The URL can be used to link to this page

Ballantyne-Troutner Business Park VARWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY couNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. B NTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30, 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Variance for Ballantyne-Troutner Business Park BY: Jim Ballantvne LOCATION OF PROPERTY OR PROJECT: Franklin Road and Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z -GREG OSLUND, P/Z -TIM HEPPER, P2 -ROBERT CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: '" hJOI! ci6 ~ ~~ 14:16 FP ~: J OF MEP I L~ I Af J ~n,~ 88 ; 4813 Tn '9416 P i - ~ .01 03 CITY dF MERIDIAN 33 Cast Idaho Street, Meridian, ID $364 VARI~NC'E APPLICATIC~1, (RE: Meridian Zoning Ordinance) NAME: James H. _Ballantyne Phone: 375-1966 (Owner or holder of valid option) ADDRESS: 10250 Whispering Cliffs Drive; Boise,1,~ID 83704 GENERAL LOCATION: Franklin Road and Meridian Road LEGAL DESCRIPTION pF PROPERTY: Please see Attachment A. PROOF O OWNERSI-II>' QF VALID OPTION: A copy of your property deed or nption agreement must be attached_ Please see Attachment B . PRESENT ZONE CT~ASSIFICATION: R-1 4 and RT (Ada County ) V1<CINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property Lines, streets existing and proposed zoning and such other items as the City may require. 1" = e1~00' Please see Attachment C. StJRRC7[JNDING PROPERTY OWNERS: A list of all property owners and addresses within. contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) Please see Attachment D.' DESCRIPTION OF PROPOSED VARIANCE: A variance to Meridian subdivision Ordinance Section 9-605 items B6 and M to_allow a street with a temu~rarv turnaround longer than 45Q feet and t allow oven flow of the Eight Mi~P ratPral nc3 placement of fencing inside the lateral easement way at a loca n acceptable to the City and Nampa-Meridian Irrigation District. SIC,NATURE: CITY CO N AIL RECORDS Date Received ., ('itv Cou cil H 'ng~ate Received by • • APPLICATION AND STANDARDS FOR VARIANCES ~. 2. 3. 4. Address of subject property. Generally, south of Franklin Road and West of Highway 69 (Meridian Road). Name, address and phone number of applicant. James H. Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 Name, address and phone number of owners of subject property. Jim Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 Art Troutner 707 Troutner Way Boise, ID 83712 (208) 344-5956 David L. Nordling P. O. Box 7705 Boise, ID 83707 Paul Troutner 629 W. Richmond Lane Boise, ID 83706 (208) 344-5764 Dennis E. Heeb 3430 Americana Terrace Boise, ID 83706 Edward Jenkins P. O. Box 6106 Carefree, AZ 85377 (662) 488-9209 Proof of ownership or valid option on the property or a contract interest therein with consent of titled owner. Please see Attachment B. 5. Legal description of subject property. Please see Attachment A for legal descriptions of entire property, L-O zone and C-G zone. 6. Present use of subject property. Vacant and surrounded by Urban Development. • • 7. What is intended to be done on or with the property. Limited Office (L-O) and Commercial General (C-G) to allow office development and general commercial development for Meridian tax base. S. The district that pertains to the subject property. Zoned High Density Multi-Family Residential (R-14) and Rural Transitional (RT) by Ada County. 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed District and such other items as may be required. Please see Attachment C -Preliminary Plat at a scale of 1" = 100'. 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. We are not proposing to construct any buildings as part of the Variance. 11. A list of the mailing addresses of all property owners (from authentic tag records of Ada County) within three hundred (300') of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered. Please see Attachment D. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. 1 - We have been instructed by Ada County Highway District (ACRD) and asked by the neighbors to extend SW 3rd Street to the north property line. SW 3rd Street is longer than 450 feet. In order to extend the street to Franklin Road in the future, it must be a dead-end with a temporary turnaround for now. There will be adequate fire hydrants installed for emergency use by the fire department. 2 -The City of Meridian has requested that we not the the Eight Mile Lateral due to a concern about small children getting sucked through the trash rack openings which are required in a large pipe. In order to the the Eight Mile Lateral, a pipe size in excess of 49" would have to be used. The City Council asked us to apply for these variances. Similar variances have been granted in other projects to the East and West for the same reason. Variance Application -Page 2 • 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. 1 -Section 9-605.B.6 - 450' length of street. 2 -Section 9-605.M -Tiling and fence placement. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. 1 -Property owners would be denied road access that has been specifically requested by ACHD and the neighbors. In addition, a continuation of the urban street pattern would not be allowed. 2 - If the Eight Mile Lateral is tiled, it will result in a higher potential for death of young children due to the size of the pipe and the trash grate. Also, if easements were left at 30 feet on both sides, that easement would create a patch of weeds that would be an eyesore for the City of Meridian and the occupants of the business pazk. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. 1 -Neighbors and ACHD want to extend SW 3rd Street to the North. Also, the desire to continue the urban street pattern within the City of Meridian. 2 -The Eight Mile Lateral runs through the middle of the Troutner Business Park. We would like the business pazk to look attractive. Allowing the fence to be located closer to the canal will decrease the presence of weeds within the canal easement. Also, the business park is located neaz Hope Arms Apartments. If a child happens to fall into the canal, it will be much more likely for the child to get out if the canal is not tiled. In addition, the canal is not fenced right now. It will be fenced as part of the landscape and easement procedures. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. 1 -Neighbors and ACRD want SW 3rd Street as a stub street for eventual connection to Franklin Road from the Troutner Business Park. 2 -The size of the Eight Mile Lateral dictates a pipe size of 72". The City has indicated that tiling is not necessary or required in other projects with canals that need pipes over 49" in size. Variance Application -Page 3 • • 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. 1 -The City has approved culdesac length variances in other projects so future street extensions will allow continuation of the urban street pattern grid. 2 -Other projects have been granted variances to not the the Eight Mile Lateral to improve the safety of children and the public. In addition, variances have been granted to move fences closer to canal banks with the permission of the City of Meridian and Nampa- Meridian Irrigation District. 18. Statement that special conditions or circumstances ezist that were not a result of the applicant's action. 1 -Neighbors and ACRD have asked Ballantyne, et al, to stub SW 3rd Street to the north property line to allow for a future street extension to Franklin Road. This action requires a culdesac street longer than 450'. 2 -The size of the canal was not created by Ballantyne, et al. Beautification of the canal right-of--way is a request of the City of Meridian. Permitting the variance will allow more land for landscaping and less land in weeds. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. No special privilege is being afforded to the applicant. The applicant is following City policy of (1) extending the urban street pattern; (2) better landscape on canal easements; and (3) keeping the flow of the canal open as directed by the City. