consistent with the commercial designation on the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject
property as Mixed-Planned Use Development.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that they approve the preliminary plat as requested by
the Applicant for the property described in the application, subject to the following:
RECOMMENDATION TO CITY COUNCIL -Page 2
PRELIMINARY PLAT -RUBBLE ENGINEERING -
MIDVALLEY CENTER SUBDIVISION
•
Adopt the Planning and
Recommendations as follows:
Zoning Administrator and Assistant City Engineer
1.1 Sanitary sewer service to this site will be via an extension from the existing
line in Magic View Drive. Applicant shall be responsible to construct the
sewer mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works
Department. Sewer manholes are to be provided to keep the sewer lines
on the south and west sides of centerlines.
1.2 Water service to this site will be via extension of the existing main in Magic
View Drive. Applicant shall be responsible to construct the water mains to
and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
1.3 Graphically depict proposed easements on the plat; Note 2 does not
designate widths and is unclear. The property lines for the existing lot in
Magic View Subdivision extend to the centerlines of the roadways; the road
are currently easements. Revise the plat to show the appropriate existing
property lines and dedication of the roadways as public rights-of-way.
1.4 Revise street names to conform to the requirements of the Ada County
Street Name Committee (i.e., add directional designations).
1.5 Add a note showing that all lots in this subdivision are subject to the terms
of a development agreement recorded as Instrument No. ,records
of Ada County, Idaho.
1.6 The Registered Land Surveyor needs to stamp, sign and seal the
preliminary plat.
1.7 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-
6066.
1.8 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance 11-9-605M. The ditches to
be piped should be shown on the plat. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
RECOMMENDATION TO CITY COUNCIL -Page 3
PRELIMINARY PLAT -RUBBLE ENGINEERING -
MIDVALLEY CENTER SUBDIVISION
•
1.9 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.
1.10 Coordinate fire hydrant placement with the City of Meridian's Public Works
Department.
1.11 Indicate on the final plat map any FEMA floodplains affecting the area being
platted, and detail plans for reducing or eliminating the boundary.
1.12 Applicant must indicate whether the pressurized irrigation system within this
development is to be owned and maintained by the homeowners
association or the Nampa & Meridian Irrigation District. If the system is to
remain a private owners association system, plans and specifications shall
be reviewed by the Public Works Department as part of the development
plan review process. A draft copy of the pressurized irrigation system O &
M manual must be submitted prior to plan approval. The City of Meridian
requires that pressurized irrigation systems be supplied by a year round
source of water. If a creek or well source is not available, a single point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by
the Meridian City Engineer.
1.13 Show the master street drainage plan for the project, including method of
disposal and approval from any affected drainage district.
Adopt the City of Meridian Water Department's Recommendation as follows:
1.14 The City needs to connect a new water source to this closed system prior to
any more development in this area.
Adopt the Meridian City Fire Department's Recommendation as follows:
1.15 All codes will need to be met.
Adopt the Central District Health Department's Recommendations as follows:
RECOMMENDATION TO CITY COUNCIL -Page 4
PRELIMINARY PLAT -RUBBLE ENGINEERING -
MIDVALLEY CENTER SUBDIVISION
1.16 The Applicant obtain written approval from the appropriate entities for the
central sewage and central water plans.
1.17 The Applicant's central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health and Welfare, Division
of Environmental Quality.
1.18 That stormwater be treated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
1.19 Run-off is not to create a mosquito breeding problem.
Adopt the Nampa & Meridian Irrigation District's Recommendations as follows:
1.20 All laterals and wasteways must be protected.
1.21 All municipal surface drainage must be retained on site.
1.22 If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
1.23 The developer must comply with Idaho Code 31-3805.
Adopt the ACHD's Recommendations as follows:
1.24 Applicant to provide a deposit to the Public Right-of-Way Trust Fund for the
site's share of the costs of constructing a traffic signal and roadway
improvements for the East/VVest roadway.
RECOMMENDATION TO CITY COUNCIL -Page 5
PRELIMINARY PLAT -RUBBLE ENGINEERING -
MIDVALLEY CENTER SUBDIVISION
• REcE~D
OCT 2 ~ i~:
CITY OF MERIDIAN
FOR RECORDING USE ONLY
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MIDVALLEY BUSINESS CENTER SUBDIVISION
KNOW TO ALL MEN BY THESE PRESENTS:
The undersigned Midvalley Business Center Subdivision (hereinafter referred to
as "Declarant" or Grantor"), being the owner of that real property located in Ada County,
Idaho and legally described on Exhibit "A" attached hereto hereby adopts the following
Declaration of Covenants, Conditions and Restrictions which shall apply to and run with
that property described on Exhibit "A". (Said property is referred to herein as "Midvalley
Business Center Subdivision" or simply "Subdivision" or "Property" and is depicted in
- that copy of the plat of the property attached hereto as Exhibit B.) The Covenants,
Conditions and Restrictions are as follows:
ARTICLE I
Covenants Running With The Land
1.1 .Covenants. Conditions and Restrictions: Definitions:
This Declaration (including the Design Standards attached as Appendix 1) hereby
establishes and sets forth for the mutual benefit of Declarant and future owners of the
property or any Lot therein, protective provisions, covenants, conditions, restrictions,
agreements, charges, liens and other matters herein set forth (collectively referred to
herein as the "Restrictions" or CCR's"), which are binding upon the Property. These are
expressly and exclusively for the use and benefit of the Property and of each Lot and of
each and every person or entity who now or in the future is an owner of the property or
any Lot therein. ~,
1.2 Runs with Land: These Restrictions shall run with the land (described
in Exhibit A and depicted in that copy of the plat attached hereto as Exhibit. B). Nothing
herein shall be construed to caus ~~ this Declaration to apply to or bind any other
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -1
MIDVALLEY BUSINESS CENTER SUBDIVISION
~ ~ ~~CErvEjJ
DEVELOPMENT AGREEMENT ~ ~ ~ ~ ' 199
CITY 4F I~ZERIDIAN
This Agreement entered into this day of , 1998, by and between
the City of Meridian, hereinafter referred to as "City", and Hubble Engineering, whose
address is 9550 Bethel Court, Boise, ID 83709, the owner of the real property described
herein and applicant(s) for Midvalley Business Center Subdivision, hereafter referred to
as "Developer"..
WHEREAS, the Developer has applied to the City for a zone change to C-G of
the property described herein to develop a Commercial Subdivision;
WHEREAS, the City, pursuant to 67-6511A, Idaho Code, has the authority to
conditionally rezone the property and to enter into a development agreement for the
purpose of allowing, by agreement, a specific development to proceed in a specific area
and for a specific purpose or use which is appropriate in the area, but for which all
allowed uses for the requested zoning may not be appropriate pursuant to the Idaho Code
and the. Meridian City Code.
WHEREAS, the parties do e~iter into this Agreement with mutual consideration as
reflected in the covenants, duties and obligations herein set forth.
1. Description and Location of Property, Size of Property. Present Zoning: This
conditional C-G zone shall apply to the property owned by Developer, hereinafter
referred to as "the property" as specifically described in the attached legal
description labeled Exhibit "A".
The location of the property is generally west of Eagle Road and north of
Interstate 84. The property was formerly zoned by the Ada County Ordinance as RT.
Midvalley Business Center Subdivision -Development Agreement
2. Use Permitted and Restrictions Described by this Agreement: The sole use(s)
allowed and restrictions pursuant to this conditional rezone as reflected in this
Agreement are as follows:
a.) Only commercial uses specifically allowed in the C-G zone shall be
constructed. within the Developer's property. The developer shall follow
the development theme as outlined and attached hereto as Exhibit "B".
No change in the use or restriction specified in this Agreement shall be allowed or
changed without modification of this Agreement pursuant to the requirements of the
Meridian Citv Code. In the event the Developer changes or expands the use permitted by
this Agreement or fails to comply with the restrictions without formal modification of
this Agreement as allowed by the Meridian Ci Code the Developer shall be in default
of this Agreement.
3. Construction of Use in Conditional Zone:. The Midvalley Business Center
Subdivision shall be constructed as shown on the plan attached hereto as Exhibit
"C". Failure to construct the development consistent with this Agreement and the
plan and conditions included as Exhibit "B" or construction in accordance with
this Agreement and the plan and conditions included as exhibits without formal
modification of the plan consistent with Meridian Citv Code, including the
amendment of this Agreement, shall result in a default of this Agreement by the
Developer.
4. Conditions, Bonding for Completion: All of the conditions hereinbefore
described shall be complied with or shall be bonded for completion by the
Developer before the use can receive a final Occupancy permit. The Developer
shall make no use of the project prior to the issuance of the Occupancy permit and
full compliance with the Agreement and the Meridian Ci Code. Failure to
Midvalley Business Center Subdivision -Development Agreement
•
comply or bond for completion of the .conditions -within the time frame
established in the conditions, the Meridian Ci Code or the terms of this
Agreement shall result in a default of this Agreement by the. Developer. The
Developer may be allowed to bond for certain conditions at one hundred and ten
percent (110%) of the estimated cost of completion pursuant to Meridian City
Code.
5. Commencement of Construction: The Developer shall commence construction
within 365 days of-the effective- date of this Agreement as specified in Section 12.
In the event the Developer fails to commence construction within the time periods
herein stated, the Developer shall be in default of this Agreement.
6. Default: In the event the Developer, her/his heirs or 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 the
Agreement, this Agreement may be modified or terminated by the Meridian City
Council upon compliance with the requirements of Meridian City Code. In the
event the City Council determines that this Agreement shall be modified, the
terms of this Agreement shall be amended and the Developer shall comply with
the amended terms. Failure to comply with the amended terms shall result in
default. In the event the City Council, after compliance with the requirements of
the Meridian City Code, determines that this Agreement shall be terminated, the
zoning of the property shall revert to RT Zoning. All uses of property, which are
not consistent with RT zoning, shall cease. Nothing herein shall prevent the
Developer from applying for any nature of use permit consistent with RT zoning.
