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HomeMy WebLinkAboutJabil Circuits AZ 99-001interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED From: Wm. F. Gigray, III APR 2 21999 City of Meridian City Clerk Office Subject: JABIL CIRCUITS FF/CL File no. AZ -99-001 Date: April 21, 1999 Will: I have added a new Finding of Fact no. 17 to the Findings as a result of the Council's action on the 6'' of April. Please secure the signatures and serve copies upon the Planning and Zoning Administrator, Public Works Director, and the Applicant, accordingly. Also, provide a copy as Exhibit "B" to the Development Agreement. A letter should be prepared to the Applicant resubmitting the Development Agreement, together with a copy to them, advising them that Exhibit "B" has been substituted because of the Council action on the 6'' of April, which contains one additional Finding of Fact no. 17, which provides as follows: "The rezone of the subject property, and the basis upon which the Council finds that this application is in conformance with the Comprehensive Plan, is that the proposed development of the subject property is to construct and operate a high-tech manufacturing facility, and associated uses, include the recreational fields and landscaping, and the Council finds that any other use of the subject property shall require a conditional use permit to assure the compatibility of such development with the Comprehensive Plan and with the surrounding area". Ask them to please review, and if they are agreeable with the Findings to please initial Exhibit "B" and return the original Development Agreement to your office, and retain the conformed copy for their records. If you have any questions Will please contact me. msg/ZAWork\M\Meridian 15360NWabil Circuits\C1erkLtrApr21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR ANNEXATION OF .53 ACRES AND REZONING OF 55.79 ACRES BY WILLIAM A. HON File No. AZ- 99-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matters of annexation and zoning application of .53 acres and rezoning of 55.79 acres having come on for public hearing on March 16, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and written comment from the Public Works Director, Gary Smith, and Mr. Bill Andre' having appeared for the applicant, and appearing and testifying in opposition, or with concerns, were persons who reside in the vicinity, including Mr. Roger Osterhues, Robert R. Smith, Reese Mc Mullian, Randy Walters, Norm Markem, Archy Robinson, and John Secamp, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 1 FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 2 City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. Facts appertaining to the re -zone application: 4.1 The property is approximately 55.79 acres in size. The property is located to the north of I-84 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 4.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 4.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83 70 1. 4.4 The property is presently zoned by Ada County as General Retail and Service Commercial (C -G), and consists of undeveloped agricultural land. 4.5 The Applicant requested the property be zoned as Light Industrial (I -L). 4.6 The proposed site of the subject property is surrounded by residential, commercial, office and light industrial development . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 3 application: 4.7 The subject property is within the City limits of the City of Meridian. 4.8 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 4.9 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech manufacturing facility. 4.10 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 4.11 There are no significant or scenic features of major importance that affect the consideration of this application. 5. Facts appertaining to the annexation and zoning designation 5.1 The property is approximately .53 acres in size. The property is generally located to the north of I-84 and south FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 4 of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 5.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 5.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 5.4 The property is presently zoned by Ada County as Rural Transition (RT), and consists of undeveloped agricultural land. 5.5 The Applicant requests the property be zoned Light Industrial (I -L). 5.6 The City limits of the City of Meridian are adjacent and abut to the north, east and west of the subject property. 5.7 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 5.8 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 5 manufacturing facility. 5.9 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 5.10 There are no significant or scenic features of major importance that affect the consideration of this application. 6. The property owners who testified expressed concern over the ability of Locust Grove to handle additional traffic generated by the construction of the project and use thereafter. There was also concern by some with the view from their property of a parking lot, although the Applicant's proposed berm was well received as a buffer to neighboring properties of the project. 7. Gary Smith, City Engineer and Public Works Director, was concerned about the quality of the effluent to be discharged into the City's sewer system and requested that the development agreement include pretreatment requirements. 8. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 6 not impose expense upon the public if the following conditions of development are imposed: 8.1 Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 8.1.1 The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 8.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 8.1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 8.1.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 8.1.5 The Applicant shall enter into a Development Agreement with the City, the content of which should be negotiated and determined between staff and the Applicant. Based upon preliminary review of the Jabil site plan and the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 7 landscaping, parking design, building location and other zoning issues, staff anticipate no significant design changes to land use. 8.1.6 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. Adopt the Nampa & Meridian Irrigation District Requirements as follows: 8.1.7 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 8.1.8 A Land Use Change Cite Development Application must be filed for review prior to final platting. 8.1.9 All laterals and wasteways must be protected. 8.1.10A11 municipal surface drainage must be retained on site. 8.1.11If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 8.1.12The Developer must comply with Idaho Code § 31-3805. 8.1.13It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. The Planning and Zoning Commission recommends: 8.1.14 The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. It is found that if the developer pays for the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 8 improvements and complies with the conditions set forth in these Findings of Fact No. 8, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 10. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity; in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 10.1 Any development agreement between the Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. 10.2 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. 11. The development of the property as a (I -L) Light Industrial, as requested by the Applicant, will be compatible to the development in the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 9 area subject to the conditions of development herein found to be reasonable in relation to the requested zone (I -L) Light Industrial District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 12. There are no major or scenic features of major importance that affect the consideration of this application. 13. The proposed development and zoning request is consistent with the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 as follows: 13.1 Basis of the plan has six key community values and this project complies with the following listed values: 13. 1.1 Manage growth to achieve high-quality development. 13.1.2 Enhance Meridian's quality of life for all residents. 13.1.3 New growth should finance public service expansion. 13.1.4 Expand commercial and industrial development. 13.1.5 Protect Meridian's self-identity. 13.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: Based upon the City's aggressive Economic Development Partnership plus the recommended employment forecast, additional land for employment-related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Economic Development Goal Statement at Page 18 of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 10 developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 1.12U Actively recruit low infrastructure impact industries to locate in Meridian. 13.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 11 goals and economic needs. 2. Policies: 2.1U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 13.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1. GENERAL POLICIES 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 12 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 14. The area included in the zoning amendment is not intended to be rezoned in the future. 15. The area to the west of the subject property has continued to develop as a mixed commercial, office and other compatible uses to the subject development. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. 17. The rezone of the subject property, and the basis upon which the Council finds that this application is in conformance with the Comprehensive Plan, is that the proposed development of the subject property is to construct and operate a high-tech manufacturing facility, and associated uses, include the recreational fields and landscaping, and the Council finds that any other use of the subject property shall require a conditional use permit to assure the compatibility of such development with the Comprehensive Plan and with the surrounding area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 13 CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Basis of the plan has six key community values and this project complies with the following listed values: 4. 1.1 Manage growth to achieve high-quality development. 4.1.2 Enhance Meridian's quality of life for all residents. 4.1.3 New growth should finance public service expansion. 4.1.4 Expand commercial and industrial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 14 4.1.5 Protect Meridian's self-identity. 4.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: With the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. Economic Development Goal Statement at Page 18 of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 15 b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 12U Actively recruit low infrastructure impact industries to locate in Meridian. 4.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2. Policies: 2.1 U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 4.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. GENERAL POLICIES 1.5U Encourage a balance of land uses to ensure that Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 16 remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 5. The requested zoning of Light Industrial, (I -L) is defined in the Zoning Ordinance at 11-2-408B(14) as follows: 14. (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 17 such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that small machinery and component parts, electronic equipment & products are permitted uses in the Industrial (I -L) zone. 7. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. follows: 8. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 8.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 18 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 19 the proposed rezone area; 5. Will the proposed uses 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; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area 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 zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. 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; 9. Will the proposed uses 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; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 10. That at § 11-2-417 A and C it states in part as follows: 2-417 A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 20 Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. 11. That § 11-2-416 L it states in part as follows: 2-416 L DEVELOPMENT AGREEMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 21 If property is rezoned, the City may require or permit, as a condition of the rezoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If the commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance rezoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of his parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. The City Council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments. 12. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 13. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 22 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the .53 acres and for the re -designation of the zoning of 55.79 acres for the real Property included in the application to (I -L) Light Industrial District. The (I -L) Light Industrial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 23 following conditions of development to -wit: 3.1 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 should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 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. 3.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 3.4 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. 3.5 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. Adopt the Nampa & Meridian Irrigation District Requirements as follows: 3.6 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 3.7 A Land Use Change Cite Development Application must be filed for review prior to final platting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 24 3.8 All laterals and wasteways must be protected. 3.9 All municipal surface drainage must be retained on site. 3.10 If any drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. 3.11 The Developer must comply with Idaho Code § 31-3805. 3.12 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 3.13 The Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be T to 6' in height and 25' in addition to the canal easement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 25 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 1999. ROLL CALL By action of the City Council at its regular meeting held on March 16, COUNCILMAN RON ANDERSON VOTED �' COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED aZA COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 26 Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. 9 By: Dated:' _ CC City Clerk of msg/ZAWor1-AM\Meridian 15360M\Jabi1 QrcuitsVabiIAZRZ.Fcs w SEAL 9 COUN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 27 MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT:_ WILLIAM A HON (JABIL) AGENDA ITEM NUMBER: I REQUEST: ANNEXATION AND NI %h 1 ;6 62 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: SEE ATTACHED FINDINGS MERIDIAN POST OFFICE: l ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: 11„ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: 9 iO V¢ (Aj ? T BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR ANNEXATION OF .53 ACRES AND REZONING OF 55.79 ACRES BY WILLIAM A. HON File No. AZ- 99-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matters of annexation and zoning application of .53 acres and rezoning of 55.79 acres having come on for public hearing on March 16, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and written comment from the Public Works Director, Gary Smith, and Mr. Bill Andre' having appeared for the applicant, and appearing and testifying in opposition, or with concerns, were persons who reside in the vicinity, including Mr. Roger Osterhues, Robert R. Smith, Reese Mc Mullian, Randy Walters, Norm Markem, Archy Robinson, and John Secamp, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 2 City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. Facts appertaining to the re -zone application: 4.1 The property is approximately 55.79 acres in size. The property is located to the north of I-84 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 4.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 4.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 4.4 The property is presently zoned by Ada County as General Retail and Service Commercial (C -G), and consists of undeveloped agricultural land. 4.5 The Applicant requested the property be zoned as Light Industrial (I -L). 4.6 The proposed site of the subject property is surrounded by residential, commercial, office and light industrial development . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 3 application: 4.7 The subject property is within the City limits of the City of Meridian. 4.8 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 4.9 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech manufacturing facility. 4.10 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 4.11 There are no significant or scenic features of major importance that affect the consideration of this application. 5. Facts appertaining to the annexation and zoning designation 5.1 The property is approximately .53 acres in size. The property is generally located to the north of I-84 and south FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 4 of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 5.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 5.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 5.4 The property is presently zoned by Ada County as Rural Transition (RT), and consists of undeveloped agricultural land. 5.5 The Applicant requests the property be zoned Light Industrial (I -L). 5.6 The City limits of the City of Meridian are adjacent and abut to the north, east and west of the subject property. 5.7 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 5.8 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 5 manufacturing facility. 5.9 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 5.10 There are no significant or scenic features of major importance that affect the consideration of this application. 6. The property owners who testified expressed concern over the ability of Locust Grove to handle additional traffic generated by the construction of the project and use thereafter. There was also concern by some with the view from their property of a parking lot, although the Applicant's proposed berm was well received as a buffer to neighboring properties of the project. 7. Gary Smith, City Engineer and Public Works Director, was concerned about the quality of the effluent to be discharged into the City's sewer system and requested that the development agreement include pretreatment requirements. 8. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 6 not impose expense upon the public if the following conditions of development are imposed: 8.1 Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 8.1.1 The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 8.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 8.1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 8.1.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 8.1.5 The Applicant shall enter into a Development Agreement with the City, the content of which should be negotiated and determined between staff and the Applicant. Based upon preliminary review of the Jabil site plan and the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 7 landscaping, parking design, building location and other zoning issues, staff anticipate no significant design changes to land use. 8.1.6 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. Adopt the Nampa & Meridian Irrigation District Requirements as follows: 8.1.7 The Developer must contact the Nampa Sz Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 8.1.8 A Land Use Change Cite Development Application must be filed for review prior to final platting. 8.1.9 All laterals and wasteways must be protected. 8.1.10A11 municipal surface drainage must be retained on site. 8.1.11If any drainage leaves the site, the Nampa S& Meridian Irrigation District must review drainage plans. 8.1.12The Developer must comply with Idaho Code § 31-3805. 8.1.13It is recommended that irrigation water be made available to all developments within the Nampa Sz Meridian Irrigation District. The Planning and Zoning Commission recommends: 8.1.14 The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. It is found that if the developer pays for the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 8 improvements and complies with the conditions set forth in these Findings of Fact No. 8, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 10. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity; in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 10.1 Any development agreement between the Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. 10.2 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. 11. The development of the property as a (I -L) Light Industrial, as requested by the Applicant, will be compatible to the development in the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 9 area subject to the conditions of development herein found to be reasonable in relation to the requested zone (I -L) Light Industrial District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 12. There are no major or scenic features of major importance that affect the consideration of this application. 13. The proposed development and zoning request is consistent with the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 as follows: 13.1 Basis of the plan has six key community values and this project complies with the following listed values: 13. 1.1 Manage growth to achieve high-quality development. 13.1.2 Enhance Meridian's quality of life for all residents. 13.1.3 New growth should finance public service expansion. 13.1.4 Expand commercial and industrial development. 13.1.5 Protect Meridian's self-identity. 13.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: Based upon the City's aggressive Economic Development Partnership plus the recommended employment forecast, additional land for employment-related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Economic Development Goal Statement at Page 18 of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 10 developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 12U Actively recruit low infrastructure impact industries to locate in Meridian. 13.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - I 1 goals and economic needs. 2. Policies: 2.1 U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 13.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. GENERAL POLICIES 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 12 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 14. The area included in the zoning amendment is not intended to be rezoned in the future. 15. The area to the west of the subject property has continued to develop as a mixed commercial, office and other compatible uses to the subject development. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 13 Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Basis of the plan has six key community values and this project complies with the following listed values: 4. 1.1 Manage growth to achieve high-quality development. 4.1.2 Enhance Meridian's quality of life for all residents. 4.1.3 New growth should finance public service expansion. 4.1.4 Expand commercial and industrial development. 4.1.5 Protect Meridian's self-identity. 4.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: With the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 14 Economic Development Goal Statement at Page 18 of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 1.12U Actively recruit low infrastructure impact industries to locate in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 15 4.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2. Policies: 2.1 U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 4.4 Land Use at Page 21of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. I. GENERAL POLICIES I JU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 16 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 5. The requested zoning of Light Industrial, (I -L) is defined in the Zoning Ordinance at 11-2-408B(14) as follows: 14. (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that small machinery and component parts, electronic equipment &_ products are permitted uses in the Industrial (I -L) zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 17 7. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. follows: 8. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 8.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 18 boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses 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; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 19 person responsible for the establishment of proposed zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. 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; 9. Will the proposed uses 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; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 10. That at § 11-2-417 A and C it states in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 20 appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. 11. That § 11-2-416 L it states in part as follows: 2-416 L DEVELOPMENT AGREEMENT If property is rezoned, the City may require or permit, as a condition of the rezoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If the commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance rezoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of his parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 21 interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. The City Council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments. 12. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 13. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 22 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the .53 acres and for the re -designation of the zoning of 55.79 acres for the real Property included in the application to (I -L) Light Industrial District. The (I -L) Light Industrial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 23 following conditions of development to -wit: 3.1 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 should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 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. 3.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 3.4 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. 3.5 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. Adopt the Nampa & Meridian Irrigation District Requirements as follows: 3.6 The Developer must contact the Nampa SL Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 3.7 A Land Use Change Cite Development Application must be filed for review prior to final platting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 24 3.8 All laterals and wasteways must be protected. 3.9 All municipal surface drainage must be retained on site. 3.10 If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 3.11 The Developer must comply with Idaho Code § 31-3805. 3.12 It is recommended that irrigation water be made available to all developments within the Nampa &- Meridian Irrigation District. 3.13 The Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 25 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 1999. ROLL CALL MOTION: By action of the City Council at its regular meeting held on March 16, COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED MAYOR ROBERT CORRIE (TIE BREAI(ER) VOTED DATED: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 26 Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerk msg/Z:\Work\M\Meridian 15360M\Jabil Circuits\JabiIAZRZ.Fcs Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 27 MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: WILLIAM A. HON JABIL AGENDA ITEM NUMBER: I REQUEST: y AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED DEVELOPMENT AGREEMENT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall becom DESCRIPTION FOR REZONE 55.79 AC. JABIL CIRCUIT PARCEL March 25, 1999 A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00°27'58" W 386.08 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description; Thence continuing S 001127'58" W 939.34 feet along the west line of the SE % to the northwest corner of the SW % of the SE %4; Thence N 89038'18" E 1325.29 feet along the north line of the SW Y. of the SE '/ to the northeast corner of the SW % of the SE '/; Thence S 00°29'41" W 49.74 feet along the east boundary of the SW'/4 of the SE X to a point on the north right of way of Interstate 84; Thence S 89033'18" E 214.01 feet along the north right of way of Interstate 84 to a point; Thence N 84°3333" E 200.89 feet along the north right of way of Interstate 84 to a point; Thence S 89032'33" E 911.28 feet along the north right of way of Interstate 84 to a point on the east line of said SE 1/4, said east line being the centerline of South Locust Grove Road; Thence N 00°31'12" E 264.80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52044'13" W 26.00 feet along the centerline of the Hunter Lateral to a point; Thence N 42026'19" W 88.60 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 35010'55" W 277.80 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 32026'13" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23044'13" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; 9807051rezone-des.doc 1 MAR 26 ' 99 1133 PAGE . 02 Thence N 89011'28" E 413.65 feet to a point on said east line of the SE 114; Thence N 00031'12" E 50.01 feet along said east line to a point; Thence S 891111'28" W 435.96 feet to a point on the centerline of the Hunter Lateral; Thence N 23144'13" W 100.50 feet along the centerline of the Hunter Lateral to a point; Leaving the centerline of the Hunter Lateral, thence S 89°39'33" W 2116.27 feet to a point; Thence S 00020'27" E 54.54 feet to a point on a curve; Thence along a curve to the right 66.01 feet, said curve having a radius of 95.00 feet, tangents of 34.40 feet, central angle of 39°48'41 ", and a long chord bearing N 64048'36" W 64.69 feet to the Real Point of Beginning of this description. This parcel contains 55.79 acres, more or less, K. L f 3 Michael E. Marks, No. 4998 � Z AFL 9807051rezone-des.doc 2 MAR 2G '99 11:33 PAGE.03 DESCRIPTION FOR ANNEXATION & REZONE JABIL CIRCUIT PARCEL (PLUS PORTION 1-84 R -OW) March 26, 1999 A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00027'58" W 1325.36 feet along the west line of the SE 1/4 of above said Section 18 to the northwest corner of the SW Y. of the SE'/4 of said Section 18; thence N 89038'18" E 860.84 feet along the north line of the SW 1/4 of the SE % of said Section 18 to the Real Point of Beginning of this description; Thence continuing N 89038'18 E 464.45 feet along the north line of the SW 1/4 of the SE %4 of said Section 18 to the northeast comer of the SW '/, of the SE'/4 of said Section 18; Thence S 00029'41" W 49.74 feet along the east boundary of said SW Y. of the SE '/4 of said Section 18 to a point on the north right-of-way of Interstate 84; Thence S 0002642" W 100.00 feet along the east boundary of said SW '/4 of the SE '/4 of said Section 18 to a point on the centerline of the Interstate 84 right-of-way; Thence N 89033'18" W 440.26 feet along the centerline of the Interstate 84 right-of-way to a point; Thence N 00°26'42" E 100.00 feet to a point on the north right-of-way of Interstate 84; Thence N 28043'02" W 49.47 feet to the Real Point of Beginning of this description. This parcel contains 1.49 acres, more or less. Michael E. Marks, No. 4998 0 �9 3 2 0 OF P��� ABL E -N' 9807051an nex-des.doc TOTAL P.04 MAR 26 '99 11:33 PAGE.04 IN RiIVG BRIGGS ENGINEERS PLANNERS SURVEYORS FACSIMILE TRANSMITTAL TO 40 6-�' 4et 6:- COMPANY �"e7-"G00, FAX NO. c "�/ DATE NO. OF PAGES SENT (Including Transmittal) 200 BRIGGS ENGINEERING, INC. 