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NEB-i Company AZ (D & B Supply)HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICEL.GASS,CityTreasurer CITY OF MERIDIAN MAXYERRINGTGN GARY D. SMITH, P.E. City Engineer ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN r. sHAwcROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief SHARI STILES W.L. "BILL" GORDON, Police chier MERIDIAN, IDAHO 83642 ~EC~.~~~~? Planner 8 Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-221 I t. Chairman -Planning & Zoning GRANT P. KINGSFORD ~~'~ ~'gT ~~~~y p Mayor CITY ®F A~E~lDI~1~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning 8 Zoning Commission, may we have your answer by: June 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: -Annexation/zoning for NEB-i Companv. BY: Bill Gever and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: SE corner of Cherrv Lane and JIM JOHNSON, P/Z MdE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C -MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: JAN-14-1991 17 11 FROM CIT'f OF MERIDIAN TO - • 3^80329 P.01 • i APPLIATION FOR ANNEXATION APPROVAL & ZONING OR RHZONE MERIDIAN PLANNING AND ZONING COM~I~~~~/~~ MAY 1 2 19°4 FxLrNC rNF .T.t~i I. GENERAL INFORMATION NA (PROPOSED NAME OF SUBDIVISION} SE Corner of Cherr Lane and Locust Grove Roads `~ (GENB&AL LOCA~'IONj I~W_114. Section g T 3N R lE Lots 8 through 17 of Pleasant Valley Sub. ~ (LEGAL DESCRIPTION - ATTACH IF LENGTHY) -~ Ro er C. Crandlemire_ _ 939 1400 _ (OWNER(S) OF RECORD} (NAME} (TELEPHONE NO.) 1400 Floatin Feather Road Ea le Idaho 83616 (ADDRESS} NEB-i Company Mr Bill_Gever 345 3335 (APPLICANT) {NpNE} ~ (TELEPHONE N0.} _500 W. Idaho. Boise Idahp 8'i7C~ (ADDRESS} Hubble En ineeri Inc. James C. Merkle 322-89 2 { ENCfINEER, S~IRVLYC& DR PLANNER ) ( NAME j { ~i'ELEPHONE NO . 9550 W. Be hel Court Bc~i GP Idaho R'i7n9 ~ADDRE$5j -- JURISDICTION(S) REQUIRING APP&ovAt~ (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +5d NA ACRIIS OF LAND IN CONTIGUOUS OWNERSHIP. (ACCFPTFn BY:j (FEE) • • ~ ENGI/yF~ 9~ RUBBLE ENGINEERING, INC. 2081322-8992 ^ Fax 2081378-0329 9550 Bethel Court ^ Boise, Idaho 83709 Qy 0 ~ SUR~~y May 12, 1994 ~~~~~tl' ~~ Project No. 94086 MAY 1 2 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Meridian,. Idaho 83642 Re: Annexation and Zoning of 9.01 Acres SE Corner of Fairview Avenue and Locust Grove Road Dear Ms. Stiles: On behalf of NEB-i Company, we hereby request that the property descnbed in the attached application and legal description be annexed into the City of Meridian. The present land use is pasture and farmland. The proposed land use for the entire property will be general commercial. The present zoning is R-8 in Ada County. The proposed zoning is C-G in the City of to the West. The property adjacent Meridian which is consistent with the existing zoning on the to this parcel on the South and East is zoned R-8 in Ada County and the property North is agricultural land zoned R-T in Ada County. The proposed annexation and rezone conform with the Meridian Comprehensive Plan Land Use Map as general commercial. No variances are being requested at this time. 'T'hank you for your time and consideration. Sincerely, ~., ..~~,,,~ + i ~;~ , ;~ .~ i,~_ `~ f .James C. Merkle, P.E. Attachments cc: NEB-i Company JCM/mf/neb-iatr Please call if you have any questions. • May 10, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Annexation & Rezone of 9.01 Acres SE Corner of Cherry Lane and Locust Grove Roads Dear Ms. Stiles: r~ MAY ~ 2 ~ss~ csr~ ~~- ~~c~~~~~~~~w I, Tracey Persons, hereby promise to post a legal notice of public hearing for the 9.01 Acre Annexation and Rezone hearing one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. Tracey ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~~~ day of 1994 personally appeared Tracey Persons whose name is subscribed to the within instrument and who acknowledged to that she executed the same. ~ '~ a ,~~oiicci~ _- I~'esi~mg ifi~ ~30~ Fr p 4,~,~ ~ :~ ~('~ ~'''~ ~`' ©'~ 11% ~ e .__ My bond expires ~ Z9 ~9 • CJ May 9, 1994 City of Meridian Ms. Shari Stiles, City Planner 33 East Idaho Street Meridian, Idaho 83647 RE: Annexation and Rezone Request Dear Ms. Stiles: MAY i 2 t9~4 .,4 ~~ ~i 't ~: +'ts.l~.ii~diii4 I hereb state that I am the record owner of the proper nd rezone thetparcelaof ground. Y description, and regeust that the City of Meridian annex a ~~ oger C. Crandlemire 1400 Floating Feather Road Eagle, Idaho 83616 ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) n ;~ 19 `~ before me, the undersigned Notary On this ~ day of /M ~ -~-~' whose name is Public for said State, personally appeared Ro er C. Crandelmire , subscnbed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate 'rst above written. N ~ tary Public or Idaho Commission Expires: ~ " 3 ~ ~ ~ Residing in: rw Fah` .Idaho ` • L • • t~:~Y i 2 194 ~1~0 ~i .,~~ .-...=.~iJttii`~ Project No. 94086 ANNEXATION DESCRIPTION. CRANDLEMIRE PROPERTY May 10, 1994 Lots 8 through 17 of Pleasant Valley Subdivision as same is recorded in Book 12 of Plats, at Page 665, records of Ada County, Idaho. Except Northerly 12.4 feet thereof. Containing 9.01 acres, more or less. ~~ ', DEED.({ .- _ and. ltdelaide. Mast, . h~band and , wi ~T•goger~C: Crand~ . ~'~ [~ ~j, ; ation Road. Boise, _ .. .. - _ - .. _ ...._ -CoY4bt;-~P_~~?r...,-.ter;. ~_,;,.~, _... .. i; ,• x Mae Foc Valor Received "` John B s ! ~.~~ M~ti4 s l~.f--- - i _ -_ seA a~ide~-~~ ~~'~ `~ J hereby grant ~•'>~a' i t4C8,dOc ~`i :. ti ~.:~ t1` 4Y' , ` ~ j ~, ~f awhosecurrentaddressia ~,C/O 5?03 Pla( ~T+. F .r_ZS +. .t ray "-~~ 1~, K..2~s• ~-' ~ - RlDgdeiC[ibld ...-_C` K~~~ ~r~.~J...v .Yt < S h ~O~ • ., LS . C • ~: ~~ ~~~' Lots_.8` through. 17 inclusive:' of pleasant Valley Subdivision, }•,~fi-- t'u-y~ t;according to, the- official Plat thereflf. filed in Boo ' - : c ,~},~ b65, Records of Ada County. Idaho. ~i, ~~, ;~~~~f; ;t12~oP.,Plats,. at~ps~s ~. ~ , ,~c •~s ~:~, , • ~~ ~~x~• 386828 rr `~~'.: ~~~.gxa~tbthde~~e~d~ er~I~tiriauant, testate of ' x Id Y ~ _ ~ , :~~ f. ~~ tijy-, . ~'~`and 388829. _ - ~ 4 -,f ~; t'_.~ _. ._. hereditaments; ~ ~ i 3 s ether r+ith. all.. and sit~ular ,the tenements,.. , - ~;',~-~a~nd-;appurtenances thereaato;belonginq or is anywise appertaininq,= .~ ~''•-' ' water<righta, ditches and ditch rights appurtenaat`~, ~`~` . and:•all watt(r, ._ ,~ ith. k{ ~';~z~`.~ Y ~~.` ~ k,, ~.u - - .. ~~~:',~, ,thereto or'conaected tl>Iereu,. } • ~, _ .: : -'~ r ,;:. r f ,~; K _ _ __ ,, qtr f~g~je:ct to `all easements astd rights cf trams of record or ~k Sri on tT+e land. ': ' ~ - ~~, tom. ~ ~ r S'Also ~ subject ,to taxes and assessments 'levied;Fand assessed ~~,. ' , s.. for `the year lg,_,. tvhich+a]cel nov 1=etis but:_'not lyet Sue nor , . , . y~able . ; , , Pa .~ _ ~f r r ~ yfs~eE-,fir. '• r f~ ~.~r~`- f tc' ~ 't~ .,y,- 7..E-' i.?I ;'~ t ~Rr 1_ri~"'~~ai-} ~l`,,+. ~ O '7.- ~~ s+~ s F ~ ~ t'T G'- C' r f s ~.. 4~ t.y~,'_7,y i ., `~ + ` r .. s ~ ~' + ~^ '.. I'.i i1i ~.1 'h 1 ik+~ ftYf-I a ' r ~ ~t • nL,s }+a~lfr+ + ~, _ ( y. a ~}.)R Y` f,( ~.. ~J1(1' `~ ` ;l> j ~ ~` ! "~ ~- ... a "~. s T~~l t' _ t t ~' F Z F ' ~~'~ ~ LD ~ the said w-th tbe>: appurtenances unto the said Grantee ..~ ,TO HpVM'.AND ~TO HO P~~ ~y,~r,~'heus and assigns for+r+rer. Md the said Grantors : do -hereby covenant to and with the aaid • ~.. the owners in fen mmPk+ of slid pcemiaes: chat they are See Lwm all m that,. they -are ,;,4 ` a _. ,.> lbeanees. ~~~ ~ ~s ~~ ~cs~.=. s. Ka .y rat ;*~tFe~ x;,,r~ c ->"y t A' %ta~:}"-^~-~ . K,-'rY < R f ~ 4 l tb3-'t hey ' wiII warrant ant defend the same floor all lawful cLtms whatsoever r . ~. Fr tad.. yr. ~ .. L J n ' !• '1 - h S. Mast i .w :, aAr x 8'tATEOPIDA~.000N7'1fOFI ~ _ ~ .19 S?ATEOYtDAHO,000N`r1f~P ~~ (a ~ ~ ' W ebla , -" day of Gi~(/ty 82 (b•rsby out((y ~b+t th4 inswm•nc. ... 7 ba(oro oo. a notary p•~bbe io and (or saW State prr,on.ny rw'+ord ac tM roquat of Girtsxn, Cash, H~' ,o P , appt~d ~°.;jPha-~+~; `.tiast:~e~ ~;;_ ..._ __ ,., recto"~c/xt~~/t.~m~; .xj . ~ 1,,, .. at 3~ miouta.prat 6k~ '- laid' Mast. dd,??.'' :: ~3 e.yo(~ ~, ~ , { 3~'rYr r :~' ,: t~"''•• ~ ~' 18~oC inmyo(Cra,saddulyratx+rdadin P . E ~ {,~: -,' ..... .~.~ , _',• JOHN BASTIDA ktar• to ~okith~1at o'~rb a ,sank w to q!a tgti:ta to NtL, t0 _ _ . , _,._ Es~llkio ItaCOrdtJ •<!`•. .s ~ qma. - ~ , . tiotary 1'uL'~e . AsaN{s~ st' .4' S ~~~~ , • ;' • .Idaho Pas i ' - ,1 ` _ .~ ... .. - _ - - ~ - .YZZ71a~7~7 s t~'i. < ~` ~~ ' ., S • 7. +ti `+ Y ~r 3 4 ` 1 , s aft''` ., , `o rY , .. ~i s~,. ~: V' - ;, Q' e ------- - ~__wr-----.----- - • t '~ - ~ _ - ~. '~ ~ - `' x - ~ . ! . _ . .. ~.,. ,. ~'3'' A -1kNN~Na~`AS~rN.` ~ ~ ~ ~~ _~` _ ~ ~`~ { 1r 19 ~ ~ ~ J1 /~ /S 74 i3 /0 9 9 W ~7 . ~~ ~~. ' `'; a '! .I'et..7t 30~:1 3.3.E ~ 7 ~~~„ r , ;" ~~~'' ~'o~uQ 4.01 .. ~. r' ',,,, '` ~4uc ~~~ 14KN.~C ~161w ,~ RT ~ ~ ~ ~z . U I .~ .~ . . . _ ,~ Z4 Z ~*~ ~ . 4. ,r'. .~ ® ~ r >tz • . ~ ~,~ ~ s R s •«M.- ',r .- l t' ----• +~•+ j rnui i L 1 I Y OF M A TO 3?80329 P.01 .. ,, . • APPI,IATION FOR ANNERATION APPROVAL & ZONYNQ OR RIIZONR MEBYDIAN PLANNING AND ZONING cOM~~~~VED MAY 12 1994 EYEING rNF I• aPNERAL INFORMATION (PROP03IID NAME OF $U813xVISION ~~~=1 ~l ~iierry Lane and Locust G Gg~RAL LOC~,xxox) I~I1.1/4. Sect;on 8 T 3N R 1F Lots 8 hrou h 17 of Pleasant Valley Sub (LEGAL DESCRIPTION - ATTACH IF LB'~TGTHY) Koger C. Crandl (OWNIIR(S) OF NAME 939-1400 5' (T~L~~HOr~ Na . ~ 1400 Floatin Feather Road Ea le Idaho 83616'~,I{ (ADDRESS NEB-i Com an Mr. Bill Ge er 345-3335 (APPLICANT) (NAM~s') ~ (TELEPHONE N0.) 500 W. Idaho Boise Idaho 8'~7n~ (ADDRESS) Hubble En ineeri I c. James C. Merkle 322-8 2 (ENQINEER, 9~TRV$YOR OR PLANNfiR ) { NAME ) ('x',IILRI'HONE NO . ) _9550 W B rhal o art, RoiGP Ta ~ 83709 { esui~tsr~.~.y 1 ~.7u8ISDICTION($ ) ~QUIRI _CommPrcial (TYPII OF 9UBDIVISYON - R. ?AL, INDUSTR ±~ NA ~ ACxl~S 0~' LAND IN CONTIQUOU$ OWNERSHIF. (ACCEPTED HY:) (F8B) ~\,\~ ENGIiyF~9 • • `~ RUBBLE ENGINEERING, INC. • 9550 Bethel Court ^ Boise, Idaho 83709 9tio yoQ~ 208/322-8992 ^ Fax 208/378-0329 SURVE ~CEIVED June 14, 1994 JUN 1 41994 CITY OF MERIDIAN PN: 94086 City of Meridian Meridian City Hall 33 E.Idaho Meridian, Idaho 83642 ATTN: Shari Stiles Planning and Zoning Administrator RE: Annexation/Zoning SE Corner of Locust Grove and Fairview (NEB-I Company) Dear Ms. Stiles: In response to your comments dated June 9, 1994, concerning our annexation request we offer the following comments: 1 • This is a true statement and we understand that this annexation is contingent upon the Locust Grove Center (Avest) property. 2• We will provide a legal description for the City's use which includes the property and right-of--way to the centerline; however, understand that ownership of the land does not extend to the centerline. 3. Yes, a development agreement may be necessary addressing tiling of ditches, pedestrian walkways, ACRD right-of--way dedication, however we request that only a 15' setback be required adjacent to the right-of--way as required in the Zoning Ordinance for the C-G Zone. Thirty five feet is excessive as it will consume parking which may be required for the intended uses of the property. 4• Yes, we agree with this. • Ms. Stiles June 14, 1994 Page 2 5. Yes, we agree with this. Please feel free to call if you have any questions. Sincerely, ~~~~~~ J es . Merkle, P.E. cc: Bill Geyer JCM/mf/769.1tr • ~ I ,. ~f.. RUBBLE ENGINEERING, INC. 9550 W. Bethei Court • eo~e~ Idaho 83709 TRANSMITTAL LETTER To: i~~Y~ f ~2 ~*~ x. Attn: ~ , . (208) 322-8992 • Fax (206) 378.0329 DATE ~ -/ _ ~~ Job No.: ~~~ ~6 RECEI P'r° ~/~ B -~ JUN 1 41994 CTfY OF MERIDI WE ARE SENDING YOU: _, As Requested ~ Attached _ Under Separate Coyer, Via FOR YOUR: Use -Record _ Bidding -Cost Estimatin ,_ Informatbn -Review and Comment g THE FOLLOWING: - Prints -Plans - Specifications -Shop Drawings Copies Date Sheet No. - Samples -Copy of Letter Description REMARKS: `~~.~~~ G7~f~ ./1~ `~nv.~~~ .~ ~~~ ~ ~l~L Copy To: _ With Enci. BY~ _ With Encl. _ With Encl. Signed: TOTAL MILES: TOTAL TIME: TIME DELIVERED: . RECEIVED 8Y. • "' `~ RUBBLE ENGINEERING, INC. v ~ 9550 Bethel Court ^ Boise, Idaho 83709 \o w , ~ oQ 208/322-8992 ^ Fax 208/378-0329 May 12, 1994 Project No. 94086 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Meridian, Idaho 83642 RECEIVED MAY 1 2 1994 CITE' ~i~ -~~iti~11~A1 Re: Annexation and Zoning of 9.01 Acres SE Corner of Fairview Avenue and Locust Grove Road Dear Ms. Stiles: On behalf of NEB-i Company, we hereby request that the property descn'bed in the attached application and legal description be annexed into the City of Meridian. The present land use is pasture and farmland. The proposed land use for the entire property will be general commercial. The present zoning is R-8 in Ada County, The proposed zoning is C-G in the City of Meridian which is consistent with the existing zoning to the West. The property adjacent to this parcel on the South and East is zoned R-8 in Ada County and the property on the North is agricultural land zoned R-T in Ada County. The proposed annexation and rezone conform with the Meridian Comprehensive Plan Land Use Map as general commercial. No variances are being requested at this time, Thank you for your time and consideration. Please call if you have any questions. Sincerel , ,~ ~ ame C. Merkle, P.E. Attachments cc: NEB-i Company JCM/mf/neb-i.ltr • • May 10, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Annexation & Rezone of 9.01 Acres SE Corner of Cherry Lane and Locust Grove Roads Dear Ms. Stiles: RECEYgT,~y~ MAY 12 1994 CITY Ui~ ~IlI1~I1~N I, Tracey Persons, hereby promise to post a legal notice of public hearing for the 9.01 Acre Annexation and Rezone hearing one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. Tracey ACKNOWLEDGEMENT State of Idaho County of Ada ss On this .~~~ da of whose name is subscnbed to the within instnunent and wholyacknow edged to that she executed the same. ~ My bond expires ~ Z~ • • ~~~~~~~ May 9, 1994 City of Meridian Ms. Shari Stiles, City Planner 33 East Idaho Street Meridian, Idaho 83647 RE: Annexation and Rezone Request Dear Ms. Stiles: MAY i 2 1994 C~~~'r` a -y~:~~l~lr~~1 I hereby state that I am the record owner of the property described in the attached legal description, and regeust that the City of Meridian annex and rezone the parcel of ground. / ~~ oger C. Crandlemire 1400 Floating Feather Road Eagle, Idaho 83616 ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~ day of ~ , 19~~before me, the undersigned Notary Public for said State, personally appeared Roeer C. Crandelmire whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate ' st above written. ~~~ _ N tary Public or Idaho Commission Expires: ,3 ~ 3 r 5 5 Residing in:~.~~~~~,4-~ Idaho • yM~Y12~9~4 ~~~~i 1 aJ~ t=~.~~ri1lt~~ Project No. 94086 ANNEXATION DESCRIPTION CRANDLEMIRE PROPERTY May 10, 1994 Lots 8 through 17 of Pleasant Valley Subdivision as same is recorded in Book 12 of Plats, at Page 665, records of Ada County, Idaho. Except Northerly 12.4 feet thereof. Containing 9.01 acres, more or less. 5252 ,~"~r.~VARRANI'Y4 ~ DEED~~ `~~,'~.a~ ~.~ . i~vgy ForValwReeel John$:~Mast and: ]ldelaide llastr~husband anc ?_ ft T''v Z., ~,1 w0..i ~r'^5-°~~~µ5i~~,. ~.1L°f~t+F~~`cn-~-a ~.i'~'ft4t.f °~~ ':. !4 Vii; . .., ~+..._.? ..' ax. +_. ... c.. __ _~ ... r.An'.'~'.+, .~. . /.. _ .(. ~...r. w••. tti *~~'~y,~' ; Y SnypyY~'~ Yet T~',~*i~~ •~=~5~ -' i.f1 `.. ~ LOt$ • 8 thrOllgI: 17 inClus v ,~ o • pleas t; Valley Subdivision e accodi`tig"~totthe.',officiai~ L'a ::>; ,=' t~P.n t~thereof,~filed in Hook , x~ 1~~-p .~~~A ", a9,~65 ~~Rs ~da'''of~Ada~~~ouaty, Zdaho. ;_L,~. t z I' =8xcept= the ~Iti '~ 12:4 ~~`zhei o>~ ~ , ~ ;;~, ~ ~ b ~~.., ., , , At- yed, toy State' of ~, Idaho. y t recorded~~tt~~,~tixYna@ti~sNos.~ 386828 re'sand 388829:{ ~ `~ -,s•~ ~ `~~' ~~}t ~~~~3 , ~~`s__SSL, ~ ~t t ~ 4 ~7s~' r c}• ~~~ r } r~ ~+ tl~ rra ~f~Z~Zb~„kl :n ,~ - ..., Together v-ithj*a11; aads; siayv].ar~ then Lei-ementa hereditaments:l ~. ~d 4appurEenance`s that@untoa•'belongi = or ~ an ise a .. r aid all= watclr;~`iat~"r~ri hts r ~:.. ~, ~.~, Y~+ Pl~rtainingT ~her"eto~o>~s~conn®cted~` g "t~~~@s atsd~~~h}rights appurteriaa - II ,,~ ttta@retivith°3~. ~ ~Sµ.-~s+~,~ xr .:. , n ~~:~ ~[f1,`+ ~'.l} A11 L ~ !) ri ,,ti`'ilt:- Ii ,, i ~ ~F' 'T` r rti.~yr f,+.~~s~'s+ ;f ~a rl~ ,;,~; 4- ~sh~~ Y<~, ti't`,`it'~?r t ; -,~._ . • ~~~ubject to ally"easeaants~aadights-rf=vav~of iecord or ~ ~~, appearing:: on the' la:-d.:'+= ~ ~~_;.#, ~. r•~,,, :` ' ~ '>~ t = . ~_;~t5~`~ ~~r~~~: '~•', i~-v,~',~ryr~''~ ~^~`x~,,,~? ~`C~~''S~~z S•J"tT =t -. -~r^~ttY~a, ~~S r, ~.SO; 8Ub @C t0 ~ tiw ~-''y ; ~, +.r~ ,, t,.t . t .L ~ ,art ,~ ,, fo xt~.~•a j taxes andFassesameatsr~lev~andr assessed 19r vhichr hoii li'ens¢bu not' trr ~~ pa~pabl@.~r'~'`.~~s~ _~r;~~t~~'~~~+'d ~p~~,y~.t~[ kR+,=a~~~~{f~~7d ~~-~~+~v' .Fti}~y0£ Sue' nor ~~c ~ 7~&~,~,+~- ~,dp~c~ ~~Er.~4~4 _~t"}9 la fit!'T~~~°?'"~C'1 G )f 't~~ 1 lti~. ' i ~. S ` t>~~'~~f r~a~ %ty 'Z-°'+i y ~'YN?~[~~ jam' ~H Yk 1.. t Ia ,. t .!i~ v~ 4^~` i.~l.,. )~i~ ~7'/~~~~~J~~11. - .~'r~t'v~~ .'3 _..~+ -• '! - i..r 'ti.f: ..1177<. ~c ~- x ~ K ~~ ~~~~~ r ~ ~~ ~~ ~ ~~ ~. • ., ~,i ~~ , , t w~ "~'~ ~ + .~~ .~{.tir.'.1~t~r~~~i~~.irr. uxStldE ~ ~(f ._~ y 'v.S~ ' - it s r, ^S' ~ # ~'K, ~" ~ z .'{i't~I as 1 r'~'` ^>~`-}_'c~t~~Jh~i ~~~'~~~~~fi'~1~~i$ ,..,,, .:.rr,~~' a y.,1 ~ >v- 1 ~~ ~- 1 i~. .fX~I ,C.e(1r~r °~~,~ ~ '~ ~k ~.. ') t i`~.TA•a.l .+`~q .a NT~ ~ e' _:~ ~ v t:'; ~yf„ ti ^L,~'1 i. ~i'0~} ~.'`~ N.t l ~j ~ - _~' t k Ns` '~ ~ c 1 TQ1'NA AND ~ .' r = r ! . ~- is''~L ir~''f~~ a'Si ~ ti ''-%`'~. '!` ` ' ;' T N ,,,.'3'O :HOLD ths, stud "Pc'e~•i with t>>eir a ~ ~ said Grantee ~, x • the bens and assigns toe±easr' Md the aaui Graatgrst.~ dad;°LRre, b '~yeaant to and with the asidf ran Y are ,' the owceis in fee;'simpks of seed prey That ~%', r ;_ they are free ~ all in-_.. L 5~~+' Y ~ i, a .'e .d v*,. ~ ~.~~ rrn,^'T'~[ }. 1._ a.,(+l.~s~~p t,, ~ t' I1°Yj will warrant and defend the same frwn aU lu .,~,, ~,., ` ~` ~~' ~ '~ ~ F M4.F" : ~ ~Ifc1I Claitnt wiuts0ever . r ~a ' tr- ~, ' BTI.TBOPSDAIi0 0OUNTYOP - - - .. . , dat ~' #~ ~ ~~" ~~ dV'o~•. 1982 ,,~,. 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B~ GEYER INVESTMENT COMPANY TRUST ACCOUNT 2013 BLUESTEM BOISE, ID 83706 PAY TO THE ` ~0~~~~, ORDER/OF 92-155/ 1241 1 O O ~~ ~~ _ DOLLARS Key Bank of Itlelw 1W/ ~f SouMShore OKice W ~NK PO. Box 530, Bdee, Itla11a 83]05 1-800-678-5391 MEMO ~~~ ~: 24 0 55 ~:14Z 00 96 L 311' 1001 • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A Good Place to Live COUNCIL MEMBERS JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer ~/ CITY OF MERIDIAN MAX YERRINGTON BRUCE D. STUART, Water Works Supt. ROBERT D. CORRIE JOHN T. SHAWCROFT, Waste Water Supt. KEN 33 EAST IDAHO WALT W. MORROW NY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 SHARI STILES Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: June 7 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for NEB-i Comaanv, BY: Bill Geyer anri 1-I~~E,~,~e ~..,.:..__.~__ LOCATION OF PROPERTY OR PROJECT: SE comer of Cherry Lane and JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z .-TIM HEPPER, P/Z -GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C .-,BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C ----WATER DEPARTMENT ----SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -,POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT} U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: `~ ~ntir~y~' ~'a ~~ HUBBL NGINEERING, INC. ~ ' 9550 W. Bethel Court • Boise, Idaho 83709 ~ ~ dy~ TRANSMITTAL LETTER To: ~ `~ Attn: (208) 322-8992 • Fax (208) 378-0329 DATE N~ ~ Job No.: Project: `~,- ~ G~st~ , RECEIVED WE ARE SENDING YOU: ~lT~Y G-F ~~Fy~L+~x~V - As Requested ~ Attached ,_ Under Separate Cover, Via FOR YOUR: Use ~ Record - Biddin _, Information -Review and Comment g -Cost Estimating THE FOLLOWING: - Prints _ Plans ~ S les Copy of Letter ,_ Specifications -Shop Drawings - u Copies Date Sheet No. /~~ ~ ~~ ~~5~° ~S r ~~ REMARKS: ~~~/~' (~,~~ p ~ ~/~j~~Cs ., ~ ~`~ ~~ 21 ~~ Copy To: _ With Encl. gy; 11 _ ~/I/~~~/n,~ n~ _ With Encl. ~y~''~ U V rvQ _, With Encl. Signed: TOTAL MILES: I TOTAL TIME: TIME DELIVERED: RECEIVED BY: .r ``,`~ ENGI/yF~9N • • RUBBLE ENGINEERING, INC. 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 ~'n ~,Q' June 14, 1994 PN: 94086 City of Meridian Meridian City Hall 33 E.Idaho Meridian, Idaho 83642 ATTN: Shari Stiles Planning and Zoning Administrator 1ZE: Annexation/Zoning SE Comer of Locust Grove and Fairview (NEB-I Company) Dear Ms. Stiles: y~TAUG 1 6 1994 Ci l Y ~~`' l~~a.r'irur~ r~i In response to your comments dated June 9, 1994, concerning our annexation request we offer the following comments: 1. This is a true statement and we understand that this annexation is contingent upon the Locust Grove Center (Avest) property. 2. We will provide a legal description for the City's use which includes the property and right-of--way to the centerline; however, understand that ownership of the land does not extend to the centerline. 3. Yes, a development agreement may be necessary addressing tiling of ditches, pedestrian walkways, ACRD right-of--way dedication, however we request that only a 15' setback be required adjacent to the right-of--way as required in the Zoning Ordinance for the C-G Zone. Thirty five feet is excessive as it will consume parking which may be required for the intended uses of the property. 4. Yes, we agree with this. • • Ms. Stiles ` June 14, 1994 Page 2 5. Yes, we agree with this. Please feel free to call if you have any questions. Sincerely, ~~~ j~~ es . Merkle, P.E. cc: Bill Geyer JCM/mf/769.1tr ' i!+\ • ~~ • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 ~ECEIt1~D AUG 1 6 1994 Project No. 94075 CITY ter iy~...,,.~~;y~i ANNEXATION DESCRIPTION LOTS 8-17, PLEASANT VALLEY Sl1BDIVISION 208/322-8992 ^ Fax 208x378-0329 ]une 23, 1994 A portion of the North half of the NW l /4 of the NW 1 /4 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 5, 6, 7, and 8, T.3N., R.1 E., B.M., thence South 89°58'57" East, 1037.97 feet along the North boundary of said Section 8 to a point; thence South 00°23'22" West and along the Easterly boundary of Lot 8 of Pleasant Valley Subdivision, as same is recorded in Book 12 of Piats, at Page 665, records of Ada County, [daho, a distance of 455.00 feet to a point in the center of Wilson Lane; thence along the center of Wilson Lane North 89°58'56" West, l 038.44 feet to a point on the West boundary of said Section 8 and the center of Locust Grove Road; thence along said West boundary North 00°26'54" East, 455.00 feet to the point of beginning. Containing 10.84 acres, more or less. Prepared by: RUBBLE EN DTP/mf/584.des D. Terry Peugh, P.L.S. INC. • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 16, 1994, for the purpose of reviewing and considering the Application of NEB-i Company for annexation and zoning of approximately 9.01 acres of land located in the NW 1/4 of the NW 1/4 of Section 8, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the SE corner of Fairview Avenue and Locust Grove Road. The Application requests annexation with zoning of C-G. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of July, 1994 WILLIAM G. BERG, JR.,. I LERK .. `~ • ~ ` ~ ~ 1 ` ;„ ~ t~ jai.. 12 ~ • ~ ~•~ '`. +' '' t~~ ~ . 1. '' „ E, OAK' r<. ;: RT _ f~. _ 'i;. I a; ~4 ~ .ate. GM. '~ Pion V ; ~ =~ 1 ,A ~ ~ ' ~A I t . '..r ~ -'1 ~ ~ 9 Ill ~~j~r, { ~'t ~., ~ T * f 70' ti ,~ `~ ro ~ ~' v ~ ~ hi `i I l, 3 6 M*~.d ~~ ~.~`_ I ~ ~•,' ~ ~ / # 1 * t ! .'/ -''~f iron.. _. __. _- JF~ ___. - ~ -~ 4f /~y i' Y 2 ~~ Q O 2 i S ~' 2 ~ ~i K~ C _ Q` _ ~ • _ ~ ` .. .. • ---- ~ 3 ' 2 i ~ ''' ... 1 ... _ ~ .. .~-, ~ . •. + .ear '; ~ "~ __. ..__ .: ~ ~ " ~~. i~ =a~. A~ -ANN~Na~A~I~ A ~' rr _ r~ ~~ ..: .:, .,. P L~ASAN,:~ f ~,~ ~ r •`y a' '>~ ./'Ot..x 9o1.'I 303.E 7 "~ ~r~d 4.01 ;a s~ S i ~ =. r J 1P1 ~JY'r ~* ~ j r , 8 JV{z_ Y(Y~/) ',¢~' 24 Z ~ '`~ b 2 v r ••, ~ ~ ~ ~ .. ~H A i~s .,`fir `,fit,.. ~ 4 ~ ,+~~ ~:~r ' 4R'~,. r ~• .