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Playground Sports & Rec Park (The) CUP,,~ °0011028 _ ~..~K DEVELOPMENT AGREEMENT `'. "'~ , : _' `' "'~ `'' ,' `~'' sc,s~ 1~ THIS AGREEMENT made and en -~~ ~~~ tered into this 13th day of Octt~r~ ~1~94~ by~d : 21 between the CITY OF MERIDIAN, a municipal corporation of the State oftlxi~~~y-of_ first part, hereinafter called the "City", and THE PLAYGROUND, INC., an Idaho corporation, party of the second part, hereinafter called the "Developer", whose address is 4098 North Jullion, Boise, Idaho 83704. WITNESSETH: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A', which is attached hereto and by this referenced 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 development ordinance 11-2-417D, 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 C-G; and WHEREAS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVELOPMENT AGREEMENT-1 MM&C 1571.02 10/07/94 ~-. 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 WHEREAS, the Developer, as sole owner of the land, has made request to the City to have the land annexed to the City and, as part of the annexation proceedings, the City has adopted and approved Finds of Fact and Conclusions of Law; and WHEREAS, the Finds 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. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That Developer will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property from Overland Road, utilities, pressurized irrigation facilities, fire hydrants, extension of sewer lines to and along the exterior boundary of such property, tiling and extension of water through the Hunter Lateral, extension of domestic water to the DEVELOPMENT AGREEMENT - 2 MM&C 1571.02 10/07/94 ~ ~ easternmost boundary of the property in phases unless development occurs to the east (in which case service will be provided immediately), drainage, and other similar signage and 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 are incorporated herein and made a part hereof by reference. 3. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, .water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurized irrigation system, the the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in strict accordance with the 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 Developer and the City. 5. That Developer will provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 6. 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 DEVELOPMENT AGREEMENT - 3 MM&C 1571.02 10/07/94 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, and pressurized imgation lines and their individual service lines, the 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, gas lines, electricity lines, storm drain lines, 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. 7. That Developer shall, immediately upon 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. 8. 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 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 DEVELOPMENT AGREEMENT-4 MM&C 1571.02 10/07/94 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 fmding 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 .finding. 9. That Developer agrees ,that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been timely 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 by law and equity. 10. .Developer agrees that, in the event any of the improvements or payments required herein are not timely installed or paid, 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 or unpaid balance to be immediately due and payable and may seek to collect such DEVELOPMENT AGREEMENT-5 MM&C 1571.02 10/07/94 .-~ sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of any 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. 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 finding. 11. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, the for Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and berming. In the event of Developer's failure to complete such installation, the City may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the Developer, the City will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The City shall also execute and deliver a partial release of the lien created herein for the installation of curbs and gutters upon Developer's deposit of monies required by the Ada County Highway District into the Public Rights-of--Way Trust Fund. DEVELOPMENT AGREEMENT - 6 MM&C 1571.02 10/07/94 The City further agrees that, upon request of Developer, the City will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to Developer for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The City may also require .surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606C 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, if required by the City. 12. 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 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 impractability or impossibility of constructing such excess capacity and/or improvements DEVELOPMENT AGREEMENT-7 MM&C 1571.02 10/07/94 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 comer agreement to reimburse Developer for a portion of the costs for 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 enter into a late comers agreement. The City's obligation to enter into a late comers agreement to help Developer 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. 13. That Developer agrees that no Certificates of Occupancy will be issued until all improvements, other than curbs and gutters, are completed and monies have been deposited in the Public Rights-of--Way Trust Fund for completion of curbs and gutters, 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 Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or, if required, monies have not been deposited in the Public Rights-of--Way Trust Fund for their completion. 14. .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. DEVELOPMENT AGREEMENT-8 MM&C 1571.02 10/07/94 .~ 15. That Developer agrees that any notice required by this Agreement shall be given at the following address: City of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Developer: The Playground, Inc. . 4098 North Jullion Way Boise, Idaho 83704 16. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's Office. 17. 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. 18. This Agreement shall become valid and binding only upon its approval by the City council and execution by the Mayor and City Clerk. 19. 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 its assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. Dated the date, month and year first appearing. CITY DEVELOPER By; P J~~ B r _^ y: U-Gt-r/ Grant P. Kingsford, M or President ~. .. .. ~urrurrrrrrrf~ By: William G. Berg, Jr., (rbn\1571.02\agmts\develop.b3) DEVELOPMENT AGREEMENT - 9 MM&C 1571.02 10/07/94 ~, till ~i ~.. ~o 14is~=3 .9 ~~Vr ~~~~ ~ % f1 ~`~ ~' 15C ", ~ ~ ,,' ~~rr~rti~~~ r~~tt~~~~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~~ day of ~J1~Q~_~ 1994, before me, the undersigned, a Notary , Public in and for said State, personally appeared ~` i1.1~O~ -~tntl ~_, known, or proved to me, to the President and Secretary of The Playground, Inc. that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. a~~ Notary Public Residing at ~ /~ My commission expires _ / .a o~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this /~j day of ~Pr _, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Grant P. Kin sford and William G Ber Jr. known, or proved to me, to the Mayor and City Clerk of 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 such corporation 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. ~ 4v ~ ~~` _ ~ ~ n r7 .e• J ~ V t~ ~ 7 .^e 6~,~ a , 'f s ~ ~ ... 4i', n. ', m `,' oa o`se~~ ~~'.'Rq.. ter. ~ ,~o `A~ s _.:.~ ;!ate .... ; ~' > DEVELOPMENT AGREEMENT `'~(~1~~'B~~'a'~-~E;i.'a~3''v MM&C 1571.02 10/07/94 /~_~_ at did . ,` _ nission expires Q DCHIBIT "A" ~ parcel of land being a portion of the SW ~ SW ~ of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.1E., B.M., Ada County, Idaho,. said point being the REAL POINT OF BEGINNING; thence, N.0°0007"E. 462.55 feet along the west line of said SW ~ of Section 17; thence, N.89°3658"E. 893.00 feet; thence N.0°0323"W. 585.36 feet to a point of curve on the south right-of-way of I-84; thence along a curve to the left 435.18 feet, said curve having a delta of 2 °34 ~ 53", a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N.87°4404"E. to a point of ending of curve; thence leaving said right-of-way, S.0°0323"E. 1062.19 feet along the east line of said SW SW 4 to the SE corner of said SW ; SW 4 of Section 17; thence, 5.89°3658"W. 1328.30 feet to the REAL POINT OF BEGINNING. n EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN IDAHO AND THE PLAYGROUND INC. This development includes the following: 1. A recreational vehicle park, campground, and facility for tents and travel vehicles containing not more than one hundred twenty (120) spaces for parking of travel trailers, motor homes, campers,. and similar travel vehicles. 2. A golf and driving range and facilities for golf, including putting greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Other similar sports park facilities or sports training facilities such as batting areas, and practice play areas for tennis, soccer and other outdoor or field sports. 4. A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park or recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment storage sheds, other support or maintenance buildings, and other buildings necessary for operating facilities to be constructed on the land. Developer shall: Tile the Hunter Lateral prior to receiving a Certificate of Occupancy for Phase II of the development, or March 1995, whichever occurs first. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Water line extension must be through the Hunter Lateral prior to obtaining a building permit. Water line extension to the easternmost boundary of property must be completed by fall 1995 or when .development of adjacent property occurs, whichever is earliest. 3. Construct paved streets within the property. 4. Dedicate the necessary land from the centerlines of Locust Grove Road and Overland Road for public right-of--way; construct sidewalks and deposit amounts required by Ada County Highway District into the Public Rights-of--Way Trust Fund for the construction of curbs and gutters along Overland and Locust Grove Roads. ~-. ~ 5. Pay any development fee or transfer fee adopted by the City. 6. Meet the requirements and conditions of the Findings of -Fact and Conclusions of Law and meet the Ordinances of the City. 7. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate .irrigation district/canal company and downstream water users prior to application for an occupancy permit for Phases II or III. 8. Provide landscaping as depicted on approved plans prior to obtaining a Certificate of Occupancy. Failure to provide and maintain landscaping may result in revocation of Certificate of Occupancy. 9. Construct, pave and stripe all parking areas and walkways in accordance with City standards, including requirements of Americans with Disabilities (ADA). 10. Design buildings to be accessible to the handicapped in accordance with ADA. .; MERIDIAN CITY COUNCIL MEETING: August 16.1994 APPLICANT:_RED CANYON CORPORATION AGENDA ITEM NUMBER: 23 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT AGENCY 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE RE: RED CANYON CORPORATION (Drennan Medical Building -CUP) I have reviewed this submittal and have the following comments: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Atlmimstratc- JIM JOHNSON Chairman -Planning & Zo^-~.~~c July 11, 1994 1. Parkin: Ordinance requirements at one space per 400 squaze feet of gross floor area for professional offices. Retail store at one space per 200 squaze feet. Number of spaces = 5400 square feet - 200 = 27 for retail. The plan submitted appeazs to show 26 spaces plus + 6 garage spaces. If all of the floor azea is retail the spaces provided appeaz to be adequate. 2. Sewer and water reassessments will be made if this CUP is approved to reflect existing or projected use of water. HUB OF TREASURE VALLEY 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) 887-2211 GRANT P. KINGSFORD Mayor 3. Landscaping, lighting, etc. shall be in accord with ordinance requirements. /'`~ ~ ` ' HUB OF TREASURE VALLEY _ OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk n CITY OF MERIDIAN MAX YERRINGTON ROBERT 0. CORRIE ear GARY D. SM THS P.EyC ty Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARt STILES JOHN T. SHAWCROFT, waste water supt. Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Pl 'ng & Zoning Com fission, Mayor and Council ~ ~ (, ! FROM: Sari L. Stiles, Planet g & Zoning Administrator DATE: July 12, 1994 SUBJECT: Conditional Use Permit for Red Canyon Corporation -Old Meridian Medical Building This request for a Conditional Use Permit is consistent with the goals of the Comprehensive Plan. The office portion of the building has been vacant for some time and has fallen into disrepair. Sidewalks are uneven and deteriorated, with improvements needed on the north and west sides of the property. ACRD will allow diagonal parking along Pine Avenue as long as a license agreement with the District is entered into so parking may be removed when Pine Avenue is widened. Landscaping also needs to be provided in accordance with City Ordinance. I recommend approval of this Conditional Use Permit subject to compliance with staff and agency requirements. /"~ ~"\ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LLOYD GERBER RED CANYON CORPORATION CONDITIONAL USE PERMIT EAST 2ND STREET AND PINE STREET (OLD MERIDIAN MEDICAL) MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 12, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 12, 1994, the first publication of which was fifteen (15~) days prior to said hearing; that the matter was duly considered at the July 12, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 1 RED CANYON CORPORATION ~ ~ r 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for professional offices and record storage which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 10. