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ApplicationMayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jacy Jones, City Clerk, by: June 14, 2016 Transmittal Date: May 26, 2016 File No.: H-2016-0056 Hearing Date: June 21, 2016 Request: Public Hearing - New Development agreement and modification to the conditions of approval referenced in the Findings of Fact and Conclusions of Law approved with the annexation and zoning request (Ord. #'s 661 & 665) for Volante Investments By: Volante Investments LLLP Location of Property or Project: 2600 & 2700 E Overland Road Ryan Fitzgerald (No FP) Gregory Wilson (No FP) Steven Yearsley (No FP) Patrick Oliver (No FP) Rhonda McCarvel (No FP) Tammy de Weerd, Mayor City Council Sanitary Services Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works City Planner Parks Department Economic Dev. Your Concise Remarks: Meridian School District Meridian Post Office Ada County Highway District Ada County Development Services Central District Health COMPASS Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. Qwest Intermountain Gas Idaho Transportation Department Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org Hearing Date: June 21, 2016 File No.: H-2016-0056 Project Name: Volante Investments Request: Request for a new development agreement and modification to the conditions of approval referenced in the Findings of Fact and Conclusions of Law approved with the annexation and zoning request (Ord. #'s 661 & 665), by Volante Investments, LLLP. Location: The site is located at 2600 & 2700 E. Overland Road, in the SE '/a of Section 17, Township 3N., Range IE. E IDIAN�- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: U00/97W OVer_la..,l Zd Filenumber(s); '00 Assigned Planner: a 004eely Related files: Ann*- in 1114 rd'�lolol ! Type of Review Requested (check all that ❑ Accessory Use ❑ Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ City Council Review ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification Information ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicamname: VOL46rt-,+-t� '--L�hone: 7-715 Applicant address: ' ,0E57`/ 4 • )-A- 4 f 1Z* - Email: City: State: 117 Zip: fp3-217j Applicant's interest in property: IX Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: City: Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Phone: Email: State: Zip: _ Phone: Agent address: Email: City: State:_ Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact Subject Property Information Zip: Location/street address: , -&W 4: 7i700 V ��ownship, range, section: Assessor's parcel number(s):���(� Total acreage: Zoning district: Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.merldiancity-org/planning r 0/9 b5) -1- l (Rev. 0611212014) Project/subdivision name: General description of proposed project/request: -04gF 1)0+ 'e� kltL t-cm G to q-n -1 ? Pc Proposed zoning district(s): Acres of each zone proposed: 7t'f-- U0 riC Type of use proposed (check all that apply): ❑ Residential ❑ Office r�7SCommercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? I 17le 1 dJF Which irrigation district does this property lie within? W _H t 12 Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.t): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: Average property size (s.f): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11-3G-3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.oM(planning -2- (Rev. 0611212014) UKER i C O ' M P ' A N I E S 3084 East Lanark Street Meridian, Idaho 83642 (208) 887-7994 tel. (208) 887-7998 fax May 10, 2016 Ms. Sonya Watters City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Re: Development Agreement Modification — 2600 and 2700 E. Overland Road, Meridian Dear Sonya: Attached is a Development Agreement Modification application for the two parcels referenced above ("Subject Property"). The Meridian City Council approved the annexation and zoning of the Subject Property on July 5, 1994 as part of an application for a total of five parcels which was commonly referred to as the St. Luke's Annexation and Zoning. The approval of the annexation and zoning required that the five parcels enter into a Development Agreement with the City of Meridian. Of the five parcels, only the St. Luke's parcel entered into a Development Agreement and that did not occur until March 21, 2000, nearly six years later. Volante Investments LLLP, the owner of the Subject Property, wishes to enter into a Development Agreement with the City of Meridian. As part of the request to enter into a Development Agreement, there are several conditions included in the Finding of Fact and Conclusions of Law that we request be modified. 1. PUD/CUP Requirement. The original application to the City of Meridian requested that the Subject Property be zoned R-15 - Residential. Prior to the July 5, 1994 public hearing before the City Council, the applicant changed the zoning request from R-15 — Residential to CG —General Retail and Service Commercial. Due to the initial R-15 — Residential zoning request, the Findings of Fact and Conclusions of Law, which was completed prior to the public hearing before the Planning and Zoning Commission, included a condition that the development of the Subject Property be conducted under Planned Unit Development procedures and as conditional uses. The PUD/CUP condition Page Two Ms. Sonya Watters City of Meridian May 10, 2016 should have been removed from the Findings of Fact and Conclusions of Law with the change to CG zoning, but was not. We ask that PUD/CUP condition be removed and the Subject Property not be subject to a PUD or CUP for any permitted use in a CG zone. 2. Water and Sewer Mains. Conclusion 14 of the Findings of Fact and Conclusions of Law states that, "That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land". Since the approval of the annexation and zoning of the Subject Property in 1994, sewer and water mains have been extended and will service the Subject Property. We ask that this condition be removed since it has been satisfied. 3. Twenty -Four Hour A Day Operation. The standard permitted hours of operation in a CG zone which abuts a residential use or district is 6:OOam—11:OOpm. 2600 E. Overland Road, the parcel to the west does not abut a residential use or zone. We ask that the 2600 E. Overland Road parcel ONLY be approved for 24 hour a day operation of permitted uses in a CG zone. Thank you for your consideration and please contact me with any questions. Sincerely, Bradley E. Miller 2600 and 2700 E. OVERLAND ROAD, MERIDIAN Narrative for the Development Agreement Modification Request • As part of the annexation of certain property into Meridian, Idaho, the City of Meridian Ordinance #661 and #665 (the "Ordinance") required that certain conditions set forth in Findings of Fact and Conclusions of Law approved by the Meridian Planning and Zoning Commission as part of the St. Luke's and Portions of Sections 16 and 17, T.3 N., R.1 E., B.M. Annexation and Zoning considered on April 26, 1994 (hereinafter referred to as the "Findings") be met, including, the requirement that any applicant for annexation must enter into a development agreement with the City of Meridian. • The Development Agreement between the City of Meridian and St. Luke's Regional Medical Center dated March 21, 2000, recorded in the Official Records of Ada County, Idaho as Instrument No. 10002183 on March 23, 2000, as amended by that certain April 2001 Addednum [sic] to Development Agreement dated April 21, 2001, recorded in the Official Records of Ada County, Idaho as Instrument No. 101048098 on May 18, 2001 (collectively referred to herein as the "Development Agreement") was originally entered into by St. Luke's Regional Medical Center and the City of Meridian, which attached the Findings as Exhibit B. • Volante Investments LLLP ("Volante") hereby requests that the City of Meridian enter into a Development Agreement for that certain property (formerly known as the Thomas and Wurst properties, and more recently known as 2600 E. Overland Road (hereinafter referred to as the "Subject Property") and 2700 E. Overland Road (hereinafter referred to as the "Future Development Property") respectively (collectively referred to herein as the "Properties" currently owned by Volante Investments LLLP). • Volante requests that the Development Agreement be amended to include any use permitted in a C-G zone. • Conclusions 11 and 16 of the Findings require that the development of the Properties be conducted under PUD procedures and as Conditional Uses. The reason for this requirement is that the applicant for the annexation of the Properties initially requested R-15 zoning and did not submit any plans for the development of the property as part of the application. Once the requested zoning was changed from R-15 to C-G (City Council meeting on July 5, 1994), which occurred prior to the City Council public hearing and approval of the annexation, the Findings should have been amended to remove the PUD and CUP requirements. Unfortunately, the Findings were not amended. As such, Volante requests the Development Agreement eliminate the PUD and CUP requirement and allow for any permitted use in a C-G zone. • The standard permitted hours of operation in a C-G zone are 6:00am — 11:00pm for a property abuts a residential use or district. The Subject Property does not abut a residential use. Volante requests that the 2600 E. property allow for 24 hour a day operation for all permitted uses. The Future Development Property is not being developed at this time and will remain vacant property for the foreseeable future. • The utility extensions required by the Findings have been completed. Vo/ante requests the Development Agreement acknowledge the completion of such work. • The proposed development of the Subject Property will be in accordance with the City of Meridian ordinances for the C-G zoning and the Development Agreement. 