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Butte Fence AZ CUP HUB OF TREASURE VALLEY COUNCIL MEMBERS A , RONAU) R. TOLSM , OFFICIALS A Good place to Live MAX YERRINGTON ROBERT D. CORRIE WILLIAM G. BERG, Jr., City Clsrk WALT W. MORROW JANICE L. GABS, City Treaa~mr GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN e a ~ COs MISSION BRUCE D. STUART, Water Works Supt. JIM JOHNSON, Chairman JOHN T. SHAWCROFT, Waste water supt. 33 $pST IDAHO MOE AUDJANI DENNIS J. SUMMERS, Psrks Supt. MERIDIAN, IDAHO 83642 JIM SHEARER CHARLIE gOUNTREE SHARI S. STILES, P ~ 2 Adm. KENNETH W. BOWERS, Fire Chief phone (?A8) 8884433 • FAX (~) 887813 TIM MEPPER W. L. "BILL" OORDON, Police Chief qit (~) gg'~_~yl l btiC Works/Building Dtpartm p WAYNE G. CROOKSTON, JR., Attorney n GRAM P. K[NGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS~IDpENVELOPMENT PROJECTS WITH THE CITY OF M To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to w~ .ew,hor 7 X995 Meridian City Hall, Attn: Will Berg, City Clerk by: . TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11114195- REQUEST: di io 1 e Pe it f r tte F n e BY: 11" tt Ind t ' Co a ~..--.~.- .-- m.. ---- JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 & 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 81 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ELLIOTT INDUSTRIAL COMPANY PHONE:208-939-0784 424 PEBBLE BEACH WAY EAGLE ID 83616 ADDRESS: GENERAL LOCATION: 2065 FAIRVIEW E MERIDIAN, ID 83642 DESCRIPTION OF PROPOSED CONDITIONAL USE: Property wi 11 house business known as BUTTE FENCE: wholesale and retail vinyl products, primarily fencing. ZONING CLASSIFICATION: R1 to CG PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, ,parking .and. loading .areas=,. traffic access ~d traffic ~irsul.~ticznts.~pen _ ., _ ,- - - - - _ a..~_....._ __ ~~~. _____.~...._.___ __.__. .... _ __.. _ ..__ ..._...:... I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number 519-88-6997 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by ELLIOTT INDUSTRIAL , CO . for the property generally described as located at 2065 FAIRVIEW EAST MERIDIAN (PLEASANT VALLEY SUBDIVISION) 87104251800 Parcel # 1800 SUBDIVISION, BLOCK ,LOT 6 TO CONDITIONAL USE PERMIT APPLICATION 2065 FAIRVIEW EAST MERIDIAN 1. Applicant: Elliott Industrial Company, an Idaho Corporation Chuck Elliott 424 Pebble Beach Way Eagle, Idaho 83616 (208) 939-0784 2. Owner: Elliott Industrial Company, an Idaho Corporation Chuck Elliott 424 Pebble Beach Way Eagle, Idaho 83616 (208) 939-0784 3. Legal Description: 87104251800 Parcel # 1800 of Lot 6 Pleasant Valley Subdivision Meridian, Idaho 4. Proof of Ownership: see attached warranty deed ..-~~,. _ _ e,.~ - . ---= 3'~s~tt~ u~~~~-a~ovember~~l5~ 7. Proposed use: BUTTE FENCE wholesale and retail sales of vinyl products, primarily fencing 8. Zoning: R1 (to CG) 9. Vicinity map: see accompany copies (30) 10. Need for conditional use permit: Property is presently zoned R1 and the intent use is for a commercial business. Surrounding property is primarily commercial and Meridian comprehensive plan indicates intent to zone commercial. 11. Surrounding property owners: PLEASANT VAT.T.Ry SUBDIVISION 87104250950 Arthur & RueLa Edwards 87104250960 A & R Green Thumb 2255 E Fairview •~ • Meridian, ID 83642 87104250970 87104251200 87104251530 Pine Street Developments 12002 Fiddler Dr Boise, 1D 83704 Lee & LeeAnn Longson 3497 Holl Dr Eagle, ID 83616 87104251625 John & Deborah Wadsen 4844 Cresthaven Boise, ID 83704 S1105346715 Sara Ewing 1500 Eldorado Ste 4 Boise, ID 83704 S1105346655 Gray Sr.& Timbre Wolfe 9380 Fairview Boise, ID 83704 S1105346615 Westside Bible Chapel 3108 S Whitepost Eagle, ID 83616 51105336404 Avest Limited Partnership Roger Allen 6904 Randolph Dr Boise, ID 83709 12. Fee: $275 00 +$11.36._(8 * 1.42 _ $286.36. _ ._~. _ _. _ _ _- ------- 13. We understand we are responsible for sewer, wateror trash fees or charges associated _ .__ with the commercial use of this property. 14. We have read the contents of the City of Meridian's application for a Conditional Use Permit and verify that the information submitted in this application is true and correct. 15. We understand and agree to posting a notice on the property of application for Conditional Use Permit one week before the hearing. Chuck Elliott Date Elliott Industrial Co. l Charles i holas Dat Attorney at Law, Notary ~R~s~;,,,~ ~.. J~a~s., ~K~t•res l.~~Zblq~ .~~~ ".' ~IUNLLIt TPTLE COMPANY ~ OF ADA COUNTY 1 I~/ ~, :i ~ ~ u 821 West State Street /Boise, ldahv 83702 (208) 336-G700 888 Nort11 Cole Road /Boise, Idaho 83704 (208) 377-2700 Reviewed and approved by: # ~~ t~iC)r•IhF 17 1'tll_~ ., .. '•iiltl.i` .. _. ,. ..,i) :I C'IJ_ Imo' '9~ Ui~;T i' P19 ~ 2G i i...W,-~~ .. SI'ACti AItOVIi FOR RECORDiNO DATA ?0..1u>A41G?a lGil?A~~T~?0.7~i?lIj?G>G4?G?A?4~~?i-~>G~ ?[rl?~75101?iA?;alOr./1' lea >Q1 /0! G;'.?iI~ !ft! lr~! !a 1G11U!?111101 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CHARLES C. HARVEY, JR., an unmarried man and KARIN L. HAGAN, an unmarried woman GRANTOR(s) does (do) Ilcrcby CRANT, BARGAIN, SELL and CONVEY utlto ELLIOTT INDUSTRIAL CO., INC., an Idaho corporation GRANTER(S), whose current address is: 424 Pebble Beach, Eagle, ID 83616 the following described real property is Ada County, State of Idaho, more particularly described as follows, to wit: 5EE LEGAL DESCRIPTION EXHIBIT "A" ATTACk1ED kiERETO AND MADE A PART FIEREOF. ,'.x'11, ---. _.. _. _ .... _ _ _ _ rrCf{TIFIED TU BE A 7NUE _, _ _ __ -:~? ~ii#1~C't ~C~F'Y aFfiME _ _ _ - _ ORI^ ~~ PI~Ni: T17LE A1~Y BY• ~ TO HAVE AND TO HOLD the said premises, with their appurtcnmtces unto the said Grantee(s), and Granlees(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/arc the owner(s) in fee simple of said premises; that said premises arc free from ali encumbrances, LiXClil''f those to which This conveyance is expreuly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, rcxtridions, dedications, easements, rights of way and agrcentenls, (if any) of record, and general taxes and asscssntcnls, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: September 27, 1995 ~'/jc'.L ~~ ~~~ RV • , J RA INR L. HAGAN~~',/ ~ ~ .c,: r~ ~S STATE OF I AHO ,County uf'_Ada , ss. On this. day of Sep~,~gbp r , in the year of I gg g , before me k~ the, undersi ned aNotaryPublic rsottallyappearecl.~ ^~ known of idfit(i{"ied'ttlnrlc tgile•(hc person(s) whose name(s) C~-~ ~ ~~ instrutiict~t, and acknoLvJeiiged to. me that ~ he S,~ executed the same. •r ' ~~ • ~ jl~ : ^ •~~ ~,. ~~ ~ Notary Public: ~~ %;~_,• ,•~ ! My Conuuissic • ~> !` ,• E. Il) subscribed to the within i 1(( 10?w IN~r fem. (S~,)j% 1N(~ 1~(l~( 1~(1 ~( ~~! li:(h/ 1'~in~:~! 1;'(1~( 1:'( 1^( 1'u! Ir~l 17 1~! Ir i 1 f •Ir'f 1~( i`~/ 1'~1 t~~( 1`If 1~f lr~( hi 1~! 1"! 1~( 1~( )C! 1 ~( ~. -~- °; FIIe Number. P142046 EXHIBIT A A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 12 OF PLATS AT PAGE 665, RECORDS OF ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 6 f PLEASANT VALLEY SUBDIVISION, IN THE WEST 1 /a OF SECTION 8, TOWNSt-IIP 3 NORTH, RANGE ~ EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DESIGNATED AS THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE WEST BOUNDARY LINE 450.5 FEET TO A POINT; THENCE EASTERLY AT A 90 DEGREES ANGLE 100 FEET TO A POINT; THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY OF LOT 6, 450.5 FEET TO A POINT; THENCE WESTERLY AND PARALLEL TO FAIRVIEW AVENUE 100 FEET TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF LAND LYING SITUATED BETWEEN THE NORTH LINE OF LOT 6 OF THE PLEASANT VALLEY SUBDIVISION, AND A LINE PARALLEL TO AND DISTANCE 50.0 FEET SOUTHERLY FROM THE FOLLOWING DESCRIBED CENTER LINE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PLAT OF U.S. 30, PROJECT NO. F3281(5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO, AND LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION e, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS FOLLOWS: BEGINNING AT STATION ~86+61.0 OF THE SAID HIGHWAYSURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 10.2 FEET NORTH AND 1161.6 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN: THENCE RUNNING SOUTH 89 DEGREES 58' EAST, 193.7 FEET TO STATION 88+54.7 OF SAID SURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 8.5 FEET NORTH AND 967.6 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, END OF LEGAL DESCRIPTION ' ~ ~ ~ •oo zdr~tis an ui sioizz~ ' ~.. ~:~:~ ~ u ' ~ ~au~~ ~isng dno~~ a~ 8~= 0 t9 z a- Z Q J IAI ~`Y 1 ~ ° t ~e 3 g ~ ! h ~ ! ~~ ~~ 8 ~~ ~~ ~ ~~ ~ 1 a ~ a ~~~ ~~~~a ~ ~~ J I ! ~i~~ 11, • . . . . i . a ~,,,,~~ ! "~1 ~b s ~ + + ~ ~ 8~11~~p a~ ~~ ~~~ ~ ~~~~~~ ~~~~~~ .- vs' t 9 &,tle Fe~~e/~!