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan. The City of Meridian Comprehensive Plan encourages extension of the urban street pattern, landscaping along canals, and actions to protect the safety of residents near bodies of water. 21. A fee established by the Council - Base Fee $250.00 Certified Mailings ($1.42 x 92) 130 64 TOTAL FEE $380.64 Variance Application -Page 4 • • 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. This variance is not for the convenience of the applicant or for the profit of the applicant. These variances will require expenditure of funds by the applicant but are for the convenience and protection of public interest. 23. The property will 6e posted one week before the hearing stating that the Applicant has applied for a Variance. There must be a signed affidavit that this has been done as part of the application. Please see Attachment E. Variance Application -Page 5 • TROUTNER BUSINESS PARK Legal Descriptions 1) Boundary Perimeter Legal including revised easement on Fuller property: A parcel of land lying within the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00°08'25' West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00°08"25' West, a distance of 568.70 feet; thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58' West, along said east boundary, a distance of 1363.46 feet; thence S 85°41 '00" East, a distance of 147.41 feet to an iron pin; thence N 79°55'00" East, a distance of 523.37 feet; thence N 00°13"43' East, a distance of 142.37 feet; thence S 89°55'14" East, a distance of 790.42 feet; thence N 00°23'12" East, a distance of 331.66 feet to an iron pin; thence N 89°56'12" West, a distance of 128.95 feet to an iron pin; thence N 00°18'07' East, a distance of 663.24 feet; thence N 89°58'05' West, a distance of 663.25 feet; thence N 00°13'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00°13'48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE'/. of the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SE'/. of the NE'/.; M,~r ~ ~ ~Tr~G~- S/31/96 page 1 legals.doc 0~ s TROUTNER BUSINESS PARK Legal Descriptions • thence S 0°22'35' West, along the easterly boundary of said SE'/, of the NE'/., a distance of 162.32 feet to the POINT OF BEGINNING; thence S 0°22"35' West, a distance of 50.00 feet to a point; thence leaving said easterly boundary S 89°55'45' West, a distance of 533.22 feet to a point; thence N 0°22'35' East, a distance of 50.00 feet to a point; thence N 89°55'45' East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 0.61 acres of land, more or less. GINEER.~~o ~~6\ST fRE~~~ ~~~~ ~ ~ ~3~9G ~~ ~jf ~F ~0l. ~J fS 1. KE`~~~ q~~FA,t~r~4 5/31 /96 page 2 ~~ legals.doc • • i•,. CJrh~~r~ F'J,-~r~~,,~~ ;•~~,-; ~~~ v~~nt~"~F~ntAn,~lt,^; ~~~,.`~~--~' •~r. ^045 Thayrni ~'Iric,~ • ''.~r~rr, I~iahn n3709 T~ , , ;i~2 ,.,. .~r,2.^ Cvrnpich•~n^,ivo f'4cndil'7! 28 June 1996 I'i.P~' +I".~. Mr. John Anderson Nampa-Meridian Irrigation District 1503 1st Street South . ~ Nampa, ID 83651 F;,~~~. c,.~,~~ ~ Dear Mr. Anderson: na,~~,:,~,,; , .., ,•„ I am writing on behalf of my client, Mr. James H. Ballantyne, who is developing the Troutner Business Park in Meridian. The Eight Mile Lateral crosses this business park ,' running approximately from the southeast corner to the northwest corner. We have decided not to tilt this lateral for safety purposes and have applied to the City of Meridian for a variance to allow the canal to remain open flow. The other issue we must address is that of having a lateral traverse a business establishment and placement of fences. Please refer to the enclosed sketch as a reference for the following information. Fence locations A and B are the normal locations offences to the north and south of the canal to permit full Nampa-Meridian Irrigation District (NMID) easements on both sides of the lateral. We plan to leave the full easement with Fence A on the north side of the lateral for NMID vehicles. We propose to build the south fence at fence . ~ location (' at some distance closer to the canal than the 30' easement location. By building Fence C closer to the water on the south side of the lateral, there will be a larger area for r,,. . ,, , , business use and landscaping as opposed to allowing weeds to grow freely within the south 30 feet of easement. We believe this will encourage beautification of the canal area. Go• ,~: , r,,-~, ~ ; ~~ ~,i ~~~;.... ., We will use NMID approved vegetation within the easement areas. We would like to meet with you briefly to discuss this proposal and your approval involved with the site plan. ~, .,, Is there a time on Monday or Tuesday of next week that we can meet with you for fifteen minutes to discuss this proposal? Please let me know when will be the best time for you. ,,•,::,, ; , ,~. ,,,,, Thank you! r~n~,r ~,,,~ ~v Fvaiu;,t•~,~•; ~~r,;r•r:~ Respectfully, Man:+,7~~~;~Cnf r~~n„~„~,:.; Wayne 5. Forney, AICP `'`'"'" "'''" Ballantyne resentative of James H Re ,,~~, .. ,:,,u~~ . p Enclosure ,Z~, • • ~ ~ V A4 ~ V ~ ~ 0 ~ ~ ° .o s ,,,.o ~ _ ~ ~ ~ o ~ o , .., c~ ~ , ~ W ~, W ~ W ~ ~ ~ W ~ U o~ ~ ~ o ~ V w M w 4~ ' i I i ~ ~ ~ i ` i ~ ~ i i • •--+ W ~ i i i i i i ~ ~ i ~ ~ i O ~ ' ~ I i 3 i zs i ~ ~ o i ~ i ~ ~ O ~ i C-' ~ V ~ ' ~ ~ I ' I I <;'~~ i O ~ ~ ~ s ~ I ~ Z .~ ~ V I I V ~ ~ ~ 4~ ~ A ~.. '~ "~ ~ ' i i ~-+ i i i c+.., ~ i i ! aA .,.., i I W i i i i i V ! i ,,., ~ i i i ~ ' ~ ~ i ~ I i • TROUTNER BUSINESS PARK Legal Descriptions 2j Boundary Perimeter Legal including Fuller property: A parcel of land lying within the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00°08'25' West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence s 00°08'25" West, a distance of 568.70 feet; thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recon:fed in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58" West, along said east boundary, a distance of 1363.46 feet; thence S 85°41 '00" East, a distance of 147.41 feet to an iron pin; thence N 79°55'00" East, a distance of 523.37 feet; thence N 00°13'43' East, a distance of 142.37 feet; thence S 89°55'14" East, a distance of 790.42 feet; thence N 00°23'12" East, a distance of 331.66 feet to an iron pin; thence N 89°56'12" West, a distance of 128.95 feet to an iron pin; thence N 00°18'07' East, a distance of 663.24 feet; thence N 89°58'05" West, a distance of 663.25 feet; thence N 00°13'43" East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00°13'48' East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. Containing 39.29 acres of land, more or less. And also: A parcel located in the SE'/. of the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly comer of said SE'/. of the NE'/.; 5/31/96 page 3 legals.doc • • TROUTNER BUSINESS PARK Legal TJcscriptions thence S 0°22'35" West, along the easterly boundary of said SE'/, of the NE'/., a distance of 329.43' feet; thence leaving said easterly boundary S 89°47'06' West, a distance of 533.22 feet to a point; thence N 0°22'35" East, a distance of 326.76 feet to a point; thence N 89°55'45" East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. T fiP °' ~f /3/~~ ~O ~lE QF `~~ S ~~~fs ~. K~`~ T I~c S/31/96 page 4 ~i ~ legals.doc • • TROUTNER BUSINESS PARK Legal Descriptions 3) Boundary Legal of lots to be Zoned L-0: A parcel of land lying within the NE'/. of Sedion 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Sedion 13; thence West along the North line of said Sedion and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Sedion 13; thence continuing West along said sedion line, a distance of 362.70 feet; thence S 00°08'25' West, a distance of 45.00 feet; thence S 00°08'25" West, a distance of 568.70 feet to the REAL POINT OF BEGINNING; thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and 5588; thence S 00°08'58' West, along said east boundary, a distance of 1363.46 feet; thence S 85°41'00' East, a distance of 147.41 feet to an iron pin; thence N 79°55'00" East, a distance of 211.34 feet; thence N 00°08'58" East, a distance of 1005.86 feet; thence N 29°38'58° East, a distance of 170.41 feet; thence N 57°41'11" West, a distance