2600 & 2700 Overland Road Property Description A parcel of land located in the SW 1/4 of the SE 114 Section 17, Township 3 North, Range 2 East, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the S1/4 corner of said Section 17 from which the SE corner of said Section 17 bears North 89°46'00" East, 2656.88 feet; thence North 00°24'05" East, 45.00 feet to the SE corner of Destination Place Subdivision filed in Book 93 of Plats at Pages 11190 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision North 00024'05" East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following 4 courses and distances: thence North 81 °35'27" East, 158.13 feet; thence South 86'18'23" East, 471.33 feet; thence 696.48 feet along the arc of a non -tangent curve to the right, said curve having a radius of 1,809.86 feet, a central angle of 22002'56" and a long chord of 692.19 feet which bears South 75'09'15" East; thence South 64007'46" East, 23.82 feet to a point on the West boundary line of Overland Way Subdivision filed in Book 46 of Plats at Pages 3798 and 3799, records of Ada County, Idaho; thence along said West boundary line South 00°08'32" East, 980.83 feet to a point on the North right-of-way line of E. Overland Road; Thence along said North right-of-way line the following 7 courses and distances thence South 89°46'00" West, 600.41 feet; thence North 41 °30'26" West, 29.30 feet; thence North 00024'05" East, 9.19 feet; thence South 89°59'52" West, 90.00 feet; thence South 00°24'05" West, 11.58 feet; thence South 45033'34" West, 28.68 feet; thence South 89046'00" West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 34.62 acres, more or less. i OWA 351 ORDINANCE NO. 661 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE 1T ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The West half of the Southeast Quarter, Section Seventeen, Township Three North Range One East, of the Boise Meridian. LESS: A parcel of land being on both sides of the centerline of Interstate 80n, Project No. I-80n-1 (29) 45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the W 112 BE 114 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to -wit: Commencing at the Southeast comer of the NW 1/4 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise, Meridian; thence North 0°11'06" West along the East line of said NW 1/4 SE 1/4 a distance of 204.0 feet, more or less, to -a point on a ling parallel with and 120.00 feet south- easterly from the centerline of said Interstate 80n, Project No. I-SOn-1(29) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0011106" West along said East line 256.0 feet,.more or less to a point in a line parallel with and 120.00 feet northwesterly from the centerline of said Highway Survey; thence Southwesterly along said last parallel line being a 9429.30 foot radius curve right 1259.0 feet, more or less, to a point opposite Station 2402+00.00 of said Highway Survey; thence South 75°57'07" West 104.0 feet, more or less, to_a point in the West line of the W 112 SE 1/4 of said Section 17; thence South 0018'12" West along said West line 231.0 feet, more or less, to a point that bears South 10058'15" East 112.03 fist from Station 2400+52.63 of said Highway Survey; r thence North 81 °34'32" East 149.46 feet to a point in a line parallel with the 120.00 feet Southeasterly from the centerline and opposite Station 2402+00.00 of said Highway Survey; thence Northeasterly along said last parallel line being a 9669.30 foot radius curve left 1211.0 feet, more less, to the REAL POINT OF BEGINNING. ANNEXATION ORDINANCE - ST. LUKE'S/ Cie PAGE 1 352 Highway Station Reference: 2400+75.00 to 2414+40.72 The area above described contains approximately 7.51 acres. LESS: That portion of the W 1/2 SE 114 of Section 17, Township 3 North, Range 1 East, Boise Meridian, lying North of the Interstate Highway No. 80 North consisting of 32.02 acres, LESS: That portion of the W 1/2, SE 1/4 Sec. 17, T.3N, RA E, B.M., described as follows: Beginning at the sec. cwr. common to sec.a 17 and 20; thence S. 89057' E. 690.00 ft. along Overland Road; thence N. 0°38' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50019' W. 174.00 ft. along said ditch; to 1-80 Highway boundary; thence S. 76°54' W. 416.80 ft. along long chord of highway curve Rt., thence S. 81 °35' W. 152.00 ft. along said boundary; thence S. 0038' W. 12250.0 ft. to the point of beginning. Contains 20.38 acres more or less. LESS: A parcel of land being on both sides of the centerline Ramp AB survey of the Eagle Road Interchange as shown on the plans of Interstate 84 Project No. IR-84-1(12) 45 Highway Survey now on file in the office of the Idaho Transportation Department Division of Highways, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to -wit: Commencing at the South quarter corner of Section 17, Township 3 North, Range 1 East, Boise Meridian. thence Easterly along the South line of said Section 17 a distance of 1328.43 feel to the Southwest comer of Overland Way Subdivision, according to the plat thereof filed in Book 46 of Plats at pages 3798 and 3799, records of Ada County, Idaho; thence North 010917" West (shown of record to be North 0008'14" West) along the Westerly line of said subdivision 1027.67 feet to a point in a line parallel with and 100.0 feet Southwesterly from centerline and bears South 25048'36" West from Station 2414+58.80 of said Ramp AB Survey of the Eagle Road Interchange as shown on the plans of said Interstate 84, Project No. IR-84-1(12) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0OW17" West (shown of record to be North 0°08'14"West) along said Westerly line 539.20 feet to a point in the Southeasterly right of way line of existing Interstate 84; thence Southwesterly along said existing Southeasterly right of way line 792.0 feet, more or less to the most Northerly comer of the tract as described in that certain Warranty Deed dated June 11, 1981, recorded June 22, 1981, as Instrument No. 8127745 records Ada County, Idaho; ANNEXATION ORDINANCE - ST. LUKE'S/ C-G PAGE 2 353 thence along the Northeasterly and Easterly lines of said tract of land as follows South 50°35'45" East 170.13 feet (shown of record to be South 50,19' East 174.0 feet) to the Northeast corner of said tract, South 0°21'15" West (shown of record to be South.0°38' West) - 21.66 feet to a point in a line parallel with and 100.0 feet Southwesterly from the centerline and radially from station 2407+66.43 of said Ramp AB Survey; thence along said last parallel line as follows: Southeasterly along a 1809.86 foot radius curve right 634.015 feet tp a point opposite Station 2414+34.97 of said ramp AB Survey, South 64011'24" East 23.83feet to the REAL POINT OF BEGINNING. Ramp AB Survey Station Reference: 2407+66.93 to 2414+58.00 The area above described contains approximately 4.9302 acres. And that portion of the W 1/2 BE 1/4, Section 17, T31N, R.1 E, B.M. described as follows: Beginning at the Section corner common to Sections 17 and 20; thence S. 89057' E. 690.00 ft. along Overland road; thence N. 0*38' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50° 19' W. 174.00 ft. along said ditch to 1-80 highway boundary; thence S. 76054' W. 416.80 ft. along long chord of highway curve RL; thence S. 81 °35' W. 1225.00 ft. to the point of beginning, except that portion thereof described as follows: Beginning at the 1/4 Section comer common to Sections 