/iaf/ /~c~,~,~~ ANNEXATION DESCRIPTION A parcel of land being a part of Lot 6, Pleasant Valley Subdivision, according to the official plat thereof, filed in Book 12 of Plats at Page 665, records of Ada County, Idaho, and lying in the NW 1/4, Section 8, T.3 N., R.1 E., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pint marking the North Quarter Corner of said Section 8, T.3 N., R.1 E., B.M., Ada County, Idaho; thence along the north line of said Section 8, T.3N., R.lE., B.M., Ada County, Idaho, N.89°59'16"W. 1061.24 feet to a point, said point bears 5.89°59' 16"E. 1591.39 feet from a found Brass Cap marking the Section Comer common to said Sections 5-6-7 & 8, T.3N., R. lE., B.M., Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence leaving said north line of Section 8, S.0°30'24"W. 40.84 feet to a set 5/8" iron pin on the southerly right-of--way of U.S. Highway 30 (Fairview Avenue) and also marking the Northeast Corner of that certain parcel described under Instrument No. 9201051, records of Ada County, Idaho; thence continuing S.0°30'24"W. 435.71 feet to a found 5/8" iron pin marking the Southeast Corner of that certain parcel described under said Instrument No. 9201051; thence N.89°41'38"W. 99.99 feet (formerly 100.00 feet) to a found 5/8" iron pin on the west line of said Lot 6, Pleasant Valley Subdivision and marking the Southwest Corner of that certain parcel described under said Instrument No. 9201051; thence N.0°30'24''E. 435.96 feet along the said west boundary of Lot 6, Pleasant Valley Subdivision to a found 5/8" iron pin on the said southerly right-of--way of U. S. Highway 30 (Fairview Avenue) and marking the Northwest Corner of that certain parcel described under Instrument No. 9201051; thence continuing N.0°30'24"E. 40.07 feet to a point on the said north line of Section 8, said point bears S.89°59'16"E. 1491.40 feet from said Brass Cap marking the Section Corner common to Sections 5-6-7 & 8, T.3N., R.lE., B.M., Ada County, Idaho; thence along said north line of Section 8, S.89°59' 16"E. 99.99 feet to the point of beginning, containing 1.09 acres more or less. ~~~yA~ LA1~D fU o~SS ~G~STE~~ ~~~ +nl~~~~' (~ ryT~ OF ~~ ~~ ~lLEEN M~~ ~,~,l.Vrl ~a~S ~c~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary November 10, 1995 TO: Elliott Industrial Company 424 Pebble Beach Way „ -. - .,., Eagle, ID 83616 ~'` ~~~ - ~ ~ 'y""' ~~ ~ ~' ~ 3 ~~~~ FROM: Karen Gallagher, Coordinator Development Services Divisi a"fi'~` ~~~. ~- "'~ `= ~~ SUBJECT: MCU-21-95 2065 Fairview Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 8, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-21-95/MA-4-95 2065 Fairview The applicant is requesting conditional use approval to convert an existing dwelling and outbuildings into a wholesale and retail business, primarily for fencing. The 1.0-acre site is located on the south side of Fairview Avenue, approximately 1/3-mile east of Locust Grove Road. This development is estimated to generate 200 additional vehicle trips per day. Roads impacted by this development: Fairview Avenue -Principal arterial with a bike route designation - Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) ACHD Commission Date -November 8, 1995 - 7:00 p.m. 1 I. ~~~. ~ j O ~ _ m i ~ ~ l ~ i ^ti ~ ~ }I ~ i c"` ? i on .r i ; A: i '~ y1 ~~ 5 ~ , ,4/ ~ S ? : f° a ._ 1 ~ ~ ~ ~ ~~<~ i.: =I 1 •'. "'vi 1C ~'.`v! .~ y. O Q I N 1 1% P S Q' .. ~~'_ _y ~ i `1s c ~ ~ ~`y, ty ~ ~ ~ : I ~ v i \~ W '~ ~ ~ i~ I f i I~ .o ~ I . w ~ ~'.. l i 3_ ~ ~. ~,ht , vt r aa_ ~ ^ ~~ of ~of ~. i {r. - no- ~ r ay ~- i i W ~ ~ ~~ 0 ~ -- ~ ~W ; Z ; Q J ~ z 0 3 V __ , el ~~ b i ~"~ ~ Z Q ~- e ~ ,: a .. ~ R R i F ~~~~~~N 6~ ~m R~ _ o a D ~~~~~~i :e"~ ~A' j~~ i t 7 r Z ,e ~~~~~~~~~~~ v ~~Q~ . ~~~ ~a~ ¢I ai~~~ ~,, ~~~ ~ i ~. ~ c ~ z ~ ~~ ~ ~~ ~~ ~4 ,~ ~ ~ .~ ~. ~ '. ~ ~ O s r ~ i r y P t i _rttE wVD GROU ,.,.........,....~.... BUTTE FENCE ~ ~ ~_ ~~ a ELLIOTT INDUSTRIAL CO. ~ ~ ~~c ~.,, ~.~ :~ r~ m r a P Facts and Findings: A. General Information R1 -Existing zoning C-G -Requested zoning 1.0 -Acres 0 -Square feet of proposed building 3,816 -Total square feet of existing buildings 1,000-square foot office 2,816-square feet for two storage buildings 272 -Traffic Analysis Zone ('I'AZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with a bike route designation Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) 100-feet of frontage . 100-feet existing right-of--way 108-feet required right-of--way (54-feet from centerline) Fairview Avenue is improved with 7 traffic lanes with no curb, gutter or sidewalk. B. There is a dwelling constructed on the site that has a gravel driveway from Fairview Avenue. C. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot wide concrete sidewalk) on Fairview Avenue abutting the parcel. These improvements are estimated to cost a total of $850.00. D. Staff recommends that the site's driveway be aligned with the existing driveway for a church on the north side of Fairview Avenue. This would require shifting the driveway to the east. E. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. F. Staff recommends that the applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries. If and when the abutting parcels redevelop, the same requirement will be made. Without such easements, the possibility exists that each lot on Fairview Avenue will request its own driveway, resulting in a driveway every 60-feet. MCU2195A.WPD Page 2 G. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. H. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on November 14, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel (approximately 4 additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 2. Provide a $850.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 100-feet of 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel prior to issuance of building permit (or other required permits). 3. One driveway from Fairview Avenue is approved. The driveway shall be aligned with the existing driveway for a church on the north side of Fairview Avenue. 4. Pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. Provide the District with copies of recorded cross access easements to the parcels abutting the site's east and west boundaries prior to issuance of building permits. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each renuirement to he rernnsider d nd include a written explatLt~nn of w~v such a requirement would result in a sub antial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of-the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically identi each MCU2195A. WPD Page 3 requirement to be reconsidered and inclLde a tvri en explanation of why such a re~u;rP..+Pnr would res»lt m a substantial hardship or inggt.~, 3. Aright-of--way permit must be obtained from ACRD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Utility street r»rc in road paved ~=~ithin the la t five years will n,~hP allowed unlec approved bby the District Co missi~n_ Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of Meridian. 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Continue existing irrigation and drainage systems across parcel. 7. Continue borrow ditch drainage abutting parcel (culvert may be required). 8. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 9. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 10. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 11. Submit three sets of street construction plans to the District for review and appropriate action. 12. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 13. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 14. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. MCU2195A. WPD Page 4 15. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Date of Co mic. ion Apnroval• NOV o 8 1995 MCU2195A. WPD Page 5 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY MEMORANDUM A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Wot~CS/Building Department (208) 887-2211 Motor VehiclelDrivers License (208) 888-4443 GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Sh s, Planning & Zoning Administrator DATE: November 9, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Request for Annexation and Zoning of C-G with a Conditional Use Permit for Butte Fence by Elliott Industrial Company 1. All outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area. Display area shall be uncluttered. 2. All off-street parking areas are to be paved per City Ordinance. 3. Ordinance requires one (1) three-inch (3") caliper tree for every 1,500 square feet of pavement. Landscaping shown far exceeds minimum requirements. A minimum landscape setback of 35' from required ACHD right-of-way will be provided. 4. Is it possible to locate the handicapped parking stall adjacent to the building? ADA requires a minimum of one (1) van accessible parking stall (8' access aisle). Install appropriate signage. 5. All ditches are to be tiled per City Ordinance. 6. Lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue. 7. Detailed conditions of approval should be required in lieu of development agreement. 8. A Certificate of Occupancy is required prior to opening for business. 9. Commission and Council should carefully monitor future annexation and zoning requests in this area because of the numerous smaller parcels that could lead to "strip" development. I would recommend that the annexation and zoning of C-G with a Conditional Use Permit for wholesale and retail sales of vinyl products be approved with staff and agency conditions. t " // WARRANTY DEED 136 i OC~1511 For Value Received CHARLES C. HARVEY, JR. , a single man, and Karin L. Hagan, a single woman, as joint tenants the grantors , do hereby grant, bargain, sell and convey unto CF!ARLES C. HARVEY, JR., a single man and KARIN L. HAGAN, a single woman as joint tenants with right of survivorship the grantee s, whose current address is 535 Quarts Lane, Sun Valley, Nevada the following described premises, in ....... Aaa ............... County Idaho, to-wit: See Exhibit "A" attached herewith and made a part hereof. 