A waiver by the City of any default by the 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 uther rights or remedies of the City or apply to any
subsequent breach of any such or other covenants and conditions.
Midvalley Business Center Subdivision -Development Agreement
7. Consent to Rezone: The .Developer,- by entering -into this Development
Agreement, does hereby agree that in the event there shall be a default in the
terms and conditions of this Agreement that this Agreement shall serve as
consent to a reversion of the subject property to RT zoning as provided in Idaho
Code.
8. Notices: Any and all notices required to be given by either of the parties hereto,
shall be in writing and be deemed communicated when mailed in the United
States mail, certified, return receipt requested, address as follows:
a.) To the City:
Meridian City
c/o City Clerk
200 E. Cazlton, Suite 201
Meridian, Idaho 83642
b.) To the Developer:
Hubble Engineering, Inc.
c/o Bill Johnson
9550 Bethel Court.
Boise, ID 83709
Either party shall give notice to the other party of any change of their address for
the purpose of this section by giving written notice of such change to the other in
the manner herein provided.
9. 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 sepazate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement
10. 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
Midvalley Business Center Subdivision -Development Agreement
•
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
party so failing to perform.
11. Binding Upon Successors: This Agreement shall. be binding upon and inure to
the benefit of the parties' respective successors, assigns and personal
representatives. This Agreement shall be binding on the owner of the property,
each subsequent owner and each other person acquiring an interest in the
property.
12. Effective Date: This Agreement shall be effective on the date the Meridian City
Council shall adopt this Development Agreement.
13. Requirement for Recordation: The Developer shall record this document,
including a paper copy of Exhibit "A" and Exhibit "B" prior to the formal
recording of the final plat of Midvalley Business Center Subdivision. Failure to
comply with this section shall be deemed a default of this Agreement by the
Developer.
14. Exhibit B: Exhibit B is attached. It is the Preliminary Plat of Midvalley Business
Center Subdivision which was approved by the Meridian City Council on
_ , 1998.
Midvalley Business Center Subdivision -Development Agreement
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to
be executed, on the day and year first above written. -
Dated this day of , 1998.
MERIDIAN CITY
By:
ATTEST:
STATE OF IDAHO)
County of Ada)
:ss
On this day of , in the year ,before me,
,personally appeared ,known to
me to be the of the that executed
the said instrument, and acknowledged to me that he/she executed the same.
NOTARY PUBLIC FOR IDAHO
(SEAL)Residing at: ,Idaho
My Commission expires:
DEVELOPER
By:
STATE OF IDAHO )
County of Ada)
:ss.
On this day of , in the year ,before me,
,personally appeared ,known to
me to be the of the that executed
the said instrument, and acknowledged to me that he/she executed the same.
~,
NOTARY PUBLIC FOR IDAHO
(SEAL)Residing at:_ ,Idaho
My Commission ex~iires:
Midvalley Business Center Subdivision -Development Agreement
~\,\~ ENGIIyF~9~
~~
•
NUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709
Project No. 9818900
EXHIBIT "A"
DESCRIPTION FOR
MIDVALLEY BUSINESS CENTER SUBDIVISION
208/322-8992 ^ _Fax 2081378-0329
August 13, 1998
Lot 10 of Amended Magic View Subdivision, according to the official plat
thereof, filed in Book 52 of Plats at Pages 4445 and 4446, and Amended by an
Affidavit recorded July 13, 1986, as Instrument No. 8629311, Official Records of
Ada County, Idaho.
Prepared by:
NUBBLE ENGINEERING, INC:
GGC/vw/MidvalleyBusinessCenter Gregory G. Carter, .P.L.S.
Title .i1e So.. 993-219,9 ~~~ ~~~+~`~~ ~~~~
FOR VALUE RECEIVED
BaI;S L_aviTT, an unmarried „aa
CRANTOR(s). does(do) hereby GRANT, l3ARGAIN, SELL and CONVEY unto
LI:~S-ca LOSE ?~OfL7ES, husband .and wife
1.~.~~Ci~~y?J
R.t\~Y JOSEPH ?~ORDE\ and
GRANT'cE(S), whose current address is: 62i i11en Street Meridian, Idaho 83 2
the toliewing described real property in aAa County, State of Idaho,
more particularly described as foltbws, to wit:
Lot 10 of 3M~")cD `LaGIC VIEt; SliBDIVISIOS, according to the official plat
thereof, filed in Book 52 of Plats at ?ages 9.145 and 9996, aad dmeaded by as
affidavit recorded July 13, 1986, as Instrument ~o. 8629311, Official Secords
of ado County, Idaho.
~3..7t7205
_ , ,...:..BOISE E & ESCROW
.. ..;t~.
%ECOn6e~ , ti'' ,~~
3~°
'03 PUG 27 fill I12~f
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs 'and assis.is forever. And the said Grantor(s) does(Co) hereby covenant to and with the said
Grantee(s), that Grantor(s) is/are the owner(s) in tee simple of said premises; that said premises are tree from all
encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, sulfered or
done by the. Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (it any) ~i record, and general taxes and assessments, {inUuding irrigation and utility assessments, it
any) for the current yea:, •~hich are not yel due and payable, and that Grantor(s) will warrant and defend the same
Irom all lawful claims whatsoever.
Gated: august 17; 19 3
r
9rian Leavitt
STATE OF Ida10............ County or .. ado ................ as.
i^
On this ... ... day or :~A4AST ...............................
to tho year ot;.: ~3..., belore me, the undersigned, a Notary
P~Dtle tp~^~r,'d°•fot:• said Stste, prrsonally aDPearod
`C __.~_ -L_.` ......................................
the person
CF
aria w.q
Restdtnq ar .............. RES1DlNG IN tJ1GLc,
My tom:r salon ~xoirea• )i6Y'COfii~n: r."'F. : 3=
............................
rA~~ ~+ ~ J ,yby*Y a~ a'
{. ,.: ~ _ err J.Gr. S• - -+ ~ 'vC ..'Y t' rJ+^~'y ~'/S lhy ii
~~~ ..
' _' Page 1 of 1
• ~ 11 August 1998
"EXHIBIT B"
Midvalley Business Center Subdivision
Business Park Development Theme
Midvalley Business Center Subdivision will be developed within a design theme incorporating the following
continuity standards that aze provided by a series of coherent design components. The design components are
related by common scale, shape, texture, color, construction and landscape. The Development Theme includes the
following components:
Idaho wildlife theme throughout the Business Center to include extensive use of outdoor, all weather,
permanent, free-standing animal sculptures, including recognizable Idaho wildlife species. These public
art sculptures will be placed in a natural landscape setting, indigenous to the wildlife species.
Subdivision plats with Covenants, Conditions and Restrictions (CC&R's) will be filed to ensure that future
lot purchasers conform to the Midvalley Business Center Subdivision development theme.
Architectural Control Committee -Responsible for review and approval of all Midvalley Business Center
Subdivision building,. landscape and signage designs (initial design review):
Meridian Design Review Committee -Responsible for review and approval of all Midvalley Business
Center Subdivision building, landscape and signage designs (secondary design review).
Architectural Design Theme throughout project -Arch elements over entries and windows, color-coated
windows and doorways to provide shadow relief and color coordination throughout the project. Small,
functional planters and landscape areas located at exterior window and entry positions where possible.
Concrete column design features, and distinct signage consistencies aze a few of the focal points throughout
Midvalley Business Center Subdivision.
Scale -Two story buildings within the Commercial General (CG) zone.
Shape -Various configurations of rectangles arranged to minimize box appearance by using "offset", "I"
shape and "U" shape to create interior courtyards where possible. "Offsets", "I" and "U" shapes will
provide modulation, indents and give variety to the site building shape.
Texture -Surface treatment of concrete accent areas and ribbed bands formed into the exterior concrete
above doorways and window openings.
Color -Primary tones used on building bodies (such as, but not limited to, tan, light sienna, beige, light
green and green-grays) with limited use of dark accent coloring (such as, but not limited to, rust, burnt
sienna, teal, burgundy and maroon) of textured concrete and ribbed bands.
Construction -Tilt-up concrete. Painted concrete, masonry or synthetic stucco products.
HVAC -Facilities screened from ground level view.
~,
Roof -Pitched roof element incorporated into building design predominantly in smaller buildings.
Landscape -Extensive perimeter and building site landscaping and berming in accordance with approved
Development Agreement.
The Architectural Control Committee will consider a variance to the Midvalley Business Center
Subdivision development theme for individual building considerations on a case by case basis as long as
the overall development theme is not compromised by the variance.
•
ASSOCIATED EARTH SCIENCES. I1~
BIOLOGY • GEOLOGY • ENGINEERING • SOQ, SURVEYS • SOIl, AND WATER QUALfI'Y
• RESOURCE PLANNING AND SITE INVESTIGA"rIONS
4696 Overland Rd. Suite 516 Boise Idaho 83705 208 336-8661
August 10, 1998 ~E+ CE~~L1
Bill Johnson
Hubble Engineering, Inc. O ~ T 2 1 199$
9550 W. Bethel Ct. CITY OF'VIERIDIA~r
Boise, ID 83709
Dear Bill:
The soil physical properties and internal soil drainage conditions were examined on the
property located in the SWSENE of Section 17, T.3N., R. lE., BM., Ada County (platted Lot
#10). This site is located north and west of the Eagle Road interchange to highway I-84 (see
attached plat map).
Four backhoe test holes were logged in representative low and high elevations on the subject
property. The purpose of the soil investigation was to determine seasonal high groundwater
depth, impermeable to water restrictive soil layers, soil textures and colors (indicators of soil
drainage class) and depth to rooting.