17 and 20, T.3N, R.1 E,B.M thence S. 89°57' E. 550.00 ft.; thence N. 0035' E. 25 ft. to true point of beginning. Thence S. 89°57' E. 140.00 ft.; thence N. 0°38' E. 311.14 ft.; thence N. B9°57' W. 140.00 ft.; thence S. 0*38' W. 311.14 ft. to the true point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de -annexation if theowner shall not meet the following requirements: ANNEXATION ORDINANCE - ST. LUKFS/ C-G PAGE 3 354 a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensiv Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may ' be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with'the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9.605M which pertains to the tiling of ditches and waterways, and 11-9-6m B 14 which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fad and Conclusion of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and dearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2nd day of August, 1994. APPROVED: OR - GRANT . t N S R I ATTEST: WILLIAM G. BERG, JR., I CLERK ANNEXATION ORDINANCE - ST. LUKE'S1 C,G PAGE 4 413 AMENDED ORDINANCE NO. 661 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land situated in the West 1/2 of the Southeast 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest comer of said Southeast 1/4, thence along the southerly line of said Southeast 1/4 North 89°46'18" East a distance of 1328.43 feet to the Southeast Comer of the West 1/2 of said Southeast 1/4, said Southeast Comer being the POINT OF BEGINNING. Thence leaving said southerly line and along the easterly line of said West 1/2, said line also being the westerly line of Overland Way Subdivision( a recorded subdivision on file in Book 46 of Plats at Pages 3798 and 3799, records of Ada County) North 00'0617" West a distance of 1027.67 feet to the southerly right-of- way of Interstate Highway 84, Thence along said southerly right-of-way North 64011'24" West a distance of 23.83 feet, Thence continuing along said southerly right-of-way northwesterly a distance of 634.02 feet along the arc of a circular curve concave southwesterly, said curve having a radius of 1809.86 feet, a central angle of 20004'17", a chord bearing of North 74' 13'32" West, and a chord distance of 630.78 feet, Thence leaving said southerly right-of-way South 00021'15" West (formerly South 00°38' West) a distance of 1212.09 feet to a point on said southerly line of the Southeast 1/4, Thence along said southerly line North 89°46'18" East a distance of 638.43 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and �enino Section 2. That the property shall be subject to de -annexation if theowner shall not meet the following requirements: AMENDED ANNEXATION ORDINANCE ST. LUKE'S/ C-G. PAGE 1 414 That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensiv Plan adopted January 4, 1994. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2.416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-"05 C. G, H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9.616, which pertains to development time schedules and requirements, 11-9-605M which pertains to the tiling of ditches and waterways, and 11-9-606 B 14 which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. Meet the requirements and conditions of the Findings of Fact and Conclusion of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist; this Amended Ordinance shall be in full force and effect.from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 6th day of December, 1994. APPROVED: ATTEST: WILLIAM G. BERG, JR., afty CLERK AMENDED ANNEXATION ORDINANCE - ST. LUKE'S/ C-G PAGE 2 Pa cee I -W 51 I I 38to Zt, 364 yXI&O 6 . o�trr-Yc c IkE �'t7 `I"l�t�. ORDINANCE NO. 665 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THAT PORTION OF LAND LOCATED IN THE W 1/2 SE 1/4 SECTION 17, T.3N, RAE, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: ' Section 1. That the real property described as: That portion of the W 1/2 SE 114 Section 17, T.3N, RA E, B.M., Ada County, Idaho and being more particularly described as follows: Beginning at the Section corner common to Sections 17 and 20; thence S. 89057' E. 690.00 ft. along Overland Road; thenc e N. 0038' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50119' W. 174.00 ft. along said ditch to 1-80 highway boundary; thence S. 76°54' W. 416.80 ft. along long chord of highway curve Rt., thence S. 81 035' W. 152.00 ft. along said boundary; thence S. 0138' W. 1225.00 ft. to the point of beginning, except that portion thereof described as follows: Beginning at the 114 Section comer common to Sections 17 and 20, T.3N, R.1 E,B.M thence S. 89057' E. 55o.00 ft., thence N. 0035' E. 25 ft. to true point of beginning. Thence S. 89157' E. 140.00 ft.; thence N. 0°38' E. 311.14 ft.,- thence N. 89°57' W. 140.00 ft.; ' thence S. 0038' W. 311.14 ft. to the true point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to deannexation if the owner shall ANNEXATION ORDINANCE - ST. LUKES/THOMAS/C-G PAGE 1 365 not meet the following requirements: a, Thatthe Applicant will be required to connect to Meridian water and sewer at his expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the require- ments of 11-9-605 C, G, H 2, K and L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M which pertains to the tiling of ditches and waterways, and 11-9-606 B 14 which pertains to pressurized irrigation. e, That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County, Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 16th day of August, 1994. APPROVED: MAYOR _"GNT P. KJNaSFr%c'D Ia ' ATTEST: WILLIAM G. BERG, JR., TY . LERK ANNEXATION ORDINANCE -ST. LUKES/THOMAS/C-G 'PAGE 2 zc�o � - 9c��'rtc-►mob 417 AMENDED ORDINANCE NO. 665 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THAT PORTION OF LAND LOCATED IN THE W 1/2 SE 114 SECTION 17, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below. NOW; THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: That portion of the W 1/2 SE 1 /4 Section 17. T.314; R.1 E, B.M., Ada County, Idaho and being more particularly described as follows: Beginning at the 1/4 Section comer common to Sections 17 and 20; thence S. 89°57' E. 690.00 ft. along Overland Road; thence N. 0138' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50°19 W. 174.00 ft. along said ditch to 1-80 highway boundary; thence S. 76054' W. 416.80 ft. along long chord of highway curve Rt., thence S. 81 °35' W. 152.00 ft. along said boundary; thence S. 0°38' W. 1225.00 ft. to the point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fad and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de -annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer at his expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the require- ments of 11-9.605 C, G, H 2, K, and L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. AMENDED ANNEXATION ORDINANCE - ST. LUKES/THOMAS/C P PAGE 1 ME d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-M05 M which pertains to the tiling of ditches and waterways, and 11-9-606 B 14 which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, Mich shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 6th day of December, 1994. APPROVED: MAYOR -GRANT .I IGSFORD ATTEST: WILLIAM G. BERG, JR., WTY CLERK AMENDED ANNEXATION ORDINANCE -ST. LUKES/THOMAS/C-G PAGE 2 i 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ST. LUXES ANNEXATION AND ZONING PORTIONS OF SECTIONS 16 AND 17 T.3 N R 1 E B.M. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 26, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Wayne Forrey, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 26, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 26, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the entire parcel of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 1 property is approximately 147 acres in size; that the properties are described in the application and are incorporated herein; for purposes of these Findings and Conclusions the properties are generally described as follows: a. Land owned by the Applicant, St. Lukes Medical Center, described as a portion of the SW 1/4 NW 1/4 OF Section 16, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "St. Lukes" property. b. Land owned by the State of Idaho as a portion of Interstate Highway I-84 described as a portion of the E 1/2 of Section 17 and the NW 1/4 of Section 16, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "State" property. Land owned by the Wurst Family Trust described as a portion of the W 1/2 SE 1/4, Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Wurst" property. Land owned by the Ronald G. Thomas Family Trust described as a portion of the SE 1/4 of Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Thomas" property. e. Land owned by Curtis and Kim Peck described as a portion of the SE 1/4 SW 1/4 of Section 17, Township 3 North, Range 1 East, Ada County, Idaho, hereafter referred to as the "Peck" property. 