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 FAX (208) 345-2950 * TEL (208) 344-9700 (BEI) PROJECT NO. REFERENCE -w/'�- e� #e- REMARKS REPLY REQUESTED COPY 1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344-9700 FAX (208)345-295( MAR 26 '99 11:32 PAGE.01 CO ADA COUNTY DEVELOPMENT SERVICES r PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 9TF �o? FAX: (208) 364-2406 OF BUILDING ENGINEERING PLANNING ZONING DATE: April 29, 1999 APR 3 0 1959 TO: Political Subdivisions within Ada County CITY OF N ERIDLk Ada County Pest Extermination Ada County Highway District Meridian School District No. 2 Melba School District No. 136J Meridian Library City of Boise/Richard Cook Joplin Cemetery Star Cemetery Northwest Boise Sewer West Boise Sewer Kuna Fire 1,Meridian Fire Flood Control #10 Other Agencies: Assessor Building Division Engineer Parks DeptJDonna Griffin Ada Co. Sheriff Zoning Division/Mapping Air National Guard Bureau of Reclamation Idaho Transportation District Chevron Pipeline Central District Health Dept. of Lands Idaho Dept. of Fish & Game Dept. of H & W/DEQ FAA Ada County Emergency Medical Boise School District No. 1 Kuna School District No. 3 Kuna Library Ada Co. Free Library Dry Creek Cemetery Kuna Cemetery Meridian Cemetery Owyhee Sewer District Eagle Sewer Eagle Fire Star Fire S.W. Mosquito Abatement Idaho Power Intermountain Gas U.S. West United Water of Idaho Boise Airport Director Ada Planning Assn/Sue Davidson Solid Waste MgmtJDave Neal Boise Project Board of Control Northwest Pipeline U.S. Soil Conservation Dist. Dept. of Water Resources U.S. Fish & Wildlife Service Bureau of Land Management FEMA Neighborhood Assn. FROM: Patricia A. Nilsson, AICP, Planner III City of Eagle City of Garden City — City of Meridian City of Kuna City of Star Fairview Cemetery Melba Cemetery Bench Sewer Star Sewer District North Ada Fire & Rescue Melba Rural Fire Whitney Fire West Ada Recreation RE: 98 -01 -CPA KUNA-MORA ROAD CORRIDOR BETWEEN PLEASANT VALLEY ROAD & INTERSTATE 84: The Board of County Commissioners received a recommendation of denial for a request to amend the Ada County Comprehensive Plan to provide for the creation of a Rural Industrial designation on the Generalized Future Land Use Map and to provide related policies. Your agency was notified of this application prior to the Planning and Zoning Commission's public hearing. State law requires that we notify of the Board's hearing, but because of the previous notice we have not included the attachments. Additional comments on your part are not necessary unless you have new information or conditions have changed. This application is scheduled for public hearing by the Board of County Commissioners on May 26, 1999 in the 3rd floor hearing room of the Ada County Administration Building, 650 Main Street, Boise, ID and is scheduled to begin at 6:00 p.m. Please submit your comments, on Agencv Letterhead, by May 21, 1999 (make specific reference to the File No.). A non -response shall be considered as "No Comment". -WES17M DW%#M SEFMCE R gill Som R SOM VAHO I E 00 DATE R CONSIGNEE SHIPPER ORIGIN: QUANT /f f DESCRIPTION DESTINATION_ 0 SHIPPERS NO. 3 WEIGHT T RATE PREPAID COLLECT GOOD C N Y 1 DITID REC (EXCEPT AS NOTED R , VED t,' C. O. D. AMOUNT $=1 - �. DRIVERS SIGNATURE DATE SHIPPERS SIGNATURE SUBJECT TO SECTION ] OF B -L COMMENTS \'1 19 g_ I LF I HT BILL P.U.C. & I.C.C. REGULATIONS REQUIRE ORIGINAL PAYMENT WITHIN 7 DAYS REQUIRED BY REGULATIONS PAYMENT WITHIN SEVEN l71 DAYS BBL 621.5 LETTER SOF BRIGGS ENGINEERING, Inc. 1800 West Overland Road • Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO: (208) 345-2950 TO S Dl:�' H6040t d ❑ WE ARE RETURNING TRAf�SMITTAL DATE ID NO. ?14 JOB NAME t ---7/m /z— JOB LJOB ADDRESS CITY, STATE ❑ SHOP DRAW/NGS ❑ CHANGE ORDER ❑ COPY OF LETTER ❑ PLANS [["OR/GINALS ❑ FINAL PLAT ❑ SPECIFICATIONS ❑ COMPUTER DISK ❑ O THER ❑ ENCLOSED ❑ UNDER SEPARATE COVER VIA ❑ FEDERAL EXPRESS E3 COURIER 0 COPIES DATED ID NO. ❑ RESUBMIT COPIES FOR APPROVAL ❑ FOR YOUR INFORMATION ❑ APRRM0 AS NOIFD jDESCRIPTION y� /' " C' /Ju if A(44 ❑ AS REQUESTED ❑ RETURNED FOR CORREC17ONS ❑ RETURN C0Rff-CIFD PRINTS ❑ FOR REVIEW AND COMMENT ❑ PRICE ❑ fOR BIDS DUE ❑ THE ,,$E ARE TRANSMITTED AS CHECKED BELOW 0'-f -OR APPROVAL ❑ APPROIED AS SUBMITTED ❑ RESUBMIT COPIES FOR APPROVAL ❑ FOR YOUR INFORMATION ❑ APRRM0 AS NOIFD ❑ .SUBMIT COPIES FOR D/STR/BUAON ❑ AS REQUESTED ❑ RETURNED FOR CORREC17ONS ❑ RETURN C0Rff-CIFD PRINTS ❑ FOR REVIEW AND COMMENT ❑ PRICE ❑ fOR BIDS DUE ❑ REMARKS COPY TO SIGNED 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 16, 1999, for the purpose of reviewing and considering the application of William Hon for annexation and zoning of approximately .53 acres of land and rezone of 55.79 acres of land, which is generally located north of 1-84, south of the State of Idaho Law Enforcement Facility, and west of Locust Grove Road. The application requests a zone change from C -G (55.79 acres) to I -L and annexation of .53 acres with a zoning of I -L. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 22"d day of February, 1999. PUBLISH February 24 & March 10, 1999 WILLIAM G. BERG, JR.; OfTY CLERK nerrrgtl"',1 OF $ L r C""1JiY ' y� S/ N. Vl CINI T Y MA P 1 "= 1000' ** TX CONFIR*N REPORT ** DATE TIME TO/FROM 07 02/23 08:31 206 see 1097 AS OF FEB 2310 09:31 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'32" 001 232 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 16, 1999, for the purpose of reviewing and considering the application of William Hon for annexation and zoning of approximately .53 acres of land and rezone of 55.79 acres of land, which is generally located north of 1-84, south of the State of Idaho Law Enforcement Facility, and west of Locust Grove Road. The application requests a zone change from C -G (55.79 acres) to I -L and annexation of 53 acres with a zoning of I -L. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 22"d day of February, 1999. PUBLISH February 24 & March 10, 1999. WILLIAM G. 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LIMITED POWER OF ATTORNEY This Statement confirms that the undersigned, Robert L. Paver, Corporate Secretary and General Counsel of Jabil Circuit Inc. ("Company"), has authorized and designated Bill Andre ("Authorized Signer") to execute and file on the Company's behalf any and all applications or documents that the Company may be required to file with the City of Meridian, Idaho relating to the design, construction and operation of a manufacturing facility of the Company in the City of Meridian, Idaho. The authority of the Authorized Signer under this Confirming Statement shall continue until such time as the Company is no longer required to file such documents and in any event until such time as a certificate of occupancy is issued for said facility. , By: Robert L. Paver As: Corporate Secretary and General Counsel Jabil Circuit Inc. RECEIVED MAR 0 8 1999 MAYORS OFFICE CITY OF MERIDIAN Ilk • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on February 9, 1999, for the purpose of reviewing and considering the application of William Hon for annexation and zoning of approximately .53 acres of land and rezone of 55.79 acres of land, which is generally located north of 1-84, south of the State of Idaho Law Enforcement Facility, and west of Locust Grove Road. The application requests a zone change from C -G (55.79 acres) to I -L and annexation of .E,3 acres with a zoning of I -L. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 14th day of January, 1999. PUBLISH January 20 and February 3, 1999. ANGEL %IMS, DEPUTY CITY CLERK ** TX CONFIRMAi,-N REPORT ** DATE TIME TO/FROM 01 01/15 06:51 208 888 1097 AS OF JAN 15 'tj�'08:52 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'32" 001 252 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on February 9, 1999, for the purpose of reviewing and considering the application of William Hon for annexation and zoning of approximately .53 acres of land and rezone of 55.79 acres of land, which is generally located north of 4-84, south of the State of Idaho Law Enforcement Facility, and west of Locust Grove Road. The application requests a zone change from C -G (55.79 acres) to I -L and annexation of .53 acres with a zoning of I -L. 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(D =O J 3 w O J CD w > > x c m JN -9w 3 C1 C f m J ACL .CD -A I W For Accountable Mail v_ O J -a 1 D 3 -+ O CD Mf 67 U1 67( W (N� �\ m fD CLOM Q Q y C1 �� y^ Z �! 3, �i CD rn C' Y ornOm r�nC)�r ar;) Z Z m N A O µy a r- 000 x N o a n n mC � n>> Z CO > 77 ar-07C� pnC�Z ny a ® O O m N ry- CD 0 ZO �U7 �D>�Z� cn ) �Z v �`r Uj CD °° O m r p C o fag z�-z�zm 00 o 000 = p Jnr y o fop zCD a Oo y N o p a 00 w N❑❑a n mn�m N CD Ci N FD a o m v am O ❑❑ ❑3 y rn o CD w N (D (D 3 (D N ) ) C m 3Qw CD -CD CL O _ N C (D m9 CD _'a< . ❑Nw ❑?m (mQ0 c�N7 w m sm (�o 0 -0o CD 0-0 D CoiZ aQ C CMD (D (D C J 6 SO (D O !IIJ O O O -0n o D =N n d�X. l N 3 C-) U) OBD w wm3 DI ;�- o oa N o � � m a N T. m CD o 5 CD m CD (n Qoa (D wn (i CD CD Cnco _ CD 2 �� D � r- 3] CD N (D wCD D TI r m c TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 9 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Gd Place to Li Good Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: _ • • CITY C' MERIDIAN CITY k' vii HIDIAN 1 A� 1 4 1999 33 East Idaho Str, et, Meridian, ID 83642 P G & ZONING Phone: (: 08) 888-4433 City of Meridian Fax: (208) 887-4813 City Clerk Office APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: n/a GENERAL LOCATION: North of I-84, South of State of Idaho Law Enforcement facility. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): industrial ACRES OF LAND IN PROPOSED ANNEXATION: Annex of -53 arreS P1 to Parcel A PRESENT LAND USE: agricultural high tech manufacturing PROPOSED LAND USE: OC •'1 PRESENT ZONING DISTRICT: C -G, RT (.53 acres) 'j( -3 I -L PROPOSED ZONING DISTRICT: APPLICANT. William A. Hon PHONE: 343-7514 ADDRESS: P.O. Box 828, Boise, ID 83701 ENGINEER, SURVEYOR, OR PLANNER: Star. McHutchison @ BriggSPHONE: 344-9700 ADDRESS: 1800 W. Overland Road, Boise, ID 83705 E. Norris OWNER(S) OF RECORD: William A. Hon, Roland L. Hon & WilliarPHONE: 343-7514 ADDRESS: P.O.. Box 828, Boise, ID 83701 Signature of Applicant 1/13/99 APPLICATION FOR ANNEXATION AND ZONING OR REZONE 1. Name, address and phone number of applicant: William A. Hon P.O. Box 828 Boise, ID 83701 208-343-7514 2. Name, address and phone number of owner of subject property: William A. Hon, a married man, as his separate estate, and Roland L. Hon, a married man, as his separate estate and, William E. Norris, a married man, as his separate estate, all as tenant in common. P.O. Box 828 Boise, ID 83701 208-343-7514 Proof of ownership attached Notarized request for zoning amendment attached 4. Legal description of property attached 5. Present land zoned C-G/RT, undeveloped. 6. Rezone to I -L, manufacturing/office. 7. Present zoning: C-G/RT. Jurisdiction: City of Meridian Proposed zoning district: I -L 9. Proposed zoning will enhance capabilities for added employment which will increase the tax base for the City of Meridian. The building construction will conform with similar types of construction in the immediate area. 10. Building function will not work in zone C -G. Surrounding development consists of commercial, light industrial, office, etc. and the new manufacturing/office development will harmonize with the existing businesses in the surrounding area. 11. The project's introduction to the area will help Meridian's desire to expand its economic base and will create new job opportunities for Meridian citizens reducing people to commute to neighboring cities for work. Hon Investments • P. O. Box 828 Boise, ID 83701 (208) 343-7514 January 11, 1999 Ms. Shari Stiles Planning Director City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Rezone application Dear Ms. Stiles: We do hereby swear and affirm that we have read the contents of the attached rezone application. We further verify that the information contained therein is true and correct. Respectfully, William A. Hon i2v,6a 7e �L p% ' �- Roland L. Hon �?J,�d.� e—pmyc�C.-„ (!Z •�. William E. Norris Hon Investments P. O. Box 828 Boise, ID 83701 (208) 343-7514 January 11, 1999 Ms. Shari Stiles Planning Director City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Rezone application Dear Ms. Stiles: We do hereby swear and affirm that the subject property shall be posted at least one week before the public hearing scheduled for February 9, 1999. Respectfully, 6-Z— /VT Roland L. Hon William E. Norris • Hon Investments • P. O. Box 828 Boise, ID 83701 (208) 343-7514 January 11, 1999 Ms. Shari Stiles Planning Director City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Rezone application Dear Ms. Stiles: I do hereby formally request that the zoning of the property identified in this application be amended from C -G (General Retail and Service Commercial) to I -L (Light Industrial) to allow for the development of an electronic products research, development and manufacturing facility. Respectfully, William A. Hon /�� 4, A-e� ?1A Roland L. Hon PIA William E. Norris State of Idaho ) S.S. County of Ada ) On this 12'h day of January, in the 1999, before meCif/ i YG,q &a; a notary public, personally appeared William A. Hon, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. S E A I, Notary Public My Commission Expires on ��p O S/ VI CINI T Y MA P 1 "=1000 ' 0 0 SPECIAL POWER OF ATTORNEY William E. Norris, a married man dealing with his Separate Property Trust, as Principal, does hereby make, constitute and appoint: William A. Hon, whose address is 3010 W. State Street, Boise, Idaho 83703, Tel 343-7514, as his true and lawful Attorney -in -Fact and Agent; and Hereby authorizes and empowers his said Attorney and Agent, for him and in his name, place and stead: To represent him, and to negotiate and enter into agreements for him; and to make, execute and deliver undertakings, contracts, deeds and documents of any description relating to the Principals' interests in the real properties located in Ada County, Idaho more particularly described as follows: HONOR PARK SUBDIVISION No. 1, 2 & 3, MERIDIAN, ADA COUNTY, IDAHO EXHIBITS A and B, LEGAL DESCRIPTIONS, ATTACHED And, hereby ratifies, confirms and approves all acts and undertakings of his said Attorney and Agent pursuant hereto, and all agreements, deeds and other documents of instruments executed in his name by said Attorney. Dated: .1.1-1 affaw /-- 4t'� William E. Norris, Separate Property Trust STATE OF IDAHO ) )ss. County of Blaine ) On this ��y 3 fffy, before me, a Notary Public in and for said State, appeared William E. Norris, known to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public for Idaho, Residing at My commission expires: WILLIAM E. NORRIS TO WM. A. HON SPECIAL POWER OF ATTORNEY 1998 MSG FRui 10 342467 P.02 14 i DESCRIPTION FOR HONOR PARK REMAINDER - SOUTH PORTION April 17, 1995 A, parcel of. land lying in the SIEEE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00027'58 W 242.60 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description; ' Thence continuing S 00'27'58" W 1082.74 feet to a point on the south lint; of the NW 1/4 of the SE 1/4; Thence N 89'38'18" E 1325.29 Meet along the south line of the NW 1/4 of the SE 1/4; Thence S 00'29'35" W 49.74 feet to a point on the north right of way'of Interstate 80; Thence S 89'33'18" E 214.01 feet along the north right of way of Interstate 80 to a point; Thence N 84'33'33" E 200.89 f�et along the north right of way of Interstate 80 to a point; Thence S 89'32'33" E 911.28 flet along the north right of way of Interstate 80 to a point on the east line of said SE .1/40 said e�;t line being the centerline of South Locust Grove Road; Thence N 00'31'12" E 264.80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52'44'13" W 26.00 fe�t along the centerline of the Hunter Lateral to a point; Thence N 42"26'19" W 88.60 feet continuing along the centerline of the t-iunter Lateral to a point; i Thence N 35'10'55" W 277.80 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 32°26'13" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23044'13" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; 'thence N 89°11'28" E 413.65 feet to a point on said east line of the SE 1/4; Thence N 00°31'12" E 50.01 feet along said east line to a point; j . Exhibit A 940316 �R-05-1 9E1 08:56 FROM � 10 • 342�6af �'•G Bence S 89011'28" W 435.y61ieet to a point on the centerliv of the Hunter Lateral, Thence N 23'44'13" W 100.50 feet along the centerline of the Hunter Laterai to a point; Leaving the centerline of the Hunter Lateral, thence S 89'39'33" W 2106.96 feet to a point of curvature; Thence along a curve to the right whose radius is 40.00 feet, length is 50.53 feet, tangents are 29.13 feet and has a central angle of 72°07'27" and a long chord bearing N 54' 16'41" W and a chord length of 47.09 feet to a point of tangency; f Thence N 18'13'00" W 86.77 feet to a point of curvature; Thence along a curve to the rlghl whose radius is 20.00 feet, length is 6.52 feat, tangents are 3.29 feet and has a central angle of J 8"40'58" and a long chord bearing N 08°5:'31" W and a chord le6gth of 6.49 feet to the Real Point of Beginning of this description. i This parcel contains 55.953 acres, more or less. This description was written from data of record and does not represent a field survey. Michael E. Marks, No. 49 0 cAj! EL 'g. i r , �i .f j ,• 9x0316 2 i SPECIAL POWER OF ATTORNEY Roland L. Hon, a married man dealing with his sole and separate property, as Principal, does hereby make, constitute and appoint: William A. Hon, whose address is 3010 W. State Street, Boise, Idaho 83703 Tel 343-7514, as his true and lawful Attorney -in -Fact and Agent; and Hereby authorizes and empowers his said Attorney and Agent, for him and in his name, place and stead: To represent him, and to negotiate and enter into agreements for him; and to make, execute and deliver undertakings, contracts, deeds and documents of any description relating to the Principals' interests in the real properties located in Ada County, Idaho more particularly described as follows: HONOR PARK SUBDIVISION NO. 1, 2 & 3, MERIDIAN, ADA COUNTY, IDAHO EXHIBITS A and B, LEGAL DESCRIPTIONS, ATTACHED And, hereby ratifies, confirms and approves all acts and undertakings of his said Attorney and Agent pursuant hereto, and all agreements, deeds and other documents of instruments executed in his name by said Attorney. Dated: Roland L. Hun STATE OF IDAHO ) )ss. County of Ada ) �3 199Z On this , before me, a N7o., ry Public in and for said State, pe sonally appeared iE�e-F.iu�� �_ , known to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public for Idaho, Residing at My commission expires: ��j,10Jd ROLAND L. HON TO WILLIAM A. HON SPECIAL POWER OF ATTORNEY 0`201 c FFlIal • 10 • DESCRIPTION FOR } H014OR PARK REMAINDER - SOUTH PORTION April 17, 1995 34:41-e57 P 1 0""1 i A parcel of land lying in the SEE 1/4 of Section 18. Township 3 North, Range 1 East, Boise Meridian, Ada County. Idaho. more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00°27'58"' W 242.60 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description; ` i Thence continuing S 00'27'58" W 1082.74 feet to a point on the south lint; of the NW 1/4 of the SE 1/4; , i Thence N 89'38'18" E 1325.29+feet along the south line of the NW 114 of the SE 1/4: Thence S 00'29'35" W 49.74 felet to a point on the north right of way of Interstate 80: Thence S 89'33'18" E 214.01 f6et along the north right of way of Interstate 80 to a point: Thence N 84°33'33" E 200.89 f�et along the north right of way of Interstate 80 to a point; Thence S 89'32'33" E 91.1.28 feet along the north right of way of loterstat'e 80 to a point on the east line of said SE .1/41 Bald eaist line being the centerline of South Locust Grove Road; Thence N 00°31'12" E 264.80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52'44'13" W 26.00 fel6t along the centerline of the Hunter Lateral to a point; Thence N 42°26'19" W 88.60 feet continuing along the centerline of the Hunter Lateral to a point; ' i i Thence N 35'10'55" W 277.80 Met continuing along the centerline of the Hunter Lateral to a point; Thence N 32'26'13" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23'44'13" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 89'11'28" E 413.65 feet to a point on said east line of the SE 1./4; Thence N 00°31'12" E 50.01 feet along said east line to a point; Exhibit A 940315 M1711R-05-1990 00:50 FROM TO 42465? P.03 TOence S 89°11'28" W 435.96 feet to a point on the centerline of the Hunter Lateral; Thence N 23'44'13" W 100.50 feet along the centerline of the Hunter Lateral to a point; Leaving the centerline of the Hunter Lateral, thence S 89'39'33" W 2106.96 feet to a point of curvature; Thence along a curve to the right whose radius is 40.00 feet, length is 50.53 feet, tangents are 2.13 feet and has a central angle of 72°07'27" and a long chord bearing N 54'16'41" W and a chord length of 47.09 feet to a point of tangency; Thence N 18° 13'00" W 86.77 feet to a point of curvature; Thence along a curve to the right whose radius is 20.00 feet, length is 6.52 feet, tangents are 3.29 feet and has a central angle of j 8°40'58" and a long chord bearing N 08°52'31" W and a chord length of 6.49 feet to the Real Point of Beginning of this description. i Ttiis parcel contains 55.953 acres, more or less. This description was written from data of record and does not represent a field survey. 1kL � .. n Michael E. Marks, No. 't i . I 1 I i t 1 I , 7 } 940316 �.' o '4&t, a- 2 C i i I P 71962 6561601 DEED For value received, J. A. Albertson, as trustee under the Barbara J. Scott Trust, does hereby grant, bargain, sell and convey under William A. Hon, a married man dealing with his sole and separate property, whose current address is P.C. Box 828 Boise, Idaho, Grantee, the following -described real estate, to -wit: All interest in and to the following -described parcels of real property located in the City of Meridian, County of Ada, State of Idaho which interest consists of an undivided fifty percent (508) interest in the whole thereof. PARCEL "A' A parcel of land being all that portion of the North half North half Southeast quarter Southeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, lying North of the Right of Way boundary of Interstate 80N, Project No. 1-80-N-1(23)45 Highway Survey; and Beginning at a point on the section line which bears South 0018150' West, 1,115.65 feet from the quarter section corner common to Sections 17 and 18, Township 3 North, Range 1 East, Boise Meridian; thence South 0018'50" West, along the section line, 214.40 feet to the South sixteenth section corner common to Sections 17 and 18; thence South 89025150" West, along the sixteenth section line, 1,325.20 feet to the Southeast sixteenth section corner of said Section 18; thence North 0017115" East along the sixteenth section line, 1,327.82 feet to the East center sixteenth section corner of said Section 16. - thence North 89020'03' East, 688.12 feet to a point on the centerline of a certain irrigation lateral; thence South 23042110" East along said centerline, 656.15 feet to a point; thence South 33056130" Fast along said centerline, 392-37 feet to a point; thence South 37001'10" East along said centerline, 171.89 feet to a poin�; thence South 45058'10" East, 64.27 feet to the Point of Beginning. .%Ja1 OF ;Z;.A rDJ14TY Cr kDk = PIONEB TITLE CO. µN fer re[RO Y re repue:t cl —��— (j7 --V- I V - I / N0 THIS DEED IS BEING RE—RECORDED TO CORRECT LEGAL DESCRIPTION OF 4—Q'7AL nenrc-r n �j -sv.:Mw+-xw�s,:,.a4aCk�t�a�a6air6akS.fiw T;IZIT) 1'T ZTt t -t 9015416 QMTCLAW DEED=' c IM VALUE RECEIVED BEVERLY B. BOX. an unmarried S woman since April 22, 1985, do hereby con'— release, remise and fay Ke- quit ciaitn her entire interest (which is a 25% interest in parcels A 3 C S G in th below de$cgiped properties and which is a 12.Sz interest 1=; unto in parcels D E and describe a ow) '= MLIAY A. HOS, a married man as his separate propert �^ as his separate property. P y, and ROLaND L. HOs. -hose address is E_ _ 40 the fo8owing describe3 premises, to•wit IE Q I� See the Attached Exhibit "A" for legal descriptior., which b Y this I reference is incorporated �I herein. le s Ip Ri IE rQOF io s. I_. ni e tome:iter with melt appurtenances. BY e f}+ted: January 25, _990 rl a E✓ c eYerl. ' c o� a E ACKN0WLEDG_%SE\T STATE OF IDwHO. C01- TY PC OF��fr��� �i C STATE OF Idaho I hereoy certify that this ins-,rument Ess filed for record ��. Co tv of Ada m 6 . ss. at the reques t of PIMEEN T10 f 00.ZA— r I On t:.ds J'C day of January �? theyearof 1090 in at ✓ minutes put o'eloek�m. �. ihefoteme this Jaaet ,� L. Bosch ano /,— day of Personally appeared Beverls• B. Hon Public. ig - in my office. and duly record k •3 of heeds at page ;yam known or a idezdfibe to the tJ" D?' ' S i i�r :x�,_ whose tumte is JQHF!' c?y, j subscribed. W` ;ye -wit: at igs=r=ent and s he ue.�itteC -- ackmvled edto me that Ex -Officio Recorder05 fa—' � the ser dl _ _ /f� _ — Residn!a^'•. 'B��:_e, Ida}.o Fees (ot `7e Deputy- E\PIRw'g0 a! D, 93 Mail to: @; - PIONEER 'nTLE OF ADA COt1NTY ! 821 W'_ State Sum / Boise. Idaho 83702, (208) 33tr.5700 888 North Cole Road / Boise. Idaho 83704 � (20&-16-2700 !-m^'�i'siarww`ww.ry��vxv.�r�wwww-os-w I C� w,w,ww. osc:: EXHIBIT "A" PARCEL A: THE NORTHERLY 515.94 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, LYING WESTERLY OF THE WESTERLY LINE OF THE COUNTY ROAD (STRATFORD DRIVE). PARCEL B: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE -MERIDIAN, IN ADA COUNTY, IDAHO, EXCEPT THOSE PORTIONS OF SAID TRACT DESCRIBED IN BOOK 170 OF DEEDS AT PAGES 96 AND 141, RECORDS OF ADA COUNTY, STATE OF IDAHO; AND EXCEPT BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING; THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, A DISTANCE OF 1050 FEET TO A POINT ON THE NORTHEASTERLY BANK OF A STREAM CALLED NINE MILE CREEK; THENCE EASTERLY PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, A DISTANCE OF 622 FEET TO A POINT; THENCE SOUTHERLY PARALLEL TO THE WESTERLY BOUNDARY OF SAID NORTHEAST QUARTER, OF THE NORTHWEST QUARTER, SECTION 18, A DISTANCE OF 1050 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF THE SAID NORTHEAST QUARTER OF THE NORTHWEST SECTION 18 TO THE REAL POINT OF BEGINNING. AND EXCEPT THE NORTHERLY 25 FEET CONVEYED TO STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO. 130137 (BOOK 182 OF DEED A PAGE 490). PARCEL C• THE NORTHERLY 410.49 FEET OF THAT PORTION OF GOVERNMENT LOT 2 IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE -MERIDIAN IN ADA COUNTY, IDAHO (THE SOUTHERLY LINE OF WHICH IS PARALLEL TO THE NORTHERLY LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER OF SECTION 18, EXCEPT THAT PORTION LYING WEST OF THE EASTERLY LINE OF STATE HIGHWAY 69 AND ALSO EXCEPT THAT PORTION CONVEYED "O THE CITY OF MERIDIAN BY DEED RECORDED MAY 27, 1976 UNDER INSTRUMENT NO. 7620286 PARCEL D: A PARCEL OF LAND BEING ALL THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 PAST, BOISE•-MERIDIAN, LYING NORTH OF THE RICHT OF WAY BOUNDARY OF INTERSTATE 80N, PROJECT NO. 1-80-N-1(29)45 HIGHWAY SUl:V1:Y; AND BEGINNING AT A POINT ON THE SLC'l'luN LINE WHICH BF4RS SOUTH 0.18150' WEST, 1,115.05 1'L'LY FROM THE nUAR1ZR SECTION CORNER COMMON TO SECTIONS 17 AND 18, TOWNSH>P 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN; !HENCE SOUTH 0'18'50' WEST, ALONG THE SECTION LINE, 214.40 FEET TO THE SOUTH SIXTEENTH SECTION COltN THENCE L12 COMMON TO SECTIONS 17 AND 18; SOUTH 89-25-50- WEST, ALONG '1'111: :;J .'-:Ti:ENTH SECTION LINE, 1,325.20 FEET TO THE SOUTHEAST SIY'1•E'L1J'1'Y. SECTION CORNER OF SAID SECTION 18; THENCE NORTH 0.17'15" EAST ALONG THE SIf.TEENTH SECTION LINE, 1,327.82 FEET TO THE EAST CENTER S1X'1•EL:NTH SECTION CCRNER OF SAID SECTION 18; THENCE NORTH 89'20'03' EAST, ci88.12 FEET '1'0 A POINT ON THE CENTERLINE OF A CERTAIN IRRIGATIU:! LATERAL; THENCE SOUTH 23'42'10" EAST ALONG SAID CENTERLINE, 656.15 FEET TO A POINT; THENCE SOUTH 37'56'30' EAST ALONG SAID CLNTERLINE, 392.37 FEET TO A POINT; THENCE SOUTH 37'01'10" EAST ALONG SAID CLNTERLINE, 171.89 FEET TO A POINT; THENCE SOUTH 45'58'10" EAST, 64.27 FEET TO THE POINT OF BEGINNING. PARCEL E• A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST OF BOISE- MERIDIAN, IN ADA COUNTY, IDAHO, D2;CRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SECTION LINE WHICH BEARS SOUTH 0'18-50" WEST 503.35 FEL!. F1tOM THE QUARTER SECTION CORNER COMMON TO SECTIONS 17 AND 18, TOWNSHIP __ NORTH, RANGE 1 SOUTH`89T23BOOZSEWEST, BOISE-MENCE ERIDIAN; TO A POINT; THENCE NORTH 23'42'10" WEST, 54.36 FEET '1.O A POINT; THENCE NORTH 89.23'50" EAST, 438.42 FEET TO A POINT ON SAID SECTION LINE; THENCE SOUTH 0'18'50" WEST, ALONG '1'11E-;ECTION LINE 50.01 FEET TO THE POINT OF BEGINNING. 1•=���%�:• C'ClN T Z NUED PARCEL F: BEGINNING AT A STONE AT THE NORTII:JEST CORNER OF THE SOUTHWEST QUARTER OF SECTION lfl, TOWNSHIP 3 NORTH, QUARTER OF THE NORTHEAST QUA RANGE 1 EAST, BOISE -MERIDIAN, ADt, COUNTY, IDAHO, SOUTH ALONG THE QUARTER SECTION LINE 7.16 CHAINS TO A STONE, THE REAL POINT OF BEGINNING; CONTINUING SOUTH ALONG THE QUARTER SECTION LINE 32.e5 CIIAIIIS TO TILE SOUTHWEST CORNER OF THE NOIC1711WEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTIO14 18; THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTIO14 18 A DISTANCE OF 20.07 CHAINS TO THE SOUTHEAST COIU:IZ1t OF ::AID NOIt'I'llUEST QUP"rCR OF THE SOUTHEAST QUARTER OF SAID `:1:CTION 18; TIIL'NCE NORTH ALONG THE EAST LINE OF ::Alli NORTHWEST QUAItTER OF THE SOUTHEAST QUARTER ,,::D 'Pill' _;jUTHWEST QUARTER OF THE NORTHEAST QUARTER, S2.8S CII -.INS TO A STONE; THENCE WEST P%RALLEL TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 20.10 CHAINS TO THE POINT OF BEGINNING. PARCEL G: AT POR'T'ION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF TH SECTION 18, TOWNSHIP 3 NORTH, IcAuGE 1 EAST, BOISE—MERIDIAN, ADA COUNTY, IDAHO, LYING NORTH OF "'TERSTATE HIGHWAY NO. 04, AND EAST OF THE CENTERLINE OF NINE !•TILE CREEK. EXCEPT DITCH, CANAL, L•TATER Pa,'D !•IINERAL RIGHTS. P�-X97764 JB M i. -IT. QUITCLA NI DEED soiooes J FOR VALUE RECEIVED PIONEER EXCHANGE CORPORATION, an Idaho corporation, ^3 G do hereby convey, release, remise and forever quit claim its entire interest which is an undivided iQ 57 interest in parcels,A B C a G of the attached a a11 description oral an undivid Y.Sz interest itt parcels D $, AA F of the art ached a al description 1 Q unto WILLIAM E. NORRIS, an unmarried man, ! 0- whose address is P.O. Box 146, Sun "alley, Idaho 83353 the following described premises, to -Air: i is See the attached Exhibit "A" for legal description, which by this reference is incorporated herein. I i 1 i Ada Courfllc Y> a S} Request o! P,U.iEER TITLE Co. 7b, r.�t M. DATE 70 JO- J';�c!'T;17A By -� together arch their appurtenances. Dated January 30, 1990 PIOSEFR EXCHANGE CORPORA ION 3 �fimes P. Spect, President - Re,by Becr:e_, Secretary ^� ACKNOWLEDGMENT - Corporate STATE OF :nA11O County ofate— —.Ss. On this I day of "'� ��� • in the rear of =°90 bef,re me / a notary public, , personaliyaopeared Janes P. Speck and Rubv Beckei( known oridennfiedt-)me to be the -'res-dent and the Secretary ,3 of the corporation that executed :he instrument or the person ° who executed the irutrur*LQp behalf of - _ said corporation. crud acknnw ledger to me that such corp9catim:"*,,A,,ecttted the s 'd'>�`C No:ar} Public: t• t���r-- Residin= at. \1t'Ccmmisslof,E\DIr_,: PION -ER TITLE OF ADA COUNTY .'1 821 West S[au Scree[ : Boise. Idaho 8:-02 f'_PSi 888 North Cole Road / Boise. Idtho 6 '03 COSI _---:-C✓l '.�"::'.:1Y:ti'A'W'A'VY"WYi"t7:WYY'A'Vl-Y.'.rlY Y✓Vl'T'WWR!W YYv.,_.ry.. __..___Z';.l""r: .-. :. :. :.-':. . .._....... l..i 1_ . i i_. l l.i �_i._. ♦ _......_.. _. _�-[l. Lil.�.�_.J..�]jL. i�.Y �.._.._.._. ... ._. ._.. . _. EXIII81T "A" PARCEL A: THE NORTHEPLY 51;;,94 FEET OF THE SOUTHEAST QUARTER OP NORTHWEQT QUARTER -'F SEC'i'ICN 31), TOWNSHIP 3 NOP LYING WESTERLY OF T+E WESTERLY LILAC OFR.,NCE 1 EAST;` D" -V=) • _ uNT)r ROAD (STRATFORD PARCEL B• THE' NORTHEAST QUARTER OR TOWNSHIP 3 NORTH, Ry -n�NO 1l6JCST QU.%h'j'ER OF SECTION 18, IN COUNTY, IDAHO, EAST 01' T.IC BCI SL'-:4L•'RIDIAN, IN ADA EXCEPT THOSE DEEDA't' ' ORTIONS OF SAID TRACT DESCRIPCD IN BOOK 170 OF S AND nCES 96 AND 141, 1?::COftL'S OF' WA COUNTY, STATE OF IDAHO; .-EPT BEGINNING AT Tl1E SOU'1.1111ES'P COrINER 01" THE NOPTHEAST ..+RT£R OF THE NO,ITHWES'P QUAIc'PLIt, SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MER1D1Ar', ADA COUNTf, IDAHO, THE REAL POINT OF BEGINNING; THENCE NORTHERLY ALONG THE WECTERLY UOUttDA:2Y OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTEft, Si.'CTION 18, A DISTANCE OF 1CSO FEET TO A POINT ON THE NO11'1'111 ASTER.LY DP.NK GF A STRrAM CALLED NINE MILE CREEK; TH4NCE EASTERLY PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUAUTER, SCC'1'.,�,N 18, DISTANCE OF 622 FEET TO A POINT; TlILNCL' SOUTHERLY PARALLEL TO THE WESTL:I(LY BOUNDARY OF SAID NORTHEAST QUARTER, OF THE NOstTHWL'S:" nUARTER, S1'C'1'lON I0, A D1S'PANCF. OF 1050 FiL'T TO A POINT ON '1'11C S(.;:'PHEALY BOUNDARY OF SAID NORTHEAST QUARTER OF THE tJ0I('1'IIWEST QUARTER, SECTIUt4 19; THENCE WESTERLY ALONG THE SOUTHERLY DOUNDP.RY OF THE SAID NORTHEAST QUARTER OF THE NORTHWEST' SECTION BEGINNING. lu 1'0 THE PEAL POINT OF AND XCEPT ERLY 25 FEET DEEDERECORDEDEUNDERHINSTRUMENT140C 120,37 TOJCTA18`OOF'IDEEO BY PAGE 490). EDL A PARCEL C: THE NORTHERLY 410.49 FEET OF TH:':' PORI.ZON OF GOVERNMENT LOT 2 IN THE NORTHWEST QUATTER OF SECTION 18, TOWNSHIP :i NORTH_ RA,, 1 EAST OF THE BOISE -MERIDIAN IN ;,D:, COJNTY, IDAHO (THE SOUTHERLY LINE OF WHICH IS IN TO TVE :NORTHERLY LINE OF THE SOUTH HALF OF SAID NORTHWEST QUAIRTCR OF Si:C'. iC 4 le. LEGAL CONTINUED PARCEL D' A PARCEL OF LAND BEING ALL THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTI'll OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, NORTH OF THE BOISE-PiERIDIAN, LYING RICHT OF WAY DOUNDAkY OF INTERSTATC BON, PROJECT NO. 1-80-N-1(29)45 HIGHWAY SURVEY; AND BEGIirNING AT A POINT ON THE SECTIUN LINE WHICH BEARS SOUTH 0.18'50" WEST, 1,115.65 VEL•T FROM THC QUARTER SECTION CORNER COMMON TO SECTIONS 17 AND 18, 'TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN; 'THL:NC2 SOUTH 0.18'50" WEST, ALONG THL•' :LC'i'Zf.N LINE, 219.40 FEET TO THE SOUTH SIXTEE-'NTH SECTION C01cNlj'COMMON TO SUCTIONS 17 AND 18; THENCE SOUTH 89'25' 50" WEST, ALONG '1'1l',. -SIXTEENTH SECTION LINE, 1,325.20 FEET TO THE SOUTHEAST `_ _XTE'Ll4TH SECTION CORNER OF SAID SECTION 18; THENCE NORTH 0'17'15" EAST ALON;; THE SI)ITEENTH SECTION LINE, 1,327.82 FEET TO THE EAST 'ENTER LN'1'H SECTION CORNER OF SAZD SECTION 18; THr•,gCg NORTH 89'20'03" E" IT 688.12 FEET TO A POINT ON THE CENTERLINE OF A CERTAIN -,IGATION L%TE-'lci L; 'THENCE SOUTH 23'42'1 EAST ALONG SAID CENTERLINE, 656.15 FEET TO A POINT' ,HENCE SOUTH 33'.`,'30" EAST ALONG SAID CL14TERLINE, 392.37 FEET TQ PO ; THENCE SOUTH •01'10" EtiST ALONG SAID CENTERLINE, 171.P' y . POINT; THENCE rEET TO A SC` H 45'58110" EAST, 64.27 FELT TO THE' _l4T OF BEGINNING. PARCEL E' A PARCEL OF LAND IN THE QUARTER OF SECTION " -'`!EAST QUARTER OF THE SOUTHEAST MERIDIAN, IN_*s:- TOWNSHIP 3 NORTH, RANGE 1 EAST OF BOISE- BEGIN NI •.OUNTY, IDAHO, DEaCRIBED AS FOLLOWS; '� sol::A POINT ON THE SLCTION LINE WHICH BEARS o,..