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Troutner Business Park AM
r HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN Council Members 33 EAST IDAHO CHARLES ROUNTREE GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 RON ANDERSON KEITH BIRD LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 AL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRANSMITTAL WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the eridian City Council, please submit your comments and recommendations to M Meridian City Hall, Attn: Will Berg, City Clerk by: Jul 1 1998 HEARING DATE: TRANSMITTAL DATE: June 18 1998 July 7 1998 ND CITY ORDINANCE FINDINGS OF FACT AND THE DEVELOPMENT REQUEST: AME _., BY: TROUTNER BUSINESS PARK OF FRANKLIN & SW 5TH LOCATION OF PROPERTY OR OJECT INTERSECTION SCHOOL DISTRICT TAMMY DE WEERD P/Z MERIDIAN --- POST OFFICE(PRELIM & FINAL PLA M ALCOLM MACCOY, P/Z _MERIDIAN ADA COUNTY HIGHWAY DISTRICT MARK NELSON, P/Z --_ADA PLANNING ASSOCIATION BYRON SMITH, P/Z _CENTRAL DISTRICT HEALTH IRRIGATION DISTRICT KEITH BORUP, P/Z ROBERT CORRIE, MAYOR NAMPA MERIDIAN SETTLERS IRRIGATION DISTRICT & FINAL PLAT) RON ANDERSON, C/C CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM —U S WEST(PRELIM & FINAL PLAT) & FINAL PLAT) KEITH BIRD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL) —BUREAU GLENN BENTLEY, C/C WATER DEPARTMENT OF RECLAMATION(PRELIM IDAHO TRANSPORTATION DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT YOUR CONCISE REMARKS: FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES ■. . ETON -DEVELOPMENT AGREEMENT (Phase II Troutner Business Park) Date: 0'.., 1. AGREEMENT. Troutner Business Park Development Corporation, an Idaho corporation, ("Developer") owns that Property (Troutner Business Park) described on Exhibit A hereto, and desires to subdivide the Property for non-residential purposes in accord with applicable Meridian subdivision ordinances. Developer desires to defer construction of infrastructure and public facilities in Phase II of Troutner Business Park (described as Lots 10-15, Block 2; Lots 1-3, Block 3; Lots 5- 8, Block 3; Lots 1-3, Block 4; Lot 3, Block 5; and depicted in Exhibit B attached hereto) required as conditions of approval of the final plat of the Property ("Subdivision Improvements") by the City of Meridian, an Idaho municipality ("City"), such deferral to be for the purpose of determining market acceptance of Phase II in its preliminary stage, and the mix of uses and style of development of Phase II (within the range allowed by the Property zoning) preferred by such market. In connection with such deferral, and as a condition to the City's approval of the final plat of the Troutner Business Park Property, the City and Developer agree to the following provisions and restrictions for Phase II. 2. NO DEVELOPMENT. No construction of Subdivision NON -DEVELOPMENT AGREEMENT - 1 realest/ballanno.dev Improvements within all or any part of Phase II of the Troutner Business Park subdivision shall be undertaken without the prior written consent in each instance by the City, based upon plans submitted to the City detailing the extent, nature, and estimated cost and construction time thereof. Any such construction shall be in accord with the original a) conditions of subdivision approval; b) the Development Agreement in effect for Troutner Business Park between the City and Developer; and c) the standard construction requirements of the City in effect at that time. City may, at the City's option, subject Developer to providing an irrevocable letter of credit or cash surety agreement in an amount sufficient to ensure the proper completion of such improvements in Phase II when approval is given by City for such construction. 3. NO SALE. Developer shall not during the term of this Agreement sell any lots in Phase II described on Exhibit B without the prior written consent in each instance by the City, which consent shall be predicated upon completion of the Subdivision Improvements serving Phase II in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time. This Agreement may be recorded in Ada County as notice to prospective purchasers of this restriction; [Provided, however, Developer may sell the entirety of Phase II to another developer so long as a) the City NON -DEVELOPMENT AGREEMENT - 2 realesUballanno.dev consents to the sale; b) the sale is subject to this Agreement and the Development Agreement; and c) the buyer/developer agrees in writing with the City to assume all obligations under these agreements.] 4. TERMINATION. If construction of the Subdivision Improvements in Phase II has not been started within two years from the date the final plat of Troutner Business Park is recorded, and is not complete within three years of such recording date, then the City's original approval of the final plat shall be deemed revoked as to Phase II of the Property for which Subdivision Improvements are not then complete in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time, and the City may then record notice of such revocation as to Phase II in the records of Ada County. This Agreement shall terminate, unless extended by mutual written agreement, upon the earlier of (a) completion of the Subdivision Improvements, (b) two years after recording of the final plat if the Subdivision Improvements have not then been started, or (c) three years after recording of the final plat. 5. BINDING EFFECT. The provisions hereof shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. NON -DEVELOPMENT AGREEMENT - 3 realegVballanno.dea TROUTNER BUSINESS PARK DEVELOPMENT CORP. By James Ballantyne, President By Title STATE OF IDAHO ) ss. County of Ada ) CITY OF MERIDIAN By Robert D. Corrie, Mayor By William G. Berg, Jr. City Clerk On this day of 01 19 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, an Idaho municipality, Idaho, and they duly acknowledged to me that they executed the within instrument on behalf of said municipality and that said municipality 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 in Boise, Idaho My Commission Expires: NON -DEVELOPMENT AGREEMENT - 4 realestJballanno.dev STATE OF IDAHO ) ss. COUNTY OF Ada ) On this day of #1 19 , before me, the undersigned a Notary Public in and for said State, personally appeared JAMES BALLANTYNE and , known or identified to me to be the President and of Troutner Business Park Development Corporation, the corporation that executed the instrument or the persons who executed the instrument on behalf of said corporation, 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. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: NON -DEVELOPMENT AGREEMENT - 5 realestlballanno.dev A PARCEL OF LAND LYING WITHIN THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE' 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1 /16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. O(CEPTTHAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. EXHIBIT "A" ....... N 1•aT3i ♦ S.1J SA SAJ ' 3n..w PA.L•�.. 1321x CDWe, k bt b� as e SHEET 3 Or ) SHEET 1 OF ) t7 x s.le S.S bg S.7 1J 133L1Q /p.1.0,„ •y0 13M11• HOA• �� . P N 9o'OOw E 165'.31 a t i.s1s or x.NNm p }} �y UNrsATTCD I • 4 i 111F11 a a 4 Ja �I� U �tl I = Its FT —"�3a7►— abaT 3osas rt� �0 � nam n IIS aaE n a N .•.•vr • a 3AL71 1 — IMee R 10436 R QIPI ' Y mm n 13693 R ® N e9'66'06' Z (99 ! aF 1 X11 mrt Y D C7 Imnm R :1 I y ® _ mmn N 6936'W" W U1/P1AREp NWY.NEY.NE1. I • 4 i a �I� U �tl I •N9 Ila � IIS 7.007 R — — 667.21 Imnm R :1 I y ® _ mmn N 6936'W" W U1/P1AREp NWY.NEY.NE1. DEVELOPMENT AGREEMENT [TROUTNER BUSINESS PARK] THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Troutner Business Park Development Corporation, an Idaho corporation, whose address is c/o James Ballantyne, 10250 Whispering Cliffs Drive, Boise, Idaho 83704 ("Developer"). WITNESSETH: 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" (the "Property"), which is attached hereto and by this reference incorporated herein as if set forth in full (DEVELOPER is the successor in interest of the prior owners, David Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others, most of whom are now shareholders of DEVELOPER herein]; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and DEVELOPMENT AGREEMENT - 1 d/realest/trout2de.agr WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted and the CITY has approved an application for annexation and zoning of the property to General Retail and Service Commercial (C -G) and Limited Office (L-0) and has submitted a final preliminary plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing 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, the DEVELOPER (through its predecessors), as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, and has submitted to the CITY a Plat thereof. The property has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and DEVELOPMENT AGREEMENT - 2 d/realest/trout2de.agr 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 successors and assigns to this agreement, in consideration for the annexation of the Property 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. Zoning: That the development of Property shall be only for General Commercial and Service Commercial (C -G) and Limited Office (L-0) and developed as a Commercial Planned Development and all applications to develop lots shall be processed under the Conditional Use Permit process for the CITY of Meridian. 3. Non -Development Agreement (phase II): Upon execution hereof the parties agree to execute the original of that "Non -Development Agreement" for the Phase II portion of this subdivision, a copy of which Agreement is attached hereto as Exhibit C. DEVELOPER agrees that if the City DEVELOPMENT AGREEMENT - 3 d/realest/trout2de.agr needs or desires a required improvement to be completed in Phase II, CITY shall inform DEVELOPER in writing and DEVELOPER agrees to commence construction of those Phase II improvements contained in the CITY's letter within sixty (60) days from the receipt of the CITY's letter and complete those improvements within 180 days of CITY's letter. 4. No Plat Chang: There shall be no change to increase the number of lots shown in the final Plat approved by the CITY of Meridian, which is incorporated herein as if set forth in full herein. (This plat is depicted in Exhibits B-1 and B-2 attached hereto. 5. Subdivision Improvement Plans: DEVELOPER will, before construction commences, file or cause to be filed with the CITY Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, curbs, gutters and sidewalks utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the CITY Engineer. The Subdivision DEVELOPMENT AGREEMENT - 4 d/realest/trout2de.agr Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. Installation of In ra ruuLe: DEVELOPER will, at its, own expense, (and subject to that Non -Development Agreement attached hereto), construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, cable TV lines, telephone lines, curbs, gutters and sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas, and television lines as required for the development. 7. Infrastructure Installation Standards: DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the CITY Standard DEVELOPMENT AGREEMENT - 5 d/realest/trout2de.agr Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, nr ag, otherwise agreed hPtWPPn— R an z�. ific more nero t ion than at t e i execut ' th . C Agzzep en'F 8 . Construction nn h caul P• Advance Notice e o -Meridian di an Engineer: DEVELOPER will provide the CITY Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements it 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. 9. Corrected Original Drawings: DEVELOPER will have "corrected" original drawings of the Subdivision 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 Subdivision Improvement Plans of the proposed DEVELOPMENT AGREEMENT - 6 d/realest/trout2de.agr improvements shall be "corrected" to show the actual constructed location of the various water, sewer, utility and pressurized irrigation lines, and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision 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. 10. No i i a.ion of ompl inn: DEVELOPER will, immediately upon the completion of any such constructed portion, or portions of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements. 11. Completion of mprovemenr- by CITY of M ridian No i�P Hearin -9: DEVELOPER agrees, that 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, 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 thereupon, within a reasonable time, construct said needed DEVELOPMENT AGREEMENT - 7 d/realest/trout2de.agr 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 cost of such construction, 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 set forth in this paragraph except at a regular or special meeting of the CITY Council 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 merits of the proposed finding. 12. Developer Completion of Imorovem n s; Hearing: 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 DEVELOPMENT AGREEMENT - 8 d/realest/trout2de.agr 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. 13. Meridian Remedy for Failure to Complete Installation: DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may DEVELOPMENT AGREEMENT - 9 d/realest/trout2de.agr be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. Security Interest to Meridian; Subordination to Lender; Release of Security Interest. 14.1 Security Interest: DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. 14.2 Release of Security: Upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein and/or release any other security posted under Section 14.4 below against all or any Phase or portion of the subject land, upon DEVELOPMENT AGREEMENT - 10 d/realest/trout2de.agr completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 14.3 Subordination to Lender: The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14.4 Bonds and Other r, The CITY may also require surety bonds, irrevocable letters of credit, cash DEVELOPMENT AGREEMENT - 11 d/realest/trout2de.agr deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. Late Comers Agreements: It is agreed that as part of this Development DEVELOPER will install a sewer line off property of approximately 1,388 feet (from the entrance of the Development to the manhole cover on Taylor Avenue). DEVELOPER may also install a water line 533 feet from Meridian Road to the east edge of the Development. The cost of these installations shall be paid by DEVELOPER. However, since each of these off-site improvements can be used by the other land owners, it is agreed that the DEVELOPER shall request that the CITY enter into a late comers agreement concerning these utility extensions usable by other parties. DEVELOPER agrees to design and construct such facilities subject to the CITY's approval of the design of the facilities. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such DEVELOPMENT AGREEMENT - 12 d/realest/trout2de.agr bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work which would apply to a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. Certificates of Occupancy Conditional on Completion of Improvements: DEVELOPER agrees that no Certificates of Occupancy in a Phase will be issued until all improvements in that Phase are completed and no Certificates of Occupancy shall be issued in any Phase until the improvements have -z�,e4 been installed, completed, and accepted by the CITY; provided, however, that this paragraph 16 shall not apply to the construction of the USDA building on Lot 3 Block 2, which building will probably be completed prior to the total completion of all other site improvements to Phase I. The construction of this USDA building shall be subject DEVELOPMENT AGREEMENT - 13 d/realest/trout2de.agr to Meridian approvals outside of this Development Agreement. 17. Boecial Conditions: DEVELOPER agrees to the following special conditions and development requirements: 17.1 Perimeter Fence: To construct permanent fencing as approved by the CITY of Meridian around the perimeter of the development (except for the perimeter adjacent to Franklin Road, roadways, pedestrian easement areas, and Eight Mile Lateral crossings). 17.2 Fiaht Mile TateralFence: DEVELOPER shall install six (61) foot chain link permanent fencing on both sides of Eight Mile Lateral except where roadways are located as shown on the approved Improvement Plans. 17.3 Hammerheads: DEVELOPER shall construct two hammerheads next to Franklin Square Subdivision as depicted in the Plat on Exhibit B-2. These hammerheads are to be dedicated to ACHD. 17.4 Lot 10 Block 1 Pedestrian Easement• DEVELOPER shall construct with concrete and materials approved by the CITY of Meridian a 12' wide pedestrian/bicycle and emergency easement access way from S.W. 5th Street to DEVELOPMENT AGREEMENT - 14 d/realest/trout2de.agr Penwood Street on Lot 10 Block 1 in Phase I (depicted on Exhibit B-2), together with approved emergency bollards. 17.5 Ditches; Tiling: DEVELOPER agrees that except for Eight Mile Lateral, all other irrigation or drainage ditches shall be tiled or piped. U7.6 Planting Strips,DEVELOPEQ agrees to landscape and plant those thirty-five (35') foot Common Area Lots (Lot 1 Block 1; Lot 1 Block 2) along W. Franklin Road. Western Strin AH-iarant- t -n cr.,,___ DEVELOPER agrees to landscape and berm that thirty-five (35') foot strip on the western edge of Lots 6-13 of Block 1 which are adjacent to Franklin Square Subdivision (except the area covered by the Hammerheads, the pedestrian/bicycle easement over Lot 11 Block 1, or the Eight Mile Lateral). 17.8 Pressurized Irrigation: DEVELOPER agrees to install pressurized irrigation for each lot in each Phase together with all necessary pumping facilities. 17.9 dater and Sewer: Extend and construct water and sewer line extensions and connect to the existing DEVELOPMENT AGREEMENT - 15 d/realest/trout2de.agr Meridian water and sewer lines to serve each Phase of this development as each Phase is constructed and to serve each building lot in each Phase. Construct streets, curbs and gutters and sidewalks of the development which meet CITY and ACHD requirements. 17.11. Richt of Way Dedication: Dedicate all required public rights of way from the center line of adjoining public roads. 17.12. Meridian Fees: Pay any usual and customary development fees or transfer fees adopted by the CITY of Meridian. 17.13 Meridian Ordinances: Comply with all Meridian CITY ordinances. 17.14 Common Area Lots: DEVELOPER agrees to deed the Common Area Lots to the Troutner Business Park Association, Inc., set up in the CC&R's. These Common Area Lots are: Lot 1 and 5, Block 1; Lot 11 Block 1 (pedestrian/bicycle CITY easement); Lot 1, Block 2; Lots 5 and 13, Block 2; Lot 5, Block 3. The CC&R's shall provide that these lots shall be maintained by the Association. DEVELOPMENT AGREEMENT - 16 d/realest/trout2de.agr 17.15 Storm DrainaaP: DEVELOPER agrees to provide storm drainage as approved by the Engineer for the CITY of Meridian. 18. No i That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: CITY Engineer CITY of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Troutner Business Park Development Corporation c/o James H. Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 COPY TO: James W. Kiser Attorney at Law PO Box 190718 Boise, Idaho 83719 19. Record;nQ Pte; That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. Run with h Tand: 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. DEVELOPMENT AGREEMENT - 17 d/realest/trout2de.agr 21. Aoproval CTTY of M r;�;an: This Agreement shall become valid and binding only upon its approval by the CITY Council and execution of the Mayor and CITY Clerk. 22. De -annexation: 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 its assigns or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: Troutner Business Park Development Corporation In James H. Ballantyne, President Titl DEVELOPMENT AGREEMENT - 18 d/realest/trout2de.agr STATE OF IDAHO ) .ss. County of Ada ) CITY OF MERIDIAN M Robert D. Corrie, Mayor William G. Berg, Jr., CITY Clerk On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES H. BALLANTYNE and , known, or proved to me, to be the President and of Troutner Business Park Development Corporation and acknowledged to me that they executed the same on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:_ DEVELOPMENT AGREEMENT - 19 d/realest/trout2de.agr STATE OF IDAHO ) .ss. County of Ada ) On this day of , 1997, 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: (SEAL) My Commission Expires:_ DEVELOPMENT AGREEMENT - 20 d/realest/trout2de.agr A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE' 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPTTHAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. 4t�x� I b ll)-� A F E 0 0 4 1999 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ; y 1, ¢$,'4:1DUN jwP I {3 4�Li t IN THE MATTER OF THE APPLICATION OF TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, SOUTH OF FRANKLIN ROAD AND WEST OF MERIDIAN ROAD, THE APPLICATION FOR ANNEXATION AND ZONING FOR A PORTION OF THE NE'/< SECTION 13 T 3N, R 1W, MERIDIAN, IDAHO ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application to amend the Findings of Fact and Conclusions of Law issued by the City Council on the 20th day of August, 1996, having come on for public hearing on November 17, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having received the record of this matter before the Planning and Zoning Commission and having received the oral report of Planning and Zoning staff and the testimony of the representative of the Applicant, James Ballantyne, and the Council having duly considered the matter it does hereby make the following Findings of Fact and Conclusions of Law and Decision and Order: FINDINGS OF FACT 1. A notice of a public hearing on the application to amend was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 17, 1998, before the City Council, the first publication ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 31, 1998, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. The City Council finds good cause to adopt as its Findings of Fact and Conclusions of Law as recommended by the Planning and Zoning Commission, a copy of which is attached thereto marked Exhibit "A" and by this reference incorporated herein as if set forth at length. DECISION AND ORDER NOW THEREFORE, it is hereby Ordered and this Does Order that: 1. The City Council does hereby adopt as its Findings of Fact and Conclusions of Law as recommended by the Planning and Zoning Commission, a copy of which is attached thereto marked Exhibit "A" and by this reference incorporated herein as if set forth at length. 2. The Findings of Fact and Conclusions of Law No. 13 and 14 of the • • Findings of Fact and Conclusions of Law issued by the City Council on the 20th day of August, 1996, are hereby amended to read as follows, to -wit: The use and development of C -G zoned Block 1: Lots 2 and 4; Block 2: Lots 2-4, Lots 6-12, and Lots 14 and 15; Block 3: Lots 1-3 and Lots 5-7; Block 4: Lots 1-3; and Block 5: Lots 1-3, shall be in accordance with the allowed usage under the ordinance. The use and development of L -O zoned Block 1: 6-10 and Lots 12 and 13, which are adjacent to existing homes, will remain subject to the conditional use permit conditions as provided in the August 20, 1996, Findings of Fact and Conclusions of Law. 3. That the Development Agreement dated the 29th day of April, 1997, by and between the City of Meridian and the Applicant, Section 2 therein be amended in accordance with the amendment to the Findings of Fact and Conclusions of Law and that the City Attorney prepare such amendment to the agreement for signature by the parties. ..; By action of the City Council at its regular meeting held on November 17, kOBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Wo s Department. By: 1 Dated: City Clerk MOTION: APPROVED: 120498 -Final ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW DISAPPROVED: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF TROUTNER BUSINESS PARK ) DEVELOPMENT CORPORATION, SOUTH OF) FRANKLIN ROAD AND WEST OF MERIDIAN ) ROAD, THE APPLICATION FOR ) ANNEXATION AND ZONING FOR A ) PORTION OF THE NE'/. SECTION 13 T 3N, ) R 1W, MERIDIAN, IDAHO ) AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled application to amend having come on for public hearing on July 7, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said dates at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the application to amend was published for two (2) consecutive weeks prior to the said public hearings scheduled for July 7, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 1 having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the July 7, 1998 and August 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is South of Franklin Road and West of Meridian Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request to amend. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629 -Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (L -O) Limited Office District and (C - AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 2 G) General Retail and Service Commercial The zoning of the Limited Office District (L- O) and General Retail and Service Commercial (C -G) is defined within the City of Meridian Zoning and Development Ordinance, Sections 11-2-408B(7) & (11). 7. The City Council issued Findings of Fact and Conclusions of Law approved by the City Council on August 20, 1998, which Findings of Fact and Conclusions of Law are incorporated herein in full by this reference. 8. The City Council approved the Development Agreement on April 29, 1997, which Development Agreement is incorporated herein in full by this reference. 9. The City Council approved the Annexation and Zoning Ordinance on September 3, 1996, which Annexation and Zoning Ordinance is incorporated herein in full by this reference. 9. The proposed application requests an amendment to the Findings of Fact and Conclusions of Law as approved by the City Council on August 20, 1996, wherein the applicant was required to process any further uses or developments in the (L -O) and (C -G) zones by way of conditional use permit applications. The conditional use permit restrictions were subsequently adopted into the April 29, 1997, Troutner Business Park Development Agreement and Meridian City Ordinance No. 739. Specifically, the applicant requests amendment to allow the use and development of C -G zoned Block 1: Lots 2 and 4; Block 2: Lots 2 — 4, Lots 6 - 12, and Lots 14 and 15; Block 3: Lots 1 - 3 and Lots 5 — 7; Block 4: Lots 1 — 3; and Block 5: Lots 1 - 3, without processing conditional use permits. The use and development of L -O zoned Block 1: Lots 6 — 10 and Lots 12 and AMENDED FINDINGS OF FACT MID CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 3 13, which are adjacent to existing homes, will remain subject to the conditional use permit conditions as provided in the August 20, 1996, Findings of Fact and Conclusions of Law. 10. The testimony at the public hearings established that the particular characteristics of the subject property make the proposed amendment desirable. 11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted comments by and through testimony during the public hearings on this matter. Such comments are hereby incorporated herein. 12. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, and the Meridian Fire Department submitted comments which are also hereby incorporated herein. 13. The proposed amendment within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such uses will not change the essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 4 i 17. The uses proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter 1, Municipal Code of the City of Meridian. 3. When property is annexed and zoned, the City Council may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property (Section 11-2- 417(D), City of Meridian Zoning and Development Ord.). The City Council is authorized AMENDED FINDINGS.OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 5 to modify or terminate commitments (Section 11-2-417(D) & (E), City of Meridian Zoning and Development Ord.). 4. To occupy and use real property which is designated and zoned as Limited Office District (L -O) and General Retail and Service Commercial (C -G) within the City of Meridian requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application to amend to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-416K, City of Meridian Zoning and Development Ord.): a. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; b. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; C. Will not be hazardous or disturbing to existing or future neighboring uses; d. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; e. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 6 f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; g. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; h. Will not result in the destruction, loss or damage of a natural or scenic feature of importance; and i. The proposed amendment is in the best interest of the City of Meridian. 6. Prior to modifying a Finding of Fact and Conclusion of Law one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-416(E)2 City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-416(E)2, City of Meridian Zoning and Development Ordinance.) 8. Having made the afore stated Findings of Fact and Conclusions of Law, the AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 7 City of Meridian Planning and Zoning Commission hereby approves the proposed amendment set forth hereinabove with the following conditions: a. That the amendment to the conditional use permit restrictions as contained in the August 20, 1996 Findings of Fact and Conclusions of Law shall only extend to C -G zoned Block 1: Lots 2 and 4; Block. 2: Lots 2 — 4, Lots 6 — 12, and Lots 14 and 15; Block 3: Lots 1 — 3 and Lots 5 — 7; Block 4: Lots 1 — 3; and Block 5: Lots 1 - 3. b. Conditional Use Permit proceedings are still a requirement as to use and development of L -O zoned Block 1: Lots 6 — 10, and Lots 12 and 13. C. All unmodified conditions and restrictions as contained in the August 20, 1996, Findings of Fact and Conclusions of Law, Meridian City Ord. 739, and the April 29,12R7, Troutner Business Park Development Agreement shall remain effective and are incorporated herein. d. All comments and conditions set forth by Shari Stiles, the Meridian Planning and Zoning Administrator, the Meridian City Police, Meridian Fire District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the amendment application. 10. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested amendment set forth hereinabove be granted by the Meridian City Council to the applicant. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 8 E APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED _4 a COMMISSIONER SMITH VOTED 4"" COMMISSIONER DEWEERD VOTED — COMMISSIONER NELSON VOTED_ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they adopt and approve the proposed amendment to the August 20, 1996, Findings of Fact and Conclusions of Law, the April 29, 1997, Troutner Business Park Development Agreement and Meridian City Ordinance No. 739 as set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: DISAPPROVED: 101398 -Final /, /,q(w AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXLTION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 9 APPROVAL .OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this _LZ day ofGYe�•-� ti 1998 ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED�I. p� VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ��i� elL- MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: TROUTNER BUSINESS PARK AGENDA ITEM NUMBER: 5 REQUEST: AMEND CITY ORD., FINDINGS AND DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM 9/8/98 SEE 0 zn-po- sl,4�j ,(� i C, j Iry DI VES / I All Materials presented at public meetings shall become property of the City of Meridian. 16113 - 37 ,3 kD6-,b ")4 &16,� "LL m . W-� l FINAL PLAT OF TR 0 UTNER PARK SUBDIVISION �O A BUSINESS PARK SUBDIVISION LOCA A PORTION OF THE NORTHEAST 1/4 OF SECTION 13, T.3N., R.1 W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO 1997 NOTES UNPUATTED NW1/4NE1/4NE1/4 r ( r� N89 ST521Y ( N89'58.05v) 663.22' (663 r .2;•) -�--� �-__- --_-----_ �-- 10 _ _ 0--;4-314m-' -T_--•-200.00• soo.o i N 30.130. I +t S87S5'ta'E u I1 58755.1 a'E 300.28 D +1 to to O 1'� C C . 20000' u I Z Z Z LA 00 -/ 0 ,�1� o W: �I-4 r'� IN Z. 1� Np ��r•i = I. + 0.Av LAC ,N ; X K ;AC+o AN Z m SSTJJ N Jtl I 8 b 1 2 Ia -0� �Z �� ••'��J���" JJJ I J� �1 0 ' Apo 0 v m ;?J� y I; S8755'14'E 300.54 Hyl v Z Z Z :E m W to � a I:e v i0 a n N n C_ Je �, *O 1. _ O p Z. Z N 0 0 �� v �7 © - m I �" + N Z N � r �� QN' � �., p r rI TL bl {C-� Z go Ui ' Z A n n W p C- �J 7',) ~3'? N a i i O � rn, J01 ek S8755.14 -E 305-00" I ' y •?s• ` \ "G Jae Z. \y u no at ' 1 N <00 " 1 S zo $ 8 u ,, I N u NOV ab•� i fJ N8753*31W all 1 4 �' I O Lp4 (N8756' 06 -W) 71 9 128.88 305.00 r �! N (128.95) 1 Z N ti x� � •- SIN 7551'-�E• S © u � 0 y �0 ,� �•�.O _ N O 4 � y •� N ♦p = 1 $_ d N (•1 4 -78 o50 1 84" ' 10x.39"L t25.00• t80.03• 5 284.61. x59.53' _ - — Sag -55'14'E ar' 587 S5' t a E 332.21' _ - -- - -- - —• - — i' N - - — — W. PENNWOOD STREET 8 G t'O ��� ,1o.oi139.61* •; 58755'14"E 279.81• ;1% 1 _ d- Iz N { Z^ I'4 '� BLOCK NO.4 f ,�o.os�J 1U BLOCK NO. �1 �D ,��p � 160.ot. 3-0--1 ' --- 160At�-- -- 300.25' -�-��- N89'52'08 --- -E N89"5213'E)---_---- 790.29 (790.35•) PS1/2NW ' /4SE1%4NE1/4 I�u ' � ri BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) AMENDED OF TROUTNER BUSINESS PARK ) FINDINGS OF FACT AND DEVELOPMENT CORPORATION, SOUTH OF) CONCLUSIONS OF LAW AND FRANKLIN ROAD AND WEST OF MERIDIAN ) RECOMMENDATION�� ►ti (J� =�'r'Z i c�1.3 ROAD, THE APPLICATION FOR )COUNCIL EcEi�D ANNEXATION AND ZONING FOR A ) R PORTION OF THE NE'/. SECTION 13 T 3N, ) OCT 13 1998 R 1W, MERIDIAN, IDAHO ) CITY QF MERIDIAN G" The above entitled application to amend having come on for public hearing on July 7, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said dates at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the application to amend was published for two (2) consecutive weeks prior to the said public hearings scheduled for July 7, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - - Page 1 TROUTNER BUSINESS PARK IN LO & CG having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the July 7, 1998 and August 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is South of Franklin Road and West of Meridian Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request to amend. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629 -Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (L -O) Limited Office District and (C - AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - - Page 2 TROUTNER BUSINESS PARK IN LO & CG G) General Retail and Service Commercial. The zoning of the Limited Office District (L- O) and General Retail and Service Commercial (C -G) is defined within the City of Meridian Zoning and Development Ordinance, Sections 11-2-408B(7) & (11). 7. The City Council issued Findings of Fact and Conclusions of Law approved by the City Council on August 20, 1998, which Findings of Fact and Conclusions of Law are incorporated herein in full by this reference. 8. The City Council approved the Development Agreement on April 29, 1997, which Development Agreement is incorporated herein in full by this reference. 9. The City Council approved the Annexation and Zoning Ordinance on September 3, 1996, which Annexation and Zoning Ordinance is incorporated herein in full by this reference. 9. The proposed application requests an amendment to the Findings of Fact and Conclusions of Law as approved by the City Council on August 20, 1996, wherein the applicant was required to process any further uses or developments in the (L -O) and (C -G) zones by way of conditional use permit applications. The conditional use permit restrictions were subsequently adopted into the April 29, 1997, Troutner Business Park Development Agreement and Meridian City Ordinance No. 739. Specifically, the applicant requests amendment to allow the use and development of C -G zoned Block 1: Lots 2 and 4; Block 2: Lots 2 — 4, Lots 6 - 12, and Lots 14 and 15; Block 3: Lots 1 - 3 and Lots 5 — 7; Block 4: Lots 1 — 3; and Block 5: Lots 1 - 3, without processing conditional use permits. The use and development of L -O zoned Block 1: Lots 6 — 10 and Lots 12 and AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 3 13, which are adjacent to existing homes, will remain subject to the conditional use permit conditions as provided in the August 20, 1996, Findings of Fact and Conclusions of Law. 10. The testimony at the public hearings established that the particular characteristics of the subject property make the proposed amendment desirable. 11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted comments by and through testimony during the public hearings on this matter. Such comments are hereby incorporated herein. 12. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, and the Meridian Fire Department submitted comments which are also hereby incorporated herein. 13. The proposed amendment within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such uses will not change the essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. AMENDED 'FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 4 17. The uses proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act' except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. When property is annexed and zoned, the City Council may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property (Section 11-2- 417(D), City of Meridian Zoning and Development Ord.). The City Council is authorized AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 5 to modify or terminate commitments (Section 11-2-417(D) & (E), City of Meridian Zoning and Development Ord.). 4. To occupy and use real property which is designated and zoned as Limited Office District (L -O) and General Retail and Service Commercial (C -G) within the City of Meridian requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application to amend to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-416K, City of Meridian Zoning and Development Ord.): a. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; b. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; C. Will not be hazardous or disturbing to existing or future neighboring uses; d. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; e. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 6 f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; g. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; h. Will not result in the destruction, loss or damage of a natural or scenic feature of importance; and i. The proposed amendment is in the best interest of the City of Meridian. 6. Prior to modifying a Finding of Fact and Conclusion of Law one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-416(E)2 City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-416(E)2, City of Meridian Zoning and Development Ordinance.) 8. Having made the afore stated Findings of Fact and Conclusions of Law, the AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 7 City of Meridian Planning and Zoning Commission hereby approves the proposed amendment set forth hereinabove with the following conditions: a. That the amendment to the conditional use permit restrictions as contained in the August 20, 1996 Findings of Fact and Conclusions of Law shall only extend to C -G zoned Block 1: Lots 2 and 4; Block 2: Lots 2 — 4, Lots 6 — 12, and Lots 14 and 15; Block 3: Lots 1 — 3 and Lots 5 — 7; Block 4: Lots 1 — 3; and Block 5: Lots 1 - 3. b. Conditional Use Permit proceedings are still a requirement as to use and development of L -O zoned Block 1: Lots 6 — 10, and Lots 12 and 13. C. All unmodified conditions and restrictions as contained in the August 20, 1996, Findings of Fact and Conclusions of Law, Meridian City Ord. 739, and the April 29, 1997, Troutner Business Park Development Agreement shall remain effective and are incorporated herein. d. All comments and conditions set forth by Shari Stiles, the Meridian Planning and Zoning Administrator, the Meridian City Police, Meridian Fire District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the amendment application. 10. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested amendment set forth hereinabove be granted by the Meridian City Council to the applicant. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they adopt and approve the proposed amendment to the August 20, 1996, Findings of Fact and Conclusions of Law, the April 29, 1997, Troutner Business Park Development Agreement and Meridian City Ordinance No. 739 as set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: DISAPPROVED: 101398 -Final AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION AND ZONING - TROUTNER BUSINESS PARK IN LO & CG - Page 9 • MERIDIAN PLANNING AND ZONING MEETING: September 8 1998 APPLICANT: TROUTNER BUSINESS PARK DEV CORP ITEM NUMBER: 6 REQUEST: AMEND CITY ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED MINUTES 08/31/98 CITY ATTORNEY: SEE ATTACHED MEMO CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 43 Carrico: Do you have any idea when this will be.. Prior: That's what I was going to tell you, October 13 we'll do Findings of Fact, if they approve this thing, it will go before the next City Council meeting for them to con --no, no public hearing. Oh yes, I'm sorry, that's right, public hearing. I must be—one more public hearing. They will get an opportunity to express some comments and if they approve it, you're done. You're looking at another—maybe sometime in early November, realistically. Not real happy about that are you? Carrico: I'm just wanting to be real sure on it, actually. Now, can I do any number of daycare at all up to that point? Because up to six, I don't have to do anything at all do I? Prior: Actually you need an accessory use permit. You're in a residential neighborhood, you're going to need an accessory use permit. Five_ or fewer. Carrico: Okay. Prior: Is that it? I would rather not get into discussion with this if we can avoid it. It's getting late. MacCoy: Can we move on then? Okay. ITEM NO. 8: PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MacCoy: Is the applicant forward? Are you by yourself this evening? Pretty good, you've got a public hearing with no one here. MICHAEL J. BALLANTYNE, 2690 N. MILLDEER, MERIDIAN, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Ballantyne: Okay, lady and gentlemen. My name is Mike Ballantyne and I represent Troutner Business Park Corporation. We have a 40 acre business park, across from Haw products on the south side of Franklin Road. We last year, I believe it was, were approved, went through all approval and entitlement processes for a general commercial and limited office business park. One of those requirements was that we have a conditional use permit on all lots. We— this summer, was it this summer, maybe it was last fall, received a request from staff that conditional use permit be waived for a number of reasons, one was because initially, one of the reasons conditional use requirement was placed on the park was because the City Comprehensive Plan requires that all areas identified in the Comprehensive Plan is mixed use when they are annexed and MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 44 zoned have a conditional use permit placed on them, this property was not in that case. It was actually part of the existing urban designation of the Comprehensive Plan. The second reason was because our covenants which were reviewed and approved by the city were far more restrictive than any city ordinances. The third reason would be the precedence, if you've been in our park, you've seen the quality, the product that we're building in the park, the Keller and Olsen Building and the USDA Service Center Building. We're waiting patiently to submit plans for another building, brick construction, very nice Class A office building. So, Shari I think because of that felt fairly comfortable in the fact that this was initiated by staff. It was actually approved by City Council and then the City Council determined that City Council's attorney, City Council's Counsel determined that the City Council could not approve an amendment to the ordinance and change in Findings of Fact and Conclusions of Law and actually had to come to you, the Planning and Zoning Commission. So based on all those facts, I humbly request that the Planning and Zoning Commission direct the city attorney to draft Findings of Fact and Conclusions of Law, so that we can amend the ordinance and waive the conditional use requirement on only a portion of the lots, all the lots that are not zoned limited office and do not butt up against the residential areas to the west, that that requirement be waived. I would be glad to answer any questions. MacCoy: One moment, may I ask staff, is there anything else you want to add to that for our benefit? Stiles: No. MacCoy: Alright, up to the commission, what do you want to do? Nelson: I have a question for the City attorney. Since this is the first time I've been involved... is that what we have to do next is the Findings of Fact for this amendment. Prior: The memo that I sent forward was in response to a memo from Wayne Crookston. My feelings are, my initial inclination was that it wasn't necessary to go through all of this stuff. What we'll do is a very brief finding on this thing and pass it on to the City Council for their look and approval and move this on. I don't think it has to be anything elaborate or long winded. Which would be a change of pace for me. De Weerd: So we need to? Prior: Have him, make a motion to have the city attorney prepare findings and we'll go forward. Just make the motion. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 45 Ballantyne: We're really amending one small portion of the findings which relates to the conditional use requirement. It's waiving that requirement on a number of lots within the park. MacCoy: Let me ask the council here, since you are departing the area of the question that is present in our mind, can you get the thing done by September 8th meeting? Prior: If Shari wants to get it done, fine. She can slap it on my desk and I'll be happy to look at it. I don't think I'll be able to. MacCoy: Well, what about the replacing attorneys what about... Prior: I can ask them, I'll talk to them tomorrow. MacCoy: So we could get it done by September 8th? Prior: Quite possibly. Borup: Mike, is there a time factor here, is this holding up... Ballantyne: It is holding up a building, but we haven't submitted the building to the city, because the city can't review plans because of the conditional use requirement. (Inaudible) Borup: Appropriate to do, especially—is this the—I got this a long time ago and I thought it was referring to some different amendments. We never saw the memo. This is back from June. MacCoy: I don't understand this. Nelson: I remember seeing a memo. Borup: You do? Then I didn't get it with the other... I still didn't realize that it was related to the Troutner Park. This should've been our agenda in July. MacCoy: Yes, I realize that, I wasn't going to bring that up. Any questions from the commissioners to Mike here? Borup: No, (Inaudible) MacCoy: Commissioner De Weerd? De Weerd: No. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 46 MacCoy: Commissioner Nelson? Nelson: I have no questions. MacCoy: Okay, this is an open public hearing and, all formalities, is there anybody here who would like to make a comment? Ballantyne: I just might make a comment, normally I don't get before the commission or the council before 1:30, so I think my opponents are waiting until 1:30 to come. MacCoy: You may be fortunate. Ballantyne: This is wonderful, I can actually go to bed before ten o'clock. MacCoy: You've been here for awhile already this evening. Ballantyne: That's okay. MacCoy: Okay, I'm going to close the public hearing. Borup: Shari had a comment. She was waiving her hand. MacCoy: Were you waiving your hand, or saying you want to go home? Stiles: I just wanted to clarify Commissioner Borup may be thinking of the amendments to the city ordinance that we were talking about, the zoning ordinance. This request is to amend the ordinance that annexed that property and also the Findings of Fact and Conclusions of Law that were part of that annexation along with the development agreement. Borup: Is that ordinance 793? Nelson: No. Borup: Okay, I've got the wrong notes here, because I have got 793. That's fine, as long as either staff or the attorney knows what specific lots and blocks to mention and everything... MacCoy: ...that's what we're counting on. Borup: That's probably what counts. MacCoy: Anything else? I will close the public hearing and ask the commissioners, what is there desire? Thank you Mike. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 47 De Weerd: Mr. Chairman, I move that we have the city attorney prepare Findings of Fact and Conclusions of Law for this item and for the properties referred to in their map. Nelson: Second. MacCoy: Any discussion? None. All in favor? MOTION CARRIED: All ayes. MacCoy: Is there any other thing you want to tell me? Borup: I have at least one thing before we adjourn. I think all of you now are aware that this is our last day for—he's smiling—I don't know if he's happy. Prior: He is happy. Borup: For our attorney John Prior. I for one am going to miss him. I've enjoyed sitting here next to you. He's made the meetings interesting and... Prior: I'm going to cry. De Weerd: I would like to go on record too. (Inaudible) De Weerd: Well, no one had time, I don't think we knew. I would like to go on record too Mr. Chairman, as saying that he will be missed. Anyway, at most times. MacCoy: Commissioner Nelson, do you want to add anything else besides your past comment? Prior: Do you feel bad now Mark? Nelson: Not in the least. MacCoy: I agree with Keith, we've know John since he came here and we've enjoyed working with John and I'm sorry to see him go. I'd like to keep in touch with him, I think we all would. He's promised to do so, no matter where he goes. So thank you very much for your time John and your concern, your efforts and long hours you put in for us. We appreciate that. Prior: Well, at least I was getting paid for it. Memo To: Chairman Malcom MacCoy Commissioner Borup Commissioner Smith Commissioner DeWeerd Commissioner Nelson City Clerk's Office From: William F. Gigray, III City Attorney for Meridian Date: September 3, 1998 MERIDIAN CITY ATTORNEY OFFICE Re: Terra Townhouse Subdivision CUP, Tina Carrico CUP, Mel A. Lacy CUP, and Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement Gentlemen: To advise you of the above items and the Commissions request to have Findings prepared, it is our intention to work on these four projects at the same time for the Commissions consideration for the October 13"' meeting. Due to the fact Monday is a holiday and a shortened week, and along with other projects in process within the Legal, Department this estimated date is the most reasonable date we can provide you. We appreciate your patience in this matter. 0 Page 1 1 01,, MERIDIAN CITY COUNCIL MEETING: JULY 21, 1998 APPLICANT: TROUTNER BUSINESS PARK DEV. CORP. ITEM NUMBER: 5 REQUEST: AMEND CITY ORDINANCE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 7/7/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: NOT Done, CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Regular Meeting July 7, 1998 Page 12 ROLL CALL VOTE: Mr. Anderson — yea, Mr. Bentley — yea, Mr. Rountree — yea, Mr. Bird — yea. MOTION CARRIED: All yea. ITEM #7: ORDINANCE # -- ORDINANCE CHANGES WITH CROSS CONNECTION AND BACKFLOW DEVICES: Smith: Mr. Mayor, Council Members, I would request that you table this ordinance to the next council meeting. Bentley: So moved. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird to table this ordinance until July 21St. All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE„ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP.: Corrie: So at this time I'll open the public hearing and invite Mike to come up and address the council. Crookston: Would you state your name please. Ballantyne: Mike Ballantyne, 2690 North Mule Deer, Meridian, Idaho. MIKE BALLANTYNE WAS SWORN BY THE CITY ATTORNEY. Ballantyne: Mr. Mayor and members of the Council, the owners of Troutner Business Park would request that the City Council waive the conditional use requirement for Troutner Business Park with the exception of the lots that are zoned limited office that abut the residential to the west, we in meeting with staff have agreed that for the sake of protecting those residences we would agree to maintain the conditional use requirement there but with the rest of the project having the C -G zoning and the fact that we are not in the — we were not in mixed use designation when we were approved but we were rather existing urban and hopefully the fact that we have proven that we intend to build a quality project, based on those items we request that you would waive that Meridian City Council Regular Meeting July 7, 1998 Page 13 requirement and amend the Findings of Fact and Conclusions of Law and the Development Agreement between Troutner Business Park Development Corporation and the City. Corrie: Any questions of Council for Mike? Thank you Mike. Is there anyone from the public that would like to issue testimony in this? Crookston: Would you state your name and address please. Forrey: My name is Ben Forrey, 3045 Thane Place. BEN FORREY WAS SWORN BY THE CITY ATTORNEY. Forrey: Mayor Corrie, members of the Council, I'm here this evening on behalf of my family, we are developers of a business park here in Meridian and we support the Troutner Business Park and their request for amendment this evening. In our experience as business park developers we have seen first hand how businesses that want to locate in Meridian look at the Meridian City Zoning Ordinance and the way the ordinance is set up in the book that's available to the public it shows the particular zone in all the permitted uses to the left hand side and a real easy to find chart, it shows a "P" if its permitted and a "C" if its a conditional use. When the potential business approaches the business park developers such as Mr. Ballantyne, the Troutner Business Park, it says we'd like to develop and they say this is a permitted use and then the developer says well actually you have to go through a conditional use process. Quite often, and I've seen this first hand in our particular park that we're developing and many others, that particular business will choose to leave Meridian and explore different sites such as Boise, Garden City, Nampa, Caldwell, and this is a great loss to the community of Meridian to turn away a business. For this reason we urge you to approve the request by the Troutner Business Park, this allows Meridian to attract new businesses and strengthen the tax base and everyone wins when we allow businesses to come into the City of Meridian. Thank you. Corrie: Thank you. Is there anyone else who would like to address the Council in the public hearing? Council, at this point I'll close the public hearing and have feedback from the Council, questions, discussion. Rountree: Mr. Mayor, I believe that this request was partly if not totally due to Shari's involvement with this and I for one think its a good step in the right direction in terms of customer service to folks that are coming to Meridian and providing us a quality product, I appreciate Shari's effort and Mike as well. Corrie: You've done a good job Mike. Meridian City Council Regular Meeting July 7, 1998 Page 14 Bentley: I would concur with that, I think they've worked well together and they have a put a good project together. Corrie: Any further discussion? We'll proceed on those basis then Mike. Rountree: We need Findings and Facts. Corrie: Findings on this one so — Rountree: I move that we have Findings of Fact and Conclusions of Law prepared for item #8 request to amend city Ordinance Findings of Fact and Conclusions of Law and the Development Agreement for Troutner Business Park by Troutner Business Park Development Corp. Bentley: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bentley on the stated motion. Is there any further discussion? Hearing none. All those in favor say aye. MOTION CARRIED: All aye. ITEM #9: REQUEST FOR LATECOMERS AGREEMENT FOR MERIDIAN BUSINESS PARK AND INTERSTATE CENTER BY W. H. MOORE COMPANY: Corrie: Is there a representative from the company here tonight? I believe there's a letter here from W. H. Moore and a memo also from Gary on this. Smith: Yes sir. Mr. Mayor, Council Members, the memo that I sent over, if you have a copy of it in your packet its dated July 1st, I think that pretty well explains what their request is dealing with and its a typical extension of services that will provide service to others besides the developer in question and its an effort for them to recover some of their costs for that oversizing extension. Bird: Gary, don't we have a standard latecomers fee in line right now that we could take care of this with? Smith: We have a standard format for the latecomers agreement but that is just a — by ordinance the City Council has to approve that the City enter into an agreement with the developer and we will have to generate the figures for the actual fees which we can do. Thank you. Corrie: Any further discussion, questions? Hearing none, I'll entertain a motion. DEVELOPMENT AGREEMENT [TROUTNER BUSINESS PARK] THIS AGREEMENT, made and entered into this day of 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Troutner Business Park Development Corporation, an Idaho corporation, whose address is c/o James Ballan e, 10250 Whispering Cliffs Drive, Boise, Idaho 83704f WITNESSETH: 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, is attached hereto and by this described in Exhibit "A", lich reference incorporated herein as if set forth in full [DEVELOPER is the successor in interest of the prior owners, David Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others, most of whom are now shareholders of DEVELOPER herein]; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning 4t, of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and DEVELOPMENT AGREEMENT - 1 d/realest/troutdev.agr Lit 1 submitted an application for WHEREAS, the DEVELOPER has � 0 annexation and zoning and request-ad Z-Gning-Of cert C-G) and Limited Office (L General Reta$l and Service Commercial ( �1 in plat for said 10 Vic !0 ' 1� nr 1 i �--m ar* p) t' and has submitted a subdivision �-— property • s , and public S made some representations at the p WHEREAS, the DEVELOPER Zoning Commission as to hearing before the Meridian Planning and improvements would be how the land would be developed and what made; and the CITY has authority tO place conditions and WHEREAS, n or rezoning bf property; and restrictions upon annexation ts best interest to be AS DEVELOPER deems it to be in i WHEREAS, eS t at is enter into this a eme and now ag able an 'agreement was a ered into voluntarily and at i ging request; and as sole s1HERE S, the DEVELOPE th ougri pre ces ors), '\,- *HERE of s id l�nd, has ma a requ t to the TY to have the sam or r zoned, nd has su mitted O the ITY a annexed tosaidITY. anne ation y the erty has been pprOved for plat thereof. The pro p t d and TY and as part o the an exation o rezon the CITY dop CI Law; and, "L I approve' endings of and Conclusi s DEVELOPMENT AGREEMENT - 2 d/realest/troutdev.agr WHEREAS, the Findings of Fact and Conclusions of Law required reement; and that the DEVELOPER enter into a Development Ag s of Fact and WHEREAS, the CITY cil in the Findings of Lawjannexed one the �roperty subject to de - Conclusions Development annexation if the DEVELOPER did not enter into a Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLL(��^1S: s and assigns DEVELOPER agrees, and hereby binds its successor d to this agreement, in consideration for the annexation � a.s follows . 1. That the above recitals are contractual and binding �{nd �rrns�. ar e incorporated herein as if set forth full �s; l� c b''I t J Ccs 3c^ ,� ,-�� e�°^ r�%k ��� �rc�� �6�6.,�c� That �/,� ocezrolrs C- 2' shall the development of the be only for General Commercial (C -G) and Limited Office ial Planned Development (L-0) and developed as a Commerc and all applications to develop lots shall be processed under the Conditional Use Permit process for the CITY of Meridian. Development: That this development shall be in 3, Two Phase two phases. se I shall be the following lots: 3.1 Phase I: Pha DEVELOPMENT AGREEMENT - 3 d/realest/troutdev.agr Lots 1-12, Block 1 Lots 1-8, Block 2 Lots 1 & 2, Block 5 These lots in Phase I are depicted in Exhibit B-2 attached hereto. 3.2 Phase II: Phase II shall be the following lots: Lots 9-13, Block 2 Lots 1-3, Block 3 Lots 5-7, Block 3 Lots 1-3, Block 4 Lot 3, Block 5 These lots in Phase II are depicted in Exhibit B-1 attached hereto. [NOTE: Lot 4, Block 3, the pumping station lot in Phase II will be deeded to Nampa -Meridian Irrigation District as shown on he Plat.] 3.3 Development of Each Phase Separately: It is agreed that each Phase will be developed separately and the agreements contained in this Development agreement shall apply to each Phase. (For example, when this agreement calls for completion of roads or sewer, that means the roads and sewer for that Phase shall be DEVELOPMENT AGREEMENT - 4 d/realest/troutdev.agr L completed; or when this agreement calls for notification to Meridian of improvements to be completed, that notice shall include the Phase of this development in which the improvements will be completed.) Phase I shall be developed first. 4. No Pla Changes: The s all be no /ha ge to ' crease the numb r of lots s own i the f inail P at app o ed by the CITY Meridian which is inco orat d herin s if set f rth 'n full erein. (Thi plat i d icte Exhibits B-1 -2 attached hereto. 5. Subdivision Improvement Plans for Each Phase: DEVELOPER will, before construction commences, file au with the CITY Engineer, a complete set of P -j filed- "Im rovement Plans" for each Phase showing , all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within that Phase of the subdivision, which Plans and all improvements shown thereon for that Phase shall meet the approval of the CITY Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or DEVELOPMENT AGREEMENT - 5 d/realest/troutdev.agr that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. Installation of Infrastructure for Each Phase: DEVELOPER 6. will, at its own expense, for each Phase separately, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, cable TV lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas, and television lines as required for the development of each Phase. 7. Infrastructure Installation Standards: DEVELOPER will construct and install all such improvements in each Phase in strict accordance with the filed and approved plat and Subdivision 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, or as otherwise agreed between the DEVELOPER and the CITY if DEVELOPMENT AGREEMENT - 6 d/realest/troutdev.agr the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. Construction Schedule• Advance Notice to Meridian Engineer: DEVELOPER will provide the CITY Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements it 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. 9. Corrected Original Drawings: DEVELOPER will have "corrected" original drawings of the Subdivision 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 Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location of the various water, sewer, utility and pressurized irrigation lines, and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement DEVELOPMENT AGREEMENT - 7 d/realest/troutdev.agr 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 which were installed by the DEVELOPER and that the materials for and the installation of the same were all done in conformance with the applicable CITY Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. Notification of Completion: DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or any Phase of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements. 11. Completion of Improvements by CITY of Meridian• Notice• Hearing: DEVELOPER agrees, that 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, of any Phase 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 DEVELOPMENT AGREEMENT - 8 d/realest/troutdev.agr thereupon, within a reasonable time, 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 cost of such construction, 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 set forth in this paragraph except at a regular or special meeting of the CITY Council 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 merits of the proposed finding. 12. Developer Completion of Improvements; Hearing: 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 DEVELOPMENT AGREEMENT - 9 d/realest/troutdev.agr 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. 13. Meridian Remedy for Failure to Complete Installation: DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such DEVELOPMENT AGREEMENT - 10 d/realest/troutdev.agr declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. Security Interest to Meridian• Subordination to Lender, Release of Security Interest. 14.1 Security Interest: DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. 14.2 Release of Security: Upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein and/or release any other security posted under Section 14.4 below against all or any Phase or portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements DEVELOPMENT AGREEMENT - 11 d/realest/troutdev.agr that have been installed as compared to the total amount of improvements. 14.3 Subordination to Lender: The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14.4 Bonds and Other Security: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the DEVELOPMENT AGREEMENT - 12 d/realest/troutdev.agr installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. Late Comers Agreements: It is agreed that as part of this Development DEVELOPER will install a sewer line off _property of approximately 1,388 feet (from the entrance of the Development to the manhole cover on Taylor Avenue). DEVELOPER may also install a water line 533 feet from Meridian Road to the east edge of the Development. The cost of these installations shall be paid by DEVELOPER. However, since each of these off-site improvements can be used by the other land owners, it is agreed that the CITY of Meridian and DEVELOPER shall enter into a late comers agreement concerning these utility extensions usable by other parties. DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into this late comers agreement to reimburse DEVELOPER for a portion of the costs. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of DEVELOPMENT AGREEMENT - 13 d/realest/troutdev.agr that portion of the construction work which would apply to the late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. Certificates of Occupancy Conditional on Completion of Improvements: DEVELOPER agrees that no Certificates of Occupancy in a Phase will be issued until all improvements in that Phase are completed and no Certificates of Occupancy shall be issued in any Phase until the improvements have been installed, completed, and accepted by the CITY; provided, however, that this paragraph 16 shall not apply to the construction of the USDA building on Lot 3 Block 2, which building will probably be completed prior to the total completion of all other site improvements to Phase I. The construction of this USDA building shall be subject to Meridian approvals outside of this Development Agreement. 17. Special Conditions: DEVELOPER agrees to the following special conditions and development requirements: DEVELOPMENT AGREEMENT - 14 d/realest/troutdev.agr 17.1 Perimeter Fence: To construct permanent fencing as approved by the CITY of Meridian around the perimeter of each Phase of the development (except for the perimeter adjacent to Franklin Road, roadways, pedestrian easement areas, and Eight Mile Lateral crossings); provided, however, that between the lots separating Phase I (Exhibit B-2) from Phase II (Exhibit B-1) DEVELOPER, once construction begins, shall only have to install temporary orange construction fencing. The intent is that once both Phases are completed, a perimeter fence approved by the CITY of Meridian will exist around the perimeter of Troutner Business Park. 17.2 Eight Mile Lateral Fence: As each Phase is developed, DEVELOPER shall install six (61) foot chain link permanent fencing on both sides of Eight Mile Lateral except where roadways are located as shown on the approved Improvement Plans. 17.3 Hammerheads: DEVELOPER shall construct two hammerheads in Phase I next to Franklin Square Subdivision as depicted in the Plat on Exhibit B-2. These hammerheads are to be dedicated to ACHD. 17.4 Lot 10 Block 1 Pedestrian Easement: DEVELOPER shall construct with concrete and materials approved by DEVELOPMENT AGREEMENT - 15 d/realest/troutdev.agr the CITY of Meridian a 12' wide pedestrian/bicycle and emergency easement access way from S.W. 5th Street to Penwood Street on Lot 10 Block 1 in Phase I (depicted on Exhibit B-2), together with approved emergency bollards. 17.5 Ditches; Tiling: DEVELOPER agrees that except for Eight Mile Lateral, all other irrigation or drainage ditches (in each Phase as each Phase is developed) shall be tiled or piped. 17.6 Planting Strips W Franklin Road: DEVELOPER agrees to landscape and plant those thirty-five (351) foot Common Area Lots, Lot 1 Block 1 and Lot 1 Block 2 along W. Franklin Road. 17.7 Berm and Landscaping Thirty -Five (351) Foot Western Strip Adjacent to Franklin Square Subdivision: DEVELOPER agrees to landscape and berm that thirty-five (351) foot strip on the western edge of Lots 5-12 of Block 1 (except the area covered by the Hammerheads, the pedestrian/bicycle easement over Lot 10 Block 1, or the Eight Mile Lateral) which are adjacent to Franklin Square Subdivision. 17.8 Pressurized Irrigation: DEVELOPER agrees to install pressurized irrigation for each lot in each Phase together with all necessary pumping facilities. DEVELOPMENT AGREEMENT - 16 d/realest/troutdev.agr 17.9 Water and Sewer: Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each Phase of this development as each Phase is constructed and to serve each building lot in each Phase. 17.10 Streets, Curbs, Gutters: Construct streets, curbs and gutters to and within each phase of the development as each phase is constructed which meet CITY and ACHD requirements. 17.11. Right of Way Dedication: Dedicate all required public rights of way from the center line of adjoining public roads. 17.12. Meridian Fees: Pay any usual and customary development fees or transfer fees adopted by the CITY of Meridian. 17.13 Meridian Ordinances: Comply with all Meridian CITY ordinances. 17.14 Common Area Lots: DEVELOPER agrees to deed the Common Area Lots to the Troutner Business Park Association, Inc. set up in the CC&R's. These Common Area Lots are Lot 1 Block 1; Lot 1 Block 2; and Lot 10 Block 1 (pedestrian/bicycle easement). The CC&R's shall DEVELOPMENT AGREEMENT - 17 d/realest/troutdev.agr provide that these lots shall be maintained by the Association. 17.15 Storm Drainage: DEVELOPER agrees to provide storm drainage as approved by the Engineer for the CITY of Meridian. 17.16 Individual Lot Sidewalks and Landscaping: The sidewalks and landscaping on each individual lot shall be constructed by the individual lot owner at the time of that building's conditional use permit and construction pursuant to the CC&R's and Design Standards for Troutner Business Park. 18. Notices: That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: CITY Engineer CITY of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Troutner Business Park Development Corporation c/o James H. Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 COPY TO: James W. Kiser Attorney at Law PO Box 190718 Boise, Idaho 83719 DEVELOPMENT AGREEMENT - 18 d/realest/troutdev.agr 19. Recording Fees: That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. Run with the Land: All covenants ana conaizions -- forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. Approval by CITY of Meridian: This Agreement shall become valid and binding only upon its approval by the CITY Council and execution of the Mayor and CITY Clerk. 22. De -annexation: That DEVELOPER agrees to aAiae vy aii ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or its assigns or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: Troutner Business Park Development Corporation By DEVELOPMENT AGREEMENT - 19 d/realest/troutdev.agr James H. Ballantyne, President STATE OF IDAHO ) :ss. County of Ada ) CITY OF MERIDIAN By. By Robert D. Corrie, Mayor William G. Berg, Jr., CITY Clerk On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES H. BALLANTYNE, known, or proved to me, to be the President of Troutner Business Park Development Corporation and acknowledged to me that he executed the same on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) :ss. County of Ada ) Notary Public for Idaho Residing at• My Commission Expires:_ On this day of , 1997, 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. DEVELOPMENT AGREEMENT - 20 d/realest/troutdev.agr IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public Residing at:_ My Commission DEVELOPMENT AGREEMENT - 21 d/realest/troutdev.agr for Idaho Expires: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE' 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 5213" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE ORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE ORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE ORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE EST A DISTANCE OF 123.99 FEET; THENCE ORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE EST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. EXHIBIT "A" '/13N'/,3N'/,MN 03J1Y1dNn ,�p,�MTN J! 00'09 _ 3 . f R� L I� i d t' I O u 1! 19•~92 — — — M J1.99A9 — J� IL'tK L 10'OW 3 13'S ar ;—17�b'dii N �suoo� N e Drat G� �� 7,3N'/135'/,MNt/tS 0311Y7dNn V Y A o 11n n X-mC3 0 � Z _i SQDg �3 V1 W .,3 Z % �0 qqh a Z Q 0 W F M$ Zw, m a 0_n� Q Q U O W V) Apr, l'- Z of ri i ui FI� t _ I�� .>Sy�s.. —1 GggJ�gJpgJaqJ W V I W g G G 1r tRR�ld J Em N �0'0�� r majn 1A,WNIJN NCV fife. N ear w s = aarsys I L b W I � � 43.00 rt —i ]779'2[• W ]5.00 R _ \ I C • JJIM� N O u 1! 19•~92 — — — M J1.99A9 — J� IL'tK L 10'OW 3 13'S ar ;—17�b'dii N �suoo� N e Drat G� �� 7,3N'/135'/,MNt/tS 0311Y7dNn V Y A o 11n n X-mC3 0 � Z _i SQDg �3 V1 W .,3 Z % �0 qqh a Z Q 0 W F M$ Zw, m a 0_n� Q Q U O W V) Apr, l'- Z of ri i ui FI� t _ I�� .>Sy�s.. —1 GggJ�gJpgJaqJ W V I W g G G 1r tRR�ld J Em N �0'0�� r majn 1A,WNIJN NCV fife. N ear w s = aarsys BASIS OF BEARING 1N N 90'00'00" E 2657.31' F 51R�MENj P & 62 ao• 81Z Alir•� 12 W. FRANKUN ROAD 36270' b�F �NS�;MENt N� 751/16COR. 13 t/a T.M.S1 S7 966.41' awwW 8 sww S.1 518 3627D' BI! Li cg); t 11� leirjp $ a Y SSRVM�Nt F8g 343 FT z Fje 13--114-.30 � NO = a,ML99 FT U N P L A TIED ssvw aaoa R NW1/4 NE1/4 NE1/4 t\A ? O t t � � Y iR �•2p� „ O YNwomw ■DO:OL Q p X10, 4 Q� O ■OCK 1N0 i51 t 325.w FT —275.36 vrR (D t s © c 9 J2 2 {. 0 W O b (D 8 2s.S 82'55'14* t s. w WG t „ t t Og t � O n y! 1$ N t t_ si8f� =^S I qg S—� dP.4 soa.asi7w seaaro2 v 29s.00 fT 2a7.28R tag8'(($g8$$$$��¢85$�58�d8p8 c��:if O O „ 29s.o �ACKrM! t t^.ga^Psx9.�aRg JL t t •8S R zC • o� �+ t 277.21 j_ Y _$3FFF.. R'K'i ._ 41313 N 12a.00rr cnnaaac8a O to; a2'a : � rt N ae's�roar s i*iwi � w t 8 S V CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: 1(208) 888-4433 Fax: (208) 887-4813 MISCELLANEOUS APPt ICATIQ APPLICANT: Troutner Business Park Development Corp. Phone: 323-5531 ADDRESS: 10250 Whispering Cliffs OWNER: Troutner Business Park nP ADDRESS: 10250 Whispering Cliffs GENERAL LOCATION: Troutner Bus ., Boise, ID 83704 lopment Corp. ., Boise, ID 83704 Phone: 323-5531 ss Park. The Intersection of Franklin Road LEGAL DESCRIPTION OF PROPERTY: Ave . routner Park Subdivision, Meridian, ID DESCRIPTION AND/OR NATURE OF A PLICATION FOR PUBLIC HEARING:Request to amend the City ordinance,Findings o�f Fact and Conclusions of Law, and the I'll, Z17171711111111111 Development Agreement for Troutner BusinessFarto aliow eve opmen o some of the lots in the Park without requiring a on itiona Use Permit. PROOF OF QWm-ETvvHIE OR VALID OPTtc�N; A co of our property agreement must be attached. y P ply deed or option PRESENT ZONE CLASSIFICATION: Lo and CG, City of Meridian VICINITY SKETCH: A vicinity map and/ r site plan at a scale approved by the City showing Property lines, existing streets, easements, d such other items as the City may require (35 copies). SURROUNDING PROPERTY OWNERS: authentic tax records of Ada County) within within a 300' radius of the proposed vacati Fee: $200,00 +$//notice/property ow I hereby certify that the information contain, Post the property I week before each public A list of all property owners and addresses (from contiguous to, directly across the street from, and I must be attached. to receive notice + publication costs herein is true and correct. I also certify that I will iearine_ TURE: TROUTNER June 16, 1998 Mr. William Berg City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Troutner Business Park Application Dear Mr. Berg: Please find attached an application submitted by Troutner Business Park Development Corporation. We respectfully request the following actions by the City of Meridian. 1.) Amendment of the City Ordinance related to the annexation and zoning of the property now known as Troutner Business Park. 2.) Amendment of the Findings of Fact and Conclusions of Law approved by the City Council related to the annexation and zoning of the property now known as Troutner Business Park. 3.) Amendment of the Development Agreement between the City and Meridian and the Troutner Business Park Development Corporation. We request that the City of Meridian amend the above listed items to allow construction to occur on the following lots without requiring a Conditional Use Permit for each lot: Block 1: Lots 2 & 4 Block 2: Lots 2 - 4, Lots 6 - 12, & Lots 14 & 15 Block 3: Lots 1 - 3 & Lots 5 - 7 Block 4: Lots 1 - 3 Block 5: Lots 1 - 3 The following lots in Troutner Business Park would continue to require a conditional use permit: Block 1: Lots 6 - 10 & Lots 12 & 13 We are requesting this change on the request of the City of Meridian Planning and Zoning Director. We are grateful for her support of this application. I have attached a copy of the Troutner Business Park plan for your reference. Please note the area adjacent to the residential subdivision will not be affected by this change. Please do not hesitate to call me at 323-5531 if you have any questions or concerns related to this application. Respectfully Submitted,�� Michael J. Bal ntyne Troutner Business Park enclosure TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, INC. 10250 Whispering Cliffs Drive, Boise, Idaho 83704 Telephone: 208.375.1966 Facsimile: 208.375.1967 • N I� Z I I I I I I ------------------------------------- MERIDIAN ROAD 9 i___--____ I On I I I x © _• rn l I iTl b � y I O � D- I I� Z I I I I I I ------------------------------------- MERIDIAN ROAD 9 JUN -17-1998 12:31 GRANTOR: 2.- 2. 3. 4. 5. 6. GRANTEE: PIONEER TITLE UST SEP,UIC 208 373 3675 P.0624 4?' .7 01 00L f& ACI: C-:), R :CORDE.'. jI II Air AV. R') BOISEl QUI'1'C DEI�D/� ,j�u� ALL e 97 FEB 7 Pik � 3 Arthur. L. Troutner as his separate ES te: James H. Ballantyn , Jr., and Mary �r�x R. uESY OF husband and wire Paul H. Troutner and Ione M. Troutner, h=band and wife Paul H. Troutner and Ione M. Troutner, as Trustees of the TrIst of Paul and Ione Troutner J.B.J. Limited Par nership (which also apmears of record as J.B.J. Properties, an zdahn Limitea Partnership] David Nordling and Yoshie Nordling, husbamd and wife Troutner Business an Idaho corporat GRANTEE'S ADDRESS. 10250 For good and valuable cons .hereby acknowledged Grantor does forever quitclaim unto -Grantee t appurtenances and all easements County, State of Idaho, legally hereto. dark Development Corporation, d Ing Cliffs Dr., Boise, 3D 83704 eration the receipt of whish is ereby convoy, release, r-amise and i at real property, togedher with related thereto locata±d in Ada described on Exhibit A attached DATED This at day of OtITCLAIM DEED - I d/ rte l Kt/trartner. det 7 �•, 199. Arthur L. Troutner, as his separate Estate James H. Ballantyne, Jr. Mary Ballantyne JUN -17-1998 12:32 PIONEER TITLE IICUST SERVIC 208 373 3675 P.07i24 S'T'ATE OF 2DA110, ) ( ss. COUNTY OF ADA, ) on this J.1 day of '3 undersigned a Notary Public appeared Arthur L. Troutner, person whose name Is aubscr acknowledged to me that he w QUITCLAIM DEED -- 2 d/ralest/eroub-r.d" I i Paul H. sroutner Ione H. Troutner Paul S. sroutner, Trustee Ione H. �iroutner, Trustee J.B.%T. Limited Partnership by wa=d G. J6nk ns by Bill -Te O. Jerlklns GENERAL PARTNERS Davi-d DGardl nq To—r. a a Nordling I 199j, before me, the 3rl for said State, personally a or ide=tified to me to be the to the within instrument, and 4 the sale . JUN -17-1998 12:32 PIONEEP TITLE IN WITNESS WHEYOF, I haeme h off ficial seal the aay and ywar written. STK� I O, ). COUNTY OF ADA, ) On this day of undersigned a No Publ ic`3n apeared James H. Ballantyne, Zrr. wife, known or identified to ace subscribed to the within ins'tnu they executed the same. SEPUIC 208 373 3675 P.08/24 leunto set my hand and affixed my n. this icertificate first above i N NotarY Jublic for Idaho Residing in Boise, Idaho My co2omission Expires: 11-/22) 2400 1.996, before me; the' tnd for said State, personally and Mary Ballantyne, husband and i be the persons whose names are ,it, and acknowledged to me that IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and gear �in this certificate first above written. STATE OF ) ( ss. COUNTY OF } Notary Publ c for Idaho Residing in Boise, Idaho My commission Expires: i i On this day of ,!� 1 , 1996, before me, the undersigned a Notary Public i and for said State, personally. appeared Paul H. Troutner a1r2 I ne M. Troutner, husband and wife, known or identified to me to be the parsons whose names are subscribed to the within inatr ent, and acknowledged to me that they executed the same. QUITCLAIM DEED - 3 dotak utroutrAr.des JUN -17-1998 12:33 PIONEER TITLE 'fie land referred 10 In lift Commitment is described as A PARCEL OF LAND LYINIG WITHIN THE NORTHEAST 1 WEST, BOISE MERIDIAK ME `IDIAN CITY, ADA CO FOLLOWS. COMMENCING AT AN ALJJMINUM CAP MONUMENT SECTION 13; THENCE WEST ALONG THE NORiTi LINE OF SAID SECHON A DISTANCE OF 1328.80 REST TO A BRASS CAP MOLAL SAID SECTION 13; THEME CONTINUING; WEST ALONG SAID SECMON LINE; A DISTANCE OF THENCE SOUTH 00 DEGREE 08725" WEST A DISTANCE OF 61; NORTH 72 DEGREES 02' WEST A DISTANCE OF 3 SQUARE SUBDIVISION AS RECORDED IN BOOK 44 C SOUTH 00 DEGREE WSW WEST ALONG SAID EAST SOUTH 85 DEGREES 41W EAST A DISTANCE OF 14 NORTH 79 DEGREES SSW EAST A DISTANCE OF 5; NORTH 00 DEGREE 13'37' FASTA DISTANCE OF 142 NORTH 86 DRGREES 62:"13' EAST A DISTANCE OF NORTH 00 DEGREE 23'W EAST DISTANCE OF 3 NORTH a9 DEGREES 56W WEST A DISTANCE OF i NORTH 00 DEGREE I8Vr EAST A DISTANCE OF NORTH 89 DEGREES 59W WEST A DISTANCE OF NORtH 00 DEGREE 1331' EAST A DISTANCE OF 344, WEST A DISTANCE OF IZ3.88 FEET; THENCE NORTH 00 DEGREE 13'x" EWA DISTANCE OF.31 WEST A DISTANCE OF 2.98.73 FEETTO THE REAL P ECCEPTTHAT POR71ON LYING WITHIN FRANKLIN SERV IC 208 373 3675 EXHIBIT A 4/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE U TY, IDAHO, MORE PARTICULARLY DESCRIBED AS I ARKING THE NORTHEAST CORNER OF SAID ND THE CENTERLINE OF PMNKUN ROAD, A WRIQNG THE EAST 1/1 0TH CORNER OF i ;FLATS FEETTOTHE REAL POINT OF BEGINNING; ET; THENCE EET TO THE EAST BOUNDARY OF PRANKUN AT PAGES 6587 & 5588; THENCE OUNDAAYA DISTANCE OF 1383.48 FEET; THENCE ,41 FEET TO AN IRON PIN; THENCE 3.48 FEET; THENCE ,00 FEET; THENCE 0.35 FEET TO AN IRON PIN; THENCE .08 FEET TO AN IRON PIN; THENCE 113.90 FEET TO AN IRON PIN; THENCE ,29 FEET; THENCE 1321 FEET; THENCE .76 FEET, THENCE 10 FEET; THENCE INT OF BEGINNING. IAD RIGHT-OF-WAY. TOGErHMWMiALr.nSVOM.APPUF4VMTimTmpprcFEmT. ... P.09i24 JUN -17-1998 12:3 (MANTOR: I. 2. 3. 4. 5. 6. GRANTEE: 4 PIONEER TITLE OUST SERVIC 208 373 3675 P.10/24 cj-7o� oa,tg ADA ('-v. RECORDER QUITCLAIM DEED 53 R 7 �Ea 7 Pfd s Arthur' L. Troutner his separate Es CE . James H. Ballantyne, Jr., and Bary . Ba� ,3 RRPTN RC JF -5T OF ' husband and wire Paul H. Troutner and Ione M. Troutner, husband and Wife Paul H. Troutner anSone M. Troutner, as Trustees of the Truit of Paul and Ione Troutner J.B.J. Limited part ership [which also appears of record as J.B.J Properties, an Idaho Limited Partnership] David Nordling and jr0shie Nordling, husband and wife Troutner Business -P rk Development corporation, an Idaho aorporatio GF—ANTEE'S ADDRESS: 10250 Nhispari g U111;6 Dr., Eoise, ID 83104 F ood and valuable consideration the receipt of which is oz g hereby acknowledged Grantor does hi foi ever quitclaim unto 'Grantee th apvurtenances and all easements co=ty, State of Idaho, legally he+eto. DATED This 4-269tday of QUITCLAIM DEED -- 1 d/r=1*@t/ trmMw1r.dee convey, release, remise and t real .property,' together with elated thereto located in Ada cribed on Exhibit A attached 1991' Arthur L. Troutner, as--h-18- separate sh sseparate Estate �LTAMs 12, DS11eULI{ riVMf Ur Mary antyne JUN -17-1998 12:34 PICNEEP, TITLE �LzT SERVIC .'- 208 373 3675 P.11i24 IM WITNESS WHEREQP, I have her unto set my hand and affixed my official seal the. day and year irk this certificate - first above written. -Rotary c or Idaho Rssiding in Boise, Idaho My commission Expires: ; } STATS OF IDAHO, ) COUNTY OF ADA, L-2ff77 On this �" day of , 199T, before me, the undersigned a Notary Public In 4 for i said State, personally appeared James H. Ballantyne, nd Mary,' Ballantyne, husband and wife, known or identified to met be the;'persons whose names are subscribed to the within instrume t, and lacJcnowledged to me that they executed the same. IN WITNESS WHEREOF, I have he eunto set my band and affixed my official seal. the day and year ih this certificate first above written. -70 ;.. 40 Notary Plublic for Icc•�' kb a =' Residing in Boise, Z.a �7 • ;� My Commission Expizes C9 K � .-off., • STATE OF ) rj G t t ,4 COUNTY OF on this day of 1996, before me, the undersigned a Notary Publ in d fori said State, personally,, appeared Paul H. Troutner and Ion M. Troutner, husband and wife, known or identified to me to the persons whose names are subscribed to the within inst nt; and acknowledged.to me that they executed the same. i QUITCLAIM DEED 3 � d/r��Uat/erovenar.dee i a JUN -17-1998 1235 PIONEEP TITLE ,OUST SERVIC The land referred to hl this Commltmant Is desalted A PARCEL OF LAND LYING WITHIN THE NORTHI 1 WEST, BOISE MERIDIAN, MEQIDIAN CITY, ADA FOLLOWS:' COMMENCING AT AN ALUMINUM CAP MONUMENM SECTION t3; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION DISTANCE OF 1328.20 FEET TO A BRASS CAP MOS 8AID SECTION 13; THENCE CONTINUING wEST ALONG BALD SECTION UNE, A DISTANCE Ol THRICE SOUTH 00 DEGREE oW25' WEST A DISTANCE Of: 8 NORTH 72 DE=GREES 09'3S" WEST A DISTANCE OF SQUARE SUBDIVISION ASRECORDOK ED IN BO44 SOUTH 00 DEGREE OS'5W WEST ALONG SATO EAS' SOUTH 86 DEGREES 41'W EAST A DISTANCE: OF NORTH 79 DEGREES 55'00' EAST A DISTANCE OF NORTH 00 DEGREE 18'31" EAST A DISTANCE OF 1i NORTH as DEGREES 53'13' EAST A DISTANCE OF' NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 3� NORTH 89 DEGREES E36'08" WEST A DISTANCE NORTH 00 DEGREE 16'07" EAST A DISTANCE OF is NORTH 89 DEGREESte'05 WEST DISTANCE O NORTH to 06GREE 13'01' EAST A DISTANC9 OF WEST A DISTANCE OF 123.96 FELT: THENCE ... NORTH 00 DEGREE 1314V EAST A DISTANCE -OF WEST A DISTANCE OF 238.73 FEET TO THE REAL EXCIB'TTHAT PORTION LYING WITHIN 208 373 3675 P.12/24 EXHIBIT A Idicuvs: . 114 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE NTY, IDAHO, MORE PARTICULARLY DESCRIBED AS THE NORTHEAST CORNER OF SAID THE CENTERLINE OF FRANKLIN ROAD, A' NT MARKING THE EAST 1 /18TH CORNER OF 36270 FEET TO THE REAL POINT OF BEGINNING; )3.70 FEET: THENCE 818.95 FEET TO THE EAST BOUNDARY OF FRANKLIN OF PLATS AT PAGES 6887 & 5588; THENCE BOUNDARY A DISTANCE OF 1383.46 FEET; THENCE 41.41 FEET TO AN IRON PIN; THENCE 523.48 FEET; THENCE IZ.00 FEET; THENCE 190.36 FEET TO AN IRON PIN: THENCE 9.06 FEET TO AN IRON PTI; THENCE 128.VS FEET TO AN IRON PIN; THENCE 13.29 FEET; THENCE 883.21 FEET; THENCE 19.10 FEET, THENCE 13.10 FEET, THENCE , 'OINT OF BEGINNING. ROAD RIGHT OF -WAY. TOLE=iHER VWTH ALL FASM0M .APMRM0* TO V0 PRCPER Y. .. . . /1UN— n 7-1998 12:29 PICHEER TITLEI�UST SERVIC 208 373 3675 P. 01124 97010217 --- AD-" CO- RECORDER I DA EY IIAMUO AIM DEED AOISE ID 050 FEB 7 P1q 53 GRANTOR: 1. Arthur L. Troutner as big separate HEstate /�d� 2.' James . Ballantyne, Jr., and Mazy Balx husband and wife Br+v� VE 3. Paul H. Troutnei and Ione M. Troutner,lEhuSbandj117 a CUE57 OF and wife I 4. Paul A. Troutnet and Zone M. Troutner, as Trustees Of the iTrust of Paul and Vona Troutner 5. J.B.J. Limited partnership [which also appears Of record as J.1 .J. Properties, an Idaho Limited Partnership] 6. David Nordling nd Xoshie Nordling, husband and wife GRANTEE: Troutner Businels Park Development Corporation, an Idaho corpor ion GRANTEErS ADDRESS: 10250 Whis Bring cliffs Dr., Baise, ID 83704 For goad and valuable consideration the receipt of which is hereby acknowledged Grantor aced hereby convey, release, . remise .arid forever quitclaim unto Grantee that real property, tegQther with appurtenances and all easements related thereto located in Ada County, State of Idaho, legall� described on Exhibit A'attached hereto. DATED This Z. day of QUITCLAIM DEED - Wrsalsst/troutn*r.dee , 1991. i Arthur L. Trou er, ash s separate Estate James H. Ballantyne, Jr. Mary B—allantyne JUN -17-1998 12:29 r PIONEER TITLE SERVIC 208 373 3675 P.02i24 i .L Y!iff WA. A& VM b..t+_�J, - I Pau Tr0 ner Trustee IaW M. Troutner, Trustee i J.B.J. Limited Partnership by Edward a. Jenkins JOY B11 lye 0. Jenkins GENERAL PARTNERS David Nordl ng Yosh a Nordl ng STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of , 1996, before me, the undersigned a Notary Public in and dor said State, personally appeared Arthdr L. Troutner, knowsn or identified to me to be the person whose name is subscribed to the Within instrument, and acknowledged to me that he executed the. same. QUITCLAIM DEED -- 2 d/resltet/troutner.de* JUN -17-1998 12:30 PIONEER TITLE IN WITNESS WHEREOF, I have hi official seal the day and year written. STATE OF IDAHO, ) ( as. COUNTY OF ADA,' ) On this day of undersigned a Notary Public n appeared James H. Ballantyne, Jr. wife, known or identified to ane subscribed to the within ing they executed the same. IN WITNESS WHEREOF, I have k orf icial-seal the day and year written. SERV IC 208 373 3675 P.03i24 nto set my hand and aff ixed my this, certificate first above Notary Public for Idaho Residing in Boise,. Idaho My commission Expires: 1996, before me, the an for said state, personally and Mary Ballantyne, husband and o be the persons whose names are tru ant, and acknowledged to me that ereunto. set my hand and affixed my in this .certificate first • above Notary Public for Idaho Residing in Boise, Idaho My commission Expires: STATE OF a V ) ( as. COUNTY OF is ) On this o day of vn• , 199, before me, the undersigned a Notary Public � an for said State, personally appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to. the* within instztiment, and acknowledged to me that they executed the same. I QUITCLAIM DEED - 3 dfmalest/troutner.dee JUN -17-1998 12:30 PIONEER TITLE IN WITNESS WAIMEOF, I have 2 official seal the dity and year written. ♦ n ` Ar STILTS- QS t+��n+o ) +ofi 64 this S,* day of undersigned a Notary Public appeared Paul H. 'Troutner and ion. to me to be the persons whose ng instrument as Trustees and acknc the same as such.•Trustees. jNr NF'SS wHEREoi, I have h off3�aial eat. the. day and year i 1.l l' ' STATE OF IDAHO, ( se. COUNTY OF ADA, ) SERV IC 208 373 3675 P.04i24 ,"unto set my hand and affixed my n this; cart ificate first above 13ot8 Public for g7jZo4m Residing in 6opk my commission Expires: it1a1yry �• , 1991, before me, the and for said State, personally r M. Troutner, known or identified es are; subscribed to the within ledged Ito me that they executed areunto i et my hand and affixed Say in thio certificate first above Notary Zftlic for A k4 Residing in &411 My commission Expires. on this day of , 1995, before me, the undersigned a Notary Public and for said State, personally appeared Edward G. Jenkins d Billys o. Jenkins, known or identified to me to be the G eral Partners of J.B.J. Limited partnership, and who subscribed said limited partnership name to the foregoing instrument; and ac nowledged to me that they executed the same in said limited parte ship name. QUITCLAIM DEED -- 4 cVrcetest/troutmr.dN JUN -17-1998 12:31 PIONEER TITLE Ttla land tdenod to M itis Commll,rient Is described as A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1 WEST, BOISE MERIDIAN, MERJDIAN CITY. ADA COU FOLLOWS; COMMENCING AT AN ALUMINUM CAP MONUMENT A SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION Al DISTANCE OF i3n.20 FEET TO A BRASS CAP MONUI SAID SECTION 13; THEI`= CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 3 THENCE SOUTH 00 DEGREE 06'25" WEST A DISTANCE OF 613 NORTH 72 DEGREES uV3V WEST A DISTANCE OF 31 SQUARE SUBDMSION AS RECORDED IN BOOK 44 SOUTH 00 DEGREE WSW WEST ALONG SAID EAST SOUTH 85 DEGREES 41'00' EWA DISTANCE OF I NORTH 79 DEGREES 65'D0" EAST A DISTANCE OF 6 NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 1 I NORTH 89 DEGREES 52'13' EAST A DISTANCE OF 7 NORTH 00 DEGREE 23'12" EAST A DISTANCE_ OF 3 NORTH 89 DEGREES WOW WEST A DISTANCE OF 1 NORTH 00 DEGREE 1 Vor EAST' A DISTANCE OF NORTH 89 DEGREES 68'05" W"T A DISTANCE OF 6� NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 3 WEST A DISTANCE: OF i 23.90 FEET; THENCE NORTH 00 DEGREE 13'48' EASTA DISTANCE OF 310,, VVEST A DISTANCE OF 239.73 FEET TO THE REAL P EXCEPT' THAT PORTION LYING WfTHIN FRANKLIN SERVIC 208 373 3675 P.05i24 FX73IBIT A OF SECTION 113, TOWNSHIP 0 NORTH, RANGE , IDAHO, MORE PARTICULARLY DESCRIBED AS THE NORTHEAST CORNER OF SAID 40 THE CENTERLINE OF FRANKLIN ROAD, A WENT MARKING THE EAST i/18TH CORNER OF SZ.70 FEE{' TO THE REAL POINT OF BEGINNING; .70 FEET; THENCE 6.96 FEET TO THE FAST BOUNDARY OF FRANKLIN F PLATS AT PAGES 6587 & 5588; THENCE WARY A DISTANCE OF 1383.45 FEET, THENCE IO 7.41 FEET MAN IRON FIN; 'THENCE 3.48 FEET; THENCE OQ FEET; THENCE 3,35 PERT TO AN IRON PIN; THENCE 00 FEET TO AN IRON FIN; THENCE an FEET TQ AN IRON PIN; THENCE 29 FEET; THENCE 0.21 FEET; THENCE 76 FEET; THENCE 10 FEET; THENCE INT OF BEtiINNINO. IAD RIGHT-OF-WAY. TOGETHER wrm ALL EAsmmm.Appjzmmw I To THs PRQPE'm. - i JUN -17-1998 1237 GRANTOR: 1. 2. 3. 4. 5. 6. GRANTEE: PIONEER TITLE UST SERVIC 208 373 3675 P.17i24 97010221 RE00RGtp J. DAVIC, 1%,VAp' j I BOISE II QUITCLA DEED 97 Ff 8 7 P1I s4 Arthur ' L. 'Troutner s his separate Bstate 1-974 James H: Ballantyne ar. r and Mary .196tl3 M,ftt�YsjcEp husband and `rife t RECUSCED IT Tur. rE- FST OF ' Paul H. Troutner and Ione i. Troutner, husband and wife Paul H. Troutner a d Ione M. Troutner, as Trustees of the Tr st of Paul and Ione Troutner J.B.J. Limited Par nershi� (whiccb'also appears of record as J.B. Properties, an Idaho Limited Partnership] David Nordling and Yoshie.Nordiing, husband and wine Troutner. Business ark Development Corporation, an Idaho corporati n GRANTEErS ADDRESS., 10250 Whisper ng Cliffs Dr_, 8oifser ID 83704 For good and valuable consi hereby acknowledged Grantor does forever quitclaim unto Grantee t appurtenances and all ease�aents county, state of Xdaho, legally hereto. . DATED This _2!* day of QUITCLAIM GEED -- 1 d/rcrlest/troutn.r.dee erationl the receipt of which is ereby abnvey, release, rem].se and at real property, together with related thereto located in Ada described on Txhibit A attached 19.91. I ,Arthur L. Mroutner, ash s separate Estate James H. Ballantyne, Jr. Mary Ballantyne JUN -17-1998 12:3e STATE OF .IDAHO, CotwTY OF ADA, PIONEER TITLE UST SERVIC 208 373 3675 P.18/24 On this day of undexsigned aotary Public appeared Arthur L. Troutner, person whose name is subscr, acknowledged to me that be ex QUITCLAIM DEED - 2 d/rselest/troutrwe.dee Paul H. Trow ner Ione M. Troutner Paull H. Troutner, Trus ea - Zone M. Trou her, Trustee i UZ ..B.J. 4?ti.ted Partnership j ) GENERAL PARTNERS David ROFd1ifig. Yosh a NOrdl ng i ,, 1996, before me, the is for said State, personally i or identified to me to be the to the within instrument, and d the same. JUN -17-1998 12:3e PIONEER TITLE IN WITNESS WE OF, I have. official, oval the d• y and year writteri. . .. • STATE OF ( ss. COUNTY OF j an this day of undersigned aotary public appeared Paul H. Troutner and Ion to me to be the persons whose n; instrument as Trustees and acknc the same a$ such Trustees. IN WITNESS WHEREOF., I have r official seal the day and year written.•• AkQ04V M - STATE OF i0, P\RZ1(.o( ss. COUNTY OF Air I On this day of undersigned a Na ry Public appeared Edward G. Jenkins identified to me to be the Partnership, and who subsuri the, foregoing instrument, and the same in said limited vara QUITM AIM DEED - 4 d/roaLest/troutnsr.dee a GE SERVIC 2oe 373 3675 1 eunto tet my hand and affixed my : thiel certificate first .above Notary Public for Residing in . My Commission Expires: i 19 , before me, the :nd for said State, personally M. Troutner, known or identified as are subscribed to the within Ledged to me that they executed ereunto set my hand and affixed my in this certificate first above Notary Public for Residing in My commission Expires: 2L 199,fil4, before me, the and for said State, personally id aillye O. Jenkins, known or :eral Partners of J.B.J. Limited said limited partnership name to Mowledged to ne that' they executed ship name. P. 19/24 JUN -17-1998 12:39 PIONEER TITLE IN WITNESS WHEREOF, I have hE .official seal the day and year written. ; OFFICIALSEAL LAURA ROCKY U too pytft- SM" ofArt M j ARIOMACIOV" Y ASy Caau,�ta� Er�Ga i17� 1,1999 STATE OF { ss. COUN'T'Y OF ) on this day of undersigned a Notary Public 1 appeared David Nordling and Y, known or identified to me to subscribed to the within instr they executed the same. - IN WITNkss WHEREOF,. I have official seal the • day and . yea: written. QUITCLAIM DEED - 5 d/resle3t/troutmr.dee UST SERVIC 208 373 3675 P.20i24 I i. into stet my .hand and affixed my . this I certificaaJte fi�(rat+�\ above' •� _� \ 1 SII / �• ./ ll 1 Notary Fumic tar iom 11 lam My commission Expires: 19g6, before me, the and for said State, personally s ie Nordling, - husband and wife, a the persons whose names are m t, and acknowledged to me that i eunto ' set .my hand and of f ixed my in this certif icate --f irst' above Notary Ra-blic for Residing in My Commission Expires: 3 f. G A JUN -17-1998 12:39 PIONEER TITLE�UST SERIUIC 208 373 3675 P.21i24 j ;&xHl#f1.'s n i6W land retorted to In this CommItmonl Is described as I10110m: A PARCEL. OF LAND LYING WITHIN THE NORTHERS / WEST, BOISE MERIDIAN, MEF�IDIAN CITY ADA CO 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE NTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCING AT AN ALUMINUM CAP MONUMENT ARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH UNE OF SAID SECTION DISTANCE OF 1328.20 FEET TO A BRASS CAP MON ND THE CENTERLINE OF FRANKLIN ROAD, A . MENT MARKING THE EAST i /10TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DSOREE 08'25" WEST A DISTANCE OF 6 3.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF16.93 FIwET TO TH'F EAST BOUNDARY OF F1iANKUN AS RECORDED IN BOOK 44 F PLATS AT PAGES 6587 & 5588; THENCE . SQUARE SUBDIVISION SOUTH 00 DEpREE 0a'SA" WEST ALONG SAID EAS BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 47.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 65b0' EAST A DISTANCE OF NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 1 23.48 FEET; THENCE 7-00 PEET., THENCE NORTH 69 DEGREES 62' 13' EAST A DISTANCE OF NORTH 00 DEGREE 2x'12' EAST A DISTANCE OF 3 .35 FEET TO AN.IRON PIN; THENCE .08 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES S6'06" WEST A DISTANCE 0 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'074 EAST A DISTANCE OF 29 PEEP; THENCE NORTH 88 DEGREES 58'05" WEST A DISTANCE 01� 663.21 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 349.75 FEET; THENCE WEST A DISTANCE OF i23.99 FEET; THENCE NORTH 00 DEGREE 1340", EAST A.DISTANCI+ OF 13.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET' TO THE REAL OINT OF BEGINNING.' EXCLPTTHAT PORTION LYING WITHIN FRANKLI ROAD RIGHT-OF-WAY. TWHOGETHER H ALL EAS7Oi'�5_ . TO TH9 PXPEMY. -• - i I i JUN -17-1998 12:35 P I ONEEP, T I TLE ,GUST SEP.0 I C 208 373 3675 r'.11)./24 97010220 017 0(02 2-Z ADA CO. itL•C4RDER I DA'rtu ii.�+VI�Y�IZQ /"-POISE W DEED �J GRAP�TOR:.. I. Arthur 'L. Troutner as his separate Es B ��l 2 . James S. Ballantyne jr., and 'Mary Barin yn YhJ' husband and wife RjOr =I tr T11E r JEST OF 3. Paul H. Troutner an Ione M. Troutner, usban and wife 4. Paul H. Troutner ant Ione M. Troutner, as Trustees of'the Trust of Paul and Ione Troutner 5. J.B.J. Limited Par nership'Ewhich'also appears of record as LT. B. . properties, an Idaho Limited Partnership] 6. David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Dark Development Corporation, an Idaho corporation GRANTEV S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration' the receipt of which is hereby acknowledged Grantor does r forever quitclaim unto Grantee t1 appurtenances and all easements county, State of Idaho, legally hereto. DATED This _yW day of QUITCLAIM DEED 1 dlrsstsst/trautnsr.dee ,by convey; release, remise and t real property, together with related thereto located in Ada described on Exhibit A attached i r; Arthur L. Troutner, ash s separate Estate James H. Ballantyne, Jr. Mary Ballantyne JUN -17-1998 '12:36 PIONEER TITLE ST SEPVIC 208 373 3675 P.14i24 STATE OF IDAHO, j ( ss. COUNTY OF ADA, j On this day of undersigned a Notary Public appeared Arthur L. Troutner, person whose name is subser acknowledged to me that he•ex QUITCI.A= DEED — 2 dlrealeet/trautner.des Paul S. Troutner Ione M Troutner. r J.B.J. Limited Partnership by Edgard G. Jenkins by B llye o. Jenkins GENERAL PARTNERS David Nordling Y hie Nordling if 1996, before me, the nd for said State, personally i or identified to me to be the to the within instrument, and d the 'same,. JUN -17-1998 12:36 PIONEER TITLE UST SEROIC , i 208 373 3675 P.15/24 I I IN WITNESS WHEREOF, I have he $unto set my hand and affixed my official seal the day and year n this certificate first above written. I ' Notary Pu 1 c for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF -,_QX4-19V ) ( ss. COUNTY OF ) on this ee_� day of^+d , 3,9 , before me, the , undersigned a Notary Publ n for said state, personally appeared David Nordling and Yo hie Nordling, husband and wife',, known or identified to sue to be the persons whose names -are subscribed to the within i.nstru ant, and acknowledged to me'that they executed the same. IN WITNESS WHEREOF, -I have ereuntd set my. hand and a.ff ioced Doty'..7 official seal the day andyear in this 'certificate= first gve Written. '' t V Xr Notary Pu 1 c f r .► •.• f, y•- Resifting in My Commission Expires: QUITCLAIM DEED -• 5 dfrosless/troutner.dwe JUN -17-1998 12:37 PIONEER TITLE) UST SERVIC 268 373 3675 P.16i24 VXUIBIT A The land referred to In tills Cvmmliment Is described A PARCEL OF LAND LYING WITHIN THE NOATHI I WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA FOLLOWS: 'COMMENCING AT AN ALUMINUM CAP MONUMEN" SECTION 13; THENCE WEST ALONG THE NORTH UNI= OF SAID SECTION .DISTANCE OF 1328,20 FEET TO A 13RASS CAP MOP SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE O THENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF E NORTH 72 DEGREES 09'31V WEST A DISTANCE OF SQUARE SUBDIVISION AS RECORDED IN BOOK 44 SOUTH 00 DEGREE 08'68" WEST ALONG SAKI EAS SOUTH 65 DEGREES 41'00" EAST A DISTANCE OF NORTH 79 DEGREES 55'a0" EAST A DISTANCE OF NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 1. NORTH 89 DEGREES 52' 13" EAST A DISTANCE OF NORTH 00 DEGREE 23'12" EAST A DISTANCE OF NORTH 89 DEGREES Sfi'OB" WEST A DISTANCE 0 NORTH 09 DEGREE 18'07" EAST A DISTANCE OF I NORTH 69 DEGREES 58'05" WEST A DISTANCE O NORTH 00 DEGREE 13'31" EAST A DISTANCE OF WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 60 DEGREE 1348" EAST A DISTANCE or WEST A DISTANCE OF 238.73 DEET TO THE REA EXCEPT THAT PORTION LYING WITHIN TOGETHER WtM ALL EASIi'MMS [� follows: ji 114 OF SECTION 13, TOWNSHIP 3 NOETTH, RANGE IUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS MARKING THE NORTHEAST CORNER WSAID AND THE CENTERLINE OF FRANKLIN RFU, A UMENT MARKING THE EAST 1/isTH COMER OF I ' = 39270 FEET TO THE REAL POINT OF BE: -SINNING; 13.70 FEET; THENCE 818.95 FEET TO THE EAST BOUNDARY OF FRMKLIN OF PLATS AT PASSES $687 & $589; THEM- E r BOUNDARY A DISTANCE OF 13t33.46 FEE7i; THENCE 147.41 FEET TO AN IRON PIN; THENCE 523.48 FEET; THENCE 12.00 FEET; THENCE x90.35 FEET TO AN IRON PIN; THENCE zg,06 FEET TO AN IRON,PIN; THENCE 128.95 FEET TO AN IRON PIN; THENCE 53,29 FEET; THENCE 663.21 FEET; THENCE 19.