The test holes were excavated to a depth greater than 10 feet. Test hole number one (TH 1)
showed free water seeping slowly below a depth of 117". This may be due to very recent
irrigation. Test holes TH2, TH3, and TH4 did not have free water (water table) to depths of
149", 140", and 120", respectively. `Soil colors in all four test holes, indicated well drained
conditions and lacked any mottling or gleyed colors (indicators of poor internal drainage
conditions).
Monitoring wells (PVC perforated pipes) were installed in each of the four test holes. Depth
to water table, if anv, will be read once each week until September 15, 1998. Past experience has
shown seasonal high water tables, caused by irrigation in the area, to reach their highest peak
around the third week of August. After that time they normally fluctuate to a lower depth. I do
not anticipate water tables rising in the test wells, but monitoring will prove or disprove it. I will
check the monitoring wells once each week and report the findings to you on September 15`h
If you have any questions about this report, or if I can be of more assistance, please call me at
(208) 336-8661, office; or (208) 375-7565, home.
Sincerely,
~/
Glen H. Logan
Certified Professional Soil Scientist
AES
Soil Evaluation
Evaluation Date 8/10/98
Requested by Bill Johnson_Hubble En ineerin Phone. (208)322-8992
Address 9550 W. Bethel Court
City Boise State Idaho Zip Code 83709
Lot Size ----- Bedrooms ----- Parcel 5±
acres
Legal Description Lot #10 in the SWSENE of Section 17 T3N R1E
BM, Ada County Idaho
Slope 0-1% Evaluated By Glen H Loqan CPSS
Pit TH 1 Pit TH2
Pit TH3
0-11" Silt loam (25% 0-IO"
C)
lOYR 3/4 Silt loam (20-25% 0-17" Silty clay loam
,
,
many fine and few
d C), lOYR 3/3,
many fine and few (30% C), lOYR
3/4 man fine
y
me
ium roots. medium roots. ~
and common
11-27" Silty clay loam 10-24
~~
Silt loam (25% medium roots.
(30% C) lOYR
4/3
common fine C), lOYR 3/4, 17-27" Silty clay loam
,
roots. many fine roots. (35% C), lOYR
24-40"
27-35" Very gravelly silty
Strongly cemented 3/6, common
fine roots.
clay loam (30-
35% C), lOYR to indurated
hardpan, no roots.
27-52" Very gravelly
4/4, common fine 40-75"
Extremely silty clay loam
(35-40% C)
roots.
gravelly and ,
l OYR 5/6, few
35-55" Ve ravell
~' g Y cobbly loamy
medium sand fine roots.
loamy coarse sand
(5% C)
lOYR (<5% C), ~2-75" Very gravelly
,
4/6, common fine variegated color, loamy medium
roots. no roots. sand (<5% C),
75-149"
55-120" Extremely Extremely cobbly fine oot8, few
gravelly loamy and gravelly
coarse sand (<5% coarse sand (<5%
C)
variegated 75-140" Extremely
C), no roots. ,
color, no roots. gravelly and
cobbly loamv
fine sand (<~
C), l OYR ~/8,
Additional info:
no roots.
,~
TH1 -Very moist soil below 55" depth. Free water (slow seep) below 1 17" depth.
TH2 -Very moist above hardpan from recent irrigation and the neig
No free water (water table) to 149" d hbor's irrigation waste water.
epth.
TH3 -Some free water above 27" from recent i
to a 140" depth. rrigation. No free w ater (water table) below 27"
. • •
AES
` Soil Evaluation
Evaluation Date 8/10/98
Requested by Bill Johnson, Hubble Engineering Phone. (208)322-8992
Address 9550 W. Bethel Court.
City Boise State Idaho Zip Code 83709
Lot Size ----- Bedrooms ----- Parcel 5± acres
Legal Description Lot #10 in the SWSENE of Section 17, T3N, R1E,
BM, Ada County, Idaho
Slope 0-1% Evaluated By Glen H. Logan, CPSS
Pit TH4
0-21" .Silt loam (25%
C), l OYR 4/4,
many fine and few
medium roots.
21-3 8" Indurated and
strongly cemented
hardpan, few fine
roots.
38-52" Gravelly fine
sandy loam (10%
C), lOYR 5/4, no
roots.
52-79" Very gravelly
sandy loam (5-
10% C).
79-120" Extremely
gravelly and
cobbly fine sand
(<5% C),
variegated color,
no roots.
Additional info:
TH4 - Slightly moist from surface to 110". No free water (water table) to 120" depth.
•
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ENGI
'`' `~ RUBBLE ENGINEERING, INC.
9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329
SURVE
December 10, 1998
Mayor & City Council
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
RE: Midvalley Business Park Conditional Use Permit, Annexation and Rezone
Dear Mayor & City Council;
We are scheduled to be heard by the City Council on December 15, 1998 regarding
our application for Annexation and Rezone to C-G, preliminary plat approval of a
five lot subdivision, and a Conditional Use Permit for the development of Lot #1 of
that subdivision. There are a couple of issues that I would like to bring up at this
time that we intend to discuss at the December 15`h hearing.
First, is in regards to a letter I submitted to the Planning and Zoning Commission on
October 15, 1998, after our October 13`h public hearing (copy attached).
Unfortunately, the public hearing was closed and the P&Z would not consider my
request. Basically, the letter stated that we do not want to have Conditional Use
Permit restrictions on our remaining four lots in our subdivision. On November 10,
1998, I submitted a list to Shari Stiles of Principal Permitted Uses that we would
like to include as uses not subject to Conditional Use Permits to be part of our
Development Agreement (copy attached). Ms. Stiles has indicated to me that staff
would support the specific Principal Permitted Uses listed in our Development
Agreement to not. require a Conditional Use Permit so long as the City could
maintain some sort of design review on the uses prior to issuance of building
permits. We feel this is appropriate and have included it in our proposed
Development Agreement that should be part of your application packet. As I
stated, I will address this issue in detail at the public hearing and believe that the
Council will agree with our position on this matter.
The second issue is in regards to something that came up at the end of our last
Planning and Zoning Commission meeting on November 10, 1998. At the previous
meeting, the three above-mentioned applications were heard by the Commission.
The public hearing was opened and several individuals, including myself, testified in
favor of the applications. There were a few people who had comments, and I
believe no opposition. The Commission and myself exchanged questions and
answers and the public hearing was closed. The Commission requested the
attorney to draft findings of fact to be approved at the following hearing.
At the November 10`h hearing, after the public hearing was closed, Commissioner
Smith made a motion for our Conditional Use Permit to include in the findings a
condition requiring that, prior to our occupying the building on Lot #1, the new road
•
coming from Eagle Road and aligning with Allen Street be constructed. This motion
was accepted and is part of the Commissions recommendation to the Council.
Because the public hearing was closed, I was unable to comment on this issue and
address the rest of the Commission. We will address this issue in detail at the
December 15`h City Council meeting. We want to be on record now that we are in
disagreement with that condition being placed on our property. At the hearing, we
will debate your process of adding conditions that are not addressed during the
public hearing, and adding new conditions after the hearing record is closed.
Thank you for your time and I look forward to our meeting on the 15`h. I believe
that all of these issues can be easily resolved and expect a positive outcome.
Sincerely,
eG~,~~~~
.,.-
Shawn L. Nickel, Project Planner
Hubble Engineering, Inc.
2
\/ENGIiy\
F
Q
~SURVE%
~ ~
RUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709
October 15, 1998
City of Meridian
Attention: Shari Stiles, Planning Director
200 E. Carlton, Suite 201
Meridian, Idaho -83642
Re: Midvalley Business Park
Dear Shari:
2081322-8992 ^ Fax 208/378-0329
First, let me begin by thanking you and the Planning and Zoning Commission for the
positive help and recommendations at Tuesday night's public hearing. I believe that we
are on our way to a positive relationship. Something has arisen, however, that could pose
a potential problem. On Tuesday I faxed to you a copy of my responses to the specific
conditions contained within the City Memorandum dated October 08, 1998. In my letter,
I stated agreement with all issues. That night at the public hearing, I confirmed to the
Planning and Zoning Commission my agreement to those conditions. The issue that I
bring up at this time is that I have misinterpreted one of the conditions. Condition #3
under Annexation and Zoning stated in the third sentence "All uses will be developed
under the conditional use permit process as planned developments." I misread that
statement by believing that we were currently processing a conditional use permit and
planned development as part of the annexation process. Later that night at the public
hearing, I believe one of the Commissioners asked you if all of the lots were subject to
conditional use permits, at which time you answered yes. At that point I started getting
confused, but, due to the excitement and other issues of the hearing, I failed to bring it up
during one of my many trips to the podium. It wasn't until the next day at the office that
we realized that a problem may exist.
At this point, it is not our intention to obtain a new conditional use permit for each of the
remaining four lots in the subdivision. We believe that the intent of the Comprehensive
Plan for this mixed-use area, as stated in 5.14U, is founded on the fact that the area
maintains ahigh-quality visual appearance. This is something. that we strive to achieve,
to the point that we believe it can be handled through our development agreement,
CC&R's, and through design review. It has been our experience that potential businesses
shy away from particular properties in the City of Meridian due to having to go through
the conditional use process. Not because of design standards, but because of the
possibility of regulated uses. Uses that are principally permitted in the CG zone through
the Meridian Zoning Ordinance should be allowed and not regulated through the
conditional use process. Obviously, if the use is designated in the Zoning Ordinance as a
Conditional Use, the proper application procedures will be followed, but all uses are not
appropriate. We would agree to Development Review by the Planning and Zoning
Commission (or City Council) for each of the four remaining lots so that landscaping,
lighting, buffering and other design and compatibility issues are discussed, and that the
visual appearance concept described in the Comprehensive Plan is met. This review
could include a notice to the neighbors in order to get their input. We cannot, however,
agree to placing a conditional use restriction on our land that is zoned CG, and eliminate
our zoning right to principal permitted uses in that zone. We can only except a
conditional use permit limitation on our office site at this time, as we agreed to as part of
the original annexation, zoning and preliminary plat process, but not on Lots 2 through 5.