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. 6. That there are properties across E. 2nd Street which are used for commercial purposes; that the Masonic Lodge is to the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 2 RED CANYON CORPORATION south; that there is an application to use the property kitty- corner to the subject property for offices. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That the City Engineer, City Planning Director, Central District Health Department, Fire Department, and Ada County Highway District have submitted comments and they are incorporated herein as if set forth in full herein. 10. That City Engineer, Gary D. Smith commented to the parking and the ordinance requirements of one space per 400 square feet of gross floor area for professional offices and one space per 200 square feet for retail; that the plan submitted appears to show 26 spaces plus six (6) garage spaces; that if the floor area is retail, the spaces provided appear to be adequate; that landscaping and lighting, etc. shall be in accord with ordinance requirements; that sewer and water reassessments will be made to reflect existing or projected use of water. 11. That City Planning Director, Shari Stiles commented the conditional use permit is consistent with the goals of the Comprehensive Plan; that the sidewalks are deteriorated; that improvements are needed on the north and west sides of the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 3 RED CANYON CORPORATION r"~ ~- ; property; that ACHD will allow diagonal parking along Pine Avenue as long as a license agreement with the District is entered into so parking may be removed when Pine Avenue is widened. 12. That there was no testimony objecting to the application. 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 grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 4 RED CANYON CORPORATION /`~, those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would.~in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of. traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural- or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 5 RED CANYON CORPORATION /"'t 5. That the comments of the City Engineer and Ada County Highway District must be met and complied with. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission 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_ 4~~ VOTED_ ~~~ VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 6 RED CANYON CORPORATION MOTION: APPROVED : ~~~'= DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 7 RED CANYON CORPORATION ~, /"~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk S n CITY OF MERIDIAN P.E. City Eng ear GARY D. SM TH BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste water st,pt. KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney , Phone (208) 888433 • FAX (206) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KING3FORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORRO~N ~~RA~LES ~'"" dministra:cr {i~1 JIM JO NSON V ~ E~afQna~ting d Zon~nS C1~-`~ U~ ~Gntist~~'~ 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: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Old Meridian Medical BY: Red Canvon Connoration LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CIC WALT MORROW, CIC MAX YERRINGTON, CIC 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 REC TION(PRELIM ~ FINAL PLAT) CITY FILES '` OTHER: YOUR CONCISE REMAR ~ ~ 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" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 4"` ARI STILES q.rw ~ T"` i ~-. . ~~a/~''~~a+Me- oning Administra;er JIM JOHNSON J U~ 2 9 pg~a~n • Planning 8 Zoning GRANT P. KINGSFORD ~ [ y ~ ~' k ~ ~ ~ ; C~It ~r it ~~ I~Jt ~~~J'L~J'll a:l 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: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12194 REQUEST: Conditional Use Permit for Old Meridian Medical BY: Red Canyon Corporation LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) ` BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES i OTHER: yv ` ~ ~~ YOUR CONCISE REMARKS: e3 T% /+= ~ ~) c~ ,Q .- Mo t H~4 U'a ~ U /-D b ~.+~ ~.... u.; r 1't, ~/if S ~zrwa i' ~~ . ~ - ~ ~~~~ A Good Place to Live CITY OF MERIDIAN i-. CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT REVIEW SHEET r+. ~ ~. Environmental Health Division ~~'~~ ' ~ Return to: J ~! !. - ~ ids `~ Rezone # - Conditional Use # ~~ f`~~~'i/.~ ~ ,/`~~ /l/f"~ Preliminary !Final /Short Plat ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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 Health & 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 problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. 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 review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,~ 13. ~~ ~'3/~ Liz ~ ~S. Date: ~ I ~, l ~ Reviewed By: ~'~~ ~' CDHD 10/91 rcb. rev. II/93 ili ~- 1~~ 1~ TO: ACRD Commission =LATER-DEPARTMENT CORRESPONDENCE CUSE2PIN/DSTEC 7-6-99 DATE: June 30, 1994 FROM: Development Services SUBJECT: Meridian Conditional Use Office, Retail & Record Storag 834 East 2nd Street (Applicant - Red Canyon Corportation, 3420 Shadoe Hills Drive, Eagle ID 83616) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. Red Canyon Corporation is requesting conditional use approval to convert an existing commercial building for professional offices, retail and record storage. Four apartments are cur- rently in use and the applicant intends to continue that use. The site is located at the southeast corner of 2nd Street and Pine Street. 2. A similar proposal for this same site/building was approved by the Commission on May 4, 1994. 3. GENERAL INFORMATION: ACRES - 0.4 SQUARE FEET OF PROJECTED BUILDING - 5,400 ZONING - Commercial - OT ESTIMATED VEHICLE TRIPS PER DAY - Depends on specific uses. TRAFFIC ANALYSIS ZONE - 269 L.F. OF FRONTAGE ON Pine Street - 120-feet MOST RECENT TRAFFIC COUNTS - Date 9/14/93 Volume 1,413 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. Pine Street is improved with 50-feet of paving. There are existing ourb and sidewalk improvements along the frontage of the adjacent parcel to the east, and staff recommends that the improvements ~e continued along subject parcel frontage and cda c©unty ~ic~nway ~is~ric~ ^ 8 Eas* 37`h 5oise.:daho 837 ~ ~ none X2081 345-7680 ^ n 'Meridian CU ?age 2 _. ~nd 4 nine .ffice, zetail :~ Record Storage tie them into the existing street improvments along the E. 2nd Street frontage. L.F. OF FRONTAGE ON E. 2nd Street - 120-feet 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 - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. E. 2nd Street is improved with a 50-foot street section and sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 4. The ACRD Capital Improvement Plan indicates that Pine Avenue is not approved for use of Road Impact Fee funds to increase its capacity; however as an extension of existing improve- ments, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Pine Avenue and for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the addi- tional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accor- dance with Section 15 of ACRD Ordinance #188. 5. The alley abutting the south side of the parcel has 16-feet of right-of-way and is improved with paving. 6. The applicant proposes perpendicular parking on Pine Street. The District can accept a widening of the curb section to allow for diagonal parking along the Pine Avenue frontage as long as the applicant enters into a license agreement with the District so that the-parking may be removed at a later date whenever the District widens Pine Avenue. A similar parking arranc~ment was allowed along the frontage of the adjacent parcel to the east. 7. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on July 12, 1994. The .following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct curb, gutter, 5-foot sidewalk and match paving on Pine Street abutting parcel. Improvements shall be construct- ed to match the existing street section to the cast and then may be widened to allow for diagonal parking along the street ~ ^ _'er~dian CU _. :. 1 ~ ?ine 'ffice. :'.etaii ~ ~eccrd ~toracre =one ~~, ..94 roe Frontage. coordinate r_he design with District ^raific Servic- as staff. 2. Enter into a License Agreement with the District to allow for the proposed diagonal parking along Pine Street to remain until such time as the District needs that extra right-of-way width for future street widening. The diagonal parking will be required to be set back from Pine Street to prevent vehi- cles from backing into traffic lanes. Coordinate the stan- dards for the setbacks with District staff. Diagonal parking may be required to be removed by the District at any time. 3. Construct pedestrian ramps on the corner of Pine Street and E. 2nd Street in compliance with Idaho Code, Section 40-1335. 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. 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. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. 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. 5. Continue existing irrigation and drainage systems across par- cel. b. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of City 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- `~eridian CU ' ~ rune ~~, ~?94 ?acre ~. ~. & Pine office, Petai'~ Reccrd StoraaE ically for that use. ^_'here shall be no trees, Fences, bushes, sheds, or other valuable amenities placed in said easement. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. 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. 10. 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. 11. 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~(I _rp^OS .. ~ F' :-t I ..',JC"eCSt_ I _. .~~e._.-.onL -_. ,~ i j ..,., i~~ v~ ~u ~ ~'~ _ ~ ~ - - - - - - ~. ~ ~ ~ I 1 ._ - _ -- - - ' - -_ -- I - _ -. _ , . _ .. _ ... I ~ ~ ~ .. .... - .. .. _ i .. - ~ ... 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That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 12, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 1 RED CANYON CORPORATION /'~ 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. 3. That the property is. zoned Old Town, which requires a conditional use permit for professional offices -and record storage which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 10. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. 6. That there are properties across E. 2nd Street which are used for commercial purposes; that. the Masonic Lodge is to the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 2 RED CANYON CORPORATION n south; that there is an application to use the property kitty- corner to the subject property for offices. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That the City Engineer, City Planning Director, Central District Health Department, Fire Department, and Ada County Highway District have submitted comments and they are incorporated herein as if set forth in full herein. 10. That City Engineer, Gary D. Smith commented to the parking and the ordinance requirements of one space per 400 square feet of gross floor area for professional offices and one space per 200 square feet for retail; that the plan submitted appears to show 26 spaces plus six (6) garage spaces; that if the floor area is retail, the spaces provided appear to be adequate; that landscaping and lighting, etc. shall be in accord with ordinance requirements; that sewer and water reassessments will be made to reflect existing or projected use of water. 11. That City Planning Director, Shari Stiles commented the conditional use permit is consistent with the goals of the Comprehensive Plan; that the sidewalks are deteriorated; that improvements are needed on the north and west sides of the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 3 RED CANYON CORPORATION n property; that ACHD will allow diagonal parking along Pine Avenue as long as a license agreement with the District is entered into so parking may be removed. when Pine Avenue is widened. 12. That there was no testimony objecting to the application. 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 grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 4 RED CANYON CORPORATION those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 5 RED CANYON CORPORATION n 5. That the comments of the City Engineer and Ada County Highway District must be met and complied with. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 6 RED CANYON CORPORATION n MOTION: ~ a~ APPROVED: '~p DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE 7 RED CANYON CORPORATION n HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk A Good Place to Live JANICEL.GASS,CityTreasurer C GARY D. SMITH, P.E. City Engineer ITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water s~Dt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN ,IDAHO 83642 WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSF'ORD Mayor MEMORANDUM TO: Pl 'ng & Zoning Com 'ssion, Mayor and Council FROM: Sari S les, Planni & Zonin g g Administrator DATE: July 12, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning SUBJECT: Conditional Use Permit for Red Canyon Corporation -Old Meridian Medical Building This request for a Conditional Use Permit is consistent with the goals of the Comprehensive Plan. The office portion of the building has been vacant for some time and has fallen into disrepair. Sidewalks are uneven and deteriorated, with improvements needed on the north and west sides of the property. ACHD will allow diagonal parking along Pine Avenue as long as a license agreement with the District is entered into so parking may be removed when Pine Avenue is widened. Landscaping also needs to be provided in accordance with City Ordinance. I recommend approval of this Conditional Use Permit subject to compliance with staff and agency requirements. . i' i ~ ~ v/"~ ~~ENN J. RHODES. Presicent SHERRY R. HUBER, Vice President TAMES E. BRUCE, Secretary TO: RED CANYON CORPORATION 3420 SHADOE HILLS DRIVE EAGLE ID 83616 FROM: Larry Sale, S rvi Development i SUBJECT: MERIDIAN CU - 834 EAST 2ND STREET RECORD STORAGE n ~'~~.