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HomeMy WebLinkAboutIdaho Baseball Academy CPA 99-007WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATHY J. EDWARDS JuL>6 KLEIN F[scBm WM. F. (AGRAY. In D.SAMun-JoHNsoN WILLIAM A MORROW WILLIAM F. NICHoLs CHRISTOPHm S. NYE PHILIP A. PErmsoN STEPHEN L. PRuss ERIC S. RossMAN TODD A. RossMAN R. STEPHEN RuTHERFoRD DAvID M. SwARTLEY TERRENCER- WHITE William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AvENVE NA WA OFFICE POST OFFICE BOX 1150 104 NINTH AvFNVFSouTH MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 537 NAMPA, IDAHO 83653-0247 TEL. (208) 466-9272 TEL (208) 288-2499 FAX (208) 4664405 FAX (208) 288-2501 PLEASE REPLY TO MERIDIAN OFFICE E-MAIL: RSR@WPPMO.COM FWEIVED OCT 2 8 19999 October 27, 1999 CITY OF MERIDIAN Re: Comprehensive Plan Amendment, Single Family Residential to Mixed Planned Use for the northwest corner of Amity Road and Meridian Road, by Idaho Baseball Academy, Inc. Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November3, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, R. Stephen Rutherford Enclosure ey/Z:\Work\M\Meridian 15360M\Idaho Baseball Academy\CclkEnc.ltr PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 November 3, 1999, for the purpose of reviewing and considering the application of Idaho Baseball Academy, for an amendment to the Meridian Comprehensive Plan and Map from single family housing to mixed planned use development which is generally located at the northwest corner of Amity and Meridian Road. 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 8th day of October, 1999. WILLIAM G. BERG, JR:, CI CLERK \;`e\�„alta wrrrrtrrr �� PUBLISH October 13 and 27, 1999. ** TX CONFIRMATILII REPORT -- DATE TIME TO/FROM 18 10/07 16:38 208 886 1097 AS OF OCT 07 '9516:39 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'31" 001 138 OK PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 November 3, 1999, for the purpose of reviewing and considering the application of Idaho Baseball Academy, for an amendment to the Meridian Comprehensive Plan and Map from single family housing to mixed planned use development which is generally located at the northwest corner of Amity and Meridian Road. 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 8'" day of October, 1999. PUBLISH October 13 and 27, 1999 y �G WILL G. BERG, JR., CI CLERK t��,urrtrnrr/rrr N\ -0 r�r4 SEAL 76 ® . rr1/r/roil rillUtllp 0 • PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 6:30 p.m. on September 30, 1999, for the purpose of reviewing and considering the application of Idaho Baseball Academy, for an amendment to the Meridian Comprehensive Plan and Map from single family housing to mixed planned use development which is generally located at the northwest corner of Amity and Meridian Road. 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 3`d day of September, 1999. WILLIAM G. BERG, JR., 0TY CLERK PUBLISH September 8t" and 22nd 1999. 77 E r Sr':A�L S ** TX CONFIRAN REPORT ** AS OF SEP 03 1013:14 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS -- 12 09/03 13:14 208 888 1097 EC --S 00'32" 001 056 OK ------------------------------------ PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) 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 6:30 p.m. on September 30, 1999, for the purpose of reviewing and considering the application of Idaho Baseball Academy, for an amendment to the Meridian Comprehensive Plan and Map from single family housing to mixed planned use development which is generally located at the northwest corner of Amity and Meridian Road. 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 3`d day of September, 1999, PUBLISH September 8t' and 22nd 1999 WILLIAM G. BERG, JR.�TCLERK �I1111V 1l1tf flff SEAT, _ 'f!!!, Nall 111% 100 DAHO BASEBALL ACADEMY, INC. 1208 N. ORCHARD 208-388-0724 BOISE, ID 83706 PAY TO THE ORDER F -7 1532 92-315/1241 4 c y 01 q DAT ` � 1 $ /,, j,00 DOLARS Baa,,o 4 F SYRINGA BANK 1299 North Orchard Street 6oisc. Idaho 33706 FOR 1: 1 241037571:0 10 200 9 3 4 711' 153 2 � G D U Z n 0 0 z c a CDI D Z O o Q 0 u CD (D 00 C W m Oc m a n 0 o t`Q n 3 c � ti V' d > a s c> m a z a C _ u p m O � W 1 n a x r D 0 0 c G -- — --- ---- -- — -- ---- — - `J C C M Cr 22Ca O O 2)w -� CP m —1,1 Q W 0 CD W°<� N .� D Z HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 16, 1999 TRANSMITTAL DATE: AUGUST 31, 1999 HEARING DATE: SEPTEMBER 30,199 FILE NUMBER: CPA -99-007 REQUEST: MODIFY COMP PLAN FROM SINGLE FAMILY HOUSING TO MIXED PLANNED USE BY: IDAHO BASEBALL ACADEMY LOCATION OF PROPERTY OR PROJECT: NW CORNER OF AMITY AND MERIDIAN RD. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER JR, 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 SANITY SERVICES _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMAR l • CITY OF MERIDIAN 200 East Carlton Avenue, Ste. 201, Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 AUG 13 1999 CITY �.PA.- cict -00-1 COMPREHENSIVE PLAN AMENDMENT APPLICATION APPLICANT: Aca PHONE: 2 3 O'k 0 7 2 ADDRESS: F370y OWNER: _ S --r uy L A-WS'e rJ PHONE: Ut 3-7 99f/ ADDRESS: '72q q W t e o Lo,1 4 L�"1�� - �w'�r � r 8 0 9 GENERAL LOCATION: CZetl eY Of 46V A r LEGAL DESCRIPTION OF PROPERTY: 5L=C A-TrAcyc- n PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: 24 VICINITY SKETCH: A vicinity map and/or site plan at a scale approved b 00 L� 1� D . property lines, existing streets, easements, and such other items as the City t �a `7 copies). Fee: 1 100.00 I hereby certify that the information contained herein is true and correct. I also certify that I will post the property one (1) week before each public hearing. %�L'1T;� SIGNATURE: 'T' AUG 9 G 1999 City of Meridian City Clerk Office 0 0 1 Specific definition of the change requested: Idaho Baseball Academy, Inc. requests that the current comprehensive plan as drafted by the City of Meridian be modified. The request is to change the proposed zoning of described land (as now shown on Generalized Land Use Map) from the Single -Family Housing designation to Mixed Planned Use Development Area( as described on page 17 of Meridian Comprehensive Plan book). 2 Specific information on any property involved: The said piece of property has one major characteristic paramount in considering this request. The Northwest Pipeline Corporation has two major natural gas lines that run through the said property(see attached map). These lines also have a 75 foot rightaway owned by the company. In considering the ramifications that could arise should a housing development be built over these gas lines (mainly the problems that occur when the lines needs repair), the proposed baseball complex is designed so that the lines are covered primarily by grass areas for easy access and speedy repair. There is no city water or sewer at the present time also. With the water rights bestowed on this property, the Academy will build a reservoir system for its irrigation and fire requirements needs. A septic system will also be utilized for disposal. See attached maps. 1 0 • 1 lz� 0 Zy 7� Pff3.JWARY WE PLAN W GLOBAL BAffiSSALL ACADEWY MEFCM naw �6�IA14 DAHO a1i011� +� r �t M. Y M h� 11rti MI ........� __It ���r _ 0 • 3. The condition or situation which warrants a change being made in the Plan: The proposed baseball academy will be fields and an indoor training facility. This indoor facility will house a retail area, office areas, etc. These areas make it impossible to build in a residential zoned area. Because of its commercial functions, the change to Mixed Planned Use Development Area would allow the Academy to function as a commercial entity. The scope of these areas(retail and office) is not likable to a mini -mall area. Our offices are for coaching staff personnel and the retail area will be utilized by baseball/softball participates primarily for batting gloves, mitts, etc. 4. The public need for and benefit from such a change in the Plan: Treasure Valley is GROWING. Right in the middle of this growth is Meridian. The need for recreation areas is a need that grows as the city and surrounding areas grow. The fields being proposed would fit two needs stated in the city's Park and Recreation Administration Goal Statement as written in the Meridian Comprehensive Plan booklet. The first line in this statement reads " It is the goal of the City of Meridian to enhance recreation opportunities for all citizens in a cost-effective program". The proposed change would allow the Academy to help meet these goals immediately.The recreation opportunities would be enhanced with the addition of 5 of the finest baseball/softball fields in the country. The use of these fields effect every age group. From 5-6 year old T -ball teams to Senior softball programs, the facility will benefit all facets of the community. PLUS, the City would not incur any costs associated with this venture. Actually, the City would benefit financially from taxes and other fees paid. The surrounding businesses - convenience stores, hotels, other recreation sites- would also feel the impact of tournament, clinic, camp, and daily participates as they frequented these businesses on the way to and from our sight. The greatest need or impact will be the participates themselves. The Academy will open doors to better programs, athetically and educationally, for all who use the facility. College placement, community pride, expanded playing opportunities, and a great positive atmosphere are all areas that will benefit participates and City as a whole. 5. Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable As conveyed in the Comprhensive Plan booklet, Single -Family housing zoned areas do not allow commercial enterprises to be build in those areas. The solutions include 1)changing the Plan, or 2) the proposed Academy moving to a different location. The location of this site is also a huge benefit to the area. Easy access for the entire community and possibilities of surrounding neighborhoods and other activities make this location a perfect fit for all parties. Changing the Plan seems to be a win - win situation for all parties concerned. 6. Development intentions for any land involved: The intentions are to develop a baseball/softball recreation site for training and playing. This site will include 5 fields, playground and picnic areas, and an indoor facility for winter use. The intentions are to build a place that will enhance the recreation opportunities for the Valley. 7. Anv other data ... and who'soin to pay for it: There is alot of community support for this kind of facility. From Mayor Corrie to thousands of little leaguers, the excitement is spreading like wildfire. The need is evident with our growing communities. As more people move here and are born here, the need for more recreation areas will grow also. This is an opportunity for the City of Meridian to offer these facilities to its citizens and save important dollars at the same time. This building of this facility will be funded privately in its entirety. 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O (�D O Sv OIQ O CA (7)`C O p� CD ) C7 cr ' O w p CD CD O W ZD CD cz A- Y (D .+ O r. d 0 a: p C P CD CD R CD \ I �• CCD CD "CD � O O O A- CD CD � < C ('D 0 n ORDER NO. 99080620160 LAVIA EXHIBIT "A" L.rjAd deUv-4-P4Un. A parcel of land in the Southeast Quarter Southeast Quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: COMMENCING at an aluminum monument in the intersection of Amity Road and Meridian Road marking the Southeast corner of said Section 25; thence North 00 degrees 32154" East 60.00 feet along the East line of said Section 25 (centerline of Meridian Road), to a point; thence North 89 degrees 27108" West 70.00 feet to an ITD right of way marker at the intersection of the West right of way line of Meridian Road with the North right of way line of Amity Road and the POINT OF BEGINNING; thence South 75 degrees 53135" West 77.51 feet along the North right of way line of said Amity Road to an ITD right of way marker; thence North 89 degrees 09126" West 254.80 feet along said right of way line to an ITD right of way marker; thence South 82 degrees 18'43" West 101.12 feet along said right of way line to an ITD right of way market; thence North 89 degrees 09126" West 428.67 feet along said right of way line to a found 5/8 inch rebar at the Southeast corner of lands of Roban (Inst. No. 9123396); thence North 00 degrees 34106" East 858.49 feet along the East line of said Roban to a found 5/8 inch rebar at the Northeast corner of same; thence North 89 degrees 08117" West 224.45 feet along the North line of said Roban to a set 5/8 inch rebar at the Northwest corner of same, and in the East line of lands of Laidlaw (Inst. NO. 9147465); thence North 06 degrees 04'08" East 447.80 feet along the East line of said Laidlaw to a set 5/8 inch rebar in the South line of lands of Frost (Inst. NO. 9283512); thence South 89 degrees 18'3211 East 793.84 feet along the South line of said Frost to a set 5/8 inch rebar at an angle point in same; thence South 00 degrees 02126" West 139.75 feet along said line of Frost to a set 5/8 inch rebar at another angle point in same; thence South 02 degrees 49147" East 283.67 feet along an existing fence line to a set 5/8 inch rebar; thence South 89 degrees 27'06" East 227.81 feet along an existing fence line extended Easterly to a set 5/8 inch rebar in the West right of way line of Meridian Road; thence South 00 degrees 32'5411 West 354.30 feet along said W-1- 0 0 Continuation of Exhibit A Order No.:99080620 TC West right of way line to a set 5/8 inch rebar at the Northeast corner of lands of Intermountain Gas Company (Inst. No. 8961311); thence North 89 degrees 27106" West 63.00 feet along the North line of said Intermountain Gas Company to a set 5/8 inch rebar at the Northwest corner of same; thence South 00 degrees 32154" West 250.00 feet along said Intermountain Gas Company and along lands of Northwest Pipeline Corporation (Inst. No. 99036469) to a found 5/8 inch rebar at the Southwest corner of said Northwest Pipeline Corporation; thence South 89 degrees 27106" East 63.00 feet along the South line of said Northwest Pipeline Corporation to a set 5/8 inch rebar in the West right of way line of said Meridian Road; thence South 00 degrees 32154" West 245.66 feet along said West right of way line to the POINT OF BEGINNING. -2- j,a1 F ORDER NO. 99021070 Exhibit "B" If all or any part of the subject Real Property, or an Interest therein is Sold, Transferred, or Contracted to be Sold or Transferred in the future by agreement without the Beneficiary's prior written consent, excluding a transfer by devise, descent or operation of law upon the death of the Grantor, Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. •ALL-INCLUSIVE DEED OF TRUST AND ,*IGNMENT OF RENTS (LONG FORM) This ALL-INCLUSIVE DEED OF TRUST, made this 11th June 1999 day of in the year of BETWEEN IDAHO BASEBALL ACADEMY, INC., an Idaho corporation whoseaddressis:1208 N. Orchard, Boise, Idaho 83706 herein called GRANTOR, ALLIANCE TITLE & ESCROW CORP., herein called TRUSTEE, and ALLIANCE 1031, Inc., an Idaho corporation whoseaddressis: 1412 W. Idaho, Boise, Idaho 83702 herein colied BENEFICIARY, WITNESSETH: That Grantor grants to Trustee, with Power of Sale, that property in the County of ADA State of Idaho, described as follows, either located within an incorporated city or village at the date hereof, or containing not more than twenty acres: Real property more particularly set forth in Exhibit "A" attached hereto and incorporated herein by reference. This Deed of Trust is subject further to the terms and conditions as set forth in Exhibit "B" attached hereto and incorporated herein by reference. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $ 429,000.00 with interest thereon according to the terms of an All -Inclusive Promissory Note of even date herewith (hereinafter "the Secured Note") made by Grantor, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance of each agreement of Grantor incorporated by reference or contained herein, with final payment due December 31, 2 0 0 0 A. Senior Deed(s) of Trust: This Is an All-inclusive Deed of Trust, securing the Secured Note and is subject and subordinate to the following instruments: (1) A Deed of Trust recorded April 27, 1999 9 9 0 4 8 0 7as Instrument No. Ada In Book, Page, of Official Records of nn p Hrn n r9 ra r7 F i f t v Twn t ho u c a n 9County, Idaho, In the original principal sum of Thrpp Hundred Ni n ry S van r 5Q/100 --Dollars ($, R97- Sn )infavorof Washington Mutual Bank dba Western Bank original amount of $ 152,397.50 as Payee, securing a note in the (2) A Deed of Trust recorded n /a as Instrument No. In Book, Page, of Official Records of County, Idaho, in the original principal sum of in favor of original amount of $ Payee, securing a note in the The Promissory Note(s) secured by said Deed(s) of Trust is (are) hereinafter referred to as the 'Senior Note(s)". B. To protect the Security of the All-inclusive Deed of Trust. Grantor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor per- formed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvement to be made thereon; not to commit or permit waste thereon; not to commit, suffer or permit any act upon said property in violation of law, to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire, vandalism and malicious mischief insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof secured hereby and in such order as beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions hereof are subject to the mutual agreements of the parties as below set forth. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this All -Inclusive Deed of Trust. (4) To pay: (a) at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; (b) when due, subject to the mutual agreements of the parties as below set forth, all encumbrances, charges and liens, with interest, on said property of any part thereof, which appear to be prior to superior hereto: (c) all allowable expenses of this Trust. This form furnished courtesy of ALLL&NcE TITLE & ESCROW C O R P. , Signature of Grantor IDAHO BAOALL ACADEMY, INC. By: Steve Lawson, President Signature of Beneficiary ALLIANCE 1031, INC. STATE OF On this_ day of and for said State, personally appeared County of Signature of Grantor Gti . V P Pu +—A— Signature of Beneficiary ss. in the year of before me, the undersigned, a Notary Public in known or identified to me to be the person whose name subscribed to the within instrument, and acknowledged to me that - executed the same. Signature: Name (type or print) Residing at: My commission expires: STATE OF On this day of and for said State, personally appeared _ known or identified to me to be the person that executed the same. Signature: Name: (type w Residing at: My commission expires: County of in the year of _, ss. before me, the undersigned, a Notary Public in whose name subscribed to the within instrument. and acknowledged to me (IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS ALL-INCLUSIVE DEED OF TRUST, THE PAR- TIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT TO SAME.) Do Not Record REQUEST FOR FULL RECONVEYANCE TO ALLIANCE TITLE & ESCROW CORP.: The undersigned is the legal owner and holder of the note and of all indebtedness secured by the foregoing Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and direct- ed. on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evi- dences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey without warranty, to the parties designed by the terms of said Deed of Trust, all the estate now held by you under the same. Dated _ Please Mail Deed of Trust. Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. This form furnished courtesy of ALLLANCE TITLE & ESCROW C O R P. Order No. • 0 ALL-INCLUSIVE DEED OF TRUST AND ASSIGNMENT OF RENTS (LONG FORM) This ALL-INCLUSIVE DEED OF TRUST, made this 11th day of June in the year of BETWEEN IDAHO BASEBALL ACADEMY, INC., an Idaho corporation whoseaddressis:1208 N. Orchard, Boise, Idaho 83706 ALLIANCE TITLE & ESCROW CORP., herein called TRUSTEE, and ALLIANCE 1031, Inc., an Idaho corporation whoseaddressis: 1412 W. Idaho, Boise, Idaho 83702 WITNESSETH: That Grantor grants to Trustee, with Power of Sale, that property in the County of 1999 herein called GRANTOR, , herein called BENEFICIARY, State of Idaho, described as follows, either located within an incorporated city or village at the date hereof, or containing not more than twenty acres: Real property more particularly set forth in Exhibit "A" attached hereto and incorporated herein by reference. This Deed of Trust is subject further to the terms and conditions as set forth in Exhibit "B" attached hereto and incorporated herein by reference. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $ 429,000.00 with interest thereon according to the terms of an All -Inclusive Promissory Note of even date herewith (hereinafter "the Secured Note") made by Grantor, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance of each agreement of Grantor incorporated by reference or contained herein, with final payment due December 31 , 2 0 0 0 A. Senior Deed(s) of Trust: This is an All -Inclusive Deed of Trust, securing the Secured Note and is subject and subordinate to the following instruments: (1) A Deed of Trust recorded Apr11 2 7 , 1999 , as Instrument No. 9904807 In Book, Page, of Official Records of Ada County, Idaho, in the original principal sum of One Hrnndrec3 Fi ftV Two t-hniisand Threp Hundred Ninety Seyen & 50/100— Dollars ($ 152, 397. 50 )infavorof_ Washington Mutual Bank dba Western Bank original amount of $ _ _ 152, 397.50 as Payee, securing a note in the (2) A Deed of Trust recorded In Book, original amount of $ in favor of Page, , as Instrument No. of Official Records of County, Idaho, in the original principal sum of The Promissory Note(s) secured by said Deed(s) of Trust is (are) hereinafter referred to as the "Senior Note(s)". Payee, securing a note in the B. To protect the Security of the All -Inclusive Deed of Trust, Grantor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor per- formed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvement to be made thereon; not to commit or permit waste thereon; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire, vandalism and malicious mischief insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof secured hereby and in such order as beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions hereof are subject to the mutual agreements of the parties as below set forth. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this All -Inclusive Deed of Trust. (4) To pay: (a) at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; (b) when due, subject to the mutual agreements of the parties as below set forth, all encumbrances, charges and liens, with interest, on said property of any part thereof, which appear to be prior to superior hereto: (c) all allowable expenses of this Trust. This form furnished courtesy of TITLEialLl !tNCE & ESCROW C O R P. 408 (Page 1 of 3) Signature of Grantor IDAHO BASEBALL ACADEMY, INC. BY= Steve Lawson, President Signature of Beneficiary ALLIANCE 1031, INC. STATE OF County of On this _ day of _ in the year of and for said State, personally appeared Signature of Grantor U Signature of Beneficiary before me, the undersigned, a Notary Public in known or identified to me to be the person whose namesubscribed to the within instrument, and acknowledged to me that executed the same. Signature Name: (type or print) Residing at: My commission expires: STATE OF On this day of and for said State, personally appeared County of in the year of known or identified to me to be the person whose name that executed the same. Signature: Name: (type or p Residing at: My commission expires before me, the undersigned, a Notary Public in subscribed to the within instrument, and acknowledged to me (IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS ALL-INCLUSIVE DEED OF TRUST, THE PAR- TIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT TO SAME.) Do Not Record REQUEST FOR FULL RECONVEYANCE TO ALLIANCE TITLE & ESCROW CORP.: The undersigned is the legal owner and holder of the note and of all indebtedness secured by the foregoing Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and direct- ed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evi- dences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designed by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please Mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. This form furnished courtesy of T I T L E & E S C R O W C O R P. 408 (Page 3 of 3) BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF IDAHO ) BASEBALL ACADEMY, INC., FOR ) A COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO MIXED/ ) PLANNED USE FOR THE NORTH-) WEST CORNER OF AMITY AND ) MERIDIAN ROAD, MERIDIAN, ) IDAHO ) Revised 11-15-99 CASE NO., CPA -99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing - before the City Council on the 3' day of November, 1999, at the hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and Steve Lawson for the Applicant, Idaho Baseball Academy, Inc., and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) • • Planning and Zoning Commission on this application, and having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing was published fifteen (15 ) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is herein described as follows to -wit: See attached Exhibit "A", Order No. 99080620, a total of three pages [Exhibit "A" two pages, Exhibit "B" one page. 4. The Applicant is Idaho Baseball Academy, Inc., of 1208 N. Orchard, Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) • application. 5. Pursuant to the application, the affected property is generally described as a 24.9 acre parcel on the northwest corner of Amity Road and Meridian Road. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 8. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to Mixed Planned Use. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 9. The application concerns the Applicant's proposal to develop five (5) baseball and softball fields, playground and picnic areas and an indoor facility which will include some office and minimal retail services. Other uses that could potentially FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) be proposed within areas designated as Mixed/Planned Use Development include mixed commercial uses, combined medium -to -high density residential, open space uses, lodging, offices, and public uses. 10. The general character and use of the properties that surround the subject real property is as follows: North: Agricultural land is immediately to the north of subject property. The Meridian Heights Subdivision is adjacent to the agricultural property on the north side; South: Agricultural land with a single, rural residence is directly across Amity Road on the west side of SH69. Diagonally to the southwest from subject property, on the south side of Amity, is a communications facility with several radio stations; East: Directly across SH69 from the subject property is Valley Storage Company and several acres of vacant storage/agricultural warehouse buildings. American Paving Company lies on the southeast corner of SH69 and Amity and contains office, warehouse, storage and light gravel excavation uses; West: Abutting subject property on the west is a well-maintained single family residence with associated agricultural uses. 11. The real properties which are the subject of this application are owned by the Applicant, Idaho Baseball Academy, Inc., an Idaho Corporation, which property is in the county and zoned RT Rural Transition, and which parcel is located FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 • at the Northwest corner of Meridian Road and Amity, and at the southern edge and within the Impact Area of the City of Meridian, but not adjacent to the Meridian City limits. 12. The subject property is presently designated on the Meridian Comprehensive Plan Generalized Land Use Map as Single -Family Residential. 13. Ada County Development Services submitted their comment to the Council dated November 3, 1999, as follows: As noted in the September 28, 1999, City Staff report to the City Planning and Zoning Commission, this property is currently zoned RT (Rural Transition). Under the current Ada County Zoning Ordinance, the proposed outdoor recreational use would require a conditional use permit as a "public/quasi-public use". An indoor recreation use with accessory office and retail uses is currently defined as a "recreation and sports center" and is not permitted in the RT district. As part of our analysis of this amendment, the County Development Services Department conducted a property status report on the subject property and has determined that the property is eligible for building permits in accordance with the development standards of the RT district. If the Applicant is attempting to amend the City Comprehensive Plan in anticipation of requesting a zone change from the County, the only option for a recreation and sports center is found in the M-3 (Light Industrial) District, and yet the outdoor recreation areas are specifically prohibited from this district. Unless the proposed Comprehensive Plan amendment specifically called for industrial uses in a mixed use area, it would be difficult for the County to make the required finding that the rezone from RT to M-3 was in conformance with the Comprehensive Plan. An alternative for the Applicant is to request a County Zoning Ordinance amendment to provide for the use in the RT district. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 0 The Ada County Planning and Zoning Commission is currently hearing a new zoning ordinance for the County. That ordinance defines these uses as an "amusement facility" and neither an indoor or outdoor "amusement facility" would be allowed in this zoning district. The combination of indoor and outdoor amusement facilities would only be allowed in a commercial zoning district. The proposed ordinance also provides for developer agreements in conjunction with rezone requests. If the City is considering approval of this amendment, the County would ask that the City amend the text of the Comprehensive Plan to provide clear guidance on the range of uses the City desires in the specific mixed-use area, as the City has done with other designated mixed use areas. 14. Amending the Land Use Map to Mixed/Planned Use Development would, as stated above, allow for a broad range of potential uses and zones. Currently, all properties annexed to the City located in a Mixed/Planned Development require Conditional Use Permits. This requirement allows greater design and site development control in these districts. However, given that City services will not be available to the subject property in the foreseeable future, any development requests for this property will be processed through Ada County and ultimately approved by the Ada County Commissioners, not the City of Meridian. 15. There are different types of development permitted through the Mixed/Planned Development designation that could be compatible in a rural residential area. Recreational uses such as the one proposed could be deemed a compatible use if the dominant feature of the parcel is open space and recreation FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 I] versus an office and/or retail use. Estimates of daily vehicle trips should be provided in order to ensure adequate mitigation measures are in place to protect adjacent rural property owners. 16. As the principal south -to -north entryway corridor into Meridian, this property carries high visibility and any future development should be designed with this fact taken into consideration. 17. State Highway 69/Meridian Road will increase in its importance as a commuter, services, recreational and commercial corridor. The 1993 Comprehensive Plan designates the SH69-Victory Road intersection as a future commercial and mixed use area. Given the City of Meridian and Kuna's increasing growth, this corridor will only increase in its development significance. A change to Mixed/Planned Use Development could be compatible with this trend. 