3. That the property is presently zoned by the County as Rural Transition; that the Applicant, St. Lukas, has requested that its property be zoned Limited Office; the Application requests that the State property be zoned General Retail and Service Commercial, the Wurst and Thomas properties as R-15 Residential and the Peck property as R-4; that at the hearing the representative indicated that the Pecks desire that their property be zoned C-Go General Retail and Service Commercial rather than R-4 and the Pecks forwarded a letter to that affect on the 26th of April. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUXES Page 2 4. The general area surrounding the 167 acres of property is used agriculturally and residentially; that much of the residential property is developed at less density than allowed in the R-4 zone. 5. That the property is adjacent and abutting to the present City limits; that the St. Lukes property is adjacent and to east of Eagle Road; that the State property is I-84 and the interchange land surrounding the I-84 and Eagle Road interchange; that the Wurst and Thomas properties are between the east bound off -ramp if I-84 and overland Road; that the Peck property is between Overland Road and I-84. 6. The Applicant is the owner of record of its property as are the other parties included in the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the entire parcel be annexed and zoned as stated above; that the applicant indicated that the intended development of its property was for a hospital site but the rest of the uses were not exactly known but that it would include things like physicians offices, ambulatory care, service like diagnostic X-ray, and laboratory facilities is for R-4 residential; that the particular uses of the property included in the Application were not specifically addressed, other than generally by means of the requested zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 3 10. That in the Rural Area section of the Comprehensive Plan, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 11. That the property can be physically serviced with City water and sewer, if the Applicant and the other property owners extend the lines. 12. Meridian City Engineer, Ada County Highway District, Nampa Meridian Irrigation District, and Shari Stiles, the Zoning Administrator, the Meridian Police Department, Meridian Fire Department, the Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 13. The Zoning Administrator commented that the Limited Office zoning requested by St. Lukes and the General Retail and Service Commercial requested for the State and now requested for the Peck's, land was consistent with the goals of the comprehensive Plan; that she had grave reservations about the R-15 zoning requests and that that type of zoning was not in compliance with the Comprehensive Plan and goals for this area; the City received a letter from the attorney for James F. Griffin who owns property in the vicinity the property requested to be annexed and zoned who stated that Mr. Griffin has some grave reservations about the propriety of zoning the Thomas and Wurst properties R-15 Residential . 14. Gary Smith, City Engineer commented that sanitary sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 4 service to all of the parcels is designated to be from the 5 Mile Interceptor as it is extended; that water service to the St. Lukes property will most likely need to be from an extension of a 12 inch diameter main in Eagle Road from Florence Street, approximately 6,000 feet to the North; that because of the parcels size, if the Application is approved, that it be conditioned on the City receiving a positive result from the computer models analysis of the projects impact on the water and sewer systems. 15. That the particular zoning districts mentioned for this annexation are described in the Zoning Ordinance, 11-2-408 B. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium -high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. (L-O) Limited office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 5 noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 16. That the Meridian Comprehensive Plan, Generalized Land Use Map, shows that the St. Lukes land is to be used for commercial uses and for a medical facility; that it shows Thomas, Wurst and Peck land as being used for mixed/planned use development. 17. That the Meridian Comprehensive Plan, under Land Use, Commercial Policies, 4.8U, it states as follows: "Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high -intensity activity area, such as freeway interchanges." 18. That the Meridian Comprehensive Plan, under Land Use, Mixed -Use Area Adjacent to I-64 and Overland Road, it states as follows: "These area are unique in that they are surrounded by arterials, immediately adjacent to freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 6 combined medium-t-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses." 19. That the Meridian Comprehensive Plan, under Land Use, Overland/I-84 Mixed -Use Policies, it states as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.14U Because these areas are near I-84 and Overland Road, high -quality visual appearance is essential. All development proposals in this area will be subject to design review guidelines and conditional uses permitting_ procedures. 5.15U The mixed -use area in the vicinity of the Overland/Eagle Road/I-84 interchange is a priority development area. 20. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 7 • that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the. increase in population does not provide sufficient tax base to provide for school services to current and future students. 21. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on property, which if possible, would be retroactive and apply to all development in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 22. That Section 11-9-605 G I. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 23. That Section 11-9-605 H 3. states as follows: "In the case of planned unit developments and large scale developments, the Commission may require sufficient park or open space facilities of acceptable size, location and site FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 8 characteristics that may be suitable for the proposed development." 24. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such, as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 25. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part ofthe public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Desion Manual for Ada- County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 26. That section 11-9-605 M., Piping of Ditches, requires that all ditches, laterals or canals be tiled. 27. That section 11-9-606 B 14., Pressurized Irrigation FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 9 System, requires that underground pressurized irrigation be supplied in each subdivision. 28. That there was no testimony objecting to the Application. 29. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1." That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2.ZThat the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City' annexation authority is a Legislative function. 3. ✓/That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4.ZThat all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian hive been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 10 i existing' w/i6 n the City and State. 6.v That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would notbea shoestring annexation. 7." That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon -the initiation of the City of Meridian. 8.` That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 65 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-6-606 B 14, which pertains to pressurized irrigation. 