~.. Ypl~' • 4~ t • PROPERTY OWNER'S WITHIN 300' OF 9.01 ACRE ANNEXATION PARCEL Donald & Ruth Stephens 1280 N. Locust Grove, Meridian, 83642 Linden Carr 1190 N. Locust Grove, Meridian, 83642 Eric & Linda Griffith 1160 N. Locust Grove, Meridian, 83642 Avest Limited Partnership C/O Roger Allen 6904 Randolph Drive, Boise, 83709 Turner Family Partnership C/O Northwest Property Management P.O. Box 7031, Boise, 83707 David Leader 110 Parkway Drive, Boise, 83706 Russell Barger 1372 W. Kirma Street, Meridian, 83642 Joseph Denardi HC 79, Box 111D, Melba, 83641 Vasile & Rebecca Petrutiu 1295 N. Locust Grove, Meridian, 83642 Chester & Joann LaCasse 1215 N. Locust Grove, Meridian, 83642 BW Inc. 1523 E. Boise Avenue, Boise, 83706 James & Lisa Beard 2075 E. Fairview Avenue, Meridian, 83642 Lawrence Tuckness 1915 E. Fairview Avenue, Meridian, 83642 The Myall Trust 6227 Marlborough Drive, Goleta, California, 93117-1637 RE~~~~~~ MAY 1 2 1994 C1~t~Y ~~~ ~~~i~l~~A~1 Gem Park II P.O. Box 344, Boise, 83680-0344 is Ireportsicrndlmir.add ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 14, 1994, for the purpose of reviewing and considering the Application of NEB-i Company for annexation and zoning of approximately 9.01 acres of land located in the NW 1/4 of Section 8, T. 3N, R. 1E, Boise- Meridian, Ada County, Idaho, and which property is generally located on SE comer of Cheny Lane and Locust Grove Roads. The Application requests annexation with zoning of C-G. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 23rd day of May, 1994 ~,c.- WILLIAM G. BERG, JR., CITY CLERK HOLLAND & HART ATTORNEYS AT LAW DENVER SUITE 1400 TELEPHONE (208) 342-5000 DENVER TECH CENTER WEST ONE PLAZA FACSIMILE (208) 343-8869 COLORADO SPRINGS BOISE, IDAHO 83702-7714 ASPEN MAILING ADDRESS BILLINGS P.O. BOX 2527 Kellie R. Gilbert BOISE BOISE, IDAHO 83701-2527 CHEYENNE JACKSON SALT IAKE CITY WASHINGTON, D.C. October 26, 1994 Shari Stiles City of Meridian Planning and Zoning 33 East Idaho Avenue Meridian, Idaho 83642 RE: NEB-i Company application for Annexation and Zoning Dear Shari: We last visited over the telephone on October 19 about the status of the above referenced. At that time, you said you were reviewing a development agreement submitted and that it was not available for public review until you completed your assessment. I am writing now to obtain a copy providing it is available at this time. I am enclosing a self addressed stamped envelope for you to use to send a copy to me. If for any reason the development plan is not yet available, please call me at the above number. Thank you, Shari, for your anticipated cooperation in this regard. As always, you have been very helpful. Sincerely, HOLLAND & HART r ~ // \~~ ~/ .d/~llS Kellie R. Gilbert Legal Assistant KRG:krg cc: B. Myall a g/~~y ~ BEFORE THE MERIDIAN CITY COUNCIL NEB-i COMPANY ANNE7CATION AND ZONING LOTS 8 - 17 OF PLEASANT VALLEY SUBDIVISION, E]CCEPT THE NORTHERLY 12.4 FEET THEREOF MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 16, 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 City Council having heard and taken oral and written testimony and the Applicant appearing through James C. Merkle, P. E., and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for August 16, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 16, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this NEBi COMPANY ANNEX - FF & CL Page - 1 • • reference is incorporated herein; that the property is approximately 9.1 acres in size. 3. That the property is presently zoned by Ada County as R-8 residential; that the Applicant requests that the property be zoned C-G General Retail and Service Commercial (C-G); that no specific use for the property was presented but a letter accompanying the application stated that the proposed use was for general commercial . 4. The general area surrounding the property is used as R-8 County residential and the property on the north has recently been annexed and zoned General Retail and Service Commercial (C-G); the property to the west is an automobile salvage yard; the property to the south is used residentially and for various agricultural uses. 5. That the property is now adjacent and abutting to the present City limits as a result of the AVest annexation, but the property was not contiguous at the time of the filing of the application. 6. That NEB-i Company is the Applicant; that Applicant does not own the land; that the owner is Roger C. Crandlemire and he has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application was submitted with a letter that stated the present use of the land is for pasture and farmland. 8. Ada County Highway District (ACHD) submitted comments and NEBi COMPANY ANNEX - FF & CL Page - 2 • such are incorporated herein as if set forth in full. 9. That Gary Smith, City Engineer, submitted comments and they are incorporated herein as if set forth in full; the Applicant's representative stated at the Planning and Zoning hearing that he had no problem with the Engineer's comments. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the Applicant's representative stated at the Planning and Zoning hearing that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing a 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview Avenue is such. The Planner also commented that the annexation and land use request of C-G generally complies with the current Comprehensive Plan; that no development proposal has been received; that the legal description does not appear to include all the area to the centerlines of adjacent roadways and a revised legal incorporating these areas needs to be submitted; that a development agreement is necessary prior to annexation addressing the 35 foot landscaped setback, tiling of ditches, pedestrian walkways, ACRD right-of-way dedication, and other City goals and requirements; and that depending on intended use, conditional use permits may be necessary; that at the City Council hearing Mr. Merkle stated that he had objection to the 35 foot setback along Fairview Avenue and that 35 feet was excessive; that the applicant was willing to work NEBi COMPANY ANNEX - FF & CL Page - 3 • • with the City and negotiate an agreement on the setback on Fairview Avenue; Mr Merkle also stated in response to questions that there was now no proposal for development of any site specific projects and that development would be whatever was allowed in the zone. 11. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District and U. S. West; that all such comments are incorporated herein as if set forth in full. 12. There were no property owners appearing at the Planning and Zoning hearing to make comments on the application; that at the City Council hearing Fred Mack, attorney at law, appeared on behalf of Barbara Myall who owns 16 acres directly south of the subject property; he basically testified that the action the Council takes on this application may have a long term effect on the City's approval of a concept of development for an area in excess of 35 acres; that the annexation of this parcel would be premature; that other properties in the area would be substantially effected and that it was in best interest of Meridian to consider putting off the annexation; that if the Council annexes this property without consideration of the greater effect or detriment that it is going to have on adjoining property the City will forever be barred from considering the greater effect on the adjoining properties; that development of this property at this time will create strip development which is contrary to the goals of Meridian's Comprehensive Plan; that the property is not deep enough to allow multi-stacked commercial developments; that if the City is going to NEBi COMPANY ANNEX - FF & CL Page - 4 • . look at how the land ought to be developed the City needs to consider all of the other properties that are there; that the only logical thing to do is to consider doing planning in tandem with some kind of a cluster development; that there has been no concept plan for development of that entire area. That there has been a court decision in Ada County where the Judge ruled that action by a city to annex and then to zone the parcel commercial is quasi judicial; that if that is true the City's protection of a conditional use permit could be put in jeopardy; that it was Mr. Mack's concern that if the City acts on this, it grants to the Applicant a commercial development which he can do with as he desires, and if Judge Schroeder is right, the City loses control over the Applicant. Mr. Mack also stated that the development proposed has not been adequately disclosed to the City and therefore the City is at a disadvantage of not knowing what type of development is going to be on the property; that if the City tells the Applicant to come back with a development agreement and have the development agreement address how the property is going to impact the adjoining property owners for a comprehensive plan of development of the entire corner, the City can then get an approach at guidance as to how this development is going to affect the City for years. 13. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 14. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area NEBi COMPANY ANNEX - FF & CL Page - 5 • • (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 15. That the property can be physically serviced with City water and sewer. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial. 17. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with NEBi COMPANY ANNEX - FF & CL Page - 6 • • contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL ACTIVITY CENTERS, Page 25 a. In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage 4. COMMERCIAL POLICIES, Page 26 a. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. b. 4.7U Community shopping centers must be planned for future integration of adjoining NEBi COMPANY ANNEX - FF & CL Page - 7 • • residential uses. 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area,. including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. d. 5.19U A planned community shopping center is anticipated near the Locust Grove Road/Fairview Avenue intersection. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove Road is listed as a Minor arterial. D. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors c. Fairview Avenue (East entrance). NEBi COMPANY ANNEX - FF & CL Page - 8 • 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 18. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 28, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 19. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 20. That Section 6.3, of the LAND USE section of the .Comprehensive Plan, states as follows: NEBi COMPANY ANNEX - FF & CL Page - 9 "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 21. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 22. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-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. 23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. NEBi COMPANY ANNEX - FF & CL Page - 10 24. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 25. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being NEBi COMPANY ANNEX - FF & CL Page - 11 • able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks 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. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right NEBi COMPANY ANNEX - FF & CL Page - 12 • of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian NEBi COMPANY ANNEX - FF & CL Page - 13 • pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 34. The Comprehensive Plan, recently adopted, does state that in the Mixed-Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of NEBi COMPANY ANNEX - FF & CL Page - 14 n the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation and zoning applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983); that 11-2-417, ANNEXATION AND ZONING UPON ANNEXATION, A, reads in part as follows: ". The Commission, the City, the applicant and the Council shall follow the notice and hearing procedures provided in Section 2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative NEBi COMPANY ANNEX - FF & CL Page - 15 ~ M function even though the procedure is designed to be quasi- judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. ."; that the Applicant has been provided due process; that the City may as part of the annexation, and as a condition of the annexation, place conditions of approval on the annexation, which must be met prior to the adoption of an annexation ordinance, or which may be allowed to be met after annexation and if not met the parcel shall be de-annexed. 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, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 11. That it is concluded that the City could annex the NEBi COMPANY ANNEX - FF & CL Page - 16 • property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 12. That the Applicant's proposed use of the property is not known and therefore it is not known whether the application is in compliance with the Comprehensive Plan, and therefore the annexation and zoning should be conditioned on the City determining what the proposed uses are and whether the proposed uses are in conformance with the Comprehensive Plan, or the property should be subject to de-annexation if the uses and lay-out of uses are not in compliance with the Meridian Comprehensive Plan. 13. Additionally, the Applicant has not stated or represented its intention for development, which is of concern to the Commission and the City Council; it is therefore concluded, as a condition of annexation and zoning, even if some uses are revealed and those uses are determined to be in compliance with the Comprehensive Plan, any use or development of the property shall only be allowed as a conditional use with design review. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since the City should NEBi COMPANY ANNEX - FF & CL Page - 17 • have control over any uses that are to be placed on the land, it is therefore concluded that once annexed and zoned, development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process, or both. 15. Therefore, it is concluded that the property should be conditionally annexed and zoned General Retail and Service Commercial (C-G) subject to determination by the City that the uses and development are in compliance with the Comprehensive Plan; that the property would only be capable of being developed as a planned commercial development and under the conditional use permit process. 16. That, prior to annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11- D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. NEBi COMPANY ANNEX - FF & CL Page - 18 • • 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements. with the existing residential development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan and meeting the standards for COMMERCIAL ACTIVITY CENTERS, at page 25, COMMERCIAL POLICIES, at Page 26, and the MIXED-PLANNED USE DEVELOPMENT, comments at Page 28 of the Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the above section states that the development agreement NEBi COMPANY ANNEX - FF & CL Page - 19 • shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance, and therefore pursuant to 11-2-416 F 2. the City Council may desire to continue the matter from meeting to meeting until the development agreement is executed by all necessary parties. 18. That it is concluded that the annexing and zoning of the property would be in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 19. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to NEBi COMPANY ANNEX - FF & CL Page - 20 • • Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) NEBi COMPANY ANNEX - FF & CL VOTED VOTED VOTED VOTED VOTED Page - 21 ., • • DECISION The City Council hereby decides that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including, but not limited to, that the Applicant inform the Council of the uses and the proposed development and that the Applicant enter into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not. agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement and informing the City of intended uses and development of the property, the property shall not be annexed. MOTION: APPROVED: DISAPPROVED: NEBi COMPANY ANNEX - FF & CL Page - 22 • MERIDIAN CITY COUNCIL MEETING: August 16,1994 APPLICANT:. BILL GEYER AGENDA ITEM NUMBER: 19 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR NEB-i COMPANY ~CENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTANDCONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROfT, Waste Water Supt. KENNY W. BOWERS, fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 I COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE RE: NEB-i COMPANY (Annexation & Zoning) June 13, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This annexation legal description needs to be written to the centerline of Locust Grove Road and to the south boundary of the Avest Property, that is adjacent to the north, which should be the section line in Fairview Avenue. 2. An 8" diameter sanitazy sewer line exists in Locust Grove Road and a stub was installed into Wilson Lane, the platted street along this parcel's south boundary. Mr. Crandlemire has agreed to reimburse the City of Meridian for his shaze of this sewer line cost. Annexation should be contingent upon us receiving this payment after billing is made. 3. A city water line exists in Locust Grove Road and along the north side of Fairview Avenue. • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk GARYD.SMITHSP.E.CityEngineer CITY OF MERIDIAN BRUCE D. STUART,Water Works Supt. JOHN T. SHAWCROFT, waste watersupt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN IDAHO 83642 WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 _ MEMORANDUM GRANT P. KINGS~'ORD Mayor TO: Planning & Zoning Co mission, Mayor and Council FROM: Shari L. 5hles, Planning & Zoning Administrator DATE: June 9, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 82oning SUBJECT: Request for Annexation & Zoning of C-G by NEB-i Company (Bill Geyer) and Hubble Engineering The request for C-G generally complies with the City of Meridian Comprehensive Plan. No development proposal has been received at this time. 1. This property cannot be annexed until the annexation ordinance for the Locust Grove Center (Avest) property has been approved by City Council (tentatively scheduled for 6/21/94). 2. The legal description does not appear to include all the area to the centerlines of adjacent roadways. In order to be contiguous to the City (after Avest annexation), a revised legal description incorporating these areas will need to be received. 3. A development agreement is necessary prior to annexation of the proposed parcel addressing 35' landscape setback (entrance corridor), tiling of ditches, pedestrian walkways, ACRD right-of--way dedication, and other City goals and requirements. 4. All development plans will need .to be reviewed by staff and appropriate agencies. 5. Depending on intended use, Conditional Use Permits may be necessary. • BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN NEB-i COMPANY ANNEXATION AND ZONING LOTS 8 - 17 OF PLEASANT VALLEY SUBDIVISION EXCEPT THE NORTHERLY 12.4 FEET THEREOF MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 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 City Council having heard and taken oral and written testimony and the Applicant appearing through James C. Merkle, P. E., 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 June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 • • reference is incorporated herein; that the' property is approximately 9.1 acres in size. 3. That the property is presently zoned by the county as R-8 residential; that the Applicant requests that the property be zoned C-G General Retail and Service Commercial (C-G); that no specific use for the property was presented but a letter accompanying the application stated that the proposed use was for general commercial . 4. The general area surrounding the property is used as R-8 County residential and the property on the north is agricultural land zoned R-T by the County. 5. That the property is now adjacent and abutting to the present City limits as a result of the AVest annexation, but the property was not contiguous at the time of the filing of the application. 6. .That NEB-i_Company is the Applicant; that Applicant does not own the land; that the owner is Roger C. Crandlemire and he has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application was submitted with a letter that stated the present use of the land is for pasture and farmland. 8. Ada County Highway District (ACRD) submitted comments and such are incorporated herein as if set forth in full. 9. That Gary Smith, City Engineer, submitted comments and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 • • they are incorporated herein as if set forth in full; the Applicant's representative stated at the hearing that he had no problem with the Engineer's comments. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the Applicant's representative stated at the hearing that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing as 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview Avenue is such. The Planner also. commented that the annexation and land use request of C-G generally complies with the current Comprehensive Plan; that no development proposal has been received; that the legal description does not appear to include all the area to the centerlines of adjacent roadways and a revised legal incorporating these area areas need to be submitted; that a development agreement is necessary prior to annexation addressing the 35 foot landscaped setback, ;tiling of ditches, pedestrian walkways,m ACRD right-of-way dedication, and other City goals and requirements,• and that depending on intended use, conditional use permits may be necessary. 11. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District and U. S. West; that all such comments are incorporated herein as if set forth in full. 13. There were no property owners appearing at the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 • • and Zoning hearing to make comments on the application 14. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 15. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U. S . P . A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. That the property can be physically serviced with City water and sewer. 17. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for. agricultural uses to be developed into residential subdivision lots and commercial. 18. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 • • B. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian~~intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial center and individual. businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL ACTIVITY CENTERS, Page 25 a. In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial .Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 4. COMMERCIAL POLICIES, Page 26 a. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. b. 4.7U Community ~~shopping centers must be planned for future integration of adjoining residential uses. 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be .incorporated into all development requests in this area. d. 5.19U A planned community shopping center is anticipated near the Locust Grove Road/Fairview Avenue intersection. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove Road is listed as a Minor arterial. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 • D. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors c. Fairview Avenue (East entrance). 2. Entrance Corridors .•Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage' clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 19. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 28, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 20. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 ~- 21. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 22. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 24. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: SC-G1 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. 25. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 C~ developments, are an allowed use in the C-G district. 26. That Planned Development is defined in 11-Z-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot. size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 27. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school. districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks 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. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 • 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 35. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 36. The Comprehensive Plan, recently adopted, does state that in the Mixed-Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority. to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 • and conditional use applications under Idaho Code ,. 'Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements-set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 • 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intention is to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed as conditional uses. 13. That it is concluded that the City could annex the property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 • Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial ( C-G ) district, or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but. only capable of being developed as a planned commercial development or under the conditional use permit process. 16. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 • 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees,for park, police, and fire services as determined bythe city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines, including plans for the storage units. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Agreeing that the.. .Meridian Comprehensive Plan is applicable to the land and any development. 14. Traffic plans and access into and out of any development. 15. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 • • zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance, and therefore pursuant to 11-2-416 F 2. the City Council may desire to continue the matter from meeting to meeting until the development agreement is executed by all necessary parties. , 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 19. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 • will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the .City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW VOTED VOTED VOTED VOTED VOTED Page 18 i RECOI~II~+IENDATION • The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enters into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 19 • HUB OF TREASURE VALLEY • OFFICIALS A GOOd PIaCe t0 L1Ve COUNCIL MEMBERS . RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk ~ MAX YERRINGT°" JANICE L. GASS. City Treasurer CITY O-F MERIDI AN ROBERT D. CORRIE GARY D. SMITH. P.E. City Engineer WALT W. MORROW BRUCE D. $TUART, Water Works Supt. T 33 EAST IDAHO SHARI STILES , Waste Water Supt. JOHN T. SHAWCROF KENNY W. BOWERS, Fire Chief MERR?IAN IDAHO 83642 ~~~~~~~~` Planner 8 Zoning AOminisirator W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (.Zlis117 888.4433 • FAX (208) 8873813 Chairman ~ Planning 3 Zonm~ Public Wcufts/Building Department (208) 887-22 1 I NtAY 2 6 19~~ GRANT P. KINGSFORD ' Mayor CI'f~ ®F A~ERi~}iA?~ TRANSMITTAL TO AGENCIES FQR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning ~ Zoning Comrn~ssion, may we have your answer by: J~rne 7. 1994 __ _ ---- -- TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning fait [VEB-i Company. BY: Bill Geyer and Hubble Engineering LOCATION OF PROPERTY OR PROIJECT: SE corner of Cherry Lane and Locust Grove Roads JIM JOHNSON, P/Z MbE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY.ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RE LAMATION(PRELIM AL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ ~~~ • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live WILLIAM G. BERG. JR., City Clerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN GARY D. SMITH. P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS. Fire Chief 1~RYDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney Phoni-t(3D8) 888433 • FAX (208) 887-3813 Public Wc~tdts/Building Department (208) 887-2211 GRANT P. KINGSFORD ' Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW r- h6T LES .'-' -~~. ~-r y ~~.'~a.ater Z~ dministrator JIM JOHNSON M~Y ~ha~m~~61,n~ng 8 Zoning TRANSMITTAL TO AGENCIES FAR COMMENTS ON DEVELOPMENT PROJECTS WITH 'THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning & Zoning Comn~ssion, may we have your answer by: dune 7. 1994 TRANSMITTAL DATE: 5/24194 HEARING DATE: 6/14/94 REQUEST: .Annexation/zoning foc NEB-i Company, BY: Bill Geyer and Hubble Engine+~cing __ LOCATION OF PROPERTY OR PROJECT: of Locust Grove Roads JIM JOHNSON, P2 MBE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CJC WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: 5.. ~ ~ ' ~~ YOUl~ CONCISE REMARKS: M .z ,~ < <~-.,i F 2~ D•~~ ~- Are os .va f o d e .4 ,~,- a b i .r ~ w~ f -~ -F-G~ r s ~. ~ w Jz x.~a- ~`~ ~- ~i i i GLENN J. RHOGES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary • JUN 1 7 1894 CITY OF 11RE~IDIA~d June 15, 1994 TO: NEB-i COMPANY 500 W. IDAHO BOISE ID 83702 FROM: Larry Sal , S er or Develop t SUBJECT: MERIDIAN ANNEXATION/ZONING CHERRY -LANE & LOCUST GROVE Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on June 15, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron HUBBLE ENGINEERING MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • .~~ ~~ ~~~?.N ;. i:HODES. President SHERR~~ !2 HUBER, Vice President TAMES ~. 3RUCE, Secretary TO: ACRD Commission NEBI/DSTECH 6-15-94 DATE: June 13, 1994 FROM: Development Services SUBJECT: Meridian Annexation/Zoning Southeast corner of Fairview and Locust Grove (Developer - NEB-i Company (Bill Geyer), 500 W Idaho, Boise ID 83702) (Engineer/Surveyor - Hubble Engineering, Inc. (James Merkle), 9550 W Bethel Court, Boise ID 83709) FACTS & FINDINGS: 1. NEB-i Company is requesting annexation into the City of Meridi- an and zoning classification of C-G (commercial) for 9.01 acres. The site is located at the southeast corner of Fairview Avenue and Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.01 ZONING - R8 existing, C-G requested ESTIMATED VEHICLE TRIPS PER DAY - Dependent upon use TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 1,050 MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 6,487 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - EXISTING RIGHT-OF-WAY - 100-feet 30-feet south of REQUIRED RIGHT-OF-WAY - 108-feet (54-feet Fairview Avenue is improved with 80-feet center line and section line is not the s. Route section line from centerline) of pavement. The 3me. L.F. OF FRONTAGE ON Locust Grove Road - 450 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane INTER-DEPARTMENT CORRESPONDENCE ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 NEB-i Co. Annexati~/Zoning June 13, 1994 Page 2 EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet Locust Grove Road is improved Lane which transitions down to site. (45-feet from centerline) with 40-feet of paving at Cherry 24-feet at the south end of the L.F. OF FRONTAGE ON Wilson Lane - 1,050 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Access to Locust Grove will be restricted to Wilson Lane and a driveway 230-feet south of the pavement of Fairview Avenue. Pavement widening on Locust Grove may be required for a left- turn lane into Wilson Lane when a specific site plan is re- viewed. 4. The parcel is currently platted for 10 residential lots, locat- ed between Fairview Avenue and Wilson Lane. The developer should be aware that this number of access points will be restricted with this rezone request to commercial. A maximum of four access points can be allowed on this frontage on Fairview Avenue. The first full access driveway will not. be allowed 460-feet east of the pavement of Locust Grove. Staff will allow a right-in/right-out only driveway 230-feet east of Locust Grove. A minimum separation of 125-feet will be re- quired between intersections. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. SITE SPECIFIC RE UIREMENTS: 1. Dedicate 58-feet of right-of-way from the centerline(38-feet from section line) of Cherry Lane abutting parcel (8 addition- al feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this bene- fit zone. 2. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. NEB-i Co. Annexatic~T/Zoning June 13, 1994 Page 2 EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet Locust Grove Road is improved Lane which transitions down to site. • (45-feet from centerline) with 40-feet of paving at Cherry 24-feet at the south end of the L.F. OF FRONTAGE ON Wilson Lane - 1,050 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Access to Locust Grove will be restricted to Wilson Lane and a driveway 230-feet south of the pavement of Fairview Avenue. Pavement widening on Locust Grove may be required for a left- turn lane into Wilson Lane when a specific site plan is re- viewed. 4. The parcel is currently platted for 10 residential lots, locat- ed between Fairview Avenue and Wilson Lane. The developer should be aware that this number of access points will be restricted with this rezone request to commercial. A maximum of four access points can be allowed on this frontage on Fairview Avenue. The first full access driveway will not be allowed 460-feet east of the pavement of Locust Grove. Staff will allow a right-in/right-out only driveway 230-feet east of Locust Grove. A minimum separation of 125-feet will be re- quired between intersections. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 58-feet of right-of-way from the centerline(38-feet from section line) of Cherry Lane abutting parcel (8 addition- al feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this bene- fit zone. 2. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. NEB-i Co. Annexati•/Zoning • June 13, 1994 Page 3 3. Construct 5-foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. 4. Construct Wilson Lane to one-half of a 41-foot back-to-back street section plus 14-feet of paving. 5. Construct 5-foot concrete sidewalk on Locust Grove Road abut- ting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use.. There shall be no trees, fences, bushes, NEB-i Co. Annexati~/Zoning • June 13, 1994 Page 4 sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher JUN 1 5 1994 Z t3 ~~ :.. 20;1.<, _ .~'~ ~~,.~~ • ..y E. OAK i r (; r +! .,y 1~ 1 ti. V 3 .. ` ~ `~, ` ~ y j,,p r T/,t 4; ~ .,. ~ _' J v. a - .. ~~ _ •. _ ... - - ------- 3 ~;:. - - ^ ~.:. .. - ..~ i . i ~` .~~ '~f F •.~ •.. . H .1, [N t • ~ v . 1 :_ .: 3'' 'A NN~NE~ A~i{V.`~ 1 Q u~ `~ . .1n` ,. P L ~ A -SAN ,~' 'L' •'e~.~ X03. ~. 3. 3.! T ' , ,•. - ~ _ ~ , .. ~ ~ropatud 4.01 ~s 5 =;. ,,~ :. . ,~ ~~ ~:, ~kIC 14dlNt~C ~{16w ,t r.~ .~ RT --- • • -.I~,iE~ E. ItV~.. C. JBt:.f°_Tl7N TO: ACHD Commission NEBI/DSTECH 6-15-94 DATE: June 9, 1994 FROM: Development Services SUBJECT: Meridian Annexation/Zoning Southeast corner~of Fairview and Locust Grove (Developer - NEB-i Company (Bill Gever), 500 W Idaho, Bois ID 83702) (Engineer/Surveyor - Hubble Engineering, Inc. (James Merkle), 9550 W Bethel Court, Boise ID 83709) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. NEB-i Company is requesting annexation into the City of Meridi- an and zoning classification of C-G (commercial) for 9.01 acres. The site is located at the southeast corner of Fairview Avenue and Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.01 ZONING - R8 existing, C-G requested ESTIMATED VEHICLE TRIPS PER DAY - Dependent upon use TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 1,050 MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 6,487 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100-feet 30-feet south of section line REQUIRED RIGHT-OF-WAY - 108-feet (54-feet from centerline) Fairview Avenue is improved with 80-feet of pavement. L.F. OF FRONTAGE ON Locust Grove Road - 450 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor arterial ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 :LATER-DEPARTMENT CORRESPONDENCE NEB-i Co. Annexaz~/Zoning rune i0, 1994 Page 2 CJ ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Locust Grove Road is improved with 40-feet of paving at Cherry Lane which transitions down to 24-feet at the south end of the site. L.F. OF FRONTAGE ON Wilson Lane - 1,050 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Staff recommends that access on the Locust Grove frontage be restricted to Wilson Lane. Pavement widening on Locust Grove may be required for a left-turn lane into Wilson Lane when a specific site plan is reviewed. 4. The parcel ed between should be restricted of three Fairview A' is currently platted for 10 Fairview Avenue and Wilson aware that this number with this rezone request to access points shall be ail venue. residential lots, locat- Lane. The developer of access points will be commercial. A maximum awed for this frontage on 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. SITE SPECIFIC T.'EQUIREMENTS: 1. Dedicate 58-feet of right-of-way from the centerline(38-feet from section line) of Cherry Lane abutting parcel (8 addition- al feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this bene- fit zone. 2. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 3. Construct 5-foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. _ _ __ _ _ vEB-i Co. ~nneYati~iZoninq • rune 9, .?94 ?aQe 4. Construct Wilson Lane to one-half of a 41-soot back-to-back street section plus 14-feet of paving. 5. Construct 5-foot concrete sidewalk on Locust Grove Road abut- ting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) ou::side of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. NEB-i Co. annexati•/Zoning • June °, :994 Page 4 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb csts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. Aright-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher ...:_ •~_ - ~ L\•' '~ , ~ ~ cv ~ 2f 21 to •t v, - .3 ~• `~ off ~ !0 ~, ' • t . { .. , ~ ~ ~ ,. , ~ ~~;'~. ~ '~ caxc~E'sT ~ ~ s . ~ -t+~~.. c .. _ ,~ __ ~, R ; . .hr. '.'~ ~.. ' ~ \..' ~ O ~ ...tea.' • `'rcr~ ; , y~ , ~ _ 3 ~ ~ ',. , • t a ~ . . ., --- - - _ C A~Q14..._ ~-~ T. ~ _ ,_ ~= `~;: .~ ~, ., •s ~~- ~~ ' ~~ -~- • -. ~.. }-. r L• .. ~ ~~++ ~ ~ 1 . ~, ~~ d -{. ..fit ~~ . ~41~''~ a+ ~~; • Yfi:• : ;- z ; y ,' : l , .... tf ZO ,~ ,~ ~ ; . ,,. ..~`~~`., ~ ,'fir C. ' 1' ~' ! io 9 B /7 is is i4 ~3 ~~~~::,. PL~ASAN,:~ ~-el.~, doh. ~. 33.7 ~opasrd.4.o1 ~~ f4KN~C ~161v t / o , :,, _ ~ / 9 V ~ ~~ ~ a ^: ~'- ,.~:. . RT 7 I CENTRAL •• DISTRICT plt'HEALTH DEPARTMENT REVIEW SHEET ~~~~~~~ JUN 0 b 1~~4 Retum to: ^ Boise ^ Ea9~ ^ Garclen City Rezone # /I/EB -/ ~,.~ ,r,N C;~ ~( Est- i~Y~it~i~il~F~i •®.Meridian Conditional Use # ^ Kuna Preliminary/Final/Short Plat ^ ACz i3 // ~-y ~n f-fv~ ~ [.~ L N Cs . .~ 1 • We have no objections to this proposal. ^ 2• We recommend denial of this proposal. ^ 3• Specffic knowledge as to the exact type of use must be provided before we can commern on this proposal ^ 4. We will require more data concerning soil conditions on this proposal before we can commern. ^ 5. Before we can commern conceming individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ s• We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7• After written approval from appropriate ernities are submitted, we can approve this proposal for: ^ Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ^ Cernral water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmernal Q li ua ty: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Cernral water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined ff other considerations indicate approval. ^ 11. If restroom facilfties are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishmern ^ Swimming pools or spas ^ Child Care Cerner ^ Beverage establishmern ^ Grocery store 13: ~O~~ff`ctr"i2~7~ /~~+.-~r~~1i' .S~i~/~ /~~i''~~i~9Yh~ ~E~~,MH~~-r1a~.; ; DATE: rfi 9 ~vP-~ 7~i ~ / 7/~ S ! ~L 1 NC/, f= S%JJt."+ tti~R~"!Z ' ~ Reviewed by: Oy''!~~~~-- lS ;~~'-~'i~^~'4•'~~~ Q~~7°a2~ ~%SC/., r1Y~"i~ 727 7/~~c CDHD 10-91 rcb OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO ME3~ADIAN, IDAHO 83642 Phone) 888-4433 • FAX (208) 887.4813 Public W'oeits/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORR04•d SHARI STILES Planner 8 ZonmgAtlm~ni=(rator ___ :._.~ - ..:•,-~•;,';~-~.' - '., JIM JOHNSON "• ~ ~ ~, ~'_:_LTauman ~ Planning 3 Zc^nc ~„ - .. ,,3 ... ~. ,.~ TRANSMITTAL TO AGENCIES F~JR COMMENTS ON DEVELOPiVIENT PROJECTS WITFI TI-IE PITY OF MERIDIAN To insure that your comments and recommendations will.be considered by the ~„~;~:~~.`~ ~~=~- Meridian Planning & Zoning Commission, may we have your answer by: : ~:; ~~ fl y ~~?~,~,~';~ .dune ~ 194 ~, - ~_-- - --- --~ .- , TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: -Annexation/zoning far NEB-i Comaanv, BY: Bill Geyer and Hubble Engineering LOCATION OF PROPERTY OR PR6~JECT: SE corner of Cherry Lane and Locust Grove Roads JIM JOHNSON, P2 MdE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNE MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the annexation/zonin for NEB-i Company. R Ri 11 HPn Snn~ Aaci ct ni- Wator QI1nPY7T7 r'Pn APTf° • HUBOFTREASURE VALLEY • A Good Place to Live CITY ~F 1VIERIDIAN OFFICIALS WILLIAM G. BERG, JR.. City Cterk JANICE L GA55. City Treasurer GARY O. SMITN. P.E. City Engineer BRUCE 0. STUART. Water works Suot. JOHN T. SNAWCROFT. Waaee Water Supt KENNY W. 90WER5. Fire Ch~sl W.L. °91LL" GOROON, Pouce Ch~el WAYNE G. CROOKSTON. JR.. Attorney COUNCIL MEMBERS RONALD R TOLSMA MAx rERRINGTON ROBERT 0. CORRIE WALTW MORROW 33 EAST IDAHO sNARrsTILEs MERIDIAN, IDAHO 83(><32 Pta^^er d LDmnq Atlm~mstrator ~r ~" F ~ ~ ~` JIM JOHNSON Phone 12081888-[a33 ~ FAX (2081887-[813 ~~+~~~ ~ ~~~` Charman Ptamm~q s r'Dni^q Public Works/Building Depar[men[ 1208) 887-7+1 I { GRANT P.K[NGSFORO MAY 3 ~ i~~~ Mayor ®F ~~~y~~D~~t~~ TRANSivtITTAL TO AGENCIES FOR COMIViENTS ON DEVELOPM1tENT PROJECTS WITIi THE CITY OF 14ERIDI.~-N To insure that your comments and recommendations will. be considered by the Meridian Planning 8[ Zoning Commission, may we have your answer by: June 7, 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6!14/94 REQUEST: Annexation/zoning for NEB-i Company, BY: Bill Geyer and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: SE comer of Cheny Lane and Locust Grove Roads JIM JOHNSON, P/Z MOE AUDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFOP,D, MAYOR RONALD TOLSMA, CIC BOB CORRIE, CIC WALT MORROW, CIC MAX YERRINGTON, C!C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM 8r FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES YOUR CONCISE r • HUB OF TREr1 SURE VALLF'Y A Good Place to Live CITY OF MERIDIAl~I • • _~ ~ c ~ ~ ~ -~ ~, __ ;iii .. ~:nvCE~. - _s,aenr -ERR` ''< tiUBER.':,ce rres~aenr .~.~1ES E 5RUCE. ~ecrerary T0: ACHD Commission NEBI/DSTECH 6-15-94 DATE: June 9, 1994 FROM: Development Services SUBJECT: Meridian Annexation/Zoning Southeast corner•of Fairview and Locust Grove (Developer - NEB-i Company (Bill Gever), 500 W Idaho, Boise ID 83702) (Engineer/Surveyor - Hubble Engineering, Inc. (James Merkle), 9550 W Bethel Court, Boise ID 83709) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. NEB-i Company is requesting annexation into the City of Meridi- an and zoning classification of C-G (commercial) for 9.01 acres. The site is located at the southeast corner of Fairview Avenue and Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.01 ZONING - R8 existing, C-G requested ESTIMATED VEHICLE TRIPS PER DAY - Dependent upon use TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 1,050 MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 6,487 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100-feet 30-feet south of section line REQUIRED RIGHT-OF-WAY - 108-feet (54-feet from centerline) Fairview Avenue is improved with 80-feet of pavement. L.F. OF FRONTAGE ON Locust Grove Road - 450 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor arterial =NTER-DEPARTMENT CORRESPONDENCE ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 3:15-7680 NEB-i Co. A~xation/Zoning • ,une i0, 1994 Page 2 .~ 5 ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Locust Grove Road is improved with 40-feet of paving at Cherry Lane which transitions down to 24-feet at the south end of the site. L.F. OF FRONTAGE ON Wilson Lane - 1,050 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY .PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Staff recommends that access on the Locust Grove frontage be restricted to Wilson Lane. Pavement widening on Locust Grove may be required for a left-turn lane into Wilson Lane when a specific site plan is reviewed. 4. The parcel ed between should be restricted of three Fairview A' is currently platted for 10 Fairview Avenue and Wilson aware that this number with this rezone request to access points shall be ail venue . residential lots, locat- Lane. The developer of access points will be commercial. A maximum awed for this frontage on 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. SITE SPECIFIC !'EQUIREMENTS: 1. Dedicate 58-feet of right-of-way from the centerline(38-feet from section line) of Cherry Lane abutting parcel (8 addition- al feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this bene- fit zone. 2. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 3. Construct 5-foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. NEB-i Co. hnnexat~iZoninq • rune 9, :994 ~ ?age 3 4. Construct Wilson Lane to one-half of a 41-foot back-to-back street section plus 14-feet of paving. 5. Construct 5-foot concrete sidewalk on Locust Grove Road abut- ting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. NEB-i Co. ~exation/Zoning • June °, X994 Page 4 t 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher I J lt~r~ ~ ~ ' ~ ' ~ _. N CAROL. ST \ J t'f t. ..-J (~ . E` w ~ ~ v~ ~ _ ~ , i ~ ,;~ s F:: ,.,. ~ ~~ s ---- _--- ___'~--'----- - - _ ~ ~. ~ _ ~^.414_._-~ ~?r ~ ,. - ~ ` ~~ :_ - . - - --- - 4~ h: ' . • ~ 1 r • :~ •F ~ .~ f./• • ZV .Z t ". _. ~... ~.~ ~~ ~ • /~ /~ /S !4 i3 io 9 9 ~. W ' ~~`~~ ~ - ~~~ ~ P L ~ A S A N ~' - ,. ,., :,. N~ ,~,} ~opaud qot ~... ;~: ~ , ., 2• Z . ~ q1 i ~ ~~ ~o 210. ....: ' . .~ _ _-_ - __ . .. _, - ., ~. , .~ d'. . . .tf` ~, May 30, 1994 6227 Marlborough Dr. Goleta, CA 93117 William G. Berg, Jr., City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 • • ~~~~~~~~ JUN - 3 t99~r CITY OF IWERIDIATd I am responding to a Notice of Hearing for the purpose of reviewing and considering the Application of NEB-i Company for annexation and zoning of approximately 9.01 acres of land located in the NW 1/4 of Section 8, T. 3 N., R. 1 E. , BB&M. The notice I received stated the property under consideration is located on the SE corner of Cherry Lane and Locust Grove Roads. The enclosed map you included with the notice shows the property to be on the SE corner of Fairview Avenue and Locust Grove Road. I find this Notice of Hearing confusing as to the location of the property. Members of the public, who read the notice in the newspaper, and may wish to testify, may be confused as well. I request that you delay the hearing scheduled for June 14, 1994, issue a corrected copy of the Notice of Hearing with correct information and reschedule a new hearing date and time. I request that you send me a copy of the Application, as indicated in the Notice of Hearing. Sincerely, The Myall Trust Barbara C. Myall 805-683-1771 s • C~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14.1994 APPLICANT: BILL GEYER AND RUBBLE ENGINEERING AGENDA ITEM NUMBER: 1~ REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST FOR NEB-i COMPANY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Watee Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning MEMORANDUM GRANT P. KINGS):ORD Mayor TO: Planning & Zoning Co/~mission, Mayor and Council FROM: Shan L. Sttles, Planning & Zoning Administrator DATE: June 9, 1994 SUBJECT: Request for Annexation & Zoning of C-G by NEB-i Company (Bill Geyer) and Hubble Engineering The request for C-G generally complies with the City of Meridian Comprehensive Plan. No development proposal has been received at this time. 1. This property cannot be annexed until the annexation ordinance for the Locust Grove Center (Avert) property has been approved by City Council (tentatively scheduled for 6/21/94). 2. The legal description does not appear to include all the area to the centerlines of adjacent roadways. In order to be contiguous to the City (after Avert annexation), a revised legal description incorporating these areas will need to be received. 3. A development agreement is necessary prior to annexation of the proposed parcel addressing 35' landscape setback (entrance corridor), tiling of ditches, pedestrian walkways, ACHD right-of--way dedication, and other City goals and requirements. 