18. There are two (2) existing commercial/industrial uses immediately to the east of this property, the Victory Greens Nursery one (1) miles to the north, and a large commercially -zoned parcel (vacant) at Overland. 19. The City has complied with the referral process with Ada County for the requested amendment of the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) • 20. The Public Works' Facility Plan forecasts this property to be served with sewer by the future Black Cat Trunk, which is more than 7 miles away. City water is also approximately 1.5 miles north of subject property, stubbed to the south side of Elk Run Subdivision. No domestic wells are planned for the area at this time. 21. The Applicant is proposing to construct a reservoir system to meet its water needs and a septic system for wastewater. 22. As stated above, municipal sewer and water facilities are not available to this site and any extension of services would have to be approved by the Meridian City Council. 23. The application refers to the Northwest Pipeline Corporation's existing 75 -foot right-of-way which crosses (sic) the property from SE to NW to accommodate natural gas lines. The proposed recreational facility would be a more appropriate and potentially safer use than actual building construction considering the existence of this pipeline. 24. A number of the above-mentioned goals and policies both support and counter the proposed Comprehensive Plan Amendment from Single -Family Residential (SFR) to Mixed/Planned Use Development. The predominant use of the Applicant's proposed athletic complex (recreational fields) complies with the current FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) r� SFR designation. If this were the only use, a Comprehensive Plan Amendment would not even be necessary. It is the office and retail components of the project that force a change to the Generalized Land Use Map. 25. The provision of more recreational facilities and open space in Meridian's Impact Area is desirable. It is not appropriate and/or orderly development, nor have there been conditions or situations which warrant a change of the Generalized Land Use Designation requested for the entire subject real property, and the designation of the balance of the subject real property as "Parks" would protect the property from any large scale, incompatible future developments that would be permitted in the Mixed Planned Use area, if the property changes ownership but would accommodate the proposed use as provided in the Comprehensive Plan under "Parks/Public Facilities" under "Land Use" at page 21 of the Plan, and is compatible with the Recreational Goal Statements of the Comprehensive Plan as provided in I AU at page 60. 26. Considering previous and existing conditions, trends, desirable goals and objectives, and desirable future situations of the Generalized Land Use Map component of the Comprehensive Plan only those portions of the subject property referenced on the Preliminary Site Plan drafted by Olson &- Associates Architects, FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) P.A., denoted as "Phase 1 Site Plan Global Baseball Academy", which depict the parking lot, offices, training and locker rooms, the Idaho Hall of Fame, weight room, and baseball batting cages and curtilage, consisting of 2 acres more or less, is suitable for a Comprehensive Plan Generalized Land Use Designation change. 27. In order to develop the parcel, there are no other solutions in order to have zoning compatible to the Comprehensive Plan than to amend the Generalized Land Use Map component as applied for herein. 28. It has been more than 6 months prior to the date of the receipt of the recommendation of the Planning and Zoning Commission in this matter that the Commission has recommended amendments to the Land Use Map component of the Comprehensive Plan to the City Council. 29. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan. CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to said hearing; copies of all notices are to be made available to FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 • newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 0 A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) s findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H. All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code: Coordination ofAmendments and Zoning Applications: "A. County and City Coordination: All applications for Ada County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 9. To change a designation from Single Family Residential to Mixed Planned Use and for Parks requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed -planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 11. The requirements for a Comprehensive Plan are set forth in I.C. § 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." 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 that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 is granted in part, limited to those portions of the subject property referenced on the Preliminary Site Plan drafted by Olson SL Associates Architects, P.A., denoted "Phase 1 Site Plan Global Baseball Academy", which depict the proposed development of the subject real property limited to the parking lot, offices, training and locker rooms, the Idaho Hall of Fame, weight room, and baseball batting cages and curtilage, consisting of 2 acres, more or less, as established by legal description to be supplied by the Applicant and acceptable to the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 16 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) Department for mapping purposes in accordance with this decision and the Comprehensive Plan Generalized Land Use component for said real property is amended from the existing Single Family Residential designation to a Mixed/Planned Use Development designation, and the remainder of the subject real property to be designated "Parks". 2. The City Attorney is directed to prepare for consideration by the City Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the real property described in part no. 1 of this Order from Single Family Residential to Mixed/Planned Use Development designation, and the remainder of the subject real property to be designated "Parks". 3. Subsequent to the passage of the Resolution, provided for in Section 2 of this Order, and upon the providence of the legal description by the Applicant the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 17 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) s 0 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 Comprehensive Plan Land Use Map change 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 the l day of Zecth' %P2 , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE VOTED VOTED VOTED �- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 18 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) 0 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 12 — 7— qcl 0 VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County officials, and the City Attorney. Dated: l Z — 7— f7 City Clerk msg/Z:\Work\M\Meridian 15360M\Idaho Baseball Academy\FfCIDecOrdCPA FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 19 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - IDAHO BASEBALL ACADEMY, INC. (CPA -99-007) I • ORDER NO. 99080620 �'C Lit EXHIBIT "A" L jj4 , dticv-; J'4�eh • A parcel of land in the Southeast Quarter Southeast Quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: COMMENCING at an aluminum monument in the intersection of Amity Road and Meridian Road marking the Southeast corner of said Section 25; thence North 00 degrees 32154" East 60.00 feet along the East line of said Section 25 (centerline of Meridian Road), to a point; thence North 89 degrees 27108" West 70.00 feet to an ITD right of way marker at the intersection of the West right of way line of Meridian Road with the North right of way line of Amity Road and the POINT OF BEGINNING; thence South 75 degrees 53135" West 77.51 feet along the North right of way line of said Amity Road to an ITD right of way marker; thence North 89 degrees 09'26" West 254.80 feet along said right of way line to an ITD right of way marker; thence South 82 degrees 18'43" West 101.12 feet along said right of way line to an ITD right of way market; thence North 89 degrees 09126" West 428.67 feet along said right of way line to a found 5/8 inch rebar at the Southeast corner of lands of Roban (Inst. No. 9123396); thence North 00 degrees 34106" East 858.49 feet along the East line of said Roban to a found 5/8 inch rebar at the Northeast corner of same; thence North 89 degrees 08'17" West 224.45 feet along the North line of said Roban to a set 5/8 inch rebar at the Northwest corner of same, and in the East line of lands of Laidlaw (Inst. NO. 9147465); thence North 06 degrees 04108" East 447.80 feet along the East line of said Laidlaw to a set 5/8 inch rebar in the South line of lands of Frost (Inst. NO. 9283512); thence South 89 degrees 18132" East 793.84 feet along the South line of said Frost to a set 5/8 inch rebar at an angle point in same; thence South 00 degrees 02126" West 139.75 feet along said line of Frost to a set 5/8 inch rebar at another angle point in same; thence South 02 degrees 49'47" East 283.67 feet along an existing fence line to a set 5/8 inch rebar; thence South 89 degrees 27'06" East 227.81 feet along an existing fence line extended Easterly to a set 5/8 inch rebar in the West right of way line of Meridian Road; thence South 00 degrees 32154" West 354.30 feet along said EX14W4T "A" PAGE 1 OF 3 ORDER NO. 99080620 CPA -99-007 Continuation of Exhibit A Order No.:99080620 TC West right of way line to a set 5/8 inch rebar at the Northeast corner of lands of Intermountain Gas Company (Inst. No. 8961311); thence North 89 degrees 27'06" West 63.00 feet along the North line of said Intermountain Gas Company to a set 5/8 inch rebar at the Northwest corner of same; thence South 00 degrees 32154" West 250.00 feet along said Intermountain Gas Company and along lands of Northwest Pipeline Corporation (Inst. No. 99036469) to a found 5/8 inch rebar at the Southwest corner of said Northwest Pipeline Corporation; thence South 89 degrees 27106" East 63.00 feet along the South line of said Northwest Pipeline Corporation to a set 5/8 inch rebar in the West right of way line of said Meridian Road; thence South 00 degrees 32'5411 West 245.66 feet along said West right of way line to the POINT OF BEGINNING. -2- EXHIBIT "A" PAGE 2 OF 3 ORDER NO. 99080620 CPA -99-007 ORDER NO. 99021070 Exhibit "B" If all or any part of the subject Real Property, or an Interest therein is Sold, Transferred, or Contracted to be Sold or Transferred in the future by agreement without the Beneficiary's prior written consent, excluding a transfer by devise, descent or operation of law upon the death of the Grantor, Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. EXHIBIT "A" PAGE 3 OF 3 ORDER NO. 99080620 CPA -99-007 RESOLUTION NO. 2 BY: lLe/j�% 6'1 ley (_0I'C,(,ta-)" A RESOLUTION FINDING THAT THE OWNER, IDAHO BASEBALL ACADEMY, INC., AN IDAHO CORPORATION, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT DESIGNATION AND THE REMAINDER OF THE SUBJECT REAL PROPERTY TO BE DESIGNATED PARKS" AND THE CITY COUNCIL HAVING ENTERED ITS FINDINGS AND GRANTING THE APPLICATION IN PART, AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Idaho Baseball Academy, Inc., an Idaho Corporation, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed/ Panned Use Development designation, and the remainder of the subject real property to be designated "Parks". 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received RESOLUTION (CPA -99-007) - PAGE 1 OF 3 their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A", Order No. 99080620, a total of three pages [Exhibit "A" two pages, Exhibit `B" one page.] Section 2. That a portion of the real property described in Section 1. subsection 3 of this Resolution, limited to that real property referenced on the Preliminary Site Plan drafted by Olson &- Associates Architects, P.A., denoted "Phase 1 Site Plan Global Baseball Academy", which depicts the proposed development of the subject real property, which includes parking lot, offices, training and locker rooms, an Idaho Hall of Fame, weight room, and baseball batting cages and curtilage, consisting of 2 acres, more or less, as established by legal description acceptable to the Public Works Department for mapping purposes, be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed/ Planned Use Development, and the remainder of the subject real property to be designated "Parks". Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. RESOLUTION (CPA -99-007) - PAGE 2 OF 3 9 PASSED Y THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 7�1� day of fever , 1999. APPROVEDB THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of cep 4-6- - , 1999. OF - i ATTEST: M.` G�� &POR4 = SIAL City Cleric STATE OF IDAHO, :ss. County of Ada, On thisf� day of ��,� e� , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. It Ak G =�♦c pUBtil .00 � ,••I P •� TE OF�vvvvovecvv P•'�� ••'•.9 19 ••' Notary Public for Idaho Residing at: `� C My Commission Expires: //_as , ael msg/Z:\Work\1V-15360M\Idaho Baseball Academy\Resolution.CPA RESOLUTION (CPA -99-007) - PAGE 3 OF 3 LAMA ORDER NO. 99080620 2C EXHIBIT "A" LOIx 1 deSce 4i a" , A parcel of land in the Southeast Quarter Southeast Quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: COMMENCING at an aluminum monument in the intersection of Amity Road and Meridian Road marking the Southeast corner of said Section 25; thence North 00 degrees 32154" East 60.00 feet along the East line of said Section 25 (centerline of Meridian Road), to a point; thence North 89 degrees 27'08" West 70.00 feet to an ITD right of way marker at the intersection of the West right of way line of Meridian Road with the North right of way line of Amity Road and the POINT OF BEGINNING; thence South 75 degrees 53'35" West 77.51 feet along the North right of way line of said Amity Road to an ITD right of way marker; thence North 89 degrees 09126" West 254.80 feet along said right of way line to an ITD right of way marker; thence South 82 degrees 18'43" West 101.12 feet along said right of way line to an ITD right of way market; thence North 89 degrees 09'26" West 428.67 feet along said right of way line to a found 5/8 inch rebar at the Southeast corner of lands of Roban (Inst. No. 9123396); thence North 00 degrees 34106" East 858.49 feet along the East line of said Roban to a found 5/8 inch rebar at the Northeast corner of same; thence North 89 degrees 08'17" West 224.45 feet along the North line of said Roban to a set 5/8 inch rebar at the Northwest corner of same, and in the East line of lands of Laidlaw (Inst. NO. 9147465); thence North 06 degrees 04108" East 447.80 feet along the East line of said Laidlaw to a set 5/8 inch rebar in the South line of lands of Frost (Inst. NO. 9283512); thence South 89 degrees 18132" East 793.84 feet along the South line of said Frost to a set 5/8 inch rebar at an angle point in same; thence South 00 degrees 02'26" West 139.75 feet along said line of Frost to a set 5/8 inch rebar at another angle point in same; thence South 02 degrees 49'47" East 283.67 feet along an existing fence line to a set 5/8 inch rebar; thence South 89 degrees 27'06" East 227.81 feet along an existing fence line extended Easterly to a set 5/8 inch rebar in the West right of wav line of Meridian Road; thence South 00 degrees 32'54" West 354.30 feet along said EXHUNT "A" PAGE 1 OF 3 ORDER NO. 99080620 C CPA-99-00 Continuation of Exhibit A / Order No.:99080620 TC West right of way line to a set 5/8 inch rebar at the Northeast corner of lands of Intermountain Gas Company (Inst. No. 8961311); thence North 89 degrees 27'06" West 63.00 feet along the North line of said Intermountain Gas Company to a set 5/8 inch rebar at the Northwest corner of same; thence South 00 degrees 32154" West 250.00 feet along said Intermountain Gas Company and along lands of Northwest Pipeline Corporation (Inst. No. 99036469) to a found 5/8 inch rebar at the Southwest corner of said Northwest Pipeline Corporation; thence South 89 degrees 27106" East 63.00 feet along the South line of said Northwest Pipeline Corporation to a set 5/8 inch rebar in the West right of way line of said Meridian Road; thence South 00 degrees 32'5411 West 245.66 feet along said West right of way line to the POINT OF BEGINNING. -2- EXHIBIT "A" PAGE 2 OF 3 ORDER NO. 99080620 CPA -99-007 ORDER NO. 99021070 Exhibit "B" If all or any part of the subject Real Property, or an Interest therein is Sold, Transferred, or Contracted to be Sold or Transferred in the future by agreement without the Beneficiary's prior written consent, excluding a transfer by devise, descent or operation of law upon the death of the Grantor, Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. EXHIBIT "A" PAGE 3 OF 3 ORDER NO. 99080620 CPA -99-007 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER, IDAHO BASEBALL ACADEMY, INC., AN IDAHO CORPORATION, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT DESIGNATION AND THE REMAINDER OF THE SUBJECT REAL PROPERTY TO BE DESIGNATED PARKS" AND THE CITY COUNCIL HAVING ENTERED ITS FINDINGS AND GRANTING THE APPLICATION IN PART, AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Idaho Baseball Academy, Inc., an Idaho Corporation, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed/ Panned Use Development designation, and the remainder of the subject real property to be designated Parks. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and CERTIFICATE OF CLERK (CPA -99-007) PAGE I OF 3 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" , Order No. 99080620, a total of three pages [Exhibit "A" two pages, Exhibit "B" one page.] Section 2. That a portion of the real property described in Section 1. subsection 3 of this Resolution, limited to that real property referenced on the Preliminary Site Plan drafted by Olson & Associates Architects, P.A., denoted "Phase 1 Site Plan Global Baseball Academy", which depicts the proposed development of the subject real property, which includes parking lot, offices, training and locker rooms, an Idaho Hall of Fame, weight room, and baseball batting cages and curtilage, consisting of 2 acres, more or less, as established by legal description acceptable to the Public Works Department for mapping purposes, be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed/ Planned Use Development, and the remainder of the subject real property to be designated Parks. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Cleric is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law.,`,,`i��,,,,.�+++++ji�►�r,,,�f�F�jt' of `� .moi• William G. Berg, Jr. S, _ City Clerk _ 9G613 CERTIFICATE OF CLERK (CPA -99-007) PAGE 2 OF 3 0 • STATE OF IDAHO, ss: County of Ada, On this dayof e �r h�,� in the year 1999, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. O p V Ejtt (S1 j.' Notary Public for Idaho a +O�•i _ Commission Expires: 11 -d,,7 --c254 1C, s 0 P U B' msg/Z:\V�igrl },\ �Allt�n`l5*3T,�Q�1\Idaho Baseball Academv\CertofClk.CPA •'••-ATE OT CERTIFICATE OF CLERK (CPA -99-007) PAGE 3 OF 3 i ORDER NO. 9904P620 .'C L-Arvt EXHIBIT "A" A�A I desc#- P4 .en . A parcel of land in the Southeast Quarter Southeast Quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: COMMENCING at an aluminum monument in the intersection cf Amity Road and Meridian Road marking the Southeast corner of said Section 25; thence North 00 degrees 32154" East 60.00 feet along the East line of said Section 25 (centerline of Meridian Road), to a point; thence North 89 degrees 27108" West 70.00 feet to an ITD right of way marker at the intersection of the West right of way line of Meridian Road with the North right of way line of Amity Road and the POINT OF BEGINNING; thence South 75 degrees 53'35" West 77.51 feet along the North right of way line of said Amity Road to an ITD right of way marker; thence North 89 degrees 09126" West 254.80 feet along said right of way line to an ITD right of way marker; thence South 82 degrees 18'43" West 101.12 feet along said right of way line to an ITD right of way market; thence North 89 degrees 09126" West 428.67 feet along said right of way line to a found 5/8 inch rebar at the Southeast corner of lands of Roban (Inst. No. 9123396); thence North 00 degrees 34'06" East 858.49 feet along the East line of said Roban to a found 5/8 inch rebar at the Northeast corner of same; thence North 89 degrees 08117" West 224.45 feet along the North line of said Roban to a set 5/8 inch rebar at the Northwest corner of same, and in the East line of lands of Laidlaw (Inst. NO. 9147465); thence North 06 degrees 04108" East 447.80 feet along the East line of said Laidlaw to a set 5/8 inch rebar in the South line of lands of Frost (Inst. NO. 9283512); thence South 89 degrees 18132" East 793.84 feet along the South line of said Frost to a set 5/8 inch rebar at an angle point in same; thence South 00 degrees 02'26" West 139.75 feet along said line of Frost to a set 5/8 inch rebar at another angle point in same; thence South 02 degrees 49'47' East 283.67 feet along an existing fence line to a set 5/8 inch rebar; thence South 89 degrees 27'06" East 227.81 feet along an existing fence line extended Easterly to a set 5/8 inch rebar in the West right of way line of Meridian Road; thence South 00 dearees 32'54" West 354.30 feet along said EXHIBIT "A" PAGE 1 OF 3 ORDER NO. 99080620`\%� CPA -99-007 Continuation of Exhibit A -2- EXHIBIT "A" PAGE 2 OF 3 ORDER NO. 99080620 CPA -99-007 r Order Nc.:99080620 TC West right of way line to a set 5/8 inch rebar at the Northeast corner of lands of Intermountain Gas Company (Inst. No. 8961311); thence North 89 degrees 27106" West 63.00 feet along the North line of said Intermountain Gas Company to a set 5/8 inch rebar at the Northwest corner of same; thence South 00 degrees 32'54" West 250.00 feet along said Intermountain Gas Company and along lands of Northwest Pipeline Corporation (Inst. No. 99036469) to a found 5/8 inch rebar at the Southwest corner of said Northwest Pipeline Corporation; thence South 89 degrees 27106" East 63.00 feet along the South line of said Northwest Pipeline Corporation to a set 5/8 inch rebar in the West right of way line of said Meridian Road; thence South 00 degrees 32'54" West 245.66 feet along said West right of way line to the POINT OF BEGINNING. -2- EXHIBIT "A" PAGE 2 OF 3 ORDER NO. 99080620 CPA -99-007 r • w OP -DER NO. 99021070 Exhibit "B" 1_ all or any part of the subject Real Pronerty, or an interest therein is Sold, Transferred, or Contracted to be Sold or Transferred in the future by agreement without the Beneficiary's prior written consent, excluding a transfer by devise, descent or operation of law upon the death of the Grantor, Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. EXHIBIT "A" PAGE 3 OF 3 ORDER NO. 99080620 CPA -99-007 • • MERIDIAN CITY COUNCIL MEETING DECEMBER 7, 1999 The regular City Council meeting of the Meridian City Council was called to order at 7:37 p.m. on Tuesday, December 7, 1999, by President Charlie Rountree. MEMBERS PRESENT: CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY (MAYOR CORRIE ARRIVED AT 9:28 P.M.) MEMBERS ABSENT: RON ANDERSON. OTHERS PRESENT: GARY SMITH, SHARI STILES, BILL GORDON, BILL GIGRAY, KEN BOWERS, BRAD WATSON, WILL BERG ITEM A. APPROVE MINUTES FROM NOVEMBER 16, 1999 MEETING.- ITEM EETING: ITEM B. APPROVE MINUTES FROM NOVEMBER 22, 1999 SPECIAL MEETING: ITEM C. REQUEST FOR BEER, WINE, LIQUOR LICENSE FOR MERLYN SCHMECKPEPER: ITEM D. REQUEST FOR BEER, WINE, LIQUOR LICENSE TRANSFER FOR PAISANO'S BY SCHMECKPEPERj!GOODWIN: ITEM E. COMPENSATION POLICIES AND PRACTICES RESOLUTION: ITEM F. LAND LEASE WITH VANCE JANICEK: ITEM G. AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS: ITEM H. TABLED 11/16/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY — NORTHWEST CORNER OF AMITY AND, MERIDIAN ROAD: ITEM I. TABLED 11/3/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE-FAMILY DWELLING/OFFICE BY ED BEWS — WEST OF TEN MILE AND NORTH OF USTICK ROAD: ITEM J. FINDINGS OF FACTS AND CONSLUSIONS OF LAW: REQUEST FOR VACATION OF TWO 1 O -FOOT WIDE PUBLIC UTILITY Meridian City Council Oting December 7, 1999 Page 2 EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK.- ITEM ARK: ITEM K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: ITEM L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI -STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI -STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI - STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM N. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 96 -UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: ITEM O. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCEL "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: ITEM P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE - BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C -G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: ITEM Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMIFNT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF Meridian City Council eting M December 7, 1999 Page 3 OVERLAND ROAD, Y4 MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL. — 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES —WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS.- ITEM OADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION! OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION — PORTION OF THE WEST YZ OF THE WEST Y2 OF SECTION 3, T.3N., R.1 W: ITEM V. ENGINEERING AGREEMENT — "NO NAME SEWER TRUNK". ITEM W. ENGINEERING AGREEMENT — FIVE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT — 1999 WWTP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT — 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI - STORAGE, LLC: APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll -call. Welcome this evening. WE) have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Meridian City Council Oting December 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the, City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21St, I believe, December 21St Rountree: January 4th Bird: Okay. To January 4th. On the rest of it, I move that we approve the Consent Agenda with the Staff's comments from our Pre -Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre -Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird_ Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR December 14, 1999 Steve Lawson Idaho Baseball Academy, Inc. 1208 North Orchard Boise, ID 83706 Dear Mr. Lawson: R cE RF1V:ED C E C 1 5 1999 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 2.08 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Thank you for sending me your letter and site plan. In review of this, the Nampa & Meridian Irrigation District has no facilities within this area. Therefore, the District has no further comment regarding this project. As a reminder, all laterals and waste ways must be protected and all municipal storm water must be retained on site. Please feel free to contact me if you feel further discussion is required. Sincerely, /John John P. Anderson, Water Superintendent ,r/"'NAMPA & MERIDIAN IRRIGATION DISTRICT JPA:dln Cc: File Board of Directors Secretary -Treasurer Asst. Water Superintendent City of Meridian ACHD — Steve Spickelmier APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 December 10, 1999 Idaho Baseball Academy, Inc. Steve Lawson 1208 N. Orchard Boise, ID 83709 Re: Comprehensive Plan Amendment for Idaho Baseball Academy Dear Mr. Lawson: Enclosed please find a copy of the Findings of Fact and Conclusions of Law and Order and Decision regarding the amendment of the Comprehensive Plan generalized land use map. Please call if you have any questions. Sincerely, Shelby E. Ugarriza City Clerk's Office seu enc. MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 APPLICANT: IDAHO BASEBALL ACADEMY AGENDA ITEM NUMBER: REQUEST: FINDINGS OF FACTS FOR CPA FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE 11/16 MEETING PACKET !�Ce Gt 4f& C,tt--e CL . OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. v C, • interoffice MEMORANDUM To: From: Subject: Date: William G. Berg, Jr. Wm. F. Gigray, III �le IDAHO BASEBALL ACADEMY / CPA -99-007 November 15, 1999 Will: y CF1 N O V 16 1999 CITY OF MERIDIAN Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council meeting on Tuesday, November 16, 1999. Additionally, I have enclosed the original of the Resolution and Certificate of the Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise, Idaho 83702, telephone number 364-2277, if you have any questions.. Please serve conformed copies of the Findings and Resolution upon the Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has filed a demand for notice of Council's action. If you have any questions, please advise. msg/Z:\Work\M\Meridian 15360M\Idaho Baseball Academy\FfClsDecOrdClkLtr.CPA M E M O R A N D U M To: William G. Berg, Jr. DICIUP) BY "5*0 , ! "'. q (JE w1 ,`L'JkE t'l RE D NT �"dtT19�1.1T SIVt.� From: Wm. F. Gigray, III. SL HIS ABSIKE'10 P;VOtO 0'=L�Y NOV 19 1999 Subject: IDAHO BASEBALL ACADEMY - CPA -99-007 CITY OF MERIDIAN Date: November 18, 1999 Will: Please find enclosed a revised Findings of Fact and Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map for Case No. CPA -99-007, to Mixed Planned Use, and the remainder of the subject real property to be designated Parks, along with the accompanying Resolution and Certificate of the Cleric. Please note that I have changed the following provisions: Findings of Fact, adding language to the end of number 25. 2. Conclusions of Law, number 9 to include the language "and for Park', and eliminated number 11 and renumbered. 3. Decision and Order, added language to number 1 and 2, at the end "and the remainder of the subject real property to be designated Parks. 4. The Resolution and Certificate of Clerk to add the language: "and the remainder of the subject real property to be designated Parks". Because there are changes beyond what was stated on the record when the action was taken, I request that you submit this matter to the City Council for adoption and approval. The basis of the recommendation, is that, the additional changes were needed to provide findings in support of the Parks designation which were needed. I feel without these additional changes the Findings weigh against the result. Please consult the Mayor for permission to place on the agenda for the December 7, 1999, meeting, and hold up on signing the Resolution and Certificate of Clerk. If you have any questions please advise. msg/Z:\WorkWt\Meridian 15360M\Idaho Baseball Academy\C1erk111899.Mem September 28, 1999 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 • • RE°ESD NOV 16 1999 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CPA -99-007 Modify Comp Plan From Single Family Housing to Mixed Planned Use — GLOBAL BASEBALL ACADEMY Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and 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. 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. 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 1999 Phones: Area Code 208 Idaho Baseball Academy OFFICE: Nampa 466-7861 1208 N. Orchard SHOP: Nampa 466-0663 Boise, ID 83709 / OM9.510-5-P-7n,111 I'll 1 0 � 1 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application — Global Baseball Academy Dear Idaho Baseball Academy: CPQ _ ct01. ov-1 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Steve Lawson City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40 000 A Meridian City Council Mog • November 16, 1999 Page 19 Anderson: Second. Corrie: Okay. Motion is made and second to approve the Findings of Facts and Conclusions of Law to request for Comprehensive Plan Amendment from single- family residential to mixed/planned use development to commercial, sorry, to mixed/planned unit development and to approve Resolution No. 267. Any further discussion? Hearing none, roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY — NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: Corrie: Okay. Item No. 12 is a Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy, northwest corner of Amity and Meridian Road. Staff, comments? Stiles: Mr. Mayor and Council, I believe the motion — the recommendation from Planning and Zoning Commission and the motion by Council for this was to designate the two acres shown on their plan as mixed/planned use development and the remainder of that would be park, open space designation. I don't see any reference to the park. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Md09 November 16, 1999 Page 20 Bird: I believe my motion, seconded by Mr. Rountree, that the attorney draw Findings of Fact, Decision of Order in favor of Comprehensive Plan Amendment from single-family residential to mixed/planned use by the Idaho Baseball, and not a thing said about two acres. Stiles: Do you have the minutes with you? Bird: I got the minutes right here. Rountree: I know it was discussed. Bird: We discussed that, and that's what the motion come through that way. We didn't feel it was fair to tie them down to two acres. Stiles: I am showing the (inaudible) Bird: The decision of the Planning and Zoning Commission. But that had been discussed at that point. Stiles: It was two acres mixed/planned use and the remainder park (inaudible). Bird: I didn't understand it that way. Corrie: Mr. Gigray, do we have any problem with the Ada County planning on this proposal? I remember a letter coming in from the Ada County Planning. Gigray: Mr. Mayor, members of the Council, the letter from the County indicated that the redesignation of the mixed/planned use might pose some problems with their existing zoning as to whether or not the intended development of this applicant could be accommodated without some kind of ordinance change, but in this instance, remember a Comprehensive Plan drives what will be done as on the ordinance, so this is kind of the top of the chain. That would be some problematic issues that the developer might have to deal with the County. As I remember, there was also some indication in there that they might want to see some wording in our written Comprehensive Plan regarding what that mixed/planned use meant, and I suppose that would be for guidance for them on potential future zoning, and I don't think the application included such a request, and since you already have and recognize such a use on your Comprehensive Plan, generalized land use plan, you could facilitate the request. Again, as I've indicated before, these are your Findings, and you make the changes as you see them based on the record. It isn't a final action until you take it, approve them. Corrie: Any further discussion on this two acres and the rest of the open space? Mr. Bird? Motion to mixed use? Meridian City Council MEW fe November 16, 1999 Page 22 Bird: It isn't real clear. Rountree: -- the general findings indicate that it's mixed use. Corrie: So, Mr. Gigray can (inaudible) Rountree: Needs to be clarified. Bird: Yeah. Get it clarified. Corrie: So that's okay for the addition in your second, then? Rountree: I'll second that. Gigray: This is park and two acres then; is that what we're doing? Corrie: Yes. Okay. All right. The motion is to table Item No. 12 with the attorney to work on the two acres and the mixed/planned use. Questions? Any further discussion? Gigray: Just one additional question if I might ask for the Council is my definition as have crafted in this decision with regards to where the two acres is in accordance with your thinking on this. I tried to tie it to the site plan that was presented and the activity in the site plan that would match that type of use since we don't have a separate parcel. Bird: Yeah. I don't know how your going to — I don't know what two acres you're going to tell them — Gigray: It also includes a provision that the applicant would submit a legal description as requested by Staff and Public Works Department that they could map it. Rountree: I believe your description is, Mr. Mayor, I believe your description is how they portrayed the two acres. Gigray: So I don't need to change that? Rountree: I don't think so. Corrie: That's the Hall of Fame waiver and baseball (inaudible) it says of two acres or more. Bird: Yeah. Meridian City Council Meeting November 3, 1999 Page 53 Rountree: So moved. Bird: So moved. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Bentley. Bentley: I move to instruct the city attorney to prepare favorable Findings of Facts and Conclusions of Law for Queenland Acres, Inc. Bird: Second. Corrie: Motion made and seconded – (inaudible) attorney draw up the Findings of Facts and Conclusions of Law to favor approval on Item No. 24. Any further discussion? Hearing none, all those in favor of the motion say aye. I'm sorry. Roll -call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. 33;3 -�&24-- 5 "-eve, I, tcs�r_ `_ MOTION CARRIED: ALL AYES (e_F+_ M51. ITEM 25. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO BASEBALL ACADEMY— NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD: Corrie: Item 25 is public hearing: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use by Idaho Baseball Academy. At this time, I'll open the public hearing. Staff. Stiles: Mr. Mayor and Council, this application is for a project that is pretty far removed from our current annex area. It's on the northwest corner of Amity and Meridian Kuna Road. They're proposing to build a facility for the Idaho Baseball L Meridian City Council Meeting • November 3, 1999 Page 54 Academy that would have an indoor facility with some retail and office use approximately in this area, and the remainder of it would be baseball fields. They ask for the entire area to be designated mixed/planned use development, and also at that public hearing at Planning and Zoning Commission, these people were there chomping at the bit waiting for this designation to occur so that they probably could come in along with it. We're concerned that if this were designated — *** End of Tape 3 *** the property could be sold off and Chevron, Jackson's, someone else may come in and then make them an offer they couldn't refuse to develop that corner as commercial property. So the compromise was arrived at was that the area that they proposed putting the building and parking lot would be designated mixed/planned use, but the entire remainder of the parcel would be open space, park designation. We did receive a letter from Ada County Planning Director today. I don't know if it — if you had a chance to see — they are concerned that there's not anything within their ordinance that would permit them to do this. Either currently with their current designation or even under their proposed new zoning ordinance. But in the last paragraph of their letter, it seems that if we can provide some text specifically geared to this parcel as what we expect to be there, they may be able to consider that use. I'm not certain that would happen, but they're asking for direction from the City as to some kind of guidance on what kind of range of use is the City would allow in that mixed use area and we could prepare that. I don't know if we need to continue the public hearing if we are proposing those text changes or — might have to get (inaudible). I would hope that maybe we could provide some text changes as a part of this request for amendment. Say yes. Bentley: Bill's got a thought. Gigray: Mr. Mayor, members of the Council, Madam Administrator, it would seem that that would be a major material change as I understand it. I don't think this application included any discussions of textual changes to the Comprehensive Plan. You — I would think will want to have the applicants address this letter from Ada County Development Services because it seems to raise kind of serious questions as we have to interrelate with Ada County because this is an impact area matter, not potentially subject to immediate annexation. It would seem like those might pose some relevant questions that could be addressed. You do have the authority under your own ordinance and under the provisions of your Comp Plan to continue this matter, and you can even require a study on things and have them report back as to what the appropriate thing is to do, so there are some options, and I think I provided a memo to you just generally for providing some procedural information about Comp Plan Amendments, and that's one of the items that is an option to you if you should choose to exercise it. Meridian City Council Meeting November 3, 1999 Page 55 Corrie: Okay. Since we have a public hearing, would you like to come up and perhaps address to couple of those questions? Lawson: Steve Lawson, Idaho Baseball Academy. I'm the president. We're located at 1208 North Orchard in Boise. Mr. Mayor and Council members, we've just received this letter from the Ada County also, and I haven't had a whole lot of time to study it. I talked with Patricia Nielson on the phone for a few minutes. It didn't do a whole lot of good for me, you know, really, because, again, I didn't have a lot of time to study what was going on here. One thing that I see in this letter that I think could fix this whole thing, at least from the County's perspective. It's the second to last — I might be wrong. This is the way I interpret — second to last paragraph. It's the second or third sentence. It says: The combination of indoor and outdoor amusement facilities would only be allowed in a commercial zoning district. Now if we did the multi -use plan, I think that the outdoor and the indoor could be used. We could — the County would go along with this because it does permit commercial use in that plan. What we agreed upon last time we were here was we want to build fields. Just saying we're going to build fields doesn't guarantee that; I understand that. I understand your concern about us going out and selling the corner of the, you know, that corner, because that is a nice corner. That's one of the reasons we bought it. That's a great piece of land. We did agree on the compromise that we would take the parks for 22 acre, or 23 acres and then 2 acres of commercial. That was with the understanding that we thought we'd be able to change some of the text. Now we didn't ask for any text change when we made the application originally because we didn't realize that we had to until we came to the Planning and Zoning meeting. Because I didn't have enough time to really study what the County said here, what you said about doing a study, you know, there needs to either be somemore information about this if you guys' concern is that if you give me the entire 25 acres as multi -use or mixed planned, that we'd sell that corner. Now, whether we can come up with a development plan which I really hadn't known about until after our last meeting. I'm getting a little bit smarter and studying a little bit of this now, but if I don't know if you read that the same as I do, that paragraph that I'm talking about, and I'm sure not here, Shari, to go back on what we talked about that night, but, again, I have some things going on that I'd like to see this go as quickly as possible, too, and if there's any way to take that entire piece and change it as we've tried, but also have a development of agreement, I don't know if that can be done since we are in the county. Once we, you know, that's the whole problem there. Once we, you guys, make this decision, then we go to the county, and how much they're able to work with you, I'm not for sure, but, you know, that is a concern. But also within stating (inaudible) maybe if there is an agreement, the, you know, those will be filled, built there and then not a Chevron or Albertson's or whatever. Then maybe that's the answer. The entire 25 acres as proposed. I'm not for sure, and like I said, I'm not trying to go back on what we talked about before by any means, because I was happy with that because I want to build fields. But we also need an indoor place because that's pertinent in Meridian City Council Meeting November 3, 1999 Page 56 this part of the country. That's a huge aspect of what we're doing here. If I'm reading that right, I think we can still do this. But not as discussed last time with the Planning and Zoning as they recommended. I have no problem doing it that way either. You know, we're just trying to get things going too. We're trying to move along, and this is part of it, of course. Any questions? I'd be happy to answer. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I believe you stated that although you did not indicate in your application, it was your understanding there would be some requirement for text changes and description of use activities. Lawson: No. I didn't mean to say that I don't think. Rountree: That's what I thought I heard you say. Lawson: What I said — what I thought I said was that when we made the application — when we did the application, I didn't think there would be any text change specifically designed around our situation. I thought it would be mixed/planned use, done deal, really. Then we started talking about not having the services out there, and then leaving the city and going to the county, and the concerns there. That's where I thought that the text change was coming. That was my understanding when I said text change was that we would be discussing here's what the City wants, County try to go — stay right on this track with us because it's kind of a unique situation. Rountree: Okay. Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Anyone else from the public like to issue testimony on this Item 25? Hearing none, Council, pleasure on the public hearing? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: It seems like we've got a couple directions going here. Seems like there needs to be some continuity with the County as well as with the staff as to what we're going to do, so I think we're going to need to continue this and have Meridian City Council Meeting November 3, 1999 Page 57 0 the three parties get together and see if we can't iron out what we need to make this project fly. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: If I read this letter right, with the facilities they want to put out there, the only thing that's going to be left by the county is commercial, is the commercial zone. If we do it the way we want to do it, then they've got to open it up, as I read the letter here, they've got to open it up to the public with no charge; it's a public facility at that point which it will be a public facility, but it won't be for (inaudible) run a business out of it. I, personally, think that corner — I have no problem with that corner being commercially zoned, whatever. That's an ideal corner. I know Shari said that we wouldn't want a Jackson's or somebody out there, but I'm sure in five, ten years, it's going to be a awful good location for that, and I could see stuff going out there. I'd lot sooner see something on that four - lane Amity Road there than something sitting over on Cloverdale or someplace where you got two lanes to get people in and out of. I would have no problem taking the County's advice and changing that to the commercial zoning. That's my opinion. Corrie: Any comments? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would like to do whatever we can to expedite this. It seems to me that Mr. Gigray's indicated that if we get into a situation where we may have to provide text to the county, what our zoning designations mean, in my mind is not a material change, but I believe it will be a material change if we were to move forward with the entire commercial zoning when it's been brought forth and discussed in Planning and Zoning as open park and a small portion being mixed use or commercial. I guess I don't know if that's a particularly good solution for getting this thing moved forward. I would propose, depending on how big a grimace I get from the end of the table, that we look at Findings and Facts and concurrently instruct staff to clarify what mixed/planned use or whatever the zoning designation's going to be, would allow, if that's what the county has to have in order for them to permit this. In my mind, that's nothing more than putting forth what's already been discussed and refining what it means. If it's been discussed and it's many things, then I guess that it could have many definitions, and still not a material change. In my mind. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting November 3, 1999 Page 59 0 tonight, I don't think those are material changes. The only thing I can see in the letter from the Ada County Development Services is, obviously, is the county zoning ordinance that will apply, and they're just questioning whether or not if you do this Comp Plan Amendment, they will have an ordinance that will be, or their new ordinance would come into conformance with our Comp Plan, but you could go ahead and grant the application if you feel it meets your own criteria and then let the County worry about their zoning ordinance in relation to that. Then the applicant would have to worry about that through the county. Bird: (inaudible) applicant (inaudible) public hearing open. Corrie: Do you have any problems with that, Steve? Lawson: I don't think so. I don't have any problems with that, but I do want to state that I think that's where Shari and I were — that's still what the concern is, is that once I leave here, the control over that piece of land's out of your hand, and might be a guy to go down and sell that down the road. I should have brought my resume with me tonight to, you know — I know some of you gentlemen, and we want to build fields. That's how I want to make my money; not selling land. That's my — that's what we want to do. That's, again, I know that doesn't keep us, once we leave here, from going to the County or trying to sell that, but I don't have any problem with that because that's really what we originally wanted to do. We compromise at the Planning and Zoning because that's what I want to do. I want to build fields, and I thought that was a way to go because that was a recommendations and with the Council people that night. I don't have any problem what Mr. Gigray just talked about. Corrie: Okay. Gigray: Mr. Mayor. Corrie: Mr. Gigray, Gigray: Just a point of information. Yeah, I think the only way you can put conditions on a Comprehensive Plan change that would affect certain properties is that you would have to provide some textual provisions in the Comp Plan related to that. I think that, from a general standpoint, would be kind of a departure from the way the Comp Plan exists now in I don't know whether or not you're going to head in that direction with the new Comp Plan or not, and you start spotting around and saying, well, we got this parcel that's subject to this condition and the text, and this and this and this and this. That would be somewhat extraordinary. I think, legally, you probably could do it, but I think it'd be a material change to if you're going to include textual changes that you'd have to re -notice the hearing and get comment on that if you want to go in that direction. October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 APPLICANT: IDAHO BASEBALL ACADEMY. ITEM #: 25 REQUEST: CPA FROM SINGLE FAMILY RESIDENTIAL TO MIJtED/PLANNED USE AGENCY COMMENTS 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 SEE FINDINGS, DECISION AND RECOMMENDATIONS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: Ili CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 0 BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN In the Matter of the Request for COMPREHENSIVE PLAN AMENDMENT - SINGLE FAMILY RESIDENTIAL TO MIXED PLANNED USE FOR THE NORTHWEST CORNER OF AMITY AND MERIDIAN ROAD Uz IDAHO BASEBALL ACADEMY, Inc. Case No. CPA -99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION The above entitled application for Comprehensive Plan amendment having come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the September 30, 1999, hearing was published fifteen (1 S ) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at. the September 30, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 1 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is described in said application and by this reference is incorporated herein as if set forth in full. 4. The Applicant is Idaho Baseball Academy, Inc., of 1208 N. Orchard, Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as a 24.9 acre parcel on the northwest corner of Amity Road and Meridian Road. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 8. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 2 11 U Mixed Planned Use. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 9. The Applicant testified at the public hearing that the particular characteristics of the affected property make the amendment desirable. 10. The Assistant to the City Engineer, Bruce Frecklet.on, and the Assistant Planner, Brad Hawkins -Clark, submitted comments by and through a Memorandum dated September 28, 1999, and Bruce Freckleton and Shari Stiles, Planning and Zoning Administrator submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby incorporated herein, as follows: 10.1 PROPOSED &_ POTENTIAL USES OF THE PROPERTY: If the Commission recommends approval of this Comprehensive Plan Amendment, the applicant proposes to develop five (5) baseball and softball fields, playground and picnic areas and an indoor facility which will include some office and minimal retail services. Other uses that could potentially be proposed within areas designated as Mixed/Planned Use Development include mixed commercial uses, combined medium -to -high density residential, open space uses, lodging, offices, and public uses. 10.2 The Ada County Development Services Department confirmed that, as of 9/24/9 9, there were no current or pending development applications for properties in this general area. According to the Ada County Zoning Ordinance, the RT zone's principal permitted uses are agriculture and single-family dwellings. It does allow for accessory and conditional uses such as greenhouses, agricultural outbuildings, kennels, lodges, stables, gravel pits and other similar, non -urbanized uses. Ada County's Zoning Ordinance states, "RT -zoned properties are not currently FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 3 6 served by urban services and urban growth should be discouraged until urban services are extended. Until such services can be extended, appropriate use of RT lands is agricultural and development of a rural character." 10.3 COMPATIBILITY &- DESIGN ISSUES: Amending the Land Use Map to Mixed/Planned Use Development would, as stated above, allow for a broad range of potential uses and zones. Currently, all properties annexed to the City located in a Mixed/Planned Development require Conditional Use Permits. This requirement allows greater design and site development control in these districts. However, given that City services will not be available to the subject property in the foreseeable future, any development requests for this property will be processed through Ada County and ultimately approved by the Ada County Commissioners, not the City of Meridian. 10.4 There are different types of development permitted through the Mixed/Planned Development designation that could be compatible in a rural residential area. Recreational uses such as the one proposed could be deemed a compatible use if the dominant feature of the parcel is open space and recreation versus an office and/or retail use. Estimates of daily vehicle trips should be provided in order to ensure adequate mitigation measures are in place to protect adjacent rural property owners. 10.5 As the principal south -to -north entryway corridor into Meridian, this property carries high visibility and any future development should be designed with this fact taken into consideration. Staff believes there is sufficient evidence to support SH 69/Meridian Road increasing in its importance as a commuter, services, recreational and commercial corridor. There are two (2) existing commercial/industrial uses immediately to the east of this property, the Victory Greens Nursery one (1) mile to the north, and a large commercially -zoned parcel (vacant) at Overland. In addition, the 1993 Comprehensive Plan designates the SH69- Victory Road intersection as a future commercial and mixed use area. Given the City of Kuna's increasing growth, this corridor will only increase in its development significance. A change to Mixed/Planned Use Development could be compatible with this trend. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 4 10.6 PUBLIC WORKS ISSUES: The Public Works' Facility Plan forecasts this property to be served with sewer by the future Black-, Cat Trunk, which is more than 7 miles away. City water is also approximately 1.5 miles north of subject property, stubbed to the south side of Ell-, Run Subdivision. No domestic wells are planned for the area at this time. The Applicant is proposing to construct a reservoir system to meet its water needs and a septic system for wastewater. In meetings with the P&Z Department, the Applicant made assurances that his engineering firm conducted preliminary studies and determined that the minimum fire flow pressure required by the Meridian Fire Marshall could be obtained through the reservoir and irrigation systems. This has not been verified. 10.7 As stated above, municipal sewer and water facilities are not available to this site. Any extension of services would have to be approved by the Meridian City Council. 10.8 OTHER: The application refers to the Northwest Pipeline Corporation's existing 75 -foot right-of-way which crosses (sic) the property from SE to NW to accommodate natural gas lines. Staff agrees that the proposed recreational facility would be a more appropriate and potentially safer use than actual building construction considering the existence of this pipeline. 10.9 The Commission should also consider the net gain of 25 acres of Mixed/Planned Use land and net loss of 25 acres of single-family homes. Are there other, more appropriately located parcels in Meridian's Impact Area that could be reclassified from SFR to Mixed Use Development? Are there features of this parcel which can be better protected or utilized if developed as a SFR subdivision versus Commercial or Mixed Use? Is there adequate SFR -designated land to meet the needs of the City's long-term housing and population goals if this property is changed to Mixed Use? 10.10 RECOMMENDATION: A number of the above-mentioned goals and policies both support and counter the proposed Comprehensive Plan Amendment from Single-family Residential (SFR) to Mixed/Planned Use Development. The predominant use of the Applicant's proposed athletic complex (recreational fields) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 5 complies with the current SFR designation. If this were the only use, a Comprehensive Plan Amendment would not even be necessary. It is the office and retail components of the project that force a change to the Generalized Land Use Map. Staff provide the following recommendation: Staff agrees with the Applicant that the provision of more recreational facilities and open space in Meridian's Impact Area is desirable. Staff also recognizes the inherent risk in changing 25 acres of high -visibility, entryway corridor land to Mixed/Planned Use when City services are not available and the City's development ordinances do not apply. If the Commission supports the proposed use but shares this same concern, staff recommends designating up to two (2) acres of the 25 -acre parcel as Mixed/Planned Use Development and designate the balance as "Park". This would protect the property from any large scale, incompatible future developments that would be permitted in the Mixed/Planned Use area if the property changes ownership but would accommodate the proposed use. 11. The City of Meridian Fire Department's recommendations are hereby incorporated as follows: 11.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 11.2 Applicant may need to fire sprinkle the building. 12. The Planning and Zoning Commission added the following recommendations: 12.1 Ada County should notify Meridian Planning and Zoning Commission of future applications on this site for this project. 12.2 That the Meridian Fire Department oversee this project as it relates to fire flow pressures and sprinkling of onsite buildings. 13. The Planning and Zoning Staff offers the following Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 6 analysis: 13.1 Land Use Chapter 1 .5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 6.3 Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided. 6.5 Recreational uses which are compatible with agricultural pursuits may be permitted in the rural areas. 6.7U Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques. Natural Resources &_ Hazardous Areas Chapter Forecast Needs, Pg. 32 — Requiring central water and sewer within the urban service planning area and limiting septic drainfields in the rural areas will limit the degradation to soil and water resources. 5.5 No septic tank systems within the Urban Service Planning Area shall be approved by Central District Health Department unless the following is demonstrated prior to approval: (a) dry sewer lines are installed; (b) will not degrade groundwater; and (c) it is solely a temporary system. 5.8U Septic or other approved individual on-site sewage disposal systems may be permitted within the Urban Service Planning Area by approval of the Meridian City Council. Transportation Chapter 1 .8U Preserve and protect future transportation corridor rights- of-way through land use planning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 7 Require all new development to provide adequate easements for future pathways. Open Space, Parks and Recreation Chapter 1.1 To provide places large enough to serve outdoor and indoor recreational needs of several neighborhoods, within minimum travel distances. 1 AU Support the development of new community facilities which would include athletic fields (e.g., soccer, baseball) and other multi-purpose facilities. Community Design Chapter 1.4 Major entrances to the City should be enhanced and emphasized. 14. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. CONCLUSIONS OF LAW ,All the procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(a)). 2. The City of Meridian shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 8 r 0 "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 9 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to City Council not more frequently than every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. Upon receipt of a complete application, the Planning and Zoning Commission shall conduct at least (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan shall be published. The Commission shall also make available a notice to newspapers, radio, and television stations. (Idaho Code § 65-6509(a)) 7. At said hearing, the proposed amendment shall be presented to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 10 Commission by the Applicant and the Commission shall accept testimony from the public. Within forty-five (45) days of the hearing, the Commission shall make a recommendation to the City Council, supported by Findings of Fact and Conclusions of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). S. An Applicant shall be notified of the Commission's decision by mail. Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision, by filing a written appeal stating the reasons for the appeal. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 9. To change a designation from Single Family Residential to Mixed Planned Use requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Commission should take the following objectives into account: 10.1 Mixed -planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north., south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - I I 0 herein. DECISION • The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and guidelines as set forth in the Comprehensive Plan of the City of Meridian, the established record, and the applicable law, that amendment of the Comprehensive Plan for two acres of the twenty five acres from Single Family Residential to Mixed Planned Use and the balance designated as Park is warranted in the instant case. ey/Z:\Worlc\M\Meridian 15360M\Idaho Baseball Academy\CPApz.rec FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT IDAHO BASEBALL ACADEMY INC. - 13 Acla Cottn1",Wia4wa" 2)ijtrict Sherry R. Huber, President :sib Last siin wreet Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us October 18, 1999 TO: Idaho Baseball Academy, Inc. 1208 North Orchard Boise, ID 83709 FROM: Steve Arnold, Principal Development An .1t Ada County Highway District SUBJECT: MCPA99-007 — n/w/c Amity Road/SH-6 Baseball Complex Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 13, 1999. The attached staff report lists conditions of approval and street improvements, which are required. If you have any questions, please feel to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney City of Meridian MCPA99-007 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report n/w/c Amity Road/SH-69 Baseball complex The applicant is requesting to modify the comprehensive plan amendment from single family to a mixed/planned use, for a baseball complex. The 26 -acre site is located at the northwest corner of Amity Road and State Highway 69. This development is estimated to generate up to 800 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Amity Road SH -69 ACHD Commission Date - October 13, 1999 - 7:00 p.m. Q0 2 cn j z �t �, . � , �. 3 Co4CE'PTU4L SkTE �LOV4 GLOBAL BASEBALL ACADEMYL99VOM Fa uERaMl [MM _ -- PHASE 1 PLAN fr •,__. _ �__ ,_Tri.. --_ ._ . __• �-.-w-' '..F"" " _.-; Facts and Findings: A. General Information Owner - Steve Lawson Applicant - Idaho Baseball Academy RT - Existing comp pian zoning Mixed use - Requested comp plan zoning 26 - Acres 292 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Far Rural - Impact Fee Assessment District Amity Road Collector with bike lane designation Traffic count of 2,165 on 4-10-97 800 -feet of frontage 50 to 80 -feet existing right-of-way (25 to 40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline for a minor arterial) Amity Road is improved with 2 to 3 traffic lanes with no curb, gutter or sidewalk abutting the site. Staff recommends that Amity Road be reclassified as a minor arterial, and that the District acquire sufficient right-of-way for a minor arterial on Amity Road because: ♦ The Amity Road/SH-69 intersection is planned to be signalized within the next year ♦ Amity Road is a section line road that extends for several miles as a major east -west connection between Ada and Canyon counties ♦ The roadway will need to serve higher density redevelopment in the area State Highway 69 Minor arterial (state highway) with bike lane designation Traffic count of 9,227 on 9-21-98 1,200 -feet of frontage Comply with ITD for right-of-way requirements State Highway 69 is improved with 5 traffic lanes with no curb, gutter or sidewalk abutting the site. A traffic signal at the intersection of SH -69 and Amity Road is planned for FY99-00. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. MCPA9907.C'v1.%,1 Paue 2 C. State Highway 69 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building pen -nit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. D. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Amity Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. E. The applicant should be required to construct a 5 -foot wide concrete sidewalk on SH -69 abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. F. The applicant should be required to relocate the existing irrigation facilities out of the new right-of-way. Relocating irrigation facilities are the responsibility of the developer. G. The District is concerned with the long term operations of the Highway 69 corridor. In order to maintain the higher travel speeds necessary for the function of Highway 69 as a regional facility, the District has been restricting access to the corridor as to public streets only. Private driveways on SH -69 should not be allowed. The applicant is not proposing any driveways to State Highway 69 and none should be approved. H. District policy requires that driveways on Amity Road be located a minimum of 220 -feet from the intersection for a right-in/right-out driveway, 440 -feet for a full access driveway, and 280 - feet from all existing driveways. The site has sufficient frontage (800 -feet) to meet District policy. The applicant should be required to locate driveways on Amity Road in accordance with District policy. If the applicant chooses to locate a driveway 220 -feet from the intersection, then the applicant should be required to construct a six-inch raised median in the center of Amity Road, from a point 10 -feet from the stop bar at the intersection to a point 50 -feet from the edge of driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Amity Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. J. The applicant should be required to construct a deceleration lane and center turn lane on Amity Road for any Amity Road/driveway intersections. The turn lane should be constructed to MCPA9907.04M Pa -e provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the deceleration lane and turn lane with District staff. K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. If the comp plan amendment is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Special Recommendation to the City of Meridian and ITD: The applicant should be required to construct a 5 -foot wide concrete sidewalk on SH -69 abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 2. The District is concerned with the long term operations of the Highway 69 corridor. In order to maintain the higher travel speeds necessary for the function of Highway 69 as a regional facility, the District has been recommending restricting access to the corridor to public streets only. Private driveways. on SH -69 should not be allowed. The applicant is not proposing any driveways to State Highway 69 and none should be approved. Site Specific Requirements: 1. Dedicate 48 -feet of right-of-way from the centerline of Amity Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Comply with requirements of ITD for State Highway 69 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 3. Construct a 5 -foot wide concrete sidewalk on Amity Road abutting the site within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. MCPA9907.CMM Page 4 0 ! 4. The applicant shall be required to relocate the existing irrigation facilities out of the new right- of-way of Amity Road. Locate driveways on Amity Road a minimum of 220 -feet from the intersection for a right- in/right-out driveway, 440 -feet for a full access driveway, and 280 -feet from all existing driveways. Coordinate the location of any proposed driveway on Amity Road with District staff. If the applicant chooses to locate a driveway 220 -feet from the intersection, then the applicant shall construct a six-inch raised median in the center of Amity Road, from a point 10 -feet west of the stop bar at the intersection to a point 50 -feet west of the western edge of driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6. Pave any proposed driveway its full width and at least 30 -feet beyond the edge of pavement of Amity Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Install a standard 30" by 30" STOP sign at all driveways accessing Amity Road. 7. Construct a center turn lane and deceleration lane on Amity Road for any proposed Amity Road/driveway intersection. The turn lane should be constructed to provide a minimum of 100 - feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the center turn lane and deceleration lane with District staff. 8. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Amity Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request _1_11 ,....,.,.:C,...il..:A__+:A. -1, ra ;ramant to he rernncidered and include a written_exnLaa A HD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. MCPA9907.CMM Page j 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requircment to be rcconsidered nci include Lv-dtten documentation of data that was not ayailable to the, Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGUNE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all riles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCPA9907.CMNf Pase 6 Conclusion of Law: ACHD requirements are in to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. October 13 1999 MCPA9907.CMM Pale 7 NOU 03 '99 17:07 FR PUBLIC WORKS 2088871297 TO 8884218 P.02iO3 FROM :DEVELOPMENT SERVICES 2ceSS42406 19 1-@2 17:06 U525 P.@2i@5 ADA COUNTY WNW DEVELOPNF-M SERVICES PHONE: (208) 364-2277650 MAIN STREET. BOIS& IDAHO 83702 FAX (208) 3Gd-2x0606 BULL)DING - ENGINEERING P PLANNING ZONING J1FcF,1vED November 3, 1999 ��-NOV - 3 1999 The Honorable Robert Corrie, Mayor CITY OF MERIDIAN Meridian City Council �,�� � �f !� City of Meridian v 33 East Idaho Meridian, ID 83642 Re: Proposed Comprehensive Plan Amendments Dear Mayor and Council Members: Thank you for providing copies of the proposed Meridian Comprehensive Plan amendments being considered by the City Council. As detailed in the Meridian Area of City Impact Ordinance adopted by Ada County, the City is required to forward a copy of proposed comprehensive plan amendments to the County for comment on whether a proposed amendment is in conflict with either the Ada County Comprehensive Plan or the Ada County Zoning Ordinance. Since Ada County has historically agreed to adopt the City's Comprehensive Plan as the applicable plan within the Area of City Impact, the following comments were prepared from the perspective that the County will be asked in the future to adopt an amendment resulting from the current hearing process. Thus, the only proposed amendment we wish to comment on is the Idaho Baseball Academy, as the area is currently too distant from the current city limits to be considered for annexation in the near future. As noted in the September 28, 1999, City staff report to the City Planning and Zoning Commission, this property is currently zoned RT (Rural Transition). Under the current Ada County Zoning Ordinance, the proposed outdoor recreational use would require a conditional use permit as a "public/quasi-public use". An indoor recreation use with accessory office and retail uses is currently defined as a "recreation and sports center" and is not permitted in the RT district. As part of our analysis of this amendment, the County Development Services Department conducted a property status report on the subject property and has determined that the property is eligible for building permits in accordance with the development standards of the RT district. NOU 02 '99 17:02 2083642406 NOV 03 '99 17:07 FR FROM :DEVELOPMENT SERVICES City of Meridian November 3, 1999 Page Two WORKS 2088871297 TO 8884218 P.03/03 If the applicant is attempting to amend the City Comprehensive Plan in anticipation of requesting a zone change from the County, the only option for a recreation and sports center is found in the M-3 (Light Industrial) District, and yet the outdoor recreation areas are specifically prohibited from this district. Unless the proposed comprehensive plan amendment specifically called for industrial uses in a mixed use area, it would be difficult for the County to make the required finding that the rezone from IST to M-3 was, in conformance with the comprehensive plan. An alternative for the applicant is to request a County Zoning Ordinance amendment to provide for the use in the RT district. The Ada County Planning and Zoning Commission is currently hearing a new Zoning ordinance forthe County. That ordinance defines these uses as an °amusement facility" and neither an indoor or outdoor "amusement facility" would be allowed in this zoning district. The combination of indoor and outdoor amusement facilities would only be allowed in a commercial zoning district. The proposed ordinance also provides for developer agreements in conjunction with rezone requests, If the City is considering approval of this amendment, the County would ask that the City amend the text of the comprehensive plan to provide clear guidance on the range of uses the City desires in the specific mixed-use area, as the City has done with other designated mixed use areas. Thank for the opportunity to comment on this amendment. Very truly yours, Jeffrey L. Patlovich, AICP Director cc: Board of Ada County Commissioners NOU 02 '99 17.02 2083642406 PPGE.03 ** TOTAL PPGE.03 200 E. Canton Su. m 201 Meridian, ID 83642 Ph: (208) 8845533 Fx (208) 887-1297 FaX To-. VAII Bevy F�m 888-4218 Phoiree PUBLIC WORKS 2088871297 TO 8884218 • � P.01iO3 CITY OF MERIDIAN Planning • Zoning Frvmt Brad Ferns -Clark Pages: 3 Oates 11/03P99 CC: O u9"rt O For Review D Plemttse Corrrrrerd O Pkmse Reply O Please Recycle WILL — PLEASE COPY THE ATTACHED LETTER FROM ADA COUNTY FOR THE COUNCIL.. PER ITEM #25 ON TONIGHT'S AGENDA. THANKSI r 0 September 28, 1999 MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30, 1999 APPLICANT: IDAHO BASEBALL ACADEMY. ITEM NUMBER: 9 REQUEST: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY HOUSING TO MIXED PLANNED USE AGENCY COMMENTS 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: SEE ATTACHED STAFF COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: SANITARY SERVICES — NO COMMENT All Materials presented at public meetings shall become property of the City of Meridian. P&Z Commission/Mayor & Council September 28, 1999 Page 2 East: Directly across SH69 from the subject property is Valley Storage Company and several acres of vacant storage/agricultural warehouse buildings. American Paving Company lies on the southeast corner of SH69 and Amity and contains office, warehouse, storage and light gravel' excavation uses. West: Abutting subject property on the west is a well-maintained single family residence with associated agricultural uses. CURRENT ZONING The parcel is currently zoned RT, Rural Transitional, in Ada County. All above-mentioned properties are in Ada County and zoned Rural Transitional (RT). COMMENTS: CURRENT COMPREHENSIVE PLAN DESIGNATION The property is currently designated in the Meridian Comprehensive Plan as Single-family Residential. The west boundary of subject property is approximately 1,000 feet from the southwest Agricultural/Rural Residential district (minimum 10 -acre lot sizes). It abuts the southernmost boundary of the Meridian Urban Service Planning Area and Area of Impact boundary. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Relevant Comprehensive Plan Goals Goal 5: To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. Goal 6: To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. Goal 7: To provide community services to fit existing and projected needs. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. Population Growth Chapter 1.4 No new residential, commercial or industrial developments should be approved outside of the Urban Service Planning Area, unless it can be shown that urban services can be reasonably CPA -99-007 1dahoBaseba11Acad.CPA • 9 P&Z Commission/Mayor & Council September 28, 1999 Page 3 provided at the time of final approval. Land Use Chapter 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self- sufficient community. 6.3 Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided. 6.5 Recreational uses which are compatible with agricultural pursuits may be permitted in the rural areas. 6.7U Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques. Natural Resources & Hazardous Areas Chapter Forecast Needs, Pg. 32 — Requiring central water and sewer within the urban service planning area and limiting septic drainfields in the rural areas will limit the degradation to soil and water resources. 5.5 No septic tank systems within the Urban Service Planning Area shall be approved by Central District Health Department unless the following is demonstrated prior to approval: (a) dry sewer lines are installed; (b) will not degrade groundwater; and (c) it is solely a temporary system. 