%6 FEET; THENCE 13:10 FEET; THENCE pb1NT OP BEGINNING. ROAD RIGHT-OF-WAY, I To mi PROPE1 y. I w JUN -17-1998 12:40 PIONEER TITLE rUST SERUIC 208 373 3675 P.22i24 THIS DEED OF TRUST, Made thin betiteen Troutner Business Park 'D1 corporation, herein called GRA Whispering Cliffs Dr., Boise, ID Ada County, an Idaho corporation, 11 Arthur Troutner, as ni property (an undivided 2. dames H. Ballantyne, husband and wife (an :sECORUER AV S OISE In / .TRQ&T qFE8 7 Pn ZA day of ivelopment Carporat IV ITOR, whose address is 102ao 83704,IPioneer Title company of herein called TRUSTEE, and: sole Ind separate 47.93044%) i ., and Mary Ballantyne, divided 33.78360$) 3. David L. Nordling and yoshis Nordling, husband and, wife (an undivided 6.73098%) 4. Paul H. Troutner and Ione M. Troutner, husband and wife (an undivided 4.7033$) 5. J.B.J. Limited Partne Partnership (an.undiv herein called • BENEFICIARY. WIT irrevocably GRANT, SARGAIN, BE WITH POWER OF SALE, that props Idaho, legally described on incorporated herein as if set TOGETHER WITH the rents, is HOWEVER, to the right, poorer and conferred upon Beneficiary to co' and profits, for the purpos indebtedness evidenced by a prom. executed by Grantor in the sum Eleven Thousand Four Hundred ($1,711,472.00) final payment d payment of all such further.su advanced by tha Beneficiary here either of them, while record c purpose, and of any notes, draft such further loans, advances or on all such sums at the rate the that the making of such furthe shall be optional with the Benef it is the express intention of DEED OF TRUST — 1 d/reeteat/troutnerArs ship, an Idaho Limited led 6.854654) SSETH:. That Grantor does hereby AND C6MY To TRUSTEE IN TRUST, :y in the County of Ada, State of Exhibit, A attached bereto and rth in ;full. sues and profits thereof, SUBJSCT, authority hereinafter given to and .lent and apply such rents, issues, a of securing payment of the `ssory note, of even date herewith, >f one Million Seven Hundred Seventy -Two and no/loo Dollars to December 1, 2006, and to secure as as may hereafter. be loaned or in to the Grantor herein, or .any or wner of present interest for any : or other instruments representing expenditures together with interest rein provided. Provided, however, r loans, advances or expenditures ici.ary, and provided, further, that the parties to this Deed of Trust JUN -17-1998 12:40 PIONEER TITLE SERV IC 208 373 3675 P.23i24 that it shall stand tas continuing Lecurity until paid for all such' advances together with interest t erean- To' protect the security of this -Deed Ibf Trust, . Grantor agrees: By the execution of this Deed of Ttust and the Note hereby secured thatprovisions 1 to 5 in ].usive of Part A and provisions 1 to 9 inclusive of Part S of the Master Form Deed of Trust which was recorded December a, 1972, as Instrument No. 829115', Ada County, Idaho, Mortgage Records shall 'be and. they are .hereby incorporated and made an integral part hereof for all 'purposes as though set forth herein at length Request is hereby made thatla and a copy of any Notice of Sale h z at his address hereinbefore set f I by STATE OF • IDAHO, ) . ( SS. COUNTY OF ADA, ) of any Notice of Default er be mailed to the Grantor 10 Troutner Business Park Development Corporation, an Idaho corporation ItIS; On this day of se I, 199 , before me, the 'state erson811 undersigned otary p 7 and ar sai , p y 8pp w or identif led to me to be the of TO :nor business Park Development Corpo at on, Is borporation tha t executed the instrument or the person who executed the instrunie it on behalf of said corporation, and acknowledged to me that suchl corporation executed the same. YN WITNESS WHEREOF, I have 2 official seal the day and year written. DEED OF TRUST - 2 d/reatest/troutner.trs set my hand and affixed my t� certi f icate f it above r. c Or. X10 ' ,' ' ng in Boise, Idahc ' all immission Expires • JUN -17-1998 12:41 PIONEER TITLE The land referred to In tills Commthrnent Is described F A PARCEL OF LAND LYING WITHIN THE NORTHI 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA FOLLOWS: COMMENCING AT AN ALUMINUM CAP•MONUMENi sECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION, DISTANCE OF 1326.20 FEET TO A BRASS CAP MON SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF THENCE SOUTH 00 DEGREE 08'25' WIEST A DISTANCE OF 5 NORTH 72 DEGREES 09'35" WEST A DISTANCE OF SQUARE SUBR1111SION AS RECORDED IN BOOK 44 .SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAS" SOUTH 85 DEGREES 41'00' FAST A DISTANCE OF' NORTH 79 DEGREES 55'00" EAST A DISTANCE OF I NORTH 00 DEGREE JW31' EAST A p16TANCE OF 1A NORTH 69 DEGREES 52'13" EAST A DISTANCE OF NORTH 00 DEGREE 23'12' EAST A DISTANCE OF 3 NORT14 89 DEGREES 56'06' WEST DISTANCE 0 NORTH 00 DEGREE 18'07' EAST A DISTANCE of NORTH 89 DEGREES SVOW WEST A DISTANCE O NORTH W DEGREE 1331" EAST A DISTANCE OF 3 WEST A DISTANCE OF 123.98 FEET,- THENCE NORTH 00 DEGREE 13'46" FAST A DISTANCE OF WEST A DISTANCE OF 238.73 FEET TO THE REAL EXCEPTTHAT PORTION LYING WITHIN TOGETHER WITH ALL QTS SERUIC 208 373 3675 P.24i24 EX111131T n lvllows: 1/4 OF SECTION t3. TOWNSHIP 3 NORTH, RANGE NTY, IDAHO, MORE PARTICULARLY DESCRIBED AS ONG THE NORTHEAV CORNER OF SAID SND TFIE CliNTERLINE OF FRANKUN ROAD, A MENT MAhKING THE EASt t%iM CORNER OF 3G2.70 FEET TO THE REAL POINT OF BF-GINMNG; 3.T0 PEET (THENCE 16.96 FEET TO THE EAST 13OUNDARY OF FRANKLIN OF PLATS AT PAGES 5587 & 5566; THENCE r BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE 141.41 FEET TO AN IRON PIN; THENCE 523.48 PEEL; THENCE 12.00 FEET;'THENCE ►90.35 FEET To AN IRON PIN; THENCE 1.06 FEETTO AN IRON PIN; THENCE 129,95 FEET TO AN IRON PIN; THENCE x3,29 FEET; THENCE 683.21 FEET: THENCE 19.719 PEET: THENCE 13.10 FEET: THENCE. OIN!' OF 6EGINNINQ. ROAD RIGHT-OF-WAY. To Tim! RxPERTY. . . TOTAL P.24 PR Ri'DEC . 21. 199} 4;11 :03AP91UU3314567 AERCTECH INC December 20, 1999 To: Gary Buentgen Thornton Oliver Keller Re: Lot 2 Block 5 - Troutner Business Park, Meridian, Idaho Building construction ,and usage Gary: N0.478 P. 1/1.. 01/01 "1111111111111aa Aerotech, Inc. is a high tech manufacturing facility that utilizes state-of-the-art computerized equipment to manufacture products per our customers specifications, using all types of materials. Our machinery consists of computer numerical controlled Vertical Machining Centers and Lathes, This equipment performs the manufacturing process without causing any loud noises such as pounding or noises Which could be heard in the wry near surrounding areas. All of our machines use a biodegradable, synthetic, non-toxic coolant which Is disposed of through a company called Thermo -Fluids. Our cleaning solutions are Simple Green and Isopropyl Alcohol and nothing Is ever dumped. It is all accounted for and no materials or unsightly items will be stored outside the facility. Our customers are all high tech companies such as Micron TochnolaRy, SCP Global Technologies, Micron Electronics, Powerbar Mfg, and Whiteman Industries along with several others Inside and outside of Idaho. The building will be block construction and our architect has designed a very appealing plan which will conform to the City of Meridian and the CC & R's of Troutner Business Park. We are currently rated at the top of our field and hope we have an opportunity to help enhance the quality type of business that the City of Meridian would like to have in Its community. If you have any questions, please contact meat 331.1234. Sincerely, Post -it' Fax Note 767 A ch, Inc. Date f2 pages► [00/Pept. From Co.seph Heilkor ne # �-� Phone # 3 President rax # ,s Fax a 600 E. Qtcnion Gt. unit C. Boise. ID 8371rc 208/331-1234 208/331-4-567 4567 (fox) 18 March 1999 Joe Sanford Beniton Construction P. O. Box 838 Meridian, ID 83680 RwBry D RECEIT MAR 2 2 1999 MAR 2 2 1995 Ci -,,y of,s� ,t�iDlAN PT,.�:`�N G & Z� N--1 f!CITY TREASURER 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: Broken Line in Troutner Business Park Dear Mr. Sanford: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 An American Paving employee stated that the pressure irrigation line was installed in the wrong place, please contact Keller Associates and Owyhee Construction. If this does not resolve the problem, I will take it to the Meridian Planning & Zoning and have the Project shut down. Sincerely, Bili Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File Each Director Secretary -Treasurer Water Superintendent PUIS - Clinton City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 To: Mayor and City Council CC Shari Stiles Gary Smith Re: Agenda Item No. 6 City Council Meeting 11-17- From: Bill Gigray, City Attorney Date: 11-17-98 / Request to amend Findings of Fact and Conclusions of Law no. 13 and 14 of the City Council for annexation and zoning of the subject property. This request if granted will also require an amendment of the Development Agreement dated the 29 day of April, 1997. 1 0 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17 1998 APPLICANT: TROUTNER BUSINESS PARK DEVELOPMENT CORP. ITEM NUMBER: 6 REQUEST: AMEND CITY ORDINANCE FINDINGS & DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM P & Z All Materials presented at public meetings shall become property of the City of Meridian. 0-13-913 c cam- c d O'U lc`: r MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 10 Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other condition that is required by the Meridian City Council. MacCoy: All in favor? Borup: Second. MacCoy: All in favor? MOTION CARRIED: Two ayes, one nay, one abstain. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MacCoy: Commissioners? Borup: Mr. Chairman I move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. De Weerd: Second. MacCoy: This is a—alright then, you got one there? Okay, I'll use yours. (Inaudible) Okay, are you ready to go for roll call? ROLL CALL: Borup — yea, Smith — abstain, De Weerd — yea, Nelson — yea. MacCoy: Three yeas, one abstention, the vote carries, decision? Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they adopt and approve the proposed amendment to the August 20th 1996 Findings of Fact and Conclusions of Law, the April 29th 1997 Troutner Business Park Development Agreement and the Meridian City Ordinance number 739 is set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. MacCoy: All in favor? MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 11 De Weerd: I second that. MacCoy: All in favor? MOTION CARRIED: All ayes, one abstain. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A JOHNSON — 46 E. PINE: MacCoy: Commissioners? De Weerd: I do have a question of our city attorney. That would be we have a new report from ACHD and how can we incorporate that into the findings? Rossman: The ACHD report had not been provided at the time that the motion was made and approved, however, the Findings of Fact and Conclusions of Law have not been approved as of yet, and certainly an additional condition that the applicant comply with the requirements of the Ada County Highway District report can be made an additional condition by inner lineation on the Findings of Fact that you have before you. So basically what you do is just move to approve the Findings of Fact with the addition of an additional condition. Borup: Mr. Chairman, I believe the attorney did cover that item 9 paragraph A, I mean Item A under number 9 made reference that if the approval was obtained from Ada County Highway for the curb cut. Unless you are talking about other items in the ACHD report? De Weerd: No, that was the specific item. I'm pleased to see that they reconsidered that. Rossman: That item was covered within the Findings of Fact, if there are additional items in the ACHD report that you want may express the condition of the approval of the conditional use permit you can certainly do that. De Weerd: I have nothing further. MacCoy: Mr. Borup? Borup: I have nothing, glancing at the ACHD that was the only thing that I noticed that was in addition to their previous report. MacCoy: Commissioner Smith? Smith: Nothing. r MERIDIAN CITY COUNCIL MEETING: JULY 7, 1998 APPLICANT: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION ITEM NUMBER: 8 REQUEST: PUBLIC HEARING: AMEND CITY ORDINANCE FINDINGS AND DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS REVIEWED SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Mayor HUB OF TREASURE VALLEY ROBERT D. COME A Good Place to Live LEGAL DEPARTMENT nen it Members CITY OF MERIDIAN (203) 884-4264 CHARLES ROUNTREE PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON— rT,w��-$hone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD sJ -IIJ, DEPARTMENT J U N 19 1998 (208) 884-5533 C IF 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1998 TRANSMITTAL DATE: June 18, 1998 HEARING DATE: JuIV 7, 1998 REQUEST: AMEND CITY ORDINANCE, FINDINGS OF FACT AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION LOCATION OF PROPERTY OR PROJECT: INTERSECTION OF FRANKLIN & SW 5TH 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: �o ( q d3Ojkj_A-� Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Coro it Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 a•� 7-� ('_08) 887-'-'211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-lily ik61 CEi i� � PLANNING AND ZONING KEITH BIRD y i' lJ DEPARTMENT JUN 2 2 1998 (208) 884-5533 C',,i. "'7 MERI11IM TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1998 TRANSMITTAL DATE:June 18, 1998 HEARING DATE: July 7, 1998 REQUEST: AMEND CITY ORDINANCE, FINDINGS OF FACT AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION LOCATION OF PROPERTY OR PROJECT: INTERSECTION OF FRANKLIN & SW 5TH 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 RECLAMATIQN(YRELIM & FINAL) IDAHO TRANSPORTATMOEPARTMENT YOUR CONCISE REMARKS: Bq .P® ---:M . „ ,>Q / ���� j 1.|-o: /g N i ���' �!! , , !w� • ! ' / 2 BAL ANTYNE OFFICE BLDG k FRANKLIN ROAD a1ksH AVENUE Tam urO ■ & ! MERIDIAN,Sao § \ j� C+7 E�7 D a Y^ •m A f ? BALLANTYNE OFFICE BLDG. - Tamura W. FRANKLIN ROAD & S.W. 5TH AVENUE i & A soodes MERIDIAN IDAHO E 8`.— W. 883]02 208 313-2931 L vex Memo To: Mayor Robert D. Corrie Councilman Rountree Councilman Anderson Councilman Bird Councilman Bentley Planning and Zoning, Shari Stiles From: William F. Gigray, III Special Counsel Date: July 21, 1998 Re: Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement The above matter is in reference to the City Council action taken at the July 7, 1998, public hearing. Councilman Rountree moved to have Findings of Fact and Conclusions of Law prepared to amend city Ordinance Findings of Fact and Conclusions of Law, and the Development Agreement for Troutner Business Park by Troutner Business Park Development Corp. In response to this motion, special counsel is of the opinion that it would be inappropriate at this time to prepare Findings of Fact and Conclusions of Law. 0 Page 1 The basis of this opinion, is: the action requested by the Applicant requires an amendment to the Development Agreement at Section 2, Page 3; and amend to Ordinance #739 the annexation and zoning designated ordinance. Section 1, Page 3 and Section 2 subsection f, Page 4 thereof. The Application also requires a review for possible amendment of findings 10 through 16, of the Findings of Fact and Conclusions of Law, of the City's original findings which supported the passage of Ordinance #739. Therefore, the request of the Applicant involves modification/amendment of the Development Agreement and an amendment of the Zoning Ordinance. The City's Ordinance governing Development Agreements, is set forth in 11-2-416(L ), this Section does not delineate a specific procedure for amendment of Development Agreements. Development Agreements are governed under Idaho. Code, Section 67-6511A.. That statue requires that "... The governing board shall adopt rules governing the creation, form, recording, modification, enforcement and termination of commitments." That statute also provides, ". . . Unless modified or terminated by the governing board, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel." The statute then requires "... A commitment may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67- 6509, Idaho Code." It is my opinion that this matter must go before the Planning and Zoning Commission in accordance with the notice and hearing procedure as set forth in I.C. 67-6509. This statute clearly delineates a process of notice and hearing before Planning and Zoning, and also a notice and hearing before the governing board (City Council). I have reviewed the transcript of the City Council hearing held on July 7, 1998, and because this application is a quasi judicial matter, Findings of Fact and Conclusions of Law will be required. These Findings of Fact will have to address the merits of the application which Finding of Facts will be based upon evidence presented at the public hearing. 0 Page 2 1 The Applicant seeks to have removed a condition that requires conditional use approval before development on the lots referenced in Applicant's request. It appears that condition was placed originally upon the basis that there was no specific proposal for development upon each lot, and it appears that the Planning and Zoning Commission in Finding #10 of their Conclusions of Law had concern about the compliance of the proposed use of the property in compliance with the Comprehensive Plan. Planning and Zoning should focus attention on the application regarding its previous Findings of Fact, and evidence should be submitted by persons who support and/or protest the application. Evidence should be presented as to the merits of this application before the Planning and Zoning Commission so they can make appropriate Findings and Conclusions and recommendation to the City Council. • Page 3 MERIDIAN CITY COUNCIL MEETING: August 6.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 16 REQUEST: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: P & Z MINUTES FROM 7-9-96 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian Meridian Planning & Zoning Commission July 9, 1996 Page 20 and stuff, Mike Gamblin. Crookston: This is not his property? Longden: No this is not his property. I guess that is all I have to say. Johnson: Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Discussion or motion? The request for rezone would require findings of fact. Shearer: I move that we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: What that means is we will have the City Attorney prepare these findings of fact in accordance with our ordinances, in accordance with the testimony presented tonight and at that time a recommendation will be included which will be passed onto the City Council. We will handle that at our next meeting which is August 13, 1996. Following that it will go to the City Council meeting. Any questions on the procedure. ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Johnson: At this time I will open the public hearing and invite Mr. Ballantyne or his representative to address the Commission. This is a preliminary plat. Mike Ballantyne, 2690 N. Mule Deer Way, was swom by the City Attorney. Ballantyne: On August 8, 1995 we came before this Commission requesting an annexation and zoning for approximately 40 acres between Franklin Road and Meridian Road on the southwest comer. The City decided that was from R14 County to L -O and C- G. The City decided they wanted to see a plat, we then brought you a plat last Winter, you meaning the Planning and Zoning Commission approved that plat pending resokition of some entrance issues on the north end of the property related to Hoff Forest Products and their entrance. We then in the course of our application and in the course of our meetings and approvals through Ada County Highway District and the City of Meridian made Meridian Planning & Zoning Commission July 9, 1996 Page 21 changes to the plat. Those changes -Were caused by ACHD requirements, concerns of the neighbors and requests by the City of Meridian. We presented this revised plat to the City Council who decided that the plat should go back to Planning and Zoning because it was significantly enough different than the plat that you had approved that you should have a chance to see it again. So that is why we are here just to give you the quick run down. I have prepared for your reference photocopies of reductions of the old plat and new plat so that you can compare then and we can talk real quickly about the changes that were made so that you are aware of what has changed since you last approved the plat and then we would be glad to answer any.questions that you have. The green plat that I have given you was the original plat that you approved pending some resolution of that entrance up at the top of the plat at the north end of the plat. 1 will just go through these numbers that I have identified and show you the changes that we have made. The first change, number one, I do have enough of these by the way if anyone is interested, number one we shifted the Franklin entrance to match with Hoff Forest Products Driveway. This was done because of concerns of Hoff Forest Products and we discussed this at length I believe at the Commission meeting last winter. Number 2 which is down toward the bottom on the left side we terminated Pennwood rather than making it a through street. This was done because of concerns of the residents in Franklin Square about having commercial traffic in their subdivision and about the additional traffic that would be generated through Pennwood if Pennwood connects to Meridian Road. So that was terminated per neighbors request and per request of ACHD. Number 3 which is toward the center near the Eight Mile Lateral, we brought southwest 3rd through all the way to the north edge of the property there as far as southwest 3rd would go. That was done per request of Ada County Highway District and the property owner to the north, Larry Rackham. It made sense that when that property was developed that it would be able to, we didn't want that not to go through. Number 4, which near number 3 there, we left the lateral in place, the Eight Mile Lateral rather than relocating it. This was done for a number of reasons, one being the cost of relocating the lateral, the second being concerns raised by neighbors, people in Hope Arms were concerned about a ditch being adjacent to their back fence and a lot of small children live at Hope Arms. The neighbors to the north were concerned about the change in water table, many of them are still on septic tanks. And Nampa Meridian and the property owner was concerned about the way the water would flow through that new lateral when you do 90 degree angles, you get a lot of hammering. If any of you have ever farmed you know that tends to erode and can be a mess. Lastly there was some concern that the old Eight Mile Lateral would still continue to draw water and would cause some drainage problems in the center of the property. Item 5, we replaced Fulmer Avenue with Pennwood Street, We moved Fulmer down to the south edge of the property and renamed it Pennwood as was logical. This was just a more logical layout because the lateral not being relocated it made a lot more sense especially if we eventually use that 50 foot easement through Norm Fuller's property. Number 6, we added there at the top Lot 1, Block 1 and Lot 1, Block 2. That is per City staff request that a 35 landscape buffer be a Meridian Planning & Zoning Commission July 9, 1996 Page 22 common area, not be maintained by the property owners on Franklin but be maintained by the subdivision association. Number 7, we added where Pennwood used to go through we added Lot 10 of Block 1, that was done to handle the bringing of utilities from Pennwood Street over to SW 5th. We wanted to make sure that the City staff and utility companies were able to access that. That will be a utility easement it will be maintained by the neighborhood association. It will not be maintained by the City it will be a common area. Number 8 there on the east edge of the property we moved the easement that Norm Fuller had given us. We moved that slightly to the north to accommodate a request by Norm Fuller. Number 9, because of all of the changes that I just mentioned that caused a change in our lot and block layout. And so we are now numbered differently. Number 10 we added a lot, it is not actually where I show nuimber 10 it is over on the east side of SW 3rd on your new plat. We added a small lot per request by Nampa Meridian Irrigation District that the control area that they control the pressurized irrigation, the pumphouse whatever they end up building there be deeded to them. That ground be a separate lot and block that they can have unlimited access to rather than having to get an easement. So those are the changes to the plat. So we bring this plat back before you with these changes and request that you approve the changes and the new plat so we can continue to move ahead. Johnson: Could you reiterate number 10? Ballantyne: Item 10, on the plat it is a tiny lot, your reduction it is very hard to see, but there is a tiny lot, Lot 4 of Block 3 which will be deeded to Nampa Meridian for them to, there is a 4 with an arrow on the east side of SW 3rd. That will allow them unlimited access to the control area where the pump house for the pressurized irrigation and we wanted to accommodate them there. Johnson: Thank you, any questions? Oslund: Block 1, Lot 10 the utility access there did that also serve to provide some pedestrian access between Pennwood Street and SW 5th? Ballantyne: Initially Ada County Highway District indicated that they didn't want any access even pedestrian access between the business park and the residential use. The City staff has indicated that they would like to have pedestrian access it seems logical that there may be some employees of different businesses there. We are not opposed to that being an access we will maintain that area and we are not opposed to making that a pedestrian access. Johnson: Any other questions from the Commissioners, Counsel? Thank you Mr. Ballantyne. This is a public hearing, is there anyone else that would like to address the Meridian Planning & Zoning Commission July 9, 1996 Page 23 Commission -at this time? Any comments from staff? I will close the public hearing then. This is a preliminary plat request, no findings, recommendation? Shearer: I move we recommend approval of the preliminary plat. MacCoy: Second Johnson: Moved and seconded we recommend to the City Council approval of the preliminary plat as presented this evening, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Do you have this letter, you may have this copy. Entertain a motion. Shearer: I move we adjourn. Oslund: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:03 P.M. (TAPE ON FILE FOR THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK S WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor To: Planning & Zoning Commission, Mayor & Council From: Bruce F'eckleton, Assistant to City Engineer jW Shari P&Z Administrator Re: TROUTNER BUSINESS PARK (Preliminary Plat - By James H. Ballantyne & Partners) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY July 3, 1996 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. 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 need to be called out on the Preliminary Plat. Several ditches are shown on the plat, but what will be done with them is not shown. 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 prior to development plan approval. A variance application will need to be submitted and approved to leave the Eight Mile Lateral open. 2. 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. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 -foot -wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. C:\OFFICE\WPWIN\WPDOCSWALLANT2. P&Z P&Z Commission, Mayor & Council July 3, 1996 Page 2 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Supply and distribution mains will be addressed pending the results of the analysis. 7. Sewer service to this development is contingent upon positive results from computer model analysis. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Street signs are to be in place, water system shall be approved and activated, and road base to be approved by the Ada County Highway District prior to any building permits being issued. 9. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 10. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 11. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 12. The face of the plat needs to be stamped and signed by the person preparing the plat. 13. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the scheduled hearing. SITE SPECIFIC COMMENTS 1. The annexation and zoning request for this property showed L -O zoning south of the Eight Mile Lateral and west of the 1/4 Section line, and the remainder C -G. Lots should not be split by separate zoning classifications. The current plat application indicates that only Lots 5-12, Block 1, are to be zoned L -O. 2. Show and call out connection to existing sanitary sewer and water lines in Franklin Road, Pennwood Street, and Meridian Road. C:\OFFICE\WPWUAWPDOC MULLANf2.PRZ P&Z Commission, Mayor & Council July 3, 1996 Page 3 3. Sanitary sewer service to Lots 1-4, Block 1, is not available at this time. Service for these lots shall be via an extension of the line in Taylor Subdivision. Sewer service for the remaining lots is proposed through Franklin Estates Subdivision. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main- sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. The sewer line needs to be extended as far east as possible through the Fuller 50' access easement, as this road will be built. 3. Water service to this site could be via existing mains in Franklin Road, Meridian Road and Pennwood Street, with future connection to the Corporate Drive Extension. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. The water line in S.W. Fifth Street will need to be extended across the Eight Mile Lateral in order to have an interconnection. 4. The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Lateral. 5. Lots 1-4, Block 2, are not shown as being served with pressurized irrigation. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation/drainage district. 7. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Provide 50 -foot radius paved temporary turnarounds at all proposed stub streets more than one lot in depth. Permanent turnarounds will be required to be constructed to Ada County Highway District standards at the termini of Barrett Street and Pennwood Street. C:\OFFICE\ W PW IN\W PDOCSIBALLANT2. P&Z P&Z Commission, Mayor & Council July 3, 1996 Page 4 9. The previous submittal reviewed by P&Z showed Pennwood Street being extended into this development; this has now been turned into a hammerhead. Vehicles from the adjacent neighborhood will have to utilize Franklin Road to access any of the offices/businesses in this development. At minimum, a pedestrian walkway should be designed and incorporated at either Barrett Street or Pennwood Street. 10. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. 11. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. 12. Pressurized irrigation system is shown within the Nampa -Meridian Irrigation District easement. Please submit an executed license agreement with Nampa -Meridian Irrigation District for encroachment/roadway crossings prior to approval of development plans. 13. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 14. All uses proposed for this plat are to be approved under the conditional use permit process for a planned development. The USDA Building proposed for Lot 3, Block 2, is being presented to P&Z and Council for approval in conjunction with the preliminary plat and annexation. As Council has already conceptually approved this building through Ada County's process, a separate conditional use permit should not be required. 15. Cul-de-sac length for S.W. Third Street exceeds the City's Ordinance by 400 feet. A variance application will need to be submitted and approved for the plat to remain in this configuration. 16. Provide detailed landscaping plans for 35' landscape setback/lots for approval prior to signature on the final plat. C:\OFFICE\W PWIN\WPDOCS\BALLANM.P @Z WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments andrecommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: _July 2.1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Preliminary plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road W of Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT XPOLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGNTION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS UM & FINAL PLAT) BUREAU OF REC (PRELIM & FINAL LAT) CITY FILES OTHER: YOUR CONCISE RE RKS: CITY ENGINEER CITY PLANNER RECCE tf CITY OF MERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 88741913 Public Works/Building Delimment (208) 887-2211 Motor Vehicle/Drivers License (208) 88844443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and. recommendation to Meridian City Hall, Attn: Will Berg, City Cleric by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 719/96 REQUEST: Preliminary plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road W of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z GREG OSLUND, P/Z ADA COUNTY HIGHWAY DISTRICT�v�, ADA PLANNING ASSOCIATION TIM HEPPER, P/Z BOB CORRIE, MAYOR CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM WALT MORROW, C/C & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES OTHER: (9 FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER %2►K.nnri4,rU 7..x2n� Shp Ow fk e, CITY PLANNER PI.A#vS w: LL A,t e .<,,.S C,C,�R..-- Ayfj S. t4j . 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MpQG NppO�WppG �pO �pgGO QpAp�.bOp.�Ap p 8 8J pO�pA� 0 f OOJJ JJO\O. O. O�tANtw twAAAA WWWW A NNNN�� 8 LAQ to I [x ] aim T 25080080250807508025 0&A 8&0 $o2508 � �f i € 2 GI&C-C JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary City of Meridian 33 East Idaho Boise, Idaho 83642 Re: Ballantyne-Troutner Business Park June 25, 1996 Franklin Rd and Meridian Rd On May 2, 1996, Ada County Highway District Commission acted on Ballantyne-Troutner Center Park for this site. The conditions and requirements also apply to Ballantyne-Troutner Business Par11kc ED) . If you have any questions please feel free to call me at 345-7662. Sincerely, 44 q��— Mark L. Butler Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 GGUo JAMES E. BRUCE, President SHERRY R. HUBER, Vice -President SUSAN S. EASTLAKE, Secretary May 2, 1996 TO: James Ballantyne 10250 Whispering Cliffs Boise, ID 83704 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: Preliminary Plat-Ballantyne-Troutner Center Park Franklin Rd and Meridian Rd On May 1, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are reo: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th .Boise, Idaho 83714-6499 • Phone (208) 345-7680 May 2, 1996 Page 2 3.. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Wayne Forrey Dobie Engineering City of Meridian ADA COUNTY HIGHWAY DIS i RICT Development Services Division Development Application Report Preliminary Plat - Ballantyne-Troutner Business Park Franklin Rd west of Meridian Road MPP -2-96-, Meridian Ballantyne-Troutner Business Park is a 39 -lot commercial/office subdivision on 38 -acres. The site is located on the south side of Franklin Road approximately 1/4 -mile west of Meridian Road. This development is estimated to generate 5,900 additional vehicle trips per day (depending upon the final land uses) based on the Institute of Transportation Engineers Trip Generation manual. The Commission approved this project on April 3, 1996. The applicant submitted a revised access plan and the Commission voted to reconsider the issue during the April 10, 1996 Commission meeting. This staff report includes the revised access plan and new project requirements. Roads impacted by this development: Franklin Road Meridian Road ACHD Commission Date - May 1, 1996 - 12:00 p.m. FIGURE C BALLAN TYNE- ;ROUTNER BUSINESS PARK ,.,�.� 1�0 C.J,,.�,a4My SITE -GENERATED TRAFFIC No�E- TT l WITH PENW00D ST. EXTENSION p K 5 (rearw___— *OFF UJUM COWArr 1 N FRANKLIN ROAD J� X ,I c Q 0 z a 0 Li CM AVENUE --------------- `----------- C�QA1E DINE EXRN90M CCII�ORAIE DRIVE -0AOT=w =vERAGE :ALLY AFr:C Traffic Study Prepared By: DOBEENGINEERING,!"IC. I � 777 Hewostome vr. Facts and Findings: A. General Information C -G, L -O - Existing zoning 38 - Acres 39 - Proposed building lots 0 - Square feet of existing building 3,500 - Total lineal feet of proposed public streets (approx) 280 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Minor arterial with no pathway designation Traffic count 10,242 in 1990 238 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. C. On July 6, 1994, the Commission acted on a request fcr a conditional use approval to construct and operate a 38 -acre mobile home park on this site. That application was not approved by the City of Meridian. On August 2, 1995, the Commission reviewed an annexation with rezone from R14 & RT to C -G & L -O (MA -1-95) to allow office and general commercial development on the site previously considered for a mobile home park. D. A traffic study has been submitted with this application. Staff has incorporated portions of the traffic study in this report. E. Access to the development is proposed by street connections to Franklin Road, Meridian Road and the future extension of Corporate Drive. The site has a 50 -foot wide by 533 -foot easement to Meridian Road located approximately 210 -feet south of Gem Street. The site BALL.ANTY. Page 1 does not have any actual frontage on Meridian Road. A stree. proposed on this easement between Meridian Road and SW 3rd Street. Staff and the applicant agree that this stub street will not be needed once the internal street connection to Corporate Drive is completed. F. Two stub streets extend to the site's west boundary from Franklin Square Subdivision. The applicant proposes construct a hammer -head turnaround at the northern stub. Barrett Street and the southern stub, Pennwood Street. G. Two stub streets are proposed to the south boundary of the site and may intersect with an extension of Corporate Drive in the future. Corporate Drive extended west of Meridian Road was recently approved for inclusion in the Capitol Improvement Plan (CIP) by the Commission; however, it is not yet listed in the District's Five Year Work Program. H. The north -south internal street that connects to Franklin Road (SW 5th Street) is proposed with a 60 -foot right-of-way. The proposed street has been modified to intersect Franklin Road across from the main driveway to the Hoff Forest Products on the north side of Franklin Road. The submitted traffic study did not include a warrant analysis for a traffic signal at Franklin Road and SW 5th Street. The forecast traffic volumes are low enough that a traffic signal is not anticipated. I. The applicant has proposed an extension of SW 3rd Street north from Fulmer Avenue to the northern property line. Staff intends to extend SW 3rd Street north to Franklin Road when the adjacent parcel is redeveloped. J. The remaining internal streets are proposed to have right-of-way widths of 50 -feet. The District's standard right-of-way width for commercial streets is 58 -feet wide to accommodate a 41 -foot street section with 5 -foot wide sidewalks. Staff recommends that all streets within this development be constructed to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. K. The parcel has 238 -feet of frontage on Franklin Road. SW 5th Street is proposed to intersect Franklin Road across from the main driveway to Hoff Forest Products. The centerline of SW 5th is proposed to be 5 -feet east of the centerline of the existing 50 -foot wide driveway to Hoff Forest Products. The Hoff development is estimated to generate 625 vehicle trips per day. Staff recommends that SW 5th Street be incorporated into the reconstruction of Franklin Road, currently scheduled in 1998. L. Franklin Road is scheduled in the District's current Five Year Work program for reconstruction in 1998. Staff recommends that the applicant be required to provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Prior to the District improving Franklin Road, a left -turn deceleration lane will be needed on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. Staff recommends that the deceleration lane be required based on the criteria from the Institute of Transportation Engineers Transportation and Land Development handbook. BALLANTY. Pace 3 M. Meridian Road from t-ianklin Road to East 1st Street is sched,-_,;d to be improved by the District in the current Five Year Work Program in FY 1998. A traffic study to determine the necessity of the Meridian/E. 1st Street couplet is scheduled in the District's current Five Year Work Program in FY 1997. Staff recommends that the applicant be required to provide a $425.00 deposit to the Public Rights: -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Staff recommends that a left -turn lane be required on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. N. The proposed turnarounds for Pennwood and Barrett Streets at the site's west boundary will prevent a street connection between the residential development to the west and the proposed commercial/office development. O. Staff recommends that driveways to the individual lots maintain 50 -feet of separation from near edge to near edge with the driveway widths not exceeding 30 -feet. Shared driveways are encouraged. P. Staff recommends that access to SW 5th Street for lots near Franklin Road be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. The 175 -foot offset is the minimum allowed for a driveway on a collector road from a controlled intersection. Although SW 5th Street is not classified as a collector street on the Functional Classification Map, the estimated traffic volumes of 5,900 vehicle trips per day justify using the collector street offset. Q. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. R. This application was heard by the Meridian Planning and Zoning Commission. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. BALLANTY. Page 4 2. Provide a $2,023.00 aeposit to the Public Rights -of -Way Trus .�und for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 3. If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to taper. 4. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 5. If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 6. Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 7. Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. 8. SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 9. SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 10. SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 11. Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 12. Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 13. Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited. " 14. Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff's driveway may be located a maximum of 5 -feet apart. BALLANTY. Page 5 15. Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 16. Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway should be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District will delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 17. Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 18. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such arequirement would result in a substantial hardship or inequity. The written rrequest shall be submitted to the District no later than 9.00 a m on the day scheduled for Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration sh l! specifically identify each requirement to be reconsidered and include written documentation -of data that was not available to the Commission at the time of its original decision, The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. BALLANTY. Page 6 4. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in road paved within the last five years will not he allowed ess approved by the District Commission. Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit'site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may, be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear vision sight - triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. BALLANTY. Page 7 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Any portion of a street which is required by the District to be designated as "no parking" shall be posted by the installation of standard "no parking" signs. A signing plan shall be sealed, signed and dated by a Registered Professional Engineer and submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the signing plan approval shall be completed prior to issuance of a building permit (or other required permit). 17. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed. including but not limited to landscaping, berms, fences. walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure 177). Provide notes of these restrictions on the plat/site plan and street construction plans. 18. Submit three sets of street construction plans to the District for review and appropriate action. 19. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 20. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 21. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 22. The applicant shall submit revised plans for staff approval., prior to issuance of building permit (or other required permits), which incorporates any required design changes. 23. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 24. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. BALLANW. Page 8 25. No change in the terms and conditions of this approval shall bt valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 26. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services Staff 10 =tl Mens I MAY 0 21996 BALLANTY. Page 9 C21 CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CEN i RAL DISTRICT HEALTH DEPART i 1EKP---F-r'vE[. Environmental Health Division . Raturn to: ❑ Boise ± R1DIr- i❑ Eagle ❑ Garden city Conditional Use # J�IIMeridian ❑ Kuna Prelimina Final / Short Plat X4111f1ji c —7 -r? -3(j r NEZ ALr -'Jfs"s �� . ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 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: ,9 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage GWcentral 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: A�9 central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 4ig central water 10. Street Runoff is not to create a mosquito breeding problem. FEIM ❑ 12. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment [I swimming pools or spas ❑ child care center E] beverage establishment El grocery store 15. Dater/ ,I!q ry Reviewed By: AM - Review Sheet CDHD 10191 rcb, rev. 1/95 CENTRAL •4 DISTRICT 'HEALTH D E PA R T M E N T MAIN OFFICE 1, 707 N. ARMSTRONG PL • BOISE. ID. 83704 • (208) 3755211. FAX. 327.8500 To prevent and treat disease and disability, to promote healthy lifestyles; and to protect and promote the health and quality of our envirmaLult STORMWATER MANAGEMENT RECOAEAENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 4) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving valley, Elmore. Boise, and Ada Counties Am / Bak* Carry ofte NAC km • mledon 8=* C=* 00ee emae cmm+r ome* va* cam► °ft* P.O. Bax 1448 707 K Mmowg PL 1606 Rubens 520 E. am Si w K d 6wkar W" Hod& MCCai. 0.85638 Bode. 0. 85704 Bode. 0. Manton home. 0. 190 S 411 Sheet E. PK 634.7194 &wit MeaBtt 327.7499 83705 Ph. 334,1355 83647 Ph. 587-W Ma" Moms. 0. Fdr* Pbr&V 327.7400 324 N%Wkin. 0. 83647 Ph. 587.9225 -- kr— mnfhrn• .197.7 83642 Ph. 888-e525 24 June 1996 Attn: Will Berg City of Meridian 33 East Idaho Meridian, ID 83642 RECEIVED J U N z 6 1996 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARR Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the middle of the project. The right-of-way of the Eight Mile Lateral is 80 feet: 40 feet from the center each way facing downstream. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be Y protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343- 1884 or 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH/dln pc: Water Superintendent File Office File - Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 25 June 1996 Jim Keller, P.E. Keller Associates, Inc. 545 Benjamin Lane Boise, ID 83704 11111d 11 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888.6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 . Boise 345-2431 RE: Land Use Change Application for Troutner Business Park Dear Mr. Keller: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Jim Ballantyne City of Meridian enc. C(OPY APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 4-0.^_GO WILLIAM G. BERG, JR., City Clark JANICE L. GASS, City Treasurer GARY D. SMITH. P.E.. Clty Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFf, Waste Water Supt. DENNIS J. SUMMERS, Packs Supt. SHARI L. STILES. P & Z Adminletrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chial W.L. 'BILL' GORDON. Police Chief WAYNE G. CROOKSTON, JR., Attorney RUB OF TREASURE VALLEY .4 Good Plan to Live CITY OF MERIDIAN 33 EAST IDABD MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX CM) 887-4813 Public Works/Buil&ag Depzunc c (208) 887-2211 Motor Vehick/Dtivers'ices se (XM) 888-4443 ROBERT D. COMM Mayor COUNCIL Mema m WALT W. MORROW. President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY PBZ COMMISSION JIM JOHNSON. Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by. July 2. 1996 TRANSMITTAL DATE: 6/18196 HEARING DATE: 719/96 REQUEST: Preliminary plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road. W of Meridian oad JUN 21 '96 13:26 We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. AM Tim Adams 6 - Z( Idaho Power 322-2047 208 388 6924 PRGE.01 .'. , JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT .COLM MACCOY, PIZ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) SHEARER; PIZ ADA COUNTY HIGHWAY DISTRICT G OSLUND, P/Z ADA PLANNING ASSOCIATION HEPPER, P/Z CENTRAL DISTRICT HEALTH CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT N IALD TOLSMA. C/C SETTLERS IRRIGATION DISTRICT RLIE ROUNTREE, C/C IDAHO POWER CO.(PREUM & FINAL PLAT) N � iT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) m ON BENTLEY. CIC JNTERMOUNTAIN GAS(PRELIM & FINAL PLAT) a iER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ft LL IER DEPARTMENT CITY FILES DING DEPARTMENT OTHER: DEPARTMENT YOUR CONCISE REMARKS: ICE DEPARTMENT 'ATTORNEY JUN 21 '96 13:26 We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. AM Tim Adams 6 - Z( Idaho Power 322-2047 208 388 6924 PRGE.01 Theorthrop DON NORTHROP PHONE (208) 527-3979 P.O. BOX 735 MOBILE (208) 589-3979 COMPANY, INC. ARCO, IDAHO 83213 FAX (208) 527-3328 June 26, 1996 Mr. Jim Johnson Chairman, Planning & Zoning Meridian City Hall 33 East Idaho Ave. Meridian, ID 83642 Dear Mr. Johnson: You will find enclosed the proposed Plot Plan and Site Flevations for the new Ada County CFSA office building. I would like to request the time to make a short presentation during your July 9th meeting to provide information for your consideration in the review of Troutman/Ballantine Business Park. Please contact me as soon as possible with your reply and I would be happy to answer any questions or concerns you may have pertaining to this proposal at that time. Sincerely, Don Northrop enc. DN:gr ;ISN t, - qC� OF MEJRIDii:: , �.ey 9, 7996 ECla y ('1e2idian ll&nn ing S Zoning Commis, .ion 33 E"s Idaho SLwei- /'%iridian, ID- 83642 17\11 OF Gle apo-eogiz_e IO2 .the 6horr- .time that you w.iV have .to �revjew Lji.s Zette z. I &can't untU we /z, v d lAom oa/z vacation ove2 .the weekend that we .Lea2ned of the iateA change -6 to the BaLean-yne-7aoutnelz Buzinz Barzk, and that .i- .i.,s on the agenda /02 LonighP,3 meeting. Ouit neighLo,v toted u.6 of the meeting and .the 122opozed dzangez to the k"it ,6z I?aizk. I .-a. ed .to Gdyne 7o4Aey (.the ulzAan piannwr. woAk ing mith Mz. BaUantyne) ye6te,/zday and wa,3 toed .tha-t. ouiz names uveae on hL Qi,6.t of homeown"z to Pe not i/i ed, 9wt we hadn'.t rcece,i ved a ie ite z lAom .the city o/ NvAid i n. A.lt.eA taek.ing to R z. f-oA/t-ey we wanted to voice ourz concennz .in case we can'.- at -end tonight',s meeting. On .the who -Le we have found the pians loz .the & ,3 i.ne s s .t o g.e we Le thought out-, and ante in lavo2 o/ it. ('12. t oAAey ,said .that ,some type o f /ence miV f e pat up ac/ o s s .the hack o f .the p"pelrt ieh that adjoin .the iza/zk. Ne aae. ,in lavo2 of ,some type o/ 60tid /ence - N07 a chain .Link one. iVe ate z.tLU ve2y much .in lavo2 o/ .the o.ugina. 12.Qan wh.i.ch .6howed l ennwood Stweet extending .into the Q t.6 ine s,s I?aak, giving da iveas aecezz to (7eltidian and f zanktin Roadz. 7h i_,s wou PSL make dit iv.ing much ea,3 i.e,,z IO2 many of .the 2e iden.-,s who wo zk .in Bois e and need to get to and lAom .the 1zeeway each day. -Even though .the Co2po.,zaie DLive ex.-ens.ion won'-- ,e compieted IO2 a few yea2,s, we /eee .i t',3 igpolttant -that .the commu" .in ;thi,� arzea have a .Link io it. We .zEatize that extiza t-za//,i.c .thfvzough #fri.,5 a4ea .i.6 a conce,zn /02 izaaent3 w.i th ,small ch.ierLcen, tut Izee that .it',s impoAiart- /o/z .the gow o/ iAal4c..in this aiz.ea to have othelz aLt ennat ive,5 to and lAom F zank.Lin and (lea id ian Roads . a would aero give eme2gency veh.icLei a&eanate zou.te,3. Saeeiy measzuzez, ,such as ,speed &Lmp,3 o2 a stop z ign wheeze l ennwood SLzeet ent_ely, the "inea.6 parzk, coued Fe .i.ml2Lemented .to heep 6-eow down tAgl-ic. Ue appizeciat e the e//o4-t6 o f P12. Ba.L&n4ne and l'12. t otizey .t o keep .the homeowner .i.nlonmed of -the paoposed /2a/zand gook /on&u zd to having thin addition .to the city o/ / eiridian. 7hank you Ioiz youa coni ides at.ion o�l the eonceAn,6 o f aU o f uz in the f ,zankt n SquaAe Sued i_v.i z ion. S-cnce, eey, /ion & Chlui Line Nace 530 Lynhult-6iPlace Nzai_di.an, ID 83642 $a M 0 0 0 y11 IY., / , tt� i jA f4- `AU I N a V .� m c� Win. , � � i •� � � " �. � # ;•,,, ::, w � ••; m pq O U A ti A23 3 sria Pro :-�:_: „ O u pig � W 6Q r•{6 4 I c'i�! nU YU Q $ g 7 $Y LU a CL A' `�� U s++rsrsJvaor, ah+tt 6L'C�9 t0 r p '�F 3co ZVZ9PX A WS to 714 405c. i tK� " jwyy o •L r �� am V � rn: N � � ip cit a3-- O O ON i C of YZf CV _- ......... _....... r .. oz t III) a Ail 041 fs t� 'g I _ •\ s _ \ II s _ x �- uOISIAIPI a.Ib UI U -BI Z S 1 4- t - a ili JAM I I To: Mayor Robert D. Corrie Councilman Rountree Councilman Anderson Councilman Bird Councilman Bentley Planning and Zoning, Shari Stile From: William F. Gigray, III Special Counsel Date: July 21, 1998 Re: Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement Having had an opportunity to review the matter relating to the Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement, it appears that the City has not adopted rules governing Development Agreements. I recommend the City Council direct the Planning and Zoning Department/Commission to work with the City Attorney's office on drafting of appropriate rules governing the creation of form, recording, modification, enforcement, and termination of development agreements as required by I.C. Section 67-6511A.. I await your further direction or this matter. 0 Page 1 1 July 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 FFcF,1vE-D J u L - s 1998 11TY OF MERIDIAN Vaa&r 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Amend City Ordinance, Finding of Fact and the Development Agreement for Troutner Business Park Dear Commissioners: The Nampa & Meridian Irrigation District has no comment in regard to the above mentioned conditional use permit as the District's interest is protected with a license agreement. Sincerely, IVH/ns n, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superinter CCENTRAL CENTRAL DISTRICT HEALTH DEP)WV�D C, DISTRICT Environmental Health Division �'* HEALTH AUL _ 6 1993 DEPARTMENT Conditional Use # Preliminary / Final / Short Plat _ i /VLE-71 RuS /,^J ❑ I. We have No Objections to this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City 5;rmeridian ❑ Kuna ❑ ACz P^ r, 4L ❑ 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. ❑ IL 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 r� q 14. S c-= "724c ef-,2-772, CA —EC -1 Date: Reviewed By: Review Sheet CDND 10/91 rcb, rev. 7/97 "CENTRAL CENTRAL DISTRICT HEALTH DEPAP"N�� •• DISTRICT Environmental Health Division WIHEALTH Return to: DEPARTMENT J U L — 1998 ❑ Boise ❑ Eagle Rezone # CITY OF MERIDIAN ❑ Garden City Conditional Use # Ieridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ 10 ❑ 1. 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. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery -store g y 14. 4-7Ti2CJ, L Vic= Date: Reviewed By: CDHD 10/91 rd, rev. 7/97 Review Sheet Of MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: TROUTNER BUSINESS PARK AGENDA ITEM NUMBER: 5 REQUEST: AMEND CITY ORD., FINDINGS, AND DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS SEE ATTACHED MINUTES FROM 9/8/98 CITY ATTORNEY: O Srl_ Sid CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 5 Findings of Fact and Conclusions of Law and all the ordinances of the City of Meridian. Borup: Second. MacCoy: Thank you, all in favor? MOTION CARRIED: All ayes. MacCoy: We're going to run through a couple of these. ITEM NO. 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAYCARE BY TINA CARRICO — 2052 N. LARK PLACE: MacCoy: Commissioners? Nelson: Mr. Chairman, I would like to make a motion that we table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussion? Seeing none. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY —1414 N. MERIDIAN ROAD: Nelson: Mr. Chairman, I would like to make a motion to table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussions? None, okay. All in favor? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 6 Nelson: Mr. Chairman, I would like to make a motion that we table this item until our October 13'' meeting. De Weerd: Second. MacCoy: Discussion? All in favor? MOTION CARRIED: All ayes. De Weerd: Mr. Chairman, I think we need to reverse the order of seven and eight. MacCoy: I think you are correct on that too. She's right. Rossman: It appears to me that it would be appropriate to address the Findings of Fact and Conclusions of Law before you move on to the Plat approval. De Weerd: Mr. Chairman, I guess there was a question as to several items that were mentioned in the Findings. A letter from the school district and a building that was mentioned in the staffs comments and that's why we tabled the conditional use permit. MacCoy: I agree with commissioner De Weerd and also with our counsel. We will switch no. 8 to no. 7. We'll move up no. 8 and come back to no. 7. ITEM NO. 8: TABLED AUGUST 11, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (48 UNITS ON 8.53 ACRES) — THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT — NORTHWEST OF CHERRY LANE VILLAGE NO. 1: Borup: Mr. Chairman, probably the easiest to handle this is ask staff if all their items of concern was included in the revised plat. MacCoy: Staff, Shari? Bruce? I guess we'll wait for a few moments. Shari did you hear the question? I guess you did, okay. Stiles: Chairman MacCoy, commissioners, I got this just today in my box and hadn't had a lot of chance to review it. It appears that most of the items that we'd asked for had been addressed. They have added one duplex lot from the original findings and probably that may need to be revisited into the findings, I don't know if that can just be done by your motion, but ... I don't know if the last time you looked at it whether that parking was incorporated in there, the additional parking area. Without actually reviewing this against what the findings are, I'm not positive that all those findings are consistent with what we've been presented. rw, ' & Company, Inc. Commercial Real Estate Ser:- ce_ L -t7 ALM Mff� kLIAOV 'A2 New America Network June 13, 1996 6003 Overland Roae Suite 204 Hon. Robert Corrie Boise, Idaho 83709 Mayor, City of Meridian FAX 322 -5910 (208)322-5902-590 0 33 E. Idaho Avenue Meridian, ID 83642 Dear Mr. Mayor: Indmiduai Me=ers I want to thank you and your staff for meeting with the representatives of the Troutner Business Park yesterday. I also want to thank you for your helpfulness during this entitlement process. As we discussed yesterday, the Northrop Company has received a conditional use permit from Ada County to build and lease a 5,000 sq. ft. office building to the U.S. Department of Agriculture on what would be lots 1, 2, and 3 of block 2, of the proposed Troutner Business Park. It was the intent of the developers of the Troutner Business Park to have preliminary plat approval at this point so that the construction of the USDA office could take place in conjunction with the final platting of the first phase of the Troutner Business Park. Unfortunately we are unable to do this. Therefore, we respectfully request that the City of Meridian allow the Northrop Company to receive city water and fire protection on an interim basis. By doing so Ada County will issue a building permit for the USDA building. It is important to note that the site of the USDA office is being annexed into the City of Meridian with the rest of the Troutner Business Park, the USDA building meets the requirements of the L -O and C -G zoning proposed for the park, and the USDA project was reviewed by Meridian City staff as part of the conditional use application through the County. I have attached a copy of the site plan for the USDA building for your reference. Please do not hesitate to contact me if you have any questions. Thank you for your consideration of this request. Sincere y ours, Michael J. Ballantyne representing the applicant cc: James H. Ballantyne Wayne S. Forney Rod Linja, Keller Engineering Don Northrop, The Northrop Company NEWAMERICA\ NETWORK. Your Partner In Real Estate Services WorlcWide I r F -J I � A E-1 gb To UCE-�)S Y t 3 l c 1 � o 90 ,;4,71A . I 3 \` l I 15201 TOTAL P.02 JUN 18 '96 16:29 208 322 5910 PAGE. 02 E6�6L�I'.l�livli `-OHVOI'NVIORI3W t oeoc xoa •or 31va o NO-INtYJS 1-HO17�M N�MOppf I BA1tl0 Yl�ON'I Oda 011103roud tliMYY,d/17)1�N�tlV v,1 i e= t, -i .-0 .o;W .o•SI ... L .0'909 3 MIXI.00 N $ R i 1 I i I I� � �� � R • s ' .01'E6Z 3.B6.EL,OO N . ''g - w —*.•' :c Z ,p;co.cr�.c rpY+6u� t • ,olie 9,6 ,o-ou . s3ayS �xyyy ls! ,uu{ - i _ z-- _. - /�— weal1412a ua 6 a, sr o n. _I • .;I • •f I - c�wED 7c CENTRAL L7q,rHEALTH DISTRICT OEG(( :M 4 DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 - FAX 327-8,rCC To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-780 November 28, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Troutner Park Subdivision (Revised) Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed the final plat on this subdivision for central water and central sewer facilities. Sanitary, restrictions will remain in force for Block 2, Lots 10 through 15, Block 3, Lots 1 through 8, Block 4, Lots 1 through 3, Block 5, Lot 3, because sewage and water facilities have not been approved for these lots. No owner shall construct any building, dwelling or shelter which necessitates the supplying of water, or sewage facilities for persons using such premises until sanitary restriction requirements are satisfied and lifted. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin 0. Jones, Environmental Health Supervisor HUD James H. Ballentyne Keller Associates, Inc. City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Street N. /03 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 . P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-3521 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 S E P 2 2 IS 937 WY OEMERIEMN AIA 1)17E ,/4 2 55 TL�I'Ho�. _s PAP LMOQUUoMMMMMMMK3 I I! 0 1 1 0 1 I I I 0 I* 1 0 1 0 mm""Mmm 0 0 ©w©©©m ORDINANCE NO. 739 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE NE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor .of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land lying within the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: PARCEL ONE: 963076688 Commencing at an aluminum cap monument marking the NE corner of said Section 13; thence West along the North line aAi is.aidi Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13;'S6 SEP 112 P1i 1 `i$ thence continuing West along ,, aidAee ion line, av`�" distance of 362.70 feet; r- �... " - _ REC'0,.��� i ...._ ._.c.u7-S7 OF thence S 00°C8125" West, a distance of 613.70 feet to :.he REAL POINT OF BEGINNING; thence N 72 ° 09' 35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85°41'00" East, a distance of 147.41 feet to an iron pin; thence N 79°55100" East, a distance of 211.34 feet; ANNEXATION ORDINANCE BALLANTYNE-TROUTNER L-0 AND C -G Page 1 thence N 00008'58" East, a distance of 1005.86 feet; thence N 29038,58" East, a distance of 170.41 feet; thence N 57'41,11" West, a distance of 161.79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more or less. PARCEL TWO: Commencing at an aluminum cap monument marking. the NE corner of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet to the REAL POINT OF BEGINNING. thence S 00008125" West, a distance of 613.70 feet; thence S 57°41'11" East, a distance of 161.79 feet; thence S 29°38,58" West, a distance of 170.41 feet; thence S 00°08158" West, a distance of 1005.86 feet; thence N 79055100" East, a distance of 312.03 feet; thence N 00°13,31" East, a distance of 142.00 feet; thence N 89°52,13" East, a distance of 790.35 feet to an iron pin; thence N 00°23112" East, a distance of 329.06 feet to an iron pica; thence N 89°56106" West, a distance of 128.95 feet to an iron pin; thence N 00°18107" East, a distance of 663.29 feet; thence N 89°58105" West, a distance of 663.21 feet; thence N 00°13131" East, a distance of 349.76 feet; thence West, a distance of 123.99 feet; thence N 00°13,48" East, a distance of 313.10 feet; ANNEXATION ORDINANCE BALLANTYNE-TROUTNER L -O AND C -G Page 2 thence West, a distance of 238.73 feet to the REAL POINT OF BEGINNING. containing 28.70 acres of land, more or less. AND' ALSO PARCEL THREE: A parcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northeasterly corner of said SE 1/4 of the NE 1/4; thence S 0°22,31" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 327.25 feet to a point; thence leaving said easterly boundary S 89"52,13" W a distance of 533.53 feet to a point; thence N 0023112" E a distance of 329.06 feet to a point; thence S 89°56,06" E a distance of 533.45 feet to the POINT OF BEGINNING. This parcel contains 4.02 acres and is subject to any easements existing or in use. is hereby annexed to the City of Meridian; that PARCEL ONE is zoned (L -O) Limited Office; that PARCEL TWO is zoned (C -G) General Retail and Service Commercial; and PARCEL THREE is zoned (C -G) General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. ANNEXATION ORDINANCE BALLANTYNE-TROUTNER L-0 AND C -G Page 3 b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted April 4, 1984, or as amended. c. * That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by -11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 Cr G 1., H 2., R, L, and M ofthe Revised and Compiled Ordinances of the City of Meridian and other matters, and specifically that planting strips shall be 35 feet wide along Frankilin and Meridian Roads and not part of street right-of-way or utility easements. d. That surface water shall be used for pressurized irrigation if possible. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian, which include that the property must be developed as a commercial or general planned development or under the conditional use permit process. g. That the Applicant is required to hook up to the sewer and water and participate in the costs of extending the sewer and water services through the payment of late- comer's fees. h. That Applicant shall meet the development time requirements of the City and meet all of the Ordinances of the City of Meridian. i. That the property may be de -annexed if the terms and conditions of the Development Agreement or this Ordinance are not satisfied. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the. effective date of this Ordinance. ANNEXATION ORDINANCE SALLANTYNE-TROUTNER L -O AND C -G Page 4 Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 0 day of September, 1996. APPROVED: OR -- ROBERT D. CORRIE ATTEST: Orr WILLIAM G. BERG, JR. C Y CLERK SL 7 STATE OF IDAHO,) Qq r��. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNE:.ING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE NE 1/4 OF SECTION 13, TOWNSHIP; 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 739 , by the City Council and Mayor of the City of Meridian, on the day of September, 1996, as the same appears in my office. %`` itililnt,pff" Orr DATED this day of Sept er, 1996. Cy "s City Clerk, City df terid'gn Ada County, Idaho ANNEXATION ORDINANCE 11411111 ilk BALLANTYNE-TROUTNER L -O AND C -G. Page 5 h STATE OF IDAHO,) • ss. County of Ada, ) On this -3ro( day of September, 1996,. before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be.the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he 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. SEAL y t3 • UB ANNEXATION ORDINANCE BRILANTYNE-TROUTNER L -O AND C-« blic for Idaho at Meridian, Idaho sion Expires Page 6 LU r— ti S � 128.95 �a s c+i i'AM L 'S .41 s •e� sz is w. 6 I JV• N 3a 147.4(' AWNEXAnom OJzD.i a ,� �acaarrn,E- Tnc�rrr«t 3 h_ ... -4 W 3 s Z 3 W.123,9y 0 0 At 720, ° M� �:✓. � ttla % z 6, 8M 9 W dp 5670- m Kf uz LU r— ti S � 128.95 �a s c+i i'AM L 'S .41 s •e� sz is w. 6 I JV• N 3a 147.4(' AWNEXAnom OJzD.i a ,� �acaarrn,E- Tnc�rrr«t 3 h_ ... -4 W 3 0 0 % z LU r— ti S � 128.95 �a s c+i i'AM L 'S .41 s •e� sz is w. 6 I JV• N 3a 147.4(' s Fb 3 2 5 7 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TROUTNER BUSINESS PARK KNOW ALL MEN BY THESE PRESENTS: The undersigned Troutner Business Park Development Cor^oration (hereinafter referred to as "Declarant" or "Grantor"), being the owner of that real pronert,T located in da Ca11r+--7 Idaho ,=''d awcprz Cne 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 "Troutner Business Park" or simply "Park" or "Property" and is depicted in that plat of the property attached hereto as Exhibit B.) The Covenants, Conditions and Restrictions are as follows: y ARTICLE I Covenants Running With The Land 1.1 Covenants and Restrictions: Definitions: This Declaration (including the Design Sta:.dards attached as 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"), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 d/realest/troutner.3 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 (1) year of commencement of construction. Failure to comply with this section shall constitute a breach of these Declarations and subject the defaulting party or parties to all enforcement procedures set forth herein in addition to any remedies provided 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 Cc- j-*_ee in the event the Plans fail to so comply. Neither Declarant nor }'-- 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; F�h =commercial;retail; service -commercial; financial; athletic facilities; office;4ndestr=-'; tD research and development; warehouse; distributio ufacturing purposes; "flex -space buildings; all with such auxiliary uses within the buildings on tO`�DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 1, ,�/ d/realest/troutner.3 eWt f�� r, 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. 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 z nin rule or, dinance is in conflict with a designated use, then the zoning rule or ordinance shall apply. 7.2 Special Use Limitations: 7.2.1 Limited Office Use: The following lots shall be used exclusively for limited office uses: (a) Block 1: Lots 2-9 and 11-12 inclusive. (b) Block 2: Lots 2-4 inclusive. 7.3 PROHIBITED USES: 7.3.1 Hazardous Materials: No toxic materials as regulated or defined by any city, state or federal laws, rules or regulations shall be disposed of on the property described herein. For purposes here "toxic materials" includes but is not limited to "hazardous substances", "hazardous materials" or "toxic substances" defined in any local, state or federal statutes or regulations including but limited to the Comprehensive Environmental Response Compensation on Liability Act, 1980, as amended 42 USC 961 et. sea.; Hazardous Materials Transportation Act, 49 USC 1801 et. sea.; The Resource and Conservation Recovery Act, 42 USC 6901 et. seQ.; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 d/realest/troutner.3 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 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). 8.2 Twenty -Two (22) Foot Roadway Landscaping Strip: Each owner shall install and properly maintain a twenty-two (22) foot landscape buffer along all lot lines adjoining any roadway or street (except where the 35' landscape buffers are provided in Section 8.4 below). This landscaping shall be installed pursuant to the Design Standards attached hereto. This twenty-two (22) foot strip may,, include portions of ACHD right of way, fcc lana. as—heHf- ). This twenty-two (22) foot landscaping buffer area along all roads and streets is to maintain a consistent and aesthetically pleasing appearance to the entire development. In DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 d/realest/troutner.3 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 Lan dsca in PercR=9 e: Each owner shall install and maintain landscaping on a minimum of ten percent (10%) of the total \/000 square feet, there shall never be less than 10,000 square feet of landscaping.] More landscaping is encouraged but under no circumstances shall it become less than 10% of the square footage of the entire lot. 8.4 SpecialThirty-Five (35) Foot Landscape Buffer: The following lots are affected by this section: (a) Lot 1 Block 1 and Lot 1 Block 2 (along Franklin Road). (b) The West 35 feet (adjacent to residential S ubdivision) of Lots 5, 6, 71 8, 9, 10, 11 and 12 of lock 1. In this thirty-five (35) foot landscape buffer area desc ed in (b) above Jk ee b Pia a,ds css shall install and maintain (pursuant to the Design Standards) a thirty-five ( 3 5 ) foot wide landscape buffer area which shall include a berm at least three (3) feet in height. -tire DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 d/realest/troutner.3 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 out building may be erected or located on any Lot except in the course of a diligently pursued construction PiFoject�an then only for the reasonable period of construction, � C --r — . All construction shall ion -41 be performed in a manner designed not to interfere with the use of C°' tv u a s_ c� Standards. ti_ , 8.8 Auxiliary: 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 c` any building or structure, shall be concealed from view from 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. o- s barvc- 8.10 Dra_: Each lot owner shall« t peak storm drainage into surrounding canals or ditches except as permitted by DECLARATION OF COVENANTS COND d/realest/trcutner.3 ITIONS AND RESTRICTIONS - 20jj 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 : f eri me4tr -qc, 5W" h� 0 8.13.1 Eight Mile Lateral: All lots adjoining Eight Mile T_atara? shall hal.Te a fence (which __ 4 .1 comps �_-rce with Nm +a - :Meridian Irrigation District Rules and Regulations), approved by the Architectural Committee, restricting access to Eight Mile Lateral. Said fence shall be installed ph p�v��o�� (� n and mai.ntai.ned by the +ot- _,.,wne . U D A 8.13 .2 Perimeter Fence: JB each phase of this subdivision .ice dev-e�Grantor (or Grantor's successor) shall install a fence along the outside perimeter of Troutner Business Park which encompasses that respective phase of the development. 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 Other Fences: Other property line fences are not required. If installed by an owner, they must be first approved by the Architectural Committee and shall be maintained by the owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22 d/reeiest/troutner.3 9.3 Storage• (a) No materials, supplies or equipment, including company owned or operated trucks and motor vehicles shall be stored in any area on a Lot except inside a closed building, or behind a visual barrier approved by the Committee, screening such areas from the street and from view of adjoining properties, which barrier shad 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: Lot 1 Block 1; Lot 1 Block 2; Lot -0 Block 1 are designated as Common Area lots and are to be owned by the Asst3ofin. Lot 1 Block 1 and Lot 1 Block 2 along Franklin Road, landscaped areas and shall contain the subdivision identification signs. Lot 10 Block 1 is a 30' wide lot connecting Penwood Street to S.W. Fifth Street and shall be subject to an easement to the City of Meridian as the City may require and may also be used for pedestrian and bicycle traffic as such may be permitted or required by the City of Meridian and ACRD. All costs associated with these three Common Area lots (except initial installation) shall be paid pro-rata by all lot owners in the subdivision under the formula scribed for Common Area DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 24 d/realest/troutner.3 ARTICLE XII Troutner Business Park Association �� C 'r ` 12.1 Or anization of Troutner Business Park Associ Troutner Business Park Association, Inc. the �� ati�n Inc.: Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating general non-profit corporations and shall be charged to _a. g with the In t he Articl- - d.� , ":fie �C; -�-•-,� _ ��=••-- -_.. _,a ���' —a•1 ..'�: '•?; .• '--th Articles, Bylaws and this Declaration. Neither the nor the Bylaws shall be amended or otherwise changed Articles as to be inconsistentg d °r interpreted with this Declaration. 12.2 Membershi : Each Owner, by virtue of being an Owner for so ion and g as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall 11 not be Pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transfe r -o such title, e of Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books Association. of the 12.3 Voting: Voting in the Association shall be carried out b Members who shall cast the votes attributable to the BuildingY which the Lots y own, or attributable to the Building Lots owned by Grantor. The. number of votes any Member may cast on any issue is determined by the number of Building Lots which the includin g GrantMeter. Grantor! owns. When more than one person hOlds an DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 26 d/realest/troutner.3 Ac--oendui TRO PIN ER BUSINESS PARK DESIGN STANDARDS 1. STATEMENT OF INTENT 1.1 It is our intent to build, with the help of our buyers, owners, builders and tenants, one of the most respected and desirable business parks in the State of Idaho. is goal can only be accomplished through the application or des fir: �'-....,a.' as card _ :u -•g uncle" t .em. The proper lancscape design building elevations and attention to detail will assure the creation of a pleasant working environment which will lead to business success and property value enhancement for all. 1.2 The design standards described here are, intended to apply to office and industrial developments within Troutner Business Park and reference is made to the Declaration of Covenants, Conditions and Restrictions for Troutner Business Park for specific requirements regarding, inter alia, plan submittal time frames; percentage cf landscaping; set backs; landscape strips and buffers; fences; screening of loading docks and storage areas. 1.3 For parcels developed for retail or other commercial uses, the Architectural Committee may pelt modifications to these design standards under its review - process. The modified standards will apply generally to commercial uses within Troutner Business Park. 1.4 The Architectural Committee may allow variance from these Standards for parcels of irregular shape and parcels five acres in size. This variance a Standards will only apply in their specific cases and parcels, and in no way set a precedent for other variances. 1.5 Troutner Business Park should not be a level field full of huge concrete boxes. It should be like a well maintained city park or campus setting with beautifully designed structures set tastefully in a heavily landscaped background, within the landscaped buffer are set out below. The lighting, signage and landscapiuq should be uniform, lush and well maintained. TROUTNER BUSINESS PARK DESIGN STANDARDS - 1 d/reelesvtroutner.2st 1.12 In the event that any of these general Design Standards conflict with any provision of the Declaration of Covenants, conditions and Restrictions for Troutner Business Park then the provisions of the Declaration shall control. To effectuate this intent the basic Design Standards are as follows: 2. 2.1 2.2 SITE DEVELOPMENT STANDARDS HeightsC� J� ' aiI bu ii;gs should be lima .ed o a maximal height of 45--'�= /1100, feet to the top of parapets, stair enclosures or y mechanical penthouses or screens. The maximum height is L -!d measured from the mean ground elevation to the highest point on roof parapet or mean height on sloping roof. Setbacks All building setbacks shall conform to Meridian City Ordinances and shall provide sufficient space between buildings to provide adequate light and privacy for building occupants as well as to provide room for parking, landscaping and to minimize interference between parcel owners. 2.3 HardscaDe and Barriers Walks and paths must be a minimum of five feet wide, constructed of an all-weather surface, and designed into the flow of the landscape onsite and offsite. An area convenient to the building should be provided for the storage of bicycles.. Plazas should be located near spaces between buildings and/or near building entrances. No fence or wall of any kind shall be constructed unless specifically approved by the Architectural Committee after review of complete plans. Structures such as water towers, storage tanks, processing equipment, cooling towers, communication towers, ventilators and any other structures or equipment should be architecturally compatible or effectively shielded form view from any street and should be TROUTNER BUSINESS PARK DESIGN STANDARDS - 3 d/realest/troutner.2st The maximum elevation of on-site surface parking should not exceed the highest top of curb elevation of the immediately adjacent stree b ea_r�k ci �s aces shold. be hanp as paces for the and located near building entrances in conformance with the current federal, state and local `C codes in effect at the time of construction for each parcel. 2.4.2 Service Access Entrances for acca. �o ,.�� � ^.e �u�' All loading and unloading of vehicles should be conducted on site away form the view of the street or neighboring parcels. Loading and service area parking should be planned so that they do not interfere with visitor and employee parking. Loading docks should be so positioned that delivery vehicles will not have to back onto or off of streets or neighboring parcels or common area. trash containers should be concealed within the walls of the building structure or properly screened from view. 2.5 Utility Services All utility lines shall be underground. No pipe. conduit, cable, including lines for water, gas, sewage, storm drain, electricity or any other energy or service shall be installed or maintained upon any lot above the surface of the ground. Movable pipes used for irrigation or other purposes during construction are excepted. No utility lines may be exposed on the face of any building. Transformers may be surface mounted as long as they are properly screened. Group transformers and grouped utility meters are encouraged wherever possible. 2.6 Landscape Improvements 2.6.1 A landscape and irrigation plan covering the overall site must submitted to the Architectural Committee _ TRO NER DUSIN P IG ANDAMS - 5 d/realest/troutner.2st 3.4.5 No storage shed, mini -storage or peripheral buildings other than the main building on each lot shall be permitted except during construction. 3.4.6 All ground -mounted mechanical equipment, including transformers, will be screened from view by landscaping, masonry fence or other structure in keeping with the overall building design. 3.4.7 Each business must be supplied with a trash container of appropriate size to hold all refuse generated by said business during the period between trash collect;on days, mash ccntainer storage areas mL:st,zzch a way as o .-e hidden from the street or neighboring parcels. 3.5 Telecommunication Eguioment No antenna shall be visible from streets or neighborhood parcels. Microwave dishes and satellite dishes shall be placed in the middle of parapet roofs or valleys or on the ground behind buildings but in no case may they be visible from the streets or highways. 3.6 Lighting and Signage 3.6.1 Lighting The parcel owner and architect are requested to create a functional, pleasing and coordinated relationship of lighting, signs and plant material for aesthetics, security and safety. Lights shall not be placed to cause glare or excessive light spillage on neighboring sites or to the streets. All parking lot and driveway lighting should provide relatively uniform illumination. Accent illumination is recommended at key points such as entrances, exits, loading zones and drives. Concealed light sources are recommended. 3.6.2 Signage .Each parcel is required to have a permanent sign located at or near the main entrance to the parcel. TROUTNER BUSINESS PDESIGN STANDARDS = 9 d/realest/troutner.2st •ILWI 0 E O L I V E FZ C O M M E R C I A L R E A L E S T A T E LETTER OF TRANSMITTAL September 4, 1997 Mr. William Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Troutner Business Park Final Plat Dear Will: s p - 4 1397 CITY OF 1RERMAN Please find attached a Letter of Credit from U.S. Bank in the amount of $184,361.00. In a July 21, 1997 letter from Gary Smith to David Hughes of Keller Engineering, Gary requested a Letter of Credit to cover costs related to the following items: 1.) Permanent Perimeter Fence and 8 Mile Lateral Fence 2.) Pedestrian/Utility/Emergency Access Easement (Lot 11, Block 1) 3.) 35' Landscape Buffer Strip at entry and along west side 4.) Pressurized Irrigation System 5.) Street Lights 6.) City Water Single Point Connection Attached, as Exhibit A to the Letter of Credit, is a spreadsheet showing the cost breakdown for the above listed items. Also attached are engineer's estimates and hard bids as documentation for the costs. I believe that we have provided all information necessary. Please let me know if any additional information is needed. We are eager to record the final plat for this project. Sincerely, Michael J. Ba lantyne Troutner Business Park Received by: Date: Brokerage - Management Main Office 7941 West Rifleman Street, Suite 150 Boise, Idaho 83704 Phone 208-378-4600 Fax 208-378-4646 Boise Research Center Phone 208-375-8557 Fax 208-377-8962 Y U.S. BANK U. S. BANK OF IDAHO INTERNATIONAL BANKING DIVISION 101 SOUTH CAPITOL BOULEVARD P. 0. BOX 8247 BOISE, IDAHO, 83733 U.S.A. SWIFT USBKUS5I FAX (208) 383-7641 IRREVOCABLE STANDBY LETTER OF CREDIT SEPTEMBER 04, 1997 ----------------------------------------------------------------- BENEFICIARY: APPLICANT: CITY OF MERIDIAN TROUTNER BUSINESS PARK 33 E. IDAHO AVE. DEVELOPMENT CORPORATION 410 S. ORCHARD STREET, STE 156 MERIDIAN, IDAHO 83642 IBOISE, IDAHO 83705 ----------------------------------------------------------------- LETTER OF CREDIT NUMBER: S001169 AAAAAAA EXPIRY DATE: OCTOBER 28, 1997 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT 101 SOUTH CAPITOL BLVD., BOISE, IDAHO 83702 ON OR BEFORE S:OOPM DEAR SIRS: WE HEREBY AUTHORIZE YOU TO DRAW ON U.S. BANK OF IDAHO, BOISE, IDAHO FOR ACCOUNT OF APPLICANT AS FOLLOWS: THIS LETTER OF CREDIT IS ESTABLISHED IN THE AGGREGATE AMOUNT OF USD 184,361.00 ( ONE HUNDRED EIGHTY FOUR THOUSAND THREE HUNDRED SIXTY ONE 00/100 USD ) AVAILABLE BY YOUR DRAFT(S) DRAWN AT SIGHT ACCOMPANIED BY THE FOLLOWING DOCUMENTS: + THE ORIGINAL OF THIS LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS + A STATEMENT.PURPORTEDLY SIGNED BY AN AUTHORIZED.INDIVIDUAL OF THE BENEFICIARY AS FOLLOWS: 11TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION HAS FAILED TO PERFORM OR IS IN DEFAULT OF THE COMPLETION OF SIDEWALKS, FENCING, PEDESTRIAN/UTILITY/EMERGENCY ACCESS EASEMENT, STREET LIGHTS AND LANDSCAPING TO LOTS 6, 7, 8, 9, 10, 12, 13, BLOCK 1 EXCEPT HAMMERHEADS, ALONG WITH SEWER, WATER AND 411 SIDEWALKS LOCATED AT THE TROUTNER BUSINESS PARK, MERIDIAN, ** THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT 5001169 ** 16-7349-1 1/94 us.13ANK IDAHO." PARTIAL DRAWINGS PERMITTED. ---------------------=------------------------------------------- ALL DRAFTS DRAWN MUST BE MARKED: " DRAWN UNDER U.S. BANK. OF IDAHO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S00116911 THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 WE HEREBY AGREE WITH DRAWERS OF DRAFTS UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT. THE SAME SHALL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEE. ALL BANK CHARGES OTHER THAN THOSE OF U.S. BANK OF IDAHO, IF ANY, ARE FOR THE BENEFICIARY. U. S. BANK OF.IDAHO IS A MEMBER OF THE FEDERAL RESERVE SYSTEM �a muJ�e, AUTHORIZED SIGNATURE PURSUANT TO U.S. LAW WE ARE PROHIBITED FROM ISSUING, TRANSFERRING, ACCEPTING OR PAYING LETTERS OF CREDIT TO ANY PARTY OR ENTITY IDENTIFIED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPARTMENT OF TREASURY, OR SUBJECT TO THE DENIAL OF EXPORT PRIVILEGES BY THE U.S. DEPARTMENT OF COMMERCE. ** THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT S001169 ** 16 -7349 -1 1/94 RECEIVED � AUG 2 71997 interoffice MYOFMERIDIAN MEMORANDUM to: Will Berg, Jr. cc: File from: Gary D. Smith, PE re: Troutner Business Park' al Plat date: August 26, 1997 Will: I have reviewed this plat and find that it contains all my requested changes and I have therefore signed the certificate sheet in the appropriate place. I previously transmitted a copy of a letter to you that I sent to the developers engineer outlining the improvement items for which they needed to submit a financial guarantee. I have not seen that financial guarantee but I have talked to Mike Ballantyne and he tells me he is getting things put together for submittal to you. For your convenience I am attaching another copy of my previous letter to Keller Associates. Regards, Gary from the desk of... Gary D. Smith, PE Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-881-2211 Fax: 208-881-1291 or 208-8814813 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Erg;neer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor July 21, 1997 Mr. David Hughes Keller Associates 545 Benjamin Lane, Suite 185 Boise, Idaho 83704 RE: TROUTNER BUSINESS PARK FINAL PLAT Dear David: COUNCIL MEMB RC WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P—& Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING RECEIVE ,JUL. -2 2 1997 I have reviewed your final plat submittal for signatures and have the following comments: A. Sheet 1 of 3: 1. Note No. 4 — I believe the State Code reference should be 31-3805. 2. Note No. 11 — Add Lot 2, Block 2 as a common lot. Lot 5 — Block 1; Lot 5, 13 — Block 2 and Lot 5 — Block 3 should be listed as having an underlying easement to Nampa & Meridian Irrigation District. 3. Show the centerline of 8 Mile Lateral, West of S.W. 3`d Ave. with a centerline symbol. 4. Show the Easement line along the east side of Lots 1-3, Block 3. B. Sheet 2 of 3: 1. The section corner is shown as a "set 5/8" iron pin with plastic cap" but is called out in the Certificate of Owners as an "aluminum cap monument". Please clarify. 2. A dimension of "288.10 ft" is shown along Franklin Rd. but it has no reference dimension line. C. Sheet 3 of 3: 1. In the 2nd line of the Certificate of Owners an aluminum cap monument is referenced as one of the subdivision ties. Sheet No. 2 shows this as a "set 5/8" iron pin with plastic cap". Please clarify. Prior to my sending this plat on to City Clerk for signature please submit to me a letter of credit surety along with a copy of the Contractor bid, for the following off-site improvements for phase I: 1. Permanent Perimeter fence — contractor bid x 110%. 2. 8 Mile Lateral chain link fence — contractor bid x 110%. 3. Pedestrian / Utility / Emergency Access Easement — Contractor bid x 110%. 4. Landscape buffer strip — • 35' wide — Lots 6, 7, 8, 9, 10, 12, 13 — Block 1 except hammerheads, Pedestrian / Utility / Emergency access easement and 8 Mile Lateral. Plan needs to be approved by Shari Stiles — Contractor bid x 110%. • Common lot areas — Lot 1 — Block 1; Lot 1 and 2 — Block 2 — Plan needs to be approved by Shari Stiles — Contractor bid x 110%. • 20' wide landscape easement — Lots 1,2,3 — Block 3 doesn't need to be bonded at this time. It would be appropriate to have the landscape plan approved by Shari Stiles. 5. Pressurized Irrigation — Contractor bid of approved plan x 110%. This would include pump station and all distribution lines and appurtenances. 6. Street Lights — 7 lights required at $1500.00 each = $10,500.00. 7. If you plan on having a single point connection to City Water System to provide water to the landscape irrigation system during the times water is not available in the 8 Mile Lateral you will need to pay the assessment prior to plat signing. I didn't find any correspondence in my file from Nampa & Meridian Irrigation District approving your pressurized irrigation system. If you have this ' please submit. If not, please obtain. The above referenced blueline prints (Sheets 1,2,3) and signature mylar (Sheet 3) is returned herewith for these minor revisions. Sincerely, i Gary D. Smith, P.E. City Engineer cc: File City Clerk P & Z Administrator C011 IL 1 `V E M C O M M C 14 C I A L R E A l E, T A 7 s PEOE'VED AUG 0 5 1997 July 21, 1997' CM OF MERIDIAN Mr. William Berg City Clerk City of Meridian 850 W. Idaho Street Meridian, ID 83642 Re: Troutner Business Park Dear Will The purpose of this letter is to inform you the U.S. Department of Agriculture has decided not to build a building on Block 2, Lot 2 'of Troutner Business Park, The USDA has determined that, in order to save money, it will not have offices within 20 miles of each other. This means that the only USDA offices in the Treasure Valley will be in Caldwell and Boise. The USDA will vacate all other spaces as their leases expire. As you know, the City of Meridian was. working to accommodate the USDA by waiving the requirement that the final plat must be recorded prior to reviewing the construction plans. I am requesting that this waiver be transferred from Block 2, Lot 2 to Block 1, Lot 3. Jim Keller and Reid Olsen are constructing a 1,10,000 SF office building on this lot. The building meets all requirements of the LO zoning, the Development Agreement between the City and Troutner Business Park, and Meridian City Code. For the sake of time, we ask that the waiver be transferred. Please do not hesitate to contact me if you have any questions about this request. Thank you in advance for your cooperation. I appreciate your help. Sincerely, Michael J. antyne Troutner Business Park cc: Jim Keller eroRerage - Management Main Office 7941 West Rifleman Street, Sultc 150 Boise. Idaho 83704 Phune 208.378-4600 Fax 208.378.4046 Boise research Coptcr Phune 208.175-8557 Fax 208-377.8962 AUG 05 '97 12:48 208 375 1994 PAGE.03 41 ���i�L��,'':-.•i � o wile•+�{•r�.,' , ; fieri .s r� 1»w AUG 05 197 12:48 PAGE. 04 z WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor July 21, 1997 Mr. David Hughes Keller Associates 545 Benjamin Lane, Suite 185 Boise, Idaho 83704 RE: TROUTNER BUSINESS PARK FINAL PLAT Dear David: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING I have reviewed your final plat submittal for signatures and have the following comments: A. Sheet 1 of 3: 1. Note No. 4 — I believe the State Code reference should be 31-3805. 2. Note No. 11 — Add Lot 2, Block 2 as a common lot. Lot 5 — Block 1; Lot 5, 13 — Block 2 and Lot 5 — Block 3 should be listed as having an underlying easement to Nampa & Meridian Irrigation District. 3. Show the centerline of 8 Mile Lateral, West of S.W. 3rd Ave. with a centerline symbol. 4. Show the Easement line along the east side of Lots 1-3, Block 3. B. Sheet 2 of 3: 1. The section comer is shown as a "set 5/8" iron pin with plastic cap" but is called out in the Certificate of Owners as an "aluminum cap monument". Please clarify. 2. A dimension of "288.10 ft" is shown along Franklin Rd. but it has no reference dimension line. C. Sheet 3 of 3: 1. In the 2nd line of the Certificate of Owners an aluminum cap monument is referenced as one of the subdivision ties. Sheet No. 2 shows this as a "set 5/8" iron pin with plastic cap". Please clarify. Prior to my sending this plat on to City Clerk for signature please submit to me a letter of credit surety along with a copy of the Contractor bid, for the following off-site improvements for phase I: I. Permanent Perimeter fence — contractor bid x 110%. 2. 8 Mile Lateral chain link fence — contractor bid x 110%. 3. Pedestrian / Utility / Emergency Access Easement — Contractor bid x 110%. 4. Landscape buffer strip — • 35' wide — Lots 6, 7, 8, 9, 10, 12, 13 — Block 1 except hammerheads, Pedestrian / Utility / Emergency access easement and 8 Mile Lateral. Plan needs to be approved by Shari Stiles — Contractor bid x 110%. • Common lot areas — Lot 1 — Block 1; Lot 1 and 2 — Block 2 — Plan needs to be approved by Shari Stiles — Contractor bid x 110%. 0 20' wide landscape easement — Lots 1,2,3 — Block 3 doesn't need to be bonded at this time. It would be appropriate to have the landscape plan approved by Shari Stiles. 5. Pressurized Irrigation — Contractor bid of approved plan x 110%. This would include pump station and all distribution lines and appurtenances. 6. Street Lights — 7 lights required at $1500.00 each = $10,500.00. 7. If you plan on having a single point connection to City Water System to provide water to the landscape irrigation system during the times water is not available in the 8 Mile Lateral you will need to pay the assessment prior to plat signing. I didn't find any correspondence in my file from Nampa & Meridian Irrigation District approving your pressurized irrigation system. If you have this please submit. If not, please obtain. The above referenced blueline prints (Sheets 1,2,3) and signature mylar (Sheet 3) is returned herewith for these minor revisions. Sincerely, X4 "Al 4471�� Gary D. Smith, P.E. City Engineer cc: File City Clerk P & Z Administrator KELLER ASSOCIATES INC ig4,. /n e,—. KELLE.R ASSOCIATES, INC. 545 Benjamin Lane, Suite 185 Boise, ID 83704 FAX TRANSMITTAL FAX NUMBER: 2081375-1994 TELEPHONE NUMBER: 208/375-1992 FROM: Dave Hughes NO. 532 P. 1/4 DATE: 3/1/97 NUMBER OF PAGES TRANSMITTED, INCLUDING THIS PAGE: 4 TO: Shari Stiles, Bruce Freckleton, Rick Clinton Note: Please distribute copies to the individuals listed FIRM: City of Meridian FAX NUMBER SENT TO: 887-4813 Attached are copies of the agreements from the downstream lateral users you requested. Please let me know if you need any additional information. Thank you. MAR 01 197 18:08 208 375 1994 PAGE.01 F MAR. 1. 1991 6:13PM)a7.+ i KELLER ASSOCIATES INCA o —v NO. 532 P.2/4 '11 ! � t,a,aNNe• 1 AUA7600900 R Oeiy0oo71a �g I N WIND 3;1 Z' IN 3 1 � g ,� ReN3ea0]al g6a.aaoos.7 I A71,17010 S e9 K `JI e`S 2 i �G ►a��a.11 7617»0 /� �4. 1 wed slla7c1a1 , _ -`Y V r 771177 39 6171 )l� a 'i �p771 J \W1NV 7 / 1 /1r /1 ♦ .. 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IIJw IaW •1 __ .-.'�r- _—^^ w^� - -- _ __ MAR 01 '97 18:06 208 375 1994 PAGE.02 FEB.28.1997 1:29FM KELLER ASSOCIATES INC NO.525 P.1.'9 1717 " n.LMLER, ASSOCTA ES, Mr - 545 Benjamin Lane, Suite 185 Boise, ID 83704 FAX TRANSMITTAL FAX NUMBER: 208/375-1994 TELEPHONE NUMBER: 2081375-1992 FROM: Rod Linja DATE: 2128/97 NUMBER OF PAGES TRANSMITTER, INCLUDING THIS PACE: 3 TO: Mike Ballantyne FIRM: Quest & Company, Inc. FAX NUMBER SENT TO: 322-5910 TO: Shari Stiles, Bruce Freckleton, Rick Clinton Note: Please distribute copies to the Individuals listed FIRM: City of Meridian FAX NUMBER SENT TO: 887-4813 TO: Bruce Stuart FIRM: Meridian Water Dept. FAX NUMBER SENT TO: 884-1159 TO: Steve Snead FIRM: ACRD FAX NUMBER SENT TO: 345-7650 TO: Billy Henson FIRM: Nampa & Meridian Irrigation District FAX NUMBER SENT TO: 888-9859 FFEB.28.1997 1:29PM KELLER ASSOCIATES INC NO.525 P.2f3 1Ll,EJIM AS'SOCIATES, INC. FEBRUARY27, 1997 MEETING MINUTES DATE: February 27, 1999 PROJECT NAME: Troutner Business Park MEETING LOCATION: City of Meridian Conference Room ATTENDEES: • Shari Shies, City of Meridian Planning Department • Bruce Freckleton, City of Meridian Public Works Dept. • Rick Clinton, City of Meridian Public Works Dept. • Bruce Stewart, City of Meridian Water Dept. • Steve Snead, Ada County Highway District • Billy Henson, Nampa Meridian Irrigation District • Mike Ballantyne, Owner • Dave Hughes, Keller Associates, Inc. • Rod Linja, Keller Associates, Inc. RE: Construction of Eight Mile Lateral Crossings and Related Irrigation Improvements prior to Irrigation Season and Approvals The meeting began shortly after 4:00 p.m. A request was made by the Developer (Mike Ballantyne) and Engineer (Rod Linja) to begin construction of the Eight Mile Lateral crossings and utilities planned under the crossings; prior to Final Plat approval by all agencies and Development Plan approval. This early work would also include some irrigation system improvements that are designed to be piped as part of the project. The primary concern is that these improvements need to be in place prior to the irrigation season. General discussion followed about concerns and approaches related to beginning construction now. All parties agreed that construction may proceed immediately provided the following items are performed: City of Meridian 1. Waterlines will be constructed above the culvert, so no construction will be performed on waterlines at this time. 2. Revised plans related to gravity line improvements and structure locations (manholes) must be submitted to the City. 3. Potential utility conflicts with the gravity line improvements must be evaluated, 4. A steel casing (sleeve) must be constructed below the new culvert on S.W. 3rd Avenue. The sleeve diameter should be about 2T. 5. Submit approval letter from users related to the private gravity irrigation line improvements. 6. The contractor must notify the Gity of Meridian 48 hours prior to construction, COMPANY OF PROFESSIONAL, ENG]NIMN AND SCIENUSTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUM 185 BOISE. IDAHO 83704! (208) 375-1992 FEB.28.1997 1:30PM KELLER ASSOCIATES INC NO.525 P.3i3 February 27, 1997 Meeting Minutes Page 2 of 2 Ada County Hiahway District 1. The culverts must be designed for an HS -25 load. (Calculations were provided to Steve Snead) 2. The engineers must provide inspection, such that Keller Associates can provide a certification that the improvements were constructed in conformance with the Development flans previously reviewed by ACHD. Nampa & Meridian Irrigation District 1. The Developer must be moving forward and making a good faith effort to finalize the License Agreement. (Mike Ballantyne will check into status and direct legal counsel to move forward with additional drafts and finalization.) 2. Efforts to begin construction of improvements must begin immediately. Rod Unja noted It will take a week to ten days to get the culverts. Billy Henson made it clear that progress must be made and that any delays or inaction will result in problems. These items were summarized and Mike Ballantyne asked about formal approvals in order to proceed. Rod Linja suggested that he prepare a summary of discussion or minutes to reflect approval from agencies. Agency representatives mentioned that there is no need for formal approvals and agreed with this approach. After the discussion ended about the lateral crossings and irrigation improvements, other topics such as development and non -development agreements, a single point connection from the water system to the irrigation system, and the common lot versus easement issue related to the Eight Mile Lateral and Final Plat were discussed. This concluded the meeting after 5:00 p.m. NOTE: Please review the meeting minutes. if there are any items that appear inaccurate or relevant items that have not been included, please contact Rod Unja at 575-1992 by March 5, 1897. cc: All Parties MYNOTAWN 2 W ti 7 yj��]�/ D LOPMENT AGREEMENT [TROUTNER BUSINESS PARR] IMCEIVED JAN 3 1 1997 CITY OF MERIDIAN THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Troutner Business Park Development Corporation, an Idaho corporation, whose address is c/o James Ballantyne, 10250 Whispering Cliffs Drive, Boise,da�.o 331-,C4. WITNESSETH: 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 incorpora ed herein as if set forth in full (DEVELOPER is the successor in interest of the prior owners, David Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others, most of whom are now shareholders of DEVELOPER herein]; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agre6ments with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and DEVELOPMENT AGREEMENT - 1 d/realest/troutdev.agr the DEVELOPER has submitted an application for WHEREAS, of that annexation and zoning, or an application for rezone, rt described in Exhibit �A", and requested zoning of certain property Retail and Service Limited Office (L General Ret ice Commercial (C -G) anplat for said subdivision preliminary p p) and has submitted a the Meridian has been recommended for approval by Planning and Zc==y=15 :O�:uniSSUsz; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to land would be developed and what improvements would be how the made; and the CITY has authority to place conditions and WHEREAS, and restrictions upon annexation or rezoning of property; WHEREAS, DEVELOPER deems it to be in its best interest to be enter into this 'agreement and acknowledges that this able to ent in and agreement was entered into voluntarily and at its urging r request; and r�sors), as sole WHEREAS, the DEVELOPER (through is predeces owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a f. The property has been approved for annexation by the Plat thereo ted and and as part of the annexation or rezone the CITY adopted CITY and, approved Findings of Fact and Conclusions of Law; DEVELOPMENT AGREEMENT - 2 d/realest/troutdev.agr WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said CITY Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de - annexation if the DEVELOPER did not enter into a Development Agreement. DEVELOPER agrees, and hereby binds its successors and assigns to this agreement, in consideration for the annexation, rezone, and plat approvals as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2, Zonings C -G• L-0• Conditional Use Permit Process: That the development of the land described in Exhibit A shall be only for General Commercial n(C-G) and Limited office (L-0) and developed as a commercial Planned Development and all applications to develop lots shall be processed under the Conditional Use Permit process for the CITY of Meridian. Two Phase two phases. 