4. All development plans will need to be reviewed by staff and appropriate agencies. 5. Depending on intended use, Conditional Use Permits may be necessary. • • . HUBOFTREASURE VALLEY . OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GASS. City Treasurer CITY Q F ME ' o GARY D. SMITH, P.E. City Engineer ! RIDI AN BERT D CORR E BRUCE D. STUART, Water Works Supt. WALT W MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SNARI STILES KENNY W. BOWERS. Fire Chief " " MERIDIAN IDAHO 83642 ~~~~~?y j~= Plan ~ ': ner 8 Zoning Administrator GORDON, Police Chief BILL W.L. , ~l JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney PhoneQ. 888.4433 • FAX (208) 887813 Chairman • Planning 8 Zoning Public Wcwks/Building Department (208) 887-22 11 ~y V 1p r ~~1 ~ ~ aJ~~ GRANT P.KINGSFORD Mayor C~'j'~ ®F ~iER1~IA~d TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH '>rHE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning &~ Zoning Comnl~ssion, may we have your answer by: June 7, 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning for NEB-i Company, BY: Bill Geyer and Hubble Engineeiring LOCATION OF PROPERTY OR PR{TJECT: SE corner of Chem Lane and Locust Grove Roads JIM JOHNSON, P/Z MdE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P!Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C1C BOB CORRIE, CIC WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RE LAMATION(PRELIM AL PLAT) CITY FILES ~ *~ YOUR CONCISE .HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBEP.S WILLIAM G.BERG.JR..CityClerk JANICE L. GASS. City Treasurer //~~ l ITY OF MERIDIAN RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer "// WALT W. MORRO~'~ BRUCE D. STUART, Water Works Supt. JOHN r. sHAwcROFT, waste water supt. KENNY W BOWERS Fi Chi f 33 EAST IDAHO >~: ~,.. "dmm~strat~r ~' E'~~~~' . , re e " " AMER~DIAN, IDAHO 83642 ~ . ry W.L. BILL GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON. JR., Attorney Phone7(2~8) 888.4433 • FAX (208) 887-4813 MAY gh~imi~~~ning 3 Zcn:^c Public Wrerfcs/Building Department (208) 887-2211 GRANT P.KINGSFORD Ci't`y( I;~q' [+y,Gttt~;t~~t~i~i Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITIi THE CITY OF MERIDIAN To insure that your comments and recommendations will, be considered by the Meridian Planning & Zoning Corr~ission, may we have your answer by: ,~r~ne 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning fnr. MLB-i Comaany. BY: Bill Gever and Hubble Enaine~cinta LOCATION OF PROPERTY OR PROJECT: Locust Grove Roads JIM JOHNSON, P/Z MBE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES p~/ OTHER: 5- a 7' % 7 YOUR CONCISE REMARKS: ~d ~ R ~rsb~.r~ w ~ fk -h~i S ~.nIYU~ x~- iDd~- CENTRAL •• DISTRICT ~RHEALTH DEPARTMENT REVIEW SHEET Rezone # /I/EB _-/ ~..~~~~ Conditional Use # Preliminary/Final/Short Plat , Retum to: ~~;~ ~ ^ Boise ~~~ ^ Eagle JUN 0 b ~~~°i ^ Garden City C:~i ~~ ~~- ia`t~1~~ii~til~ D~.Meridian ^ Kuna ^ Acz [..~- L N C-s - ,~. 1. ^ 2. ^ 3. ^ 4. ^ 5. ^ 6. ^ 7. ^ 8. ^ 9. ^ 10. ^ 11. ^ 12. .~ 13. ~~'~MM~T~D>1"rlati ~ We have no objections to this proposal. We recommend denial of this proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. We will require more data conceming soil conditions on this proposal before we can comment. Before we can comment concerning individual sewge disposal, we will require more data oonceming the depth of ^ high seasonal ground water ^ solid lava from original grade We can approve this proposal for individual sewage disposal to be boated above solid lava layers: ^ 2 feet ^ 4 feet After written approval from appropriate entities are submitted, we can approve this proposal for: ^ Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ^ Central water ^ Individual sewage ^ Individual water The following plan(s) must be submitted to and approved by the Idaho Department of HeaRh and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined ff other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store Sian~~.~i~rc~J~..ra~r~~% ~i~/~ ~~i~~N9v~~ DATE: ~ 9 ~~i ~ E l'7rS i ~L /NCI, ? t= S7 JStI'+ t~.~R~7Z ~- Reviewed by: Oy''! ~~;~7rpi~"~~.-~-~~ j3t~rr~ Discrn-r;~ ?b Tf-c' CDHD 10.91 rob • HUBOFTREASURE VALLEY • . OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST' IDAHO ME~oDIAN, IDAHO 83642 Phone~6) 888.4433 • FAX (208) 887813 Public Woeiis/Building Department (208) 887-2211 GRANT P. K[NGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W MORR01': SHARI STILES Planner 8 Zoning Aom~n~sratcr _ ~'~ JIM JOHNSON -- ~~., ~ ~ 'si i !„~ + _ y i ~~.__(ihavman ~ Planning i Zt- ~_ TRANSMITTAL TO AGENCIES FAR COMMENTS ON DEVELOPMENT PROJECTS WITH TIE PITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the *~~, ~~~ ~=-~ Meridian Planning ~ Zoning Commission, may we have your answer by: ~ ~;,~ Q ~ 1~~~ .~s<une 7. 1994 ~: ___-- - --- .-,.L TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 - REQUEST: Annexation/zoning far NEB-i Comaanv, BY:_Bill Geyer and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: SE corner of Cherrv Lane and Locust Grove Roads JIM JOHNSON, P2 MC3E ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER A Good Place to Live CITY CAF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the annexation/zonine for NEB-i Company. CITY PLANNER Rill HPnann~ Aaai ctant Watar Snr>-orintnndrant s • HUB OF TREASURE VALLEY • COUNCIL MEMBEPS OFFICIALS A Good Place to Live AONA~O R TOLSMA WILLIAM G. BERG. JA.. City Cterr ~ Ir-f1'~ T ROBEPT 0. CORiiIE OF MERID IAl~T MAX YEAAINGTON JANIC£ 4 GASS. CiIY Treasurer ~ ~1( WALT W MORAOW GRAY O. SMITH. P.E. City Engineer SHAM STILES enucs o. sTUAAT, water works spot. 33 EAST IDAHO Wanner b Zomnq ACmm,suao JOHN T. SNAWCAOFT, waste Water SuOt MERIDIAN, IDAHO 83642 KENNY W. SOWERS. Fire Ch~el F : `- JIM JOHNSON w.t.. ••eILL'• GOAOON. Fobce Chiel Phone (2081888r1d33 • FA?C f:A81887~813 ~~ ~..r~ "-'` ~'~'' Cnauman ~ atamm~q s zones wAYNE G. CROOKSTON. JA.. nttorneY Public works/Building Department 12pg1887-'..1 I GRANT P. KINGSFORD M,~4'>I{ ~ ~ ~~~~ . Mayor C~ OF ~~~~3~~3I~~3 TRANSi~tITT~L TO AGEYCIES FOR COMMENTS ON DEVELOPM1'tENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: June 7. 1994 TRANSMITTAL DATE: 5/24194 HEARING DATE: 6/14!94 REQUEST: Annexation/zonin for NEB-+ Com an BY: Bill Ge er and Hubble En ineerin LOCATION OF PROPERTY OR PROJECT: SE comer of Cherrv Lane and Locust Grove Roads _ JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFOP,D, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CIC WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEINER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8- FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELM 8 FINAL PLAT) CITY FlLES YOUR CONCISE en / r.~n coo • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Waler Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Atlministrator JIM JOHNSON Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE ~ `,, RE: NEB-i COMPANY (Annexation & Zoning) June 13, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This annexation legal description needs to be written to the centerline of Locust Grove Road and to the south boundary of the Avest Property, that is adjacent to the north, which should be the section line in Fairview Avenue. 2. An 8" diameter sanitary sewer line exists in Locust Grove Road and a stub was installed into Wilson Lane, the platted street along this parcel's south boundary. Mr. Crandlemire has agreed to reimburse the City of Meridian for his share of this sewer line cost. Annexation should be contingent upon us receiving this payment after billing is made. A city water line exists in Locust Grove Road and along the north side of Fairview Avenue. s ENGIiy • ~.r-~-~FF_ • "' ~~' RUBBLE ENGINEERING, INC. ~9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 June 14, 1994 PN: 94086 City of Meridian Meridian City Hall 33 E.Idaho Meridian, Idaho 83642 ATTN: Shazi Stiles Planning and Zoning Administrator RE: Annexation/Zoning SE Corner of Locust Grove and Fairview (NEB-I Company) Dear Ms. Stiles: J t! P~ 1 4 19~# CITY OF MFRIDIAIV In response to your comments dated June 9, 1994, concerning our annexation request we offer the following comments: 1. This is a true statement and we understand that this annexation is contingent upon the Locust Grove Center (Avest) property. 2. We will provide a legal description for the City's use which includes the property and right-of--way to the centerline; however, understand that ownership of the land does not extend to the centerline. 3. Yes, a development agreement may be necessary addressing tiling of ditches, pedestrian walkways, ACRD right-of--way dedication, however we request that only a 15' setback be required adjacent to the right-of--way as required in the Zoning Ordinance for the C-G Zone. Thirty five feet is excessive as it will consume pazking which may be required for the intended uses of the property. 4. Yes, we agree with this. .~ Ms. Stiles June 14, 1994 Page 2 • • 5. Yes, we agree with this. Please feel free to call if you have any questions. Sincerely, ~e/'i-~~ es . Merkle, P.E. cc: Bill Geyer JCM/mf/769.1tr ' •HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A GOOd PIaC2 t0 L1V2 WILLIAM G. BERG, JR.. City Clerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer CITY CAF MERIDIA N ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. ~~ EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO $3642 ~ Planner a zoning Administrator GORDON, Police Chief W.L. "BILL JIM JOHNSON WAYNE G. CROOKSTON. JR., Attorney Phone (Z08) 888433 • FAX (208) 887813 Chairman ~ Planning & Zoning Public Wor*s/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES F6)R COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will, be considered by the Meridian Planning & Zoning Commission, may we have your answer by: June 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zonin4 for ~EB-i Company, BY: Bill Geyer and Hubble Engineesdng LOCATION OF PROPERTY OR PROJECT: SE corner of Cherry Lane and Locust Grove Roads JIM JOHNSON, P/Z MdE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: JAN-14-199~i 1711 FROM CIT'f OF MERIDIAN • TO U 3780329 P.01 APPLIATION F08 ANNERATION APPROVAL & ZONING OR RHZONE MERIDIAN PLANNING AND ZONING COM~~~~~~~ MAY 1 2 1994 ~xLYxG INF ~ i tl I. GENERAL INFORMATION NA (PROPOSED NAME OF SUBbIVxSION) , ;~ 4 SE Corner of Cherry Lane and Locust Grove Roads (GENERAL LOCATION} NW 1/4, Section 8, T.3N., R._lE._, Lots 8 through 17 of Pleasant Valley Sub. (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Roger C. Crandlemire __939-1.400 (OWNER(S) OF RECORD) (NAME) (TELF~~'HONE N0.) T 1400 Floating Feather Road, Eagles Idaho 83616 (ADDRESS) NEB-i Company, Mr. Bill Gever 345-3335 (APPLICANT) (NAME) b {TELEPHONE N0,) 500 W Idaho Boise Idaho 8 702 (ADD&ESS) '~ Hubble En~ineerinQ. Inc.~„James C. Merkle 322-8992 (ENGINEER, 3URVEY08 OR PLANNER) (NAME) {~1'ELEPHONE NO.) 950 W Bethel Court Boise Idaho 83709 _ (ADDRESS) C~~v of Meridian (JURISDICTION(S) BFsQUIRING APPROVAL) (TYPE OF BUBDIVISION~~- RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 NA ACx85 OF LAND IN CONTIGUOUS OWNERSHIF. (ACCFPT~D BY:) (FEb) ,\~ ENGiiyF~ ~ • ~` .~~'s u~ ~QQ~ C CI~Ir1AIRFRINC~ IN[:_ • ~ ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 ~ ~ 9 Q, O ~ SURVEy May 12, 1994 Project No. 94086 MAY 1 2 1994 Ms. Shari Sriles C3Z~t' ~i~ ~~;~i~~ilt~fi City Planner City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Annexation and Zoning of 9.01 Acres SE Corner of Fairview Avenue and Locust Grove Road Dear Ms. Stiles: On behalf of NEB-i Company, we hereby request that the property descnbed in the attached application and legal description be annexed into the City of Meridian. The present land use is pasture and farmland. The proposed land use for the entire property will be general commercial. The present zoning is R-8 in Ada County. The proposed zoning is C-G in the City of Meridian which is consistent with the existing zoning to the West. The property adjacent to this parcel on the South and East is zoned R-8 in Ada County and the property on the North is agricultural land zoned R-T in Ada County. The proposed annexation and rezone conform with the Meridian Comprehensive Plan Land Use Map as general commercial. No variances are being requested at this time. Thank you for your time and consideration. Please call if you have any questions. Sincere/ , ..-, ~ j. :%,,i !.. ~~ ,James C. Merkle, P.E. Attachments cc: NEB-i Company JCM/mf/neb-iatr May 10, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Annexation & Rezone of 9.01 Acres SE Corner of Cherry Lane and Locust Grove Roads Dear Ms. Stiles: R~~E~~~~ MAY 12 1994 csr~ c,~ ~~~~~~~~1~~~ I, Tracey Persons, hereby promise to post a legal notice of public hearing for the 9.01 Acre Annexation and Rezone hearing one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with item number 17 of the Annexation and Zoning Requirements of the City of Meridian. Tracey ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~~~ day of 1994 personally appeared Tracey Persons, whose name is subscribed to the within instrument and who acknowledged to that she executed the same. ~ _ i`GJllilllb' 111' ~7U~G, H r~ ~C u ca, ®,~ '~ :~ v ~~ '~ c Q ~~ n o ~~ ~ ro spa ~ /~','~A'i,e ^3,~~ ^ ~~0 L 0 dr,r~ ©i 31%P "~~~ <o®a~ `~"aa~a~s~~aaa~:~ My bond expires `7 Zq~/g • • May 9, 1994 City of Meridian Ms. Shari Stiles, City Planner 33 East Idaho Street Meridian, Idaho 83647 RE: Annexation and Rezone Request Dear Ms. Stiles: MAY 1 2 194 R . ~'~ I hereby state that I am the record owner of the property described in the attached legal description, and regeust that the City of Meridian annex and rezone the parcel of ground. ~Gt.~ oger C. Crandlemire 1400 Floating Feather Road Eagle, Idaho 83616 ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~`L day of IM ~~, 19 ~ `, before me, the undersigned Notary Public for said State, personally appeared Roger C Crandelmire ,whose name is subscnbed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. N ~ tary Public or Idaho Commission Expires: .~ " 3 ~- ~ 5 Residing in: ~ ~ ~~~~+-~ ,Idaho i a • M ?+Y i 2 i9~4 ,,~ Project No. 94086 ANNEXATION DESCRIPTION. CRANDLEMIRE PROPERTY May 10, 1994 Lots 8 through 17 of Pleasant Valley Subdivision as same is recorded in Book 12 of Plats, at Page 665, records of Ada County, Idaho. Except Northerly 12.4 feet thereof. Containing 9.01 acres, more or less. ~y t~` r i y ~:v .,..~,~. r , ~ ' 'a f Y ~ , ~(,? - }?~ <a. j J - ,~','.: _ - ... . ~ ' ~ ~ mss. a,{ ,~. [, _ ~ ~ ~- ~' ,: -t' -597 ~ 1904 '- ~~ F~»,t=` °~t~ ~ ~ DEE a W a. d Sr ~~+arA~~ ~~ r C.\~~'7+_"~i~°'74'r-.~`/t rq~~t~.} ~ ~ - .~ .. ~ ; ~ . Fae Vaiw Received tY~John S.'a,Mast and. Adelaide: Mast.:. husband and wife: a- ,z,. . ~'tr ~ ~• he<e6ygrant,bc~aia seBws~sas~ra~o Roger C Crand~ tYr £ .alt Z '\`- err ]f•.- i ti: osecurreataddresais~~•C/O 5703 Plantation Road, Boise, :.o ~ 2 .• , ,;,` r_-iS-+ .ir` v "s.ti' ar'. v 'L'~4sa~ -T~+i}7-Y rrra'.T: t '~.:: ? :.:t ,. ...., ,. -~-'-------- ._ ~: - ,.a_ _ ., .- - _ , - ... _. (amtwidaheaer~l3.~~~53: .~ ~; Lota ~ 8' through 17 ~ inclusive; of Bleasant~ Valley Subdivision, ''~•r ' ~t'~~-~~according ~.to ahe~ oificial~'ptat:~ thereof; `filed in Book ~r ;~_- • ~ ` °y' ~12~oP.~;,Plats_ ; at gage.-665, Records of. Ada County, IdahO• r/, ~~ ~,. 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Q ~ Q- ... ~'' V' ~ ,`~ V~---»--- _ _ W, x~ - ~ ~ . ,:.' ~ ~ - ,fit ~~ !~f ~ - • '~v .l 3'' A ANN~NE~~ AEI. = ~ _ .A ~ ~` ' ~ ,. ' • '~r~ A, ~ ~ P ~ ~ q .SAN !./ ? a' a>-,~ ~t .~et..x dol. ~. 3•?.7 • . T ~,~ A ~> ~ i t, ~e v> ~RT a• ..`fir . ~ „ ~ . . ~ ~~ is ~ .s '~ ~;*~ ~`•" +" ~ 2v ~} 24 ~ t h~ ~.1 ~ Yr~, ~- ti/ ~~~ ER T r~ •ar+x~ • y~ «~ , ~` ~ ~ -~ - . , ~~ ~. ~ ~:. ~ RT 1 ~.~ t, Meridian City Council August 16, 1994 Page 35 battery I move we have a 5 minute break. Kingsford: With your blessing let's ask the City Attorney to prepare an ordinance on this and finish that agenda item. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare an ordinance annexing and zoning this property all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK Kingsford: Let's call the meeting back to order. I have a personal friend that would like to address the group before she has to retire, LaWanna. Niemann: Thank you, I would just like to address the Mayor and Council. This is such a great honor, 1 was surprised I didn't have a speech ready. I just want to say one thing I can't think of anything that would be of a bigger honor folks than having our Comprehensive Plan written with sweat, tears and everything dedicated to Jack tonight. And this is even better than have the key to the City, this is more important than having the key to the City, in fact this is. Thank you very much, I love you guys. Kingsford: Is that an indication you would like the key to the City, I can do that. Niemann: I think you got one one time. Kingsford: Thank you LaWanna. ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR NEB-i COMPANY BY BILL GEYER: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: I am here these evening on behalf of the applicant NEB-i Company. This • . Meridian City Council August 16, 1994 Page 36 annexation request is for 9 acres at the southeast corner of Locust Grove and Fairview, bordered on the north by Fairview, on South by I think it is Wilson Lane, on the West by Locust Grove. The applicant is asking for CG, general commercial zone in this area. This parcel has existing city services that can serve the property both sewer and water. We have met with the highway district are in accordance with their requirements for this parcel. It is in conformance with your new comprehensive plan that you spoke of. Regarding staffs comments, Mr. Smith's comments are more just informational 3 items and I think we are in agreement with those. Shari's comments are also can be met however, one of her items is regarding a 35 foot landscaped setback along Fairview. The applicant would like to point out he is planning on constructing an attractive landscape en#rance along Fairview,. your existing ordinance only requires 15 feet and we feel the 35 feet is a bit excessive. Pgssibly a 15 foot to 20 foot with a berm and fence maybe more of a buffer, more attractive than say a 35 foot space of just plain grass. So I am not sure that the width of it is the issue it is what is put in it is the key. However we would be willing to work with the city and negotiate that out if we can. With that I would like to answer any questions you might have regarding this proposal. Kingsford: Questions for Mr. Merkle? Crookston: What is the development possibilities on that? Merkle: Right now there is no proposal into the City for any site specific projects. It would be whatever would be allowed in the commercial general zone, say a retail possibly or something along that order. I don't have the ordinance in front of me but what the applicant is proposing would fall into the CG zone. But that specific zone has not been presented to the City at this time. Morrow. Jim ,this is the piece of property that is directly across the street from the Avest property. Merkle: Right on the south side of Fairview. Morrow. Is there not currently a for sale sign on that property or is that property in the process in being listed? Merkle: There may be, the property when the application was made the titled owner, Mr. Crandlemire, my client is NEB-i and they are under a contract agreement to purchase part or all of that property. They have Mr. Crandlemire's authorization to request the annexation for the CG zone. Kingsford: Any other questions? Anyone else from the public? • • Meridian City Council August 16, 1994 Page 37 Fred Mack, Suite 1400 West One Plaza, Boise, was sworn by the City Attorney. Mack: Mr. Mayor could I hand out a (inaudible), I am handing out to all of you just a general map here it is for (inaudible) so we can see what we are talking about here today. My client is Barbara Myall, Barbara Myall owns the parcel of property which is 16 acres directly south of Mr. Crandtemire's property. So you have Locust Grove Road, Fairview, the 9.12 acre which is the proposed development by Mr. Crandlemire, you have the 16 acres which my client owns. I think it is important for my discussions here tonight that the Council understands that there is a for sale sign east of this property also which is an additional 8 acres. Part of what I want to discuss with you tonight is the action you take here may have a long term effect on your approval of a concept of development for an excess of 35 acres. That is what t wanted to bring to the Council's attention here tonight. It is our position, we are here to object to the annexation of this property. We are going to urge the Council to reject annexation at this time because it is pre-mature. We are not asking you not to consider in the future that this property be annexed but what we are saying is that based upon the submission of the application that you have to date and the impact that this property is going to have not only on my client's property but the other property on Fariview that this application is pre-mature and in the best interest of the city and therefore my client we should consider putting off annexation. I am aware that the city has procedures whereby if you gant annexation and a commercial development then you have a conditional use permit process which you have used across the street for protection. I will address that issue in a moment but I believe that there are some problems even with that approach the city is using. So our approach here tonight is not to try and stop this development but to ask the City to step back and look at where you are at. This is 35 acres that is close to the city limits. You are never ever going to get an opportunity to address or deal with this size parcel this close to the center of your city. If you give up tonight and annex this without consideration of the greater effect or detriment that this is going to have on adjoining property you will forever be barred to do that. Even with the conditional use process you still can't look at it globally. The first question I would like to pose to you is if you look at the map what can Mr. Crandlemire develop. Well when he was at the planning and zoning commission they represented to you that they didn't have a particular use while Mr. Crandlemire has advised our client that he already 2/3 of that frontage. How can Mr. Crandlmire develop that in anything but a strip use. That property is not deep enough to put multi stacked dwellings of a commercial development so if you look at just his parcel of property I guess we could argue about what is a strip development. But what you are really condoning here tonight even with the conditional use process is the right to let Mr. Crandlemire or his successors develop the strip development. It is clearly contrary to your comprehensive plan, it is clearly I believe not in the city's best interest and now is the time to address that issue. If you look at the comprehensive plan and you look at the findings by the planning and zoning commission you can see that this is a (inaudible) when you annex this this is a big block of glare brown • • Meridian City Council August 16, 1994 Page 38 that is very sensitive to the future development of this town. If you are going to look at how that ought to be developed you need to consider all of the other properties that are here. So if tonight you make a decision how are you going to treat the frontage on Fairview that is east of the property. How are you going to treat my client's property when she comes to you in the future? The only logical thing to do is to consider doing that in tandem with some kind of a cluster development. So, if the city wants to have good long term developmen# of this property we ought to have a procedure where by your interests are protected and also my clients to have a comprehensive plan. That has not been done for whatever reason there has not been any concept or plan proposed for a full development of that entire parcel. That is a lot of acreage that this body is going to be ruling on over the next few years and there should be some concerted effort as to what happens with that property. I am aware and I understand that the process you use of annexation and