5.8U Septic or other approved individual on-site sewage disposal systems may be permitted within the Urban Service Planning Area by approval of the Meridian City Council. Transportation Chapter 1.8U Preserve and protect future transportation corridor rights-of-way through land use planning. Require all new development to provide adequate easements for future pathways. Open Space, Parks and Recreation Chapter 1.1 To provide places large enough to serve outdoor and indoor recreational needs of several neighborhoods, within minimum travel distances. I AU Support the development of new community facilities which would include athletic fields (e.g., soccer, baseball) and other multi-purpose facilities. Community Design Chapter 1.4 Major entrances to the City should be enhanced and emphasized. PROPOSED & POTENTIAL USES OF THE PROPERTY If the Commission recommends approval of this Comprehensive Plan Amendment, the applicant proposes to develop five (5) baseball and softball fields, playground and picnic areas and an indoor facility which will include some office and minimal retail services. Other uses that could potentially be proposed within areas designated as Mixed/Planned Use Development include mixed commercial uses, combined medium to -high density residential, open space uses, lodging, offices, and public uses. CPA -99-007 IdahoBaseballAcad.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 4 The Ada County Development Services Department confirmed that, as of 9/24/99, there were no current or pending development applications for properties in this general area. According to the Ada County Zoning Ordinance, the RT zone's principal permitted uses are agriculture and single-family dwellings. It does allow for accessory and conditional uses such as greenhouses, agricultural outbuildings, kennels, lodges, stables, gravel pits and other similar, non -urbanized uses. Ada County's Zoning Ordinance states, "RT -zoned properties are not currently served by urban services and urban growth should be discouraged until urban services are extended. Until such services can be extended, appropriate use of RT lands is agricultural and development of a rural character." COMPATIBILITY & DESIGN ISSUES Amending the Land Use Map to Mixed/Planned Use Development would, as stated above, allow for a broad range of potential uses and zones. Currently, all properties annexed to the City located in a Mixed/Planned Development require Conditional Use Permits. This requirement allows greater design and site development control in these districts. However, given that City services will not be available to the subject property in the foreseeable future, any development requests for this property will be processed through Ada County and ultimately approved by the Ada County Commissioners, not the City of Meridian. There are different types of development permitted through the Mixed/Planned Development designation that could be compatible in a rural residential area. Recreational uses such as the one proposed could be deemed a compatible use if the dominant feature of the parcel is open space and recreation versus an office and/or retail use. Estimates of daily vehicle trips should be provided in order to ensure adequate mitigation measures are in place to protect adjacent rural property owners. As the principal south -to -north entryway corridor into Meridian, this property carries high visibility and any future development should be designed with this fact taken into consideration. Staff believes there is sufficient evidence to support SH 69/Meridian Road increasing in its importance as a commuter, services, recreational and commercial corridor. There are two (2) existing commercial/industrial uses immediately to the east of this property, the Victory Greens Nursery one (1) mile to the north, and a large commercially -zoned parcel (vacant) at Overland. In addition, the 1993 Comprehensive Plan designates the SH69-Victory Road intersection as a future commercial and mixed use area. Given the City of Kuna's increasing growth, this corridor will only increase in its development significance. A change to Mixed/Planned Use Development could be compatible with this trend. PUBLIC WORKS ISSUES The Public Works' Facility Plan forecasts this property to be served with sewer by the future Black Cat Trunk, which is more than 7 miles away. City water is also approximately 1.5 miles north of subject property, stubbed to the south side of Elk Run Subdivision. No domestic wells are planned for the area at this time. The Applicant is proposing to construct a reservoir system to meet its water needs and a septic system for wastewater. In meetings with the P&Z Department, the Applicant made CPA -99-007 IdahoBaseballAcad.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 5 assurances that his engineering firm conducted preliminary studies and determined that the minimum fire flow pressure required by the Meridian Fire Marshall could be obtained through the reservoir and irrigation systems. This has not been verified. As stated above, municipal sewer and water facilities are not available to this site. Any extension of services would have to be approved by the Meridian City Council. OTHER The application refers to the Northwest Pipeline Corporation's existing 75 -foot right-of-way which courses the property from SE to NW to accommodate natural gas lines. Staff agrees that the proposed recreational facility would be a more appropriate and potentially safer use than actual building construction considering the existence of this pipeline. The Commission should also consider the net gain of 25 acres of Mixed/Planned Use land and net loss of 25 acres of single-family homes. Are there other, more appropriately located parcels in Meridian's Impact Area that could be reclassified from SFR to Mixed Use Development? Are there features of this parcel which can be better protected or utilized if developed as a SFR subdivision versus Commercial or Mixed Use? Is there adequate SFR -designated land to meet the needs of the City's long-term housing and population goals if this property is changed to Mixed Use? RECOMMENDATION: A number of the above-mentioned goals and policies both support and counter the proposed Comprehensive Plan Amendment from Single-family Residential (SFR) to Mixed/Planned Use Development. The predominant use of the Applicant's proposed athletic complex (recreational fields) complies with the current SFR designation. If this were the only use, a Comprehensive Plan Amendment would not even be necessary. It is the office and retail components of the project that force a change to the Generalized Land Use Map. Staff provide the following analysis and recommendation options: Option A: Staff agrees with the Applicant that the provision of more recreational facilities and open space in Meridian's Impact Area is desirable. Staff also recognizes the inherent risk in changing 25 acres of high -visibility, entryway corridor land to Mixed/Planned Use when City services are not available and the City's development ordinances do not apply. If the Commission supports the proposed use but shares this same concern, staff recommends designating up to two (2) acres of the 25 -acre parcel as Mixed/Planned Use Development and leave the balance as SFR. This would protect the property from any large scale, incompatible future developments that would be permitted in the Mixed/Planned Use area if the property changes ownership but would accommodate the proposed use. Option B: The primary aspect of this application in conflict with the Comprehensive Plan goals and policies is the provision of public services. This property lies on the extreme south edge of the Urban Service Planning Area and, while impossible to project future development along this corridor, it will CPA -99-007 IdahoBaseballAcad.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 6 conservatively be several years before water and sewer are feasible to service this property. The Natural Resources policies (5.5 & 5.8) allow septic and well facilities if the specified conditions are met and/or the City Council approves. However, the Population Growth policy (1.4) and other sections state that when urban services are not available, the land should be kept in agricultural, RT - type uses. Would this approval establish a poor precedence for developing outside of Meridian's serviceable areas? The City's recently adopted Facilities Plan calls for expanding sanitary sewer to the north, not the south. This will likely result in an even greater amount of time before services are extended to Amity Road. On this basis, staff feels there is sufficient grounds to recommend denial. Option C: A compromise of Options A and B could be to attach a new Comprehensive Plan text policy to this application that places a limitation on the number and type of septic systems and restricts commercial and retail development along the SH69 corridor from Amity Road to a half -mile north of Victory until such time as services are available. The text amendment would be most appropriately made in the Land Use chapter, establishing a new subsection which deals with this geographic area. All future developments within this corridor would have to comply with the new policy. This would demonstrate that the City has concerns about non -serviceable development in this corridor and that we desire only rural compatible land uses, but also show support for a much-needed service in the Treasure Valley. Given the recreational nature of the proposed development, staff also recommends the City's Park & Recreation Department review and provide input on this application. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. CPA -99-007 IdahoBaseballAcad.CPA Mayor is HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (203) 288-2499 - Fax 288-2501 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT ('_08)884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 16 1999 TRANSMITTAL DATE: AUGUST 31 1999 HEARING DATE: SEPTEMBER 30 1999 FILE NUMBER: CPA-99_nn7 REQUEST: E N Y HOUSING TO MIXED LOCATION OF PROPERTY OR PROJECT: NW CORNER OF AMITY AND MERIDIAN RD. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER JR, 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 SANITY SERVICES BUILDING DEPARTMENT FIRE DEPARTMENT 79:POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO -(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT YOURMNIQISE Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:_ 16 1999 TRANSMITTAL DATE: AUGUST 31 1999 HEARING DATE: SEPTEMBER 30 1999 FILE NUMBER: CPA -99-007 REQUEST: MODIFY C PLANNED USE BY: IDAHO BASEBAL PLAN FROM SINGLE FAMILY HOUSING TO LOCATION OF PROPERTY OR PROJECT: NW CORNER OF AMITY AND MERIDIAN RD. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER JR, 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 SANITY SERVICES BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS:_ -th ,P S. n'�iA�f /V,erz� f0 !a IYL C'ON C.er PL'q� ti sf: 4,k — z r.oKVOi 7`_ o/FItWaSf �(C L Ne R�nl �S ZNcF i S wi LL - � Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live City Council Members TY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83612 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 16, 1999 TRANSMITTAL DATE: AUGUST 31, 1999 HEARING DATE: SEPTEMBER 30, 1999 FILE NUMBER: CPA -99-007 REQUEST: MODIFY COMP PLAN FROM SINGLE FAMILY HOUSING TO MIXED PLANNED USE BY: IDAHO BASEBALL ACADEMY LOCATION OF PROPERTY OR PROJECT: NW CORNER OF AMITY AND MERIDIAN RD. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER JR, 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 SANITY SERVICES BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER -v SEP 2 8 1999 CITY OF NMRIOUIN 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 YOUFj CON SE REMARKS: k /.3- RECEIVED 2 ? 1LS S P 2IJ Meridian City Water Superintendent ** TX CONFISION REPORT ** DATE TIME TO/FROM 13 09/28 17:20 3880878 200 E. CArlton, Ste 201 Meridian, ID 83642 Phone 864-5*s33 Fax 887-1297 Fc4pm AS OF SEP 0 28 '99 17:24 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 04'02" 007 204 OK City of Meridian Planning & Zoning Dept. To: S4fvd f c urn- 1callo From: ShariStiles HCc..d4^^Y Fax: `S8" C$i( Datee - ZS' 1°i Phone: mss: (Including cover) Re: CC: 0 Urgent For Review ❑ Please Conment ❑ Please Reply 13 Please Recycle •Commevstss E 200 E. Carlton, Ste. 201 Meridian, ID 83642 Phone: 884-5533 Fax: 887-1297 Fax To: J {f ve j �, � n - 1 da kQ 6 &se j 6,11 From: Shari Stiles Fax: 3 Date: q - z g -+ Phone: Pages: (Including cover) Re: CC: ❑ Urgent O For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle -Comments: LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (^_08)884-5533• Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 16, 1999 TRANSMITTAL DATE: AUGUST 31, 1999 HEARING DATE: SEPTEMBER 30, 1999 FILE NUMBER: CPA -99-007 REQUEST: MODIFY COMP PLAN FROM SINGLE FAMILY HOUSING TO MIXED PLANNED USE BY: IDAHO BASEBALL ACADEMY LOCATION OF PROPERTY OR PROJECT: NW CORNER OF AMITY AND MERIDIAN RD. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER JR, 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 SANITY SERVICES BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER SEP 3 0 1999 Cf 0 NTE, R1IDIAN P z -I,- 9 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 140 601-.4y-1 P-4 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (^_08)884-5533• Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 16, 1999 TRANSMITTAL DATE: AUGUST 31, 1999 HEARING DATE: SEPTEMBER 30, 1999 FILE NUMBER: CPA -99-007 REQUEST: MODIFY COMP PLAN FROM SINGLE FAMILY HOUSING TO MIXED PLANNED USE BY: IDAHO BASEBALL ACADEMY LOCATION OF PROPERTY OR PROJECT: NW CORNER OF AMITY AND MERIDIAN RD. TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER JR, 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 SANITY SERVICES BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER SEP 3 0 1999 Cf 0 NTE, R1IDIAN P z -I,- 9 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 140 601-.4y-1 P-4 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division W"HEALTH E #VE® Return to: DEPARTMENT Eagle � _ _ � SEP 2 91999 � Garden City Rezone # ( % C, C� % of ��— Meridian Conditional Use # pity Clerk Office ^Z Kuna Preliminary / Final / Short Plat �/ ❑ ACZ Zmac XI. We have No Objections to this Proposal. 2. We recommend Denial of this Proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14 14. AA0 6, j� c r��e +-t �o c -/T n �; t— CCs,.. -n P I A a, Date: � � c� ion ��rr✓t c �i �j r u p,,- e- I- Reviewed By: Alol�/FfYa° f a c j fav s' -A 1. Review Sheet CDHD 10/91 rcb, rev. 7/97 09/23/1999 11:29 2088885052 SANITARY SERVICE PAGE 82 ,Mayor 9 FIUl3 OF TRE i20QPsRT D. CORRIE �I.SURC VAL/„rr'y A Good Place to ,Live LEGAL DEPARTMENT C"y COUncil,XIembcr, CITY OF MERIDI I • N (208) 2SS-2499. F,, 283.250( CHARLES ROUNTRLE ccc�aaa... 33 EAST IDAHO PUBLIC WORKS GLENN BENTLEY MERIDIAN, IDAHO 336�t2 BUILDING DEPARTMENT RON ANDERSON (208) 837-2211 -Fat 837.1297 (208) 884-4433 • Fax (208) 837-4413 KEITH Q1RD City Clerk' Fax (208),188-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FU 887.1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DiVELO WITH THE CITY OF MERTDIA}v PMENT PROJECTS To insure that your comments and recommendations will belconsider Plannin & tonin � ed by the Meridian 9 9 Co mmission, please submit your Com ents and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPT MBER 16 TRANSMITTAL DATE: AUGUST 31 1999 1999 HEARING D TE: SEPTEMBER 30 1999 FILE NUMBER: CPA -99-007 REQUEST: MODIFY COMP PLAN FROM SINGLE F:Aim v �.., --- LOCATION OF PROPERTY OR PROJECT: TAMMY DE WEERD, PIZ KENT BROWN, P/Z THOMAS 13ARBEIRO, P/Z ,RICHARD HATCHER JR, 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 SANITY SERVICES BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER „MERIDIAN SCH, MERIDIAN POST ADA COUNTY H ADA PLANNING ._._CENTRAL DISTF --,NAMPA MERIDIY SETTLERS IRRI IDAHO POWER _.__U.S. WEST(PRE INTERMOUNTAI BUREAU OF RE ^IDAHO TRANSP YOUR CONCISE SEP 2 3 1999 CITY OF MERIDIAN F )OL DISTRICT OFFICE(PRELIM & FINAL PLAT) GHWAY DISTRICT 4SSOCIATION .ICT HEALTH N IRRIGATION DISTRICT ,ATION DISTRICT 'O.(PRELIM & FINAL PLAT) IM & FINAL PLAT) I GAS(PRELIM & FINAL PLAT) LAMATION(PRELIM & FINAL) )RTATION DEPARTMENT SEP 23 '99 11:36 1 2088885052 PAGE.02