9201051 ADA C ; ii;rTY. I D. FOR ~~d',~(~t,~• l~ J. DAVID IdAVARRO RECORDER BY po '92 JFlN 7 AEI 10 06 f i ~~ TO HAVE AND TO HOLD the said premise, with their appurtenance unto the said Grantee , their heirs and assigns forever. And the Grantor do hereby covenant to and with the said Grantee ,that they are the owner sin fee simple of said premises; that they are free from all encumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated: /~~~``~.~~ C rles~C~~H~ar~vey, r. ~/~l~a i.-Lr~/i'~77~aLr~-~-~~. STATE OF IDAHO, COUNTY OF Add ontn~t Ish. day or o(.lo6ev. ,w9/, before me, a notary public in and for said Start, personally appeartd Charles `C. Harvey, Jr. a sing ~ e.~ fioaz>=?~d.,3ta~ n-b.--.Hagan , a sin~ie .we men O,mJ ^1ht IAi:~^ ~rsor8 whose n ~ c 8: ~a'r e fuD ~s~i t ' n iristrumt d icknowled~ed to me iha •• .~~y`:." •~eseeuttdthtume. .s t1s arin~~. ~ a a>~~~'~~J 9 STATE OF IDAHO, COUNTY OF I htreby etrtlfy that this Instrument was filed for record ai the rcyucal of at minutes peat o'clnct m.. tmr d.y ~r 10 , in my office, and duly recorded in poot of Deeds at paKe E><•Ofriein RerorJer ~$tetA];o~' trla'Z10, ,NUtaryPublic A~'I~~~ Ftea S Realding at k.A~L d ~ 0 h° •. , Idaho !" dtail u.: Comm. }:s;pirea' (, i F-t~ y 1'. "i;,, First American Title Company of Idaho z A C .3 m z ..1 Z O ., , ,.: 1 I ., EXHIBIT A 136'70~~1512 A part of Lot 6, PLEASANT VALLEY SUBDIVISION, according to the official plat thereof, filed in Book 12 of Plats at Page 665, records of Ada Co~~nty, Idaho, described as follows: Beginning at the Northwest corner of Lot 6, Pleasant Valley Subdivieon, in the W~ of Section 8, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, designated as the POINT OF BEGINNING; thence Southerly along the Weat boundary line 450.5 feet to a point; thence Easterly at a 90° angle 100 feet to a point; thence Northerly and parallel to the Weat boundary of Lot 6, 450.5 feet to a point; thence Westerly and parallel to Fairview Avenue 100 feet to the POINT OF BEGINNING. EXCEPT the following described property: A strip of land lying situated between the North line of Lot 6 of the Pleasant Valley-Subdivision, and a line parallel to and distant 50.0 feet Southerly from the following described center line of highway as surveyed and shown on the official plat of U.S. 30, Project No. F- 3281(5) Highway Survey on file in the office of the Department of Highways of the State of Idaho, and lying in a portion of the Northeast quarter of the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as follows: Beginning at Station 86+61.0 of the said Highway Survey, which station is a point on tangent approximately 10.2 feet North and 1161.6 feet Weat from the North Quarter corner of Section 8, Township 3 North, Range 1 East, Boise Meridian; thence running South 89°58' East, 193.7 feet to Station 88+54.7 of said Survey, which station is a pcint on tangent approximately 8.5 feet North and 967.9 feet West from the North Quarter corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada~County, Idaho. MERIDIAN CITY COUNCIL MEETING: JANUARY 16 1996 APPLICANT: ELLIOTT INDUSTRIAL CO. ~ 1~-"~ ITEM NUMBER; 15 REQUEST; PUBLIC HEARNG REQUEST FOR ANNEXATIONIZONING OF APPROX.1 ACRE TO C-G 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: COMMENTS P 8 Z MINUTES FOR 11-14-95 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: gll Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission November 14, 1995 Page 47 Johnson: Anyone else have any questions of John? Thanks John, is there anyone else that would like to come forward on this application? Any comments from staff other than those we already have in writing? I will close the public hearing at this time. This is a request for a conditional use permit, this would require findings of fact. Alidjani: Mr. Chairman I would make a motion we have the City Attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the application by Dennis and Janet Butterfield, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1 ACRE TO C-G FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY: ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY: Johnson: So we will handle items 10 and 11 at this time, I will now open the public hearing and invite the applicant to come forward and address the Commission or his representative. Chuck Elliott, 424 Pebble Beach Way, Eagle, was sworn by the City Attomey. Elliott: This will be a vinyl fencing and decking company, wholesale and retail. Due to the hour are there any questions on the application? Johnson: This is early for us. Does anyone have any questions of Mr. Elliott? I assume you have reviewed the comments. Have you looked at the November S letter from Bruce Freckleton the City Engineer and do you have any comments regarding those? Elliott: Yes I have, item #1 I know that Pinnacle Engineering is in the process of re-doing the markings on the property. Johnson: Any other comments on those? Elliott: No, we plan, I don't see any problems with any of the recommendations. Meridian Planning & Zoning Commission November 14, 1995 Page 48 Hepper: What about the one from Shari Stiles? Did you get that one? Elliott: I don't see any problems with any of these either. The only one with the handicapped we do plan on moving the handicapped back closer to the door and is should be, the cement pad and it will be available for handicap purposes. Hepper: Ada County Highway District had a comment about something about some cross street ties? Elliott: Yes, we will coordinate those recommendations into our landscape plan. Hepper: I wasn't sure if that was a requirement or a comment by them. Elliott: It looked like it was a little bit of both. But I can understand due to the lot sizes along there and Ada County not wanting accesses every 100 feet. Hepper: So you will try to abide by whatever the recommendation is on that? Elliott: Yes Johnson: Any other questions? Thanks Chuck, this is a public hearing, would anyone else like to address this application before the Commission? Seeing no one then 1 will close the public hearing. We are addressing both items 10 and 11. Rountree: Mr. Chairman, I make a motion that we have findings of fact prepared for both items 10 and 11. Hepper: Second Johnson: The motion by Commissioner Rourrtree, seconded by Commissioner Hepper that the attorney prepare findings of fact and conclusions of law on the annexation and zoning request and also for the conditional use permit for Elliott Industrial Company, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR HAVEN COVE SUBDIVISION N0. 5 (AMENDED) BY INTERWEST DEVELOPMENT: Johnson: I will now open the public hearing, who here would like to address the Commission on this application? HUB OF TREASURE VALLEY 1NILLIAM 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 DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, OMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Worlcs/Building Department (208) 887-2211 Motor Vehicle/Drivea License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning. From: Bruce Freckleton, Assistant to City Engineer Re: BUTTE FENCE by Elliott Industrial Company (Request for Annexation & Zoning /Conditional Use Permit) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P d, Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE T1M HEPPER November 8, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant~during the hearing process: • ANNEXATION & ZONING 1. The legal description submitted 11/6/95 doesn't describe the parcel indicated in the site plans and other supporting documentation. Please correct this error and resubmit a new legal description for the proposed site. The legal description shall include all those portions of adjacent Public Rights-of--Way contiguous to the Corporate City Limits of the City of Meridian. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. • GENERAL 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled. per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13LT1'ILP&Z Mayor and Council November 9, 1995 Page 2 4, Paving and striping shall be in accordance with the sand ~ni g and Deve opment 11-2-414.D.4 and 11-2-414.D.5 of the City of Mende Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5, A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parlang areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). (, Outside lighting shall be designed and Planed so as to not edu~ec ion 11 2-414. D. San. y nay residential areas and in accordance with City Ordmanc 7, All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. g, Water service to this site is contingent upon positive results from a hydraulic analysis by our computer model. • SITE SPECIFIC COMMENTS: 1, please provide the Public Works Department with mformation on anticipated fire flow and domestic water requirements for the proposed site. This information is very critical for determining the water serviceability of this proposal. 