commercial zoning with the conditional use permit has been used in the past and that is based on a court decision that I am sure Wayne is familiar with called the Burt decision. I am here tonight to advise the Council that last week Judge Schroeder in a case that my law firm is involved in which is a dispute between the City of Eagle some property owners and the City of Boise, rendered a decision in my opinion that decision puts you in jeopardy if you continue to follow that approach. Judge Schroeder ruled from the bench that the action by a city to annex and then to zone commercial, that parcel of property is quasi judicial. What happens if that is true and again that is the judges decision, if that is true than your handle or your protection of a conditional use permit could be put in jeopardy. I apologize by not being able to give you authority other than verbally because the judge ruled from the bench I don't have an order. As a matter of fact we didn't want that resolved from the court but I can get to your legal counsel a transcript of what the judge ruled. My concem is if you act tonight and you grant this annexation what you have in essence done is given him a commercial development which he can do with any confines, Schroeder is right your handle on him is no longer any good. That is clearly detrimental to my client and probably more so to you because of the adverse effect it is going to have. That case number is City of Eagle vs. City of Boise case no. 97787, I will provide to Wayne if you like a transcript of the judges opinion. But that is a danger for the city and also a danger for my client's future development of that property if you take that approach tonight. We have to understand that also the development proposed here tonight has not been really adequately disclosed to you. I understand that procedurally people can come up with development contracts later, they can tell you they are going to do later. In this case I believe that the development company already has a plan for development and they are not sharing that development here because they want you to grant annexation. They want you to grant zoning first then they will come back to you. Since that hasn't been done you are at a disadvantage of knowing what type of development is going to be in this property and how are you going to react on how that affects future development. So I think by the fact that they have not come forward with the development agreement or complied with the other requirements set forth in finding #10 in the findings of fact and conclusions of law • • Meridian City Council August 16, 1994 Page 39 that again this again is a premature action that does not need to be brought before this council tonight. The answer though is what is the answer, what is the city going to do, how do you act to resolve what I consider the limit. The demands on you are tremendous, you have tremendous growth but you have got to stand back and say what have we got here today, what affect is this going to have on a major piece of property which involves over 35 acres if we sit back and look at that. If you buy the argument that the precise development has not been determined by Mr. Crandlemire or his successors the worst position he is in by your denial of an annexation tonight is he can come back that is an irritation. To that you've got the interest of what is best for the City of Meridian, what do you want to do with the comprehensive development of that 35+ acres, how should it be developed and more importantly what specific development should Mr. Crandlemire be forced to show you and come to you before you grant it. The only feasible approach you can have is to deny the annexation. If you deny the annexation tonight he then has to go back and do his homework. I would suggest if you deny the annexation you tell him to come back with a development agreement and have that development agreement address how his development is going to impact the adjoining property owners for a comprehensive plan for the development of that entire corner, the 16 acres of my client and the property east of their which you are all going to have to rule on. If you do that then you get an approach a guidance so you can make an intelligent decision that is going to affect the city for years in advance. We are willing to do that, my client is perfectly happy to have this body step back and make a decision or investigate a decision for the proper and orderly development of this property which I think is material to the city. The only other option is you say I am going to grant it to him and let the short term needs of the developer today, get what he wants and you are going to have to deal with the long term problems tomorrow. I would suggest to you that is not what the city needs and you should reject his annexation request. Any questions? Kingsford: Any questions for Mr. Mack? Morrow: If your client wishes to control what goes on there why don't they buy the property? Mack: She doesn't wish to control, she is asking the city to control that, she is asking the city to make that decision. She isn't forcing Mr. Crandlemire his successor to develop this property all she is asking is to make an intelligent decision on 35+ acres on this entire area before you grant him his annexation. Because if you don't you are going to do a piece meal and there is not going to be an continuity. She can always come to you with her 16 acres with a proposal as Mr. Crandlemire or his successor has done to ask for you to take action on that. We think that is not in the city's best interest and we don't think it is in her best interest. • Meridian City Council August 16, 1994 Page 40 Morrow: It would appear to me that from the standpoint of private property ownership rights the Crandlemire's and obviously this gal and the people next door have the right to pursue whatever it is they wish. We as a City Council cannot sit here and tell them they have to go to their neighbor and get cooperation and bring forth a design that is compatible with all 3 so that we as a city can act on that particular design or that particular concept. Nor is it proper in my opinion for government to mandate. how development is going to occur in terms of a project and from a practical standpoint in many cases development of commercial nature it is contingent upon them to receive annexation and zoning before they can market the project to the private sector because in the private sector those folk won't commit to leases or to financing or anything else without those things being in place. And certainly in many cases you cannot as a development company represent who is being courted because of confidentiality. What you are asking here seems to me by the bulk that the other parcels mandate what goes on with this parcel. Mack: I am not really saying that, what I am first saying is you have a comprehensive Plan which I think is very good and there are numerous sites in the findings of fact by the P & 2 that the threshold issue of your comprehensive plan is you don't want strip development. My first premise is if you grant that tonight that is what you have got. That property is only big enough for strip development. So that is going to go against the theory or the concept or the ultimate design that this Council wants for the development of the city. Address the issue in a broader spectrum first. You may end up there I don't know my client may end up with a decision she doesn't want, but from what I am saying there if you allow what amounts to a strip development and numerous access points and all of that which is a classic strip development you are in essence going against directly what your comprehensive plan wants. I realize it is a difficult question and it is hard especially for this body when the pressures are upon you to allow the developer to make his money and go forward, but you do have I believe the ability and the power to look at those issues in a broader sense and then make the decision. You might come back to the same decision I am not saying you won't but I'm saying look at it. Don't give it up now without at least inquiring because I don't think this development is in conformance with your comprehensive plan. Kingsford: Other questions for Mr. Mack? Anyone else from the public that would like to offer testimony on this issue? Merkle: I will try to be brief here, I want to remind the Council I am sure you are aware but we are not talking about a 35 acre piece here tonight we are talking about a 9 acre piece bordered by Fairview and Locust Grove, on the south it is bordered by an existing right of way named Wilson Lane. In any overall master plan of the 35 acre area we would still have the same 9 acre piece bordered by public right of way on 3 sides. We are kind of limited as to what we would do there anyway. In your findings of fact presented to you • Meridian City Council August 16, 1994 Page 41 from Planning & Zoning item #14 says all development requests will be subject to development review, conditional use processing to ensure compatibility and since the city shall have control over any uses that are to be placed on the land it is therefore concluded that development of the parcel of land is conditioned upon being developed as a commercial planned development speaking of the 9 acres which is allowed in this zone under the conditional use permit. Therefore it is concluded that the property should be annexed and zoned CG general commercial and only capable of being developed as a planned commercial development or under the conditional use process. Also as a condition of annexation of the 9 acres we are required to enter into a development agreement which will address some site specific areas. Regardless of this other gentleman's client and her surrounding property we are just here tonight talking about this 9 acres. Any questions? Corrie: Do you know what is going to go in there? Merkle: Possibly a 50,000 square foot retail on the eastern 2/3 of this 9 acres. We have already met with the highway district regarding access points, this particular proposal which will come before you under a conditional use at a future date is not a strip development. It hasn't been submitted to you yet but that is one of the intents of the client. Kingsford: Other questions? Anyone else from the public? Mack: I will make one sentence. You have to ask yourself the basic question that if the developer knows what the development is which at the hearing before the Planning & Zoning commission indicated that they did not know why are they holding back to advising to what this development is until later. And the answer to that is it might be very simple they want as many options as they can when they come back to you to do what they want to do. All t am suggesting to you is that is not in the best interest of the City. You ought to have the options upfront, make them come to you first, then make an informed decision. Kingsford: Anyone else from the public? Seeing none I will close the public hearing. Counselor, 1 would assume that would constitute significant additional findings what it is your opinion? Crookston: Well it is because we did not hear from Mr. Mack or anyone representing that property at planning and zoning. Kingsford: Entertain a motion to prepare additional findings. Morrow. So moved • • Meridian City Council August 16, 1994 Page 42 Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare additional findings incorporating additional testimony, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Can I ask Shari a question, Shari on the property that is across the street are we requiring a 35 foot setback across the street. I may be asking a questions that you don 't have the answer to tonight, if you don't would you just remember for me so I can ask you tomorrow. Kingsford: You are talking about the Avest? Stiles: I know they have some landscape setbacks but I don't know for sure. I will check on that and tell you tomorrow. ITEM #20: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ST. LUKE'S REGIONAL MEDICAL CENTER: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Gary Fletcher, 190 East Bannock, Boise, was sworn by the City Attorney. Fletcher: Mr. Mayor and members of the Council you have before. you this evening a conditional use permit request by St. Luke's to construct a medical facility at the corner of I-84 and Eagle Road. I think you will see within the report and recommendation from the planning & zoning commission the services that we intend to include in this facility we appreciate the cooperation and assistance that we have received from the staff and the Mayor's office and others. We have every intention of complying with (End of Tape) made by the city staff, the various agencies and entities that have reviewed the previous, at previous meetings the application for a conditional use permit. With that we respectfully request your consideration and approval of this and I would be happy to answer any questions that you might have. Morrow. I have one question, you have read Gary Smith's comments of June 23rd, I assume those are all acceptable to you with respect to the water and the sewer? Fletcher: Yes sir. • • MERIDIAN CITY COUNCIL MEETING: August 16,1994 APPLICANT: BILL GEYER AGENDA ITEM NUMBER: 19 REQUEST: PUBLIC HEARING• REQUEST FOR ANNEXATION AND ZONING FOR NEB i COMPANY AG NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACTANDCONCI "REVIEWED" SEE ATTACHED COMMENTS ~~ ;l~ SEE ATTACHED COMMENTS LUSIONSOF UIW 1_ ~'/ ~~ ~ c~~ ~~Ik SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE RE: NEB-i COMPANY (Annexation & Zoning) June 13, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This annexation legal description needs to be written to the centerline of Locust Grove Road and to the south boundary of the Avest Property, that is adjacent to the north, which should be the section line in Fairview Avenue. 2. An 8" diameter sanitary sewer line exists in Locust Grove Road and a stub was installed into Wilson Lane, the platted street along this parcel's south boundary. Mr. Crandlemire has agreed to reimburse the City of Meridian for his share of this sewer line cost. Annexation should be contingent upon us receiving this payment after billing is made. 3. A city water line exists in Locust Grove Road and along the north side of Fairview Avenue. HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 6 Zoning MEMORANDUM GRANT P. KINGSFORD Mayor TO: Pl~ g & ZOO g Co mission, Mayor and Council FROM: Shari~les, Planning & Zoning Administrator DATE: June 9, 1994 SUBJECT: Request for Annexation & Zoning of C-G by NEB-i Company (Bill Geyer) and Hubble Engineering The request for C-G generally complies with the City of Meridian Comprehensive Plan. No development proposal has been received at this time. 1. This property cannot be annexed until the annexation ordinance for the Locust Grove Center (Avert) property has been approved by City Council (tentatively scheduled for 6/21!94). 2. The legal description does not appear to include all the area to the centerlines of adjacent roadways. In order to be contiguous to the City (after Avert annexation), a revised legal description incorporating these areas will need to be received. 3. A development agreement is necessary prior to annexation of the proposed parcel addressing 35' landscape setback (entrance corridor), tiling of ditches, pedestrian walkways, ACHD right-of--way dedication, and other City goals and requirements. 4. All development plans will need to be reviewed by staff and appropriate agencies. 5. Depending on intended use, Conditional Use Permits may be necessary. Meridian City Council September 6, 1994 Page 7 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR W.H. MOORE COMPANY: Kingsford: The Council has had those findings, are you prepared to take action? Tolsma: Mr. Mayor I would move that we approve the findings of fact and conclusions of law for the W.H. Moore Company. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for W.H. Moore Company's variance request, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: The findings Mr. Moore, the decision is the application for a variance from 11- 9-605 M is denied. Mr. Berg will present you with a set of those findings later this evening or tomorrow. Crookston: Mr. Mayor, I think you need a motion to deny it. Kingsford: Is there a motion then to deny it? Yerrington: I move we deny the request. Corrie: Second Kingsford: Moved by Max, second by Bob to deny the variance request for W. H. Moore Company, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR NEB-i COMPANY: Morrow: I have a question and I think the Counselor has started to explain it when the meeting started. It was a conditional use permit which was requested for this particular LJ • MERIDIAN CITY COUNCIL MEETING: November 1.1994 APPLICANT: NEB-I COMPANY ANNEXATION AGENDA ITEM NUMBER:~~ REQUEST:ORDINANCE # 677 AG NC CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~r~ ,~ 6 ~~~~ ~ ~ ~G~ ~~ G a~ ~ OTHER: NO. ~ 7 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH HALF OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8, T.3N., R.lE., B.M., 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 portion of the forth half of the NW 1/4 of the NW 1/4 of Section $, T.3N. , R. lE. , B.M. , Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 5, 6, 7, and 8, T.3N., R.lE., B.M., thence South 89°58'57" East, 1037.97 feet along the North boundary of said Section 8 to a point; thence South 00°23'22" West and along the Easterly boundary of Lot 8 of Pleasant Valley Subdivision, as same is recorded in Book 12 of Plats, at Page 665, records of Ada County, Idaho, a distance of 455.00 feet to a point in the center of Wilson Lane; thence along the center of Wilson Lane North 89°58'56" West, 1038.44 feet to a point on the West boundary of said Section 8 and the center of Locust Grove Road; thence along said West boundary North 00°26'54" East, 455.00 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 zoning. ANNERATION ORDINANCE - NEB-i Pa9e 1 • • Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. 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 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, 11-9-605 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. f. Comply with 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 M or of the City of Meridian, Ada County, Idaho, this ~~~ day of ~v. , 1994. ANNERATION ORDINANCE - NEB-i Page 2 • APPROVED: ,ti ~ `~/ OR -- GRANT P. KIN ORD ATTEST: ~~~~~ ~ ~~~.. j WILLIAM G. BERG, -- CITY CLERK a ~ x~ .~ ~~ .~ ~~ c•~.9 t~ b ~ i0 ,4.11 L'• . .~+• STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF`MER!IDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED::AS A PORTION OF THE NORTH HALF OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 6 7 7 by the City Co cil and Mayor of the City of Meridian, on the ~~/ day of a7i/. , 1994, as the same appears in my office. DATED this ~~ day of /v °'y , 1994. C~~,~-°' City Clerk, City o rid,i.a~}~' . ~~w• Ada County, Idaho a;,~M ~-~~~ ' ~ a .,"'~'" r, ,~~ .;+~. x.V r ,. :J' 'f,1. ~ ~.x'.~ ~. 5Y ` ! ~.T ~ .:.. . STATE OF IDAHO,) "'~ ~ ~"" ~r ".m '~ .., c~ ~: ~ 1,.rr• ~, `'2,yww" nt~~ i t~ 6~ County of Ada ) ~~ r~ ~~ ~ ` ' ~'~' ~ "~'t~~'- On this ~S~ day of o/ , 1994, befo3~;;,~,p~i~.~,.~;~ie undersigned, a Notary Public in and for said State, pet pally appeared WILLIAM G. BERG, JR. .known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. ANNEXATION ORDINANCE -NEB-i Page 3 • • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 'Ra11!'!~'7!'1.q• ~~° `' SEAL ~' ~ - - . 'o ;° " ,~ - ~ e ;; e ', ~ ~..~~ ~ ~ ~I~~- / "~ ub is for Idaho at Meridian, Idaho ssion Expires 48 Da ANNEXATION ORDINANCE -NEB-i Page 4 t a ____ ~~ I I ~ I ~ I I ~ I ~ ~~ ~~ ,, ~~ ,, ~~ ~~ ~~ ~, ~, ~~ ~, ~~ • i i ~ i ~ i. i ~ i ~ i ~ i ~ ~ ~ w IL i ~ i ~ i ~ ~ r i ~ ~ i e i ~ r" i ~l- ~ ~ I ~ O I ~ I I~ ~ N I ~ I ~ ~ Z .~ ~' ~ ~ z ~. ~- ~ $ ~~ ~~ ,~ ,~ ~~ ~o ~~ ,~ ~, ~~~ ~, ~, a~ •~ , -------- -----~--, m .~---------- i ~ .~ .i ai ~~ ~~ ~~ ~« ~I ~' ~' ~,' ,, Z ~~ o a~ .~, 1. / ~1 1~ W /~ J //~ ~'9' R ~ , ~ ~ 1~~ i~ / ~ ~ ,~ ~/ / ~ /~ / Q ~ .... J ~~, 3 a .~~, ~ ~~ ' ~ ,, '~ ~~ z ~ ;~, ------------ ---------------- ----------------------- ~= BEFORE THE MERIDIAN CITY COUNCIL NEB-i COMPANY ANNEXATION AND ZONING LOTS 8 - 17 OF PLEASANT VALLEY SUBDIVISION, EXCEPT THE NORTHERLY 12.4 FEET THEREOF MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on August 16, 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 City Council having heard and taken oral and written testimony and the Applicant appearing through James C. Merkle, P. E., and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 16, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 16, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this NEBi COMPANY ANNEX - FF & CL Page - 1 r: reference is incorporated herein; that the property is approximately 9.1 acres in size. 3. That the property is presently zoned by Ada County as R-8 residential; that the Applicant requests that the property be zoned C-G General Retail and Service Commercial (C-G); that no specific use for the property was presented but a letter accompanying the application stated that the proposed use was for general commercial . 4. The general area surrounding the property is used as R-8 County residential and the property on the north has recently been annexed and zoned General Retail and Service Commercial (C-G); the property to the west is an automobile salvage yard; the property to the south is used residentially and for various agricultural uses. 5. That the property is now adjacent and abutting to the present City limits as a result of the AVest annexation, but the property was not contiguous at the time of the filing of the application. 6. That NEB-i Company is the Applicant; that Applicant does not own the land; that the owner is Roger C. Crandlemire and he has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application was submitted with a letter that stated the present use of the land is for pasture and farmland. 8. Ada County Highway District (ACRD) submitted comments and NEBi COMPANY ANNEX - FF & CL Page - 2 ~ ~ such are incorporated herein as if set forth in full. 9. That Gary Smith, City Engineer, submitted comments and they are incorporated herein as if set forth in full; the Applicant's representative stated at the Planning and Zoning hearing that he had no problem with the Engineer's comments. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the Applicant's representative stated at the Planning and Zoning hearing that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing a 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview Avenue is such. The Planner also commented that the annexation and land use request of C-G generally complies with the current Comprehensive Plan; that no development proposal has been received; that the legal description does not appear to include all the area to the centerlines of adjacent roadways and a revised legal incorporating these areas needs to be submitted; that a development agreement is necessary prior to annexation addressing the 35 foot landscaped setback, tiling of ditches, pedestrian walkways, ACRD right-of-way dedication, and other City goals and requirements; and that depending on intended use, conditional use permits may be necessary; that at the City Council hearing Mr. Merkle stated that he had objection to the 35 foot setback along Fairview Avenue and that 35 feet was excessive; that the applicant was willing to work NEBi COMPANY ANNEX - FF & CL Page - 3 • s with the City and negotiate an agreement on the setback on Fairview Avenue; Mr Merkle also stated in response to questions that there was now no proposal for development of any site specific projects and that development would be whatever was allowed in the zone. 11. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District and U. S. West; that all such comments are incorporated herein as if set forth in full. 12. There were no property owners appearing at the Planning and Zoning hearing to make comments on the application; that at the City Council hearing Fred Mack, attorney at law, appeared on behalf of Barbara Myall who owns 16 acres directly south of the subject property; he basically testified that the action the Council takes on this application may have a long term effect on the City's approval of a concept of development for an area in excess of 35 acres; that the annexation of this parcel would be premature; that other properties in the area would be substantially effected and that it was in best interest of Meridian to consider putting off the annexation; that if the Council annexes this property without consideration of the greater effect or detriment that it is going to have on adjoining property the City will forever be barred from considering the greater effect on the adjoining properties; that development of this property at this time will create strip development which is contrary to the goals of Meridian's Comprehensive Plan; that the property is not deep enough to allow multi-stacked commercial developments; that if the City is going to NEBi COMPANY ANNEX - FF & CL Page - 4 look at how the land ought to be developed the City needs to consider all of the other properties that are there; that the only logical thing to do is to consider doing planning in tandem with some kind of a cluster development; that there has been no concept plan for development of that entire area. That there has been a court decision in Ada County where the Judge ruled that action by a city to annex and then to zone the parcel commercial is quasi judicial; that if that is true the City's protection of a conditional use permit could be put in jeopardy; that it was Mr. Mack's concern that if the City acts on this, it grants to the Applicant a commercial development which he can do with as he desires, and if Judge Schroeder is right, the City loses control over the Applicant. Mr. Mack also stated that the development proposed has not been adequately disclosed to the City and therefore the City is at a disadvantage of not knowing what type of development is going to be on the property; that if the City tells the Applicant to come back with a development agreement and have the development agreement address how the property is going to impact the adjoining property owners for a comprehensive plan of development of the entire corner, the City can then get an approach at guidance as to how this development is going to affect the City for years. 13. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 14. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area NEBi COMPANY ANNEX - FF & CL Page - 5 • (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 15. That the property can be physically serviced with City water and sewer. 16. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial. 17. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with NEBi COMPANY ANNEX - FF & CL Page - 6 • B. contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. 3. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). COMMERCIAL ACTIVITY CENTERS, Page 25 a. In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage 4. COMMERCIAL POLICIES, Page 26 a. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. b. 4.7U Community shopping centers must be planned for future integration of adjoining NEBi COMPANY ANNEX - FF & CL Page - 7 • residential uses. 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. d. 5.19U A planned community shopping center is anticipated near the Locust Grove Road/Fairview Avenue intersection. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove Road is listed as a Minor arterial. D. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors c. Fairview Avenue (East entrance). NEBi COMPANY ANNEX - FF & CL Page - 8 • 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 18. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 28, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 19. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 20. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: NEBi COMPANY ANNEX - FF & CL Page - 9 • "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 21. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 22. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 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. 23. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. NEBi COMPANY ANNEX - FF & CL Page - 10 24. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A .development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 25. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being NEBi COMPANY ANNEX - FF & CL Page - 11 • able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks 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. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right NEBi COMPANY ANNEX - FF & CL Page - 12 .. ~ ~ • of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian NEBi COMPANY ANNEX - FF & CL Page - 13 pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 34. The Comprehensive Plan, recently adopted, does state that in the Mixed-Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of NEBi COMPANY ANNEX - FF & CL Page - 14 the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation and zoning applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983); that 11-2-417, ANNEXATION AND ZONING UPON ANNEXATION, A, reads in part as follows: ". The Commission, the City, the applicant and the Council shall follow the notice and hearing procedures provided in Section 2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative NEBi COMPANY ANNEX - FF & CL Page - 15 • function even though the procedure is designed to be quasi- judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. ."; that the Applicant has been provided due process; that the City may as part of the annexation, and as a condition of the annexation, place conditions of approval on the annexation, which must be met prior to the adoption of an annexation ordinance, or which may be allowed to be met after annexation and if not met the parcel shall be de-annexed. 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, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan.; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 11. That it is concluded that the City could annex the NEBi COMPANY ANNEX - FF & CL Page - 16 • property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 12. That the Applicant's proposed use of the property is not known and therefore it is not known whether the application is in compliance with the Comprehensive Plan, and therefore the annexation and zoning should be conditioned on the City determining what the proposed uses are and whether the proposed uses are in conformance with the Comprehensive Plan, or the property should be subject to de-annexation if the uses and lay-out of uses are not in compliance with the Meridian Comprehensive Plan. 13. Additionally, the Applicant has not stated or represented its intention for development, which is of concern to the Commission and the City Council; it is therefore concluded, as a condition of annexation and zoning, even if some uses are revealed and those uses are determined to be in compliance with the Comprehensive Plan, any use or development of the property shall only be allowed as a conditional use with design review. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since the City should NEBi COMPANY ANNEX - FF & CL Page - 17 • have control over any uses that are to be placed on the land, it is therefore concluded that once annexed and zoned, development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process, or both. 15. Therefore, it is concluded that the property should be conditionally annexed and zoned General Retail and Service Commercial (C-G) subject to determination by the City that the uses and development are in compliance with the Comprehensive Plan; that the property would only be capable of being developed as a planned commercial development and under the conditional use permit process. 16. That, prior to annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11- D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. NEBi COMPANY ANNEX - FF & CL Page - 18 • 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan and meeting the standards for COMMERCIAL ACTIVITY CENTERS, at page 25, COMMERCIAL POLICIES, at Page 26, and the MIXED-PLANNED USE DEVELOPMENT, comments at Page 28 of the Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the above section states that the development agreement NEBi COMPANY ANNEX - FF & CL Page - 19 • shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance, and therefore pursuant to 11-2-416 F 2. the City Council may desire to continue the matter from meeting to meeting until the development agreement is executed by all necessary parties. 18. That it is concluded that the annexing and zoning of the property would be in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 19. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to NEBi COMPANY ANNEX - FF & CL Page - 20 • • Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and. approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED e~1 VOTE VOTED VOTED VOTED NEBi COMPANY ANNEX - FF & CL Page - 21 • • DECISION The City Council hereby decides that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including, but not limited to, that the Applicant inform the Council of the uses and the proposed development and that the Applicant enter into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not. agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement and informing the City of intended uses and development of the property, the property shall not be annexed. MOTION:. APPROVED:--~~ DISAPPROVED: NEBi COMPANY ANNEX - FF & CL Page - 22 • BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN NEB-i COMPANY ANNEXATION AND ZONING LOTS 8 - 17 OF PLEASANT VALLEY SUBDIVISION. EXCEPT THE NORTHERLY 12.4 FEET THEREOF MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 14, 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 City Council having heard and taken oral and written testimony and the Applicant appearing through James C. Merkle, P. E., 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 June 14, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 14, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 reference is incorporated herein; that the' property is approximately 9.1 acres in size. 3. That the property is presently zoned by the county as R-8 residential; that the Applicant requests that the property be zoned C-G General Retail and Service Commercial (C-G); that no specific use for the property was presented but a letter accompanying the application stated that the proposed use was for general commercial. 4. The general area surrounding the property is used as R-8 County residential and the property on the north is agricultural land zoned R-T by the County. 5. That the property is now adjacent and abutting to the present City limits as a result of the AVest annexation, but the property was not. contiguous at the time of the filing of the application. 6. That NEB-i Company is the Applicant; that Applicant does not own the land; that the owner is Roger C. Crandlemire and he has consented to the application and has requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application was submitted with a letter that stated the present use of the land is for pasture and farmland. 8. Ada County Highway District (ACHDj submitted comments and such are incorporated herein as if set forth in full. 9. That Gary Smith, City Engineer, submitted comments and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 • • they are incorporated herein as if set forth in full; the Applicant's representative stated at the hearing that he had no problem with the Engineer's comments. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; that the Applicant's representative stated at the hearing that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing as 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview Avenue is such. The Planner also commented that the annexation and land use request of C-G generally complies with the current Comprehensive Plan; that no development proposal has been received; that the legal description does not appear to include all the area to the centerlines of adjacent roadways and a revised legal incorporating these area areas need to be submitted; that a development agreement is necessary prior to annexation addressing the 35 foot landscaped setback, ;tiling of ditches, pedestrian walkways,m ACHD right-of-way dedication, and other City goals and requirements; and that depending on intended use, conditional use permits may be necessary. 11. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District and U. S. West; that all such comments are incorporated herein as if set forth in full. 13. There were no property owners appearing at the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 • • and Zoning hearing to make comments on the application 14. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 15. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. That the property can be physically serviced with City water and sewer. 17. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial. 18. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 • • 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. B. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL ACTIVITY CENTERS, Page 25 a. In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial .Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 • • 4. COMMERCIAL POLICIES, Page 26 a. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. b. 4.7U Community shopping centers must be planned for future integration of adjoining residential uses. 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. d. 5.19U A planned community shopping center is anticipated near the Locust Grove Road/Fairview Avenue intersection. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove Road is listed as a Minor arterial. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 • • D. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors c. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage' clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood. Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 19. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 28, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 20. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 • s 21. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 22. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 24. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 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. 25. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 developments, are an allowed use in the C-G district. 26. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot. size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 27. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with. the increase in population that is occurring and with its impact on the City being FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 • able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks 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. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 • 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 5~ 5~ 35. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 36. The Comprehensive Plan, recently adopted, does state that in the Mixed-Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. coxcLVSiorts 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 • • and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls. 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 • • 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intention is to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed as conditional uses. 13. That it is concluded that the City could annex the property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 • • Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial ( C-G ) district, or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed as a planned commercial development or under the conditional use permit process.. 16. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 • • 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees,for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines, including plans for the storage units. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 14. Traffic plans and access into and out of any development. 15. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 • zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance, and therefore pursuant to 11-2-416 F 2. the City Council may desire to continue the matter from meeting to meeting until the development agreement is executed by all necessary parties. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 19. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 • • will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- Gj, would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 18 • RECOI~II~IENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enters into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 19 ' • • TREASURE VALLEY HUBOF ' OFFICIALS 19 Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk MAXYERRINGTON JANICE L. GASS, City Treasurer CITY ~F MERIDI AN ROBERT 0. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water st,pt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~~C~j[ ]~ Plan ner 8, Zoning Administrator W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phoneme 888~t33 • FAX (208) 887813 i ~r JIM JOHNSON Chairman ~ Planning 8 Zoning Public Wclrics/Building Department (208) 887-2211 ~ py 2 6 1994 GRANT P. K[NGSFORD Mayor CITY pF MERIDIAN TRANSMITTAL TO AGENCIES F(TIt COMMENTS ON DEVELOPMENT PROJECTS WITH '11~IE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning 8~ Zoning CommNSSion, may we have your answer by: June 7, 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning foc MEB-i COmRanY, BY: Bill Geyer and Hubble Enginee~r~g LOCATION OF PROPERTY OR PRQI.IECT: SE corner of Cherry Lane and Locust Grove Roads JIM JOHNSON, P/Z MdE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF REC,~LAMATION(PRELIM 8~T~JAL PLAT) CITY FILES (J ~' / l YOUR CONCISE ., • • HUB ©F TREASURE VALLEY OFFICIALS A GOOd PIaCe t0 L1Ve COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk MAX YERRINGTON JANICE L. GASS, City Treasurer CITY ~C-F MERIDIAN ROBERT 0. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO C ~~LEs JOHN T. sHAwcROFT, waste water supt. ~ dministrator L KENNY W. BOWERS, Fire Chief IDAHO 83642 11~ER~DIAN • W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney , ~ Phone} 888433 • FAX (208) 887813 JIM JOHNSON ~1) AV ~h~m~Qs~ning 8 Zoning - Public Wcaks/Building Department (208) 887-221 I 'HI '~+ 1 GRANT P. KINGSFORD CITY ~'~~ t~+d~.~tll)iltli~ Mayor TRANSMITTAL TO AGENCIES FAR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning ~ Zoning Corraaission, may we have your answer by: Jane 7. 1994 TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zoning fns M.EB-i Company, BY: d Hu LOCATION OF PROPERTY OR PROJECT: Locust Grove Roads JIM JOHNSON, P/Z MBE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: 5- a 7 YOUR CONCISE REMARKS: ig d e •4 ~ r a b (.~ .-tor w~ ~f' k -I-l~ i s ~.nIVU~ Xia- ~~D~• U RIECEI~']EI~ JUN 1 7 1994 CITY OF MERIDIAN GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary June 15, 1994 TO: NEB-i COMPANY 500 W. IDAHO BOISE ID 83702 FROM: Larry Sal , S er or Develop t SUBJECT: MERIDIAN ANNEXATION/ZONING CHERRY LANE & LOCUST GROVE Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on June 15, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron HUBBLE ENGINEERING MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 .~ ~ ~~; ~~~' 'GLENN J. RHOGES, President SHERRY R HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission NEBI/DSTECH 6-15-94 DATE: June 13, 1994 FROM: Development Services SUBJECT: Meridian Annexation/Zoning Southeast corner of Fairview and Locust Grove (Developer - NEB-i Company (Bill Gever), 500 W Idaho, Boise ID 83702) (Engineer/Surveyor - Hubble Engineering, Inc. (James Merkle), 9550 W Bethel Court, Boise ID 83709) FACTS & FINDINGS: 1. NEB-i Company is requesting annexation into the City of Meridi- an and zoning classification of C-G (commercial) for 9.01 acres. The site is located at the southeast corner of Fairview Avenue and Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.01 ZONING - R8 existing, C-G requested ESTIMATED VEHICLE TRIPS PER DAY - Dependent upon use TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 1,050 MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 6,487 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - EXISTING RIGHT-OF-WAY - 100-feet 30-feet south of REQUIRED RIGHT-OF-WAY - 108-feet (54-feet Fairview Avenue is improved with 80-feet center line and section line is not the s Route section line from centerline) of pavement. The Mme. L.F. OF FRONTAGE ON Locust Grove Road - 450 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane INTER-DEPARTMENT CORRESPONDENCE ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 NEB-i Co. Annex ion/Zoning • ~ June 13, 1994 Page 2 EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Locust Grove Road is improved with 40-feet of paving at Cherry Lane which transitions down to 24-feet at the south end of the site. L.F. OF FRONTAGE ON Wilson Lane - 1,050 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Access to Locust Grove will be restricted to Wilson Lane and a driveway 230-feet south of the pavement of Fairview Avenue. Pavement widening on Locust Grove may be required for a left- turn lane into Wilson Lane when a specific site plan is re- viewed. 4. The parcel is currently platted for 10 residential lots, locat- ed between Fairview Avenue and Wilson Lane. The developer should be aware that this number of access points will be restricted with this rezone request to commercial. A maximum of four access points can be allowed on this frontage on Fairview Avenue. The first full access driveway will not be allowed 460-feet east of the pavement of Locust Grove. Staff will allow a right-in/right-out only driveway 230-feet east of Locust Grove. A minimum separation of 125-feet will be re- quired between intersections. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 58-feet of right-of-way from the centerline(38-feet from section line) of Cherry Lane abutting parcel (8 addition- al feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this bene- fit zone. 2. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. NEB-i Co. Annex ion/Zoning June 13, 1994 Page 3 3. Construct 5-foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. 4. Construct Wilson Lane to one-half of a 41-foot back-to-back street section plus 14-feet of paving. 5. Construct 5-foot concrete sidewalk on Locust Grove Road abut- ting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, NEB-i Co. Annex~on/Zoning • June 13, 1994 Page 4 sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: xaren Gallagher JUN 15 1994 ~ ~ e i ' C 1 ~ ~ .. -~:~ ~~~~'~ is " If - _ ~~ 2~.~ ••~ ~+ ~~x? ~ ~i ~ A ` ` ~ « - _ s~ ~. --~ ' - ., y -r ~ a I ~ ~ MZ h ~ ~Y7+t _ ~ ~i ~ I ~ J O ; ~ ~ ~ - _ ~' ~ r ~ ~ r . ~ _~yy ~ Y Y ~, { t ~,.' ' ~ i • 1 = ~ ~ ~ 4 6 T O M t ," ~ ~ ; ' 4' ~ ' 1 _ o ~ _ ; ~ F ; ~ y ~ Ur- - - --- ----------_ _ , _.. .. .. - ----... _~ ~ . - -% 3 ~ 2 •:; '_ .. - i -~. ,1F. - ~~ t•1 f ~ • 2v -2 . i. .aa~ N ~-'sue-!.: - - p W , ~ ~ ` `., ~, - A NA' . r: '~• •.e r,x 30.1. 3.?.f 7 z ' * ~opasrd 4.01 ` ~ ~, ~'• ~C 14KNl~C , 'F161'v ` ~~ { r • r t .. ~ ~ fi V \ . r .. '_ ~ Z ® 2~ ..y* ~- ~ ~ ~ A .~ «a! H. ~; ~z ~ ~~ 1 ~ Sr x^_ ~^ .