3.1 F DEVELOPMENT AGREEMENT - 3 d/realest/troutdev.agr That : Phase is shall be the 11 be in llow\ing lots These 1 attache' 3 1-- t s . L ` 1-12, Block 1 0tos Block 2 Lots & 2, Block is in hase I are hereto. Phase III Lots 9-10, Block 2 Lots 1-3I, Block 3 Lots 5-7,\ Block 3 Lots 1-3 , \Block 4 Lot 3, Block 5 Thee lots in Phase \II attached hereto. [N TE: Lot 4, Block 3, icted in 11 be e depicted ing station ibit B-2 following iibit B-1� f9y� in Phase III will be deeded to Namp�Iltridian Irrigatioii)District as shown on he Plat.] 3.3 Development of Each Phase Separatelv: It is agr d that each Phase wi 1 beNee a atel and i the a eements contained in tht agreeme t f / shall ap ly to each Pha e. hen this agreement c lls for comple ionse er, thaty��.- � 'means the ro s and sew fhall be -'�••r� �i�' _ r �'�'` '�'- � `�' -�1' � /%',/..11-��� :ter. ,1 DEVELOPMENT AGR EMENT d//r�+e-a/lest/trrooutde/v.agr �j\ % r ///q �,.`" � '��,� � ~sir f_.�r`�Y'_ j,,`'. _ ':r'� j _'/r �r,��.�1 j"• ✓/' 1 •tq l 6. that may aff%imctrovement or be affected by the development. Said Subdivision Plans arwincorporated herein and made a part her4of by ' referenc will, at its own\expense, construct and instcAll all pumping 2-tati--ns w ter hydrants, curbs and system, electrical tra cable TV lines, telepho street, street surf re/for Each Phase: DEVELOPER -� or each Phase separately,XX nitary sewers, storm drains, `,• ins and appurtenances, fire u ters, pressurized irrigation pyx Sion lines, natural gas lines, t/`� a li es, sidewalks, cross drains, stre t signs, and barricades as well as any and all other imovements shown on Subdivision Improve ent Plans. DEVELOPER shall also install telephone, lectrical power, gas, and television lines as required for the development 'of each Phase. 7. Infrastructure Installation Standards: DEVELOPER will construct and install all suAah, improvements in Q" -h hasp in strict accordance with the filed and approved plat and Subdivision 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, or as otherwise agreed between the DEVELOPER and the CITY if DEVELOPMENT AGREEMEPa "' - 6 d/realest/troutdev.agr installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. Late Comers Agreements: It is agreed that as part of this Development DEVELOPER will install a sewer line off .property of approximately 1,388 feet (from the entrance of the Development to the manhole cover on Taylor vsnuc ) � +,;-�E�^Z m Y al.: --,o install a water line 533 feet from Meridian Road to the east edge of the Development. The cost of these installations shall be paid by DEVELOPER. However, since each of these off-site improvements can be used by the other land owners, it is agreed that the-XY of—�'"-=`�3a" A DEVELOPER shall pity _enter into a late comers agreement concerning these utility extensions usable by other parties. DEVELOPER agrees to design and construct such facilities subject to t C(A the CITY's , arse e _C,nSts . DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of DEVELOPMENT AGREEMENT - 13 d/realest/troutdev.agr that portion of the construction work which would apply all to eke late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. ' S. Ce?-t�.f_cates of Occupancy Conditional on Completion of Improvements: DEVELOPER agrees that no Certificates of Occupancy in a Phase will be issued until all improvements in that Phase are completed ai,d no Certificates of Occupancy shall be issued in any Phase until the improvements have been installed, completed, and accepted by the CITY; provided, however, ,that this paragraph 16 shall not arily to the construction of the USDA building nn Lot 3 Block 2, which building will probably be completed prior to the total completion of all other site improvements to Phase I. The construction of this USDA building shall be subject to Meridian approvals I outside of this Development/ Agreement. 17. Special Conditions: DEVELOPER agrees to the following special conditions and development requirements: DEVELOPMENT AGREEMENT - 14 d/realest/troutdev.agr the CITY of Meridian a 12' wide pedestrian/ bicycle and emergency easement access way from S.W. 5th Street to Penwood Street on Lot 10 Block 1 in Phase I (depicted on Exhibit B-2), together with approved emergency bollards. 17.5 Ditches: Tiling: DEVELOPER agrees that except for Eight Mile Lateral, all other irrigation or drainage . S 1 7 D�,ch?"i-,ase as :aevelcv edlz s1f.a be tiled or piped. 17.6 Planting Strips, W Franklin Road: DEVELOPER "? agrees to landscape and plant those thirty-five (351) Q .1. foot Common Area Lots, Lot 1 Block 1 and Lot 1 Block 2 r, 3.r along W. Franklin Road. 17.7 Berm and Landscapinct Thirty -Five (351) Foot Western Strip Adiacent to Franklin Square Subdivision: DEVELOPER agrees to landscape and berm that thirty-five-�! ? (351) foot strip on the western edge of Lots 5-12 of Block 1 (except the area covered by the Hammerheads, the pedestrian/bicycle easement over Lot 10 Block 1, or the Eight Mile Lateral) which are adjacent to Franklin Square Subdivision. 17.8 Pressurized Irrigation: DEVELOPER agrees to install pressurized irrigation for each lot in each Phase together with all necessary pumping facilities. DEVELOPMENT AGREEMENT 16 d/realest/troutdev.agr provide that these lots shall be maintained by the Association. 17.15 Storm Drainage: DEVELOPER agrees to provide storm drainage as approved by the Engineer for the CITY of Meridian. 17.16 Individual Lot Sidewalks and Landscaping: shall be const ucted y th ind vidual o owne at he %me o that b ildin 's c di Tonal a permi a d truc ion pursu nt t the C & 's and Des'4 Standards f or BusinesaJPark. 18. Notices: That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: CITY Engineer CITY of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Troutner Business Park Development Corporation c/o James H. Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 COPY.TO: James W. Kiser Attorney at Law PO Box 190718 Boise, Idaho 83719 DEVELOPMENT AGREEMENT - 18 d/realest/troutdev.agr AVA & Company, Inc. New America Network February 3, 1997 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho Meridian, ID 83642 Letter of Transmittal Re: Landscapre Plan:®� Dear Ms. Stiles: Commercial Real Estate Services 6003 Overland Road Suite 204 Boise, Idaho 83709 FAX 322-5910 (208)322-5900 /® no t Individual Members Please find attached a landscape plan for the common areas of Troutner Business Park. This plan identifies the type, number, location and size of all plant materials in the common areas. Please let me know if it is not adequate for your purposes. You will note that some of the plants identified in the pedestrian/sewer easement between Pennwood and SW 5t' will be adjusted to accomodate Fire Department vehicles. If you have any questions or concerns please give me a call I can be reached at (208) 322-5900. Sincerel , Michael J. Ballantyne attachment NEWAMERIQ.\ NETWORK. Your Partner in Real Estate Services Worldwide K KELLER ASSOCIATES, INC TO: City of Meridian Mayor & Council FROM: Rod J. Linja, P.E. � -( DATE: February 3, 1997 RE: Troutner Business Park Final Plat FEB - 3 1997 CITY Or IMERID11 MEMORANDUM This Memo is in response to City of Meridian staff comments dated January 30, 1997. We have had the opportunity to meet with Shari Stiles and Bruce Freckleton to coordinate issues. This letter is written on behalf of Jim Ballantyne & Partners, and we are hopeful this response helps clarify issues about the Troutner Business Park. The format of this Memorandum follows the January 30, 1997 comment Memorandum numbering sequence. RESPONSE TO GENERAL COMMENTS O.K. Except for the Eight -Mile Lateral, active ditches will be piped across the project. Final Improvement Plans have been submitted to the Nampa & Meridian Irrigation District (NMID) and we expect final comments and approval shortly. We have coordinated other private ditch improvements with adjacent property owners. 2. O.K., comment understood. If existing wells and/or septic systems are found during construction, appropriate measures will be taken. 3. O.K. During the preparation of our Improvement Plans, several holes were dug and monitoring wells installed. We also had a representative from Kleinfelder, Inc. (specializing in soils and geotechnical engineering) take soil samples. This data will be assertlbled and submitted to the Public Works Department. • 4. O.K. We have met with NMID representatives regarding their ownership, operation, and maintenance of the pressurized irrigation system. We formally requested this action in our December 31, 1996 letter to them with the Improvement Plans, and they have indicated their willingness to assume this responsibility. 5. O.K. We will provide NMID approval letter when we receive it. A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (208) 375-1992 Honorable Mayor & Council Troutner Business Park February 3, 1997 Page 2 of 3 6. Comment acknowledged. We are not requesting a single -point connection to the City of Meridian's water system. 7. O.K. This response Memo to the City comments is submitted today prior to the scheduled hearing. Also, we will submit three copies of the revised plat prior to Improvement Plan approval. RESPONSE TO SITE SPECIFIC COMMENTS 1. O.K. The L -O zoning for Lots 5-12, Block 1 and the remainder CO zoned lots will be indicated on the plat. 2. During the Preliminary Plat process, City staff provided comments dated July 3, 1996 that read, "The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Lateral". Since this time, construction phasing has changed due to interest and success related to the development of the lots. We are immediately providing two accesses to the Plat. To address the Fire Department concerns, we met with Kenny Bowers and Ray Voss to discuss alternatives. The agreed upon solution includes providing emergency access across Common Lot 10, Block 1. This lot will be landscaped and provide a concrete pedestrian/walkway path. A "grass-crete" landscaping feature will be constructed on both sides of the pathway providing a hard surface for Fire Department trucks. Further, we will construct bollards at each end of the lot to prevent direct public access. This provides a second access to the plat and also provides a secondary access to the neighboring residential subdivision. The access to Meridian Road through the Fuller Property easement would be constructed, if needed, during Phase 2 which is indicated on our Improvement Plans. This would provide a total of three accesses to the plat. Therefore we request that this comment simply be changed to the former comment that reads, "The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Later." 3. O.K. Comment understood regarding building permit issuance. 4. O.K. Comment acknowledged regarding street lights. 5. O.K. A pedestrian walkway has been designed and is shown on the Improvement Plans. This Common Lot will maintained by the business park association. 6. O.K. Detailed landscape plans for common areas will be submitted. A -i Honorable Mayor & Council Troutner Business Park February 3, 1997 Page 3 of 3 7. O.K. A Development Agreement has been submitted to the City. 8. O.K. We are in the process of developing a License Agreement with NMID. 9. O.K. Perimeter fencing will be constructed. 10. O.K. Comment understood regarding Conditional Use Permits for lot development. 11. O.K. Temporary turn -around easements will be removed from the plat. 12. O.K. A planting strip will be provided on the back side of Lots 1, 2, and 3, Block 3. After meeting with City staff, we agreed to show a 20 -foot landscape setback from the back lot line for the planting strip to be constructed at the time the lots are developed. 13. After meeting with City staff, it was agreed to strike this comment. We are providing the NMID a 60 -foot easement for the Eight Mile Lateral and are working on a License Agreement to provide landscaping in the easement area to be maintained by the business park association. The 60 -foot easement was shown on the approved Preliminary Plat. The Lateral will be fenced on both sides. The north fence will be on the easement line which also contains the canal maintenance road. The south fence will be at the top bank of the lateral and landscaping will be provided to the south. Therefore, the actual "working area" of the Lateral will be fenced and the remainder will be landscaped and maintained by the business park association. This should provide a positive solution and result in a long-term quality aesthetic solution. Lastly, the easement with NMID will prohibit any other permanent encroachments such as buildings within the easement. 14. O.K. Mike Ballantyne, Rod Linja, and Dave Hughes met with Shari Stiles and Bruce Freckleton last Friday, January 31, 1997 to discuss these items and plat items. Meridian City/Rural Fire 716 N. Meridian Meridian, ID 83642 February 3, 1997 Mr. Rod Linja Keller Associates, Inc. 545 Benjamin Lane, Suite 185 Boise, ID 83704 RE: Troutner Business Park Fire Department Review Dear Mr. Linja: This letter is in response to your request regarding design improvements for the Troutner Business Park. We have reviewed the design features that you have proposed, and this letter confirms our approval of the following items: 1. The "hammerhead" turn -around at the end of W. Pennwood Street and W. Barrett Street that will be constructed within the Troutner Business Park for service to the adjacent Franklin Square Subdivision. 2. The paved 50 -foot temporary turn -around at the south end of SW 5th Avenue and north end of SW 3rd Avenue. 3. The 40 -foot temporary turn -around that separates Phase 1 and Phase 2 construction. However, this turn -around must also be paved. 4. The secondary access through Common Lot 10, Block 1 that provides emergency access. This access addresses our concern regarding development south of the Eight Mile Lateral for Phase 1 as we discussed at a recent meeting. This alternative not only provides access to your proposed development, but also provides a secondary access to the "dead end" portion of the Franklin Square Subdivision. Your design must include bolards at each end of the access and must be 12 -feet wide with a concrete walkway centered about "grass- crete" landscaping material. Another access must be constructed as part of Phase 2 construction such as your design connection east to Meridian Road or other potential connections that could be part of other roadway improvements in the area. We hope this letter addresses the items you wanted clarification on, as well as for other agencies. Please call me at 888-1234 if you have any questions. Sincerely, Kenny W. Bowers Fire Chief, Meridian City/Rural Fire a MERIDIAN CITY COUNCIL MEETING: Febr ,anr 4 1997 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 5 REQUEST: FINa1 AGENCY COM— MMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Pl&x to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX QW) 8874813 Public Works/Building DepaAment (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor & Council From: Bruce Freckleton, Assistant to City ' eer Shari Stiles, P&Z Administrator G Re: TROUTNER PARK SUBDIVISION (Final Plat - By James H. Ballantyne & Partners) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY January 30, 1997 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. 2. 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. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5. Submit letter from Nampa & Meridian Irrigation District for subdivision and pressarized irrigation design approval. A letter of cmt, cash, or appropriate bonding will be required for these improvements prior to sieoature on the final plat. Qt0FF1CVxWPWffAWPDo "'417RAtnNM.FP Mayor and City Council January 30, 1997 Page 2 6. Developer shall be responsible for payment of assessment fees and meter costs associated with a single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. 7. Please address in written form all items contained in this, memorandum, both General and Site Specific, and submit to the City Clerk's office prior to City Council action on this application. Prior to development plan approval, three copies of the revised plat must be received by the Public Works Department to review compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS 1. Indicate on the plat that building Lots 5-12, Block 1, are zoned L -O and that the remainder of the lots are zoned C -G and must meet all applicable zoning regulations as detailed in conditional use permits. 2. No development shall be allowed south of the Eight Mile Lateral until a secondary access is constructed into the development, either through the Fuller property or to the future Corporate Drive Extension. The secondary access shall be via an easement dedicated to the Ada County Highway District, if acceptabe, for public access or more preferably by fee simple deed to the Ada County Highway District for public right-of-way. The secondary access shall be improved to Ada County Highway District standards. 3. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 4. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. A letter of credit or approved surety will be required for streetlight installation prior to signature on the final plat. 5. A pedestrian walkway shall be designed and incorporated at Pennwood Street which will be owned and maintained by the business park association. 6. A detailed landscape plan for all common areas shall be submitted for approval. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. A:ITROUTNER." I Mayor and C' ouncil January 30, 1997 Page 3 7. A development agreement is required as a condition of annexation. 8. Submit an executed license agreement with Nampa -Meridian Irrigation District for encroachment/roadway crossings prior to scheduling a pre -construction meeting for the development improvements. 9. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 10. All uses proposed for this plat are to be approved under the conditional use permit process for a planned development. 11. Delete Note 7. John Priester, the Ada County Surveyor, has recently indicated that it is not desirable to show temporary turnarounds on the plats, because it is then a dedicated public right-of-way that must later be vacated. Mr. Priester stated that the best solution to this is to record an instrument, either prior to or after plat recordation, providing an easement for this purpose. The document would have a provision that the easement would automatically be rescinded once the streets are able to go through. 12. Twenty -foot -wide planting strips are required to be placed adjacent to all residential Properties in accordance with City Ordinance Section 11-9-605.G. A planting strip needs to be added on the easterly boundary of Lots 1, 2 and 3, Block 7. The planting strip shall not be a part of the normal street right-of-way or utility easements. This requirement has not previously been discussed. Staff would support inclusion of this planting strip for each individual lot under the conditional use permit, but a setback line should be indicated on the final plat. 13. Designate the entire Eight Mile Lateral easement, including the pump station, as a separate common lot to be owned and maintained by the business park association or Nampa - Meridian Irrigation District. Fencing needs to. be provided on both sides of the easement prior to obtaining building permits. Due to the fact that Nampa -Meridian Irrigation District does not seem to care about the aesthetics of their laterals, ownership by the business park association would seem to be preferable. 14. Staff would like to set up a coordination meeting with the developer and his engineer to discuss various items on the plat that need clarification and/or revision. We believe these additional items can be handled at staff level without City Council's involvement. A:%TROUFNER.FP WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Deportment (208) 887-2211 Motor vehicle/Drivers Kase (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MI= ICCpC 78Gr4LT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z C:)MmlgSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 28 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2114 /97 REQUEST: Final Plat for Tmmofnor L� LOCATION OF PROPERTY OR PROJECT: S" of Franklin Road W. of Meridian Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 MERIDIAN SCHOOL DISTRICT =MERIDIAN JIM SHEARER, P2 POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, PfZ KEITH BORUP, P2 ADA PLANNING ASSOCIATION ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT =SETTLERS CHARLIE ROUNTREE, C/C WALT MORROW, C/C IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) GLENN BENTLEY, WATER DEPARTMENT U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELI FINAL PLAT) SEWER DEPARTMENT BUREAU OF RECLAMA ION LI CITY FILES BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT __OTHER YOUR CONCISE REMA�K ; CITY ATTORNEY v CITY ENGINEER CITY PLANNER RECEIVE JAN = 9 ae97 MY OF IMERIDIA?4 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Platz to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ]IDAHO 'sI` "2 - (208) 888.4433 • FAX (208) 8874813 Public Works/Budding Depadneut (21N) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 28 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT. S. of Franklin Road W" of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z GREG OSLUND, PfZ ADA COUNTY HIGHWAY DISTRICT K�""~`�N =ADA KEITH BORUP, P/Z PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH .104 4 i 1 q ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT =rrl Gi. WALT MORROW, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT SEWER BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) DEPARTMENT BUILDING DEPARTMENT - CITY FILES ` OTHER:_ �— FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER~ 5 r.a Rra.� sj c hjs (4#0— K t � e CPI CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CEN I RAL DISTRICT HEALTH DEPART MENT Environmental Health Division Conditional Prelimin / Fin / Short Plat ,E72� jFC1 f/.✓��S �,�^/C Return to: ❑ Boise ❑ Eagle ❑ Garden city AF� Meridian ❑ Kuna ❑ ACz ❑ 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. JAI,I ❑ 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 ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 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 0 central water ❑ individual sewage ❑ individual water ® 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: H central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines B central water 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 w'�t-AM Ay A o r -r= Ftp t,.; i.%; 7e Date: W *L dz J3E poxF S Ch A e4 IN a Reviewed By: UND 10191 d, rev. 1196 Review Sheet CENTRAL •• DISTRICT HEALTH DEPARTMENT INN OFFICE - 707 N. ARMSTRONG FL • BOISE. ID. 83704 • QM 3755211 • FAX. 327. To prma and treat disease and disability: to promote healthy Watyles; and to protect and promote the health and quality of our a STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: .1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOP, STORMWATER AND SITE DRAINAGE MANAGEMENT. soma Valley. num Boase. mud Ada Counties AW / how Cesar an wee k" • ma"M 11 . comowft &moa couch ale. Ve w o. am* v a !a IL/ 707 K Anawq a lamft" OE&NS W K a 6„iananld K@0 i Lox sail. 0. &3701 50M. 0. mal lion Homs. a I � i m ftw E FK 6*111P1 Pty 4 EMM Hbt 327.7199 &3705 PR 331.3356 6J6�V 9� 5&7�i01 MWtW MW*. 0. Far* plomtq 327.7400 321 MOOM Q W7 PR W*= SU DIVISION EVALUATION %. IEET Proposed Development Name TROUTNER BUSINESS PARK City Meridian Date Reviewed 01/16/97 Preliminary Stage Final XXX Engineer/Developer Keller Associates / Jim Ballantyne 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 existina street names shalon the ala& as "W FRANKLIN ROAD' "W PENNWOOD STREET" 48-W. 3RD AVENUE' °S W 5TH AVENUE' 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, AG REPRESENTATIVES OR DESIGNEES /l ' // Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley S Representative Representative Date Date A — l ate Date 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 fill Subindex Street Index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKS OX TMSUWSM CITY.FRM 13 January 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE. Final Plat for Troutner Business Park Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District's Eight -Mile Lateral courses through the middle of the project. The right-of-way of the Eight -Mile Lateral is 60 ft; 30 feet from the center each way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. A# municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466- 7861 for further information. 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, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln pc: Fi/e - Shop Fi/e - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BUSE PROJECT RIGHTS - 40,000 SUBDIVISION EVALUATION SHEET Proposed Development Name TROUTNER BUSINESS PARK City Meridian Date Reviewed 01/16/97 Preliminary Stage Final XXX Engineer/Developer Keller Associates / Jim Ballantyne 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 as: "W. FRANKLIN ROAD" "W. PENNWOOD STREET" "S.W. 3RD AVENUE" "S.W. 5TH AVENUE" 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, AG Y REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester kl Date Ada Planning Assoc. Ann Hurley Date�- City of Meridian Representativeate I—,(4(o -OF It Fire District Meridian Representative Date 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 lilt Sub Index Street Index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKS ®9 TR\SUBS\SM_CITY.FRM to, NILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS .1. SUMMERS, Parks Supt. SHAW L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: S. of Franklin Road, W. of Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: KELLER ASSOCIATES, INC. Letter of Transmittal To: City of Meridian Mayor & Council From: Rod J. Linja, PE Date: December 23, 1996 Re: Troutner Business Park Final Subdivision Plat and Development Plans The attached application constitutes the final subdivision plat and development plans for the Troutner Business Park. Included is a copy of the final subdivision plat checklist and the following items: • 30 copies of written application • 30 copies of deeds • 30 copies of statements of conformance • 30 copies of the street Name approval letter from ACHD • 3 copies of development plans • 30 copies of 300 scale final plat (8 1/2 X 11) • 30 folded copies of final plat (pages 1 and 2) • 3 folded copies of final plat signature page (page 3) • A $380 check for the filing fee (38 lots X $10/lot) We intend to plat the entire subdivision at this time and phase the actual construction through the use of non -development and development agreements. We request final plat approval and agreement approval at the earliest possible city council meeting. We understand that would be on January 21, 1997. We look forward to working with the city on the development of the Troutner Business Paris. Please call me or Dave Hughes at 375-1992 if you have any questions. Cordially, Rod J. Linja, PE dh/RJL A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES. INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (208) 375-1992 0 N in 0 0 9w 'a twe g 3� n' mwn wm�va 3� n nzs� x azawz N �2 @ 4lDi $ 9w 'a twe g 3� n' mwn wm�va 3� n nzs� x azawz REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. 4. Density per acre .97 5. Zoning Classif!cation (s) L-0, C -G GENERAL INFORMATION 1. Name of Annexation and Subdivision,Troutner Business Park 2. General Location, S. of Franklin Road, W. of Meridian Rd. 3. Owners of record, Attachment A in City files Address, 10250 Whispering Cliffs Zip 83704 Telephone 375-1966 4. Applicant, Jim Ballantyne Address, 10250 Whispering Cliffs Dr. 5. Engineer,Jim Keller, P.E. Firm Keller Associates, Inc. 545 Benjamin Ln. Address Rnicp, TD . Zip 83704 Telephone375-1992, 6. Name and address to receive City billings: Name Jim 10250 Whispering Cliffs Dr. -Ballantyne- Address Boise, 10 8379 Telephone 375-1966 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 39.29 2. Number of lots 38 3. Lots per acre .97 4. Density per acre .97 5. Zoning Classif!cation (s) L-0, C -G 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification R-14 and RT 7. Does the plat border a potential green belt No 6. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed ddic t * p5:0& common are s? Yes Lot 1, BI'C 1 & Tot �, 1 andscapinq at tfdrice Explain Lot 10, Blk 1: Pedestrian walkway & utilities For future parks? No Explain_ 11. What school(s) service the area Meridian Dist. No. 2_, do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Yes Water Supply Central Water Fire Department Fire Hydrants Other 35' Buffer Setback Explain Buffer adjacent to Franklin Square Subdivision. 13. Type of Building (Residential, Commercial, Inclustrial or combination) Commercial, Industrial, Office and Combination . 14. Type of Dwellings) Single Family, Duplexes, Multiplexes, other_ No dwellings anticipated 15. Proposed Development features: a. Minimum square footage of lot (s) , None required b. Minimum square footage of structure(s) None required C. Are garages provides for, NL_square footage N/A d. Are other coverings provided for No e. Landscaping has been provided for Yes , Describe Landscape setback buffers as shown on plat (2) in landscape setback areas - f. Trees will be provided for V , Trees will be maintained by individual lot buyers and Association. g. Sprinkler systems are provided for Yes h. Are there multiple units Possibly Type attached remarks office warehouse attached units i. Are there special set back requirements Yes Explain Along Franklin Road and adjacent to Franklin Square Subdivision. j. Has off street parking been provided for YPg •Explain Lots will have on site parking k. Value range of property Market Value 1. Type of financing for development Conventional M. Protective covenants were submitted es Date_12/23/96 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. 4. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat will include all appropriate easements. Street names must not conflict with City grid system. (3) STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. Jim Ballantyne, et al, will comply with Statement Number 1. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Yes - Jim Ballantyne, et al, will comply with Statement Number 2. 3. Development will connect to City services. Yes - Jim Ballantyne, et al, will comply with Statement Number 3. 4. Development will comply with City Ordinances. Yes - Jim Ballantyne, et al, will comply with Statement Number 4. 5. Preliminary Plat will include all appropriate easements. Yes - Jim Ballantyne, et al, will comply with Statement Number 5. 6. Street names must not conflict with City grid system. Yes - Jim Ballantyne, et al, will comply with Statement Number 6. 7. Covenants. Covenants are being prepared but the applicant needs to work on the entrance location with City, ACHD and Henkels & McCoy Contractors to determine if the 10' landscape screen is needed or not. This will affect how the covenants are prepared and submitted to the City. 8. Seasonal groundwater. The Soil Conservation Service, Soil Profile Report for Ada County lists this property as moderate limitation for septic disposal systems with groundwater within four feet of soil surface during peak irrigation system usage. 9. Traffic impact. ACHD traffic design guidelines and regulations will be implemented. STATEMENTS OF CONFORMANCE 1. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof. The final plat of Troutner Business Park and the development plans are in conformance with the approved preliminary plat. All items for approval from the City of Meridian and the ADA County Highway District have been incorporated. 2. A statement of conformance with all requirements and provisions of this Ordinance. All items of this ordinance for final platting of the Troutner Business Park have been incorporated. 3. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. The final plat and development plans for the Troutner Business Park have been prepared according to standard engineering, architectural, and surveying practices. All city, county, and state standards (whichever are the most stringent) have been followed. Jim Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 David L. Nordling P. O. Box 7705 Boise, ID 83707 Paul Troutner 629 W. Richmond Lane Boise, ID 83706 (208) 344-5764 Owners of Record Art Troutner 707 Troutner Way Boise, ID 83712 (208)344-5956 Dennis E. Heeb 3430 Americana Terrace Boise, ID 83706 Edward Jenkins P. O. Box 6106 Carefree, AZ 85377 (662) 488-9209 1x18000331 ' M-29413 Tour No. TROUT=, RT xL/innaN SCHMMLs S - section 2 Excrxrio"s Any Policy we issue will hive the following exceptions unless they ar` take care of to our satisfaction. PART Z: 1. Taxa& or assessments which are not shown as existing liens by the records of any taxing authority that levias taxes or asseessenta on real property or by the public records. Z. Any facts, rights, interest, or claims which are not shown by the public records but which could be aecertainod by an inspection of said land cr by making inquiry of persona in posseasion*thereof. 7_ Eaaenents, claiss of easement or encumbrances which are not shown by the public records. 4. DiscrepanCies,-conflietY :.; boundary lines, shortage in area, encrcach-ants, Or any other facts which a correct survey would dinc)o_s, And whish are not shows, by public records. `-• - - tented n_..ing Claims; (b) reservation* or ex_e?= cr.s :n ?atenC3 or -In . Cts author.:ina ,..._ _ .ssuan_c -nerto:. is water _:;r.s, clai:a or _i_:a _„ _;,sones �r not t16 natters excnptod uncc �'e tho publi. records. .'c_ se= ccs. Labe. _: "eret-fore or hereafter .urr.;shec. ;=posed^by lam and nct shoun by the public records. continued The foregoing numberai axceptioi s ;1-6) may to elininated in an Extended Coverage Policy. EXHIBIT B "WAn%W 9 ?4 z, OF 8 ■ _i On trus ._C c_ "YOf � �_- l t 1937. betwe me. a Noah a,tMrc nand to, sa.d Slat_ parson4,1 Zpeare0 RICHARD E. ADAM$ aro ROBERYA L ADAW, known or *arwtA�-d IC me t0 tX the Pemon6 wrtMe names are Sv[Y1nbed n Ine wMsn and b'egowu rswurTnnt. nn7 4cKn0.►6e0ge0 to me Inat n dey ezeccrte4 ttte Sam! , AN WITNESS WHEREOF, I have nerr-jrno jai my nand Aw arttaed my orrctill; ey me ddv i++d rear in tm,. certtftcate Irst above wrmen. Nogt�ryr�PA f ldafro y n.y mntrnsson e%;,ve ju - -)-J 7 WAAR4hT7 C4.CD. 0 r 11 F�1TluWµENI' 9 DEQ � ob 8 .. w c3clq :.a 1-2 �L< 1ti do ooz;;2ti WARPA117Y DEED j FOR VALUE RECEIVED. RK>Luo L ADAM data ROBERTA L ADA14% ttust}ard and +tee. GrareoM 00 hereby Oram ballPA. eN Gina a>nvey ureo 90WAPSI 4 JENKM Ana DILLYE R .3El1KiN9.tusautoswnte.Orertees.wl+veGibares�d!y�,]i ot:•�w�td .+fir r.+co..,cc.c, Ginudv+or410-9375%tGietGistinovtoY»mat propnry6"crbd on Ertti4t '/\' snam•a twom wNcl1 is bCAWd h A4& Cowty. Natio. i A*a b N *xc*pWM. mserva bOm kt*M a, befits, "Wror'M Gina W is of ..aY of rGiwd. trrPLov but not firmed to e.eeptimu and reswo om owearoa in pi1 own born the Unsed Stas.,, e»tsrq ease>Rrs n We roan. tvtnr*Ys- ox:- e . cirtstL Neral and power and trerrl-mora+ ■". am haow* r+ndert to Vw wiciuson of Rte (and wttm ttte wwl wm d ft Narr amw0im krgssnn owro- TO MAVE AND TO MOLD Vw sab ot*T aee. erm Vter aopursvnarrft. unto ttte Salo GtMe,". Vw. hoes. Suocsssors and 3$Lgv to.evm. Gramm w rwebrr wver►arY to aro wen Grow" vw 0»Y we the owrwrs in tee setpfa of sad urk7voe0 vserest wt Utr praam" and that sad p nA" are it" arra psit from an enCsMOrances. AND THAT THEY WALL WARRANT AND DEFEND the same "m as urwtW claret wttacsnever. SUBJECT. HOWEVER. fo ttte raceperts w0d on Eand -B" attad*a hereto. IN MrfTNE54 tr11EREOF. Grantors ntve homw%o eaeouled It= Warranty O"o Inc•,-_- aay 1993 T 0 J ? i _ _ CRANTDR9: FIRST- - RICHA4DL ADAMS ROBERTA ArJAMS On trus ._C c_ "YOf � �_- l t 1937. betwe me. a Noah a,tMrc nand to, sa.d Slat_ parson4,1 Zpeare0 RICHARD E. ADAM$ aro ROBERYA L ADAW, known or *arwtA�-d IC me t0 tX the Pemon6 wrtMe names are Sv[Y1nbed n Ine wMsn and b'egowu rswurTnnt. nn7 4cKn0.►6e0ge0 to me Inat n dey ezeccrte4 ttte Sam! , AN WITNESS WHEREOF, I have nerr-jrno jai my nand Aw arttaed my orrctill; ey me ddv i++d rear in tm,. certtftcate Irst above wrmen. Nogt�ryr�PA f ldafro y n.y mntrnsson e%;,ve ju - -)-J 7 WAAR4hT7 C4.CD. 0 r 11 F�1TluWµENI' 9 DEQ � ob 8 .. w �� .h'+^�!1i+..ih i. ..aGc. - `w+i'st '''�1�• , :S.'\ nacOxDnfo'xx7 v" TO: DXIQFiT.r tx '� ;>.�. • . •" : ` >Stsisa, Idabo 93707 QUITCLAIM DEED GRANTOR: GLEN L. IriDSON end LqA P. HUDSON, husband and xtfe. GRANTEE: GLEN L. H=SON AND IMA p. HUDSON, AS ^O•TRUSTE 5 Or THEE GLEti AND'M HUDSON TRUST UNDER TRUST AGAEEMEEN DATED MAY 14, IM AND T%MIR SUBSTITUTES AND SVCCESSORS AS TRUSTEE THEREUNDER. G—RANTEE'S ADDRMES: 4850 N. B'caci Cat Road, Meri3:aa, Idaho E3e;2. ZE3CP.IP-ION OF RriL P;tOPERi Y CONVEYED BY THIS %LED: PC --40a aS the Northeast vuarer of Se:aon 13 ToM:.c�:; 3 ---_ Range 1 W6---,, S011e MAV -d aa, Ada COL•.;;/, Idahn, more pa. -=cuter - :obaws: carmen; L�q .c: Lys Eez: q_a:.ar erns: c: said secDen � _= -- - Jn1:1q and st_D--. -- 3 N., R. 1 X., E.M.; then:.• -•.. North 0022.35" East. along t*.e Seen Una common to s 22 Sec= :c and 18, 1000.23 :eat to a pcLnt, acid point being on the Southeast = :r.e. the North half c_ the North Half -.4 the Southeast Quarter of the , •,.as: Quarter (N 1/2 N 1/2 SE 1/4 Ira 1/4) of said SecUon; theece South 69047.06" West along the Southerly line of said is 1/2 n1;•2 SL' 1/4 h'E 1/4 r± cxtion 13, 533.24 feet to a polut, said pour' being :he REAL POINT or BEGINNING; thc-1ze eontinulag along Lie sa:d ;Os: e::j Una South South 89°47.064 W"t, 790.51 feat to a point. being :214 Southxest corner of the 11 1/2 N 1/2 SE 1/4 NE 1/4 of said SaetWn 13; thence North 0013148" East, along the verterly bound --y of sa•._ 5E 1/: NE 1/4, extended, said Tina being the 1./16 Ibis, of said SecOoa, ,5j.Is :eat a a point 0A the center line of EIGIRT ?TILS LATERAL; thence- South hencesouth 57008'46• East along the Center lint of EIG'_-iT !• LE 766-38 feet to a Point on the Northerly boundary of said N 1/2 N 1!: HE 1/6 of said Sa-C1on; thence 1 __QUITCLA 24 DSD � E13j=-r To at wumamt Ja favw of X & V, I=, an Idaho =xp-m. ation. !t-rz road as set firth ixr ouftlaim bond ro=cdied Auquet. 17, 1579, leo. 79<S612, Off$dd Re- of Adis Cm=W, Who. subject to an *uc.L=bra=@* tha*n. -.TOR-,.V;JJUX: RZC=V=.* thC aboVii-o—ofl_ does Hwy, r=Lmp: wad fzrov*r QUrrCLMX =to the above-namod 0:-&:- - x it real pr --arty &bov* dtocrtmd, w9orthow with the rhis dood.is given for astato plawaing puxpo"S to V*5 _U4 _a & revocable hvlz4 tru Ft oetabliib*4 by M-antor pirtikt. hr,:A it no valuable =ozid*r&tiof93z7CUh Or P-_OP4M- 1 DAM 989. GUM L. Box ly ze D= -;iPz4w-2 of -3 Pages " _ ....-�; yV•,..`.•'yr�-fCC++:�i _t —` f,• `;•4 ; •�'�' •••• '::;� • �1�.�1rf•-A!�rr�I,��.a��'ls::r . N ImX, J11 IAI r T • E13j=-r To at wumamt Ja favw of X & V, I=, an Idaho =xp-m. ation. !t-rz road as set firth ixr ouftlaim bond ro=cdied Auquet. 17, 1579, leo. 79<S612, Off$dd Re- of Adis Cm=W, Who. subject to an *uc.L=bra=@* tha*n. -.TOR-,.V;JJUX: RZC=V=.* thC aboVii-o—ofl_ does Hwy, r=Lmp: wad fzrov*r QUrrCLMX =to the above-namod 0:-&:- - x it real pr --arty &bov* dtocrtmd, w9orthow with the rhis dood.is given for astato plawaing puxpo"S to V*5 _U4 _a & revocable hvlz4 tru Ft oetabliib*4 by M-antor pirtikt. hr,:A it no valuable =ozid*r&tiof93z7CUh Or P-_OP4M- 1 DAM 989. GUM L. Box ly ze D= -;iPz4w-2 of -3 Pages " _ ....-�; yV•,..`.•'yr�-fCC++:�i _t —` f,• `;•4 ; •�'�' •••• '::;� • �1�.�1rf•-A!�rr�I,��.a��'ls::r . N ImX, ; ski >saa; as�.to:a�3:19t 1zadi,iridedtiatezea M tT''a �D �•-seEs a•a� r/o Ballsatyps; Land : �TZO �ritirvi t� bose:`i urreae• d eases a :-' = • . • .: •,r ``r?. -:r :?�,': °M';7lvaane:..8oise,° • = ' 63706, Ka grsatees; the falloia - r �= described. prsa►ises; to -•wit: All that part of t1jt3 Wutkwest quarter of the Northeast quartet of the Northeast quarter of Section 13, Township 3 Eioreh, Range 1 West, Boise Meridien, Ada County, Idaho, lying North of the sedating center line of Eight !tile Lateral Of tb411 Nampa and Meridian Irrigation District Ota the same is now const=cted over and across said land. S aid parcel is approximately six acres, more or less. Together with all and singular the tenements, here•iitaments and appurtenanceo thereunto belonging or in anywis, apper tniningt and all water, water rights, ditches and aitch rights appurtenant thereto or conrincted therewith. Subject to all easements and rights-of-way of record or appearing on the land. SUBJECT To that certain Deed cf Trust wherein N c I). Inc., an Idaho corporation, is the grantl)r, Title and Trust Company, an Idaho corporation, is the trustee, and Euqene P. R•)s5 and Barbara J. Ross, husband and wife, are benPiiciari•is, dated the 16th day of June, 1982, .Records of Ada Cour—, Idaho, anc,, the a; -Z of trust indebtedre . , secured thnrc!D , »it ;ch Teed c Trust and deed of t:_15t indebtedness is not a herein. asurle•i �y Graci�ecs Grantor does futtner COnvey t.•n--o sisid OaSEInenL Crcating ingress c:nd ogress rO,a.:H:,yS .O. _.,� i,•_•t._ •`. said Premises, as particularly described on Exnit;i hereto and by this reference incorporated herein. TO HAVE AX:) TO HOLD the iusid prrtniaec, w ith ;heir alillurtclrances un:r, int tale (;r.rnil -a their ttrirs a and .siy,•na fore%•rr. Ar:d il•►..:,1 .,t:r:.ntc,r fines hclrtcy ,•.a,•. .. ,nti Mita tfie said Cranl•eg , thaL xbx it is the utanrr in far :inipit •,f :at tl r Lary• U::1;, c:.it: PI"list& ave frte f►tien all incun.t,rartte., , except current taxes and as s: 1 sment S, Which dre a lien but not yet duo and payable, and easements and reScrLr.tio:is of record or visible on the premises. and that /-t* will warrant and Wend the P -1191e 11-0111 Ull tau fui t•l:rirr4 Wh:tLa,Wit•r_ Da ted : v7s"', 1482. -- -- C D, 1.04C. ATTEST'!, xxrr dtt�CJ _ g �lcy� �.�...___ __.hoK.SP.EDtC SY.ttE gl;,•IVAIto•cot%XTY of ADA M&Tx of tnAlv). COUNT" or - -- - o• tl+ia %-1'. day of June . is 82 I y trrtfy that his rs:,t:vn.tn; Ma -J 1..► rrr..rd ,t bcfire n•t► nwtary paLtie in and for ►4141 Stalf. per%A1..Ily 1l r1 r r• p,,.bert of lawyers 1, r-: Me 13,06.t,d I- HOARMN G. FULLER and SIiANNON $Ei R(c•_3CnoVpj t0 .ITC to be the Presi- i at 11120 rnin 1t, s past errt� ?tG CCII@t:i ct.ck�in„ $ �, ry, respectively, Of this /CP d.y of he abbve-named corporztion, and I llr �.� ra my 1.Irce, .wj dull n...rded ,n uw4Le t_ Of meds at page kn nnhQ m 1 C tat t+eraor6 tt•h a I—es arr: rd�.tr3,p�ei,e fit�l�t�onrFR�tRR��Tnb°J?La..tederd t. ' JOHN DASTiG_A _ me that said corporation tsrcuced tl•e ►oma 1'x•pf'ccre l:r:..rdtr • ' - �.�.�.:.� 1ty ):awry r,btie xttta;aR.t BoiCald+ha I rrr■ i L n.,o;r.-- I Gomwt. EaYirce . __. .. _._.— ....__ • � tad tn. . �LOfial21r3 RsQQt81'�D 87l TW0003 lhxtvlT Wa+ YXCCSMItD HMM TO; TBCNM NZXRT C%O TCN 3 1 1217 aalcror Plitt WtSt, to a3704( -1S41 MML TM iTltUMENTB To. PNtl i Tta+twr ono Ions K ltwtaer L29 Yost titladod Letts Noise, SO 43109 .roe hw•+•.tisst !. D.:.11D tt :VAF.1RO . 1864000345 BOISE 95 FEES _ "Caltutt . JCST Or TKMT TYAMF8R DZED Doetrwntary transfet tax 16 none, No Canaldetetien. Paul N Trostrwr and Ione X :rwtner, husband and rite hereby CANT their Lhtorest in the below described property to ePaul W Trwthor and lone N Troutner, as Trustees Of Tse TRUST Or PAUL L 17Nt TROUTZZR• the following described property. in r:ta County of ADA. State of Idaho: All that port of the Sow of The RL4 of the 1104 of section 17. T 2 V. R I w. sols• weridian, Ada County. Idaho, lying Worth of rho eaistinq center ;ihe of tight nils Lateral of the Nampa and meridian Irfigatlon Diatrict as the same is now eotatcwtod over and across sold land. Sasd parcel it approstnatr;y Sia acres• mote be less. Together with all and singular the tenea..nts, meradttanenta and arvur!p�4n•.e. thereunto bsltmging or in anywise appartatning.: ant watee, water ri7h!s, dt%Chea 6nd•ditch rlOhts 4FPw9ten4A% thereto or Conn -etre thetewi!h. iub)ect to all •aaesents and rs9nts of .+y or record or appearino cn .+••a. SUDJLCT TO that certain Deed of Trust vherenn M L M. lnc., an learo ccrvocatton, is the etantor. Title anu Trust Corsyany, an tdaho wrr'r+•.r-•. the trustee- and eu9ene F. Ross and aaroata J. Ross, nusband and w.. .. PMetiClartes• dated the ;nth $ay at June.. 1992. Fecords or A4& and the aped at trust Inaebteone72 seCUred thereby, which Deed of ':.sr +n: Cepa of trust tnoebteoness is net as�d by Orsnt►es nee -in. Grantor does further r_onwy unto aAld Grantees that cect•!n ingcwas and •press toad -ars for the benefit et said pteu S. es P+:::cula:lY deaerlbed an Exhibit 'A' attached hereto •nd by this reference inp,4rv*r4r,.l heretn_ Dated: .d_ _Z•5+_ Fau: W Troutner n �- srATt or ttww t her COUN4yt� on ;V . before ern r petsonally.aPp^ar.o T+ul N Troutnes and lerle t Ttwinet mown or titso, jg,pe for proved to ar on the basla Of satisfactory Widencol to be the "096ni.0 Gneso nametah are subscribed to the within inatrument, and aeknw'ledtted to -lie vhAt ;bey eseeat.1 Cha Name_ In vitnsas whereof I have herounto ae! fns} lunll- and -atflxdd Ay offleisl seal the, day am year In this eertitiellts [ iso at7p e'Yrltten. SU13DIVISION EVALUATION SHEET Proposed Development Name_TROUTNER BUSINESS PARK City _- MERIDIAN Date Reviewed 6/27/95 Preliminary Stage XXXXX Final Engineer/Developer Keller Associates Inc / Jim Ballantyne The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMIDMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise Citjr&-t Name Ordinance. The following existina street names shall appear on the plat as' "VN FRANKLIN ROAD" "S. MERIDIAN ROAD" 'pIGNNVJ000 "W f'E�STREET" "S.W. 5TH WAY -AyC w g -n-- "S.W. 3RD AVENUE" The above street name comments have been read and approved by the following agency representatives of the`ADN `COUNTYtTREETNAME COMMITTEE. ALL of the signatures mudle secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE A Y P ESENTATNES OR DESIGNEES Ada County Engineer John Priester , Date Ada Planning Assoc. Terri Raynor - /��. ' ;moi �� Date City of Meridian ReZVI resentative v P Date &-2r1-% Meridian Fire Dept. Representative Date 014 "9 NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index 3N,1 W/j13 Section o// NUMBERING OF LOTS AND BLOCKS 64 61-2-o KELLER Hi ASSOCIATES, INC. August 26, 1996 Mike Ballantyne Quest & Company, Inc. 6003 Overland, #204 Boise, ID 83709 RE: Troutner Business Park Water and Sanitary Sewer Service Dear Mike: As you know we have been coordinating water and sanitary sewer service for the above project with the Meridian Public Works Department. Service to the development was contingent upon positive model results as outlined in the City comments dated July 3, 1996 (Items 6 and 7 under the General Comments and Items 3 and 3 of the Site Specific Comments). I spoke with Bruce Freckleton today and confirmed service is available for both water and sanitary sewer. Additional information is as follows: Water The waterline loop on SW 5th Avenue from Franklin Road to W Pennwood Street and then to Meridian Road needs to be a 10 -inch line; especially since the type and size of future development is largely unknown. All other waterlines in the business park will be 8 - inch. Sanitary Sewer All sanitary sewer lines in the business park will be 8 -inch with a minimum slope of 0.4%. End lines or the last run of pipe on a dead end line should have a 0.6% slope if adequate depth is available. 1 hope you are pleased with the results. Contact me at (208) 375-1992 if you have any questions. Sincerely, KELLER ASSOCIATES, INC. 'f-�I -/i- Rod J. Linja, P.E. Project Manager cc: Bruce Freckleton, Meridian Public Works Department Shari Stiles, Meridian P&Z Administrator A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (208) 375-1992 419 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TROUTNER BUSINESS PARK KNOW ALL MEN By THESE PRESENTS: The undersigned Troutner Business Park Development Corporation (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 "Troutner Business Park" or simply "Park" or "Property" and is depicted in that 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 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"), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 d/realest/troutner.2 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 plat map attached hereto as Exhibit B). Nothing herein shall be construed to cause this Declaration to apply to or bind any other 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 "Troutner Business Park" 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 Troutner Business Park Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 d/realest/troutner.2 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 Troutner Business Park Association, which Bylaws are attached hereto and incorporated herein by reference. 1.3.8 "Common Area" shall mean any or all parcels of Troutner Business Park 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: Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lot 10, Block 1. 1.3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 1.3.10 "Grantor" shall mean Troutner Business Park Development Corporation 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 to as "Declarant" or "Developer" and includes any assignee or successor of Grantor. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 d/realest/troutner.2 1.3.11 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 1.3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to ten percent [l0%] 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 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 d/realest/troutner.2 1.3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 1.3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 1.3.17 "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. 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 d/realest/troutner.2 K ARTICLE II Equitable Servitudes 2.1 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 the 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 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 Phase Development Incorporation of Additional Areas 3.1 Phase Development: This development shall be built in four phases as follows: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 d/realest/troutner.2 . Phase I a. Lots 1-4, Block 1 b. Lots 1-4, Block 2 C. Lots 5-12, Block 1 d. Lots 5-8, Block 2 e. Lots 1 and 2, Block 5 f. 35' landscape area and fence along the western boundary of Lots 5-12, Block 1 g. Construction of the ACHD Hammerheads at the end of Barrett Street and Penwood Street as shown on the final plat. h. Lot 3 Block 5 i. Lots 9-11 Block 2 j. Lots 1-6 Block 4 Phase III a. Lots 12 and 13 Block 2 b. Lots 1-3 Block 3 3.2 Incorporation 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 d/realest/troutner.2 a ARTICLE IV The Property Subject To This Declaration 4.1 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 subject to these Restrictions. Any documents executed in connection with any type transaction described herein or any similar transaction must include reference to this Declaration. Any such transaction shall hereinafter be referred to as a "transfer". 4.2 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 d/realest/troutner.2 The original architectural committee shall be initially composed of the following individuals: 1. James H. Ballantyne 2. Arthur L. Troutner 3. David L. Nordling 4. Michael Ballantyne 5. Bart Ballantyne 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: Troutner Business Park Architectural Committee c/o James H. Ballantyne 10250 Whispering Cliffs Dr. Boise, Idaho 83704 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 owners of fifty-one (51%) percent of the lots in Troutner Business Park may designate a new architectural Committee, and the designation of the new committee and its address shall be recorded in Ada County referencing these CC&R's. Such a meeting may be called at any time by any lot owner on ten (10) days notice to the other lot owners. Such a meeting shall be held in the City of Meridian. Any member of the Committee (except Declarant and those named above) may be removed by a vote of owners in fee of fifty-one (51%) percent of the votes of lot owners in Troutner Business Park (one lot, one DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 d/realest/troutner.2 it t vote) who attend any meeting in which a quorum is present. A quorum shall constitute 10% of the owners. No Committee member shall be personally liable for any action or any inaction taken or not taken pursuant to these Covenants, Conditions and Restrictions in good faith. ARTICLE VI Plans; Approvals 6.1 Design Standards: All improvements and landscaping of any kind shall conform to those "Troutner Business Park 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 d/realest/troutner.2 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 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 d/realest/troutner.2 • after receipt thereof, such approval pproval 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 approved by the Committee. 6.8 Approval Good for Three Years: In the event Owner does not commence construction within three (3) years after approval of Plans, said approval shall terminate, in which event Owner shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 d/realest/troutner.2 a 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 (1) year of commencement of construction. Failure to comply with this section shall constitute a breach of these 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; retail; service -commercial; financial; athletic facilities; office; industrial; research and development; warehouse; distribution or manufacturing purposes; "flex -space buildings; all with such auxiliary uses within the buildings on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — 13 d/realest/troutner.2 . 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. 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: 7.2.1 Limited Office Use: The following lots shall be used exclusively for limited office uses: (a) Block 1: Lots 2-9 and 11-12 inclusive. (b) Block 2: Lots 2-4 inclusive. 7.3 PROHIBITED USES: 7.3.1 Hazardous Materials: No toxic materials as regulated or defined by any city, state or federal laws, rules or regulations shall be disposed of on the property described herein. For purposes here "toxic materials" includes but is not limited to "hazardous substances", "hazardous materials" or "toxic substances" defined in any local, state or federal statutes or regulations including but limited to the Comprehensive Environmental Response Compensation on Liability Act, 1980, as amended 42 USC 961 et. sea.; Hazardous Materials Transportation Act, 49 USC 1801 et. sea.; The Resource and Conservation Recovery Act, 42 USC 6901 et. sea.; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 d/realest/troutner.2 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 d/realest/troutner.2 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). 8.2 Twenty (20) Foot Roadway Landscaping Strip: Each owner shall install a twenty (20) foot landscape buffer along all lot lines adjoining any roadway (excluding the entrance roadways which will be paved). This landscaping shall be installed pursuant to the Design Standards. This twenty (20) foot strip may include portions of ACHD right of way (so long as ACHD does not object). This twenty (20) foot landscaping buffer area along all roads 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, the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 d/realest/troutner.2 It Declarant and/or the Committee (in addition to any other rights created herein) shall have the right, but not the obligation, to properly landscape 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" as provided herein. 8.3 Landscaping Percentage: Each owner shall install and maintain landscaping on a minimum of ten percent (10%) of the total square footage of the lot. [For example, if a lot is 100,000 square feet, there shall never be less than 10,000 square feet of landscaping.] More landscaping is encouraged but under no circumstances shall it become less than 10% of the square footage of the entire lot. 8.4 Special Thirty -Five (35) Foot Landscape Buffer: The following lots are affected by this section: (a) Lot 1 Block 1 and Lot 1 Block 2 (along Franklin Road). (b) The West 35 feet (adjacent to residential subdivision) of Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Block 1. In this thirty-five (35) foot landscape buffer area described in (b) above each owner shall install and maintain (pursuant to the Design Standards) a thirty-five (35) foot wide landscape buffer area which shall include a berm at least three (3) feet in height. (Where applicable, this 35' landscape area shall include the Hammerheads attached to Barrett Street and Penwood Street as shown DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 d/realest/troutner.2 on the plat.) As provided in 8.5 this landscape buffer shall be maintained by the Association. 8.5 Maintenance of All Landscaping by Troutner Business Park Association: As set out herein all lot owners in this subdivision shall be members of the lot owners association named "Troutner Business Park Association" which may be referred to herein simply as the "Association". All Common Area lots of this subdivision and all landscaping 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 of this Subdivision for the purposes of maintaining landscaping. All Common Area lots landscaping shall be installed by the Developer (presently Declarant) but maintained by the Association. All individual lot landscaping and adequate underground sprinkler systems shall be installed by the lot owner after the site improvements are constructed. After the individual lot owner constructs 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 Area maintenance costs shall be paid by all lot owners in the subdivision shared pro - rata based on the square footage of each lot divided by the square footage of the entire land area in the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 d/realest/troutner.2 subdivision. [For example, if a lot contained 34,000 square feet and the entire subdivision contained 1,133,333 square feet (excluding roads and Common Area lots), 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 - 1,133,333 = 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 those individual lots landscaping. C• All water costs for landscaping paid by the Association shall be fairly allocated and shall be paid for under the same formula set out in a. and b. above. Any Nampa -Meridian Irrigation water assessments assessed directly to each lot owner shall be paid for by each lot owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 d/realest/troutner.2 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 out 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. All construction shall be performed in a manner designed not to interfere with the use of other Lots by their Owners and as provided in the Design Standards. 8.8 Auxiliary: 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 from 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 restrict peak storm drainage into surrounding canals or ditches except as permitted by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 d/realest/troutner.2 any affected Irrigation District, and provide cleaning and filtering of any water which does drain into surrounding canals or ditches. Any drainage into canals and ditches, detention system, drainage system and sand and oil cleaning system shall first be approved in writing by the Nampa/Meridian Irrigation District prior to any installation or construction of the system and such approval shall be obtained prior to commencement of construction of the owners project. The maintenance of these systems on the owners lot shall be the responsibility of the owner. 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 (but 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 an "assessment" as provided herein. Declarant 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 or stored upon any Lot until the Owner is ready to commence construction thereon. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 d/realest/troutner.2 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 Eight Mile Lateral: All lots adjoining Eight Mile Lateral shall have a fence (which is in compliance with Nampa - Meridian Irrigation District Rules and Regulations), approved by the Architectural Committee, restricting access to Eight Mile Lateral. Said fence shall be installed and maintained by the lot owner. 8.13.2 Perimeter Fence: As each phase of this subdivision is developed Grantor (or Grantor's successor) shall install a fence along the outside perimeter of Troutner Business Park which encompasses that respective phase of the development. 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 Other Fences: Other property line fences are not required. If installed by an owner, they must be first approved by the Architectural Committee and shall be maintained by the owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22 d/realest/troutner.2 ARTICLE IX Parking, Loading Storage; Setbacks 9.1 Parking: For each building constructed, there shall be provided parking areas on the Lot, laid out and constructed in accordance with plans approved as specified herein, and maintained thereafter in good condition. Such parking areas shall be constructed of all weather, dust -free surface. For any Improvement constructed on a Lot sufficient parking areas must be located on the Lot so as to accommodate the foreseeable parking requirements of the Improvement's users. No off-site parking shall be permitted. The number of parking spaces shall be at least the number required by the City of Meridian parking ordinances. 9.2 Loadinu: (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 with out extending beyond the property line. (b) Loading docks 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 23 d/realest/troutner.2 9.3 Storaae: (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: Lot 1 Block 1; Lot 1 Block 2; Lot 10 Block 1 are designated as Common Area lots and are to be owned by the Association. Lot 1 Block 1 and Lot 1 Block 2 along Franklin Road are landscaped areas and shall contain the subdivision identification signs. Lot 10 Block 1 is a 30' wide lot connecting Penwood Street to S.W. Fifth Street and shall be subject to an easement to the City of Meridian as the City may require and may also be used for pedestrian and bicycle traffic as such may be permitted or required by the City of Meridian and ACHD. All costs associated with these three Common Area lots (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 - 24 d/realest/troutner.2 landscaping in Paragraph 8.5.1(a) [i.e., a lot owner whose lot is three percent (3%) of the entire subdivision will pay three percent (3%) of all costs associated with these Common Area lots]. 10.2 Landscaping: The "Common Landscape Areas" to be commonly maintained are set out in Paragraph 8 above. Notwithstanding that these landscape areas are to be commonly maintained by the Association, the use of these Association maintained landscape areas on individual lots shall be exclusively with the individual lot owner. The Association shall have an easement on all lots for the 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 height. 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 25 d/realest/troutner.2 ARTICLE XII Troutner Business Park Association, Inc. 12.1 Organization of Troutner Business Park Association Inc : Troutner Business Park Association, Inc. (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 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 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 votes 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 26 d/realest/troutner.2 interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. 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 Members) on the day of the vote. One lot, one vote. 12.3.2 Class B Members: 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 eighty-five (85%) percent of the Building Lots have been sold to Owners other than Grantor; or (b) on December 31, 2001. 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, they 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 27 d/realest/troutner.2 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 Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 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 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 28 d/realest/troutner.2 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 and the Association's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 12.5.1.1 Assessments: The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 12.5.1.2 Right of Enforcement: The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the Bylaws. 12.5.1.3 Emergency Powers: The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 29 d/realest/troutner.2 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 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 Areal 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 30 d/realest/troutner.2 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 or quasi -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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 31 d/realest/troutner.2 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 Operation and Maintenance of Common Area: Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area as described in this Declaration. 12.5.2.2 Maintenance of Berms. Retaining Walls, Fences Common Landscape and Irrigation Systems: Maintain any and all berms, fences and common landscape and irrigation systems and Common Area lots. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 32 d/realest/troutner.2 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 33 d/realest/troutner.2 incident to the ownership and/or use of the Common Area. 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 Workmen'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 receive such Owner's interests in such proceeds and to deal therewith. 12.5.2.5.5 Insurance premiums for the above insurance coverage shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 34 d/realest/troutner.2 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 provided herein. 12.6 Personal Liability: No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Association, the Grantor, or any committee, or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 35 d/realest/troutner.2 12.7 Bud ets 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 not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 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. 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 April 15 and no later than May 31 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 36 d/realest/troutner.2 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 in person of the Class B Member 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 Troutner Business Park 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 37 d/realest/troutner.2 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 the 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 them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 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 costs and expenses incurred by the Association, including 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 38 d/realest/troutner.2 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 in Troutner Business Park (excluding roads and Common Area lots). Each owner shall pay its pro -rata share of regular assessments. 13.2.4 Landscape Assessments: The landscape assessments set out in Paragraph 8.5.1 (a) and (b) shall be assessed as a regular assessment but computed as set out in 8.5.1 (a) and (b). 13.3 Special Assessments: 13.3.1 One Hundred Dollar ($100.00) Special Transfer Assessment. Upon each transfer of a Building Lot to a new Owner the Buyer of that lot shall pay a special 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. 13.3.2 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 any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 40 d/realest/troutner.2 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. No Special Assessment shall be levied which exceeds twenty-five percent (25%) of the budgeted gross Expenses of the Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of the Association at the meeting called for that purpose. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 13.3.3 Consistent Basis of Assessment: Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 13.4 Limited Assessments: Notwithstanding 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 Troutner Business Park DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 41 d/realest/troutner.2 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 otherwise 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 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. 13.7 Notice and Assessment Due Date: Written notice of all assessments shall be given to the Owner at the property address in 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 action 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — 42 d/realest/troutner.2 • I 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 14.1 Right to Enforce; Attorneys Fees: The Association has the right to enforce these covenants and to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to comply with the terms, covenants, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 43 d/realest/troutner.2 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 these 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 e) any other lawful action. 14.1.1 Corrective Action: In the event an Owner fails to comply with any provisions 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 all 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 (lo%) of all the costs expended for the corrective action. Such shall be a Limited Assessment against that Lot and that Lot Owner DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 44 d/realest/troutner.2 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 collecting 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: 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 45 d/realest/troutner.2 such Building Lot pursuant to this Declaration together with interest 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 or 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 of any Owner in the payment of any Assessment issued hereunder, the Association may 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 of lien. Upon payment to the Association of such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 46 d/realest/troutner.2 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 provisions 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 Reauired Notice: Notwithstanding anything contained in this Declaration to the contrary, no action may 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 States mail, certified or registered, postage prepaid, 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), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 47 d/realest/troutner.2 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 or 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 48 d/realest/troutner.2 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. 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 Of 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 49 d/realest/troutner.2 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 constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Troutner Business Park 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 this 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 so damaged. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 50 d/realest/troutner.2 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, conditions, 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 of 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 those maintenance responsibilities arising from applicable city and county governmental requirements. 16.2 Amendment• 16.2.1 By Grantor: Except as provided in paragraph 16.2.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 51 d/realest/troutner.2 w 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 than 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) the written consent of Owners representing more than sixty-seven percent (670) 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. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 52 d/realest/troutner.2 unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 16.2.4 Amendment for Annexation of Other Land to These CC&R's: These CC&R's may be amended to provide that other land, common areas or other subdivisions may be annexed into and governed by these CC&R's. Such annexation shall be by a) a vote or b) the written consent of owners representing fifty-one percent (51%) of the combined total Class A and Class B votes in the Association. 16.3 Mortgage Protection: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 16.4 Notices: Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 53 d/realest/troutner.2 notice, or to the residential address in the subdivision of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 16.5 Enforcement and Non -Waiver: 16.5.1 Right of Enforcement: The Declarant, the Board, the Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of this Declaration. Failure by any entity to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Troutner Business Park Association to enforce any of these CC&R's. Neither Declarant, Board nor Troutner Business Park Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 16.6 Successors and Assigns: All references herein to Grantor, Owners, the Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. In the event Declarant sells, transfers or assigns its interest in this project, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 54 d/realest/troutner.2 t then Declarant shall have no liability or responsibilities of any kind which accrue after Declarant sells, assigns or transfers Declarant's interest in the project. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 55 d/realest/troutner.2 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. IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as of the day of STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) . 1996. Troutner Business Park Development Corporation by Title: On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Troutner Business Park Development Corporation, the corporation that executed the within and foregoing 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. Notary Public for Idaho Residing at Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 56 d/realest/troutner.2 AUG -20-1996 1:48PM KELLER ASSOCIATES INC KELLER ASSOCIATES, INC. 20 August 1996 Shari Stiles Planning Director/Zoning Administrator City of Meridian N0.1(1 r 1/11 Post -Its Fax Note 7671 Date 2 o Q Pages 10, To Sing rt les From p. u CoJDePLC, , 0� rI &I ;an co. Keller PPhone # hone # Fax 8 Re: Revised Legal for Troutner Business Park Boundary Shari: Prior to the final recording of the Trouts„ legal at the north bounPark dary at Frankl, a minor in discrepancy was found along with an adjustment to g Engineering Inc. with Ada County Hubble En The corrected boundary has been recorded by 9 (Survey No. 3640, Instrument No. 96068429): The 2 cha1 andnes summrom a zed original follows:are highlighted on the attached figure a., items Item I - Boundary descriptlon at Franklin Road Previous boundary was defined as an offset of 45 feet from Franklin Road to show proposed right of way. The surveyor has determined the legal $foot reflect the center line of Franklin Road at the 45 footlegalsince no documenta ght of way should right of way has been created and be shown as an easement until such time that it is formally dedicated as right of way. Item 2 - Boundary discrepancy at Fuller Property in on On the previous legal it was discovered lctedatThe pin twasestern property establ'shed 2.53 feet to the Fuller property was incorrectly the south of where it should be. The. new legal reflects this correction. differences, Rubble's ed boundary correct Attached Is the figure showing the boundary corrected to the City of legal, and a draft of the corrected legals replacing those in the app Meridian for Annexation and Zoning Request on June 14,1996, attachment A. eview Jim Keller is out of the office till Monday August ou you at that time, ilPhease donl ave him rt hhesitatetlo stamp the new legals and get a copy over y give me a call if you have any questions. Cordially, David �• rI es Keller Associates, Inc. A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS 10aJER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 837041(208) 375-1992 208 375 1994 PAGE.01 AUG 20 196 14=46 ^ 1� 15M 400lf 4•ACOM VM I CQ ogcZnrTaTF"q TNr N0.171 P.2/11 d 1 W� ' AUG 20 '96 14:46 208 375 1994 PAGE.02 low I -C C-) U Q N J Z W _ L L 002 001 0 00 001 C Sim N Q v u � e UqqI � O O Q m Y �I a N � I I W Z F 1� 'f AUG 20 '96 14:46 208 375 1994 PAGE.02 10 AUG.20.1996 1:49PM KELLER ASSOCIATES INC NO.171 P.3i11 NUBBLE ENGINEERING, INC. 9550 Bethel Court • Bolse, Idaho 83709 2081322-8992 ■ Fax 2081378-0329 Project No. 96021 March 29, 1996 Revised May 1, 1996 Revised July 29, 1996 Revised August 8, 1996 TROUTNER BUSINESS PARK BOUNDARY A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM, MERIDIAN CITY, ADA COUNTY. IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE S 00°08'25" W, A DISTANCE OF 613.70 FEET; THENCE N 72°09'35" W, A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE S 00008'58" W, ALONG SAID EAST BOUNDARY, A DISTANCE OF 1363.46 FEET; THENCE S 85°41'00" E, A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE N 79055'00" E, A DISTANCE OF 523.48 FEET; THENCE N 00°13'31" E. A DISTANCE OF 142.00 FEET; THENCE N 89052'13" E, A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE N 00023'12'E, A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE N 89°56'06" W, A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE N 00°18'07" E, A DISTANCE OF 663.29 FEET; THENCE N 89°58'05" W. A DISTANCE OF 663.21 FEET; " THENCE N 00°13'31" E, A DISTANCE OF 349.76 FEET; Page 1 AUG 20 '96 14:47 208 375 1994 PAGE.03 RUG.20.1996 1:49PM KELLER RSSOCIRTES INC NO. 171 THENCE WEST, A DISTANCE OF 123,99 FEET; THENCE N 00613'48" E. A DISTANCE OF 313.10 FEET; THENCE WEST, A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. CONTAINING 39.51 ACRES OF LAND, MORE OR LESS. PREPARED BY: HUBBLE ENGINEERING, INC. TODD R. WAITE, P.L.S. TRW/BH/1236.DES P. 4/11 Page 2 AUG 20 '96 14:47 208 375 1994 PAGE.04 KELLER RSSOCIRTES INC N0.171 P.5i11 TROUTNER BUSDMSS PARK Legal Descriptions 1) Boundary Perimeter Legal including revised easement on Fuller property: A parcel of land lying within the NEIA of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE corner of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet to the REAL POINT OF BEGINNING; thence S 0020825" West, a distance of 613.70 feet; thence N 72209'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00208'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85241'00" East, a distance of 147.41 feet to an iron pin; thence N 79455'00" East, a distance of 523.48 feet; thence N 0041331" East, a distance of 142.0 f , thence N 89252'13" East, a distance of 790. �e't to an iron pin; thence N 00423'12" East, a distance c1f,32et to an iron pin; thence N 89256'06" West, a thence N 00418'07" East, a feet to an iron pin; 663.29 feet; thence N 89258'05" West, a distance of 663.21 feet; thence N 00213'31" East, a distance of 349.76 feet; thence West, a distance of 123.99 feet; thence N 0041348" East, a distance of 313.10 feet; thence West, a distance of 238.73 feet to the REAL POINT OF BEGINNING. Containing 39.51 acres of land, more or less. And also: A parcel located in the SETA of the NEU of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SEYA of the NEI/d; thence S 0222'35" West, along the easterly boundary of said SEYa of the NEU, a distance of 162.32 feet to the POINT OF BEGINNING,- 8/20/96 EGINNING, 8/20/96 page 1 of 7 newlegal.doc AUG 20 '96 14:47 208 375 1994 PAGE.05 AUG -20.1996 1:49PM KELLER ASSOCIATES INC NO.171 P.6i11 TROUTNER BUSINESS PARK Legal Descriptions thence S 0°22'35" West, a distance of 50.00 feet to a point; thence leaving said easterly boundary S 8945545" West, a distance of 533.22 feet to a point; thence N 0222'35" East, a distance of 50.00 feet to a point; thence N 89455'45" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 0.61 acres of land, more or less, 8/20/96 AUG 20 '96 14:47 page 2 of 7 newlegal.doc 208 375 1994 PAGE.06 KELLER ASSOCIATES INC NO.171 P.7i11 TROUTNER BUSINESS PARK Legal Descriptions 2) Boundary Perimeter Legal Including Fuller property: A parcel of land lying within the NEIA of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE corner of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/1 6th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet to the REAL POINT OF BEGINNING, thence S 00408'25" West, a distance of 613.70 feet; thence N 72909'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588: thence S 00408'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85441'00" East, a distance of 147.41 feet to an iron pin; thence N 79255'00" East, a distance of 523.48 feetkl ; thence N 00413'31" East, a distance of 142.00 fa. fef //1 thence N 89452'13" East, a distance of 790.3 Ol to an iron pin; East distance 32� et to an iron in; thence N 00923'12", a q�, � p thence N 89456'06" West, a distanb�,OVT:95 feet to an iron pin; thence N 00218'07" East, a d4f 663.29 feet; thence N 89258'05" West, a distance of 663.21 feet; thence N 0021331" East, a distance of 349.76 feet; thence West, a distance of 123.99 feet; thence N 00413'48" East, a distance of 313.10 feet; thence West, a distance of 238,73 feet to the REAL POINT OF BEGINNING. Containing 39.51 acres of land, more or less. And also: A parcel located in the SE'/4 of the NE14 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: 8/20/96 Commencing at the REAL POINT OF BEGINNING at the northeasterly corner of said SETA of the NEY4; page 3 of 7 newlegal.doc AUG 20 '96 14:48 208 375 1994 PAGE.07 RUG.20.1996 1:50PM KELLER ASSOCIATES INC N0.171 P.6i11 TROUTNER BUSINESS PARK Legal Descriptions thence S 0422'35° West, along the easterly boundary of said SEI/a of the NE's, a distance of 329.43' feet; thence leaving said easterly boundary S 89947'06" West, a distance of 533.22 feet to a point; thence N 092235" East, a distance of 326.76 feet to a point; thence N 8945545" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. 8/20/96 page 4 of 7 newlegal.doc AUG 20 '96 14:48 208 375 1994 PAGE.08 KELLER ASSOCIATES INC TROUTNER BUSMSS PARK Legal Descriptions 3) Boundary Legal of lots to be zoned L•0: NO.171 P.9i11 A parcel of land lying within the NEIA of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE corner of said Section 13: thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/1 6th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet: thence S 00208'25" West, a distance of 613.70 feet to the REAL POINT OF BEGINNING; thence N 72409'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00408'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85Q41'00" East, a distance of 147.41 feet to an iron pin; thence N 79455'00„ East, a distance of 211.34 feet; thence N 00408'58" East, a distance of 1005.86 f thence N 29x38'58" East, a distance of 170,4 et; thence N 57241'11" West, a distanc 1,79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more 8/20/96 page 5 of 7 newlegal.doc AUG 20 '96 14:48 208 375 1994 PAGE.09 TROUTNER BUSINESS PARK Legal Descriptions 4) Boundary Legal of lots to be zoned C -G including Fuller property: A parcel of land lying within the NEI/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows. Commencing at an aluminum cap monument marking the NE corner of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/1 6th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet to the REAL POINT OF BEGINNING; thence S 00408'25" West, a distance of 613.70 feet; thence S 57°41'11" East, a distance of 161.79 feet; thence S 29438'58" West, a distance of 170.41 feet; thence S 00008'58" West, a distance of 1005.86 feet; thence N 79455'00" East, a distance of 312.03 feet; thence N 0041331" East, a distance of 142.00 fe thence N 89452'13" East, a distance of 790. , e t to iron pin; thence N 00,123'12" East, a distance of 3 to an iron pin; thence N 89456'06" West, a distan�5 feet to an iron pin; I thence N 00918'07" East, a di d 63.29 feet; thence N 89958'05" West, a dist of 663.21 feet; thence N 00413'31" East, a distance of 349.76 feet; thence West, a distance of 123.99 feet; thence N 00413'48" East, a distance of 313.10 feet; thence West, a distance of 238.73 feet to the REAL POINT OF BEGINNING. containing 28.70 acres of land, more or less. And also: A parcel located in the SEN, of the NEIK of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly comer of said SEY4 of the NEIA; thence S 092235" West, along the easterly boundary of said SEI/. of the NES/., a distance of 329.43' feet; 8/20/96 page 6 of 7 newlegal.doc AUG 20 '96 14:49 208 375 1994 PAGE.10 RUG.20.1996 1:51PM KELLER RSSOCIRTES INC TROUTM 13USINESS PARK " Legal Descriptions thence leaving said easterly boundary S 89447'06" West, a distance of 533.22 feet to a point; thence N 0222'35" East, a distance of 326.76 feet to a point; thence N 8945545" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4,00 acres of land, more or less. 8/20/96 page 7 of 7 newlegal.doe AUG 20 '96 14:49 208 375 1994 PAGE.11 MERIDIAN CITY COUNCIL MEETING: August 20.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN JIM BAL LANTYNE ANNEXATION AND ZONING �n A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W C/ a� MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Meridian City Council having heard and taken oral and written testimony and the Applicant appearing through Janelle Sanford, a designated representative for Mr. Wayne Forrey, who is the representative for Mr. Ballantyne, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 annexation and zoning is described in the application, and by this reference 'is incorporated herein; that the property is approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C -G) and Limited Office (L- 0); that the L -O District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: jL-O) Limited Office District - The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-0) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That Applicant's representative stated before the Planning and Zoning Commission hearing on August 8, 1995, that the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 understood by the Applicants that any uses in the L -O and C -G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the Troy Green p°,oject and this will offer the resideW s total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good setback of maybe 35 feet along the back on the west edge of the L-0 and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would bn fairly secondary and not primary at al?. in the development concept. Ms. Sanford testified before the Council that the Findings of Fact and Conclusions of Law were reviewed and that they were acceptable; that a few concerns exist regarding the connection through Pennwood or Barrett Streets. 6. That the developer, Jim Ballantyne, testified before the Planning and Zoning Commission that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to the preparation of the Findings of Fact for the P & Z Commission. Mr. Ballantyne testified at the City Council public hearing of a conflict which exists in the P & Z Commission's Findings regarding the 35 foot landscape setback on Meridian Road; that the land mentioned there is land owned by Norman Fuller but that Ballantyne has access and owns an easement through Fuller's property; that Ballantyne can't hardly dedicate Mr. Fuller's land to a 354 -foot setback for landscaping and sidewalks; that the Ada County Highway District addressed this also and did not require the 35 -foot landscaping and setbacks; also there is a conflict regarding the road entrance; that our access to that easement of Fullers fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas; that the center lines are 10 to 15 feet off center; that they could go either way to almost comply, but it would be impossible for this piece of narrow property and the easement that Mr. Fuller gave us; that some agreement can be made regarding access to the neighbors contiguous to this development but that there is an off set by not having to actually landscape quite that much land; that 35 feet is an excessive amount of off set. - 7. There were several who testified at the August 8, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 a. Mike Wewers testified during the P & Z public hearing regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de- sacs or through streets; that he would like to see a layout of roadwork of the area designated for L-0 and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. b. Raymond Kutch offered testimony regarding the proposed Limited Office (L-0) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C -G allows access through L-0; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. C. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACHD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south. through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHD supports connections between residential and abutting commercial; that until ACHD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri-plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 7 continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. d. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. e. That Don and Christine Mace submitted written testimony; that their property is lot #20 in Lynhurst Place; that the area to be zoned L -O will be right next to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objectionE to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. f. That Joe Kutch testified before the City Council public hearing that he would like an answer from the developer regarding the property owners right behind this proposed annexation having an opportunity to purchase any of this property. That Mr. Ballantyne stated he had no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards; that the only people impacted visually FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 8 by the development are the neighbors that actually have lots contiguous to the development and that something cold surely be worked out to where they have their access. 8. ' That Larry Sale-, of the Ada County Highway District, testified before the Council to address Mr. Morrow's questions raised with respect to the issue with the road not lining up and where the ACHD's thoughts are with this application. Mr. Sales testified that if it is correct that the 50 foot easement strip centerline is approximately 10 feet north of the centerline of the curb cut into the Rick Thomas development of some office buildings; that the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time because they would meet at each others steering wheels; that a suggestion perhaps would be that the 50 foot easement could be shifted a five (5) feet and that the District could work with that without much of a major problem; that if the driveways happen to be the other direction it wouldn't be so severe. Mr. Sales continued to testify that it is the goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then the long term plan to extend Corporate Drive west past this proposed development, south into the interior of the square mile to really serve as a collector out of the area; that the district wold expect this development to have access to that collector either directly if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 collector goes through the southern portion of this development or through some adjoining property and the collector. 9. That Gary Smith, Meridian City Engineer, testified before the Council in answer to Councilmen Morrow's request for any additional input regarding this annexation; that Mr. Smith stated that the sewer service for this property to the north. and the east of the Eight Mile Lateral as it crosses, would be towards Franklin Road; that a sewer line in Franklin Road at this time does not exist, however some preliminary plans to construct one prior to the improvement of Franklin Road would be available, but there is no sewer in Franklin from Meridian Road to the west; that there exists an elevation problem slightly west of Meridian Road; that the grade of Franklin Road is going up to get over the Eight Mile Lateral and to get farther west with the sewer is a problem; that tieing into the sewer line that goes in back of Hoff could be brought out to Franklin Road and then extended west in Franklin. 10. Shari Stiles stated that she had no further comments on this development without a plan before her; that it is difficult to assess the compatibility with adjacent development with no plan to look at. 11. That Bruce Freckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 wells may be used for non-domestic purposes such as landscape irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 12. That Shari Stiles, Planning and zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 13. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 14. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20 -additional feet) prior to issuance of a building FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 IV permit (or other required permits); that required street improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights -of -Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U. S . P . A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 18. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 12 positive results from a hydraulic analysis by the City's computer model. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 20. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 21. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically cont,nue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 24. That Section 6.7U, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 25. That the requested zoning of Limited Office (L-0) and General Retail and Service Commercial, (C -G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: _(L-01 Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-0) District is designed to act as a buffer between other more intense non- residential uses and high density residential use's, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents. and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in Population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities-) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as .utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Desian Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 34. That proper notice was given a: required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the ,nnexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the L-("i and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 12. That the City adopted the Comprehensive Plan at its meeting on. January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L -O and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G) and Limited Office (L -O), but only capable of being developed as a planned commercia3. development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-0 and C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11 -2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 12. The sewer and water requirements. 13. Traffic plans and access into and out of the •development. 16.' That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and --the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 22 a condition of annexation and if not so tiled, the property shall be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L -O) and General Retail and Service Commercial (C -G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L -O) and the property to be zoned General Retail and Service Commercial (C -G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall not be annexed. 24. That the Planning and Zoning Commission questioned whether or not it should make a recommendation of approval because` the Applicant had not submitted a plat or development plan, but concluded that it was in the best interests of the City to annex and zone the property even though the development plan was only FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 23 BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF BALLANTYNE-TROUTNER BUSINESS PARR FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM BLOCK LENGTH REQUIREMENTS, 11-9-605 M TILING OF DITCHES, AND FOR PLACEMENT OF A FENCE INSIDE THE LATERAL EASEMENT FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on August 6, 1996, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for August 6, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 6, 1996, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 B 6., STREETS, requires that a street that ends in a cul-de-sac or dead end shall be no longer FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 1 than four hundred fifty feet. 4. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4A. That Section 11-9-605 J, FENCES, 6. d. and e., state as follows: "d. Any developer intending to construct a fence on top of a berm shall show the berm and fence on the preliminary plat and shall include with the preliminary plat the design, placement, heights, specifications, and drawing of said fence. e. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence."; that it is not specifically stated in the Ordinance that a fence shall not be constructed within an easement of an irrigation lateral but it is stated that a developer shall show the fence on the preliminary plat and shall include, with the preliminary plat, the design, p1F:cement, height, specifications and drawing of said fence. 5. That the Applicant has requested a variance from the Ordinance requiring that the maximum length of cul-de-sacs be no more than 450 feet; Applicant desires more than 450 feet, desires FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 2 that a temporary turn -around for SW 3rd Street be allowed, a variance from the ditch piping requirement, and be allowed not to pipe the Eight Mile Lateral; Applicant also desires that it be allowed to place fencing inside the lateral easement at a location acceptable to the City of Meridian and the Nampa and Meridian Irrigation District. 6. That the Applicant does not state in the Application the length to which he will exceed the allowable 450 feet cul-de-sac requirement; the Application states that the City of Meridian asked them to apply for the variances requested and that the Applicant not tile the Eight Mile Lateral due to a concern about small children getting pulled through the trash rack openings which are required in a large pipe; that it would be necessary to have a pipe size in excess of 49 inches and that similar variances have been granted in other projects to the east and west for the Eight Mile Lateral for the same reason; that the beautification of the canal right-of-way is a policy held by the City of Meridian to better landscape canal easements and keep the flow of the canal open. 7. That the Applicant is the owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Derais E. Heeb and Edward Jenkins. 8. That consent of all the property owners of land involved with this Application has not been submitted. 9. That the entire property in question is described in the application and is incorporated herein as if set forth in full. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 3 10. That the property is currently zoned R-14 and RT by Ada County and the Applicant has requested that the City of Meridian annex and zone the property Limited Office (L-0) and General Retail and Service Commercial (C -G) to allow office and general commercial development. 11. That the Applicant stated in the Application that SW 3rd Street is longer than 450 feet; that neighbors and the Ada County Highway District (ACHD) want SW 3rd Street as a stub street to the north property line to allow for a future street extension to Franklin Road from the Troutner Business Park; that in order to extend the street to Franklin Road in the future, it must be a dead-end with a temporary turnaround, which would require a cul-de- sac street longer than 450 feet; that there will be adequate fire hydrants installed for emergency use by the Fire Department. 12. That the Meridian City Police Department, Meridian City Fire Department and the Nampa & Meridian Irrigation District reviewed and submitted comments and they are incorporated as if set forth in full. 13. That the Meridian City Fire Department commented that there can be "No Parking" in the turn -a -rounds as well as the hammer heads; that the SW 3rd and SW 5th Street turn -a -rounds need to be bigger; that the street length will be okay and hopefully by the time Block 3 is built, SW 3rd will be extended to Franklin Road. 14. That the Nampa and Meridian Irrigation District commented FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 4 that there must be a License Agreement with the District for all encroachments; that there has been discussion with the developer, but the District has not seen a final plat to know how, and to what extent, the developer would like to encroach; that the flows of the Eight Mile Lateral are about 5500 inches and will not flow through a 48" pipe. 15. That the City Engineer's Department, the Planning and Zoning Director, and the Ada County Highway District, may submit comments, and such comments shall be incorporated herein as if set forth in full. 16. Mr. Ballantyne testified that he is requesting a temporary turn around on SW 3rd Street, which is greater than 450 feet; that this will enable the City grid of streets to continue down the southwest area of the City and also accommodating the neighbor to the north to have some street running through his property; that tiling the Eight Mile Lateral per City requirements not he required; that the lateral would require a 72 inch pipe; that the City has indicated that a lateral requiring greater than 48 inches need not be tiled; that the Applicant will fence the lateral and the south side of the canal against the waters edge and taat this was approved by the Nampa Find Meridian Irrigation District; that the District wants to change their easement off of the canal but the District would allow the Applicant to have more green area in the business part which would be maintained and less area that would be in weeds. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 5 17. That there was discussion between the Councilmen, Mayor, Attorney, and Shari Stiles regarding the City holding off acting on the annexation pending a preliminary plat and to hold off acting on the variance application until dealing with the preliminary plat. 18. That proper notice has been given, as required by the Meridian Ordinances and the Local Planning Act. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Subdivision and Development Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own pros--edings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 6 Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and - e. That such variance will not have the of fect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 7 7. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted, which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. . . ." 8. That the City Council is considering changing the Ordinance regarding the piping of large ditches if the piping would require a pipe larger than 48 inches; that the Ordinance may be changed. 9. That with regard to the variance of the Ordinance so that the Applicant need not tile the Eight Mile Lateral, it is concluded that a tile or pipe of greater than 48 Inches would be required and that in such cases the City has consistently granted variances; that the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the tile would be greater than 48 inches and for the Eight Mile Lateral. 10. That the requirement of tiling ditches is a health and safety requirement; that in a prior variance application it was stated that it may be more hazardous to have the ditch tiled then it would be not to have it tiled and it appears that to require FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 8 tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance; that the irrigation district affected has not demanded that this ditch be tiled; that it is concluded the Application for a variance from 11-9-605 M, Tiling of Ditches, should be granted. 11. That with regard to the variance request to have the length of the cul -se -sac longer than 450 feet, it is concluded that there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is granted; that in order to extend the street to Franklin Road in the future, it must have a dead-end with a temporary turnaround, which requires a temporary cul-de-sac street longer than 450 feet; that since the Applicant stated that there will be adequate fire hydrants installed for emergency use by the Fire Department, it is further concluded that fire protection would not be a justifiable reason to deny the variance regarding the 450 foot cul-de-sac block length. 12. That with regard to the requested variance to allow a fence to be constructed inside of the easement of the Eight Mile Lateral, it is concluded that a License Agreement would likely be required by the Nampa and Meridian Irrigation District; that it is concluded that if Nampa and Me>Adian Irrigation District will grant such a License Agreement, the City has no objection to granting a' variance to allow such variance and the variance should be granted if a License Agreement with Nampa & Meridian Irrigation District is presented to the City. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 9 13. That with regard to the variances of the 450 cul-de-sac length and the tiling of the Eight Mile Lateral, there does appear to be a specific benefit or profit, economic gain or convenience, to the Applicant, but the ~Applicant appears to have had no control over those physical requirements and obstacles; further it does not appear the Applicant was able to design the subdivision around those physical limitations of the property; with regard to the length of the cul-de-sac, it is concluded that it would be better to have SW 3rd Street temporarily cul-de-saced even though it would be longer than 450 feet and then extended to connect to Franklin Road at a later date; that it would be in the best interest of the City to grant the variance increasing the maximum cul-de-sac block length. 14. That regarding Section 11-9-612 A. 2 . , it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the Ordinance requirements for the length of a cul-de-sac street, the tiling of a ditch, and location of a fence within an easement area would likely be unreasonable. b. That strict compliance with the requirements of the cul- de-sac street Ordinance and the requirement that the Eight Mile Lateral be tiled are not reasonable; that there are factors whicii were not self-inflicted that should allow variances to be granted from those Ordinances; that a redesign of SW 3rd Street could temporarily solve the cul-de-sac problem that exists now. It is further concluded that the Nampa and Meridian Irrigation must grant a License Agreement to allow the City to grant a variance for the fencing inside the Eight Mile Lateral Easement. C. That the granting of the variances would not be FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 10 detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variances would not have the effect of altering the interests and purposes of the Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 15. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 16. That as a condition of granting this cul-de-sac variance, Applicant shall place fire hydrants in the cul-de-sac as directed by the City of Meridian Water Department Superintendent; that Applicant shall supply proof that the owners consent to the variances being requested and shall meet all requirements of the Meridian City Fire Department and the Nampa & Meridian Irrigation District. 17. That it is further concluded that no action on these variances shall be granted until the property is annexed and zoned. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 11 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions of Law. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION That it is decided the Application should be granted for a temporary variance to the maximum block length of the cul-de-sac on SW 3rd Street, but fire hydrants must be placed according to Meridian Water Department Superintendent; that the variance from 11-9-605 M, Tiling of Ditches, to not tile the Eight Mile Lateral is hereby granted; that the variance to be allowed to place fence in the Eight Mile Lateral Easement is not granted or denied, but the Applicant shall not place fence inside the easement for the Eight Mile Lateral, unless it obtains a License Agreement from Nampa and Meridian Irrigation District to do so, and if such License Agreement is obtained and submitted to the City then a variance would be granted. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 12 T,"alcompany, Inc. New America Network August 6, 1996 Hon. Robert Corrie, Mayor, City of Meridian Members of the Meridian City Council 33 E. Idaho St. Meridian, ID 83642 Dear Mayor Corrie and Members of the City Council: Commercial Real Estate Services 6003 Overland Road Suite 204 Boise, Idaho 83709 FAX 322-5910 (208)322-5900 Individual Members Please find attached a copy of the original plat which we submitted to the City of Meridian and our revised plat which Meridian Planning and Zoning Commission recommended for approval. In order to expedite our public hearing with the City Council I have identified the ten changes which occurred in our plat from our initial submittal until the P & Z commission approval. Listed below are those ten changes and the reason for the change: Change: 1.) Shifted Franklin Rd. entrance to match with Hoff Forest Products Driveway. 2.) Terminated Pennwood rather than making it a through street. 3.) Continued SW 3rd Ave. to the north property line. 4.) Left the 8 mile lateral in place rather than relocating. 5.) Replaced Fulmer Ave. with Pennwood St. 6.) Addition of Lot 1, Block 1 and Lot 1, Block 2. NEWAMERICN NEtWORK. Your Partner in Real Estate Services Worldwide Reason: Request by Hoff because of Heavy Truck traffic. Traffic concerns of residents of the Franklin Square Subdivision. Request by Lawrence Rackham (neighbor to the north) and ACED. Concerns about safety by Hope Arms Residents. Water table concerns by Larry Rackham, and concerns of NMID about water hammering in the corners. A more logical location as the lateral was not relocated. City required the 35 ft. landscape buffer be separate lots. Meridian City Council August 6, 1996 page 2 of 2 7.) Addition of Lot 10, Block 1. 8.) Moved easement to the north. 9.) Change in lot and block numbering. 10.) Addition of a lot for NMID for pressurized irrigation pump station. City wanted a separate lot rather than a utility easement. Requested by Norm Fuller. Caused by previously mentioned changes. Requested by NMID. I hope these changes are understandable. I would be glad to answer any questions you may have at the Council meeting this evening. Please also find attached a letter for Keller Engineering. This letter is our response to the staff comments for this application. We look forward to seeing you at the Council meeting and to your favorable response to our application. Very truly yours, k1ok Michael J. a antyne representing the applicant cc NE6VAMER I NETWORK. Shari Stiles, City of Meridian Rod Linja, Keller Engineering Your Partner in Real Estate Services Worldwide 4WT&COMPWW'IW— V-�4 ;-1 al PIM4 Ln c1� • TVMM�{ V j r N 9 O a �I I 1 N a Rl• al: Q YU CD Y h O .. C Y OI 1 40m a4 z 61 aj a C -d. N CM m Ac �y^ seri _S x � Oi'lEf... � (� � 'i M N m N fff VVV f i N+ i i xx 1 ; ! f:ili .. Gu ' ' S..' I. �{ � .�• `''Tari -- 1L ,L �I 1 n Ott CZ*.-......._....... i , •_ w,,.r.��.a� .ins._.;-�>...�>; .' �-,�'�'`�- a --.> .__. _.:,._.�.�. 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July ._ MERIDIAN CITY COUNCIL MEETING: August 6 1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 15 REQUEST PUBLIC HEARING REQUEST FOR A VAP IANCE FOR BALLANTYNE-TROUTNER BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. WMILUAhi G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Depament (208) 887-2211 Motor Vehicle/Drivers Licdse (208) 888-4443 ROBERT D. ODRRIB Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 7 COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Cleric by: July 30. 1996 TRANSMITTAL DATE: 7115/96 HEARING DATE: REQUEST: Variance for Gallant ne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: Franklin Road and Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PR FINAL PLAT) BUREAU OF RECLAM TI ILI FINAL PLAT) CITY FILES OTHER YOUR CONCISE REMA S: ate. WILLIE M G. BERG, JR., City Clerk JANIC:E L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL- GORDON, Police Ohief WAYNE G. CROOKSTON, JR., Attorney NUB OF TREASURE VALLEY A Good Plxe to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES .FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hail, Attn: Will Berg, City Clerk by: July 30, 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Variance for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT:- Franklin Road and Meric6an Road JIM JOHNSON, PIZ MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)'F j>��� JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH v ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY / CITY ENGINEER CITY PLANNER i3K r /� t� OFFI IAS • WILLIAM (;, BERG, JR., city clerk -. HUB OF TREASURE VALLEY J,%ICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works r A Good Place t0 I.1VC OF WALT W. MORROW, President RONALD Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks vITY MEAD R. TOLSMA CHARLES M. ROUNTREE Supt. SHARI L. STILES, P & Z Administrator 33 EAST IDAHO GLENN R. BENTLEY PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police MERIDIAN, IDAHO 836M2 Phone (208) 888-4433 • FAX (208) 887-4R ['� g MD P Aa rOh"t`"'ac'- ' Public R U Chief WAYNE G. CROOKSTON, JR., Attorney Works/Building De V V MotorVehicle/Drivers 08) JIM JOHNSON, Chairman TIM License (2nt 8888311 J U L 7 1996 HEPPER JIM SHEARER ROBERT D. CORRIE GREG OSLUND Mayor NAMPA & MERIDIAN MALCOLM MACCOY IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PROJECTS To insure that your comments and recommendations will be con Meridian City Council, please submit your comments and re considered by the Meridian City Hall, Attn: Will Berg, City Clerk by: commendations to TRANSMITTAL DATE: 711519 y ul 3�• X996 6 REQUEST: Variant%a fr%w z2_as__. HEARING DATE: 8/6 /96 LOCATION OF PROPERTY OR PROJECT: ranklin Road and Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z . TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER not see f' n anal plat and u t encroach The f u�c1 will no lease feel fr,, _,_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(PREUM & FINAL PLAT) __BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES __OTHER: YOUR CONCISE REMARKS:_Nampa & Meridian Irri District at ion has certain encroachments on our easements. 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Commercial Real Estate Services New America Network July 16, 1996 6003 Overland Road Don and Christine Mace Suite 204 530 Lynhurst Place Boise, Idaho 83709 FAX 322-5910 Meridian, Idaho 83642 (208) 322-5900 Dear Don and Christine: -9 II 0 Individual Members The Meridian Planning and Zoning Commission gave me a copy of the letter you sent them on July 9, 1996. We appreciate your thoughtful comments regarding the design of the Troutner Business Park. We wanted to take a moment to give you some feedback regarding your comments. We are not opposed to the extension of Pennwood Street into the Business Park. In addition, Meridian city staff felt it was important to have access to the project from the Franklin Park Subdivision for the very reasons you point out in your letter. However, Ada County Highway District determined that it was better not to have access through the subdivision for two reasons: traffic I.) the commercial that would be directed through Franklin Park Subdivision, and 2.) the residential traffic from the west that would use the Pennwood extension to reach Meridian Road. ACHD felt the traffic flows through the subdivision would be too great. You should also be aware that there has been some opposition by residents of Franklin Park to having Pennwood go through. Based on a request by the City we have agreed to put a walking/bike path from the end of Pennwood to SW 5th Street. This will allow bicycle and pedestrian traffic to access the Business Park and points to the east. We feel that this will be better than no access at all. We appreciate your support of our project, and we are grateful that you would take the time to comment on the Troutner Business Park. We value community feedback on our project and want to be a good neighbor. We believe that the Troutner Business Park will have a positive effect on our community. Please don't hesitate to call me at 322-5900 if you have any questions or concerns about this project. Sincerely, Michael J. Ballantyne Associate Broker cc: Shari Stiles, City of Meridian Jim Ballantyne, Troutner Business Park NEK ffE A NETWORK. Your Partner in Real Estate Services Worldwide WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Budding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30, 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Variance for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT Franklin Road and Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z _TIM HEPPER, P/Z _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: FdOt.:! G '9`7 14:16 FF' -_IT)' OF P tEF' I D I Hf l `Gi; 4C.1 _ TO 3~,_9416 P. 01/03 CITY OF MERIDIAN 33 Cast Idaho Street, Meridian, ID 83642 VARIANCE APPLICATI0N (RE: Meridian Zoning Ordinance) NAME: James H. Ballantyne Phone' 375-1966 (Owner or holder of valid option) ADDRESS: 10250 whisper DR Cliffs Drive; Boise, ID 83704 GENERAL LOCATION`. Franklin Road and Meridian Road _ LEGAL DESCRIPTION OF PROPERTY: Please see Attachment A. PR O OWNE$SHI'P QF VALID OPTION: A copy of your property deed or option agreement must be attached_ Please see Attachment B. PRESENT ZONE CLASSIFICATION: R-14 and RT ( Ada county) VICINITY SKETCH: A vicinity map andlor site plan at a scale approved by the City showing property lines, sheets existing and proposed zoning and such other items as the City may require. 1" = 0''00' Please see Attachment C. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within. contiguous to, directly across the street from, and within a ?00' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) Please see Attachment D. DESCRIPTION OF PROPOSED VARIANCE: A variance to Meridian Subdivision Ordinance Section 9-605 items B6 and M to allow a street with a temporary turnaround lonaer_than 45Q feet_and_�.allow poen flow f the Eight M L�ter_al and placement of fencing inside the lateral easement way at a lova ' n acceptable to the City and Nampa -Meridian Irrigation District. SIGNATURE: CITY CO NIL RECORpS Date Received! Citv Council Rearing ate Received by __ 1. 2. 3. 4. 5. 6. APPLICATION AND STANDARDS FOR VARIANCES Address of subject property. Generally, south of Franklin Road and West of Highway 69 (Meridian Road). Name, address and phone number of applicant. James H. Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 Name, address and phone number of owners of subject property. Jim Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 David L. Nordling P. O. Box 7705 Boise, ID 83707 Paul Troutner 629 W. Richmond Lane Boise, ID 83706 (208) 344-5764 Art Troutner 707 Troutner Way Boise, ID 83712 (208) 344-5956 Dennis E. Heeb 3430 Americana Terrace Boise, ID 83706 Edward Jenkins P. O. Box 6106 Carefree, AZ 85377 (662) 488-9209 Proof of ownership or valid option on the property or a contract interest therein with consent of titled owner. Please see Attachment B. Legal description of subject property. Please see Attachment A for legal descriptions of entire property, L -O zone and C -G zone. Present use of subject property. Vacant and surrounded by Urban Development. 7. What is intended to be done on or with the property. Limited Office (L -O) and Commercial General (C -G) to allow office development and general commercial development for Meridian tax base. S. The district that pertains to the subject property. Zoned High Density Multi -Family Residential (R-14) and Rural Transitional (RT) by Ada County. 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed District and such other items as may be required. Please see Attachment C — Preliminary Plat at a scale of 1" = 100'. 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. We are not proposing to construct any buildings as part of the Variance. 11. A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred (300') of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered. Please see Attachment D. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. 1 — We have been instructed by Ada County Highway District (ACHD) and asked by the neighbors to extend SW 3rd Street to the north property line. SW 3rd Street is longer than 450 feet. In order to extend the street to Franklin Road in the future, it must be a dead-end with a temporary turnaround for now. There will be adequate fire hydrants installed for emergency use by the fire department. 2 — The City of Meridian has requested that we not tile the Eight Mile Lateral due to a concern about small children getting sucked through the trash rack openings which are required in a large pipe. In order to tile the Eight Mile Lateral, a pipe size in excess of 49" would have to be used. The City Council asked us to apply for these variances. Similar variances have been granted in other projects to the East and West for the same reason. Variance Application — Page 2 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. Section 9-605.B.6 — 450' length of street. 2 — Section 9-605.M — Tiling and fence placement. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. 1 — Property owners would be denied road access that has been specifically requested by ACHD and the neighbors. In addition, a continuation of the urban street pattern would not be allowed. 2 — If the Eight Mile Lateral is tiled, it will result in a higher potential for death of young children due to the size of the pipe and the trash grate. Also, if easements were left at 30 feet on both sides, that easement would create a patch of weeds that would be an eyesore for the City of Meridian and the occupants of the business park. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. 1 — Neighbors and ACHD want to extend SW 3rd Street to the North. Also, the desire to continue the urban street pattern within the City of Meridian. 2 — The Eight Mile Lateral runs through the middle of the Troutner Business Park. We would like the business park to look attractive. Allowing the fence to be located closer to the canal will decrease the presence of weeds within the canal easement. Also, the business park is located near Hope Arms Apartments. If a child happens to fall into the canal, it will be much more likely for the child to get out if the canal is not tiled. In addition, the canal is not fenced right now. It will be fenced as part of the landscape and easement procedures. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. 1 — Neighbors and ACHD want SW 3rd Street as a stub street for eventual connection to Franklin Road from the Troutner Business Park. 2 — The size of the Eight Mile Lateral dictates a pipe size of 72". The City has indicated that tiling is not necessary or required in other projects with canals that need pipes over 49" in size. Variance Application — Page 3 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. 1 The City has approved culdesac length variances in other projects so future street extensions will allow continuation of the urban street pattern grid. 2 — Other projects have been granted variances to not the the Eight Mile Lateral to improve the safety of children and the public. In addition, variances have been granted to move fences closer to canal banks with the permission of the City of Meridian and Nampa - Meridian Irrigation District. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. 1 — Neighbors and ACRD have asked Ballantyne, et al, to stub SW 3rd Street to the north property line to allow for a future street extension to Franklin Road. This action requires a culdesac street longer than 450'. 2 — The size of the canal was not created by Ballantyne, et al. Beautification of the canal right-of-way is a request of the City of Meridian. Permitting the variance will allow more land for landscaping and less land in weeds. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. No special privilege is being afforded to the applicant. The applicant is following City policy of (1) extending the urban street pattern; (2) better landscape on canal easements; and (3) keeping the flow of the canal open as directed by the City. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan. The City of Meridian Comprehensive Plan encourages extension of the urban street pattern, landscaping along canals, and actions to protect the safety of residents near bodies of water. 21. A fee established by the Council — Base Fee $250.00 Certified Mailings ($1.42 x 92) $130.64 TOTAL FEE $380.64 Variance Application — Page 4 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. This variance is not for the convenience of the applicant or for the profit of the applicant. These variances will require expenditure of funds by the applicant but are for the convenience and protection of public interest. 23. The property will be posted one week before the hearing stating that the Applicant has applied for a Variance. There must be a signed affidavit that this has been done as part of the application. Please see Attachment E. Variance Application — Page 5 TROUTNER BUSINESS PARK Legal Descriptions 1) Boundary Perimeter Legal including revised easement on Fuller property: A parcel of land lying within the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25' West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00008'25' West, a distance of 568.70 feet; thence N 72009'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00008'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85041'00" East, a distance of 147.41 feet to an iron pin; thence N 79055'00" East, a distance of 523.37 feet; thence N 00013'43' East, a distance of 142.37 feet; thence S 89055'14' East, a distance of 790.42 feet; thence N 00023'12" East, a distance of 331.66 feet to an iron pin; thence N 89°56'12' West, a distance of 128.95 feet to an iron pin; thence N 00°18'07' East, a distance of 663.24 feet; thence N 89058'05" West, a distance of 663.25 feet; thence N 00°13'43' East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 0001348" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE% of the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly corner of said SE% of the NEX; ArAcµMarr A 5/31/96 page 1 Iegals.doc of M TROUTNER BUSINESS PARK Legal Descriptions thence S 0022'35" West, along the easterly boundary of said SE% of the NEY4, a distance of 162.32 feet to the POINT OF BEGINNING; thence S 0022'35' West, a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89°5545' West, a distance of 533.22 feet to a point; thence N 0022'35" East, a distance of 50.00 feet to a point; thence N 89055'45" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 0.61 acres of land, more or less. Agvk4mair A 5/31/96 page 2 legals.doc of. W:;� ,,, ,; �,, -loO entAn-1lv, .3045 Thr)yrt, r� ,r,,, r, ! i�h , P17053 T( COrn��rr.'• •Sive 28 June 1996 Mr. John Anderson Nampa -Meridian Irrigation District 1503 1st Street South Nampa, ID 83651 Dear Mr. Anderson: I am writing on behalf of my client, Mr. James H. Ballantyne, who is developing the Troutner Business Park in Meridian. The Eight Mile Lateral crosses this business park running approximately from the southeast corner to the northwest corner. We have decided not to tile this lateral for safety purposes and have applied to the City of Meridian for a variance to allow the canal to remain open flow. The other issue we must address is that of having a lateral traverse a business establishment and placement of fences. Please refer to the enclosed sketch as a reference for the following information. Fence locations A and B are the normal locations offences to the north and south of the canal to permit full Nampa -Meridian Irrigation District (NMID) easements on both sides of the lateral. We plan to leave the full easement with Fence A on the north side of the lateral for NMID vehicles. We propose to build the south fence at fence location C at some distance closer to the canal than the 30' easement location. By building Fence C closer to the water on the south side of the lateral, there will be a larger area for business use and landscaping as opposed to allowing weeds to grow freely within the south 30 feet of easement. We believe this will encourage beautification of the canal area. We will use NMID approved vegetation within the easement areas. We would like to meet with you briefly to discuss this proposal and your approval involved with the site plan. Is there a time on Monday or Tuesday of next week that we can meet with you for fifteen minutes to discuss this proposal? Please let me know when will be the best time for you. Thank you! prnir, ., Respectfully, Mn- '4:0 f'In!rnn Wayne S. Forrey, MCa, P Representative of James H. Ballantyne Enclosure r, 2 ,62 .—r ct ct V W b�A O R3 0 V 4� 4-� V 4J ^-1 Cd Cd V 0 N A Vd, �l <<< � O a V Q L L 4� O LL 0 V Cl) C/1 N C) H o Z -0 Z3 cu Q N L auPy 9, 1996 j?EcElvEQ Me than ! iana ng & Zoning Commi-3,6.ion 33 Cant Idaho street J U t 0 9 1996 ('le�an, ID 83642 S.uts CITY OF MERIDIAN G),e a120iogize. /o2 .the ,shoRt time that you wiV have to Izev.i_ew th.i,6 .Petters. It wahn t untie we 4&iLvzed ltom. out vacation ove2 ,the weekend that we .Peavned o/ the .Pat ez t Bhang" to the /3a.Uant yne-72ou zeA Bu "w6,6 Parrk, and that .it t.6 on the agenda lon ton ight',6 meeting, 0114 neigh.mz t o& u.3 o f the meeting and the pltopo sed changes to the pa zk. I taPked to Nayne f-oaaey (the ultganz 12.Panne-1c wo4king with 04. Ba.,Uan tynz) yeate/zday and wa.6 toed that out names wee on hies .Pi st of homeowneaz to P,e not i/ied, but we hadn't aece_ived a -Petters from the city 0/ /leaidian. ,4/1-e, taiking to P12. '7oaaey we wanted to voice oust conceA" .in case we can't attend ion.tght',s meeting. On the rhoZe we have found the p.Pans loa the "ineZs to P.e we.QP thought out, and ante in ,avoa of .it. 112. foiutey ,said that ,some type of /,ence. w.i.0 ge. /gut up ac)to s s the .hack of the paope 1iez that adjoin the /2aak. Re cute .in lavo2 0/ tome type of zo2id fence - N07 a chain Link one.. k)e a2e zti -U very much .in lavon o/ the osigina.P pian. which .showed Pennwood St,w-et extending into the tus.inez.6 pack, giving d-wejv access to &&&than and TaankQ in /toads. 7h.i s would make d2ivcng much ea s.i.ea. /on many o f the ae s.iderzt s who wortk .in do i -se and need to get to and Aom the /te_e_way each day. Even though the Coapo2ate DIt,ive extent ion won't Pe compie ted /o2 a Iew yealc s, we lze e i t' z impoir tant .that the commu" .in th.i z a.4 -ea have a Zink to it. b)e 1teat ze that ext2a tea//ic thzough th.iz aaea .tis a eoncertn Io2 partents with, ,sma.0 chi&/zen, Put leee that it',s -rmpoittant /oz the liow of Laa/;i,c in th.iz a2ea to have othe2 a2teanat.ive s to and Aom 72ankZ in and l'le4.idian Road s. It wou & ai,3o give emeagency veh.ic&z aae4nate zou to s . Sa/e t y mea u4.ez, ,such a6 ,speed &umpz o2 a .3top z ign whe2e Pennwood Stlreet .en tent the guz ine s s pa4k, coned Pe implemented to he.Pp ,s.Pow down titer//i,c. b)e appze.ciate the e//o4i-6 of 84. Bat&mtyne and P12. foa4zy to keel the homeowners inloAmed o�l Vie, p4opoaed park and look /onwt zd to having Lhiz addition to the city of !'le�n. 7hank you /02 youa co" i denati on o/ the eoncvAnz o f aU o f u.6 in the t2ankiin Square Sueldiviz ion. s iace2e.Py, Don S ChIt i z i.ne. ('lace 530 Lynha4zt 10.6ace. ('zaidian, Its 83642 r MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 9 1996 APPLICANT: JIM BALLANTYNE AGENDA ITEM NUMBER: 13 REQUEST; REQUEST FOR A PRELIMINARY PLAT FOR TROUT NER BALLANTYNE BUSINESS PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. GII 101MR WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Planning & Zoning Commission, Mayor & Council From: Bruce F-eckleton, Assistant to City Engineer ShariP&Z Administrator Re: TROUTNER BUSINESS PARK (Preliminary Plat - By James H. Ballantyne & Partners) COUNCIL MEr`�ar=ac WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z CMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY July 3, 1996 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1 • 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 need to be called out on the Preliminary Plat. Several ditches are shown on the plat, but what will be done with them is not shown. 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 prior to development plan approval. A variance application will need to be submitted and approved to leave the Eight Mile Lateral open. 2. 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. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 -foot -wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. C:\OFFICE\W PWMW PDOCS\BALLANT2. P&Z P&Z Commission, Mayor & Council July 3, 1996 Page 2 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Supply and distribution mains will be addressed pending the results of the analysis. 7. Sewer service to this development is contingent upon positive results from computer model analysis. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Street signs are to be in place, water system shall be approved and activated, and road base to be approved by the Ada County Highway District prior to any building permits being issued. 9. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 10. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 11. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 12. The face of the plat needs to be stamped and signed by the person preparing the plat. 13. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the scheduled hearing. SITE SPECIFIC COMMENTS 1. The annexation and zoning request for this property showed L -O zoning south of the Eight Mile Lateral and west of the 1/4 Section line, and the remainder C -G. Lots should not be split by separate zoning classifications. The current plat application indicates that only Lots 5-12, Block 1, are to be zoned L -O. 2. Show and call out connection to existing sanitary sewer and water lines in Franklin Road, Pennwood Street, and Meridian Road. C:\OFFICE\WPWRAW PDOCS\AALLANT 2.P&Z P&Z Commission, Mayor & Council July 3, 1996 Page 3 3. Sanitary sewer service to Lots 1-4, Block 1, is not available at this time. Service for these . lots shall be via an extension of the line in Taylor Subdivision. Sewer service for the remaining lots is proposed through Franklin Estates Subdivision. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. The sewer line needs to be extended as far east as possible through the Fuller 50' access easement, as this road will be built. 3. Water service to this site could be via existing mains in Franklin Road, Meridian Road and Pennwood Street, with future connection to the Corporate Drive Extension. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. The water line in S.W. Fifth Street will need to be extended across the Eight Mile Lateral in order to have an interconnection. 4. The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Lateral. 5. Lots 1-4, Block 2, are not shown as being served with pressurized irrigation. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation/drainage district. 7. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Provide 50 -foot radius paved temporary turnarounds at all proposed stub streets more than one lot in depth. Permanent turnarounds will be required to be constructed to Ada County Highway District standards at the termini of Barrett Street and Pennwood Street. C:\OFFICE\WPWIMWPDOCS\BALLANf2. P&Z P&Z Commission, Mayor & Council July 3, 1996 Page 4 9. The previous submittal reviewed by P&Z showed Pennwood Street being extended into this development; this has now been turned into a hammerhead. Vehicles from the adjacent neighborhood will have to utilize Franklin Road to access any of the offices/businesses in this development. At minimum, a pedestrian walkway should be designed and incorporated at either Barrett Street or Pennwood Street. 10. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. 11. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. 12. Pressurized irrigation system is shown within the Nampa -Meridian Irrigation District easement. Please submit an executed license agreement with Nampa -Meridian Irrigation District for encroachment/roadway crossings prior to approval of development plans. 13. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 14. All uses proposed for this plat are to be approved under the conditional use permit process for a planned development. The USDA Building proposed for Lot 3, Block 2, is being presented to P&Z and Council for approval in conjunction with the preliminary plat and annexation. As Council has already conceptually approved this building through Ada County's process, a separate conditional use permit should not be required. 15. Cul-de-sac length for S.W. Third Street exceeds the City's Ordinance by 400 feet. A variance application will need to be submitted and approved for the plat to remain in this configuration. 16. Provide detailed landscaping plans for 35' landscape setback/lots for approval prior to signature on the final plat. C:\OFFICE\W PW IN\W PDOCS\BALLANT2. P&Z WILLIAM G. BERG, JR., City Clerk JANIGE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE YALLEy A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Preliminary plat for Ballantyne-Troutner Business Park BY: Jim Ballant ne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road W of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z GREG OSLUND, P/Z ADA COUNTY HIGHWAY DISTRICT TIM HEPPER, P/Z ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR RONALD TOLSMA, C/C NAMPA MERIDIAN IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C WATER DEPARTMENT INTERMOUNTAIN GAS IRELIM & FINAL PLAT) BUREAU OF REC SEWER DEPARTMENT T (PRELIM & FINAL LAT) CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE R ARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER 1 :`T r_ -i _�"^ na•�r ��r !<.?ai w3 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-0443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and. recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Preliminary slat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road W of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z GREG OSLUND, P/Z ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 4 `" TIM HEPPER, P/Z BOB CORRIE, MAYOR CENTRAL DISTRICT HEALTH J .J NAMPA MERIDIAN IRRIGATION DISTRICT ^ RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELMM & FINAL PLAT) ' ` 'oE911 WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _ 1Q.rwnnrq�l,l 7"wrw-/ZfLc�.cx� sho Qw t�� I CITY PLANNER Pt-Aws w: L L Aw L� tet. 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JO�UA �pI WWNN�� app AC�8JO _ ^p�N�bOp�ppA�pW pN pN � 00000000 jgNa, ypW�OP 0000 pW OO�OOO C 9� r9 9 m bJTUA WN�Ob000p_O n41 08g1 tNA�JN00 x pJ pbN i � 8�888S888g8gg0g8 pp QOUO OOCg$ 888��g a� � nWNN ppb��pp OOJJ QUUAAW �COb�WO�Jp WJO UOOW JNJ WN:, U Wb� c 9 00 tANb JO �ip�Jl �pD �pQD�OB�ppN. �p00p�pW Op�pA O^ ppA�ppb. pA pO pU p�pgJ pW � 0000000000000000 ppO�O8O ppU. SW 0000 p��ppO pJ 00000 f OOAAAA r�r�JUNS5��JtnfJS5��J{AfJS5��JUNS5�� 2508025080250802508025 WWWW JlANS� 08025 NNNN��0T JUNS5��JiA 0802508 3qq ? A u A W N 4O 1Si � 2 M In r O M - M m v M m M N Z W X n S -n D O fA M Z w C r c Z G) >C� N JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary City of Meridian 33 East Idaho Boise, Idaho 83642 Re: Ballantyne-Troutner Business Park June 25, 1996 Franklin Rd and Meridian Rd On May 2, 1996, Ada County Highway District Commission acted on Ballantyne-Troutner Center Park for this site. The conditions and requirements also apply to Ballantyne-Troutner Business Parl'(VEvis�i) , If you have any questions please feel free to call me at 345-7662. Sincerely, q4 1 1 &7 Mark L. Butler Development Analyst cc: Project file Chron file ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680 JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary May 2, 1996 TO: James Ballantyne 10250 Whispering Cliffs Boise, ID 83704 1 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: Preliminary Plat-Ballantyne-Troutner Center Park- Franklin arkFranklin Rd and Meridian Rd On May 1, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance. the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2• If tiublic street improvemen rP required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, 199d= her with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction of the District. or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 9 Phone (208) 345-7680 May 2, 1996 Page 2 • Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority t with for the manufacturing and installation of all street signs, asrequired.ayment f fee charged 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications. and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi Wayne Forrey Dobie Engineering City of Meridian ADA COUNTY HIGHWAY DIS MILT Development Services Division Development Application Report Preliminary Plat - Ballantyne-Troutner Business Park Franklin Rd west of Meridian Road MPP -2-96, Meridian Ballantyne-Troutner Business Park is a 39 -lot commercial/office subdivision on 38 -acres. The site is located on the south side of Franklin Road approximately 1/4 -mile west of Meridian Road. This development is estimated to generate 5,900 additional vehicle trips per day (depending upon the final land uses) based on the Institute of Transportation Engineers Trip Generation manual. The Commission approved this project on April 3, 1996. The applicant submitted a revised access plan and the Commission voted to reconsider the issue during the April 10, 1996 Commission meeting. This staff report includes the revised access plan and new project requirements. Roads impacted by this development: Franklin Road Meridian Road ACHD Commission Date - May 1, 1996 - 12:00 p.m. FIGURE C BALLAN TYNE— TROU TNER BUSINESS PARK N��E_ : T '�o C�•�7 SITE—GENERATED TRAFFIC �,Y,;V..Ww docs wt �.l►' v.. 0.S si^'� "`' WITH PENWOOD ST. EXTENSION pv, HOii WMM COMPANY 1 N J; FRANKLIN ROAD Ot11 AVF7IUE — — — — — — — — ——C�Ot=1[ DRIVE EJfT[N — — — — — — — _ — — — I7GI CORPORATE CIHvE AoTmom =.VERAGE --,AILY 7 RAFF:C Traffic Study Prepared By: COBIE E"GINEERING, ;� Meprmftene vr. ?pia*. i0 83702 IA5-3".SO Facts and Findings: A. General Information C -G, L -O - Existing zoning 38 - Acres 39 - Proposed building lots 0 - Square feet of existing building 3,500 - Total lineal feet of proposed public streets (approx) 280 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment. District Franklin Road Minor arterial with no pathway designation Traffic count 10,242 in 1990 238 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. C. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38 -acre mobile home park on this site. That application was not approved by the City of Meridian. On August 2, 1995, the Commission reviewed an annexation with rezone from R14 & RT to C -G & L -O (MA -1-95) to allow office and general commercial development on the site previously considered for a mobile home park. D. A traffic study has been submitted with this application. Staff has incorporated portions of the traffic study in this report. E. Access to the development is proposed by street connections to Franklin Road, Meridian Road and the future extension of Corporate Drive. The site has a 50 -foot wide by 533 -foot easement to Meridian Road located approximately 210 -feet south of Gem Street. The site BALLAN71'. Page 2 does not have any actual frontage on Meridian Road. A stree, proposed on this easement between Meridian Road and SW 3rd Street. Staff and the applicant agree that this stub street will not be needed once the internal street connection to Corporate Drive is completed. F. Two stub streets extend to the site's west boundary from Franklin Square Subdivision. The applicant proposes construct a hammer -head turnaround at the northern stub, Barrett Street and the southern stub, Pennwood Street. G. Two stub streets are proposed to the south boundary of the site and may intersect with an extension of Corporate Drive in the future. Corporate Drive extended west of Meridian Road was recently approved for inclusion in the Capitol Improvement Plan (CIP) by the Commission; however, it is not yet listed in the District's Five Year Work Program. H. The north -south internal street that connects to Franklin Road (SW 5th Street) is proposed with a 60 -foot right-of-way. The proposed street has been modified to intersect Franklin Road across from the main driveway to the Hoff Forest Products on the north side of Franklin Road. The submitted traffic study did not include a warrant analysis for a traffic signal at Franklin Road and SW 5th Street. The forecast traffic volumes are low enough that a traffic signal is not anticipated. I• The applicant has proposed an extension of SW 3rd Street north from Fulmer Avenue to the northern property line. Staff intends to extend SW 3rd Street north to Franklin Road when the adjacent parcel is redeveloped. J. The remaining internal streets are proposed to have right-of-way widths of 50 -feet. The District's standard right-of-way width for commercial streets is 58 -feet wide to accommodate a 41 -foot street section with 5 -foot wide sidewalks. Staff recommends that all streets within this development be constructed to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. K. The parcel has 238 -feet of frontage on Franklin Road. SW 5th Street is proposed to intersect Franklin Road across from the main driveway to Hoff Forest Products. The centerline of SW 5th is proposed to be 5 -feet east of the centerline of the existing 50 -foot wide driveway to Hoff Forest Products. The Hoff development is estimated to generate 625 vehicle trips per day. Staff recommends that SW 5th Street be incorporated into the reconstruction of Franklin Road, currently scheduled in 1998. L. Franklin Road is scheduled in the District's current Five Year Work program for reconstruction in 1998. Staff recommends that the applicant be required to provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Prior to the District improving Franklin Road, a left -turn deceleration lane will be needed on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. Staff recommends that the deceleration lane be required based on the criteria from the Institute of Transportation Engineers Transportation and Land Development handbook. BALLANTY. Page 3 M. Meridian Road from t-�anklin Road to East 1st Street is sched,_. d to be improved by the District in the current Five Year Work Program in FY 1998. A traffic study to determine the necessity of the Meridian/E. 1st Street couplet is scheduled in the District's current Five Year Work Program in FY 1997. Staff recommends that the applicant be required to provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Staff recommends that a left -turn lane be required on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. N. The proposed turnarounds for Pennwood and Barrett Streets at the site's west boundary will prevent a street connection between the residential development to the west and the proposed commercial/office development. . O. Staff recommends that driveways to the individual lots maintain 50 -feet of separation from near edge to near edge with the driveway widths not exceeding 30 -feet. Shared driveways are encouraged. P. Staff recommends that access to SW 5th Street for lots near Franklin Road be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. The 175 -foot offset is the minimum allowed for a driveway on a collector road from a controlled intersection. Although SW 5th Street is not classified as a collector street on the Functional Classification Map, the estimated traffic volumes of 5,900 vehicle trips per day justify using the collector street offset. Q. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. R. This application was heard by the Meridian Planning and Zoning Commission. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. BALLANn. Page 4 2. Provide a $2,023.00 aeposit to the Public Rights-of-Wav Trus .-und for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 3. If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 4. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 5. If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 6. Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 7. Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. 8. SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 9. SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 10. SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 11. Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 12. Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 13. Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited. " 14. Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff's driveway may be located a maximum of 5 -feet apart. BALLANiY. Page 5 15. Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 16. Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway should be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District will delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 17. Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 18. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed ori future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a m on the day scheduled for Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall sperifrally identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. -Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. BALLANTY. Page 6 4. A right-of-way permit must be obtained from ACHD for any sheet or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission, Contact Construction Services at 345- 7667 (with file number) for details. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. BALLANTY. Page 7 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Any portion of a street which is required by the District to be designated as "no parking" shall be posted by the installation of standard "no parking" signs. A signing plan shall be sealed, signed and dated by a Registered Professional Engineer and submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the signing plan approval shall be completed prior to issuance of a building permit (or other required permit). 17. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed. including but not limited to landscaping, berms, fences. walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 18. Submit three sets of street construction plans to the District for review and appropriate action. 19. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 20. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 21. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 22. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 23. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 24. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. BALLANTY. Page 8 25. No change in the terms and conditions of this approval shall bt valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 26. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services Staff Date of Commission Apt)rQval: MAY 0 2 1996 BALLAN Y. Page 9 C00 CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMEI1sVC-,F1 .— Environmental Health Division g Return to: IN. ❑ Boise tSsIL}t'❑ Eagle ❑ Garden city .Meridian Conditional Use # _ ❑ Kuna Prelimina Final / Short Plat u'A//lf7l; YNc — / Rod /YEZ ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 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: ,9 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage UWcentral 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 1�9 central water 10. Street Runoff is not to create a mosquito breeding problem. FEW Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 15. Date:/ ll4fa Reviewed By: , Review Sheet CDHD 10/91 rcb, rev. 1/95 CENTRAL C DISTRICT ALT H p . BOISE. 10.83704 • (208) 375.52„ • FAX. 327-8500 h � IN OFFICE • 701 N. ARMSTRONG L DEPARTMENT To prevent and treat disease and disability; to p rornote healthy lifestyles; and to Protea and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater the desig and surface water quality. The engineers and architects involved for stormwater of this project should obtain current best management practices disposal and design a stormwater management system that s be usedpreventing goundwater and surface water degradation. Manuals that could guidance are: ..1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE P 2GET SOUND, State of Washington Department of Ecology, February 199 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT servinv Valley, Elmore, Boise, and Ada Counties Ado / 8d» CM* 00Ce WIC 8080 - maid= 707 K Am WV PL 1606 Roberts 8040.0. 83704 806e. 0. 83705 Ph. 3343355 Bwin Hea18L 327.7499 324 Merlon. 0. FAY Pdrin9. 327.1400 83642 Ph. 88&6525 hvnL6?n*y,&- 177.7450 Elmore Countp ofte 520 E. 8th Sheet K Mountain Moms. ID. 83647 Ph. 587.4407 E1mas CW* Oldae d Emiaarwld Hecdh 190 S. 4th Sheet E Mantcr Pam. 10. 83647 Ph. 5874225 Valsy Cour Me P.O. em 1448 MCC& 0.83638 Ph. 634.1194 J i 4 Z 6 1996 CI Ty OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 24 June 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Attn: Will Berg Boise 343-1884 City of Meridian SHOP: Nampa 466-0663 33 East Idaho Boise 345-2431 Meridian, ID 83642 RE: PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARR Nampa & Meridian Irrigation District's Eight Mile Lateral courses through the middle of the project. The right-of-way of the Eight Mile Lateral is 80 feet: 40 feet from the center each way facing downstream. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343- 1884 or 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH/dln pc: Water Superintendent File - Office File - Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 25 June 1996 Jim Keller, P.E. Keller Associates, Inc. 545 Benjamin Lane Boise, ID 83704 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 . Boise 345-2431 RE: Land Use Change Application for Troutner Business Park Dear Mr. Keller: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Jim Ballantyne City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9VILUAM G. BERG. JR., City Clark JANICE L. GASS, City Treasurer GARY 0. SMITH. P.E., Clty Engineer BRUCE 0. STUAFM Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Paft Supt. SHARI L. STILES. P & Z Administrator PATTY A. WOLFKML, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL' GORDON. Ponce Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MFMR Rc A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CHARLES REQUEST: Preliminary Rlat GLENN R. ENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P e 2 COMMISSION Phone (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Dcparunm (208) 887.2211 TIM HEPPER Motor Vchicic/Drivers Lioeese (208) 888.4443 JIM SHEARER GREG OSLUND ROBERT D. CORREE MALCOLM MACCOY Mayor 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 St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6118196 HEARING DATE: 7/9/96 REQUEST: Preliminary Rlat for Ballantyne-Troutner Business Park BY: ,Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road. W of Meridian Road .'. ' JOHNSON, P/Z .COLM MACCOY, PR MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) SHEARER. P/Z 'IG. OSLUND, P/Z ADA COUNTY HIGHWAY DISTRICT HEPPER, P/Z ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT N IALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT RLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) N c TMORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) m NN BENTLEY. C/C JNTERMOUNTAIN GAS(PREUM & FINAL PLAT) a ' 1ER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) o I— LL (ER DEPARTMENT DING DEPARTMENT DEPARTMENT CITY FILES OTHER: YOUR CONCISE REMARKS: ICE DEPARTMENT 'ATTORNEY o'o l 1 (x ' We require a permanent 10 -foot wide public utilities JUN 21 '96 13:26 easement along all lots adjacent to a road right-of-way dedicated to public or private use. koa e Tim Adams 6 Z Idaho Power 322-2047 208 388 6924 PAGE.01 .KKELLER A SSOCIA TES, INC. MEMORANDUM TO: City of Meridian Planning & Zoning Commission, Mayor & Council FROM: Rod J. Linja, P.E. �►� i.1j-� DATE: July 9, 1996 RE: Troutner Business Park Preliminary Plat As requested and on behalf of Jim Ballantyne & Partners, we have provided supplemental information and responses to the July 3, 1996 comment Memorandum by City of Meridian staff. We are hopeful this supplemental information helps clarify issues about the Troutner Business Park. The format of this Memorandum follows the July 3 comment Memorandum numbering sequence and addresses comments from other City Departments and outside agencies. RESPONSE TO GENERAL COMMENTS 1. There are currently three irrigation/drainage ditches on the property. Our intent is to accommodate and provide for the facilities as follows: (1) A variance to leave the Eight I"d Mile Lateral "open" has been submitted to the City. The Eight Mile Lateral will be til at roadway crossings. (2) We intend to tile the ditch near the center of the property that flows to the south, thereby preserving irrigation service at the current point of delivery. The design of this new gravity irrigation pipe will be coordinated with the appropriate lateral users association along with a necessary easement and/or agreement. A 15 -foot easement is shown on the Preliminary Plat. (3) The ditch that flows west towards the Franklin Square Subdivision appears to be abandoned and no longer in use. We intend to research this further during the preparation of the development plans. (If this ditch is in use or serves as a drain or wasteway, it would also be tiled similar to item (2)). 2. O.K. , comment understood. Appropriate measures for existing wells and/or septic systems will be addressed during the preparation of the development plans. 3. O.K., comment understood. Groundwater and soils data will be collected during the preparation of the development plans. Gary Smith has informed us of the separation requirements from groundwater to the bottom of building footings. A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (208) 375-1992 P&Z Commission, Mayor & Council Troutner Business Park July 9, 1996 Page 2 of 6 4. The Covenants, Conditions, and Restrictions (CC&R's) will be submitted July 9, 1996. 5. O.K. Five-foot sidewalks will be provided on both sides of the streets within the plat. 6. Comment acknowledged. This item has been discussed with Gary Smith and Bruce Freckleton and we are awaiting the results of your hydraulic analysis. 7. Comment acknowledged. This item has been discussed with Gary Smith and Bruce Freckleton and we are awaiting the results of your sewer computer model analysis. 8. A copy of the approved Subdivision Evaluation Sheet from the Ada County Street Name Committee is attached as Exhibit A. Streets on the Preliminary Plat`Map have been revised to conform with this evaluation. The second part of the comment regarding improvements related to building permits is acknowledged. 9. O.K. Fire hydrant placement will be coordinated with the City. 10. The property is not located on a FEMA Floodplain as is stated on the Preliminary Plat Map. 11. The direction of natural drainage flow would be preserved. According to our discussion with Gary Smith, a conceptual plan for the street drainage is shown on the Preliminary Plat and is further addressed as follows: (1) The area north of the Eight Mile Lateral on SW 5th Street will flow north toward Franklin Road and tie into the proposed storm drain on Franklin Road (depending on the timing of the Franklin Road improvements) or into detention facilities provided on Common Lots 1, Blocks 1 and 2. Water quality treatment will be provided by either a sediment and grease trap or grassy swale on the Common Lots. (2) The area north of the Eight Mile Lateral on SW 3rd Street will flow north toward the limits of the property into an underground infiltration gallery (French drain). Water quality treatment will be provided by a sediment and grease trap prior to infiltration. (3) The remaining streets south of the Eight Mile Lateral will drain to the west through or toward Common Lot 10, Block 1, and either connect to the Franklin Square Subdivision storm drain system or a detention facility would be constructed on Common Lot 10, Block 1. Water quality treatment would be provided by either a sediment and grease trap or a grassy swale/detention facility on the Common Lot. According to the NMID, another option exists which includes piping storm water to the 10 Mile Drain south of the business park. The remaining drainage for each lot will be managed on site. 12. O.K. Revised Preliminary Plat Map is stamped. P&Z Commission, Mayor & Council Troutner Business Park July 9, 1996 Page 3 of 6 13. O.K.* Revised Preliminary Plat Map and this Response Memorandum is submitted today prior to the scheduled hearing. RESPONSE TO SITE SPECIFIC COMMENTS 1. The current Preliminary Plat Application and Map is shown correctly. Only Lots 5-12, Block 1, should be zoned L -O. The objective to provide an L -O zoned land use buffer adjacent to the Franklin Square Subdivision is achieved. This configuration works well for the business park. Currently, no lots are split by different zoning classifications. 2. Additional information regarding connections to existing sanitary sewers and water lines have been added to the Preliminary Plat. 3. According to discussions with Gary Smith, two options exist for sanitary sewer service to Lots 1-4, Block 1, via extension of the sanitary sewer east on Franklin Road, then to the north. An existing sanitary sewer is located about 170 north of Franklin Road near Gieslers and another sanitary sewer is located about 630 feet north of Franklin Road on Taylor Street. We have previously reviewed the preliminary sanitary sewer design related to the proposed Franklin Road improvements and plan to coordinate service with the Meridian Public Works Department. With regards to the Wastewater Treatment Plant capacity, we are anxiously awaiting results of the capacity analysis. Sewer lines will be kept to the south and west sides of roadway centerlines. We request that the sanitary sewer extension requirement along the Fuller access easement be omitted. This extended sewer line would not serve or provide any benefit to the Troutner Business Park. The Fuller 50 foot access easement has been reviewed with ACRD. The ACHD approval on May 2, 1996 requires a minimum 29 -foot roadway width without curb, gutter, and sidewalk in the access easement; rather than the 41 -foot urban roadway section with curb, gutter, and sidewalk required in other areas. If the Fuller property is developed at some time in the future, street improvements would consist of widening the street and constructing curb, gutter, and sidewalk. The sanitary sewer extension could be constructed at this time, if needed. Our design (invert elevation) of the sanitary sewer in the business park would accommodate a future extension. Additionally, the sewer line on Meridian Road may best serve this area if the Fuller Property is developed at some time in the future. 3. (Note: # 3 is listed twice) O.K., Comment understood and water will be coordinated with Meridian Public Works Department. Water line on SW 5th Street is now shown correctly on the revised Preliminary Plat. 4. O.K., Comment understood and two accesses are provided. P&Z Commission, Mayor & Council Troutner Business Park July 9, 1996 Page 4 of 6 5. Lots 1-4, Block 2, are provided pressurized irrigation via service lines crossing SW 5th Street from the west to the east. 6. A conceptual drainage plan is shown on the Preliminary Plat (see Item 11 under Responses to General Comments). Accordingly, street grades will direct drainage as shown by the arrows on the Preliminary Plat reflecting natural drainage flow. Generally, the street grades on SW 5th and SW 3rd Streets north of the Eight Mile Lateral will be sloped away from the lateral to the north. Conversely, SW 5th and SW 3rd south of Eight Mile Lateral will be sloped to the south intersecting with Pennwood Street. Pennwood Street will slope from the east to the west toward Common Lot 10. Street profiles will be designed to meet ACHD requirements, including minimum slopes. Detailed information will be provided during the preparation of the Development Plans. We do not anticipate discharging storm water into irrigation ditches. �r 7. O.K., Comment acknowledged regarding street lights. - 5 w 8. O.K., Comment acknowledged regarding turnarounds. 9. We hold no objection of incorporating a pedestrian walkway through Common Lot 10 (to existing Pennwood Street). However, ACHD expressed concerns on providing a direct 1 connection from this residential area to the business park for security reasons. The r PreliminaryPlat simply identifies a generic easement to the City of Meridian that can P Y g incorporate the walkway. 10. O.K., additional information regarding easements have been added to the Preliminary Plat. 11. O.K., Comment understood. Per meetings with the Nampa -Meridian Irrigation District, we plan to coordinate the design with NMID such that NMID will be responsible for ownership, operation, and maintenance of the pressurized irrigation system. A separate lot will be provided for the irrigation pump station, easements will be granted to NMID, and an agreement for such will be developed during design. The note on the Preliminary Plat is clarified. 12. As mentioned in item 11, the location of the pressurized irrigation and associated easements will be coordinated with NMID. Executed license agreements will be developed during design. 13. A fence type will be submitted with the Development Plans. Additionally, a detailed landscape plan will be developed and submitted at this time. P&Z Commission, Mayor & Council Troutner Business Park July 9, 1996 Page 5 of 6 14. O.K., Comment acknowledged regarding the USDA Building. 15. O.K., A variance application for temporary turnarounds (cul-de-sac) has been submitted(? to the City. 16. As mentioned in item 13, a detailed landscape plan for the 35 foot landscape setback on the west will be submitted with the Development Plans. We have attached a hammerhead detail as Exhibit B for both Pennwood and Barrett Streets. Given the 35 foot landscape buffer area and the 24 foot width of the hammerhead, approximately 11 feet of width will remain for landscape buffering surrounding the turnaround. RESPONSE TO MERIDIAN POLICE DEPARTMENT None RESPONSE TO MERIDIAN FIRE DEPARTMENT Turnarounds are provided on SW 5th and SW 3rd Streets. The development will have two accesses including one along Pennwood Street to Meridian Road. Comment regarding fire sprinkler systems acknowledged. RESPONSE TO ADA COUNTY HIGHWAY DISTRICT In response to the May 2, 1996 letter, items 1-7 acknowledged. In response to the Development Services Division, Development Application Report, Site Specific Requirement starting on page 4: Note, the location of SW 5th Street has been modified to align with the Hoff Company Driveway along Franklin Road. Comments 1-18 are acknowledged except for the following items in which we intend to request a modification through ACHD procedures: 7. The standard vertical curb and gutter for the hammerhead turnaround at Barrett and Pennwood Streets may not be warranted and may not provide for good drainage design. 10. A temporary turnaround has not been provided on the south boundary of SW 3rd Street since the distance is only one lot deep. 15. The cross access easement is no longer needed due to the re -alignment of SW 5th Street. P&Z Commission, Mayor & Council Troutner Business Park July 9, 1996 Page 6 of 6 RESPONSE TO CENTRAL DISTRICT HEALTH DEPARTMENT Central water and sewer will be provided and plans submitted to IDH&W, DEQ for approval. Storm water management will include water quality treatment and will not present a mosquito breeding problem. RESPONSE TO NAMPA & MERIDIAN IRRIGATION DISTRICT According to Bill Hensen, of NMID; although NMID's June 24, 1996 letter identified an 80 foot easement, their primary concern relates to adequate space for proper maintenance. Specifically, they need 18 feet of flat ground from the edge of the water surface to the outside edge of the easement to accommodate the canal road and equipment. A 60 foot easement centered about the canal provides 20 foot of flat ground from the edge of the water surface. Further, they are willing to work with us on license agreements for encroachments related to the fence location and landscaping along the lateral. Therefore, our Preliminary Plat continues to show a 60 foot easement which satisfies the needs of NMID. Other comments regarding Land Use Change/Site Development application, protection of laterals and wasteways, and surface drainage acknowledged. We will work with the NMID such that the pressurized irrigation will be owned, operated, and maintained by NMID. RESPONSE TO IDAHO POWER COMPANY A permanent 10 -foot wide public utilities easement adjacent to the road right-of-way has been added to the Preliminary Plat Map. SUBDIVISION EVALUATION SHEET Ex o l 8 i r' A Proposed Development Name TROUINER BUSINESS PARK City MERIDIAN Date Reviewed W7195 95 Preliminary Stage XXXXX Final Engineer/Developer Keller ssm Ates Inc. /Jim Ballantyne The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMHJMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise Cityr@at Name Ordinance. The followingexisting xisting street names shall appear on the plat as: V. FRANKLIN ROAD" "S MERIDIAN ROAD" WNNWooa W. f'ENq111'OOD STREET' "S.W. 5TH W*Y—AJC t� F- — 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 mule secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE A Y P ESENTATIVES OR DESIGNEES Ada County Engineer John Priester / ^ Date Z 716 Ada Planning Assoc. Terri Raynor �� �/ �Date y Al" City of Meridian Representative Date &-29-4k Meridian Fire Dept. Representative Date NOTE: A copy of thlsevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed!fl! Subindex Street index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKS TO:39dd t766T SZ2 802:01 :WObd 20:0T 96 60-inf �N nQLli n Q N CIO 7- U U Q Dw� m=� m� woo z�z �-- Q Z �=w a O ry iw QJ U W m X W SUBDIVISION EVALUATION SHEET Proposed Development Name TROUTNER BUSINESS PARK City MERIDIAN Date Reviewed 6/27/95 Preliminary Stage XXXXX Final Engineer/Developer Keller Associates. Inc. / Jim Ballantyne The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMIDMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise Cityrdlat Name Ordinance. The followina existina street names shall appear_on the plat as: "W. FRANKLIN ROAD" "S. MERIDIAN ROAD" -PC- NNWOOD "W. +PENVVQM STREET' "S. W. 5TH *hkY—A A baD 6E- "S.W. "S W 3RD AVENUE" 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 mudbe secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE A(E Y REP ESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Z i Ada Planning Assoc. Terri Raynor 1 !�'`����� Date ! City of Meridian Representative Date &-2rl-Syy Meridian Fire Dept. Representative1. — Date �" ok; NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index 3N 1W%13 Section NUMBERING OF LOTS AND BLOCKS i WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 04 1 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/9/96 REQUEST: Preliminary plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road. W. of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT OSLUND, P/Z ADA PLANNING ASSOCIATION _GREG HEPPER, P/Z CENTRAL DISTRICT HEALTH _TIM CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _BOB TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _RONALD ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _CHARLIE MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _WALT BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _GLENN DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _WATER SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 3 c c 3?o�1 urip!131N "p --- m z : 9 a' v 71 � U E 1s1 � 7 � Y O� w� +. 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AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting oz the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meet -incl following the month the request was made. Alter a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before `-:00 P. M. , Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. Troutner Business Park 2. General Location, S. of Franklin Road, W. of Meridian Rd. 3. Owners of record, Attachment A in City files Address, 10250 Whispering Cliff$Zip 83704relephone 375-1966 ' 4. Applicant, Jim Ballantyne Address,10250 Whispering Cliffs Dr. 5. Engineer Jim KelFirm Keller Associates, Inc. 43—Be�lTr,b ' Address Boise, iD ,Zip 83704Telephone 375-1992 6. Name and address to receive City billings: Name Jim 10250 Whispering Cliffs Dr. = Ballantyne Address Boise, ID 83704 Telephone 375-1966 PRELIMINARY PLAT CHECKLIST: Subdivision Features ' 1. Acres 39.90 ' 2. Number of lots 37 3. Lots per acre .93 4. Density per acre .93 5. Zoning C'Lassification(s) L -O. C -G r.. If the proposed sundiviszon is outside the Meridian City Limits but within the iurisaictional miie, what is the existing Zoning classification R-14 and RT Does the plat border a potential green belt No 8. Have recreational easements been provided for Nn 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain i.i. What scnoolts) service the area Meridian Dist No.; co you propose any agreements mor future school sites NO Explain 1-. Other proposed amenities to the City Yes Water Supply Central Water Fire Department Fire Hydrants Other 35' Ruffer Set-ha-ckExplain_ Buffer adjacent to Franklin Square Subdivision. Type of Building ( Resident i.al, Commercial, Industrial or combination)Commercial, Industrial, Office and Combination 1A. Type of Dwellingts) Sincgie Family, Duplexes, Multlpie:{es, otner No dwellings anticipated. 15. Proposed Development features: a. Minimum square footage of lot(s), None required b. Minimum square footage of structure(S)None required C. Are garages provides for, N A _square footage N/A d. Are other coverings provided for No e. Landscaping has been provided forypS Describe Landscape setback buffers as shown on plat. ' in landscape setback areas f. Trees will be provided for/' Trees will be maintained by individual. ,lot buyers and Association. g. Sprinkler systems are provided for Yes ' h. Are there multiple units Possibly , Type attached remarks office warehouse attached units ' i. Are there special set back requirements Yes Expiain along Franklin Road and adjacent to Franklin Square SUBUivislo j. Has off street parking been provided for No ,Explain k. Value range of property Market Value 1. Type of financing for development Conventional ' being developed M. Protective covenants were submitted ,Date pending 16. Does the proposal land lock other property NO Does it create Enclaves No. STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprenensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. G. Street names must not conflict with City grid system. (3) STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. Jim Ballantyne, et al, will comply with Statement Number 1. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Yes - Jim Ballantyne, et al, will comply with Statement Number 2. 3. Development will connect to City services. Yes - Jim Ballantyne, et al, will comply with Statement Number 3. ' 4. Development will comply with City Ordinances. Yes - Jim Ballantyne, et al, will comply with Statement Number 4 5. Preliminary Plat will include all appropriate easements. Yes - Jim Ballantyne, et al, will comply with Statement Number 6. Street names must not conflict with City grid system. Yes - Jim Ballantyne, et al, will comply with Statement Number 6. 7. Covenants. Covenants are being prepared but the applicant needs to work on the entrance location with City, ACHD and Henkels & McCoy Contractors to determine if the 10' landscape screen is needed or not. This will affect how the covenants are prepared and submitted to the City. 8. Seasonal groundwater. The Soil Conservation Service, Soil Profile Report for Ada County lists this property as moderate limitation for septic disposal systems with groundwater within four feet of soil surface during peak irrigation system usage. 9. Traffic impact. ACHD traffic design guidelines and regulations will be implemented. Jim Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 David L. Nordling P. O. Box 7705 Boise, ID 83707 Paul Troutner 629 W. Richmond Lane Boise, ID 83706 (208)344-5764 Owners of Record Art Troutner 707 Troutner Way Boise, ID 83712 (208) 344-5956 Dennis E. Heeb 3430 Americana Terrace Boise, ID 83706 Edward Jenkins P. O. Box 6106 Carefree, AZ 85377 (662)488-9209 A TROUTNER BUSINESS PARK 1 Legal Descriptions 1) Boundary Perimeter Legal including revised easement on Fuller property: ' A parcel of land lying within the NEY. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25' West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00008'25' West, a distance of 568.70 feet; thence N 72009'35' West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00008'58' West, along said east boundary, a distance of 1363.46 feet; thence S 85041'00' East, a distance of 147.41 feet to an iron pin; thence N 79055'00" East, a distance of 523.37 feet; thence N 00013'43' East, a distance of 142.37 feet; thence S 89°55'14' East, a distance of 790.42 feet; thence N 00023'12" East, a distance of 331.66 feet to an iron pin; thence N 89056'12' West, a distance of 128.95 feet to an iron pin; thence N 00°18'07' East, a distance of 663.24 feet; thence N 89058'05' West, a distance of 663.25 feet; thence N 00013'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00°13'48' East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE'/, of the NEY. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SE% of the NEY.; M%OFW 5/31/96 page 1 legals.doc Of TROUTNER BUSINESS PARK Legal Descriptions thence S 0022'35' West, along the easterly boundary of said SE% of the NE%, a distance of 162.32 feet to the POINT OF BEGINNING; thence S 0022'35' West, a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89055'45' West, a distance of 533.22 feet to a point; thence N 0022'35' East, a distance of 50.00 feet to a point; thence N 89055'45' East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 0.61 acres of land, more or less. 11I1wr jA 5/31/96 page 2 legals.doc TROUTNER BUSINESS PARK Legal Descriptions 2) Boundary Perimeter Legal including Fuller property: A parcel of land lying within the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25' West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00008'25" West, a distance of 568.70 feet; thence N 72009'35' West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00008'58' West, along said east boundary, a distance of 1363.46 feet; thence S 85041'00" East, a distance of 147.41 feet to an iron pin; thence N 79055'00" East, a distance of 523.37 feet; thence N 00°13'43' East, a distance of 142.37 feet; *hence S 8905-514' East, a distance of 790.42 feet; thence N 00023'12' East, a distance of 331.66 feet to an iron pin: thence N 89056'12" West, a distance of 128.95 feet to an iron pin; thence N 00°18'07' East, a distance of 663.24 feet; thence N 89058'05" West, a distance of 663.25 feet; thence N 00013'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00013'48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE% of the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly corner of said SE% of the NE'/.; hoz#mwTA 5/31/96 page 3 legals.doc 4( 00+ ■ TROUTNER BUSINESS PARK Lcgal Descriptions thence S 0022'35' West, along the easterly boundary of said SE'/. of the NEIK, a distance of 329.43' feet; thence leaving said easterly boundary S 89047'06' West, a distance of 533.22 feet to a point; thence N 0022'35' East, a distance of 326.76 feet to a point; thence N 89055'45' East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. AV<"'OST A 5/31/96 page 4 OF 0; legals.doc mi TROUTNER BUSINESS PARK Legal Descriptions 3) Boundary Legal of lots to be zoned L-0: A parcel of land lying within the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet, thence S 00008'25' West, a distance of 45.00 feet; thence S 00008'25' West, a distance of 568.70 feet to the REAL POINT OF BEGINNING; thence N 72009'35' West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00008'58' West, along said east boundary, a distance of 1363.46 feet; thence S 85041 '00' East, a distance of 147.41 feet to an iron pin; thence N 79055'00' East, a distance of 211.34 feet; thence N 00008'58' East, a distance of 1005.86 feet; thence N 291138'58' East, a distance of 170.41 feet; thence N 57041'11' West, a distance of 161.79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more or less. `��G1NEfR- y %N%Tf�f� G �,y,•fS L KE``% *A-"5/31/96 page OF legals.doc TROUrNER BUSINESS PARK Legal Descriptions 4) Boundary Legal of lots to be zoned C -G including Fuller property: A parcel of land lying within the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008"25" West, a distance of 45.00' feet to the REAL POINT OF BEGINNING; thence S 00°08"25' West, a distance of 568.70 feet; thence S 57°41 "11' East, a distance of 161.79 feet; thence S 29038"58" West, a distance of 170.41 feet; thence S 00008"58" West, a distance of 1005.86 feet; thence N 79055"00" East, a distance of 312.03 feet; thence N 00013"43' East, a distance of 142.37 feet; thence S 89055"14" East, a distance of 790.42 feet; thence N 00°23'12' East, a distance of 331.66 feet to an iron pin; thence N 89056"12" West, a distance of 128.95 feet to an iron pin; thence N 00018'07' East, a distance of 663.24 feet; thence N 89058'05" West, a distance of 663.25 feet; thence N 00°13'43' East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00013"48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. containing 28.48 acres of land, more or less. And also: A parcel located in the SE% of the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly comer of said SE'/. of the NE%; 5/31/96 page 6 legals.doc TROUTNER BUSINESS PARK Legal Descriptions thence S 0022'35' West, along the easterly boundary of said SE'/. of the NEY., a distance of 329.43' feet; thence leaving said easterly boundary S 89047'06' West, a distance of 533.22 feet to a point; thence N 0022'35' East, a distance of 326.76 feet to a point; thence N 89055'45' East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. �,�` E�61t1 EElt-��yo 1S1f�f� 5/31/96 Av"AC,Vif A page 7 of, 0 lcgals.doc :,-a� �.: g9�1 I WMA10Y DEED FOR VALUE RECEIVED. RKNARD11- ADAMS Otte R09MA L- ADAMS, WsbaMa-a wA*. C4wm.L 00 Imetn MM bmp". go W4 aw"y UM FDWMW Q. JENKINS wd OLLYE M JENKINS. husb" &now,$. Grv"", wtm& &S**2s ji jq2,7,o, oegr '4,0 Lr'ffL.'0c— , anundwi0d 10.9375% kmmg in Ona IDVW tjmmj;mcWIy degatped an E^hi)d -A* anacnea hereM whch is Located in AdS CAUM. WSW 9 b as excepo". ;7;Zh;*M oWgarwd *j puMn ban " Vrded Stags. 9&Sqffm n Im vaso. hQftmy Os�SaI . mgkL UlterSIL W%j pDgw Va VW*-nnion hvs, old hAtW* naaarl to the ux*,Wn Ot ttw Iced wom to bvAfcwm of V* ININVID64AN~ Imp Len Dian TO HAVE AND TO HOLD the Sad Of6mm. "In Mw aPPu- unto t?* SM any%#". te-m h@93. VJ=K%&% and ULQM fO-svlf- Gra=f% 00 jwl W aovwwt to and *#h Grarta"s Vud "Y we thm OwTwfs Im 100 swMW AND THAT THEY WILL WA14RANT AND DEFEND VIV unto, tr*M 811 tawful cladrd wir�x�er. SUBJECT. HOWEVER. 10 tro oxceptiorm wood on F-An04 'S'aUadwO hereto. IN vf)TINESS WHEREOF. Cifaf*OrS r4v* hOMKil'1410 BAOCZ-010d the VVArr3r4y 0000 In* Cay of 1993 q GRANTOR-: FIRST AM�-iz, 7 CAIL"! T. — D RICH L ADkYS L) ;()BEF,TA L AL)APJS OP NW.41, PuNc mand Y to, sato Stale, D-501`4-ry'�arqc Ricd CLHARD L. ZAhi� mrd R09F_Fn'A L ADAW, known or oaml,&C Tc me to t)c i- PeMj-0"% -nOse ftarnlb$ are S,'Dsr-MW ` Ine wnn'n a"d ko'eWw'O wr-%'runVmt- arc acxrewle4gea to me iro 114Y 0 X**Aed the saff- !N WITNESS WHEREOF. I nave ntftwfft set Mry har'0 acct VCLOO MV 0"Ic"01 '-"I Me WY trey Year in tnts corkocais lust above written. Not Rescarg al mycornnissoneWei: 1? -JJ 7 WAAAANry LEE:. A I 11rjw r111111111 11111111111111111111 111111111111111 1 11111!11 11111 k"' ' LAAA m A Al •i: IS15000531 , continue') The foregoing nunberivi oxceptioi s ;1-6) may Le Bliainated to an ;.:;.. Extended Coverage POliCy. EXHIBIT B "WAMWr F3 N4 'L of 8 1 til -89413 ' Your blo. TRCUTM, !T ]lL/JENTZ9 sCliMY= 8 - Saction 2 EXCM ONS Any Policy we issue will have the following exceptions unless they and take care of to our satisfaction. PART 1, 1. Taxas or assessments whieh'are not shown as existing lions by the records of any taxing antbority that levies taxes or assessments on real property or by the public reeerds. 2. Any facts, rights, i=arest, or claims which are not . shown by the public records but which could be ascertained by an inepsction of said JKnd er by making inquiry of persona in possession thereof. 1• easements, claims of easement or encumbrances which are not shown by the public records. a. Discrepancies, conflicts :. boundary lines, shortage in area, encroaC`=a nts, Or any other facts which a correct survay would dincloae, and which are not shown by publi= records. _npat*nt&c minis^y claims. (t) reservat_cn♦ Cr in ?stent.. '9 c- _n -kcts &U=cr1:'nate ,SS'an" c. -.n.erCOt•. (C; water t;hta, elaj=_s or ..izio _.. -.- - or . ..nether or not Lae matters exc"pted under (al , ..• ,. ay tn© publi: records. -igitts to a 'lien for services. - J rer:a_ noreLctore or heranfter rur].Isnec, i=posed by lam and net shown by the public records. continue') The foregoing nunberivi oxceptioi s ;1-6) may Le Bliainated to an ;.:;.. Extended Coverage POliCy. EXHIBIT B "WAMWr F3 N4 'L of 8 1 ArM RECORD Ani ey at:Liw ' P O E.mt..7m a •±� - bdae� fdebo GRANTOR: wv lfO,RETU'Rif TO: h 9029'792 QUITCLAIM DEED GLEN L. IrimSON end SSA P. HUDSON, husband and wi:e. G RANTES 1 GLEN L. HVMSON ANZ IMA P. HUDSON, AS ^_O-TRU3TEZ5 OF THE GLEN AND SMA HUDSON TRUST UNDER TRUST AWIEEMENT DATED MAY 14, 19e9 AND THEIR SUBSTITUTES AND SUCCESSORS AS TRUSTEE THEREUNDER. GRANTEE'S ADDRESS: 4854 N. Bieck Cat Ra61-1 Y.eri :.aA, Idaho E.36-2. .^.EQ.CP.IPTION OF RtAL PROPERTY CONVEYED BY TK:- iED: PC Dcn of the Ncrmaac: vunrev C Selo:, 12, _ oN sr:; 3 Range 1 war. , sera mar41an, Ada County, Idaho, more r-_cu:arly der__=t_ _ fouotirs: Camman; :; r: -he Easi q_arer cz.-nsr c: sail Sec=or. tftmg coatmon to Raid sKnnn 13, T. _ K., R. 1 w., B.x_, and .. 3 N., R. 1 X., B. K.; thena■ North o022.35" East, along the section line common to ssud Se:=.n; and 18, 1000,23 !eat to a point, aald point being on the Southeast r :r.e_Df the North half c_ the North :calf o± the Southeast quarter of the ?::=heast. Quarter (N 1/2 N 1/2 SE 1/4 7tp 1/4) of said Section; thence South 89047'06" wast along the Southerly line of said N 1;2 N '.'Z SE 1/4 NE 1/4 c -_r etc ion 13, 533.24 feet to a potut, said pout being :fie _ REI+L POINT OP BEGINNING; _hance continuing along the sold Una South 69047106" 'pest, 790.57 feet to a point. Dein; the Southwest cornet of the 71 1/2 N 1/2 SS 1/4 NE 1/4 of said Section 13; thence North 0013146" East, along the westerly boundary of sal_ s 1/: NE 1/4, extended, said Iine being the 1/26 line of said SocDotn, 751.16 :est :o a potat on tAe center line of EIGHT HIL: LATERAL; thence South 570061464 East along the center line of EIGHT WLE 766.38 feet to a poL-.t on the Northerly boundary of said N 1/2 N 1 s 3 'i, NE 1/4 of said Section; thence 'QUITCLALM ITSMD _ Page: 1 of 3 Pages Yin v vw'ql� o solin I 9:il t own:. '%i6itiuid lying North af the disc d k bm, V, 442r - Kp tu boundary of "W MCI== Po=. Or seem is 10foAmice"', mocate9m.1451a WmMrtW3iI2: ,UBJ= r TO an eanommt W favor *9 M & D. Me- an Idaho cc'; rm4 as @*t t=tb im guftzixtu need ro=ded AUgutt 17, I979, LS in rl:-JmCnt offldj Records of Aft CC=Wo Idaho. subjwt to an tuClt�taIIQi - f—, - the. abovvua=ad Gra= does n- Sy =I*"* QurreLMN vxgtD the above-n&mml &bwo &wzgmd, tcqetl-.*V with the This dm ad. in 93van for estate PI&WILM9 PurYQ"s to v*gt V-tI40 prop=ty;a a r*vocab)*HvIujtrust establiabed by CMtor Pd -Mist. vjau.LbjS Cw,AId*r&tICAi-I=--C&Sh or propem. -3 Pag" 1989. .4 z'! GLEN L K=5014 Yin v vw'ql� o solin I 9:il t Jt - Sy -3 Pag" Yin v vw'ql� o solin I 9:il t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 'I64gfioFB s+: PAUL;"g'i• r ' '�?Cas"Lprsy{,•'Z>)1Zt�at�divided�i» -�' B7�LLRi�':.�hc�stauiidwaud=-vife;� �. r i lerestir WrttrD.:•;aDxaL�xa'.' andc.YDSH2g'•140RDLZ>EiG;,t'� ': arid!video;iAearastT,.aalk�DE>3alsr'S:�T�>H,.;a' =�+ aiagla atau;: as' to a i::19t�:hndiirided iatezest�� wbose: current• addresses• aidii'- : �C/o galitettyas•Load-CetaM'5,74720PauvieM''Avenue:,,Boise,:. IV 63706, - t4 grantees, the follo+ring. described. pre>r,►ises; to -wits �. • 1. •� .• .h�' rte, •,f •' r .. . r ALL that part of the Southwest quarter of the Northeast quartet of the.Northeast quarter of Section 13, Township 3 Borth, Range 1 West, Boise Meridien, Ada County, Idaho, lying Borth of the existing center line of Eight Mile Lateral of the Naapat and Meridian irrigation District as the same is now eonstructed over and across said land. Said parcel is epproxinately six acres, more or leas. Together with all and singular ttie tenements, hereiitaments and appurtenaneezI thereunto belonging or in anywis: apper tainings and all water, water rights, ditches and !itch rights appurtenant thereto or connncted therewith. Subject to all casements and rights-of-way of record or appearing on the land. SUBJECT TO that dertain Deed cf Trust therein N b ti, Inc., an Idaho corporation. is the grant,)r, Title and Trust Company, an � Idaho corporation, is the trustee, and Eugene P. Ross and husband Barbara J. Ross, and wife, are benPficiari.±s, dated Ada County, Idaho, an= the 16th day of Juno. 1982, Records of At Q the deed of trust indcbtedne+A secured thnrebv, :h.ch Deed c_ Trust and deed of tzzst indebtedness is not `asunei c•: ��natcc� herein. F' ,06 cranto_ does _t:_ tner :onvey unto s a:>_d r-Lntees casement. creating ingress ,.na ..(gross ro.a4wa.ys for � �,•:: •_: , _ . _ said premises, as pdrticular:y Described on Exnir,i-. '::' hereto and by this reference incorporated herein. TO HAVE A.N:) TO .1101,1) thr -aid p,rmiaec. u ith their a,{•twneiianees unto ter ..au! (;r.,nt, •_, their Mira tend :ta5ilmc forever. Aitd t}••t .:.r,i i:r:.ntur r!nr-'s 1,.:„ars t,'. 1)d with the raid Crant4s . that xbr it is Lha u-nrr in rte :inipic •,r 2::: d p:. +."•�, ti:a; t.it plen,ises:rrc Erre from alt incon.t,rAr,ced , except current tares and as sc•ssmr_.nt s, dre a lien but not yet duo and payable, ane casements and rcr.trt,,tions of record or •fisible on the premises, ; and that AA will -al -rant and Wend the pain e hv:n :ell tats rui c1:,irr,, what54.4•1ivr. D ated 198?. N 6 D, INC. 5! '0 SPE2iC esl Cnt ,_.Se.cretar _. _o _._.G._F_ULL'ER, sYi-re qj�-IuAllo.•z0.v9TY or ADA j ssa to or rnAlv). covr:TV OF OR thin t11 day 0 June , 19 g? • I hrrtby trrnfy thst hi: ,^.,lR,h.t•ht w.► G, -J Jar ,.r..rd rt - , •tary p,.Wie in nd for ►aid StAtr, MKnhrnY ( tAr r• q�e►t of Lawyers Tit{e vt ixr, mc, a n.�, >. fo iypRaree `'IiOi;MAN G. FULLER and SIiANN 4 ` � r; •� 0 $E ' R(t }ZTSUrrhtl EO .me to be the P res i— : at rein rt, t Past thin d.y ts4: �ecret:aryr respectively, Of .7 JCP of r/�vc.�r�"L heti he above-named corporation, and � I!F PA. Jr. my orrice, r•r•••.rded in Pw.{r' Of ncrdx at pi;a •JrJi'•ilV C: k1)a ..n Lr hhmr kthe :wamarla M•h �. nr.nes arF.� JOHN '1 �i11� }t �!Y~ "�?Lnnr.kdeed STIDA ,ub:tt�adt� he �it� it,sFR,FrRR r• - -...... _ I ' _ me. that said corporation the fY,nc 1'+,-PrS c,o Gr:.rrdcr t .nrctr,rd �t-[ �{r. A!'Z G�!t+-?:r,ury � ly ..t�YC}%.� _.?✓_ 0���. .. __ 1•�Ltit jiNidinR st $O1CQIdaho I'rra + 1 Comm. revues ?t►d M: _3..:•= 95028999 r ;t - ADA C- :.1t_'G•ORUER 1�IH1G VaGulam SY: J. DAVID ft :VAf.RD ' rraas Ka¢s r.;e' RLCp6m W HALL TO; aamkof EMM9 C%O Irm pl i 62171 MIi� FEE _ WLlt, 30 �rfe�-lst2 RJECpFytt . JEST Of HAIL = MTSHEM To. I paail f leautaoe W4 Iona K Ttautw r L29 Went tichmand LowSiolse, t0 437DA •res OW."Ilslr xka.mT TYu%porbra 1864000945 'Docunontary transfer NA isnares. Me eaaisideration. Paul X Troutner and Ione K :rohiner, husband and rite hereby V.P. r their rntefeat in the below described property to "Paul K TLOutn*r and lone K Troutner, •s Tfustees of TML TRUST or CAUL i 17Nt T7ROOTZER• the following described property, in r,N county of ADA, Stat, i:•f Idaho: All that part of the 5V% of the ME% of the 3M% of section 13, T 3 N. R 1 W. soise-Maridlin, Ada County. Idaho. lyln0 North of the existing center :ane of Eight Kil■ Lteral of the Ramps ares Meridian Srrivatton District as the same I& nOV Constructed over and ACC*as said land. Said parcel is 4pproal'atr:y sin acres, more or less. Together with all and singular the tenev.nta, h•r•dttaarnts and appurtrnr,,, thar•unto balonoing or in anywise appettalt+ing., all water, w4trr ri-jhta. ditChes "-ditch rlOnts 4ppwrt•fant therrto er Conn►cteo rhar•wich. Sub)aet to all •aseaents and rignte of ray of r•c•.rd or appearing un 1. •_�.i SUBJECT TO Ghat certain towed of Sraat wherein k t Z, 'Inc.. an ldat:o cc'oazation, is the grantor. Title snu Trust Company, an id4no ;vr;•"r . the trustee, and Eugene F. Goss 4nid Earbata J. Rosa• ruaaband and •. pin►r lrl artea, da{10 tna ;nth Say at Junr. 19EE1, Pecord, <C Ada Cou_.cy,,_G.i:. and the awed or twat inOebtednesa oeeured thereby. which 6.red-+. dee. of irusi lnd•btrdnrss :s nct assur—d by tlrint►rs her -in, Grantor does furthwr convoy unto maid Grantees that tertalh ,..erT+nt:�raCiaq In grass and egress roadwats !or the ben►fit of send prrmrses, w3 d•i•eribed on E1thlblt 'A' attached beret* •nO by this reference inc!.rpnr•tr,! h•r•tn. Dated:- .191- 9s ��/`•'L��`/ Fmul M Tr�utner -�� .Sa�r1 STATE OF IDR�M oONM On below• r, pecsonally,aV6'r+r.d D+u: H Trout net and lona 21 7rwtner kna�s•q[C .OP„low proved to a+e on the basin Of satisfactory evidenrel to be, the peesEn{s1 wndse namelst are subscribed torM within initruoent, and acknwi�diied to*e PhA% they executed time case. 1. he whereof I have hefoupto ne1.a6Y hietl- and 'afl.1X00 any official anal the day grid year In this certifle.[a f ist A e'vrltten. Y r G PA*te I oF':� AFFIDAVIT OF LEGAL INTERST STATE OF -IDAHO J I •• COUNTY OF AOA, I O37oZ (Hemel (oddreeel BO�s� being Firat duly sworn upon oeth. depose and soy: ICILY) lstetel inet I am Lke record owner o;' -ne orcperty described on !hs attached. and 1 orant my permission tp 10250 Whi=De-ing Cliiffs 'gym Ballantvne Boise, IBJ 83704 Iname I (address) to submit Lke accompanying application pertotntng to that property. Z. 1 "pros to indemntfy. darend and kold Mertdlon City and tl*s employees harmless From any claim or liability resulting From any dispute as to the statements contained herein or as to the ownership of the properly whIC is the subject of the application. Dated this day or 7 19 1-7. LI 1,. / i I (5tonalurel SIBSCRISEM ANO SWORN to beFore me the day and year First above written. Notary Fubl!= for !dsW _ Res.dina at My CpwL"Lon Expireee r J A1TAtt+ �r PAb►E �&oFI- AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO I ) as COUNTY OF ADA' I 1, (name) loddrewe) being rlret duly ::arm upon osth, depoes end eey: (city) letotiel l },el I am the record owner of lhs properly described on the attoched. and I grant ^•-4 permtes►on to 10250 Whispering Cliffs aim Ballantyne Boise ID 83704 t edrrs-e 1 iname i Lo wuo—L Lm- accowpanylnp aGpitaatjam p-rto►n►ng to that aroperly. 2. I agr-s to tndsmntry, defend and hold Awrtdtarr/City puand ►t*s employees harwlewe From any claw or liability resu)ttn0 From y'yrhlCh t- theto as tsubjecto the torsthsteppltcak^o� herein or as to the o.nershtp or the F-opK ty S �h Dated this G1GL SLE!SMIBM /ND S$40RN to berorw one the day and year F►r-t above .r►ttan. Not�y Pu61t.- For - Re sdin orRes}din a at M [aw..rms►nn.Exp :-am. .. '•�• r AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO I I .. COUNTY OF ADA- I (name[ (address) (city) F 8 d beinc First duly sworn upon 1 Z oath. depose end way: [state) i noi. 1 ere ane —cord ovnwr OF Lke on 4.ne ai-Locned . and 1 gron1 i 0250 Whispering Cl i =__ Jim Ballan-vne Boise, IB 83704 inemei (edoreeei Lo vomit tns accompanytnc appltcetten perte►ntnc to that property. 2. 1 acres to ►ndemntfy, deFend and hold Faetmdann yandtto emesmentecont ployeleffis etnod From arty claire or Itobt►tty resulttnp y disputeas herein or es to the oernerentp of th■ property trhtch to the subject of the application. Doted this ,;114day of i� 19 r'e�e (S►pnaturel SLBSC'RI8lIl A D SWORN to beFors me the day and yeer-riHet above wrtttsn. 44q Notary Publ tc For- :deho_ Reetd►nc at ISE7 My cm-mv;b4cry Exp►r7q� 7-;7 ..,.....• ` MAY-aZ-94 THU 08:3? AM REALTY- 1 . BALL-ANTYNE. CO 3TZ3708 P. lz AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO 1 COUNTY .OF AGA l 1. (��f7rlrJ 5gee� t r-ema I t addt-eaa 7 b.tnp Flrst duly �vor� upon LP oath • depose GA •ey tctty� (*total f ! TI—Lt. d on the attached. anti i p-ont nay permleston tp _ .10250 Whispering Cliffs jim 3allanLvne _ Boise, 83704 :.� .uo�tl ii.� �..��M�yane cool IaeLtu� F.�.'tat••t�V is Eha'. proper -by. I 2. ( so^ea Lo tndewr.tFy. 4 e9r +d and hold meetdtan Lt Ly er+d it's aaployeas F,arn.lees From er'+J claim or ltobtltLy rewlLtna From any dispute ae to the statement • eontrt^.d hrretn or as to the ownership of the propsr^ty �+++tch is the svtrJac! of the aoP(tcotto�. OeL■d Lht■ day of 19 t pr+sburs 1 ls.� ;V �- SLBSCF2I80 M0 SWORN to berc, me l.ha day and ysar Ftre! above rrttLen. AeLory Publle Far tdwi= _ R�eLd►�p at, • }y Coast ss t.a+ Et<rt►ee t -41^ J nnE,ur C Pa�,� AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO I I as COUNTY OF ADA' I 5 0 1%':� �a I(name! Ioddreee) betnp first duly "worn upon th, depose end 06say: (city) (state) That,. I ee the r-accrd owner of the property described on Lha attacked. and I grant my parsteston tp 10250 Whispering Cliffs . Jim Ballantyne Boise, ID 83704 (namsi (eddrssal Lo submit the eccomponyinQ eopitoaLton pertatn-tnQ i0 that property. Z. I eprse to tndemnlFy, dwFsnd end hold Meridian City and tt'e emplo ses hermisss Frpm any clam or ltebtllty rssultin0 From any dispute a h to ahetsub�ect oFo LstF+stappl�cotrtO - hsrstn or es to the ownership of Lha prop y Dated thte —_! SLBSM ISM AND SWORN to bef ore me the day and yti- r F t ret above ar t t ten . µeto*.y Pus t c For I de►.o Ras►d•tnp .ate MY"_[wleston Exptre.e: J ct.t-n�w�r_C A 06 _6_f LI AFF IOAVIT OF !_EOA� INTERST STATE OF IOAHO 1 1 we COUNTY OF ADA 1 C C 4- �- l �1 ��- tnomal t befno duly •earn upon o•th. d•pos• end •eye (cttyl atatel n the attcch•d. end Orono ea+ the r•acerd owner 0f the property described ei my perTteeton LO - 10250 Whispering Cl_r_s Jim Ballantvne Boise, ID 83704 --- (�enel .o wc�+t< the oc^oi*pe'+ytnq vaclfee'tion RertOl�tnp to tnet p.-aaarty• 2. 1 eOree to trdewntFy, daFendreeultoild F on�dony dlsyppu sauteas�elsleteTbnle eOntotnad cram any cletm or ltabtl►ty wdil is the sub �eet of the eppltcotto^ hereto or e• to the ownere tp of the property dated Ck i s SLBSMIBED MU S iha day and year f tre4 above written. Nblsry Pub 1 t. Idaho Re•sdtno •L CiS�' My ati isaton Expires:. / P gir AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO ) ) as COUNTY OF AOA- ) (, (address) I noire I ,y being First duly s.orn upon ` �-.k ooth, depose end *,by; (cttyl (atote) 1 TF+et I ee the record owner or the Properly deecrtbed on the ekteched. end I prep! i My perm►saton 1p _ 10250 Whispering Clirrs Jim Ballantvne _ BO1 Se r I�)eooree• , i name 7 Lo suoMLL the eccompony►np opol►cstton perle►ntnp la that oroPerly. r Z. I agree to tndeen►Fy. dei end end i,old Fromdenn dtsyppu �deelto tehelsteteeentslcontetned herein orceetto l lobillLvlp resor ulting egproom an wh►ch to the subject or the epP(tcetton. I3otad thin tStpnetureI S�LSCR I8m MD 9,10RN to berors me the day end t uw 'r trnt above written. Not,- Pub l i c t'or t do6c Restdtn4+ et ;E ,1 1.\ (� My coewteeton Exptrse: , 19 1 j . 1 1 LEGAL OWNER AFFIDAVIT ANNEXATION REOLJEST AFFIDAVIT cc 1- fir, do hereby certil}, that 1 am the legal owner of the land directly abutting the Jim Ballantyne, et al, property with access to Meridian Road. I further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho, for C -G (Commercial General) zoning. Dated this d 7 of , 1995 By: Norm Fuller STATE OF IDAHO ) ss. Count,, or Ada 1 /, ,, = i ce_ before nie a notary pubnc in and for 7N Tlii� !s day of/;.�. — >ai4 Dersonahv appeared ;1.10V.'11 to me to be ine persons whose names are subscribed to the within instparnent. and aZK1101Aiedsed to me that executed the sartte. IN WITNESS NATHEREOF, I have hereunto set my hand and atti-\ed my ofticiai seal the day and vear first above written. My Notary Commission Expires /2 -.i/ , 19 �"? Nly Nota;y Bond Expires Notary�ublic for I Residin;a att�f�4/�( � Idaho 19 300' People for Troutner Business Park Updated 14 June 1996 HENKELS & MCCOY JOE PAULITS 985 JOLLY RD BLUEBELL PA 19422 JAMES H BALLANTYNE ET AL C/O SIMMONS & CLUBB 410 S ORCHARD BOISE ID 83705 LAWRENCE & SDEANNE RACKHAM 1260 S EAGLE ' MERIDIAN ID 83642 JEORGE S & LAREE G FISHEL PO BOX 673 MERIDIAN, ID 83680 ROBERT & EVANGELINA MAXFIELD RT HC67 BOX 2050 CHALLIS ID 83226 DENNIS R & CHRISTINE A DIXON PO BOX 350 MERIDIAN ID 83680-0350 DONALD L & MARY E BENNETT P L & M P WOOD REV LIVING TRUST 4750 S MAPLE GROVE BOISE ID 83709 HOPE -PONDEROSA OREG LTD GUARDIAN MANAGMENT PO BOX 5668 PORTLAND OR 97228-5668 1 ALLEN LEE & DIANE CENTERS 1721 SPAULDING ST BOISE ID 83705 N&DINC PO BOX 851 MERIDIAN ID 83680 PUSSELL E JOHNSON PO BOX 381 MERIDIAN ID 83680 HOFF COMPANIES INC 280 E CORPORATE DR STE 200 MERIDIAN ID 83642 JOSEPH & CAROLYN CHANDLER 598 W FRANKLIN MERIDIAN ID 83642 LLOYD O & LORRAINE K KENNEDY 702 W FRANKLIN MERIDIAN ID 83642 JOHN D & SANDRA J GOADE 5855 BECKY MERIDIAN ID 83642 RONALD S & RITA LAFEVER 560 W FRANKLIN RD MERIDIAN ID 83642 HAROLD W & PHYLLIS C BRISCOE 650 W FRANKLIN MERIDIAN ID 83642 MERIDIAN BOWLING LANES INC 2710 LAURELHURST BOISE ID 83705 WILD SHAMROCK PARTNERSHIP 12301 W EXPLORER DR #240 BOISE ID 83704 TERRY LYNN HARPER 582 KEARNEY MERIDIAN ID 83642 MICHAEL JAY MOORE 532 KEARNEY PL MERIDIAN ID 83642 GALE J MCNITT 492 KEARNEY MERIDIAN ID 83642 GRANT R & LISA DAWN CURRY 511 LYNHURST PL MERIDIAN ID 83642 KRISTINA D KECK 551 LYNHURST PL MERIDIAN ID 83642 STUBBLEFIELD DEVELOPMENT CORP 2258 BRADFORD AVE HIGHLAND CA 92346 DAVID D GATES 552 KEARNEY MERIDIAN ID 83642 CAROL A SETZKE 512 KEARNEY PL MERIDIAN ID 83642 RANDY WINWOOD 1401 59TH ST N NAMPA ID 83687-8515 DAVID J BROOKS 531 LYNHURST PL MERIDIAN ID 83642 CRAIG M & DEBRA L CAVANAUGH 581 LYNHURST MERIDIAN ID 83642 CHERIE MCCURDY 580 LYNHURST PL MERIDIAN ID 83642 JANINE B & MICHEAL WEWERS 550 LYNHURST PL MERIDIAN ID 83642 RUDOLF ZANTMAN & LAURA ALVES 510 LYNHURST MERIDIAN ID 83642 MYRON R & MOIRA R VINER PO BOX 1240 EAGLE ID 83616 GLORIA JEAN LACY 623 BARRETT MERIDIAN ID 83642 DALE A BABCOCK 651 BARRETT MERIDIAN ID 83642 L DAN & LEAETTA L POWELL 1136 E CAYMAN DR MERIDIAN ID 83642 ELENITA WESTBY 693 BARRETT ST MERIDIAN ID 83642 ELIZABETH A HEWITT 691 BARRETT ST MERIDIAN ID 83642 DONNA M & AARON F HAWLEY 676 FULMER CT MERIDIAN ID 38642 DONALD I & CHRISTINE M MACE 530 LYNHURST PL MERIDIAN ID 83642 BRIAN D & KARI L WASE 490 LYNHURST PL MERIDIAN ID 83642 JUDY RAE COLWELL 631 BARRETT ST MERIDIAN ID 83642 DENA S CROASDALE 633 BARRETT MERIDIAN ID 83642 PATRICIA A SIMS 671 BARRETT MERIDIAN ID 83642 JOHN A BALL 673 BARRETT MERIDIAN ID 83642 AARON T SHARP 696 FULMER CT MERIDIAN ID 83642 SHERYL LEA MOORE 656 FULMER CT MERIDIAN ID 83642 YOLANDA N SCHILDHAUER 636 FULMER CT MERIDIAN ID 83642 CHARLES M & DENISE DAILEY 623 FULMER MERIDIAN ID -83642 CRAIG & ANGIE M FRAZEE 653 FULMER CT MERIDIAN ID 83642 MICHAEL J & STACY J SAUNDERS 678 HANOVER CT MERIDIAN ID 83642 GARY E & KANDRA E FRANK 51 EDEN WEST RD PESCADERO CA 94060-9727 RONALD C MANNING 626 FULMER CT MERIDIAN ID 83642 WILLIAM & MARIE MARTINDALE 633 FULMER MERIDIAN ID 83642 LAURA M YELTON 673 FULMER CT MERIDIAN ID 83642 JOE & DEANA WILSON 692 HANOVER CT MERIDIAN ID 83642 KEVIN S & RHONDA L HERRIOT 658 HANOVER CT MERIDIAN ID 83642 MICHAEL P & LINDA L KLINGNER 4171 CRESWELL WAY BOISE ID 83704 RAYMOND J & PAMELA R KUTCH 625 HANOVER MERIDIAN ID 83642 CHERYL A MCCORMICK 655 HANOVER CT MERIDIAN ID 83642 RODERICK S & PEGGY SUE YEAGER 685 HANOVER CT MERIDIAN ID 83642 KEVIN J EVERSON 3217 STARLIGHT AVE CALDWELL ID 83605 DAVID W & CARRIE STUART 624 PENNWOOD ST MERIDIAN ID 83642 CANDACE SUE BOSSART 622 BARRETT MERIDIAN ID 83642 JOYE L SNOWBALL 624 BARRETT ST MERIDIAN ID 83642 SHIRLEY HOOK 635 HANOVER CT MERIDIAN ID 83642 GARY B FREIRE 467 PRINTZ RD ARROYO GRANDE CA 93420 DIANA J STANLEY PO BOX 647 MERIDIAN ID 83680 ERMA C CANFIELD 654 PENNWOOD MERIDIAN ID 83642 KENDALL B KELLY 604 PENNWOOD MERIDIAN ID 83642 MARIANNE WEIGHT 632 BARRETT ST MERIDIAN ID 83642 JOANN BULL 634 BARRETT ST MERIDIAN ID 83642 ROSA ROGERS 652 BARRETT MERIDIAN ID 83642 ALBERT L & DIANNA L MARTINEZ 654 W BARRETT DR MERIDIAN ID 83642 RANDY D & BETH J WARE 10464 SHADY BROOKE DR BOISE ID 83704 KENNETH JARRETT & BEATRICE BRIGGS 692 BARRETT MERIDIAN ID 83642 EDWARD & MONIQUE LOUGHNEY 10012 LAKE SHORE DR NAMPA ID 83686-9204 KARL B GYLLENBERG 672 BARRETT MERIDIAN ID 83642 KENNETH E DYE 38 ROSE CIR MERIDIAN ID 83642 WILSON C & WILMA L BEVINGTON 2567 REBBECCA MERIDIAN ID 83642 BRADLEY C & JODI MICHAEL SON 46 ROSE CIR MERIDIAN ID 83642 JEAN L & BARBARA BIDONDO 40 ROSE CIR MERIDIAN ID 83642 KATHRYN WILLIAMS 44 ROSE CIR MERIDIAN ID 83642 HERALD J & HELEN B COX TRUST HJ & HB COX LIFE ESTATE 48 ROSE CIRCLE MERIDIAN ID 83642 ELEANORE J MARTIN 50 ROSE CIR MERIDIAN ID 83642 VERA M SCOTT 54 ROSE CIRCLE MERIDIAN ID 83642 JEAL E WARD 53 ROSE CIR MERIDIAN ID 83642 ALVIE D & MADELINE SCARLETT 41 ROSE CIR MERIDIAN ID 83642 LYLE E PETTY & JAMES D PETTY 2896 ITHACA BOISE ID 83709 MINNIBELLE HARDY 49 ROSE CIR MERIDIAN ID 83642 DONNA M WIEBER 37 ROSE CIR MERIDIAN ID 83642 o D {PBo� u��p�aay� : s z is -- O� (1C1 O I !j 911 Ln L o y = FUS 911 m _ r 1 N Y LL. c N x Ni -c x Fn II m 05ZO O91- 09l Oil 091 OS- --- �c.o. ,^�•s ul� MS �UZH Ci7 591 (!0z O> Z gi A ` :ra)r;gryr I Ls:nqud-lop - i. I5 uoisinipgiis a.zAb-iu�.z N Ag- � uog<I _ = (1, -■ `v CIO 091 091 tiL/ M(lTi-� �r�rt O� (1C1 O I !j 911 Ln L o y = FUS 911 m _ r 1 N Y LL. c N x Ni -c x Fn II m 05ZO O91- 09l Oil 091 OS- --- �c.o. ,^�•s ul� MS �UZH Ci7 591 (!0z O> Z gi A ` :ra)r;gryr I Ls:nqud-lop - i. I5 uoisinipgiis a.zAb-iu�.z N Ag- � uog<I _ = (1, -■ *4 Nz�"7 RUN fl I/ ♦ Rl ♦ I!E4321♦ > .RETT ST. I6 15 4 3 2 1 4 D II 12 13 14 15 i. WER CT1122 . i 0 18 27 28 29 30 31 OVER CT 3938 35 37 36 3 34 42 ' 3lhw44 GOD ST _ I i 12 __`I 22� 10! 13 9�A ^12C *_� 8115 ���9♦ x 7'16 18♦ ♦ 1 RT _ ' 3- 1 vl C� VAC VAC. J tV - VT .Ll�' Mb ST. 03 04 8 3ot 30\\ o\ 2') 27 W ! r9 2 It � K 1 r 30 !' v 25 U ti e 2 4 !o y4 �p 2; 22 !; -4- T fio pmy fo-opost �ilV/1i��CArTloarl 't'� "t�l� ♦ cmy of Me*ib i i. ADA PLANN�I'�Q �,gCN• JUL. 101995 i [is o F • : -zc- � ♦ -28- 1 AA- P ' ' & Company, Inc. New Amerka Network Commercial Real Estate Services June 13, 1996 6003 Ovodan0 HOW Suite 204 Hon. Robert Corrie Uoise, I03hO 83709 Mayor, City of Meridian:.,. FAX 322-5910 33 E. Idaho Avenue (?os) 3;)P-s9X Meridian, ID 83642 M Dear Mr. .Mayor: rncr.aua Momoer. I want to thank you and your staff for meeting with the representatives of the Troutner Business Park yesterday. I also want to thank you for your helpfulness during this entitlement process. As we discussed yesterday, the Northrop Company has received a conditional use permit from Ada County to build and lease a 5,000 sq. ft. office building to the U.S. Department of Agriculture on what would be tots 1, 2, and 3 of block 2, of the proposed Troutner Business Park. It was the intent of the developers of the Troutner Business Park to have preliminary plat approval at this point so that the construction of the USDA office could take place in conjunction with the final platting of the first phase of the 'froutner Business Park. Unfortunately we are unable to do this. Therefore, we respectfully request that the City of Meridian allow the Nortbrop Company to receive city water and fire protection on an interim basis. By doing so Ada County will issue a building permit for the USDA building. It is important to note that the site of the USDA office is being annexed into the City of Meridian with the rest of the Troutner Business Park, the USDA building meets the requirements of the L -v and C -G zoning proposed for the park, and the USDA project was reviewed by Meridian City staff as part of the conditional use application through the County. I have attached a copy of the site plan for the USDA building for your reference. Please do not hesitate to contact me if you have any questions. Thank you for your consideration of this request. Sinceae ours, Michael J- Ballantyne representing the applicant cc: James H. Ballantyne Wayne S. Forrey Rod Linja, Keller Engineering Don. Northrop, The Northrop Company NEWANIEi KC NETWORK. Voui Ptrtner in Huai Riare Serviue: Worldwlae JUN 13 '96 16:39 208 322 5910 PAGE.01 CITY OF MERIDIAN PRELIMINARY SUBDIVISION PLAT CHECKLIST SUBDIVISION NAME: R SUBDIVISION E -NG D -E . REVIEW DATE: REVIEW BY: The following shall be shown on the preliminary plat or shall be submitted separately: ITEM DESCRIPTION COMMENTS 1. Subdivision name & general location. ✓�� 2. Name, address & telephone of plat preparer. ' 3. Name & address of person (s) to receive correspondence and/or City billings. 4. Legal description of subdivision. 5. Statement of intended use of subd. 6. Drawing showing total area intended for development if this plat is only a portion thereof. 7. Vicinity map extending a minimum 1/2 mile each way from proposed plat area. g. Land use and existing zoning of the proposed subdivision and adjacent 1/1dL. land. 9. Streets, street names, right of way and roadway widths, including adjacent V streets and roadways. � 10. Culdesac lengths comply with Ordinance. Lot lines and blocks showing scaledjt,� 11. i'ftt ►�%Ou-iG� G�ld'��'N�Clll-- U J . dimensions and numbers of each. 12. Contour lines @ 2 -foot intervals where j slope is equal to or less than 10%. 13. 14. ed or eadstig utilities; e.g., Gt—t '0som sanitary s , ae s,ditches, drainages, bridges, culverts, water m, fire hydrants om and street li s. Proposed restrictive covenants and/or deed restrictions. < 15. Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such. 16. A statement for any request of variance from the existing City Ordinance with reasons therefore. 17. A statement of development features- 18. eatures.1g. Master street drainage plan including method of disposal & approval from the affected drainage district. 19. Flood Plain Boundary or measures to reduce this boundary. 20. Stub streets for traffic access to adjacent roadways & intersections. 21. Traffic impact on existing adjacent roadways & intersections. 22. Establishment of highest seasonal groundwater elevation. ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 10 06/13 17:45 208 375 1994 QEEQAi cc WILLIAM G. BERG. JR.. City Clerk JANICE L. GASS. Cly Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P &ZAdminlstrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS. Fire Chief W.L. 