~~~ V~ i iP ~~ ~ 1~~i vrYw.u, ~~ ri ~ July 7, 1994 OFFICE, RETAIL & Your application .for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 6, 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 MERIDIAN CITY HALL ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 ~-~ i ~, ,~~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE CUSE2PIN/DSTECH 7-6-94 DATE: July 5, 1994 FROM: Development Services SUBJECT: Meridian Conditional Use 834 East 2nd Street (Applicant - Red Canyon Drive, Eagle ID 83616) FACTS & FINDINGS: Office, Retail & Record Storage Corportation, 3420 Shadoe Hills 1. Red Canyon Corporation is requesting conditional use approval to convert an existing commercial building for professional offices, retail and record storage. Four apartments are cur- rently in use and the applicant intends to continue that use. The site is located at the southeast corner of 2nd Street and Pine Street. 2. A similar proposal for this same site/building was approved by the Commission on May 4, 1994. 3. GENERAL INFORMATION: ACRES - 0.4 SQUARE FEET ZONING - Commercial - OT ESTIMATED VEHICLE TRIPS PER TRAFFIC ANALYSIS ZONE - 269 OF PROJECTED BUILDING - 5,400 DAY - Depends on specific uses. L.F. OF FRONTAGE ON Pine Street - 120-feet MOST RECENT TRAFFIC COUNTS - Date 9/14/93 Volume 1,413 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. Pine Street is improved with 48-feet of paving. There are existing curb and sidewalk improvements along the frontage of the adjacent parcel to the east, and staff recommends that the improvements be continued along subject parcel frontage and ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Meridian CU E. 2i. & Pine Office, Retail Record Storage Duly ~, i994 Page 3 frontage. Coordinate the design with District Traffic Servic- es staff. 2. Enter into a License Agreement with the District to allow for the proposed diagonal parking along Pine Street to remain until such time as the District needs that extra right-of-way width for future street widening. The diagonal parking will be required to be set back from Pine Street to prevent vehi- cles from backing into traffic lanes. Coordinate the stan- dards for the setbacks with District staff. Diagonal parking may be required to be removed by the District at any time. 3. Construct pedestrian ramps on the corner of Pine Street and E. 2nd Street in compliance with Idaho Code, Section 40-1335. 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. 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. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. 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. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of City of Meridian and shall retain all storm water on-site. 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Sa-OIOt:Ll9a c r~o•~ i norron571a~ I ~ ... c ... ~ SC1000ZL9Sa - ~~-sc~-----~ _- - -- ....- n n MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: JULY 12.1994 APPLICANT: RED CANYONE CORPORATION AGENDA ITEM NUMBER: 15 REQUEST:___ CONDITIONAL USE PERMIT FOR THE OLD MERIDIAN MEDICAL BUILDING AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HfGHWAY DISTRICT: SEE ATTACHEb COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: fUB 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) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE RE: RED CANYON CORPORATION (Drennan Medical Building -CUP) I have reviewed this submittal and have the following comments: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES. Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning July 11, 1994 1. Parkins: Ordinance requirements at one space per 400 square feet of gross floor area for professional offices. Retail store at one space per 200 squaze feet. Number of spaces = 5400 square feet _ 200 = 27 for retail. The plan submitted appears to show 26 spaces plus + 6 gazage spaces. If all of the floor area is retail the spaces provided appeaz to be adequate. 2. Sewer and water reassessments will be made if this CUP is approved to reflect existing or projected use of water. 3. Landscaping, lighting, etc. shall be in accord with ordinance requirements. n /'1 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., Clty Clerk S CITY OF MERIDIAN GARY D SM TH P.E. CNy Eng near BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water suet. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 BILL W.L. GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW LES ~~ t~i dmmistratcr JIM JO NSON E~tafi)na~ing & Zoning jU L LL ~~,`~` ~~ NdG'-113INt`~ 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: July 5, 1994 TRANSMITTAL DATE: 6120/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Old Meridian Medical BY:_ _Red Canvon Comoration LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 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 8t 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 ~ FINAL PLAT) BUREAU OF REC T10N(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMAR _ ~ n OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORRO~Y ~er~ ARISTILES ~~~~~e~ oningAdmmistrator JUG ~ ~ ,JIMJOHNSON ' n -Planning 8 ZoninS Cl~`'I~` ~~' t~i~yi~irii'~ 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: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Old Meridian Medical BY: Red Canvon Coraoration LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 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 ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATiON(PRELIM ~ FINAL PLAT) CITY FILES / OTHER: tv ` ~ ~~ ~ 7 YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN J~(~t~ - ~~uJ~rS CENTRAL •• DISTRICT pR'HEALTH DEPARTMENT n REVIEW SHEET "' FT M 1 Environmental Health Division ~~ ~~= .f %,l ~ - ~ f~~~ Rezone # Conditional Use # ~~ f`~~.~i/J G~4i•/ ~~ /C,~-~ Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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 Health & 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 problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I (. 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 review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,~ 13. ~D c~.3j~=L7 ~-.,/S" Date: ~ /~,/ - Reviewed By: ~` fDHD 10!91 rcb, rev. I I/93 ji: '- ~4~ ~~ n T0: ACHD Commission /'~ _NTER-DEPARTMENT CORRESPONDENCE CUSE2PIN/DSTEC 7-6-94 DATE: June 30, 1994 FROM: Development Services SUBJECT: Meridian Cony 834 East 2nd (Applicant - Drive, Eagle PRELIMINARY REPORT - NOT FACTS & FINDINGS: 3itional Use Office, Retail & Record Storag Street Red Canyon Corportation, 3420 Shadoe Hills ID 83616) .FINAL UNTIL APPROVED BY THE ACRD COMMISSION 1. Red Canyon Corporation is requesting conditional use approval to convert an existing commercial building for professional offices, retail and record storage. Four apartments are cur- rently in use and the applicant intends to continue that use. The site is located at the southeast corner of 2nd Street and Pine Street. 2. A similar proposal for this same site/building was approved by the Commission on May 4, 1994. 3. GENERAL INFORMATION: ACRES - 0.4 SQUARE FEET OF PROJECTED BUILDING - 5,400 ZONING - Commercial - OT ESTIMATED VEHICLE TRIPS PER DAY - Depends on specific uses. TRAFFIC ANALYSIS ZONE - 269 L.F. OF FRONTAGE ON Pine Street - 120-feet MOST RECENT TRAFFIC COUNTS - Date 9/14/93 Volume 1,413 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. Pine Street is improved with 50-feet of paving. There are existing curb and sidewalk improvements along the frontage of the adjacent parcel to the east, and staff recommends that the improvements be continued along subject parcel frontage and ada c®un~y ~i~~way ~iistric~ 1 & E~...~r 3?`h 3c~se, Idc~~c '.:371 G . = hone ~ ' ~8? 345 , ~ . :`er:dian CU _. '?: ~ ?ine office, retail ^ Reccrd Storage =::ne ~0, _994 aae .. frontage. ~~oordinate the design with District Traffic Servic- es staff. 2. Enter into a License Agreement with the District to allow for the proposed diagonal parking along Pine Street to remain until such time as the District needs that extra right-of-way width for future street widening. The diagonal parking will be required to be set back from Pine Street to prevent vehi- cles from backing into traffic lanes. Coordinate the stan- dards for the setbacks with District staff. Diagonal parking may be required to be removed by the District at any time. 3. Construct pedestrian ramps on the corner of Pine Street and E. 2nd Street in compliance with Idaho Code, Section 40-1335. 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. 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. 3. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. 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. 5. Continue existing irrigation and drainage systems across par- cel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of City of Meridian and shall retain all storm water on-site. 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STUART, Water Works Supt. 33 EA$T IDAHO Planner & Zoning Administrator JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief phone (208) 888433 • FAX (208) 887813 Chairman • Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney public Works/Building Department (208) 887-2211 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 8~ Zoning Commission, may we have your answer by: Jul 5 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Old Meridian Medical BY:_Red Canvon Corporation LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 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 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: F10"!£FFi n l l r, • .~ ~ PIONEER TITLE COMPANY OF ADA COUNTY i~ 821 +West State Street /Boise, Idaho 83702 (208) 336-6700 ' 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 .14f015 JB/SG REVIEWED & APPROVED BY: „ , ~• ,1. Dot°.'lu ~<;,`r: ,r BOISF: ID '9'i ~lflY l7 Pf9 3 Sfl FEE ~~ --- G:~ _..._ _ fiECOkG: G :u 'i •• .;EcUEST OF SPACE ABOVE FOR RECORDING DATA ~wc,~I.l?~C,124S~A4I05~701iL_~_~~_7Ar.~w31~t51~G~;u~,W%c,`~:y~.-.ss~:~su:co:su • ~ ~ ~ ~ ~ ~ WARRANTY DEED (INDIVIDUAL) ~,7U:1.F~7457•D2lC:?k121(i2 ~L+;LU`. FOR VALUE RECEIVED STANLEY L. DRENNAN and MARGUERITE R. DRENNAN, as Co-Trustees under Trust Agreement dated June 15, 1982 GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto RED CANYON CORPORATION, an Idaho corporatlon, GRANTEE(S), whost current address is: 3420 Shadow Hi1lsAdaive, Eagle, Idaho 836 County, Stateof Idaho, the following described real property in more particularly described as follows, to wit: Lots S, 6, 7, 8 and 10 in Block 7 of Meridian Townsite, according to the amended plat thereof, filed in Book 1 of Plats at Page 30, records of Ada County, Idaho, together with that portion of vacated Pine Avenue adjoining, as vacated by Instrument recorded February 20, 1922 under Instrument No. 98218, records of Ada County, Idaho. TO HAVE AND 1.O HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if arty) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which arc not yet due and payable, and that Grantor(s) will warrant and defend the same front all lawful claims whatsoever. Dated: May 16,' 1994 tati ~D nnan, Co-Trustee Marg rite R. Drennan, Co-Trustee ACKNOWLEDGMENT -Fiduciary/Ofiicisl 7~`` 1..` ~; v; ,' , ~' .. County of _ Art;, _ ---, ss. ~• STATE OF ~~ ~"' ~""'~ui , ,in the year of-14Q~.,before me ~~ •' 1 r ~~~ t'~ta~ o~ `' -~ ,a notary public ~~' On this Ja~tet~ . ~Blov'uh,s.''% ,. r~i I .~t:'a~ i=y L. Drennan and Marguerite R. llrennan personally appea ~ t - known ~oi• 'id>rntifed• to:me~tAbe the person whose name is subscribed executed the same as such ~ Co;Trus~•ees•,r%+-~r-=~-=--and acknowledged to me th ~h~ ~^; - (ttystee, stterifr, etc.) ; • 82 Co-Trustee~g under"trust'e agreement dated J e 15, ~_ Y (tntsta; strttjffi eic;).• Notary Public S Residing at: ise, Idaho S' ~:~ 9/ i 7/ 9 9 ~_-_--- -- Ivly Commission Expires _.,-~---- _. _. - _._. -- --- - --- EAL ESTATE MARKETING A PROFESSIONAL CROUP A PROFESSIONAL GROUP June 16, 1994 TO: City of Meridian ATTN: Sherry Stiles RE: Conditional Use Permit for 834 E. 2nd Street Please be advised that in accordance with State requirements, subject property shall be posted, advising the public of the Conditional Use Hearing scheduled for subject property. Subject poster shall be posted not later than one (1) week prior to subject hearing date. Respectfully s ~ted, i Sharron Commons Agent for Owner 298 N. 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CITY C~ j~:.~~~;{Aid ~2cusr~a & ~linidiact ~Ivugattaai ?>c~tuct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 8 December 1994 Michael and Sue Clarke 4098 North Jullion Boise, Idaho 83704 SENT VIA FAX TO 323-0717 Re: The Playground Dear Mr. and Mrs. Clarke: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The letter is to follow-up the letter of 6 December 1994 written by Assistant Water Superintendent, Bill Henson. - Your construction in the field and your installation of materials are not consistent with your plans as was revealed on 7 December 1994 when Bill Henson, Brad (your employee who was laying the pipe), and I did an on-site inspection. You are changing the flow line in the transition at the box at the invert of the pipe after the Hunter Lateral crosses Overland Road. The pipe is not being laid according to manufacture's recommenda- tions (grading, bedding, compaction, etc.) The pipe line is not being laid in a consistent grade line as it is being laid in the existing ditc~'`i bottom. This creates an up-and- down effect throughout and causes me great concern as to whether the pipe will ever carry the total flow. For load bearing reasons, a minimum of one foot of cover above the top of the pipe at grade with the surrounding land is required by Nampa & Meridian Irrigation District. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 8 December Michael and Page 2 1994 Sue Clarke I am concerned about the pipe line crossing through the grove of trees midway in your project. I feel that we are going to have maintenance problems caused by tree roots that will grow into the pipe and by the root systems that could cause the pipe to buckle and heave in the near future. This has been covered in the License Agreement if you would like to refer to Exhibit D paragraph C under special conditions. I feel that to remedy this situation, the pipe that you have laid will have to be completely removed from the ground. The surface on which the pipe is to be placed could then be graded in a manner so that the flow is not affected by the pipe line. Please contact me as soon as possible so that we ca matter resolved so that we will not have problems operations and maintenance of our facility and so that interrupt your development. I would be more than happy site at The Playground or here at the District's shop. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bi 1 Henson ity of Meridian J. J. Howard Engineering File n get this with the we do not to meet on i"~ MERIDIAN CITY COUNCIL M~ETING:__ October 18.1994 APPLICANT: THE PLAYGROUND AGENDA ITEM NUMBER: 14 REQUEST: DEVELOPMENT AGREEMENT A- G~-NCY 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: n I0~1 ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: October 13, 1994 Mr. Duant Whitman CITY OF MERIDIAN Re: The Playground, Inc. Dear Mr. Whitman: We understand that our payment of building permit fees and ACRD impact fees on this date in order to get our building permit is not a full satisfaction of amounts due to the City of Meridian (the "City"). It is our understanding that certain assessments and late-comers' fees still need to be computed by the City and prior to the issuance of water meters or certificates of occupancy, these late-comers' fees will need to be paid. Signed: ~,~Q, By: Sue Clarke Title: President of The Playground, Inc. (rlm\ 1571 \oon\wlritman.001) ~IGUICIIIQ11111 ~ ~er~ummings IEL~1-208-336-9712 Sep 26 94 15 57 No .015 F' . U2 ~~~.~~ ~~ 5 E P 2 6 ~99~+ CITY OF 1~l±RIDIAIV September 26, 1994 'VI '1' .T.El+'AX 1'XtANS1VIiS510N William Berg C:ily Clerk The City of Meridian Re: The Playground, Inc. Dear Mr. Berg: This letter serves as a formal request that the Cil.y Council approve a phased development pl~i» for The Playground, a combination R.V. Park and recreational facility. In order to present o~~r proposal 1'or your approval, we ask that you add this item to the agenda. of the next scheduled City Council meeting. ' The Playground is currently aone-phase development including the driving range, RV part; as well additional n:creation facilities to be built in tltc future. In order to continac ol~cr~ting our driving range, we have been advised that it is necessary to phase our dcvelopmeni so that we may acquire a temporary occupancy permit for our driving range. Our proposal is to develop The Playground in three phases. The first phase is comprised of the gull' driving range, a ticket booth and a parking lot that serves the driving range. At present, the driving range and ticket hoath are constructed and fully landscapccl in compliance with City requirements. At the date of this letter, the parking lot. still needs to be paved, but as of Tuesday, September 27, 1994, The Playgmund will have provided a letter of credit to guarantee completion of the pawing. Undoubtedly by the time the City Council reviews this aphlicatian, the paving will be complete. The second phase is gencrdlly the western half of the property as divided by the Hunter Lateral. At this point all that remains to he completed in the RV park is paving, landscaping, and constnaction of a building which will serve the RV facility. Additionally, Phase 2 includes tiling the Bunter Lateral and extending a l2" water line to the easternmost boundary of the proporty. Prior to any certificate of occupancy being issued for use of the }2V park, 'fhc Playgmund will have to construct all improvements in accordance with City requirements, file Ilse ditch and extelid the water line. Phase 2 has a Projected completion date of early spring 1g~)S. It is important. to note that 'fhe Playgmund hax committed to file the Hunter Lateral prior SEP 26 '94 16 00 1 208 336 9712 PAGE.02 r~eulemanMillerCummings TEL~1-208-336-9712 William licrg Scpteml~cr 26, 1994 Page 2 Sep 26 94 1557 No.U1S I'.US In any issuance of a ccrtificale of occupancy for the RV park anti in no event later than March 15, 1995. Phase 3 constitutes the remaining Portion of the property. Within the next year or two The Playground intends to erect a miniature golf course, baiting cages and further landscaping in this area. Prior to the constniciion of these improvcmenls, The Playground will request the City for approval of constniciion of lhcsc items. 7'liaiilc you for your cooperation in this matter, The Playground, Inc. .~ \~ Sue Clarke President SCldcs SEP 26 '94 16 00 1 208 336 9712 PAGE. 03 slCUlemanrlliier~ummings TEL:1-208-336-9712 Sep 26 94 LAw OI:PiCES MEULEMAN, MILLER & CYJMMINGS %0 BROADWAY AVE., SUTfB 60D POST ORRICE DOX 933 1iO1SBr IDAHO 33701 RICHARD A. CUMM3NOS KIMBAL L. oowLAOrb QUBNTIN M. KIJIPB• GEOFrREY ~. MoCONNBLL" SCOTT MoKnY'~ wAYNE w MBULISMAN ROBBRT -.. MILLER RICNARb W. MOLLERUP KEVW SATTERLEB 15:56 No.013 P.O1 T~I,EPHOrIa ~toi) 3. TBLBFAX [203) 336.9712 'LICENSBD II~1 IDAHO AND WASHnVG'1'ON "LICENSQb DV IDAHO AND CALTPORNIn TELEFAX COVER LETTER Please deliver the following pages to: COMPANY: -t ATTENTION: UI '" TOTAL PAGES SENT: J ilncluding cover page) ~j DATE: ~ ~ ~ ` FROM: Y ~ L ~ l~(~ FAX NO.: f FILE NO.: TIME SENT: ~' ~~ SENT BY: J IF YOU DO NOT RECEIVE ALL THE PAGES INDICATED, PLEASE CALL US BACK AS SOON AS POSSIBLE. DOCUMENTS TRANSMITTED: NOTES: t`c~~FlDENT ALrTY NOTICE THE INFORMATION CONTAINED IN THIS fACSiMILE IS CONFIDENTIAL INFORMATION OR ATTORNEY WORK PRODUCT OR BOTH ANO IS FOR THE pcCWSIVE USE OF THE INTENDED RECIPIENT LISTEO ABOVE. ANY pEADING. Dt8CLOSURE. USE OR REPRODUCTION OF THIS COMMUNICATION OTHER THAN BY THE INTENDED RECIPIENT IS PROH~TTED. IFYOU HAVE RECENED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US 8Y COLLECT TELEPHONE CALL IMMEDIATELY AND RETURN THE COMMUNICATION TO US VIA U. S. MAIL Original to Follow: Yes No BUSINESS LAW f1E111. ESTATE LAW SEP 26 '94 15=59 coNSTRUCtION u-w . 1 208 336 9?12 PAGE. 01 ~~.~~~, SAP 2 3 ~~~~ t '~' ~~~ 1~"i~.:lwla~if~t`~ ~ & ~1~~' arc ~Ivrigauo~ Dla.~crat 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 0 September 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Julie Parker Boise 345-2431 J. J. Howard ' Engineering & Surveying 2 626 North 32nd Street `~~Boise, Idaho 83703 Re: The Playground RV Park Dear Julie: The Nampa & Meridian Irrigation District has reviewed the proposal for the piping of the Hunter Lateral through the above mentioned project. The 36" PVC pipe is adequate to carry the water; however, the PVC handbook recommends a minimum of three feet of cover while the District's requirement is a minimum of 30" of cover but your proposal shows that there will be only a foot or two of cover over the pipe. Unless the proposed project can comply with the district's requirement of at least 30" of cover, the District will require that you use 36" concrete Class III reinforced pipe instead of plastic. If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John. P. Anderson District Water Superintendent pc: Each Director Secretary of the Board _ John Sharp -" ~`" ` _ ~ :,a •;~~ ~y of Meridian _ ,_ - .-~ ~, ~,~,., Ada County Development Services - ~ ~ ' ~~`t,,,~ Bill Henson ~ -~ I ~ J '' ~~ Rider 4 ~ ~ ~ -~- ~- ,,~ - `-:,, ~ File ~ j B ... f' ~ - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 _ ~/~ ~~ Meridian City Council March 15, 1994 Page 48 MOTION CARRIED: All yea Kingsford: You need to direct the City Attorney to prepare an annexation ordinance stipulating those area you have spoken to with regard to a development agreement. Yerrington: So moved Tolsma: Second Kingsford: Do you have all of those counselor or can you get to them? Moved by Max second by Ron to direct the City Attorney to prepare annexation ordinance and encompassing the development agreement in that, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #17 & 18: BEER AND WINE LICENSE APPROVAL FOR KOWLOON RESTAURANT AND THE FARMERS CLUB: Kingsford: In visiting with the Chief he has not had opportunity to look at those. I would entertain a motion from the Council to approve of those subject to his approval, I will not sign prior to his approval. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the Beer and Wine License for Kowloons Restaurant and the Farmers Club pending the approval of the Chief of Police I will not sign them until those have been attained, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #19: MICHAEL CLARKE: WATER/ SEWER LINE REQUEST Clarke: (inaudible) What we are asking the Council for on this is the engineer has indicated they want us to carry a water line from Locust Grove clear down to the end of our property. What we are asking the Council is where we have that red line on what indicates Overland road is to have the water line end there. As the other area further east of that is all open area land and there wouldn't be any development at that point. We also feel that coming from any development that is done the other Meridian City Council March 15, 1994 Page 49 way, sewer is going to have to come from the other direction and there doesn't look to be any proposal to be bringing that. Because it has to come from Five Mile Road all the way down to Overland at that point so it doesn't seem very practical at this point that there would be any development in those areas. So, we feel at this point it is quite a hardship for us to have to carry that line ail the way down to the end of the property. There have been several ways in getting this up and running for different reasons, approvals and so on. And so we have probably lost a months income on this project already because this is mainly a summertime business. This is an extra expense that we feel we are totally aware of in the beginning. There is not anyway for us recoup the cost because we are not going to be able to change per lot for bringing this out there. There is no subdivision of any kind there. And a bucket of balls is a bucket of balls you can't recoup the cost of that. So, it is going to be quite a hardship for us financially to carry that line that distance. Kingsford: If I could Mr. Clarke, ask the City Engineer to speak to the land that this would be carried by if it in fact that this line won't service anything that is one thing, if it will our policy has been and reaffirmed continuously that it is an obligation to move it to and through. Smith: Mr. Mayor and Council members, the water line would be a facility that would continue to the east as development occurs to the east of this development. I guess the major question here that Dr. Clarke has proposed is that and I don't know how far he is proposing to extend it. Typically as you mentioned Mr. Mayor the water lines have been extended to the extremities of the development. In the past these developments have been subdivisions. In this particular case the development of this property is kind of limited, I don't know if I can say income or not because none of it is subdivision. Approximately a third of the frontage is a driving range and the majority of the water used, because the driving range is all sprinkled as 1 understand it from an existing well. Clarke: That would be from surface irrigation. The water use in the development itself would stop I think the starter building on the extreme near that circular 36 hole miniature golf course that would be the farthest use of water use to the east. What we had shown on our development plan that was submitted which did not include the fldriving range was extension of the water to a point just east of the starter building. He has about 625 feet to extend to the end of Sportsman Pointe subdivision which is west of Locust Grove Road and then it is about 890 feet from Locust Grove road side of the starter building. The driving range is another 435 feet in width. I don't know, there was a question that came up today concerning the fire flow from our Fire Marshall and I am not privileged to what his comments were. But, I understood he .--~ Meridian City Council March 15, 1994 Page 50 had mentioned some fire flow demand are required in the development area. Clarke: Is that, we have those 2 fire hydrants one on both corners of that, is that what they are addressing there. I don't quite understand that. Smith: I have not read this until just this moment but he is talking about 3500 gallons per minute and. Clarke: Because he is asking 2 more fire hydrants and that is already planned. Smith: But the question is whether you can get that out of those 2 fire hydrants, if they both come off the same line. Clarke: They both won't be coming off the same line. You have one coming off of Locust Grove and one coming off the Overland Road line so that should address that. And I don't know if he is aware that we have expanded that line from a 10 inch to a 12 inch line. Which will carry considerable more water. Smith: I don't know whether he is or not, but the question here concerning the water is I guess from our standpoint we were looking of the extension of it to the east side of the starter building not necessarily across the driving range. Because the driving range didn't come in with the development plans for the rest of it primarily. It gets back to our same question on the policy on how far to extend these things. And as doctor Clarke mentioned this is a little bit different handle to look at based on seeing it in terms of a residential subdivision. Kingsford: Which side of Overland is just the water where we have required the water to be, is that on the south? Smith: Its on the north side and they pick it up at Sportsman Pointe and extend it on to the north. To this point we have been able to locate it off the oil so there isn't disturbance to the asphalt required. But it depends on what utilities might be in there right now. We did have to jog to the south side of Overland Road in extending it to Sportsman Pointe. And that was because there was a major telephone line on the north side that we couldn't get pass. I don't know what exists out there. In terms of the sewer I did meet with Dr. Clarke and it doesn't appear because the Hunter Lateral crosses through there on that angle shown between the