Therefore, I respectfully request modification to Condition #3 under Annexation &
Zoning deleting the sentence "All uses will be developed under the conditional use
permit process as planned developments", and replaced with "All uses principally
permitted in the CG zone will be developed as allowed uses, subject to
design/development review by the Meridian Planning and Zoning Commission."
Shari, I feel bad that this issue was not openly discussed in the public hearing and I hope
it can be worked out prior to, and as part of, the next scheduled public hearing on
November 10~'. I also need to state that in no way did I intentionally try to mislead you,
or the Planning and Zoning Commission by not bringing this issue to light before now. I
hope we can sit down and discuss this with the City Attorney as soon as possible in an
effort to avoid ruining what I believe to be a good partnership between Hubble
Engineering and the City of Meridian. Please contact me as soon as possible so that we
may discuss this further. Thanks for your time.
Sincerely,
Shawn L. Nickel, Project Planner
Midvalley Business Park
Cc: City Attorney, City of Meridian
Meridian Planning and Zoning Commission
Meridian City Council
NG~ti..
'`' ~~' RUBBLE ENGINEERING, INC.
~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329
9ti0 SURVEyOQ
November 10, 1998
Dear Planning and Zoning Commission and City Council;
The following is a list of Principal Permitted Uses allowed in the C-G General Retail and
Service Commercial zone that we would like to be included in our Development
Agreement as uses that are not subject to the Conditional Use Permit process. We would
be happy to agree to any form of design review, or specific site design requirements as
part of our Development Agreement:
USES REQUESTED
1. Accounting Services
2. Administrative Services
5. Bakery Stores
6. Banks or other Financial
7. Clinics (Medical, Dental & Optical)
,~ n..., Ito
~,
13. Hotels
14. Laundries, Commercial
~~rdre~elf-~el~ee
~ r,r,,,~,,,.,.:o~
17. Motels
19. Professional & Sales Offices
20. Publishing & Printing Facilities (small)
21. Restaurants
22. Retail Stores
~J. ~
~v-T-t-"R'vtiS
27. Veterinary Clinics & Hospitals
28. Wholesale Facilities
~' •
We agree, through our Development Agreement to meet specific requirements as listed in
the Meridian Zoning Ordinance for development in the C-G Zone including:
Dimensional Design Standards (i.e. height, setbacks, lot coverage)
Parking requirements
Landscaping requirements (including open space)
Lighting requirements
Signage requirements
Screening and Buffering of adjacent uses requirements
Thank you for your consideration.
Sincerely,
Shawn L. Nickel
Project Planner
~ ~
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 19 , by and
between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first
part, hereinafter called the "CITY", and RUBBLE ENGINEERING, INC. an Idaho Corporation,
party of the second part, hereinafter called the "DEVELOPER", whose address is 9550 Bethel
Court, Boise, Idaho 83709.
WITNES SETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a 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; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-651 lA,
Development Agreements, which provides that cities may enter into development agreements with
developers upon rezoning of land; and
WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development
agreements upon the annexation and rezoning of land; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning of
that certain property described in Exhibit "A", and has requested zoning of General Retail and
Service Commercial (C-G) with a five lot preliminary plat and conditional use permit to allow a
professional office building and has submitted a site plan for the professional office building on Lot
#1 of said property which has been recommended for approval by the Meridian Planning and
Zoning Commission to the Meridian City Council; and
WHEREAS, the DEVELOPER made some representations at the public hearings before the
Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or
rezoning of property; and
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
request, and DEVELOPER submitted a proposed Development Agreement; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to
have the same annexed to said CITY and requested a preliminary plat and conditional use permit
for the development of a professional office building on Lot #1 and has submitted to the CITY site
plans as to how the property might be platted, landscaped, bermed, lighted, access provided, and
elevations, which, except for the site plans for Lots 2 through 5, have been approved for annexation
by the CITY and as part of the annexation the CITY adopted and approved Findings of Fact and
Midvalley Business Park Development Agreement - 1
Conclusions of Law, which are incorporated herein as if set forth in full; and
WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER
enter into a Development Agreement; and
WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the
property subject to de-annexation if the DEVELOPER did not enter into a Development
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this agreement,
in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows:
1. That the above recitals are contractual and binding and are incorporated herein as if
set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a. Develop and construct a commercial subdivision with principal permitted
uses specifically listed in Exhibit "B" of this agreement being allowed to
develop without conditional use permit approval.
b. Develop and construct a professional office building on Lot #1 of the Subject
Property as presented to the CITY.
c. Submit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder's office
prior to any development.
3. That DEVELOPER will file or cause to be filed with the City Engineer, a complete
set of Improvement Plans ("Improvement Plans") showing all streets, entry drives
entering the property from a public right-of--way, utilities, pressurized irrigation
facilities, tiling and piping of irrigation ditches, fire hydrants, extensions of sewer
and water lines to and along the exterior boundary of such property, landscaping,
drainage, street and other similar signing, barricades, and other such improvements
contemplated within the development, which Improvement Plans, and all
improvements shown thereon, shall meet the approval of the City Engineer. Said
Improvement Plans shall be and are incorporated herein and made a part hereof by
reference.
It is agreed that the improvements to be constructed and installed by successor
owners which are located wholly within the boundaries of the lot (hereafter "On-Site
Improvements") are not subject to the terms of this Development Agreement, but
Midvalley Business Pazk Development Agreement - 2
•
shall be subject to review by the CITY in the normal course of the CITY's
administrative review process and building permit for the construction of a building
on such separate lot, with the CITY's remedy for the failure to construct or install
such On-Site Improvements being as provided in the Ordinances of the CITY or the
denial of a Certificate of Occupancy with respect to the building constructed on said
lot. The failure of the owner of a lot within the property to construct or install the
On-Site Improvements on said lot shall not affect or interfere with the issuance of a
building permit or a Certificate of Occupancy with respect to any other lot within the
property, provided the owner thereof is in compliance with the terms by the CITY
and/or the plans approved by the CITY for the building constructed thereon.
4. That DEVELOPER will, at its own expense, construct and install all sanitary
'sewers, storm drains, utilities, water mains and appurtenances, fire hydrants,
sidewalks, curbs and gutters, pressurized irrigation system, tiling and piping of
irrigation ditches, electrical transmission lines, natural gas lines, telephone lines,
cross drains, street, street surfacing, street signs, and barricades as well as any and
all other improvements shown on the Improvement Plans as reviewed and approved
by the CITY.
5. That DEVELOPER will construct and install all such improvements in strict
accordance with a filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6. That DEVELOPER will provide the City Engineer with at least fifteen (IS) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees to
make such modifications and/or construct any temporary facilities necessitated by
such phased construction work as shall be required and approved by the City
Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer and
will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The
Improvement Plans of the proposed improvements shall be "corrected" to show the
actual constructed location (both horizontally and vertically) of the various water
and sewer lines, all utility lines, tiled and piped irrigation ditches, and pressurized
irrigation lines and their individual building service lines, sidewalk, curb and gutter
alignment and grades, etc. The corrected Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge of
the work, that said Plans of the various improvements are true and correct and that
he (the Registered Professional Engineer) has inspected the construction of the
various improvements (water lines, sanitary sewer lines, pressurized irrigation lines,
piped and tiled irrigation ditches, gas lines, electricity lines, storm drain lines,
sidewalks, curb and gutter, street paving, etc.) and that the materials for and the
installation of the same were all done in conformance with the applicable City
Midvalley Business Park Development Agreement - 3
•
Standard Engineering Drawings and Standard Engineering Specifications governing
the construction of these facilities.
That DEVELOPER shall, immediately upon the completion of any such constructed
portion, portions, or the entirety of said development, notify the City Engineer and
request his inspection and written acceptance of such completed improvements or
portion thereof.
9. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the
official minutes of the proceedings of the City Council, that a portion, or portions, or
the entirety of said improvements need to be completed in the interest of the health,
welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within
a reasonable time as determined by the CITY,, construct said needed improvements,
or, if he does not so construct within a reasonable time after written notification of
such Council action, and the CITY thereafter determines to construct„ and does
construct such improvement, or improvements, the DEVELOPER will. pay to the
CITY the actual costs paid or incurred by the CITY for such improvements so
constructed by the CITY, plus interest thereon at an annual interest rate equal to the
prime interest rate of First Security Bank of Idaho l~us five percent (5.0%) until
paid, said payment to be made in such manner and under such terms as the CITY
shall order after conference with the DEVELOPER. Provided, however, the City
Council shall not make the Finding except at a regular or special meeting of the City
Council, duly held, and unless the DEVELOPER has been notified in writing of the
time and place of such meeting at least three (3) days prior thereto and has been
given an opportunity to be present in person or by counsel, and to be heard on the
merit of the proposed Finding.
10. That DEVELOPER agrees that upon its having received written notification from
the City Engineer, that any of the requirements herein specified have not been
complied with, that the CITY shall have the right to withhold the issuance of any
Certificates of Occupancy within such annexed area and/or shall have the right to
withhold the providing of culinary water service to any part, parcel, or portion of
such annexed area until such time as all requirements specified herein have been
complied with; provided, however, the DEVELOPER shall have the right to appear
before the City Council at any regular meeting after any Certificate of Occupancy or
any water service shall have been withheld for reasons set forth in this paragraph,
and shall have the right to be heard as to why such Certificate of Occupancy should
be issued or water service allowed. The Council shall then decide whether said
Certificate of Occupancy shall be issued or water service to said property allowed,
and its decision shall be final, except that the rights of the parties are preserved at
law and equity, including, but not limited to, the right of appeal to a court of
competent jurisdiction.