'BILL" GORDON, Police Chiel WAYNE 0. CROOKSTON, JR.. Auomey June 13, 1996 Mr. Jim Ballantyne ] 0250 Whispering Cliffs Boise, ID 83704 AS OF JUN 13 196 17:47 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#1 STATUS EC --S 02'10" 006 043 OK NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 868-1433 - FAX (208) 887.4813 Public WodmSuilding Dcparunea (206) 887-2211 Motor VehideiDrivus License (208) 8884443 ROBERT D. CORRIE Mayor Re: Ballantyne-Troutner Business Park Dear Mr. Ballantyne: CQUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z OOMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUNO MALCOLM MACCOY Post -Ir FaxNote 7671 Dam 140A. To ✓+M l s 1/t4L� From; S/, /%S Co.iDepL CO. Phone # / Phoned Fax # Thank you for meeting with us yesterday, June 12, 1996. As a follow-up to that meeting, I am writing this letter to outline the procedure for returning to the Planning & Zoning Commission for review of the above -referenced project, Because of the significant changes in the project, involving issues that the Planning & Zoning Commission did not have the chance to address, Council and staff feel these changes require a new public hearing. Please provide thirty (30) copies of revised applications, including revised preliminary plats, so we can schedule a new public bearing. Applications received by 5:00 p.m. Friday, June 14, 1996, can be heard at the Planning & Zoning Commission's meeting of July 9, 1996. Notice will need to be given to current property owners within 300 feet. Some of the changes being needed include: Preliminary Plat: ] . Preliminary plat map does not provide scaled dimensions of all lots. For example, Lots 5 through 8 of Block 2 show a dimension of 295 feet, but actually scale 285 feet_ Another item of note is that, although two of north -south roadways increased in width by four feet (4') each, no lot dimension changed. There are numerous other errors in dimensions. 2. Eight Mile Lateral, shown as having a 60 -foot easement, scales at 70 feet, 3. Will landscape be through the hammerheads, as shown, or around them? 4. Sewer and water connections need to be shown to existing mains (shown on plat as existing or proposed). ** TX CONFIRMATION REPORT ** AS OF JUN 13 196 17:52 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 11 06/13 17 48 362 9416 G3 --S 04'02" 006 046 OK ---------------------------------------------------------------------------------------- OFFICIAL s HUB OF TREASURE VALLEY COUNCIL MFmgFAS WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH. P.E., Cly Ergineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P & Z Administralor PATTY A. WOLFKIEL DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON. JR.. Attomey June 13, 1996 Mr. Jim Ballantyne 10250 Whispering Cliffs Boise, TD 83704 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 867.4813 Public WoAm/Building Deporanenr (208) 887-2211 Motor vehicle/Drivers Liceme (208) 888-4443 ROBERT D. CORRIE Mayor Re: Ballantyne-Troutner Business Park Dear Mr. Ballantyne: WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P A 7 QOMMISSIDN JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Post -It' Fax Note 7671 Dsie expo pa► l/ , cl P Fw,t From CoJDepL Co. Phone # Phone # Fax # Fax # Thank you for meeting with us yesterday, June 12, 1996. As a follow-up to that meeting, I am writing this letter to outline the procedure for returning to the Planning & Zoning Commission for review of the above -referenced project. Because of the significant changes in the project, involving issues that the Planning & Zoning Commission did not have the chance to address, Council and staff feel these changes require a new public hearing. Please provide thirty (30) copies of revised applications, including revised preliminary plats, so we can schedule a new public hearing. Applications received by 5;00 p.m. Friday, June 14, 1996, can be heard at the Planning & Zoning Commission's meeting of July 9, 1996. Notice will need to be given to current property owners within 300 feet. Some of the changes being needed include; Preliminary plat map does not provide scaled dimensions of all lots. For example, Lots 5 through 8 of Block 2 show a dimension of 295 feet, but actually scale 285 feet. Another item of note is that, although two of north -south roadways increased in width by four feet (4) each, no lot dimension changed. There are numerous other errors in dimensions. 2, Eight Mile Lateral, shown as having a 60 -foot easement, scales at 70 feet. Will landscape be through the hammerheads, as shown, or around them? 4. Sewer and water connections need to be shown to existing mains (shown on plat as existing or proposed). ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 09 06/13 17:42 208 322 5910 WILLIAM G. BERG, JR.. City Clerk JANICE L GASS. City Treasurer GARY D. SMITH. P.E.. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt, SHARI L STILES, P & Z AdMIAIM Wr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire C1`1e1 W.L. "BILL' GORDON, Polk:e CM8I WAYNE G. CROOKSTON. JR., "Olnay June 13, 1996 AS OF JUN 13 196 17:44 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS EC --S 02'10" 006 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 phone (208) 888-4433 • FAX (208) 887-4813 Public WOrL-,Suilding Dcpadmeot (208) 887-2211 Motor Vehidoll) Is License (208) 888-4443 ROBERT D. CORRIE Mayor mr. Jim Ballantyne 10250 Whispering Cliffs Boise, ID 83704 Re: Ballantyne-Troutner Business Park CMDO STATUS 042 OK aQu1L.!mulaFs WALT W. MORROW, Presldent RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P It Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Dear Mr. Ballantyne: am Thank you for meeting with us yesterday, lune 12, 1996. As a follow-up to that Commission I'on for writing this letter to outline the procedure for returning to the Planning g review of the es that the Planning project. on ng Commission did not haveathee chance tges in the o address, involving issues that the P � Council and staff feel these changes require a new public hearing. copies of revised applications, including revised preliminary plats, so we Please provide thirty (30 ) co p Applications received by 5:00 p.m. Friday, June 14, 1996, can can. schedule a new public hearing. App be heard at the Planning & Zoning Commission's meeting of July 9, 1996. Nonce dlinee dto given to current property ownerbe s within 300 feet. Some of the changes being EM nary P2UV 1 Preliminary plat map does not provide scaled dimensions Of all lots. For example, Lots 5 through 8 of Block 2 show a dimension th sou feet, but actin wed in width b fourt. fer eet item of note is that, although two of north -south roadway (4') each, no lot dimension changed. There are numerous other errors in dimensions. 2. Eight Mile Lateral, shown as having a 60400t easement, scales at 70 feet. 3. Will landscape be through the hammerheads, as shown, or around them? 4, Sewer and water connections need to be shown to existing mains (shown on plat as existing or proposed). �I & Company, Inc. Now America Network June 13, 1996 Commercial Real Estate Services E003 Ovorlantl Flow Hon. Robert Corrie µ:` Suite 204 Mayor, City of Meridian R Fnx 32103110 59io��Gy 33 E. Idaho Avenue " z (los) 399-5.qW Meridian, ID 83642 4 P Et Dear Mr. Mayor. InCWU.V Member. I want to thank you and your staff for meeting with the representatives of the Troutner Business Park yesterday. I also want to thank you for your helpfulness during this entitlement process. As we discussed yesterday, the Northrop Company has received a conditional use permit from Ada County to build and lease a 5,000 sq. ft. office building to the U.S. Department of Agriculture on what would be lots 1, 2, and 3 of block 2, of the proposed Troutner Business Park. It was the intent of the developers of the Troutner Business Park to have preliminary plat approval at this point so that the construction of the USDA office could take place in conjunction with the final platting of the first phase of the 'froutner Business Park. Unfortunately we are unable to do this. Therefore, we respectfully request that the City of Meridian allow the Northrop Company to receive city water and fire protection on an interim basis. By doing so Ada County will issue a building permit for the USDA building. It is important to note that the site of the USDA office is being annexed into the City of Meridian with the rest of the Trout aer Business Park, the USDA building meets the requirements of the L -U and C -G zoning proposed for the park, and the USDA project was reviewed by Meridian City staff as part of the conditional use application through the County. 1 have attached a copy of the site plan for the USDA building for your reference. Please do not hesitate to contact me if you have any questions. Thank you for your consideration of this request. Sincere ours, Michael J. Ballantyne representing the applicant cc: James H. Ballantyne Wayne S. Forrey Rod Linja, Keller Engineering Don Northrop, The Northrop Company AM\ NEWAMEWN 11& Youe ftrtner in H mi Rime: Sclviue% WorldMae JUN 13 '96 16:39 208 322 5910 PAGE. 01 04 I.N. sap xvm vv vPROIt egn IL `77 VIA L A% > 00r13.4'E 200.0 loll U-<:YWff.N WRIGHT SCANLON CFSA B UALDING TOTAL P.02 JUN 13 '96 1639 208 322 5910 PAGE.02 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. `BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney June 13, 1996 Mr. Jim Ballantyne 10250 Whispering Cliffs Boise, ID 83704 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN-, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor Re: Ballantyne-Troutner Business Park Dear Mr. Ballantyne: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Thank you for meeting with us yesterday, June 12, 1996. As a follow-up to that meeting, I am writing this letter to outline the procedure for returning to the Planning & Zoning Commission for review of the above -referenced project. Because of the significant changes in the project, involving issues that the Planning & Zoning Commission did not have the chance to address, Council and staff feel these changes require a new public hearing. Please provide thirty (30) copies of revised applications, including revised preliminary plats, so we can schedule a new public hearing. Applications received by 5:00 p.m. Friday, June 14, 1996, can be heard at the Planning & Zoning Commission's meeting of July 9, 1996. Notice will need to be given to current property owners within 300 feet. Some of the changes being needed include: Preliminary Plat: Preliminary plat map does not provide scaled dimensions of all lots. For example, Lots 5 through 8 of Block 2 show a dimension of 295 feet, but actually scale 285 feet. Another item of note is that, although two of north -south roadways increased in width by four feet (4') each, no lot dimension changed. There are numerous other errors in dimensions. 2. Eight Mile Lateral, shown as having a 60 -foot easement, scales at 70 feet. Will landscape be through the hammerheads, as shown, or around them? 4. Sewer and water connections need to be shown to existing mains (shown on plat as existing or proposed). Mr. Jim Ballantyne June 13, 1996 Page 2 5. Drainage is not adequately depicted. Where does this drainage go? Drainage is also shown going uphill. 6. The cul-de-sac length shown exceeds our ordinance of 450 feet. 7. ACRD has a maximum length on open gutters of 750 feet. Drainage shown on Pennwood Street far exceeds this maximum. 8. No legend is shown for the various symbols used. The water symbol and contour symbol need to be different. 9. No method for sewering Lot 5, Block l; Lots 12 and 13, Block 2; and Lots 1, 2 and 3, Block 3, is shown. 10. Pressure irrigation pipe and location of source is not shown. 11. Frontage on Lot 11, Block 2, is unacceptable. 12. Is Eight Mile Lateral supposed to be centered on the easement? Lot lines for lots adjacent to the Eight Mile Lateral are undefined. 13. Proposed restrictive covenants and/or deed restrictions have not been submitted. 14. A master street drainage plan has not been provided. 15. Highest seasonal groundwater has not been established. 16. Contours are not tied to an established benchmark. 17. Sanitary sewer needs to be extended into 50' access easement as this roadway is being built. 18. Pertinent notes need to be added; extraneous information should be deleted. Due to the time available to review the plat dated 5/27/96 and prepare this letter, please do not consider these comments complete. A more thorough review will be done during the normal review process. Mr. Jim Ballantyne June 13, 1996 Page 3 Annexation & Zoning: Please provide current application information as well as revised maps to update our files and include in the agency review. We do expect the preliminary plat to be accurate prior to approval. At final plat time, exact (to the hundredths) dimensions will be necessary. I believe it would also help your marketing efforts for the property to have an accurate, professional -looking plat map available. This would be especially important if you are negotiating at per -square -foot prices. I have attached our preliminary plat checklist which is used in our review of applications for completeness for your use. I hope you can understand and appreciate the position we are in. Because of the tremendous growth we are experiencing, along with Idaho State Code requirements and the public's desire, we must be sure to have all changes and issues discussed in the public forum. Please let me know if I can assist you in any way. I understand your desire to develop a quality project and look forward to working with you to obtain our mutual goals. Sincerely, CITY OF MERIDIAN ,7,� 1�k Shari L. Stiles Planning & Zoning Administrator Attachment cc: Mayor and Council Keller & Associates Gary D. Smith, P.E. Wayne Forrey ggHOFF May 21, 1996 Mayor Robert Corrie and City Council Members City of Meridian 33 East Idaho Meridian, ID 83642 RF-0F1vED MAY 2 1 1996 CITY OF MERIDIAN V � RE: Ballantyne-Troutner Business Park Access to Franklin Road Dear Mayor Corrie and City Council Members: As you may know, we have been involved in numerous discussions with many different representatives to determine a "mutually agreeable" location for the North entrance of the proposed Balantyne-Troutner Business Park onto Franklin Road. Although we, feel that the entrance into their proposed Business Park will have some negative effects on our existing traffic flow, we are in agreement that the most suitable location for their entrance will be directly across from our existing main entrance to our manufacturing facility at 420 West Franklin Road. This should coincide with ACHD's Development Services Staff Report which was approved by the ACHD Commission on May 1, 1996. Thank you for your services. I appreciate the opportunity to be heard and for our thoughts to be considered. Respectfully, Brian C. Hoff cc: Wayne Forrey, Ballantyne-Troutner Representative Larry Sale-ACHD Development Services BH/km 420 West Franklin P.O. Box 490 Meridian, ID 83680 Telephone 208-888-6798 Fax 208-888-5031 Toll Free 800-574-6798 A Division of Hoff Companies, Inc. WAYNt 5 YUKKtY- Wayne S. Forrey, AiCP Urban Planner and DevelopmentAnalyst 3045 Thayen Place Boise. Idaho 83709 L:trnp ohenslvo P;arutiny 1 t.Ity x Heglonal 9 May 19% r':an UPWItee Cit;zen I'miiciptdion Telephone (208) 362-9345 Fax (208) 362-9416 c,ommunity Mayor Robert "Bob" Corrie RIJWt:u+ ;t; Ms. Shari L. Stiles, Planning Director crowth M. Gary D. Smith, City Engineer manooernent City of Meridian r'Inn Implmmmtetion 33 E. idah0 Ave. Meridian, TD 83642 7c.ning, Annoxntion i i )nvatoplm)nt ordinances Dear Mayor Corrie, Ms. Stiles, and Mr. Smith: rn�P A4At �` on Tuesday, May 7, 1996, the Preliminary Plat of the Ballwdyno-Troutner Business Land park was scheduled to be heard before the Meridian City Council. We delivered a letter to nt-vniopmont City all on May 7th to ask that this item be tabled to the Tuesday, May 21, 196, City t'egotng H g Plat. Negotiations Council meeting in order to allow city officials time to review the updated � to Is it possible to schedule a meeting next week on Wednesday, May , 6iirn9tn+Clun; i Ipru+iny these plat revisions with all three of you. �uvitulitaliun please contact me as soon 8S possible so we can schedule a meeting for next week to Plates Troutner Business Park Preliminary Plat. Thank you for your review the updated Ballantyne- Fr.onnmlr: prompt attention to this matter. oevetopment cornmunity neveiopmont Respectfuuy, Finance Analysis Fgxal QQ t / �A A-$ t,nplications Wayne S. Forney, AICD , Funding Streingins Representative of James H. Ballantyne Public Policy I' Valuation Project WIA,%Q001CM t ru d• ut l Mannino Iwvit. In C:k,07 & Counties 362 9416 PAGE.01 MAY 09 '96 16:11 MERIDIAN CITY COUNCIL MEETING: MAY 7 1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 19 REQUEST; PUBLIC HEARING: PRELIMINARY PLAT FOR BALLANTYNE -TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r MERIDIAN CITY COUNCIL MEETING: __ LLMAY 7. 1996 APPLICANT: JIM BALLANTYNE,'T(fJU�IRP--- ITEM NUMBER; 20 REQUEST;FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION /ZONING REQUEST TABLED MARCH 5.1996 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN JIM BALLANTYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Meridian City Council having heard and taken oral and written testimony and the Applicant appearing through Janelle Sanford, a designated representative for Mr. Wayne Forrey, who is the representative for Mr. Ballantyne, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb,-Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C -G) and Limited Office (L- 0); that the L -O District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: (L -O) Limited Office District - The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-0) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. _ 5. That Applicant's representative stated;, before the - Planning and Zoning Commission hearing on August 8, 1995, that the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 understood by the Applicants that any uses in the L -O and C -G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development; that the 'Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the Troy Green project and this will offer the residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good setback of maybe 35 feet along the back on the west edge of the L -O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. Ms. Sanford testified before the Council that the Findings of Fact and Conclusions of Law were reviewed and that they were acceptable; that a few concerns exist regarding the connection through Pennwood or Barrett Streets. 6. That the developer, Jim Ballantyne, testified before the Planning and Zoning Commission that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to the preparation of the Findings of Fact for the P & Z Commission. Mr. Ballantyne testified at the City Council public hearing of a conflict which exists in the P & Z Commissions Findings regarding the 35 foot landscape setback on Meridian Road; that the land mentioned there is land owned by Norman Fuller but that Ballantyne has access and owns an easement through Fuller's property; that Ballantyne can't hardly dedicate Mr. Fuller's land to a 35 foot setback for landscaping and sidewalks; that the Ada County Highway District addressed this also and did not require the 35 foot landscaping and setbacks; also there is a conflict regarding the road entrance; that our access to that easement of Fullers fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas; that the center lines are 10 to 15 feet off center; that they could go either way to almost comply, but it would be impossible for this piece of narrow property and the easement that Mr. Fuller gave us; that some agreement can be made regarding access to the neighbors contiguous to this development but that there is an off set by not having to actually landscape quite that much land; that 35 feet is an excessive amount of off set. 7. There were several who testified at the August 8, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 a. Mike Wewers testified during the P & Z public hearing regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de- sacs or through streets; that he would like to see a layout of roadwork of the area designated for L-0 and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. b. Raymond Kutch offered testimony regarding the proposed Limited Office (L-0) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C -G allows access through L-0; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. C. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACHD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has began with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHD supports connections between residential and abutting commercial; that until ACRD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri-plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 7 continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. d. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. e. That Don and Christine Mace submitted written testimony; that their property is lot #20 in Lynhurst Place; that the area to be zoned L -O will be right next to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. f. That Joe Kutch testified before the City Council public hearing that he would like an answer from the developer regarding the property owners right behind this proposed annexation having an opportunity to purchase any of this property. That Mr. Ballantyne stated he had no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards; that the only people impacted visually FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 8 by the development are the neighbors that actually have lots contiguous to the development and that something cold surely be worked out to where they have their access. 8. That Larry Sale, of the Ada County Highway District, testified before the Council to address Mr. Morrow's questions raised with respect to the issue with the road not lining up and where the ACHD's thoughts are with this application. Mr. Sales testified that if it is correct that the 50 foot easement strip centerline is approximately 10 feet north of the centerline of the curb cut into the -Rick Thomas development of some office buildings; that the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time because they would meet at each others steering wheels; that a suggestion perhaps would be that the 50 foot easement could be shifted a five (5) feet and that the District could work with that without much of a major problem; that if the driveways happen to be the other direction it wouldn't be so severe. Mr. Sales continued to testify that it is the goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then the long term plan to extend Corporate Drive west past this proposed development, south into the interior of the square mile to really serve as a collector out of the area; that the district wold expect this development to have access to that collector either directly if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 collector goes through the southern portion of this development or through some adjoining property and the collector. 9. That Gary Smith, Meridian City Engineer, testified before the Council in answer to Councilmen Morrow's request for any additional input regarding this annexation; that Mr. Smith stated that the sewer service for this property to the north and the east of the Eight Mile Lateral as it crosses, would be towards Franklin Road; that a sewer line in Franklin Road at this time does not exist, however some preliminary plans to construct one prior to the improvement of Franklin Road would be available, but there is no sewer in Franklin from Meridian Road to the west; that there exists an elevation problem slightly west of Meridian Road; that the grade of Franklin Road is going up to get over the Eight Mile Lateral and to get farther west with the sewer is a problem; that tieing into the sewer line that goes in back of Hoff could be brought out to Franklin Road and then extended west in Franklin. 10. Shari Stiles stated that she had no further comments on this development without a plan before her; that it is difficult to assess the compatibility with adjacent development with no plan to look at. 11. That Bruce Freckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 wells may be used for non-domestic purposes such as landscape irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 12. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 13. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 14. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20 -additional feet) prior to issuance of a building FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 permit (or other required permits); that required street improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights-of-Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U . S . P . A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 18. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 12 positive results from a hydraulic analysis by the City's computer model. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 20. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 21. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 24. That Section 6.7U, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 25. That the requested zoning of Limited Office (L -O) and General Retail and Service Commercial, (C -G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L -O) Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required .to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities-) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as .utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from ,the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 34. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. . That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the L-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 12. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in.the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L-0 and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial ( C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G) and Limited Office (L-0), but only capable of being developed as a planned commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-0 and C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11 -2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of, 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation.- 2. rrigation:2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 22 a condition of annexation and if not so tiled, the property shall be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L -O) and General Retail and Service Commercial (C -G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L -O) and the property to be zoned General Retail and Service Commercial (C -G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall not be annexed. 24. That the Planning and Zoning Commission questioned whether or not it should make a recommendation of approval because the Applicant had not submitted a plat or development plan, but concluded that it was in the best interests of the City to annex and zone the property even though the development plan was only FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 23 I generally submitted orally at the hearing; the City Council hereby concludes that it generally is in the best interests of the City to have development plans and/or plats submitted at the time of application for annexation and zoning; that, however, in this case since the property is an enclave already within the City it is in the best interests of the City to annex and zone the property even though no development plan or plat was submitted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION The City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 24 Wayne S. Forrey, AICP nt Anlyst Urban Planner and Developmea 3045 Thayen Place Boise, Idaho 83709 Telephone (208) 362-9345 7 May 1996 Fax (208) 362-9416 Comprehensive Planning j Seo City & Regional Mayor Robert "Bob" Corrie Plan Updates and City Council Members MY - 7 10-115 City of Meridian C��� �� ��� Citizen 33 E. Idaho Ave. RIDIAH Participation Meridian, ID 83642 Community Relations Growth RE: Ballantyne-Troutner Business Park — Request to Table City Action on Preliminary Management Plat and Annexation Findings of Fact and Conclusions of Law to May 21, 1996 City Plan Implementation Council Agenda, Items #19 and 20 on May 7, 1996 City Council Agenda. Zoning, Annexation & Development Ordinances Dear Mayor Come and City Council Members: Code Analysis As the representative of Mr. James H. Ballantyne and Mr. Arthur Troutner, who are Development Lena the owners of the Ballantyne-Troutner Business park, I am requesting that the Meridian City Planning & Council table the public hearing on the Ballantyne-Troutner Business Park Preliminary Plat Negotiations (agenda item #19) to your May 21, 1996, City Council agenda. I am also requesting that the Infrastructure City Council table action on the Ballantyne-Troutner Business Park Annexation Findings of Planning Fact/Conclusions of Law (agenda item #20) to your May 21, 1996, agenda. Revitalization Plans During next week, we would like to meet with the Mayor and City staff to review the changes we have made to the plat at the request of the City, neighbors and public agencies. Economic Development This will give Citstaff additional time to review and comment on these changes. City staff •�i' has not yet reviewed the revised Preliminary Plat and we want to give them time to do so. Community We would also like to review with you the Cit Planner's suggestion that this roe be Development Y y gg property Finance Analysis annexed as Planned Development. We agree that Planned Development is appropriate for Fiscal this property but we need additional time to meet with your staff to see what changes should Implications be made to the plat if we are annexed as Planned Development. Funding Strategies If you can please table these items to your May 21, 1996, agenda, we will promptly Public Policy meet with City officials during the next week to allow extra time for staff review of this Evaluation development. Project Management Thank you for helping us develop this quality business park in Meridian. Keep up Cont; act your good work! Planning Services to Cities '& Counties Respectfully, Wayne S. Forrey, AICP `gid Arno JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary 2 TO: James Ballantyne 10250 Whispering Cliffs Boise, ID 83704 FROM: Karen Gallagher, Coordinator �+ Development Services Division SUBJECT: Preliminary Plat-Ballantyne-Troutner Center Park Franklin Rd and Meridian Rd 10F�--1vE() MAY 0 6 1996 OF IMER1®IAh May 2, 1996 On May 1, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are reQuired: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 . Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat - Ballantyne-Troutner Business Park Franklin Rd west of Meridian Road MPP -2-96, Meridian Ballantyne-Troutner Business Park is a 39 -lot commercial/office subdivision on 38 -acres. The site is located on the south side of Franklin Road approximately 1/4 -mile west of Meridian Road. This development is estimated to generate 5,900 additional vehicle trips per day (depending upon the final land uses) based on the Institute of Transportation Engineers Trip Generation manual. The Commission approved this project on April 3, 1996. The applicant submitted a revised access plan and the Commission voted to reconsider the issue during the April 10, 1996 Commission meeting. This staff report includes the revised access plan and new project requirements. Roads impacted by this development: Franklin Road Meridian Road ACHD Commission Date - May 1, 1996 - 12:00 p.m. FIGURE C BALLAN TYNE— TROU TNER BUSINESS PARK SITE—GENERATED TRAFFIC WITH PENWOOD ST. EXTENSION 5 Wtr�e.T w� COIiANr N )to FRANKLIN ROAD _J Lj I 0 Q 0 CM AVEMIE ---- t COMPAIE omw EXYV#scN CORPMAIE ORI%t -0Ao7am- AVERAGE DAILY TRAFr:C Traffic Study Prepared Sy: DOBIE 777 4eormetone 83702 145-3290 1 ' Facts and Findings: A. General Information C -G, L -O - Existing zoning 38 - Acres 39 - Proposed building lots 0 - Square feet of existing building 3,500 - Total lineal feet of proposed public streets (approx) 280 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Minor arterial with no pathway designation Traffic count 10,242 in 1990 238 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. C. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38 -acre mobile home park on this site. That application was not approved by the City of Meridian. On August 2, 1995, the Commission reviewed an annexation with rezone from R14 & RT to C -G & L -O (MA -1-95) to allow office and general commercial development on the site previously considered for a mobile home park. D. A traffic study has been submitted with this application. Staff has incorporated portions of the traffic study in this report. E. Access to the development is proposed by street connections to Franklin Road, Meridian Road and the future extension of Corporate Drive. The site has a 50 -foot wide by 533 -foot easement to Meridian Road located approximately 210 -feet south of Gem Street. The site BALLANTY. Page 2 does not have any actual frontage on Meridian Road. A street is proposed on this easement between Meridian Road and SW 3rd Street. Staff and the applicant agree that this stub street will not be needed once the internal street connection to Corporate Drive is completed. F. Two stub streets extend to the site's west boundary from Franklin Square Subdivision. The applicant proposes construct a hammer -head turnaround at the northern stub, Barrett Street and the southern stub, Pennwood Street. G. Two stub streets are proposed to the south boundary of the site and may intersect with an extension of Corporate Drive in the future. Corporate Drive extended west of Meridian Road was recently approved for inclusion in the Capitol Improvement Plan (CEP) by the Commission; however, it is not yet listed in the District's Five Year Work Program. H. The north -south internal street that connects to Franklin Road (SW 5th Street) is proposed with a 60 -foot right-of-way. The proposed street has been modified to intersect Franklin Road across from the main driveway to the Hoff Forest Products on the north side of Franklin Road. The submitted traffic study did not include a warrant analysis for a traffic signal at Franklin Road and SW 5th Street. The forecast traffic volumes are low enough that a traffic signal is not anticipated. I. The applicant has proposed an extension of SW 3rd Street north from Fulmer Avenue to the northern property line. Staff intends to extend SW 3rd Street north to Franklin Road when the adjacent parcel is redeveloped. J. The remaining internal streets are proposed to have right-of-way widths of 50 -feet. The District's standard right-of-way width for commercial streets is 58 -feet wide to accommodate a 41 -foot street section with 5 -foot wide sidewalks. Staff recommends that all streets within this development be constructed to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. K. The parcel has 238 -feet of frontage on Franklin Road. SW 5th Street is proposed to. intersect Franklin Road across from the main driveway to Hoff Forest Products. The centerline of SW 5th is proposed to be 5 -feet east of the centerline of the existing 50 -foot wide driveway to Hoff Forest Products. The Hoff development is estimated to generate 625 vehicle trips per day. Staff recommends that SW 5th Street be incorporated into the reconstruction of Franklin Road, currently scheduled in 1998. L. Franklin Road is scheduled in the District's current Five Year Work program for reconstruction in 1998. Staff recommends that the applicant be required to provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Prior to the District improving Franklin Road, a left -tum deceleration lan6 will be needed on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. Staff recommends that the deceleration lane be required based on the criteria from the Institute of Transportation Engineers Transportation and Land Development handbook. BALLANTY. Page 3 M. Meridian Road from Franklin Road to East 1st Street is scheduled to be improved by the District in the current Five Year Work Program in FY 1998. A traffic study to determine the necessity of the Meridian/E. 1st Street couplet is scheduled in the District's current Five Year Work Program in FY 1997. Staff recommends that the applicant be required to provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Staff recommends that a left -turn lane be required on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. N. The proposed turnarounds for Pennwood and Barrett Streets at the site's west boundary will prevent a street connection between the residential development to the west and the proposed commercial/office development. O. Staff recommends that driveways to the individual lots maintain 50 -feet of separation from near edge to near edge with the driveway widths not exceeding 30 -feet. Shared driveways are encouraged. P. Staff recommends that access to SW 5th Street for lots near Franklin Road be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. The 175 -foot offset is the minimum allowed for a driveway on a collector road from a controlled intersection. Although SW 5th Street is not classified as a collector street on the Functional Classification Map, the estimated traffic volumes of 5,900 vehicle trips per day justify using the collector street offset. Q. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. R. This application was heard by the Meridian Planning and Zoning Commission. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. BALLANTY. Page 4 2. Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 3. If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to taper. 4. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 5. If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 6. Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 7. Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. 8. SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 9. SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 10. SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 11. Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 12. Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 13. Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited. " 14. Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff's driveway may be located a maximum of 5 -feet apart. BALLANTY. Page 5 15. Provide a cross access easement to the abutting parcel at the southwest comer of Franklin Road and SW 5th Street. 16. Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway should be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District will delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 17. Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 18. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be-reconsidered—and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the Di trict no later than 9:00 a m on the day scheduled for Commission .— Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission -at the time of its original -decision, The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. BALLANTY. Page 6 4. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five vears will not be allowed unless approved by the District Commission. Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. BALLANTY. Page 7 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Any portion of a street which is required by the District to be designated as "no parking" shall be posted by the installation of standard "no parking" signs. A signing plan shall be sealed, signed and dated by a Registered Professional Engineer and submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the signing plan approval shall be completed prior to issuance of a building permit (or other required permit). 17. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 18. Submit three sets of street construction plans to the District for review and appropriate action. 19. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 20. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 21. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 22. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 23. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 24. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. BALLANTY. Page 8 • 25. No change in the terms and conditions of this approval shall be valid unless they are in _ writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 26• Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by Development Services Staff Date of Commi Sion Approval: MAY 0 2 1996 BALLANTY. Page 9 N & D Inc. P.O. Box 851 • Meridian, Idaho 83642 (208) 888-4892 FAX (208) 888-5424 May 2, 1996 Honorable Mayor & City Councilman 33 E. Idaho St. Meridian, Id 83642 Honorable Mayor and City Councilmen; Attached is the legal description for my property at 417 S. Meridian Road, which you have my permission to annex and zone (C -G), along with the Ballantyne - Troutner Business Park. Annexation is acceptable by me as long as the street right-of-way location is as shown on the attached "Sketch for Norm Fuller", with a minimum of 114.44' from the south side of the road right-of-way property line, to my southern boundary as shown on the attached "Sketch for Norm Fuller". Respectfully: Norman G. Fuller President - N & D, Inc. n CO N� o�Lt�li� W �a�0 Lij LLr/WnQ V z- z owro z�zOf LJ o�� 11-0 w Z z� O F- Q�� -►U_n_ tY 0 C) V) z O F— LC u L W cc .,v0'-vS9 L 3 ,.SC. ZZ.O N 100'09 OV08 W0183W ttr'b L L 4Z- v 0c.'Z- -1 N 0 00 ' o If n CO N� o�Lt�li� W �a�0 Lij LLr/WnQ V z- z owro z�zOf LJ o�� 11-0 w Z z� O F- Q�� -►U_n_ tY 0 C) V) z O F— LC u L W cc .,v0'-vS9 L 3 ,.SC. ZZ.O N 100'09 OV08 W0183W ttr'b L L 4Z- v 0c.'Z- -1 N 0 00 r ads - EASEMENT DESCRIPTION ._. FOR- _. = NORMAN FULLER A parcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SE 1/4 of the NE 1/4; thence S 0°22'35" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing S 0°22'35 W a distance of 50.00 feet to a point; thence leaving said easterly boundary S 8915545" W a distance of 533.22 feet to a point; thence N 0'22":) 5" E a distance of 50.00 feet to a point; thence N 89°55'45" E a distance of 533.22 feet to the POINT OF BEGINNING. This parcel contains 26,661 square feet (0.61 acres). Prepared by: Glenn K. Bennett, PLS E R Civil Survey Consultants, Incorporated V, g February 6, 1996 ` . �orrn No. t DW4 / All Policy Forms SCHEDULE C The land referred to in this policy is situated in -the State of County of Ada Idaho and is described as follows: A parcel of -land located in the Southeast quarter of the Northeast quarter, Section 13, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the Southeast quarter of the Northeast quarter which is the REAL POINT OF BEGINNING; thence South 0°2235" West 170.00 feet along the East boundary of said •-Southeaat quarter of the Northeast quarter; thence =i North 89 55 45 West 256.24 feet; thence North 0°22`35" East 170.00 feet to a point on the North boundary of the Southeast quarter of the Northeast quarter; thence Sof`"h 19°55'45" M -t 256.24 fact alon— sr.id North ho *„dory to „> .�4 WARRANTY :DEED 7945608 For Value Received EUGENE P. ROSS and ;,RBARA J. ROSS, husband and wife, 94/0 C--,TAV0,1 DL• . the grantor s, do hereby grant, bargain, sell anc ....uvey unto N & D, INC.', an Idaho corporation, the grantee , the following described premises, to--. %-.- A :: A tract of land located in the N'h N'; f the SE; NEo, Section 13, Township 3 North, Rar:,je 1 West, Boise Meridian, Ada County, Idaho, mo::u particularly described as follows: Commencing at the Southeast corner o she Northeast Quarter of said Section 13, thence Norah 00 22' 35" East 1000.23 feet along the Easte;:ly boundary of said Section 13 to the REAL POINT OF BEGINNING, thence South 890 47' 06" West 533.24 feet, thence North 00 22' 35" East 329.43 feet to a point on the Northerly boundary of SE4 NE; of said Section 13, thence South 89° 55' 45" East'276.'-8 feet along said Northerly boundary, thence ✓S'outh 00 22' 35" West 170.00 feet, thence South 890 55' 45" East 256.24 feet to a point on the Easterly boundary of said SE; NE;, thence SouL-li 0° 22' 35" West 156.77 feet along said Easterly boundary to the REAL POINT OF BEGINNING. The above described tract contains 3.C.'6 acres more or less, subject to a permanent -oad easement being 50.00 feet in width and lying Forth of the following described line: Commencing at the East Quarter corner of said Section 13, thence North 0' 22' 35" Last 1107.00 feet along the Easterly boundary of said Section 13 to the REAL POINT OF BEGINNING. .:mance North 89° 55' 45" West 533.21 feet. TO HAVE AND TO HOLD the said premises, with their ap;;;:rtenances unto the said Grantee , its heirs and assigns forever. And the said Gr;:: -or s do hereby covenant to and with the said Grantee , that they are the owners in fee simple of said premises; that said premises are free from all incumbrances except 1979 taxes and assessments and ease- ments and restrictions of record or visible on the premises, and the rights and powers of the Nampa -Meridian Irrigation District. STATE OF IDA O, COUNTY OF Ada On this ' �n day of August , 1979, iefore me, a notary public in and for said State, personally ppeared EUGENE .,'OSS and ARBARA J. .ROSS•, 114�d and wife .01 nown to me to -be thla'pef$bnz• wj,6.8e •names are ibscribed to the wititih instrttment, and acknowledged to Is that t}1e} %, .`` execute the same. Notary public esiding at BoiseIdaho omm. Expires g I 16 tr Deed 203-A STATE OF ID.,:iO, COUNTY OF`—{�� _ I hereby cerli;p that this instrument was filed for recordat z the request of F(1(ST AMERICAN TITLE Cis H at minutes past C %� o'clockq m., tPo this �? day of V M in my c,Tice, and duly worded is Book z of Deeds at pai a z JOHN BASTION o Ex-Cefisk Recorder Fees $ Deputy. Hail ta: Frinted -"For Solo Br S,_.York Componr. 11040 ia I 1 I 1 I N � � z Franklin Square Subdivision m -� f Q1� r °� x 1 61367.67 ``\'`-�__'-�•=-\ _- �i__�$t \ ,\�C,IZfYCSC���]�:�y��l_�'_ ���j:l• C m �� a n R= 0cm CD to w C tb ci of off_ i i /T i / W 613.70 14 ?h) I i I 1 i i 12>; i •.w• i :125 j 15C - w- --- --- T' ---------- 149.45 .-- i i I IJ i r , ! I 1 CD Ln Z co CO I O i tr 338 16 N � i i .•' 1�ts 110 ,`, ,z. 125 '•2y ;d _W 1 � r ►v = � ll c O i =a o n I .-- i i I IJ i r , ! I 1 CD Ln Z co CO I O i tr 338 16 N � i i .•' 1�ts 110 ,`, ,z. 125 '•2y ;d _W 195.30 do•- r `g, CD < c O i , � m •gyp _ I m� � H N 1 J. W m ^O / C S9V335TFeet- L 51TFi001ii : ' a. �' 3.39 11.i :L'-- 1 - p 1L4 12.JJ �1J1A11 C7 :o ni o (y rr C C U 325- _ W lei 1F•1�•� .......... ................. 663.E Q r. � O O 1, ! a p � � 86.37 y � u 3 Q I7 W =r s* r m CD 7(y M eriman g o 1245! 1-4 1C) 324.80 1 = i o /X). ROW 195.30 `g, CD < c � a •gyp _ I m� � H � W p n�.1 v C y� a. �' S � > P C7 rte+• ni o (y rr C C U W lei 1F•1�•� .y�• Q r. � O O � � a 5 I � � � o N �• 0 I7 W =r s* r m CD 7(y M eriman g o 1245! 1-4 1C) 324.80 1 = i o /X). ROW `g, CD < •�• O CD C% W n�.1 v CD SW S � n 1 � rte+• Q+ (y rr C C ^ W lei 1F•1�•� .y�• Q r. � O O � � a � O � o N �• 0 Z W I 1245! 1-4 1C) `g, CD < •�• co , ch CD C% W n�.1 v CD SW S � � ►+1 � rte+• Q+ (y � C GGIn-C SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, secretary COMMISSION MEETING - APRIL 24, 1996 INDEX TO MINUTES PAGE NO. SUBJECT Consent Agenda: Development Applications; Final plats for Signature: Savannah Greens Subdivision No. 2 and Van Engelen Estates Subdivision; Rescission of Conditions to Dedicate R/W, DR -158-94 and DR -122-95; Landover Estates No. 9, Deletion of Turnaround; Bid Results and Consideration, Purchase of Three (3) New Sanders; Bid Results and Consideration, Capitol/University/Boise Avenue Inter- section Improvements, Project No. 36105.0 and Milwaukee/Franklin Intersection, Porject No. 60024.0; Bid Results and Consideration, State Street/Bloom/Plantation Drive, Project No. 52113.0; Resolution No. 499, Findings of Facts and Conclusions, Vacation West Brookview Drive; Impact Fee Offset Agreement, IFA -14-96, 600 N. Maple Grove; Cooperative Traffic Signal Agreement, Eagle Alternate Route, Eagle Road and State Street; Approval of Minutes and Minute Entries, April 10, 1996, and Minute Etnry, April 12, 1996 2 Consent Agenda (Continued) A3, CU -14-96, 110 Myrtle Street Public Hearing, Proposed Vacation, Adkins Street Extended, (Formerly Known as Florence Street) Public Hearing Proposed Vacation, Adkins Street (Continued) Public Hearing, Proposed Vacation, Headway Court (Formerly Known As E. Wandle Court) 4 Request for Pavement Cut, 100 East Boise Avenue Impact Fee Appeal, TCI Cablevision Impact Fee Appeal, TCI Cablevision (Continued) Reconsideration of April 3 Commission Action, Preliminary Plat, Ballan- tyne-Troutner Subdivision 6 - 7 Discussion, Preliminary Plat, Ballantyne-Troutner (Continued) 7 Appeal of Staff Level Approval, 96-1-7/CU, Alworth Street ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 &GU -G SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary Minutes of the regular Commission meeting held April 24, 1996, at 7:00 p.m., in the offices of the Ada County Highway District, 318 East 37th Street, Boise, Idaho. Commissioners Huber, Eastlake, and Bruce present. Approximately thirty citizens present. Ada County Highway District staff present: Jerry Nyman, Kent Brown, Terry Little, Larry Sale, Mike Brokaw, Dave Wynkoop, Dick Brown, Dave Szplett, Dyan Marquez, and Alice Sinsel. Commissioner Huber called the meeting to order at 7:00 p.m. CONSENT AGENDA: DEVELOPMENT APPLICATIONS; FINAL PLATS FOR SIGNATURE: SAVANNAH GREENS SUBDIVISION NO 2 AND VAN ENGELEN ESTATES SUBDIVISION. RESCISSION OF CONDITIONS TO DEDICATE RIGHT -017 - WAY, DR -158-94 AND DR -122-95• LANDOVER ESTATES NO 9 DELETION OF TURNAROUND: BID RESULTS AND CONSIDERATION PURCHASE OF THREE (3) NEW SANDERS: BID RESULTS AND CONSIDERATION, CAPITOL/LMVERSITY/BOISE AVENUE INTERSECTION IMPROVEMENTS PROJECT NO 36105.0 AND MILWAUKEE/FRANKLIN INTERSECTION PROJECT NO 60024.0. BID RESULTS AND CONSIDERATION. STATE STREETBLOOM/PLANTATION DRIVE PROJECT NO 52113.0: RESOLUTION NO. 499. FINDINGS OF FACTS AND CONCLUSIONS, VACATION. WEST BROOKVIEW DRIVE: IMPACT FEE OFFSET AGREEMENT IFA -14- 96. 600 N. MAPLE GROVE: COOPERATIVE TRAFFIC SIGNAL AGREEMENT EAGLE ALTERNATE ROUTE. EAGLE ROAD AND STATE STREET: APPROVAL OF MINUTES AND MINUTE ENTRIES APRIL 10 1996, AND MINUTE ENTRY APRIL 12, 1996 - Larry Sale requested the following changes to the Development Applications Consent Agenda: Al, Preliminary Plat: Foxtail/96-13-PDR/96-11-ZC, to be deferred until May 8, 1996, at the request of the developer; and A5, DR -38-96, 7189 Overland Road, to be remanded to staff at the request of the applicant. Commissioner Eastlake requested that A3, CU -14-96, 110 Myrtle Street, be moved to the regular agenda for discussion. Larry Sale requested a change to item 7 of the regular agenda. The appeal of Staff Level Approval, 96-1-7/CU, Alworth Street, has been withdrawn in the hopes of getting a resolution and should be removed from the agenda. ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680 Commission Meeting - April 24, 1996 Page 3 Public Hearing Proposed Vacation Adkins Street (Continued) Commissioner Huber opened the meeting for public input. Dan Torfin, representing VW, Inc., explained the replatting that is taking place and stated that they have approval from the District's Development Services staff which required vacation of a small portion of the roadway shown. They concur with the staff report as submitted. He stated that Lot 8 with the higher value has a house and that's why the cost of the property was a bit higher. Discussion held concerning the purchase price of the properties involved in the proposed vacation. Mr. Brown stated that he would like to review the method by which staff prepared the value and asked that the public hearing be continued for a week. Commissioner Huber asked for further audience input. Wayne Forrey, 3045 Thayen Place, pointed out that he and his wife, Karen, are purchasing property just south of this project and that they have no objection to the proposed vacation. Commissioner Bruce moved to continue the public hearing for the proposed vacation of Adkins Street Extended for one week. Commissioner Eastlake seconded. Motion carried unanimously. PUBLIC HEARING. PROPOSED VACATION HEADWAY COURT (FORMERLY KNOWN AS E. WANDLE COURT) - Dick Brown stated that here and now is the advertised place and time to consider the proposed vacation of Headway Court. He explained the location and the history of subject proposal (copy of staff report attached). Mr. Brown pointed out that no charges will be imposed based on the street originally being dedicated by the same property owner. He further pointed out that no objections to the vacation has been received and recommended that the proposed vacation be approved as being in the best interest of Ada County Highway District, adjacent property owners, and the traveling public. He then recommended that the meeting be opened for public input. Discussion held concerning whether the original developer and the applicant are the same person. Bob Nahas, 8437 West Creek Run, explained their plan for the area to be vacated and stated that he was the person who originally dedicated the street. Commissioner Huber opened the meeting for public testimony. Hearing no response, she closed the public hearing. Commissioner Bruce moved to vacate Headway Court (Formerly Known as E. Wandle Court), as submitted in the staff report. Commissioner Eastlake seconded. Motion carried unanimously. Commission Meeting - April 24, 1996 Page 5 Impact Fee Appeal - TCI Cablevision (Continued) the costs involved and pointed out that staff may need to update the Capital Improvements Plan and construction cost numbers more frequently. If we anticipate having those construction numbers by June, this could be delayed until better numbers are available. Further discussion followed concerning how to proceed without determining that the impact fee should be "0". Commissioner Bruce explained the concern he has with allowing a $0.00 impact fee. Further discussion followed concerning how to proceed with this appeal and other applications that are pending. Commissioner Huber suggested that the staff move all the applications along as much as possible with the understanding that the actual impact fee number will be finalized when all of the other numbers are in place. It was determined that the Commissioners and staff need to have a work session to finally decide what needs to be done. The work session to be scheduled as soon as possible. (Work session scheduled during the Director's Report for May 8, 1996) Commissioner Bruce moved to authorize staff to proceed; to allow TCI to go ahead with the necessary building permits; but that this matter be deferred for two weeks to see if a resolution of the issue can be found. Commissioner Eastlake seconded. Motion carried unanimously. RECONSIDERATION OF APRIL 3 COMMISSION ACTION, PRELIMINARY PLAT, BALLANTYNE-TROUTNER SUBDIVISION - Larry Sale explained the problems that have occurred with regard to subject proposed subdivision as it relates to future street extensions out of the subdivision. He noted the recommendations of staff with regard to the driveways on Franklin Road and the possible future need for a traffic signal. Mr. Sale then asked to make a couple of corrections to the staff report as follows: Facts and Findings L, all but the first sentence, conflicts with Facts and Findings H and should be deleted. The first sentence of L should be placed under Facts and Findings H in front of the last sentence which reads "The forecast traffic volumes...". Under Site Specific Requirements, page 6, number 14, the OR sentence should read "Locate SW 5th Street as proposed 5 -feet east of the west boundary." The rest of the current verbiage in the staff report should be deleted. A Fact and Finding will be added that states that this conforms with District policy with regard to the driveway offset to the Hoff property. Under Site Specific No. 17, the first sentence should be changed to read "Conduct a traffic signal warrant analysis for the Franklin Road/SW5th Street intersection, prior to approval of the final plat of the last phase of the project. Mr. Sale stated that he believes these recommendations and requirements allows the project to proceed and explained the changes that were made to eliminate access to the neighboring residential streets to the west. He noted that staff had reviewed the possibility of providing pedestrian access, but believed that it would not be a good idea. After discussion of the area in general, Commissioner Huber invited public input. Commission Meeting - April 24, 1996 Page 7 Discussion Preliminary Plat. Ballantyne-Troutner Subdivision (Continued) Doug Tamura explained the meeting they had with the Meridian Mayor and City Council to see if they could get support for the extension of Corporate Drive. He stated that it is not the City of Meridian's priority at this time. He further explained the intent to clean up the whole section to get Corporate Drive built and that the property owners will be working together to get that done. Discussion followed concerning the possibility of a partnering project on Corporate Drive, with Mr. Tamura explaining the different ownerships that would be involved. Brian Hoff, Hoff Forest Products, 420 W. Franklin Road, explained what he believed to be approved by the Meridian Planning and Zoning and what is being presented to City Council, which is the alignment with the Hoff driveway. Mr. Sale pointed out the changes to the staff report which would be a change to what the City of Meridian originally reviewed. Wayne Forrey presented the site plan that was submitted to Meridian Planning and Zoning and the two options, A & B, and explained them. He stated that they want to pursue option A because option B makes Lot 1 unusable. He further pointed out that if option A is used, it will eliminate an access onto Franklin because their property and the Henkles and McCoy property will use a shared access. He did want to make it clear that they don't want to hurt Hoff. Much discussion followed concerning the possibilities involved in this matter. Jim Ballantyne asked whether the turning trucks would be a problem if Franklin Road is a five - lane roadway. Larry Sale explained that it is not just a truck problem, it is also cars turning into the subdivision. After further discussion, Commissioner Bruce said he would like to go look at the area prior to making any decision and moved to defer the matter for one week. Commissioner Eastlake seconded and asked about the possibility of requiring an access to Meridian Road. Larry Sale stated that he didn't believe there was enough traffic to require that. Mike Ballantyne pointed out that Henkles and McCoy also use large trucks and explained the benefits of using Option A which minimizes accesses on Franklin. Commissioner Huber encouraged the people involved to see if they can work something out between them to resolve the issue prior to next week's meeting. She stated that those involved can better balance the financial impacts and exchanges than the Commission might. She then called for the vote on the motion. Motion carried unanimously. APPEAL OF STAFF LEVEL APPROVAL, 96-1-7/CU, ALWORTH STREET - Larry Sale read the letter from the developer of subject application requesting postponement of this appeal. He recommended that this matter be removed from the Agenda and remanded to staff. Commissioner Bruce moved to remove subject item from the agenda and remand it to staff for Commission Meeting - April 24, 1996 Page 9 Request for Verification Regarding Bench Valley Study Decisions Continued) Commissioner Huber explained her understanding of the need for the District to have a draft mitigation policy. Commissioner Bruce moved to direct staff to prepare a mitigation policy for use by the District and bring it back for Commission approval. Commissioner Eastlake seconded. Motion carried unanimously. Further discussion followed concerning how to proceed with the "buy-outs" on the Bench Valley project. Commissioner Eastlake suggested that the District look into the possibility of using the method used by Port of Seattle. Jerry Nyman explained the concern of the property owners involved and the need for the District to provide them some type of answer. Much discussion followed concerning the APA Mitigation Committee, its function, and the need to have something in place to use in the interim. Curtis Road Newsletter - Terry Little presented drafts for the stationery and titles for the newsletter for the Commissioners to review. He commended Dyan Marquez for her idea to keep the residents along Curtis Road informed as the project proceeds. He asked the Commissioners to review the different formats and let Dyan Marquez know their preference. Pasadena Drive peed Hump - Terry Little presented the letter proposed for response to a property owner on Pasadena Drive who opposes the speed humps. If the Commissioners agree, it will be presented for signature by the Commission President next week. Discussion of Request for Speed Humns on McKinle Street - Discussion held concerning the speeding problem on McKinley Street because of the speed humps placed on other streets in the area. Terry Little stated that he will be responding to the letter requesting traffic calming. Commissioner Bruce moved to adjourn the meeting at 9:50 p.m. Commissioner Eastlake seconded. Motion carried unanimously. �" /� y4A,�_ 5Jarmn E. Bruce, Secretary Sherry R. H er, President as Troutner Business Park Updated Application Information REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANN114G AND ZONING COMMISSION '�•�4—S }VF+. TIME TABLE FOR SUBMISSION: A request for preliminary slat approval must tie in the City Clerks possession no later than three days following the regular- meeting oz the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received bexore 5:00 P.M., Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION 1. Name or Annexation and Subdivision. Troutner Business Park 2. General Location, S. of Franklin Road, W. of Meridian Rd. 3. Owners of record, Attachment A in City files Address, 10250 Whispering C1iffsZip 837041'elephone 375-1966 4. Applicant, Jim Ballantyne Address,10250 Whispering Cliffs Dr. 5. EngineerimK ll r P.E. Firm Keller Associates, Inc. 45 e Address Boise, iD ,Zip 83704Telephone 375-1992 6. Name and address to receive City billings: Name Jim 10250 Whispering Cliffs Dr. Ballantyne Address Boise, ID 83704 Telephone 375-1966 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 39.90 2. Number of lots 37 3. Lots per acre .93 4. Density per acre .93 5. Zoning Classification(s) L -O, C -G 6. If the proposed sundivision is outside the Meridian City Limits but within the jurisaictional mile, what is the existing zoning classification R-14 and RT Does the plat border a potential green belt No 6. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas:' No Explain For future parks?— No Explain ii. What scnooits) service the area Meridian Dist No.?, oo you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Yes Water Supply Central Water Fire Department Fire Hydrants Other 35' Buffer set"hra[7kExplain Buffer adjacent to Franklin Square Subdivision. Type of Building (Residential. Commercial, Industrial or combi.nation)Commercial, Industrial, Office and Combination 14. Type of Dwelling t s ) Singie Family, Duplexes, Muitipie:ces, other No dwellings anticipated. 15. Proposed Development features: a. Minimum square footage of lot(s), None required b. Minimum square footage of structure(s)None required C. Are garages provides for, N A_square footage N/A d. Are other coverings provided for No e. Landscaping has been provided foryPg Describe Landscape setback buffers as shown on plat. in landscape setback areas f. Trees will be provided f or/f , Trees will be maintained by individual.lot buyers and Association. g. Sprinkler systems are provided for Yes h. Are there multiple units Possibly , Type attached remarks office warehouse attached units 1. Are there special set back requirements Yes Explain along Franklin Road and adjacent to Franklin Square Subdivision. j. Has off street parking been provided for No , E:,,piain k. Value range of property Market Value 1. Type of financing for development Conventional b ing developed M. Protective covenants were submitted ,Date pending le. Does the proposal land lock other property No Does it create Enclaves No. STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ?. Proposed use is in conformance with the City of Meridian Comprehensive Plan. J. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) C. ; m ��a r _ a of - • .., 1-. r � x fY.1 ,., -- 00 CC3 N Q+ o ¢ r N C*En �N v a _ �� y V1 N (b O � Cd CCS ►'" oa S1 Z t AL LOQ u1lplo -- r� � vl �I G. a o 175 "—M a 'Ma t7 n E v v �^ ` v a U V E li tOi U m S _3 .5 A 0. �_ 1 C q d) + i 1 co is a j o np- ..� .o % 7vvi y y N.•L. •O `� b4 _ i .. N G W S _ r p v .. /may :.ti <<II ✓` v c .i ¢? w f hS I " n n I • `� CCS � � z Fyl J W G a3 o 091 091 061+' W . cn 911 M '^ o pr` 09Z VI/ v h s " 1 091,, ort a L J v ��) y Q �<°°"' OOZH��J.'- laalls pj6 Nis z >, J Q.- sis fl. p m V 1 O a U91 091 4. .. l )1 is - !-U 4 usU9)l 91t OSZ --_ _ - - I �I - N O F1,- om c rnl c. 0 1,,o N g -..vZ.kl--r5-'N,NI1I laaj)S LllgAn� �) USZ 09l091 al091 OS 1 ps i Ott oNIJ09l011Z (Wz09l 09[ 09i 061 C5OC�� ifij -r 04t �a�a++fit y��ylxltoeplatlS`t n U41 uolstni n a.��b ut �- S S Of S .Pq z °, i TROUTNER BUSINESS PARK Legal Descriptions 1) Boundary Perimeter Legal including revised easement on Fuller property: � VEI-F JUN - 4 1201016 CITY CF'iAE'RIMAN' A parcel of land lying within the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25" West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00°08'25" West, a distance of 568.70 feet; thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85°41'00" East, a distance of 147.41 feet to an iron pin; thence N 79055'00" East, a distance of 523.37 feet; thence N 00013'43" East, a distance of 142.37 feet; thence S 89055'14- East, a distance of 790.42 feet; thence N 00023'12" East, a distance of 331.66 feet to an iron thence N 8, 9°56'12" West a distance of 128.95 feet to an iror thence N 00018'07" East, a distance of 663.24 feet; thence N 89°58'05" West, a distance of 663.25 feet; thence N 00013'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00013'48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE% of the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SE% of the NE'/.; 5/31/96 page 1 legals.doc TROUTNER BUSINESS PARK Legal Descriptions thence S 0022'35" West, along the easterly boundary of said SE% of the NE%, a distance of 162.32 feet to the POINT OF BEGINNING; thence S 0022'35" West, a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89055'45" West, a distance of 533.22 feet to a point; thence N 0022'35" East, a distance of 50.00 feet to a point; thence N 89055'45" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 0.61 acres of land, more or less. 5/31/96 page 2 legals.doc TROUTNER BUSINESS PARK Legal Descriptions 2) Boundary Perimeter Legal including Fuller property: A parcel of land lying within the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25" West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00008'25" West, a distance of 568.70 feet; thence N 72009'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00008'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85041'00" East, a distance of 147.41 feet to an iron pin; thence N 79055'00" East, a distance of 523.37 feet; thence N 00013'43" East, a distance of 142.37 feet; thence S 89055'14" East, a distance of 790.42 feet; thence N 00023'12" East, a distance of 331.66 feet to an iron pin; thence N 89056'12" West, a distance of 128.95 feet to an iron pin; thence N 00018'07" East, a distance of 66324 feet; thence N 89058'05" West, a distance of 663.25 feet; thence N 00013'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00013'48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE% of the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly comer of said SE% of the NE%; 5/31/96 page 3 legals.doc TROUTNER BUSINESS PARK Legal Descriptions thence S 0022'35" West, along the easterly boundary of said SE% of the NE%, a distance of 329.43' feet; thence leaving said easterly boundary S 89047'06" West, a distance of 533.22 feet to a point; thence N 0022'35" East, a distance of 326.76 feet to a point; thence N 89055'45" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. = c4n °' 5/31/96 page 4 legals.doc TROUTNER BUSINESS PARK Legal Descriptions 3) Boundary Legal of lots to be zoned L -O: A parcel of land lying within the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25" West, a distance of 45.00 feet; thence S 00°0825" West, a distance of 568.70 feet to the REAL POINT OF BEGINNING; thence N 72009'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00008'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85041'00" East, a distance of 147.41 feet to an iron pin; thence N 79055'00" East, a distance of 211.34 feet; thence N 00008"58" East, a distance of 1005.86 feet; thence N 29038'58" East, a distance of 170.41 feet; thence N 57041'11" West, a distance of 161.79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more or less. 5/31/96 page 5 legals.doc TROUTNER BUSINESS PARK Legal Descriptions 4) Boundary Legal of lots to be zoned C -G including Fuller property: A parcel of land lying within the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00008'25" West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence S 00°d8'25" West, a distance of 568.70 feet; thence S 57°41'11" East, a distance of 161.79 feet; thence S 29038'58" West, a distance of 170.41 feet; thence S 00008'58" West, a distance of 1005.86 feet; thence N 79055'00" East, a distance of 312.03 feet; thence N 00013'43" East, a distance of 142.37 feet; thence S 89055'14" East, a distance of 790.42 feet; thence N 00023'12" East, a distance of 331.66 feet to an iron pin; thence N 89056'12" West, a distance of 128.95 feet to an iron pin; thence N 00018'07" East, a distance of 663.24 feet; thence N 89058'05" West, a distance of 663.25 feet; thence N 00013'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00013'48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. containing 28.48 acres of land, more or less. And also: A parcel located in the SE% of the NE% of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly comer of said SE% of the NE%; 5/31/96 page 6 legals.doc TROUTNER BUSINESS PARK Legal Descriptions thence S 0022'35" West, along the easterly boundary of said SE% of the NE'/, a distance of 329.43' feet; thence leaving said easterly boundary S 89047'06" West, a distance of 533.22 feet to a point; thence N 0022'35" East, a distance of 326.76 feet to a point; thence N 8905545" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. 5/31/96 page 7 legals.doc LEavEt PRD P05 E p„ MAY 3 i 1496 DEVELOPMENT AGREEMENT -IT' Dr WRIDL0; THIS AGREEMENT, made and entered into this 1 } day of J un 1994,(0by and between the CITY OF MERIDIAN, a municipal corporation �of the State of Idaho, party of the first part, hereinafter called the "CITY", and TY 651re s �o, !►re a. , party of the second part, hereinafter called the "DEVELOPER", whoseaaddress is iOASn w 4is4aivig cl;4(5 -f6—S37C� WITNESSETH: WHEREAS, DEVELOPER is theowner, 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, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CiTY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPFR has submitted an application for annexation and zoning, Itip►�liicl�ti�ri�,ii\c�cc�i1p�41 of that certain property described in Exhibit "A", and requested zoning of L -o ae C -G and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing 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 WHEREAS, the DEVELOPER, as,owner of said land, has made request to the CITY to have the same annexed to said CITY, "1464 and has submitted to the CiTY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CiTY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 7-y".,-ckAk SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned 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 his, its, or their 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. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A",4 Se ji—bv',Ida6tgI ors j c s lvuc�;on ?� f c Pia ov+� C a•MWvihu,ai� S '�Ci+M2 4A a l (m.iad �i �n { Ebb J�ah La^i�y pr�QtHaKce, Stc h%N o2- �/09� y S�Ireclule a f USc Cev�i�•o(. C- G 3. That the property zoned L- 0 64 described in "Exhibit A", shalt have lot sizes of at least Cvl-Q square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the _ L -O o4 C"zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before rem; file or cause to be tiled with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall PdRLc SUBDIVISION DEVELOPMENT AGREEMENT Page 2 also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision 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, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) 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. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision 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 Subdivision 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, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the wthat said Plans of the various improvements are true and correct and that hent a Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, 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 Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, 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. H. That DEVELOPER agrees, that 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 thereupon, within a reasonable time, construct said needed 'sem 6v;ivo5s Pen%.Z SUBDIVISION DEVELOPMENT AGREEMENT Page 3 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 cost of such construction, 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 set forth in this paragraph except at a regular or special meeting of the City Council 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 he present in person or by comet, and to he heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their 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 he 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. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect loch sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. in the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. in the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements SUBDIVISION DEVELOPMENT AGREEMENT Page 4 installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. . The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of' improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subiect development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Oc1 cy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have �Gm er 1��5�rf5t "—SUBDIVISION DEVELOPMENT AGREEMENT Page 5 entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occu- shall he issued in any phase in which the improvements have. not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this r erneWmaddapart hereof, and agrees to construct a perimeter fence around tieprior to any construction,ih P�aca� except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: I -M;Aiib• 9 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall he appurtenant to and run with the land and shall he binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall he subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. & ,,-e s Pas SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: President By CITY OF MERIDIAN By iGmnmF-King0OF-d; Mayor 4?6� Cer-c�Q' By William G. Berg, Jr., City Clerk ( SJ;m5s Pcvtil,, SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) On this __ __ day of _ , 1994, before me, the undersigned, a Notary Public in and for said .State, personally appeared and , known, or proved to me, to he the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, 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. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this day of _'1994 efore me, the undersigned, a Notary Public in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to he 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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: T riy ,r re5s Petr SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND o�,Ue- aka Co��cra.P lofs This subdivision is for -U with an overall density of 37 eo45 er The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property krcq" � Ek - 14 uN ' 2 (oh"� 5 CW Kt, (,j� riled 14.cav�2 e I o -e SI ie, QYcaa{ s `'19 kcW . 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines �Mw)ve ,hove -aid whm water i=d--sewer--"-be extend}. E i� Wl � Z l a eva� s�« I S FJty e Se win u,c e �r 4 oA 5'k . c., Prel(;t wav j �GIdQ" 3. Construct streets to and within the property. 4Y1f111�h 4. Dedicate the necessary land from the centerline(s) of ukll• 20 04 Road(s) for public right-of-way. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. RovJ '7. mwwrteA irt, MW tvscaping^ asp entrances' shall he provided and maintained by the � O lssociation. 8. Pressurized irrigation is to he provided to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must he submitted to the City. 9. Fencing - P rimeter fencing 54ctO tax. ce1s{-1c,�-0d a5 'e`c - �ta' -�A JC't d y� t n,`"� �- -a � o�tctcr(,u Ipk� , bo 10. Pedestrian walkways 11-9-605 C F 5;". V -o wqc ��, d 11. Planting s psA and eserve strips (11-9-605 G. A 35' L.aasc� �A'��, (�t 0� CR -�7y ivau�Cltw _ �"irl v:Sran c� ttitAra N[� (p,, uS VgiJ �au9s� 6(Z � U' � tS e� de��}adt' w� ��� S. (iud �Nj ®vn�pn�4CFh' . ()L NsA natural features 11-9-605 H.2.) —q" 12. Preservation of existing ( 14 t ��locai'�� . -T2 ld,tbp w . L t (114� tp''.tsQnup d . 13. Lineal open space corridors (1,,1-9-605 K.) -r Q 3 S' I a+w-C % ,R �- (Qui- V" 4 laW I SCV'e a A �AAwamkt, 1 c AAa I Of x`'x 5,M c¢ crtiv ��or s . EXHIBIT "B" Pae 1 of 3 -��,,, f3usrQss P SUBDIVISION DEVELOPMENT AGREEMENT g 14. Pedestrian/hike paths (11-9-605 L.) -tti2�i�.-e scot S�e.w���s a° ����•� � Ip,V, T..JAA5• 'lam 04t` �pa�lttuaYS w�Cl lye ciQ✓� d• 15. School sites or fees in lieu there pf . A Sc4r . S,-4 f Q, v zwA w'• t � �, +- � uJ�l.,h c6t«cn S r-� A s i U* �d . Z . nl o p 5C 01 16. Land set aside for parks. leo akd w u �JaS"S_e A s 17. Greenbelts along canals or drainages, i4- w�i c l� w Vk,�+ {ice ��wf tn��lQ (� aQ ����.� vlt��Q la�enaQ eatier w�ct (a�2 Nitaiwiaiwcd J�-C U�auN� Lh.�uh �� 011 QcSf✓w� Sc,W,leW4Ik Q Wkzi-k"vu_ PtNhw (oy e Lo f- t 6 emlAe we-eJ co^ k t I —V �- ,p Z, 3 ••P �/ /occ S Ore a.e `twU . ek�u. TWO = tom} 5 5-I�t,�v �z a N1o4 trv-e a -P (off S &, 7..+d g filo J TLvo . 64 2. b b(oa-c. F�'� 6&u hP �es%ccfra� (C,C QRS; a� � �luu�P �leu�.-yP'uu."� �►w�`�'`�,° s2.o��sl��D �j 4(C G� . & S 0 , 5 � � � d u �►°�' v �t �9.� `tom c s 4014 Ca N, G nek voa�a�w�a.—c�,.e_ c�e h aCTvusLIC). •T� rotass ae-� Le1s EXHIBIT "B" —t�vkren s Q Ic SUBDIVTSION DEVELOPMENT AGREEMENT Page 2 of 3 EAST& Company, Inc. Commercial Real Estate ServiceS New America Network May 20, 1996 6003 Overland Road Hon. Robert Corrie suite 204 Boise, Idaho 83709 Mayor, City of Meridian FAX 322-5910 33 E. Idaho Avenue (208) 322-5900 Meridian, ID 83642 _ ME r Dear Mr. Mayor: individual Members Thank you for taking the time to meet with me and the other individuals representing the proposed Troutner Business Park. We believe that meeting was extremely productive and appreciate your help and the help of your staff. As discussed, we will ask on May 21 that our public hearing be deferred until June 4, 1996. This will give staff a chance to review the revisions, to our application which were made as a result of Ada County Highway District requirements. e would, however, like for any neighbors to have the chance to speak at the June 21 hearing. This would allow us to work with staff prior to June 4 to resolve any concerns that might be aired on June 21. At the end of that meeting we identified a number of items which we needed to provide to the City, including: 1.) 3 new legal descriptions for the Business Park. One for the entire site including Norman 5 Fuller's property, one for the L -O zoning, and one for the z-G,zonting. 2.) A development agreement. ry 3.) CC & R's for the park. 4.) Updated information on our application, (currently before the City.) 5.) Utility profiles and new detail added to plat. : ec e u�d c 6.) Fifteen copies of the plat in I" - 100' scale. • 7.) One copy of the plat in I" - 300' scale. 0 8.) A traffic study for the park. If there is any additional information the you or your staff needs, please let Wayne Forrey or me know right away. It is our desire to provide all information in a timely and professional manner. Sincerely Yours, �_ Ml J. antyne representing the applicant cc: Shari L. Stiles, Planning Director's Gary D. Smith, City Engineer James H. Ballantyne Wayne S. Forrey Jim Keller, Keller Engineering NEWAME C NEtWORK. Your Partner in Real Estate Services Worldwide s. w. 5th street . T 7N�1/1- �2 b�- sod"""` a vwF d 2q W44,7 ' 44 -sol p l ` isof �2 �vrw OC44-e.�.+.ao�c.�. a Gi ( S, W , 5 T St• .o 7YtKf - 7 Vv✓� /uu �i1 ARCHITECT/PLANNER OJECT NO. 9yyCCfftt % q � 1O ANGELA DRIVE O V O 15DD O Y V V a P.O. BOX 3090 DATE Z HAILEY. ID 83333 OWEN WRIGHT SCANLON MERIDIAN, IDAHO G 46 In-& SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary RIC k.a.2 sl ED APIR 1 9 i 9_6 CITY O INERIDIA Qac APRIL 24, 1996 - 7:00 P.M. 1. CONSENT AGENDA: A. Development Applications (See Attached) - Sale B. Final Plats for Signature: - Sale Savannah Greens Subdivision No. 2 Van Engelen Estates Subdivision C. Rescission of Conditions to Dedicate Right -of -Way, DR -158-94 and DR -122-95 - Sale D. Landover Estates No. 9, Deletion of Turnaround - Sale E. Bid Results and Consideration, Purchase of Three (3) New Sanders - Morgan F. Bid Results and Consideration, Capitol/University/Boise Avenue Intersection Improvements, Project No. 36105.0; Milwaukee/ - Franklin Intersection, Project No. 60024.0 - Spickelmier G. Bid Results and Consideration, State Street/Bloom/Plantation Drive, Project No. 52113.0 - Spickelmier H. Resolution No. 499, Findings of Facts and Conclusions, Vacation, West Brookview Drive - D. Brown I. Impact Fee Offset Agreement, IFA -14-96, 600 N. Maple Grove - Sale J. Cooperative Traffic Signal Agreement, Eagle Alternate Route, Eagle Road and State Street - Rosenlund K. Approval of Minutes and Minute Entries. April 10, 1996, and Minute Entry, April 12, 1996 (CONTINUED ON FOLLOWING PAGE) cda county highway district 318 East 7th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 AGENDA - April 24, 1996 Page 2 2. Public Hearing, Proposed Vacation, Adkins Street Extended, (Formerly Known as Florence Street) - D. Brown 3. Public Hearing, Proposed Vacation, Headway Court (Formerly Known as E. Wandle Court) - Dick Brown 4. Request for Pavement Cut, 100 E. Boise Avenue - Rinaldi 5. Impact Fee Appeal, TCI Cablevision (Deferred from April , 1996) - Sale 6. Reconsideration of April 3 Commission Action, Preliminary Plat, Ballan- tyne-Troutner Subdivision - Sale 7. Appeal of Staff Level Approval, 96-1-7/CU, Alworth Street - Sale 8. Director's Report 9. Miscellaneous Discussion - Commissioners ADA COUNTY HIGHWAY DISTRICT Development Applications Commission Meeting - April 24, 1996 Tech Review - April 12, 1996 Ada County: PRELIMINARY PLAT: Al. Foxtail/96-13-PDR/96-11-ZC 800 Chinden Blvd A2. 96-10-ZC 555 Park Ln Boise City: A3. CU -14-96 A4. DR -37-96 A5. DR -38-96 Garden City: A6. 96-3-2/CU 110 Myrtle St e/o 2nd St 6624 Overland Rd 7189 Overland Rd 39th St and Chinden Blvd Page 1 of 2 APR2496-%VPD TAZ:252 Lots: 15 Rezone from RT to R1 Supermarket Convert 2 houses into offices Restaurant modifications Fire station Ada County: 1. 96 -20 -CU Boise City: 2. CU -20-96 Garden City: 3. 96-3-14/CU ADA COUNTY HIGHWAY DISTRICT Development Applications Staff Level Approvals of April 15, 1996 7370 Meridian Rd (n/o Columbia Rd) 3701 Lake Forest Dr (e/o Federal Way) 94 E 49th St (e/o Chinden Blvd) Page 2 of 2 APR2496. WPD Linesman training facility Elementary school Four unit retail warehouse COMMISSION MEETING - APRIL 3, 1996 INDEX TO MINUTES T`1 V L i. Y ✓ � i u B .; 3..... . PAGE NO. SUBJECT 1 Consent Agenda: Development Applications; Final Plats for Signature: Salmon Rapids No. 2, Sarona Subdivision, Canterbury Subdivision No. 1; License Agreement, Portion of N. Ulmer; License Agreement, West Floating Feather Road; License Agreement, Smith's Eagle Chevron; Citi- zen Use Permit, YMCA, Spring Sprint Triathlon; Bid Approval, One New Truck Mounted Aerial Lift 2 Recommendations for 1996 Neighborhood Enhancement Program Approval of Minutes and Minute Entries, March 20, 1996 Impact Fee Appeal, TCI Cablevision 3 Impact Fee Appeal, TCI Cablevision (Continued) Appeal of Staff Recommendation, AA -15-96, NEC, Maple Grove/Holbrook 4 Appeal, AA -15-96, NEC, Maple Grove/Holbrook (Con- tinued) Application Preview, Eagle Collector Road 5 - 6 Application Preview, Eagle Collector Road (Con- tinued) 6 A2, Duncan's Landing/96-8-PDR/96-6-ZC, Duncan Lane n/o State Street A7, DR -33-96, 2207 Overland Road, Commercial Print Shop 7 A7, DR -33-96 (Continued) A8, Preliminary Plat, Ballantyne-Troutner Busi- ness Park/MPP-2-96 Director's Report Request for Change of Date for TCI Cablevision Request for Work Session, April 24, 1996 8 Director's Report (Continued) Request for Work Session (Continued) Request for Work Session, April 10, 1996 Miscellaneous Discussion Objection to Access Through Lexington Hills from Oxford Court Subdivision Meeting with Garden C.ty Signatures Commission Meeting - April 3, 1996 Page 2 RECOMMENDATIONS FOR 1996 NEIGHBORHOOD ENHANCEMENT PROGRAM - Steve Spickelmier explained the recommendations for the Neigh- borhood Enhancement Program for 1996 submitted to the Commis- sioners in his memorandum dated March 25, 1996, (copy attached) and explained the reasons for those recommendations. He fur- ther explained the revisions made to those recommendations on his memorandum dated April 2, 1996, (copy attached). He recom- mended approval as submitted on the April 2, 1996 memorandum. Commissioner Eastlake congratulated staff for their extraordi- nary effort in this project and appreciated their effort to require citizen participation in the process. The other Commis- sioners agreed. Commissioner Bruce moved to approve the Neigh- borhood Enhancement Program as submitted on the April 2, 1996, memorandum written by Steve Spickelmier. Commissioner Eastlake seconded. Motion carried unanimously. APPROVAL OF MINUTES AND MINUTE ENTRIES, MARCH 20, 1996 - Commissioner Eastlake moved to approve the minutes and minute entries for March 20, 1996, as written. Commissioner Bruce seconded. Motion carried unanimously. IMPACT FEE APPEAL, TCI CABLEVISION - Larry Sale explained the unique labor shift procedures that TCI plans to use which would reduce the peak hour traffic that would be generated by the building being developed. He stated that the District applauds TCI for using the shifting, but staff and the appellant have a difference of opinion of how much the impact fee should be. He further expressed the concern of staff, if the special shifting can't be done or if more people use the facility than TCI ex- pects, that the District will not have collected sufficient impact fees to provide the needed improvements. Much discus- sion followed concerning the formulas for impact fee calcula- tions and establishing the Highway District values on an annual basis to be included in the formula. Mr. Sale stated that staff recommendation is that the impact fee for the TCI build- ing be established at $44,000, to be deposited at this time; with the understanding that the Highway District will begin measuring the traffic generated after a month of occupation, for two years; and that an accounting be made after that time to provide for a refund of overcharges or collection of any fees that should have been charged. The recommended fee is the one which was calculated based on 1,000 employees. He further explained that the required fee would be $8,700 if 465 employ- ees were employed. Much discussion followed concerning how to proceed and when to start measuring the traffic, with Commis- sioner Eastlake suggesting that the timing start as soon as the 465 employees are in the building. Much discussion followed concerning the methods for calculating the impact fees. Commis- sioner Eastlake commended the applicant for introducing method- ology that provides that their development doesn't burden the system during peak hours. Larry Sale pointed out that if the methodology is agreed upon, that an agreement can be reached Commission Meeting - April 3, 1996 Page 4 Appeal, AA -15-96, NEC, Maple Grove/Holbrook (Continued Much discussion followed concerning the proposed project and the need, or lack thereof, to uphold staff recommendations. Commissioner Eastlake moved to deny the applicant's appeal of the staff level approval and uphold the staff requirements shown on the staff report dated March 28, 1996, (copy attached) including the recommendations shown on page 2. Commissioner Bruce seconded. Motion carried unanimously. APPLICATION PREVIEW EAGLE COLLECTOR ROAD - Larry Sale point- ed out that this matter is before the Commission as a discus- sion item; staff is not requesting that any action be taken at this time. He explained where the site is located, the reasons the alignment has been chosen for this area, and the request by the City for a better roadway system in this area. He further noted the considerations given the area when Albertsons was in the process of developing their site and the lack of informa- tion available at that time. He further explained the actions that will need to take place prior to any action being taken on this application. Much discussion followed concerning the area in general, the need for a route somewhere through the undevel- oped ground, and how this route compares with the Eisenman Road area. Morgan Masner, 3168 South White Post in Eagle, Eagle City Coun- cilman, stated that they believe this particular road improve- ment is vital to Eagle; they need to start building a grid system to cope with the growth that is occurring. It is not their desire to render the parcel so it can't be used and won- der if it might be wise to table this issue for a short period of time so the City can negotiate with all the parties involved to more fairly share that right-of-way, and to meet with the applicant to explain the City's future needs and plans. The City agrees with the approximate alignment as proposed in the Study provided by CH2M Hill and presented by staff. Tom White declined to speak when called upon at this point in the meeting. Mike Wortman also asked to speak later in the meeting. Bill Webster, 5257 Fairview Avenue, representing the developer and applicant, Edge Development, stated that the taking of the land for the road section proposed would cause a severe hard- ship; it would damage their project beyond recovery even for 1/2 the roadway. They estimate that they would not be able to proceed with the project if they lose the 80 -feet. They oppose the road and have reviewed the study and do not see how the road benefits anyone. He explained the area that is already Commission Meeting - April 3, 1996 Page 6 Application Preview, Eagle Collector Road (Continued Commissioner Huber indicated that there does need to be further discussion between the parties involved. Larry Sale suggested a process for proceeding by deferring action on this applica- tion and recommended that the City defer action until the City and Highway District have made a decision regarding this route and to instruct staff to establish a date for and hold a public information meeting regarding this roadway as soon as possi- ble. Much discussion followed concerning the process and the ability of the District to establish new roadways. Mr. Masner stated that the City's main concern with this parcel is that it is key to establishing a grid that is needed in Eagle and they want to protect a roadway between 2nd and Eagle Road; they want to have it located so it can be signalized. So it's a real critical piece to establish what they want to do in the future; this is a good first start. After further discus- sion, it was suggested that meetings be held with the City, developers, and property owners to resolve both the location for an east/west roadway and this application as quickly as possible. Commissioner Brucemoved to direct staff to move forward in this matter as expeditiously as possible. Commis- sioner Eastlake seconded. Motion carried unanimously. A2, DUNCAN'S LANDING/96-8-PDR/96-6-ZC, DUNCAN LANE n/o STATE STREET - Commissioner Eastlake expressed her concern with the roadway dimensions and whether those dimensions will allow for bike lanes on Duncan Lane in the future. Larry Sale explained the proposed project; that the street is currently a local street; and that the staff report is prepared to allow for as many options in the future as possible. It may become a collec- tor street at some point in time. He stated that he believes the action recommended goes as far as we can to recognize the future possibilities without giving up any options. Commission- er Eastlake was concerned that what is proposed in the staff report eliminates the ability to have a bike lane on Duncan at any time in the future. Larry Sale explained how the bike lane could be worked in, if required in the future. Much discussion held concerning the need, or lack thereof, to require dedica- tion of right-of-way from this developer. Terry Little pointed out that the center turn lane could be deleted in the future. Commissioner Huber pointed out that she believes the options are being left open and moved to accept the staff recommenda- tions, as submitted. Commissioner Bruce seconded. Commission- er Eastlake abstained from the vote. Motion carried. A7, DR -33-96, 2207 OVERLAND ROAD, COMMERCIAL PRINT SHOP - Larry Sale presented the staff report and explained the pro- posed expansion of an existing print shop. The question is whether we purchase right-of-way for a 90 -foot roadway at this point, which would eliminate the business expanding; or if we only require what is proposed in the staff report, and need Commission Meeting - April 3, 1996 Page 8 Director's Report (Continued) Request for Work Session, April 24, 1996 (Continued) discuss mid -year budget adjustments. The Commissioners agreed to meet on April 24, 1996, at 5:30 p.m. Request for Work Session, April 10, 1996 - Jerry Nyman re- quested a work session for April 10, 1996, at 5:30 p.m., to discuss a proposed policy and ordinance for sidewalks. The Commissioners agreed to meet on April 10, 1996, at 5:30 p.m. MISCELLANEOUS DISCUSSION Objection to Access Through Lexington Hills from Oxford Court Subdivision - Tom White, 1725 E. Highgate Court in Eagle, stated that they are fighting a holding action with a developer who wants to put in a development next to Lexington Hills. If something comes up on the Oxford Court Subdivision accessing through Lexington Hills, the homeowners are definitely against it. They are opposed to allowing the traffic pattern through. Lexington Hills and request a separate access to be developed. They are very concerned about this and the City is very aware of that concern. Commissioner Eastlake pointed out that the District has already reviewed the Oxford Court Subdivision and the actions taken by the Commissioners. Larry Sale explained the requirements for future access out of Oxford Court Subdivi- sion. Mr. White distributed a memorandum for the record and file stating their thoughts and concerns (copy attached). Meeting with Garden City - Commissioner Eastlake thanked Jerry Nyman and the staff who attended the Garden City work session; it was a very productive meeting. She stated that she does believe the meetings will be worth the efforts of staff. Commissioner Bruce moved to adjourn the meeting at 2:20 p.m. Commissioner Eastlake seconded. Motion carried unanimously. James E. Bruce, Secretary as Sherry R. Huber, President ERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 9. 1996 2PLICANT: JIM BALLANTYNE AGENDA ITEM NUMBER: 4 :QUEST: PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK AGENCY ... fY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. JAMES H- BALLANTYNE 10250 WHISPERING CLIFFS DRIVE BOISE, IDAHO 83704 (208) 375-1966 Mr. Bruce Freckleton, Assistant to City Engineer Ms. Shari Stiles, Planning and Zoning Administrator City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 RE: Ballantyne-Troutner Business Park Dear Mr. Freckleton and Ms. Stiles: 11 March 1996 RE`—P—\\,Er— ;c3ac Circ' OF MERIDIAN I have reviewed your staff comments memorandum dated February 9, 1996, pertaining to my Business Park, Preliminary Plat application. In accordance with your General Comment #12, I am responding to each of your continent items in this letter. I have also enclosed ten copies of the revised Preliminary Plat map as you requested. By way of information, let me update you on several items pertaining to this development property. Right now we are exercising our one-time lot split in the County to create a one acre parcel at the Franklin Road entrance to our property. This one acre parcel will allow the United States Department of Agriculture (USDA) to construct their new Meridian office building on the land parcel shown as Lot 1 Block 1 of the Ballantyne-Troutner Business Park. USDA needed to construct their new office within this Fiscal Year, so we are proceeding with Ada County approval right now. When we Final Plat Phase One of the Business Park, the USDA parcel will be incorporated into the Plat as a lot and block. The revised Preliminary Plat map which you now have shows the configuration of the current USDA parcel as lot 1, block 1. The dimensions of the USDA parcel will not change in the platting process. We feel fortunate to have the new Meridian USDA office building at the entrance to the Ballantyne-Troutner Business Park. This quality office building will set a nice tone for the Business Park. Also, two weeks ago, I hired Dobie Engineers to complete a traffic study for our project as requested by Ada County Highway District (ACRD). I have also submitted a Request for Proposal (RFP) to various engineering firms asking them to provide engineering services for design plans, final platting and engineering assistance. We should have an engineer working on our project very soon. In the meantime, I have asked Wayne Forrey to continue processing our Preliminary Plat application and wrap everything up with the Preliminary Plat before we turn it over to our engineer. I feel we are making good progress and my partners and I certainly look forward to developing a very good business park in Meridian. Here is a response to each of your comments: General Comment The Preliminary Plat does state "Variance needed to maintain open flow of Eight Mile Lateral". We understand that a variance application is needed and we will be submitting a variance to 11-9-605M Ballantyne Page 2 of 4 to allow the Eight Mile Lateral to remain open flow, if our engineering analysis shows justification. We met with Mr. John Anderson of the Nampa -Meridian Irrigation District on 23 February 1996 and we learned that the District does not object to relocating or tiling this canal. Our engineers will evaluate this canal relocation and covering issue. All other ditches will be tiled according to 11-9- 605M. 2. We agree with General Comment #2 and we will comply with 5-7-517. 3. Part of the Scope of Work for our engineers is analysis of seasonal high groundwater, drainage analysis and soils testing. As soon as our engineers are hired and working, we will provide this information to the City with the development plans. 4. We do not have covenants prepared at this time. Our real estate representative, Mr. Michael Ballantyne, will assist in preparing these covenants. We will submit covenants to the City as soon as possible. 5. We agree with Comment #5. The Preliminary Plat indicates that all roadways will be ACRD standards with 5' sidewalks. 6. We agree with Comment #6. Please let me know what type of information you need from me to conduct your hydraulic analysis. 7. We agree with Comment #7. Please let me know what type of information you need from me to conduct your computer model analysis. 8. We have requested the approval letter from the Ada County Street Name Committee. Their comments will be forwarded to the City of Meridian. 9. We agree with Comment #9. I will instruct our engineers to work out the proper locations prior to street and utility designs. 10. The Preliminary Plat indicates "No FEMA Floodplain on Site". We do not have a floodplain boundary on this property. 11. We agree with Comment #11. Our engineers will prepare this plan for City, ACRD and NMID review and approval. 12. This letter constitutes the written response asked for in Comment 912. Ten copies of the revised Preliminary Plat Map have been submitted to the City Clerk's office. Site Specific Comments The Preliminary Plat does in fact show the legal location of the access easement through the N & D, Inc., property. We now understand that N & D, Inc., wants the easement adjusted and moved to the north by 32.98 feet. We do not object to moving this 50' road access easement to the north by 32.98 Ballantyne Page 3 of 4 feet to accommodate N & D, Inc. By moving the easement north by this amount, we also line up with the access road into the Thomas property on the East side of Meridian Road. The revised Preliminary Plat includes the adjusted access easement as requested by the City and N & D, Inc. We have previously provided a signed, notarized consent to annex by Mr. Fuller of N & D, Inc. Please refer to our annexation file. The revised Preliminary Plat also describes the boundaries of the proposed zoning designations. I will ask our Engineers to prepare a perimeter legal description for each of the two requested zones (L -O and C -G) in our business park. As soon as these updated perimeter legal descriptions are prepared, I will see that you get copies for your annexation file with the City Council. 2. We agree with Comment #2. Mr. Wayne S. Forrey has previously met with Mr. Gary D. Smith, City Engineer, to review the off-site sewer routing in Franklin Road and continuing behind Gieslers Auto Repair. We understand that we will have to build a sewer main in Franklin Road to service the north portion of our business park. 3. We agree with Comment #3. 4. The revised Preliminary Plat now shows the 50' road access easement connecting Meridian Road with SW Third Street. This connecting roadway (Pennwood) will be constructed to ACRD, C3 -NP - 50 standards which is a two lane collector, no on -street parking with 5' sidewalks on both sides. We cannot construct a 60' roadway standard here because our legal easement is only 50' wide. ACRD tells us that by using the C3 -NP -50 standard, we can accommodate business park traffic within a 50' roadway easement. So, we respectfully request that the Pennwood connectors be approved at 50' ROW. All other roads will be 60' ROW as shown on the revised plat. We respectfully request that Phase One development of the Business Park be allowed with only one access road. Our first phase (Final Plat) will involve lots 1,2,3, and 4 of Block 1. This phase will include four lots and be about 600 feet deep from Franklin Road. With development of the second phase (all of Block 4 and a portion of Blocks 1, 3 and 5) we will extend SW 5th Street south, over the canal and connect with Pennwood Street for our second access. Phase Three development will most likely include the balance of the Park and give us up to five access points at buildout. The USDA building is already in the County development approval process, so it would be developed prior to final platting by the City. We agree that Lot 10 Block 1 has awkward access. The revised Preliminary Plat now shows 40' street frontage with adjustments made to adjoining lots. We agree with Comment #5. The revised Preliminary Plat shows the requested information 6. We agree with Comment 96. Our engineers will provide this information to the City, ACl D, and NMID for review and approval. 7. We agree with Comment #7. Ballantyne Page 4 of 4 8. We agree to provide ItmUQrary turnarounds as specified by ACHD. We are proposing a permanent turnaround at the terminus of Barrett Street in a hammerhead configuration. This hammerhead design is subject to ACHD approval. 9. We agree with Comment #9. The revised Preliminary Plat shows this information. 10. We propose to relocate the Eight Mile Lateral as shown on the Preliminary Plat. The canal will be left open just like it is right now on the south side of the Hope Arms development. The relocation procedure has been approved by AMID (23 Feb 1996). We will follow NMID design specifications for canal relocation and 90° bends. Our engineers will prepare the Variance for Tiling application and submit this to the City prior to Final Plat approval. We will construct security fencing along the canal. Hope Arms has constructed a secure chain link fence along their South boundary next to the Canal. This chain link fence continues along our common property boundary. 11. We agree with Comment #11. It is our intent to develop a pressurized irrigation system and have it available to lot purchasers for irrigation use. We intend to contract with the NMID for ownership and maintenance of this pressurized irrigation system. We have discussed this arrangement with NMID officials (23 Feb 96) 12. We propose to construct permanent perimeter fencing for each Final Plat phase of this business park. The fencing will be a combination of chainlink in some areas and wood in other areas. We propose a 35' permanent landscape area along Franklin Road plus a 35' landscaped buffer area along our common property line to Franklin Square Subdivision. We will also construct a 5' landscape strip and screen fence along our common west border with Henkels McCoy Contractors. The covenants will provide more information on fencing and landscaping. Also, we have previously agreed that all uses will be subject to CUP processing so this will give the City greater control over site specific items such as fencing and landscaping. We have also agreed that the property next to Franklin Square subdivision be zoned as Limited Office (L -O) to provide a low impact professional office buffer to the residential properties. Our neighbors support this office buffering technique. 