- - ..-18'50" WEST 503.35 FELT FlQM THE QUARTER SECTION CORNER COMMON TO SECTIONS 17 AND 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN; 'THENCE may_- SOUTH 89'23'50" WEST, 416.28 FEET TO A POINT; THENCE NORTH 23.42110" WEST, 54.36 FELT TO A POINT; THENCE NORTH 89'23'50" EAST, 438.42 FEET TO A P0I14T ON SAID SECTION LINE; THENCE SOUTH 0'18'50" WEST, ALONG THE SECTION LINE 50.01 FEET TO THE POINT OF BEGINNING. LEGAL CONTINUED PARCEL F• BEGINNING AT A STONE AT THE NORTHWEST CORNER OF THE SOUTHWEST r QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, 'TOWNSHIP 3 NORTH' RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, SOUTH ALONG THE QUARTER SECTION LINE 7.46 CHAINS TO A STONE, THE REAL POINT OF BEGINNING; CONTINUING ; SOUTH ALONG THE QUARTER SECTION LINE 32.85 CHAINS TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; '1'tiENCE EAST ALONG THE SOUTH LINE OF :;AlU NORTHWEST QUARTER OF THE SOUT11CAST QUARTER OF ScC'1'1071 10 A DISTANCE OF 20.07 CHAINS TO THE SOUTHEAST CORNER O :;All) NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID S1:C'TION 18; 'THENCE NORTH ALONG THE EAST LINT: OF :;AID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND 'Till' :,JUTHWIZST QUARTER OF THE WEST PARAL OF ELNORTHTTOU UARTHEENOR3i•L1NCl"INTHT SOUTHEAST 'THENCE CS TO A TONE; SECTION 18, A DISTANCE Oil :U BEGINNING. .10 CHAINS '1'0 '1`HQL'UARTER POINT OF SAID PARCEL G: Y'HAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NOR'fil, Iu.NCE 1 EAST, BOISE-MEftZDZAN, ADA COUNTY, IDAHO, LYINC NORTIi OF INTERSTATE HIGHWAY NO. 0.1, AND EAST OF THE CENTERLINE OF NINE MILE CitLEK. EXCEPT DITCH, CANAL, WATER A::D r-11NERAL RICHTS. 00L1 .11 • i11 _ u , __ — Nr -N N. N � .'.'I -.• .•., y�..y_ _ _ . . A. y. N..,�r-Mr. y..�r •.� yi�.•r;�r. WARRANTY DEED FOR ti oa WILLUM A. MN, AS HIS E. EMTE, y, • p r.. w comRwr Lvim= By mmmmum . D•a •!•'aa uNDER INgIRLmm ND. 8515302; AND FCWM L. HON, AS HIS SEPARATE EmATE, ENDER GRAM'OR(s de�(do) GRANT. BARGAL�I, SELL and CONVEY tato STATE OF IDAl3O, at3ICN 1�I18LIC WO�iLS EtiR DEPARrinn OF IAW Er%Tcpjca1LNr GRANTEE(S), ,whore aurent Wdress is: dw knorwioi described teal property m ADA County, State of Idaho, IMM Pwdcularly dacribed n Wows, to wit: LEGAL DESCRIPTIM ATMIMM AS EXUBIT "A" -W MDE A PART HEREOF BY REEZRENLZ 119 0 410 5 h ADA CODUT", IDAHO FOR PIOtIIEER TITLE 0. IN '90 RUG 2 M 9 56 JOHN S:As'h— TO A.ER BY HAVE AND TO HOLD the said premises• with tunto the said Graruce(s), and Grantees) heirs and assign forever. And the said Grantors) does(do) hereby with the said Grantee(s), that Grantors) is/are the owner(:) in fee simple of said Premises; that said premisesall encumbrances, EXCEPT those to --hick this conveyance is expressly made subject and those trade, suffered or done by the Grantees); and subject to reservations, restric- boas. dedications, easements. right of way and agreements, (-if any) of record, and general taxes and assessments, (includes irriguiotl and utility assessments, if any) for the turret; year, which are not yet due and payable, and that Grantor( will war- rant and defend the same from all lawful claims whatsoever. Dw : August 01, 1990 WILLLM A. HOV ACKNOWLEDGENIEA'T — Individual STATE OF Idaho Coun of Ada ss. da the year. - , , before Janet .L ;Blosch me a notary public. a tOLAND L. HON AND i.ZLLIA-4 — = known or x1clittfiad'to me to be: t)(e etson s-- whose names 3P L subs-nbed to the and acknow to the that `'a =1 IwyL � llt� saute. �. , Residing i(.`'_ EXPIRATION a STATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., this day of 19 , in my cffice, and duly recorded in Book of Deeds at pace Ex -Officio Recorder By— Fees 5 Mail to: PIONEER TITLE COMP--�1Y OF AOA COUNTY 821 west State Street / Boise, Idaho 83702 / (208) 3366700 858 North Cole Road,' Boise, Idaho 83701 / (208) 377-2700 Deputy. j e �',t C .. •ytrra r Jt r - r mo r Y'H11T,r,.SAB? If11LZ'GT-SECn= 18, TOIAtSBIP 3 NORTA� Ota Ho a IMS im 000fftl,_ zow, IDLSCRIBED �`''� �18'��'�130�MSSlkf+fOftE ; ' LLSB TO"?HirLilfi' 0P=?iR MAflP! LA►TERALf?i�NCS T',11ti01�i sAZD/��' czum�/ �Ulla�4��00� yi�9p"��' l�ati Oft L88S or; 8J1ID. 07 SEC?IOM 18t MBS?. ALONG SAID: a Tlii::LTI1S`6g6 lEBT MOitE OR 1= TO TBE M` BOUT== Comm OF SAID SOMMAM OW1A?ER OZ TBS NORTH ALONG TBBTBB NES? LMTO SAID SOQIBZAST QUAR Dt OF NORTHSA8T ptTARTBR 492.36 ZEST TO A POINT DtM EAS! lAM THE POINT OF BEG1NUM; THM= MSST 1326.32 FEET MORE OR LESS TO THE POINT Ot BSGDlK1 1G. A it AI Ai ho; P-101414 JB READ MID APPROVEDL� WARRANTY DEED FOR VALUE RECLIVED WILLLAH E. MORRIS, an Unmarried Man at date of acquiring title, and at all time since; his Entire Undivided 12.5% Interest GRANTOR(s), does(do) hereby GRANT, BARGAIN. SELL and CONVEY unto THE STATE OF IDAHO. Division of Public Works for Department of Lav Enforcement GRA%-ME(S), whose cvrreat address is: the folbwiaf described real property in Ada more particularly desatbed as follows. to wit County, Suss of Idaho, Legal Description per attached Exhibit "A" and made a part hereof by reference 9041054 ADA COWITY, IDAHO FOR PIDNfER ML r0 '90 AUG 2 fi,9 9 56 JOAv=nn. ECORDcR BY TO HAVE AND TO HOLD the saiheir appurtenances unto the said Graoter(s), and Grantees) heirs 1 assigns forever. And the said Gnntor(tpeeaant to and with the said Grantee(s). that Grantor(s) islare me owcor(s) in fate simple of said premises. that said premises are free from all encumbrances. EXCEPT those to which this conveyance is expressly made subject and those made, suffered r- done b) the Grantee(s): and subject to reservations. restric- tions, dediartens, easements, right of way and agreements. (if any) of. ecord, and general taxes and assessments, (includes irrigation and utility assessments. if any) for the ctureat year. which are not yet due and pay.tble, and that Grantor(s) will war- m[ and defend the same from all lawful claims whosoever. Dated: July 27. 1990 PIONEER TITLE OF ADA CC'JNTV 8_'I Wm State Street / Boise.:�=o 63702 / (295)3'-63-00 688 %' rh Cok Road / Boise, liho 83704 / (2t.3) 3-'-2700 t aaw C1 !yll lfQ 1,"ILLL-4 E. NORRIS ACK-'-;O L+dividua! STATE OF IDAHO, _OUN OF - .. I hereby certify that this instrument %as filed for record at the STAT jiF 3hp-_ Cmmry of �ss. - of at minutes past o'clock m-. the veal eY t bi me STeI=s day of �� �— SdpU 1' a notary public. '.9 in my offi:e, and duly recon;ed in Boot persa,mll � L TT T T AM F NOR R T C of D-=1 at page known or tdemused to me to be the person _ wtsose name i c bscnbed to the Sin :nsnument, and a;kno .lodzed to me that wr.tt Ex -Officio Recorder _ he _ e sane. 3y rotary Public Qom'yPTf—= Deputy. Residing at.Fces S ON DAill E-\PMkT1TE: Sla•1 to: PIONEER TITLE OF ADA CC'JNTV 8_'I Wm State Street / Boise.:�=o 63702 / (295)3'-63-00 688 %' rh Cok Road / Boise, liho 83704 / (2t.3) 3-'-2700 x i EXHIBIT "A" THAT PORTION GF THE EAST HALF OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST OF B.N. IN ADA COUNTY, 10AH0, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF TSS NORTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF SMD EAST HALF OF SECTION 18 A DISTANCE OF 492.36 FEET TO THE TRUE POINT OF BEGIM rMG; THENCE CONTINUING SOUTH ALONG SAID WEST LINE 1200 FEET; THENCE EAST 2150 FEET MORE OR LESS TO THE CENTER LINE OF THE HUNTER LATERAL; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 400 FEET MORE OR LESS TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE WEST ALONG SAID SOUTH LINE 686 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER 492.36 FEET TO A POINT DUE BAST FROM THE POINT OF BEGINNIi:G; THENCE WEST 1326.32 FEET MORE OR LESS TO THE POINT OF BEGINNING. L 23 m a-c�cgs Z , / 73 x Z = 79. 58 A -t-- r t53 Kr-- 55..,]q - 50, 3,� JABIL CIRCUITS PROPERTY OWNERS WITHIN 300' LEE RICHARD A & NOLA S 820 S LOCUST GROVE RD MERIDIAN ID 83642-6204 MCMILLAN REECE A & LILLIBELLE 870 S LOCUST GROVE RD MERIDIAN ID 83642-6204 PATTAN BRET E & KIM J 910 S LOCUST GROVE RD MERIDIAN ID 83642-6204 BLACKMAN SIGNE M 1000 S LOCUST GROVE RD MERIDIAN ID 83642-6277 HOOGLAND MARIA ALLEGONDA M A HOOGLAND ESTATE PO BOX 969 CALDWELL ID 83606 1625 E BENTLEY DR WOLTERS RANDY J & PAMELA K 1080 S LOCUST GROVE RD MERIDIAN ID 83642-6277 MARTIN JACKIE DEAN & MARTIN GAYLE 1120 S LOCUST GROVE RD MERIDIAN ID 83642-6206 MARCUM NORMIE L & BRENDA E 1140 S LOCUST GROVE RD MERIDIAN ID 83642-6206 GUNDER DAVID & MORRISON LINDA 1180 S LOCUST GROVE RD MERIDIAN ID 83642-6206 JOHNSON GREGORY B & HEIDI M PO BOX 344 MERIDIAN ID 83680 1780 E OVERLAND RD DEPT OF LAW ENFORCEMENT STATE OF IDAHO ADMIN SERVICES DIVISION PO BOX 700 MERIDIAN ID 83680-0700 STRATFORD DR EVERETT MARVIN L 785 S LOCUST GROVE RD MERIDIAN ID 83642-6270 885 S LOCUST GROVE R T NAHAS CO ETAL ZURCHER BLDG 102 S 17TH SUITE 300 BOISE ID 83702 680 E CENTRAL DR S INDUSTRY WAY 1110 S INDUSTRY WAY MCKAGUE RONALD D & BONNIE R 885 S LOCUST GROVE RD MERIDIAN ID 83642-6271 RAFANELLI AND NAHAS 1 BATES BLVD ORINDA CA 94563 E CENTRAL DR 701 E CENTRAL DR 1000 S INDUSTRY WAY 1050 S INDUSTRY WAY 1060 S INDUSTRY WAY 1070 S INDUSTRY WAY HON WILLIAM ETAL PO BOX 828 BOISE ID 83701-0828 S LOCUST GROVE RD 560 STRATFORD DR 1205 S LOCUST GROVE RD OSTERHUES ROGER P & LYNN 975 S LOCUST GROVE RD MERIDIAN ID 83642-6271 MACGOWAN MICHAEL L 15541 ORCHARD AVE CALDWELL ID 83605-8321 S LOCUST GROVE RD INLAND COCA-COLA BOTTLING CO SWIRE COCA-COLA USA PO BOX 1647 SALT LAKE CITY UT 84110-1647 600 E OVERLAND RD BROWN GREGORY H & JUDITH A PO BOX 45245 BOISE ID 83711-5245 1301 S TEARE AVE TREASURE VALLEY BAPTIST CHURCH 1300 S TEARE AVE MERIDIAN ID 83642-6614 IDAHO KING CORPORATION THE 1109 MAIN ST STE 500 BOISE ID 83702-5641 1305 N LOCUST GROVE RD TERTELING TRUST NO 7 877 MAIN ST STE 706 BOISE ID 83702-5858 500 E OVERLAND RD I` Y Z VO WO 2 U Q 1 Cv Phone 3yZ ^ 1--boS SOLD BY Q 06KH C.O.D. rDESCRIPTION CHARGE ON ACCT. MDSE. RETD. z 0 t- F - z O Sao d 0 M I 0 O W _ U) ❑ m om Y Z ZQ aMCCi um 2 7H Z w Y Cr. a 0 s a 0 cc C`- 0 1 rLi 1 r rm 0 .-a rm rU C` - IT a 0 0 • CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 uusiomer s �5 Order No. I ) ^Date Name Gut(1{cam 1^1[�G T�[c�l�ec AIA Address Phone 3yZ ^ 1--boS SOLD BY Q 06KH C.O.D. rDESCRIPTION CHARGE ON ACCT. MDSE. RETD. PAID OUT r (Wo ZZ c I I I C 1/VlC JiiAee,-23e 1-73)17 —71 5 'I is-�ZZ I I I I I I I I I I I I I I I All claims and returned goods MUST be accompanied by this bill. TAX 0009143 Byceived �( TOTAL GS -202-2 PRINTED IN U.S.A. „� reinTeo wiTn _ Q e%JSOYINK- ��tLinfU 6tli MACUINN RECORDED - REQUES T Or -Y-R-ECQ_Rp DEVELOPMEIVVC�i�d �, fnq�;0 FEE�,D , PARTIES: I. City of MeridiA99 «Y 20 N-1 f: 2 3 0 9 2 2. WILL A. HON a married man, as his separat ROLAND L. HON, a married man, as his separate estate, WILLIAM E. NORRIS, a married man, as his separate estate THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 6` day of 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and WILLIAM A. HON, a married man, as his separate estate, and ROLAND L. HON, a married man, as his separate estate, and WILLIAM E. NORRIS, a married man, as his separate estate, hereinafter called "DEVELOPER", whose address is P.O. Box 828, Boise, Idaho 83701. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in lav and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or developer make a written commitment concerning the use or development of the SUBJECT PROPERTY; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in DEVELOPMENT AGREEMENT - 1 1-1 Exhibit A, and requested a designation of I -L Light Industrial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning &- Zoning Commission and before the Meridian City Council, as to how the SUBJECT PROPERTY will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the SUBJECT PROPERTY held before the Planning &- Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6th day of April, 1999, has approved certain Findings of Fact and Conclusions of Lav in decision and order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to DEVELOPMENT AGREEMENT - 2 0 • ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Developer": means and refers to the person(s) developing the SUBJECT PROPERTY. 2.3 "Subject Property": means and refers to a certain tract of land in the County of Ada, City of Meridian, State of Idaho, as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY'S Zoning Ordinance codified at Section Municipal Code of the City of Meridian. 4.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 4.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT - 3 0 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPER shall develop SUBJECT PROPERTY including the obtainment of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1 The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 5.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. DEVELOPMENT AGREEMENT - 4 • 5.5 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. 5.6 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work ,,vith ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. Adopt the Nampa & Meridian Irrigation District Requirements as follows: 5.7 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. 5.8 A Land Use Change Cite Development Application must be filed for review prior to final platting. 5.9 All laterals and waste,,vays must be protected. 5.10 All municipal surface drainage must be retained on site. 5.11 If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5.12 The Developer must comply with Idaho Code § 31-3805. 5.13 It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 5.14 The Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be T to 6' in height and 25' in addition to the canal easement. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and DEVELOPMENT AGREEMENT - 5 C • written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. S. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT - 6 0 • 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to anv subsequent breach of any such or other covenants and conditions. 1 1. REMEDIES. This Agreement shall be enforceable in anv court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at lav or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of anv such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. DEVELOPMENT AGREEMENT - 7 13. CERTIFICATE OF OCCUPANCY: The DEVELOPER agrees that no Certificates of Occupancy ,,will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT - 8 WILLIAM A. HON, a married man, as his separate estate, and ROLAND L. HON, a married man, as his separate estate, and WILLIAM E. NORRIS, a married man, as his separate estate P.O. Box 828 Boise, ID 83701 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced. between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. INVALID PROVISION. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no DEVELOPMENT AGREEMENT - 9 0 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY RESOLUTION NO DEVELOPMENT AGREEMENT - 11 BY: G, d William A. Hon BY: -e %4, Roland L. Hon BY: ;yLin CC . William E. Norris CITY OF MERIDIAN R ROBERT D. CORRIE 0 • STATE OF IDAHO ) :ss COUNTY OF ADA) On this_Z day of in the year 1999, before me, f/�,2 ,r22,� a Notary Public, personally appeared WILLIAM A. HON, a married man, as his separate estate, known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. (S ) Notary Public for Idaho Commission expires: STATE OF IDAHO ) ss COUNTY OF ADA) On this. may of Cv�C, in the year 1999, before me, &2L//�2�Eti` a Notary Public, personally appeared ROLAND L. HON, a married man, as his separate estate, known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. (A) = = Notary Public for Idaho 1 Commission expires: DEVELOPMENT AGREEMENT - 12 STATE OF IDAHO ss COUNTY OF ADA) On this2`zday ofin the year 1999, before me, elIZ7121 a Notary Public, personally appeared WILLIAM E. NORRIS, a married man, as his separate estate, known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. STATE OF IDAHO :ss County of Ada ( --7 / -- Notary Public for Idaho Commission expires: On this day of &r)* / , in the year 19I q, before me, a Notary Public, personally appeard'd Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. pry, cY ^yL.+1 we Qe i, SEAL w msg/Z:\Work\M\Meridian 15360M\Jabil Circuits\DevAmgmt DEVELOPMENT AGREEMENT - 13 Public for Idaho sslon expires: )� ., (SEAL) � = tire, STATE OF IDAHO :ss County of Ada ( --7 / -- Notary Public for Idaho Commission expires: On this day of &r)* / , in the year 19I q, before me, a Notary Public, personally appeard'd Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. pry, cY ^yL.+1 we Qe i, SEAL w msg/Z:\Work\M\Meridian 15360M\Jabil Circuits\DevAmgmt DEVELOPMENT AGREEMENT - 13 Public for Idaho sslon expires: )� EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT - 14 • JABIL CIRCUIT ANNEXATION AND ZONING PARCEL OF 1.49 ACRES A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T.3N., R.IE., thence S 00°27'58" W 1325.36 feet along the west line of the SE 1/4 of above said Section 18 to the northwest corner of the SW 1/4 of the SE 1/4 of said Section 18; thence N 89°38'18" E 860.84 feet along the north line of the SW 1/4 of the SE 1/4 of said Section 18 to the Real Point of Beginning of this description; Thence continuing N 89'38'18" E 464.45 feet along the north line of the SW 1/4 of the SE 1/4 of said Section 18 to the northeast corner of the SW 1/4 of the SE 1/4 of said Section 18; Thence S 00°29'41" W 49.74 feet along the east boundary of said SW 1/4 of the SE 1/4 of said Section 18 to a point on the north right-of-way of Interstate 84; Thence S 00°26'42" W 100.00 feet along the east boundary of said SW 1/4 of the SE 1/4 of said Section 18 to a point on the centerline of the Interstate 84 right-of-way; Thence N 89°33'18" W 440.26 feet along the centerline of the Interstate 84 right-of- way to a point; Thence N 00°26'42" E 100.00 feet to a point on the north right-of-way of Interstate 84; Thence N 28°43'02" W 49.47 feet to the Real Point of Beginning of this description. This parcel contains 1.49 acres, more or less. JABIL CIRCUIT REZONE PARCEL OF 55.79 ACRES A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T. 3N., R. IE., thence S 00°27'58" W. 386.08 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description; Thence continuing S 00°27'58" W 939.34 feet along the west line of the SE 1/4 to the northwest corner of the SW 1/4 of the SE 1/4; Thence N 89'38'18" E 1325.29 feet along the north line of the SW 1/4 of the SE 1/4 to the northeast corner of the SW 1/4 of the SE 1/4; Thence S 00°29'41" W 49.74 feet along the east boundary of the SW 1/4 of the SE 1/4 to a point on the north right of way of Interstate 84; Thence S 89'33'18" E 214.01 feet along the north right of way of Interstate 84 to a point; Thence N 84°33'33" E 200.89 feet along the north right of way of Interstate 84 to a point; Thence S 89°32'33" E 911.28 feet along the north right of way of Interstate 84 to a point on the east line of said SE 1/4, said east line being the centerline of South Locust Grove Road; Thence N 00°31' 12" E 264.80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52°44'13" W 26.00 feet along the centerline of the Hunter Lateral to a point; Thence N 42°26'19" W 88.60 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 35°10'55" W 277.80 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 32'26'13" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23'44'13" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 89°11'28" E 413.65 feet to a point on said east line of the SE 1/4; Thence N 00°31' 12" E 50.01 feet along said east line to a point; Thence S 89°11'28" W 435.96 feet to a point on the centerline of the Hunter Lateral; Thence N 23'44'13" W 100.50 feet along the centerline of the Hunter Lateral to a point; Leaving the centerline of the Hunter Lateral, thence S 89°39'33" W 2116.27 feet to a point; Thence S 00°20'27" E 54.54 feet to a point on a curve; Thence along a curve to the right 66.01 feet, said curve having a radius of 95.00 feet, tangents of 34.40, central angel of 39°48'41", and a long chord bearing N 64°48'36" W 64.69 feet to the Real Point of Beginning of this description. This parcel contains 55.79 acres, more or less. msg/ZAWork\M\Meridian 15360M\Jabil Circuits\ReZonLegal EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR ANNEXATION OF .53 ACRES AND REZONING OF 55.79 ACRES BY WILLIAM A. HON File No. AZ- 99-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matters of annexation and zoning application of .53 acres and rezoning of 55.79 acres having come on for public hearing on March 16, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and written comment from the Public Works Director, Gary Smith, and Mr. Bill Andre' having appeared for the applicant, and appearing and testifying in opposition, or with concerns, were persons who reside in the vicinity, including Mr. Roger Osterhues, Robert R. Smith, Reese Mc Mullian, Randy Walters, Norm Markem, Archy Robinson, and John Secamp, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 1 0 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 2 0 0 City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. Facts appertaining to the re -zone application: 4.1 The property is approximately 55.79 acres in size. The property is located to the north of I-84 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 4.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 4.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 4.4 The property is presently zoned by Ada County as General Retail and Service Commercial (C -G), and consists of undeveloped agricultural land. 4.5 The Applicant requested the property be zoned as Light Industrial (I -L). 4.6 The proposed site of the subject property is surrounded by residential, commercial, office and light industrial development . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 3 application: 4.7 The subject property is within the City limits of the City of Meridian. 4.8 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 4.9 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech manufacturing facility. 4.10 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 4.11 There are no significant or scenic features of major importance that affect the consideration of this application. 5. Facts appertaining to the annexation and zoning designation 5.1 The property is approximately .53 acres in size. The property is generally located to the north of I-84 and south FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 4 of the State of Idaho Department of Lav Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 5.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 5.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 5.4 The property is presently zoned by Ada County as Rural Transition (RT), and consists of undeveloped agricultural land. 5.5 The Applicant requests the property be zoned Light Industrial (I -L). 5.6 The City limits of the City of Meridian are adjacent and abut to the north, east and `vest of the subject property. 5.7 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 5.8 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 5 manufacturing facility. 5.9 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 5.10 There are no significant or scenic features of major importance that affect the consideration of this application. 6. The property owners who testified expressed concern over the ability of Locust Grove to handle additional traffic generated by the construction of the project and use thereafter. There was also concern by some with the view from their property of a parking lot, although the Applicant's proposed berm was well received as a buffer to neighboring properties of the project. 7. Gary Smith, City Engineer and Public Works Director, was concerned about the quality of the effluent to be discharged into the City's sewer system and requested that the development agreement include pretreatment requirements. 8. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 6 not impose expense upon the public if the following conditions of development are imposed: 8.1 Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 8.1.1 The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include !/, of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 8.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 8. 1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 8.1.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 8.1.5 The Applicant shall enter into a Development Agreement with the City, the content of which should be negotiated and determined between staff and the Applicant. Based upon preliminary review of the Jabil site plan and the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 7 0 0 landscaping, parking design, building location and other zoning issues, staff anticipate no significant design changes to land use. S. 1.6 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. Adopt the Nampa &. Meridian Irrigation District Requirements as follows: 8.1.7 The Developer must contact the Nampa &- Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. S. 1.8 A Land Use Change Cite Development Application must be filed for review prior to final platting. 8.1.9 All laterals and wasteways must be protected. 8.1.10A11 municipal surface drainage must be retained on site. 8.1.11If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 8.1.12The Developer must comply with Idaho Code § 31-3805. S.1.13It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. The Planning and Zoning Commission recommends: 8.1.14 The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. It is found that if the developer pays for the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (IABIL CIRCUIT, INC.) - 8 improvements and complies with the conditions set forth in these Findings of Fact No. 8, and all subparts, the economic welfare of the City and its residents and tax and rate pavers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 10. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity; in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 10.1 Any development agreement between the Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be T to 6' in height and 25' in addition to the canal easement. 10.2 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. 11. The development of the property as a (I -L) Light Industrial, as requested by the Applicant, will be compatible to the development in the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 9 area subject to the conditions of development herein found to be reasonable in relation to the requested zone (I -L) Light Industrial District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 12. There are no major or scenic features of major importance that affect the consideration of this application. 13. The proposed development and zoning request is consistent with the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 as follows: 13.1 Basis of the plan has six key community values and this project complies with the following listed values: 13. 1.1 Manage growth to achieve high-quality development. 13.1.2 Enhance Meridian's quality of life for all residents. 13.1.3 New growth should finance public service expansion. 13.1.4 Expand commercial and industrial development. 13.1.5 Protect Meridian's self-identity. 13.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: Based upon the City's aggressive Economic Development Partnership plus the recommended employment forecast, additional land for employment-related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Economic Development Goal Statement at Page 18 of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 10 0 developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and tvpe of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 1.12U Actively recruit low infrastructure impact industries to locate in Meridian. 13.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 11 i 0 goals and economic needs. 2. Policies: 2.1 U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 13.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1. GENERAL POLICIES 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 12 • 0 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 14. The area included in the zoning amendment is not intended to be rezoned in the future. 15. The area to the west of the subject property has continued to develop as a mixed commercial, office and other compatible uses to the subject development. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. IT The rezone of the subject property, and the basis upon which the Council finds that this application is in conformance with the Comprehensive Plan, is that the proposed development of the subject property is to construct and operate a high-tech manufacturing facility, and associated uses, include the recreational fields and landscaping, and the Council finds that any other use of the subject property shall require a conditional use permit to assure the compatibility of such development with the Comprehensive Plan and with the surrounding area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 13 • CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Basis of the plan has six key community values and this project complies with the following listed values: 4.1.1 Manage growth to achieve high-quality development. 4.1.2 Enhance Meridian's quality of life for all residents. 4.1.3 New growth should finance public service expansion. 4.1.4 Expand commercial and industrial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 14 4.1.5 Protect Meridian's self-identity. J 4.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: With the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. Economic Development Goal Statement at Page IS of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 15 b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 1.12U Actively recruit low infrastructure impact industries to locate in Meridian. 4.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 2. Policies: 2.1 U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 4.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1. GENERAL POLICIES I JU Encourage a balance of land uses to ensure that Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 16 0 remains a desirable, stable and self-sufficient communitv. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 5. The requested zoning of Light Industrial, (I -L) is defined in the Zoning Ordinance at 11-2-408B(14) as follows: 14. jI-L Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 17 0 • such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that small machinery and component parts, electronic equipment & products are permitted uses in the Industrial (I -L) zone. 7. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. follows: S. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 8.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 18 0 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. That § 11-2-416 I< GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 19 the proposed rezone area; 5. Will the proposed uses 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; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area 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 zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; S. 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; 9. Will the proposed uses 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; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 10. That at § 11-2-417 A and C it states in part as follows: 2-417 A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 20 Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. 11. That § 11-2-416 L it states in part as follows: 2-416 L DEVELOPMENT AGREEMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 21 • If property is rezoned, the City may require or permit, as a condition of the rezoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If the commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance rezoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of his parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. The City Council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments. 12. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 13. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 22 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the .53 acres and for the re -designation of the zoning of 55.79 acres for the real Property included in the application to (I -L) Light Industrial District. The (I -L) Light Industrial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 23 following conditions of development to -wit: 3.1 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 should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 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. 3.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 3.4 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. 3.5 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. Adopt the Nampa &. Meridian Irrigation District Requirements as follows: 3.6 The Developer must contact the Nampa &. Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 3.7 A Land Use Change Cite Development Application must be filed for review prior to final platting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 24 • • 3.8 All laterals and wasteways must be protected. 3.9 All municipal surface drainage must be retained on site. 3.10 If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 3.11 The Developer must comply with Idaho Code § 31-3805. 