11. That DEVELOPER agrees that as security for the construction by the DEVELOPER
of the Project Improvements, the CITY shall require from the DEVELOPER
irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable
Midvalley Business Park Development Agreement - 4
•
bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled
Ordinances of the City of Meridian, and the CITY shall have the right to withhold a
building permit with respect to any lot within the property until the same is provided
by the DEVELOPER. Said improvements shall include, but not be limited to, sewer,
water, irrigation and drainage, pressurized irrigation, landscaping, and fencing.
12. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all
improvements as listed on Exhibit "B" are completed, unless the CITY and the
DEVELOPER have entered into an addendum agreement stating when the
improvements will be completed in a phased development; in any event, no
Certificates of Occu ancy shall be issued in any phase in which the improvements
have not been installed, completed, and accepted by the CITY.
14. That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United States
mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer/City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Hubble Engineering, Inc.
9550 Bethel Court
Boise, Idaho 83709
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. The
parties may at any time hereafter modify or amend this Agreement by a subsequent
written agreement executed by the parties. This Agreement shall not, however, be
changed orally, nor shall it he deemed modified in any way by the act of any of the
parties hereto. Nothing herein is intended, nor shall it be constructed, as obligating a
party to agree to any modification to this Agreement.
15. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
16. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER'S heirs, successors or assigns.
17. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
18. 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, the Ordinances of the CITY of
Meridian, and the Comprehensive Plan of the City of Meridian which was approved
and adopted on January 4, 1994.
Midvalley Business Park Development Agreement - 5
• •
DATED the date, month and year first appearing.
DEVELOPER:
RUBBLE ENGINEERING, INC.
By
Don Hubble
President
CITY OF MERIDIAN
By
Robert D. Corrie, Mayor
William G. Berg, Jr., City Clerk
By
Midvalley Business Pazk Development Agreement - 6
STATE OF IDAHO )
SS.
County of Ada)
On this day of 199 ,before me, the undersigned, a
Notary Public in and for said State, personally appeared Don Hubble, known, or proved to me, to
be the President of Hubble Engineering, Inc. who subscribed to the foregoing instrument, and
acknowledged to me that he executed the same in said Corporation name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
SS.
County of Ada)
On this day of 199 ,before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known, TO ME TO BE THE Mayor and City Clerk, respectively, of the City of
Meridian that executed this instrument and the persons who executed the said instrument on behalf
of said corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
Midvalley Business Park Development Agreement - 7
~\,\~ ENGIIyF~9~
RUBBLE ENGINEERING, INC.
~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329
9~0 SURVE~~Q
Project No. 9818900 August 18, 1998
EXHIBIT "A"
DESCRIPTION FOR
LOT 10 OF
AMENDED MAGIC VIEW SUBDIVISION
Lot 10 of Amended Magic View Subdivision as recorded in book 52 of
Plats at Pages 4445 and 4446, records of Ada County, Idaho, located in the
SE1/4 of the NE1/4 of Section 17, T.3N., R.1E., B.M., Ada County, Idaho more
particularly described as follows:
Beginning at the northwest corner of said Lot 10;
thence along the exterior boundary line of said Lot 10 the following
courses:
South 83°11'15" East, 230.88 feet;
thence South 83°21'41" East, 64.86 feet;
thence South 00°22'58" East, 611.11 feet;
thence North 84°41'13" West, 473.05 feet;
thence North 16°03'06" East, 626.61 feet to the Point of Beginning,
containing 5.40 acres more or less.
Prepared by:
NUBBLE ENGIN
'729
~~I~I~~
ING, INC.
GGC/vw/AmendedMagicViewSub Gregory G. Carter, P.L.S.
•
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
RUBBLE ENGINEERING, INC.
1. DEVELOPER shall develop the property described in Exhibit "A" as a Conditional Use
Permit for Lot #1, and as Principal Permitted Uses for the remaining lots.
2. DEVELOPER acknowledges and agrees that only the following listed Principal
Permitted Uses shall be allowed on this property without Conditional Use Permit
approval, subject to compliance with design standards within the Meridian Zoning
Ordinance:
1. Accounting Services;
2. Administrative Services;
3. Bakery Stores;
4. Banks or other Financial;
5. Clinics (Medical, Dental & Optical);
6. Hotels;
7. Laundries, Commercial;
8. Motels;
9.
10. Professional & Sales Offices;
11. Publishing & Printing Facilities (small);
12. Restaurants;
13. Retail Stores;
14. Veterinary Clinics & Hospitals;
15. Wholesale Facilities.
3. DEVELOPER acknowledges and agrees that all other uses not specifically listed above
will be required to submit to the CITY an application for Conditional Use pursuant to
§11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's
approval thereof, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the Subject Property intended for retail or other uses, it
being acknowledged that DEVELOPER has submitted an application for a Conditional
Use Permit for the development of a professional office building on Lot #1, which
application has been approved subject to the execution of the Development Agreement
and the annexation of the Subject Property.
4. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereafter "ACRD"), Central District Health
Department and the Nampa-Meridian Irrigation District.
EXHIBIT "B" November 25, 1998
Midvalley Business Park Page 1 of 3
•
5. DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be Principally Permitted and/or approved by the CITY pursuant
to Conditional Use Applications filed by DEVELOPER, DEVELOPER shall, at its cost
and expense, do and perform the following:
a. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat(s) for the Subject Property,
said plat(s) to be in conformity with the requirements of the Ordinances of the
City of Meridian and State Code.
b. Plan Ap royals. Timely submit and obtain the required approval by the City of
all drainage and grading plans, building plans, lighting plans, landscaping plans,
parking and other plans relating to the development of the Subject Property in
accordance with the Conditional Use Permit obtained for the professional office
building on Lot #1.
c. Compliance with ACPID Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACRD
of the development of the Subject Property, as set forth in the ACRD Staff
Report, or as may be required by ACRD with respect to the approval by ACRD of
the Conditional Use Application and Preliminary Plat to be filed by
DEVELOPER. In cases where ACHD's and the CITY's Conditions of Approval
conflict, the CITY's conditions shall take precedence.
d. Canals. Ditches and Waterways. Tile all canals, ditches and other waterways and
submit evidence of appropriate approvals from the irrigation district and/or
downstream water users.
e. Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to the municipal water and sewer service of the City of
Meridian. All water and sewer facilities constructed or installed by
DEVELOPER on the Subject Property shall be in accordance with plans and
specifications therefore which shall be first approved by the CITY.
f. Landscapins -General. Construct and install all landscaped areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system, except as otherwise expressly noted on said approved plans. All shrubs
and trees planted on the Subject Property will comply with the CITY's landscape
requirements, unless otherwise expressly approved by the CITY in connection
with the specific Conditional Use Permit issued by the CITY with respect to the
development of the Subject Property.
g. Paving -General. All parking areas and driving lanes required for a specific lot
must be paved prior to obtaining a Certificate of Occupancy.
EXHIBIT "B" November 25, 1998
Midvalley Business Park Page 2 of 3
•
h. Payment of Impact Fees. Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by DEVELOPER for a building
permit, impact fees, transfer fees (if applicable), development fees, or similar fees
or assessments which may be imposed upon, or by reason of, the development of
the Subject Property, based on the uses to be developed on the Subject Property.
DEVELOPER acknowledges that at the date of this Agreement, the CITY does
not have in force and effect an ordinance requiring the payment of such fees, but
has under consideration such an ordinance. DEVELOPER waives the right, if
any, to object to the imposition of such fees on the grounds that the Subject
Property was annexed and zoned prior to the adoption of such an ordinance.
Lighting All lighting will be designed in accordance with Meridian Ordinance
Section 2-414.D.3 and approved by the Meridian City Engineer.
Maintenance of Improvements. All improvements referenced in this agreement
shall be perpetually maintained by the DEVELOPER and/or his successors, heirs
and assigns in a neat, aesthetically pleasing and workmanlike manner.
EXHIBIT "B" November 25, 1998
Midvalley Business Park Page 3 of 3
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L r c.. ~~ r
r i RECE D
11 L C 1 5 1998
CITY COUNCIL MEETING CITY OF 1~ftIDIAN
MIDVALLEY BUSINESS PARK c~/~,,~
DECEMBER 15, 1998
1. Introduction
Annexation & Rezoning
Annexation of 5.4 acres and rezone from RT to C-G.
General Retail and Service Commercial Zoning.
2. Compliance with Comprehensive Plan ---
Designates area as mixed-planned use commercial.
Allows for uses such as office, commercial, residential,
medical, industrial.
3. Compatibility with Existing Zoning and Uses
Existing Texaco/convenience store/restaurant, approved hotel.
4. Planning & Zoning Commission Recommendation for Approval
5. Discuss Issue of Conditional Use Restrictions
Letters requesting removal of Conditional Use requirement.
Marketability of principally permitted uses on restricted lots.
Agreement with City Staff of design review requirement rather
than Conditional Use.
Submitted Development Agreement listing exempt uses.
Preliminary Plat
6. Discuss Design
5 lot subdivision on 5.4 acres.
Lot # 1 being developed for Hubble Engineering Corporate
Office.
Lots 2-5 being developed with uses allowed in the C-G zone as
sold.
7. Sewer/Water Availability To the Site
8. Ada County Highway District Requirements To Be Met
9. Compliance with Comprehensive Plan and Subdivision Ordinance
Lot sizes, frontage, approval of application requirements met.
10. Planning & Zoning Commission recommendation for approval
CJ
•
Conditional Use Permit
11. Discuss Design
Development of Lot #1 - 2.57 acre lot on south portion of
property.
Developed as 24,900 square foot building with detached
garage.
Professional Office (Hubble Engineering Corporate
Headquarters).
12. Complies with Zoning Ordinance
Designed based on requirements for landscaping, lighting,
parking, and signage.