of 161.79 feet to the REAL POINT OF BEGINNING. containing 10.81 acres of land, more or less. sT R~ ffG~3~96~0 ~r~ Oi 1p~ ~fS 1. KE`~~~ ~~ 5/31/96 page 5 ~ ~ legals.doC u TROUTNER BUSINESS PARK Legal Descriptions • 4) Boundary Legal of lots to be zoned C-G including Fuller property: A parcel of land lying within the NE'/, of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the NE comer of said Section 13; thence West along the North line of said Section and the centerline of Franklin Road, a distance of 1,328.20 feet to a brass cap monument marking the East 1/16th comer of said Section 13; thence continuing West along said section line, a distance of 362.70 feet; thence S 00°08'25" West, a distance of 45.00 feet to the REAL POINT OF BEGINNING; thence S 00°08'25" West, a distance of 568.70 feet; thence S 57°41'11" East, a distance of 161.79 feet; thence S 29°38'58" West, a distance of 170.41 feet; thence S 00°08'58" West, a distance of 1005.86 feet; thence N 79°55'00" East, a distance of 312.03 feet; thence N 00°13'43" East, a distance of 142.37 feet; thence S 89°55'14" East, a distance of 790.42 feet; thence N 00°23'12' East, a distance of 331.66 feet to an iron pin; thence N 89°56'12" West, a distance of 128.95 feet to an iron pin; thence N 00°18'07" East, a distance of 663.24 feet; thence N 89°58'05" West, a distance of 663.25 feet; thence N 00°13'43' East, a distance of 349.76 feet; thence West, a distance of 123.98 feet; thence N 00°13'48" East, a distance of 268.10 feet; thence West, a distance of 238.66 feet to the REAL POINT OF BEGINNING. containing 28.48 acres of land, more or less. And also: A parcel located in the SE'/. of the NE'/. of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the REAL POINT OF BEGINNING at the northeasterly comer of said SE'/. of the NE'/,: 5/31/96 page 6 ~ ~ legals.doc • • TROUTNER BUSINESS PARK Legal Descriptions thence S 0°22'35" West, along the easterly boundary of said SE'/. of the NE'/., a distance of 329.43' feet; thence leaving said easterly boundary S 89°47'06" West, a distance of 533.22 feet to a point; thence N 0°22'35" East, a distance of 326.76 feet to a point; thence N 89°55'45' East, a distance of 533.22 feet to the POINT OF BEGINNING. containing 4.00 acres of land, more or less. ~GINEER-~~y ~S1f~Ep ~~ p 6~~9G ~ ~ ~ i QE 1d~~ A ~~ 5/31/96 page 7 ~ ~ legals.doc • ~~~' ~~~"' ,~;~.. . ,r_, ;;,:,, , ;.,~:~, `.~,.;`. ~; . ~'a" ~~~~ . wARRAtm DEED FOR YAW E RECFIYED. Ft1CMARD ~ 11DAIdS Id1d ROBERTA L I1DA1R9. hidi~irl0 ane wt4. Crarrors. do Mrebi' OrsR. ~->~. set ahd axtwti wee RbWAaP Q ~ENY(11tS tand sn.Lrfg O. JEtlKlli9.t.dbar>bsrowlra.f3rr>r~4~whoirataddns~e- ~ ~ u•,rw~d e'.+aewca~ . f .~ to f ~ tc r . an undlvleeo t t).9375'X, ttt+etn~st Yh II>d ~d lfre Ivi1 popsRy dMlatrad an EalrtDa "A snacttad trrsto. wtllDt b IocsReO to AQi t;oUfl[~. idaltp. pgsfd b ~ •acsAtlors. r~aae~vattona. Inaltt~ts. i~ru, ueanrenea, and rtptrti o1 way d rerixd. t<rA+anp ix~t rrpl llnt.ae to e:catx~++ and leaeKiaan! OOrltana0 r+ t?Star'r~ ~++ tfre Urtisd ti,nw. es>alttp ~~ as taI roads. tttpMr'M• daF'sei. ntlab. Wereb- and porrsir ar4 barM-HleiStQrr ttetas, and CrrrderlM IrrCwdenl b tits nGWSi~a d ~ (ard wytsr ttte ppwwanss d Cr0 Natrpal~larrd-wt ttnprnn t]WncT- TO HAVE ANO Tp MOLD Mle Site prlttYess. errttl lhetr apptlN~>rWt+Al~. unto ttre card G-eneas. t+xe tr,rs. s+~meraors arr0 swOfe ta:evtr. GfifllDiS d0 fwtrby t~ t0 and vNh Q That tlMr an the Owners ri lee Serptw d sad undtilda4 ~narest m t-le pratuses and tt~t sad p,errrses are tree s~ tlear from au el+wrrnrancss, AHO THAT THEY YNIl WARRANT ANO QEFENO the Same trOrrr en tawhrl ttasns wt47gnever. SUB,lECT. HQw£vER. Io fns eacsrpora 1eAetl on EAh~+I "B' asacl+Iea hersro. ' IN t~TNE59 WHEREOF. (,r`ryeprs navy hereunto eaewteo the wana.xr t7ee0 this ;. _. t~ day rat y-: 7%,< ~t~~ .1993 1 ~. asg.7 - GRANTOR9: FIR.~7 Altilcn;,".AN TAT! E - r alct,i~~t= aoa~ls WOBERra~ aUaMS (~l~ ~ .~ ' STATE Of IpAHG ~r, 'h~'fi. , pn tnrs .7 C ~~ day d ..~~-C,_,- l"i ~ , 1997. betwe me. a NoTarr Dubuc n and fa saw Sta1a. per50ni+ry appeare0 RtCttARO L- AOAM$ erd ROBER7A L ADAMv. MlrOwn or p.rrtrA+eC r~ me >o bd the persons whpye rrar-re5 aye sv4ser+4ed +n the wrtnrn a.~0 bregorq a+strumenl. ilr't] atf.rcwledpe0 to me Iha1 A!y SjOQneA 1!hB Sarrrr tN wtTrsE$S wrtEREOP. I nave nercwrno sw my nano ahrl tHfaeq my bf/w-r~t ;:eal a-e cay and year m Iht3 e9rt111Gtte Ir<St ibObe wraten. . ' .~ :v J i ~~ {!. ".....tip ~~• .~: . Nr7tary PubGC f +defb - 4 -_• Resl~rrp a'I ~~i/ uay cnnvruscn elrr~ror . ~ ~r 7 w~uNr>' DEED, a I IkZT74C1~MElor B ak 1 ob ~ ;,~,. ;• '3~ 4 :5 ~. .7 .., 1r180003a1 ~~ 171-~9~1] ' Your Ne. TADD11ttR, RT AL/.7~II1 SCxECVL~ $ - anion ~ ntc~trona Any policy ++a iaau• will Aav the tollorin9 •xeeptlona unlaaa thrr Ark take Cara of to our aati#laction. PART I: 1, Taxaa or asaaaamants which era not shown ar •xiazinq llrna 4y t!,• recarda of er~y taxing aatt,ority that i•viaa taxes or asseramenta on real blopsrty o; by the p+>Diic rreerda. Z. Any facts, rights, iritrre~t, or alaisis which era not shown by the public r~corda but which could ba aecartalt-ad by an iRSpeation o! said lane! ox by making ingvisY o! paraona in poaaaaalon thareoi. ~. Eaaement$, olaios o! eeses.nE or encumbrances Khich ace not nhown r'Y thr public rseordr. a. Disarepancier, cantlicta i:, bauntlary linos, shoctage In area, encroachments, or any other !acts which a corrac[ gurvoy mould d1tC)oae, end which are no[ nhovn by public record3. 5, (a) ve,patented mining claims: (b) reservaeion* or exceptions in patenCa or in ~Cts auLhorixing the issuance thereof; (c) va[er rights, claims or title to vator. uhetner or noc the matters excepted under (al, (G1, or (c1 a~e shove by the pu611: records. ~, Any liCn9, oc rig2.ts to a liars [or aerviGCS. labor cr materiyl theretofore or heraa![er lure. aped. imposed by lam and not shove by the public record9. continue+i 'Fhe foregoing nuttbereci excaptio~ s ;1-s) may to eliminatmd in an Ati:: Extended Gove[ege Policy. EX~l~iT ~ YCSTMG1~M~r g Y4 'L aP 8 ;g~~ ' •~a~~, ~'. q.; 1? . a~. • .~1t,,„I ~ . • ~ i~~.1'. ;~ u,i',' FJ1~89~ 17 • ~ Your No. TROLTtNER, E'i' AL/J&MIN sCxe0CL1i s corRlpvEa ~ ` ~~:'~ 7L ~ • • GMUrei sled 8psoial TaYas !or th+ year 1997, era an accruing lion and goo yat dua or payabia. ,~ A.~ Liana, lavias and asaasasanta of tta Nampa~Maridiae Irrigation Diaht'ict, and tha sights, powrs and aasamants o! said District as by lam provided. (Abona nus~r S43-iBes. !or aaaaaasant tAtorsstion~ ,f 9. ]1r~ tasasapt over said land in ta+ror of THE 1tOl!ltTAiN ~TL-9 TELBPltOlli 1UID ~d Cp1D'J1liy, for ca~.unication taailiti.a and incidental purpoa•a ay sat lortri in an lnstruaNnt recorded October 11, 1979, is Instrument No. 7956065 official Records. ib. lla Easenant over said land in favor of TnL ltOQNT1-IN 5711TLS TE7.Ep1lOME Nf0 TQ.l4R11Flf COt~ANY, ^ Colorado, [or cossunication laeilltie^ ud incidental purpoof^ s^ ^•c forth in an inatri,gomnt recorded Smpis:+bmr 17, }.9aI, a^ Instrumvnc No- 92]9ds7~ Official RtiCOrds. 11. 5ubieot to the P.SgRt N11e LataraY': a~T*~+~.r~ s va a ~ s • L}~ ~,~ '~y 4f, • n 1 . AIM DBSD CRA1iTOR ~~ GLEN L. HV'n50N sAd IMA P. FIUt1sbN, husband end rrifa. dRAIi'rEB= GLEN L. I;(TDSON AND 2MA P- I;tTDSON, A9 CO•TRUBTEEg OF TY.E ¢LS1i AND ILIA HUDSON TRUST VTipER TRUST AGREEMENa DATED i4AY 19, 1489 AND THEIR 51185TITVTE9 AND sVCCE550R5 AS TRUSTEE THEREUNDER. CAAN?EE'9 ADDR2:eSr 1850 N. $lac>< Cet Road, Y.eridlea, Idaho 83042. DE9CRfPT10N OF R:.AL PROPERTY CONVEYED SY T'~IS DEED: :. potYints of the Northeast QuarteX of Sectson 13, Township 3 iac- Renpa 1 waat, Saito MaridiaA, Ada Count/, Ida1r~, more pe_-ticu7arly de;:::~s~ ns follorra Commeucinq at the East qua''ter rarnsr o; sand seetlon 13, s~~ p_~,; being Gammon tb Rafd Sertlnn 13, 7. 3 rf., R. 1 w-, 8.1a-, aad 3a:~a:, .B, T. 3 x., R. i N., E.M.: tbencr l7alth 0°22'35" Eaat, along iha Section liAe common to said Sernar.6 _i apd 18, 1060, 23 fast to a paint, said point Dalnq On ins Souiheaa: come= of tiaa North hal! cf the North Ralf ai the Soxltl7east Quarter at the t.r..ha~s~, Qcartaz (K 1!2 N i/2 sE 1/4 NE i/4y of sand seCtioa; thence South 89~47~06" west along the Southerly ]ins o5 said !: i; 2 rr i;•2 SS 1/a ptE 1!4 rr -axtioA 19. 