2, The City of Meridian owns and maintains a 10 inch diamete~l A ater service line w 11 side of Fairview Ave., approximately ~ from the subject par have to be extended across Fairview Avenue to service this site. sewer main along the north 3. The City of Meridian owns and maintains are existing sanitary side of Fairview Avenue to the Intersection of Dixie Lan sha rerola madly 200 feetheasp Dixie Lane. The center of the proposed Butte Fences PP of the manhole in Dixie Lane. Meridian City Ordinance Sego of C ty main s use of the Municipal Sewer System when a property is wnthin 300 Assessment fees for water and sewer service are determm~ dunng COme~ dfeespwill 4. review process. In addition to these assessments, water and sewer nsible for installing also be charged against this parcel to help reimburse the Parties respo the water and sewer mains to their current points. VYILLIAM G. BERG, JR., Clty Clerk JANICE L GASS, Clty 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 Adminlstretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" CORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: DATE: SUBJECT: FIUB 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 WorksBuildiag Department (208) 887-2211 Motor Vehicle/Drivds License (208) 888-4443 GRANT P. KINGSFORD Mayor Planning & Zoning Commission, Mayor and Council Sh s, Planning & Zoning Administrator November 9, 1995 COUNCIL 6!EMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Request for Annexation and Zoning of C-G with a Conditional Use Permit for Butte Fence by Elliott Industrial Company l . All outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area. Display area shall be uncluttered. 2. All off-street parking areas are to be paved per City Ordinance. 3. Ordinance requires one (1) three-inch (3") caliper tree for every 1,500 square feet of pavement. Landscaping shown far exceeds minimum requirements. A minimum landscape setback of 35' from required ACRD right-of-way will be provided. 4. Is it possible to locate the handicapped parking stall adjacent to the building? ADA requires a minimum of one (1) van accessible parking stall (8' access aisle). Install appropriate signage. 5. All ditches are to be tiled per City Ordinance. 6. Lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue. 7. Detailed conditions of approval should be required in lieu of development agreement. g. A Certificate of Occupancy is required prior to opening for business. 9. Commission and Council should carefully monitor future annexation and zoning requests in this area. because of the numerous smaller parcels that could lead to "strip" development. I would recommend that the annexation and zoning of C-G with a Conditional Use Permit for wholesale and retail sales of vinyl products be approved with staff and agency conditions. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN ELLIOTT INDUSTRIAL COMPANY ANNEXATION AND ZONING AND CONDITIONAL USE A PORTION OF LOT 6, PLEASANT VALLEY SUBDIVISION WEST 1/4 OF SECTION 8, T.3 N., R.l E., B.M. MERIDIAN, IDA80 FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on November 14, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Sall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that .the matter was duly considered at November 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper,. radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately one (1) acre in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G) and has requested a conditional use permit to allow a commercial wholesale and retail sales of vinyl products, primarily fencing. 4. The general area surrounding the property is used primarily commercial; that the property to the north is being developed by AVEST PLAZA for the Fred Meyer shopping center; that the land to the west is zoned commercial. 5. That the property is adjacent and abutting to the present City limits; that the property surrounding this lot is in Meridian. 6. That Elliott Industrial Company, an Idaho Corporation, is the owner of the property and is the Applicant; that it has requested this annexation, zoning and conditional use and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application stated that the present use of the land is residential with shops until November 1, 1995; that the proposed use is for a commercial wholesale and retail sale business of vinyl products, primarily fencing under the name of BUTTE FENCE; that the land is presently zoned by Ada County as Rural Transitional (RT). g. That the property included in the annexation and zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE - 2 BUTTE FENCE application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the property could be physically serviced with City water and sewer. 10. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 11. That the Applicants representative, Chuck Elliott, testified at the Planning and Zoning hearing that the development would be a vinyl fencing and decking company, wholesale and retail; that in reference to the staff comment item #1 from the Assistant to the City Engineer, Bruce Freckleton, the legal description is being redone by Pinnacle Engineering; that the handicapped parking stall will be located closer to the building entrance with proper marking and that the Ada County Highway District's recommendation or suggestion, regarding some cross street ties, will be coordinated into the landscape plan. 12. That the Meridian Police Department, Fire Department, Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments; that those FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE - 3 BUTTE FENCE comments are incorporated herein by this reference as if set forth in full. 13. That Bruce Freckleton, the Assistant to the City Engineer commented that a legal description shall be submitted for the proposed site and shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian and 1/2 of all other adjacent public right-of- ways, and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158; that water service is contingent upon positive result9 from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non- domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City. Ordinances; that off-street parking, paving and stripping, a drainage plan, sidewalks, and signage shall all be provided in accordance with City Ordinances; that the paving and striping shall be in accordance with the Americans with Disabilities Act; that information on anticipated fire flow and domestic water FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 4 requirements for the proposed site is critical for determining the water serviceability and needs to be provided to the Public Works Department; that the City of Meridian owns and maintains an existing sanitary sewer main along the north side of Fairview Avenue to the intersection of Dixie Lane where the main turns north up Dixie Lane; that the center of the proposed Butte Fence site is approximately 200 feet east of the manhole in Dixie Lane and that City Ordinance requires use of the Municipal Sewer System when a property is within 300 feet of a City main; that assessment fees for water and sewer service are determined during the building plan review process; that Late Comers fees will also be charged on installing the water and sewer mains to help reimburse the parties responsible for installing them. 14. That the Planning and Zoning Administrator, Shari Stiles, submitted comments and they are incorporated herein as if set forth in full; that a minimum landscape setback of 35 foot from required ACHD right-of-way will be provided; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area; that the display area shall be uncluttered; that all off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse iunpact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is FINDINGS OF FACT AND CONCLUSIONS OF LAW - SUTTE FENCE PAGE - 5 required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 15. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full; that the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting .the parcel prior to issuance of a building permit; that one driveway from Fairview Avenue is approved and shall be aligned with the existing driveway for a church on the north side of Fairview Avenue; that this would require shifting the driveway to the east; that the Applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries; that paving the driveway its full required width of 30 feet for at least 30 feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15 foot radii abutting the existing roadway edge is required and copies of the recorded access easements shall be provided to the District prior to the issuance of building permits. 16. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 6 BUTTE FENCE B. Under LAND USE 5. MIXED-PLANNED US8 DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 7 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and ermitsgawhen measuresatehnonresidential uses are proposed. appropri 17. That Section 6.3, of the-LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 13. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 18. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. lg. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: C-G General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost en ac lof w =Oh osed building; to provide for a review of the imp P P commercial uses which are auto and or hie hwalenor d arterial located in close proximity to maj 9 Y streets; to fulfill the need of travel-related services as well as retail sales for the transa.ent and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall. not constitute co~ercia developmentvelopment and encourage clustering of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE - $ BUTTE FENCE 20. .That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 21. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 22. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW - SUTTE FENCE PAtiE - 9 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 School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and t1ie~City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 23. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the iiaperilment to the health, welfare, and safety of the citizens of the City of Meridian. 24. That Section 11-9-505 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." 25. That Section 11-9-605 G 1. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 10 "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.* 26. 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;" 27. 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." 28. As stated above in Paragraph 3, the Applicant submitted an application on a conditional use to allow commercial wholesale and retail sales of vinyl products, primarily fencing; that such material on the conditional use is incorporated herein by this reference as if set forth in full; that the Applicant did not specifically address the conditional use for the wholesale/retail business at the public hearing; that as found above, the Planning Director stated that the Applicant needs to provide a minimum landscape setback of 35 foot from the required ACHD right-of-way; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 11 area; that the display area shall be uncluttered; that all off- street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 29. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE - 12 BUTTE FENCE and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 13 annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to construct and operate a wholesale and retail sales business of vinyl products, primarily fencing which are permitted uses in the C-G district.. 12. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the city. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAQ~E - 14 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 15 property is in the best interests of the City of Meridian. 15. That it is concluded that 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council shall review applications for Conditional IIse Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the fixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan 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 as long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. .The property will have sewer and water service available if the Applicant extends the lines. f. The use would not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGB - 16 BUTTE FENCE 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. and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement should be entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. 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. 19. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- BUTTE FENCE PAGTs - 17 20. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview Avenue. 21. That these conditions shall run with the land and bind the Applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of a conditional use permit would be in the best interest of the City of Meridian. 23. That if these conditions of approval are not met, the property shall not be annexed and the conditional use permit shall not be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER RAE D S~-~ VOTED / VOTED ~ " ~' ~, COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED COMMISSIONER JOHNSON (TIE BREAKER) VOTED_ FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 18 BUTTE FENCE RECOI~II~IENDATION The Planning and Zoning Couwission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit under the conditions set forth in the Conclusions of Law. MOTION: APPROVED: DISAPPROVED:- ~ ~~ 9s FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 19 HUB OF TREASURE VALI._ _ COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA A GOOd PISCC t0 LiVC MAxYERRINGTON WILLIAM G. BERG, Jr., Clty Clerk ROBERT D. CORRIE JANICE L. GASS, Clty Tresaurer GARY D. SMITH, P.E. Clty Enplneer CITY OF MERID LAN WALT W. MORROW BRUCE D. STUART, Water Worka Supt. P 62 COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parks supt. MOE AUDJANI SHARI S. STILES, P a z Adm. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Flrs Chief W. L. "BILL" GORDON, Police Chlaf Phone (208) 888x433 • FAX (208) 887-4813 ,~-q ~,~ ,,-» , ~ ~~ - •_w ~~ ,L CHARLIE ROUNTREE ~ ~ ~F. <w• ~~,~~ TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney PUbIIC WOiks/BuiWioB Department (206) 887-2211 GRANTP. KINGSFORD 0 ~ ~ 2 ~ ~~y~ Mayor x y,~ gg 77''~' OIT' id7c~1"~lfiiaYf V 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Annexation and Zoning for Butte Fence - BY: Elliott Industrial Company LOCATION OF PROPERTY OR PROJECT: 2065E Fairivew Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. VYEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM $, FINAL PLAT) BUREAU OF RECLAMATI LI)F(P~LIM 8~ FINAL PLAT) CITY FILES /_ . ~ %/;- ~ ~ ~;~~-- YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Wster Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P fl Z Adm. KENNETH W. BOWERS, FlrsChlef W. L. "BILL" GORDON, Polies 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) 888433 • FAX (208) 887813 Public Works/BuiltiingDeparlment (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P fl Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM MEPPER 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Annexation and Zoning for Butte Fence BY: Elliott Industrial Com an LOCATION OF PROPERTY OR PROJECT: 2065E Fairivew Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CJC 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 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~y " `~ 3 YOUR CONCISE REMARKS: T is NNPX~ !~-~, wt`s. N~~ B~ i te` ~.frv~ t 0~`~21995 O~nO JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary November 10, 1995 TO: Elliott Industrial Company 424 Pebble Beach Way Eagle, ID 83616 ~{' ~~ . • ~"-'' .~ ---~ ~r r ~ ~ ~ €4°w3 FROM: Karen Gallagher, Coordinator Development Services Divisi ;;~`;~ ~! ~ r j-~L>:'az:.>:.j - SUBJECT: MCU-21-95 2065 Fairview Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 8, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian add county highway district 318 East 37th • Boise, Idaho 83714-6499 ~ Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-21-95/MA-4-95 2065 Fairview The applicant is requesting conditional use approval to convert an existing dwelling and outbuildings into a wholesale and retail business, primarily for fencing. The 1.0-acre site is located on the south side of Fairview Avenue, approximately 1/3-mile east of Locust Grove Road. This development is estimated to generate 200 additional vehicle trips per day. Roads impacted by this development: Fairview Avenue -Principal arterial with a bike route designation - Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) ACRD Commission Date -November 8, 1995 - 7:00 p.m. 1 ,~ ~r1 O ~ ,j r T /_~ ~ .J ~-f~ \yl ~~J ~ ~ ~ Yl ~ ~ I i -- aaaaa ~F R ~ F R' ~~ ~~~~ N ~~~ m _, ~~ ~° D ,i~~~~e rt"~ 1~; ~i~g ~.~. .. ..i) T8gy~ eH ~ I ~ +~5~ ~ ~~ ~ ~~~ ~~~ 2 tltgi~L ~G a~ ~~~ ~ ~ ~ ~ ~~ i ~~ F v~~ c F ~ '' ~I .~ d i ~ ~ ~~ ~ ~ ~~ ;~ 4~ ~ R r t . ~I s ~ ~ 0 ~ ~ r :~ r~ r a z z a v -~ a BUTTE FENCE F~ . i fit; I~ ~ _rxE u-aD CROUP ELLIOTT INDUSTRIAL CO. ~ ~ i E~~ t ~I ~r~ ~+rr~ ~ s /r.~r ~~ /s fYOR~ ~R _ ^rrw. er.~~ ~ w.. au ~r ~. tr err . ~. , oyM Facts and Findings: A. General Information R1 -Existing zoning C-G -Requested zoning 1.0 -Acres 0 -Square feet of proposed building 3,816 -Total square feet of existing buildings 1,000-square foot office 2,816-square feet for two storage buildings 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with a bike route designation Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) 100-feet of frontage 100-feet existing right-of--way 108-feet required right-of--way (54-feet from centerline) Fairview Avenue is improved with 7 traffic lanes with no curb, gutter or sidewalk. B. There is a dwelling constructed on the site that has a gravel driveway from Fairview Avenue. C. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot wide concrete sidewalk) on Fairview Avenue abutting the parcel. These improvements are estimated to cost a total of $850.00. D. Staff recommends that the site's driveway be aligned with the existing driveway for a church on the north side of Fairview Avenue. This would require shifting the driveway to the east. E. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. F. Staff recommends that the applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries. If and when the abutting parcels redevelop, the same requirement will be made. Without such easements, the possibility exists that each lot on Fairview Avenue will request its own driveway, resulting in a driveway every 60-feet. MCU2195A. WPD Page 2 G. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. H. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on November 14, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel (approximately 4 additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a $850.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 100-feet of 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel prior to issuance of building permit (or other required permits). 3. One driveway from Fairview Avenue is approved. The driveway shall be aligned with the existing driveway for a church on the north side of Fairview Avenue. 4. Pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. Provide the District with copies of recorded cross access easements to the parcels abutting the site's east and west boundaries prior to issuance of building permits. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall ~Prlfically identify eac r ~~ ~~, rn„r *nPn l o ld r S ~1 in a ~ an la a Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. '~"^P rP^'~PSt for ~ngal h~ S~P~ifically identifv eac MCU2195A.WPD Page 3 ~quirement to be reconsidered and include a ~=~ritten explanation of why such a requirement would result in a substantial hardship or ine uity. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. ili street cuts in roads Waved within the la fiv~vears will not e allowed unless annroved by the District Commission. Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of Meridian. 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Continue existing irrigation and drainage systems across parcel. 7. Continue borrow ditch drainage abutting parcel (culvert may be required). 8. Provide written approval from the appropriate irrigation drainage district authorizing storm runoff into their system. 9. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 10. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 11. Submit three sets of street construction plans to the District for review and appropriate action. 12. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 13. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 14. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. MCU2195A. WPD Page 4 15. 16 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services Staff Date of Commission Approval: NOV 0 0 1995 MCU2195A.WPD Page ~ ^ Boise ~.{:: -, .'~.~^ Eagle ~R~.M~• Rezone # ~,~ ,~ ~,,+' ' = ':~:..o.~ ,Garden city Conditional Use # ~~ ~Z ~cN c ~ Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I. We have No 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. 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 ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ~~ S `~ A~~'~ ~.~j ~ r i i"~-r2 iA- ~!z S ijftr b,,;,r-r~z ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. 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 /~ 15. ~/`~~,! ,O/'~ :~J c?) UI ` i~~ ~/ /,.t/c % o r3 c C`/,4-Lvt7L~~ Date: ~ J / ~ ~% l1~ ?~ ~ ~~~ f~ ~~ ~X/,j;7n~i- ,f'c~°~7c_ Reviewed By:~ sss-~~-i i.~ ~c ~~fr-rte, (:S4NNLC~-or~ '7'r+ c'_ ~i `~ Sc+,J~ ; s iZC~J~tA~t~J.'ll . Review Sheet CDHD 10/91 rcb, rev. I/9S CENTRAL CEN I ItAL DISTRICT HEALTH DEPARI-MENT •• DISTRICT Environmental Health Division ~;- ~--~ ~il~'HEALTH ~~z~. DEPARTMENT 1 CENTRAL •~ DISTRICT ~`~~'h'~ALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BCISE.10.83704-0825 • (Z08) 375.5211 . FAX: 321-a~ To prevent and treat disease and disability; to promote healthy iJestyles; and to protect and promote the health and quality ojour environnur; STORI~IWATER MANAGE'YIEi~1T RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with 'the design of this project should obtain current best management practices for stormwater disposal. and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORI~TIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore. Boise, and Ada Counties Ada ~ loss tarter OIQes 107 K Amponq PL wIC loos • wluidan i Q 0 emor• camp oee• Omon CaNp Odes Va1gr Ca+n1p Oin Boas Q 53100525 d 6 ooert Sf. S~ E Sh SdsN K a EnNarn«dal Hso11i P.Q Sor 1118 . Ernra twaRr 121•Id99 Boas. m. 5,1705 Moinlan Hans. ~. 190 S .11-Ste~r E Mctd a 6038 ~W Aorw+¢ 3Z7•IdOp Ph. 1341155 121 Aeendon AC 53617 DA SSl.I107 Mdnkm HOlnt. ~ R~ x141141 nmrrmu~nc 127•)150 . Maralon. a. S3e12 53617 PR 5574?1S NAMorr 127.1160 Rt SSSd52S ® 'MC. S27.7d~ . OFFICIALS WILLUIM G, BERG, Jr., Clty Clsrk JANICE t» GASS, Clty Troasurear GARY D. SMITH, P.E. City Enpirtssr BRUCE D. STUART, Water Works Supt. JOHN T. SNAWCROFT, Waata Water Supt. DENNIS J. SUMMERS, Parke Supt. SHARI S. STILES, P fi Z Adm. KENNETH W. BOWERS, Flre Chlaf W. L "SILL" GORDON, Polloe Chlef WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Plazee Eo Live COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON RD.ERTC.CORRIE WALT W. MORROW CITY OF MERIDLA 1~ _ , C ~ ~~ " j ~ ~ -,P~,ZCOMMISSION 33 EAST IDAHO ' r+n: ,uM ~.~ . JOHNSON,Cha+rman t.A,.,,,1 ~ flfnr„ ~.~. 1 ; 11~RIDIAN,IDAH083642 ,,. ._ . _., •MOEAUDJANI Phone (208) 888433 • FAX (Z08) 887813 • JIAbSHEARER EE ~ ~ „ _ Public Worka/Buildia` DepartmpK (208) 887-2211 2 4 ~ ~ .` TIM ME PPER -, ~~ y ~iV~ CiRAIVTP.lI1Vlrsroizn r r_ 1 n 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Annexation and Zoning for Butt Fence BY:_ Elliott Industrial Comaanv LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 PLA MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA AiERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PREUM & FINAL PLATT INTERMOUNTAIN GAS(PREUM ~ FINAL PLATT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian rrigation District has no comment on the Annexation an oning for Butte Fence. NNER ~ - •• Rill H nson Assistant Water Superintendent T mna ~, MPrid;an Irrigation District ~i ~ Vf Q ? i~~~ ~.~ ~ ~ ` A pp,. ., :. ~.3~ iea~LLiaiJ'+i3 a. ~bUl1UCu ~~~1G~1 ~_ _ ~ S. LJ M I 1 L '. 1 . i ~ i11 . ~ ..+ ORDINANCE NO. 721 ~Q; ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND, fi"""r NG 2 ~ REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LA13IP ~~~N~A OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO_THE OFFICIAL PLAT THEREOF, FILED IN BOOR 12 OF PLATS AT PAGE 665,`~@~2DS-0~'~ ADA_; . ,_ ~ COUNTY, IDAHO, AND LYING IN THE NW 1/4, .SECTION S, 'g':`'~`N: , "R:~1 E:', B.M., ADA COUNTY, IDAHO AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land being a part of Lot 6, Pleasant Valley Subdivision, according to the official plat thereof, filed in Book 12 of Plats at Page 665, records of Ada County, Idaho, and lying in the NW 1/4, Section 8, T.3 N., R.lE., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the North Quarter Corner of said Section 8 , T . 3N . , R . lE . , B . M. , Ada County, Idaho; thence along the north line of said Section 8, T.3N., R.lE., B.M., Ada County, Idaho, N. 89°59' 16" W. 1061.24 feet to a point, said point bears S. 89°59'16" E. 1591.39 feet from a found Brass Cap marking the Section Corner common to said Sections 5-6-7 & 8, T.3N., R.lE., B.M., Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence leaving said north line of Section 8, S. 0°30'24" W . 4 0.84 feet to a set 5 / 8 " iron pin on the southerly right-of-way of U.S. Highway 30 (Fairview Avenue) and also marking the Northeast Corner of that certain parcel described under Instrument No. 9201051, records of Ada County, Idaho; thence continuing S. 0°30'24" W. 435.71 feet to a found 5/8" iron pin marking the Southeast Corner of that certain parcel described under said Instrument No. 9201051; ANNEXATION ORDINANCE - BUTTE FE~iCE\ELLIOTT Page 1 thence N. 89°41'38" W. 99.99 feet (formerly 100.00 feet) to a found 5/8" iron pin on the west line of said Lot 6, Pleasant Valley Subdivision and marking the Southwest Corner of that certain parcel described under said Instrument No. 9201051; thence N. 0°30'24" E. 435.96 feet along the said west boundary of Lot 6, Pleasant Valley Subdivision to a found 5/8" iron pin on the said southerly right-of-way of U.S. Highway 30 (Fairview Avenue) and marking the Northwest Corner of that certain parcel described under Instrument No. 9201051; thence continuing N. 0°30'24" E. 40.07 feet to a point on the said north line of Section 8, said point bears S. 89°59'16" E. 1491.40 feet from said Brass Cap marking the Section Corner common to Sections 5-6-7 & 8, T.3N., R.lE., B.M., Ada County, Idaho; thence along said north line of Section 8, S. 89°59'16" E. 99.99 feet to the point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways shall be tiled, including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That .the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G 1., H, ANNEXATION ORDINANCE - BUTTE FENCE~ELLIOTT Page 2 K, L and M of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ day of February, 1996. APPROVED: R -- ROBERT D. CORRIE tit+'t•~•. ATTEST: ,/~?