10. ✓ TThat the proposed uses of the St. Lukes' and the State properties, determined from the requested zoning, are in compliance with the Comprehensive Plan, and therefore those annexations and zonings are in conformance with the Comprehensive Plan; that the use of the Peck property for a R-4 Residential use is not in compliance with the Comprehensive Plan, but the use of General Retail and Service Commercial, as requested on the date of the hearing, would be; that whether or not the requests by the Thomas' and the Wursts for an R-15 Residential use are in compliance with FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUXES Page 11 the Meridian Comprehensive Plan depends on whether they are conducted under a planned unit development procedures and as conditional uses, as suggested in the Comprehensive Plan. 11. It is concluded as stated above in paragraph 19 of the Findings, that development in these .areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surroundings neighborhoods; no plans were submitted with the annexation application showing the development of the Wurst and Thomas properties and thus it is difficult to zone the property without knowing the type of proposed development; that it is, however, concluded that the lack of plans for the property should not be an impediment to its annexation, but the development of the property must be controlled as a condition of annexation. 12. That the requirements -of Meridian City Engineer, the requirements of 11-9-605 G 1., planting strips, 11-9-605 H, park or open space, 11-9-605 K, linear open space, 11-9-605 L, pedestrian pathways, 11-9-605 M, and 11-9-606 H 14., pressurized irrigation shall be met and addressed in�a development Agreement. That all ditches, canals, and waterways shall be tiled and pressurized irrigation installed as a condition of annexation and if not 00 done the property shall be subject to de -annexation. 14.7 That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 12 Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion of these conclusions, and other matters, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 15.'That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning; as requested, would be in the best interest of the City of Meridian; provided, however, that the annexation and zoning of the Thomas and Wurst properties shall be conditioned on development being conducted under Planned Unit Development procedures and as conditional uses; it is specifically concluded that in this area a commercial use would be more appropriate than the R-15 proposed use; that the Commission, believes however, that the use of the property is more the decision of the land owner as long as it is in compliance with the Comprehensive Plan. 17. That if these conditions of approval are not met the property shall be subject to de -annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 13 APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and'Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED yL 7 COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED q �7 COMMISSIONER ALIDJANI VOTED_& CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, specifically that the Thomas and Wurst properties shall be conditioned on development being conducted under Planned Unit Development procedures and as conditional uses, and that the Applicant and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and entering into the required development agreement, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 14 conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED: DISAPPROVED: 10057 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LURES Page 15 • 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 5th day of July, 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED VOTE v VOTED� VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW — ST. LUKE'S ANNEXATION EXHIBIT "A" CITY OF MERIDIAN BUILDING PERMIT FEES VALUATION PERMIT FEE 26,001-27,000 228.00 27,001-28,000 234.50 100-500 16.00 28,001-29,000 239.50 501-600 18.00 30,001-30,000 245.00 601-700 20.00 701-800 22.00 VALUATION PERMIT FEE 801-900 22.50 901-1,000 25.50 30,001-31,000 . 250.50 1,001-1,100 27.50 31,001-32,000 256.00 1,101-1,200 29.00 32,001-33,000 262.00 1,201-1,300 31.00 33,001-34,000 267.50 1,301-1,400 33.00 34,001-35,000 272.50 1,401-1,500 35.00 35,001-36,000 270.50 1,501-1,600 37.00 36,001-37,000 264.50 1,601-1,700 38.50 38,001-39,000 295.50 1,701-1,800 40.50 39,001-40,000 301.00 1,801-1,900 42.50 40,001-41,000 307.00 1,901-21000 44.50 41,001-42,000 312.50 2,001-3,000 52.00 42,001-43,000 318.00 3,001-4,000 59.50 42,001-44,000 323.50 41001-5,000 67.00 44,001-45,000 329.50 5,001-6,000 74.50 45,001-46,000 335.00 6,001-7,000 82.00 46,001-47,000 340.50 7,001-8,000 89.50 47,001-48,000 346.00 8,001-9,000 97.00 48,001-49,000 352.00 9,001-10,000 106.00 49,001-50,000 357.50 10,00-11,000 112.00 50,001-51,000 361.00 11,001-12,000 119.50 51,001-52,000 365.00 12,001-13,000 127.00 52,001-53,000 368.50 13,001-14,000 134.50 53,001-54,000 372.50 14,001-15,000 142.00 54,001-55,000 376.00 15,001-16,000 149.50 55,001-56,000 380.00 16,001-17,000 157.00 56,001-57,000 383.50 17,001-18,000 164.50 57,001-58,000 387.50 18,001-19,000 172.00 58,001-59,000 391.00 19,001-20,000 179.50 59,001-60,000 395.00 20,001-21,000 187.00 60,001-61,000 398.50 21,001-22,000 194.50 62,002-62,000 402.50 22,001-23,000 202.00 62,001-63,000 406.00 23,001-24,000 209.50 63,001-64,000 410.00 24,001-25,000 217.00 64,001-65,000 413.50 25,001-26,000 223.00 65,001-66,000 420.00 BUILDING PERMIT FEES/AMENDED RESOLUTION NO. 111-A Page 2 66,001-67,000 423.50 67,001-68,000 427.50 68,001-69,000 431.00 69,001-70,000 435.00 70,001-71,000 438.50 71,001-72,000 442.50 72,001-73,000 446.00 73,001-74,000 450.00 74,001-75,000 453.50 VALUATION PERMIT FEE 75,001-76,000 457.50 76,001-77,000 461.00 77,001-78,000 465.00 78,001-79,000 468.50 79,001-80,000 475.00 80,001-B1,000 480.00 81,001-82,000 485.00 82,001-83,000 490.00 83,001-84,000 495.00 84,001-85,000 500.00 85,001-86,000 505.00 86,001-87,000 510.00 87,001-88,000 520.00 88,001-89,000 525.00 89,001-90,000 530.00 90,001-91,000 535.00 91,001-92,000 540.00 92,001-93,000 545.00 93,001-94,000 550.00 94,001-95,000 555.00 95,001-96,000 560.00 96,001-97,000 565.00 97,001-98,000 570.00 98,001-99,000 575.00 99,001-100,000 578.50 100,000 + 3.00 For Each Additional 1,000 or Fraction Thereof. BUILDING PERMIT FEES/AMENDED RESOLUTION NO. 111-A Page 3 •f • Meridian City Council July 5, 1994 Page 29 Yerrington: Second Kingsford: Moved by Wait, second by Max to have the City Attorney prepare annexation and zoning ordinance, all favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY ST. LUKE'S REGIONAL MEDICAL CENTER: Kingsford: At this time I will open the public hearing and invite the developer or his designee to speak first. Wayne Forrey, 52 East Franklin Road, Meridian, was sworn by the City Attorney. Forrey: Mr. Mayor, could we gL'equest maybe a 1 minute break to set up the overhead projector? Yerrington: I make the motion that we have a 5 minute break. Kingsford: We stand at recess for 5 minutes. (FIVE MINUTE BREAK) Kingsford: Let's call the meetinb back to order. Forrey: I have a hand out for the City Council. Mr. Mayor and members of the Council I am here tonight representing St. Luke's Hospital, also is Jeff Hull a very good architect with St. Luke's and very busy now with the development plans that they are generating. There are also several property,"i owners that are here tonight that are combined into this annexation path. I am going to show you a transparency of this area, we will refer to several properties and then I will�walk through a concise description of how we got to this point this evening. This initially began back in July 1993 about a year ago where the City of Meridian and your Waste Water Department identified 2 sewer priorities in the Community. One was a community lift station out near the Waste Treatment Plant to accommodate growth in the golf course area and along Black Cat Road, and the other priority was the Five Mile Trunk Sewer which is the red line generally that you see up in the northwest comer of this mapI And that has been referred to tonight by Gary Smith in the G. L. Voigt property. In December of 1993 the City conducted a meeting here in the Council Chambers of all of the; property owners that you generally see on that map, 63 people attended. Alternatives; for sewer in that area were discussed and in general Meridian City Council July 5, 1994 Page 30 citizens indicated that they suppl rted commerce at this intersection, the crossroads area of Interstate and Eagle Road. ;And the City's objective was to get sewer and water into that area to stimulate good economic growth and tax base for the city. The City then identified 6 property owners generally along Overland Road to create annexation path so that the City could get into the interchange area right here. Once that interchange area becomes city annexed property everything around that then becomes eligible for annexation and that creates the commerce with water and sewer and then the annexation possibility a lot of good quality