3.12 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 3.13 The Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 25 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 1999. ROLL CALL By action of the City Council at its regular meeting held on March 16, COUNCILMAN RON ANDERSON VOTED J COUNCILMAN GLENN BENTLEY VOTED_C" COUNCILMAN KEITH BIRD VOTED?Z,, COUNCILMAN CHARLIE ROUNTREE VOTED C MAYOR ROBERT CORRIE (TIE BREAI(ER) VOTED DATED: MOTION: APPROVED:4 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 26 Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated:— : BY City Clerk or- msg/ZAWork\N%NAeridian 15360M\Jabil Circuits\JabiIAZRZ.Fcs l�IV � SE L 1�1111ltt3) It W"\\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 27 s 0 interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED From: WmAPR 2 2 1999, 4 . F. Gigray, III City of Meridian Subject: JABIL CIRCUITS FF/CL File no. AZ -99-001 City Clerk Office Date: April 21, 1999 Will: I have added a new Finding of Fact no. 17 to the Findings as a result of the Council's action on the 6`h of April. Please secure the signatures and serve copies upon the Planning and Zoning Administrator, Public Works Director, and the Applicant, accordingly. Also, provide a copy as Exhibit "B" to the Development Agreement. A letter should be prepared to the Applicant resubmitting the Development Agreement, together with a copy to them, advising them that Exhibit "B" has been substituted because of the Council action on the 6th of April, which contains one additional Finding of Fact no. 17, which provides as follows: "The rezone of the subject property, and the basis upon which the Council finds that this application is in conformance with the Comprehensive Plan, is that the proposed development of the subject property is to construct and operate a high-tech manufacturing facility, and associated uses, include the recreational fields and landscaping, and the Council finds that any other use of the subject property shall require a conditional use permit to assure the compatibility of such development with the Comprehensive Plan and with the surrounding area". Ask them to please review, and if they are agreeable with the Findings to please initial Exhibit "B" and return the original Development Agreement to your office, and retain the conformed copy for their records. If you have any questions Will please contact me. mse/ZAWorlc\M\Merid ian 15360M\Jabil Circuits\C1erkLtrApr21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) File No. AZ- 99-001 FOR ANNEXATION OF .53 ACRES AND FINDINGS OF FACT AND REZONING OF 55.79 ACRES BY ) CONCLUSIONS OF LAW WILLIAM A. HON ) AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matters of annexation and zoning application of .53 acres and rezoning of 55.79 acres having come on for public hearing on March 16, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and written comment from the Public Works Director, Gary Smith, and Mr. Bill Andre' having appeared for the applicant, and appearing and testifying in opposition, or with concerns, were persons who reside in the vicinity, including Mr. Roger Osterhues, Robert R. Smith, Reese Mc Mullian, Randy Walters, Norm Markem, Archy Robinson, and John Secamp, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 1 0 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 2 0 0 City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. Facts appertaining to the re -zone application: 4.1 The property is approximately 55.79 acres in size. The property is located to the north of I-84 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 4.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 4.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 4.4 The property is presently zoned by Ada County as General Retail and Service Commercial (C -G), and consists of undeveloped agricultural land. 4.5 The Applicant requested the property be zoned as Light Industrial (I -L). 4.6 The proposed site of the subject property is surrounded by residential, commercial, office and light industrial development . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 3 application: 4.7 The subject property is within the City limits of the City of Meridian. 4.8 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 4.9 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech manufacturing facility. 4.10 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 4.11 There are no significant or scenic features of major importance that affect the consideration of this application. 5. Facts appertaining to the annexation and zoning designation 5.1 The property is approximately .53 acres in size. The property is generally located to the north of I-84 and south FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 4 0 0 of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 5.2 The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 5.3 Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 5.4 The property is presently zoned by Ada County as Rural Transition (RT), and consists of undeveloped agricultural land. 5.5 The Applicant requests the property be zoned Light Industrial (I -L). 5.6 The City limits of the City of Meridian are adjacent and abut to the north, east and west of the subject property. 5.7 The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 5.8 The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 5 0 manufacturing facility. 5.9 The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 5.10 There are no significant or scenic features of major importance that affect the consideration of this application. 6. The property owners who testified expressed concern over the ability of Locust Grove to handle additional traffic generated by the construction of the project and use thereafter. There was also concern by some with the view from their property of a parking lot, although the Applicant's proposed berm was well received as a buffer to neighboring properties of the project. 7. Gary Smith, City Engineer and Public Works Director, was concerned about the quality of the effluent to be discharged into the City's sewer system and requested that the development agreement include pretreatment requirements. 8. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 6 0 0 not impose expense upon the public if the following conditions of development are imposed: 8.1 Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 8.1.1 The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/3 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 8.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. S. 1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 8.1.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 8.1.5 The Applicant shall enter into a Development Agreement with the City, the content of which should be negotiated and determined between staff and the Applicant. Based upon preliminary review of the Jabil site plan and the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 7 0 0 landscaping, parking design, building location and other zoning issues, staff anticipate no significant design changes to land use. S. 1.6 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. Adopt the Nampa &. Meridian Irrigation District Requirements as follows: 8.1.7 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. S. 1.8 A Land Use Change Cite Development Application must be filed for review prior to final platting. 8.1.9 All laterals and wasteways must be protected. 8.1.10A11 municipal surface drainage must be retained on site. 8.1.11If any drainage leaves the site, the Nampa &- Meridian Irrigation District must review drainage plans. 8.1.12The Developer must comply with Idaho Code § 31-3805. 8.1.13It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. The Planning and Zoning Commission recommends: 8.1.14 The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. It is found that if the developer pays for the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 8 0 improvements and complies with the conditions set forth in these Findings of Fact No. 8, and all subparts, the economic welfare of the City and its residents and tax and rate pavers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 10. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity; in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 10.1 Any development agreement between the Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. 10.2 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. 11. The development of the property as a (I -L) Light Industrial, as requested by the Applicant, will be compatible to the development in the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 9 area subject to the conditions of development herein found to be reasonable in relation to the requested zone (I -L) Light Industrial District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 12. There are no major or scenic features of major importance that affect the consideration of this application. 13. The proposed development and zoning request is consistent with the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 as follows: 13.1 Basis of the plan has six key community values and this project complies with the following listed values: 13.1.1 Manage growth to achieve high-quality development. 13.1.2 Enhance Meridian's quality of life for all residents. 13.1.3 New growth should finance public service expansion. 13.1.4 Expand commercial and industrial development. 13.1.5 Protect Meridian's self-identity. 13.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: Based upon the City's aggressive Economic Development Partnership plus the recommended employment forecast, additional land for employment-related land uses will be required in the community. Community actions other than land use will also be required to meet the employment needs of the City. Economic Development Goal Statement at Page IS of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 10 developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 12U Actively recruit low infrastructure impact industries to locate in Meridian. 13.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 11 M 0 goals and economic needs. 2. Policies: 2.1 U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 13.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1. GENERAL POLICIES 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 12 0 • 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 14. The area included in the zoning amendment is not intended to be rezoned in the future. 15. The area to the west of the subject property has continued to develop as a mixed commercial, office and other compatible uses to the subject development. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. 17. The rezone of the subject property, and the basis upon which the Council finds that this application is in conformance with the Comprehensive Plan, is that the proposed development of the subject property is to construct and operate a high-tech manufacturing facility, and associated uses, include the recreational fields and landscaping, and the Council finds that any other use of the subject property shall require a conditional use permit to assure the compatibility of such development `with the Comprehensive Plan and with the surrounding area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 13 CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Basis of the plan has six key community values and this project complies with the following listed values: 4.1.1 Manage growth to achieve high-quality development. 4.1.2 Enhance Meridian's quality of life for all residents. 4.1.3 New growth should finance public service expansion. 4.1.4 Expand commercial and industrial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW. AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 14 4.1.5 Protect Meridian's self-identity. 4.2 Economic Development at Page 15 of the Comprehensive Plan: Forecast Needs: With the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. Economic Development Goal Statement at Page 18 of the Comprehensive Plan: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies: 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: a. Detail design studies to address development criteria, definition of adjoining uses compatibility, bulk and development intensity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 15 b. Economic feasibility studies to include analysis of economic development needs and problems, potentials for economic development, strategy for implementing economic development programs, development of an implementation strategy. C. Zoning changes to assure desired economic development. 1.12U Actively recruit low infrastructure impact industries to locate in Meridian. 4.3 Employment Goal Statement at Page 19 of the Comprehensive Plan: Meridian will achieve and support a business climate that will offer diverse employment opportunities to satisfy personal goals and economic needs. 7 PnliriPc- 2. I U Encourage and support a technology business park located near the Idaho Foreign Trade Zone. 2.2U Encourage and support job market expansion that provides for mid -and upper -range wage scale and benefits. 2.3U Take necessary actions to maintain low unemployment. 4.4 Land Use at Page 21 of the Comprehensive Plan: Industrial land uses, including warehousing, general manufacturing, railroad, and industrial business parks, constitute the majority of uses in this category. Land Use Goal Statement at Page 22 of the Comprehensive Plan: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 1. GENERAL POLICIES 1.5U Encourage a balance of land uses to ensure that Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 16 41b t remains a desirable, stable and self-sufficient community. 3. INDUSTRIAL POLICIES 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.6 Industrial areas should be located within proximity to major utility, transportation and service facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 5. The requested zoning of Light Industrial, (I -L) is defined in the Zoning Ordinance at 11-2-408B(14) as follows: 14. (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 17 0 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 19 a • the proposed rezone area; S. Will the proposed uses 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; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area 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 zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. 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; 9. Will the proposed uses 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; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 10. That at § 11-2-417 A and C it states in part as follows: 2-417 A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 20 Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. 11. That § 11-2-416 L it states in part as follows: 2-416 L DEVELOPMENT AGREEMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 21 0 • If property is rezoned, the City may require or permit, as a condition of the rezoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If the commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance rezoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of his parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. The City Council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments. 12. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 13. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 22 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the .53 acres and for the re -designation of the zoning of 55.79 acres for the real Property included in the application to (I -L) Light Industrial District. The (I -L) Light Industrial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 23 following conditions of development to -wit: 3.1 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 should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 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. 3.3 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 3.4 That the Applicant provide all the needed information required by the Meridian Wastewater Department, and that the Developer comply with all pretreatment requirements of the City's ordinance in order to discharge into its system. 3.5 That the Applicant require all contractors to minimize, as is reasonably possible, the use of Locust Grove street as an access to the site and to instruct all drivers to observe the speed laws, and the Applicant is to work with ACHD on appropriate maintenance of said road required by the roads usage for access for construction of the development. Adopt the Nampa SL Meridian Irrigation District Requirements as follows: 3.6 The Developer must contact the Nampa SL Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 3.7 A Land Use Change Cite Development Application must be filed for review prior to final platting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 24 0 0 3.8 All laterals and wasteways must be protected. 3.9 All municipal surface drainage must be retained on site. 3.10 If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 3.11 The Developer must comply with Idaho Code § 31-3805. 3.12 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 3.13 The Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 25 NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on March 16, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED r J COUNCILMAN GLENN BENTLEY VOTED C COUNCILMAN KEITH BIRD VOTED?Z,, COUNCILMAN CHARLIE ROUNTREE VOTED G MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 26 i • Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. c By: Dated: City Clerk msg/Z:\Worlc\M\Meridian 15360M\Jabil Circuits\JabiIAZRZ.Fcs It Fl irr►r,/, of ! 4 '4" t S� L = 4411rrrrzi nttttt��� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ANNEXATION AND REZONE WILLIAM A. HON (JABIL CIRCUIT, INC.) - 27 amu" COUNITY RECCROER CI Pg� VI I�J, N 8 ORDINANCE NO. 819 RECO ,,EO-REQUCES; Or 6pJs 99034350 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR RE -ZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT TO I -L (LIGHT INDUSTRIAL) AS DEFINED UNDER § 11-2-408B(14) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID RE -ZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from C -G (General Retail and Service Commercial) District to I -L (Light Industrial) District as defined under §11-2-408B(14) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for re -zone; and JABIL CIRCUIT, INC. - HON RE -ZONE ORDINANCE - 1 3. The real property which is the subject of this ordinance is legally described as: A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T. 3N., R. IE., thence S 00°27'58" W. 386.08 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description; Thence continuing S 00°27'58" W 939.34 feet along the west line of the SE 1/4 to the northwest corner of the SW 1/4 of the SE 1/4; Thence N 89'38'18" E 1325.29 feet along the north line of the SW 1/4 of the SE 1/4 to the northeast corner of the SW 1/4 of the SE 1/4; Thence S 00°29'41" W 49.74 feet along the east boundary of the SW 1/4 of the SE 1/4 to a point on the north right of way of Interstate 84; Thence S 89'33'18" E 214.01 feet along the north right of way of Interstate 84 to a point; Thence N 84°33'33" E 200.89 feet along the north right of way of Interstate 84 to a point; Thence S 89°32'33" E 911.28 feet along the north right of way of Interstate 84 to a point on the east line of said SE 1/4, said east line being the centerline of South Locust Grove Road; Thence N 00°31'12" E 2 64. 80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52044'13" W 26.00 feet along the centerline of the Hunter Lateral to a point; Thence N 42'26'19" W 88.60 feet continuing along the centerline of the Hunter Lateral to a point; JABIL CIRCUIT, INC. RE -ZONE ORDINANCE - 2 Thence N 35°10'55" W 277.80 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 32'26'13" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23'44'13" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 89°11'28" E 413.65 feet to a point on said east line of the SE 1/4; Thence N 00°31' 12" E 50.01 feet along said east line to a point; Thence S 89°11'28" W 435.96 feet to a point on the centerline of the Hunter Lateral; Thence N 23'44'13" W 100.50 feet along the centerline of the Hunter Lateral to a point; Leaving the centerline of the Hunter Lateral, thence S 89°39'33" W 2116.27 feet to a point; Thence S 00°20'27" E 54.54 feet to a point on a curve; Thence along a curve to the right 66.01 feet, said curve having a radius of 95.00 feet, tangents of 34.40, central angel of 39'48'41", and a long chord bearing N 64°48'36" W 64.69 feet to the Real Point of Beginning of this description. This parcel contains 55.79 acres, more or less. SECTION 2. That the above-described real Property be, and the same is hereby re -zoned and designed (I -L) Light Industrial District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use JABIL CIRCUIT, INC. RE -ZONE ORDINANCE - 3 zones in accordance with this ordinance. SECTION 4. The re -zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the (p_ day of 1999. SECTION S. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this U'day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6 "day of , 1999. mall ZRA City Clerk msg/Z:\Work\M\Meridian 15360M\Jabil JABIL CIRCUIT, INC. RE -ZONE ORDINANCE - 4 Tor7(e tleopfe (f Idaho Ak '4...if. STATE TAX COMMISSION SIH) Park Blvd., Plaza IV • Boise. ID 83722 May 12, 1999 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Subject: Ordinance Nos. 813 and 819 Dear William G. Berg, Jr.: MAY ? 4 1999 CITY OF NIFRIDLAX The Idaho State Tax Commission has reviewed and acknowledged the following action(s): Ordinance Nos. 813 and 819 The above referenced ordinances are re -zoning ordinances only and do not affect any taxing districts Therefore, these ordinances will not appear on the year 2000 tax code area maps. Sincerely eff Se atius Sr. GIS Systems Analyst Technical Support Bureau CC: County Assessor County Clerk Equal Opportunity Emplover Hearing Impaired Callers TDD 1-800-377-3529 0 0 MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 48 Bird: I just—when you make the motion do you have to note that or... Gigray: I'm just doing it and I can do it since I'm the counsel for the council and mayor and directed to prepare this and I'm just drawing it to your attention that it was included in there because conditional use permits have to be in compliance with your Comprehensive Plan. Bentley: Mr. Mayor, I would move that we approve the Findings of Fact and Conclusions of Law for the conditional use permit for Robin Walker and the Order of Decision of denial. Bird: Second. Corrie: Motion made and second to approve the Findings of Fact and Conclusions of Law and the decision of denial. (END OF TAPE) ROLL CALL: Councilman Bird- yea, Anderson -yea, Rountree -yea, Bentley -yea. MOTION CARRIED: All ayes. Rountree: Mr. Mayor, I guess for expediency I would suggest we open up the next four items all at once and then for discussion and consideration so we can move forward, 18-21. Bird: 18-21, 1 don't have any problem with it. ITEM NO. 18: FINDINGS OF FACT & CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES TO I -L BY WILLIAM A. HON (JABIL) – NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE RD: ITEM NO. 19: DEVELOPMENT AGREEMENT FOR WILLIAM A. HON (JABIL): ITEM NO. 20: ORDINANCE #818—ANNEXATION FOR WILLIAM A. HON (JABIL): ITEM NO. 21: ORDINANCE #819—REZONE FOR WILLIAM A. HON (JABIL): Corrie: Point of order Mr. Attorney, do we need to read the ordinances by their title only? Gigray: Yes, you can do that. • 0 MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 49 Rountree: Mr. Mayor, I've gotten a verbal cue here from the city clerk that the ordinance numbers may need to be changed. Corrie: Mr. Clerk, if you will read the ordinances and then put the proper numbers on them and then read them by title only. How's that one? Berg: Thank you Mr. Mayor, because you tabled some previous ordinances on this agenda, we want to keep them following the sequence, so Ordinance #820 on your agenda will be #818, an ordinance finding that certain land lies contiguous and adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the council and that said land be annexed to the City of Meridian and zoning designated light industrial (I -L) and declaring that the said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city attorney to add set property to official maps of the City of Meridian, Idaho and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder/Auditor/Treasurer/Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code section 50-223 and section 63-2215, be it ordained by the mayor and council of the City of Meridian, County of Ada, State of Idaho. Corrie: You have heard the reading of the Ordinance #818 by title only, is there anyone from the public who would like to have Ordinance #818 read in it's entirety? Hearing none. Ordinance #821, 1 guess it would be #819 now. Stiles: Mr. Mayor, I just had a question about this development agreement, I wanted to be assured that we are protected that there is not going to be asphalt and concrete plants developed there. I think my recommendation was that they work together with me to insure that some of the permitted uses in that light industrial zone were not ever going to be permitted in that zone, but just to protect the—does the way this read Bill, is that they can only develop it as they have already presented and represented to the City Council, or will they be able to sell it off to somebody else that can develop it in any manor that they want to as long as it's within the light industrial zone? Gigray: Excuse me just a minute. I believe this development agreement was drafted in accordance with the recommendations that were submitted at the time of the hearing and as it does state here, it would be in compliance with the zoning ordinance so I don't know if it is tight enough to answer your question. Stiles: but they have already signed this applic—this development agreement? I was working with Becky Bowcutt, I didn't know that they had already signed it. That was my 0 • MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 50 main concern is that we would have a problem like we had in a similar situation at Ten Mile—at Overland and Linder where they represented one project and then turned it into a gravel pit. There is so many different provisions in this, I didn't know if we were protected at all from that. Gigray: Yeah, there were some—Mayor and members of the council, I included some conditions particularly there was a lot of concern regarding Locust Grove and access to the site and we provided in 5.6 the access to the site, instruct all drivers to observe speed laws and the applicant is to work with ACHD on appropriate maintenance of said road required by the road usage and access for construction because there was a lot of focus in the public hearing on that particular aspect and then there was focus on the public hearing with regards—I believe there were some concern by neighbors of the view of the parking lot, but they were satisfied with the berming that was going to be provided and it's—the uses are specified in accordance with the city's zone is the way it's written. Stiles: (Inaudible) biggest problem I have with that. I'm sorry, I didn't realize that they had already signed it because I was talking with Becky Bowcutt and she was aware of my concern that it didn't seem to preclude any of the more nasty permitted uses in that zone. Solid Waste Transfer Stations, asphalt, concrete, but with the length of this document I wasn't sure if somewhere contained in there it meant that they could only develop it as it had been represented to the city but apparently it doesn't give us that. Berg: Mr. Mayor and members of council, this is a very much of a concern that I have just with the process itself. If Shari needs to look at the development agreement before it gets passed on to the developer to sign, maybe we should incorporate that little twist in there. I know that she looks for certain things rather than what I look for and maybe rather than what our city attorney looks for. I'm just concerned that we would get it to the developer and have him sign it and we think it's just okay and I just want to make sure that everything is in proper order or that the concerns are justified before we sign the agreement. Thank you.' Gigray: Mr. Mayor and members of the council, one of the things that I hope we are going to be able to eventually get to is a situation wherein we can focus in these public hearings upon the recommendations the Planning and Zoning Commission and if those need to be changed in such a way we have that articulated so that we know and you can make a motion at that point including whatever conditions you want to have in it. Otherwise, I have to wait till there is an entire transcript prepared of this, we have to produce these development agreements and get them to the clerks office so they are out in time for signature in preparation for the following meeting. I think it puts a strain on probably the entire staff, because by the time Shari has an opportunity to read it or anybody else then if there is additional comment that is going to come in, do we reopen the public hearing and I'm trying to guard the process so that we don't have situations 0 s MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 51 where we have input coming in outside of the public hearing. That doesn't mean that her review would be inappropriate, I don't mean to say that. We will do whatever you want to do and the processing of these things. My hope is that at some point if we can focus on written recommendations then we can have written proposals with regards to how those are, then we know what we are talking about always and we have those down and we include them, but in terms of the question that was asked here, it says what it says. It's pretty clear that it talks about what is allowed in the zone. Bird: It probably wasn't in the facts and conclusion of law. The development agreement is usually written—excuse me Mr. Mayor, I've got a question to ask now. When we okay and get ready to go to a development agreement all those objections and stuff have been done and that's when it should be raised is then, so that it is clear what is going in. If we want to change something that is in the zoning, we ought to be doing it in our staff comments which most of the time we do and the attorneys draft that to reflect in the development agreement, am I not right? Gigray: You are correct. Bird: So I just think it's something that we need to make sure we get it in the staff comments and in our motion on the Findings of Fact and Conclusions of Law. I'm like Mr. Gigray, I mean in two weeks to get this drawn up, get it signed, and get it back here to us is pushing it if we have to have three or four different people look it over. Stiles: My comment is incorporated in the development agreement, but it says the applicant shall enter into a development agreement with the city, the content of which should be negotiated and determined between staff and the applicant. That was my intent on making that comment, was that we could agree to what their proposed uses were for that property so that it didn't hinder them unnecessarily if they want to put a restaurant or other things, but also if something happened to the chip industry and they decided they had to just off load it, we wouldn't get stuck with something that was very unsightly there. Bird: I see where you are going like an asphalt plant or something like that down there, I agree with you, with the existing zoning they could probably do that. Wouldn't it—they wouldn't have to come in for a conditional use permit would they? Stiles: No. Bird: You've got a real problem—you've got a good point there. Gigray: Well I mean, if you don't want to approve the development agreement then you don't approve it. 0 0 MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 52 Bird: How do you do that? You've already sent it out for them to sign and they have signed it, they have agreed to it. Rountree: We haven't. Bird: We haven't, but we have instructed, we have made it our point now to have our council draw it up. We passed it with the specifics of the Findings of Fact and Conclusions of Law. Rountree: We didn't pass it and pass it on to them, we passed it what was prepared and sent to them, they signed it and it's been brought back to us to agree with. Bird: Yeah, but our people took off of what we passed on conclusion of law and going through all the process, that's how he wrote the development agreement which we passed. Bentley: No, we haven't passed it. Bird: We haven't passed the development agreement but we've passed the point of getting to the development agreement. Rountree: Yeah. Bird: I would not vote to change the development agreement after we are the ones that sent it out to them. Rountree: You could stipulate that condition in the Findings of Fact and Conclusions of Law as it relates to the annexation, could you not? Could we modify that this evening and include that in there and protect ourselves? (Inaudible) Corrie: Could you answer that? Can we do that in the Findings of Facts? Gigray: The advantage of the development agreement is that it's the one that has the hold on the zoning itself. We—I mean the one hold you have is if they develop the site as proposed, they are going to have a considerable (Inaudible) in there and it would be a very costly mistake if they used it for some other purpose. You may want to move on—do you have any other items and I can look back through here to see what happens and I can come back to this. Bird: Did you answer Charlie's? MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 53 Rountree: Mr. Mayor my question for counsel is could we not put a paragraph in the Findings of Fact and Conclusions of Law and Order of Decision that would cover that since the development agreement incorporates Findings of Fact? Or if that's not possible, could we not modify the ordinance, the annexation ordinance to stipulate that any other use other than that that is being proposed would be subject to further negotiation with the city. Bird: If you go back to the... Gigray: Kind of like a conditional zone. I don't know if our ordinance allows us to do that. We could do it in the findings. You could put it in the findings, that you can do all day long. Corrie: Is that sufficient protection? Gigray: It's more than nothing. Bird: Do we have to open up the public to change the findings? Gigray: No, you are still in deliberation until you sign these. Corrie: (Inaudible). Bentley: Let's just go back and take them one at a time, start with the findings and he can look up what he needs to look up. Corrie: Okay then you want to go to 18 and just go right down the line and we still have to read Ordinance #819. Bird: I think so. Corrie: I'll entertain a motion on the Findings of Fact and Conclusions of Law with the amendments that you want to put on that one. (Inaudible) Rountree: I move that we approve the Findings of Fact and Conclusions of Law for the William A. Hon property with the addition in the Findings of Fact and Conclusions that we enumerate—that we are only approving the requested industrial use that any other use that would be proposed for this site either by the current owner or future owners would be subject to negotiation with the city of Meridian. Bird: Second. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 54 Rountree: Did that help? Corrie: This one you handed to me Will, that's going to have to have the amendments—you're going to do that on—you've got it on that one? Okay, the motion is to approve the Findings of Fact and Conclusions of Law with the amendments as stated by Councilman Rountree, any further discussion? ROLL CALL: Bird -yea, Anderson -yea, Rountree -yea, Bentley -yea. MOTION CARRIED: All ayes. Corrie: Ordinance #818 was read by title only of annexation for the William A. Hon, excuse me I'm back to the development agreement. Is he still working on that one, we can skip that one and come back to it. Gigray: You just go through all the other parts... Rountree: We just took care of it. Corrie: Then we are on item no. 19. Development agreement for William A. Hon. Rountree: Mr. Mayor, I move that we approve the development agreement with William A. Hon authorize the mayor to sign and the clerk to attest and that on exhibit B which is not yet completed the condition that was just added to the Findings of Fact and Conclusions of Law certainly be included in exhibit B. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve the development agreement for William A. Hon and Jabil with the exhibit B to be approve as directed. Any further discussion? Hearing none, all those in favor of the motion as mentioned, say aye. MOTION CARRIED: All ayes. Corrie: Ordinance #818 was read and we need to have the ordinance motion. Bentley: Mr. Mayor, I move we approve Ordinance #818 with suspension of rules. Bird: Second. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 55 Corrie: Motion made and seconded that we approve Ordinance #818 with the suspension of rules. ROLL CALL: Bird -yea, Bentley -yea, Rountree -yea, Anderson -yea. MOTION CARRIED: All aye. Gigray: Excuse me Mr. Mayor and members of the council, trying to get back to Councilman Rountree, I'll tie your amendment to the finding to finding 4.9 because that does reference that the applicant proposes to develop the subject property in the following manner construct and operate a high tech manufacturing facility that is in these findings and I'll just tie it back to the... Corrie: Ordinance #821, Mr. Clerk would you read the ordinance by title only please, #819, sorry. Berg: #821 has changed to #819 an ordinance finding that the owner of the certain real property has made a written request for rezone of the zoning classification for real property that lies within the boundary of the City of Meridian from C -G, general retail and service commercial zoning district to I -L, light industrial as defined under 11-2- 4081314 of the municipal code of the City of Meridian repealing all ordinances, resolutions, orders or parts there of in conflict herewith and directing the city engineer to add said rezoning designation to official maps of the City of Meridian, Idaho. Bentley: Mr. Mayor, I move that we approve Ordinance #819 with suspension of rules. Bird: Second. Corrie: Motion made and seconded that we approve Ordinance #819 with suspension of rules. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: I assume there was nobody from the public who wanted to hear the whole thing read. All right. ITEM NO. 22: FINAL PLAT FOR OLIASON PARK SUBDIVISION BY TONY HICKEY — 603 E. PINE: Bentley: Mr. Mayor, question for Shari. You received a response on your site specific, are the responses appropriate? Stiles: Yes we did. Office of the City Attorney 0 ! To: Will Berg, City Clerk ` From: Bill Gigray, City Attorney Re: Jabil Circuit Inc. Date: March 9, 1999 200 E. Carlton Ave. Suite 31 PC Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com P,Fc]E'vED MAR 1 1 1999 CITY OF MERIDIAN Enclosure: Original Limited Power of Attorney of Jabil Circuit Inc. designating Bill Andre to execute and file applications relatin to the design, construction and operation of their proposed facility. Advise/information- Please note this is not authority to sign a development agreement if one is required for the re -zone. Request: The enclosure should be kept in the development file of this applicant. 0 • LIMITED POWER OF ATTORNEY This Statement confirms that the undersigned, Robert L. Paver, Corporate Secretary and General Counsel of Jabil Circuit Inc. ("Company"), has authorized and designated Bill Andre ("Authorized Signer") to execute and file on the Company's behalf any and all applications or documents that the Company may be required to file with the City of Meridian, Idaho relating to the design, construction and operation of a manufacturing facility of the Company in the City of Meridian, Idaho. The authority of the Authorized Signer under this Confirming Statement shall continue until such time as the Company is no longer required to file such documents and in any event until such time as a certificate of occupancy is issued for said facility. Ig Date: 2 By: -- Robert L. Paver As: Corporate Secretary and General Counsel Jabil Circuit Inc. ** TX CONFIRMANIN REPORT ** DATE TIME TO/FROM 02 04/02 09:13 PUBLIC WORKS AS OF APR 02 '99 09:13 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDF STATUS OF --S 00'11" 001 220 OK MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 APPLICANT: WILLIAM A. HON IJABIL) AGENDA ITEM NUMBER: REQUEST: ANNEXATION AND ZONING 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: COMMENTS SEE ATTACHED ORDINANCE RECEIVED APR 0 2 1999 City of Meridian City Clerk Office jir,yk--,., Dr Qri.cc c– F - — ADA COUNTY HIGHWAY DISTRICT: r" ' na�� * �o�u ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: C �l� (, OR 0, SETTLERS IRRIGATION: IDAHO POWER: U1 4 Lc US WEST: n INTERMOUNTAIN GAS: kev-�01, �( BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian • • WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. RossMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com March 30, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 ,PLEASE REPLY TO MERIDIAN OFFICE RECEIVED MAR 3 0 1999 CitY 0f,Mpridian City Clerk Office Re: JABIL CIRCUIT, INC. REQUEST - ANNEXATION AND ZONING Dear Will: Regarding the above referenced matter, please find enclosed a copy of the ANNEXATION AND ZONING ORDINANCE, RE -ZONE ORDINANCE and the EXHIBIT "A" for the Development Agreement. The Development Agreement and the Findings were delivered to your office on March 23, 1999, so you should have possession of those documents. If you have any questions, please give me a call. Very truly yours, DICTATED DY ATTORNEY AND SENT V�17t'-IOUT SIGNATURE IN HIS ABSENCE TO AVOID DELAY Wm. F. Gigray, III msg/Z:\Work\M\Meridian 15360NWabil Circuits\Cler1cLtrMarch30 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.cOm March 23, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REGET\TED MAR 2 4 1999 CITY OF MERIDIAN Re: JABIL CIRCUIT, INC. REZONE AND ANNEXATION AND RE -ZONING REQUEST - JABIL CIRCUIT, INC. — DEVELOPMENT AGREEMENT Dear Will: Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING for approval and signature by the Mayor and Council after approval. Please serve a copy of the FINDINGS, along with the Notice of Final Action, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works. Also, you will find enclosed the Development Agreement. This Agreement should be held pending Council action on the Findings and Order of Decision. The Exhibit "A" which is the legal description will need to be added when the appropriate descriptions have been obtained, and Exhibit "B", is the Findings which will need to be attached after the Findings have been approved and executed by the Council, Mayor and yourself. If you have any questions, please give me a call. Very truly yours i In. F. Gigr , II 9 interoffice MEMORANDUM L '9' 9 To: Mayor Robert D. Corrie and CouncilZ6 P-th cc: Gary Smith From: Wm. F. Gigray, III Subject: JABIL CIRCUIT, INC. REZONE AND ANNEXATION AND ZONING ORDINANCES File no. AZ -99-001 Date: March 23, 1999 Mayor and Council: Enclosure: N/A Information: The appropriate legals for the annexation and zoning and the re -zoning need to be obtained in order to prepare the ordinances. Requested Action: Please take notice that the ordinances for Jabil Circuit, Inc. cannot be prepared as of this date due to the fact the legal within our file is for a total acreage of 55.953 acres. We are waiting for the legals for the .53 acres pertaining to the annexation and zoning, and the 55.79 acres for the re -zone. ** TX CONFIRAN REPORT ** DATE TIME TO/FROM 05 03/24 10:16 PUBLIC WORKS AS OF MAR 24 *10:16 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'11" 001 086 OK interoffice MEMORANDUM XT To: Mayor Robcrt D. Corrie and Council�Olc� cc: Gary Smith From: Wm. F. Gigray, III Subject: JABIL CIRCUIT, INC. REZONE AND ANNEXATION AND ZONING ORDINANCES File no. AZ -99-001 Date: March 23, 1999 Mayor and Council: Enclosure: N/A information: The appropriate legals for the annexation and zoning and the re -zoning need to be obtained in order to prepare the ordinances. ;Requested Action: Please take notice that the ordinances for rabil Circuit, Inc. cannot be prepared as of this date due to the fact the legal within our file is for a total acreage of 55.953 acres. We are waiting for the legals for the .53 acres pertaining to the annexation and zoning, and the 55.79 acres for the re -zone. 0 • DESCRIPTION FOR REZONE 55.79 AC. JABIL CIRCUIT PARCEL March 25, 1999 A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00027'58" W 386.08 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description; Thence continuing S 00°27'58" W 939.34 feet along the west line of the SE 1/4 to the northwest corner of the SW'/4 of the SE Y41 Thence N 891138'18" E 1325.29 feet along the north line of the SW '/4 of the SE '/ to the northeast corner of the SW % of the SE '/4; Thence S 00°29'41" W 49.74 feet along the east boundary of the SW '/4 of the SE '/4 to a point on the north right of way of Interstate 84, Thence S 89°33'18" E 214.01 feet along the north right of way of Interstate 84 to a point; Thence N 84033'33" E 200.89 feet along the north right of way of Interstate 84 to a point; Thence S 89032'33" E 911.28 feet along the north right of way of Interstate 84 to a point on the east line of said SE 1/4, said east line being the centerline of South Locust Grove Road; Thence N 00031'12" E 264.80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52044'13" W 26.00 feet along the centerline of the Hunter Lateral to a point; Thence N 42026'19" W 88.60 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 351110'55" W 277.80 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 32026'13" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23044'13" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; 980705Vezone-des.doc MAR 26 '99 1133 PAGE . 02 Thence N 891111'28" E 413.65 feet to a point on said east line of the SE 1/4; Thence N 00031'12" E 50.01 feet along said east line to a point; Thence S 89°11'28" W 435.96 feet to a point on the centerline of the Hunter Lateral; Thence N 23044'13" W 100.50 feet along the centerline of the Hunter Lateral to a point; Leaving the centerline of the Hunter Lateral, thence S 89°39'33" W 2116.27 feet to a point; Thence S 00°20'27" E 54.54 feet to a point on a curve; Thence along a curve to the right 66.01 feet, said curve having a radius of 95.00 feet, tangents of 34.40 feet, central angle of 39°48'41 ", and a long chord bearing N 64048'36" W 64.69 feet to the Real Point of Beginning of this description. This parcel contains 55.79 acres, more or less. LAN,6 Michael E. Marks, No. 4998 lz�� BL E. 980705Vezone-des.doc MAR 26 '99 11:33 2 PAGE. 03 9 • DESCRIPTION FOR ANNEXATION & REZONE JABIL CIRCUIT PARCEL (PLUS PORTION 1-84 R.O.W.) March 26, 1999 A parcel of land lying in the SE 114 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00°27'58" W 1325.36 feet along the west line of the SE 114 of above said Section 18 to the northwest corner of the SW Y. of the SE'/4 of said Section 18; thence N 89038'18" E 860.84 feet along the north line of the SW 114 of the SE '/4 of said Section 18 to the Real Point of Beginning of this description,- Thence escription; Thence continuing N 89038'18 E 464.45 feet along the north line of the SW 1/4 of the SE '1/4 of said Section 18 to the northeast comer of the SW % of the SE'/4 of said Section 18; Thence S 00°29'41" W 49.74 feet along the east boundary of said SW '/. of the SE '/d of said Section 18 to a point on the north right-of-way of Interstate 84; Thence S 00026'42" W 100.00 feet along the east boundary of said SW % of the SE '/4 of said Section 18 to a point on the centerline of the Interstate 84 right-of-way; Thence N 89033'18" W 440.26 feet along the centerline of the Interstate 84 right-of-way to a point; Thence N 00°26'42" E 100.00 feet to a point on the north right-of-way of Interstate 84,- Thence 4:Thence N 28043'02" W 49.47 feet to the Real Point of Beginning of this description. This parcel contains 1.49 acres, more or less. M Michael E. Marks, No. 4998 /Is/121C.�,).."YI j AS 980705\a n n ex-des.doc MAR 2G '99 1133 1 TOTAL P.04 PAGE.04 U 0 i nteroff ice MEMORANDUM Q���o '9S To: Mayor Robert D. Come and Council off, cc: Gary Smith From: Wm. F. Gigray, III Subject: JABIL CIRCUIT, INC. REZONE AND ANNEXATION AND ZONING ORDINANCES File no. AZ -99-001 Date: March 23, 1999 Mayor and Council: Enclosure: N/A Information: The appropriate legals for the annexation and zoning and the re -zoning need to be obtained in order to prepare the ordinances. Requested Action: Please take notice that the ordinances for Jabil Circuit, Inc. cannot be prepared as of this date due to the fact the legal within our file is for a total acreage of 55.953 acres. We are waiting for the legals for the .53 acres pertaining to the annexation and zoning, and the 55.79 acres for the re -zone. a- FROM TO 0 0 DESCRIPTION FOR REZONE 55.79 AC. JABIL CIRCUIT PARCEL March 25, 1999 A parcel of land lying in the SE 114 of Section 18, Township 3 North, F Meridian, Ada County, Idaho, more particularly described as follows.- Commencing ollows: 8874813 F.02 Commencing at the center of Section 18, T.3N., R.1 E., thence S 00127'58" W 386.08 feet along the west line of the SE 1/4 of above said Section 18 to the Real Point of Beginning of this description,- Thence escription; Thence continuing S 00027'58" W 939.34 feet along the west line of the SE Y, to the northwest corner of the SW % of the SE %a; Thence N 891138'18" E 1325.29 feet along the north line of the SW Y. of the SE '/ to the northeast corner of the SW % of the SE '/a; Thence S 00°29'41" W 49.74 feet along the east boundary of the ESW %4 of the SE % to a point on the north right of way of Interstate 84; Thence S 89033'18" E 214.01 feet along the north right of way of Interstate 84 to a point; Thence N 8403333" E 200.89 feet along the north right of way of Interstate 84 to a point; Thence S 89°3233" E 911.28 feet along the north right of way of Interstate 84 to a point on the east line of said SE 114, said east line being the centerline of South Locust Grove Road; Thence N 00°31'12" E 264.80 feet along said east line to a point on the centerline of Hunter Lateral; Thence N 52044'13" W 26.00 feet along the centerline of the Hunter Lateral to a point; Thence N 42026'19" W 88.60 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 351110'55" W 277.80 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 32°26113" W 227.50 feet continuing along the centerline of the Hunter Lateral to a point; Thence N 23044113" W 113.07 feet continuing along the centerline of the Hunter Lateral to a point; 980705\rezone-des.doc 1 MAR 26 '99 11:33 PAGE. 02 MAR -26-1999 12:27 FROM 0 TO • Thence N 89°11'28" E 413.65 feet to a point on said east line of the SE 114; Thence N 0013112" E 50.01 feet along said east line to a point; 8874813 P.03 Thence S 8901128" W 435.96 feet to a point on the centerline of the Hunter Lateral; Thence N 231144'13" W 100.50 feet along the centerline of the Hunter Lateral to a point; Leaving the centerline of the Hunter Lateral, thence S 89039'33" IN 2116.27 feet to a point; Thence S 00°20'27" E 54.54 feet to a point on a curve; Thence along a curve to the right 66.01 feet, said curve having a radius of 95.00 feet, tangents of 34.40 feet, central angle of 39°48'41", and a long chord bearing N 64°48'36" W 64.69 feet to the Real Point of Beginning of this description. This parcel contains 55.79 acres, more or less. Michael E. Marks, No. 4998 9807051rezone-des.doc MAR 26 '99 1133 C: ' "i'1" �` 1 �o OF EE E. 2 PAGE. 03 MRR-26-1999 12:27 FROM TO it 0 DESCRIPTION FOR ANNEXATION & REZONE JABIL CIRCUIT PARCEL (PLUS PORTION 1-84 R-O.W.) March 26, 1999 A parcel of land lying in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center of Section 18, T.3N., R.1 E., thence S 00027'58" W 1325.36 feet along the west line of the SE 1/4 of above said Section 18 to the northwest corner of the SW '/'t of the SE'/4 of said Section 18; thence N 89038'18" E 860.84 feet along the north line of the SW 1/4 of the SE '/a of said Section 18 to the Real Point of Beginning of this description; Thence continuing N 89'38'18 E 464.45 feet along the north line of the SW 1/4 of the SE % of said Section 18 to the northeast comer of the SW % of the SE'/4 of said Section 18; Thence S 00029'41" W 49.74 feet along the east boundary of said SW '/4 of the SE '/d of said Section 18 to a point on the north right-of-way of Interstate 84; Thence S 00026'42" W 100.00 feet along the east boundary of said SW'/4 of the SE '/4 of said Section 18 to a point on the centerline of the Interstate 84 right-of-way; Thence N 89033'18" W 440.26 feet along the centerline of the Interstate 84 right-of-way to a point; Thence N 00026'42" E 100.00 feet to a point on the north right-of-way of Interstate 84; Thence N 28°43'02" W 49.47 feet to the Real Point of Beginning of this description. This parcel contains 1.49 acres, more or less. Michael E. Marks, No. 4998 1<%1F8L E-�' 980705\an n ex-des.doc MAR 26 '99 11:33 1 TOTAL P.04 PAGE.04 MAR -26-1999 12:26 FROM TO 0 IN R 0 C CBRIGGS ENGINEERS PLANNERS SURVEYORS 4FACSIMILE TRANSMITTAL TO W�GL 2s' FROM COMPANY �?y7-r 4K 111oM4 FAX NO. DATE N0. OF PAGES SENT (Including Transmittol) REFERENCE REMARKS REPLY REQUESTED COPY BRIGGS ENGINEERING, INC. 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 FAX (208) -45-2950 * TEL (208) 344-9700 (BEI) PROJECT NO. 1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208),344-9700 FAX (208)345-295( MAR 26 '99 11:32 PAGE.01 0 MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 APPLICANT: WILLIAM A. HON (JABIL) AGENDA ITEM NUMBER: 19B REQUEST: REQUEST FOR WAIVER FROM SUBDIVISION AND DEVELOPMENT ORDINANCE TITLE 9 CHAPTER 600 SECTION 9-605M AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED LETTER FROM JABIL CIRCUIT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 February 17, 1999 City of Meridian Mayor & Council Attn: City Clerk 33 E. Idaho Avenue Meridian, ID 83642 10 Re: Jabil Circuit Plant — Request for Waiver from Subdivisions and Development Ordinance Title 9 Chapter 600 Section 9-605M Honorable Mayor & City Council: Jabal CIRCUIT j3,l�c�;rvED FEB 2 3 1999 CITY OF iVIERIDIAN PLANNING & ZONING Your Planning and Public Works staff has informed us that the Hunter Lateral and Nine - Mile Drain lying adjacent to our subject development is required to "be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal" in accordance with the subject section of your Ordinance. (The Hunter Lateral abuts + 900' of our east property line and the recently relocated Nine Mile Drain abuts + 1,700' of our west and south property line.) That Ord Section also indicates, "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." In light of the facts that the Nine -Mile Drain was recently relocated without being required to be filed, the east side of the Hunter Lateral is already fenced, and our plant will not increase the Drain's and Lateral's existing attractive nuisance, we request a waiver from Section 9-605M. In lieu of the expensive cost of designing, permitting and constructing the tiling of a half mile irrigation ditch, we propose to fence the west side of the Hunter Lateral and the east side of the Nine -Mile Drain abutting our property. Please agendize our waiver request for the next available City Council meeting. Sincerely, Bill Andre' Corporate Properties Manager Jabil Circuit, Inc. JABIL CIRCUIT, INC. 10800 Roosevelt Boulevard, St. Petersburg, Florida 33716 / Phone 727-577-9749 10500 Ninth Street North, St. Petersburg, Florida 33716 / Phone 727-803-3003 www.jabil.com 0 Meridian City Council March 16, 1999 Page 43 • Gigray: I think Mr. Mayor and members of the council I would advise Mr. Walker that he should probably consult with the code enforcement staff with regards to the circumstances there and maybe they can provide some clarification. You know, he may want to consider applying for a home occupation that would be a little less intrusive (Inaudible). Walker: That's what we applied for and the staff changed that to this and if there was no way, the staff told me in the Planning and Zoning meeting there was no way it was going to go through. She stood up and sat there and said it would not go through and should not be approved. I'm saying if the compliance officer tells me to file for one and it cost me $500 bucks to put it all together and get it filed, why am I filing for something that she is not going to approve anyway, or she is going to put the stop on. So what I'm saying is why do I want to work with them again with the assumption they will tell me one thing, we will pay our $500 bucks and they'll come back and stop it in the end anyway. Gigray: Mr. Mayor and members of the council, just simply a matter of code enforcement. If there isn't any code enforcement, then I suppose they occupy the ground, if there is code enforcement, then it gets to be a legal issue as to whether they are in violation of land use requirements. You can't prejudge those situations at this time. Corrie: So I guess to answer your question, go back to Planning and Zoning Code enforcement people and talk to them and see what they say as far as the code enforcement is concerned. It's 10:30, this Jabil, is somebody from out of town on this one? Did you fly in? I see that you did. Council? Bentley: Mr. Mayor, I would prefer to go ahead and go through Jabil and announce that that will be the last hearing that we do. Corrie: Okay we will do 19A and B together .and then items 20, 21, & 22 will be the first on the agenda April the 61n ITEM NO. 19A: PUBLIC HEARING: REQUEST FOR ANNEXATION OF .53 ACRES WITH A REZONE OF 55.79 ACRES TO IL BY WILLIAM A. HON / JABIL--NORTH OF I- 84/SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE ROAD: Corrie: I'll open the public hearing and Shari, I'm going to—let's do 19A & B together here because it is a subdivision waiver of an ordinance and I think we've got some questions on that one too. Shari? 0 Meridian City Council March 16, 1999 Page 44 0 Stiles: Mr. Mayor and council, this is for the property immediately south of the Law Enforcement Facility on Stratford. They are proposing to bring their company to Meridian. They are currently housed within the Hewlett-Packard facility in Boise. The beginning they would have approximately 400 employees. I'll let them make their presentation as to some of the things that they are doing there. This is only a request for annexation of a little piece of property that was adjacent to the freeway that had been left out of some previous annexations and a rezone of the 55.79 acres to allow this use outright. We have had numerous discussions with them and they will comply with all of our entryway corridors, landscaping requirements, of course all of our ordinance requirements as far as trees, those kinds of things. They have graciously offered to plant and build two soccer fields and put in 120 car lot at their expense for use by the city, I believe that is what their proposal is. Again, this is only a request for annexation of that .53 acres and the rezone to IL they do have some material here to present as part of their application. As far as the waiver for the tiling of the ditch, this is the Hunter Lateral, it is the same lateral that runs adjacent to the future fire station site on Franklin Road. It's currently fenced on one side, I don't know if that's a barb wire fence, farm fence, what that is. We have required fencing of that in the past. It hasn't been very successful or very beneficial to the city to require that fencing, it looks more like a prison compound than any kind of amenity. What they are proposing is to use the existing road that is there and do some berming and landscaping adjacent to that to actually make that an amenity and without fencing it they wouldn't be—I don't believe they would be required if they are not encroaching into Nampa/Meridian Irrigation districts easement to enter into some kind of license agreement that may require them to fence that, but it would be staffs recommendation that we would go with what they have proposed as far as landscaping of that area and not to require tiling of that ditch. Corrie: There is a representative here who would like to speak first. BILL ANDRE, CORPORATE PROPERTIES MANAGER, JABIL CIRCUIT, INC. Andre: The good news is that I'm going to be very brief in deference to the hour. MR. Mayor and Councilmen and staff thank you very much for hearing us. We have met with the neighbors prior to the Planning and Zoning hearing and heard what they had to say and hopefully addressed as many of those issues as possible. The reason I'm going to be brief is to give them a chance to talk this evening and see where we are. Once of the things that came out in the last meeting with the Planning and Zoning was a berm along the Locust area and heavily landscaped which we have accomplished and done. Not available at the last meeting was the rendering of the building and we are far enough along in the design that we have that with us as well. We have some of our engineering types here that could address the lateral and tiling and I'll leave that to them. With that, that's all I have to say unless you have any questions. Corrie: Any questions at this point? • Meridian City Council March 16, 1999 Page 45 Bentley: I have none. Bird: I have none. • Andre: One last thing, I want to compliment your staff, they have been excellent to work with. Our design team has been working very, very closely with them and you should be proud of your staff. Corrie: Anyone else who wishes to testify in favor of the project? Anyone opposed to the project? Yes sir. ROGER OSTERHUES, 975 S LOCUST GROVE, MERIDIAN, ID. Osterhues: I guess my biggest objection is well I moved there 20 years ago, just after it was zoned commercial. The possibility of having commercial buildings in there like restaurants and Albertson's Stores was quite appealing, that would be close to everything. Now with it rezoned industrial, I'd be looking at the parking lot. My biggest objection would be that the City of Meridian is going to make out with all this tax money, Bill Hon is going to make out by selling his land at a good profit and Jabil is going to make out with having a nice piece of property, but the property owners around there get to look at a parking lot. No more sunsets and that's about all that I have to object to, no compensation. Corrie: Any questions? Bentley: I have none. Bird: I have none right now. Corrie: Anyone else wish to issue testimony in this one? Yes sir. ROBERT R. SMITH, 335 S LOCUST GROVE ROAD, MERIDIAN, ID. Smith: I really don't have any objections to the project itself, but one thing that concerns me right now—this proposed road right here is already under construction, they are building it. They already have the culvert across the Hunter Lateral and Locust Grove Road looks to me it's going to be accessed for all this construction. Locust Grove Road was paved in about late 1940's or early 50's. It's been resurf—or graveled three times since I've lived there. It's deteriorating very rapidly any heavy construction equipment on that road is going to tear it all up. It right now is only servicing us residents that live there because it dead ends against the freeway. I have a fear of what is going to happen when I see it is already under construction and already taken place. The 0 Meridian City Council March 16, 1999 Page 46 neighborhood as it is right now has a 35 mile an hour speed limit and about half that live there don't comply with that as they go by our residence. I can see how they are going to have all this equipment running in and out of there. I ask you that they don't access Locust Grove until Locust grove is going to be made a five lane road. When I confer with Ada County Highway Department they say that isn't in their plans for the next five years at least. If this gets accessed with the 400 people that are there and the equipment and construction that will go on, Locust Grove is going to take a beating and they won't do any repair work on it because it eventually is going to go to a five lane road. I just ask that you consider what is going to happen to our neighborhood when you do this. Thank you. Corrie: Anyone else from the public? REECE MCMILLAN. McMillan: I concur with Mr. Smith here on this road coming out onto Locust Grove. If they use that for construction road like they do at St. Lukes Hospital over Franklin Road, our road going to be tore all to pieces. Not only that, but they actual noise, dirt, gravel, rocks, everything else flying on the road. Like I say, I'm not opposed to the project here, just that this roadway coming across the Hunter lateral there out on Locust Grove. I think they should not open that up until the proposed widening of Locust Grove goes into effect. Thank you. Corrie: Anyone else in the public? RANDY WOLTERS, 1080 S LOCUST GROVE, MERIDIAN, ID. Wolters: I have already—the last Planning and Zoning meeting already said my complaints about looking at a building and parking lot lights. I was looking at this drawing for the first time, it looks like some of the trees might block some of the reflection off some of the windshields, so that might help a little bit, but also I guess it's page 68 of the minutes, it was a comment that I made in regards to the Greenbelt that was proposed along the canal and I believe that Mr. MacCoy agreed that was something that was supposed to be done, it says yes, I thought this would maybe discontinued because of this proposed Jabil site. He said it would not at that time, so I repeated that, of course that says it on page 68. I'm just curious what that proposal of the Greenbelt what the status would be. An additional issue, which I'm kind of seeing now with the rendering drawings here, is that berm is higher than the canal level, correct? I guess—back to the—not to mention the road issue again, I did notice some construction going on in the road and I'm not sure if this is a temporary fix that they are putting in, I guess it sustains some sort of traffic, but it doesn't look like some commercial job, somebody with a Bob Cat has been putting some culverts in and some dirt. I'm not sure really what is going on. I'm not sure if there is some information as far • �J Meridian City Council March 16, 1999 Page 47 as this road, it's permanency or status or whether it's going to be used for an access road for construction. That's about it. Corrie: Any questions of him? Bird: I have none. Bentley: I have none. NORM MARCUM, 1140 S LOCUST GROVE, MERIDIAN, ID. Marcum: My worry all along has been comments that the property value is going to decrease because of the parking lot across the street. I have no objection to the company, I realize that I could suffer a lot worse with a shopping mall or multiple family dwellings, numerous other things that could've gone in there. It appears they are working very hard to ellay our fears. The berm looks—this is the first I've seen of it. It looks like it will be adequate to knock down some of the noise and traffic, maybe even the parking lot lights, I don't know at this point. As the shrubbery grows, certainly it probably will help. This road that is being pushed through, they came out there and I— I'm retired and at home can see all this happening. They come out there with a dump truck and a back hoe and a little Bob Cat and proceeded to scatter gravel and rock and stuff around. Brought out some big culverts that were bound together with strapping material, which is still laying there in my gutter beside the road. If this