~> ~, WILLIAM G. BERG, JtR. =- CITY CLERK .~ \,. i ' •u' ~~.~.:~'.'.a G ANNEXATION ORDINANCE - BUTTE FENCE~ELLIOTT Page 3 STATE OF IDAHO, ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled. "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOR 12 OF PLATS AT PAGE 665,. RECORDS OF ADA COUNTY, IDAHO, AND LYING IN THE NW 1/4, SECTION 8, T.3 N., R.1 E., B.M., ADA COUNTY, IDAHO AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 721 , by the City Council and Mayor of the City of Meridian, on the ~ dap of February, 1996, as the same appears in my office. DATED~,~~.nc~L~r, ~• ~' .;J ~.~ ~~ - s ~~ ~~i ,`~ .. STATE OF IDAHO,) • ss. County of Ada, ) day of February, 1996. /_~r p~~ City Clerk, City of ~Meri:dian Ada County, Idaho On this ~~ day of February, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~.,~„<<,.s,~ 0 r r, /, .,• .~ ~n ~~ .. • @'t~ F.: . _ "' o~ ~ 1 _ y ~ SEAL NQ J '. ` ~ .. ;~ ~ . MY ublic f r daho at Mer Ian, Idaho ssion Expires ~/-~- ZCUD ANNEXATION ORDINANCE - BUTTE FENCE\ELLIOTT Page 4 1 1 i I 1 ~ 1 1 I 1 II I I 1 I I I I II 11 II II II 11 N t7 t7 i] .....__-. REASURE I I I 1 I I 1 I 1 I 1 I 1 I I I I I 1 I 1 I \ I 1 I ~ I < <1 11 1 ~ ' ~ ,~ ~ \ 6 ~ 1: i ~ ~. Ili ~;, ~ ~% ~ VALLEY II ~ I , ~_ II % II ~ I 1 -.~ II II , '/ _ EAST JEWELL `-----; ------------------------ I I L ,~ II , , ,I ,moo,/ I /C~ ~i ~ ~'~~ iii 1 ' 1 [' ~' ~\ ~ i ,, I ~ ~ ~ BUSINE; ~`~~, ~ , I' ~ i - ,, I 1 I I \ ~ - ``:~\ I I ~ ~ ~.~' I 1 3 11 I , I `\ I 1 II I ~...~ 1 1 j ' it ~ I I! =.u ~ 1 I~1~, I 0~ll I .; ~ZI':i i 11 I i~ I11 ,I I I~' ~ .ill II ~ t, 1' ,,~ --- I --- --- I 1 , - - - - - _ _ - ,, - ~ I t I I il~ ',--, -~J I , II 1 I II I , ,, ,, I , I , I , I i 1, 1 , II II ,~ .. II \ ~"I , II ~ I ~~. I ~ --; ~i I . -- PINE .'•VQ`IIF FEB-16-96 13=23 FROM=USED SEATTLE t r. ~oyc oisr~~~f TO: COIVXPANY: ~~ PAGE FAx #: ID= FAx Co~vER sxEET U~ - ~~ 7- ~~13 FROM: U.S. LONG DIST,A,NCE REPRESENT'ATIV$ ~/,~~/rr.Lfvlr ~/~O~t- SUPJECT: Gt/Q~c.'-~- DATE: 1~t0.OF PAGES: (Including Cover Page} COlvIMENTS: •r / ,~ ~ T ay. T o~ ~v ~u~~ Seattle Sales Office 2001 Sixth Ave, Suite 1970, Westin $nilding, Seattle, WA 98121 1-800,866-8714 (206)443-76I4 Fax (206)443-7619 FEB 16 '96 14 32 PAGE.01 FEB-16-96 13=23 f2iosirr~ile TRANSMITTAL to: Scott, D. L. Evans Bank fax #: 208-678-9093 re: Line of credit for Elliott Industrial Co. date: February 14, 1996 Pages: 4, including this cover sheet. Scott, I am trying to secure the line of credit Chuck spoke with you about last week for the property in Meridian (Butte Fence). I understand the city will issue us a temporary certificate of occupancy once they receive the line of credit paperwork from you. The city has not made a defirrite decision on the sewer and water hook up; however, it has been suggested we will have to go to a depth of I6' on the sewer line. Based on that, I am submitting the bid that reflects that work including a fire hydrant, and the landscaping bids for work yet to be done: Lynn Construction Sewer $16,642.50 Lynn Construction Water $ 9,921.25 Innovative Design Landscape $14,370.00 Innovative Design Lighting $ 3,071.00 'TOTAL $44,004.75 110% of bid total $48,405.23 The P & Z Administrator for the city of Meridian said you could fax the paperwork to the City Clerk at 208-887-4813 with the originals to follow in the mail: Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 (208) 888-4433 Please Iet me know if you need anytlring else from me, I can be reached at 334-3216 until 3:15 p.m. today or at (206) 865-9138 on Thursday and Friday of this week. Thank you for your assistance. From the desk of... Kathleen EICioRt EducaDatal Assistant Emergency Services Training PO Box 53720 Boise, ID 83720.0096 208.3343216 Fax; 20334-2365 / E-N~il KElfiott~VED.State.ID.US FEB 16 '96 14 32 PAGE.02 FEB-16-96 13:23 FROM:USLD SEATTLE . ~ d2-12 96 11= 46 ~Yt Sy. CONST. • INC ID: T:1-20463-6376 P~~ ~~~ GONSTREICTCON INC_ ~ 8915 Ed lane ~ CaidweU, i~ho g3~5.Otfica ~) 459-2208 6~1t~TAr~I, R) xTT. R(XJti'rtt a•I.J4> ML•` I1rli.rrJ1-'.5 t:X CLi~H 7l~ Nt~.JtYf' ~ITlT `•. n~tsrpwr~~~~ic~'r~mxF.R•usw:Pi~Kl+w~R~u:tnv.~..,......_.....- ---- -, -- Wi?!CK tM+.1ti:lCUfFillntfl~V .ESS 011QilZ wLiJ: Nafnv), DwST Coxrltol. ANY nND plJ. J~atNCT~ c1lc r>~Yr~ w!!~T M1 Ar)n!a) e:NnRal:.x~ sb t'~:t:.AVArID iv1A117tUtr_ r0 LtJ?.MAlN ON~SCIC. AtsY rbR'ORTFD 1ZAC ( ~( TI{AN NQJ<Mni. ItXC.avw'f K~t1 WILL HT AT AN E~Cn CYA. JL()GK GJ~US~ ANY ROCK J•?:c:OVNtNRC~ TiIAT RSQ(7iR JtOL' U~:- Jtl/tSTING, H~ PLUS M~DIJ7I]TJ+7'K)P(. Nd. WgRY. Will. -Ji: P~xwkHJen>' AS WN't'tCn47(nLs vCrtri~J~ Ml~ ALL R~RK Tn Etti t"(rlel+Oklv~D A.4 Si'T:CffiL•D /1r~'D rid A r'ItJNNS5I9NnI. MANM ]c. Af: eviu>uux: 'tt) ~7AIv'AARI) Pitni"t~ I AINA()J4 (u' nrZY) vvlt,S. ~. DLTIr AND Pw1CNU.C i1O LATER TIdA>3 sa i~nrR n.F nac trlt: acUJ'£ f~F W01ac s~h~Crclti£v AJjo RP/1'IKS7MlLlAR.Y:6P'I®. TrJLS>'FJ01`t).1ALMAYFtIilwCT3•II~-tAWNrtY[1SlNltxt'I1~cx6)MFiD~~ll~~~ilS,i!)~AYS. ' YATtr3)KY: • •-- )~fA' I:W l.. Ulil~~OVi51CI pC'Tp.fATGR :!e@'YAN(:G U!r I''ROPGSAI:. TtfE AlX)YI% I'KK:ta. ,c7'-xY'AGAYJOI~ APfA Gor.'DlTit)1~5. AICk Lir1Ct73Y A(:(:!']'Tk~ll~ Y~)lf A ffiCYRrZJ7~ TU W 'L'iJE WORK AS S{q;~Tici). Jyc()(rJC>aaS YAYMF.N'IS 1V'4I. IJJi LAADf: oiN TklK JOIb W 'mia McNrrn r~cna.Awt (,p•1Q, WYj[I Yr1V.aJ. PAYrkrtT C)K TiIC tOd~ VP TFiP. MQNTTr (7NC7J.tMt:(! Kh7alNAt»i 1! t-NY) Jr01lAWiNCt CArril'1JTlVN A LtATJs EVI?@1(f J31tIiNll~ ~ ttS ~! FEB 16 '96 14 33 PAGE.03 •*NOII;;'It•IIS t1c n fri: 35 AS FPJL YtrF~.IIvra~vlRY DRAwn~ras UDU.Y. J'Jctc:e`• wNS.!!li AJ)JUST A¢J't7t Ci IALVCiL u' nrz z w eot~7XU(.'fJ0-~ r~tenwnvcfs. PAGE 4/5 ~n'~g d Proposal P~ Incorporate Atj a0awiop ar diallapfiale a0teliofioimlebr ar aQedmse/ M aatadQ odj yap aailap andars ~ y w arwar a<let ar~lt 2827Sooth 11+~ei3dhll,Ida6083642 /~~$-'~'nQ /~ ~-7~~~Z t / ` ~ l'nsrovadve ~deaacs That Wos•A~ ~ DATE: 7 February 1996 20796't05~ We are pleased to subrrrt Nas proposal to °'~°'°°~°.w+saeaea..,a~amt~.a.ar.r+..ek.araa we~oaa.^av~yra~~.at.a..wva.rcr~d~ox armwa.pted7.~, eea~alM.swsetaiadte~tsaPiaRfdngasMlapMaOa~Waattea'!a~ Atlbnrit0omb edeauit4rroecarwrlyaMara7aaautiaata~tatt~aptfecsisnod-d16sAr+w~aara. h~mdbthaae~oaosailtMtJaaeaog mNatekya9swalaeemldeaabr. /MawMemretnawdae6aPdo.rotMMO~eR.awsd~fM~tdrpoiwnlt HMtet ~ ~es,w: aeoea+(t bre. to leaed.. a..t a~Y•ibut aags « ca^.a e1.1+4 na bw6ts.:mmrb tapyaA /~tR aeaesasa. ~4 Wet penes bI11tO111MI eaabfala[M apf a1/M[1maMtbsaaltlOpa~aA Cr001 (aapt~alMl{, ~®ddlalrtaaaKee~t~trAeAory¢~careteraelsearttS~Mtlsyprrot4.aidilS~F+rAOb.Oaep"totd a~iPwa4fera~aaeatdagMloisP~mR~B~~aeti~} Is eA~ia6eee.irAtla7tmeaaaw~asA'~afsaM ~weeia~oe tset, 7i~oaned. rme asaoaener~ueas Wis pyG ep msored arrsew a eaaeMsileedest esap ahwi7r. flr „~p„~.ao~.a ee~a-~'" ~ ~~~ale' ~'~`w.s.~v~"` Chuck Elliott - Bute Fence Zfl65 Fairview Ave,. ~ Meridian, Idaho 83642 aMor>.s cord Remaining work scheduled for spring 1996. (When the weather improves..,} ~ To complete the asphalt drive $5,500,00 i'o oomplete the irrigation. $1,100.00 Sod -12,000 sq_ ft estimated. X3,600.00 Grade worts .... $@00.00 --- 13erms -----$350.00 Plant material 1566.00 Weed barrier $675.00 Gravel for beds ---------$980.00 tlt~ess otlrenMCe noted, a1 gwuslttes of sod, topsol, and excavated or DaclCb9 maderials, and ttle~ a4socatcd Doses are estimated and rr,ar ~Y by ~. Gyaraatee: _aoeCauou~bopt~4rxoekrorapeaieada+eyeer. c#~raeeesaoespotoward~+n+ogeduebu+eezng ea~oltla~wiiarfdl. Mdc~s~apeweee;moaiNpofylsl¢, sndlor Dresss lteoa draw TES: llEr rHIE tDPOt~,60MP1.$410ta ueGte etharwilae mea~trapc Owe iMa eade, a eawics dr~o d2x pa tbtla {~dlx P.aeman)r.+p ba eir0.s o Tax eePa4t bhtw..a~ aw~pl arca9 ~[ ua WatdJab ean{~ereew. Ma.a6..~R awree a em.ee e[.ey„eaml,, «ae Wa We Propose herei~y to fearistr aaakeriad .eadm.tae,r~.u»>;r.,wdu.a~eaaebaeme~l~ear~,y;aeawaarw'ree:~.~ty..u.~weyt~ aAdfatror,completekraceotdar~aw3ttabove .u siotaid m ttpea.adm e. x aoa+saa ~Oivaodc lose meoiaed: aeiesa~pa$e ~,,. etaeasOq w mr~d woes, for the sum Ot wepbaa Pdmp 9~ s~ as comas at a awrrr.mdc eduss~ m me weR4n ~ dwk and ee twlee eta $14,370.00 odapYtodyaarbOateeri,daegrt°c~+~P~mort~+ At mr'~~~rarseuwadeett eadayeooaatermaNK~fwn~ lsemi.e:as~a~u~falbrteraasrwr/aeaaaYbeldaNleremi~.brarym.ana alpt ~*y'"~ Authorized fnnwalirtw~ 7 aed hale hroltrat, let Geroad Caeera0ar, 76t Owner, oaf am aMea ~~ i~t 6om aN' ~. ea+t,ea~wpeaiehStYfoen:~jory«da.lUd°^7Pansre.wdadp9~aaiw'swRleteaa,«dreyeardomsaiand°.7 Vf~rl'e~klre / yiopwpad~hgMorinteaatafaeti~AllmMpkdMriaa~rbtlrnseitdMnaaiw'ene~rgaaaat Ye a;ataRagcod. ~~~ iere «~aa~ new eiiria.r rewca, a secs awneye «eaeinrcirn ei am Nepariy a ~n a am ai ins ~+9an9 o~iaee sae wrak dur Gawnl Co.mea«, «Tq Owew, 4r C'eneral Ca~pea«. a Tlw Pw+« vil iisomilr nd hold boenMea eww.~..,a~...,~.gel.w~.e~wea.~,...a~em..„..a.r~»ce~,lc««.wac«„~o.~~.ee.~ lilts proposal maybe nth r~rvm ter n~ shaU e.am.. wen el~awe deto. po~sa, • nena.hr eepplaeb carwa 60 by us if not 2locepied vv"rihirt days. ACCE~1falD~ Of Proposal ThQ above prices, specir~ons and oondaiora are aas+e~eatory end ace horoby accepted. Nrtoveltire ie alrthormpd to SIGNATURE do tfre work as speci5ed. I agree to make payment as outtrred above. ~~ ~ accEP'rAt~tcE: SIGNATURE FEB 16 '96 14 33 PAGE.04 5/5 ~- ' Innovative . Proposal r ~ , ~~ Incorporated ~ JI a0andfm «driamim ioq s Erav a aet.dtud vr~ ha eaoa~or aab e0dn11~fie aidaq ~ ~ ~. am «or er«a z827SovHt Eagle Merldis~, Idab~o83642 w ~ ~ a~ ~~ ~ ti a ` u .