development could occur. Then in February property owners met with St. Luke's and the hospital agreed to pay for engineering and architectural design to look atsl preliminary concepts. Now this property right here is approximately 40 acre site now owned by St. Luke's, this is owned by the Idaho Department of Transportation, these 2 properties here this is the Wurst property and the Thomas property and this propedt that may look like a flag lot is the Curtis .and Kim Peck property. And then the property south of Overland right here in the green hatching there is the G. L. Voigt which was the item on the agenda just prior to this one. The property in blue squiggly lines is currently in the City of Meridian, that was the Mary Moon Annexation and that is the property that Dr. Clarke was here tonight talking about the Playground. So, that is the annexation path to get from the Mary Moon property through the Voigt, through the Peck, through the Thomas Wurst, State of Idaho Transportation and into St. Luke's. That opens up the commerce then all along the Interchange. In March of this year Gary Voigt requested annexation and then in April of this year St. Luke's and the bews property began a master planning proeess'land that resulted in a conditional use permit request that is currently moving through the Meridian Planning and Zoning Commission process and I think it will coming to the City& Council in a month or two ahead. The City has really achieved an objective here of getting the water and the sewer and that annexation path established, everything is on track and tonight is really a culmination of almost a years worth of work in putting this together. When Royalnee and Associates identified' the legal description of the 1-84 interchange this large area here, they realized that the interchange legal description actually comes and touches the Peck property right here. So, it is possible to have an annexation 1 ath from the Moon which is the blue squiggly to Gary Voigt to Peck to the State of Idaho to St. Luke's. However, the Thomas property and the Wurst property have also been included in this annexation request. So, that is the annexation request that you see here tonight. On June 28th, I think that was last Thursday St. Luke's, the Mayor, Gary Smith "and other staff met with Roylance engineers to discuss the specs of that sewer line. They are getting a little closer to a design now, they have submitted some preliminary plans So, things are working well here. We have reviewed the findings of fact and conclusions of law from the Planning and.Zoning process. St. Luke's agrees with all of those conditions and in the conclusions of law, the staff comments. I should say St. Luke'hospital, this is not initially a hospital development but that is kind of a tern everyone associates when everyone hears the word St. Luke's, they think hospital. The first phase is a very high quality medical office and support uses, but Meridian City Council July 5, 1994 Page 31 down the road long term there will be a hospital. (End of Tape) development project for St. Luke's various phases over multi years, but this is what starts it tonight is the annexation. Mayor 1 would be hippy to answer any questions or Jeff Hull also the Hospital Architect. Kingsford: Questions for Mr. Morrow. I have some with respect to the large parcel that appears to be left out, between the Mary Moon property, what is the status of that property? Forrey'. That is one of the 6 pi item 4 on the sheet that I handei and at that time they declined I pathway the city identified. WI annexed Gary Voigt stepped Overland and annex that gives is why that is void right now. Morrow: How large of parcel Forrey: I think that is probably Morrow: Will this annexation :els that the City contacted back in January and that is iut. That was owned I think by May Trucking Company participate in this annexation path. That was the initial n it came clear that they at that time did not want to be ward and said perhaps if we go on the south side of ie path and that met their development objective. That acres. an enclave? Forrey: Well, this project here is still in the county so in that sense it wouldn't be a true enclave. However, I believe, the best information that I have is that has now sold. It is no longer owned by May Trucking Company and the new owners have talked about annexation into the City. Gary do you have any more recent? Morrow: My next question is coOld -not the freeway be annexed? Forrey: Yes Morrow: And why does this anripxation not include the freeway portion there? Forrey: Well, it would includ4 the portion that the State of Idaho describes as the interchange which is the large gteen dashed area right here. It probably should include this area right here then adjacent to the Curtis and Kim Peck property. Morrow: Can it not tie into the Moon property? Meridian City Council July 5, 1994 Page 32 Kingsford: I think you have to border on one side or the other, I think we have had that discussion before. You can't annex down a road strip, what was that the (inaudible) ruling. So they won't let you annex just a road strip you have to border on at least one side. If Mays request it would require of them to annex that freeway. Morrow. On Gary Smith's comments he alluded to effect that there seems to be a one acre parcel deleted from the annexation. Forrey: Yes, that may be, Lynn Thomas is here tonight, I think that is on his property, this one acre parcel here, Lynn is that excluded from the annexation, it is included. It might be a typographical error in the application. Kingsford` It is something that Forrey: I do know that the legal of confusing. There is a lot of, and reviewed. Kingsford` Other questions for Crookston: Yes, Mr. Forrey can requested to be zoned? Forrey: The Voigt property has has requested .C-G, Commerc Thomas and Wurst property, indicated that it was an inapprop that the City and the Thomas's a development goals and still mee interchange. The Department a Industrial I-L zone in the currei Meridian is zoned Commercial State has a letter on file with the commercial. And then the St. t zone. Crookston: Thank you Kingsford: Any other questions public? require us to reexamine those legal descriptions. Aptions for the Thomas and Wurst properties are kind Gary noted in his comments, so it has to be checked Forrey, Counselor? give me a detail of what zoning each parcel is being Pequested R-4 zoning, the Curtis and Kim Peck property 31 General, I am unsure what the zoning request for the they initially requested R-15 and city staff comments date area for a residential zone and it is my understanding e reevaluating what type of zone would accomplish their the intent of the City to establish businesses around that Transportation has requested Industrial Zoning, the Light t City zoning ordinance, the other interchange that is in ind that is the Meridian Interchange where JB's is. The ;ity saying they would prefer industrial zoning rather than ike's property their request is for Limited Office, the L-0 Mr. Forrey? Thank you Wayne, anyone else from the Meridian City Council July 5, 1094 Page 33 Ronald Thomas, 2600 East Ov Thomas: I would like to ask qt State came out and put the m buying property right here. The all of this area, I don't know how bought any ground to make the ask, I think right now the City pieces of property and I am won can you go down to highway like of property? I've got another qt does anybody have any idea ho% is it going to get over on that planning or anything set up for would appreciate it. I am for tl would like to see water, sewer Meridian and I hope to see the w questions that I would like to he Kingsford: Well, with regard to deal with if we annexed it. VI requests by yourselves and the & Z and this will something th request was for R-15, subsequi that be changed to commercial the hearings at P & Z to chanc Crookston: No and Road, was sworn by the City Attorney. itions mainly, I have a couple of questions. When the pass, not the overpass the interchange they stopped lidn't buy any property west, I don't know how they got zy came clear down the freeway here when they never iterchange for one thing. Another thing I would like to uncil has a request for commercial zoning for these 2 ring if these 2 pieces of property are not annexed how )u are saying and annex without picking up other pieces ;tion, to get sewer to our property what is the process, le sewer is going to get not only to my property but how Is of the freeway? Are there any plans any financial it. Maybe part of those questions can be answered, I project, I would like to see the whole thing annexed, I