533.24 feet to a point, said point being :he AEAL POINT Oi' SEGINNfNG; Lheaoe Contiauinq aSon4 the said you:he::; lin• South 89e47'06s Best, 790.57 ieet to a pols}L. beinp :ha Southwest corner of Ilia ?t 1/2 H I/2 $8 1/4 NE 1/4 of said SseGOn 13: thence North 0°13'48" Ssat, alanq the tRast~lY bouadary of said SE 1/: .~~:~•: , ~ N8 1/4, extended, said iine Seine the 1/16 IL'ia of said SacOOn, 7».15 felt . a a padat oA the center lies of 8IG?i'l RILE LATERAL; thence South 57°Og~46• Salt along tho ecRtar line ai EIGf•IT MILE :.:,': ER.4;., 786.39 iest to a pout an the Northerly boundary of said N 1/2 N iJ:. 53 1/4 ' NE i/4 of said Section; t2fenea ,. ••.~.;~pVITCLAIM DEED _ $aqe i of 3 Pages ~~ ;. F.,fiy., ~; .t• -tm~c-~aa e as a ac s t~rR~t",;;:: ~~ ~. . ~~5 ~ • IQ tying t7O~i11 of the • ' ~`' 13: t?~ea~e seeCJ,on ~isb iaL~ •:", .. sEi'~S' , ~;~liosl~'Q'~'~~"'~vt1~307:00fi~4"r~4~'Y~IIAai7f ~ said ltec~n . `, . .~ . ti , .~ _ ;t3RD.f~'il1Ati Posil'Jt,4! SSd»1Rgi0i:t'ha~ca''; : r y;~:.* ;.~.~, ~. ~,tiy ' - ~ IPO~'~3S'83' lfett••i,3]:2t ' . ,~.. ` T4 an raaeman! iR fever oe N it D, InC„ an Idaho cor~iration, foi Xqa~ es ~ !Cxffi 1~J" puitrlalm DMd se~parded AYCtcit lI, 1979, as Instratasnt ' lfe. 79iS612. O~ial Rera~da Ed Adi Cdaaty, Idaho. sub~eat to aII eacu~aacee l~YOlf: . , ' ' .X4R~:v~LTJP.• AECaIVSD.' tb9 aDotn-gamed Grantor does he: aDy pp~yy~~ ~; 17m1a~~: isld lOS7V1~ 4iTI'PCS.A~[ ttsto t1~e ebcve-nerved Gruitea, tt•a ~eatpt^,^sx'!Y above 4+rKimad. tnq~Ix >d~ shs apptsteaarcee. ii Qi9Un SO! aatat~ yliat~laq pltrpC~see to vat t2tle to txe ~. ~ Th31 dMd " ~ _ I , . f p~open!•Y ~ a rwozablf ~vfn~ must •it4b]iahed by CisAA~ PaX'e4rs • TLnte fa no -I 1 I ., .. vyuab>• ooasfdrrxtla~t'Sa:~CSSt? or p'-'clasilY• I I ~ ~ ' ' •• DATRD~~~ ~•:~: 2989, l;< ~. r ~ w t ..ri C(,rG -•~ ' ' w4r s•, ~ ' f • tip ~` f , ~~•~` ~ ~ - .7V ~~i 1`~+. ...ems ir.• • Y, . _. ~ _ • ~ " ••ra y .,mac ~•. ~. :~~M .~. ASSD axBaSfe'Z ot•3 Pa~ai ,:>•,,a'">;~~~ :.~; ,.''°~ i , r•Sr. ,'...~aa~ ` .., >r•`.T. ~-,~~ %w~3'~4'-:i,. ~.~ ?•.~i9'h+~'!"i~~`T._5~'~?M.'~!c_. ". • r"" . ~~". ~•'+'~ t~ r "7?7, + ~~N'm~-sTATE OP IDAIiO ~ . , ° . .. . r~'• a . a l~ ~~: COUNTY OP ADA ~ s'~• . .. _ .' , ~,,;~a. a: b, w~~:•~}.•• ; • - Ori tLL day o! ray, 1989; •D.faa~ .~ : ;,;', ,~~;, ~~.,aP,~• ^' . ' m•,.a lfotsrY~ubita to and tos said slater, -'~''° ''~i'~f `""' ,"~' ' ' p.rsana]ly arp.arad as.EN ~. ~LtD90N and , "' z;,=~7 „ IAttA P. xVAsON. kriwa Or 1d.ntilf.d t0 as ~ .. •,~ to ba paraona xhosa paaus Idn aub- ac~a to tba tiotThia lnaLevmaat, and aek~ . nartl Q to ma that wd tba ~~e~''! R oss.. r6f ~~ ~ KQT~,~~ t~ = comm. ~..: ° ~~'._ ~;'; *. 4vB L~Q ~~ ' •~ .~ 'l~.,, ~~~ .~: ~ . - :,.:~: . , .;,' - - ..r ,!:~ QttITCI.A.TM DEED + Page 3 of 3 Pagea ,l.~" •;. 'infi.~ixtst>k'~r~J1WEg'~•A~''~'i and'.;~M7~AY~ ElILLRDi'l'RN8'""~1fn"sb~dnd~tiat~d=wita ~~~'','~~`"''' 'a~~is; tO~~;U'a9LZs~{yndllvidetl~~q~8sti; W-'11'tD,;•~:~,I~iORa~tG~°arid~,Xa~]~•~~RULII~Q''~I '•b~ist~aa~:aad;;rrild~~;'.'ai~,~; a"•H,6'~,75~:',andi~,dad•Tii~~ereatt~'ba(~;~DE~iIS~':13:~~8r'-;a'•:~ ~ ~N ~•siagls l4aR:•~~tD: ~a ~r"t:i9tta~ndiirided ~3s~terasC~~ those:°°L-~ureaG• addYSSSes• are;;'~r, ;q~ ","lojo ~Irl~sgtydl~~La~d'Co~jianY'~,;47ZD.~Pt~i~viaw''AweAUa.:~.8oi.~se.`•.ID~ 93706, - ~ ~:;?~ 4 1 1 V • • 1 ,w y. ~ Y+ J+' . ~•1 • .., r ~ Irr 1 • . ri . r ..Y •'••r.. r~•ri~».r. •. °. ~'~;: •SY,;rl ~i t A,•Iwrx •• ;~ ~~ I ~. .' •~ ... ~. ,. the ~gr~lses; tha f~lllewidg,r de9dxi~ed. prr~3sea; eo-witi: illi first part O! the South~+191at quarter of the 14ortheast ' gnaEteE of Gha Northeast quarter of Seetioa 13, Tovn9hip 3 North, Rangs 1 Neat, Boise 1~eridie+n, Ada County, Idmllo, lylaq Nos"Gh o! C:ra a>risti.pg cantos line o! Eight Rile Latersi o! th4 Mampar and l~leridiarr Irrigation District es the same is nov eollatrsated over and across said land. said pnresi is appraxisrately six acres, more or leas. Together with aii and singular t.`se Genelaents, here•iitaillents .and appurCenaltcas thereunto belonging os in anywis, apper- tainingt and all voter, Mater rights, ditches and 3itch rights appurtenant thereto or eonnncted thereWittl_ Subject to all aestmrsrits end rights-of-say of record or appearing on the land. SU~.TECT TO that certain Deed c! Trust wherein N b ~~, Inc., an IdehO corporation, is the granC~r, Tide and Trust Company, an Idaho corporation, is the t>?uscoe, a:,d Eugene P, R~~ss and Barbara J. ttoss, hu$band and wirtR, arc benP>;iciari~as, d~.lc~d the 16th day of JW'1C', 1992, tiYecurdA of Ada County, [dahn, ant.'. the dd a of trust indebtedr.e -i securcld thr.rcb•~, wh rC11 ~n~d aE Trust and deed of r.rust indebecdnoss >,s not aSSumplf by Gru:r~ecc herein. Gr:antot does further Canvey unto s:si(~ Cr.antr_cs Lho _ ca:-Catn edsrmenz rreat>.ny ingress r+nri ~=press roaw++ays for :L~ LI` of ~.: < ca.d prEmise., as particularly ~ascribcd on Exhibi•. ".." .,ct„~,w hereto and by this reference incorporated her4xn. 'tCl l1AVF. AK:) TO !1(1Ln the a:~id Inrlrriaea, ~^ irh Lhcir srlq+ul•tr•u.rncrs un~a uir .~:ud Gr,lnu :, their heir. ;lnd ba~ijgrA fnrnvrr. Al:d lh~: .sr~f l:r:.nlnr r!nr•s hvrrll.• .•r.~l•1 .~1,1 t.. ,Ind with ihr x:riii (:rani•~ . lh~t xbs it i5 the ut~n~•1• in flr =inrl,il •,f ::;I d pt1~^~1.o-R• tl::~; e:,id plen,ise~l:ue frre irclmmll incurt.F,rAnrpr, except curzent taxes and ass.-ssmenca, •«r~•,irh are a lien but not yet due and payable, anu aasemencs a:~d rrr~tr>,r.tio:ls of r2COrd or visible an the prerni5es, and that /;rye wil{ +~'4r'Panl and de!cnd thr r:unc hour :rll lau ful eL•lirrti ~••n:~twl~•r,•r. aiVi DaCed:~. •7~+r 148. ~,r~~r .~'9K .SP.EI~,C ,_.Se.cretarK. '1 SYi-~~ q~;luAlro,'raL~r:TY OF ADA i • On eli:^ ....1/y•~! d^s rrr June , 1962. rj,for~ n;t, a er•I,arY puYlie in and for t.~ld Sur., perF~nalty lyp~tr,d `• tiOi~MAN G. ~'I3LLER acrd 51i11NNON f $61~IyR •.3~i'stlwrr<l t0 .mC CO bQ the Presi- QzY'ti'~a}h~,;~~creCary, res~-eceivaly, of he above-Hamad corporation, and kngg..n ru~^'r ~c. h, llr! yra,aon6 wh a n^I++!$ sTt: ` ,u6:e~~ndt~th9f•i~l1~l~S~r~~'~~']~~~~4nnriodrld r• I` m, Ma raid corporation a.w~ed lba Frmc RHSdinR rrt B01Ci}1d'+hu ~ ~ (emm. F.rcpiret . °. .. _._._. _...__ N 6 D, .T.*rC. ' a E ~J - - O- ~N G._FtJLL R, _ esl er.t_ _ _ RTa1'!: OF I11Allr), (:i1Ut~T~' OF ~~~ ~ S henbl• t.-srfy rho! hi: 1_:slrvn.~n; x.^ ~I;.J !ter I.,..,II !t lhr r. rluerr or tawpers Tetle n ~y al r~ ~ rnin rU . yasl J vlnck m„ this ~~} day of ,~'.{h.y~~ 7 y ,~~. Ir. my aR~ca, .a 1 dul) rel•..rde1 rn lioc.l~ -~•,,. or ncrdR at pale - •-•- JI~HN BA~TiGA V~ I)rpa~y. P.,w { .~ ?1a11 tn, 7 u. l c' m a d~ • .;~.~ , :7•, ~ .. , • ,, ••t~r - iaooimIli3 iispv~s~o slt: sratA~ sass ,ram Rsco~~ fa-sz :o: suQO-s tmats c1o Tdi sls~Ildl 5217 p~l[iolt 1111 MOili, lp 0]7oi-1512 .r;t,.: ~ ; r ~ .~;.950~~999 ~' ADA c4. ~S~LORDER ~, o,;ri~ -r./.vas ~0 19F40o0~gs $Q~SE '95 ~4' 1~Y1'ie fEE ~~ _ ~CORYtL• . .IEST OF iD-IL ?J1~ ~ASp~lRB TO: Ialil !1 lraueeee aM Lone M lreuL'sar i=! 1Nast 11E1~ers1 [.ane blse, t0 1370E t-arwl ra~-llall _- TAUST '1'lIFINSFI"R D~~D Deelraeneaey tsamLee tut !a nests. My Cansidaraeien. laYl X Trou[rla! and Iona !! Trbulnsr, husbard and rat• hec•by t%aJJrT eMir in[ereaL In tlla 6elw described pteparty to "Paul 11 TreYLh/r and Lana M Trrartnar, •a Truacrrs OC TlIC TRUST Or PAUL 1 l7NL 'ntatTJZEiI' rIM [eilerinq daser30+d property, to r:lr ~euncy of ADJ., Stier vt Idaho: All tMC past o[ tha byV e[ eM MLV e[ CMa MEti of seceaon 17, T a N. N 1 w. bolas MCidlan, ids Calanty, Idaho, lylnq North o[ tM aaastinq center :ins e[ 6lgdte ttil^ 1+[aral of ehs baspa arlo Maradlan trrigatien Distract as the sa/oe l1 nOV oonatrliC[ed owe and serer! ss-0 land. bawd parcel is app:oaisa5rly sas acres, sot• er lesi. sogethar rith all and sanqular chi tensnc~s, harrdt taarnts and ay+pur!.nem. .. tharaunto baloneiha or in amyrtaa apper[a lntnq,; •i! racac, rater right s, d1LChea irtd ai tch rights appllreenanL ther~te ar Connwcteo thrraui th. sublsce to all •aseoenta and caghts of ray of rac..rd or appaarina un gin. :+,i.r. SUOJL[T 70 that certain Deed et TrwC rhereln K t D, tnc „ •n 1d+hb cc-poratlon, is chi Oyan[os, Titl• anu Ttwt Company, an Idaho corp~•~r+r,:•n. .