13. Construction Type
Tilt-up concrete type building, single story, flat roof.
14. Planning & Zoning Commission Recommendation for Approval
15. Discuss Issue of Condition on Road Construction Prior to Occupancy
Planning & Zoning Commission placed requirement that new
road connection to Eagle Road be complete prior to occupancy.
Financing of property not possible with this type of condition.
ACRD representative present to discuss road situation.
Lot 2 of Magic View Subdivision owner present to update
Council on property.
Applicant to provide for extra impact fees for construction of
roadway.
THANK YOU FOR YOUR TIME AND PLEASE APPROVE THESE
ITEMS WITH THE MODIFICATIONS AS PRESENTED!!!
~ ENGI,yF •
•
~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ~ Fax 2081378-0329
> SUR~EyO
December 10, 1998
C
Mayor & City Council
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
RE: Midvalley Business Park Conditional Use Permit, Annexation and Rezone
Dear Mayor & City Council;
We are scheduled to be heard by the City Council on December 15, 1998 regarding
our application for Annexation and Rezone to C-G, preliminary plat approval of a
five lot subdivision, and a Conditional Use Permit for the development of Lot #1 of
that subdivision. There are a couple of issues that I would like to bring up at this
time that we intend to discuss at the December 15th hearing.
First, is in regards to a letter I submitted to the Planning and Zoning Commission on
October 15, 1998, after our October 13th public hearing (copy attached).
Unfortunately, the public hearing was closed and the P&Z would not consider my
request. Basically, the letter stated that we do not want to have Conditional Use
Permit restrictions on our remaining four lots in our subdivision. On November 10,
1998, I submitted a list to Shari Stiles :of Principal Permitted Uses that we would
like to include as uses not subject to Conditional Use Permits to be part of our
Development Agreement (copy attached). Ms. Stiles has indicated to me that staff
would support the specific Principal Permitted Uses listed in our Development
Agreement to not. require a Conditional Use Permit so long as the City could
maintain ~ some sort of design review on the uses prior to issuance of building
permits. We feel this is appropriate and have included it in our proposed
Development Agreement that should be part of your application packet. As I
stated, I will address this issue in detail at the public hearing and believe that the
Council will agree with our position on this matter.
The second issue is in regards to something that came up at the end of our last
Planning and Zoning Commission meeting on November 10, 1998. At the previous
meeting, the three above-mentioned applications were heard by the Commission.
The public hearing was opened and several individuals, including myself, testified in
favor of the applications. There were a few people who had comments, and I
believe no opposition. The Commission and myself exchanged questions and
answers and the public hearing was closed. The Commission requested the
attorney to draft findings of fact to be approved at the following hearing.
At the November 10th hearing, after the public hearing was closed, Commissioner
Smith made a motion for our Conditional Use Permit to include in the findings a
condition requiring that, prier to our occupying the building on Lot #1, the new road
0
coming from Eagle Road and aligning with Allen Street be constructed. This motion
was accepted and is part of the Commissions recommendation to the Council.
Because the public hearing was closed, I was unable to comment on this issue and
address the rest of the Commission. We will address this issue in detail at the
December 7 5th City Council meeting. We want to be on record now that we are in
disagreement with that condition being placed on our property. At the hearing, we
will debate your process of adding conditions that are not addressed during the
public hearing, and adding new conditions after the hearing record is closed.
Thank you for your time and I look forward to our meeting on the 15th. I believe
that all of these issues can be easily resolved and expect a positive outcome.
Sincerely, _,
~~~ ~ ~~~~
Shawn L. Nickel, Project Planner
Hubble Engineering, Inc.
,~
\,\~ ENGiryF~~
~~ ~~
~ ~ `~ ~ 9550 Bethel Court a Boise, Idaho 83709 208/322-8992 v Fax 208/378-0329
9 Q,
yO SURVEyO
October 15, 1998
City of Meridian
Attention: Shari Stiles, Planning Director
200 E. Carlton, Suite 201
Meridian, Idaho 83642
Re: Midvalley Business Park
Dear Shari:
First, let me begin by thanking you and the Planning and Zoning Commission for the
positive help and recommendations at Tuesday night's public hearing. I believe that we
are on our way to a positive relationship. Something has arisen, however, that could pose
a potential problem. On Tuesday I faxed to you a copy of my responses to the specific
conditions contained within the City Memorandum dated October 08, 1998. In my letter,
I stated agreement with all issues. That night at the public hearing, I confirmed to the
Planning and Zoning Commission my agreement to those conditions. The issue that I
bring up at this time is that I have misinterpreted one of the conditions. Condition #3
under Annexation and Zoning stated in the third sentence "All uses will be developed
under the conditional use permit process as planned deveIopments." I misread that
statement by believing that we were currently processing a conditional use permit and
planned development as part of the annexation process. Later that night at the public
hearing, I believe one of the Commissioners asked you if all of the lots were subject to
conditional use permits, at which time you answered yes. At that point I started getting
confused, but, due to the excitement and other issues of the hearing, I failed to bring it up
during one of my many trips to the podium. It wasn't until the next day at the office that
we realized that a problem may exist.
At this point, it is not our intention to obtain a new conditional use permit for each of the
remaining four lots in the subdivision. We believe that the intent of the Comprehensive
Plan for this mixed-use area, as stated in 5.14U, is founded on the fact that the area
maintains ahigh-quality visual appearance. This is something. that we strive to achieve,
to the point that we believe it can be handled through our development agreement,
CC&R's, and through design review. It has been our experience that potential businesses
shy away from particular properties in the City of Meridian due to having to go through
the conditional use process. Not because of design standards, but because of the
possibility of regulated uses. Uses that are principally permitted in the CG zone through
the Meridian Zoning Ordinance should be allowed and not regulated through the
conditional use process. Obviously, if the use is designated in the Zoning Ordinance as a
Conditional Use, the proper application procedures will be followed, but all uses are not
appropriate. We would agree to Development Review by the Planning and Zoning
Commission (or City Council) for each of the four remaining lots so that landscaping,
lighting, buffering and other design and compatibility issues are discussed, and that the
visual appearance concept described in the Comprehensive Plan is met. This review
could include a notice to the neighbors in order to get their input. We cannot, however,
agree to placing a conditional use restriction on our land that is zoned CG, and eliminate
our zoning right to principal permitted uses in that zone. We can only except a
conditional use permit limitation on our office site at this time, as we agreed to as part of
the original annexation, zoning and preliminary plat process, but not on Lots 2 through 5.
Therefore, I respectfully request modification to Condition #3 under Annexation &
Zoning deleting the sentence "All uses will be developed under the conditional use
permit process as planned developments", and replaced with "All uses principally
permitted in the CG zone will be developed as allowed uses, subject to
design/development review by the Meridian Planning and Zoning Commission."
Shari, I feel bad that this issue was not openly discussed in the public hearing and I hope
it can be worked out prior to, and as part of, the next scheduled public hearing on
November l0a'. I also need to state that in no way did I intentionally try to mislead you,
or the Planning and Zoning Commission by not bringing this issue to light before now. I
hope we can sit down and discuss this with the City Attorney as soon as possible in an
effort to avoid ruining what I believe to be a good partnership between Hubble
Engineering and the City of Meridian. Please contact me as soon as possible so that we
may discuss this further. Thanks for your time.
Sincerely,
Shawn L. Nickel, Project Planner
Midvalley Business Park
Cc: City Attorney, City of Meridian
Meridian Planning and Zoning Commission
Meridian City Council
\\~ ENGliyF~~ .
~_ _ ~ 9550 Bethel Court ®Boise, Idaho 83709 208/322-8992 ®Fax 208/378-0329
November 10, 1998
Dear PIanning and Zoning Commission and City Council;
The following is a list of Principal Permitted Uses allowed in the C-G General Retail and
Service Commercial zone that we would like to be included in our Development
Agreement as uses that are not subject to the Conditional Use Permit process. We would
be happy to agree to any form of design review, or specific site design requirements as
part of our Development Agreement:
USES REQUESTED
1. Accounting Services
2. Administrative Services
5. Bakery Stores
6. Banks or other Financial
7. Clinics (Medical, Dental & Optical)
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,
13. Hotels
14. Laundries, Commercial
1 ~ r,r,,..«.,,,,-;ate
17. Motels
19. Professional & Sales Offices
20. Publishing & Printing Facilities (small)
21. Restaurants
22. Retail Stores
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27. Veterinary Clinics & Hospitals
28. Wholesale Facilities
0
We agree, through our Development Agreement to meet specific requirements as listed in
the Meridian Zoning Ordinance for development in the C-G Zone including:
Dimensional Design Standards (i.e. height, setbacks, lot coverage)
Parking requirements
Landscaping requirements (including open space)
Lighting requirements
Signage requirements
Screening and Buffering of adjacent uses requirements
Thank you for your, consideration.
Sincerely, / .
Shawn L. Nickel
Project Planner
EXHIBIT "B"
TO THE DEVELOPMENT AGREEivIENT
BY AND BETWEEN THE
CITY OF 1VIERIDIAN, IDAHO
AND
RUBBLE ENGINEERING, INC.
DEVELOPER shall develop the property described in Exhibit "A" as a Conditional Use
Permit for Lot #1, and as Principal Permitted Uses for the remaining lots.
2. DEVELOPER acknowledges and agrees that only the following listed Principal
Permitted Uses shall be allowed on this property without Conditional Use Permit
approval, subject to compliance with design standards within the Meridian Zoning
Ordinance:
1. Accounting Services;
2. Administrative Services;
3. Bakery Stores;
4. Banks or other Financial;
5. Clinics (Medical, Dental & Optical);
6. Hotels;
7. Laundries, Commercial;
8. Motels;
10. Professional & Sales Offices;
11. Publishing & Printing Facilities (small);
12. Restaurants;
13. Retail Stores;
14. Veterinary Clinics & Hospitals;
15. Wholesale Facilities.
3. DEVELOPER acknowledges and agrees that all other uses not specifically listed above
will be required to submit to the CITY an application for Conditional Use pursuant to
§ 11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's
approval thereof, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the Subject Property intended for retail or other uses, it
being acknowledged that DEVELOPER has submitted an application for a Conditional
Use Permit for the development of a professional office building on Lot #1, which
application has been approved subject to the execution of the Development Agreement
and the annexation of the Subject Property.
4. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereafter "ACRD"), Central District Health
Department and the Nampa-vleridian Irrigation District.
E~3IBIT "B" Nov ember 25, 1998
N1id~alley Business Park Page 1 of 3
D
• ECENL
~NO,N R D
RUBBLE ENGINEERING, INC. OCT 1 5 1998
~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/32 9
oQ
2O SURVEy
RECE~D.
October 15, 1998 ~ ~ ~ ~ ~ X998
City of Meridian CITY OF MERIDIAN
Attention: Shari Stiles, Planning Director
200 E. Carlton, Suite 201
Meridian, Idaho 83642
Re: Midvalley Business Park
Dear Shari:
First, let me begin by thanking you and the Planning and Zoning Commission for the
positive help and recommendations at Tuesday night's public hearing. I believe that we
are on our way to a positive relationship. Something has arisen, however, that could pose
a potential problem. On Tuesday I faxed to you a copy of my responses to the specific
conditions contained within the City Memorandum dated October 08, 1998. In my letter,
I stated agreement with all issues. That night at the public hearing, I confirmed to the
Planning and Zoning Commission my agreement to those conditions. The issue that I
bring up at this time is that I have misinterpreted one of the conditions. Condition #3
under Annexation and Zoning stated in the third sentence "All uses will be developed
under the conditional use permit process as planned developments." I misread that
statement by believing that we were currently processing a conditional use permit and
planned development as part of the annexation process. Later that night at the public
hearing, I believe one of the Commissioners asked you if all of the lots were subject to
conditional use permits, at which time you answered yes. At that point I started getting
confused, but, due to the excitement and other issues of the hearing, I failed to bring it up
during one of my many trips to the podium. It wasn't until the next day at the office that
we realized that a problem may exist.
At this point, it is not our intention to obtain a new conditional use permit for each of the
remaining four lots in the subdivision. We believe that the intent of the Comprehensive
Plan for this mixed-use area, as stated in 5.14U, is founded on the fact that the area
maintains ahigh-quality visual appearance. This is something that we strive to achieve,
to the point that we believe it can be handled through our development agreement,
CC&R's, and through design review. It has been our experience that potential businesses
shy away from particular properties in the City of Meridian due to having to go through
the conditional use process. Not because of design standards, but because of the
possibility of regulated uses. Uses that are principally permitted in the CG zone through
the Meridian Zoning Ordinance should be allowed and not regulated through the
PAGE NO.
INDEX TO MINUTES
~"
COMMISSION MEETING, OCTOBER 7, 1998
SUBJECT
~r~ ~ Z- ~~
RECEIVED
N O V 1 0 1998
CITY OF :VIERIDIAN
`f
1 Consent Agenda: Development Applications; Final Plats for
Signature: Co~rmation of Investment; Cooperative Agreement
for Construction of an Acceleration Lane at Eagle Road and
Franklin Road; Proposed Changes to ACHD Policy Manual;
Right-of--Way Use Agreement for Installation of Fibre Optics in
Public Right-of--Way, FTV Communications; Request from City
of Kuna Regarding Bridge Street Bridge No. 212A in Kuna;
Request from Property Owners for Type of Fence, Curtis/Ustick
Project, Project No. 52144.0; Resolution No. 543, Findings of
Facts and Conclusions, Vacation of Regal and Monroe Streets;
Approval of Minutes, September 9, 1998; Minutes and Minute
Entries, September 16, 1998
1 - 2 A3, DRH98-0166, 1100 Broadway Avenue
~~
--=--
~2 ~,_ A4, Preliminary Plat: Midvalley Business Park/MA-06-98/MCU-25-
~ - 98
2 - 3 Discussion, Sycamore Neighborhood Plan
3- 4 Request for Premature Release of Road Trust Funds, Bridgewater
Subdivision
4 - 5 Discussion of Driveway Closures, DRH98-156, 1265 Capitol
Boulevard and Ann Morrison Drive
6 Appeal of Staff Level Approval, MCU-21-98, Request for Not Paving
Alley and Request for Access to Pine Avenue, 46 E. Pine,
Meridian
6 - 8 Discussion, Boise City's Vista Neighborhood Plan
8 Professional Services Proposal for LOS Surveillance Study and
Access Control Strategies Study
8 - 9 Professional Services Proposal for Bikeway Study
9 D. Cooperative Agreement for Construction of an Acceleration Lane
At Eagle Road and Franklin Road
E. Proposed Changes to ACHD Policy Manual
Director's Report
=,,
New Letterhead ~ ~-L i~ ~ ~,~V'~'
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~~ ,
~~ ~~:
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~c~no
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUGER, Secretary
Minutes of the Commission meeting held October 7, 1998, at 12:00 Noon, in the offices of the
Ada County Highway District, 318 East 37th Street, Boise, Idaho.
Commissioners Eastlake, Richardson, and Huber present.
Approximately 15 citizens present.
Ada County Highway District staff present: Jerry Nyman, Kent Brown, Terry Little, Errol
Morgan, Mike Brokaw, Neal Newhouse, Dave Szplett, Karen Gallagher, Steve Arnold, J.
Schweitzer, Kathy Smith, Steve Spickelmier, Chuck Rinaldi, Dyan Marquez, and Alice Sinsel.
Commissioner Eastlake called the meeting to order shortly after 12:00 noon, welcomed those in
attendance and explained the method by which the Consent Agenda is approved.
.CONSENT AGENDA: DEVELOPMENT APPLICATIONS• FINAL PLATS FOR
SIGNATURE: CONFIRMATION OF INV STMENT• COOPERATIVE AGREEMENT FOR
CONSTRUCTION OF AN ACCELERATION LANE AT EAGLE ROAD AND FRANKLIN
ROAD: PROPOSED CHANGES TO ACHD POLICY MANUAL• RIGHT OF WAY USE
AGREEMENT FOR INSTALLATION OF FIBRE OPTI SIN PUBLIC RIGHT OF WAY
FTV COMMUNICATIONS: REQUEST FROM CITY OF KUNA REGARDING BRIDGE
STREET BRIDGE NO. 212A IN KUNA• REQUEST FROM PROPERTY OWNERS FOR
TYPE OF FENCE. CURTIS STICK PROJECT PROJECT NO 52144 0• RESOLUTION
NO. 543. FINDINGS OF FACTS AND CONCLUSIONS VACATION OF REGAL AND
MONROE STREETS: APPROVAL OF MINUTES SEPTEMBER 9 1998• AND MINUT S
AND MINiJTE ENTRIES SEPTEMBER 16 1998 -Commissioner Eastlake indicated requests
had been received to move items A3, A4, D and E to the regular agenda for discussion.
Commissioner Richardson moved to adopt Development Application items A1, A2, A5, A6,
A7, A8, and A9, as submitted, and Consent Agenda items B, C, F, G, H, I, and J, as submitted.
Commissioner Huber seconded. Motion carried unanimously.
A3. DRH-98-0166. 1100 BROADWAY AVENUE -Commissioner Eastlake explained that the
staff recommendation is to close the driveway on Broadway and all of the traffic will use
Belmont Street. She indicated that she understands the policy, but believes it will be less safe
to do that and explained why (driveway on Belmont does not meet offset form Broadway). She
recommended that the Commission allow a waiver to the policy and leave the driveway on
Broadway open.
Steve Arnold pointed out that he understood that ITD will not be closing the driveway.
Discussion followed concerning the possibility of providing an entrance only driveway and
Commissioner Eastlake was not opposed to that.
ada county highway district
318 East 37th • Boise, Idaho 83714-6499
Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ada.id.us
REcEr~,D
N O V 1 0 1998
Commission Meeting -October 7, 1998 CITY OF MERjDj~r
Page 3
Discussion. Sycamore Neighborhood Plan (Continued
with consistent pavement width and a sidewalk along one side. Discussion followed concerning
possible funding and needs along the street. Karen Gallagher pointed out that Taft Street is a
collector and probably wouldn't qualify for Neighborhood Enhancement funds from the
District. It may qualify for funding under the school criteria. Commissioners Eastlake and
Richardson asked that a map showing Highway District right-of--way and traffic volumes be
included in future neighborhood plans.. Discussion followed concerning the need to have all
available information possible prior to adopting neighborhood plans, the volume of work it will
take, and the coordination required by staffs.
Further discussion followed concerning the need for the entire neighborhood to agree with
plans submitted for the neighborhood. Mr. Davidson stated that the neighborhood had been
surveyed (119 or 120 homes) and this proposal was unanimously ratified at their May meeting.
There is really a consensus behind this. He further explained the neighborhood's request for
Catalpa and Taft, basically leaving Catalpa as is and improving Taft with sidewalk on one side
and improve the roadway width to make it consistent.
Karen Gallagher pointed out an error on the last page of the staff report, SN7. "Additional
funding may be acquired...." should be stricken. Commissioner Eastlake pointed out the chance
that needs to be made to Exhibit #4: Street Infrastructure Map (page 2-15), relating to capacity.
She congratulated staff, Boise City, and the neighborhood for the work done on this project.
She then moved to support the Sycamore Neighborhood Plan as revised above. Commissioner
Richardson seconded. Motion carried unanimously.
REQUEST FOR PREMATURE RELEASE OF ROAD TRUST DEPOSIT. BRIDGEWATER
SUBDIVISION -Karen Gallagher presented the staff report (copy attached) for subject request
and explained the staff recommendation to deny the release of the road trust fund deposit.