all of it. I think it is a tremendous asset to the City of Is thing to go, it looks real good to me. I just had some answered thank you. it first question that is one that no doubt the courts will regard to the second comment I think you referred to first property. In your original request it went through P Vayne will have to address, when they heard that the that came in and you had your letter here requesting I am not sure Counselor, would that have to go back iat after their hearing. Kingsford: It would not, your thirdiquestion with regard to how does it get over there. We have some money that we have budgeted for that entire line. It is not designated to go in any part of it, With regard to setting it over the bulk is going to be borne by those who benefit by it, i.e. yourselves, Voigt, Wurst, May and so forth, does that answer your questions: s� Thomas: The one, (inaudible) h are on original tax numbers are Kingsford: Certainly as this double checking those legal Lawrence Rackham, 1260 ens to be my 1 acre where my house is all 3 of those in the (inaudible). when you have that many properties we will be is. Anyone else from the public? Road, was sworn by the City Attorney. Meridian City Council July 5, 1994 Page 34 Rackham: The question I had goes further than Mr. Thomas's here. What are the plans of the City in annexing this area in here or the surrounding property here with it? For the area of Eagle Road and Overland and the adjacent properties to that for future? Kingsford: Well, I guess just to s been our persuasion to go out considering the request made c at our new comprehensive plan t to review those. Those proposal; and wells and all of those thin(( likely until we had a request fro Rackham: You have no future ib at that Mr. Rackham, as was stated earlier it has not nd annexes without request so certainly we would be us when those come. It is our desire if you take a look it there are proposals for those areas and you may want nclude a number of things including parks and schools That is addressed but we wouldn't take that up most property owners. though other than your Kingsford: Well, just our basic planning document is basically what any City deals with. If we owned the land we would have more specific plans but we are not in the land owning business. Anyone elslq�from the public? Seeing none I will close the public hearing:. Council members. 1 Morrow: Mr. Mayor, my only question would be of Gary and Shari with respect to and I think most of them have been answered. Do either of them have anything further to add to their comments as per their letters of April 23rd? Kingsford: Non-verbal communication that I am receiving is in the negative. Counselor with regard to the Thomas and 1Alurst property that the request was for change in zone, that would need to be addressed at the request in terms of preparing an ordinance am I correct? it Crookston: Yes, they re be whether the notice of Kingsford: We received that on original package. So, it would p Crookston: I don't think that real either the R-15 or the C-G. At commercial zone there. I don't Morrow: There has been no conclusions? it prior to this hearing. I guess my only question would included those. 23rd of June my assumption would be that it was the bly have been noticed with an R-15 on those parcels. affects it since we haven't had any testimony objecting most of the testimony has been reflected a desire of a ink that is going to be a problem, change in the P & Z findings of fact and r Meridian City Council July 5, 1994 Page 35 Crookston: No there haven't. Morrow: I would move that we adopt the findings of fact and conclusions as written for P & Z. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law on the St. Luke's annexation as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington Yea, Corrie - Yea MOTION CARRIED: All Yea Kingsford: I will entertain a motion to have the City Attorney prepare an annexation and zoning ordinance. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney prepare a zoning and annexation ordinance, discussion Mr. Morrow. Morrow: t would just like to see included in the ordinance the change in zoning for the Thomas and Wurst properties, I think that the motion should reflect the change from R-15 to C-G. I Kingsford: Likewise is it Morrow: That is correct also. Kingsford: I would entertain them. Is the second willing to Corrie: Yes sir Yerrington: The motion is to require development agreements on each parcel. to drop the second and the motion and rephrase Morrow: In that case Mr. Mayor I move that we instruct the City Attorney to prepare and ordinance for the annexation for the parcel known as the St. Luke's project to and including t Meridian City Council July 5, 1994 Page 36 the change in zoning on the TI development agreements are Yerrington: Second and Wurst properties from R-15 to C-G and that also 'ad for each parcel as development occurs. Kingsford: Moved by Walt, second by Max to instruct the City Attorney to prepare annexation and zoning ordinanc6 for the St. Luke's annexation to reflect the change from R-15 to C-G on the Wurst and Thomas property and to require that a development agreement be required for each`parcel, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: TONY BOHNER: LANE SUBDIVISION (CHRIS Bohner: I am representing Mr. 1 matter. The purpose as I reques was sent out by the City of ME which basically revoked the ac client for instatled on site sewE Project. And the purpose is to try what happened. Looking at M concerned that the developer conversation that the City had wit property in which the easement H for this access road. And of tour; didn't. I requested my client if the had knowledge of Mr. Flagen's L 1994 letter. Each of you have Project Administrator and Planni you the Council and Mr. Mayor th; estate prior to the easement beir after Jack Niemann passed awe believe this discussion and Wayne will notice by that letter that this the sewer through his land so it w Forrey in his capacity as the PI+ require an easement and require you know that we were operating known by the person at the tim requirement of the City as far Ei EASEMENT MAINTENANCE ROAD - LANSBURY hris Williams on the Lansbury Lane sewer access road id to be here is based upon the June 2, 1994 letter that idian that was signed by Mr. Smith your City Engineer eptance letter which the City of Meridian issued to my and water systems and off site sewer system for this o let the Council know exactly what occurred there and Smith's letter and I have talked to him, the City was nay have had some knowledge and based upon a the owner of the (inaudible) the one that owned the real is granted (inaudible) that he had not given permission ► Mr. Williams said yes I did and Mr. Flagen said no he was anyone else that he was aware of that may have iderstanding and that is what brought about the July 5, copy of it signed by Wayne Forrey, your former City g & Zoning Administrator in which Mr. Forrey is telling he had a conversation with the owner of the (inaudible) I granted. You will notice in the first paragraph shortly I understand that was in March or April of last year I is here and he can testify to that in June of 1993. You naudible) estate owner requested of my client, to bring ild enhance the investment value. And at that time Mr. finer for the City informed him very clearly that would is access road. And so the importance of that is to let or my client was operating in good faith that this was this easement was to be granted. Now, the actual an access easement road did not come about until RECOMMLREQOFSTEDnY W16NRECOWMMMM ADA COUNTY RECORDER Chrhlepher D. Rich AMOUNT 19.00 n,oReno1+eraoHur BOISE IDAHO 10I00112 09:59 AM 9imw. mAm,simExoo DEPUTY Bonnie Oberbilliy II eosrom¢Eoxo,66 III I'I�IIIIII'II'IIIIIIII'I'llllll'll RECORDED —REQUEST OF A E0=111) snm-use Ronald Van AuW 112113t318 so&w 86w (SPACEAwwUnm&REW wm-s Un) BARGAIN AND SALE DEED FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, RONALD W. VAN AUKER, a married man, dea mg with his sole and separate property, Grantor, hereby grants, bargains, s lls and conveys t VOLANTE INVESTMENTS LLLP, an Idaho limited liability limited partnershipNGrantee, whose current address is 3084 E. Lanark, Meridian, Idaho 83642, all of his right, title and interest in and to certain real property located in Ada County, Idaho, more particularly described on Exhibit A attached hereto and made a part hereof by this reference. TOGETHER WITH all improvements, easements, hereditaments and appurtenances thereto, and subject to such other rights, easements, covenants, restrictions and zoning regulations as