~ th• trus tre, and [ugane P. Noss and earbat• J_ Aasa, husband and Ott«, .. r. perlrllrlaft•s. daLeO the 35Lh tl1Y Ot Junr'. 19e2, pacords OC Ada Cour,cy, [a.thc. •nd Che domed Pt trust Indebtedness aeeUred [hereby, rhlch Deed ~[ T'uir and deb of trusC Inds btednere is mat •astaw-d by G[~nt wrs herwan, GrahCOr ee,rs turth.r eoryvey unto sold Grant•ei that cerL+lh -+s~+,.nc •:rn.tt lnq lnpresi and agiass teadri~! [or the benrtit at sand ptryaisei, ra i'+::scula;ly dasecabed on RMhl bat 'A' •ttachsd herote ins by th-s rrterence inrr.rpnrsr.d Dated: ~~ ~~~ „~ / pa~u~M T~outnar STA=L 01 LGNrn ie r nwr ply ~ belvr^ r, personally, app.+r.d D+u: N T[OYtn1r and IOM it 7iou CTlei krlorrl or ti lad [9.Op„for prOVed :O me on the basis e1 Na[iiiaetery avldeneel to be eM pe~stirl(il uNea• namalst ace sttbset'ibad [O Lha raCAin inatruatent, aM acknor~ dAed [olse •.RIaL rdry executrd t~ls saes. !d Y1Cnsas rhsrb~! i hays heeetYlto as~;e]i h~rill-•nd~atta><ap ~^Y e[[ieial •aal eha clay and year in this EeeLlLtt~Ca [;eat a~sq-Se vrle[en. .. ~, Y ~ r .~. ' f. ri .~ '! • 'ti. A~rgcqrv~Nr 9 Ph B ~ S • 300' People for Troutner Business Park Updated 14 June 1996 HENKELS & MCCOY JOHN D & SANDRA J GOADE CHERIE MCCURDY JOE PAULITS 5855 BECKY 580 LYNHURST PL 985 JOLLY RD MERIDIAN ID 83642 MERIDIAN ID 83642 BLUE BELL PA 19422 RONALD S & RITA LAFEVER JANINE B & MICHEAL WEWERS JAMES H BALLANTYNE ET AL 560 W FRANKLIN RD 550 LYNHURST PL C/O SIMMONS & CLUBB MERIDIAN ID 83642 MERIDIAN ID 83642 410 S ORCHARD BOISE ID 83705 HAROLD W & PHYLLIS C BRISCOE RUDOLF ZANTMAN & LAURA ALVES 650 W FRANKLIN 510 LYNHURST LAWRENCE & J'DEANNE RACKHAM MERIDIAN ID 83642 MERIDIAN ID 83642 1260 S EAGLE MERIDIAN ID 83642 MERIDIAN BOWLING LANES INC MYRON R & MOIRA R VINER 2710 LAURELHURST PO BOX 1240 JEORGE S & LAREE G FISHEL BOISE ID 83705 EAGLE ID 83616 PO BOX 673 MERIDIAN ID 83680 WILD SHAMROCK PARTNERSHIP GLORIA JEAN LACY 12301 W EXPLORER DR #240 623 BARRETT ROBERT & EVANGELINA MAXFIELD BOISE ID 83704 MERIDIAN ID 83642 RT HC67 BOX 2050 TERRY LYNN HARPER DALE A BABCOCK CHALLIS ID 83226 582 KEARNEY 651 BARRETT MERIDIAN ID 83642 MERIDIAN ID 83642 DENNIS R & CHRISTINE A DIXON PO BOX 350 MICHAEL JAY MOORE L DAN & LEAETTA L POWELL MERIDIAN ID 83680-0350 532 KEARNEY PL 1136 E CAYMAN DR MERIDIAN ID 83642 MERIDIAN ID 83642 DONALD L & MARY E BENNETT P L & M P WOOD REV LIVING TRUST GALE J MCNITT ELENITA WESTBY 4750 S MAPLE GROVE 492 KEARNEY 693 BARRETT ST BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 HOPE-PONDEROSA OREG LTD GRANT R & LISA DAWN CURRY ELIZABETH A HEWITT GUARDIAN MANAGMENT 511 LYNHURST PL 691 BARRETT ST PO BOX 5668 MERIDIAN ID 83642 MERIDIAN ID 83642 PORTLAND OR 97228-5668 KRISTINA D KECK DONNA M & AARON F HAWLEY ALLEN LEE & DIANE CENTERS 551 LYNHURST PL 676 FULMER CT 1721 SPAULDING ST MERIDIAN ID 83642 MERIDIAN ID 38642 BOISE ID 83705 STUBBLEFIELD DEVELOPMENT CORP DONALD I & CHRISTINE M MACE L..i N & D INC 2258 BRADFORD AVE 530 LYNHURST PL PO BOX 851 HIGHLAND CA 92346 MERIDIAN ID 83642 MERIDIAN ID 83680 DAVID D GATES BRIAN D & KART L WASE RUSSELL E JOHNSON 552 KEARNEY 490 LYNHURST PL PO BOX 381 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83680 CAROL A SETZKE JUDY RAE COLWELL HOFF COMPANIES INC 512 KEARNEY PL 631 BARRETT ST 280 E CORPORATE DR STE 200 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 RANDY WINWOOD DENA S CROASDALE JOSEPH & CAROLYN CHANDLER 1401 59TH STN 633 BARRETT 598 W FRANKLIN NAMPA ID 83687-8515 MERIDIAN ID 83642 MERIDIAN ID 83642 DAVID J BROOKS PATRICIA A SIMS LLOYD O & LORRAINE K KENNEDY 531 LYNHURST PL 671 BARRETT 702 W FRANKLIN MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 CRAIG M & DEBRA L CAVANAUGH JOHN A BALL ~~ 581 LYNHURST 673 BARRETT MERIDIAN ID 83642 MERIDIAN ID 83642 ~~ (off ~.. AARON T SHARP 696 FULMER CT MERIDIAN ID 83642 SHERYL LEA MOORE 656 FULMER CT MERIDIAN ID 83642 YOLANDA N SCHILDHAUER 636 FULMER CT MERIDIAN ID $3842 CHARLES M & DENISE DAILEY 623 FULMER MERIDIAN ID 83642 CRAIG & ANGIE M FRAZEE 653 FULMER CT MERIDIAN ID 83642 MICHAEL J & STACY J SAUNDERS 678 HANOVER CT MERIDIAN ID 83642 GARY E & KANDRA E FRANK 51 EDEN WEST RD PESCADERO CA 94060-9727 RONALD C MANNING 626 FULMER CT MERIDIAN ID 83642 WILLIAM & MARIE MARTINDALE 633 FULMER MERIDIAN ID 83642 LAURA M YELTON 673 FULMER CT MERIDIAN ID 83642 JOE & DEANA WILSON 692 HANOVER CT MERIDIAN ID 83642 KEVIN S & RHONDA L HERRIOT 658 HANOVER CT MERIDIAN ID 83642 MICHAEL P & LINDA L KLINGNER 4171 CRESWELL WAY BOISE ID 83704 RAYMOND J & PAMELA R KUTCH 625 HANOVER MERIDIAN ID 83642 CHERYL A MCCORMICK 655 HANOVER CT MERIDIAN ID 83642 RODERICK S & PEGGY SUE YEAGER 685 HANOVER CT MERIDIAN ID 83642 KEVIN J EVERSON 3217 STARLIGHT AVE CALDWELL ID 83605 LJ DAVID W & CARRIE STUART 624 PENNWOOD ST MERIDIAN ID 83642 CANDACE SUE BOSSART 622 BARRETT MERIDIAN ID 83642 JOYE L SNOWBALL 624 BARRETT ST MERIDIAN ID 83642 SHIRLEY HOOK 635 HANOVER CT MERIDIAN ID 83642 GARY B FREIRE 467 PRINTZ RD ARROYO GRANDE CA 93420 DIANA J STANLEY PO BOX 647 MERIDIAN ID 83680 ERMA C CANFIELD 654 PENNWOOD MERIDIAN ID 83642 KENDALL B KELLY 604 PENNWOOD MERIDIAN ID 83642 MARIANNE WEIGHT 632 BARRETT ST MERIDIAN ID 83642 JOANN BULL 634 BARRETT ST MERIDIAN ID 83642 ROSA ROGERS 652 BARRETT MERIDIAN ID 83642 ALBERT L & DIANNA L MARTINEZ 654 W BARRETT DR MERIDIAN ID 83642 RANDY D & BETH J WARE 10464 SHADY BROOKE DR BOISE ID 83704 KENNETH JARRETT & BEATRICE BRIGGS 692 BARRETT MERIDIAN ID 83642 EDWARD & MONIQUE LOUGHNEY 10012 LAKE SHORE DR NAMPA ID 83686-9204 KARL B GYLLENBERG 672 BARRETT MERIDIAN ID 83642 KENNETH E DYE 38 ROSE CIR MERIDIAN ID 83642 • WILSON C & WILMA L BEVINGTON 2567 REBBECCA MERIDIAN ID 83642 BRADLEY C & JODI MICHAEL SON 46 ROSE CIR MERIDIAN ID 83642 JEAN L & BARBARA BIDONDO 40 ROSE CIR MERIDIAN ID 83642 KATHRYN WILLIAMS 44 ROSE CIR MERIDIAN ID 83642 HERALD J & HELEN B COX TRUST HJ & HB COX LIFE ESTATE 48 ROSE CIRCLE MERIDIAN ID 83642 ELEANORE J MARTIN 50 ROSE CIR MERIDIAN ID 83642 VERA M SCOTT 54 ROSE CIRCLE MERIDIAN ID 83642 JEAL E WARD 53 ROSE CIR MERIDIAN ID 83642 ALVIE D & MADELINE SCARLETT 41 ROSE CIR MERIDIAN ID 83642 LYLE E PETTY & JAMES D PETTY 2896 ITHACA BOISE ID 83709 MINNIBELLE HARDY 49 ROSE CIR MERIDIAN ID 83642 DONNA M WIEBER 37 ROSE CIR MERIDIAN ID 83642 ~l ~~~' '/ ~G Z ~ 2 • ANT C (~e POSTING AFFIDAVIT l ~l I, James H. Ballantyne, hereby state and certify that the subject property will be posted one week before the public hearing stating that an application for a variance with the City of Meridian has been made. Dated this ~ day of 1996 By: • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 6, 1996, for the purpose of reviewing and considering the Application of Jim Ballantyne, for a Variance Application for land located in the NE 1/4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at Franklin Road and Meridian Road. The Application requests a variance to the Meridian Subdivision Ordinance Section 9-605 items B6 and M to allow a street with a temporary turnaround longer than 450 feet and to allow open flow of the Eight Mile Lateral and placement of fencing inside the lateral easement way at a location acceptable to the City and Nampa Meridian Irrigation District. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1996. ~~~ WILLIAM G. BERG, JR., Cl CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 8, 1996, for the purpose of reviewing and considering the Application of Jim Ballantyne, for a Variance Application for land located in the NE 1/4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at Franklin Road and Meridian Road. The Application requests a variance to the Meridian Subdivision Ordinance Section 9-605 items B6 and M to allow a street with a temporary turnaround longer than 450 feet and to allow open flow of the Eight Mile Lateral and placement of fencing inside the lateral easement way at a location acceptable to the City and Nampa Meridian Irrigation District. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1996. WILLIAM G. BERG, JR., CI CLERK • MERIDIAN CITY COUNCIL MEETING: August 20.1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS Of LAW FOR VARIANCE REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~i~ J-~ ~~ 3~~ a~~~ ~~ J~ ~8 ~P~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF BALLANTYNE-TROUTNER BUSINESS PARK FOR A VARIANCE FROM THE CUL-DE-SAC MABIMID[ BLOCK LENGTH REQUIREMENTS, 11-9-605 M TILING OF DITCHES, AND FOR PLACEMENT OF A FENCE INSIDE T8E LATERAL BASEMENT FINDINGS OF FACT AND CONCLUSIONS ~~`Q ~~a ~~~~a~~ The above entitled variance request having come on for consideration on August 6, 1996, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for August 6, 1996, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the August 6, 1996, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- :_ 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 B 6., STREETS, requires that a street that ends in a cul-de-sac or dead end shall be no longer FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 1 • than four hundred fifty feet. 4. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4A. That Section 11-9-605 J, FENCES, 6. d. and e., state as follows: "d. Any developer intending to construct a fence on top of a berm shall show the berm and fence on the preliminary plat and shall include with the preliminary plat the design, placement, heights, specifications, and drawing of said fence. e. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence."; that it is not specifically stated in the Ordinance that a fence shall not be constructed within an easement of an irrigation lateral but it is stated that a developer shall show the fence on the preliminary plat and shall include, with the preliminary plat, the lesign, placement, height, specification and drawing of said fence. 5. That the Applicant has requested a variance from the Ordinance requiring that the maximum length of cul-de-sacs be no more than 450 feet; Applicant desires more than 450 feet, desires FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 2 • that a temporary turn-around for SW 3rd Street be allowed, a variance from the ditch piping requirement, and be allowed not to pipe the Eight Mile Lateral; Applicant also desires that it be allowed to place fencing inside the lateral easement at a location acceptable to the City of Meridian and the Nampa and Meridian Irrigation District. 6. That the Applicant does not state in the Application the length to which he will exceed the allowable 450 feet cul-de-sac requirement; the Application states that the City of Meridian asked them to apply for the variances requested and that the Applicant not the the Eight Mile Lateral due to a concern about small children getting pulled through the trash rack openings which are required in a large pipe; that it would be necessary to have a pipe size in excess of 49 inches and that similar variances have been granted in other projects to the east and west for the Eight Mile Lateral for the same reason; that the beautification of the canal ra.ght-of-way is a policy held by the City of Meridian to better landscape canal easements and keep the flow of the canal open. 7. That the Applicant is the owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb and Edward Jenkins. 8. That consent of all the property owners of land involved -_ with this Application has not been submitted. 9. That the entire property in question is described in the application and is incorporated herein as if set forth in full. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 3 • 10. That the property is currently zoned R-14 and RT by Ada County and the Applicant has requested that the City of Meridian annex and zone the property Limited Office (L-O) and General Retail and Service Commercial (C-G) to allow office and general commercial development. 11. That the Applicant stated in the Application that SW 3rd Street is longer than 450 feet; that neighbors and the Ada County Highway District (ACRD) want SW 3rd Street as a stub street to the north property line to allow for a future street extension to Franklin Road from the Troutner Business Park; that in order to extend the street to Franklin Road in the future, it must be a dead-end with a temporary turnaround, which would require a cul-de- sac street longer than 450 feet; that there will be adequate fire hydrants installed for emergency use by the Fire Department. 12. That the Meridian City Police Department, Meridian City Fire Department and the Nampa & Meridian Irrigation District reviewed and submitted comments and they are incorporated as if set forth in full. 13. That the Meridian City Fire Department commented that there can be "No Parking" in the turn-a-rounds as well as the hammer heads; that the SW 3rd and S4~ 5th Street turn-a-rounds need to be bigger; that the street length will be okay and hopefully by -_ the time Block 3 is built, SW 3rd will be extended to Franklin Road. 14. That the Nampa and Meridian Irrigation District commented FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 4 • • that there must be a License Agreement with the District for all encroachments; that there has been discussion with the developer, but the District has not seen a final plat to know how, and to what extent, the developer would like to encroach; that the flows of the Eight Mile Lateral are about 5500 inches and will not flow through a 48" pipe. 15. That the City Engineer's Department, the Planning and Zoning Director, and the Ada County Highway District, may submit comments, and such comments shall be incorporated herein as if set forth in full. 16. Mr. Ballantyne testified that he is requesting a temporary turn around on SW 3rd Street, which is greater than 450 feet; that this will enable the City grid of streets to continue down the southwest area of the City and also accommodating the neighbor to the north to have some street running through his property; that tiling the Eight Mile Lateral per City requirements not be required; that the lateral would require a 72 inch pipe; that the City has indicated that a lateral requiring greater than 48 inches need not be tiled; that the Applicant will fence the lateral and the south side of the canal against the waters edge and that this was approved by the Nampa and Meridian Irrigation District; that the District wants to change their easement off of __ the canal but the District would allow the Applicant to have more green area in the business part which would be maintained and less area that would be in weeds. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 5 • 17. That there was discussion between the Councilmen, Mayor, Attorney, and Shari Stiles regarding the City holding off acting on the annexation pending a preliminary plat and to hold off acting on the variance application until dealing with the preliminary plat. 18. That proper notice has been given, as required by the Meridian Ordinances and the Local Planning Act. 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 has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Subdivision and Development Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 6 Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical liunitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimen+:al to the public welfare or injurious t^ other property in the area in which the property is situated; __- d. That such variance will not violate the provisions of the _T Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 7 • 7. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted, which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 8. That the City Council is considering chaaging the Ordinance regarding the piping of large ditches if the piping would require a pipe larger than 48 inches; that the Ordinance may be changed. 9. That with regard to the variance of the Ordinance so that the Applicant need not the the Eight Mile Lateral, it is concluded that a the or pipe of greater than 48 Inches would be required and that in such cases the City has consistently granted variances; that the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the the would be greater than 48 inches and for the Eight Mi.ie Lateral. 