is any manner of what we've got to expect in the future, I don't want to see it in my neighborhood. Shoddy maintenance that these construction crews have left a trash dump that wasn't there before. I'm worried about the extra traffic and as Mr. Smith and this other gentleman has spoke, that road is not adequate for heavy dump trucks and gravel trucks to be going up and down it. It's broken up several times, they've come out and patched it, and patched it, and resealed it and now it's just rough. I can foresee that it will break up and if we've got four or five years before anything is going to be done with the widening and rebuilding of that road, it's going to be another Overland trail and I don't want to drive on it and run my new rig. Thank you. Corrie: Anything else? ARCHIE ROBERTSON, 185 S LOCUST GROVE ROAD, MERIDIAN, ID. Robertson: I like Mr. Smith have no objection to the project itself, but construction thing bothers me a lot and one thing that wasn't mentioned was—as I understand it, Idaho Power will be putting in a new power line right down of South Locust Grove to service this facility. I would like to request that construction access be given for this project to come in off of Stratford and go along the south side of the Law Enforcement Academy and not use South Locust Grove for construction access. Meridian City Council March 16, 1999 Page 48 Corrie: Thank you, anyone else? PIM HOOGLAND, 1625 BENTLEY, MERIDIAN, ID. Hoogland: I live approximately 15 yards from that road coming out. There is currently mud out in that street, I put in new black top in my driveway and they used it to turn around in and tore up my black top. The soccer fields are nice, I love soccer, I've coached every level there is to coach in the State of Idaho, also a USS National coach and with the numbers that I see on two soccer fields on one Saturday, if their game is from 8:30 to 3:30 it would come out to 1500 cars traveling up and down Stratford or right down Locust Grove and into that road. Locust Grove can't handle that. The other thing is what is going to happen to the Greenbelt, there was supposed to be a Greenbelt there down the canal. Corrie: We don't know either. It all depends on what... Hoogland: It's gone? Corrie: It's not gone, but we are working on it. Is that part of Meridian Irrigation or that canal? Anderson: Hunter Lateral. Hoogland: There was supposed to be a Greenbelt there. Corrie: There might still be, I don't know. We (Inaudible) property rights or anything else on that, it's still up in the air. Hoogland: Robin Walker needs a place to go he is more than welcome. Corrie: Thank you. Anyone else? REECE MCMILLAN. McMillan: On the parking lot are they figuring on running the traffic out onto Locust Grove or are they going to go back over Stafford and go out that way where they have numerous (Inaudible) to get out. Locust Grove can't handle 400 more cars on it a day as it is now. They've got so much traffic on there now you have to stop and wait to get out of your driveway. I was just wondering if (Inaudible) give you something on that. Corrie: Thank you. Meridian City Council March 16, 1999 Page 49 JOHN KEMP, 1947 BENTLEY AVE. Kemp: I'm not against the project, I just want to voice a concern about the construction exit. I live fairly far enough away and probably won't even see it from my house, the other houses in between. In the later mornings, early afternoons, just trying to go to work, the traffic on Franklin, you are sitting on the corner of Locust and Franklin for 10- 15 minutes sometimes waiting to get out. Now you increase that traffic, now I'm sitting behind three cement trucks and a couple of tractors. That would be my only concern, just bypass that traffic to the other side of that police station. I drove over there on my way home from work and noticed that there they have two ways out that they can go, that way down towards 1St street, or come down Stratford to hit Franklin. Once again, they are going to have the same problem, trying to get out. That's it, thank you. Corrie: Anyone else? The hour is getting late, you had a shot at it once Bob. Is it— okay one time, that's it. ROBERT R. SMITH, 335 S LOCUST GROVE ROAD. Smith: I was going to bring up the fact that it seems like your designing of Meridian, you people are getting your cart way ahead of your horses. You are getting Meridian built up here to a Metropolitan area and we don't have any access. We are talking about making Locust Grove a five lane, we are talking about getting Ten Mile built so you can get access and the traffic flow is so ridiculous on Eagle Road right now that you can't hardly get through it. Franklin, I came from Boise here the other day at 5:00 and I was back clear to Cloverdale and it took me 25 minutes to get to Eagle Road. Now you are going to put 400 people accessing plus out of this thing onto Locust Grove which would happen and Locust Grove can't handle it until you start getting some of this access built into this country. I've lived here all my life and this ain't no horse and buggy town no more. So you are going to have to get something designed into this thing ahead of yourselves instead of over designing your population. I just hope that you start realizing what you are doing to us that live here and what we are going to have to do eventually to compensate for all of this. Developers ride off into the sunset and we are stuck with the problems. So I just want you to know what is happening. Corrie: Okay, thank you. Bird: Bob, you have been out there 30 years, but Bill has had that property for longer than that and it has always been known that at first it was going to be a big shopping center back in the middle 60's we were going to have the regional shopping center. Smith: I was there 35 years ago and it was the Wolf's Property at that time. Agvert's (sic) place then. 0 Meridian City Council March 16, 1999 Page 50 Bird: Okay, but it was originally going to be the shopping center that Nahas was going to bring in and make the regional shopping out of it, that was 1966, or 1967. Smith: Not that piece. Bird: Not this, no, no, but his area. I mean, you know they have had this out there and it's been setup for industrial. I don't know planning wise what we can do. I mean that area out there is industrial and stuff, I don't know where we can go from there. I mean we could put housing in there on 55 acres or so. You would have that much traffic going there then. Smith: That's correct, that's what I'm saying Keith. You are getting your cart before your horse. You better get some of this roads built into this before this development has got to these—the magnitude it is now. Locust Grove is supposed to go clear to Chinden is my understanding. The access on Locust Grove that direction is ridiculous with the developments that sit down there. That's what I'm saying, the arteries aren't big enough. I worked for Idaho Power for 40 years. To get cross country, to cross the Boise River, you only had three arteries to get there to get to (Inaudible). We used to fight traffic to get there and this hasn't been alleviated, I mean we are just compounding the thing here in this area. Meridian has got to where you can't get around anywhere. As this one gentleman said you can't believe, I work as a consultant for H & H Construction and I've just got to turn to go to Meridian, I quit driving there, I walk there. I can make it faster walking a mile and a half to the H & H building than I can now to get out on Franklin Road in the morning to get to work. Bird: I certainly wouldn't argue that with you, but it's that way throughout. I work off of Fairview and I know what that's like. Smith: Right, but in fact the traffic flow on Fairview is three times faster than it is on Franklin. It is, because the fact that there is twice as many lanes. Bird: Yes, there is more lanes. Smith: That's what I'm saying, it's just not, it just keeps compounding what you are doing. We end up with the problems, 99% of the problems, we as the people that live there have to try and get solved and everybody just puts it on their answering machine or get back with you, and it never gets back. Bird: That's not right, I'll agree with you there. Corrie: Andre do you have any last comments or questions that have been asked or answers? 0 Meridian City Council March 16, 1999 Page 51 BILL ANDRE. Andre: One quick comment, should the council approve this, this will not end our dialogue with the neighbors we want to keep an open dialogue with them all during the construction period and control access by contractors and that type of thing. We have a telephone number that they can reach us at any time. Unidentified: Mr. Mayor can I add one more thing? Corrie: No sir. No. I'll entertain a motion to close the public hearing. Bird: So moved. Bentley: Second. Corrie: Motion made to close the public hearing. (Inaudible) Corrie: Did we have a letter Bill that you said needed to come in? Gigray: I believe there is a report from the city engineer on this project, I don't remember whether that was addressed in staff comment or not. Corrie: Did that come from Gary? Gary was that a staff comment that you want to put into the public hearing? Smith: Yes sir. Corrie: If you would like to do it right now, before we make the final vote. Smith: Thank you Mr. Mayor, council members. One of the meetings, I think I was in one meeting, maybe two meetings, with the Jabil representatives. I asked for some information about the quality of the effluent that they will be discharging to our sanitary sewer system. I haven't received any information on that effluent and I think it's paramount that we get a very specific element of the development agreement that addresses pre-treatment requirements. Corrie: Okay, good thank you. Vote on a motion to close the public hearing? Any further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. • Meridian City Council March 16, 1999 Page 52 Corrie: Comments council? • Anderson: Mr. Mayor, I believe there is some real legitimate concerns regarding the traffic on Locust Grove and I would like to see us if we approve this project to make sure that all the construction traffic does use Stratford and put that as one of the stipulations. Rountree: Comment on that particular recommendation. I can fully understand an appreciate the concern on Locust Grove that probably is in ill repair, but it is a public street. I don't know how many zeros after one this particular development will pay in impact fees and or could result in overlays and or improvements or modifications to Locust Grove, but we have to keep in mind the needs of the people who use the road to the residents. It has to accommodate them, but I don't think we can prohibit the use of a public street to access private property in this county and in the city. Corrie: Any questions or comments? The request is for annexation of .53 acres and a rezone of 55.79 acres to I -L by Mr. Hon, Jabil. Bentley: Mr. Mayor, I would move we order the city attorney to prepare findings for the annexation of .53 acres and rezone of 55.79 acres to I -L with the (Inaudible) of the council decision to approve. Bird: I'll second it. Corrie: Motion is seconded by Mr. Bird. Any discussion? Rountree: Would that motion include the development of the—development agreement with the conditions specified by staff? Bentley: Yes it would. Rountree: Also conditions that may be imposed to maintain reasonable operation of vehicle on both Stratford and Locust Grove. Bentley: Correct. Corrie: Okay with those additions to the original motion? Any other discussion? Rountree: I have none. Corrie: All those in favor of the motion say aye. MOTION CARRIED: All ayes. 0 0 Meridian City Council March 16, 1999 Page 53 Corrie: Motion is granted, have the city attorney draw up the Findings of Fact and Conclusions of Law for next meeting. ITEM NO. 1913: REQUEST FOR JABIL TO WAIVE SUBDIVISION ORDINANCE: Corrie: Mr. Gigray, you had some concern here and I think maybe Shari did too. We are not subdividing anything are we? Stiles: Mr. Mayor and council, that was about the ditch, the tiling of the ditch. Smith: The tiling of the ditch is in your comments. Stiles: I know lots of people that would like to waive the subdivision ordinance, but that wouldn't happen. Gigray: So that matter has been taken care of? (Inaudible) 20. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA — NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4T" STREET: 21. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN ACRES SUBDIVISION BY MIKE STIPA — NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4T" STREET: 22. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAYKO — 310 E. BROADWAY.- Corrie- ROADWAY: Corrie: As I said before, the items number 20, 21 and 22 are public hearings that will be on the first of the agenda for the October, excuse me the April 6t" meeting. So we will... (END OF TAPE) Gigray: I would recommend since you haven't opened the public hearing that you ought to re- notice those. But you can continue them to the next meeting. Corrie: You can do that by a motion to continue 20, 21, and 22 then? Bentley: We can't continue them if we haven't opened them. 0 • MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999 APPLICANT: WILLIAM A HON (JABIL) AGENDA ITEM NUMBER: 19A REQUEST: ANNEXATION AND ZONING 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: COMMENTS SEE ATTACHED MINUTES FROM P & Z 2/9/99 SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P 8, Z REVIEWED REVIEWED REVIEWED ADA COUNTY HIGHWAY DISTRICT: ADACOUNTY STREET NAME COMMITTEE: f CENTRAL DISTRICT HEALTH: REVIEWED NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COM Ir, SETTLERS IRRIGATION: IDAHO POWER: J� 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 MEETING: FEBRUARY 9, 1999 APPLICANT: WILLIAM A. HON ITEM NUMBER: 6 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS j" , 'hj cmv" REVIEWED REVIEWED REVIEWED YZ U REVIEWED SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. . R'1 tYj • `fit YY�`-4-I���an � J � .��`�� 1► �- , / M___ CITY OF MERIDIAN CITY CLERKS OFFICE Memo To: (ill I yam Non Fax #: From: City Clerk's Office, Re: Hoon Date: MrAW&M Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on the day of 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. 11 4 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 03/11 15:40 2083437515 Memo To, _ From: Re: AS OF MAR 11* 15:44 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDU STATUS G3 --S 04'05" 007 128 OK Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on the 4— day of 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. MERIDIAN PLANK AND ZONING • FEBRUARY 9, 1999 PAGE 61 Borup: Equipment of any size, like they couldn't? De Weerd: Well, he mentioned that right now as... Borup: Any other towing size equipment, any other equipment that you would have to tow. I would agree with that. De Weerd: I'm just going on his testimony that anything he would add to his yard or any more use beyond half a garage he would look at other places. I would say as is. Borup: Okay, I would like to add that to my motion. De Weerd: Second. MacCoy: I've got a motion and a second. All in favor? MOTION CARRIED: Borup-aye, De Weerd-aye, Nelson -nay. MacCoy: The next move that you are going to have, before the City Council. What we have just said here with all the documentation and the fact that you heard the vote, that vote also goes forward for their edification and they will make their decision after—at that time. You have passed in one sense part of your steps right now through planning and zoning with recommendation. If I were you, it's a public hearing. So bring your friends. ITEM NO. 6: REQUEST FOR ANNEXATION OF .53 ACRES AND REZONE OF 55.79 ACRES TO I -L BY WILLIAM A. HON -- NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE RD: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this is a request for rezone of 55.79 acres from C -G to I -L and an additional annexation request in zoning to I -L of .53 acre. The request was precipitated by the desire of Jabil Circuits to come to Meridian. We've been working with them for several months. We are quite happy that they've selected Meridian as their site. We had the option of trying to either do a conditional use permit for the project or to rezone the property so it was an outright permitted use and decided that the best route to go would be to rezone the property. They have met with staff several times regarding their site plan. Work out a lot of the issues, they have been working extensively with Ada County Highway District in regard to the transportation issues. You have our comments dates February 5, 1999. There are a couple of ditches on the property MERIDIAN PLANNO AND ZONING FEBRUARY 9, 1999 PAGE 62 that they would have to request waiver for tiling those. One of the ditches would be the Hunter Lateral, the other one is a natural drain, I believe the Nine Mile Creek. One of our—my main concern is that we do enter into a development agreement, unfortunately we haven't changed our zoning ordinance to prohibit or at least require a conditional uses for some kind of scary uses that are currently permitted outright in that zone. I don't believe the applicant would have any problem with entering into that development agreement as far as I know, that's about it. MacCoy: Bruce do you have anything that you would like to add to that? Freckleton: Chairman MacCoy and members of the commission, the only real big question that I had was in regards to the legal descriptions for annexation and I believe that during our presentation they probably will address that. Nothing in addition to her comments. MacCoy: We will open the public hearing now, will the applicant come forward and speak to the project? MIKE BALLANTYNE, 2690 N MILLDEER WAY, MERIDIAN, ID. Ballantyne: As Shari mentioned this is an application to rezone approximately 56 acres to I -L for use by Jabil Circuit Inc. of Tampa, Florida for a circuit research and manufacturing facility. I wanted to give you a little bit of background real quick so you understand the type of use that is going to be going on here. Jabil Circuits have purchased a section of Hewlett Packard the laser jet FMO if I'm not... (END OF TAPE) Ballantyne: ...Jabil Circuit purchased a division of Hewlett Packard's Boise operation and operations elsewhere the laser jet FMO. Jabil Circuit will be performing operations that were done at the Boise Hewlett Packard facility here in Meridian and it's real (inaudible) for Meridian to have Jabil. They looked at 15 sites throughout the valley and they are in my mind as a Meridian resident the pro -typical perfect use, clean, (inaudible) jobs and they are an excellent tax base obviously. Much better than homes on Willowbrook. MacCoy: What's their population going to be? Ballantyne: I'll let the representatives of Jabil address that. The vice president of corporate properties is here as well as the operation manager, the facilities manager, the civil engineer and the architect, but initially 400 employees is my understanding. A couple of other comments. The reason we went for the industrial use for Jabil industrial application, if they were in the City of Boise or MERIDIAN PLAN&G AND ZONING • FEBRUARY 9, 19 PAGE 63 some of the other cities in the valley, they would have gone in on a technical application, technical zone, but Meridian's ordinance does not yet allow for that. So it's really a technical use and not an industrial use. We want to make sure that's perfectly clear and Shari talked about those scary uses. Certainly Jabil their facility only requires about 12 to 15 acres. The reason they're using such a large site is to ensure those scary uses don't abut their property and to protect the values there and in fact one of the things they're doing is they're providing area for the city PAL program to do soccer fields. In fact building the soccer fields I believe, so I'm not going to take a lot of time. Certainly other individuals representing the owner and Jabil can speak to any specific technical or other issues, but I'd be glad to answer any other questions. MacCoy: All right thank you. Commissioners, anything? Okay we'll save it to later. Ballantyne: I would just make the comment we had no problems with the staff report. MacCoy: Thank you. Who's next on the positive side here? STAN MCHUTCHINSON. McHutchinson: I'm with Briggs Engineering in Boise, and I'm the civil engineer for the applicant. I would like to address staffs comments regarding the legal description that was provided. I haven't had a chance yet to meet with staff, but the .35 acres he's referring to in the description that was not included in the original description that was submitted with the application and I'd like to meet with staff and work that out, and if I can find out exactly what description is needed, and we can provide that. It's not a problem. So if there's any other technical questions regarding the description. MacCoy: Staff do you have anything for him? Freckleton: Chairman MacCoy, that would be great. We could get together and talk about that. It's just perfect. MacCoy: Okay thank you. Who's next? BILL ANDRE. ANDRE: I'm corporate properties for Jabil Circuit out of St. Petersburg, Florida, and I don't like your weather. Mr. Chairman, Commissioners, Staff, thank you very much for hearing us. I'm not going to take up much of your time. I think a lot of the property owners prefer to be heard and I think we should hear them. Jabil has been meeting with them prior to this meeting and heard some of their MERIDIAN PLAN*G AND ZONING FEBRUARY 9, 1999 PAGE 64 concerns and I would like them to have enough time to do that. I want to assure you that Jabil takes great pride in the facilities that we put up. We have facilities worldwide, and I'm lucky enough to do all the traveling to all of those to get them design to build. Some of those are nice trips. Some aren't. We put up a very aesthetically pleasing building. We deal with local architects. In this case we have a joint venture with a local architect and a Tampa based architect. Jabil Circuit is out of St. Petersburg, Florida not Tampa, and we do very liberal landscaping. The chairman of the board of our company is into that. He likes our facilities to be a show place. One of the reasons we do that is to fit into the community. The other reason we do that is we have customers that we deal with that come to our facilities and we want them to think (inaudible). So unless you have any questions I'd prefer to keep this moving. I'm sure everyone is getting tired and wants to go home. MacCoy: Commissioners anything. Borup: Yes, Mr. Chairman, unless someone else is going to address this, Mr. Ballantyne said you are only using a small portion of the property. I forgot how many acres he said. Is that correct? How many acres was it that you'd be occupying for the building and parking? ANDRE: I'm not sure. I don't think we've done a calculation, but visually I'd say less than half, somewhere just shy of half of the property. Borup: So then the other half was going to be landscaped areas and soccer field, is that correct. ANDRE: We're going to put in a soccer field and parking for the soccer field and that area would be irrigated and kept maintained by Jabil. Borup: Then the rest of the property around the building would be greened up area and landscape and that type of setting? Okay thank you. MacCoy: Thank you. Who's next on the positive side of the fence right now? All right seeing nobody's hand raising, who is on the other side of the fence and would like to speak? DAVE GUNDER, 1180 S. LOCUST GROVE. Gunder: My name is Dave Gunder, 1180 S. Locust Grove. I'll be right across the road from the parking lot. I only have two concerns. What is the .53 acres? My understanding that's going to be a road coming out on to Locust Grove. In the plans that they have that's what it shows. That's going to be an access to Locust Grove. MERIDIAN PLAN& AND ZONING FEBRUARY 9, 1999 PAGE 65 Freckleton: Do you want me to address that? MacCoy: Yeah, go ahead. Freckleton: Chairman MacCoy, Commission, the .53 acres was for a I believe it was like a remnant parcel right up against the interstate. It's on the southerly boundary up against the interstate. Gunder: Well in the plans it shows a road coming out on to Locust Grove. Have you seen the plans? Freckleton: That was part of the original annexation. That was in the annexation. My concern is there's 400 vehicles coming in there to start with. Within three years, there's going to be 1,000 vehicles coming in there. What's going to happen to Locust Grove. MacCoy: It's been planned in the near future to have the overpass put in and the highway that you now expect presently will be expanded to five lanes. Gunder: We heard that five years ago. MacCoy: Well we have it on the docket for doing it this year with the flying Wye which you read about. It takes four years. They have the money in the pocket or in the bank. So they put the Overland, the Franklin, the Locust Grove, all our projects back until the end of the other thing because they said they cannot afford to tear up anymore streets in the area because we become the area which is going to take the off load for the flying wye during the four years. So that's what you're faced with. One reason is because of their business coming out here too. Gunder: I have no problems with their business, great. It keeps the weeds down across the road from me. MacCoy: Yes it will. Gunder: Now can you tell me when the plan is for Locust Grove and Franklin for that matter? I mean right now if you go out on Franklin at twenty to eight in the morning, it will take you twenty minutes to get to the stoplight at Eagle. MacCoy: It's going to take you longer because — Gunder: Well it's going to take you a long time with 400 more cars coming out of there. MERIDIAN PLAN AND ZONING 0 FEBRUARY 9, 1999 PAGE 66 MacCoy: Well it's not even that. That's got to be some of the problem, but the main thing is that the highway department has decided to off load 1-84 to Franklin and Overland and it's starting right this week. Gunder: So we're going to have to take it. MacCoy: Yeah. Gunder: That's a good answer. MacCoy: And we have complained. We have gone to meetings up to the top of the ladder and this is what we're stuck with because they have said they have had past experience where they've eaten it before and they don't want to do it this time since everything is being put on the flying wye. Gunder: Okay, I'll go for that. My next question is who is responsible for my property values going down when that big parking lot is right across the street? MacCoy: I wouldn't say it would go down. Gunder: Oh, it's going to go down. I've already had the Remax come out and do my property valuation. Who wants to live right across from a parking lot? I mean the business is great. I have no problem with the business going in there and if they would have told us last fall it's easier to sell your fall than it is in the winter if you don't want to live there. We ain't got no choice. They want to break ground in April and be done by November. We're stuck with where we're at. MacCoy: Well just wait and sit there and hold your property. When it gets all landscaped and everything you'll have a place you can sell again. Gunder: That won't make no difference. The parking lot is what they say will make the property value go down. MacCoy: Well I can't argue that point with you so I don't know what to tell you. Gunder: So who is responsible for the property value? You or them? You're going to be the one passing it. Once this is done tonight and you say yeah, okay we rezone it to light industrial it's over. MacCoy: Yes, because they got the property — Gunder: They got the property. It doesn't matter if they build there. It's light industrial. Anybody can come in and build there. MacCoy: That's right. So you might as well be glad that they're going to build it. MERIDIAN PLANIOG AND ZONING FEBRUARY 9, 1999 PAGE 67 Gunder: I'm glad they're going to be there. I just want to know who's responsible for property values. That's all. MacCoy: Well it doesn't make any difference because if you say the city is responsible, they're not going to pay you for it because it's not their responsibility. Gunder: You're saying it's not the city's responsibility. MacCoy: Well we can go ahead and pass the fact they can move in there. Gunder: Okay, that's the only questions I want to put in front of you. Thank you. MacCoy: Anybody else want to get up and speak here on the other side? RANDY WALTERS, 1080 S. LOCUST GROVE. Walters: Randy Walters, 1080 S. Locust Grove. So we did meet some of us had an opportunity to meet with some of the Jabil folks on 2/4 and so we discussed some of these issues with them and they've actually documented some of our concerns. I personally just had another baby last week and so I have two small kids and of course across the road from a facility like this is going to destroy the quality of life and safety. The road that accesses Locust Grove will definitely impact where my kids can play and so we discussed several issues. Quality of life, parking lot lights, so we did see a drawing a preliminary drawing and the parking lot is right there, and so if that's not bad enough I look out my window and I have a clear view for a mile well not I see a 36 foot building. I mean it's just a big building. I'm sure in the summertime with all those parking lots and I'm going to see reflections off windows and front windshields etc. The other gentleman brought up property value. Yeah, that's going to decrease with the parking lot across the street from me. No more view. I realize things are changing and I'll take the school. I mean the school would be a lot better than this big building across the street. De Weerd: Could you have testified earlier for us? Walters: A school is a plus to a property value in a sense. But this is definitely a negative and it ruins everything about it. I directly asked both of the people that we met with from Jabil and I said would you want this across the street from your house? And they wouldn't really be happy with it either. I already brought up the safety issues. I've got a two story house so I'm a little better off. I can see maybe over the roof. Now with the height of that building they suggested, there's no way. I'm going to see the side of a building. Of course the lights the parking lot lights or the lights on the side of the building. I won't need lights at night. Right? MERIDIAN PLAN& AND ZONING FEBRUARY 9, 1999 PAGE 68 MacCoy: Well one of the things we do control out here and will be part of their requirement is that they have down lights that shield it and we also talk about the wattage of that light, how high it can be, so we're looking at your side of the fence so to speak to make sure that you don't get glare. Walters: They only other issues there was a proposed greenbelt. That was one of the reasons we thought hey, that would be a great area to live. Was there a greenbelt that was proposed to go on the canal to go all the way through? MacCoy: Yes. Walters: And I guess that will be discontinued now? MacCoy: No it will not. Walters: No it will not. MacCoy: In fact we're now in a committee in Ada County which now includes as of last month the Canyon County and we're working towards we have that greenbelt run from on end of the Ada County clear on through to Canyon County continuous. Walters: Somebody had mentioned something about Ada County they discussed with Ada County about certain highway issues, road issues. Is that part of the proposed Locust Grove expansion? MacCoy: You mean the — we have Ten Mile, we have Linder, Meridian, Locust Grove are all in that same package and they finish upgrading Franklin. They finished upgrading Overland is all the package. We're the ones standing in the wings now because we have been the ones that (inaudible) for so long that we say hey we're next in line when everything gets finished around here because then you're going to have to put all this together. Now our problem is going to be that we know that. They'll be in here tearing things up and we're going to end up having a (inaudible) for sometime because we everything else closed up on us. Walters: Right. So do you have any idea of when that may happen? MacCoy: We've got schedules all ready yeah. I mentioned earlier it's been stated by both highway departments that nothing will be done until the four years of which is going to take to do the flying wye. Now the flying wye you say that could be six years. Well no it can't because the contract which has been let has got a clause in it that every day that that thing continues beyond the agreeable date is going to cost somebody thousands of dollars per day. And they're going to work that project seven days a week, 24 hours a day. MERIDIAN PLANK; AND ZONING FEBRUARY 9, 1999 PAGE 69 Walters: So how do you guys deal with property value decreases and Borup: I think the marketplace takes care of that. That's something we don't control. Walters: But when you put something in like this and pass it, I'm stuck. Like the gentleman earlier said I can't sell now because there's going to be a proposed building site there. Of course all the construction that goes along with that. Borup: Mr. Chairman, I did have a couple of questions. Maybe one point I want to just point out, this property is presently zoned C -G which is commercial. Any other — a lot of the type of businesses that are in there now could come in without even coming before here. All they would have to do is go in and get a building permit and you can have half a dozen buildings there on the same site without any public hearings. Walters: So I've seen them off the road they are actually lower not so bad. - Borup: What I'm saying here, you can have half a dozen businesses there. The only reason they're here