13. We agree that all uses proposed for the plat are to be approved under the CUP process. We have not requested or applied for planned development. We do not want or agree to planned development procedures. Thank you for the opportunity to provide clarifications and comments to the City of Meridian. If you need additional information please contact me at 375-1966 or Wayne S. Forrey, AICP at 362-9345. Thank you! Sincerely )James'H. Ballantyne rn 0 • ^y o v N o «"�+ Ev (+i d W 21 ,p a o .5 O o -9. f0 a v V m 5 r6 vi � n : m � . A y � Con 00 o o' o W .9 ova W Rl y 1 y 3a CI Uoa W`o u$xPx o a ;a N m Co O j o - I p a3 no m °o S ep u W w - z° w .� 3 O .�:v� Z£'Z91 - �r'�w` c�O�cSlj-Z 6L 9111 O o 1 N a • .--r �• . 65 n O Ct N ^ U �!Wu •v;ir >;,ru":arN.[ U a+ I i;' CCi Di 35 mC7 0 ._ r-- w� I ow j r Jnlo. n Ir. N o 5 •o cc ( j M N m Ito Gub-- cd FC `.a O 0.9 v O C7 Cq L0 A U a3MON y 72 C U 03 7Z£56 6t i .061 -�- --- ! _ ,.. - < I i O Gb C%4 cn r i .VO I t�v ! ! : O ! ! m \` y : ! _ --......-.L.... I Cs � -" _ r - y r y - - -< - - - -- i? A I (JL£1Y Jn « I - I I� C ^ to C7 M. j,... I 1 `v J m CV i OtF cn J m j i yI I ii SZr. v �r3 i c o.,--7 :1 /. ,9E �' :'-- ESS? 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Ballantyne 10250 Whispering Cliffs :a1re oise, D " 4 i FROM: nGallagher, oordinator Development Services Division SUBJECT: Preliminary Plat-Ballantyne-Troutner Business Center Park Franklin Rd and Meridian Rd On April 3, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District. or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 April 5, 1996 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc„ Development Services Chron John Edney Chuck Rinaldi Wayne Forey Dobie Engineering City of Meridian ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat - Ballantyne-Troutner Business Park Franklin Rd west of Meridian Road MPP -2-96, Meridian Ballantyne-Troutner Business Park is a 39 -lot commercial/office subdivision on 38 -acres. The site is located on the south side of Franklin Road approximately 1/4 -mile west of Meridian Road. This development is estimated to generate 5,900 additional vehicle trips per day based on. the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Franklin Road Meridian Road ACHD Commission Date - April 3, 1996 - 12:00 p.m. ine SITE Franklin ft en Ui n or H o er CS 4 184 E Overland is SAUAM*4C--M&w4mNvR BUSINESS IN, ARtc. tifrA"Id+ ` .....� R 0t pit R• i ...... 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General Information C -G, L -O - Existing zoning 38 - Acres 39 - Proposed building lots 0 - Square feet of existing building 3,500 - Total lineal feet of proposed public streets (approx) 280 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Minor arterial with no pathway designation Traffic count 10,242 in 1990 238 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. C. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38 -acre mobile home park on this site. That application was not approved by the City of Meridian. On August 2, 1995, the Commission reviewed an annexation with rezone from R14 & RT to C -G & L -O (MA -1-95) to allow office and general commercial development on the site previously considered for a mobile home park. D. A traffic study has been submitted with this application. Staff has incorporated portions of the traffic study in this report. E. Access to the development is proposed by street connections to Franklin Road and Meridian Road. The site has a 50 -foot wide by 533 -foot easement to Meridian Road located approximately 210 -feet south to Gem Street, but the site does not have any actual frontage on BALLANTY.WPD Page 2 Meridian Road. A street is proposed on this easement between Meridian Road and SW 3rd Street. Two stub streets extend to the site's west boundary from Franklin Square f Subdivision. The applicant proposes to extend the southern stub, Pennwood Street, and construct a hammer -head turnaround at the northern stub, Barrett Street. Two stub streets are proposed to the south boundary of the site and may intersect with an extension of Corporate Drive in the future. Corporate Drive extended west of Meridian Road was recently approved for inclusion in the Capitol Improvement Plan by the Commission; however, it is not listed in the District's. Five Year Work Program. F. The north -south internal street that connects to Franklin Road (SW 5th Street) is proposed with a 60 -foot right-of-way. The remaining streets are proposed to have right-of-way widths of 50 -feet. The District's standard right-of-way width for commercial streets is 58 -feet wide to accommodate a 41 -foot street section with 5 -foot wide sidewalks. Staff recommends that all streets within this development be constructed to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. Pennwood Street along the 50 -foot wide easement (Meridian Road to a point 533 -feet to the west) may be constructed to a 41 -foot street section with a 5 -foot wide sidewalk on the north side. The north right-of-way line of Pennwood Street between Meridian Street and SW 3rd Street should be in a straight line; 8 additional feet of right-of-way will be dedicated on the south side in the future to total 58 -feet. G. The parcel has 238 -feet of frontage on Franklin Road. SW 5th Street is proposed to intersect Franklin Road along the west boundary of the site. This location does not align with either of the driveways to Hoff Forest Products on the north side of the road. The Hoff development is estimated to generate 625 vehicle trips per day. Staff recommends that SW 5th Street be relocated to align with the main entrance to Hoff's, or SW 5th Street be located as proposed and the driveways to the Hoff site modified/combined to align with the SW 5th Street or offset as required (with the consent of the Hoff Company), with the applicant providing a deposit to the Public Rights -of -Way Road Trust Fund for the cost of relocating the Hoff driveways. Staff recommends that any realignment of the Hoff driveways be incorporated into the reconstruction of Franklin Road, currently scheduled in 1998. H. The submitted traffic study did not include a warrant analysis for a traffic signal at Franklin Road and SW 5th Street. Staff estimates that a traffic signal will be warranted at full build out of the proposed subdivision. Staff recommends that the applicant or developer be required to complete a signal warrant analysis for this intersection, and if warranted the signal will be paid for by the applicant. The warrant analysis should be completed prior to the District's approval of the final plat for the first phase, and if a signal is warranted the applicant shall be responsible for the entire cost of the signal. The cost of the signal should be deposited with the District prior to approval of that final plat that includes the last of the subject parcel to be developed. I. Franklin Road is scheduled in the District's current Five Year Work program for reconstruction in 1998. Staff recommends that the applicant be required to provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot BALLANTYMPD Page 3 wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Prior to the District improving Franklin Road, a left -turn deceleration lane will be needed on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. Staff recommends that the deceleration lane be required based on the criteria from the Institute of Transportation Engineers Transportation and Land Development handbook. J. Meridian Road from Franklin Road to East lst Street is scheduled to be improved by the District in the current Five Year Work Program in FY 1998. A traffic study to determine the necessity of the Meridian/E. 1st Street couplet is scheduled in the District's current Five Year Work Program in FY 1997. Staff recommends that the applicant be required to provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Staff recommends that a left -turn lane be required on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. K. The extension of Pennwood Street from the site's west boundary to SW 5th Street will provide a street connection between the residential development to the west and the commercial/office development of Ballantyne-Troutner. There are 342 residential lots included in the area bounded by the site's west boundary, Linder Road, Franklin Road, and the Ten Mile Creek. The extension of Pennwood Street is desirable because it improves inter -connectivity and provides the residents with additional travel routes. Staff supports this connection. However, staff is concerned that the traffic volumes on Pennwood Street may exceed 2,000 vehicle trips per day because of the possible connection of Pennwood Street to Meridian Road via SW 5th Street and Corporate Drive extension that would be convenient since it would match the desired travel path for many of the residents. Staff recommends that SW 5th Street not be stubbed to the south boundary and that a connection to Corporate Drive be maintained via the extension SW 3rd Street. This change to the proposed street layout will maintain the needed access for the Ballantyne-Troutner project to Corporate Drive extended/Meridian Road; it will maintain the residential access from Pennwood Street to Franklin Road; and the design will be indirect enough to minimize the potential for cut through traffic between the two areas. L. Staff recommends that driveways to the individual lots maintain 50 -feet of separation from near edge to near edge with the driveway widths not exceeding 30 -feet. Shared driveways are encouraged. M. Staff recommends that access to Lot 1, Block 1, be restricted to a driveway on SW 5th Street a minimum of 175 -feet south of the future back of curb on Franklin Road. The 175 -foot offset is the minimum allowed for a driveway on a collector road from a controlled intersection. Although SW 5th Street is not classified as a collector street on the Functional BALLANTY.WPD Page 4 Classification Map, the estimated traffic volumes of 5,900 vehicle trips per day justify using the collector street offset. N. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. O. This application was heard by the Meridian Planning and Zoning Commission. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 3. If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to taper. 4. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 5. If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 6. Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. Pennwood Street from Meridian Road to a point 533 -feet to the west shall have a minimum right-of-way width of 50 -feet either dedicated with the final plat or through a separate warranty deed and may have a 5 -foot wide sidewalk only on the north side. BALLANTY.WPD Page 7. Barrett Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb, gutter, and sidewalk. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. 8. Pennwood Street shall be extended from the west boundary to SW 5th Street. Pennwood Street shall be constructed from SW 3rd Street to Meridian Road. 9. SW 5th Street shall = be stubbed to the south boundary of the site. 10. SW 3rd Street shall be stubbed to the south boundary with a temporary easement for a paved turnaround. 11. Access to Lot 1, Block 1, shall be restricted on SW 5th Street a minimum of 175 -feet south of the future back of curb on Franklin Road. 12. Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet. 13. Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited. " 14. Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road, KS Locate SW 5th Street as proposed 5 -feet east of the west boundary and modify the driveways to the Hoff site to align with the SW 5th Street or, with the consent of the owners of the Hoff Company, offset as required by the District (150 -feet centerline to centerline), and provide a deposit to the Public Rights -of -Way Road Trust Fund for the cost of relocating the Hoff driveways. The applicant shall provide the District's Plans and Survey Division a copy of any realignments of the Hoff driveways in the reconstruction plans for Franklin Road, currently scheduled in 1998. 15. Provide a cross access easement to the abutting parcel at the southwest comer of Franklin Road and SW 5th Street. 16. Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of that final plat of the first phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 17. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. BALLANTY.WPD Page 6 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each ren»irement to be reconsidered and include a Written explanation ofof why sucha requirement would result in a substantial.hardship or in qui y The written request shall e submi tot i ri t no la r than 9 00 monthe day scheduled for C0mmJssiQaAqi= Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration hall pecificaI identify each requirement to be reconsidered and include Written dOCnmentatinn of data r},or was not available to the commission at the time of its original decision_ The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. 4. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cut in roads paved within he last five years will no be allowed unless approved y the Distr;cr p mission Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). BALLANTY."„TD Pace 7 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps. on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Any portion of a street which is required by the District to be designated as "no parking" shall be posted by the installation of standard "no parking" signs. A signing plan shall be sealed, signed and dated by a Registered Professional Engineer and submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the signing plan approval shall be completed prior to issuance of a building permit (or other required permit). 17. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall BALLA4NW.WPD Page 8 be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20E -feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 18. Submit three sets of street construction plans to the District for review and appropriate action. 19. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 20. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 21. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 22. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 23. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 24. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. 25. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. BALLANTY.WPD Page 9 Ir ** EgHOFF FOREST PRODUCTS M `, ; 4 z., March 13, 1996 Mr. Larry Sale Ada County Highway District 318 E. 37th Boise, ID 83714 Dear Larry: This letter is to confirm our telephone conversation today and our previous conversation that we had in mid-February regarding the proposed Ballantyne-Troutner Business Park and the location of their proposed access to Franklin Road directly across from our property at 420 West Franklin in Meridian. I met with Wayne Forrey and Jim Ballantyne in February, at their request, to discuss their proposed access and to discuss the impact of a future traffic signal on Franklin Road in an effort to determine a mutually agreeable location for the traffic signal in relation to our property entrance and their property. Their position at that time was to locate their proposed access in a location that would not negatively impact our traffic flow. We did not agree on a location. At the Meridian Planning and Zoning Commission meeting held last Tuesday, March 12th, Wayne Forrey presented the plot plan of the proposed Ballantyne-Troutner Business Park. During his presentation, Wayne stated that the U.S. Department of Agriculture had already committed to a lot, shown on the "proposed" plat plan, directly across Franklin Road from our entrance. If this was done, it was with disregard for a "mutually agreeable" entrance location. I don't understand how this could happen while the preliminary plat is stili in the "proposed stage7°. I believe that we are still the largest private employer in the city of Meridian with approximately three hundred employees that use our existing entrance on Franklin Road. In addition to this vehicle traffic, we ship and receive an average of eighteen semi -trucks of material per day. With vendors, suppliers, visitors, and other support required, we have a steady flow of traffic at this entrance. There is no question that a future traffic signal would have a positive effect if located at our entrance and a very negative effect if located in the immediate area without lining up with our driveway. Our main concern is for the safety of our employees and other traffic at this location. 420 West Franklin P.O. Box 490 Meridian, ID 83680 Telephone 208-888-6798 Fax 208-888-5031 Toll Free 800-574-6798 A Division of Hoff Companies, Inc. e co ADA COUNTY DEVELOPMENT SERVICES 9TH- 650 Main, Boise, Idaho 83702 OF BUILDING DIVISION — Phone: (208) 364-2277 PLANNING & ZONING — Phone (208) 364-2277 DATE: March 12, 1996 TO: Ada County Utilities _X_Assessor Idaho Power X_Huilding Division Intermountain Gas U.S. West _X_Engineer Parks Dept./Donna Griffin Water Co. Zoning Division/Mapping G.I.S. Solid Waste Mgmt./Dave Neal Other Agencies Ada Planning Assn/Ross of Land MMageient _X—Air National Guard Boise Fire Department Boise Airport Director —XL Fire District Boise Planning 6 Zoning --Meridian Chevron Pipeline Boise Public Works Northwest Pipeline X_Bureau of Reclamation _X_Ada County Highway District _X_Boise Project Board of Control X Idaho Transportation District X Nampa -Meridian Irrigation District > School District Drainage District X ity of Meridian Sewer District U.S. Post Office District Health _X_Central U.S. Soil Conservation Dist. FROM: Bob Unger /Planner III ,ot,1�d � 1r ��IC��r RE: 96 -18 -CU THE NORTHROP CO., INC. Ada County Development Services Department has received an application for a conditional use permit to construct a 5,248 sq. ft. office building to be used by the U.S. Dept. of Agriculture. The property contains approximately one acre and is located 1/4 mile west of the intersection of Franklin Rd. and Meridian Rd. on the south side of Franklin Rd.; in the NE Quarter, Section 13, T.3N R. IW. This application is scheduled for public hearing by the Planning and Zoning Commission on April 25, 1996 in the Les Bois Room of the Boise City Hall, 150 N. Capitol Blvd. and is scheduled to begin at 7:00 p.m. Please submit your comments, on Agency Letterhead. by April 11, 1996 (make specific reference to the File No.). A non -response shall be considered as "No Comment". ATTACHMENTS: Applicant's Statement Site Plan Vicinity Map Land Use Application ti M qo.91 .44 V M 'Jb •/ •F .. m h _ Nt r- 'i �P I ks va 1 I _ LO CD N M o 1sanHhA� U) 1 ro A (D w - (O ui N N V- O F O j N N Q; M N Z 1d A3N8V3H I ca �, I _ o Ia N ,n _ p ct i? -r✓ -'- OD N N �t — a 2 '3 AV. HIL 1S3MHinos i- NJ -C t0 co Z o AA a 013131(10 LN f 1. c N NOO 3AV AA i. '1010 ®N .F N N M1 tf h •- _ W 650 Main Strew ADA COUNTY DEVELOPMENT SERVICES X1110ti Boise. ID 8.3702 LAIND USE APPLICATION w _ (208) 364-1-277 = -_ TNSTRUCTIONS 1. Submit detailed letter explaining application. 9T " ?. 8'h" x 11" SCALED SITE PLAN SHOWING ALL STRUCTURES.- F �c 3. 8'/:" x 11" aerial of site. (This may be obtained from the APA Mapping Division, 3rd Floor, 650 Main. Boise) 4. Submit I" =:300' scale zoning map. (This may be obtained from the APA Mapping Division, 3rd Floor, 650 Main. Boise) (Please outline and/or highlight your property in cuestion and indicate North on aerial and zoning maps). 5. Submit evidence of proprietary inters . (This may include a Title Policy showing interest, Land Sale Contract showing interest, Recorded Warranty Deed showing interest, Option to Purchase, Leased Hold, Earnest Money Agreement.) 6. Submit proper fee. (All zoning fees of 5100.00 and over require payment in either cashier's check or cash.) i. Applications are due on or before the 1st & 3rd Monday of the month by 11:00 a,m. 8. ALL APPLICATION COPIES SHALL BE COLLATED. 9. INCOMPLETE APPLICATIONS `VILL NOT BE ACCEPTED. 10. Required Neighborhood Meetings are to be held by the applicant 14 days (minimum) prior to public hearings. APPLICATION FOR: (Check One) Appeal (Admin. or P&Z) Comprehensive Plan Amendment XXConditional Use forQuasi-Public Office Group Day Care Home (7-12)) H.O. B.Uilding Group Day Care Center (more than 12) C.U. Home Occupation Lot Line Adjustment One Acre Split _Planned Development Private Road Rezone: From to Sign Special Exception Subdivision Plat Temporary Living Quarters Traffic & Development Plan _Variance Zoning Ordinance Amendment _Zoning Certificate/Inquiry Other SITE LN'FORMATIOti: Location: Quarter NE-,! Section 1 3 Township 3N Range 1 W Total Acres: 1 Acre (aprox . ) Subdivision Name: N/A Lot _N_1A_ Block N/A Site Address: 475 West Frankiin Road Existing Land Use: Vacant Zoning: R14 Tax Parcel Number 512131 ONNrNER OF RECORD: Name: Address: Ispering Clifts Drive Cir\,: Boise State:_ID_Zip: $ 704 Telephone: 208-375-1966 APPL.ICAN'T: Name:_Thp Narthrflp ('_mmpany, Tne. Address: 363 Bunset Drive P O Box 735 City: Arco Stater -Zip: 83213 Telephone: 208-527-3979 I consent to the submission of the application accompanying I hereby certify that information on this form is statement. c to a s, t Qf my wle Qe. z/ t azure: (Owner of Record) gnature: (Applicant) (revised 6.0i) OFFICE USE ONLY I F?LE NO. I � _ FEES PL�I�tiER. .I Date Accepted: Hearing: P&Z BOCC STAFF: Zoning: Area of City Impact: U.S.P.A.: X -Ref. No.: ; Posted: Lag_ History Map Work in Progress Stampedwi ! i, Airport Hillside Flood Zone Greenwav Pipeline Wildlife Southwest (Groundwater Studv) March 4, 1996 Ada County Planning & Zoning Commission Joyce Ann Fick, Chair 650 Main Street Boise, ID 83702 Dear Commissioners: Please find attached my application for a conditional use permit. The property for which I am requesting this conditional use is located in unincorporated Ada County on the south side of Franklin Road 1/4 mile west of the intersection of Franklin and Meridian Roads. Please see attached map for exact location. The subject property lies in a County R-14 zoning. The subject property is currently unimproved. The intended use of the subject property, upon receipt of a conditional use permit, is as the site of a U.S. Department of Agriculture office building. Based on discussions with Development Services Staff, I understand that a quasi -public facility is allowed in an R- 14 zone with a conditional use permit. The subject property is scheduled to be included in a future application for annexation into the City of Meridian, along with adjacent property to the west and south. It was my intent to have the subject property annexed and zoned to allow the USDA's use, however, the short timetable required by the USDA requires that we apply for the conditional use permit through Ada County. We cannot gain annexation and plat approval through the City of Meridian until Fall, 1996. Therefore, we are proceeding with a CUP request in the County so the USDA facility can be constructed in this fiscal year (1996). Upon approval of our future annexation and platting request by the City of Meridian the subject property will lie within a 34 acre business park. I have attached all information required for this application. I respectfully ask that you grant this conditional use request. Very truly yours, ia/VW_/[ Donald Northrop attachments s. W. 5th street �rZA ,A • N OZ - F A ' �b� O" -- 240 � - •(6)PA¢KIN4 SSM^t3 • S� 01 � e9 _ o 1 . aI � .v. G w � • % ,-min\sI(I IIf \ � / n � °' � s. / p� O _ O O N d _ li-v P j� ort_. g s Y tt -VI ,6'-p" !c,)YP,Kul4 'hi'13 4 43'-0'= I'.D'-o" CC . m €NIg w �€p-i oar VU �' ARCHITECTM-NEH PROJECT NO. 96Q% 9 aA3� 110 OVE OWEN WRIGHT SCANLON FSA MON. onre P.O. BOX 3080 MERIDIAN, IDAHO a HAIL-. IU 83333 3 Q me.Wuw Meridian Planning & Zoning Commission March 12, 1996 Page 20 (inaudible) we are not going to ignore it and just put it out of mind and let it be messy, we have to work with those amenities. That is our concept, it might change because the irrigation district, they are kind of tough to deal with, but we are going to try. Hepper: Any other questions? Thank you, this is a public hearing is there anyone else that would care to testify? If not I will close the public hearing, this requires findings. Shearer: Mr. Chairman I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Hepper: It has been moved by Commissioner Shearer, seconded by Commissioner MacCoy to have the attorney prepare findings of fact and conclusions of law Oslund: Can we have some discussion on that before we take a vote? We can have discussion on a second right. I guess instead of waiting until the next meeting I would like to see in the conditions that barrier be placed at the property of this development rather than way over there by the rail road tracks. That would the only thing I would like to see in there Crookston: The south boundary of this project? Oslund: That is correct, and maybe, I don't recall what the distance was or the width of that landscaped area but in addition to that wall possibly a six foot wall combination with a berm or something. Hepper: Do we need to amend the motion? Okay, we have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING CONTINUED FROM FEBRUARY 13,1996: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Hepper: Is there a representative? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission, Jim is a good friend, met him Meridian Planning & Zoning Commission March 12, 1996 Page 21 many years ago. He has owned this property in Meridian since 1971, it is on West Franklin Road, if you visualize Hoff Lumber or Hinckels McCoy, Meridian Veterinary, it is right across the street from Hoff Lumber nestled between Hinckels and McCoy and Meridian Veterinary clinic and then it goes south about 40 acre ownership. I think you are familiar with this property, about, it has been about 8 months ago we came before the Planning and Zoning Commission. Let me back up, you may recall the Troy Green proposal where this was planned to be a mobile home park and that was ultimately denied by the City. Jim rethought how to develop that ground, we came before the City with a business park concept of limited office and C -G commercial general zoning. The Planning and Zoning Commission passed on a favorable recommendation to the City Council for annexation. We got in front of the City Council and they felt good about the project but they said it is not our policy to see a preliminary plat before we will take final approval on annexing new ground into the City. So the City Council said go back and start with a preliminary plat which we did during Christmas time and submitted in January and now we are on the agenda for a preliminary plat. For discussion purposes it is referred to at the Ballantyne Troutner Business Park. I also have a letter with a map attached let me hand that out. Let me show just a couple quick slides so I can acquaint you with this area. This is looking west on Franklin Road, off to the right you see Hoff Lumber and in the foreground is Meridian Veterinary clinic. We are just now starting to get to the Ballantyne property as you look west. The Master Roto Rooter is on Franklin and Jim's property is behind the Mater Rooter property, this property fronts on Franklin and Jim has the 37 acres immediately behind this property, it is pretty common to see there on Franklin Road. This is his frontage on Franklin Road, it is 238 feet wide, it currently has that for sale sign on it and I am standing right now in about the parking lot of Hoff Lumber at their administrative office looking across the street to the south. In the background you see those metal buildings and some construction equipment that is the Hinkels and McCoy contractors yard. That fence you see now and that power line there that is the common property line between Jim Ballantyne's ground and the Hinkels and McCoy. This is where we would plan the entrance into the business park right across the street from the Hoff Forest Products. When we came in for annexation there was some discussion with the Planning and Zoning Commission and with the City Council about a 50 foot access easement through the Norm Fuller property coming out to Meridian Road. We have adjusted that easement with Norm Fuller's input and approval so that this is actually where that 50 foot easement is. I am standing on Meridian Road and directly behind me is the access road to Godfather's Pizza it is Thomas property they are currently developing right now. So future connection all lines up and all of that has been taken care of. It is shown on the plat that way. Here is a copy of the plat that you have, up at the top there is the entrance off of Franklin Road coming into the park. The Eight Mile Lateral courses diagonally through the property, we propose to relocate that lateral. It is a major expense but it opens up the interior and makes a very nice business park. We are right next to Franklin Square Subdivision, we have planned a 35 foot landscape strip next to Franklin Square Meridian Planning & Zoning Commission March 12, 1996 Page 22 Subdivision to be permanently landscaped. Those folks that are familiar with Pennwood, it currently dead ends but we are proposing that it extend and this is the little street on the south here coming out of Franklin Square subdivision and coming east into Jim Ballantyne's property. Corporate Drive which is shown and generalized here on the bottom of the plat, is a future road that the Highway District is planning in Meridian. So this property is going to be part of that Corporate Drive extension with at least two access points. The easement that you see going out to Meridian Road that is the 50 foot easement through Norm Fuller's property that we have adjusted and it lines up with the Thomas property over to East 1 st Street by Godfather's Pizza. We propose that Barret Street not go through that we put a hammerhead turnaround right there that is based on input from the neighbors that didn't want Barret to go through. Some neighbors probably don't want Pennwood street to go through and it really doesn't matter to Jim Ballantyne but the Highway District has told us that they want Pennwood to make a connection into this property and ultimately south down to Corporate Drive so that you can come out of Franklin Square Subdivision and over to Meridian Road without going north up to Franklin, that is the way you have to do it now. So it opens..up better access. Most of those lots are about 7/10 of an acre to about one acre, that is the size that we are finding a lot of interest in. In fact lot 1, block 1, right at the top by the entrance of Franklin Road, right across the street from Hoff Lumber Jim has already sold that property and he has used a one time lot split in the County and that is going to be the new Meridian office of the United States Department of Agriculture, the new USDA office building that is going to set a real nice tone coming into the business park. All of block 4 which is the property next to Franklin Square subdivision and all of block 5 we are proposing to be zoned L-0 limited office as a transition to that neighborhood. The balance of the property would be zoned C -G and would be for business use, office and office warehouse. We have addressed all of the City comments in the letter, there is a map in there as well, reduced copy of the plat. I would be happy to answer any questions. Jim Ballantyne is here as well if we have some questions for Jim he can help answer. Oslund: Question for you, the signalized intersection that you are showing, the T intersection of 5th Street and Franklin, you say that is right at the entrance to Hoff? Forrey: No, it is not, the current entrance to Hoff is a little bit east of the way we show the entrance to this property right now. There is a power line in the way in order to move it on the Hoff property. When ACHD widens and improves Franklin Road to 5 lanes which is the plan here that power line is going to be removed or relocated. So our conversations with Idaho Power, ACHD and Hoff have been that we would line up this road the entrance road within five feet of the Hinkels and McCoy property and then Hoff would have a good access at that same location. They are going to have to make some adjustments on their property but it is through a graveled area, their current parking lot for staff it is not going to damage a lot of their paving but it is going to have to relocate that power pole. So down Meridian Planning & Zoning Commission March 12, 1996 Page 23 the road I think we will have good access with Hoff on one side and Ballantyne Troutner Business park on the other. Some day probably a signal right there. Our traffic study right now the traffic study has not been completed we are on tech review agenda for this Friday with the Highway District and Pat Dobie is completing the traffic study. When Corporate Drive is put through this area most of this traffic is projected to go south to Corporate Drive and out to Meridian Road. So today without Corporate Drive we would need a traffic signal on Franklin by Hoff. But when corporate drive is in the traffic study says that signal may not be warranted so we are not proposing a signal at this time. We are contemplating that Corporate drive is going to extend through and that helps solve the traffic. To confirm then are you saying that Hoff will adjust their driveway location Forrey: Yes Oslund: So that it is opposite what is a T intersection (inaudible) Forrey: Yes, in order to line up that is correct. Oslund: What is the 50 foot access easement, what is that exactly? Forrey: When Jim Ballantyne bought property from Norm Fuller years ago he bought property that is along the lateral, kind of the interior of the property. When he bought that from Norm they negotiated a 50 foot access easement out to Meridian Road. That is the intent and purpose of that easement. We have since adjusted that easement north about 32 feet to line up with the Thomas property on the other side of Meridian Road, that was at the request of P & Z and City Council during our annexation public hearings. Oslund: So that access easement would serve lot 15 only? Forrey: Look at the revised plat Commissioner, it is on the back of the letter that I handed out. The City staff asked us to make revisions to the plat and we have done that, so you are now looking at the plat that complies with City staff comments. Oslund: (Inaudible) that is all 1 have Hepper: Would these be under conditional use permit? �cc luMU: Yes, as stated in the letter and it is also stated in the annexation application that any use developing in this project would be under conditional use permit procedures. But we are not requesting planned development, it is a business park with everything conditional use permit. Meridian Planning & Zoning Commission March 12, 1996 Page 24 Hepper: But any of those lots that back up to Franklin Square would come back to Planning and Zoning for conditional use permit review for compatibility and everything else? Forrey: Yes as office uses, that is correct. MacCoy: Let me clarify something you said that Lot 4 and 5 would be (inaudible) Forrey: Block 4 and Block 5 Oslund: Did ACHD have any opinion about the 50 foot access over to Meridian? Forrey: They have asked us to use I think it is I forget the citation I think it is on the plat C3 -NP -50 standard, it is a 3 lane collector no parking within a 50 foot right of way. They are saying that as long as there is no parking it is signed that way then it can fit the amount of traffic within a 50 foot right of way. Oslund: (Inaudible) access to Meridian Road and Forrey: Yes they do even with Corporate Drive, at this point they are telling us to put a road through there. It is very possible that future development may change that but that is the direction we have been given by the Highway District as of today. Hepper: Any other questions? This is a public hearing is there anyone else that wishes to testify? Susan Kelly, 604 Pennwood, was sworn by the City Attorney. Kelly: I apologize my comments are not formal, they are pretty much just informal from what I have heard. I just want to state that my husband and I are the property that adjoins this property that is about to be developed. We live on Pennwood Street. I personally am very opposed to a major basically interstate that is going to come through that property. When you open that area up and it becomes Pennwood it is going to become a thoroughfare in front of our home. It is not set up, it is a residential street, it will become like Franklin. Everybody that comes off the Boise interstate, 1-84 will come through Pennwood to get to the following subdivisions therefore Franklin will become almost non- existent our house will become a major interstate in front our own ways. I would like you to research that and look at that. I would like you to know that we are not opposed to a development in there. We are opposed to a development to break open on Pennwood Street. I do not feel the whole subdivision is set up to take that amount of traffic involved. I also am in question about the 35 foot landscape strip. In spite of that if they break Meridian Planning & Zoning Commission March 12, 1996 Page 25 Pennwood open we are still going to have that major (inaudible) As it is right now we have a lot of traffic that comes to the end of that street that knows not where to go and therefore has to turn around in our yard and go back the other direction. So I really would hope the committee would look at that that it is not a good choice to break open Pennwood Street. Seriously I am not opposed to them doing development I just do not feel that Pennwood Street is very good (inaudible). We also are very concerned we are very long time residents we are very concerned that the value of our property is going to go down as I am sure you would understand. Anybody that lives on a major thoroughfare nobody wants to move in and buy their properties. Thank you. Hepper: I have a question, does Pennwood street in your subdivision connect to any of the other subdivisions is that a thru street or does that only? Kelly: Pennwood dead ends at our house and it adjoins this property. Hepper: What about on the other end of Pennwood? Kelly: We are the dead end of Pennwood and Pennwood has been adjoined to the other subdivision that was put to the west of us. So we are the older part of the subdivision, we have been there quite some time. Hepper: Okay, but Pennwood to the west does continue through? Kelly: Yes it does and I can see why it would be a major factor in why they want to open it up although it is not good for the residents on that street. Anything else? Thank you. Hepper: Anyone else that wishes to testify? Jim Ballantyne, 10250 Whispering Cliffs Drive, Boise, was sworn by the City Attorney. Ballantyne: I just wanted the residents on Pennwood to know that I sympathize with their concern and the Pennwood Extension there is not our idea but it is the idea of ACHD. If the traffic studies and the quality of the subdivisions, quality of life in the subdivision to the west is affected by Pennwood and if you should decide that street should in fact be blocked we would support the neighbors in that decision. Thank you. Hepper: Any questions? Thank you? Anyone else? Lawrence Rackham, 305 West Franklin Road, was sworn by the City Attorney. Rackham: I was at the last hearing and I haven't seen anything addressed to the Meridian Planning & Zoning Commission March 12, 1996 Page 28 road everyday going to and from work and (inaudible) Hoff: And truck traffic too so if we did move that entrance we would have to move that entrance all the way back to the plant to keep from having to tum and go in and turn again. Hepper: Anyone else wish to testify? Gary at our last meeting I think there was a question about whether you had received all the written comments you need, is everything (inaudible) that you need? Smith: Mr. Chairman, we just received the comments tonight from the applicant, are those the ones you are referring to? Hepper: Well I don't know, I think at the last meeting it was mentioned that there were some comments from you and Shari that you needed some answers to. Apparently you just received those tonight. Smith: Yes, the applicant has addressed the comments that we made at our review stage. Hepper: Have you had a chance to review those? Smith: I just read through them I haven't compared them with what our comments were so I can't Hepper: You are not really sure. Smith: I can't really address them. Hepper: Have you heard, have you had a chance to contact ACHD and see if they have any comments? Smith: No I haven't, Karen Gallagher was here this evening and she said that all the rest of the items on the agenda are needing traffic study information before they will make any comments on the project. Hepper: Wayne would you like to readdress us? Forrey: Mrs. Kelly's comments are very good, those folks have lived there with a dead end street for many years and now the Highway Districts wants to see an extension, kind of what Ery Olen was talking about earlier tonight about transportation planning. So we have been told for good transportation planning put a road through there and it could hurt the neighborhood. From the Highway District standpoint you could take right at the end of Meridian Planning & Zoning Commission March 12, 1996 Page 29 Penwood today, evidently in the area where Mrs. Kelly lives and you could I believe get all the way to Linder Road interior through subdivisions. So the, there is Ten Mile Creek I think that separates subdivisions in that area and there is no bridge. So on the south side of Ten Mile Creek through new development you will be able to use Waltman Lane and some others to get from Meridian Road over to Linder in the future. On the north side of the creek there is no provision except to go out to Franklin Road. So the Highway District says we would like to have some type of internal linkage between Linder and Meridian Road. They indicated to us that Pennwood is that road. But as Jim said tonight if the City and the neighbors feel that is inappropriate we would support that. It is only shown on the plat because the highway district asked that it be shown. It doesn't help the business park in any way other than another access point for emergency vehicles, it does that. We have also shown it as a 50 foot right of way not 60 feet, not to make it a collector type road. Mr. Rackham's comments again good comments. That canal is a major issue and Jim Ballantyne is in the process of hiring an engineering firm right now to evaluate that. We have met with Nampa Meridian Irrigation District some of their concerns were those 90 degree bends that are going to take major structures to take the water hammer effect as that water turns. So there is going to be major expense in relocating that canal plus fencing. The irrigation district requires substantial fencing for safety as well as to delineate their easement. The canal today is open and directly on the south side of Hope Arms apartments it goes from the bowling alley on the south side of Gem Avenue right across the street and right on the south side of Hope Arms today. We would just be adding more canal and that is a safety concern so we would be looking at the fencing requirement there. Hepper: Would that be fenced on both sides? Forrey: Yes the irrigation district has indicated it would be fenced on both sides. Brian Hoff is absolutely correct about the thorny problem we have to work out. I see the answer coming in the reconstruction of Franklin Road. When those power lines are up for relocation we have got a fresh chance to look at how those roads line up and also today we don't have the benefit of the final ACHD tech review and Commission action. We go this Friday for tech review with ACHD, so we are going to have to sit down. The Highway District has said to us we are not to damage Hoff and we don't want to, they are first and we don't want to put a damage on them or disrupt their business. So we have got to work that out. I see us doing that with ACHD and the Franklin Road improvements. Does that help? Shearer: Is that tech review Friday is that a public meeting? Forrey: Yes it is. JAMES H. BALLANTYNE 10250 WHISPERING CLIFFS DRIVE BOISE, IDAHO 83704 (208) 375-1966 Mr. Bruce Freckleton, Assistant to City Engineer 11 March 1996 Ms. Shari Stiles, Planning and Zoning Administrator City of :Meridian 33 E. Idaho Ave. Meridian, ID 83642 RE: Ballantyne-Troutner Business Park Dear Mr. Freckleton and Ms. Stiles: 9:48 AM- I have reviewed your staff comments memorandum dated February 9, 1996, pertaining to my Business Park, Preliminary Plat application. In accordance with your General Comment #12, I am responding to each of your comment items in this letter. I have also enclosed ten copies of the revised Preliminary Plat map as you requested. By way of information, let me update you on several items pertaining to this development property. Right now we are exercising our one-time lot split in the County to create a one acre parcel at the Franklin Road entrance to our property. This one acre parcel will allow the United States Department of Agriculture (USDA) to construct their new Meridian office building on the land parcel shown as Lot 1 Block 1of the Ballantyne-Troutner Business Park. USDA needed to construct their new office within this Fiscal Year, so we are proceeding with Ada County approval right now. When we Final Plat Phase One of the Business Park, the USDA parcel will be incorporated into the Plat as a lot and block. The revised Preliminary Plat map which you now have shows the configuration of the current USDA parcel as lot 1, block 1. The dimensions of the USDA parcel will not change in the platting process. We feel fortunate to have the new Meridian USDA office building at the entrance to the Ballantyne-Troutner Business Park. This quality office building will set a nice tone for the Business Park. Also, two weeks ago, I hired Dobie Engineers to complete a traffic study for our project as requested by Ada County Highway District (ACRD). I have also submitted a Request for Proposal (RFP) to various engineering firms asking them to provide engineering services for design plans, final platting and engineering assistance. We should have an engineer working on our project very soon. In the meantime, I have asked Wayne Forret' to continue processing our Preliminary Plat application and wrap. everything up with the Preliminary Plat before we turn it over to our engineer. I feel we are making good progress and my partners and I certainly look forward to developing a very good business park in Meridian. Here is a response to each of your comments: General Comments The Preliminary Plat does state "Variance needed to maintain open flow of Eight Mile Lateral". We understand that a variance application is needed and we will be submitting a variance to 11-9-605M Ballantyne Page 2 of 4 to allow the Eight Mile Lateral to remain open flow, if our engineering analysis shows justification. We met with Mr. John Anderson of the Nampa -Meridian Irrigation District on 23 February 1996 and we learned that the District does not object to relocating or tiling this canal. Our engineers will evaluate this canal relocation and covering issue. All other ditches will be tiled according to 11-9- 605M. 2. We agree with General Comment #2 and we will comply with 5-7-517. 3. Part of the Scope of Work for our engineers is analysis of seasonal high groundwater, drainage analysis and soils testing. As soon as our engineers are hired and working, we will provide this information to the City with the development plans. 4. We do not have covenants prepared at this time. Our real estate representative, Mr. Michael Ballantyne, will assist in preparing these covenants. We will submit covenants to the City as soon as possible. 5. We agree with Comment #5. The Preliminary Plat indicates that all roadways will be ACID standards with 5' sidewalks. 6. We agree with Comment #6. Please let me know what type of information you need from me to conduct your hydraulic analysis. 7. We agree with Comment #7. Please let me know what type of information you need from me to conduct your computer model analysis. 8. We have requested the approval letter from the Ada County Street Name Committee. Their comments will be forwarded to the City of Meridian. 9. We agree with Comment #9. I will instruct our engineers to work out the proper locations prior to street and utility designs. 10. The Preliminary Plat indicates "No FEMA Floodplain on Site". We do not have a floodplain boundary on this property. 11. We agree with Comment #11. Our engineers will prepare this plan for City, ACRD and NMID review and approval. 12. This letter constitutes the written response asked for in Comment #12. Ten copies of the revised Preliminary Plat Map have been submitted to the City Clerk's office. 1. The Preliminary Plat does in fact show the legal location of the access easement through the N & D, Inc., property. We now understand that N & D, Inc., wants the easement adjusted and moved to the north by 32.98 feet. We do not object to moving this 50' road access easement to the north by 32.98 Ballantyne Page 3 of 4 feet to accommodate N & D, Inc. By moving the easement north by this amount, we also line up with the access road into the Thomas property on the East side of Meridian Road. The revised Preliminary Plat includes the adjusted access easement as requested by the City and N & D, Inc. We have previously provided a signed, notarized consent to annex by Mr. Fuller of N & D, Inc. Please refer to our annexation file. The revised Preliminary Plat also describes the boundaries of the proposed zoning designations. I will ask our Engineers to prepare a perimeter legal description for each of the two requested zones (L -O and C -G) in our business park. As soon as these updated perimeter legal descriptions are prepared, I will see that you get copies for your annexation file with the City Council. 2. We agree with Comment #2. Mr. Wayne S. Fotrey has previously met with Mr. Gary D. Smith, City Engineer, to review the off-site sewer routing in Franklin Road and continuing behind Gieslers Auto Repair. We understand that we will have to build a sewer main in Franklin Road to service the north portion of our business park. 3. We agree with Comment #3. 4. The revised Preliminary Plat now shows the 50' road access easement connecting Meridian Road with SW Third Street. This connecting roadway (Pennwood) will be constructed to ACRD, C3 -NP - 50 standards which is a two lane collector, no on -street parking with 5' sidewalks on both sides. We cannot construct a 60' roadway standard here because our legal easement is only 50' wide. ACRD tells us that by using the C3 -NP -50 standard, we can accommodate business park traffic within a 50' roadway easement. So, we respectfidly request that the Pennwood connectors be approved at 50' ROW. All other roads will be 60' ROW as shown on the revised plat. We respectfully request that Phase One development of the Business Park be allowed with only one access road. Our first phase (Final Plat) will involve lots 1,2,3, and 4 of Block 1. This phase will include four lots and be about 600 feet deep from Franklin Road. With development of the second phase (all of Block 4 and a portion of Blocks 1, 3 and 5) we will extend SW 5th Street south, over the canal and connect with Pesmwood Street for our second access. Phase Three development will most likely include the balance of the Park and give us up to five access points at buildout. The USDA building is already in the County development approval process, so it would be developed prior to final platting by the City. We agree that Lot 10 Block 1 has awkward access. The revised Preliminary Plat now shows 40' street frontage with adjustments made to adjoining lots. 5. We agree with Comment #5. The revised Preliminary Plat shows the requested information. 6. We agree with Comment #6. Our engineers will provide this information to the City, ACRD, and Nle for review and approval_ 7. We agree with Comment #7. tebtua/ty 11, 1996 11e,�an Naming & Zoning Comm.i,6,6.ion 33 Cant Idaho SlAeet 11e,c.id ian, IB 83642 REcEwED FEB 13 1996 CM AMMAN, siaz, lde itecen tey iteceived a .ate z atom Oayne S. f o/z wy an u &m pianuzing con,3u&ant woirk.ing with. 112. aanwA K. Baelantyne to deveiop a Puzinezz pank next to the 7itank t n SquaR-e SuM-iviz ion and 71tankt i n /load. £naozed with .the iettelt wah a map o� .the 122opohed Batganiyne-7aou w -a Busii e ,6 Paitk. A.,3 ,teziderzt-6 o f the zu&d i.v.i.3.ion we have IoUowed the paopozat6 /o/t th.i.3 ante with gaeat .int �J,t . Oe a/ze in �avo2 o/ .the &".inezz /zaitk and �eeei th. . z a hen,3 U -e uZe of thus Band. Since we dive .in one of .the iota that wi-U hack up to the tuz ne6,3 /zaizk anea we ace, in lavo2 of the 35' tandemcaped B leA zone with a ;eenee Letween the &L,6ine,6h park and out hack ya/ d. We aite a.9,6o vvAy much in lavoit o/ l ennwood Staeet exteauGing .into the tu,3i.ne.6.6 paitk and connecting with the Co/zpo tate DIt.i.ve fxten,6.ion. 7h i,6 would make dlLiv.ing to Nz/z .di.an Road much eas.iea /o2 aU the 4z,6-irl� hence who woak .in Bo.i,�5e and need .to get .to and Aom the lteetvay eveay day. It alto 'seems that it would e.e mouen�1.iP. 6eie 4/t .the 12eopie needing acceah in and out o/ the tuzjne z /2a/zk, a-6 weV a,6 eme�tgency veh.ie&e6, to have mo4e than j"t one enLwnce on 74ankiin Road. We appzteciate the e//off o/ 112. ;.amus BaUantyne, hiz paAine", and Glayne folutey .in deve.&ping a fai,3inezz pank that wiU enhance the city o/ 11e/t-idian. Gle a,&30 app/teeiate the� e//onth to keep tv, ah ne igh&oaz o f the /2/to/20sed Pa zk, igonmed o� the.ut plans, and t� de�3.ute to wojzk to the Luml-it o/ eve2yone .involved. Whetzema we have contacted 112. 7o4ltey he ha.6 aQways taken time to exp ia.in the plans, and h" ii.6i ned to out coneea". Thank you �o2 your co" ideAat_i-on o/ the eoncelmz o f a U o/ " .in the flank Q,in Square SuPtdi.viz ion. S.i.nc e nzl y, . [ion 9 Chit i st.ine Mace 530 Lynhutrst Nace 11e1t idian, ID 83642 Phone # 888-3764 James H. Ballantyne 10250 Whispering Cliff Drive - Boise, Idaho 83704 "I elepnone 1 /J-iyoo r ua o 0 -mow Meridian Planning and Zoning Commission February 13, 1996 33 East Idaho Avenue RFcErvED Meridian, Idaho 83642 F E B 13 1996 RE: Ballantyne Troutner Business Park - Table to March 12, 1996 Agenda l . IR1014N Dear Commissioners: My business partners and I are proposing to develop a business park near Hoff Forest Products on the South side of Franklin Road in Meridian. We have reviewed the comments from the Planning and Zoning Administrator and find that we have been directed to "Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the scheduled hearing. " We need additional time to address the various issues and items contained in the comment package plus extra time to revise the Preliminary Plat map. We cannot have all this work completed by tonight's hearing! Could you please help us by tabling our Preliminary Plat Hearing to your March 12, 1996 meeting date. This will give us sufficient time to prepare the revised plat and address each item in the comment package. Between now and March 12, we will meet with City Officials and coordinate our work so we can have all the new requested information available to the Commissioners at your March 12, 1996 meeting. We have been informed that the U.S. Dept. of Agriculture will be immediately purchasing a portion of our property along Franklin Road to develop a new office complex. Because they need to proceed on schedule, we will go ahead and split off a land parcel so they are not held up during the plat revision process with the City. I have owned this property for over twenty five years (April 28, 197 1) and I understand that we are entitled to a one time lot split according to City of Meridian policy. The configuration of our land parcels has not changed since April 2, 1984 which is the grandfather date used to establish lot split rights by the City of Meridian. The U. S. Dept. of Agriculture desires to immediately purchase a portion of our property so they can construct their office building in this fiscal year. We will exercise our one time lot split right so this office complex can proceed on schedule. The U.S. Dept. of Agriculture parcel will have lot frontage on Franklin Road and be configured so it can easily become a subdivision lot once our plat is approved. We will meet with the City Engineer later this week to provide our lot split documentation to the City. Thank you for understanding our situation and tabling our hearing to your March 12, 1996 agenda. If you have any questions please call me at 375-1966. Sincerely, James H. Ballantyne Applicant A MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: JIM BALLANTYNE AGENDA ITEM NUMBER: 14 REQUEST: PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE - TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE MqW COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLA INTERMOUNTAIN GAS RE & FINAL PLAT) BUREAU OF RECTA 10 (P�EIJM & FINAL PLAT) CITY FILES YOUR CONCISE / CITY OF MERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, PIZ TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: / j � -'96 YOUR CONCISE REMARKS: Vo &of 41 ke th e 5"Ra , ,Cv LL) 1 i Al.: -CPS S � s� /�'fl1 •� � � h r,r1 �' S i s �o't a C. �s 7''l ►de, a /U.Q WS —ILA -)C, A CC �ES.S JAN 2 2 1996 7-k J6 f C. 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W eyE du w $ o acv u° �Ou Eoo � iet in 3 � •�•a ZO cb go au, F w 7 WO N C6:= y Ll jj C u u 3 v A 3 uo O ^ i'• Y W Q C 7 C L ! y y o 0 0 •'-� $ C7 � ue~D P Z b K r, -% p o r e AE J 3 C 3 (C U ^� � t r y, u. C a a Z 5 �E W Etu uva67i @S R E- C ennV 7 e�a�y pUJ IC Eo° UJ t�8 ca O y C 7 C m 3 o O O u O ul U. E� c a e 3 � C z O C bo cc IT cc fY W dl vi ° EsF Z0'39dd 0S9L SVE 80Z � r � JAMES E. BRUCE, President SHERRY R. HUBER, vice President SUSAN S. EASTLAKE, Secretary Ms Sherri Stiles City of Meridian 33 East Idaho Street Meridian, Idaho 83642 TRANSMITTED BY FACSIMILE ZZ:91 96, 80 H3d REcE'vED FEB 0 8 1996 CITY OF MERIDIAN February 8, 1996 Re: Ballantyne-Troutner Business Park and the Ranch Subdivision The Ada County Highway District staff have deferred action on the referenced development applications pending receipt and acceptance of the requested traffic impact studies. We will inform your office when further action is taken. Please let me know if there are any questions or concerns. �al 164, U David Szplett Transportation Engineer cc: project file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 1 CENTRAL CEN) KAL DISTRICT HEALTH DEPARTMENT *0 DISTRICT Environmental Health Division ff- HEALTH DEPARTMENT Rezone # }11 i Condi ' nal Use # Preliminary / nal / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden city ieridian ❑ 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 ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 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: 42- central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 50 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: P central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines -central water 10. Street Runoff is not to create a mosquito breeding problem. E M Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 jj�. 15. �.'�f'.N a� i��Z �IAit.�i4 cel ��✓% - Gf'/ i�"32 ► fi` / S Date: Reviewed By: Revie` heet OR 10/91 rcb, rev. 1195 1 CENTRAL • • DISTRICT HEALTH. 707 N. ARMSTRONG PL • BOISE, ID. 83704 • (208) 375-5211 • FAX: 327-8500 DEPARTMENT MAIN OFFICE To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMN ENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management pra ticcest for ppreventing ter disposal and design a stormwater management system that groundwater and surface water degradation. Manuals that could be used for guidance are: ,1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL- FOR THE P9UGET SOUND, State of Washington Department of Ecology, February 9 2. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT Ada I Boise County Office 707 N. Armstrong Pl. Boise. ID. 83704 Enviro. Health: 321.7499 Family Planning: 321.1400 Immunizations: 321.7450 — Serving Valley, Elmone, Boise, and Ada Counties WIC Boise • Mer" 1606 Roberts Boise, ID. 83705 Ph. 334-3355 324 Meridian, ID. 83642 Ph. 8886525 ernoleCounty Office EMwre County OIBce 520 E. 81h Street N. of Environmental Heath NlourmM Home, ID. 190 S. 4th Street E. 83647 Ph. 581-4407 Mountain Home. ID. 83647 Ph. 581.9225 valey County Ofeoe P.O. Box 1448 McColl. ID. 83638 Ph. 634.7194 WILLIA:_' G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HF:91 OF TREASURE YAL r ,�Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO &%42 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Deparanent (268) 887-2211 Motor Vehicle/Drivers License (208) 588-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBEE._ WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for BallantXne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT (Malcolm MacCoy, P/ Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT FZE0"VE:D GREG OSLUND, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTHAN 2 9 1996 BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CI't,y, . f r °II E R I D I A NI CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT Meridian Water Recommends a 101, Water Main CITY ATTORNEY on S.W. 5th St., 10" Water Main on Fulmer 3rd., a V Water Main on ennwood CITY ENGINEER Ave. & S.W. CITY PLANNER St. for tie-in. IV E WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: /VUc71hfOtf o' �iP:P r� — 4= CITY OF aVE1t��'7A.:,; HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk City Treasurer JANICE L. GASSSMITH, A Good place to Live WALT W. MORROW, President GARY D. SMITH, P.E., City Engineer BRUCE CITY OF 1 IERIDIAI�J RONALD M. CHARLES M. ROUNTREE OUNTR D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TIM HEPPER, PfZ GLENN R. BENTLEY DENNIS J. SUMMERS, Parks Supt. 33 EASE IDAHO RONALD TOLSMA, C/C SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor MERIDIAN, IDAHO 83642 �P & Z GOMMI ION �- = I ` ' -^ ' KENNETH W. BOWERS, Fire Chief W.L. "BILL- Phone 208 888-4433 • - __ ( ) FAX (208) 887 481 Public Works/Building Department (208) 887.2211 _ _17= 71M JOHNSON, Chairman GORDON, Police Chief WAYNE G. CROOKSTON, Motor Vehicle/Driven license TIM HEPPER 4 JIM SHEARER JR., Attorney (208) 888-4443 JAN z 1996 BUILDING DEPARTMENT OTHER GREG OSLUND YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's ROBERTD. CORRIE NAMPA & AIME tii ;� ��� MALCOLM MACCOY CITY ATTORNEY Mayor IRRIGATICfJ ^i_�- TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February fi 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT:_ South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 MERIDA N SCHOOL DISTRICT !Malcolm MacCoy, P/Z MERIDAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, PfZ ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION TIM HEPPER, PfZ CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLA j SEWER DEPARTMENT CITY FSS BUILDING DEPARTMENT OTHER FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's POLICE DEPARTMENT Eig_htmile Lateral courses through the middle of the CITY ATTORNEY project. The right-of-way of the Eightmile Lateral is 60 CITY ENGINEER feet 30 feet fron the center each way. See Idaho Code CITY PLANNER 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meri ian rrigation District, 466-0663 or 345-2431, for approval before any encroachment or change o right- of-wav occurs. All laterals and waste ways must be protected Municipal surface drain- age must be retained on site. If any drainage leaves the site, Nampa & Meridian Irriga- tion District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District This District requires that a Land Use CbgnQe Site Development application be filed for review prior to final platting. Donna Moore at 343-1884 or 466-7861 for further information. /CCoo'ntact X_,�� , , - _ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District -EPI ivIL '111- N i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 February 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Jim Ballantyne Boise 343-1884 10250 Whispering Cliffs Drive SHOP: Nampa 466-0663 Boise, ID 83704 Boise 345-2431 RE: Land Use Change Application for Ballantyne/Troutner Business Park Dear Mr. Ballantyne: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 N & D Inc. MCEIVED P.O. Box 851 • Meridian, Idaho 83642 (208) 888-4892 FEB - 6 1996 FAX (208) 888-5424 CITY OF MERIDIAN February 6, 1996 Honorable Mayor City Councilman Planning & Zoning Commission RE: Ballentyne Troutner Business Park To Whom It May Concern; Regarding the annexation of the above mentioned Ballentyne Troutner Business Park, I, Norman G. Fuller, President of N & D, Inc., owner of the property at 417 S. Meridian Road, agree to the annexation of the 50' easement only if Jim Ballentyne of Ballentyne Troutner Business Park agrees to pay all the necessary fees to annex and zone my adjoining property (zone C -G) and as long as the legal for the easement is as per the attached legal description and preliminary drawing as prepared by Civil Survey Consultants. Tha you, Norman G. Fuller President N & D Inc. 115.79' T N 0'22'35" E 329.43' 50.00' 7 162.32' 114.44' MERIDIAN ROAD 00 Iq cn cn cn m L4 W N N =Q 0 N r*m --I 0 Z = r L40 O � �n O rrl _ Z �o O rq m0 Dy ZZZ�. >nm Drrl -P r OIo� c U) Z rri con -0 _0_Ix �0U500 M> mz-o r" oK:�x m :� o D ):*AM Z 50.00' 162.32' N 0'22'35" E 1654.04' o\ 1327.27• w N o� co imu o� 0 U) 00 U) IQ 00 m Ln M Z Ln w--� L4 W Lrl (A N N+ 114.44' MERIDIAN ROAD 00 Iq cn cn cn m L4 W N N =Q 0 N r*m --I 0 Z = r L40 O � �n O rrl _ Z �o O rq m0 Dy ZZZ�. >nm Drrl -P r OIo� c U) Z rri con -0 _0_Ix �0U500 M> mz-o r" oK:�x m :� o D ):*AM Z 50.00' 162.32' N 0'22'35" E 1654.04' o\ 1327.27• w N o� co imu o� 0 G 03:46PM FROM Civil Survey Consultants a EASEMENT DESCRIPTION FOR NORMAN FULLER A parcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly. corner of said SE 1/4 of the NE 1/4; thence S 0022'35" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing S 0°22'35" W a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89155'45" W a distance of 533.22 feet to a point; thence N 0°2235" E a distance of 50.00 feet to a point; thence N 89°55'45" E a distance of 533.22 feet to the POINT OF BEGINNING. This parcel contains 26,661 square feet (0.61 acres). Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 6, 1996 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN. RONALD TOLSMA M. ROUNTREE GLENN RR BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 -FAX (208) 8874813 JIM JOHNSON, Chairman Public Works/Building Deparnsent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888 4443 JIM SHEARER GREG OSLUND ROBERT D. CURRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by- February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 (Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: VQiv,E Meridian Planning & Zoning Commission February 13, 1996 Page 40 Smith: It would be three minimum and I think probably four lanes most probably through that area not where Wayne Forrey's project I don't believe is being proposed but to the east of that it would begin to be three lanes at least. Michaelchek: Will it be two lanes probably from this project to Locust Grove or something like that? Smith: Well maybe in front of his project it would begin just to the west or back toward town there is too much residential in there for them to do any major expansion or width. In the undeveloped areas adjacent to his project it will be widened. Michaelchek: That is all I wanted to say. Johnson: We had a presentation from ACHD on that I think it was from ACHD on the proposed extension in there and the process of acquiring land and that sort of thing. It is on their drawing board. Thank you for your comments, anyone else? I will close this public hearing. Crookston: Wait a minute you don't want to close this public hearing, you want to adjourn this public hearing. Johnson: Thank you for reminding me of that, we need to do that with this item and also the next item. If there is no one else then we will adjourn the public hearing but leave it open so we can continue that on March 12. Shearer: I so move. MacCoy: Second Johnson: It has been moved and seconded that we leave the hearing open and continue this to March 12 in accord with the desires of the applicant, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Johnson: I will open the public hearing at this time. Is there anyone here that would like to address the Commission? The applicant has requested a deferral until March 12 also. Meridian Planning & Zoning Commission February 13, 1996 Page 41 Larry Rackham, 305 West Franklin, was sworn by the City Attorney. Rackham: A few questions, I think the project that I have seen so far with this development seems to be an addition in the good of that area and to the City of Meridian. I do question a couple of areas of concern and one was the movement of the canal from the center of the property that is south of my property on West Franklin Road to adjacent to the property on West Franklin or relocating the canal. That poses a couple of concerns that I have. One is the safety concern for the area if there were to be retail on the property that I would in the future be using. Secondly, the elevation of that ground goes to the north down all of the area north of that project are on septic tanks with water being brought over dose to those drain fields and existing septic tanks that could create a problem particularly on the lower level than has been addressed to this point. With the new sewer going in and being available with this development it would make that something that would be considered for connection in the future for anyone that would want to or need to but not address or concern about that particular thing has been addressed and I wanted to be assured of that. The other concern I had was the development of Franklin Road which has been put off I think twice now with Ada County considering an increase in traffic in that area with the roads existing as they are. It is something that needs to be addressed to Ada County and the need for continuing with their concern or their plans for concern with their traffic in that area. As that area develops and is now a real hazard, people trying to turn off of that two lane road, we have had several near accidents. A couple in our area where people have tried to go out around the right side of somebody on the right illegally or improperly. Trying to hustle down the road with five cars behind him trying to get around him. Has there been any future development with the (inaudible) for that road (inaudible). Johnson: There has been some discussion, I am not up on it. It has been addressed before both at the City and Planning and Zoning by ACRD. Perhaps Gary, you could enlighten us with something recent. There has been quite a bit of talk about the very thing you are talking about. Smith: There is a design that is underway for Franklin Road from Meridian Road to Linder for a five lane section, a center turn lane and two lanes and two lanes west. I can't tell you the dates, they have been as you mentioned they have been moved back on us several years now. Rackham: Well last Fall was the last movement it was planned for last fall. I haven't heard a date for a future date, but with a development like this we are looking for a real problem on Meridian and Franklin Road. That needs to be addressed, not that we should limit our development but that somehow we should have a consideration for the roads the necessity of those roads for that development that have to be done and should be done. Meridian Planning & Zoning Commission February 13, 1996 Page 42 Johnson: That is a good point. Rackham: One other concern and I want to get with the developer myself or Wayne who is working with that on it, the Franklin Road property that I refer to 305 West Franklin, I don't know what considerations are necessary for emergency or safety in and out of that or between the properties. But, recently I was on West 7th and while I was on the street problems developed with a fire and I had to go clear out around down to Linder Road and out before I could get out of there because the Fire Department closed that off. With this property behind I didn't see any addressing of that to speak of and if there is than I would like to be made aware of that or what the plan for that is. Johnson: I appreciate your comments and this will be incorporated in our minutes and will be available for us at the next meeting and also for the City Council. Is there anyone else? Okay we will adjourn this public hearing then until March 12, we need a motion to that effect. Shearer: I move we defer this to March 12. Oslund: Second Johnson: Moved and seconded we defer the hearing until, continue it to March 12 at our next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A VACATION OF SEWER AND WATER EASEMENT BY ROGER ANDERSON: Johnson: I will now open the public hearing and invite the applicant or his representative to come forward. Jerry Ellis, 502 Aurora Drive, Nampa, was sworn by the City Attorney. Ellis: Mr. Chairman and Commissioners the vacation that we are requesting is in regards to a sewer and water easement that sewer and water easement was reconfigured on this property. The water line and sewer fine were both moved and we are just asking for a vacation of the existing easement or excuse me the proceeding easement. Johnson: Thank you very much. Anyone have any questions? Is there anyone else that would like to address the Commission on this issue? 1 1 n ! H h o a U a v � CD 77 14) ►}� t�j r 000 jJ' » O Q At utl pEox uE t po _ Y H h o a U a 77 z G . 5 Q a 6 Y - 11 a I° �,; 4� $ x V 0�8 � i � � i`��C3tp?��•��.�a �Yp jai � A� & '� ^ V b 4 to fl. LU IA. O NU surgs3y rnr,• xkgt �.��, �' Al.46 rc m OTo c7Lo ' $ of IOU c9l y/ 0t-KC:..IN co xjQlI-aoiaw ..�ANXJ M UC tI)ti mV,ip x � uoISinipans ri u 'hbS u I uE.� � M feVrzua2y 77, 7996 EOelvEo Ne2.i_dian Nanning &' Zoning Comm.i,�,5,ion FIES 13 1996 33 E"i- Idaho Strteet (%�an, IB 83642 S.irz,�, N,e 2e.cenUy zeceived a -Letters Aom Blayne S. FOAAey an u2kan punning eon,6u&ant wo�tlr-ing with /k. aameA K. BaUantyae to develop a paltk next .t o .the btank e in Squalte SL gdiv-i,6 ion and 71tanld-in /toad. Enc-&.6ed w.i.th the .ee.� wah a map o/ .the p2Upo/5ed Ba.Uantyne-7Aoutne/ Btmine,3/3 lank. A.s izez-i_dent 6 of .the 6u&! Cvii ion we have to LUowed the p2opoza ,6 /c z Lhj.6 ante with g2ea.t i n t erte�s t . Gle ante. .in /avo2 o/ .the A u" ine./3.6 paak and )eee.e .thin .ice a .6e" iU-e u,6e o/ ih ir, Lund. Since we .Live .in one o f .the ici.6 that w t -U Lack up io the Lu, .lne ,,6 paltk artea we alze in lavolt o/ .the 35' eand-scaped gullet zone w.i..th a /ence g.eit een .tdze Lu,3ine�,6 Izalzk and ours Sack yartd. We arze at6o ve,Ly much -in /avo2 o/ Pen wood SL eee.t extending into .the L"ineaz pa�tk and connecting w.i. h .the Co zpo/zat_e. Duve Ex enh.ion. 7hiz woued make daiv.ing .to Mert.i.c an Road much eat ie� /oit aU .the Aez.ident6 heAe who wolzk .in Bo,ize and need to get to and Aom the IAteeway evvAy day. It aiw 6eem.6.that ii would ge molze lie"iU-e Io2 .tine peop.Le needing acce.6.6.in and out o/ .the euz ine.6.6 /zautk, a,6 wee.e a.6 emergency veh.icLe.6, .to have mote .than ju6i one en Rance on Twnla-in. Road. Ne ap122eciat e. .the e//o/z� o/ M/l . names Ba Leant yne, h i,6 pall &? eA. , and Glayne f olrtey .in deve.eop.ing a guz inezz pa/k that w.i.0 enhance .the city o/ Aeiz.icl i.an. lde at6o appl7e.ciate th ,irz elloAt� to keep us, as neJig"olvs o/ .the pzopozed /?a/zk, .tnlolzmed of the-ilt p-ean6, and iheiA d".irce .to woitk .to .the Lenela o� eve zyone -invo.eved. Oheneve z we have contacted NIt. fo/rrtey he hay a&ay.6.taken time Lo exp e , n .tile p. ", and hay .L" tend )-'o oa/t coneerznz . Thank you /o2 yourt conzideza.t_ion of the concerznz o/ a.Le o/ ua in the flan (-e in Squame. Sutd iv.i6.ion. S.inceR-e.ey, /ion 9 Chlzi, Line Mace 530 Lynhuiv.t Naee Ne�an, IB 83642 Phone #-888-3764 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Deparunent (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City gineer Shari Stiles, P&Z Administrator 9V Kenny Bowers, Fire Chief Re: BALLANTYNE-TROUTNER BUSINESS PARK (Preliminary Plat - By James H. Ballantyne & Partners) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY February 9, 1996 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 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 are to be shown on the Preliminary 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. 2. 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 -foot -wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Supply and distribution mains will be addressed pending the results of the analysis. AABALLANT.P&Z Mayor, Council and P&Z February 9, 1996 Page 2 7. Sewer service to this development is contingent upon positive results from computer model analysis. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Street signs are to be in place, water system shall be approved and activated, and road base to be approved by the Ada. County Highway District prior to any building permits being issued. 9. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 10. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 11. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 12. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the scheduled hearing. SITE SPECIFIC COMMENTS The plat does not match the legal description and map for the Norm Fuller easement off of Meridian Road. Per Norman Fuller's letter of 2/6/96, in which he gives consent to annexation of his entire property, please provide a corrected legal description to include all of the property owned by N&D; Inc. Submit a notarized consent from N&D, Inc., for this annexation. Revise preliminary plat to show the boundaries of proposed zoning designations. The annexation and zoning request for this property showed L -O zoning south of the Eight Mile Lateral and west of the 1/4 Section line, and the remainder C -G. Lots should not be split by separate zoning classifications. Provide perimeter legal descriptions for each proposed zone. 2. Sanitary sewer service to Lots 1-4, Block 1, is not available at this time. Service for these lots shall be via an extension of the line in Taylor Subdivision. Sewer service for the remaining lots is proposed through Franklin Estates Subdivision. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. ►:pUKAPWAIVIA Mayor, Council and P&Z February 9, 1996 Page 3 Water service to this site could be via existing mains in Franklin Road and Pennwood Street, with future connection to the Corporate Drive Extension. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. 4. The easement proposed to serve as access for Lot 15, Block 1, should be changed to a dedicated 60' roadway right-of-way connecting to SW Third Street. All streets within this subdivision shall have a minimum right-of-way width of 60' per Meridian City Ordinance. The Fire Department also requires that two accesses to this development be constructed prior to obtaining building permits. Lot 10, Block 1, is an awkward flag lot with only 25' of frontage. 5. Revise the Preliminary Plat Map to show all adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots. Revise the Preliminary Plat to include all proposed and existing utilities including pressurized irrigation, with proposed source, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation/drainage district. 7. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Provide 50 -foot radius paved temporary turnarounds at all proposed stub streets more than one lot in depth. A permanent turnaround will be required to be constructed to Ada County Highway District standards at the terminus of Barrett Street. 9. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. In particular, no existing easement is shown for the Eight Mile Lateral. 10. The Eight Mile Lateral is proposed to be relocated next to a high-density residential development (Hope Arms) and left open, with the realignment making several right-angle turns. Detailed plans need to be reviewed and approved by the City and Nampa -Meridian Irrigation District. Nampa -Meridian has not approved this relocation. A variance for tiling this ditch should not be considered as it is placing a hazard adjacent to a development housing many young children. 11. Any proposal for a supplementary connection from the City's water system to the pressurized AABALLAW.PBZ Mayor, Council and P&Z February 9, 1996 Page 4 irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. 12. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 13. All uses proposed for this plat are to be approved under the Conditional Use Permit process for a planned development. A:\BALLANT.PRZ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City E gineer Shari Stiles, P&Z Administrator Kenny Bowers, Fire Chief Re: BALLANTYNE-TROUTNER BUSINESS PARK (Preliminary Plat - By James H. Ballantyne & Partners) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY February 9, 1996 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 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 are to be shown on the Preliminary 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. 2. 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. Provide 5 -foot -wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Supply and distribution mains will be addressed pending the results of the analysis. A'. •,AALLANT.P&7 Mayor, Council and P&Z February 9, 1996 Page 2 7. Sewer service to this development is contingent upon positive results from computer model analysis. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Street signs are to be in place, water system shall be approved and activated, and road base to be approved by the Ada County Highway District prior to any building permits being issued. 9. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 10. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 11. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 12. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the scheduled hearing. SITE SPECIFIC COMMENTS 1. The plat does not match the legal description and map for the Norm Fuller easement off of Meridian Road. Per Norman Fuller's letter of 2/6/96, in which he gives consent to annexation of his entire property, please provide a corrected legal description to include all of the property owned by N&D; Inc. Submit a notarized consent from N&D, Inc., for this annexation. Revise preliminary plat to show the boundaries of proposed zoning designations. The annexation and zoning request for this property showed L -O zoning south of the Eight Mile Lateral and west of the 1/4 Section line, and the remainder C -G. Lots should not be split by separate zoning classifications. Provide perimeter legal descriptions for each proposed zone. 2. Sanitary sewer service to Lots 1-4, Block 1, is not available at this time. Service for these lots shall be via an extension of the line in Taylor Subdivision. Sewer service for the remaining lots is proposed through Franklin Estates Subdivision. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. A:\BALLANT.P&Z Mayor, Council and P&Z February 9, 1996 Page 3 3. Water service to this site could be via existing mains in Franklin Road and Pennwood Street, with future connection to the Corporate Drive Extension. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. 4. The easement proposed to serve as access for Lot 15, Block 1, should be changed to a dedicated 60' roadway right-of-way connecting to SW Third Street. All streets within this subdivision shall have a minimum right-of-way width of 60' per Meridian City Ordinance. The Fire Department also requires that two accesses to this development be constructed prior to obtaining building permits. Lot 10, Block 1, is an awkward flag lot with only 25' of frontage. 5. Revise the Preliminary Plat Map to show all. adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots. Revise the Preliminary Plat to include all proposed and existing utilities including pressurized irrigation, with proposed source, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation/drainage district. 7. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Provide 50 -foot radius paved temporary turnarounds at all proposed stub streets more than one lot in depth. A permanent turnaround will be required to be constructed to Ada County Highway District standards at the terminus of Barrett Street. 9. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. In particular, no existing easement is shown for the Eight Mile Lateral. 10, The Eight Mile Lateral is proposed to be relocated next to a high-density residential development (Hope Arms) and left open, with the realignment making several right-angle turns. Detailed plans need to be reviewed and approved by the City and Nampa -Meridian Irrigation District. Nampa -Meridian has not approved this relocation. A variance for tiling this ditch should not be considered as it is placing a hazard adjacent to a development housing many young children. 11. Any proposal for a supplementary connection from the City's water system to the pressurized Ai\B 1LLANT.P&Z Mayor, Council and P&Z February 9, 1996 Page 4 irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. 12. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 13. All uses proposed for this plat are to be approved under the Conditional Use Permit process for a planned development. .At'BALLANf.P&Z 0 71 z , !. � i I�04 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 February 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Jim Ballantyne Boise 343-1884 10250 Whispering Cliffs Drive SHOP: Nampa 466-0663 Boise 345-2431 Boise, ID 83704 RE: Land Use Change Application for Ballantyne/Troutner Business Park Dear Mr. Ballantyne: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Citv of Meridian P14 -11L0 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 N&Dinc, P.O. Box 851 • Meridian, Idaho 83642 (208) 888-4892 FAX (208) 888-5424 February 6, 1996 Honorable Mayor City Councilman Planning & Zoning Commission RE: Ballentyne Troutner Business Park To Whom It May Concern; RECEIVED F E B - 6 1996 CITY OF MERIDIAN Regarding the annexation of the above mentioned Ballentyne Troutner Business Park, I, Norman G. Fuller, President of N & D, Inc., owner of the property at 417 S. Meridian Road, agree to the annexation of the 50' easement only if Jim Ballentyne of Ballentyne Troutner Business Park agrees to pay all the necessary fees to annex and zone my adjoining property (zone C -G) and as long as the legal for the easement is as per the attached legal description and preliminary drawing as prepared by Civil Survey Consultants. Thank you, Norman G. Fuller President, N & D, Inc. IIIIIIIIIIIISM-0 azza m���� 5W 00 0 rn 9 W W N W 0'22'35" E 115.79' 50.00' m co U)ca m to K � Z T 00 Iq cn cn cn D 329.43' 114.44' 1 50.00' 1 MERIDIAN ROAD N 0'22'35" E 162.32' 162.32' 1654.04' 0. 00 CA cn cn m CP W W N N 0� z; rn 327.27' " ^' CO v o j �— 0 Z C7U0� �W>n O m p= Z 0 _ O m ---iz;u r , —j SZ mo Z Z Z �. G) m om�� D r- 0mC)X C (A 0 Z --I —q n -0 O ---q ;U pU5p0 r m ®• M ® 0 D Z 327.27' " ^' CO v o j �— Feb 06+1996 03:46PM FROM Civi P -Vey Consu tants U c EASEMENT DESCRIPTION FOR NORMAN FULLER A parcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly corner of said SE 1/4 of the NE 1/4; thence S 0°22'35" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing S 0122'35" W a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89155'45" W a distance of 533.22 feet to a point; thence N 0°22'35" E a distance of 50.00 feet to a point; thence N 89°55'45" E a distance of 533.22 feet to the POINT OF BEGINNING. This parcel contains 26,661 square feet (0.61 acres). Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 6, 1996 CENTRAL CEN) RAL DISTRICT HEALTH DEPAKI HENT •• DISTRICT Environmental Health Division Return to: Piff TEhLTH Boise ❑ DEPARTMENT` Eagle Rezone # ❑ Garden city —$;Ileridian Condi ' al Use # _ ❑ Kuna Preliminary / nal / Short Plat.a�/DN,zir✓�-=r�=iZ �y����ss !���- ❑ 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 ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 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 �Zl 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: 1;4 central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water .,44 10. Street Runoff is not to create a mosquito breeding problem. ❑ 1 I. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 - I 15. k'✓ + r�Z 1-fMA ,+ � cel ��i' 0-/ A /5 Date: Z--/.2 Reviewed By: Rev1 heet CDHD 10/91 ab, rev. 1/95 HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. , , Treasurer GARY D. SMITH, RE., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA CHARLES R. ROUNTBENTLEYEE BRUCE D. STUART, Water Works Supt. ADA PLANNING ASSOCIATION GLENN JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO NAMPA MERIDIAN IRRIGATION DISTRICT DENNIS J. SUMMERS, Parks Supt. SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 U.S. WEST(PRELIM & FINAL PLAT) PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 -FAX (208) 887-4813 ' =' - - ' AM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. "BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443�AN 2} i9C JIM SHEARER GREG OSLUND YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District`s ROBERT D. CORRIE ii1A;+,; rPA 3x k'* L ;:, _ , r r<µ MALCOLM MACCOY CITY ATTORNEY project. Mayor T. - TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary/ Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT .Malcolm MacCoy, P / Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, PIZ CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF IREILAMATION(PRELIM & FINAL PLA) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District`s POLICE DEPARTMENT Eightmile Lateral courses through the middle of the CITY ATTORNEY project. The right-of-way of the Eightmile Lateral is 60 CITY ENGINEER feet: 30 feet fron the center each way. See Idaho Code CITY PLANNER 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian rrigation District_, 466-0663 or 345-2431, for approval before any encroachment or change of right- of-way occurs. All laterals and waste ways must be protected. Municipal surface drain- age must be retained on site. If any drainage leaves the site, Nampa & Meridian Irriga- tion District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. This District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Donna Moore at 343-1884 or 466-7861 for further information. /Contact Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ° r, WILLIA G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Firs Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney H! `? OF TREASURE VA" Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Da�t (208) 887_2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEjLEr, WALT W. MORROW, Pr;-Sident RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 7 COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Tro Aner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT:_ South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT Malcolm MacCoy, p/Z MERIDIAN POSTOFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, PfZ ADA PLANNING ASSOCIATION REOE'VEp TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT J A N Z 9 1996 RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO -(PRELIM & FINAL PLAT) C`�' " '+°'�P WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _.GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT SEWER BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY Meridian Water Recommends a 10" Water Main CITY ENGINEER on S.W. 5th St. 10" Water Main on Fulmer Ave. & S.W. 3rd. , a 8" Water Main on ennwood CITY PLANNER St. for tie-in. L Application to City of Meridian For Preliminary Plat Ballantyne -- Troutner Business Park December 15, 1995 Submitted by Jim Ballantyne, et al M VL 5 w • •2 O p C f-1 fV S' > U O3 > u " w O£"561 C£ 98 U o a �j 3 0 z N c� U 6Z'£997, 7v Q 9D octs a g ril v� sGs y?t c7; :it v U 4 PIE MS_ _ _ F, ............ w iO_ VO 00 `M0/ (V V Y' Lv ~ J ilf�O?I' D 08'4Z£ • LL I Gi i ,C.r i i uG'L .06 9 i ! i C� j OI 8££ S9 CON N I ! r I 0LO 1 00L ,O co CN w r �i N f I 4 Ms . nnoa os baa, ua6 nn5 '.K't .? s4' Iy:.'. y:.t "tet I Li�i it v ! N M i 0 e i to i CU 1 N O rA c \ \\~ Lj L9 L9£I p 3 x N C a N OIU5 - �otsinipanS a.iunbS uzj uaij 3 z m 4 u U U ^" o a 0 > iQ W "tl CIZ ❑ N CC� O O N MM� IOL M VL 5 w • •2 O p C f-1 fV S' > U O3 > u " w O£"561 C£ 98 U o a �j 3 0 z N c� U 6Z'£997, 7v Q 9D octs a g ril v� sGs y?t c7; :it v U 4 PIE MS_ _ _ F, ............ w iO_ VO 00 `M0/ (V V Y' Lv ~ J ilf�O?I' D 08'4Z£ • LL I Gi i ,C.r i i uG'L .06 9 i ! i C� j OI 8££ S9 CON N I ! r I 0LO 1 00L ,O co CN w r �i N f I 4 Ms . nnoa os baa, ua6 nn5 '.K't .? s4' Iy:.'. y:.t "tet I Li�i it v ! N M i 0 e i to i CU 1 N O rA c \ \\~ Lj L9 L9£I p 3 x N C a N OIU5 - �otsinipanS a.iunbS uzj uaij 3 z m u U ^" o a iQ W "tl CIZ ❑ N AL1 '0 M VL 5 w • •2 O p C f-1 fV S' > U O3 > u " w O£"561 C£ 98 U o a �j 3 0 z N c� U 6Z'£997, 7v Q 9D octs a g ril v� sGs y?t c7; :it v U 4 PIE MS_ _ _ F, ............ w iO_ VO 00 `M0/ (V V Y' Lv ~ J ilf�O?I' D 08'4Z£ • LL I Gi i ,C.r i i uG'L .06 9 i ! i C� j OI 8££ S9 CON N I ! r I 0LO 1 00L ,O co CN w r �i N f I 4 Ms . nnoa os baa, ua6 nn5 '.K't .? s4' Iy:.'. y:.t "tet I Li�i it v ! N M i 0 e i to i CU 1 N O rA c \ \\~ Lj L9 L9£I p 3 x N C a N OIU5 - �otsinipanS a.iunbS uzj uaij 3 z m n REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AHD/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting oz the Planning and Zoning Commission. The Planning and Zoning Commission, will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M. , Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION b�51k"s PCLi� ff 1. Name of Annexation and Subdivision..C?�'�A�t�1�11QT— v 2. ,' c4 1A-eir+a+'r,r RA . General Location, � �( r���k��v� � �W t _ 3. Owners of record, At�c�c t�,M�nt a 107 (L C�� S D� Zip5'Wyq Telephone Address, -so y ��v�; 4. i e�Sti Applicant, J%'rn Address, 5. Engineer,�,Lie�ly(h Firm f�u��ne Cvti ti��� 4iak, Zip 61 Telephone 6. Address . j wv� Name and address to receive City billings: Name Address loZSt) �'ng C4+ffS Telephone 3I _ 19 V'(" PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres Number of lots 3(j% 3 Lots per acre '[%V� • ��i } Density per acre 5. Zoning Classif ication ( s) �_' C C El. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictiaral mile, wnat is the existing coning classification A/y aK,o HZ T %. Does the plat border a potential green belt go 6. Have recreational easements been provided for A0 J. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? ExpIain For future parks?L5`_ E:,cplain 11. What school (s) service the area LjQk,�aA t;5f Ac, , do you propose any agreements for future school sites 1�6v Explain r12. Other proposed amenities to the City �'% Water supply WcllUl- Fire Department Tik tLAIn'ikz , Other _ r ice.. Type of Building (Residential,�ComTer(:-.ial, Industrial or combination) C.CFrn*-kA cd-) , }ric cP 'Ad �' L irtic AL1 14. Type of Dwellin(s) Sin ie Family, Duplexes, Multiplexes,other /� �, r� ��fl 15. Proposed Development features: a. Minimum square footage of lot(s), b. Minimum square footage of structure (s) ;r«1 c. Are garages provides for, _square footage141A d. Are other coverings provided for 1�0 e. Landscapinq has been provided for, Describe I I f. Trees will (be provided for, Trees will be maintained g. Sprinkler systems are provided for U h. Are there multiple unitsType ctrl remarks O(=Ft&g ',j+kuCWc4 LxA,+S 1. Are there special set back requirements��kD_ Ex p l a i n �rm Tf5m-t RW'4 e J cadi9fa&-4- 'ti, r-�.Iwj j. Has off street parking been provided for NIC ,Explain k. Value range of property JAAAaL�- VaLi.—i 1. Type of financing for development l t-'\Vky'&nW) M. Protective covenants were submitted -D4'-j� 16. Does the proposal land lock other propert454r`'ry`� Does it create Enclaves 4O. Nvu STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. _.. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) OP co , S -V ALME�S as required bti to standards cted ill be are to be cons tru Dimensions w nd sidewalks Ordinance. 5 feet in width• utters a Meridian N,ill be five ( ) 1. Streets, curbs, V, hway District and All sidewalks Ada Countybithe City Engineer. entNumber 1. determined 1 with Statem plan• 1im Ballantyne, et al, will Comply of Meridian Comprehensive • conformance with the Cry Num ber 2. 2. proposed use is in l with statement im Ballantyne, et al, will comp y Yes 1 l connect to City services, to ment will 1 with Statement Number 3. 3. Deve p et al, will comp y Yes _ 3 i Ballantyrie Ordinances' 1 with City ber 4. t will comp y 1 with Statement Num 4. Deyelopme° et al, will comp Y Yes lim Ballantyrie nate easements. will include all apprOp ber 5 • plat 1 with Statement Num 5. Preliminary will comp y yes -Jim Ballantyne et al, City grid system. must not co ntl1ct with Street names "R 1 with Statement Number 6 6. Stre will comply YeS -1im Ballantyne, et al, '4�'tai4 % -C i �,.` - --�, tip —6 , OP urs 0— ����' � Vc 51Vl < <'J� �rp�iv1 Y��+e�v��,,` ^ ^ -, , trr�y,c bQl, xUtY' MW l'- owners of Record Art Troutner Jim Ballantyne 707 Troutner Way 10250 Whispering Cliffs Drive Boise, ID 83712 Boise, ID 83704 (208) 344-5956 (208) 375-1966 Dennis E. Heeb David L. Nordling 3430 Americana Terrace P. O. Box 7705 Boise, ID 83706 Boise, ID 83707 Edward Jenkins Paul Troutner Richmond Lane p. O. Box 6106 Carefree, AZ 85377 629 W. Boise, ID 83706 (662) 488-9209 (208) 344-5764 '� J\� ENG ►�yF� HUBBLE ENGINEERING, INC. 9 CO 9550 Bethel Court . Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 Q �� SURVE"�O PROJECT NO. 9515200 JULY 11, 1995 DESCRIPTION OF TOTAL BALLANTYNE PROPERTY PORTIONS OF THE E1/2 W1/2 NEI/4 AND N1/2 N1/2 SE1/4 NE1/4 AND THE SWI/4 NEI/4 NE1/4, SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN PORTIONS OF THE E1/2 OF THE W1/2 OF THE NE1/4 AND THE N1/2 OF THE N1/2 OF THE SE1/4 OF THE SAID NE1/4 AND THE SW1/4 OF THE NE1/4 OF THE SAID NE1/4 OF SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULAR DESCRIBED AS FOLLOWS; COMMENCING AT THE SECTION CORNER COMMON TO SECTION 12 AND THE SAID SECTION 13 AND SECTIONS 7 AND 18, T.3N., R.1 E., B.M.; THENCE SOUTH 89°52'43" WEST 2657.32 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13, WHICH IS ALSO THE CENTERLINE OF FRANKLIN ROAD, TO A POINT MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 12 AND 13; THENCE NORTH 89°52'43" EAST 966.33 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89°52'43" EAST 238.33 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 0°05'44" WEST 338.10 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF NEI/4 OF SECTION 13 TO A POINT; THENCE NORTH 89°52'43" EAST 124.00 FEET ALONG A LINE SOUTHERLY OF AND PARALLEL WITH THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°05'44" WEST 324.80 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHWEST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT; TOTAL BALLANTYNE PROPERTY PAGE 1 OF 3 PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 89054'40" EAST 663.42 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SW1/4 OF THE NE1/4 OF THE NEI/4 OF SECTION 13 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°10'27" WEST 663.29 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE SOUTHEAST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13; THENCE NORTH 89°56'39" EAST 129.26 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 0°15'11" WEST 195.30 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13 TO A POINT; THENCE NORTH 89°56'51" EAST 533.24 FEET TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°15'11" WEST 50.00 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 89°56'51" WEST 533.24 FEET TO A POINT; THENCE SOUTH 0°15'11" WEST 86.37 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SAID N1/2 OF THE N1/2 OF THE SE1/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 89°57'58" WEST 790.85 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE N1/2 OF THE N1/2 OF THE SE1/4 OF NE/4 OF SECTION 13 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID N1/2 OF THE N1/2 OF THE SE1/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°05'44" WEST 149.45 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NEI/4 OF SECTION 13 TO A POINT; THENCE SOUTH 79°54'09" WEST 520.33 FEET TO A POINT; THENCE NORTH 8600'01" WEST 149.96 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NEI/4 OF SECTION 13, WHICH IS ALSO THE EASTERLY BOUNDARY OF FRANKLIN SQUARE SUBDIVISION, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 44 OF PLATS AT PAGES 5587 AND 5588; TOTAL BALLANTYNE PROPERTY PAGE 2 OF 3 7-- 1°� �' 2 o F 8 JULY 11, 1995 PROJECT NO. 9515200 THENCE NORTH 0°00'59' E1/2 ET ALONG TE SAID OF ECT ON 93 TO A POINT; BOUNDARY OF THE E1/2 OF THE W OF THE NE1/4 THENCE SOUTH 72°35'43" EAST 316.46 FEET TO A POINT; THENCE NORTH 0°00'59" EAST 613.70 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE SAID WEST POINTRLY OF BEG�INNINGNDARY COMPRIOF THE SING 01 ACRES (1,l/2 OF THE W1/2 7F THE 49.776 SQUARE NEI/4 OF SECTION 13 TO THE SQUARE FEET), MORE OR LESS. PREPARED BY: HUBBLE ENGINEERING, INC. PJS/GLR/VW.912.DES GARY L. RODENSPIEL, L.S. PAGE 3 OF 3 TOTAL BALLANTYNE PROPERTY Pei gNGllyF� 9s HUBBLE ENGINEERING, INC. y 2081322-8992 ■Fax 2081378-0329 9550 Bethel Court ■ Boise, Idaho 83709 ti �°S� O° JULY 11, 1995 PROJECT NO. 9515200 DESCRIPTION OF COMMERCIAL GENERAL- ZONE FOR THE JAMES H. BALLANTYNE PROPERTY PORTIONS OF THE E112 W1/2 NE11 AND N12 N12 SE1111 T.3N/ RRAW.,B 114 AND THE SW114 NE114 NE1/4, SECTION 3 MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN PORTIONS OF THE E0/4 AND THE WIIE W1/4 OF THE /2 OF THE NE1/4 AND THE N 1/2 DNE1 OF THE N1/2 OF THE SEI/4 OF THE SA ERIDIAN, ADA COUNTY, NEI/4 OF THE SAID NEI/4 OFSECTION DESCRIBED AS FOLLOWS; M IDAHO AND MORE PARTICULARLY COMMENCING AT THE SECTION CORNER COMMON TO SECTION 12 AND THE SAID SECTION 13 AND SECTIONS 7 AND 18, T.3N., R.1 E., B.M , NG THE NORTERLY UNDAY THENCE SOUTH 89°52'43" WEST 2657.32 FEET ALO HNE OF FORANKLRIN OF THE SAID NEI/4 OF SECTION 13, WHICH IS ALSO THE CENTERL ROAD, TO A POINT MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 12 AND 13; THENCE NORTH 89°52'43" EAST 966.33 FEET ALONG H D SAID NT BEING THE NORTHERLY BOUNDARY OF THE NEI/4F SECTION 13 TO A POINT„ A REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89°52'43" �`S 1 TO A POINT; ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION THENCE SOUTH 0°05'44" WEST 338.10 FEET ALONG 2 LI THE WES1 /2TERLY OF AND OF PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID E1 SECTION 13 TO A POINT; THENCE NORTH 89°52'43" EAST 124.00 FEET ALONGIN/4 OF SECT ON 1E SOUTHERLY 03 TO A F AND PARALLEL WITH THE SAID NORTHERLY BOUNDARY O F THE POINT ON THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NEI/4 OF �SECTION 13; ET ID EASTERLY THENCE SOUTH 0°05'44" WEST 324.80 FE NG THE SECTIONSI3 TO A POINT BOUNDARY OF THE E1/2 OF THE W1/2 OF THE N/4 OF MARKING THE NORTHWEST CORNER OF THE SAID SWI/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13; PAGE 1 OF 3 COMM. GEN. ZONE - BALLANTYNE n IPROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 89054'40" EAST 663.42 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SW1/4 OF THE NEI/4 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID SWI/4 OF THE NE1/4 OF THE NEI/4 OF SECTION 13; THENCE SOUTH 0°10'27" WEST 663.29 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE SOUTHEAST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13; THENCE NORTH 89°56'39" EAST 129.26 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 0°15'11" WEST 195.30 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13 TO A POINT; THENCE NORTH 89°56'51" EAST 533.24 FEET TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°15'11" WEST 50.00 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 8956'51" WEST 533.24 FEET TO A POINT; THENCE SOUTH 0°15'11" WEST 86.37 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SAID N1/2 OF THE N1/2 OF THE SE1/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 89°57'58" WEST 790.85 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE N1/2 OF THE N1/2 OF THE SE1/4 OF NE/4 OF SECTION 13 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID N1/2 OF THE N1/2 OF THE SE1/4 OF THE NE1/4 OF SECTION 13; THENCE NORTH 0°05'44" EAST 794.00 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT ON THE CENTERLINE OF EIGHT MILE LATERAL; THENCE NORTHWESTERLY ALONG THE SAID CENTERLINE OF EIGHT MILE LATERAL THE FOLLOWING COURSES AND DISTANCES: NORTH 57°28'49" WEST 44.80 FEET TO A POINT; THENCE NORTH 54°36'19" WEST 126.00 FEET TO A POINT; COMM. GEN. ZONE - BALLANTYNE ATT,W-%MW n 11; 5 os a PAGE 2OF3 PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 70°13'19" WEST 45.90 FEET TO A POINT; THENCE NORTH 58°07'25" WEST 152.90 FEET TO A POINT; THENCE NORTH 64°00'01" WEST 60.40 FEET TO A POINT; THENCE NORTH 71 °46'43" WEST 310.83 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; THENCE NORTH 0°00'59" EAST 26.45 FEET ALONG THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 72°3543" EAST 316.46 FEET TO A POINT; THENCE NORTH 0°00'59" EAST 613.70 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO THE POINT OF BEGINNING, COMPRISING 22.19 ACRES (966,735 SQUARE FEET) MORE OR LESS. PJS/GLR/VW/913.DES COMM. GEN. ZONE - BALLANTYNE PREPARED BY: HUBBLE ENGINEERING, INC. GARY L. RODENSPIEL, L.S. 14-r^'w-vlmwr 14 Pet Io os 8 PAGE 3OF3 ENGEp ' HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 • Fax 208/378-0329 9 Q, y� SURVEyO PROJECT NO. 9515200 JULY 11, 1995 DESCRIPTION OF LIMITED OFFICE ZONE FOR THE JAMES H. BALLANTYNE PROPERTY A PORTION OF THE E1/2 W1/2 NE1/4, SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN A PORTION OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SECTION CORNER COMMON TO SECTION 12 AND THE SAID SECTION 13 AND SECTIONS 7 AND 18, T.3N., R.1 E., B.M.; THENCE SOUTH 89°52'43" WEST 2657.32 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13, WHICH IS ALSO THE CENTERLINE OF FRANKLIN ROAD, TO A POINT MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 12 AND 13; THENCE NORTH 89°52'43" EAST 1328.66 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°05'44" WEST 863.27 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT ON THE CENTERLINE OF EIGHT MILE LATERAL, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 0°05'44" WEST 943.45 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT; r THENCE SOUTH 79°54'09" WEST 520.33 FEET TO A POINT; THENCE NORTH 86'00'01" WEST 149.96 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13, WHICH IS ALSO THE EASTERLY BOUNDARY OF FRANKLIN SQUARE SUBDIVISION, AS FILED FOR RECORD IN THE OFFICE OF ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 44 OF PLATS AT PAGES 5587 AND 5588; LTD. OFF. ZONE - BALLANTYNE PAGE 1 OF 2 040vcw.Av*w �� 8 PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 0°00'59" EAST 1341.22 FEET ALONG THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SAID CENTERLINE OF EIGHT MILE LATERAL; THENCE SOUTHEASTERLY ALONG THE SAID CENTERLINE OF THE EIGHT MILE LATERAL THE FOLLOWING COURSES AND DISTANCES: SOUTH 71046'43" EAST 310.83 FEET TO A POINT; THENCE SOUTH 64°00'01" EAST 60.40 FEET TO A POINT; THENCE SOUTH 58007'25" EAST 152.90 FEET TO A POINT; THENCE SOUTH 70°13'19" EAST 45.90 FEET TO A POINT; THENCE SOUTH 54°36'19" EAST 126.00 FEET TO A POINT; THENCE SOUTH 57°28'49" EAST 44.80 FEET TO THE POINT OF BEGINNING, COMPRISING 17.97 ACRES (782,793 SQUARE FEET), MORE OR LESS. PREPARED BY: HUBBLE ENGINEERING, INC. PJS/GLR/VW/914. DES GARY L. RODENSPIEL, L.S. LTD. OFF. ZONE - BALLANTYNE PAGE 2 OF 2 AMM4 sio p� of s i I f7l, 1, jq q I -:�- WARPAIM OECD FOR VALUE RECEWEV. RgNARD 1. ADAMS wd ROBEIRTA L ADAMS, huswm ww VA14. Grw"" Co fwl*tri WVC bw9vin- "4 Wd MPAY UM EDWARD CL JENKINS am BILLYE Q. an EAPRW 'A* VIACIM hWM. WhM iS bcaRsO in Ads C&oq. Idaho. Subpa b go *ja"30". nhmvxb". "Im will sasoffora, and MM ad o4v of max . wtAx*V but ncA wmgd 10 Svc eyeons and m"A00" murw Im patm ban ft Urded $WK. adav "UNM n me Foam. f-vtwmp. 