RV parking and the miniature golfing area that will be necessary to extend the sewer east of Locust Grove Road. The property to the south side of this development, south of Overland Road will drain to the west and slightly south into Locust Grove. So nothing will drain to Locust, everything to the east side of Hunter Lateral crossing will drain to the east to Meridian City Council March 15, 1994 Page 51 n Five Mile Drain interceptor. So, we didn't pursue an extension of an sewer on Overland Road. There will be a sewer extended north on Locust Grove road that will serve property that Greg Johnson has under ownership to the north side of this development and that will provide sewer service to him. So, I guess the issue is really what the Council feels will be appropriate for this kind of development as pertains to our policy of extending a major water main adjacent to a development. I couldn't give Dr. Clarke an answer on that even though I was before you at the last Council meeting requesting clarification which was on a subdivision. And I felt quite strongly that was the case on a subdivision, I just wasn't sure on this particular application if this was the case or not. And again I think the water line does need to go down as far as its going to be used. Kingsford: To basically the snack shack. Clarke: Well, the starter building, snack bar would be servicing internally. Kingsford: I think what Gary is saying is it would need to go to there. Smith: That is where service had been shown to extend to the starter building was directly from Overland Road. At least on their development plan though it did show the service coming from a point back at the entrance into the RV park. And they had a long service line extending down to the starter buildings. Kingsford: Well, it be my recommendation that we waive the sewer requirement to be extended and have the water line go to the point on Overland Road to the water shack. Morrow: What does our Comp Plan call for the usage of the ground to the east of this. In other words 1 think the reason we are extending services through is for the benefit of users coming on down the line. And the counter argument to the other folk would be well our policy has been whether its industrial ,residential whatever the usage is that you extend from property and pick it up and go on from there. And so the next parcel down the boundary here no matter what his usage is he is here before us asking for relief at some point in time of putting that section of water line because our policies and ordinances call for property line. So what is our Comp plan calling for the usage of that ground to the east. Is it residential, mixed use, it is industrial, commercial. Forrey: Mr. Mayor, Councilman Morrow, the Comprehensive Plan indicates mixed use development. And in that corridor it specifically in the Comprehensive Plan addressed business uses tax generating land uses. in a sense the St. Lukes Hospital proposal Meridian City Council March 15, 1994 Page 52 /'~ has been submitted last Friday to the City for Conditional Use Permit with an annexation path which involves the Five Mile Trunk sewer which serves the property immediately east of Dr. Clakes property. The City has been getting some serious inquiries on business uses immediately to your east and on out to Eagle Road. And they are counting on that water from your development and sewer from the Five Mile Trunk sewer. There are some very realistic business uses that will be occurring out there which will need this water and other facilities. Clarke: Now, correct me if I'm wrong but isn't the St. Lukes Hospital on the northeast corner of the freeway? Forrey: It is but the sewer line that serves that property also serves the property directly east of you its got a large drainage area. Clarke: I understand that for the sewer, I am not worried about the sewer, because people are still going to have to bring the sewer back down that way. Forrey: But the water system would come from different directions one of which would be to the east of your property toward the Eagle Interchange. Clarke: What my contention is that I'm having to take water line down through past approximately 13 acres of property that is never going to be using that. At this point what I am saying is that is quite a hardship to us. If we take it past, to get it past Hunters Lateral we have to go under and Cook Lateral comes across there and there are a couple of other things that are under the road right there that we have to take into account for that. So, that is why I feet like talking it across up to or past Hunters Lateral is going to be quite an undertaking. And we are just asking for some relief of it at this present time. I mean there are other options that can be made, we can postpone it and when somebody want to move down there and whether it has to be done I will be more than happy to pay my share of that. But as it is I am pretty (inaudible) I am already bringing it almost a quarter of mile. Forrey: (Inaudible) Dr. Clarke's property was allowed for mixed uses so at some point in the future you may decide to put something in the corner of your property and it would need water so the City offers that flexibility. Crookston: At our last discussion about this I did not check our ordinances, but I believe this is an ordinance requirement that it goes to the end of the property that is going through. So, what he is asking for is a variance. I would have to look at our ordinances again, but I think that is correct. r~ Meridian City Council March 15, 1994 Page 53 Clarke: Or at least a partial postponement. I mean if someone is going to use the water down there I am not stopping to put it there. But at this point in time it is a tremendous hardship to have to put all that way. Morrow: Does this not qualify for the latecomers? Kingsford: Certainly we could make a latecomers agreement but that still is front end cost for Dr. Clarke. Morrow: Its still there that is true but at least he has the option of recouping some of his cost. And I think Wayne's point is very valid and as it applies to you Dr. Clarke is the situation may very well be in 2 or 3 years you wish to sell the property or a portion of it and the driving range gets developed into something else entirely. Somebody else has to theoretically bring the water that was already supposed to be there. Clarke: Well, I not saying not to bring it down there, it is already going to be a third of the way down. At this point we can take it a third of the way and it not hurt us too much. What we are asking is to put a hold on going any further than that at this time. And when the time comes if a company comes then we will go ahead and help to put the water the rest of the way down. Because what I am looking at is to front this huge cost that I might no recoup anything for 5 to 6 or even 7 years down the road. For something that can't even be using it at this point . It is just not even necessary. And 1 understand the point of taking the water to the end point of the property ad I understand that. But I'm saying, I am willing to do that in the future, but at this time I just feel like we are at the edge of our bankroll. Kingsford: From a legal standpoint Wayne how do you deal with that? Crookston: It would still have to be a variance at least a partial variance. Tolsma: Its the same thing (inaudible) Clarke: That is exactly what we are asking for a partial variance for this. Kingsford: Of course that requires a public hearing and all those things that go with that. Morrow: I have some question, Mr. Voss's letter is a little bit difficult to understand. One of the interpretations that he maybe saying is that at the building that is by the miniature golf course is that we are going to have to have a fire flow at that point of Meridian City Council March 15, 1994 Page 54 /'~ 3500 gallons per minute. And his third paragraph would seem to indicate that the RV park has to have 2 fire hydrants that flow 1000 gallons per minute and the buildings that are contingent to that has to have one that flows 1500 gallons per minute. And interpretation of and I don't know exactly what he is trying to get at but an interpretation of this could be a total of 4 fire hydrants not 2. Clarke: Well the engineers had already checked into that and they got the hydrants in there at the recommended sizes that they have asked for. Morrow: He is dating this as of today, this showed up in our boxes today. Clarke: He may not have talked to the engineers but they have already got the hydrants, there are 1500 gallon hydrants that are there. They are being serviced by 6 inch water lines. Morrow: 1 am not capable of commenting on that, what I am trying to find out is what . Clarke: I think he is making a comment and he wants to make sure that is taken care of and I believe that has been. I don't believe that is really a problem. We have already addressed the needs for in the fire code for those hydrants. Morrow: But, he is the guy who makes the decision in our system is that not correct in terms of whether they comply or not comply. Kingsford: With regard to the fire system yes. Well, you are being asked to vary from the code, ordinance and also policy, with regard to the extension of the water line, what is your pleasure? I would suspect that Dr. Clarke would like to have some assurance that if he applied for a variance that might be viewed in his favor at least considered at this juncture. Certainly you have to have the public hearing, but if the council would be opposed to it in front why he ought to know. Morrow: I have mixed emotions about this. I think we need to stick with policy going from property line to property line because policy is there for the benefit of adjoining property owners when they develop their property. And I think we need to stick with that and we have reaffirmed that as late as our last meeting with Mr. Smith and the another parcel of of Meridian Kuna Highway. I am not opposed to having that thing put in there in phases and accomplishing that in a phased instant. However, somebody comes immediately next door and wants their water than it will be contingent upon him to provide that water immediately. Clarke: And that would be the requirement, that would have to be the requirement +~ Meridian City Council March 15, 1994 Page 55 in the variance. Morrow: So I think those would be my thoughts. /'~ Kingsford: Perhaps then Counselor the Council could grant a phased development of water line without doing a variance, am I wrong? Crookston: I haven't looked at the ordinance Grant, I would have to look at it see whether you could or couldn't. Kingsford: I look at that thing and 1 have supported that all along but there are so many variations that you get into. The people on the south side, you are talking about a section line street and maybe the ordinance ought to say he carries it halfway through the property and the other people on the side have to pick it up. You are getting into a situation of basically free loading on the south side of the street in essence here. Unless they do and not everyone is fit to go into a latecomers agreement. The other thing that we talked about years ago and maybe Ron was the only one around at the time and that was the proposal of Boise Water Corporation as well as City of Boise with regard to sewer. And that is paying for in advance an equivalency. They are using a certain amount paying for that through their property we could bankroll that at the time those people come in at the time they have their portion of the line paid for. There are a lot of things to I guess consider that we haven't necessarily looked at all of the ramifications of. But certainty we are right today where we sit here and have an ordinance that says to and through. Tolsma: On this Hunter Lateral, If we put the water line through does that have to be under (inaudible) if you have to put the water line through that. Smith: Typically on a canal crossing a ditch of any size we are putting a water line through a sleeve through a casing. So that it can be removed without disturbing the ditch if it had to be removed at some point in the future. Tolsma: (Inaudible) Smith: On this size of ditch I think you could. The other thing that I might mention for the Council's information from the point where the Hunter Lateral crosses Overland road to the east and to the south there area 100 acres that have been owned by the De Weerd family it is my understanding that the property has been purchased for development purposes. And so the people that are either purchasing that are interested in the Five Mile Creek interceptor sewer and they have met with us and St. Lukes people concerning that sewer line. Obviously there is going to be Meridian City Council March 15, 1994 Page 56 /'1 a need for this water line and their development would continue on across the drainage rand frontage and whatever portion if you feel a variance is appropriate for the remaining piece of Dr. Clarke's property that he does not construct up to the Hunter Lateral which would be their northwest property corner. Now I can't say that the development of that property is imminent but they have been very active at some recent discussions concerning that property. And obviously they are going to have to go through the annexation and zoning process first but at least they are involved in it now as far as a developer is involved. Clarke: Gary, their property corner goes right to Locust Grove and Overland doesn't it? Smith: No, their northwest corner is the Hunter Lateral crossing at Overland road. Their west boundary follows the Hunter Lateral. So it is kind of a diagonal line. But, anyway I guess I see that 12 inch line extending in the near future. Kingsford: So given that for them to pick it up and reasonably do their portion of frontage though t ought to be to or through Hunter Lateral which? Smith: I think through Hunter Lateral. tt depends on where their property line is in relation to Hunter Lateral but I guess. Kingsford: If it is a diagonal it would have to be on the east side to get their property because it is going at that angle. Tolsma: If we went then to the entrance of the golf course (inaudible) Smith: Welt, that would be past their northwest corner. Tolsma: But, that would be under the Hunter Lateral. Smith: Yes Kingsford: You are talking about one ownership here Dr. Clarke so there will be just one meter into that for the City to read basically. Smith: I think we proposed several meters. Clarke: 2 Smith: I think there were 4 1 inch meters Meridian City Council March 15, 1994 Page 57 /'~ Clarke: That is right excuse me, Gary is right there were 4. Because we -were thinking about remember we were talking about a 6 inch and we went to 4 1 inch. Smith: And all their sewer service will be out to the west to Locust Grove Road and then it will flow out to Overland road and then west on Overland road to Nine Mile Drain. So he has some off site sewer (inaudible>. Kingsford: Well, I think my initial comment and recommendation a few minutes ago is part of the compassion because he is extending it past some other peoples property already with regard to the water. If it is your desire to phase that let's hear that motion and move along. If its not then lets carry out the ordinance. Morrow: WeH we still have to deal with the variance no matter what we do. Kingsford: I'm not sure you do if you set up a phase structure. Clarke: Mr. Mayor that is what I want, I am not proposing that we never take the water past but I would propose that we do it in a phase if that is okay with the Council. Kingsford: Well I think certainly the Council would have to have that sort of a development agreement. That is the thing you would need to deal with. Am I right counselor a phased structure wouldn't be a variance. Crookston: I am not sure Grant but I don't think it would, but you are right we would need a development agreement on it so that is of record and runs with the land. Forrey: Mr. Clarke and Mayor and Council may I ask a question here. Weren't you part of the Moon annexation request? We do have a requirement for a development agreement on the Mary Moon Annexation. That is one that, that prototype we are going to take and personalize so we have an opportunity right there. In a sense we could weave any requirements pertaining to this issue into that development agreement. Kingsford: Well, Council members is it your desire to give some phase latitude or is it your conclusion it be required to go through. Morrow: I think my perspective here would be that we do the thing in phases and that we structure it so that it is phased. Two things happen when we do that if there is any immediate development in terms of adjacent properties than that certainly is the cost of phases 2 and 3 or however many phases there might be. And the Meridian City Council March 15, 1994 Page 58 second thing is that also serves the property owners directly east of this property with notice that water is there should they wish to press ahead and that we really haven't compromised our ordinance or intent of to and through. We have simply made it easier to accomplish. Kingsford: 1 think though that I would recommend that it go at least Hunter Lateral, then you are picking up the corner across so they may have an obligation to extend that in which case Dr. Clarke wouldn't be required to do that in a phase if that were to take place first. Is there a motion to that effect? Morrow: I would move that the water line be installed immediately through Hunter Lateral and that the remaining distance to his eastern property line be phased in 2 phases to be installed at a point determined in the future by development agreement. Tolsma: Second Kingsford: Moved by Walt, second by Ron to allow phased installation of the water line on Overland road to extend the first phase through Hunter Lateral and the remaining to be 2 phases as determined by development agreement, all those in favor? Opposed? MOTION CARRIED: All yea Clarke: Wayne who writes that agreement? Forrey: The City Attorney is preparing the prototype we have several projects that are subject to development agreement as soon as we get that we will personalize it and get you a copy and start to negotiate that. It is signed by yourself and the City. Kingsford: Shari would you work with Crookston on that and make sure that isn't next year when that comes out. Morrow: Mr Mayor I think also that he needs some clarification with respect to Mr. Voss's comments the fire system so that. Kingsford: From the developers standpoint he knows exactly the oranges and apples he is dealing with. Morrow: Up front, but I would hate to see him go for a building permit and get blind sided with sprinkler systems and things like that. ~ /'1 Meridian City Council March 15, 1994 Page 59 Kingsford: 1 would recommend Dr. Clarke that your engineer talk with Mr. Voss and have a clarification of exactly what that is. Clarke: I wil! do that, I will have to anyway. But I'm pretty sure that issue has already been taken care of. ITEM #20: JIM LANG: APPEAL FENCE VARIANCE COMMITTEE DECISION: Kingsford: Mr. Lang Lang: 1 am Jim Lang, I believe the variance appeal is before you at least I was told you would have the information is that correct? Essentially I requested the variance of the 20 foot setback because I have a corner lot in the Clarinda Fair subdivision located at W. 11th St. and Pine actually just off of Pine. Part of my request for the variance the committee waived the 20 foot to a 10 foot variance. And I had requested to 5 feet from the property line. I guess in a formal request my intent being a sidewalk. But based on 2 neighbors, my neighborhood has already established fences with a 5 foot setback from the sidewalk. One who had the variance approved 2 years ago in 1992. And based on seeing their erected fence before I purchased my lot I had in mind that was kind of a standard acceptable practice. So, I was kind of interested to find out when I came to the public meeting that was not the common practice and it was basically the fence committee had 2 concerns over my request. One was that evidently their current standard is not to allow a setback to be reduced less than 10 feet from the property line on a corner lot and secondly they were concerned about adequate visibility for providing adequate safety for children who might be coming along the sidewalk should a house being constructed behind me which now there is none might locate their garage adjacent or nearest to my property line therefore cause a problem with visibility for backing up cars. Two things one in regard to the 10 foot minimum setback no less than that, I mentioned on my application that there were 2 homes one in particular with an approved variance in my neighborhood on corner lots. On the other item about the adequate visibility, there is a, if you notice the map there is an electrical box located in that corner that affects the fence line in order to, I have to notch out around that in order to give it 2 foot clearance around the box as per my understanding of clearance needed. Which in effect brings that fence to a 10 setback from the sidewalk along that 7 foot length and then it notches out which in my estimation gives increased visibility for someone should that locate a driveway close to my backyard property line. Those are at least the issues as I understand them and I wonder if you have any questions? Kingsford: Questions for Mr. Lang? ~~~~~~~ ~av t t ~~s~ qTY OF MERIDIAN '~a~rt~ea 8c N~e/ttdicsaG ~I~tCgutfaot ~l~AttCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 Julie Parker J. J. Howard Engineering & Surveying 2626 North 32nd Street Boise, Idaho 83703 Re: The Playground Sports & Recreation Park Dear Julie: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has completed the review on The Playground. The District will not allow the Hunter Lateral to be changed in location as shown in the plans. My recommendation is that the lateral be fenced or, preferably, piped as the City of Meridian requires in all subdivisions. Nampa & Meridian Irrigation District requires an agreement for any crossing or encroachment within its facilities. Contact the District's attorney, Andy Harrington, at 342-4591 and request that he prepare a License Agreement for your s ignature and for cons ider- ation at the next District Board Meeting. Once the agreement has been approved by the Board of Directors, construction can begin. The plans indicate that all storm water run-off will be retained on site. If any drainage is to leave the site, please submit plans indicating how the water is going to discharge as the drainage more than likely will end up in the District's Fivemile Drain and an agreement far discharge would be required. If all 3rainage is held on site, this is not necessary. Feel free to contact me if further discussion is required. Sincerely, John P. Anderson District Water Superintendent "~~. ,,: pc: Each Director Secretary of the Board Andy Harrington John Sharp B' Henson ity of Meridian Ada County Development Services Rider 4 APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 May 1994 ~~CE~V~~ MAR 1 8 1994 CITY ~~ r~c~tj~tH~ 'ha~sr~a. & ~~enid~aoc ~I~rugatlooc Z~tabccct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Sue Clark 4098 North Jullion Boise, Idaho 837G4 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: The Playground Dear Ms. Clark: Nampa & Meridian Irrigation District has received your plans and the Land Use Change/Site Development Application on The Playground. Since the drainage is leaving the site, the District will need to review a complete set of calculation on storm water run-off. If you will send or deliver these calculations, we can process this application and continue with the review of the project. Time is real short to do any work in the District's irrigation system as March 15th is the normal construction cut-off date. Please feel free to contact me if I can be of further help. Sincerely, Bill Henson Foreman pc: Each Director Secretary of the Board D' rict Water Superintendent ity of Meridian Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 16 March 1994 MERIDIAN CITY COUNCIL SEPT. 7, 1993 PAGE 9 Roll Call Vote: Yet^rington - Yea; Giesler^ - Yea; Cot^rie - Yea; Tolsma - Yea; Motion Car^ri ed: Al 1 Yea: ITEM #7: ORDINANCE #615: REQUEST FOR ANNEXATION AND ZONING TO I-L AND C-G WITH PRELIMINARY PLAT FOR MID VALLEY BU5INE5S PARK BY MARY MOON: Kingsfor^d: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROF~ERTY WHICH IS DESCRIBED A5 A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1l4 OF THE SOUTHWEST I14, SECTION 17, T. 3 N., R. 1E., BOISE MERIDIAN, ADA COUNTY, IDAHD; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would 1 ike Or^dinance #615 read in it' s eat it^ety? Na r^esponse. The Motion was made by Yerr^ington and seconded by Tolsma that the r^ules and pr^ovisions of 50-9QI;c' and all rules and pr^ovisions r^equir^ing that Ordinances be read on three different days be dispensed with and that Ordinance #615 be passed and appr^oved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corr^ie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #P-: ORDINANCE #616: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH PRELIMINARY PLAT FOR KENTFIELD MANOR SUBDIVISION BY PERSONALITY HOMES: Kingsfor^d: AN ORDINANCE DF THE CITY ^F MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NORTHWEST 114 OF THE SOUTHWEST 1/4, AND THE SOUTHWEST 114 DF THE NORTHWEST 1/4 DF THE SECTION ~, T. 3N., R. iW., B.M., ADA COUNTY, IDAHD; AND PROVIDING AN EFFECTIVE DATE. Is then^e anyone fr^om the public who wishes Ordinance #616 read in it's entirety? No response. The Motion was made by Carrie and seconded by Yet^rington that the r^ules and provisions of 5121-9~-,2 and all rules and provisions r^eq~_iiring that Ordinances be read on three different days be dispensed with and that Ordinance #616 be passed and appr^oved. Roll Call Vote: Yerrington - Yea; Giesler^ - Yea; Carrie - Yea; Tolsma - Yea; ~~ ORDINANCE NO.~~ AN ORDINAI\TCE OI` THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 17, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to ana~ex to the said City real property which is hereinbelow described: A parcel of land being on both sides of the centerline of Interstate 80N, Project No. I-80N-1(29)45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the SW1/4SW1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to-wit: Commencing at the Southwest corner of Section 17, Township 3 North, Range 1 East, Boise Meridian; thence North 0°18'49" East along the West line of said Section 17 a distance of 1041.52 feet to a point in a line parallel with and 120.00 feet Southerly from the centerline and opposite Station 2374+11.57 of said interstate 80N, Project No. I-80N-1(29)45 Highway Survey and being the REAL POINT OF BEGINNING; thence South 89°33'18" East along said parallel line 388.43 feet to a point opposite Station 2378+00.00 of said Highway Survey; thence North 87°34'57"East 200.25 feet to a point in a line parallel with and 110.00 feet Southerly from the centerline and opposite Station 2380+00.00 of said Highway Survey; thence along said last parallel line as follows: South 89°33'18" East 149.99 feet to a point opposite Station 2381+49.99 of said Highway Survey, Easterly along a 9659.30 foot radius curve left 578.0 feet; more or less, to a point in the East line of the SW1/4SW1/4 of said Section 17; thence North 0°33'06" East along said East line 220.0 feet, more or less, to a point in a line parallel with and 110.00 feet Northerly from the centerline of said Highway Survey; thence along said last parallel line as follows: Westerly along a 9439.30 foot radius curve right 576.0 feet, more or less, to a point opposite Station 2381+49.99 of said Highway Survey, North 89°33'18" West 149.99 feet to a point opposite Station 2380+00.00 of said Highway Survey; thence North 86°41'30" West leaving said last parallel line 200.25 feet to a point ORDINANCE Page 1 ,/"~ /~ in a line parallel with and 120.00 feet Northerly from the centerline and opposite Station 2378+00.00 of said Highway Survey; thence North 89°33'18" West along said last parallel line 388.98 feet to a point in the West line of said Section 17, opposite Station 2374+11.02 of said Highway Survey; thence South 0°18'49" West along said West line 240.00 feet to the REAL POINT OF BEGINNING. Highway Station Reference: 2374+11.30 to 2387+31.10. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being on both sides of the centerline of Interstate 80N, Project No. I-80N-1(29)45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the SW1/4SW1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to-wit: Commencing at the Southwest corner of Section 17, Township 3 North, Range 1-East, Boise Meridian; thence North 0°18'49" East along the West line of said Section 17 a distance of 1041.52 feet to a point in a line parallel with and 120.00 feet Southerly from the centerline and opposite Station 2374+11.57 of said interstate 80N, Project No. I-80N-1(29)45 Highway Survey and being the REAL POINT OF BEGINNING; thence South 89°33'18" East along said parallel line 388.43 feet to a point opposite Station 2378+00.00 of said Highway Survey; thence North 87°34'57" East 200.25 feet to a point in a line parallel with and 110.00 feet Southerly from the centerline and opposite Station 2380+00.00 of said Highway Survey; thence along said last parallel line as follows: South 89°33'18" East 149.99 feet to a point opposite Station 2381+49.99 of said Highway Survey, Easterly along a 9659.30 foot radius curve left 578.0 feet; more or less, to a point in the East line of the SW1/4SW1/4 of said Section 17; thence North 0°33'06" East along said East line 220.0 feet, more or less, to a point in a line parallel with and 110.00 feet Northerly from the centerline of said Highway Survey; thence along said last parallel line as follows: Westerly along a 9439.30 foot radius curve right 576.0 feet, more or less, to a point opposite Station 2381+49.99 of said Highway Survey, North 89°33'18" West 149.99 feet to a point opposite Station 2380+00.00 of said Highway Survey; thence North 86°41'30" ORDINANCE Page 2 /"~ West leaving said last parallel line 200.25 feet to a point in a line parallel with and 120.00 feet Northerly from the centerline and opposite Station 2378+00.00 of said Highway Survey; thence North 89°33'18" West along said last parallel line 388.98 feet to a point in the West line of said Section 17, opposite Station 2374+11.02 of said Highway Survey; thence South 0°18'49" West along said West line 240.00 feet to the REAL POINT OF BEGINNING. Highway Station Reference: 2374+11.30 to 2387+31.10. is hereby annexed to the City of Meridian, and is zoned I-L; 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; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerline of Overland Road for public right-of-way. 5. Pay any development fee or transfer fee adopted by the City of Meridian. 6. Enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, R., L. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. SECTION 3. That if Applicant shall fail to meet the above ORDINANCE Page 3 /"\ conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. 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 5. 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 7th day of September, 1993. APPROVED: OR -- G P. SFORD ATTEST: ~~ ~- CITY CLERK -- WILL BERG ORDINANCE Page 4 1 • C, ` \~. ~ 1` ~`\• ~; r ~~ v • ,.. :~~_ ~~ _o n.«,.. p•INMM ••\ ••\ •; s. ~~ •, •; s. •;, twm~ I~ .~ ~ _ ~ ~ i R ,.t .\ '4 _ ~ i I3~'# ~ ~ TfOC ST' ~ i . i 1 ~ i :. CADILIAC DRIVE ~~ ~ ~ ~ HS GB;TS ~ mmwu - - - - - -~--~- - t.~, BENTLEY AVE. \ LOCIIST~L_._. .. ~ - ,e,,,.,« z ac I8w \~~\\ .~ `, \ SBIGHT3 mmwM i . ._.~ „ oRIVE ~ s • N0. ? 8 •~ ~ • ~ / ' 3II/BDIVIS~ON I-84 Mr i V~~.c.~-., gu ~rN~ss p~ __ - IA "i y ~ ~ i ~ + ~ ~ ~ 9 ~ ~ ~ a ~ ~ ~ 's ~I 1 i /'1 ~~ s ~~ ~~ fi ~ ~' ~ ~ ~~ s ~ ~'~ ~a~°~°~ ~~~~~ ., a ~' ~ ~ ¢~ u 3 i °o _ 3 O~~ ~~~ ~~r a#~ ~ ~ ~' ~ ~` ~ ~ ~ ~ ~ .s ~ III ( `Il 9 ~~~ ., s• M :+ ri~;-rE ; S_ 2~~?~pp,~, `1 ` 19.x3 MERIDIAN CITY"COUNCIL AGEs~IDA I TEM NUMBER ~ APPLICANT : Mt1t~,1 Mc~r1 REDU 5T :.Whir,tl~taki~rn ~ Zoh AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - ScTTLERS IRRIGATIDN - IDAHO POWER - US WE57 - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY -sue, ~tC~~v~O~v~C2~la~rj MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: .~``~ HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 3 Planning JIM JOHNSON Centennial CooWlnator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Mexid,ian Planning and Zoning Commission, may we have your answer by: r ~~ TRANSMITTAL DATE :,~~LcYI~ ~ f (-l~ HEARING DATE : ~Ut~ g, lgg3 REQ BY: LOCATION OF PROPERTY. OR PROJECT: ~Q~ \Zihef ~- A~ -C-~y ~1n ~"~ SVU• S~~a. tS 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 BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT GARY SMITH, P. E. ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PREL.& FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. b FINAL PLAT) U. S. WEST (PREL. 3 F I NAL PLAT ) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY ~ -, j ~f ,~ CITY FILES/~,1J ~ OTHER• /'/~Er-i(~t~7-v~ //2~ ~GI . ~ ` ~- ~ ~ ~~~ ._ - ,rte MERIDIAN C I TY COUfVC I L AUGUST 17, 1993 RAGE 34 Post-It'"' brand fax transmittal memo 7671 #of pages - To ~~~ (~ r From ~~ 0. Co. ^,~~ 3.JG Co. ~ . ~ o~ rrlec~~ d; c~ Dept. Phone # Fax # ~~ y _ 5 ~,Q~ Fax # Kingsford: My suggestion to you is that you visit with Mr. Smith, with Mike Preston. We've experienced a very similar thing in the City before and we found that break through the hard pan layer and pttt in a rock drain in least in that area and remedy those problems but they had to do it lot by lot. Merkle: They at^e digging test i s, we know where the gt°ound Engineer is requiring on all f the bottom footing elevation seasonal groRtnd water so that' s set. I think it's a solvable through it in our final design. pits, we know where the hard pan water is right now. The City final plats that I' m aware of that is a minimum of 1~" above high a requirement that you folks have problem and we .just need to work Kingsford: I agree it's solvable, I'd jRtst like to see it solved. The Motion was made by Tolsma and seconded by Yerrington to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Nay; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Giesler to have the attorney prepare an annexation and zoning ordinance. Motion Carried: All Yea: ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L AND C-G PLUS MID VALLEY BUSINE5S PARK PRELIMINARY PLAT BY MARY MOON: Kingsford: At this time I'll open the PR~blic Hearing and invite the owner or designee to speak first. Greg Johnson, 2433 Can-Ada Rd., was swot^n by the attorney. Johnson: We're requesting an annexation of property. tGraphic presented3 The majority of ~0 acres, would be used for a recreational includes a driving range and some miniatRti^e golf Rtp in the northwesterly corner thei^e's I0 ac'. aside as Mid Valley BRtsiness Pal^k. We're asking some commercial the annexation, facility which and an R. V. park ~^es that are set for Industrial ,.~ O MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 35 Zoning on that and that would be developed as an office warehouse development. It is anticipated that that office warehouse development would develop over the next five to eight years and we'll do that in phases and that's why we're asking for the individual lots in there as we develop that. Mt^. Clark has purchased the portion that is being developed as recreational and he'll address that specific development. It's my under^standing that his funding is in place and he is ready to proceed with that this fall. Any questions? No response. Kingsford: Thank you. Anyone else? Michael Clark, 4198 N. Juliann, Poise, was sworn by the attorney. Clark: The plan has right now 85 R.U. spaces with amenities for the R.V. spaces. This wouldn't be permanent trailers or mobile homes, this would be overnight camping mainly.- It would have multiple batting cages, a 3b hole miniature golf course and a driving range with a pt^actice putting green and sand trap. We have further development on the diagz^am that says commercial paths but those are to be left open for further expansion of other recreational items that we'd like to add in later on. We feel like this would be a real nice attraction to the City of Meridian. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yet^rington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Cot^rie to have the attot^ney prepare an ordinance. Motion Carried: All Yea: ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 WITH KENTFIELD MANOR PRELIMINARY PLAT HY PERSONALITY HOMES: Kingsford: I will open the Public Heat^ing and invite the owner^ ar designee to speak first. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MARY MOON/WEST PARK COMPANY ANNEXATION AND ZONING A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 17, T. 3N., R. lE., BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 8, 1993, 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 Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant not appearing but Greg Johnson appearing on behalf of Applicant, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notices of public hearing on the annexation and zoning was published for fifteen days weeks prior to the said public hearing scheduled for June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 ~ ~ annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 10 acres in size; it is located on South Locust Grove and the I-84 Intesection. 3. That the property is presently zoned by the county as R T Rural Transition and the requested Zone is I-L, Light Residential. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record agreed to the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned as indicated in paragraph 3 above; that the present use of the property is for agriculture; that the applicant indicated that the intended development of the property is for I-L Light Industrial. 10. That the Applicant testified that the property would be used for a driving range and batting cages and for an Recreational Vehicle park, but that there was some problems with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 ~ rte'` Comprehensive Plan and that Applicant's opinion was different than that of Wayne Forrey, Meridian Planning Director, that the subdivision would not be used for commercial uses; that there were two interchanges to provide easy access to the property; that the area was good for schools because it is not in a residential area; that Applicant would support a transfer tax; that there would be recreational facitilties and amenities provided; that Hunter lateral provided a water amenity and irrigation and that river rock would line the lateral; that offices/warehouses would be built in phases within five to eight years; that there would be a landscaped berm along the freeway but that there would be no concrete walls and that the Locust Grove property would be responsibile for one-half of the building of the berm; that to the east is farm land owned by May Trucking and west of the proposed property to be annexed is a mobile home sales lot. 11. There was testimony in support of the Application. 12. That the property is located in the MIXED USE Area north of Overland Road and south of I-84 between Eagle and Locust Grove Roads; the Comprehensive Plan states at page 23 that; "Probable uses for the areas could be service commercial, ..., open space uses ... motels and industrial." 13. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development. 14. That Meridian has, and is, experiencing a population FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 increase; that there are pressures on land previously used for agricultural uses to be developed. 14. That the property can be serviced with City water and sewer. 15. That the Meridian Planning Director did submit comments and such are incorporated herein as if set forth in full. 16. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated 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 proposed subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 n School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 18. 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 residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. 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." 20. 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;" 21. 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;" FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 22. 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. 23. 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. 24. That the I-L, Light Industrial District is described in the Zoning Ordinance, 11-2-408 B 14., and such is incorporated herein as if set forth in full. 25. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 n and followed. CONCLUSIONS OF LAW 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 Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the 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 Commission 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 ~ /'~ 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, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 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 11-9-605 M, Piping of Ditches; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L and should address the comments of the Planning Director, Wayne Forrey, that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 ~ ~ necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That the Applicant's property is located in the MIXED USE Area east of Kuna Road as designated in the Meridian Comprehensive Plan; that it is concluded that the property as proposed to be used, is in compliance with the Meridian Comprehensive Plan. 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the development of the property shall meet the representations of the Applicant and his agents and included in the Application, that the conditions shall also include those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de- annexation if the conditions are not met and strictly adhered to. 13. 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. 