Much discussion followed concerning the area in general, other development in the area, and
other road trust fund deposits in general.
Tim Bridge-~vater, 7569 W. Swift Lane, stated that in Resolution 420, it states that Resolution
No. 116 is repealed. He asked if that means Resolution 116 was actually revoked, placing all
those under 116 automatically under 420? Or do those people remain under 116 to this day? If
the answer to that is yes, the developers of Downend and another person who deposited funds
under 116 are entitled to refunds with interest and then there would not be other trust funds
available to make improvements to the area. After reading both resolutions, it appears
Resolution 420 was adopted due to the fact that there was no avenue to retrieve deposited
monies if the project was not completed in a timely fashion. Commissioner Eastlake explained
the process. Karen Gallagher stated that the District's Attorney has indicated to her that
Resolution 420 applies to everything now; any funds that were placed under Resolution 116 are
under 420 and can be refunded. Commissioners Richardson and Eastlake further explained the
reasons road trust funds are allowed instead of requiring the improvements at the time of
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Commission Meeting -October 7, 1998
Page 5
Discussion of Driveway Closures DRH98 156 1256 Capitol Boulevard (Continued)
Kent Lamberson, representing Goodman Oil Company, stated that they are paying taxes on
Sherwood Street, which was vacated in February, 1920; he has no documentation to that effect,
but would like to have that question answered. Mr. Lamberson stated that their request is real
simple; to leave it the way it is. He then stated that he believes it is safer than what is proposed.
They only want to expand the use of the building, not change it. He further pointed out the
traffic counts they have from the industry and that staff s numbers are too high. Much
discussion followed concerning the amount of traffic that use Capitol Boulevard and the
number that will use the site. Commissioner Huber asked what the impact of closing the
driveway would have on the business. Mr. Lamberson said it will shut them down.
Commissioner Huber then explained the role of the Commission to look out for the general
safety of the traveling public and to attempt to balance that with the businesses involved.
Mr. Lamberson stated that he believes closing the southern driveway will reduce their business
by 20% or more. He did not agree with the numbers of vehicles staff had indicated will be
using their facility; their experience has been that it is about half what staff is reporting. Much
discussion followed concerning what they plan for the project, the numbers used by staff, and
accident data for the area.
When asked if he thought staff and he could work out the problems with the driveway, Mr.
Lamberson indicated that staff is not willing to make any adjustments to the policy without
bringing it to the Commission. He said there are well educated and talented people on the staff
and they should have the liberty to judicially look at a site and say "this doesn't work here";
they should not have to come to the Commission in all instances. He said the applicant is
concerned about closing one of the driveways on Capitol Boulevard because it causes a
circulation problem on the site. Much discussion followed concerning the changes that will be
made on the site, the. circulation requirements, and possible changes. Commissioner
Richardson suggested that the northern driveway be allowed to be wider than recommended by
staff and still close the southern driveway. Much discussion followed concerning the need, or
lack thereof, to close the southern driveway. Dave Szplett noted that staff would support the
wider northern driveway on Capitol instead of allowing the southern driveway to be left open.
After discussion regarding the curb cut on Ann Morrison Drive, Commissioner Richardson
moved to strike Site Specific Requirement number 2; that Site Specific Requirement number 1
be rewritten to say: Reconstruct the driveway on Capitol Boulevard located starting 140 feet
north of Ann Morrison Drive as a (whatever the dimension would be) curb return driveway
with 15-foot curb radius in order to bring the width of the driveway up to approximately the
northern property line, or wherever the workable solution would be, to give them adequate
access so that cars could pull in immediately to the pumps or bypass the island and go around
behind it. Further, to uphold Site Specific Requirement number 4 with the omission of the Ann
Morrison Drive driveway. The driveway on Ann Morrison Drive would not require change.
Commissioner Huber seconded. Motion carried unanimously.
t
Commission Meeting -October 7, 1998
Page 7
Discussion Boise Citv's Vista Neighborhood Plan (Continued)
The plan is encouraging painting the crosswalks at all intersections between Nez Perce and
Targee and at all other signalized intersections, at least as a start. Terry Little, pointed out that
staff is not in any way saying that we don't want to encourage walking; we just don't want to
encourage near misses. He is all for walking and doing the right thing for making it safe. He is
not for throwing things out there that will make people feel safe and get hit by vehicles. He
stated that painted crosswalks, in many cases, will encourage people to think they've got it
made and they will step out there and they don't have it made. You can go to the extent of
Portland and install flashing lights, big signs, and do some pavement treatments; you can do
things to make it safe and encourage pedestrians. He would favor that more than just putting up
painted lines. He will be watching the ones that are in place to make sure we aren't
encouraging accidents. Mr. Little is not against encouraging pedestrians; he just wants to make
sure we do it in a safe manner.
Discussion held concerning the types of paint that would be required for crosswalks, which is
different from the crosswalk paint that is currently used. Commissioner Richardson said he
would like to see crosswalks painted on every intersection in the Vista Avenue neighborhood,
so that Vista Avenue does become a pedestrian friendly street. Commissioner Eastlake
explained her concern with having crosswalks on every street intersection on Vista Avenue.
Discussion held concerning the area and the streets that would have crosswalks; some of the
streets do not create 4-way intersections.
Susan Pisani, Vista Neighborhood Association, stated that the only streets that really line up are
Targee, Palouse, and Nez Perce. There are no other streets on the east side of Vista that
connect with the other side. Commissioner Eastlake asked Ms. Pisani where the Vista
Neighborhood is asking for crosswalks to be installed. Ms. Pisani stated that she believes there
should be crosswalks at Palouse, Nez Perce, and Targee. They are planning to put in pavers at
Targee and doesn't believe the neighborhood would favor crosswalks at all the other street
intersections. Further discussion followed concerning the area in general, the future, and the
need, or lack thereof, for crosswalks at every intersection.
Commissioner Richardson said he would like to see it go further than just the crosswalks at
Palouse, Nez Perce, and Targee, but this is a good first step. Terry Little recommended a
limited study prior to installing the crosswalks on this 4/5 lane roadway; they want to do
something to make it safe. Commissioner Richardson urged that a sign be provided for this
area which states that pedestrians have the right-of--way at crosswalks and could be part of the
study undertaken by staff. He understands it will take public education and that we may have to
adopt some kind of public service announcement strategy, and if he is successful at hiring
policemen to enforce neighborhood traffic laws, this would be one of the things he would
enforce. Commissioner Eastlake agreed with making the streets pedestrian friendly, but we
only have limited numbers of arterials and restricting those may cause people to drive on
neighborhood streets. Further discussion followed.
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Commission Meeting -October 7, 1998
Page 9
Professional Services Proposal for Bikeway Study (Continued)
that was done to prepare the map. Commissioner Eastlake was concerned that if public
comment had not been taken in the past, the routes that currently exist may not be the best
routes and we might be missing something. This study won't answer that question. Discussion
held concerning the Ridge to Rivers plan, the need for the public to be involved in the
prioritization of what will be worked on for cyclists. Mr. Flatz indicated that there were no avid
cyclists on their study team. Commissioner Richardson suggested that a bicycle advisory
committee be formed and give it more focus than the previous committee had. That committee
could be used as an advisory committee to work in concert with the project. Discussion
followed concerning what it would take to change the scope of work. Mr. Flatz was not
opposed to such a change, but it would be a change because it would take more time.
After much discussion, it was determined that the staff should take this matter back and amend
the scope of work to include a citizen committee and recommend to the Commissioners how
they appoint such a committee.
D COOPERATIVE AGREEMENT FOR CONSTRUCTION OF AN ACCELERATION
LANE AT EAGLE ROAD AND FRANKLIN ROAD -Commissioner Eastlake stated that the
Commissioners agree to this agreement with a date the Highway District can live with, so the
Director is to secure language that he can live with in terms of timing and then go ahead and
sign the agreement.
E. PROPOSED CHANGES TO ACRD POLICY MANUAL -Commissioner Eastlake pointed
out that Mayor Coles had again commended the street sweeping efforts of Errol Morgan's
crews. Mayor Coles constantly hears from out of town visitors how clean the streets are in
Boise.
Steve Spickelmier presented the staff report and explained the reasons for amending the dollar
amounts for approval of documents by staff members. He stated that the changes are proposed
to make the approval authority more consistent. Much discussion followed with regard to the
proposed changes. Mr. Spickelmier recommended that the Commission direct staff to bring
back a new document that authorizes all Division Supervisors to sign documents up to $15,000,
Managers of all Departments up to $25,000, and the Director up to $50,000. Anything in
excess of $50,000, will be brought to the Board for signature. Much discussion followed
concerning the proposed changes. The Commissioners agreed that the signature authority be
the same across the board and directed staff to amend their proposal and bring it back to the
Board for final adoption.
DIRECTOR' S REPORT
New Letterhead -Commissioner Eastlake asked about the new stationary and Jerry Nyman
explained the work done by the Administrative Assistants to standardize the stationary used by
the District. Commissioner Eastlake said she liked it.
Commission Meeting -October 7, 1998
Page 11
MISCELLANEOUS DISCUSSION
Request for Speed Limit Sign on Resseguie Street -Commissioner Richardson passed on a
concern from a resident at the corner of Resseguie and 6th Street regarding speeding on
Resseguie Street. The resident had indicated that there is no speed limit sign on Resseguie
Street. Commissioner Richardson suggested that a 20 mph speed limit sign be installed east of
8th Street on Resseguie Street. Gary Owen reported that a work order had been written to do
just that.
Commissioner Richardson moved to adjourn at 3:40 p.m. Commissioner Eastlake seconded.
Motion carried unanimously.
l
.Sherry R. Hu ,Secretary Susan S. Ea t ake, President
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