011C•' . fL%ft.UderW$. Wdpower WO bans-""Cn W". SIM 111~14 Y1CQertr to Ww miusan co the TO HAVE AND TO HOLD IN u ore"aft. wm ow aMunwAvvm. unto the sw Csf&*M. "w hen. stsmessds and &S,gffl to -"W, Gtwwfs 00 twl*bY QW~ to 3M *On Gram" that fty we the O%wwfs in j@G sm" aro CIOAt from ans AND THAT THEY WILL WARRANT AND DEFEND the uaw from an Uwtul da rcunitwamm HOWEVEA, to trio facopions m" on Emw -a- attached hroo. -% wtwtsaftsf SUOUECT. -, 0 ' N V"ESS WHEREOF. Goarftrs r4v* h*Wjmo gjLoo~ thaL warranty Dees to clay of 1993 9 7 GRANTORS: FIRST AhlE;:—'AN T," E RiCmhV[) E ApAMS ROBERTA L AVAMS STATE OF IL)A,'O Cr ss co'my of Aaa Ontras j'C_cl day Cit bwore me. a NMrV ftbmG n of -d for 153'd Stale. D@rs*f%4,rY appeared RICHARD L- erd R69ERYA L ADAMS. Ic "m 10 be the P*fwfl whose names are sl-Od•W to Ine wmun wa ousgomV wmifunvnl. ilro Ackf0w*0960 to rnG 11121 114Y ezocLnw the %a" IN WITNESS WHEREOF. I ft2vs neffINF110 tort My hand Aral 1"mad ffjV o" col &" ff's clar And year in mis carlsouis ivil abws wrmon. NMry Pubic Res"Q as MY 17)7 om�son urea - lc*' . ......... *AAPANTY DCCD, A I Ik'[rY4cwndNar 13 Pa I Ob 5 ,, r 1 s s I I 1x18000331 ra-/911] Your Mo. TROUHM, n AL/iMnan SCHZDM s - section Z E(caMONS Any Policy we issue Will have the following exceptions unless they are take Care of to our sstielacticn. PART 1: 1. Saxes or assessments which are not shorn as existing liens by the records of any taxing authority that lavies taxes or assessments on real property of by the public records. Z. Any facts, rights, irite,rest, or claims Which are not shown by the public records but Which could be ascertained by an inspection of said lard or by making inquiry of persona in possession thereof. 7. Easements, claims of easement or encumbrances which are not shown by the public records. a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would dincloae, and which are not shown by public records. g (a) unpatented mining claims; (b) reservation• or exceptions in patents or in Nct9 authorizing the issuance thereof; (c) water rights, claims or title to wator, ahetner or not the matters exempted under (a1, (c), or (C) a -e Shown by the publi: records. 6, Any liems, or rights to a lien Cor services. labor cr materia: theretofore or hereafter fur1.'.shed, imposed by law and not shown by the putlie record.. continued The foregoing numbered exceptiol s 01-6) may to eliminated in an Extended Coverage Policy. EMIST B WVTWAMWr A Y4 t aF 8 q.; t y0'( TROtTTNER, FA -89413 AL/JENKiN Ilan and r 8�nd offal Texas !or ear 1997 ars an accruing •, not yet due or payable. r q Liens, levies and assessslents of the N e District. and the rights. mmP- xarldian Irrigation : by lev Provided, powers and easements of said District as Lnforsationj tAhona number 31]-180, for assessment 9• An Easement Over id land in favor of THE MOUNTAIN STATE9 raailitImsA nd incidental purpo ee a ecy010'ANY, for communication recorded October 11, 1979. �e instruset ment urth In n intrument Records. , Official 10. An STATES Fileenant ever said T2LMONE land in favor of THE MOUNTAIN facilities T�.NR#P!1and incidantai�puY, a Colorado, for an Instrument recorded September 1?, rpos" se Est forth in 0230857, Official IUecord&. 1982, as Instrument No. 11. Subject to the tlght N11e Latara'Y: 1lrr"`'""wwT B plk 3 of a 9029? r, Arm ASCORbllft3,AEiIJRIf'1'O; : Attammy P. O. EDs:.1943:L ,•r , 2UTT� CLAIM DEED GRANTOR: GLEN L. HUDSON sad IMA P. HUDSON, husband and wife. GRANTE8: GLEN L, HUDSON AND IMA p. MMSON, OLEN AND A9 =o TRUSTEo5 OF THE?MA HUDSON TRUST UNDER TRUST AGREEMENT DATED MAY 19, 19P9 AND THEIR $1183TITUTES AND SUCCESSORS AS TRUSTEE THEREUNDER. GRANTEE'S ADDREes. 4850 N. Bleck Cat Road, Meridian, Idaho 83642, DESCRIPTION OP RtXL PROPERTY CONVEYED BY T141S DEED: M portion of the Northeast Ouartex of SoMon 1-3, Township 3 Ti Range 1 wast, B619e Meridl=, Ada Count/, Idahn, more P46-Mcularly der::�sd as follows: Cot M"Ciag at the East quAner corner o; said Section 13, s_•+ _�-, being common to Raid Section 13, T. 3 N., ; R. i tv., B.M.. end T. 3 N., R. 1 K., B.M,; thence North 0°22'35" East, along the Section line common to $aid se:=c,:_ an 18, 1000,23 feat to a pcint, said point baing On the Southeast:,;r.e_ the North half of the North Half of the Southeast Quarter of the ?:,-•,,�5- : Quarter (N 1/2 N 1/2 8E 1/4 NS 1/4) of sasd Section; thence south 89047,06" West along the Southerly line of said N 1i 2 sf 1/4 NE 1/4 t< °xtion 13, 533.24 feet to a point,j said poen- Seinq re REAL POINT or BEGINNING; thence ecotinuiO4 along the sand beLng ' line South 69047'06" West, 790.57 feat to a POI*— being :he Southwest r cornet of the 11 1/2 N 1/2 98 1/4 NE 1/4 of said Se=on 13; then_" II North 0013148" Bast, Along the WOSMlY boundary of sal_ 5E 1/: '.e HE 3/4, axtanded, said IM; being the 1/2611-10 of said Sectson, ;51.16 !eat o a point on the center Una Of EIGInT MILE LATERAL; thence South 57008'4610 Sast along the Center lin$ of EIGHT MILE LATERAL, 786.38 feet t0 a point ou the NortherlY boundary of said N 1/2 N 1!2 53 i14 NE 1/4 of said Section; thence QUITCLAIM DEED _Page 1 of 3 Pages , �� li I'1 t:5'- � :. � _ ".:fir .'r' • • F}: •: 4 tpin Nwtb Of the • Fri. �'�.�� `-._ 'W .i`.. i(': �'ta,'r• l f •� p '�..:: '' ��a�oM st .aisti 4 . L e�. iald saetlen 13 t?1•aa frrlrikeq 1"IsmudY boundary of "id mon tl' iii !Ya"-RJLAL POSltT Of SSGaiNAiOi :tbatia '; ' � Noxt1# 09•SSl83" ItYL s►3]:I=' IMCt ��i"` ;a,' '• . RUW= ' TO an •aaam nt id' favor 0C N i V, Zw,, an Idaho corpnrabca, for to" as "t t=tb in' Qurtc]aim nand roordad AVVUSt 17, 1979, as I. Wtr,.m.ttt No. 7945612, OLWAI Rw=rds of Ada ComWo tdabo. subl'Wt t0 an SUg.wsbranoaa tbsnOtl: POR :VALV'P • 3MCE1VSF., tb• abovewaamed Grantor does rig:62—Y Md fesWYaz QtT!'PCLAztt Unto th• above-named cra cee, tt•s Y'sg pr--.srtY above lUrser>bad, ttogwLtIm With tb• apPUut•nar.Cee. This daid is givan for "tat* PI&MAnq purPO"s to vast t'U* to LLL prop I _a a vocable livi»q trust •stabliab•d by GMtor Pd►�as• Thnre no valuabW Owd•rat>aaI.1a:asab or P=•oP+ly. • - DATED:�•M+gl.:�1989 , GLEM L. •' �, ^+:"• .•,lti.r . �''r-lix,+•T�'{tYiy' , i' fr:.:?!t" �� .r ,Y ^':' . 'r•t•/. �:,I'�` r �,,. f ♦i1Fi►.Jt. tfitV+. /'B se- 4{fttm-1 of .3 Pa4ss .rJ$w`.�Yr ai L i ., •'" � rV7,T�TA41 DSSD ... sr;i.. •'4''� :.'C•:. --- .. � � _ _ L ter ,ky �•�,� �,, •;,• •. �,••, y J �• •.. ^� „.• `: • - y ...•n��� �,., �•tp >-•`,Z''y�re'•>vk3�'-:q• ., .`R�'LTa�' •'�:T..'i�Ta!►•�'r.' - — -- is 17 11,17 ��,z STATE or mAxo COUNTY OF ADA On thuday of may, . ma, u -4. -a MotarAlblic in and for said stat*, P4mn&UY appeared GLEN L. MMSOM =4 IKA P. K=30N, knmm at Identulad to as WAM tht Persons whose "Am an sub- scribe m the within inst=ant, and ack- nowl 9 to me that th W the Residing at , Q s..nCemm. Expire: ueor, QUITCLAIM DEED - Page 3 of 3 Pagan -,C4� 6 9a bcF 8 11 r'9 xdia'� ^ . ti aoe's`•r'' ;; ei?'sat,�bagain', ti �, raSipSilptf>14SA�,t,a�rtpra..S�,S1�.��4>7 "3.Atarlst>k��JltltE.6 ;'ti'».T R,� LhtisbiM-"82A , ' ?has;•'lO�s;9,`Z912w:�uteldlvit=ed�� �d'��Rx; B11Li �riinswan' . –� - – i�i�! � W.. rw vi—marZiif~C=QBCT'a 9 . aa�rto:'a .: ktndivided Eis>rtereat whose: ~�jo r,• La>l�d Codpan �'' �7Z0 Pairy a+�urreaC• addresses az y $ailaatya♦ j�l .,r •Y*+�• Y ieMf' flve>aue,:,8oise, iA; 63706 the gr>salees,' the follwiiag.� dGAeribed prem"", to -wit: All that part of t". Southwest quarter of the Northeast quarter of the Northeast q"Cter of Section 13, Township 3 !forth, Range 1 Hest, Spier Meridipn, Ada County, Idaho, 1YL49 North of the existing center line of Eight Mile Lateral of tba Nampa and Meridian irrigation District as the saste is now eonsttUcted over and across said isnd. Said parcel is apprpsimately six acres, more or less. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise apper- tAiningi and all water, water rights, ditches and ditch rights appurtenant thereto or confincted therewith- subject to all Casements And rights-of-way of record or appearing on the land. SUBJECT TO that certain Deed Gf Trust wherein N 6 li, Inc., an Idaho corporc•tion, is the grantor, Tirle and Trust Company, an Idaho corporation, is the trustee, and Euqene P. Ross and Barbara J. Ross, husband and wifri, are henfeficiari.±s, dated the 16th day of June, 1992, Record, of Ada County, Idaho, ani_ the d, -ed of trust indebtedr.e►a sccured thnreb.�, wh;cb Dnr=d of Trust and deed of trust indebtedness is not assumed by Gza:ttC[G hereJn. Grantor does further convey unto strict Grantees th. . cc: [alr Ocisentent. r,roating ingress and ogress ro.* Iways for sd.d premise., as particularly described on Exhibi•. hereto and by this reference incorporated herein. TO 11AVE AV:) TO 1101.r) the rwrid premises, t, ith their frlrpurtctr.inees unto the vud Cratiti -t; their helrp and assign. fnra%vr. Arad tp,. .:•,,1 Crantor dnr_g sivit-1 r,n,•,.-r.1 t„ ,nrd M-ith the acid Cranims . that xble it is thr urtnrr in rtr -inti„ c ptentiser.wefree fro mn1lincun.hrarrcest, except current taxes and assessments, which are a lien but not yet duo and payable, Una easements and re�c;tr-do:i5 of racord or visible on the premises. and that /;t% will w4172111 and defend the rhrrie hvrn .tll tats rul el:rirrr %,hatst•tr•r. -Wc Dated:, 1982. .._�_ . _ _....... _ _N6.. D, INC, .KOR.SPENC ,_.Se.cretarK LL R,_ esAe,t S7'w'tE gF lualtb.'totrr:TY OF ADA � gTaTtr or tnatt��. coUSTV Or Op this r •M t1'1 -r day of June . 1992. I 1 herrh,• trrtrry that hi: instruh.t-n; r.. f:.J I.r r.,,,r,t et 4eror, n,a, a anti ry prtdie in and for .ald SWIF, perur..ny I thr r. qq.., of Lawyers Title t}.ptartd `•AbkMAN G. FULLER and SHANNON f „ s%N1 R ) 40Wn'1 G0 ,fqO to be the Presi– r al .� Q ruin rt, a vast clnck�w„ ltrt�+a}tt�•. �ecrecary, respective:! , Of this /�} day of he abbVe-named Corporation, anQ rr. my Wricc. fir r{ul) re,•.,rded rn 13. �. of nrrda at pale kn�nn�Q�t11�. k Lha, en6 wh ri-mes are j rY atr, , n jjhr��•i RRrr IF,4r �� ^nr�n�ltared t. ' _ JOHN BA$TIGA 1 me that said corpoTption tarct,r,d tl,e ,y,,,c 1'w-pRiuo G�.„rdrr – a_. ,t,• � 1�atarY Public iltaidin,t at Boia�d'+hu ` I'rr■ { V� Iy'�"t'• reason. F,anirea --. i !t►d W. tau ^ 77 v9: fir �. �.,, i.•'^ .r.R�'.., : r i r .Y , .,.. ,C i.. ►'.. ,•s,,.,-�.,. ,;t; �: <.. _ :, 9 5 0 2 8 9~910 ADA Gam. '!:'LORUER r' IMCC903m i29MTLD M I DAVID H 9VAPRO 1964000$44 Tronas newt. BOISE Wm mccC7mm W.1m To.. 4�'tt� L a 095 6� Fill $237 DMtM=Ott 0111 FEE.&, _ MOtSi, lA 0]70i-15�! t[CORDt% . JEST OF MIL Tm nATit'Stm TO; "real K Treuease 04 10" K Teautnor 92f best Itichumnd Lane 901", 30 03706 rarest 10".41014411 TKMr TKV48MR DRED coeRaeentary tsansfer tea le none. Me Consideration. ►owl K Troutnner MM fan• or -r6u4Mr, hwbud and rate hereby WIANT heir llitereet in the below described property to "Paul K T4autnor and lone M Troutner, •a Trusteaa Of THT TRUST of PAUL l 17Nt TROIlT1sR' the 90110wing described property, in r;p County of ADA, state of Idaho: Jul that past of the W4 of the NA4 at the MEti of section 17, T a M. a 1 w, aolse werid/an, ads County. Idaho, lying wortn of the esistinq center ;Any or tight trite Lateral of the laspa and 11•tidlon rrrigatien District as the sax to DW Constructed ova" and aereas told land. 3sid parcel is approrlaarely ala•crew, ssete er less. .,Together with ell End sinqular the tenerhts, leredttaarnts and oppurten4m..• 'thorounto belonging or in anywtse appertsteinq.. All water, vater right, d"CheS and ditch ri9ht4 46pwrteMnt thereto or Conn.cteo ThIrewl:h. 7ublect to 611 easeeente and rights or way of rac'.rd or appearing on 'n. ;.'id. S110J1[T TO that certain Deed of Truot wherein M i D, Inc., on Id.h& cc -potation, fa the grantor. Title gnu Trust Company, an Idaho carr•�r.�,:•n. the trustee, and Eugene P. Ross and Barb -t& J_ Ross, husband and wlf.. Are Ooh•rlr,Nftes, doted the 14th fay Of June. 1982, Records of oda county, �ahe, i and the deed of trust indebtedness ssaured thereby, which Deed ar Tf' dr Ana deers of trust lnd40tedness is not assemr►d by Grua Aan herrn. Granter does further convoy unto -Aid Grantees that cert Ain wAn.want-r,tl!Iq ingress dad •gross roadways tar the bonofAt of sold premises, -a pA:;tcularly described on tah)bit 'A' attached hereto end by this reference in—rporared Mreth. �/ Dated: J*'.- Pau: M Tro�•�' Y OTATZ or tD,Nro tnar�. cow r on before r, peraonally. 610P.Ared p.u. R Troutner and leve W TsoutMr known or I et 460 iC pe,4or proved to w on the .osis of satisfactory eVidencel t0 be the Nrltinfil i+neee name(s) Or eubstribed to the within instrument, and acknwieCdpud to�aa *stat tpey eMecut,y the Mare. In ritnass whereof I have hereunto aee;v aly h&-and'fraxad any offictol seal the day and year in this eortiflskC: fest abq{e rrl[ten. c+ r t 1 C..? wmE I of AFFIDAVIT OF LEGAL INTERST STATE OF IOAHO COUNTY OF AOA* ) 0 [address) being first duly sworn upon oath. depose and •ey: letetel tyl ro er! described on the attached. end I gran! 1 , Thet I am the record ovn•r of the P P y my Permission tP 10250 Whispering Cliffs oise ID 83704 • to 1 ant ne (addressI Imeow l to submit the accompenytng application Pertain Ing to that proPsrty' defend end hold Martdien City end it's •mployems 11Orml•se Z. 1 agree to indemnify' resulting From any dt•pute eh tsubds siok.smenta Plication c 'a,, or I t ab t l t ty of the property i cF+ i• ! e ec! oF therrom ePP herein or as to the 0— rs ip S�/ /%� � . 19_.1.x• Dated tht• fey of fore me the day and year First abovs written. CSCR IIID MO raW01iM to be Noleru Pubh= : f or t deE+? Residing at 7_,;27 My Caw�it:e t w, Exp t --q. J t t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t C PSE ��",- AFFIDAVIT OF LEGAL 1NTERST STATE OF IDAHO I COUNTY OF AOA* -y 'B�LC.r-rn�r�lNC (eddreeel (name) beano fire! duly sworn upon oeth, dopa•• end say: (cttyl ' latetel . 1, Thet I sm the record owner OF the properly described on the •!!oohed. end I prep! 10250 Whispering Cliffs my permission to Boise ID 83704 Jim Ballant ne (address ( trema( to wbmtt the eaeompeny►np opPl►cotton Perletntnp to that Properly. hold Mend►en G►!y end t!'• employee• hermie�e 2, I •Oreo !o tr,de..ntPy* deF.nd end From any dt•pule ee !o the elor the :pPi^cel,o^ From any clot, or lteb►l►ly resulting ° Kay wh►c ►e the subject ° herein or oe to the ownere t of the Pr P S Ott pe!•d thta IeM N,p SWORN to beFore me the da51 and Weerfir-atabove written' SMSM Publt,- io . My Co�►bele.n.E.�pe••ee. ' � � r ry AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO l l an COUNTY OF AOA- l I. /-> (name] (address) ) . betno rtret duly sworn upon oath. depose end ::arm GLS (city) (atetel (, That I am the record owner or the property described on the etleeh•d. end l grant mt , oerm i es t on JLo 10250 Whispering Cliffs Jim Ballantyne Boise, ID 83704 (memo) leddr•s•) to submit the accompanying application pertaining to that property* 2. t corse to Indemnify, defend and hold Meridiem City end it's employees harmless From any clota or liability resulting from any dispute as the to thecte stateOF eats Cam cat or as to the ownero;tp of the property h in Dated th t • �fey of (stgnetursi S BeRlgM AND SWPN to borers me the any and year _tir6st ebovs written. j:JA_L Note, (�ublie x ;doho_ Reetdtng et c �4E My Cow';w o in 6n Exp i•r�" � v[ MAY -05-94 THU 08:39 AM REALTY. I.BALL.ANTYNE.00 3733708 P.J I AFFIDAVIT OF LEGAL 1NTERST STATE OF IDAHO 1 COUNTY OF ACA `••� a n r1 ► J Z geli v iramel laddreee) fJ7o� l I bstna Flre! duly evorn vpo•+ I JP O Beth. depose and eey. (c i tow ) l stet• l ! . Tl.at t om line r.•.rJ w—ft, or tl.. W-eperty deear►bsd on the etteahsd. and i grant my Parelteton Lp _ . ,10250 Whispering Cliffs JiM Ballantyne _ Boise, YD 83704 t nems ) 1 n►d.i.eee 1 t„ eub-►! lt.e ePPt►eet►w1 to Chet Property. 2. t apr+e to tndomn►ry, dere.nd end hold Maridten City end it's employees hermleee From any claim or ltobility resulttno from any dtsp�ts as to the statements corta►rftd r r I heroin oas to the ownership or the property whlcf+ t• the •vbjoct of the *VPl►cat►on. i Dated this ` day of l9.'.L..—,• (51 l SIBSMiMD MD SWORN to baro• me the Joy and year rip -et above written. t=ry Pubite far 140he Reaidlnp at C;omm►er►s.. ExP►rso► 9N C PA(no5 0►3 AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO I ) an COUNTY OF AOA' ) 1,0 (nems) (address) being First duly •warn upon �� oath, depose end say: (city) lst:otsl 1. That I so the record owner of the property described on the attached. and I grant my permission tp 10250 Whispering Cliffs Jim Ballantyne Boise, ID 83704 (name) (address) to submit the accompanying eppl►ast►on pertaining to that property. z. Fro�reenylele woe or►liabdefend end ilityyy resultoing From any dispute on to thld Marldion City and It's elelelemenlslcontained heroin or es to the ownership of the property which to the subject of the epPl�cat�on. Dated this SUECRIBED AND SNOW to before me the day end yuer First above written. Nolsry Puo ►c or Id.►ne Res�d►np JL UkMElJf C. MAtter. b �s } AFF I DAV I T DF t_EGAL, I NTERST STATE OF IDAHO l COUNTY GF ADA l (nems) i e—� ru k �aR�)q� t 4 � L toddrewel Cal I est �l� balk. feceduly sero upen oath, depose e end soay: (cetyl wtot�) 1. Tkat l em the record owner or the property described en the attached. and I Grant M4 permission to 10250 Whispering Cliffs Jim Ballantyne Boise, ID 83704 I�eTa► (address, to submit the oeeempe•+yjno epp h Batton perZelntno to that Property, 1 2. 1 cores, to tndemntPy, defend end held Meridien Ctly end tt•s ampleyeae hermlss Prom any cletm or ltebilILy resulttno Prem any d:spputs as to the statements :onto tred herein or so to the ownership OF the prreperty whtcF+ to thin subject OF the eppttcctlon Doted this _____L dey of �tpnaturel raftESCRIBM AND SWORN to before me Lkv day end year Ptrot above written. Notary Pub It. r Idakft pastdimv el C is �,� 7 �h Co ,estop Expire*:. r t i 1 17 it t ejT--.--o AFIA DAVIT OF LEGAL STATE OF IDAHO � as COUNTY OF AOA 1-4 ]NTERST /tenr' �fa')�' ' loddrsesl 1. (Hemel bo►o First duly sworn upon b�AlL1 J I1 8��7'�, oatnh . depose and 06Y: letetei (city( t. rh et I em the record --,or of the property described on tho otleched. and I grant ,,,y porw►eetcn tp Cliffs 10250 Whispering.� Jim Ballantyne Bolsa, sddrsse� InomeI to submit the oeoompenyt"o eppt►cet►on portetntng to the! properly. ! to ass I+ermles• roe to ►ndewntF dsCsnd and hold Msrtdten Gtly end ►!'e smp y I e0 y' crow any diepulo as to thectto sthe'ontePP "Catr►on- iron any eletw or llob►I►ty rssultln0 o rty-4%,mo+ to the e'rk'J herein or ao to t ownreff+,►p or the ,Pr P peted this ad S(ESU�I� MO SCORN to Mors sus the day and .,Wur ftro! above written. Ila Not y i�ub 1 t c ror I deka Ro&IC, mg at Cowmtsoton Exptrw•; o,(/my /(v C 1 LEGAL OWNER AFFIDAVIT ANNEXATION REOITEST AFFIDAVIT /K C,�'[o -F'w C ' 1, Alter, do hereby certify that 1 am the legal owner of the land directly abutting the Jim Ballantyne, et al, property with access to Meridian Road. 1 further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho, for C -G (Commercial General) zoning. STATE OF IDAHO ) ss. County of Ada ) , 19 �r before me a notary public in and for ON THIS da of , . said State, personally appeared known to me to be the persons whose names are subscribed to the with. "instrument, and acknowledged to me that /�E,— executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires /2 .�/ , l9 L My Nowy Bond Expires Notary eublic for Residing at D /�� /����� ,Idaho 19 I I I I I I I I I I C u AARON T & JACQUELLE D SHARP 696 FULMER COURT MERIDIAN ID 83642 ALVIE & MADELINE SCARLETT 41 ROSE CIRCLE MERIDIAN ID 83642 BRADLEY C & JODI MICHAELSON 46 ROSE CIRCLE MERIDIAN ID 83642 BRIAN D & KARI L WASE 490 LYNHURST PLACE MERIDIAN ID 83642 CAROL A SETZKE 512 KEARNEY PLACE MERIDIAN ID 83642 CHARLES M & DENISE DAILEY 623 FULMER CT MERIDIAN ID 83642 CHERIE MCCURDY 580 LYNHURST PLACE MERIDIAN ID 83642 JANINE B & MICHAEL J WEWERS 550 LYNHURST PLACE MERIDIAN ID 83642 CHERYL A MCCORMICK 655 HANOVER CT MERIDIAN ID 83642 CRAIG M & DEBRA L CAVANAUGH 581 LYNHURST PLACE MERIDIAN ID 83642 DALE A BABCOCK 651 BARRETTST MERIDIAN ID 83642 DAVID J BROOKS 531 LYNHURST PLACE MERIDIAN ID 83642 DAVID D GATES 552 KEARNEY MERIDIAN ID 83642 DAVID W & CARRIE STUART 624 PENNWOOD MERIDIAN ID 83642 pycqtsQd Sj 6divoS1") 'Pam ( C DENA S CROASDALE 633 BARRETT ST MERDIAN ID 83642 DENNIS R & CHRISTINE A DIXON PO BOX 350 MERIDIAN ID 83680 DIANA J STANLEY PO BOX 647 MERIDIAN ID 83680 DONALD I & CHRISTINE M MACE 530 LYNHURST PLACE MERIDIAN ID 83642 DONALD L & MARY E BENNETT PHILLIP LESTER WOOD 4750 S MAPLE GROVE BOISE ID 83709 DONNA M & AARON F HAWLEY 676 FULMER COURT MERIDIAN ID 83642 DOROTHY F WATERS 622 BARRETT ST MERIDIAN ID 83642 EDWARD & MONIQUE LOUGHNEY 10012 LAKE SHORE DRIVE NAMPA ID 83686 ELEANOR J MARTIN 50 ROSE CIRCLE MERIDIAN ID 83642 ELENITA WESTBY 693 BARRETT ST MERIDIAN ID 83642 ELIZABETH A HEWITT 691 BARRETT ST MERIDIAN ID 83642 ERIC C & MELANIE L ATKINSON 692 HANOVER CT MERIDIAN ID 83642 ERMA C CANFIELD 654 PENNWOOD MERIDIAN ID 83642 GAIL J MCNITT 492 KEARNEY MERIDIAN ID 83642 t t GARY E & KANDRA E FRANK 51 EDEN WEST ROAD PESCADERO CA 94060 9727 GARY B FREIRE 467 PRINTZ RD ARROYS GRANDE CA 93420 GEORGE S & LORREE G FISHEL PO BOX 673 MERIDIAN ID 83642 GLORIA JEAN LACY 623 BARRETT ST MERIDIAN ID 83642 GRANT R & LISA DAWN CURRY 511 LYNHURST PLACE MERIDIAN ID 83642 HENKELS & MCCCOY INC C/O JOE PAULITTS 965 JOLLY RD BLUEBELL PA 19422 HERALD J & KELEN B COX TRUST HJ & HB COX LIFE ESTATE HJ & HB COX CO TRUSTEES 48 ROSE CIRCLE MERIDIAN ID 83642 HOFF COMPANIES INC 280 E CORP DR SUITE 200 MERIDIAN ID 83642 HOPE -PONDEROSA OREG LTD GUARDIAN MANAGEMENT PO BOX 5668 PORTLAND OR 97228-5668 JEAN L & BARBARA BIDONDO 40 ROSE CIRCLE MERIDIAN ID 83642 JOANN BULL 634 BARRETT ST MERIDIAN ID 83642 JOHN A BALL 673 BARRETT ST MERIDIAN ID 83642 JOYE L SNOWBALL 624 BARRETT ST MERIDIAN ID 83642 JUDY RAE COLWELL 631 BARRETT ST MERIDIAN ID 83642 KARL B GYLLENBURG 672 BARRETT ST MERIDIAN ID 83642 KATHRYN WILLIAMS 44 ROSE CIRCLE MERIDIAN ID 83642 KENDALL B KELLY 604 PENNWOOD MERIDIAN ID 83642 KENNETH E & L FERN DYE 38 ROSE CIRCLE MERIDIAN ID 83642 KEVIN J EVERSON 3217 STARLIGHT AVE CALDWELL ID 83605 KEVIN S & RHONDA L HERRIOT 658 HANOVER CT MERIDIAN ID 83642 KRISTINA D KECK 551 LYNHURST PLACE MERIDIAN ID 83642 L DAN & LEAETTA L ROWELL 1136 E CAYMAN DRIVE MERIDIAN ID 83642 LAWRENCE & J DEANNE RACKHAM 1260 S EAGLE MERIDIAN ID 83642 LESLI S & GREGORY B O'NEILL 207 MORGANS TURN PEACHTREE GA 30269 LYLE E PETTY & JAMES D PETTY 2896 ITHACA BOISE ID 83709 MARIANNE WRIGHT 632 BARRETT ST MERIDIAN ID 83642 Pu��z�y MICHAEL P & LINDA L KLINGER 4171 CRESWELL WAY BOISE ID 83704 2404 MINNEBELLE HARDY 49 ROSE CIRCLE MERIDIAN ID 83642 MYRON R & MORIA R VINCE PO BOX 1240 EAGLE ID 83616 N&D INC PO BOX 851 MERIDIAN ID 83642 PATRICIA A SIMS 671 BARRETT ST MERIDIAN ID 83642 RANDY WINWOOD 1401 59 ST N NAMPA ID 83687 RAYMOND J & PAMELA R KUTCH 625 HANOVER MERIDIAN ID 83642 RODERICK S & PEGGY SUE YEAGER 685 HANOVER CT MERIDIAN ID 83642 RONALD S & RITA LAFEVER 560 W FRANKLIN RD MERIDIAN ID 83642 RONALD C MANNING 626 FULMER COURT MERIDIAN ID 83642 ROSA ROGERS 652 BARRETT ST MERIDIAN ID 83642 RUDOLF & ALVES LAURA ZANTMAN 510 LYNHURST PLACE MERIDIAN ID 83642 RUSSELL E JOHNSON PO BOX 381 MERIDIAN ID 83642 SCOTT & SANDRA L ABBOTT 693 FULMER ST MERIDIAN ID 83642 SHERYL LEA MOORE 656 FULMER COURT MERIDIAN ID 83642 SHIRLEY HOOK 635 HANOVER CT MERIDIAN ID 83642 STUBBLEFIELD DEVEL CO 2258 BRADFORD AVENUE HIGHLAND CA 92346 TERRY LYNN HARPER 582 KEARNEY MERIDIAN ID 83642 VERA M SCOTT 54 ROSE CIRCLE MERIDIAN ID 83642 WILLIAM & MARIE MARTINDALE 633 FULMER CT MERIDIAN ID 83642 WILSON C & WILMA L BEVINGTON 2567 REBBECCA MERIDIAN ID 83642 ROBERT E & EVANGELINA MAXFIELD RT HC 67 BOX 2050 CHALLIS ID 83226 ALLEN LEE & DIANE CENTERS 325 S MERIDIAN ST MERIDIAN ID 83642 JOHN D & SANDRA J GOADE 5855 BECKY MERIDIAN ID 83642 JOSEPH B & CAROLYN R CHANDLER 598 W FRANKLIN MERIDIAN ID 83642 HAROLD W & PHYLISS C BRISCOE 650 W FRANKLIN MERIDIAN ID 83642 LLOYD O & LORRAINE K KENNEDY 702 W FRANKLIN MERIDIAN ID 83642 po 5 3 � -( MERIDIAN BOWLING LANE S INC 2710 LAURELHURST BOISE ID 83705 WILD SHAMROCK PARTNERSHIP 12301 W EXPLORER DR # 240 ' BOISE ID 83704 MICHAEL JAY MOORE 532 KEARNEY PL MERIDIAN ID 83642 YOLANDA N SCHILDHAUER 636 FULMER CT MERIDIAN ID 83642 ANGELINE M GALLAHAN 653 FULMER CT MERIDIAN ID 83642 I LAURA M YELTON 673 FULMER CT MERIDIAN ID 83642 MICHAEL J & STACY J SAUNDERS 678 HANOVER CT MERIDIAN ID 83642 KL JARRELL & BG BIGGS TRUST HCR 33 BOX 1309 BOISE ID 83706-9706 RANDY D & BETH J WARE 10464 SHADY BROOKE DR BOISE ID 83704 JEAN E WARD 53 ROSE CIRCLE MERIDIAN ID 83642 DONNA M WIEBER 37 ROSE CIRCLE MERIDIAN ID 83642 PS No, r C—(; . 5. 17 RI y T i -3 SRRETT _ ST I '7 6 5 3 20 11 1-14 1213 14 154♦ ILMER CT. 12322 116 I2T 28 3 31 W)VER 34'.18 �37 36735i� 34 w 43! 44 NWOOD ST I l 2 J _ 1011 91.4 20 Jam' =\A . Y / 7116 -7. c=cv c•� cow pro • l2 ADA PLAtoN4 ANN. � JUL 05 C . G r _2B- AN LANE ->OCs-�► -10E- It fR6 4 3 2 ETT ST. 6 15 4 3 2 1 10 II 12 13 14 15 4 ER T. IE 22 fP� ,,, is 17, 27 28 29 3031 OVER CT '38 37 36 35 34 3? Q 4344 IWOOD ST. Flo,- �12 .13 (2' 9, i4 Ol - 'r ... 81 15 7,16 �pF RT RI 304 N P A y c' ` VAC VAC- �+ Lik 'ST .�,Z�c�oWoe�o W'A AMWAmwa I D 12PC PF"TyPo eb row., � 3 row., Cmy of 1 ftoib --- 4 ADA PLANNING A9C�J. i JUL.101995 ' M SS2-S JUL 1 �I •1 - —71-,a i 1 1� 05 d;146�a 3 .1 ,APR ETT ST ■ 7 65 4 3 2 10 II 12 13 14 15 4 II WULMER CT. - F23122 iI0 18 I' i 26127 26 1 29 "' O1 HANOVER CT 39!381371361 134 ?2;43144 ^� 6 7jj INNWOOD ST -1,112 5 10113 i, w 9 i4'2U� ' 8,15 7 16 ;81 c -p DT R.5I 21 a aFkopppTy f sLopo3m roK., CnN of Aunur) 1AA 1, 2 ADA PLANNING ASCN• i JUL,101995all I L s= sI J U L �i 1 I Iv v i (' 1 ` I VAC Lt VA C. n cli 7�-?: - z Ai ST. ei5� 03 4O©08'� � � I 1� S ' I t... i � I 3 ! ;ARRETT ST 6 15L12 4 3 2 I 4 10 II13 14 15 it ULMER CT, — M 23 221'26 27 �ANOVER CT 39'38 37 Si85 34 ., 42143 44',4�4*', 1, NWOOD ST. J _ Iifl2 � n 1013 w 9A 2( 8 15 .t DT RI 2A I 9 5-f -4- EafCop y flLO,PONZ fi,ic AIVomwT1og -n a{e CrrY o� Mhe�-�t� �a� -2--,.e-- -- �I� - /.o _2A - ADA PLANN•INQ AgI:N. JU1.101995 � WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCRO17 Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Pace to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Depart n = (208) 887-2211 Motor Vehicle/Drivers license (208) 8884443 ROBERTD. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit .your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 Malcolm MacCoy, P/Z JIM SHEARER, P2 GREG OSLUND, P2 TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: IV6,V4 "�- Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Depaarnent (208) 887-2211 Motor Vehicle0rivers License (208) 888-4443 ROBERT D. CORRB: Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit, your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Cleric by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLA INTERMOUNTAIN GAS PRE & FINAL PLAT) BUREAU OF REC TIO (P5ELIM & FINAL PLAT) CITY FILES YOUR CONCISE I, a C3TY OF NIE.gIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor - COUNCIL MEMBERS WALT W. MORROW, Presicem, RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE. - 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballant ie LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, PrZ 'Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / 1 OTHER: u� YOUR CONCISE REMARKS: c-' 1,i k1.k Sk i,cJ h /s T n t / S ii) i fI-. 1" •e 176' A7r:;ePs ,45! MQ Vic. A CCe JAN 2 2 1990 or F1 1j Ct c w N = r, `ri M Ci o a+ A N £ N ro r 111 •,. r ° 2 vc N �A,, n �b[Zrf �� O �� o Z v w N� 'r in S ti C1 -1 ? c £ °H O n '� G Z a c, A w 7 O i `i F 1 G 7 O m. n A n p fD T. 'p N w I j •� w -• A ro co m •, �n W v O li7 m a o. i ywmco O 'rin Q 3 m ^�+ Z �b A cm M 7 m Z 7D p £ A w A C Cf n rye^ y I N O f 0 o c DS "^p w p• O V1 n 7 =9m S I c^y T1 a C '�1 9 T d O y w Ic O0 3.:=f m ^• :. � 2 ? w c £ y" c• £ C1 ? � c x O v c^o 2 m °" o•D ^ coB a>coo o to c. ;;go w D1 ooa C w N fo O CA. N� �`< OC Z) vO 7 � � G N w �l � w £.^ r'^ 7Q c CC l:•�w 0 0'° BZ3 fftm v i y io ac, wtj°O 71 wo v�v o� xK w� G �C co n co m y c $ c o co r ;cam "c?7- 9 00 Qoav a o o KCDCD ^ h2 �g� 3m oo�J coO £.� "v f° cD a R N ccs 9f. I. o a io�p o p s a .e w C •pp� C N 7 0 Co6 Sao °cam` ° ° coo ^ Hm :zyp a ri w B m cin Co o A •y V1 N 7 � N ctfi£ 0 N (D fi O ft (D O ti O H �} O N• r•ti ct (fj 1 . rr ~£G N N '=1 fD C G� ft :Y'0 En 'o H. r• N rn ri M N H- (D t -I a cD G r. m w r• n r. �+ O m T O N n rnm ,n C '� v n.m ZN U) 9 C � O � 7- fn 1 O _4 `• C o N 1 w n D O � Z C Z^ Y• N V V Z O CENTRAL CEN'I RAL DISTRICT HEALTH DEPART riENT 00 DISTRICT Environmental Health Division r� ,,/ Return to: 'i Boise MUT CDEPARTMENT t` Eagle Garden city Rezone #- Meridian Cond' ' mal Use #Q ❑ Kuna Preliminary / nal / Short Plat /i''Jt /Z �i/Si/t/rESS O�►r�_ ACZ We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth c• I ❑ high seasonal ground water ❑ solid lava from original grade [ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. g. After written approval from appropriate entities are submitted, we can approve this proposal for: g�- central sewage [3 community sewage system E] community water well g y ❑ interim sewage �Z 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. Street Runoff is not to create a mosquito breeding problem. 711. relative to: ❑ Waste Disposal ❑ Injection Well rule I I . Stormwater disposal systems shall be reviewed by ❑ Groundwater Protection 12, This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: ❑ food establishment C] swimming pools or spas child care center ❑ beverage establishment ❑ grocery store(� %� •¢ iZ �ti� = c C"7`�T/ �'�"�2 ►.ff / S Date:./ / 15. �'� = Reviewed By: Revie J ,he CENTRAL • • DISTRICT WHEALTH OF RCE • 707 N. ARMSTRONG PI.. • BOISE. ID. 83704 • (208) 375-5211 • FAX: 327-8500■ MAIN DEPARTMENT our environment. To recent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of Tp STORMWATER MANAGEMENT RECOlVIlVIENDATIONS W e recommend that the first one half inch of stormwater be pretreated othrough e grassy swale prior to discharge to the subsurface to ptec s prevent imp c with the design and surface water quality. The engineers and management practices for stormwater of this project should obtain current best �a management system that is preventing disposal and design a stormw g groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STOW Idaho RUN OFF. Idaho Division of Environmental Quality,Southwest Regional Office, September 1995. 2) S TORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties More Cm* office d Emdrorr nWd Heaeh 190 S. 4th Street E. Mcuntcin Home. ID. 83641 Ph. 581.4225 Ada 1 Base County OB1ce WIC Bops • meridm 1006 Roberts 707 N. Armstrong F1. Brig. ID. Boise. 0. 83704 83705 Ph. 334-3355 EnvuO. Hearth: 321.7499 324 Meridian. ID. Family Planning: 321.7400 aaAe^ Dh AAA;az EYeore Cw* 01 ke 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 587-4407 vdBWy CM* Ofte P.O. Box 1448 Mccaq, ID. 83638 ph. 634-7194 OFFICIALS WILLIA G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES. P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Firs Chief W.L. ,,BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.. Attorney Hr77 OF TREASURE VAL' Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208); 884713 Public worj ffiW rwg DMMV= -2211 Motor VehiclelDrivets License (208) 88813443 ROBERT D. CORRIE Mayor rnuNGILM .Mc WALT W. MORROW, Prasident RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & 7 C OMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON D EVE LOPMENT PROJECTS WITH THE CITY OF MERIDIAN Meridian To insure that your comments and recommenthe Me dations will be considered by to Planning & Zoning Commission, please submit your comments and recommendation Meridian City Hall, Attn: Will Berg, City Clerk by: Februa 6 1996 3196 HEARING DATE: 211 TRANSMITTAL DATE: 1118196 _ r%--I- REQUEST: Prelimina r�ai I��o,.�••. BY: Jim Ballan ne L OCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of erid I n Road JIM JOHNSON, P2 ERIDIAN SCHOOL DISTRICT PLAT) ( FINAL PLA Malcolm MacCoy, P / Z MERIDIAN ADA COUNTY HIGHWAYD DISTRICT D JIM SHEARER, P/Z D, P2 ADA PLANNING ASSOCIATION 2 9 1986 G OSLU GREG OSLUND, CENTRAL DISTRICT HEALTH JAN TIM , NAMPA MERIDIAN IRRIGATION DISTRICT BOB COPER, MAYOR SETTLERS IRRIGATION DISTRICT Cgr; .-.':rR{G: RONALD TOLSMA, C/C— IDAHO POWER CO.(PRELIM & FINAL PLAT) CHARLIE ROUNTREE, C/C = U S WEST( & FINAL PLAT) WALT MORROW, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C BUREAU OF RECLAMATION(PRELIM & FINAL PIAT) WATER DEPARTMENT -- CITY FILES SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _OTHER: YOUR CONCISE REMARKS: Recommends a 10" Water Main POLICE DEPARTMENT d an Water 5th St . 10" Water Main on Fulmer on ennwood CITY ATTORNEYat er ain CITY ENGINEER St• for tie-in. CITY PLANNER f1 Du(S1 -4IJVt ,IAN 19 " OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomey HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Dq=08 t (208) 887-2211 Motor Vehicle/Drivers Liceam (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY p-& 7 COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COM LENTS ONDEDEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by �bry 6 1996 TRANSMITTAL DATE: 1118/96 HEARING DATE: 2113196 REQUEST:Prelimina Plat for Ballantyne Business Park BY: Jim Ballan ne LOCATION OF PROPERTY OR PROJECT: South A Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) !Malcolm MacCOY, P / Z ADA COUNTY HIGHWAY DISTRICT JIM SHEARER, P/Z ADA PLANNING ASSOCIATION D, GREG OSLUND, P2 G OSLU CENTRAL DISTRICT HEALTH TIM , EPPER,CORRIE, NAMPA MERIDIAN IRRIGATION DISTRICT R BOB MAYOR SETTLERS IRRIGATION DISTRICT OLSMA, C/ RONALD TOLSMA, IDAHO POWER CO.(PRELIM & FINAL PLAT) CHARLIE C/C U.S. WEST(PREUM &FINAL PLAT) /C WALT MORROW, C / INTERMOUNTAIN GAS(PREUM & FINAL PLAT) GLENN BENTLEY, C BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) WATER DEPARTMENT ]L SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: YOUR CONCISE RBAARICS: FIE DEPARTMENT R POLICE DEPARTMENT ya `""" 4 JI: CITY ATTORNEY CITY ENGINEER CITY PLANNER WT`i OF Af—:11 Tse/x; OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WALT W. MORROW, President WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. SMITH, E. Treasurer CITY OF MERIDIAN CHARLES R. BENTLEY EE GARY D. SMITH, P.E., City Engineer GLENN R. BENTLEY BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste Water Supt. 33 EAST IDAHO p a 7 rOMMISSION DENNIS J. SUMMERS, Parks Supt. n7.1 SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 j� f �\� / =_ PATTY A. WOLFKIEL, DMV Supervisor XLc . — Phone (208) 888-4433 •FAX (208) 887-481 --JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Dmlm (208) 887-2211 TIM HEPPER Works/BuildingeQar JIM SHEARER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers license CM 888-4443 JAN 2 1996 GREG OS UND WAYNE G. CROOKSTON, JR., Attorney MALCOLM MACCOY ROBERT D. CORR>E NAMFA & A9C o;;JI;�N M"or IRRIGATION ["ISTCICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6-1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 13/96 REQUEST: Preliminary Plat for Ballan ne-Troutner Business Park BY: Jim Ballanly ie LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT P / Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) !Malcolm MacCoy, ADA COUNTY HIGHWAY DISTRICT JIM SHEARER, P/Z ADA PLANNING ASSOCIATION GREG OSLUND, P/Z TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT BOB CORRIE, MAYOR SETTLERS IRRIGATION DISTRICT RONALD TOLSMA, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) CHARLIE ROUNTREE, C/C WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C BUREAU OF RECLAMATION(PRELIM & FINAL PLA717 WATER DEPARTMENT SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER- Nampa & Meridian Irrigation District YOUR CONCISE REMARKS: FIRE DEPARTMENT POLICE DEPARTMENT Eightmile Lateral courses through the middle of the 60 CITY ATTORNEY project. The right-of-way of the Eightmile Lateral is See Idaho Code CITY ENGINEER feet '30 feet fron the center each way. 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. CITY PLANNER The developer must contact John Anderson or Bill Henson at Nampa & Meri ian rrigation change of right- District 466-0663 or 345-2431, for approval before any encroachment or be Municipal sur ace drain- of-wa occurs. All laterals and waste was must protected. If drainage leaves the site, Nampa & Meridian Irriga- age must be retained on site an drainaee Dl:ins It is recommended that irrigation water be mad tion District must review development within `his District. This District requires that a Land availableto all Use Change/Sie Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District 6 February 1996 Jim Ballantyne Cliffs Drive 10250 Whispering e ID 83704 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 ow -7 , RE: Land Use Change Application for Ballant ne Troutner Business Park Dear Mr. Ballantyne: Change Application for your use to Enclosed please find a Land Use file with the Irrigation District for its review on the above - referenced development. erning this matter please feel free If you have any questions conc to call on Donna Moore at the Dis' ent tiathe office DistrictJhAnderson, sshop the District's Water superintend sincerely, AREN.EGASTRI NDISTRICT &MERIDIANIRRIGATION DI DRC/dnm cc: File Water superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 111 &Dinc. P.O. Box 851 • Meridian, Idaho 83642 RECEIVED (208) 888-4892 FAX (208) 888-5424 FEB - 6 1996 CITY OF MERIDIAN February 6, 1996 Honorable Mayor City Councilman Planning & Zoning Commission RE: Ballentyne Troutner Business Park To Whom It May Concern; Regarding the annexation of the above mentioned Ballentyne Troutner Business Park, I, Norman G. Fuller, President of N & D, Inc., owner of the property at 417 S. Meridian Road, agree to the annexation of the 50' easement as long as the legal for the easement is as per the attached legal description and preliminary drawing as prepared by Civil Survey Consultants, Inc. Thank you, 4i'orman G. Fuller % 5� President, N & D, Inc. P.S. If the City Council and Planning & Zoning would like to annex all of my adjoining property at this time it would be fine with me. Zoning of C -G would be acceptable. eq 1��o u.�• .r..FROM I v I 1 301 V wS_ - � o EASEMENT DESCRIPTION FOR NORMAN FULLER A parcel located in the SE 1/4 of the NE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian; Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly corner of said SE 1/4 of the NE 1/4; thence S 0°22'35" W along the easterly boundary of said SE 1/4 of the NE 1/4 a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing S 0°22'35" W a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89055'45" W a distance of 533.22 feet to a point; thence N 0°22'35" E a distance of 50.00 feet to a point; thence N 89°55'45" E a distance of 533.22 feet to the POINT OF BEGINNING. This parcel contains 26,661 square feet (0.61 acres). Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 6, 1996 co cq 0 rn E cn C4 C4 N w 115.79' 114.44' MERIDIAN ROAD N 0'22'35" E 329.43' 50.00' 162.32' I 2 052 _ N N rn--I 50.00' 1 162.32' N (722'35" E 1654.04' o< Cf 0 N z ( � m D M 00 00 co co cn cn �'_ Ln s C7�nOr m m C4 Z ccn C4 w w w N N N N I 2 052 _ N N rn--I 50.00' 1 162.32' N (722'35" E 1654.04' o< Cf s Cb Mop- in O 0 Z C7�nOr = r— cr; Win O pm = �0-0 Z m�Z� 2Z D�m0 D D Zz IZ G-) om-"C D��r C� m 0m0;u riO CU) Z c/) —M p 0�� (7 0 0 M_mZm �• m D Z s Cb Mop- in O WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN. RONALD TOLSMA M. ROUNTREE GLENN RR BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 831642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 5874813 JIM JOHNSON, Chairman Public Works/Building Deparonent (201111); $87-2211 TIM HEPPER Motor Vehicle/Drivers Licence (208) U8 4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning &► Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and Vilest of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z TIM HEPPER, P/Z _BOB CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIIII & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES YOUR CONCISE WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE UAUXY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83"2 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VM LEY A Good Placa to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Budding Deponmeat (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLA INTERMOUNTAIN GAS RE & FjNAL PLAT) BUREAU OF RE() A (P O ��jM & FINAL FLAT) CITY FILES / YOUR CONCISE W CITY OF MERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z Malcolm MacCoy, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JAN 2 2 1996 C17Y 01' f4£RICIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: DO GT L k eS/.f '410r— rA- e - /b F s 41 C t f Lo i it -,7" •2 O� �� S t)�'ir✓' >'�ii S ro'j a G— %s Sem tletc-ALS t5klef FLO w S x W 0 O o O C` � � fl-S-F-0-21 I 'O .b d u C C zC N u I a CL ° w �'i u u u= 7 r(3 Z Obi ��8888 — Pc a cC A m Q r1 M•caN•oo.Mr—v�ppaO�OTh NNrvMMMQOb1vi•O��orrmV ry� o 6. o PaLu .N Z2 U) idW ow N OyD ai FS..�e ?88888 'Lji; 888$8$8$8$888 W Q : O U) OWN X00 - - u cr. 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MORROW, President ity Engineer GARY D. SMITH, RE BRUCE D. STUART, WCer Works Supt. RONALD M. CITY OF MERIDIANTOLSMA CHARLES OUNTR EE JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. GLENN R. BENTLEY R. BENTLEY 33 EAST IDAHO SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor MERIDIAN, IDAHO M2 P & Z COMMISSION KENNETH W. BOWERS, Fire Chief W.L. "BILL- GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Dgwunm (208) 887_2211 WAYNE G. CROOKSTON, JR., Attorney TIM HEPPER Motor Vehicle/Drivers License (209) 889-4443 JIM SHEARER GREG OSLUND ROBERT A CORRFE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Feb vary 6 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE:_ 2/13/96 REQUEST: Preliminary Plat for Ballantyne-Tro Aner Business Park BY: Jim -Ball inlyne LOCATION OF PROPERTY OR PROJECT:_ South of Franklin Road and West of Meridian Road JIM JOHNSON, PfZ MERIDIAN SCHOOL DISTRICT (Malcolm MacCoy, JIM SHEARER, PfZ P/Z MERIDIAN POSTOFFICE(PRELIM & FINAL PLAT) GREG OSLUND, PfZ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION TIM HEPPER, PfZ CORRIE, MAYOR CENTRAL DISTRICT HEALTH —BOB —RONALD TOLSMA, C/C NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) MORROW, C/C _.WALT _GLENN BENTLEY, C/C U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) —SEWER CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: —POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER "'h' CENTRAL •• DISTRICT PWHEALTH DEPARTMENT-- We EPARTMENT_ MAIN OFFICE - 707 N. ARMSTRONG PL • BOISE, ID. 83704 • (208) 375-5211 • FAX: 3274500 To prevent and treat disease and disability; to promote, healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Ada / Boise County Office 707 N. Armstrong Pl. Boise. ID. 83704 Enviro. Health: 327.7499 Family Planning: 327.7400 Immunizations: 327.7450 Nutrition: 327.7460 WIC 197-74M Serving Valley, Elmore, Boise, and Ada Counties WIC Boise • Meridon 1606 Roberts Boise, ID. 83705 Ph. 334-3355 324 Meridian, ID. 83642 Ph. 888-6525 Ek=e County 0mce 520 E. 8th Sheet N. Mountain Home. ID. 83641 Ph. 587-4407 Elmore County Office d Environmental Heab 190 S. 4th Sheet E. Mountain Home. ID. 83647 Ph. 587.9225 Valley County Office P.O. Box 1448 McCall, ID. 83638 Ph. 634.7194 o w 4.4 «i a, , U Eo n ooCd "m --%^ VQ ,S6Z [ ` pL IOL[ A e Chi LL �a3¢ co co ° (Yi o •y rn m E � o 0 N � h �.5' O m CU H G •� rTul G F F O N pp 0 "` m E d o o •C c�y] N � � jE v Q Wv v d m v O v a OL ° ¢ v�"i m% U o y � � a� o m o .8 w °' .� p •� zf-z91 x. 6L 911 :. o Q. Z aux ¢z^c� Xw as waw I bSi �' In ` �, (V T c E `O r� 6Z £ 5, p "d 091 091 6Z•£b£ ------ ... E a v OA po° -0 ONS o j 061N ~ ° - -- m 0 33 .+� y .� ° 091 491 Vi N p, I I Q i (73 08Z ! 4. •.� o of N I I � 10 w 091 0.91 M o AA v os vzf �` O - OZ£ / OLZ 091 sr 6e l p OF y U ^. c �.�" U 80Z b .' w 0� � � p � S ; 1 i � _.._II0091 �i N i Iso%/ S 85Z oil °O !' o! x N ! N^ e- K— o OSZ 09i 09'M i 091 w N aaauS�►39N>�� _.....Q.i ©� �.� a »> 22i7S 43 . S i....._......_. «..... -. oN ro- w i N MOa A9 3 OE o+�---»>--- --- -:n- -- -- -4 -<�-- - 0£Z- 091 091 i 091 i 091 061 3'e•KI q Iq y O v7d r,! N oc fy I M i Qa s��gg@@5S o ovcaoz – 0$1– [--+18 } _ e 3 e 3 s a x �'III = � - x @ �-- o uoistnTpans oittibs ul ue.�,� � z °• MERIDIAN CITY COUNCIL MEETING: DECEMBER 5.1995 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS TGb All Materials presented at public meetings shall become property of the City of Meridian. FROM WAYNE S FORREY Wayne S. Forrey, AICP Urban Planner and Development Analyst 52 East Franklin Road - Meridian, Idaho 83642 C.omorohensivC vl�nn,nu atyaRs�iu"�' MEMORANDUM Elan uouutus Telephone (208) 887-6015 Fax (208) 887-6049 c o'4Ul1 Pd!liCirallGn TO: Shari L. Stiles Community City of Meridian R01aGun o GOMM FROM: Janclle San rd fnanayc,nur" Wavne S. Torre ATOP Plan 111rulem9nlaUon DA'T'E: 14 November 1995 ZoninC Annrxntinn 2 Dcvcluu,ncnl ormnnnce. RE: Required Pro -application Submittal Meeting for Jim Ballantyne PreliminaN plat C:nrlri Analysis to submit a preliminary plat for Jim Ballantyne, et al, for their property As I was preparing Meridian Road (State Highway 69), T realised ( and located South of Franklin Road and West of Dovotopmont Planning 8 that a pre -application submittal meeting is required. Is there a time that T can meet with NcgotWt10n5 November 16, to review this preliminary plat application? you on Thursday morning, and I will call tomorrow to verify the time. Thank Intt3CUuCIUM Please leave a message at 362-9345 Planning youl Flevilallxallun Pans Economic 1-),>r;lopment Co,nmunily Development Finance AnalySIS r,Scal Imulicutlon8 Funning Sualegles Public P=olicy FY, -.6i ip,t Project Maanagernent f .1punrt Planning ;:ir�icC6 to C,1,r:5 F. C.rn,nlies & Member; Am06CGn Institutn Of Certified f Innners - American Planning Association - Wano F4anning ASOOCmbon NOV 14 '95 10:36 208 887 6049 PAGE.01 Wayne S. Forrey, AICP Urban Planner and Development Analyst �- 3045 Thayen Place -- Boise, Idaho 83709 Telephone 362-9345 • Fax 362-9416 Comprehensive Planning / City & Regional Plan Updates 21 November 1995 Citizen Participation Community RECEIVED Relations Mayor Grant P. Kingsford 2 155 Growth and City Council Members NOV 'J Management City of Meridian Plan Implementation 33 E. Idaho Ave. Meridian, 1D 83642 Zoning, Annexation & Development Ordinances Dear Mayor Kingsford and Council Members: Code Analysis My client, Jim Ballantyne, submitted a Commercial/Office Annexation and Zoning Land request to the Meridian Planning and Zoning Commission on July 11, 1995. Our Public Development Hearing before the Meridian City Council was held on October 17, 1995. Planning & Negotiations I understand that it is the preference of the Meridian City Council to review a Infrastructure Planning Preliminary Plat before taking any action on an Annexation and Zoning Request. We are in the process of preparing a Preliminary Plat and the accompanying application for review Revitalization Plans by the Planning and Zoning Commission. This application will be submitted by December 15, 1995, for public hearing by the Commission on January 9, 1996. With the application Economic submitted on this timetable, our preliminary plat will come before the Meridian City Development Council on March 5, 1996. Please table our Annexation and Zoning Request until the Community March 5, 1996, City Council meeting. Development Finance Analysis Thank you for your prompt attention to this matter. Keep up your good work! Fiscal Implications Funding Strategies Respectfully, Public Policy Evaluation W 1 %,�- Project Wayne S. Forrey, AICP Management Representative of Mr. Jim Ballantyne Contract Manning Services to Cities & Counties -; Member: American Institute of Certified Planners - American-. Planning Association - idaho Planning Association u C) � M LIOL, o10 54ZI AL c Drov UVI IJO � I U y rOl M U M'9R O, 0£ S6 [ Lf'9 O 6Z £99 N I I 09 ^� I 1 � � I O O Y j U "S 1 56'661 N C I ! ! I OI R££ i 1 i i j I i i to i o 1 1 OC £ 19 I• ! i ! ! I I i 1 „ L9'L9£l 0 a.I x uOiSIAi n 3JVnbS uT .Bj� 1 BEFORE THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN JIM BALLANTYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Meridian City Council having heard and taken oral and written testimony and the Applicant appearing through Janelle Sanford, a designated representative for Mr. Wayne Forrey, who is the representative for Mr. Ballantyne, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 17, 1995, the first publication of which was fifteen (15) days prior to said heaping; that the matter was duly considered at the October 17, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C -G) and Limited Office (L- 0); that the L -O District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: (L -O) Limited Office District - The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed t..) act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 0 -�► .general xetail and Service Commercial: The purpose of the (C -G) District is to provide for ccumercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. S. That Applicant's representative stated before the Planning and Zoning Commission hearing on August 8, 1995, that the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 understood by the Applicants that any uses in the L-0 and C -G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the T-_oy Green project and this will offer ',:he residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good setback of maybe 35 feet along the back on the west edge of the L -O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. Ms. Sanford testified before the Council that the Findings of Fact and Conclusions of Law were reviewed and that they were acceptable; that a few concerns exiez regarding the connection through Pennwood or Barrett Streets. 6. That the developer, Jim Ballantyne, testified before the Planning and Zoning Commission that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to the preparation of the Findings of Fact for the P & Z Commission. Mr. Ballantyne testified at the City Council public hearing of a conflict which exists in the P & Z Commissions Findings regarding the 35 foot landscape setback on Meridian Road; that the land mentioned there is land owned by Norman Fuller but that Ballantyne has access and owns an easement through Fuller's property; that Ballantyne can't hardly dedicate Mr. Fuller's land to a 35 foot setback for landscaping and sidewalks; that the Ada County Highway District addressed this also and did not require the 35 foot landscaping and setbacks; also there is a conflict regarding the road entrance; that our access to that easement of Fullers fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas; that the center lines are 10 to 15 feet off center; that they could go either way to almost comply, but it would be impossible for this piece of narrow property and the easement that Mr. Fuller gave us; that some agreement can be made regarding access to the neighbors contiguous to this development but that the---e is an off set by not having to actually landscape quite that much land; that 35 feet is an excessive amount of off set. 7. There were several who testified at the August 8, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTyNE Page 6 a. Mike Wewers testified during the P & Z public hearing regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Stmt would remain dead end streets or become cul-de- sacs or through streets; that he would like to see a layout of roadwork of the area designated for L-0 and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. b. Raymond Kutch offered testimony regarding the proposed Limited Office (L -O) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C -G allows access through L-0; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. C. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACHD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHD supports connections between residential and abutting commercial; that uatil ACHD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri-plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLhNTYNE Page 7 continued streets; but there is a possibility, depending on the development that c in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. d. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not came to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. e. That Don and Christine Mace submitted written testimony; that their property is lot #20 in Lynhurst Place; that the area to be zoned L -O will be right next. to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. f. That Joe Kutch testified before the City Council public hearing that he would like an answer from the developer regarding the property -owners right behind this proposed annexation having an opportunity to purchase any of this property. That Mr. Ballantyne stated he had no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards; that the only people impacted visually FINDINGS OF FACT AND CONCLUSIONS OF LAR - BALLANTYNE Page 8 by the development are the neighbors that actually have lots contiguous to the development and that something cold surely be worked out to where they have their access. 8. That Larry Sale, of the Ada County Highway District, testified before the Council to address Mr. Morrow's questions raised with respect to the issue with the road not lining up and where the ACHD's thoughts are with this application. Mr. Sales testified that if it is correct that the 50 foot easement strip centerline is approximately 10 feet north of the centerline of the curb cut into the Rick Thomas development of some office buildings; that the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time because they would meet at each others steering wheels; that a suggestion perhaps would be that the 50 foot easement could be shifted a five (5) feet and that the District could work with that without much of a major problem; that if the driveways happen to be the other direction it wouldn't be so severe. Mr. Sales continued to testify that it is the goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then the long term plan to extend Corporate Drive west past this proposed development, south into the interior of the square mile to really serve as a collector out of the area; that the district wold expect this development to have access to that collector either directly if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 collector goes through the southern portion of this development or through some adjoining property and the collector. 9. That Gar► Smith, Meridian City Engineer, testified before the Council in answer to Councilmen Morrow's request for any additional input regarding this annexation; that Mr. Smith stated that the sewer service for this property to the north and the east of the Eight Mile Lateral as it crosses, would be towards Franklin Road; that a sewer line in Franklin Road at this time does not exist, however some preliminary plans to construct one prior to the improvement of Franklin Road would be available, but there is no sewer in Franklin from Meridian Road to the west; that there exists an elevation problem slightly west of Meridian Road; that the grade of Franklin Road is going up to get over the Eight Mile Lateral and to get farther west with the sewer is a problem; that tieing into the sewer line that goes in back of Hoff could be brought out to Franklin Road and then extended west in Franklin. 10. Shari Stiles stated that she had no further comments on this development without a plan before her; that it is difficult to assess the compatibility with adjacent development with no plan to look at. 11. That Bruce-ereckleton, Assistant City Engineer, subm.tted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 wells may be used for non-domestic purposes such as landscape irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 12. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as'a condition of annexation. 13. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 14. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20 -additional feet) prior to issuance of a building FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTyNE Page 11 permit (or other required permits); that required street improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights -of -Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 18. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon FINDINGS OF FACT AND CONCLUSIONS OF LAW - BAL ANTYNE Page 12 Positive results from a hydraulic analysis by the City's computer model. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 20. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 21. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the Property. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 24. That Section 6.7U, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 25. That the requested zoning of Limited Office (L -O) and General Retail and Service Commercial, (C -G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L -O) Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act as a buffer between other more intense non- residential uses and high density residential use's, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning -Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 the pedestrian easement shall be at least ten feet (10') wide. " 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities-) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as .utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and Yk natural valae, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be Provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Desicrn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5• A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 34. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1• That all rhe procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2• That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4• That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of wand is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls 105 Idaho 65, 665 P.D 1075 (1983). 9• That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas,at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the "-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTyNE Page 19 12. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L -O and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G) and Limited Office (L-0), but only capable of being developed as a plan.ied commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-0 and C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11 -2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a• Cr Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. NJ Piping of Ditches and 11-9-606 a• Bicycle Pathways. b. Storm drainage. c. Sidewalks and Pedestrian Walkways. d• Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5 • An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the-?lanned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTyNE Page 21 12. The sewer and water requirements. 13. Traffic plans and access into and out of the .development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the Property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT AND CONCLUSIONS Page 22 OF LAW - BALLANTYNE r a condition of annexation and if not so tiled, the property shall be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L -O) and General Retail and Service Commercial (C -G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L -O) and the property to be zoned General Retail and Service Commercial (C -G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall not be annexed. 24. That the Planning and Zoning Commission questioned whether or not it should make a recommendation of approval because the Applicant had not submitted a plat or development plan, but concluded that it was in the best interests of the City to annex and zone the property even though the development plan was only FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 23 r generally submitted orally at the hearing; the City Council hereby concludes that it generally is in the best interests of the City to have development plans and/or plats submitted at the time of application for annexation and zoning; that, however, in this case since the property is an enclave already within the City it is in the best interests of the City to annex and zone the property even though no development plan or plat was submitted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN Er 1 01(g7 6-e- VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN THRR=G= /3C)lTL" VOTED COUNCILMAN MORROW VOTED MAYOR(TIE BREAKER) VOTED COP -RIE DECISION The City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these Findings o'_ Fact and Conclusions of Law, inclu.iing that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED:LL-- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTyNE Page 24 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8 1995 APPLICANT: ITEM NUMBER; 15 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 4017 ACRES TO L-0 AND C -G BY JIM B LLaWTYN E AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN JIM BALLANTYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Meridian City Council having heard and taken oral and written testimony and the Applicant appearing through Janelle Sanford, a designated representative for Mr. Wayne Forrey, who is the representative for Mr. Ballantyne, and having duly considered the matter, the Meridian City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C -G) and Limited Office (L- 0); that the L -O District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: (L -O) Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-0) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 (c -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or. arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 42 5. That Applicant's representative stated before the -� q 7? Planning and Zoning Commission hearing on August 8, 1995, that the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 understood by the Applicants that any uses in the L-O and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development; that the Applicants request a development agreement that addresses the-conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance .and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the Troy Green project and this will offer the residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good setback of maybe 35 feet along the back on the west edge of the L-0 and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. Ms. Sanford testified before the Council that the Findings of Fact and Conclusions of Law were reviewed and that they were acceptable; that a few concerns exist regarding the connection through Pennwood or Barrett Streets. 6. That the developer, Jim Ballantyne, testified before the Planning and Zoning Commission that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to the preparation of the Findings of Fact for the P & Z Commission. Mr. Ballantyne testified at the City Council public hearing of a conflict which exists in the P & Z Commissions Findings regarding the 35 foot landscape setback on Meridian Road; that the land mentioned there is land owned by Norman Fuller but that Ballantyne has access and owns an easement through Fuller's property; that Ballantyne can't hardly dedicate Mr. Fuller's land to a 35 foot setback for landscaping and sidewalks; that the Ada County Highway District addressed this also and did not require the 35 foot landscaping and setbacks; also there is a conflict regarding the road entrance; that our access to that easement of Fullers fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas; that the center lines are 10 to 15 feet off center; that they could go either way to almost comply, but it would be impossible for this piece of narrow property and the easement that Mr. Fuller gave us; that some agreement can be made regarding access to the neighbors contiguous to this development but that there is an off set by not having to actually landscape quite that much land; that 35 feet is an excessive amount of off set. 7. There were several who testified at the August 8, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 a. Mike Wewers testified during the P & Z public hearing regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de- sacs or through streets; that he would like to see a layout of roadwork of the area designated for L-0 and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. b. Raymond Kutch offered testimony regarding the proposed Limited Office (L -O ) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C -G allows access through L-0; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. C. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACRD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHD supports connections between residential and abutting commercial; that until ACRD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri-plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 7 continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. d. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. e. That Don and Christine Mace submitted written testimony; that their property is lot #20 in Lynhurst Place; that the area to be zoned L -O will be right next to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. f. That Joe Kutch testified before the City Council public hearing that he would like an answer from the developer regarding the property owners right behind this proposed annexation having an opportunity to purchase any of this property. That Mr. Ballantyne stated he had no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards; that the only people impacted visually FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 8 by the development are the neighbors that actually have lots contiguous to the development and that something cold surely be worked out to where they have their access. 8. That Larry Sale, of the Ada County Highway District, testified before the Council to address Mr. Morrow's questions raised with respect to the issue with the road not lining up and where the ACHD's thoughts are with this application. Mr. Sales testified that if it is correct that the 50 foot easement strip centerline is approximately 10 feet north of the centerline of the curb cut into the Rick Thomas development of some office buildings; that the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time because they would meet at each others steering wheels; that a suggestion perhaps would be that the 50 foot easement could be shifted a five ( 5 ) feet and that the District could work with that without much of a major problem; that if the driveways happen to be the other direction it wouldn't be so severe. Mr. Sales continued to testify that it is the goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then the long term plan to extend Corporate Drive west past this proposed development, south into the interior of the square mile to really serve as a collector out of the area; that the district wold expect this development to have access to that collector either directly if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 collector goes through the southern portion of this development or through some adjoining property and the collector. 9. That Gary Smith, Meridian City Engineer, testified before the Council in answer to Councilmen Morrow's request for any additional input regarding this annexation; that Mr. Smith stated that the sewer service for this property to the north and the east of the Eight Mile Lateral as it crosses, would be towards Franklin Road; that a sewer line in Franklin Road at this time does not exist, however some preliminary plans to construct one prior to the improvement of Franklin Road would be available, but there is no sewer in Franklin from Meridian Road to the west; that there exists an elevation problem slightly west of Meridian Road; that the grade of Franklin Road is going up to get over the Eight Mile Lateral and to get farther west with the sewer is a problem; that tieing into the sewer line that goes in back of Hoff could be brought out to Franklin Road and then extended west in Franklin. 10. Shari Stiles stated that she had no further comments on this development without a plan before her; that it is difficult to assess the compatibility with adjacent development with no plan to look at. 11. That Bruce Freckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 wells may be used for non-domestic purposes such as landscape irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 12. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 13. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 14. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20 -additional feet) prior to issuance of a building FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 permit (or other required permits); that required street improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights-of-Way Trust Fund, prior to issuance of a building.permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 18. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 12 positive results from a hydraulic analysis by the City's computer model. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 20. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property,is shown as an existing urban area. 21. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 24. That Section 6.7U, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 25. That the requested zoning of Limited Office (L -O) and General Retail and Service Commercial, (C -G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L -O) Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive; administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act as a buffer between other more intense non- residential uses and high density residential use's, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the ( C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 the pedestrian easement shall be at least ten feet (101) wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to. incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as .utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 34. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended; and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the L-0 and C -G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 12. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L-0 and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G) and Limited Office (L -O), but only capable of being developed as a planned commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-0 and C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11 -2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT AND CONCLUSIONS OF LAW - HALLANTYNE Page 22 a condition of annexation and if not so tiled, the property shall be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L -O) and General Retail and Service Commercial (C -G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L -O) and the property to be zoned General Retail and Service Commercial (C -G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall not be annexed. 24. That the Planning and Zoning Commission questioned whether or not it should make a recommendation of approval because the Applicant had not submitted a plat or development plan, but concluded that it was in the best interests of the City to annex and zone the property even though the development plan was only FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 23 F generally submitted orally at the hearing; the City Council hereby concludes that it generally is in the best interests of the City to have development plans and/or plats submitted at the time of application for annexation and zoning; that, however, in this case since the property is an enclave already within the City it is in the best interests of the City to annex and zone the property even though no development plan or plat was submitted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION The City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 24 MERIDIAN CITY COUNCIL MEETING: OCTOBER 17. 1995 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 18 REQUEST; REQUEST FOR ANNEXATION AND ZONING OF 4017 ACRES TO L-0 AND C -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER.- US OWER-US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS P & Z MINUTES FOR 8-8-95 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission August 8, 1995 Page 25 Johnson: What is your pleasure at this point, the public hearing has been closed. Shearer: If this was to come in as an R-40 would a PUD be required? Stiles: Commissioner Shearer yes it would be and I believe a planned unit development, a general planned residential development R-40 is the only residential zone where it is allowed as a conditional use. It is not even permitted or allowed as a conditional use in any of the residential zones. - Rountree: Mr. Chairman, I move that we have findings of fact prepared on this item. Shearer: Second Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the request for annexation and zoning of 2.3 acres by Billy Quinn, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 40.17 ACRES TO C -G AND L -O BY JIM BALLANTYNE: Johnson: At this time I will open the public hearing and invite the applicant or his representative to address the Commission. Wayne Forrey, 52 East Franklin Road, was sworn by the City Attorney. Forrey: Mr. Chairman, members of the Commission, I am here tonight representing Jim Ballantyne who is one of six principles who own the property that we are asking for annexation. Jim has been around the valley a long time, developed property in Meridian and Boise and he is a good developer. He wants to get this property annexed into the City and proceed with some potential development. Some interest has been expressed recently in two types of business on the property. I would like to, I have an overhead two transparencies that I would like to show you. Could I set up the projector? This is a view of the vicinity around the property just about 40 acres of bare ground right now. The blue area and the green area are the parcels that we are requesting annexation. The olive colored area that says Norm Fuller is owned by Norm Fuller and Jim Ballantyne owns a green strip of property out to Meridian Road between the Norm Fuller property. So the project or the property has access on the north to Franklin Road and access on the east to Meridian Road. The area in blue is anticipated Limited Office and that is our annexation request. The area in light green is commercial general C -G. The storage property on Meridian Planning & Zoning Commission August 8, 1995 Page 26 Franklin Road owned by Stubblefield development is shown up there in the northwest corner. Hinckles and McCoy is right next door there where it shows R1 still in the county. The veterinary clinic, the Farmers Club and Centennial Motors and the Universal Wood Products are all in the C -G zone just like the storage along Franklin. Then you have the rose trailer court there in the comer and just south of that is Hope Arms. Then you have Norm Fuller's property and then the Meridian Rental Center property is on the south side of the Ballantyne property. Of interest here is the subdivision, Franklin Square subdivision which is you see here on the left side of the map and those folks in a prior annexation and zoning request expressed some pretty good ideas on how this property should or should not develop. I want to summarize that for you. The Commission and citizens may recall that about a year ago a fellow approached Jim Ballantyne and his partners, this fellow was named Troy Green and he wanted to develop I believe a mobile horns park and that went through the public hearing process and it was recommended denial and no action was taken ultimately on that. Jim and I sat down and reviewed that file and we learned some lessons from going through that. First of all that citizens and City officials definitely wanted property tax base on that property. Secondly there was concern about school attendance so we took that into consideration. Protecting local property values, a lot of folks on the Troy Green project felt that mobile home park would devalue their property. And then there was concern about whatever developed there should have gored landscape buffers right next to that subdivision. So, here is our response from learning from what happened about a year ago. I wasn't involved with the Troy Green project, but going through this with Jim, here is an approach we think would be good for the community, good for the people there in Franklin Square subdivision. In our application we stated that any development that would occur there should be done under a conditional use permit process. We are requesting that be the case whether it is in the office or in the C -G zone. That would give maximum citizen involvement and that is what citizens requested and they exercised that during the Troy Green project. We anticipate that the office and commercial uses are there because citizens and City officials indicated they wanted some tax base there. That would also help the school district, not hurt the schools but help and help the City. Limited Office is there because citizens were concerned about the interface right next to their subdivision, what would develop. We think office would be a good transition. In that conditional use process it could be an office campus there could be good setbacks, good landscaping, it could be even single story. You don't have the evening type traffic, we hope that would be good neighbor to that subdivision and I think it could be. The C -G uses are there for the commercial development that is generally in that part of Franklin and Meridian Road. I think it blends in well. The last point here we would expect that there be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property. Jim has two business interests in the property, nothing specific. We are hoping this could be annexed with these stipulations so that when that property or a portion of it is sold then a specific development request comes before the City as a conditional use. Neighbors are involved and I think we get good development Meridian Planning & Zoning Commission August 8, 1995 Page 27 that way. I would be happy to answer any questions. Johnson: Thank you Wayne, any questions from the Commission_ Rountree: What is the R-14 County zoning equate to? Forrey: I think it has changed, that is an old county zone. I don't fink they have that any more and I don't know, it might have been 14 units per acre. I do know, does the Planning director know? It is fairly dense, I failed to mention one thing, Jim and I reviewed the staff report and agree totally with everything that is in your information packet with no objection. They are fine. Alidjani: Any specific use you have in mind Wayne? Forrey: I am not aware of any, but Jim has been as of today I think he even had a request. Jim are you aware of the specific use, just that there is a business that wants to purchase I think 6 acres for a business use. I don't know if it is retail or office or what type of business. There is another party that is expressing an interest in buykg a portion of it up along Franklin Road they want the frontage along Franklin Road but f don't know what kind of business it is. Johnson: Have you reviewed the letter from ACHD dated August 3? Forrey: Yes Johnson: Do you have any questions or concerns or disagreements with any of those suggestions? Forrey: None Johnson: That center green there going out through the Norm Fuller property, that is not an easement that is actually deeded? Forrey: I noted in the ACHD report it said easement but it is my understanding that is deeded property, do you know Jim? (Inaudible) James Ballantyne, 10250 Whispering Cliffs, Boise, was sworn by the City Attorney. Ballantyne: None Fuller sold us the property where the 4 is to the north of the lateral. At Meridian Planning & Zoning Commission August 8, 1995 Page 28 that point in time Norm and on my deed from Norman Fuller it gives that exclusive easement through Norm Fuller's property. It does not, the way I read it although I am no attorney, I read it as an easement rather than fee simple title. Then we purchased the green just to the south where the C -G 22.9, from Glen Hudson and Norm Fuller I understand had sold that to Glen Hudson with the same easement and then of course Glen Hudson on my deed from Glen Hudson and Northwest Nazarene College states that same easement. So I have two deeds that sites that easement. Alidjani: Mr. Ballantyne, how many feet is that easement? Ballantyne: Fifty feet Crookston: As the owner of the easement have they or it consented to the annexation? Ballantyne: Yes, all of my partners have agreed to the proceedings that we are going through. Crookston: Well maybe I am confused Jim but as I understand it you are talking about the strip that runs from Meridian Road to the west, that is the 50 feet that you are talking about. Ballantyne: It is in light green, between Norm and Fuller on the map. Crookston: That is an easement ground? Ballantyne: It is to my understanding, I think I gave Shari, didn't I give you a deed? I gave the deed to Ada County, ACHD. Crookston: If it is an easement though has the owner of the land granted permission to have you have that property annexed? Ballantyne: No, I haven't asked him. He is the same one that gave me the easement, he is the same one that I bought the property to. It is a very specific easement, it is not a general just a 50 foot easement, it is given a meets and bounds. Crookston: But there is an owner of that land that is apparently not one of the six people that (inaudible). Ballantyne: Are you telling me that he has to be a party to our Crookston: Because he owns the land, he has to consent to the annexation and zoning. Meridian Planning & Zoning Commission August 8, 1995 Page 29 Ballantyne: Well, is Norm here tonight? I wasn't aware of that condition. Shearer: Well, they don't need to annex that anyway just use it for a drive won't they? Crookston: It would have to be annexed to be able to be used for a drive. He would have to consent to it to be used for a drive. (Inaudible) Ballantyne: I would think he has already accepted the fact that it is going to be used for a drive, why else would it be Crookston: That certainly may be Jim but as far as the City is concerned we need to have the owners consent to be annexed. It doesn't make any sense not to annex it if it is going to be used for development purposes for the property to the west of it. Ballantyne: I have no objection to them giving you a request that be annexed also. Johnson: Did you have anything further Mr. Forrey? Forrey: No, just to answer any questions? Johnson: Any more questions? Rountree: You talked about a buffer in one of your issues, what do you have conceptually? Forrey: I would like to hear from the residents in Franklin Square. We have been making some phone calls, Janeile in my office, and one of the people that Janeile spoke to asked that the possibility that they could actually buy some ground from Jim Ballantyne directly behind their home so they could have a permanent buffer. That I think really is unnecessary that is a lot to ask a property owner to buy ground so they can have a buffer. I think that could be a requirement on the development when it comes in under conditional use. I think the neighbors could give some input on that, how wide, what type of development, the landscaping that type of thing and it could be addressed in the development agreement or the conditional uses that would ultimately come before the Commission. I don't have any specifics. Alidjani: Wayne, you did mention you are going to have a buffer zone on a residential area where Pennwood is and Hanover and those culdesacs, is that correct? Meridian Planning & Zoning Commission August 8, 1995 Page 30 Forrey: Yes, Alidjani: I just wanted to make sure I understood you correctly, how about the side of the Hope Arms residential area? Forrey: There needs to be a buffer there as well because some of the Hope Arms buildings are pretty close to the property line, you would know with Sanitary Service. If that is zoned commercial that whatever develops there has got to buffer itself from the adjacent residential. I think that is another area where that conditional use has to be pretty tightly controlled to make sure that is buffered right there. And also at the corner of the mobile home park as well. Johnson: Okay, this is a public hearing, is there someone that would like to address the Commission from the audience? Mike Wewers, 550 Lynhurst, was sworn by the City Attorney. Wewers: Members of the Planning and Zoning Commission we do have some concerns regarding the light office zoning. One I would like to find out what the current zoning is with the County and what an R14 is. Two, some of our concerns are Barrett Street and Pennwood Street, would those streets continue all the way through, currently they are a dead end to the property. We would like to know if that is going to remain a dead end or if it will turn into a culdesac or it is will be a through street. Some of the other concerns that I have are probably a little premature. I would like to see a layout of roadwork through the office area. Whether roads will be directly behind the houses with a buffer zone, .l would like to see what type of a buffer zone will be available whether a chain link fence, a wooden fence, a grass buffer, concrete barrier, those are my concerns and I would just like to (inaudible). I also have a letter from my neighbor who lives in plot #20 and I present that to the Commission. Thank you. Johnson: We already have this letter so you may have this back. Anyone else from the audience that would like to testify? Raymond Kutch, 625 Hanover Court, was sworn by the City Attorney. (End of Tape) Kutch: I have just a couple of questions I am not for sure whether they will be answered or have already been and I missed them. One of the questions you guys asked was what they propose on the L-0, my question is how can you annex if you don't know what is going to be put there. Like you said you don't know if they are going to be single story, two Meridian Planning & Zoning Commission August 8, 1995 Page 31 story, three story, how big they are, what they are made of that kind of stuff. Also, I don't know if the C -G is going to allow access through to the L-0 is that something that is normally going to happen? Johnson: Okay, did you have any other questions? Kutch: The buffer, a lot of the owners would like to be able to get to their backyards and the buffer would be the big area there. He asked if the streets are going to be through or not, whether they are going to be culdesacs or continue to be dead ends or maybe make the loop and come round so people can still get into their backyards. He said that one of the people he talked to on the phone suggested that possibly it would be allowed to buy and I emphasize they asked to be allowed to buy. He suggested they not be required, the person wasn't asking it to be required that they buy, they were asking if it be okay. That is something else that I would be curious about because I would probably be interested in that myself. Johnson: Is your home right up against there? Kutch: Yes sir, it sure is. Johnson: What lot number are you there? Kutch: Lot #33 on Hanover court. Johnson: Thank you Kutch: That is about all of the questions I have right now Johnson: We will try to get comments before you leave this evening on your questions. Is there anyone else from the public that would like to come forward? Karen would you like to comment on this application? Regarding the streets. Karen Gallagher, ACRD, was sworn by the City Attorney. Gallagher: This is an application for annexation, we don't have any site specific proposal in front of us. In general we have, staff has discussed what kind of roadway network would work through here. First would be the connection to Franklin Road and that would align with I believe it is a lumber store across the way. The second would be what is coming from Franklin Road. The easement at this point in time we aren't sure how that is going to align or the offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street in that location. Those details have not Meridian Planning & Zoning Commission August 8, 1995 Page 32 been looked at in detail at this point. Other than that we are, there are certain proposals that are being discussed at this point that would take into consideration the extension of Corporate Drive through the parcel to the south here .through the rental center approximately in this location here (inaudible) We have talked to some of their developers and their applicants and they are in the works of getting something done there. If that road or when that road is before us and does become a reality we would be looking for a connection from the extension of Corporate. to this development. So, stub streets would be a part of that. Other than that the only other comment I could make at this point is that as far as the connection on the residential to the office proposal those are usually good compatible land uses. We support connections between residential and abutting and possibly even the commercial further to the east without making those residents go out onto Franklin Road to come in. Those connections are supported when they are not encouraging people to come through on the residential streets and in this case if there were a strong street connection to the north to Franklin and another one out to Meridian we wouldn't see a problem with cut through traffic and believe that those connections could work to the benefits of both properties. Until we see a specific proposals and those land uses it is hard for us to make those determinations on how that is going to work out. Johnson: Thank you, are you personally familiar with the county zoning R14? Gallagher: I worked at the county before I worked with Ada County Highway District and that was a highly dense 14 if not above that zone, 14 units to the acre. Rountree: Which probably would allow duplexes, or tri-plexes or four plexes. Gallagher: Right, easily. Alidjani: I have a question, what is the percentage is it 50/50 or 20/80 that Barrett Street and also the next one was Pennwood to continue on in your view in the near future? (Inaudible) one way or another, but if you would give a percentage is it a 50/50 yes or no? Gallagher: I would say at least 50/50, those connections as I said usually work to a benefit that the residents could access if they need to either the office of the commercial. As long as there isn't a cut through adding more commercial traffic to the residential just providing a convenient connection it would definitely be a 50/50 if not higher chance that those roads would be continued. There is a possibility depending on the development that comes in that those could be culdesaced and leave them as residential, but as I said staff has been supportive of those connections, indirect connections I guess would be a better way to put that. Johnson: Thank you Karen, is there anyone else that would like to comment? Meridian Planning & Zoning Commission August 8, 1995 Page 35 Johnson: Yes, that is an important I appreciate you bringing that up. We probably could have done that on our own to clarify that a little bit, but thank you. If no one else has any comments then on this application I will close the public hearing at this time. Shearer: Mr., Chairman I move we have the Attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It has been moved and seconded that we have the City Attomey prepare findings of fact and conclusions of law on the application by Mr. Jim Ballantyne, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does anyone have anything else they would like to bring before the Commission while we are here? We need one more motion then. Shearer: Mr. Chairman, I move we adjourn. Rountree: Second Johnson: It is moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I ATTEST: SO , CHAIRMAN � "04 - W -11A I go- I -AF i WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER August 3, 1995 Re: SOUTH OF FRANKLIN RD. & WEST OF MERIDIAN RD. - Jim Ballantyne (Request for Annexation & Zoning to C -G and L -O for 40.17 Acres) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The legal description supplied with this application for Annexation meets the accuracy of closure required by Idaho Code and the City of Meridian. 1/2 of adjacent Right -of -Ways are included in the description. 2. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the subject property. The design and construction shall meet all of the requirements of the City of Meridian Public Works Department. C: \W PWIN60\GENERAL\BALINTIN. P&Z OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Stiles, anning & Zoning Administrator DATE: August 4, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Request for Annexation and Zoning of 40.17 Acres to C -G and L -O by Jim Ballantyne Meridian Road and Franklin Road are both identified as entrance corridors in the Meridian Comprehensive Plan. A landscape setback of 35' beyond required ACHD right-of-way should be provided. Detailed landscape plans will be required as part of a conditional use process. As no specific plans are shown, any uses on this site should be considered under the conditional use process for a planned development as a condition of annexation. "Strip" development should not be allowed. A development agreement is required as a condition of annexation. Additional, site-specific comments will be made at the time of conditional use application. It is my understanding the Applicant is working with other property owners toward a master plan of the entire area. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN JIM BALLANTYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 8, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through Wayne S. Forrey, AICP, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 8, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That Applicant's representative stated the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is understood by the Applicants that any uses in the L-O and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the Troy Green project and this will offer the residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 setback of maybe 35 feet along the back on the west edge of the L -O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. 6. That the developer, Jim. Ballantyne, testified that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 foot easement mmld have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to preparation of these Findings of Fact. 7. Mike Wewers testified regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de-sacs or through streets; that he would like to see a layout of roadwork FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYRE Page 5 of the area designated for L-0 and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete -barrier. 8. Raymond Kutch offered testimony regarding the proposed Limited Office (L -O) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C -G allows access through L -O; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. 9. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACHD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHE, supports connections between residential and abutting commercial; that until ACHD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri- plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. 10. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new .development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed .annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 7 irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 13. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 14. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 15. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20 -additional feet) prior to issuance of a building permit (or other required permits); that required street FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights -of -Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 16. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 17. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 18. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.), as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 19. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon positive results from a hydraulic analysis by the City's computer FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 model. 20. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 21. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 23. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 24. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 25. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 26. That Section 6.7U, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques.' 27. That the requested zoning of Limited Office (L -O) and General Retail and Service Commercial, (C -G),. are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L-0) Limited Office District - The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve, heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act asa buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the ( C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTM Page 12 subdivision."; that. the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able! to provide fire, police, emergency health care, water, sewer, parkas and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the -tax base so that some funds to provide for school services for current and future students can be.raised. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNL Page 13 new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 35. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the L-0 and C -G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. 12. That the City adopted the Comprehensive Plan at its FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning. Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L-O and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G) and Limited Office (L-0), but only capable of being developed as a planned commercial development under the conditional use permit process. :15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-O and C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2- 417 D; that the development agreement shall address, among other FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 things, the following: 1. Inclusion into the development, including limited to, the: requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C' H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. but not 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate bexming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9.' Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 the Commission is in a quandary over making a recommendation of approval since no plat or concrete plan was presented; that the Commission would like to receive direction from the City Council as whether the Commission should make approval recommendation where no plats or specifics on development are presented. It is, however, concluded that this proposal is the best proposal that the Commission has received for this parcel of property and should make a recommendation of approval. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED'� n / "t COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED_ CHAIRMAN JOHNSON (TIE BREAKER) VOTED REC016WENDATION The Planning and Zoning Commission hereby recosmends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BA1JjANTYNE. Page 2.2 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P a Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUD OFTREASURE VALLEY A Good Place to Live CITY F MERIDIAN 33 EAST IDAHO MElitIDIAN, IDAHO 83642 Phone(2118) 888-4433 a FAX (208) 88713813 Public Wada/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON. Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and reommendations will be considered by the Meridian Planning Sr Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1. 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C -G and L -O for 40.17 acres BY:_jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIMI HEPPER, P2 _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT XPOLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATI N(PRELIM & _INAL PLAT) CITY FILESi OTHER: YOUR CONCISE REMAR .1 I l OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, ,Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live DF MERIDIAN CITY 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 8874813 Public Warlm/Building Department (208) 887-2211 . GRANT P. KINGSFORD . Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P S Z COMMISSION JIM JOHNSON, Chairman. MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1 1995 TRANSMITTAL DATE: 7/18195 HEARING DATE 8/8/95 REQUEST: Annexation and zoning to C -G and L-0 for 4017 ages BY:lim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 MIOE ALIDJANI, P2 JIM SHEARER, P2 _CHARLES ROUNTREE, P2 TIM HEPPER, P2 _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FIIiL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Zvi �i�l ,G"r2�L _ f. �rLL iv�t Fn y a- w P r o h +1, i. S .111 19;„., j �,�j;-- , u Y u _ ... GG" JAMES E. BRUCE, PresiaenT SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary August 3, 1995 TO: Jim Ballantyne 10250 Whispering Cliffs Drive Boise ID 83704 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MA -1-95 Franklin Rd w/o MeridianR nnex. R-14 & R -T to C -G & LO Your application for the above referenced project was acted on by the Commission County Highway District on August 2, 1995- The attached staff re ers of the Ada approval and street improvements which are required. p°rt lists conditions of If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi Wayne Forrey Hubble Engineering Meridian City Hall ada county highway district 318 East 37th • BCise, Idaho 83714-6499 . Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MA -1-95 - Annexation/R14 & RT to C -G & L -O Franklin Road west of Meridian Road, City of Meridian The applicant is requesting annexation approval with rezone from R-14 & R -T to C -G & L -O to allow office and general commercial development. The 38.25 -acre site is located on the south side of Franklin Road and on the east side of Meridian Road. The site is currently vacant. This development is estimated to generate as many as 27,000 additional vehicle trips per day depending on the use. Roads impacted by this development: Franklin Road - ?viiror arterial with bike path designation - Traffic count 10,242 in 1990 Meridian Road - Collector street with bike route designation - Traffic count 5,378 in 1993 CLARIND4 DR 'LCP AION ,Tz $CH AOM 4CZ BLDG'�A HO CTIDArNJ AV N33IDAH F�q OADWAY CT = n BROADWA\ , 1. ¢ Ny CITY DICK CT NA 0 ...�.�+.,_� Z in w N 'A � •-�•-•BAITOWE ST `n .. BOWER ST y A ADA ST N PINE AV N a d Z )A 0AV7 y y Q i UNION PACIFIC RAILROAD R ST TAILOR AV N a KING ST y- r KING - ST Z ¢ MERIDIAN 1500 = 3 INDUSTRIAL ,Aa'S STdw �RANKL f '`D PARK �E ¢ Si y .001 D DP HPDI i �, O CREST WOODS 3 - CIR ALDEN I - ¢ p ` U ,:'AMBER OF :.UMMERCE BA RIR v`q El F'aOQ 7�7-4 2P FULME a MERG- OAir QF^� avr a O AR!,+c i4 GEM MERIDIAN ANZER ? 2 Y G ��h'O .