~ ~ ~-, --ERRY '< 'riUBER, '~~,ce ~resiaenr ,~.iV1E~ E. SRUCE. ~ecrerarv T0: ACHD Commission NEBI/DSTECH 6-15-94 DATE: June 9, 1994 FROM: Development Services SUBJECT: Meridian Annexation/Zoning Southeast corner•of Fairview and Locust Grove (Developer - NEB-i Company (Bill Gever), 500 W Idaho, Boise ID 83702) (Engineer/Surveyor - Hubble Engineering, Inc. (James Merkle), 9550 W Bethel Court, Boise ID 83709) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. NEB-i Company is requesting annexation into the City of Meridi- an and zoning classification of C-G (commercial) for 9.01 acres. The site is located at the southeast corner of Fairview Avenue and Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 9.01 ZONING - R8 existing, C-G requested ESTIMATED VEHICLE TRIPS PER DAY - Dependent upon use TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 1,050 MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 6,487 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100-feet 30-feet south of section line REQUIRED RIGHT-OF-WAY - 108-feet (54-feet from centerline) Fairview Avenue is improved with 80-feet of pavement. L.F. OF FRONTAGE ON Locust Grove Road - 450 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor arterial ENTER-DEPARTMENT CORRESPONDENCE ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 NEB-i Co. Anne~ion/Zoning i rune i0, 1994 ~ Page 2 ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Locust Grove Road is improved with 40-feet of paving at Cherry Lane which transitions down to 24-feet at the south end of the site. L.F. OF FRONTAGE ON Wilson Lane - 1,050 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional right-of-w~-y required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Staff recommends that access on the Locust Grove frontage be restricted to Wilson Lane. Pavement widening on Locust Grove may be required for a left-turn lane into Wilson Lane when a specific site plan is reviewed. 4. The parcel ed between should be restricted of three Fairview A' is currently platted for 10 Fairview Avenue and Wilson aware that this number with this rezone request to access points shall be ail venue. residential lots, locat- Lane. The developer of access points will be commercial. A maximum awed for this frontage on 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on June 14, 1994. SITE SPECIFIC rEQUIREMENTS: 1. Dedicate 58-feet of right-of-way from the centerline(38-feet from section line) of Cherry Lane abutting parcel (8 addition- al feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this bene- fit zone. 2. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 3. Construct 5-foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. _ _ __ _ _ NEB-i Co. ~nne~ioniZoninq • rune 9,994 ?aqe 4. Construct Wilson Lane to one-half of a 41-foot back-to-back street section plus 14-feet of paving. 5. Construct 5-foot concrete sidewalk on Locust Grove Road abut- ting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. NEB-i Co. tinne~ion/Zoning • June °,994 Page 4 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher /~~ •~ ~ T R ° l : _. ~, . . • ~ ''rte' ~ N C A R O 1. S? ~ ~-- ~. .:r,'~'f~ _ . ;i;~,: \:.. . ~ _ ~~ 2 O ...; ~ p Q -- --- - s •. ~ - ~ ~• , .. a ~, 3 ~:~ . t•1 ~ • r2ir .2 •' ~ R •37• ~ • : • ~~~. NN~NE~`AS~rN. . • ~~ is ~¢ l r ~ ~3 .0 9 e A ~ ~ 199 : , • . ~ ,. - ~ 90~, 1 3.3.7 7 is ~~ .~ '~`..; •.b ~Y:a ^ ;. ~ 0. .4y..~ ~' ••r. oT Sl. ~Is w:r•~ R : .~ ~.. + .~ CENTRAL '~ •• DISTRICT HEALTH DErARTMENT REVIEW SHEET Rezone # /y~B '~ ~~ _ Conditional Use # Preliminary/Final/Short Plat _ ,, r~ Retum to: ~~;~~ ~~~ ~, ^ Boise ^ Eagle JUN 0 b 194 ^ Garden City Ci~:~ fit- iy`t~l{j~ir~'~ 'Meridian ^ Kuna ^ Acz =LNG. ~. 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment conceming individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ^ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of HeaRh and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined ff other considerations indicate approval ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store ~ 13: / S%~/liy~~i~iz.~9~ora~~~-~' -~v4'/~ y~,~~if9y.~~- DATE: (o `~ , ~ ~lzpMH~r,p/Y~1eoJ i l~ 4'f~"OZ _~ ~~ ~I ~ / ` ` ° iE 1 Z lNCy rJ~+ 1/V/ /ILS , DF S Reviewed by: 0~?. `~ ~Y~ /~".Q47Z°7~ jjr~7~ai2~ ~ JSCli ~h'rj E ~ ~'G CDHD 10-91 rcb ~5vBSu~r~r~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney • HUB OFlREASURE VALLEY • A Good Place to Live CITY ~~' 1VIERIDIAN 3,3 EAST IDAHO ME3t>QDIAN, IDAHO 83642 Phone ~B.) 888433 • FAX (208) 887813 Public W~*s/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator r r'°" ~~ ~I `~ ~'~'. +;~ JIM JOHNSON +-~' ~ ~' v.~H. airman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES lF(?~R COMMENTS ON DEVELOPMENT PROJECTS WITH THE rITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the '~C~-~~~ m Meridian Planning ~ Zoning Comnniission, may we have your answer by: ~, ,,;;~ 0 y 1994 June '~, 194 r --~-- - - -- -=~ • . ;;.. _. - TRANSMITTAL DATE: 5/24/94 HEARING DATE: 6/14/94 REQUEST: Annexation/zonin g fair DEB-i COmRany. BY: Bill Geyer and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: SE corner of Cherry Lane and Locust Grove Roads JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MdE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P!Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOURCDNCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on the annexation/zoning for CITY ATTORNEY NEB-i Company . CITY ENGINEER CITY PLANNER K Ri11 HPn~nn ~ ASCictant Watar Sn=Printanrlant • HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALO R. iOLSMA ERIDIAN MAXYERRINGTON WILLIAM G. BERG. JR.. City Clerk ~~~Z j Or ~ ROBERT l). CORRtE JANICE L GASS. Cily Treasurer Yl +r WALT W MORROW GgRV 0. SMITH. P.E. City Engineer SMARI STILES BRUCE O. STUART, water WOIICS Suot. 33 EAST IDAHO planner 8 Zon~nq AOtn~n,strator JOHN T. $MAWCROfT. Waste Water Su01 MERIDIAN, IDAHO 83(x32 F~ r ., KENNY W. BOWERS. Fire Ch~el ~'` JIM JOHNSON w.L. "BILL° GOROON. Ponce Cruet phone 12081888-1433 • FAX (:A81887~813 ~ ~'° ~'-`~ r~~ "" ~' Ct+auman Ptamm~q s Zomnq WAYNE G. CROOKSTON. JR.. Attorney Public works/Building Department (2081887-~_ A ~ ~ {~~~ GRANT P. K[NGSFORD M ~,Y Mayor h~ ~~ ~~~~~IA~ TRANSivIITTAL TO AGENCIES FOR COM1ViENTS O1Y DEVELOPM1'IENT PROJECTS WITA THE CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian Planning 8t Zoning Commission, may we have your answer by: June 7, 1994 TRANSMITTAL DATE: 5124/94 HEARING DATE: 6/14!94 REQUEST: Annexation/zonin for NEB-i Com an BY: Bill Ge er and Hubble En ineerin LOCATION OF PROPERTY OR PROJECT: SE comer of Cherry Lane and Locust Grove Roads JIM JOHNSON, PIZ MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFOP.D, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C1C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES YOUR CONCISE REMARKS: rte! r~nCGrv~An~"' , ~' T ~ ~ ~ Meridian Planning & Zoning July 12, 1994 Page 11 Shearer: Second Johnson: It has been moved and seconded for a favorable recommendation to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR NEB-i COMPANY ANNEXATION AND ZONING REQUEST BY BILL GEYER: Johnson: Any discussion regarding these findings and facts? If there is no discussion or corrections I will entertain a motion. Rountree: Mr. Chairman, I move that the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions. Alidjani: Second Johnson: We have a motion and a second for approval of the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye. MOTION CARRIED: All Yea Johnson: Is there a recommendation for the City Council? Rountree: Mr. Chairman, 1 move the Meridian Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in the findings of fact and conclusions of law including that the applicant enters into a development agreement prior to annexation and zoning ordinance be passed as that agreement is information that the Council needs to decide whether to pass annexation or zoning ordinance or deny the application. That if the applicant is not agreeable to these findings of fact and conclusions of law and it not agreeable to entering into a development agreement the property should not be annexed. Hepper: Second Johnson: We have a recommendation as read to pass onto the City Council a motion and a second, all those in favor? Opposed? ~_ Meridian Planning & Zoning July 12, 1994 Page 12 MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR WATERBURY PARK N0. 5 SUBDIVISION ANNEXATION AND ZONING REQUEST BY RAMON YORGASON AND NUBBLE ENGINEERING: PRELIMINARY PLAT FOR WATERBURY PARK NO. 5 SUBDIVISION BY RAMON YORGASON AND NUBBLE ENGINEERING: Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Rountree: Second Johnson: It has been moved and seconded that we approve the findings of fact and conclusions of law for Waterbury Park No. 5 as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: A recommendation to the City Council. Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law, including that the applicant enter into a development agreement prior to an annexation and zoning ordinance being passed as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance or deny the application. If the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into a development agreement the property should- not be annexed. Rountree: Second Johnson: It is moved and second to pass a recommendation to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We have to deal with the preliminary plat now. • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 12.1994 APPLICANT: BILL GEYER AND RUBBLE ENGINEERING AGENDA ITEM NUMBER: 6 REQUEST: FtNDiNGS OF FACT AND CONCLUSIONS OF LAW FOR NEB-i COMPANY ANNEXATION AND ZONING REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~ C~ ,,,~~' Y~G ~ ~ ~ ~ ~ ~~ ~S P OTHER: • • • Meridian Planning & Zoning June 14, 1994 Page 25 Johnson: Its been moved and seconded to have the City Attorney prepare findings of fact and conclusions of law for the Hollows, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR NEB-i COMPANY BY BILL GEYER AND RUBBLE ENGINEERING: Johnson: 1 will now open the public hearing, if there is a representative of the applicant that would like to come forward please do so now. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: I am here this evening on behalf of NEB-i Company, regarding a 9 acre parcel on the southeast corner of Locust Grove and Fairview. The requested zoning is CG it is Commercial General zone in the City of Meridian. My packet did not include any comments from the Highway District or from the City Engineer. I only had Shari's comments and I addressed a letter, it should have been put in your box addressing each of her comments. If you want I can pass out the ACRD comments. Johnson: We already have them. We also have Gary Smith's comments, vue will make a copy of those available to you if you don't have them. Merkle: The applicant would agree with Gary Smith's comments, this is the first I have seen them, but these 3 are acceptable to us. Rountree: You have Shari Stiles's? Merkle: Yes, and I provided a letter to you responding to each of those. Johnson: We have that. Merkle:. The main one being the 35 foot landscape buffer she wants between the right of way and the site. And what I was proposing at this point since we don't have an intended use set for the property, that your ordinance for the CG zone allows a 15 foot front setback and that is what we are proposing just to respond to her comments. Rountree: The Comp Plan indicates for streets coming into the City that they be 35 feet, so I think that is where her comment is coming from I'm sure. Johnson: Yes, I don't think it is her comment it is just that our Comprehensive Plan is Meridian Planning & Zoning June 14, 1994 Page 26 requiring. Merkle: Yes, l spoke to Shari about that and I understand that. I would like to answer any other questions if you have them. Johnson: Any other questions for Mr. Merkle? Crookston: I didn't follow all the conversation, you agree with the 35 foot setback? Merkle: No, as stated in my letter we are proposing only 15 foot setback be required. If the Planning and zoning Commission intends to require 35 foot that would be a condition of approval. The ordinance only requires 15 foot. Crookston: Thank you Johnson: Any further questions? Rountree: Do you have any tentative tenants? Merkle: At this time no, I believe the applicant has met with Ms. Stiles regarding a possible site plan but as far as a tenant 1 do not know that right now. Hepper: Is this piece of property contiguous to City limits. Merkle: Based on Shari's first comment it is contingent upon the annexation of the property to the north, once they are contiguous we are contiguous. And that is how we will right our legal description. Johnson: That is the AVest application? Merkle: Yes sir. Johnson: Thank you Jim, anyone from the public like to address this application? Seeing no one I will close the public hearing. We need a motion. Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared by the City Attorney. Alidjani: Second Johnson: Moved and second to have the City Attorney prepare findings of fact and ~ • Meridian Planning & Zoning June 14, 1994 Page 27 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ASHFORD GREENS SUBDIVISION BY BOISE RESEARCH CENTER AND RUBBLE ENGINEERING: Johnson: A representative of the applicant or the applicant please come forward and address the Commission at this time. Mike Wardle, 9550 Bethel Court, Boise, was swum by the City Attorney. Wardle: Mr. Chairman, I would like to put up an item for Commission review, this is the same as was submitted in your packet and I believe you probably have all seen the large plat. I don't know how to do this so that the folks in the audience can see it. May l use the easel. Johnson: You can use the easel or Mr. Merkle will hold it for you. Wardle: It will be a little difficult for Mr. Crookston but hopefully vue can refer to it and those in the audience might be able to see and understand it a bit as well. This is a long awaited project, it has been many years since the first nine holes of the golf course were developed. And as the subdivisions have gone along there is an sense of anticipation for the balance. And through the application that you saw recently from the Steiner Corporation for a portion of the area that lies just to the east of obviously what shows is just a couple of portions of holes. That is the means of implementation of these other nine hole segment of the golf course. There are 2 matters before the Commission this evening, and I would like to handout just for the simple clarification of what those 2 matter are. One other, this is an excerpt from the zoning map. Johnson: I believe we have this, this was in our packet. Wardle: Yes, 1 don't know the history of why one small piece roughly 24 acres was not annexed previously because it was under an ownership that we researched the ordinances for annexations to the south and to the north and for whatever reason there was that small, approximately 600 foot strip of land that was not annexed. The balance has been annexed and is currently zoned R-4. The request that we have made if for R-4 as well. However, we are also requesting consideration and approval of this project in preliminary plat form with the consideration as a planned unit development for a number of stated reasons and the letter of May 14, 1994 which I hope was in your packet. Essentially in • s MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: June 14.1994 APPLICANT: BILL GEYER AND RUBBLE ENGINEERING AGENDA ITEM NUMBER: .'~ ~ 7 REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST FOR NEB-i COMPANY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS COMMENTS FORTHCOMING SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS W" SEE ATTACHED COMMENTS ~~ P ~~~~ . C~ L ~~ ti .~~~ NOV 16 '94 13:27 PAGE.001 ~ GJ10 GLENN J. RHODES. Preslaertt SHERRY R. HUGER. Yic6 President ,LAMES E. BRUcE. Secrurary James C. Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Ct. Boise, Ib 83709 RE: D & B 6upply Fairview e/o Locust drove Novembsr 3, ].994 Via Facsimile MERDBSUP.MSR Yn order €or the District to approve the above noted project, the following conditions must be complied with. show the re fired ri. ht-of-wa line at 58-feet from centerline ~ 9' Y of Fairview Avenue. The existing right-of-way line ap$eare to be 50-feet from centerline at the east boundary o~ the project. ~~~ ~~ Provide a cote on the plans that requires coz~etruetion of a S' wide concrete sidewalk along the new Fairview Avenue right-of-way line. This sidewalk requirement may be satisfied by a $4,505.00 deposit to the Public Rights-Of-Way Trust Fund at the District for same. 3. Provide a paved approach (5' fxom the edge of the roadway should be sufficient) for the existing driveway on the south side of Wilson Lane. On Sheet C-~, the typical street sections for Wilson Lane o ld show the gravel shoulders. 5. The impact fee assessment will be calculated a:~d collected at Meridian City Hatll. If you have any ctuestions or comments, Stuart is ,~ ve t Analyst Development Sezvices sCR/scr cc: Project File Chron File please Gall me at 345-7662. ppg~_~TM brand fax transmittal memo 7b?1 ~ of t~9•s' l add county highway district 318 Eazt 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ** TOTAL PAGE.001 ** f • i MERIDIAN CITY COUNCIL MEETING: November 1 1994 APPLICANT: NF3-I COMPANY ANNEXATION AGENDA ITEM NUMBER: 8 REQUEST:ORDINANCE # 677 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: V • ORDINANCE NO. ~ 7 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH HALF OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8, T.3N., R.lE., B.M., 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 portion of the North half of the NW 1/4 of the NW 1/4 of Section 8, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 5, 6, 7, and 8, T.3N., R.lE., B.M., thence. South 89°58'57" East, 1037.97 feet along the North boundary of said Section 8 to a point; thence South 00°23'22" West and along the Easterly boundary of Lot 8 of Pleasant Valley Subdivision, as same is recorded in Book 12 of Plats, at Page 665, records of Ada County, Idaho, a distance of 455.00 feet to a point in the center of Wilson Lane; thence along the center of Wilson Lane North 89°58'56" West, 1038.44 feet to a point on the West boundary of said Section 8 and the center of Locust Grove Road; thence along said West boundary North 00°26'54" East, 455.00 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 zoning. ANNEXATION ORDINANCE - NEB-i Pa9e 1 • • Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. 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 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, 11-9-605 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. f. Comply with 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 day of , 1994. ANNEXATION ORDINANCE - NEB-i Page 2 • APPROVED: MAYOR -- GRANT P. RINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH HALF OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the day of , 1994, as the same appears in my office. DATED this day of , 1994. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. ANNEXATION ORDINANCE - NEB-i Page 3 • • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - NEB-i Page 4 • MERIDIAN CITY COUNCIL MEETING: November 1 1994 APPLICANT: NEB-I COMPANY (D& B SUPPLY) AGENDA ITEM NUMBER: 7 REQUEST: DEVELOPMENT AGREEMENT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the fast part, hereinafter called the "CITY", and 4('HRANDT FAMILY PARTNERSHIP, an Idaho partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is 3303 East Linden Caldwell, ID 83605 WITNESSETH: WHEREAS, DEVELOPER does not presently own the land but is in the process of purchasing the property; the owner is Roger C. Crandlemire, who has submitted written consent to enter into this Development Agreement for a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and . WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development agreements upon the annexation and rezoning of land; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and has requested zoning of General Retail and Service Commercial (~ with a conditional use permit to allow construction of a D&B Supply Store and has submitted a site plan for same which has been recommended for approval by the Meridian Planning and Zoning Commission to the Meridian City Council; and WHEREAS, the DEVELOPER made some representations at the public hearings before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request, and DEVELOPER submitted a proposed Development Agreement; and WHEREAS, the DEVELOPER has made request to the CITY to have the same annexed to said CITY and requested a Conditional Use Permit for the development of a D&B Supply Store, and has submitted to the CITY site plans as to how the property might be platted, landscaped, bermed, lighted, access provided, and elevations, which, have been approved for D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 1 • annexation by the CITY and as part of the annexation the CITY adopted and approved Findings of Fact and Conclusions of Law, which are incorporated herein as if set forth in full; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A" a. Develop and construct a D&B Supply Store under a conditional use permit and that all uses on the remaining land will be developed under a conditional use permit process. b. Submit to the CITY an application for a conditional use, and obtain the CITY's approval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements on the property, intended for retail use or other uses, of which the DEVELOPER has submitted such conditional use for the D&B Supply Store. 3. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property, utilities, pressurized irrigation facilities, tiling and piping of irrigation ditches, fire hydrants, extension of sewer and water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing, barricades, and other such improvements contemplated within the development, which Plans, and all improvements shown thereon, shall meet the approval of the City Engineer. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference. 4. That DEVELOPER will, at its own expense, construct and install all sanitary sewers, storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants, sidewalks, curbs and gutters, pressurized irrigation system, tiling and piping of irrigation ditches, electrical transmission lines, natural gas lines, D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 2 • telephone lines, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. 5. That DEVELOPER will construct and install all such improvements in strict accordance with filed and approved Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications andlor construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 7. That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, tiled and piped irrigation ditches, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The corrected Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, piped and tiled irrigation ditches, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 8. That DEVELOPER shall, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 9. That DEVELOPER agrees, upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 3 • • improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed fmding. 10. That DEVELOPER agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 11. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, within ten (10) days written notice to DEVELOPER, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, may foreclose any security posted as allowed under Paragraph 9. above, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 12. The CITY shall also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such prior to issuance of a Certificate of Occupancy. 13. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 4 • size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform .the work. 14. That DEVELOPER agrees that no ('.errificate. of OccuF cv will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occup cv shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 15. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof. 16. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: DEVELOPER: City Engineer Schrandt_Fami1X PartnershiF City of Meridian X303 East Linden 33 East Idaho Caldwel ~,ID 3605 Meridian, ID 83642 nick Schrandt. General Partner A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this Section. The parries may at any time hereafter modify or amend this Agreement by a D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 5 • • subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 17. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 18. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 19. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 20. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, the Ordinances of the CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. DATED the date, month and year first appearing. DEVELOPER: SCuu Atvn'r FAMTT.Y PARTNERSHIP By Dick Schrandt, General Partner CITY OF MERIDIAN Rv Grant P. Kingsford, Mayor Rv William G. Berg, Jr., City Clerk D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 6 • • STATE OF IDAHO ) County of Ada ss. On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dick Schrandt, known, or proved to me, to be the general partner of the Schrandt Family Partnership and the partner who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) County of Ada Notary Public for Idaho Residing at: My Commission Expires: ss. On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: DBr.B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 7 w_ ~~ ~~_ y/ • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 93709 Project No. 94075 ExN18~T '~~„ ANNEXATION DESCRIPTION LOTS 8-17, PLEASANT VALLEY SUBDIVISION ]une 23, 1994 A portion of the North half of the NW 1 /4 of the NW 1 /4 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 5, 6, 7, and 8, T.3N., R.1 E., B.M., thence South 89°58'57" East, 1037.97 feet along the North boundary of said Section 8 to a point; thence South 00°23'22" West and along the Easterly boundary of Lot 8 of Pleasant Valley Subdivision, as same is recorded in Book 12 of Plats, at Page 665, records of Ada County, Idaho, a distance of 455.00 feet to a point in the center of Wilson Lane; thence along the center of Wilson Lane North 89°58'56" West, 1038.44 feet to a point on the West boundary of said Section 8 and the center of Locust Grove Road; thence along said West boundary North 00°26'54" East, 455.00 feet to the point of beginning. Containing 10.84 acres, more or less. Prepared by: RUBBLE ENG~#~RING, INC. ~1 " ~ ~ +o ~- ~43~ a ~,6-z3~ ~' F 0 F ~~ •r -~ ,~.~ v ''+~~~^~' ~ GJ 2081322-8992 ^ Fax 2081378.0329 DTP/mf/584.des D. Terry Peugh, P.L.S. EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND SCHRANDT FAMILY PARTNERSHIP 1. DEVELOPER shall develop the property described in Exhibit "A" under the Conditional Use Permit process of the City of Meridian. 2. DEVELOPER acknowledges and agrees that it will be required to submit to the CITY an application for Conditional Use pursuant to §11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereof, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Subject Property intended for retail use or other uses, it being acknowledged that DEVELOPER has submitted an application for a Conditional Use Permit for the D&B Supply Store, which application has been approved subject to the execution of this Development Agreement and the annexation of the Subject Properly. 3. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter "ACHD"), Central District Health Department and the Nampa- Meridian Irrigation District. 4. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to Conditional Use Applications filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following, it being acknowledged that the performance by DEVELOPER of the following obligations which involve construction on or alteration of the Subject Property will be performed and completed by DEVELOPER at such time as the portion(s) of the Subject Property upon which construction or alteration is located is developed by DEVELOPER, unless otherwise provided hereafter: a. Berming -Fairview Avenue. Construct a berm within the Subject Property along the full length of the Subject Property adjacent to the south right-of-way line of Fairview Avenue ("Fairview Avenue Berm"). The Fairview Avenue Berm shall be a minimum of twenty-five feet (25') in width and will range in height above the grade of the adjacent parking area from two feet (2') to four feet (4'). The Fairview Avenue Berm will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY as part of a Conditional Use Application for any development proposed by DEVELOPER. EXHIBIT "B" D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 1 of 4 • way from the centerline of Locust Grove Road, or such additional right-of-way as is required by ACRD at the time of development. h. pedication of Additional R t-of-w -Comer of Fairview Avenue and Locust Grove Road. Dedicate an appropriate curve or triangle as required by ACHD at the time of development of land at the comer of Fairview Avenue and Locust Grove Road to keep the street improvements within the public right of-way. i. Landscanina. Provide landscaping in accordance with an approved landscape plan and the Ordinances of the City of Meridian, and specifically including landscaped islands within the parking area at maximum one-hundred-fifty-foot (150') intervals and screening landscaping along the southern boundary of the property as shown on approved site plans. j. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of any subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. k. Plan ~ royals. Timely submit and obtain the required approval by the City of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of the Subject Property. 1. C~ fiance with ACHD Conditions of A~nroval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACRD of the annexation and zoning of the Subject Properly, as set forth in the ACHD Staff Report, or as may be required by ACHD with respect to the approval by ACHD of the Conditional Use Applications to be filed by DEVELOPER. m. Canals Ditches and Waterways. Tile all canals, ditches and other waterways which are to be preserved and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. n. Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. o. Landscaping -General. Construct and install all landscaped areas, as shown on plans to be submitted and approved by the CITY, with sod and pressurized irrigation system, except as otherwise expressly noted on said approved plans. All shrubs and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY in EXHIBIT "B" D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 3 of 4 • • connection with a specific Conditional Use Permit issued by the CITY with respect to the development of the Subject Property. p. Screening. All outdoor storage of equipment and materials shall be adequately screened with alight-obscuring fence as approved by the City of Meridian. q. j`gg. All lighting shall be designed to prevent glare from spilling over to adjacent residential property. r. protection of Adiacent Propg,~y During Construction. The DEVELOPER shall prevent all construction debris from migrating to adjacent properties during construction; if the CITY determines that this section of the Agreement is not being met, the CITY shall order the DEVELOPER to erect a temporary or permanent fence within ten (10) days of written notification to the DEVELOPER to contain construction debris. s. Payment of Impact. Fees. Pay, in accordance with an ordinance of the City of Meridian in effect at the time of the application by DEVELOPER for a building permit, impact fees, transfer fees (if applicable), development fees, or similar fees or assessments which may be imposed upon, or by reason of, the development of the Subject Property, based on the uses to be developed on the Subject Property. DEVELOPER acknowledges that at the date of this Agreement, the CITY does not have in force and effect an ordinance. requiring the payment of such fees, but has under consideration such an ordinance. DEVELOPER waives the right, if any, to object to the imposition of such fees on the grounds that the Subject Property was annexed and zoned prior to the adoption of such an ordinance. EXHIBIT "B" D&B SUPPLY - SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 4 of 4 • ~`:~ >; ~.> ~--,~ -; ~~^ -- `~ ~_ DEVELOPMENT AGREEMENT LJ ~".~~n~ ~~ ~°~ P ~' ~ ~ ~ ~'~~ , (emu ~ y THIS DEVELOPMENT AGREEMENT made the day of , 194 between NEB-I COMPANY, and CITY OF MERIDIAN, an Idaho Municipal Corporation ~' ~, ~J WITNESSETH: ~ ~~ ~t~ ~,~~~ WHEREAS, NEB-I Company does not own the land ;that the owner is Roger C. ~~ Crandlemire is the owner of the property ("Subject Propetty'~ ,see "Exhibit "A", and he has „ A ,~ ~,~y~" ~ consented to this agreement; ~ /r 19..E o~C j- Q~~;, WHEREAS, NEB-I has filed an application (NEB-I Application) with~% tt~ Ciiy requesting that the Subject Property be annexed into the city limits of City of Meridian, and requesting that the Subject Property be zoned General Retail and Service Commercial (C-G) under the applicable ordinances of the City; ~ WHEREAS, folio 'ng the annexation and z Wing of the Subject Properly by the City, NEB-I intends to develop the Subject Property for aCommercial/Retail Store (hereinafter "Retail ~~--~ Uses'? ,and other uses as may be allowed in a C-G zoning district as an allowed use or ti8 << conditional use (hereafter "Other Uses', the location of said uses being shown on the Site Plan "'~~' ~~ attached hereto as "Exhibit B" and made a part hereof; . / ,~ ~ WHEREAS, on September 6,1994, following public hearings held on the NEB-I ,(~ " pplic~y the Meridian Planning and Zoning Commission and the City Council of the City of Meridian, which public hearings were held pursuant to, and in accordance with, the Zoning Ordinance of the City of Meridian (hereafter "Zoning Ordinance"),the City Council of the City of Meridian made and entered findings of fact and conclusions of law ("Findings and Conclusions' with respect to the NEB-I Appl' ation, which Findings and Conclusions approve the annexation of the Subject Property into the'~y limits of the City of Meridian, and the zoning of the Subject Property as General Retail and Service Commercial (C-G), as the same~efined in "11-2-408(11) of the Zoning Ordinance, subject to NEB-I and the City entering into a Development Agreement as authorized by' 11-2-416(L) and "11-2-417(D) of the Zoning Ordinance; WHEREAS, NEB-I has agreed, and will be required, to submit to the City an application for Conditional Use pursuant to'11-2-418 of the Zoning Ordinance, and obtain the City's approval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements on the Subject Property intended for Retail Use, or Other Uses; WHEREAS, it is the purpose and intent of t~e Agreement to set forth the agreements of NEB-I and the City with respect to the annexation and zoning of the Subject Property, and the commitments of NEB-I with respect to the use and development of the Subject Property, which agreements and commitments will be binding upon NEB-I and its successors in title to the Subject Property; and ~~ • Page 2 • WHEREAS, it is the intent of NEB-I and the City to supplement this Agreement by written addenda to this Agreement, which addenda must be approved and signed by NEB-I and the City as a cond~ion of the approval by the City of a Conditional Use Permit requested by /. NEB-I prior to the use and development of the Subject Property for Retail Uses, or Other Uses, which addenda wil address, specifically, the terms, covenants and agreements of the parties ~~ with respect to the use and development covered by said Conditional Use Permit. NOW, THEREFORE, IN CONSIDERATION OF the mutual promises, agreements and undertakings of the parties, and for other good and valuable consideration, tl:-e exi nc~ and sufficiency of which is acknowledged, IT IS AGREED: ~ ~~~ ~~ ~- ,.~ ~ ,~ ~ ~ ~. ~.~ ~+ J 1. R cit .The foregoing recitals are~art of this A esrr~e~not mere recitals ~,.,,,~ ~',l~vt.. ~; 2. Annexation of Subject Pro e{~rty by Citv. The City agrees that, ' it shall timely complete all actions legally required to annex the ~--. Subject Pro ert~, and the whole thereof, into the city limits of the City of Meridian, Idaho. ~,~,pr~f~.~-~ 7`i 3. oning of Subject Property. The City agrees that ' it shall timely complete all actions legally required to zone the Subject Property, and the whole thereof, as General Retail and Service Commercial (C-G), as the same feu defined in *11-2-408(11) of the Zoning Ordinance 4. Comprehensive Plan. NEB-I agrees that the Comprehensive Plan of the City of Meridian, approved and adopted by the City on January 4,1994, is, and shall be, applicable to the Subject Property, and the development thereof. 5. Planned Commercial Development. NEB-I agrees that the Retail Uses (and all other development on the Subject Property) shall be developed as a Planned Commercial ~~- , Development pursuant to'11-9-607 of the Development Ordinance..tw~l,~,~.l~~ i2"'~'~ 6. Conditional Use Permits. NEB-I acknowledges and agrees that it will be required to submit to the City an application for Conditional Use pursuant to "11-2-418 of the Zoning Ordinance, and obtain the City's appro~al teof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements on the Subject Property intended for Retail Use or Other Uses, it being acknowledged and agreed that NEB-I has submitted an application for a Conditional Use Permit for the D8~B Supply Store. 7. Com ianc R uiremen In the development of the Subject Property, NEB-I agrees to comply with the requirements of the Meridian Police Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter ACHD), Central District Health Department, and the Nampa & Meridian Irrigation District, as set forth in the comments attached, or to be attached hereto as "Exhibit C" and made a part hereof. • • Page 3 8. Development Covenants- General. NEB-I covenants and agrees that in connection with the development of the Subject Property as may be approved by the City pursuant to Conditional Use Applications filed by NEB-I, NEB-I shall, at its cost and expense, do and pertorm ~r the following, it being acknowledged that the performance by NEB-I of the following obligations ~~,r'n.C which involve construction on or alteration of the Subject Property, will be performed and completed by NEB-I at such times as the portion(s) of the subject Property upon which~c~ ~ ,~ ~~~~ construction or alteration is located is developed by NEB-I unless othetv~is~provrcted t~~a v , {J ,,p, (a) Berming -Fairview Avenue. Construct a berm within~Fi~Sct`Property along the full length of the developed Subject Property adjacent to the southt-of-way line of S Fairview Avenue ("Fairview Avenue Berm'. The Fairview Avenue Berm shall be a minimum of 3 Twenty-Five Feet (25') in width and will range in height above the grade of the adjacent parking area from finro feet (2') to four feet (47. The Fairview Avenue Berm ~nnll be extended mto the Subject Property a minimum of forty feet (40~ from the property line on each side of the entrances to the Subject Property off Fairview Avenue. The Fairview Avenue Berm, including the entrance extensions, will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by and approved by the City as apart of a Conditional Use Application proposed by NEB-I. (b) Berming -Locust Grove Road. Construct a berm within the Subject Property along the full length of the Subject Property adjacent to the east right-of--way line of Locust Grove Road ("Locust Grove Berm") as such abuts the portion of the Subject Property to be developed for Retail Uses. The Locust Grove Berm shall be a minimum of Fifteen feet (15~ in width and will ~~ range in height above grade of the j ent parking area from two feet (2~ to four feet (4~. The Locust Grove Berm will be extende nito he Subject Property a minimum of Thirty feet (30') from the property line on each side a entrances to the Subject Property off Locust Grove Road. The Locust Grove Berm, including the entrance extensions, will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by NEB-I an approved by the City as a part of a Conditional Use Application for the adjacent C-G Uses proposed by NEB-I, , and shall be constructed and installed prior to the opening for business of the C-G Uses on the ~ Subject Property. 9 (c) Curb. Gutter and Sidewalk -Fairview Avenue. At the time of the construction of P~x,~p the initial building constructed on the Subject Property for a Retail Use, construct curb, gutter, a Five foot (5.0') concrete sidewalk and match paving in the public right-of-way of Fairview Avenue „~, along the developed length of Subject Property adjacent to the north boundary of the Subject 1r'~'~"~ a~ Property (Fairview Avenue CG&S). The Fairview Avenue CG&S shall be constructed in accordance with the standards and specifications of Ada County Highway District (hereafter (~,v" ~ "ACRD") in effect at the time of construction. Rursuant to the a~* rn~.a~ rn ha grantatf to NFR_I by - G'w "^ .r., ~or.,ants excludi 'dew "'"° °" -~p,-7C~~~~4E~-~V - L~'-~y (d) Curb. Gutter and Sidewalk -Locust Grove Road. At the time of the construction q~~(/Lt~ on lots 14-17 Pleasant Valley Subdivision, for a CG zoned use, construct curb, gutter, and a five Gp~~r~i~r.E foot (5.0') sidewalk and match paving in the public right-of-way of Locust Grove Road along the ~ w /~ I ' • • Page 4 Subject Property adjacent to the west boundary of that portion of the Subject property which will be developed for CG Uses (Locust Grove CG&S'7. The Locust Grove CG&S shall be constructed in accordance with the standards with the standards and specificationsCHD in effect at the time of construction. . .. <.~ ~° ~~ v (e) Ded c n Add a -O-W - Fairvie Ave ~ edkate that land required and adjacent to the existing south right-of--way line of Fairview Avenge required to meet ACHD's requirement for afifty-seven foot (57.0') right-of-way from the center line of Fairview Avenue. ht of-w ted. (f) Dedication of Additional R-O-W -Locust Grove Road. Dedicate twenty feet (20.07 of land adjacent to the existing east right-of-way line of Locust Grove Road required to meet ACHD's requirement for aforty-five (45.07 right -of--way from the center line of Locust Grove Road. , - -way from 'able im act fee re (g) Alignment of Entrances - CG Uses. Align the entrances to the CG zone Uses from Locust Grove Road to minimize to the extent possible the impacts of automobiles entering and exiting the portion of the Subject Property developed for CG Uses. (h) Subdivision plat(s). If required by the Development Ordinance, NEB-I shall timely prepare, submit, and obtain the required approval by the City of a subdivision plat for the Subject Property, said plat(s) to be in conformity with the requirements of the Development Ordinance. (~ Plan Approvals. Timely submit and obtain the required approval by the City of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of the Subject Property Q) Traffic Studv(sl Provide to the City and ACHD a traffic impact study prepared by a recognized traffic engineer within 30 days of Conditional Use Application filing by NEB-I for the Retail Store. The traffic impact study will be updated at the time the Conditional Use Application is filed by NEB-I for the Other Uses and/or any expansion of the Retail Uses. (k) Compliance with ACRD Conditions of Ap rp oval. In the development of the 'Subject Property, comply with the terms and conditions of the approval by ACRD of the annexation and zoning of the Subject Property, as set forth in the ACRD Staff Report, or as may be required by ACHD with respect to the approval by ACRD of the Conditional Use Applications to be filed by NEB-I. -' -~l ,~,,~u- II • . Page 5 (I) Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridia~All~ter and sewer facilities constructed or installed by NEB-I on the Subject Property shill b~ ac~rdance with plans and specifications therefor which shall be first approved by the C'i~~ ~~ (m) Landscaping -General. Construct and install all sed areas, as shown on ` the plans to be submitted and approved by the City, with sod ands nkler irrigation system, - except as otherwise expressly noted on said approved plans. All shrubs and trees planted on the ~ Subject Property will comply with the City's landscape requirements, unless othervvise expressly approved by the City in connection with a specific Conditional Use Permit issued by the City with respect to the development of the Subject Property. (n) Payment of Impact Fees. Pay, in accordance with an ordinance of the City of Meridian ' - , impact fees, transfer fees (if applicable), development fees, or similar fees or assessments which may be imposed upon, or by reason of, the development of the Subject Property, based on the uses to be developed on the Subject Property. NEB-I acknowledges that at the date of this Agreement, the City does not have in force and effect an ordinance requiring the payment of such fees, but has under consideration such an ordinance. NEB-I waives the right, if any, to object to the imposition of such fees on the grounds that the Subject Properly was annexed and zoned prior to the adoption of such an ordinance. 9. RemedYfor Breach. It is agreed that, if NEB-I breaches the terms and covenants of this Agreement, the City shall have the right to de-annex the Subject Property from the City limits of the City of Meridian, said remedy to be in addition to all other remedies allowed by law or equity, including the remedy of specific performance. - , the dama 10. Notices. Any Notice to be given under and pursuant to the terms of this Agreement shall be deemed delivered if and when personally delivered or deposited in the Unites States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: In the case of City of Meridian: City of Meridian 33 East Idaho Meridian, Idaho 83642 With a copy to: Wayne G. Crookston,Jr. Ambrose F'~tzgerald & Crookston P.O. Box 427 Meridian, Idaho 83680 Attention: Planning Director • • Page 6 In the case of NEB-I: Mr. Dick Schrandt ? ~ \\ D&B Supply `; ~7 VV 3303 E. Linden ~~ ~ \ ~ v Caldwell, Idaho 83605 ~ `\~\ V v" A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this Section. 11. Construction. All parties hereto have either (~ been represented by separate legal counsel, or n have had the opportunity to be so represented. Thus, in all cases the language herein shall be construed simply and in accordance with its fair meaning and not strictly for or against a party, regardless of which party prepared or caused the preparation of this Agreement. 12. Attorney's Fees. In the event a party defaults in the performance of the obligations required of that party under the terms of this Agreement, the non-defaulting party(s) shall be entitled to be reimbursed all attorneys' fees incurred in connection with such default, whether or not suitor action be filed, and if a suit or action is filed to interpret or enforce this Agreement, such attorney's fees and costs , in addition to costs and disbursements allowed by law shall include those incurred with respect to an appeal. ~ D 13. Modification. The parities may at any time hereafter modify of amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parities hereto. Nothing herein is intended, nor shall it be construed, as obl'~gation a party to agree to any modification to this Agreement. 14. Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 15. Severabilifir. If any provision of this Agreement is held to be invalid, illegal, unconscionable or unenforceable in any respect, such shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, unconscionable or unenforceable provision had never been included herein, all other terms and provisions remaining effective and in force to the fullest extent permitted by law. 16. Waiver. The failure of a party to insist, in any one or more instances, upon strict performance of any term, covenant or condition of this Agreement or in any instrument or document referred to herein or contemplated hereby, or to exercise any option contained herein, shall not be construed as a waiver, or a relinquishment for the future, of such term, covenant, condition, or option, but the same shall remain and continue in full force and effect. 17. Succession. This Agreement shall inure to and shall bind the respective heirs, personal representatives, successors and assigns of the parties. • Page 7 • 18. Time is of the Essence. Time is of the essence in this Agreemen_ \\v 19. Recordation. This Development Agreement shall be record"' ~ the official ~,, ~ records of Ada County, Idaho. ~\~ ntire A reement. This Agreement represen entire a r en the parties concerning hereof. All previou ents, written or oral, between the parties are hereby merged i ee erseded, and said prior agreements shall be or orce or effect. Any modfication to this Agr shall not be enforc ss in a writing signed by the parties. IN WITNESS WHEREOF the parties have hereunto executed this Agreement the day and year first above written NEB-I COMPANY BY CITY OF MERIDIAN BY Title: • • EXHIBIT LIST - ? ,- ,~ -, "~~ . ~\' 1. EXHIBIT A -DESCRIPTION OF PROPERTY ', ~\~\~ ~\ v~ t 2. EXHIBIT B -SITE PLAN 3. EXHIBIT C -DEVELOPMENT REQUIREMENTS- AGENCY COMMENTS ~ ~