is because of the technical type usage. I do have a couple of questions of you on some statements you made. You said the parking lot was located between the building and Locust Grove. Did they have any type of landscape buffer or design along Locust Grove? Walters: They said that hadn't been clearly discussed at the time. Borup: But did they have the intention to do that? Walters: I think it would be something like 75 feet between the parking lot and the road. Borup: Oh is that right? We normally have a city ordinance of 20 feet. MacCoy: Yes you're getting quite a deal. Borup: Now the other thing you made — you seem to be objecting to the parking because you didn't want the parking lot there. Then it seems you'd rather have the building closer to the road. Walters: So I guess I'm getting the worst of — I mean I get the — Borup: I don't know. That's what I'm trying to find out. You contradicted yourself a couple of times. MERIDIAN PLANA AND ZONING 40 FEBRUARY 9, 1999 PAGE 70 Walters: Both of them are issues to me. I mean I'm looking out my front window and instead of seeing a view, I'm going to see a building and cars in a parking lot. Borup: It sounds like the view is concern. Would it be your preference to have the building further away? Walters: If you take that tall of a building, I don't how far you would have to move away. I mean you know I'm two stories up. But if you take a 36 foot some odd building, yeah next to Home Depot, that's far enough away. That's a mile away. MacCoy: If you had wanted to have that view, you had to go across and buy that land or at least tie it up some place so you can have that view. I live in an area that when I came here some years ago, I had a beautiful view of the mountains. I have nothing now because I didn't buy the land ahead of me and it's now buildings that are two and three stories high and I don't see anything except sky now if I'm lucky. Walters: So I was thinking that this was an opportunity to stop that. Or maybe have a school. Maybe that's a better proposed place. Borup: Well the time to stop it was back when the property was annexed originally. Walters: There's a couple of other issues. I'm not going to be the one hogging the time here. MacCoy: Any other questions? Borup: I have nothing else. MacCoy: Okay thank you. Anyone else wants to get up and make a statement. PIM HOOGLAND, 1625 BENTLEY. Hoogland: Pim Hoogland 1625 Bentley. One of my concerns is naturally property value. Hopefully it goes up. Kind of doubt it. Pretty sure it will go down. In regards to a soccer field being a staff coach for IYSA since 1978 being involved in youth soccer since 1972, here in this valley two soccer fields on a Saturday morning between the hours of 8:00 and 5:00 would bring 702 cars. Do the math. That's if both parents are married and they go in one car. Being a soccer coach I know 90% of the parents are divorced and they each bring their own car so we can almost double that number. So now we're talking 1400 cars on a Saturday morning, and I'm all for soccer, but I think Columbia Village is great. Send them out to Simplot. The other thing the rezone, I'm a little concerned with going from C -G to an industrial. What happens if the yen doesn't MERIDIAN PLANNA AND ZONING FEBRUARY 9, 1999 PAGE 71 produce and what happens if the yero becomes worth more than a dollar and Jabil can't sell their products so they decide not to build there and all of a sudden we have a light industrial use which also includes automobile wrecking yards, bulk storage for flammable liquids or gases, junk yards, leather products, machine shops, recycling plants, railroad yards and shops. Borup: Those are the scary things that Shari Stiles was referring to. Those are the things that we definitely do not want to see there. That's what she referred to earlier. Hoogland: Well how about a variance instead of a rezoning. Give them the one shot deal. You build here, you stay here and that's it. Do not rezone. De Weerd: Can you tie it to an application? Borup: Well the development agreement handles that, doesn't it? Stiles: Yeah, that's what the comment meant about needing to work with them on a development agreement so that those were not permitted uses. They would be strictly prohibited uses in that zone. You can't grant a variance for a land use. That's a possibility. Borup: So I think what you're saying then was the development agreement would prohibit any of those uses. Say the worst did happen and Jabil left and then maybe an office building or another circuit building or something could go in. No a school couldn't without a public hearing either could it? MacCoy: No. Borup: It's not a permitted use. So if any other business came in it would have to be a similar type business. So all the others would be prohibited. Hoogland: But there is a difference between C -G and I -L and the type of businesses that you have. Stiles: That's true. Hoogland: They're not fitting in to C -G right now. That's why they're for a rezone, is that correct? Borup: Yes or they wouldn't be here. Hoogland: Okay so the scary thing is you know they might not make it. I've seen MERIDIAN PLANA AND ZONING FEBRUARY 9, 1999 PAGE 72 (Inaudible) Hoogland: I watched Micron down in Lehi — (Inaudible) Hoogland: And then we're stuck as property owners with a junk yard across the street. Borup: No, no. You're not listening. The development agreement would prohibit any of those uses of ever taking place there. Hoogland: Well in the application from Mr. Hon it suggested or it actually stated that the surrounding development already had light industrial. I haven't been able to find any in the surrounding properties right there. Across the freeway, is that what we're talking about? (Inaudible) Hoogland: I mean it's all C -G. Borup: Across the freeway is? Hoogland: Well no, where he's proposing, but in his application he had listed that it was light industrial in the surrounding area. Is across the freeway considered light industrial? I mean is that consider surrounding? Borup: Well is across Locust Grove considered residential? Granted it's a big street, but it's across the street. Hoogland: It's not a big street. Borup: (Inaudible) but as far as city — never mind. It's contingent property as far as zoning is considered it's across the street. MacCoy: I think it's a moot point in one sense because we're just entering into this month with the our Comprehensive Plan revision and we're looking at everything in our whole area of Meridian even the impact area. Some things will change so we're going to look at it how it is now and what we plan to do where we want houses and where we want industry and so on so everything are going to change. Hoogland: So they get their foot in the door and 50% 1 believe was going to be used for the site and the other 50 was going to be landscape and parking lot; is that correct? MERIDIAN PLANN* AND ZONING 18 FEBRUARY 9, 1999 PAGE 73 (Inaudible) Hoogland: Approximately. You know when we look at Hewlett Packard you know they have 53 acres. Now look at them. Look at the expansion they've had. MacCoy: All right what happens if they went belly up? Hoogland: It would be a good place to store a carnival. MacCoy: They have some nice buildings out there. Hoogland: You know the expansion, does it stop? I mean does Jabil give us a site plan to let us know what's happening? I haven't seen anything. Do we get another — do we have suggestions in what's going to go in and what isn't or suggestions to the architect of where to put the parking? You know can they move within five feet of Home Depot? MacCoy: Well when you get finished we'll ask the architect to come here or the representative to answer that question for you. Hoogland: And my other concern is that street they're punching through. I don't think it's on the south side, is it? (Inaudible) Hoogland: That would be on the north side not the south. Is it Stratford? Central? How big a street is that going to be? I mean — (Inaudible — off the microphone) Hoogland: I guess I just have a lot of questions and I haven't seen a site plan, property values, you know we just purchase the house hoping we won't take a big hit on it. But it kind of looks from the people I spoke to that we already are, and it's hard to sell it right now so at this point in time I would like to have a lot more information as to what's going to happen, what's going to go on. This is the first I've heard if they don't get a variance they can't do the scary things. I don't know what quote scary things are. Junk yards, I guess. Borup: That's the list you read. Hoogland: That's the list I read? Okay, I need to see that documentation. It wasn't a public record when to city hall to look that up. That's all I have at this time. MacCoy: All right. Thank you. Anyone else? MERIDIAN PLANNIOAND ZONING Is FEBRUARY 9, 1999 PAGE 74 NORM MARCUM, 1140 S. LOCUST GROVE ROAD. Marcum: My name is Norm Marcum. I live at 1140 S. Locust Grove Road, right across the road from this parking lot and building. Like everybody else my concern is property values. I'm retired so the traffic isn't going to affect me, but it does affect my wife. She's still working and my child. She's still having to go to school and I have tried several times to get on to Franklin from Locust Grove and sat there for five to ten minutes waiting for a break to get out right now. Added traffic they're going to bring in with their plant it's just going to make it that much more difficult. True, you're telling me now that they're going to — the flying wye is going to divert all that traffic over there anyway, so what's the big deal? We just wait all day to get out. I don't what to say that's going to change anybody's mind here. I put my life, my entire savings and that into a house and property and I built it up and I think I got a nice place. I'm not going to get the money out of it that it's worth. As soon as this building goes in and the parking lot goes in. I can realize that you're looking at the tax base and this wonderful business going in there, and that would be great for the community of Meridian and the City of Meridian. Right now I'm not in the City of Meridian. I'm across the road from it, so I have to put up with your decision. I'm not a resident of the city. I'm a resident of the county, and whatever you decide here is going to affect my life and my livelihood. Thank you. MacCoy: Okay, anyone else here? (Inaudible — off the microphone) MacCoy: You want to come up and say something in public. We'll tell you about it up here. ROGER OSTERHUES, 975 S. LOCUST GROVE. Osterhues: Roger Osterhues, 975 S. Locust Grove. We own the triangle that would square off their property. MacCoy: And your question is about — Osterhues: We put our objections in writing. It did not get read? MacCoy: It's in the file. Osterhues: But it doesn't get read at this hearing? MacCoy: Well it goes into the file which is part of the record for this whole hearing. So you've got yours in writing and signed and everything else. MERIDIAN PLANA AND ZONING FEBRUARY 9, 1999 PAGE 75 Osterhues: Okay. That's all I wanted to know. MacCoy: Anybody else want to — Unidentified: I'm actually speaking for somebody. It's for Jack Martin 1120 S. Locust Grove and basically his concerns are in the last two months he spent approximately $35,000 upgrading his house and he's disappointed because he's thinking of losing a lot of money on the property value. And the same things that I mentioned before, loss of view across the parking lot, depreciation of property, safety, all those issues. MacCoy: All right anyone else? Okay I'm going to ask the applicant back up again. Come on Mike. Ballantyne: Mike Ballantyne again. Chairman MacCoy, Commissioners, certainly understand the resident's concern and empathize. I grew up at the north end of Five Mile in the County of Ada. It was not yet the City of Boise. I remember sitting on my mother's knee at a commission hearing as the Ray Smelick I believe it was from Hewlett Packard presented the plans to build Hewlett Packard facility next to my house, so I can really understand where they're coming from. I would think that the resident of the Hickories and DeMeyer's Centennial and Banbury and the other extremely (inaudible) subdivision that surround the Hewlett Packard facility would say that the Hewlett Packard facility has benefited and been good for property values not the negative. I'm confident and I believe that everyone from Jabil is confident that their facility will bring value to the property. As far as the limited industrial versus general commercial. As you all know general commercial allows retail without any restrictions so that property could have been Home Base, Costco, Edward Theaters, that type of use, which isn't what we feel is a consistent use with the residential neighbors. You all understand I'm sure that the development agreement will prohibit any of those scary uses and no one can come in if Jabil was to leave no one could come in and put a wrecking yard or anything on that property. I wanted to read real quickly four items out of the five year Ada County Roadway Plan. One is from E. 1St Street to Eagle Road on Franklin Road widen road to two to five lanes with curb, gutter, sidewalk and bike lanes. On Locust Grove Fairview to Franklin realign Locust Grove, widen to three lanes and improve the railroad crossing. Also Locust Grove Franklin to Overland, widen to three lanes and then Fairview to Ustick, widen to three lanes with bike lanes and sidewalk, improve Ustick intersection five lanes with the signal. This is out of the five year plan for the Ada County Highway District. So the plan is there to work with the streets. That kind of brings me to E. Central Drive extension. That has been designated as a collector by the highway district for a number of years. The reason is they want to create a way of residents and businesses that are located on or off of Locust Grove to access the freeway in other points without having to go on Franklin. These residents will be able to get to the freeway MERIDIAN PLANA AND ZONING 0 FEBRUARY 9, 1999 PAGE 76 through E. Central Drive, go by Home Depot rather than having to go out to Franklin and go down to Eagle or down to E. 1St Street. The owner certainly supports the use of canal right-of-way and easements for a greenbelt and certainly would support that. Just referring to that light industrial use, there are a number of flex buildings which are considered industrial or quasi industrial along Watertower Lane, Central Drive, and Corporate Drive, and I think that other than to say Jabil is from St. Petersburg, which I think is a great town a much better town than Tampa. So that would be it. I'd be glad to answer any questions or concerns you have and also to allow any other staff or anyone from Jabil to speak. Borup: Mr. Chairman, I have a question for Mr. Ballantyne. That's on the subject of access to the property. You're saying Central Drive would access — Ballantyne: But Central Drive is along the northern property line adjacent to the police academy, the POST academy. Borup: You say it's going to continue on through? Ballantyne: And will connect Locust Grove to Stratford. One thing I failed to mention is that Stratford Drive will be signalized at Franklin. Borup: Okay that was my other question then so there will be access from Central, access from Stratford and access to Locust Grove. So three access points. Ballantyne: Right. Borup: They're not all going to be bunched at one location. Ballantyne: Right and there will not be direct access from Corporate or Central to this Central Drive so people can't come straight through from E. 1St Street from Locust Grove without having to make quite a few turns and that type of thing so it won't become a way of avoiding Franklin. That was — ACHD was very strict on prohibiting that so that you couldn't shoot right through. They didn't want to increase the loads on Locust Grove. Borup: Okay thank you. MacCoy: Any other questions for Mike? De Weerd: Just on your landscaping the 75 foot landscaping between the road. I would imagine that's from the improved road? Or from the current road? Ballantyne: I'll have to defer to the architect on that. MERIDIAN PLANN* AND ZONING • FEBRUARY 9, 1999 PAGE 77 Borup: Or from the property line? Ballantyne: I assume it's from the property line. De Weerd: Which would — Borup: Then your question is would that be the current property — or has the highway district obtained a right-of-way yet for their expansion? De Weerd: Right. Borup: That's a good question. De Weerd: And that 75 foot, is that bermed so that they're not going to see the parking lot? Will that help buffer the building? Ballantyne: I should defer that question to the architect. De Weerd: Well I know not all the building, but — soften the view. Ballantyne: Bill ANDRE from Jabil will address that two issues. Any other questions I can answer before I step aside? MacCoy: Thanks Mike. Borup: Well maybe Mr. Chairman. How many properties are there that are joining this property on the west side of Locust Grove? The plat we have appears — of course the one from — and there's another that looks like it might be partially but I'm not sure. (Inaudible) Borup: On the west side there's nothing? That's what I was going to say. I thought we just had testimony that there was one gentleman. So there's one of the west side. Ballantyne: Yeah, Central Valley Corporate Park is on the west side. Borup: Now the gentleman that said earlier that had the written testimony he's in that triangle there on the west side of Locust Grove. Ballantyne: Right, east side of this property. MERIDIAN PLANNI16AND ZONING is FEBRUARY 9, 1999 PAGE 78 Borup: So has there been any plans for buffering between his property and the site? Ballantyne: Just the 75 foot landscape. Borup: So that would be along the whole eastern property then? Ballantyne: I think we actually have a site plan, is that right Bill? I'll let Bill address that and also show you the site plan. You know some of the residents expressed concern wanting to be involved in the process. I'm sure Jabil encourages any input. They did have a neighborhood meeting. I'm sure the architect will be glad to give his name out so they can talk to him about any specific concerns. Borup: The neighborhood meeting notice was sent to — Ballantyne: All neighbors within 300 feet I believe. (Inaudible) Ballantyne: I can't confirm or deny the ability of the postal service to deliver, but as per the ordinance the — Borup: Looking at the site plan we have here, that's probably about how many there would be is five — Ballantyne: Yeah within the 300 feet. Borup: Okay thank you. MacCoy: Okay who is going to follow here? ANDRE: Bill ANDRE Jabil Circuit St. Petersburg. We're in the development stage of architectural drawings and site plans. It will take about four months to get these drawings to the point where they're ready to go out to bid. The meeting that was held with neighbors I don't know the mechanics of who was invited or how they got there or anything, but everybody and I don't care if they're within how many feet that would like to speak to us about that we will be having other meetings. Mr. Scott Ledbetter back here, if you'll contact him at Jabil here locally. He's at the Hewlett Packard campus. He can set up a meeting with the neighbors and we want and solicit their input. This is a very, very preliminary site plan. It's far from finished. But it gives you a general idea of how we're trying to screen and landscape the parking lot from Locust and as I say solicit the input of the neighbors on this. Nothing is etched in stone on there, not until it goes out to bid anyway. One of the other things the history of the residential that evolved and MERIDIAN PLANA AND ZONING 0 FEBRUARY 9, 1999 PAGE 79 developed around the Hewlett Packard campus is quite interesting. Far from property values going down they went up considerably. Jabil Circuit is made up of some very high tech people, a lot of engineering types, a lot of upper management types that works for us. They draw an exceptionally good salary and most of people are eventually going to want to live close to where they work and they're going to be putting up high end housing and you can almost bet on that. If they're anything like me, I like living close to work. I don't like traveling too far, but all of the neighbors without exception get in touch with Scott Ledbetter and he'll arrange another meeting and as we evolve and have evolution plans, we can have this as an ongoing discourse. Right before leaving Florida this morning on a flight that was an hour and a half late, I saw the first pass at the rendering of what the building is going to look like in elevation. I was very, very pleased with it. The architect is doing a marvelous job, so probably by the time the neighbors meet with us again we'll have some idea of what that building is going to look like. It's going to be a show place. Any questions? MacCoy: I guess not. Thank you very much. Mike, do you have anyone else you want to set up here? De Weerd: You know I do have a comment. Staff is very sensitive to the buffering and berming, and they're going to be involved in approving this and so I can say Shari Stiles is probably your best champion in making sure that berm is going to be adequate to kind of soften the building and also to maybe hide that parking lot as much as possible, but you know we as a city can only recommend a certain amount of buffering, and you're getting 75 feet. (Inaudible) De Weerd: Is that 75 feet Shari? I was just believing what I was told. You guys told me. Osterhues: Roger, 975 S. Locust Grove. I just had a question in the future are we allowed to rezone our property being that piece of pie that's kind of surrounded by industrial? De Weerd: You're in the county. Osterhues: Yeah. Are the options stopped? Are we stuck as we are? Or can we rezone? You know a Quickie mart or a Circle K or a gas station. MacCoy: Yeah, that's all we need. De Weerd: I don't know what our comprehensive plan says about your particular area but — MERIDIAN PLANNIP AND ZONING FEBRUARY 9, 1999 PAGE 80 Osterhues: Well I heard we will be stuck as we were or are as we are now. MacCoy: Well people have so I want to say if you want to come in and apply for it — Osterhues: But there is that option? MacCoy: Has been so far. Osterhues: That's all I have. MacCoy: Is there any other questions? If not Commissioners, what are you up to? Nelson: Well I'm not sure how much of the audience has access to our zoning chart, but if I'm reading this right although I feel their pain I think you almost have a better chance getting one commercial developer in one setting to work with you on a good buffered system than what could come in here without ever talking to you. For instance it looks like you could build car washes, gas stations, -- Borup: Bus stations. Nelson: If I were the homeowner looking at this site, I would be more concerned about the status quo than I would the change. About my property values. I think you're unknown could potentially be worse than this known and — (Inaudible — off the microphone) Nelson: Well right now it's already zoned general commercial and we can't really change that and a lot of businesses could come in and build without coming to Planning and Zoning. They can just request a building permit if it's an approved use. Some of those on that list may be worse than what we're looking at. I just think you might want to take a look at not rezoning it what could potentially go there. Especially with Home Base going up over there what's going to spawn. Borup: Maybe to expound upon what Commissioner Nelson said, what he's saying is that certain businesses that are permitted use in there. They just go and get a building permit and build a business like printing, a motel, hotels, indoor and outdoor entertainment centers, department stores, a bus station. Those types of businesses are already permitted and the annexation and zoning took place years back. There could be — you could have any number of those businesses on a piece of property this size. I think what Commissioner Nelson is saying you've got one single owner here that's making an effort to use a small portion of the property that they would be allowed to use and making an effort to work with neighbors to take care of the buffering and the other option may be like MERIDIAN PLANA AND ZONING 0 FEBRUARY 9, 1999 PAGE 81 1 say half a dozen businesses that you have no control or no input or anything (End of Tape) De Weerd: Yes, sir. Can you wait for just a second. Shari, can you tell me where the residents are along on that map? No, I'm just talking about — Unidentified: I'm right here. Mr. Gunder is right here. De Weerd: That's where the five lots are then along that side? Unidentified: Here down to here. All along here on this side and then Roger and Lynn live right here in this triangle. De Weerd: And Shari what is the landscaping then in that area? Stiles: The landscaping varies in here from anywhere from 40 feet to in this area is 150 feet. Some of this landscaping would be reduced because of the future widening of the road. This would be a five lane road at some point. De Weerd: So it isn't from the proposed improvements right away, which means how much of it will be eaten up? Stiles: Right here on this part? De Weerd: Right so what would that reduce that down to? Stiles: It will reduce this section right here to 40 feet from the future right-of-way. You also have to consider though that there is the Hunter Lateral here that unless it's tiled it will just — if Council gives them a waiver for tiling that ditch it would be some of that would be taken up with just the ditch. (Inaudible) De Weerd: What lateral was the pathway system suppose to go on Mr. Chairman? MacCoy: Without having the map in front of me, I couldn't tell you. We look at all the way through the entire county and it zigzags through the system. Nelson: I have one more comment real quick to finish my train of thought. I would be curious whether from a traffic standpoint if other commercial uses went in there that had business hours and they attracted retail customers throughout the day or if any shift work facility that has more of a static parking lot use — (Inaudible) MERIDIAN PLANA AND ZONING • FEBRUARY 9, 1999 PAGE 82 Nelson: That's my point. (Inaudible) Nelson: So anyway my point being that from a vehicle trip standpoint would this generally be less vehicle trips per day than say several more retail type stores that actually attract retail use as a general discussion. MacCoy: That's a general statement too because you can take the stores that would answer that question for you or you could pick the stores that have less. Nelson: I just don't think that — I think the traffic may be also less than some of the alternatives. Anyway I'm done. MacCoy: It's up to you now. You're up to the podium. Unidentified: I have not been unhappy with Jabil. They've been very cooperative and the people have been trying to work with us to the point they can. They didn't have all the knowledge and I'm sure they're going to try to build as beautiful a place as they can. But still we're facing the fact that we're told by realtors that our property is going to go down in value. There's not much I can about that and the stupid statement you made of buying the property, I'm a poor working stiff. I can't come up with the kind of money to the 55 acres across the street from me. If I could I would have bought it a long time ago. I was lucky to come up with the money to buy one acre that I built my house on and tried to make it as beautiful and nice to live in as I possibly could. I put a lot of money and time and labor into landscaping and beautifying my place and I hate to see that lost. MacCoy: Well Commissioner Nelson raises and so did Commissioner Borup down here that you keep mentioning that we had the same thing and we talked about the big complex that went in at Fairview and Eagle and we had another one go some place else and they always come in and say well the real estate people say my lot is going to go down. I did a lot of research on some of this stuff and your lot will if you hold it for a period of time say three to five years, it's going right on up and you heard the gentleman here from Jabil say that you look at the employee is going to live there. He wants to live close too and that's what happened up at Hewlett Packard. Places up there, they said the same thing, their property was going down. Try to buy one up there now. Unidentified: I worked that area as police officer for 15 years and I know and most of that was not even built when Hewlett Packard built. Most of that has been built since. MERIDIAN PLANA AND ZONING 0 FEBRUARY 9, 1999 PAGE 83 MacCoy: That's right. That's what he's saying here too. Unidentified: It does not actually — it may abut their property, but it's not out there on Chinden where the traffic is. It's back in off of McMillian and Cloverdale. MacCoy: I think you'll find out that in time it does the reverse situation. It may drop at the present moment, but — Unidentified: I hope you're right. MacCoy: I think from what I've done for studies in the last year, I know it's right. Unidentified: You know I haven't personally contacted a realtor to find out. I'm just listening to other people. I appreciate your time. MacCoy: Okay. Anybody want to make one more statement? We got to get this thing closed. We got some more tonight. We're usually here until 2:00 in the morning. Unidentified: I just want make a comment. There was a comment made in regards to — I work at Hewlett Packard. I've been there for 20 years so in regards to houses that are abutted to the property, first of all they weren't there and the houses do look the opposite direction so they don't have to look at the building. They're all posed in the opposite direction so they don't look at that building. MacCoy: Well that may be the case for that particular section. Unidentified: And for the Five Mile location where that other house was, that's more than a half mile a way from that. I mean — (Inaudible) Unidentified: It abuts the property half mile away from the actual building site though. Because I was in facilities like the other person here Scott and I know those dimensions and I realize there's some planning and zoning with some other buildings that did get built later on. But I just want to make sure that everybody knows that they're not looking directly at it. I mean it's a lot different if you're looking the opposite direction. I mean if I was looking at Bogus Basin direction, it might not be so bad, but I am looking directly at it. So I look out my picture window and that's what I see. MacCoy: Maybe you can sell it to somebody who wants to see that view. All right. Commissioners are you ready to take this to a motion? MERIDIAN PLANA AND ZONING 0 FEBRUARY 9, 1999 PAGE 84 De Weerd: Well I would be interested from Shari and then I know Bruce has a comment, but what on that landscaping and wanting to berm that so the residents have some relieve from the parking lot, what would be a minimum that you would suggest to require? Borup: Are you talking a minimum of berm height or a minimum amount of landscaping? De Weerd: A minimum in width and perhaps height. Stiles: I guess I would suggest a minimum four to six feet. They are going to run into some problems there with the Hunter Lateral. If it is tiled the irrigation district will not allow more than three foot of cover over the pipe. And there will be no trees allowed in that easement. De Weerd: Are they assuming in this drawing that they are using that easement? Stiles: They are not. They are showing it as green space, but they are not showing any trees within that easement because I don't believe Nampa Meridian would let them do that. De Weerd: Then within that easement then they can start grading it up from there from the minimum three feet that the irrigation — Stiles: If they got a license agreement with Nampa Meridian to allow them to do that. (Inaudible) MacCoy: Well I think I'm not even considering that right now. I'm trying to get Commissioner De Weerd and our staff worked out. What he's doing right now is not part of this. That's something that we can address later on. De Weerd: Well no I feel that it should be a condition. It's a concern of the residents and where we can provide some — MacCoy: I think it's just depending on the fact that we're going to have to do what's because they're not far enough along in the design anyway to tell us exactly what they're going to have. De Weerd: This will give them our expectations. MacCoy: Well I have different expectations that looking at that to what I'm going to end up doing when I look at it anyway. If they can only get three feet, maybe MERIDIAN PLANA AND ZONING FEBRUARY 9, 1999 PAGE 85 we want more. I hate to end up doing less when we couldn't get more or having to say more and we can't make it. Borup: Maybe while we're waiting just a comment for thought and I wanted to ask the same thing I think Commissioner Nelson was eluding to you may want to think about is again would you rather have a single occupant on here with a landscaped area or half a dozen different business. You might ask the real estate agents the same question on property values which they feel would be the most detriment. Other types of retail businesses with traffic all day long, that type of thing or a single use business. It sounds like Shari is ready to answer. Stiles: It's real difficult to answer without — I mean this isn't a design review. It's a request for a rezone. Staff wouldn't be concerned about the crown of the road and the height of the berm above the crown of the road. You're going to have a five lane roadway there. It doesn't make much difference how high the berm is above that roadway. What is going to make a difference is how high