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