14. With compliance of the conditions contained herein, the annexation and zoning of I-L, Light Industrial would be in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 ~ ~ best interest of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and to the all ditches, canals and waterways as required in these Findings of Fact and Conclusions of Law as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 DATE: T ~1C1Q3 MERIDIAN CITY C0~`:IL AGENDA ITEM NUMBEp `__ APPLICANT: ~~.~'~. rn~~ AGENCY Nao p~~e~.~,.`, ~~.R~S MERIDIAN POLICE - MERIDIAN FIRE DEPT. ~~N~r~ ~. MERIDIAN CITY ENGINEER - ~jR•Q,W~k~ MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT ADA STREET NAME COMMITTEE - CENTRAL D I STR I CT HEALTH - Sft.~- ~~~~'~ C~~~w NAMPA MERIDIAN I R R I GAT I ON - ~•~ ~~~~ SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - ~~ ,~ F~~w S o ~- ~ac.~- 3 Go ~~ ~s d~ C,a~.a . MERIDIAN CITY ATTORNEY -~ c - ,~'S` _, _,~ /~ MERIDIAN PLANN I.NG D I RECTO R - ,~4 t"Tt1G l.;C) - - See 1~4a~.~-d ~ ~'M-~-'^-'~ OTHER COMMENTS• h~,~ COMMENTS : ~L ~ ~ r °l ~ ~ HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAl~T R A JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. RO ERTGIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, waste water supt. MERIDIAN ID AHO 83642 ROBERT D. CORRIE KENNY BOWERS, Fire Chief , Chairman 2oning & Planning BILLGORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM TO: Mayor, Council, Planning and~~~~g Commission FROM: Wayne S. Forrey, AIC,F~'~S~ ~____ ~~ DATE: June 3, 1993 ww RE: Mary Moon Annexation; 10 acres I-L and 20 acres C-B plus Preliminary Plat of S lot Mid-Valley Business Park. This 30 acre annexation request is within the USPA boundary. The current Comprehensive Plan does not adequately address potential commercial or Industrial development in the. area along Overland Road east of Locust Grove Rd. Based on lack of clear policies at this time, this annexation proposal could be tabled to allow the applicant sufficient time to work; with the City to update the Comprehensive Plan and achieve de irable C/I gods for this area of the communi y. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS P City Clerk R CITY OF MERIDIAl JANICEGA S Treasure BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chief BILLGORDON, PoliceChief Phone (208) 888-4433 GARY SMITH, P.E., City Engineer FAX (208) 887-4813 June 7 1993 GRANT P.KINGSFORD r Mayor T0: MAYOR - COUNCIL - PLANNING & ZONING ` FROM: GARY SMITH, P.E. RE: MID VALLEY BUSINESS PARK (ANNEXATION - ZONING - PRELIM. PLAT) COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI I have reviewed this submittal and have the following comments: 1. This property,-is contiguous at its northwest corner to a parcel annexed under City Ordinance No. 523. A legal description should be prepared to include the portion of I-84 adjacent to this parcels north boundary. 2. Who maintains the portion of the storm drain system laying outside the public right of way? I need a letter from the responsible agency, whomever it may be. 3. Processing of'this subdivision is subject to our analysis of our existing water systems ability to provide domestic water and fire flaw-service. 4. Water Line location in the streets is 12 feet north and east of centerline. .Place fire. hydrants on the same side of the street as the water line. 5. Street lights are generally located on the south and west side of the streets. Show the street lights on the plat. 6. A major part of this property is located in the sewer drainage area of the Five Mile Creek interceptor. Depending upon what use is proposed, we need to be careful about placing sewage from one drainage area into that of another. 7. Sewer and water lines will need to be extended from the Nine Mile Creek crossing of Overland Road to serve this property. 8. The culdesac length, measured centerline to centerline, exceeds the ordinance maximum of 450 feet. A variance request is needed for this approx. 505 foot long culdesac. 9. Show the referenced benchmark for the contour lines. 10. How Hunter Lateral is used as a water amenity will depend on the maintaining jurisdiction, Nampa and Meridian Irrigation District. 11. This preliminary plat needs to be resubmitted to me with all of the above items addressed. REVIEW SHEET We have no objections to this proposal. CENTRAL • • DISTRICT HEALTI~ • / ~Y Q~ ~~Rj~~~~ Rezone # // ~ R Conditional Use # ~ ~ ~ j~~. ~i ~v~~~sia,~l Preliminary/FinaVShort Plat ^ 1. ^ 2. ^ 3. ^ 4. ^ 5. ^ 6. Z ~, 9. ^ 10. ^ 11. ^ 12. We recommend denial of this proposal. /'~ ~EC~~~~~ ~N p g t~93 Return to: ^ Boise ^ Eagle ^ Garden City Meridian Kuna ^ ACZ Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal. We will require more data concerning soil conditions on this proposal before we can comment. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade We can approve this proposal for individual sewage disposal to be bcated 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 Health 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 'rf 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 DATE: ^ 13. Reviewed by: CDHD 10-91 rcb n • ~~ ~ , , 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Meridian Planning 33 Eaat Ydaho Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 & ZOning Commj.SSion Boise 345-2431 Meridian, Idaho. 83642 Re: Annexation and Zoning The Westpark Company/Mary Moon Co»aasissoner;~ Nampa & Meridian_Irrigation District's Hunter Lateral courses along the east }aoundaxy of this project. The right-of-way of the Hunter Lateral is 40 feet: 20 feet from the center each way. See Idaho Cede 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. ~~o~~~ Bill Henson Foreman pc: District Water Superintendent File - office File - shop ~;, r, ~+ ~~ uC'~!1 ~??od?, rP4e: ~9 ~=rl`•'`~SS~ 'yerli 'li'ti.r0 if:tra~ 1"~Vr: e'j,;!~l„1ols~ ~'s <•a 6'oi s'~ 'uf:rbti3 P , ~1:1~ i1~s~ E?~:r3 ou h~ e r~:~..i,;,a:~. tt'~ r~;>:~olu2lan ~',F;-~3$1'4u"r i..U>gr s~ e"z"eYF3a.1"`;t~bl. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 ,~'~ 19 9 3 REC1E~`lE~ 11VG JAMES E. BRUCE, President GLENN J. RHODES, Vice Resident CHARLES L. WINDER, Secretary TO: The Westpark Company P.O. Box 344 Meridian ID 83642 FROM: Larry Sa , Sup vi Develop e /'~ JUN 2 9 1993 CITY QF ~~~IDIAAi June 23, 1993 SUBJECT: MID-VALLEY BUSINESS PARK - PRELIMINARY PLAT MERIDIAN ANNEXATION On June 23, 1993, the Commissioners of the Ada County highway District (hereafter called "District") approved the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. Tf public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 June 23, 1993 Page 2 ~"~ 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority toctether with payment of .fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron J.J. Howard Meridian City Hall /'~ INTER-DEPARTMENT CORRESPONDENCE MIDVALEY/DgT ECH 6-23-93 TO: DATE: June 21, 1993 FROM: SUBJECT ACHD Commission Development Services ( eve p 83642) (Engineer - J.J. Howard, 2626 N. 32nd St., Boise, ID 83703) PRELIMINARY PLAT -MID-VALLEY BUSINESS PARK MERIDIAN ANNEXATION D to er -The Westpark Co. , P.O. Box 344, Meridian, ID FACTS & FINDINGS: 1. Mid-Valley Business Park is a 5-lot light industrial (I-L) subdivision on 10 acres of property located on the east side of Locust Grove Road approximately 500-feet north of Overland Road . This would be the first development phase of a concurrent 30 acres annexation request which proposes general commercial (C-G) zoning for the balance of the parcel . 2. Locust Grove Road is a section line road that has 50-feet of right-of- way and is improved with 24-feet of paving. The road dead-ends at I-84 (along north boundary of subject parcel) and there is no public turnaround there. Normally the District would require 90-feet of right- of-way fora section line road in an urban impact area, but because this road is anon-continuous road, staff recommends that only suffi- cient right-of-way for a commercial street section (60-feet of right-of- way) be required. 3. Overland Road currently has 50-feet of right-of-way and is improved with 24-feet of pavement. The 2000 Urban Functional Street Classification Map designates Overland as a minor arterial roadway, which generally requires a minimum of 66-feet of right-of-way (the District requires 90-feet of right-of-way on arterials in an urban impact area) , width sufficient for 4 traffic lanes (52-foot street section) and 5-foot sidewalks. The District has street plans already drawn for the future street improvements in this area. A 65-foot street section with 5-foot sidewalks will be constructed in this area. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 JAMES E. BRUCE, pre~dent GLENN J. RHODES, Vice Resident CHARLES L. WINDER, Secretary PRELIMINARY PLAT MID-VALLEY BUSINESS PARK June 21, 1993 Page 2 /'ti When the parcel next to Overland is developed, the developer will be required to dedicate 45-feet of right-of-way from centerline and con- struct curb, gutter, 5-foot sidewalk and match paving improvements along Overland abutting parcel. The owner will be compensated for the additional right-of-way and the curb and pavement match (not the side- walk) from available impact fee revenues in this benefit zone. 4. The ACHD Capital Improvement Plan shows Overland as currently oper- ating at Level of Service (LOS) A/B and is projected to operate at LOS A/B in 2010. It is approved for use of Road Impact Fee funds to in- crease its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements along Overland by the developer and for right-of-way dedication in addition to what exists now. A person seeking offsets must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 5. The public hearing for this application was held by the Meridian Plan- ning & Zoning Commission on June 8, 1993. SITE SPECIFIC REQUIREMENTS_ 1. Submit a Master Plan and supporting Traffic Impact Study to the Dis- trict . Coordinate with Traffic Services Department prior to beginning the study. Additional requirements may be imposed pending the find- ings of the study and any design engineering work accomplished prior to the District's review and approval of the study is entirely at the risk of the applicant . 2. Dedicate 30-feet of right-of-way from the centerline of Locust Grove abutting parcel (5 additional feet) . 3. Construct curb, gutter, 5-foot sidewalk and match paving on Locust Grove abutting parcel. Improvements shall be constructed to a 41-foot back-to-back street section. 4. Construct one-half of a standard circular turnaround at the north end of Locust Grove. Dedicate necessary additional right-of-way for such a turnaround. 5. Dedicate 55-feet of right-of-way and construct a 41-foot street section with 5-foot wide concrete sidewalks for the proposed internal street. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies . PRELIMINARY PLAT -MID-VALLEY BUSINESS PARK June 21, 1993 Page 3 /`~ 2. Dedicated srmanceawith Distrg t standards and pohciesned and construct- ed in confo 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 irrigation/drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 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 City 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 specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement . Drainage easements and their use restric- tions 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 proper- ty lines when the driveways are not being shared with the adjacent property . 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs . 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 installed when the project street is first accessi- ble 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 Construc- tion Services at 345-766? (with zoning file number) for details. PRELIMINARY June 21, 1993 Page 4 /"~ PLAT -MID-VALLEY BUSINESS PARK 14. A request for modification, variance or waiver of any requirement 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 Develop- ment Services section at 345-7662. STAFF SUBMITTING DATE OF COMMISSION APPROVAL: Larry Sale ~,lUN 16 1993 /"~ ~;; ~:. `'~ •r ~~\ v ~~~ ~~+ _o „.«,«. ~~ ~~ s. ~, ~ ~ s '~ ' I~ TfOCST' 's I ~ _ .t _~r.._~ CADILLAC DRIVE ~ ~ ( ~ -1 ~~ ~.._.__._. ~ ~ 1 i~ ~ HB G~T3 ~~ '~ _ ~" r BENTLEY AVE. _ _ m Y r ~,,~- HsIGHrs `, ,- gq)J!{IN s pRIVE mnu~w ~""'~ ~ ! t ~''~- J(,. ~~ '~' i ~ ~, SIIBDIVIS'~ON is 1-84 BU INESS P ~N.I~~X~.T~ N ~~ -- `A i"'\ o Y Q ~ ` ~ ~ ~ 3; ~~~ s ~ ~ ~ ~ ~~~= f ~ ~ a ~ ~ ~ ~ s ~ ~ ~ ~ ~ a ~ s ~ ~S ~ € ~k ~ a#~ ~ ~ ~~ Q ~~ y I i ~ .~, a s A 1 _ 'I ~~ I I I I II F i' 1 I I I I r, r 3 ~~~ ~. s• h A--;~ .~ ~Y i ~: ~ ~ ~~ ~~~~~~ ~~~~ ...~ t ~ ~~ ~"~ /~ ~3EriIi3IAN PLANNING & ZONING JULY 13 1993 The Reg+.ilar Meeting of the Meridian Planning and Zoning Commission was called to or^der^ by Chairman Jim Johnson at 7:3~ P. M. . Members Present: Tim Hepper, Jim Shearer, Moe Alidjani, Charlie Rountree: Citt~et^s Present: Don Bt^yan, Tom Eggar, Marvin Thorne, Carolyn Ridgeway, Bev Donahue, Lewis Bowen, Kathy Brown, Joe Simunich, Bill Schwartz, Wayne Fot^rey, Hill Morris: MINUTES OF THE F+REVIDUS MEETING HELD JUNE 8, 1993: The motion was made by Shearer and seconded by Alidjani to approve of the minutes ft^om the previous meeting as wt^itten: Motion CaT^t^i ed: Al I Yea: Johnson: Items #1-B are Findings of Fact and Conclusions of Law that have been prepared by the City Attorney. If you have no problem with these we can approve them all at the same time. Rountree: I just have a question an Item #2, in the body of the Findings it has refer^ence to the operating hours and times of the week, an Page 3. Those wet^e not included in the Conclusions, my question is am I right in assuming that if they are in the Findings they are as well a portion of the Conclusions and would be carried through with? Johnson: We'll look at Item #2 separately. Are thet^e any others that anybody has discussion or questions about. If not, let's handle Items 1, 3, 4, 5, 6, 7 & 8 now. The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Facts and .Conclusions of Law. Roll Call Vote: Heppe-^ - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea: Motion Ca-^t^i ed: Al 1 Yea: The Motion was made by Shearer and seconded by Rountree that the Met^idian Planning and Zoning Commission pass on to the Meridian City Council a favorable recommendation on these items as indicated in the Findings of Facts and Conclusions on each one. Motion Carried: All-Yea: Johnson: We' 11 now handle Item #2 sepal°ately.