the berm is above the surface of the parking lot where you're going to have headlights and the impact from those headlights and I think the four to six feet above the level of that parking lot is going to be more the adequate to buffer the adjacent residential from that impact. MacCoy: She's right. De Weerd: Are we going to have a site design review then? Is that what you're saying? Stiles: The reason the applicant has requested this rezone is so they can have the entitlement of that rezone to permit this use. The zoning ordinance does not allow as a permitted use or as a conditional use for whatever reason this type of facility. Even though in the — we have Computrol in a C -G zone, but that entire development was done as a planned development and they had requested those uses when they came in. They could have done the conditional use that would show the full site plan, all the elevations everything else, but they chose to ask for a rezone and that was suggested not only by our legal counsel, but agreed to by staff so that they did not have to go through two separate processes to get the thing started. They're going to have extensive requirements with Ada County Highway District. I know Stan had mentioned earlier that they had a 28 foot roadway. It will be a collector road. It will have more than a 28 foot roadway that will eventually go through to Locust Grove, but there are also other uses that are going to come before this body on the remainder of that property at some point. De Weerd: But as far as the berm goes between Jabil and the residents, will they have a chance for input on that? Stiles: No, not necessarily no. MERIDIAN PLANNIRG AND ZONING 40 FEBRUARY 9, 1999 PAGE 86 De Weerd: So if we don't build any minimums in here, it's just in whose hands? Borup: Can that be included in the development agreement? Stiles: Sure. MacCoy: I don't see why not. We're getting ourselves off track here. We got to get out of this place eventually. Stiles: You can as a condition of the rezone, you can put all kinds of stipulations on that if you choose. MacCoy: That's right. We've just been doing it here in the past months here on jobs. Borup: Okay so we can do some things that would address some of the neighbors' concerns. MacCoy: That's right. De Weerd: That's what I am getting at. Borup: So the answer is yes. De Weerd: That's what I'm trying to determine. What kind of conditions we want to put on. Borup: Whatever we want. De Weerd: A minimum of the four to six foot height on the berm from the parking lot and width. Borup: Well you go that high. You can't get four to six feet in ten foot. MacCoy: No you can't. You're right. Borup: So that automatically then means you're going to have — De Weerd: They say a minimum of 40 feet once they improve the road then. Borup: I think there's some question on how much you really have there along the canal because that's already a buffer. That's already a nature buffer and you may not have as much room there depending on whether Nampa Meridian and encroachment agreement. MERIDIAN PLANNING AND ZONING • FEBRUARY 9, 1999 PAGE 87 De Weerd: Steve, do you have anything you would like to add? Unidentified: I would think that a four to five foot high berm with a minimum width of 25 feet in addition to the right-of-way for the canal since that cannot be landscaped or bermed would be adequate. De Weerd: Thank you. MacCoy: Are you ready to come up with — De Weerd: I think Bruce had perhaps — did you have anything more to add? Okay. MacCoy: I want to get the issue finished of what we're actually suppose to be finishing here. De Weerd: Well I would move that we close the public hearing. (Inaudible) De Weerd: I can withdraw that. MacCoy: Okay. De Weerd: I don't have a second anyway MacCoy: You're going to be the end. We got to get out of this place tonight. We're going to be here until 2:00 in the morning. SID BLACK 1000 S. LOCUST GROVE Black: My name is Sid Black and I'm at 1000 S. Locust Grove and I basically was too afraid to get up before but I feel like after the neighbors have talked I really need to express my concern. It sounds like it's a done deal. I would have liked to have been included in the invitation to discuss this when it first came about. I wasn't (inaudible) De Weerd: Can you speak into the mike? Black: I wasn't one of the ones that was lucky enough to get an invitation, but it sounds like it is a done deal and I would just say that a lot of these people have invested what they have and don't have any more so that and I appreciate your efforts here and I would appreciate just taking your consideration with any decisions that are made to help the home owners. My street will be the one MERIDIAN PLANA AND ZONING • FEBRUARY 9, 1999 PAGE 88 where the driveway comes through. All the traffic will come out. So I'm affected as well but I think I'm more touched by the people my neighbors that have spoken here so thanks for giving me a chance to say something. Borup: Mr. Chairman I would like to ask her a question. MacCoy: All right. Borup: And it's the same question I've wanted to ask some of the other neighbors, but I assume you realize that something was going to go there some day. Some type of commercial business or was that something you were not aware of. Black: No, I have to be real honest on a personal level I've dealt with personal tragedy so I haven't really had a — I hadn't thought too much about it. Borup: Okay I mean the property has been zoned for a number of years for commercial usage, so something was going to happen. And I think that — Black: And I appreciate that. Borup: And I think what we hope to do is make something that's going to be the best for the neighborhood. Black: I hope that happens. That's basically what I'm saying. It sounds like it is a done deal. Borup: Whether if this was denied something else is going to go there only they won't even be here. Nobody would get any input would be the difference. Black: Thank you. MacCoy: And just one more for you that's what this commission is all about is to see to it that the citizens get the best shake we can from the development going in and that's to do with landscaping and lighting and access and all of those things even to the point of the coloring of the building and the roof of the building and so on. We look to see for a good architectural piece. That's what you got to face. Black: Could I ask just one more question? Was this already approved before tonight? Or did anything of what we say make a difference? MacCoy: This is the first time Nelson: And I've commented MERIDIAN PLANNIO AND ZONING FEBRUARY 9, 1999 PAGE 89 Black: Is Mr. Hon here? No. MacCoy: Commissioner Nelson wanted to answer you here. Black: But the decision is going to be made now. It wasn't made before we got here? Nelson: That's correct. Black: Oh, that's good to know. Nelson: And we hadn't seen the applicant before and from experience the way I've looked at a lot of these developments today than I did a year and a half ago, after I've seen a lot of things come through P & Z when we're up here saying that this could be better than the unknown it's mostly because we've dealt with it. We're not trying to just to drop this in the bucket and get some tax revenue. That's not what we're here for. Black: I appreciate that, and as far as the time goes, we sat through all the other hearings and I would have sat here all night for any one of the other people that were here. Thanks. MacCoy: All right. Staff do you have anything else to add to our position right now? If not Commissioners, we're back to you. Commissioner De Weerd you had started on something. Nelson: I'd like to make a motion that we close the public hearing. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES. MacCoy: Okay what's your motion now? De Weerd: My inclination is to do a speech but I'm not going to. So I won't. Your comments do make a difference and if no one was here that looks like a nice design and we wouldn't concern ourselves with what buffer this business between your residents and the new business coming in so it does make a difference and we're trying to be conscientious to make sure that your concerns are somehow reflected in what's designed there. So we need to be fair on both sides of it as well. MERIDIAN PLANA AND ZONING FEBRUARY 9, 1999 PAGE 90 (Inaudible) De Weerd: I'm glad to see the cooperation between both parties Nelson: Do we have some bullet items we'd like to list that we'd like staff to take care in the development agreement? De Weerd: Well of course my interest is in that berm that would abut the properties and the concerns of the residents here that you have the four to six foot berm where it can be I guess it should be stated maybe three to six foot berm and that it be 25 feet in addition to the canal easement and I guess that would cover my concerns and the development agreement be required. MacCoy: That's good. Okay what else? Borup: That was the main concern I think I had. A lot of the other issues lighting and that kind of thing are already city ordinances. Staff covers that very explicitly and I don't think there's a concern on a lot of the other things that could be a problem. De Weerd: Well and that development agreement would restrict the use to anything other than what we're approving. Correct? Stiles: I wasn't proposing that it would limit it to strictly this one use because they do have the other property. I mean developed, but the — De Weerd: The scary things. Stiles: Yeah. Asphalt and concrete and — De Weerd: Perhaps that scary thing can be defined. It will be defined in the development agreement. Stiles: Yes and the development agreement will be approved by City Council and it will a public record. It will be a recorded document prior — it will be prior to the actual rezone taking place. Borup: So is the policy for the development agreement to list the restricted uses or to list the approved uses? MacCoy: List the approved uses. We just did it last month. Borup: Or can it go either way? Stiles: It can go either way. MERIDIAN PLANNIQ AND ZONING FEBRUARY 9, 1999 PAGE 91 MacCoy: You strike out the ones you don't want. Borup: And then everything else is listed in the approved zoning would be approved. Okay. De Weerd: I have nothing further. MacCoy: Okay I need a motion in here. De Weerd: Okay. (Inaudible) Rossman: Sir the public hearing has been closed. De Weerd: Shari would I need to go line by line on what we're recommending should not be allowed? Borup: Or do you have a preliminary recommendation at this point? Or would that be covered at the public hearing at the City Council? MacCoy: That's where it's covered. That's where they had that last one. We did ours and then they did it from there. Borup: Yeah all we can do is make recommendations. Stiles: We could have additional staff comments available for the City Council should you choose to recommend approval and send this on it would go to City Council for another public hearing on March 16tH Nelson: And at that time these people could get access to that agreement prior to the public hearing; is that correct? Stiles: Possibly if we have it completed by then. I'll have to work with the city attorney. De Weerd: Mr. City Attorney is that a possibility? Is that doable? That you will work with — Rossman: Mr. Gigray will work with Shari Stiles to prepare a development agreement. De Weerd: Okay, so I do not need to specify this in my motion Mr. Attorney. MERIDIAN PLANA AND ZONING 0 FEBRUARY 9, 1999 PAGE 92 Rossman: My recommendation is that you specify the development agreement in your motion. De Weerd: Okay yeah but not the specific scary things not to include? Rossman: My recommendation is that you put into your motion what you want to recommend to the City Council that they do and if that includes the particular items of any extraordinary items in the development agreement then you should identify them. Borup: Shari would this be similar to the items listed in the subdivision to the south here? The one off Franklin? Barnes' subdivision, I forgot the name of it. Stonebridge. Didn't have that similar things? There were some specific items in there that was not allowed. Stiles: That's right. They chose to specifically exclude some of the uses that are permitted in that zone. MacCoy: We did the same thing last month or this month with the one up on Eagle the Engineering Office, Hubble. Borup: I think the neighbors should feel comfortable that the City doesn't want objectionable uses in an area like that, and they're going to be very careful to make sure those are not included. De Weerd: Can this list be available to them before the next public hearing? Stiles: Our recommendations could be made available to them sure. De Weerd: Okay thank you. Well I move that we approve the annexation of .53 acres and rezone of 55.79 acres with the following conditions that the berm — Borup: Rezone from what to what? De Weerd: Oh, I'm sorry. From C -G to I -L and that that would include conditions requiring a development agreement that the berming along the Locust Grove side abutting the adjacent neighbors would be three to six foot high in height and 25 feet in addition to the canal easement. Borup: Second. MacCoy: Okay. All in favor? MOTION CARRIED: ALL AYES. MERIDIAN PLANNIQ AND ZONING • FEBRUARY 9, 1999 PAGE 93 MacCoy: That takes care of that. We're going to adjourn for ten minutes. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA — NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4T" STREET: MacCoy: Okay let's reconvene here. It's now midnight and we're only halfway through our agenda, so we're going to be here for a while. Staff what do you got? Shari, do you want us to come back to you or what? Stiles: Chairman McCoy, Commissioners, this is for an infill project that's located at the end of Idaho Avenue. It is zoned R-15. It permits with a conditional use permit the apartments that they have proposed. They're showing a 60 foot roadway which is the existing right-of-way I believe through there. Ada County Highway District I think in their comments said they could taper that back down to the 50 foot right-of-way which will allow them to have some additional landscaping. It looks like they're a little shy on some of their widths maybe not. Borup: I don't think it shows any landscaping width. Isn't that just an easement? Stiles: Well I don't see a landscape plans that's been proposed as part of this application. That would need to be approved as part of this application. They would need to have a minimum of 4 feet of landscaping between the right-of-way and any parking area. They do not have direct access to either Pine or Broadway at this time. The property has been split up extensively in this area, but they're proposing the — they're going to have garages and with the garages and the driveways should be able to have more than adequate parking to meet the ordinance requirements. I didn't specifically check the lot sizes, but in my pre -application meetings with the applicant's engineer surveyor we detailed those requirements. I believe Bruce probably has some comments about sewer and water issues. Freckleton: Mr. Chairman and members of the Commission as far as existing services to the site, sewer is going to have to come in from Pine Street. You can see on the plan they have a ten foot wide ingress/egress easement that comes in from Pine Street into the site. That's where the sewer would have to traverse. I've talked with Colleen Marks about the need for a 20 foot wide easement for that utility going through there. She didn't see a problem with that. Water is existing in Idaho Street. It would have to be extended on to the west. That kind of takes care of sewer and water. The applicant is probably going to be talking about the pressurized irrigation situation and we'll let him make that presentation and if there are any questions I can follow up with that. Brad Hawkins -Clark, Assistant Planner eR1__#Z-- CITY OF MERIDIAN Re: Request for Annexation and Zoning to I -L of 0.53 Acres and Rezone from C -G to I -L of 55.79 Acres by William A. Hon We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. This application is for a parcel of land north of I-184 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove. The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent I-84 right-of-way. I assume that the description in the application (55.953 acres) is the proper description to use for the rezone. Please clarify this situation, and submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Hon.AZ.RZ • • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 MEMORANDUM: February 5, 1999 FECEIvLD To: Planning &Zoning Commission/Mayor & Council p FEB - 5 1999 From: Bruce Freckleton, Assistant to City Engineer` Brad Hawkins -Clark, Assistant Planner eR1__#Z-- CITY OF MERIDIAN Re: Request for Annexation and Zoning to I -L of 0.53 Acres and Rezone from C -G to I -L of 55.79 Acres by William A. Hon We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. This application is for a parcel of land north of I-184 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove. The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/2 of the adjacent I-84 right-of-way. I assume that the description in the application (55.953 acres) is the proper description to use for the rezone. Please clarify this situation, and submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Hon.AZ.RZ 0 0 P&Z Commission/Mayor & Council February 5, 1999 Page 2 4. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. The applicant shall enter into a Development Agreement with the City, the content of which should be negotiated and determined between staff and the applicant. Based upon preliminary review of the Jabil site plan and the proposed landscaping, parking design, building location and other zoning issues, staff anticipate no significant design changes to land use. Hon.AZ.RZ 0 0 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION OF .53 ACRES AND REZONING OF 55.79 ACRES BY WILLIAM A. HON REZONE: Case No. AZ -99-001 RECOMMENDATION TO CITY COUNCIL INTRODUCTION IV �� MAR � � 1999 city of irk Off � city t`1e 1. The property is approximately 55.79 acres in size. The property is located to the north of I-84 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is designated as the Jabil Circuits development. 2. The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 3. Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 4. The property is presently zoned by Ada County as General Retail and Service Commercial (C -G), and consists of undeveloped agricultural land. 5. The Applicant requested the property be zoned as Light Industrial (I -L). 6. The proposed site of the subject property is surrounded by residential, commercial, office and light industrial development. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND REZONING - WILLIAM A. HON - JABIL CIRCUITS • 0 7. The subject property is within the City limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech manufacturing facility. 10. The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The Meridian Planning and Zoning Commission takes note of and acknowledges the correspondence of Roger Osterhues and Lynn Osterhues of 975 S. Locust Grove Road, Meridian, Idaho, dated February 9th, 1999. ANNEXATION 1. The property is approximately .53 acres in size. The property is generally located to the north of I-84 and south of the State of Idaho Department of Law Enforcement facility between Statford Drive and Locust Grove . The property is RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND REZONING - WILLIAM A. HON - JABIL CIRCUITS 0 0 designated as the Jabil Circuits development. 2. The owners of record of the subject property are William A. Hon, Ronald L. Hon and William E. Norris, of P.O. Box 828, Boise, Idaho 83701. 3. Applicant is William A. Hon, of P.O. Box 828, Boise, Idaho 83701. 4. The property is presently zoned by Ada County as Rural Transition (RT), and consists of undeveloped agricultural land. 5. The Applicant requests the property be zoned Light Industrial (I -L). 6. The City limits of the City of Meridian are adjacent and abut to the north, east and west of the subject property. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. S. The Applicant proposes to develop the subject property in the following manner: Construct and operate a high-tech manufacturing facility. 9. The Applicant's requested zoning of the subject real property as Light Industrial (I -L) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 10. There are no significant or scenic features of major importance that RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND REZONING - WILLIA.M A. HON - JABIL CIRCUITS affect the consideration of this application. 11. The Meridian Planning and Zoning Commission takes note of and recognizes the correspondence of Roger Osterhues and Lynn Osterhues of 975 S. Locust Grove Road, Meridian, Idaho, dated February 9th, 1999. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning of the .53 acres and rezoning of the 55.79 acres as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The legal description supplied in the application describes a parcel that is 55.953 acres. In order to prepare an ordinance for annexation, a separate description will be required for the 0.53 acres. Said description should include 1/z of the adjacent 1-84 right-of-way. Applicant shall submit a description for the 0.53 acres. The new description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place the subject parcel contiguous to the existing city limit boundary. 1.2 Any existing irrigation/drainage ditches crossing the property to be included in this proj ect, shall be tiled per City Ordinance 11-9- 605 . M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND REZONING - WILLIAM A. HON - JABIL CIRCUITS • 0 requested for tiling of any ditches crossing this project. 1.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.5 The Applicant shall enter into a Development Agreement with the City, the content of which should be negotiated and determined between staff and the Applicant. Based upon preliminary review of the Jabil site plan and the proposed landscaping, parking design, building location and other zoning issues, staff anticipate no significant design changes to land use. Adopt the Nampa &_ Meridian Irrigation District Requirements as follows: 1.6 The Developer must contact the Nampa &_ Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. 1.7 A Land Use Change Cite Development Application must be filed for review prior to final platting. 1.8 All laterals and wasteways must be protected. 1.9 All municipal surface drainage must be retained on site. 1.10 If any drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.11 The Developer must comply with Idaho Code § 31-3805. 1.12 It is recommended that irrigation water be made available to all developments within the Nampa &_ Meridian Irrigation District. RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND REZONING - WILLIAM A. HON - JABIL CIRCUITS • 0 The Planning and Zoning Commission further advises: 1.13 Any development agreement between the Applicant and the City will provide that the berming along the Locust Grove side abutting the adjacent neighbors be 3' to 6' in height and 25' in addition to the canal easement. Z:\Work\M\Meridian 15360M\Jabil Circuits\RZAnnex.Rec RECOMMENDATION TO CITY COUNCIL - 6 ANNEXATION AND REZONING - WILLIAM A. HON - JABIL CIRCUITS City of MFriaian TRANSMITTAL TO AGENCIES FOR COMMENTS OP il*,4&fOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, CIC _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT ]R POLICE DEPARTMENT C ITY ATTORN EY _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(PRAKIM & FINAL) IDAHO TRANSPORTATIO P RTMF IT ADA COUNTY (ANNEXAT YOUR CONCISE REMARKS: 0 • HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING 14 ,CE-� r -L.ID DEPARTMENT KEITH BIRD E (208) 884-5533 JAN 1 5 1999 City of MFriaian TRANSMITTAL TO AGENCIES FOR COMMENTS OP il*,4&fOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, CIC _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT ]R POLICE DEPARTMENT C ITY ATTORN EY _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(PRAKIM & FINAL) IDAHO TRANSPORTATIO P RTMF IT ADA COUNTY (ANNEXAT YOUR CONCISE REMARKS: City of Meridian TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT AFIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS. r j rob la 12,v-jvx,,4 • • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (2 08) Council CITY OF MERIDIAN Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON _ Phone (208) 888-4433 • Fax (208) 887-4441 V, IVE]&NNING AND ZONING J DEPARTMENT KEITH BIRD JAN 2 1 1999 (208)884-5533 City of Meridian TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION OF .53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT AFIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS. r j rob la 12,v-jvx,,4 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall �ftn-:Will:Ber�,y Clerk by: February 2, 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE:_February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION 017.53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z Mayor HUB OF TREASURE VALLEY ADA COUNTY HIGHWAY DISTRICT ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN NAMPA MERIDIAN IRRIGATION DISTRICT CHARLES ROUNTREE 33 EAST IDAHO PUBLICB4-4264 WORKS BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (708) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 8874813 PLANNING AND ZONING KEITH BIRD _SEWER DEPARTMENT DEPARTMENT _BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall �ftn-:Will:Ber�,y Clerk by: February 2, 1999 TRANSMITTAL DATE: January 14, 1999 HEARING DATE:_February 9, 1999 FILE NUMBER: AZ -99-001 REQUEST: ANNEXATION 017.53 ACRES & REZONE OF 55.79 ACRES BY: WILLIAM A. HON LOCATION OF PROPERTY OR PROJECT: NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY WEST OF LOCUST GROVE ROAD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) _SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) _FIRE DEPARTMENT _POLICE DEPARTMENT YOUR CONCISE REMARKS: C ITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES REcErvED JAN 19 1999 CITY OF MERIDIAN RECEIVFn JAN 15 19°9 V'-oan City Iliatet Supesntender+t CW ENTRAL CEN DISTRICT HEALTH DEPARTMENT Rezone #/1���``XT/� Conditional Use # Preliminary / Final / Short Plat L DISTRICT HEALTH DEPARMENT Environmental Health Division Return to: ❑ Boise ❑ Eagle ❑ Garden City _Meridian ❑ Kuna ❑ ACz R I. We have No Objections to this Proposal. JAN 2 5 1999 ❑ 2. We recommend Denial of this Proposal. CITY OF IMFRIDWN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: ! /20 Reviewed By: CDHD 10/91 rc6, rev. 7/91 Review Sheet 20 January 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 • RECEWE D JAN 2 5 1999 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Annexation of .53 Acres & Rezone of 55.79 for William A. Hon Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Hunter Lateral courses along the east corner of the project. The right-of-way of the Hunter Lateral is 40 feet; 20 feet from the center each way. Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 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. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 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 cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0 4) Roger & Lynn Osterhues 975 S. Locust Grove Rd. Meridian, ID 83642-6271 February 9, 1999 ATTN: SHARI STILES PLANNING & ZONING COMMISSION 200 E. CARLTON, STE. 201 MERIDIAN, ID 83642 RE: Request by William Hon for annexation and zoning of .53 acres of land and rezone of 55.79 acres of land to I -L for Jabil Circuits Having lived next to the above -referenced site for 19 years, we would like to voice our concerns about the requested zoning change. Our 3 -acre property is surrounded on 3 sides by the above land, so we obviously will be directly affected by these changes. We have always been aware that the site was zoned C -G, and with that would come more traffic, etc., but Jabil's plans are on a larger scale. Our primary objections are about how the land is being developed, which best suits Jabil's needs, but will dramatically alter the lives of those in close proximity. Instead of buildings becoming buffers for the increasing noise from I-84, we will be surrounded by asphalt, so it will be even worse (not to mention the heat). We're all for progress, but after tripling our property value, a consultation with a realtor determined it would decrease after the rezoning. That hardly seems fair, after 19 years of blood, sweat & tears fixing up this place! Who wants to live next to or across from a parking lot - as four neighbors will be (also long-time residents). The late shifts and potential 1000 employees will necessitate unimaginable amounts of security lighting in the lots - all shining brightly in our windows (some of them bedrooms). The added traffic will be a nightmare; it's already difficult getting onto Franklin with the ever- increasing development in Corporate Park and on Eagle Road. The easement next to us will become a continuation of Central Avenue, which we expected, but will also carry industrial traffic, which we did not expect with a C -G zoning designation. Our last, but by far not our least, objection is our tremendous loss in quality of life. Admittedly, we have been spoiled by having front -row seats to our gorgeous Meridian, ID sunsets! With the Owyhee mountains in the background, they're beyond words. At least we can look at the many photos we have taken over the years when our view is blocked by a 34' tall building. We realize Jabil will be an asset to our community if the rezoning is approved, but for us, and four of our neighbors, they're a little to close to our comfort zones. Thanks for listening. Sincerely, e"CIZOO-STERIJUES L4M 6"W__ OSTERHUES Tres 1s ou2,''REn1r�E��n16' " OF SOW -rHC feb?056P -->lt'E DEVCLCAVA -r WILL-,6ue-K putt Su►JSG-�'s • • f-eceNed, Z -q -4q AUTHORIZATION I, JACK MARTIN, hereby authorize Randy J. Wolters of 1080 South Locust Grove, Meridian, Idaho, to represent my interests at the pubic hearing at the Meridian City Hall on February 9, 1999 regarding the review and consideration of the application of William Hon for annexation and zoning of approximately .53 acres of land and the rezone of 55.79 acres of land, which is generally located north of I- 84, south of the State of Idaho Law Enforcement Facility, and west of Locust Grove Road. I will be out of town on February 9, 1999 and therefore unable to attend the meeting. to DATED this �O day of February, 1999. J K MARTIN Witness: Interoffice Memo Date: March 16, 1999 To: MAYOR & COUNCIL Cc: file From: GARY D. SMITH, PE RE WILLIAM A. HON (JABIL CIRCUITS) - RECOMMENDATIONS FROM P&Z TO COUNCIL This is an annexation and rezoning request. Paragraph 1.5 of the Recommendations talks about the requirement of a Development Agreement. I am concerned about the quality of effluent to be discharged to our sewer system and request the development agreement specifically address pretreatment requirements. I have asked for information from Jabil representatives about the quality of effluent they discharge from their operations and to date have received nothing. This is a very important issue and must be addressed sooner than later. GDS Roger & Lynn Osterho 975 S. Locust Grove Rd. Meridian, ID 83642-6271 February 9, 1999 ATTN: SHARI STILES PLANNING & ZONING COMMISSION 200 E. CARLTON, STE. 201 MERIDIAN, ID 83642 RE: Request by William Hon for annexation and zoning of .53 acres of land and rezone of 55.79 acres of land to I -L for Jabil Circuits Having lived next to the above -referenced site for 19 years, we would like to voice our concerns about the requested zoning change. Our 3 -acre property is surrounded on 3 sides by the above land, so we obviously will be directly affected by these changes. We have always been aware that the site was zoned C -G, and with that would come more traffic, etc., but Jabil's plans are on a larger scale. Our primary objections are about how the land is being developed, which best suits Jabil's needs, but will dramatically alter the lives of those in close proximity, Instead of buildings becoming buffers for the increasing noise from I-84, we will be surrounded by asphalt, so it will be even worse (not to mention the heat). We're all for progress, but after tripling our property value, a consultation with a realtor determined it would decrease after the rezoning. That hardly seems fair, after 19 years of blood, sweat & tears fixing up this place! Who wants to live next to or across from a parking lot - as four neighbors will be (also long-time residents). The late shifts and potential 1000 employees will necessitate unimaginable amounts of security lighting in the lots - all shining brightly in our windows (some of them bedrooms). The added traffic will be a nightmare; it's already difficult getting onto Franklin with the ever- increasing development in Corporate Park and on Eagle Road. The easement next to us will become a continuation of Central Avenue, which we expected, but will also carry industrial traffic, which we did not expect with a C -G zoning designation. Our last, but by far not our least, objection is our tremendous loss in quality of life. Admittedly, we have been spoiled by having front -row seats to our gorgeous Meridian, ID sunsets! With the Owyhee mountains in the background, they're beyond words. At least we can look at the many photos we have taken over the years when our view is blocked by a 34' tall building. We realize Jabil will be an asset to our community if the rezoning is approved, but for us, and four of our neighbors, they're a little to close to our comfort zones. Thanks for listening. Sincerely, RdGEZOSTERHUES L�u 0�4Lw_ OSTERHUES 'b3 n P'T