- PENN ST SPEEDWAY WATERTOWER LN. H O -'NTAIL DR FG9 Fti OSr >CENTRAL hFq a Q VALLEt Q CORPORATE PARK X- �.. �<°Srlw`. j rr� 0 COq PORATE DR ,T 00 N Il tisr Y J O = H D O wLlr 13 • J •.Al1t.A•. ,• Cf � o LW a T a 4�O�f `r�� r r 78 7qq 1 CT ua CENTRAL r. DR 15.WP FRANKLINID or—._. — D ME U LANARK S' m 1600 FRANKLIN RD ¢ O ; 0 0 i ¢ SPRINT Z 0 W 0 F O ¢ w I u i U O L. CADILLAC DR BENTLEY AV a BENTLEY aC.n ACHD Commission Date - August 2, 1995 - 12:00 p.m. ' Facts and Findings: A. General Information R:T & R-14 -Existing zoning CG & LO - Requested zoning 38.25 - Acres 280 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Frankli` 'n_ Manor arterial with bike path designation Traffic count 10,242 in 1990 260 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. Franklin Road from Meridian Road to Linder Road is scheduled to be improved by ACHD in the Five Year Work Program in FY 1997. Mej-' i n Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -fret existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. Meridian Road from Franklin Road to East ist Street is scheduled to be improved by ACHD in the Five Year Work Program in FY 1997. B. On July 6,'1994, the Commission acted on a request for a conditional use approval to construct and operate a 38.25 -acre mobile home park on this site. That application was not approved by the City of Meridian, and the applicant is now requesting an annexation approval with rezone from R14 & RT to C -G & L -O to allow office and general commercial development on the site previously considered for a mobile home park. The portion of the site currently zoned R14 that is south of the lateral is proposed for office. C. The site is currently undeveloped. D. The ACHD Capital Improvement Plan indicates that Franklin Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Franklin MA -1-95 Page 2 i this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of 50 -feet of 5 -foot sidewalk on Meridian Road abutting the parcel prior to issuance of building permit (or other required permits). 3. Provide a $2,210.00 deposit to the Public Rights -of -Way Trust -Fund at the District for the required street improvements of 260 -feet of 5 -foot sidewalk on Franklin Road abutting the parcel prior to issuance of building permit (or other required permits). 4. Driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets. Coordinate with District staff. 5. Driveway or street connections to Meridian Road maintain minimum offsets. Coordinate with District staff. 6. Additional restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall s_peci:Fically identify each requirement to be reconsidered and include tte.. =..u.. � wrr«�.� explanation of why ;uch a requirement would result in a substantial hardship or in=4 Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifica4 identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a ubstantial hard hip or inegl�. 3. A right-of-way permit must be obtained from ACHD for any street or utility construction within. the public right-of-way. Utility cuts should be combined where practical to limit pavernent damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system MA -1-95 Page 4 centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Subinitted hv• Date of Commission �nproval• Devf:loDment Services Staff AUG 0 2 1995 MA -1-95 Page 6 cclarCENTRAL CEN'I RAL DISTRICT HEALTH DEPARTMENT DEPA.TMENT DISTRICT EALTH Emlronmental Health Division ' ` _.., 4...Return to: J U L 2 Boise Rezone ❑ Eagle ❑ Garden city Conditional Use ## C --G p r alp e /¢ 1§4Meridian Preliminary/ Final / Short Plat ❑ Kuna ACZ ❑ I • We have No Objections to sloe 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 ❑ solid lava from original grade ❑ 6• We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: 112 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 7- 8. After written approval from appropriate entities are submitted, we can approve this proposal for: liggLeentral 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 Qrrafity: ,�-eentral sewage ❑ community sewage system 13 community water ❑ sewage dry lines -central water Street Runoff is not to create a mosquito breeding problem. ❑ I I . Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for.any: ❑ food establishment Q swimming pools or spas ❑ child ere center ❑ beverage establishment ❑ grocery store 15. 7 Date: Reviewed By: CDHD 10191 rcb, rev. 1/99 Review SI -eet CENTRAL 00 DLSTRICT DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL • BOISE. ID. 83704-0825 • (208) 375.5211•FAX: 32745M To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment STORMWATER MANAGEMENT RECOMN4EyDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK :Prepared by Camp Dresser and McKee Larry Walker Assoc., Unbe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ada i Im Carly cfko 707 N. Amurtong PL MC 80" • M"Com 1606 Robert SL fto o Can" Of5ce EYnm• Cow* OI6c• vaby Can" office 806e. 0. 83704-0825 kw. 10. 83705 520 E 81h Sheet N. Montan Hama. l0. d Enoral Heo h mr190 P.O. Box 1446 EnM. Heoft 327.7499 Pty. 334.E 83641 Fh 587-"l 190S. 4m Shent E ��y, 9). 83638 Fa* PlDt mq 327.7400 324 Men Rd. Home. 10. FA 6347194 Umxraotbns 3276450 MenOon. 0. .o. 83642 83647 PR 587-M5 Nutrtt on: 327.7460 PK 8884525 'AnC.321J488 G) ' OFFICIALS HW OF TREASURE VALLEY WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, Clay Treasurer A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA GARY D.SMITH, P.T, ateCity EnginWorks BRUCE D. STUART, Water Works Supt. CITY Of MERIDIAN MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO P 3ZCOMMISSION SHARI S. STILES, P 14 Z Adm. KENNETH W. BOWERS, Fire Chief RIDIAN, IDAHO 83642 JIM JOHNSON, Chairman. MOEALIDJANI W. L "BILL" GORDO N, Pollce Chlef WAYNE G. CROOKSTON, JR., Attomey PhoneQW) 888.4433 a FAX (208) 887 813 RE � 0 n /JE JIM SHEARER CHARLIE ROUNTREE Public lYau�s/Buileiing Department (208) 887-2211 uuu aaaqq �Vj © nM HEPPER GRANT P. KINGSFORD G JUL I. t995 Mayor NAWAa& MERIDIAN IRRIGAMON DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH'TxE CITY OF MERIDIAN To insure that your comments and (recommendations will be considered by the Meridian Planning & Zoning Commission, tease submit your comments and, recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1. 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zonjRq to C --Q and L-0 for 4017 acres BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIMI JOHNSON, P/Z MOE ALIDJANI, P/Z JINI SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE: DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) I .S. WEST(PRELIM & FINAL PLAY) INTERMOUNTAIN GAS(PRELIM & ANAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES OTHER: YOLAR, CONCISE REMARKS: Nampa & Meridian Irri ation District will reserve comment on this annexation and zoning, request until the time of tPe°yelnnmr�nt 4ugu, .t 3, 1995 3y 0� l'7ea-i anmy & Zon.in 33 &,6t Idaho Ave. 9 Co mm isms ion J fvu� l'%e�irz ian, ID 83642 ''� �' ve l u i-• S.ur�s, ,�'e '?eceny rcece bved a Notice a/ fiealin O/ the comm i.",G0n, .to con 3 de z thea g °n e ,4etgu st �, 1995 meeting �r-eque_3 ting annexation w.i h zon i�c o ��� est i on o/ aZ im Ba�'Q fie 4A .the /2,,ZOpe44 -Located .sou.th o 7 g Luted UZ/ce and COMMI�Ec-11 jrl,,ae /02 aL.so e_ontacted nanAZin Road and we�s-t o/ Nee n Road. kle we�ze /2-La��z, iceting �uL z Ace/Mf 2, &y the o� ice o f klayne S. TOA ze y-t�:�zy ou�z. concvrirs X02 ,thy annexation y an u�an Uu2 /2�,o/zesety Lo.t #20 on Lynheuts-t /�.QaCe, 60 tfze rucea ('12. Ba'Lrurtyne'h. w.i& Le nex to ou�z .Lack yard. �L ke zoned L-0 The zeque_6t X02 Luted Op'ice and Cow&eltcia�e and wo.aJcaUQe .than l'I2, 13a.&tyrze ',6,�que� t Qa .t yenelza L �seefn� Al�zc t zoe Za.ica.Q /��k. and we have no o�jections to thyea/z /02 L.iLe a 240' apace mohome and concen . is s17zque,5.t, Fut do have a � gue_6tion� 1) 1?ennwood arzd l3a z� S',ttee� now dead-end at the em t zoned R14. IJ L tfzese �5t�ieQ have acce�s�s -into zh y �d that .i1,s cuAAenUy a2ea? Oi-U t/2e e.eis tiveou h ateve/ ij P -tanned /02 .th-i�s "ne-C h.6.o/zhood" g new azea eCOme ma 02 2afEdl� 02 keep a g �eeL to them? flav-cng one main �6t eet -in-to .tJzi�s �3uev.i�s.ion (SoutJu,,e'6,t 7th) ha -6 aiways been impzacticae Ara the d -i in and out, araC having a2teAuzate �zou.t" ,to ou�zohomes o� tJca��c going eve2yorze. 2) ldhat .ty/ze a/ a kul� wig .fie Between the o o/ .the home 0wrze2� a Laze have /4Ce meas and oun homes? 1' any ate cfzarn #ham own /ence,3 ac'%o a.6 .the. 9aek k and home a�ze wood. Re do not want .to See an 0/4ce guiles -some next to out ,ackyalcd /enee. flaw much a/ a �u//e2 wi PL �g �u yft t a /ence w -'-U ke Put u/z �.etween .the new �— Vie. klhat tyke z wi�L t1zElee Le some area.6.the 3uAd I/ not Pence, y/ze o/ "gaeen ge_L,t" curea? Idea eLy, we woaPd Rno�e�ac:onaL Looking a2ea aim4y rz to tome seen along the ��le2 a emLarz/cment, /�QwztecL with t�zee�s and 3h ,si wed ccuced y - a gna's,3 cove/zed a �/��u�z/c-Lenz 3y�,tem. kle go to a .Qof o/ won/c .tom X02 and main.ta.irzecl w-i�th gadc, and w.i& expect no 2es�s � ou2 otra ya�zd, �rzont arul Ecom a new deve.Lo/zmen.t. Ohat we DO NOT want z_6 .to .Look ac�zozz ourz Lack ya zd and See a chain ,/t �en-ce with a .Parzking Lot. The ze Chou& P.e no 4eazon .that a ex cannot ke c,7 eat ed 9tween .the homes a P�read y ice, tin trz 9`zeen �eQ t t ype Q ul� new olie.e �g-s. 9 flus &d iv -i s ion and ('72, zta�urey' 6 014ce said that no /�Zan.6 have .been dizawn u ,sa p,zojectec_ eayout o/ Lji,s aaea. They .seem /" �a�r as to .the even.tua"y ke �i_L.t w� meet with ,the a 9ouauzeQy conce�zned .that what w -i& �su&cLly i�� on. kle a /�/?2ova.e o f .the homeownea.6 to Lj" /�/2'z-eei.ate the chance -to voice oulz concevzs th.i,s ea2Ly -in .the. /2-Lannin.g /22oce-6-6. Thank you X02 you'z conz.t�{an a/ .t/z,!,,j matt,,. S.ince�re.Ly,, . [Ion & Ch�z.,�zt�ine 1jaee 530 Lynhuliz t /-Lace i'1e� id icuz, ID 83642 Phone # 888-3764 r MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER_ 12.1995 APPLICANT: JIM BALLANTYNE AGENDA I TEM NUMBER: 10 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO C-G/L-O AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN JIM BALLANTYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 8, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through Wayne S. Forrey, AICP, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 8, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 1 0 approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C -G) and Limited Office (L- O); that the L -O District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: (L -O) Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C -y) General Retail and Servi the (C -G) District is to provid customarily operated entirely a Commercial: The purpose of for commercial uses which are or almost entirely within a FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That Applicant's representative stated the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin Road and Meridian Road; that it is understood by the Applicants that any uses in the L-O and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (1) year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process where the citizens voices were heard regarding protecting local property values, creating a property tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the Troy Green project and this will offer the residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 6 setback of maybe 35 feet along the back on the west edge of the L -O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that the attraction is Meridian and Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. 6. That the developer, Jim Ballantyne, testified that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 foot easement would have to be annexed to be able to be used for a drive and that consent of the owner would be necessary; that consent was received prior to preparation of these Findings of Fact. 7. Mike Wewers testified regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de-sacs or through streets; that he would like to see a layout of roadwork FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 of the area designated for L-0 and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. 8. Raymond Kutch offered testimony regarding the proposed Limited Office (L-0) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C -G allows access through L-0; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. 9. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACHD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACRD supports connections between residential and abutting commercial; that until ACHD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri- plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be continued streets; but there is a possibility, depending on the development that comes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of those indirect connections. 10. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Kearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 7 Pennwood would be a very convenient street for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. 11. That Don and Christine Mace submitted written testimony; that their property is lot #20 in Lynhurst Place; that the area to be zoned L -O will be right next to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the office areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. 12. That Bruce Freckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 8 irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 13. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 14. That in prior requests for annexation and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 15. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20 -additional feet) prior to issuance of a building permit (or other required permits); that required street FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights -of -Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 16. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 17. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 18. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 19. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon positive results from a hydraulic analysis by the City's computer FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 model. 20. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 21. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 23. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 24. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 25. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 26. That Section 6.7U, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 27. That the requested zoning of Limited Office (L-0) and General Retail and Service Commercial, (C -G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L-0) Limited Office District - The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve, heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 12 subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 35. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development and general commercial development. It was also stated that it is understood by the Applicants that any uses in the L-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. 12. That the City adopted the Comprehensive Plan at its FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L-0 and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial (C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G) and Limited Office (L -O), but only capable of being developed as a planned commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-0 and C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2- 417 D; that the development agreement shall address, among other FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 13. Traffic plans and access into and out of the development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 . be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 20. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L -O) and General Retail and Service Commercial (C -G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L -O) and the property to be zoned General Retail and Service Commercial (C -G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall not be annexed. 24. That, as found above, the Applicant did not present a subdivision plat or any other specific or concrete plan of development and Applicant only presented verbal indications as to what might be developed on the property; in a prior application for annexation and zoning the City Council decided that the application should be denied because no plat or concrete plan was presented; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 the Commission is in a quandary over making a recommendation of approval since no plat or concrete plan was presented; that the Commission would like to receive direction from the City Council as whether the Commission should make approval recommendation where no plats or specifics on development are presented. It is, however, concluded that this proposal is the best proposal that the Commission has received for this parcel of property and should make a recommendation of approval. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 22 Wayne S. Forrey, AICP Urban Planner and Development Analyst 52 East Franklin Road -{Meridian, Idaho 83642 Comprehensive Planning / City & Regional 22 August 1995 Plan Updates Citizen uric paticn Community Relations Growth Management Plan implementation Zonino, Annexation & Development Crdinances Code Analysis Land Development Planning & Negotiations Infrastructure Planning Revitalization Plans Economic Development Community Development Finance Analysis Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contrzct P!annna ,ervices to Ci!ies & Counties Will Berg, City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Dear Mr. Berg: Telephone (208) 887-6015 Fax (208) 887 -6C49 - RECEIVED AUG 231995 CITY OF MERIDIAN On July 11, 1995, Jim Ballantyne, et al, submitted an annexation and zone change for property they own in the general vicinity of Meridian Road and Franklin Road. On August 8, 1995, this application was brought before the Meridian Planning and Zoning Commission of the City of Meridian. At the Planning and Zoning Commission public hearing, we were informed by the City Attorney, Mr. Wayne Crookston, that we needed a notarized affidavit from Mr. Norman G. Fuller saying that he also wished to be annexed into the City with Commercial General (C -G) zoning. This is because Mr. Ballantyne has received an easement from Mr. Fuller to allow access to Meridian Road. We have acquired the necessary notarized affidavit and you will find it enclosed. Please let me know if there is anything else you need for this annexation request.. Respectfully, 4 Wayne . Forrey, AICP Enclosure cc Wayne G. Crookston, Jr. - City Attorney Member: American Institute of Certified Planners - American Fanning Associat on - Idaho Planning Association LEGAL OWNER AFFIDAVIT ANNEXATION REQUEST AFFIDAVIT RECEIVED AUG 2 3 1995 CITY OF MERIDIAI Z�-P -T-,t7 C I, fler, do hereby certify that I am the legal owner of the land directly abutting the Jim Ballantyne, et al, property with access to Meridian Road. I further state that I hereby officially request an annexation of said property by the City of Meridian, Idaho, for C -G (Commercial General) zoning. F../5c �« _ _.• STATE OF IDAHO ) ) ss. County of Ada ) ON THIS day of 195, before me a notary public in and for said State, personally appeared v i s ,� known to me to be the persons whose names are subscribed to the withi instrument, and acknowledged to me that //6, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Expires 12-,61 , 19 900 19 Residing at�2�1�� Idaho S, a MERIDIAN PLANNING- & ZONING COMMISSION MEETING: AUGUST 8.1995 APPLICANT: JIM BALLANTYNE AGENDA I TEM NUMBER: 19 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATIONIZONING FOR 40.17 ACRES TO C -G AND L -O AGENCY COMMENTS / (/ CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER MEMORANDUM: August 3, 1995 To: Mayor, City Council, Planning & Zoning ra From: Bruce Freckleton, Assistant to City Engineer Re: SOUTH OF FRANKLIN RD. & WEST OF MERIDIAN RD.- Jim Ballantyne (Request for Annexation & Zoning to C -G and L -O for 40.17 Acres) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The legal description supplied with this application for Annexation meets the accuracy of closure required by Idaho Code and the City of Meridian. 1/2 of adjacent Right -of -Ways are included in the description. 2. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 3. Any existing irrigation/dramage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the subject property. The design and construction shall meet all of the requirements of the City of Meridian Public Works Department. C A W PW IN60\GENERAL\BALINTIN. P&Z OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Stiles, Fanning & Zoning Administrator DATE: August 4, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P d Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Request for Annexation and Zoning of 40.17 Acres to C -G and L -O by Jim Ballantyne Meridian Road and Franklin Road are both identified as entrance corridors in the Meridian Comprehensive Plan. A landscape setback of 35' beyond required ACHD right-of-way should be provided. Detailed landscape plans will be required as part of a conditional use process. As no specific plans are shown, any uses on this site should be considered under the conditional use process for a planned development as a condition of annexation. "Strip" development should not be allowed. A development agreement is required as a condition of annexation. Additional, site-specific comments will be made at the time of conditional use application. It is my understanding the Applicant is working with other property owners toward a master plan of the entire area. OFFICIALS ILLIAM G. BERG. Jr., City Clerk 4NICE L GASS, City Treasurer iARY O. SMITH, P.E. City Engineer TRUCE D. STUART, Water Works *upt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (708) 888.4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August -1. 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C -G and L -O for 40.17 acres BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MOE AUDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMAT17 (P�tELIM �JNAL T) CITY FILES / / �C YOUR CONCISE C011 TY 4, OFFICIALS WILLIAM G. BERG. Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW r dZCOMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C -G and L-0 for 40.17 acres BY: Jim Bai an ne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES j V OTHER: YOUR CONCISE REMARKS: �,, i n i iry✓ �i 2� -�� ca'u- �t,vf' I} ADA COUNTY HIGHWAY DIS Development Services Divisi Development Application tep MA -1-95 - Annexation/R-14 & R -T to C -G & L -O Franklin Road west of Meridian Road, City of Mei The applicant is requesting annexation approval to allow office and general commercial develops south side of Franklin Road and on the east s' vacant. This development is estimated to r per day depending on the use. Roads impacted by this developme a -14 & R -T to C -G & L -O re site is located on the The site is currently 00 additional vehicle trips Franklin Road ANSMino with ath designation Meridian Road for Issues to be ad ; ssed: 1. Rig ;i way requjfient, 2. Roae 3. Acce location ! in 1990 � bike route designation in 1993 CLARINDA DR `PINE ARIVON T` 3T!. -[ SCH AOM • SLOG PINE AV ry y c9 J N, < Wil :PINE A ;q HO CT H N IOA.p A= y 3 IOA J AV ¢ a IDA • ? ��1 H O •• - 9 AOWAYCT = n BROAOWAv,LV m ¢ y y CITU NA AV BR OW AY AV N i ¢ O ¢ I DICK CT O % N ti W > O .�r..•RAII ROAD ST H UNION PACIFIC RAILROAD ¢ I ;5A T BOWER ST H BOWER ST • TA r_ • ADA $T y W H i O UO •LANARK ST ME in TAYLOR AV KING KING ST ST h n AC. = 1500 ; o ; 8 ¢ MERIDIAN WILL AMS ST INDUSTRIAL U < m FRANKL =aESiWOOD DP y ,., .30 PARK m FRANKLIN D 1600 FRANKLIN RO W )R HEIOI R8 CREST WOODN I s ¢ CHAMBER OF Cc PL W F; U CIR ALDEN BARRE T N Q U 3 COMMERCE 8 E,yhf40 in Sr ' DR FULME GIP ¢ O ARMS 2 9 MERIDIAN QQ 2 C SPRING 2r a � ¢O Oq y aF �2 i MERG. LN GEM • $ t Q St SPEEDWAY WATERTOWER LN. •' p gtih'00 ANZER G PENN 2 F�9 F'1' O`rl �' W CENTRAL VALLEY ¢ • l R 'WTAK DR ET yF4 2 a S n Q y CORPORATE PARK 0 _ H < y 3 Sl Osl �¢ O IX ¢ y COq PORATE DR O • ¢ v u�l 3 �Sr ¢ 41 g a HB4C 1.3 I Qa 0 J VALiMA..i4 • CF '�Il',9 D M 5 o 'o O `� • TRS CT `— • OR OP CENTRAL CADIILAC r DR BENTLEY AV � BENTLEY CO ._..� 1 n0 ACHD Commission Date - August 2, 1995 - 12:00 p.m. Facts and Findings: A. General Information RT & R-14 - Existing zoning 0 - Requested zoning L 138.25 - Acres 280 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessor Franklin Road Minor arterial with bike path Traffic count 10,242 in 1990 260 -feet of fronts-ee 50 -feet existi" -of--`Weetfrcenterline) 90 -feet require -wafrom centerline) Franklin Road- pr , ,jjffhLh 30'feet of pavement with no curb, gutter or sidewalk. Collecto " eet with bikroute designation Traffic 5,378 ' 93 50 -feet asement only) 50 -feet ex�r fight -of -way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38.25 -acre mobile home park on this site. That application was not approved and the applicant is now requesting an annexation approval with rezone from R-14 & R -T to C -G & L -O to allow office and general commercial development on the site previously considered for a mobile home park. C. The site is currently undeveloped. D. The ACHD Capital Improvement Plan indicates that Franklin Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Franklin Road and for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. MA -1-95 Page 2 2. 3. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of 50 -feet of 5 -foot sidewalk on Meritan Road abutting the parcel prior to issuance of building permit (or other Provide a $2,210.00 deposit to the Public Rig] required street improvements of 260 -feet of 5 - parcel prior to issuance of building permit (or 4. Driveway or street connections to Franklin Hoff Building Supply on the north side of l Coordinate with District staff. 14 5. Driveway or street connections to with District staff. A 6. Additional restrictions on District policy be p Standard Req Way,? sidewa on or nits). -I at the . strict for the ad abutting the nit... the existing driveway to the ain minimum offsets. minimum offsets. Coordinate locations of driveways, as required by nent of this parcel. A request„ r modificatio ,`variance or waiver of any requirement or policy outlined herein shall be de in writin F the Development Services Supervisor. The request shall Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. 't'1iP___ request for appeal shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. MA -1-95 Page 4 t 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to publics is fcr w and appropriate action by ACHD. _ (F 18. All public streets and drainage systems shall be r d and const mcte in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, ngs, p sign information and calculations presented to ACHD shall be. ed an ated by a Registered Professional Engineer or Professionalnd S, a ompliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revis plans' r s pproval, prior to issuance of building permit (or other? quired pe ), w .. orates any required design changes. 21. Construction, u rope opment shall be in conformance with all applicable requirements of th ti oun ay District prior to District approval for occupancy. Should yo, `pTiave any qu 1 or comments, please contact the Development Services Divisio 345-7662. Date of Commission Approval: Development Services Staff MA -1-95 Page 6 1 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division _..._ ` Return to: 'iHEAETH !- i. _ .❑ Boise DEPARTMENT [:]Eagle ❑Garden city Rezone # �� T� / Conditional Use # C �G" A;§ -Meridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ �rM 1,J �J�c 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. ❑1 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 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: �entral 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: �eentral sewage El community sewage system ❑ community water ❑ sewage dry lines -central water �— f 0. Street Runoff is not to create a mosquito breeding problem. ❑ I I. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 • 5. -?l i�/�L- SNA �s� �i GI' //1 /S Date: Reviewed By: Review eet CORD 10191 rcb, rev. 1/95 Cf CENTRAL , DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL a BOISE. 10.83704-0825 • (208) 375-5211 . FAX. 327-8500 To prevent and treat disease and disability, to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMI MNDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with 'the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore. Boise, and Ada Counties Ado / Im Cavy 0fte yx Base • fl4wdm Bmom cars 08ke emore cw* 08ke Vdey Carriy Ocoee 707 N. Amntrong PL 1606 Robert St. S20 E IIA Sheet N. d EmiomNrid Hem P.O. Box 1446 Base, 0. 83704-0825 Boise. 0. 83705 Montan Hort+e. 4). 190 S 41h strut E Mccd.10. 83638 Enwo. HeWL 327.1499 PA. 334.1355 13641 Fh. 587.4401 Mardw Home. 0. Ph 6341194 FW* Pb m q 327.7400 324 Men im Rd 83641 Ph 587.9715 Vio u x0fiatx 327.7450 NA nftr 321.7460 Me4tlim. 0. 83642 Ph 888-0525 'NIC. 227-7488 JAMES E. BRUCE, Presiaent SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary August 3, 1995 TO: Jim Ballantyne 10250 Whispering Cliffs Drive Boise ID 83704 FROM: Karen Gallagher. Coordinator Development Services Divisio SUBJECT: MA -1-95 Franklin Rd w/o MeriditRex. R-14 & R -T to C -G & LO Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on August 2, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi Wayne Forrey Hubble Engineering Meridian City Hall ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MA -1-95 - Annexation/R14 & RT to C -G & L -O Franklin Road west of Meridian Road, City of Meridian The applicant is requesting annexation approval with rezone from R-14 & R -T to C -G & L -O to allow office and general commercial development. The 38.25 -acre site is located on the. south side of Franklin Road and on the east side of Meridian Road. The site is currently vacant. This development is estimated to generate as many as 27,000 additional vehicle trips per day depending on the use. Roads impacted by this development: Franklin Road - Mir or arterial with bike path designation - Traffic count 10,242 in 1.990 Meridian Road - Collector street with bike route designation - Traffic count 5,378 in 1993 a z PI ADM' n i 'NE AV .. •' �� ... ILUS,IERION 3T= SCH ADM BLDG h s �� PINE AV Z.�i�• �— CLARINDA DR PMfE AV _ '� 2 "" Vi IDAHO AV m �+ 3 IDAH AV Q IDA O AV • m CITY ? OADWAY C? - BROADWA�L. ¢ m HA BR DW AY AV 11 DICK C7 H w _ UNION PACIFIC RAILROAD •..r.e.•RAI, ROAD ST BOWER ST `� -BOWER $T � • `+' r ME ' T F._ _ '., ANAPK ST 4 L 4 N I AC AOA ST a KING ST a J ` - ' T4vLOR AV KING ST ry MERIDIAN m Z ; INDUSTRIAL G o N„I ,A.,.� $+ a Ts00 FRANKLIN RD w G `O PARK 6 FRANKLIN D 1500 i Z CRAWL f. y - • �� • Q D ES'wOOD DP ¢ ✓AMBER OF ,� 3 HEIDt rCRES T WOODN D N ZQ '#':.OMMERCEPL z IRALDEz BARREE C c OR O ARMS M[RIDIA�; 1 •Z- y£q° N ST 2� > FULME LN GEM ® p ¢ p MERG- a DRQ AF"+ QW = = ST SPEEDWAYWATERTOWER LN. w 1. w C 2 Y +VSD Q PENN CENTRAL VALLEY 0 W p NT 41RL DR U F 9F by°Sr ^ i a N I N COQPOROE DR ATE PARK • a 4 n _�Z U rsr Ln < 1 • j a OO,y x j C~ � O a O LNa sr 13 `SAL i MA'. CE, C wq'lD f 18 L� 1 l CADILLAC DR • rqq Cr ` ! U4 (,E > O RAL BENTLEY AV < BENTLEY CO MAl95.WPD ACHD Commission Date - August 2, 1995 - 12:00 p.m. Facts and Findings: A. General Information RT & R-14 -Existing zoning CG & LO - Requested zoning 38.25 - Acres 280 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Minor arterial with bike path designation Traffic count 10,242 in 1990 260 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. Franklin Road from Meridian Road to Linder Road is scheduled to be improved by ACHD in the Five Year Work Program in FY 1997. Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. Meridian Road from Franklin Road to East 1st Street is scheduled to be improved by ACHD in the Five Year Work Program in FY 1997. B. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38.25 -acre mobile home park on this site. That application was not approved by the City of Meridian, and the applicant is now requesting an annexation approval with rezone from R14 & RT to C -G & L -O to allow office and general commercial development on the site previously considered for a mobile home park. The portion of the site currently zoned R14 that is south of the lateral is proposed for office. C. The site is currently undeveloped. D. The ACHD Capital Improvement Plan indicates that Franklin Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Franklin MA -1-95 Page 2 Road and for ri to be gh Paid ft -of -way dedication in or the additional ri addition to administrator ght-of-w what exists now. 000� #188. prior to breaking ay, he/she must sub If the developer g ground, in accordance mit an application to the per wishes with Section 15 of ACHD impact tee E. In accordanCe Ordinance to the with District Public Ri hts- Policy, staff recommends Road abuttingg °f way Trust Fund t that the the parcel, he cost of construct,applicant be required to de These improvements iedng 5 -foot sidewalk ° P°sit F There is an a are estimated to n Fra existing drivewaycost a total of $2.210.00. in Franklin• Staff recommends for the Hoff Building sufficient offsets be ends that the subject g Supply 'ac"' maintained. Parcel access �' °n the north side of be aligned with this driveway G The ACRD Capital Im Y or Road ImpactImprovement Plan indicates that Fee funds to increase its c Meridian PP given for construction capacity. therefore Road is a Road and for ri °f the roadway im rove ,Road Impact Feer Offsets oved °ma e °f to be ght-of--wa p menu (excluding paid for the Y dedication in addition to g sidewalk Y be administrator additional ri what exists ) along may nistrator prior to bre ght-of--way, he/she now. If the develo #188, along ground must submit an a Per wishes in accordance with application to the impact fee H In accordance with District Ordinance to the Public Rights -of -Way Policy, staff recommends that the a g the ease the cost of constructing be required to easement. These ' nstructing 5 -foot sidewalk on deposit I. There are two stubs on theprOVements are estimated to cost a total of Meridian streets abut the ° site's west boun $425.00• stub street connectionsp rt1On of the site �'3' from a residential subdivision. The proposed for limited office. recommendations at at the time a development Staff will review stub that time. Stub s pment plan is submitted and make the Proposed south and east. streets may Y be required to the abutting parcels to the J. Based on development that pment patterns in flus area the trans, s and the resulting traffic generated by this proposed development. will be adequate generation quate to acco , staff pment. accommodate additional traffic K. This application is scheduled for a Zoning Commission on Au Public hearing gust 8, 1995.by the City of Meridian Planning and If the rezone is approved pproved and develo recommendations to the Cit development proceeds, the District City of Meridian. will provide the following Site Specific Requirements: Dedicate 45 -feet of ri additional feet ght-of-way from the centerline of Fra Prior to issuance of buildin will be com nklin Road abutting the parcel (20 - Will for this additional right-of-way g Pelt (or other re ght-of-va 9uired permits) The owner Y from available impact fee revenues in MA -1-95 Page 3 this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of 50 -feet of 5 -foot sidewalk on Meridian Road abutting the parcel prior to issuance of building permit (or other required permits). 3. Provide a $2,210.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of 260 -feet of 5 -foot sidewalk on Franklin Road abutting the parcel prior to issuance of building permit (or other required permits). 4. Driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets. Coordinate with District staff. 5. Driveway or street connections to Meridian Road maintain minimum offsets. Coordinate with District staff. 6. Additional restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any Services Supervisor. requirement or The�licy eauest outlined herein shall be made in writing to the Development �nPrifically identify each renuirement to be reconsidered and includ why m n would result Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 1 5�ar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for anneal shall specifically identify �- cidered and include a written Pxnlanation illw would result in a substan ial hardship or inequity. 3. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system MA -1-95 Page 4 shall retain all storm water on-site and shall conform to the requirements of the City of Meridian. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate a 20' x 20' right-of-way triangle (or appropriate curve to keep street improvements within the public right-of-way) at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are proposed, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way, as may be required by the District. Authorization for relocations shall be obtained from the appropriate entity. 12. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 -feet; and the short leg measured down the MA -1-95 Page 5 centerline from the collector street curb line 20 -feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD . 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. IT - 61$11 :� 99 MA- 1-95 Page 6 August 3, 19 9 5 Ax.1:7 City o/ Nza id ian Planning & Zoning Comm i -6z ion 33 Eazt Idaho Ave. me&id i_an, ID 83642 si",Healz ing X02 the August 8, 1995 meeting We �zecerztey �z,ece.ived a Notice o� o/ the commies z ion, to co".ideA the application o� Pim Ba22an-y"• He '-� ,.eque,3# ing annexation wUh zoning o/ Limited O/Ace and Commenc al gjenenal /02 Vie pzopertty located 60uih o/ T4anlbin Road and uwAt o� Merridi.an Road. 6le werze alto contacted yezie2daY, August 2, ty -the o�/_ice o� Uayne S. foivzey, an a/dan pZannerz, zequeAting ourz concevzs IO2 thus annexation ",quest o/ 172. BaL&m-;tyae" r6. OU,z plLopgA4 iz .dot #20 on Lynhurzst Place, 5o the a2ea that, will ge zoned L -O w,iQ.e te next to out hack yalzd. The �.eque�st X02 Lamed O��ice and Comme2cia2 Geizelza.� heems morce /znuctica.� and wolzka.� -e than 172. Ba. &mLyne'.s iregaez Past years X02 a 24U h�ace e home pack, and we have no ogjectionz to th.iz Aequest, but do have a lew q and conceAnz. 1) Peru ood and Ba.4Aett Staeetz now dead-end at the empty /i.e& that i,3 cuA"-aLey zoned R14. Wilt ihezz .3Lz� have acce6.3 ,into whateve2 1,6 planned /02 V". a2ea? Will the ZLTee -6 ihrzough ih.i3 new arzea become majo2 ltoads, 02 keep a "rw,i.gh&o,zhood" 1eee to them? having one main .itaae� ,into th.iis .6u di.vc .ion t 7t (Sou,Vwe_6h) h" a&ayz been imptactica2 lAom the amount o/ .tAal/i go tng in. and out, and having a2teAnate zoutes to out homes would P..enel-it eveAyone• 2) ldhat t ype o� a &u//,ez will te 9eiween the q4ce a"—" and owc home? (zany o/ the home owrze z aLwady have . hei z own fences acrzo s s thein hack yaadh -.some a ce chain link and 6one arze wood. Ue do not want to zee an q/_ice tu i,P_d ng 1ri-ght next to out azckyand Renee. How much o� a leA will theme ge? What type 0/ a Renee iai-U Le /gut up �edween the new arr ea s the ,sem v rJ, ion? I/ nota aen ee, will thence Le some type of "gaeen P,,.e2t" area? Ideally, we would ��ce� a pltol,"•s-ionat looking aizea zimlla a to .some •seen along the leeway - a giz"s eove2ed em&ankment, planted h th Lwe s and zhl s; ,)eU carred X02 and maintained with a ,312nInkQerr go to a �rcomta new develo/�ment. o� wojzk to mainlain ourr. own yaad, Irzont and tack, and w. U expect no.Pzss What we DO NO7 want iz to .look acAo s s out hack yard and .see a chain link �� �Ce w.zth a /2a4k ng .lot. 7helze .6hou.ld e, no izeaSon that a grceenz Pelt. 412 cannot Pe cleated Pe&een the homes aiaeady ex"Lmg in thzz .3uPrLi.vzz ion and new g4ce gai ld ing s. a� t o the 17,z. 70,7,wy',6 o�/ice .said that no pZanz have Peen duzwn up .60� pao jest ed .layout 0� thus arcea. They .seem gzw,&ze.ly conceAned that what mill eventuaft P- wtli meet uLi, l the a/2/2a.ova.l o� the homeomaeltz -in bhiz .3uMjv.ir6.ion. Ide a/zpzeciate the chance to voice out conce/mz thin ea2.ly .in the planning pnoce-sr6. Thank you 102 yourz eo" iderzation o� th.iis matterz. S.i neea el y, [Ion & ChAi-6t irze Mace 530 Lynhu&A Place 17e4jd ian, IB 83642 Phone # 888-3764 Augu-3t 3, 7995 City o/ Nea i d i.an l .laming &0 Zoning Comm j,6,3.�on ���U f 33 Capt Idaho ,4ve.•4 nfi MRA4cLian, ID 83642 S.uts, We /zeceni_4 1ece i.ved a Noit ce o/ Kea&ing /02 .the ,4ugu s.t 8, 1995 meeting o/ the comm i z i.on, to corv.tdert ,the app Li.cat-ion o/ ;im BaLtant yne. fie .tis n.equeZt.i,ng annexation with zoning o,2 Limited 0// -ice and Commeltcia. Genelta.l /02 .the /2, opeaty .located .bouth o/ 7AankLin /Road and west o� 17e4ulian /toad. Ile weal also contacted ye,ste,t , Auguht 2, .&y the 0/4ce o7P_ Mayne S. io4,sey, an uAtan /2.laivzea, lcequeztmg out conceruzz /oz this annexation 4,equezt o/ OIL. Ba & tyne',s. Out /22o/ze2ty .iz .lot #20 on Lynhtuust Place, ,so the a4ea that. w.iV Le zoned L-0 w -W le next to out lack yartd. The zeque st /oz Limited 0/4ce and Comme4cicd Gene wd ,seems more /enact ica.l and woAkaUe than i',z. z3a.Llantyne',3 nequ t. &,3t yeah /02 a 240 ,apace mokile home partk, and we have no olject-ionz to thin "4uezt, &ut do have a dew queati.ons and concerns. 1) /Pennwood and daAiz it Sheets now dead-end at the vnp4 /_veld that .t_,s CUA" ntly zoned R14. b),i—U thew 8tize et_6 have acceU,s -into uAaLeve2 .i z planned /02 thus a2ea? II -i -U the ziaeet s th zough thus new aaea P.ecome ma o2 zoad 6, oz keep a "nei.ghe-onhood" Teel to them? Having one main ,3t wet ,into th4.JuPrjvj.6ion (Southw"t 7th) hay a"xLy-6 geen-im/2,tactica.l Am the amount o/ �Ua/tic going .in and out, and having alte/mate zoutez to out homez would leae)t t eve2yone. 2) What type o/ a lidless wiU ge letw.een the 0/4ce a4za6 and out homzz? liany o/ the home own e u aZaeady have theist own /-en,c e s acitoh s them lack ya2d s -,some ate chain -Link and home arse wood. Ile do not want to zee an o/4ce dui &.ing eight next to ours lackyalzd fence. How much o f a Pulte wj& the letween l e? What type o a ;�erzce will le put up the new azeas the -6ugdi.vision? Il not a Ace, wiU t� l.e zome type of "92eem .left" a.¢ea? Idem , we would /z,.elea a /2201ess.iona.4e &ok.ing aaea z.inziiaa to ,some 4e -en along the /leeway - a glass covRAed emlankm.nt, planted with Lw-" and ,shrug✓; well eared loa and maintained w j, a _ip4 rrk.le z zy,6tem. Ile go to a lot of wojtk to maintain out own yaitd, Aont and tack, and m.ZU expect no .less Mom a new development. What. we DO NO7 want iz to look acao s s oust .lack yartd and ,see a chain ,Link f ence with a pa/zh i g .lot. 7he4_e ,should le no ,zea son that a g4een te_U type �l cannot le c4eated l.etween the how -6 al�teady exi sting in L, .jz ,3u&Li.v-us.ion and new ollice QL�ildinys. ITz. fo44ey',6 oll.iee Said that no piartz have .leers d2awn up ,so lag az to the /z20jected .layout of this a2ea. They ,seem genuZLely concesuzed that khat w.i" eventua.Lly le Qui& wz.0 meet with the appzovai of the homeownert,s 4a th.i.,s zuF,�diviz, ion. Ile appAeci.ate the chance to voice out conceanz thi-6 eaaZy in the Piwmtng PTocuss. Thank you l02 yom con s.ide4ai ion o f thins matt m. sincz,'Ze y, Don 9 Cfuu:,st.ine llace 530 Lynfuutzt /.lace l%an, ID 83642 /'hone # 888-3764 OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P S 2 Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HEA3 OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (206) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Annexation and zoning to C -G and L-0 for 40.17 acres BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: I � APPLIATION FOR ANNEXATION APPROVAL & ' ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION 1 FILING INFORMATION ' I. GENERAL INFORMATION South of Franklin Rd. and West of Highway 69 (Meridian Road) (PROPOSED NAME OF SUBDIVISION) A portion of.the NE'- Section 13 T3N R1W ' (GENERAL LOCATION) Please see Attachment A also. ' (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Please see Number 2 on Annexation and Zoning Additional (NAME) Information. (TELEPHONE NO.) (OWNER(S) OF RECORD) Please see #2 on Annexation and Zoning Additional Information. ' (ADDRESS) (208) 375-.1966 Jim Balla nt ne (TELEPHONE NO.) (APPLICANT) (NAME) 10250 Whisper nCliffs Drive Boise ID 83704 (ADDRESS)--- Hubble Engineering (Engineer) (208) 322-8992 Wayne S Forrev, AICP (Planner) (208) 887-6015 SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) ' (ENGINEER, 2135 Ridgeview Way Boise, ID 83709 83642 52 E. Franklin Rd. Meridian, ID (ADDRESS) 'Citv of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Limited Office and Commercial -Development ERCIAL INDUSTRIAL) - RESIDENTIAL, COMMERCIAL, (TYPE OF SUBDIVISION ' +50 38.25 ACRES OF LAND IN CONTIGUOUS OWNERSHIP: (FEE) ' (ACCEPTED BY:) 1 ANNEXATION AND ZONING REQUEST ADDITIONAL INFORMATION 1. Name, address and phone number of applicant. Jim Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 2. Name, address and phone number of owner of subject property, and proof of title in said owner. Jim Ballantyne Art Troutner 10250 Whispering Cliffs Drive 707 Troutner Way Boise, ID 83704 Boise, ID 83712 (208)375-1966 (208)344-5956 David L. Nordling Dennis E. Heeb P. O. Box 7705 3430 Americana Terrace Boise, ID 83707 Boise, ID 83706 (208)343-4983 (208)342-3631 Paul Troutner Edward Jenkins 629 W. Richmond_T ,ane P. O. Box 6106 Boise, ID 83706 Carefree, AZ 85377 (208) 344-5764 (208) 488-9209 Please see Attachment B for proof of title. 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner. Please see Attachment C. 4. Legal description of property. Please see Attachment A for legal descriptions of entire property, L -O zone and C -G zone. 5. Legal description of all adjoining rights-of-way, railroads, roa(fways, highways and easements the full length of the property. Please see Attachment A. II 1 1 1 1 1 1 1 1 9. Present land use. Vacant and surrounded by Urban Development. Proposed land use. Limited Office (L -O) and Commercial General (C -G) to allow office development and general commercial development for Meridian tax base. Present district. Zoned High Density Multi -Family Residential (R-14) and Rural Transitional (RT) by Ada County. Proposed district. Limited Office (L -O) and Commercial General (C -G). 10. Characteristics of subject property which make the zoning amendment desirable. During July/August 1994, Mr. Troy Green and Associates applied for $-15 zoning on this property to construct a Mobile Home Park. The City denied the Troy Green R-15 request because the city felt there was too much residential development and not enough commercial development in the Community. As a result of the City's guidance away from residential uses at this site, the property owners (Mr. Ballantyne and others) have agreed to annex this site into the City of Meridian for Limited Office (L -O) and Commercial General (C -G) development. The portion of property next to the residential lots within Franklin Square Subdivision (excluding lot 17 Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road. This property is designated urban in the Comprehensive Plan. 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. The area surrounding this property is urbanized and includes commercial development, the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision. With Limited Office located on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have businesses uses at this location. 12. One (1) map of scale one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment. Please see Attachment D. Annexation and Zoning — Additional Information — Page 2 F1 1 fl I 1 1 11 n 1 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet. Please see Attachment E. 14. A list of the mailing addresses of all property owners, from authentic tag records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered. Please see Attachment F. 15. A statement of how the proposed zoning amendment related to the Meridian Comprehensive Plan. This annexation request complies with the Meridian Comprehensive Plan. The Meridian Comprehensive Plan supports office and commercial land uses along Franklin Road and Meridian Road. The Comprehensive Plan supports placing L -O adjacent to the residential lots within Franklin Square Subdivision as a compatibility buffer. The applicants understand and agree that any uses in the L -O and C -G zone should be processed with a Conditional Use Permit to allow additional public and City permit review to address site specific issues at the time of development. The applicants request a development agreement that addresses Conditional Use Permit procedure for all development in this annexed property. 16. A fee as established by the Council. Less than 1 acre = $400.00; Over 1 acre = $400.00 + $15.00 per acre over portion thereof. In addition to above fee applicant shall pay cost of certified mailings at rate of $1.42 per notice. Base fee - - $ 400.00 Additional acres 38 acres x $15.00 $ 570.00 Certified mailings 92 people x $1.421$ 30.64 TOTAL $1100.64 17. The property will be posted one week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. _ Please see Attachment G. Annexation and Zoning — Additional Information — Page 3 ENG!lyF�9lp HUBBLE ENGINEERING, INC. y 9550 Bethel Court ■ Boise, Idaho 83709 2081322-8992 ■ Fax 208/378-0329 9�0 SURvtiA0 ' PROJECT NO. 9515200 JULY 11, 1995 DESCRIPTION OF TOTAL BALLANTYNE PROPERTY PORTIONS OF THE E1/2 W1/2 NE114 AND N1/2 N1/2 SE114 NEI/4 AND THE SWI/4 NEI/4 NEI/4, SECTION 13, T.3N., RAW., B.M., 1 MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN PORTIONS OF THE E1/2 OF THE W1/2 OF THE NE1/4 AND THE N1/2 OF THE N1/2 OF THE SE1/4 OF THE SAID NE1/4 AND THE SW1/4 OF THE NE1/4 OF THE SAID NE1/4 OF SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULAR DESCRIBED AS FOLLOWS; COMMENCING AT THE SECTION CORNER COMMON TO SECTION 12 AND THE SAID SECTION 13 AND SECTIONS 7 AND 18, T.3N., R.1 E., B.M.; THENCE SOUTH 8952'43" WEST 2657.32 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NEI/4 OF SECTION 13, WHICH IS ALSO THE CENTERLINE OF FRANKLIN ' ROAD, TO A POINT MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 12 AND 13; THENCE NORTH 89°52'43" EAST 966.33 FEET ALONG T HE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89°52'43" EAST 238.33 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 005'44" WEST 338.10 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF NE1/4 OF SECTION 13 TO A POINT; - - THENCE NORTH 89°52'43" EAST 124.00 FEET ALONG A LINE SOUTHERLY OF AND PARALLEL WITH THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°05'44" WEST 324.80 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NEI/4 OF SECTION 13 TO A POINT MARKING THE NORTHWEST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF tSECTION 13 TO A POINT; ' TOTAL BALLANTYNE PROPERTY PAGE 1 OF 3 1 ' PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 8954'40" EAST 663.42 FEET ALONG THE NORTHERLY BOUNDARY ' OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 010'27" WEST 663.29 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID SW1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE SOUTHEAST CORNER OF THE SAID SWI/4 OF THE NE1/4 OF THE NEI/4 OF SECTION 13; THENCE NORTH 89°56'39" EAST 129.26 FEET ALONG 1 HE NORTHERLY BOUNDARY OF THE SAID SE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 015'11" WEST 195.30 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13 TO A POINT; THENCE NORTH 89°56'51" EAST 533.24 FEET TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13; THENCE SOUTH 015'11" WEST 50.00 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 8956'51" WEST 533.24 FEET TO A POINT; THENCE SOUTH 0°15'11" WEST 86.37 FEET ALONG A LINE WESTERLY OF AND PAPALLEL WITH THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SAID N1/2 OF THE N1/2 OF THE SE1/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 89°57'58" WEST 790.85 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE N1/2 OF THE N1/2 OF THE SE1/4 OF NE/4 OF SECTION 13 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID N1/2 OF THE N1/2 OF THE SEI/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 005'44" WEST 149.45 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TOA POINT; THENCE SOUTH 79°54'09" WEST 520.33 FEET TO A POINT; THENCE NORTH 86°00'01" WEST 149.96 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13, WHICH IS ALSO THE EASTERLY BOUNDARY OF FRANKLIN SQUARE SUBDIVISION, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 44 OF PLATS AT PAGES 5587 AND 5588; TOTAL BALLANTYNE PROPERTY PAGE 2OF3 X11' � 1°ik„Amc" �' 2 o F 6 PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 0°00'59' EAST 1367.67 FEET ALONG THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 72°35'43" EAST 316.46 FEET TO A POINT; THENCE NORTH 0°00'59" EAST 613.70 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1 /4 OF SECTION 13 TO THE POINT OF BEGINNING, COMPRISING 40.17 ACRES (1,749.776 SQUARE FEET), MORE OR LESS. PJS/GLR/VW.912.DES PREPARED BY: HUBBLE ENGINEERING, INC. GARY L. RODENSPIEL, L.S. TOTAL BALLANTYNE PROPERTY PAGE 3 OF 3 x7Ac*l*&w 0, Pei 3 o _$ - gNG/Iylp RUBBLE ENGINEERING, INC. y 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378.0329 � 9 Q, SURVEyO ' PROJECT NO. 9515200 JULY 11, 1995 DESCRIPTION OF ' COMMERCIAL GENERAL ZONE FOR THE JAMES H. BALLANTYNE PROPERTY PORTIONS OF THE E1/2 W1/2 NE1/4 AND N1/2 N1/2 SE1/4 NEI/4 AND THE SW1/4 NEI/4 NEI/4, SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN PORTIONS OF THE E1/2 OF THE W1/2 OF THE NE1/4 AND THE N1/2 OF THE N1/2 OF THE SEI/4 OF THE SAID NEI/4 AND THE SW1/4 OF THE NE1/4 OF THE SAID NE114 OF SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, ' IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SECTION CORNER COMMON TO SECTION 12 AND THE SAID SECTION 13 AND SECTIONS 7 AND 18, T.3N., R.1 E., B.M.; THENCE SOUTH 89-52'43" WEST 2657.32 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13, WHICH IS ALSO THE CENTERLINE OF FRANKLIN ROAD, TO A POINT MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 12 AND 13; THENCE NORTH 89°52'43" EAST 966.33 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT;, ALSO SAID POINT BEING THE REAL POINT OF BEG!"!NING; 1 THENCE CONTINUING NORTH 89.52'43" EAST 238.33 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 0°05'44" WEST 338.10 FEET ALONG A LINE WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF NE1/4 OF SECTION 13 TO A POINT; THENCE NORTH 89°52'43" EAST 124.00 FEET ALONG A LINE SOUTHERLY OF AND 1 PARALLEL WITH THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; ' THENCE SOUTH 0°05'44" WEST 324.80 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHWEST CORNER OF THE SAID SW114 OF THE NE1/4 OF THE NE1/4 OF SECTION 13; — f COMM. GEN. ZONE - BALLANTYNE PAGE 1 OF 3 1 1 ' PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 89'54140" EAST 663.42 FEET ALONG THE NORTHERLY BOUNDARY ' OF THE SAID SW1/4 OF THE NEI/4 OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID SW1/4 OF THE NE1/4 OF THE NEI/4 OF SECTION 13; ■ THENCE SOUTH 010'27" WEST 663.29 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID SW1/4 OF THE NE1/4 OF THE NEI/4 OF SECTION 13 TO A POINT MARKING THE SOUTHEAST CORNER OF THE SAID SWI/4 OF THE NEI/4 OF THE NE1/4 OF SECTION 13; THENCE NORTH 8956'39" EAST 129.26 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SE1/4 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 0°15'11" WEST 195.30 FEET ALONG A LINE WESTERLY OF AND ' PARALLEL WITH THE EASTERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13 TO A POINT; ' - THENCE NORTH 89°56'51" EAST 533.24 FEET TO A POINT ON THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13; THENCE SOUTH 015'11" WEST 50.00 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT; ' THENCE SOUTH 8956'51" WEST 533.24 FEET TO A POINT; THENCE SOUTH 0°15'11" WEST 86.37 FEET ALONG A LINE WESTERLY OF AND ' PARALLEL WITH THE SAID EASTERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SAID N1/2 OF THE N1/2 OF THE SEI/4 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 895758" WEST 790.85 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE N1/2 OF THE N1/2 OF THE SE1/4 OF NE/4 OF SECTION 13 TO A POINT ' MARKING THE SOUTHWEST CORNER OF THE SAID N1/2 OF THE N1/2 OF THE SE1/4 OF THE NE1/4 OF SECTION 13; THENCE NORTH 005'44" EAST 794.00 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT ON THE CENTERLINE OF EIGHT MILE LATERAL; ' THENCE NORTHWESTERLY ALONG -THE SAID CENTERLINE OF EIGHT MILE LATERAL THE FOLLOWING COURSES AND DISTANCES: ' NORTH 57°28'49" WEST 44.80 FEET TO A POINT; THENCE NORTH 54°36'19" WEST 126.00 FEET TO A POINT; ■ COMM. GEN. ZONE - BALLANTYNE PAGE 2 OF 3 )Mkm*wr *toC.764a ■ PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 70°13'19" WEST 45.90 FEET TO A POINT; THENCE NORTH 58°07'25" WEST 152.90 FEET TO A POINT; THENCE NORTH 64°00'01" WEST 60.40 FEET TO A POINT; THENCE NORTH 71-46'43" WEST 310.83 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; THENCE NORTH 0°00'59" EAST 26.45 FEET ALONG THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 723543" EAST 316.46 FEET TO A POINT; THENCE NORTH 0°00'59" EAST 613.70 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE E.1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO THE POINT OF BEGINNING, COMPRISING 22.19 ACRES (966,735 SQUARE FEET) MORE OR LESS. PJS/GLRNW/913.DES COMM. GEN. ZONE - BALLANTYNE PREPARED BY: HUBBLE ENGINEERING, INC. 52 0. GARY L. RODENSPIEL, L.S. I4IT44CAmWr K Pel Io os 8 PAGE 3OF3 I G.....,yF��cJ+ RUBBLE ENGINEERING, INC. 208/322-8992 ■ Fax 208/378-0329 1 9550 Bethel Court ■ Boise, Idaho 83709 9 Q .. O SUR��� PROJECT NO. 9515200 JULY 11, 1995 IDESCRIPTION OF LIMITED OFFICE ZONE FOR THE JAMES H. BALLANTYNE PROPERTY A PORTION OF THE E1/2 W1/2 NEI/4, SECTION 13, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN A PORTION OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SECTION CORNER COMMON TO SECTION 12 AND THE SAID SECTION 13 AND SECTIONS 7 AND 18, T.3N., RAE., B.M.; THENCE SOUTH 8952'43" WEST 2657.32 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 13, WHICH IS ALSO THE CENTERLINE OF FRANKLIN ROAD, TO A POINT MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID ISECTIONS 12 AND 13; THENCE NORTH 89°52'43" EAST 1328.66 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NE1/4 OF SECTION 13 TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13; THENCE SOUTH 0°05'44" WEST 863.27 FEET ALONG THE EASTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT ON THE CENTERLINE OF EIGHT MILE LATERAL, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 0°05'44" WEST 943.45 FEET ALONG THE SAID EASTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT; THENCE SOUTH 79°54'09" WEST 520.33 FEET TO A POINT; THENCE NORTH 8600'01" WEST 149.96 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE W1/2 OF THE NEI/4 OF SECTION 13, WHICH IS ALSO THE EASTERLY BOUNDARY OF FRANKLIN SQUARE SUBDIVISION, AS FILED FOR RECORD. IN THE OFFICE OF ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 44 OF PLATS AT PAGES 5587 AND 5588; LTD. OFF. ZONE - BALLANTYNE ARMS, 16111 Ll PAGE 1 OF 2 PROJECT NO. 9515200 JULY 11, 1995 THENCE NORTH 0'00'59" EAST 1341.22 FEET ALONG THE SAID WESTERLY BOUNDARY OF THE E1/2 OF THE W1/2 OF THE NE1/4 OF SECTION 13 TO A POINT ON THE SAID CENTERLINE OF EIGHT MILE LATERAL; THENCE SOUTHEASTERLY ALONG THE SAID CENTERLINE OF THE EIGHT MILE LATERAL THE FOLLOWING COURSES AND DISTANCES: SOUTH 71 °46'43" EAST 310.83 FEET TO A POINT; THENCE SOUTH 6400'01" EAST 60.40 FEET TO A POINT; THENCE SOUTH 58°07'25" EAST 152.90 FEET TO A POINT; THENCE SOUTH 70°13'19" EAST 45.90 FEET TO A POINT; THENCE SOUTH 5436'19" EAST 126.00 FEET TO A POINT; THENCE SOUTH 5728'49" EAST 44.80 FEET TO THE POINT OF BEGINNING, COMPRISING 17.97 ACRES (782,793 SQUARE FEET), MORE OR LESS. PREPARED BY: HUBBLE ENGINEERING, INC. PJS/GLR/VW/914.DES LTD. OFF. ZONE - BALLANTYNE d 2 dil 7,� ys OF %'D GARY L. RODENSPIEL, L.S. AlTof ca me4t 00PCS 8 of lb PAGE 2 OF 2 W _MAIMV DEED FOR VALUE RECEIVED. RiCKARD L ADAMS Old ROBERTA L. ADAM- twO)-VV w". Mm"j. 00 Wft WgiR Wggln. "a W axivey umo F-DWARP (L JENKINS 6M BILLYIE 0. v.G(afv*".%jKi*111214 t-4p'g- JENKMS. hwlbWQ brd*f l degatad JZA.-4,0 95k!E.0 an Urm*Aded 10.9375% kramrg iA SM 20 WO real Pm4Wty an EA *9 W OffAct"d hwvw. WhCh IS Mated 9% A46 County. W". U416C b 91 ORCPPD"- mw,MMM irda,"M &M, eaww", W ftft cd *gy of few . keLqWq but not bimmed to etcepbom and nzoVgaa CW%grad jM pMM kM to Umed fAmn. gtz=V afteft n kW v080. h0tUrgy'S. dilze . Carmft Uger&W &rd p"ff 64 vowffusion inn. aml burtWO In(1110 UM IIFVWIn GO the imid wdm ra DM#VWM d the NmmaAftmw W"m Duva TO HAVE AND TO MD W4 "M Ot4fts". w9n dw mIXunvA&tn"- uf%O the SW tt-mw twim. Su=*"am and *&A*m tomw. G(amr, W iwqv" cov~ to and vroft Grare"s VW they am the ov*vwfs in 1*0 SvTVM of said un0v'Wd "am% in the prumm ane flat sad 1M%ff4ft are tree aria cital from all enourre", . AND THAT THEY WILL WARRANT AND DEFEND the sang "m all twwu cla-n -tw=0y9f. SUEU ECT. HOWEVER. IN WITNESS WHEREOF. CyaMos r4v* h@MVmo exeofied trus vvarrariry Do" tats day of 1993 GRANTORS; FIRST AME�;:CAN T,Tq-E RICHADL ADAMS BOIS.-- ROBERTA L ADAMS STATE OF lDArlQ SS i.. cz)u'"y of Ada on tntS L,.l �4LZjr-; . k,/ 199. Wore rrm. a Notary Pubuc wi and for said StjAe personiliry appeared RICHARD L. ADAMS &n;iRO19CRYA L. ADAMS. known or C.Imft*d lC fns 10 be he p*tWn% wtMe names are svb,,w-nbW in Itie -4— a:XI lcWovV ormsfu"WrIt. drQ aCkfKh*kK0e0 t15 rT%e " if 4y fzeaAed VW Saflv4 IN WITNESS WHEREOF. I have mefwfft Zen my nand Aryl B"CL&d MV Oflicial MG day and year in INS certiltale lest 2b*" WFM*n. No"PIA04 Rescmv as Ltycoqui conenwei: •) y 7 *AAPAkTy ME:. a I IkTI'p"MNW 13 Pit I Ob i.r 18000331In X11-69413 ` ToUr No. TRDVr , 1T AL/J8]V SCiiW= 9 - Section Z ZXCZMON9 Any Policy we issue will hive the following exceptions unless they aura take care of to our satisfaction. PART I: 1. Taxes or assessments which are not shorn as existing liens Ay the records of any taxing authority that levies taxes or assessments on real property or by the ptblic reaerde- Z. Any facts, righte, irgtareet, or claims which are not shown by the public records but which could be aeeertainod by an inspection of said land or by making inquiry of perlohn in possession thereof. g. Easements, claims of assonant or encumbrances which are not shown by the public records. a. Discrepancies, conflicts in boundary lines, shortags in area, encroachments, or any other facts which a correct survey would diteloae, and which are not shown by public records. S. (a) unpatented mining claims; (b) reservation* or exceptions in patents or in I�ct3 authorizing the issuance thereof; (c) water rights, elaias or title to water. whether or not ti,o matters exceptod under (a), (c), or (c) a -e shown by the publi. records. 6. Any iienq, or rights to a lien for services. labor cr materia: theretofore or hereafter furi.:shed. imposed by law and not shown by the pualic records. continued The foregoing nunberal *xcoptioi a 01-e) may to aliminoted in an XL -7_' Extended Coverage Policy. EiIT 8 14tiTMK�1►M�tt F3 ?6� Z.- of 8 VANOOOGu FA -89413 Your No. TROUTNER, ET AL/jEMN SCMMM B C=== "A Racial Tants tar the year 1993, are an accruing lien and.nat yet 4941 or payable. A. tiww, lavi" and assessments at the Nampa -Meridian Irrigation District, and the rights, powers and @&assents of said District as by law provided. (Phone nwkber 343-1804, for assessment information) 9. An Rasammt over said land in favor Of THE MOUNTAIN STATES TELZPHQM AM TVAMPS OWMANY. for coamnication facilitine and incidental purposes as set forth LA an instrument recorded October It, 1979. -48 Instrument No. 795606S, Official Records. 10. An rasement over said land in favor at TSE MOUNTAIN STATES TELEPHONE AM TELEGMFH COMPANY, a Colorado, for communication facilities and incidental purposes as not forth in : n InAtrUxent- recorded September 17. 1952, as Instrument No - 230457, official Records. ii. subject to the fight Mile LstaeaTf: �'tiiN't 8 pit 3 t�F 8 r T�^:qli.' -, ,.l�:,..: 74 Ai a.`' ;K7s�µ..� . �'w`�•�.'r ir:fwl::E. E~. !j ,TCS �.:-����I..i . \!0.\>�' ' � •' w,':_ 9029M X. "' A>tri� >Aacos�ziia'xarvRir 10; 1 "lying Horth of the do= -T1(-.�Y.�t���`.,r--"�yy1d�^'i�:.rFrl•'.L r� CoraaZ`aL:/i�seetl�a•13; Cheap - • '�• `� 0`2�a�$iat 1;10i:0o fiaton4 t�►':#sbldY boundary of e+1d 614tinn POM, Or SzommaA I 14 SSJi�+13C'i' To ass Oumnent is, favor of N f. D, Deo., an;.:moo cozy7sauon, for Xpa�l tl set forth Im guttclalm Deed recorded August 17, 1279, as Instrument No. 1945612, OfWmI Aectsds ad Adr Conaty# Idaho. "eat to an enc=b%vncOe tbman. TOR ;Y�I,D�. gECSIYsD.' the abode -nomad Grantor doss he_ aLY 1f� ralease�; yUmiea.: and forever 4VrrCLw74i unto the above-named Cru cea, tt•e real ps Y above daeac*sd, Wggthor Vita the appsutenw.ces. Tbis load is given for astate pm pomw to vest title to the prcpety A a ! Vaal# at Ft esteblP-raperty hed by GMtor pa►'"tf". rhete fa no valuable oaaslda , DATEDti11sY�'�r: 2989. ••tilt ray.,, • ,',�.•, � •-' ~ � • _ , - r�,; •�./.� � • ya I 4alll _VJ�'P TAgt D a,4ihde`2 cf-3 Pages I 11 i 1 1 1 d n iJaL.�,,i�r•r nr� ►. �' 'ass"ro���9�s�:limasriaad��ueeiieazsrc�►vl�.�..�.�t�axor.IxG'�etsde•x •'L ,..'.; ' �asbsa�•eaad;�lr1le : fi�'as�;tc£:`•a;�,9:75�::.ar>rdividad�'iAtarastt; �I: `Ss�r a'::, algid ; to< a � :19�s1t>Isdl vided tiIateieat,� wt>tosall", rrea a. ease& • r 03706 tys•+L�d= r°.4%�a'Fsi�'1e11'l►Vei1u91•'raO�.se�•'•�I' . the graatees; the folio+Kni., described. premiss; to -wit: An that part of the Southwest quarter of the Northeast quatta>r of the Northeast quarter of Section 13, Township 3 Borth, Range 1 Meat, Deis* MOridirn, Ada County, IdabO, lying North of the existing center line of Eight Hilo Lateral of the Masi" and Meridian Irrigation District lee the same is now constructed over and across said land. Said parcel is approximately six acres, more or less. Together with all and singular the tenements, here•9itaments and appurtenances thereunto belonging or in anywisx apper- tAiningt and all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith_ Subject to all easements and rights-of-way of record or appearing on the land. $U$JECT TO that certain Deed of Truat wherein N 6 l), Inc., an Idaho corporction. is the grantor, Tirle and Trust Company, an Idaho corporation, is the trustee, and Eugene P. Ross and Barbara J. Ross, husband and wife, are henitficiarios, dated the 16th day of Jam, 1992, Records of Ada County, tdaho, and the dof trust indebtedr.e.a secures: thoreb•!, which On�d of Trust and deed of trust indebtedness is not assume.l by Gra:tLecc herein. Grantor does further convey unto tilid Gruntees the _ cc."Lal+ easement: creating ingress end ogress roa4way9 for '_ adid premise&, as particularly described on Exhibi hereto and by this reference incorporated herein. i TO IIAVE AA\:) TO !IOI,l) the a:,id their r,lq+urtt•r,rnec- uwrp We their heir& anJ asci -m- (oret'er. alai 0- •:.,,i Cruntur r!nC5 1„•,rl.y ..•ti.•.. rit t„ •.nd with the Judd Crant-es . that abs it is lhr u%%nrr in fte :int{•il •,f :::, d p;r +,>,•:. ll::r: -;:.id piemisestuefrrefrom all incun.brarri•ed, except current --axes and asi,:ssments, Which are a lien but not yet duo and payable, 2anri casements and resc;>+�tio:z� of record or •1i5ible on the premises. ' and that A% will warrant and de: !end thernlnefrvr,r:all laufuivbin'tirr. 1 9 Dated:. �. f:;.�_ -_• •- $ • ` ,-.Se.creta>= G. FIJL R, CS1 Crt _ t�9N .SPEAK jC . - .. _. IVA 1h.'-CQV9TY OF ADA C7�il; OF InAllr)• CftUJ�TV OF ��, ' E Q . rt ' 1 herr tout t!ut his +^rt vn.cn; .-a b: -d fv► a r -rd at Qp this fy day of June . 1s82 . by r ; .... y a w ers Title befo,e mt, a nntir�: Powie in %hd for 041d StAtr. {�erser,-n th, r• -t.t of y ` FULLER anti SHANNON` •yiF- to be the Presi—I at � minrt.s past J tlntk�mCr@Ca , respectively,Of I this JrPder ofa}•?�� r' a y ,r. my airier. ..3 del) ra.•••rded to 14Mdk he above-named corQora ..ion , an � 1 J'A!Z. o: nreda at page kn,qq"a tr r be the pe,ao,6 Mh'¢e n -es EtrE: JOHN EASTiDA erg+aR hPlig.ti�SinaCR, r• I _...... ,we ttiat said corporation taeea,ed Q•e FYme 1•x•Crfiao Ce:urder AtiidiaA at $oiseld'h* ! 1'rr■ 1 3r ?trd %A. Comm. Frcyirta .��.;:. soeool�IRCi Rspolesrra sir: ' :rr� lla�aT WMM IMCORM MAIL TO: Tom" blaltT $3171 lot$ aN1731 rotas. In0n706-1e42 11 1 II it x.95028999 ADA G:1, 1UL'4RDER 104 r RAW= 1864000345 BMSE 095 �4' l elCOR{ItL .JEST Or MIL TM RTATZHLVW 70. Pmol X Ttautoee aW Iam K Teautdc 922 Moat lichumd Lave foie., tO 43766 arw ai.; ►8014 TF=T TRItlfSMA DRRD DOOLW antary teanxfec tax IS naps. No Cmuidetatian. Paul N Tioutnet and Ions K :rowtner, husband and rale hereby CPAMT their interest In the below described property to *Paul -W Trautnor and Ions K Troutnet, as Trustees at TK>: TRUST OF PAUL i 17Nt TNOUTman, the followinq deseel0ed property, in r,ne County of ADA, State 4f Idaho. All that part of the iti4 of the M94 of the 3M% of section 17, T ? M. A I W. Boise Meridian, Ada County. Idaho, lyin4 North of the asa:tinq conte[ :she of Eight Kilo LAtaeal DC the Naego " Keradlan Irrieatton Dlmtrict as the same la now constructed owt and aeras! maid Sand. 'Jaid parcel 1m 4pplosisa4ely ass acres, Note or less. Together with all and singular the tenesehts, hezeditaeents and mppurten+n,.— thareunto bmlmging or in anyutse appertatninq., all water, water right-, dltChes AM ditch r1Qltt3 4ppwrtehant thereto or Conneeteo therewith. Subject to all easaments and rsghts of way of rec,,rd or appearinq on :he :"nd. SUBJECT TO that cartaln Deed of Trust W+erern N a D. Inc., on Idaho cc-p•orataon, is the grantor. Title *nu Trust Company, an Idaho the trustee• and tugene P_ Aoss and Bacbafa J- Ross, husband and -it-. ..re benef1614ries, dated the 34th clay of June, IGBZ, Aecocds of Ada County, laaho. and thedeed of trust indebtedness secured thereby, which Deed �f Te.sr enc deed of trust Indebtedness is not asm od by Crint•es herein, Orantor does further conwas unto said Grantees that certain 4+s♦wenc •:reatlflq ingceal and •grass fOadwajs for the benefit of said premises, os f.a:ticulazly tlaaerabed on Exhibit 'A' attached hereto /nd by this reference anr,.•,rporaee,l harain. fated- _ Peu: N Trou[ner �+ STAT[ or zmw i nor cow ! on before er. personally. appeared Cdu: N T[owtnet and law It TLONtnet tnonnnt of ti, leO `Q ,pe„(oi proved to so on the basis of satisfactory Wideaeel to be the Pees6n(!I ulleso naso(:; arc subscribed to the within inataysrent, and acknwl`Cdnid eo �e e�nat they execrated the mase. in witnamn whereof I have hetaxyt to AV Y .41V "Ad -and Ay eftiaial seal the day aid year in this eeeclCIVLC: t cat abg 'wcltten. i. A 1 F� 1 I I I I 1 G PAdW 6 1 of AFFIDAVIT OF LEGAL INTERST STATE OF IOAHO l COUNTY OF ADA' l �JG1016ay.4- I/�S�ic%/n 027472- (name 37472- (noise I ( address l 1. That I am the record owner of the property described on the attached. and I omni my permission Lp 10250 Whispering Cliffs Jim Ballantyne poise, ID 83704 r (neseI (addrssel to submiL L6o accompanying applicstton perlaininp to Lha! property. 2. 1 Corse Lo indemnify, derend and hold Meridian C1Ly and it's employees harmles■ From any claim or liability reeulLino From any dispute as to the etaLsmwnta contained herein or as to the ownership of the properly which to the subject of the application. Dated this day or v 19�Z• It r/ 1.. / I // � � Q t5ipn.Lur•i SLBSCRIBM MD SWU N Lo before ms Lhe day and year rtrsL above written. Noteru Publt= For ReeLdir+p et My Cunni t pie i on Exp t ren: bsinp oath, First duly sworn upon depose and say; (city) (.total 1. That I am the record owner of the property described on the attached. and I omni my permission Lp 10250 Whispering Cliffs Jim Ballantyne poise, ID 83704 r (neseI (addrssel to submiL L6o accompanying applicstton perlaininp to Lha! property. 2. 1 Corse Lo indemnify, derend and hold Meridian C1Ly and it's employees harmles■ From any claim or liability reeulLino From any dispute as to the etaLsmwnta contained herein or as to the ownership of the properly which to the subject of the application. Dated this day or v 19�Z• It r/ 1.. / I // � � Q t5ipn.Lur•i SLBSCRIBM MD SWU N Lo before ms Lhe day and year rtrsL above written. Noteru Publt= For ReeLdir+p et My Cunni t pie i on Exp t ren: tl T U F*106 AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO I I as COUNTY OF AOA' I 1 (name! , %,* OF 04. (eddreee ) beano first duly sworn upon oath. depose end eey: (city) (etotel 1. That 1 am the record owner of the properly described on the attached. end I prom my permission to 10250 Whispering Cliffs Jim Ballantyne _ Boise ID 83704 (name) (address) to submit the occompenytnp ePpltrotlon pwrlotntnp to that property. 2. I spree to tndemnary. defend end hold Merldtan Clty end it's smploysee harmless From any claim or liability resulting From any despots as to the statements contelned herein or as to the ownership of the properly which to the sub set o� the epp)►cal,a� S Oeled thte . . GAIL SLBSCRIBM ANO SWORN to before me the day and year First above written. Noty Publ er Cor Ide:ae Reeidin9 at IS4� :LZ -2 9� AFFIDAVIT OF LEGAL 1NTERST STATE OF IDAHO l l me COUNTY OF ADA- ) 1. .C_ • ?-rovT%JG✓' 707 (name1 (nddress) (ctLy) .12 Z being First duly ever" upon oath, depose and say: l ak,ate 1 1. That I am the record owner of the property dascrtbed on the attached. and I orant m., osrmiseto" x.o 10250 Whispering Cliffs Jim Ballantyne Boise, ID 83704 (name) laddroeel to submit the accompanying application pertaining to that propsrty. 2. 1-00 to tndemnlry, deFend and hold Meridtan City and it's employees harmless From any claim or ltobtitt I-swulLine From any dispPuta as to the statements contained herein or as to the ovner'99 p of the property whtci� to the subject of the application. Dated this y or (Signature) SU3SCR1eM MD SWORN to borers me the day and year •F'i'rst above ertttsn. Notar y Pub l i c Far ;dohs- Rsetdtno at My Co�i�i�on'Expireii� 1111111 MAY -95-94 THU 08:39 AM REALTY.1.BALLANTYNE.CO 3T!537049 P.Jz AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO ) ) as COUNTY OF AGA ) 54eA 3 y 3 OA Op. Te e -70 �tnp Flnrt duly •vera vAon 'r' ' L" `� O e+lh , depot+ end eey. cttyl Iwtetsl 1. T6. L t ear k$%o .---me1 •. or tl.. yn'vVerly described on the +I;lechud. +nd ( grant 10250 Whispering Cliffs .Jim Ballantyne _ Boise, 1D 83704 ----- (memo 1 1 A4,1 -a ee I t.s eub-sk k►.e eeew-peryts-w eppltneklw+ Pw.k•t.•t. " lee thole property. 2, 1 +Drew to i ndes-n s r4 . decsnd and hold Iyer t d i en L s ty end It's a+p 1 a'ye s 66'" i wee From any claim or ljobiltty reoultina From ornt»hic=+u�� s to t �e S oFelheteaplicettaJ-._ hero or' as to the ownership of the property Oeted thio `rtey of (stor�.�.wr•I $(BSCF1jeM MO SWORN to beforw nee thw day and year f trot above we•ttten. try public Fop Idaho Reetdtnp at 6-4/y/ 11, � I � I L� ILJ i 6wor Ci PAIW5 ori AFFIDAVIT OF LEGAL INTERST STATE OF IOAHO I as COUNTY OF AOA' l (name! (addreeel //7D betnp First duly swarm upon / 7D oath, depose and say: icily) latatel 1. That I am the record owner or the property described on the atteched. and I grant my permission tp 10250 Whispering Cliffs Jim Ballantyne _ Boise, ID 83704 r----- , (nameI (addressl to submit the accompanying oppltaatton pertotntnp to that property. 2. I carom to indemnity. d.r.nd end hold frie.�do " dlspyut�idestto tl+ ad 2. from Orly claim or Mobility resulting mrany�+f+tch is the oubJKt or the appltcetton herein or es to the ownership or the prop y Gated thte —./ S(BSCR,BM AND SwOM to before me the day and y,,r r1rat above wrtitem. Notary P.a t I d.►o %_ My"_Cc;.m tee t on Exp t rs.D: M AFF lOAV 1 T OF I.EGAI, 1 NTERST STATE OF IDAHO I ) we COUNTY OF ADA ) ft l noire 1 Ioddree�l CIf''1 ( �� f ro f i d l l►� •veru uPe^ Ic►ky1 .. wtot�l 1. That l am the record owner OF the properly described o^ the attached. end t Orent my perr.teeton to _ - 10250 Whispering Cliffs Jim Ballantyne Boise, 1D 83704 -.— — (addressl t neene 1 to the ect-ampel epPllesklo^ Pertelntn0 to that Property. 1 2_ I :arsa to t^deffl-` . deFend end Feld Merldlen ���'p��+teand eaIt' to thelstateme t& contained From any claim or llebt111yh resvlttnp Frem a�vdifil to the subject of the eppttcotlo, herein or as to the ovnere lip of the prroprrty Dat ad thy. SSS IBm AfQ SWOM to b.Fors ma t4+. joy and year f &ret above written. I' y� Nokary Pt�bll, Idaha Rertdtni el CiS�• �� / My Po.t.lOn Expires:. �i� ••:: it •�• AFF" I OPV 1 T OF LEGAL 1 tVTERST STATE OF IDAHO ) ) an COUNTY OF AOA* ) l Hants 1 (address) /y Jb>AA/ / / J v�"-'Tc , oath depose and Byrn upon (city) IsLoLal 1. That I on the record owner of the property deecrtbed on the attached. end I grant my permission tp Jim Ballantyne _ 10250 Whispering Cliffs 1 name l B O 1 s e, IWdd.... I 83794 Lo submit the ocoompenytng application pertaining to the! property. 0 2. I agree to tndemntFy. deFend and hold Meridian City and t!'e smplooyya�n harmless From any claim or (tabtltty rseulttno From any dispute an to the sketsmente contained heroin or as to the ownersytp of the property which is the subject of the app(tcetton. Dated this PPOWRTY OWNWS WITW/N Joo frer KENNETH E & L FERN DYE GRADE A MILK PRODUCTS ASSN 38 ROSE CIRCLE WESTERN DAIRYMEN COOP MERIDIAN ID 83642 PO BOX 26427 SALT LAKE CITY UT 84126 0427 JEAN L & BARBARA BIDONDO 40 ROSE CIRCLE TERRY LYNN HARPER MERIDIAN ID 83642 582 KEARNEY MERIDIAN ID 83642 WILSON C & WILMA L BEVINGTON 2567 REBBECCA DAVID D GATES MERIDIAN ID 83642 552 KEARNEY MERIDIAN ID 83642 KATHRYN WILLIAMS 44 ROSE CIRCLE LONNIE LEE & KAY GREENFIELD MERIDIAN ID 83642 532 KEARNEY PLACE MERIDIAN ID 83642 BRADLEY C & JODI MICHAELSON 46 ROSE CIRCLE CAROL A SETZKE MERIDIAN ID 83642 512 KEARNEY PLACE MERIDIAN ID 83642 HERALD J & KELEN B COX TRUST HJ & HB COX LIFE ESTATE GAIL J MCNITT HJ & HB COX CO TRUSTEES 492 KEARNEY 48 ROSE CIRCLE MERIDIAN ID 83642 MERIDIAN ID 83642 STUBBLEFIELD DEVEL CO ELEANOR J MARTIN 2258 BRADFORD AVENUE 50 ROSE CIRCLE HIGHLAND CA 92346 MERIDIAN ID 83642 RANDY WINWOOD LYLE E PETTY & JAMES D PETTY 1401 59 ST N 2896 ITHACA NAMPA ID 83687 BOISE ID 83709 GRANT R & LISA DAWN CURRY VERA M SCOTT 511 LYNHURST PLACE 54 ROSE CIRCLE MERIDIAN ID 83642 MERIDIAN ID 83642 DAVID J BROOKS WILLIAM S & EDITH G KIRTLEY 531 LYNHURST PLACE CO TRUSTEES MERIDIAN ID 83642 53 ROSE CIRCLE MERIDIAN ID 83642 KRISTINA D KECK 551 LYNHURST PLACE MINNEBELLE HARDY MERIDIAN ID 83642 49 ROSE CIRCLE MERIDIAN ID 83642 CRAIG M & DEBRA L CAVANAUGH 581 LYNHURST PLACE ALVIE & MADELINE SCARLETT MERIDIAN ID 83642 41 ROSE CIRCLE MERIDIAN ID 83642 RANDALL C FERGUISON 590 LYNHURST PLACE HAZEL INEX RHODES MERIDIAN ID 83642 37 ROSE CIRCLE MERIDIAN ID 83642 CHERIE MCCURDY vvr if:580 LYNHURST PLACE AV?V,WMERIDIAN ID 83642 p�mer I op 4 JANINE B & MICHAEL J WEWERS AARON T & JACQUELLE D SHARP 550 LYNHURST PLACE 696 FULMER COURT MERIDIAN ID 83642 MERIDIAN ID 83642 DONALD I & CHRISTINE M MACE DONNA M & AARON F HAWLEY 530 LYNHURST PLACE 676 FULMER COURT MERIDIAN ID 83642 MERIDIAN ID 83642 RUDOLF & ALVES LAURA ZANTMAN SHERYL LEA MOORE 510 LYNHURST PLACE 656 FULMER COURT MERIDIAN ID' 83642 MERIDIAN ID 83642 BRIAN D & KARI L WASE DOROTHY F WATERS 490 LYNHURST PLACE 622 BARRETT ST MERIDIAN ID 83642 MERIDIAN ID 83642 MYRON R & MORIA R VINCE JOYE L SNOWBALL PO BOX 1240 624 BARRETT ST EAGLE ID 83616 MERIDIAN ID 83642 GLORIA JEAN LACY - MARIANNE WRIGHT 623 BARRETT ST 632 BARRETT ST MERIDIAN ID 83642 MERIDIAN ID 83642 JUDY RAE COLWELL JOANN BULL 631 BARRETT ST 634 BARRETT ST MERIDIAN ID 83642 MERIDIAN ID 83642 DENA S CROASDALE KARL B GYLLENBURG 633 BARRETT ST 672 BARRETT ST MERDIAN ID 83642 MERIDIAN ID 83642 DALE A BABCOCK EDWARD & MONIQUE LOUGHNEY 651 BARRETTST 10012 LAKE SHORE DRIVE MERIDIAN ID 83642 NAMPA ID 83686 L DAN & LEAETTA L ROWELL ROSA ROGERS 1136 E CAYMAN DRIVE 652 BARRETT ST MERIDIAN ID 83642 MERIDIAN ID 83642 -- PATRICIA A SIMS LESLI S & GREGORY B O'NEILL 671 BARRETT ST 207 MORGANS TURN MERIDIAN ID 83642 PEACHTREE GA 30269 JOHN A BALL JEANETTE A HOFF 673 BARRETT ST 694 BARRETT ST _ MERIDIAN ID 83642 MERIDIAN ID 83642 ELENITA WESTBY JARRELL KL & BIGGS 693 BARRETT ST BG TRUST MERIDIAN ID 83642 HCR 33 BOX 1309 - BOISE ID 83706 ELIZABETH A HEWITT 691 BARRETT ST GLN L & IMA P HUDSON TRUST MERIDIAN ID 83642 4850 N BLACK CAT f- MERIDIAN ID 83642 #Jfte 2.6F R&M HOMES INC 2150 TODD WAY MERIDIAN ID 83642 RONALD C MANNING 626 FULMER COURT MERIDIAN ID 83642 CHARLES M & DENISE DAILEY 623 FULMER CT MERIDIAN ID 83642 WILLIAM & MARIE MARTINDALE 633 FULMER CT MERIDIAN ID 83642 STEVEN & ANGIE GALLAHAN 653 FULMER CT MERIDIAN ID 83642 CRAIG A & JULIE A WELLS 673 FULMER CT MERIDIAN ID 83642 SCOTT & SANDRA L ABBOTT 693 FULMER ST MERIDIAN ID 83642 ERIC C & MELANIE L ATKINSON 692 HANOVER CT MERIDIAN ID 83642 STEVE F BYRNE 678 HANOVER CT MERIDIAN ID 83642 KEVIN S & RHONDA L HERRIOT 658 HANOVER CT MERIDIAN ID 83642 GARY E & KANDRA E FRANK 51 EDEN WEST ROAD PESCADERO CA 94060 9727 MICHAEL P & LINDA L KLINGER 4171 CRESWELL WAY BOISE ID 83704 2404 RAYMOND J & PAMELA R KUTCH 625 HANOVER MERIDIAN ID 83642 SHIRLEY HOOK 635 HANOVER CT MERIDIAN ID 83642 )kffA(AtAWr pmt 2 00 CHERYL A MCCORMICK 655 HANOVER CT MERIDIAN ID 83642 GARY B FREIRE 467 PRINTZ RD ARROYS GRANDE CA 93420 RODERICK S & PEGGY SUE YEAGER 685 HANOVER CT MERIDIAN ID 83642 DIANA J STANLEY PO BOX 647 MERIDIAN ID 83680 KEVIN J EVERSON 3217 STARLIGHT AVE CALDWELL ID 83605 ERMA C CANFIELD 654 PENNWOOD MERIDIAN ID 83642 DAVID W & CARRIE STUART 624 PENNWOOD MERIDIAN ID 83642 MATHEW B LORCHER JOSEPH PETAL LORCHER 740 WALTMAN LANE MERIDIAN ID 83642 RUTH LANGHOLF 420 WALTMAN LANE MERIDIAN ID 83642 RICHARD M PHILLIPS 21.^.-lV9URRAY ST BOISE ID 83714 RUSSELL E JOHNSON PO BOX 381 MERIDIAN ID 83642 I`'&D INC PO BOX 851 MERIDIAN ID 83642 REV GIESLER FAMILY LIVING TRUST --GA & DI GIESLER TRUSTEES 325 S MERIDIAN ST MERIDIAN ID 83642 ROBERT D & SHALA A LORIMER 305S MERIDIAN MERIDIAN ID 83642 GEORGE S & LORREE G FISHEL PO BOX 673 MERIDIAN ID 83642 i DONALD L & MARY E BENNETT PHILLIP LESTER WOOD 4750 S MAPLE GROVE BOISE ID 83709 LAWRENCE & J DEANNE RACKHAM 1260 S EAGLE MERIDIAN ID 83642 . DENNIS R & CHRISTINE A DIXON PO BOX 350 MERIDIAN ID 83680 HENKELS & MCCCOY INC C/O JOE PAULITTS 965 JOLLY RD BLUE BELL PA 19422 RONALD S & RITA LAFEVER 560 W FRANKLIN RC MERIDIAN ID 83642 HOFF COMPANIES INC ■ 280 E CORP DR SUITE 200 MERIDIAN ID 83642 KENDALL B KELLY 604 PENNWOOD MERIDIAN ID 83642 HOPE-PONDEROSA OREG LTD GUARDIAN MANAGEMENT PO BOX 5668 PORTLAND OR 97228-5668 1 1 1 -- AiTAa*ftVJr 1 AgAa+me-wr POSTING AFFIDAVIT I, Jim Ballantyne, hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this day of 1995 Jim t e r _ s]tRBARA J.g ROSS, 1 � + `AV` �W..+ "comeencin at them N g Sont2ieasti "cozaer ' of • the 'Northeast 'Quarter of said Section _:I3. tbeate- North 0. 22 • r�' 35 350, East 1000.23 feet : aloe9 .the: Easterly boundary ,• ..Of said Section ` 11to the SEAL, POINT OF BEGI:JNI21G, thence South 89. 47. 06" Best 533.24 feet, thence North 0. 22' 35" East 329.43'feet to a point on the Northerly boundary of SE][ NEMC of said Section 13, thence South 89. 55. 45' East'276.98 feet along said Northerly boundary, thence South 00 22' 35" West 170.00 feet, thence South 890 55' 45" East 256.24 feet to a point. on the Easterly boundary of said SEtt NEh, thence South 0. 22' 35" West 156.77 feet along said Easterly boundary to the REAL POINT OF BEGINNING. The above described tract contains 3.016 acres more or less, subject to a permanent road easement being 50.00 feet in width and lying North of the following described line: Commencing at the East Quarter corner of said Section 13, thence North 0. 22' 35" East 1107.00 feet along the Easterly boundary of said Section 13 to the REAL POINT OF BEGINNING. Thence North 89" 55' 45" West 533.21 feet. TO HAVE AND TO HOLD the said premises. with their appurtenances unto the said Grantee . its heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee that they are the owners in fee simple of said premises; that said premises are free from aU incumbrances except 1979 taxes and assessments and ease- ments and restrictions of record or visible on the premises, and the rights and powers of the Nampa -Meridian Irrigation District. and that thrr wfll warrant and defend the same from 0 laerful claims whatsoever. Dated: August 1G , 1979. GE P. ROSS BARBARA J. ROS9K STATE OF IDA O. COUNTY OF Ada on this I r day of August . 1979. before me, a notary public in and for said State, personally apt -eared EUGENE F.... $OSS and BARBARA J. ROSS, hu��and and wife, Jr known to me to be tlirpefLn 6 wbi se names are subscribed to the wit16n instrument. and acknowledged to we flatthe 1 ; executgf the same. Notary Public Residing at Boise , Idaho Comm. Expire. STATE OF IDA110t COUNTY OF A I hereby certify that this instrument was filed for record at the request of MST A:-.Ui:,:STT TITLE M at minutes past o'clock' m, this f /, day of 19MI , is my oiBce, and duly recorded in Book of Deeds at page .JOHN 9ACT!^.*N E: Recorder By�.S Fees 3 1 llepuIr. Mail to: . . ....... ---- 7--. 5 2 2) o ,4 i 1 (12q iw 6c) N 45;'W 25624 w-p\ tz Y C, n sp Ttl ic r (c JJ ���A V\ lec. -Z- ADA- COUNTY ASSESSOR'S OFFICE BOISE , IDAHO 10 ON EP -2 S8,l'406"W 533.24 5 2 2) o ,4 i 1 (12q iw 6c) N 45;'W 25624 w-p\ tz Y C, n sp Ttl ic r (c JJ ���A V\ lec. -Z- ADA- COUNTY ASSESSOR'S OFFICE BOISE , IDAHO 10 ON Vf. FA 136 DEED F T R �1 S T i illy nsr•d in rni,n�ct:er{ wrlh d ed•. of Inr.i nr.uu•d under . the one to fmu family provisions ' of Ihof7:)tinnal Ilou:inpAr.t. _ T11 IS DEED OF'rRU5T Mndr• Ihis 26•i -1i fay ,f JUNE -- 1•, 34 'NORM --AN _-r-'_FUI LrRAND DCL01ti S A. FULLER, HUSQAD AND WIFE--------------------- --------------------- ------------------- - - --------------- whose eridreax is 417 $. MERIDIAN ST..r ` MERTNAN, IDA110 83642 x; ,.-}>ytr , .�- f`.n rton3,1 mb,•%t-`-.�_____ Clrt�1 �-r (�i,u.•/ PIRST A1tEiifCAN TITLE COMPAtlf-e71 IDAHtF,. INC. v _ as Tnrrtee and s } 1 /� l TV M� INTERFrEST MORTGAGE, A NEVADANEVADAC,ORPORATI0,1 C ✓i vi (� P.O. BOX 12437, REND, NEVADA 89510 - - :.. -- —'-:- - -• _ ----- ,- -__—• as F?en elir_iary, /'� Witnesseth: That Grantor irrrvucai ly 4R N'r S, TRANSFERS, HARCAINS, SEL LS, —d ASSIGNS -O Tk UST F•E !ti ��� TRUST,: WITH POWER OF ALE.; the r• proprt•; in ADA - more than three acres, descr bel - -----COUNTY. IDAI10, consisting n( not (see attached, "achi5it A") Yi{Liiit�ll� TITLE G0. f FI:4S( MAEr1C�."i i!(L fliJ, E Cu. - card-'Gv�a. t_oER ey ((( df/f%7-L Together with 111 Me terrem •nu, her edttamcntti Ind app u: n ;n;cs now or hereafter >r t1 •reunto reing or :i ar,ynp- ertain ng, the rents, issues, ar.<I profits Ih rvtf Sl R'ff: f, Ilt).t;;' r.R, in the, right pox'er, an,l au, .)rity here ratter given to anu conferred upr n Beneficiary to cnllect ant I pi: ;uch rents, :,vies—aril nroflts: For the Purpose of Securing Perforanance t ea_h agreemcr• ;f r4ji -or herein c nt.one;:..r,d pl)ment •,.:he su:n of 1 5') . 00 ----------- with interest thereon according t,: the terms .,( ., pr„r;,s r. • •.•; dated._ jU c 26 Beneficiary or ruler ar' made h G - - "IYah'.e to unt n, the ! r . } ^ t r. 1 :Ind interest'tnerer,f. , not son- and payable _JULi 1. - _ ---- --------------- if; -- ------i. r--- ed r- •h t t - o Pal tharar n t do n r n ov. ( -1 ,t f , ..... - � . ,7in.r p �q, _-.intention 1. rxrrrie the 'er-,•s ( F.k,tnoe, ,n en~ fir .t ., f ., ...•1 t .,( {. 1 .., ... .�r r .o) In me ,rit s !/ le, t ..,t (• ,r tit. .. •rf and'oh'. r f ;hey a e hr•Id h•, n. . rr,. •.i II ...•! .., f ✓ , a - .f .,r ,., �.. 1 ah (1) If n,! �n Y r -f err•.••e r (1 --nth I ( (r•nr n r -inn.,l }}.. :ir: ,.r , It - r .. t ri , •.r. .,n, _ (fi). 1f d _ r`aG !r•, 1 .r q, I � , ., , r , ,.I r r I,•t • 1 r r ..r .., ., r. , ... .. .• , 1 r r , 4 .. (. U •aar 1 LTr n :rt11 f 1 -. F. I1 pay --of t ...:, t,p,r f {t,n (r r (.. 11• I t....... . ,nil Irl•..•, U , , - (In '.r. nt nr,,r .1 r 1•n 1. .,. 1 -,y 1, (I!II nt .t •:.n, tl v t i • II nt ••1 ,t r,f rn .•,ru.. , •r.. „I - (IV) :, m. •t, r:•r i.,n f t An v f r„ n u I payrrert.hh ,Iv t,t ;d t i Ir 1 r _,,•1, I. .I. 1 •,. ,r Pay a .:.Ir r 1•arr( f f, 1:r1 r ., r. • ,• , .. .. 1. , h I ii',1,. I • ,.; .. d. ... , (genian.% Form FHA -71 tar. nn.rh ;(ibcolere TAfF OF IDAHO MP) I?., I I I .117 i'71 �. If the lolaf of the PaymrnlY shall wrrrr,i fill ,A,,,rinf .,( PnymnllY artoatly ma+iw ant. a ,tarp far ynnt t reYi rte tas*••r „r 1 t .r:m, nt r, +r mr a n.r r p1 mnm,o. aY rhe .rasa may b,•, Rue -h exceYn. if the 'current, at the option of tilt G,ranlne, hall h . rre,htrA by ftenrfteiary .,n ;ub%r. splen! ,::8!W Moir b -,in mrtir, b e loan ie 1* Grantor, if, however, 'he manihly Pavment•c mala under tb/n(par. graph 1 preceding shall not he - SI Granter, or refundsi -. Qant and ll pay to nts.Ben and insuran: a premutm s, ash-cyst may be, urFen the same shall be�om utflcient to PaY gmund rents, ' Cra�tor .halt pay topeneficiaryany amau+t necesscry t" ue and payable then in tip the deficiency nn or before [he darte when payment of such { - !lround reals, taxes,. -assessments, ar inauarce premiumn shall he tue. If -it Apny time Grantor shall lender to [;enc f•eiary, in aeeorAance wail the pea u!•!t.in:! hereof 1,.,1 payment of IIIc entire indrhtelncns serV e i he e.by,-Hrrneficrary shah, in computing hthe amount of indebtedness, -t. ht to fhe account of Grantor all Payments made under the provisions 01(a) Of paragraph .,.which e RmePietary hos not become nb(I, ,fed III Pay. In the S,cretl ry of Itnusingand Uth:I+r Drvelnpment, and any balance remainin)t. _ • In the fu1. nds accumulated under the pn,vl•r on.t of (b)_ ,f paragraph 2 hrren f. If there shall he w default and Re any a( the pen. visions of this Deed of 7n.xt. :n f Ilterc-rlier a %.Ifo n(the premises in accordance with the provisions hereof, or if the fiene6. etas, acquires thee others •e atter default, as, 'at time the property is othrrvise fieneficiary shall apply, at the time of the commencement of such proceed. Int cqutre 1 the balance then remaining in the funds accum, Ph,2 precedmq, as a credit against the ,,nount Of pan opalof Pam - hen remaining unpaid under -said d n to sold! aled l Property adjust a •s'"�`IrpaYments whish sha11 have been. made under f>tfpfp arakrapFi';, TO PROTECT THE SECURITY OF. THIS DFED OF TR UST, GRANTOR AGREFS: 4... To keep Said premises inns v,eod rifer and rondrtion as they are now and will not commit or permit any waste therof, reasonable wear and tear eycepted. _ l- 5. To complete or restore pen [t,y anti in yon f workmanlike nl4nner any belitiling or improver,„cur n( whic structed;damaged, or destroye art thereoh may be con- - :d til- e,.n, and Pay wh.n able all costs incurred thrrr(oq and, i( iF.r. ;Ian. secures hereby r any . p; is being cbr�incA (orthe rpnsi• Rnancing ronsrruction of improvements on said Property, Grantor further agrees, (a) to commence construction pros-, ptly an? in ray o -vent .within Y) days from the date of the commitment of the Depart- ment of Housing and Urb An Development, and complete ::amt in ac factory to Ber-aficrarycordance wit:,, Plans sad specifications saHs- - (bl to allow ne,te(irlaty to inspect Said Prcpe t( :,t ail !Imre luring ennatruction, (e) to replace any •vork or matoriat% unsaticfa !cry to Fiene.ficiary,. within fifteen(15) cale.ldar days after .v,-iiten notire- from genrfic lass of such fret: whish nn Rrr may tie given to the Grantor by registered malt, sent to his fast knc•wn address, or by personal •nice of the same, fdl that -Work shill not cease ar the c r tr Ir. lion • f '"ch Imprntr'ment, for any -a -,on •-whatsoever ter a period of fifteen (•5)calendar lays. - The-Tntstee, apon prerentatt n to it ! ,n aft to •[ Tail,! 1 by [ir-n rficinry Gr .rtUnq.. to act thereon hereunder. ante under this numbered par traph, is a nLr:nzr t accept as tate anti conclu sive. all facts :(. rib facts .bowing a d^fault by end statements thereto, and 6. To camp!;•. with aLeu ri tsar - ll 'rt Iit n n•;, rovrn l h:, rond,tionc, and re-!ricticns affect, iq said p_pe-ty. �• To PmvlAe and maintain i .,nc •+ a:n-t - - war damage as may he required from - o to a f. , bt (I r I'f •'it r fi z;r f. •asu.+If les, and ontingen,lf-I incl,l,inK y f tefi,et , v In s Ieh ,n,o. nts and for a it pori els az m F.r rrqutrr•f by the Deneficiary,. with loss Pa F •;,,jet,1 -Ir„ - - Cnnstihlte an assignment to Flea fi i, +rad ,o d.• It,Lr 51L Pnitc les ro Flenrfir is ry, ,,bleb ae'i: cry %hall B.. To appear in. and deftrid .;ion I,,r Fieneiieiary or Trust”; ani aha the nP p'� OKtn affect the. security F r r( cr F_ _.his r. r. powers of to pay all costs and expenses, in- !; g cnstr r,r I ,stet er ct t.. also :gop.•ar :n or Arferd .,nv such action :r pros-rrdi rat•, �' <(e -".•nor of Ilhr sad attnrneY's fees in"d sea sopa ble sum incurred by Eicn-- +cficiary or "I'rilster" To ,hand hargespC r water, ap,, '11V1 e(- e del n ( !1 ss .,,m to -upon ter company t k, d all rent s, assrs•..T r-ntc pP artenarY to r ..,•rl Ail roan, etwn .vide .,F p:.P h:, to ray, .-hen due, all en •e:mtr are%, charge s, and liens with an f "p on sai,ff thin perry :,ny p:, rt Chet -o(, xhtch at any time appear to he, prior or l.upe•ncr herr-tn; to p;, •; •-.•- a!lcast s, leis, and-espencr,, of till :Toast - 10. Should Grantor L,iI to make any P :T n[•or t , -do any art vss herein prove 1 1 ..rn F nefictar+ or Tr; t out. obligation so to do and nn without t•ee to or dem ,nd G upon .rant ran,:rira.cing •• chD •t w•t;h- of, may d Make or o the same i;, cath manner and r,r.,+ch extent , , uy thou! !lrantnr f,,;, :,ni'ither may rhre- s9• Btnefieiar"p O1 th y or Trustee being authorized to -note y deem lei eras ry to proirct the %ec.:rity hewed, q purporting is fLrct the sr, v a"' action Or Prnceedin e' pr pc.fv for ci,zh pnrp,s r.es, c ornmencr, appear in and dd eCroacv r:nt � ,r of or iFright- or power,, of Henrf clary.=r Trustee; pa;, Furr!;asr, contest, rr comprcmise any encunt r cr, charge it 1 r. t •high In .e -in tic, ant of.til At' appear' •n hr -rine nr superior neto; -F.rrr- end in ez ret sing any such power,, incur .,ray I a! illty, e•prnd whale•: er ams lots in it' at%n Date di sr rrficn It may deem nate%cars- til refor• including cost of cvidenrr of tiff, r+nploy encase -t, And pay hes reasonable foes. I1, To pay immediately .,nd • thnut r t I! m, r ,xp n 1 d her ids r' by Hr Eficiary or Tr. elate of spen i+ture at tF.e rate r nn F { nr ` - e with in;erect imn, 12' Grantor t 1 f 1 t and the P Iyment herrn( %h -III Fe , r. ! arch:.. +i;rers to do a!1 rt. 1 m a L {• c t!sr,qo,rq of Crantor .+t.1 of the -,,r oft he note and 'fits (teed eligible fort . me , t [A n, ( - Lr c,auf .. r the prokion, of th-nal-n 1 { I A _ thereto, and ,,[teres nest to di, or a. ;e nr d. ro to f tope,. any 'Act "hiCh "Ili m,. such?Tseng tL. -xt ere•nr .^' this Deed. IT IS MUTUALLY AGREED THAT: - 13. Shnu(t 1h, n, Part ,F f f..- Prncc dint. r 1 m n o f t v rr con of any WA-lr in r rat e,c1 hv. f re. .r rn -:r + nv ane IS. of ici ry .F ,11 r nil. ! v 17 n,•r r.n : aw r r, and O. F. p y n c or r r F r f r 1 1{ _ r i • v n, 4 its awn na•ne am ctinn r Circ' i I 1 t. ,r opts n F r .. en al' In an i +✓�on n(mie artlrentIa reei.n .m.�,•r+ }II such compcns,t,r Iaaids, Kis, r c t { t f fi other incur r n an't true rad incl l Pini" h Prr a fe cf ant polls , s o r sato affeehni. •;aid Fr [ rt : r - tp d to Iseni R i n:. +hn a� v, pen en incl, 1m{ attcrnev's fee•- r. t a. r 3 rte 1 .nn, there(_. all -•c A— by Grantor al rtes to xccµtc a h (.- Fr• r •'t u! Lyj it .,PPfy the a cany .•i .[-!n �c% r. rn �,r any cempen stein, a• aid,. ,,.,m tv,c, a... his ,(aPrn- '.eee ,; as Hen liciary or C .stet .. - re.qut.r _ 1I. Hy. ace .tiny; F y.rn, „f , ,, r r + ;4!Ar to [wn fro Lav d•cs not t•< right rithrrrto require prompt P tr ant of n d•, .,f ;,If tF -r rm ; r qtr t to ,!, 1 ur re iIt Ra fauor.• •,n to ay, IS At acv !Imo and (rr .r.. r{a•. Dec S r,ml the n ate ter endorse•-, n (in t -.a 1 ,( r,.l. VA n n t ,rr. (` v^.int `( ii5 Iron and n - t r bility nf .ray p r% n fo the � I,,1a .• .'` jroperty (b) 1 m in KnMI I :rm e„nvnt the- •n kir. r:I P r If ,J ' n rc r t .n thrre•�n: r 1 `to .n m .F,••r ..ani...• Fe. a •tient fftinPis Drc I • r +F "( r dt '. this r f ,`.1 n , r c l r lc in -lay n. cn n. :heern if anv matte ¢ or (-t, •.f ft , r„ t -n r a Fcc•+ll: r rn, f f mrroof. !'n : ,ntionod In Till, P.ir,=craph <1-11 , t5, r .r, br -f+ . ",ra . t ! i- .!•rare •„ .in•:aOr ., .f. car r alt!„ and rttf r d til• Shall ee:,dtit til •( ri•. n r n .. n. .. t I .. .e. her,. rf int r } 1 •-. r %hall n - .. Ilia I. c •lr., r:... f e pat-ahf •.ace ..n! ..sr. -:; '•-^ Ir'• r'••. ,.rt.,r t„ .s.!. a ... _r .,., ..n'! Ftrn n i ', <.. III F.at n f• ,•!,r c ., t ,i. � t .r. •' •,h , .. , .. .. , t rovalfr•”, :vatic .md pr T(�r F -a ..rr ,( .. Gr'F - <-. errF•.. n ...-.. rnrartc vhall •r `, .< h .. f I?•n Loan• .,, .,n, i, L-. ... .. , n, ,. tlil Nr nn 1 f :e 1.F h e r •,.., f Lr - ' f-:�•�(� •:Ih... ansaor charge t Ren e(tciary Of any tenancy.,!case or option, not an assumption of liability` oder, nor o. a abordinatton of the 1iM or charge at this Decd to such tenancy, !ea a -o, option; Upon any default By Grantor hereunder, Rcnefic iary may at any time without notice, either in Person. by agent,. or by i receiver to be appointed by a court, and without regan4 to the odequacy 'f any security for the indebtedness. herebybj secured, } MSamoa.eer upon and take possession. of said property err. any part, thereof,; in its own name sue Cor or otherwise cal(rrt. said reels", .0 lection and profits, including_thosa pant due and unpaid, and aPnly the same, )ens costs and'ozpensea of op and col- - lectton, including reasonable Lttomey's fees, upon- any indebtedness secured hrceby, and in suchcrder as r determine. Beneficiary may {.1FL The ent-.ing upon and: taking possession Of said, property, the collection Of such rents. iasuaa and pro(rta or the L proceeds "( fire and other Insurance �oltnes or comlivnsation or "wards for any taking -or damage of the pr-)pere d' 1 rr applict one rrleant cheer"( as aforosaaf, "boll P-ut cure'or waiyli any drfaulf or, lattice 01 thereunder or to, attda e y, and the any act dopa Pursuant to such notice_ 19. Upon .. default by Gnator In payment of any indebtedness. secured hereby or in performance of any a tinder• or should this Dred and said note riot be eligible Cur igreelacat here nsurance under the National housing Act within 8 months from tt ;Sate hereof (written statement Of any officer of. the Deparlmur.t of Housing ural L'rban Developmof •rr the xSecretary, Of !lousing and Urban Drvelopm-ent dated. suhse urn[ to 8 month ent or aulherized agent t insure satd_t;ota end_tt.is Dee¢,.b�ing decme' Conclusive Proof of such inch shill IiiPOOFfrgm .the date of !his Decd decltwingto Housing and Urban Demen to insure this in cease to he m tu[L f�orcr an{�d^nettectafor anYireason wtutsoevrr, _ ` 6eneficlary may declare all sums secured hereby immediately due. and Paya:ale by delivery to Trustec of written deeti ration Of default and demand for sale, .and of written notice default and of election to cause th Trustee shall cause to be duly e property to be sold, which notice fited for record.Beneficiary shallalso deposit with Trustee this Deed, the note and all. docu- ments evide:ictng expenditures secured hereby. - - _ 20, After the lapse of such time as may then be required by law, notice of sal saw, Trustee,without demand an Grant e having been given as then required by - : or. shall sell- said property at the time(an<buit subject to any statutory right o[ Grantor place fixed by it in said notice of sale, either as a whole or in separate parrels, and in such order as it may deterritute b direct the order in which such property, if consisting. Of several known lots or parcels, shall be sold), at publt, auction to the highest bidder for cash in lawful money Of the United Stairs, payable at time Of s le- Trustee shall deliver to the pur- chaser us Deed conveying the property so sold, but without any covenant or warranty,, express or implied: The recitals in the - BenefDeed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Grant a4 Trustee, or iciaty, may purchase at the sale. After deduction all cost s, fees and e>.penses. c.C. Trustee and of this trust. including cost of title evidence and reasonable attorney's Cees, to connection with sale;.: Trustee shall aoply the proceeds or sale to _ the payment of all sums expended under the terms hereof, not then repaid, principal debt alt ether slims then seoaccrued with. acced interest at the rata provided on the _ ared hereby; end the remainder, if any, to the personorpersonslegally entitled thereto. ,21.._ fen cute ry may from time to timesubstitutea iuccrsscr or success-,rs to ang.-trustee named herein or acting here. vested under texecute -with all title, powers this trust Upon such app intment, and without conveyance to 3,:y. successor trustee, t' -'e latter shall he -,r duties cnnferred-upon any [rurtee named or acting hereunder- Each such aPpointment and sub- stitution shalt be made by writte-j instru. int executed by Reneficlary, cont•;ininij a reference to this Deed and its place of record, which, when recorded in the office of the county recorder of tha county or counties in which the property is situated,. shall he, conclusive proof of proper appoin I- of the successor trustee- The, Core cedrire therefor shall not be excl usive. of the Power and procedure provided for by law fogoing r the substitwer of ution of the trustitution and pro} trustees in the place of the trustee or trustees named herein. -.-222• This heed shall inure to, and bind the heirs, legatees, devisees,ariministrators.. executors, successors, and assigns of the parties hereto. All obligation s of Grantcr hereunder are joint and several_ The teres "Beneficiary" shall mean the ovnc and holder, including Pledgees, of the notesecurer. herehmed"as Beneficiary herein. :ihenevet used, the y, wh-ther or not na singular number shalt include tete plana(, the Plural lite si ngul,r, and the use of any gender shall be applicable to all gens. 23• Trustee accepts this Trust wi en this Deed, .fulyrtexecuted an:l acknowledged, I.t der made a public record as provided by law. Trustee is not obligated It r'v any party h rretc ,f pending sale uncle: any other Deed of Trust or of action or ., ceeding in which Gran,oq Beneficiary, or it-- stee shat be a par•-y.pro- un less brought by Truster. 24• The term _"Deed of Trust" as used herein, shall mean the sa..te as,, andbe synonymous with, the term "frust Deed," as .used in the laws of rdaho reiating. to Dred. of Trust and Trust Deeds. THIS DEED OF TRUST IS SUBJECT TO THE TERIMS SIGNATURE of GI iNTCR: ADD CONDITIONS.OF THE ADDENDUM OF EVEN DALE ATTACHED HERETO MIT) '{'{{E TERMS AND CONDITIO.:S .OR, G rULLER OF THE F,DDENDUTM ARE INCORPOR:ITED HEREIN BY" Y THIS REFERENCE.f DELURES A. FULLER 27ATE OF IDAHO, = COUNTY OF.. ADA __'------ --�sc:--_._.----- - ----------- f On this26TH fa of JUNE --' y --_ I9 , before me THE UNDERSIGNED a Notary Public in and for said State, perso,iall appeared OR?fAN G r~_ -- -'--- y pP __- G. ER A.MD DELORES A. FULLER known to me to be the person whose name $ �------- _ - ••F•- - . _ - _ suhscrlbed t0 -;he within instnlment,- and acknowle-oged that.-_T{IE x, _- -d-1 th a Witnea,'ny tlaiadymrM,l�f(lal s{aL . c, .7 Puhlic `r �� _ - -. -- —• Idaho, REQUF-S-r FOR FULL PECf)NVEYANCE Du not rl-C-d. To he on , -.i ,-.1 only +hen note has hero parr) ,TO: Tkt/s t@H - i- tvxfl '/ her -h 'µl1"r Ir•!rt.t r•In-...r h 1 r ,.! Inn ,I rr ;, n,l .r1I �hrr in,lrl.Ir 4 rclr•1, n ,..yrr•r . ., , ,! • r ! t Y 1 Rrrd ..lr, rr .• t rr , !•rl, , '•'1 I,Y Ihr wnhln Jrra n(' ,ase ynl.f note }i ,.Ihr rvi,lr .'� n.bld.ln• .,, rr rbc " . 1 . r.l h..d If 1 .. a,-,1. ul y. . r �. r . rqu r,1 an.t •1,- t can rY. rnh.•,1 r. nYi In tl,• cl i. •a .try VrJ1� rrr'1 M•1 ,lite. r, r.l 1•• ., I.r rr .r 1, t rel "•= h ..1'.r. r r r.r •• .,r.l-. rrl .1/- _ ' llrrt,•..1 1'. • r.l Iv . , .1 ....1 Irrr.l`.1 r,n„ .,.I tin ..I..rr n r0 ..l`I,1.1 .,r,a rr �' •1. .rnr.l lnr rh. ,err 1 ADDENDUM TO DEED OF TRUST - THIS ADDEINDUM TO DEEO OF TRUST is made thia26'rH day of It?�, _ , i9_34- and 'is incorporated -into and shall be deemed to am+;rd and ct:ppl�n,e�t the .Decd of Trust of ciatc given vl+ t1 .t:rd r i� e.e . `( the "Cr�'nt"or") t secure Crantor' 9 Note t0 " t`: •.t VN r' ,'! i,1.IT XN Uf.t.Ortl:`: A. FULLER,{{l'Sii�l {) '` '' (theM"Aeneficiar of the same dale coverirgthe ro erty, described in the Deed of Trust and located at: {�{;;�� ,'r. 1117 (Property Address j i. LU.,.!?-SU,4 Mr,,�;•,CACF. INSURANCE PRF MIUtd: -- __ Grantor and ^,!n,1f4_iar7 acknaoledges and agree that the IWO Mortgage Insurance has Leen prepaid for the entire term of the Notc :securers by Ulis :)cr_d of Trust and will not be paid in monthly installments as required by the Deed of Trust. The tarms and conditions of %his Deed of Trust shall be construed and enforced consistent with such prepayment. In the event of prepayment of th,, ;tote s,--ured by this Decd of Trust, the rebate or refund of the u, earned "WD Mortgarle Insurance Premium, if any, will be calculat,�d and ;.aid in accordance with applicable HUD z" sIes and rc�lu1ations. 2. A(�CITICN TO PAR AGRiPIi 19: There is added to Paragraph 19 of the Deed of Trust the follaainq: beneficiary may not declare all. sums secured hereby inmediately due and payable because of ineligibility for insurance under the National Housing Act if such ineligibility rcaults fra:a ber�cf.ciary'a failura to remit the HUD Mortgage In-sv,r.-%nce Premium to the Dcpart.ncant of Housing and Urban DQVelopment- SIGNATURE OF CRACJTCR: r 'ryhibit Ar Parcel I A parcel of land located in the Southeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 hest, Boise- Meridian, Ada County, Idaho, mote particularly described as f -,flows; Commencinq at the Northeast corner of the Southeast quarter of the Nortncast quarter said point bears North 0'22135" East a distance of 1327.05 feet from the East quarter corner of said Section 13; thence South 0'22135" West a dist.,nce of 90.00 feet along, the Easterly boundary of said Section 13 to a point; thence North 89'55145" West a distance of 33.00 feet to a -point, said point being the REAL POINT OF BEGINNING; the:ce South 0'22'35" West a distance of 84_GO feet to a point; thence North 89'55145" nest a distance of 125.0^ feet to a point; thance North 0'22'35" East a distance of 80.u0 feet to appoint; thence South 89'55145" East a distance of 125..00 to the REAL POINT OF BEGINNING. EXCEPT ditch and toad rights of way. Parcel II' A parcel of land located :n the Southeast auarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise=Meridian, Ada Count}, I-:aho, more particularly describe -1 as foll-)ws: Beginning at the Easterly quarter corner of Section 13, Tc-dnship 3 North, Ri.nge 1 West, 9oise-Meridian; thence North 0'22'35" Cast a distance of 1237.05 feet along the Easterly boundary of said Section 13, to a point; thencr North 89'55145" West a diurance of L53.00, feet to,a,point, said point being the REAL POINT OF BEGINiNINGp thence South 0'22135" West a distance of 30-00 feet to a:eoint; thence North 89'55145" West a distance of 37.x0 feet to'a"point;'thence North 0'22135•.East a distance of 30.00 feet to a:poirt;.thence South 89'55145" East a distance of 37.00 feet the RP.AL POINT OF BEGINNING. ., t