appear of record or based upon the premises. IN WITNESS WHEREOF, Grantor has hereunto subscribed his name to this instrument effective the first day of July, 2012. GRANTOR: BARGAIN AND SALE DEED - P. 1 2600 AND 2700 EAsr OVERLAND ROAD - THOMAS AND WORST PROPERTY STATE OF IDAHO 5S. COUNTY OF ADA On thiday of , 2012, before me, the undersigned Notary Public in and for said State, personally appeared RONALD W. VAN AUKER, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �• �°s OTAt Y PUBLI , State daho �OTARy t 'Residing a[ • Commission expires; 1�— /— sy�pUB4�G J •,. �' OF BARGAIN AND SALE DEED - P. 2 2600 AND 2700 EAST OVERLAND ROAD - THOMAS AND WORST PROPERTY ExmBrr A THAT PARCEL OF LAND SITUATED WITHIN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 17; THENCE EASTERLY ALONG THE SOUTH SECTION LINE OF SAID SECTION, 1S28.43 FEET TO THE SOUTHWEST CORNER OF OVERLAND WAY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FIELD IN BOOK 46 OF PLATS AT PAGES 3798 AND 3799, RECORDS OF ADA COUNTY, TDAHO, SAID CORNER ALSO BEING THE REAL POINT OF BEGINNING; THENCE ALONG THE WESTERLY BOUNDARY OF THE AFORMENTIONED SUBDIVISION NORTH O DEGREES 08'14" WEST 1586.87 FEET TO A POINT LYING WITHIN THE SOUTHERLY RIGHT OF WAY LINE OF I-84-N, SAID RIGHT OF WAY LINE BEING DESCRIBED IN THAT DEED RECORDED AS INSTRUMENT NO. 600431, THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID I-1]4-N, BOO FEET MORE OR LESS TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN A DEED RECORDED AS INSTRUMENT NO. 8127745; THENCE SOUTH 50 DEGREES 19' EAST 174 FEET; THENCE SOUTH O DEGREES 88' EAST 1231.21 FEET TO A POINT LYING WITHIN THE SOUTH SECTION LINE OF SAID SECTION 17; THENCE EASTERLY ALONG SAID SECTION LINE 538.43 FEET, MORE OR LESS TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO. 8504548. AND EXCEPT THAT PORTION LYING WITHIN THE OVERLAND ROAD RIGHT-OF-WAY. And THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTICN 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 17 AND 20; THENCE SOUTH 89 DEGREES 57' EAST 690.00 FEET; THENCE NORTH 0 DEGREES 38' EAST 1231.21 FEET TO CENTER OF AN IRRIGATION DITCH; THENCE NORTH 50 DEGREES 19' WEST 174.00, FEET ALCNG SAID DITCH TO I-BO HIGHWAY BOUNDARY; THENCE SOUTH 76 DEGREES 54' WEST 416.50 FEET ALONG A LONG CHORD OF HIGHWAY CURVE RIGHT; THENCE SOUTH 81 DEGREES 35' WEST 152.00 FEET ALONG SAID BOUNDARY; THENCE SOUTH O DEGREES 38' WEST 1225.00 FEET TO THE POINT OF BEGINNING. EXCEPT THOSE PORTIONS CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO'S B804515 AND Ba04598; AND EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD RIGHT OF WAY. BARGAIN AND SALE DEED - P. 3 2600 AND 2700 EAST OVERLAND ROAD - THOMAS AND WURST PROPERTY LESS AND EXCEPTING THEREFROM any portion of said property deed to Ada County Highway District by Quitclaim Deed recorded December 29, 2011, as Instrument No. II1106255,records of Ada County, Idaho. APN# S 1117438626 and S 1117438451 Street Address: 2600 E. Overland Road, Meridian, ID 2700 E. Overland Road, Meridian, ID BARGAIN AND SALE DEED - P. 4 2600 AND 2700 EAST OVERLAND ROAD - THOMAS AND WURST PROPERTY Exmrr A P"LetL.= ***** THAT PARCEL OF LAND SITUATED WITHIN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN. ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAI❑ SECTION 17; THENCE EASTERLY ALONG THE SOUTH SECTION LINE OF SAID SECTION, 1328.43 FEET TO THE SOUTHWEST CORNER OF OVERLAND WAY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FIELD IN BOOK 46 OF PLATS AT PAGES 3708 AND 3799, RECORDS OF ADA COUNTY, IDAHO, SAID CORNER ALSO BEING THE REAL POINT OF BEGINNING• THENCE ALONG THE WESTERLY BOUNDARY OF THE AFORMENTIONED SUBDIVISION NORTH O DEGREES 08'14" WEST 1586.67 FEET TO A POINT LYING WITHIN THE SOUTHERLY RIGHT OF WAY LINE OF I-84-N, SAID RIGHT OF WAY LINE BEING DESCRIBED IN THAT DEED RECORDED AS INSTRUMENT NO. 6DO431 THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAI❑ I-84-N, BOO FEET MORE OR LESS TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN A DEED RECORDED AS INSTRUMENT NO. 81Z7745; THENCE SOUTH 50 DEGREES 19' EAST 174 FEET! THENCE SOUTH O DEGREES 38' EAST 1231.21 FEET TO A POINT LYING WITHIN THE SOUTH SECTION LINE OF SAID SECTION 17; THENCE EASTERLY ALONG SAID SECTION LINE 638.43 FEET, MORE OR LESS TO THE REAL POINT OF BEGINNING. r T&" -`I P' LDS Zj ICA?i EXCEPT THAT PORTION CONVE ED TO THE STATE OF IDAHO BY DEED RECORDED WPIGfsI'i 1 INSTRUMENT NO. B8048./5r LCO.'c45 0x Atc [f", X-4i 1w. �: 44Vi"1�M.11. %CLw�K� •1 `"".�T P�v C'.L v� C.L LTV L.1 �11 To �TCTQ COLI.N.T''T j-b6 U/JLw1-'1i yl 'Zoo - as THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING. AT THE SECTION CORNER COMMON TO SECTIONS 17 AND 20; THENCE SOUTH 89 DEGREES 57' EAST 590.00 FEET; THENCE NORTH O DEGREES 38' EAST 1231.21 FEET TO CENTER OF AN IRRIGATION DITCH; THENCE NORTH 50 DEGREES 19' WEST 174.00, FEET ALONG SAID DITCH TO I-BO HIGHWAY BOUNDARY; THENCE SOUTH 75 DEGREES 54' WEST 416.80 FEET ALONG A LONG CHORD OF HIGHWAY CURVE RIGHT; THENCE SOUTH 81 DEGREES 35' WEST 152.00 FEET ALONG SAID BOUNDARY; THENCE SOUTH 0 ES 38' WEST 1225.00 FEET TO THE EXCEPT THOSE EPORTIONS CONVEYED TO THE STATER OFPIBEGINNING.OINT OF DAHO BY DEEDS RECORDED L'(� �clljt3 A,5 UNRER INSTRUMENT NO'S 8804515 AND 8804598( gt"VAS v` A�(c I f Alrk e kXzLf'4'� P"4'Hvv Gco'vey-e'4 -to AAA. a, Fi��l.w�ti.� l�ui'•i<� AS �5 '�vOs'Iti',.v�..--,._'+• 1.n-cX--c( e.loye<i 1w w4l"r"'..6-1 1AL (n4,. I OS 13 15 +i.S, n.Lac: ve4s u F ✓G &0 'c..6�ev Oy 44e. f_b," 4--11 l=/ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 1, VaA,,kye 4F t . 4p-i4ar-K, e277 (name) (address) 1 JK,- II t2t Orl,-►- � 7 (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _tlL—day SUBSCRIBED A-aJi„&JVORN to before me the day and year first above written. •?'' ' pOTA *y (Notary Pu for Idaho) '608LIV- Residing at:0�// ZS dF lD My Commission Expires: Community Development . Planning Division .33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridianci .ore/plannine e28� mnv. <gPaa a o �naa 4 ss's CITY OF MERIDIAN PRE-AppuCATION MEETING NOTES Project/Subdivision Name:'. retail development. Applicants)/Contact(s): i s Dan Zimmerman Bran City Staff: , Bill. -. Location: 2600 E. Overland Road Comprehensive Plan FLUM Designation: MU-RG Design Guidelines Development Context: ❑ Urban Existing Use: vacant Proposed Use: grocery store, retail development Surrounding Uses: vacant/undeveloped land: commerclal Street Buffer(s) and/or Land Use Buffer(s): 50' wide buffer reg Open Space/Amenities/Pathways: NA Access/Stub Streets/Street System: Shared Waterways/ Floodplain/Topography/Hazards: History: Ord. #661 & 665 - A developmer Additional Meeting Notes: a /41d C v y ZI;16o Size of Property18_75 XUrban/Suburban El Suburban ❑Rural Existing Zoning: C-G Proposed Zoning: NA • venty Dareel A5171 t4386,)(i Is an Vininal narrpl of score" as dpfinad by 1 Ir1C 11-1 A-1 — o It a Note: ATrkc Impact Stu8y (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays $ expedtis the hearingprocess, applicants are encouraged to submit the TI S to ACHD prior to submitting their application to the City, Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at387 6178 or Christy Little at 387-6144 at ACHD for Information in regard to a TIS, conditions, impact fees and process, Other Agencies/Departments to Contact: .p, S ,g Ada County Highway Dist, (AGHD)Z ❑ Nampa Meridian Irrigation Dist, (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settlers Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Applicafion(s) Requtredt ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance X Development Agreement Modification J $07-e0 ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment -Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment -Text X Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing (except for a vacation or shod plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D•3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Anysubsequent changes to the UDC and/or Comp Plan may affect yoursubmittal and/or application, This pre -application meeting shall be valid for tour(4) months, Sign -In Sheet Neighborhood Meeting — May 6, 2016-2600 & 2700 E. Overland Road, Meridian Name Contact Info 5/2/16 Telephone call Tom Rugg — Rugg Land & Livestock —. Owns Bank of the West building. Supports development in this area. 541-969-9058. 5/3/16 telephone call Mark Dukes— High Desert Harley-338-5599 — In favor of developing the property. He wants more traffic in the area. COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/age t signature Date Community Development. Planning Division n 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ore/alannine