10. That the requirement of tiling ditches is a health..-and safety requirement; that in a prior variance application it was stated that it may be more hazardous to have the ditch tiled then it would be not to have it tiled and it appears that to require FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 8 • tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance; that the irrigation district affected has not demanded that this ditch be tiled; that it is concluded the Application for a variance from 11-9-605 M, Tiling of Ditches, should be granted. 11. That with regard to the variance request to have the length of the cul-se-sac longer than 450 feet, it is concluded that there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is granted; that in order to extend the street to Franklin Road in the future, it must have a dead-end with a temporary turnaround, which requires a temporary cul-de-sac street longer than 450 feet; that since the Applicant stated that there will be adequate fire hydrants installed for emergency use by the Fire Department, it is further concluded that fire protection would not be a justifiable reason to deny the variance regarding the 450 foot cul-de-sac block length.. 12. That with regard to the requested variance to allow a fence to be constructed inside of the easement of the Eight Mile Lateral, it is concluded that a License Agreement would likely be required by the Nampa and Meridian Irrigation District; that it is conclud d that if Nampa and Meridian Irrigation T.~istrict will grant such a License Agreement, the City has no objection to granting a -_-_ variance to allow such variance and the variance should be granted if a License Agreement with Nampa & Meridian Irrigation District is presented to the City. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 9 • • 13. That with regard to the variances of the 450 cul-de-sac length and the tiling of the Eight Mile Lateral, there does appear to be a_specific benefit or profit, economic gain or convenience, to the Applicant, but the Applicant appears to have had no control over those physical requirements and obstacles; further it does not appear the Applicant was able to design the subdivision around those physical limitations of the property; with regard to the length of the cul-de-sac, it is concluded that it would be better to have SW 3rd Street temporarily cul-de-saced even though it would be longer than 450 feet and then extended to connect to Franklin Road at a later date; that it would be in the best interest of the City to grant the variance increasing the maximum cul-de-sac block length. 14 . That regarding Section 11-9-612 A. 2 . , it is specifically concluded as follows: a. That- there are special circumstances or conditions affecting the property that the strict application of the provisions of the Ordinance requirements for the length of a cul-de-sac street, the tiling of a ditch, and location of a fence within an easement area would likely be unreasonable. b. That strict compliance with the requirements of the cul- de-sac street Ordinance and the requirement that the Eight Mile Lateral be tiled are not reasonable; that there are factors which were nf;c self-inflicted that should allow variances to be granted from those ~~ Ordinances; that a redesign of SW 3rd Street could _~_ temporarily solve the cul-de-sac problem that exists now. It is further concluded that the Nampa and Meridian Irrigation must grant a License Agreement to allow the City to grant a variance for the fencing inside the Eight Mile Lateral Easement. c. That the granting of the variances would not be FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 10 • • detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variances would not have the effect of altering the interests and purposes of the Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 15. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 16. That as a condition of granting this cul-de-sac variance, Applicant shall place fire hydrants in the cul-de-sac as directed by the City of Meridian Water Department Superintendent; that Applicant shall supply proof that the owners consent to the variances being requested and shall meet all requirements of the Meridian City Fire Department and the Nampa & Meridian Irrigation District. 17. That it is further concluded that no action on these variances shall be granted until the property is annexed and zoned. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 11 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions of Law. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION That it is decided the Application should be granted for a temporary variance to the maximum block length of the cul-de-sac on SW 3rd Street, but fire hydrants must be placed according to Meridian Water Department Superintendent; that the variance from 11-9-605 M, Tiling of Ditches, to not the the Eight Mile Lateral is hereby granted; that the variance to be allowed to place fence in the Eight Mile Lateral Easement is not granted or denied, but the Applicant shall not place fence inside the easement for the Eight Mile Lateral, unless it obtains a License Agreement from Nampa and Meridian Irrigation District to do so, and if such License Agreement is obtained and submitted to the City then a variance would be granted. FINDINGS OF FACT & CONCLUSIONS OF LAW BALLANTYNE-TROUTNER - VARIANCE Page 12 w v` Meridian City Council August 20, 1996 Page 6 Corrie: Any further discussion of Council? I guess we are ready Rountree: Mr. Mayor, I would move that the Meridian City Council adopts and approves the findings of fact and conclusions. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that the Council of the City of Meridian adopts and approves the findings of fact and conclusions, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, the City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant enter into a development agreement prior to the issuance of any building permit. That if the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into a development agreement the property should not be annexed. Tolsma: Second Corrie: Motion by Mr. Morrow, second by Mr. Tolsma on the decision that was read, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: M-. Mayor, I move that we instruct the City Attorney to r ~ epare the appropriate annexation ordinance for this parcel of property. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION -CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Meridian City Council August 20, 1996 Page 7 . Corrie: Council you have the variance for the culdesac block length and tiling of the ditches and the placement of the fence inside the lateral easement findings of fact and conclusions before you, any discussion? I will entertain a motion on the findings of fact. Rountree: Mr. Mayor I .move that the Meridian City Council hereby approves these findings of fact and conclusions of law. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to accept the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Motion for the decision? Rountree: Mr. Mayor, I move that it is decided that the application should be granted for a temporary variance to the maximum block length to the culdesac on southwest Third Street, but fire hydrants must be placed according to Meridian Water Department Superintendent. That the variance from 11-9-605 M tiling of ditches, to not the the Eight Mile Lateral is hereby granted. That the variance to be allowed to place fence in the Eight Mile Lateral easement is not granted or denied but the applicant shall not place fence inside the easement for the Eight Mile Lateral unless it obtains a license agreement from the Nampa and Meridian Irrigation District to do so. If such license agreement is not obtained and submitted to the City then a variance should be granted. Tolsma: Second Corrie: Motion is made by Mr. Rountree, second by Mr. Tolsma on the decision, discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: RESOLUTION #163 - HI-MICRO REVENUE BONDS: Bentley: Mr. Mayor, in the first paragraph there is a typo, it is missing a zero. Corrie: Yes, that should be 5 million rather than 5 thousand, two zeros, three probably. . • • Meridian City Council August 6, 1996 Page 33 ' Corrie: Motion made by Mr. Tolsma; second by Mr. Rountree that the request for vacation of the SE 30 foot of right of way of Washington Street be denied, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: REQUEST FOR A VARIANCE FOR BALLANTYNE TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Corrie: I will invite Mike Ballantyne to come up. Mike Ballantyne, 2690 North Mule Deer Way, was sworn by the City Attorney. Ballantyne: Mayor Corrie, members of the Council we are just requesting 2 items as for variance at the Troutner Business Park, the first is a temporary turn around on a street greater than 450 feet, that is SW 3rd feet and we are requesting that so that the City grid of streets will be able to continue down the SW area of the City and also so that the neighbor to the north would be able to have some street running through his property. The second item was the (inaudible) Eight Mile lateral, we requested that lateral not be tiled as per City requirements. The 5500 inches of water, I think it is 110 CFS that is required or that runs through the pipe is or runs through the lateral would require a 72 inch pipe. The City has indicated that a lateral requiring greater than 48 inches need not be tiled. We would not, there fore we ask that we not have to the that. We will fence the lateral and one of the items there on the variance is that we fence the southside of the canal against the water edge and that was approved by Nampa Meridian Irrigation District they want to change their easement off of the canal but it would allow us to have more green area in the business park that would be maintained and less area that would be in weeds. So that is basically it. I would be glad to entertain any questions as long as they don't relate to my new haircut. Corrie: Any questions of the Council? Rountree: I just have a procedural question of Counsel that we are hearing a variance before we have heard the preliminary plat. (Inaudible) Crookston: It would be appropriate to act on them together or to have the variance subsequent to the plat approval or denial what ever the Council's decision is. Morrow: Mr. Mayor, I think my preference would be to hear the variance after we have dealt with the preliminary plat. ~~ Meridian City Council August 6, 1996 Page 34 • Crookston: Since it has been noticed is appropriate that we have the public hearing. Rountree: And act afterward. Corrie: I will also open the public hearing, well (inaudible) can I keep both of them open Mr. Counselor? Do I need to close the variance public hearing and open up the other or can I open the both up. Crookston: It is whatever the Council and Mayor approve, you can close it, you can keep it open. Corrie: We are going to hear them both. Crookston: You are going to hear both matters but you can close the public hearing on the first variance or you can keep it open pending action both of the variances after both of the public hearings. Corrie: Is it the Council's approval that we open the public hearing for the preliminary plat at the same and we will take the plat first and then the variance the second, after the plat. Morrow: My preference would be that, we continue the hearing for the variance and move onto the (inaudible) Corrie: I will continue the public hearing for the request for the variance and open the public hearing for request for the preliminary plat on Ballantyne Troutner Business Park. ITEM #16: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Mike Ballantyne, 2690 N. Mule Deer Wa~~, was sworn by the City Attorney. Ballantyne: Mayor Come and members of the City Council we, the applicant came before the City of Meridian August 8, 1995 with an annexation request for the subject property. The City said that they wanted to see a plat at that time. A plat was provided and it was recommended for approval by Planning and Zoning. After that recommendation for approval the plat was altered because of requests by the neighbors, Ada County Highway District Requirements, Nampa Meridian Irrigation District requests and requirements and requests of the City of Meridian. I provided you today hopefully you all received a copy of both plats identifying the ten changes that were made, there was a green sheet and a yellow sheet. Those items were changed on June 4 of this year City Council sent the applicant back to Planning and Zoning because of the changes feeling that the P & Z • • MERIDIAN CITY COUNCIL MEETING: August 6 1996 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 15 REQUEST• PUBLIC HEARING• REQUEST FOR A VARAIANCE FOR BALLANTYNE-TROUTNER BUSINESS PARK GA ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~~~ ~~,,~.-mot SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY 1NILI_!Atui (a. 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITII THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30. 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Variance for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: Franklin Road and Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z _TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PR I FINAL PLAT) BUREAU OF RECLAM TI LI FINAL PLAT) CITY FILES OTHER: - YOUR CONCISE REMA S: V J~~. ~ `~~ CITY QF MERIDIAN WILLI6'aM G. BERG, JR., City Clerk :,'f,~vi(;E L. GASS, C1ty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30. 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Variance for Ballantyne-Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: Franklin Road and Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 PLA~~~= ~- t ~0' ~ ~ `< ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~ ~ iq"~°*~ CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT ;I ~'~ ~,`~: urFl7t~iR~t SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~y / /; ~ OTHER: ~ oL (y ` `7 (C~' YOUR CONCISE REMARKS: •tL ,.~-r av~ R ~ o~ ~v s A L S C~ ~ `/f/ L~ ~r ~;.~ y Ste' 7` ~' f/i'p~`7o?~~ ~.~j s -~ , ~ r--- Rrv 1 S Vt% S r Tu. rIN-A~ow,vtyS I.iw. ~~ 3.-r~ tiK . ,8~ t~~~~ 1~.~3 i /~ ~,~.rL .S^/,cJ 3 ~ WILLIAM f;. BERG, JR., City Clerk J:',NICE L. GASS, Clty Treasurer GARY 0. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOIiN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P ~ Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chle} W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C"GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~~~ ~ ~ v ~ I~ P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4 ~J '~ JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 1996 JIM SHEARER J U l 1 7 GREG OSLUND ROBERT D. CORRIE NAMPA & MERIDIAN MALCOLM MACCOY Mayor IRRIGATION DISTRICT 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30, 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Variance for Ballantyne-Troutner Business Park BY: Jim Ballantvne LOCATION OF PROPERTY OR PROJECT: Franklin Road and Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _GREG OSLUND, P/Z ADA PLANNING ASSOCIATION _TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has certain encroachments on our easements. CITY ATTORNEY A 1 nc oa hm r,r. m t b with a Li en Agreement . CITY ENGINEER Nampa f~ MPri di an T j gat i on Di s ; r•r hac had di s- CITY PLANNER , c_ussion with the developer of the proiect, but has not seen final plat and just how and what and to what extent the would like to encroach. The flows of the Eight Mile Lateral are about 5500 inches. This amount of water will not flow throu gh a 48" pipe. Please feel free to contact me if further help is needed. Sincerely, Bill Henson. Asst. Water Superintendent NAMPA & MERIDAIN IRRIGATION DISTRICT ~E~E~~~ pc: File ~cretary-Treasurer ..I(.li ~ 4 ~~95 Ride 4 - Gillmore CITY OF ~tEl~1DiAN