~ «« o .e«iij~Oe ~eek a ~ ~ ~,~a» M (Z0~)88$-7'J1A (Z08~SS8.7726Fas +•~mee~ee~ram..~gmww.o~e~o..~c~,sum.~aai..o..gaq...~r.~.o.oe~.~. ~ ~~ ~~rwtrwr,eabpnNdtrtsec re..~.nMersao~.a.odsr~aeegl~r..t•.f~on.~di.~..ageo~. wlw. r~ rd~ r~ ~~ ~-~.~.,~+iatq.e.ma..~.p....qe...~,~.q..~««.~.~.~.~~..~. :~.w. . ~•P~P~.+eemRm.+~d, ~i.q a~geatryfro..oy ee.~.el««aer d,.gaaon. eoy«stororaltAef oergt t~•r~whai reYOnarrs«+ee..~,.aa~.~~e...~...w.e.~wt+soor~ .r~sa «•• v . os.~-.~r«~a DoC!l~NTNo. ~.r.a.r~•.,.a...t.ire.~r-srE~e*~rna~rr.r,.~'.r~.,~r,.~ea~gsr.o...e.voe~s.~r ieoeedHt~ao osm. Tu®nd rw.06tan«ggpalqa tllio paejoat tr aaoo~r «tt0ige aw ~.~.. to OaeaS~slr.oop. da~rar DATE: 9 February 19A6 0009961058 .~. t~ ~~a~ r We aze eased to s>lbsrot firs >b; Butte Fence ~ rarrnew nve~. ~ 'f10NOr Meridian, Idaho 83642 .cgans anti tasting lighting Proposal: 6 flood !' 8 s Ei and 6 ~9~, t~ 9MS, arras tights installed. h~clitdes wire and two transformers with tuners and --' .................. photocells, ---------•-•-•------- $3,07'!.(30 ~-~ ~` .f it' ................. lk>tess otherwise noted. atl quazttties ot` 9od, topsoil, aad excavated or badd0 rnatertals, and their assoaated costs are estimzted acrd may vary by 2096 CY1taI'8IItgg: ~-an0r"p1 ene0omm~orOn4yaianmeefc6oraDafoddoieyear. GLr~rs.aogc~occorrann0ae,.mfi~mig oadtlerq.w:~ur1A~. gsx~raAa+.4wsq~..~prirwaadMR ceder otvanaet~ QnartriCeistars t a one _ T-is axt:noccv+ar due to or pte~ts Rash afe~sa 7k~CS: t~R'r't~trLa tJFt1N CbMrLL^TIp~1 rr. a.... e•o roadR. aenka aueoyo ar2% Pa aoM ~td7L prouaq~).A s. chatrd ~ MQdIMj00,6fNaRivJiard~7Le~ae~~ihlt~and w7iwsitsgMrandfdod~aiaoi~arq~o a~ ;~d~• Tax 1re~/VpOiSe (~s~(y'/tp «. ~r .~,rt.gortheeloeyx and tabor, Lt accorttmce ~11~ii dWYQ ~rROfal~la gim~wuehe.aaapeaifod.~w.scraeedepr.sr•wWer~Ekamriewaoaa~i,roawdi.d imdius. P+faae Vowed train we h«ed oe a aanawrrak Wrdob, tnths aw dr aage dvall enaml Ea aomid ra eraplged ~feOCtel+r7 fu M t l ~taF~i@Sgilo~ $3 071 P .o erymr. o ol m~rloaaawtOSee9adgad ALa~daq..re~l6srmarcaiweeauoid~hse dalo~e w qa[ «aaeploem Oanc Mow6e m noC iaomaiiztordae ausen!`at ~7 f~, q~y~ ~7larq~r 1M! , . Mt A1a60 Oy gtMr. in~e+oYi.s vi wdermdramdAotd taonteet, Ma tianaal t:adiad«, lks Oirie , and airy aior ~ypicaWa loniaa fae °7 toga AUlf10rLZed . eaoGAMaa!nais04r4emMi~wardaa4~dawPotwgiKi~b9~p~,e~'~°°t°!'°oo,adanoge«dwn~eadary (o~wRy~s~,«~camx4ae.~aastb.aii~arra~oalF.uu..~moncaffeaarot«.nw~ca r~ao.,.gaggr.~t, i SEgrrature ~~ roes ar oonr wq rrewa.sr soave, «sncw apse a aawnom of a^r toaPRy «a"o9oaon q oat of or ~ao'-a~Y aina ban rho rak d1M Garrard Cegwctay at lht Oynrr,vr C+ewl Camracfor «Ths Onns.dl odonr~ and hAd hoRNass ~"~~ ~a~ee~~.a,.ak~ene.~.q.r,~~,.,,caq~.~.ar,h.a.ar.~.,~aaa rpon atginaae «ooiA pamea, s maaaq aeespawo eorgo« a gsga~ This Proposal may tie g by us if not accepted within ~ days. Acceptance of Proposes) ~rr,, ,,~ end oordR.on. ett~ egtwfgaeoay gaKl qry F+v~by gaw.pcod. NroNh"vs~e..a t+o SIGNATURE cto Me w~ort~ as spticlRtd. r agree to make patyment as outlined above. narE eF accxaTetarre. SIGNATURE FEB 16 '96 14 33 PAGE.05 ~~ D. L. EVANS BANK O.L. E1/ANv BANK ~C~ FEB 20'96 16 45 No.U1r r.ul hurley Office P.o. Box alas 397 N. Overland AvP Burley, Idaho 8331 Fax 1208-n78-9093 Phone ~20E3-678-907b J F A X If ou do not receive all the a es or ve difficult• r.PCe_vin ourYtransmission, please call P ~~.~ ~ ~- f Number of Pages : ~` Date :.~~~ 9~° F'AX FF2OM RF FEB 20 '96 16 57 . ~. ~ti. ~i'C.l.Qitif- PAGE.01 _._..... `. ID~ FEB 20'96 1646 No.017 P.02 D. L. EVANS BANK D.L. EVANS IRREVOCABLE DOCUMENTARY STANDBY BANK NUMBER: 1033 DATE: FEBRUARY 20, APPLICANT CHUCK ELLIOTT AND ELLIOTT INDUSTRIAL CO. 20G5 FAIRVIEW AVE. MERIDIAN, ID 83h42 LETTER OF CREDIT 1996 Alblon Otticc Corner of Market ~ Mam Alblon, Idaho 0331 ~ (208) 673 5301 burley Olllce 397 No, Overland Avenue Hurloy, Idaho 83318 (208) 678 9076 Ruperl OfNce 3t8 South Onoida $~NEP'ICIARY Rupert, Idaho 83350 CITY OF MERIDIAN 12oe) x3s~22ss 33 EAST IDAHO AVE. Twin Falls Ollice MERIDIAN, ID 8364 ?216 Blue Lakas Blvd No ATE 1!jp PLACE OF F;2jgIRE: AT THE COUNTERS OF: Twin Falls, Ida-~u83301 D . L . EVANS BANK (208) 73x•6700 BURLEY OFFICE P.O. BOX 1188 BURLEY, ID 83318 ~,~=20-96 AMOUNT- $48,405 Credit available with us by payment of drafts) drawn at sight on D.L. Evans bank, Burley, Idaho bearing this letter of credit number, and accompanied by the following documents detailed herein; 1. The original Letter of Credit. 2. Beneficiary~s signed Statement stating quote "C N,g~ Elliott.___B,lliott Industrial ompany" has failed to honor his obligations with the City of Meridian, unquote. 3. Partial drawings are permitted. In the event of a partS.al drawing, the original Letter of Credit must be returned for endorsement of the amount paid. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 revision), International Chamber of Commerce Document Brochure No. 400. We engage with drawers, endorsers, and bona fide holders that drafts drawn in conformance with the terms of this credit wi11 be honored on presentation to the above drawee. Sincerely, D.L./lE~s H. Cott Horsle Vice President/ BS/mb nior Loan Officer P, O. BOX 1188 BURLEY, IDAHO~B3318 ~~~~ FEB 20 '96 16.5? PAGE.02 OFFICIALS W~LIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty 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 S. STILES, P 62 Adm. KENNETH W. BOWERS, FIroChlef W. L. "BILL" OORDON, PoIlceChlet WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO IvIERIDIAN, IDAHO 83642 Phone (208) 888~4~433 • FAX (Z08) 887.4813 Public Works/Building Department (ZOB) 887-2211 GRANT P. KINCbFORD Mayor COUNCIL MEMBERS RONALD R. TOL8MA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P i 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Annexation and Zoning for Butte Fence BY: Elliott tndu>:trial Comu~n LOCATION OF PROPERTY OR PROJECT: 2065 E. Fairivew Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C 606 CORRIE, C/C -WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 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: s APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION PLEASANT VALLEY SUBDIVISION (PROPOSED NAME OF SUBDIVISION) 2065 FAIRVIEW EAST MERIDIAN, ID 83642 (GENERAL LOCATION) 87104251800 PARCEL #1800 of LOT 6 PLEASANT VALLEY SUBDIVISION (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ELLIOTT INDUSTRIAL CO. - CHUCK ELLIOTT 208-939-0784 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 424 PEBBLE BEACH WAY EAGLE, ID 83616 (ADDRESS) ELLIOTT INDUSTRIAL CO. - CHUCK ELLIOTT 208-939-0784 (APPLICANT) (NAME) (TELEPHONE N0.) 424 PEBBLE BEACH WAY EAGLE, ID 83616 PINDDCAEES ) ENGINEERS / THE LAND GROUP (DAVID KOGA-PLANNER) 208-939-4041 (ENGINEER, SURVEYOR OR PLANNER) (NAME) ~: (TELEPHONE N0.) 82 E STATE ST. SUITE E EAGLE, ID 83616 (LAND GROUP) (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) RESIDENTIAL (CONDITIONAL USE PERMIT FOR COMMERCIAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) -~6 I ACRE OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) ' APPLICATION FOR ANNEXATION APPROVAL 2065 FAIRVIEW EAST MERIDIAN 1. Applicant: Elliott Industrial Company, an Idaho Corporation Chuck Elliott 424 Pebble Beach Way Eagle, Idaho 83616 (208) 939-0784_ 2. Owner: Elliott Industrial Company, an Idaho Corporation Chuck Elliott 424 Pebble Beach Way Eagle, Idaho 83616 (208)-939-0784 Proof of Ownership: see attached warranty deed 3. Notarized request for zoning: see below 4. Legal description: 87104251800 Parcel # 1800 of Lot 6 Pleasant Valley Subdivision Meridian, Idaho 5. Legal description of adjoining rights-of way: see attached 6. Present land use: Residential with shops until November 1, 1995. 7. Proposed use: BUTTE FENCE wholesale and retail sales of vinyl products, primarily fencing 8. Present district: R1 9. Proposed district: CG 10. Need for zoning amendments: This parcel presently is not in city limits of Meridian; however, property surrounding this lot is in Meridian and it would be consistent to annex this parcel. 11. A majority of Fairview is commercial property with businesses and complying with the future growth plans for Meridian, annexation and possible rezoning to CG would seem logical for this parcel of property. 12. Map of property: see attached 13. Vicinity Map: see attached (30 copies) 14. Surrounding property owners: PLEASANT Var .r .FY SUBDIVISION 87104250950 Arthur & RueLa Edwards 87104250960 A & R Green Thumb 2255 E Fairview Meridian, ID 83642 87104250970 Pine Street Developments 12002 Fiddler Dr Boise, ID 83704 87104251200 Lee & LeeAnn I.ongson 87104251530 3497 Holl Dr Eagle, ID 83616 87104251625 John & Deborah Wadsen 4844 Cresthaven Boise, ID 83704 51105346715 Sara Ewing 1500 Eldorado Ste 4 Boise, ID 83704 51105346655 Gray Sr & Timbre Wolfe 9380 Fairview Boise, ID 83704 S1105346615 Westside Bible Chapel 3108 5 Whitepost Eagle, ID 83616 S1105336404 Avest Limited Partnership Roger Allen 6904 Randolph Dr Boise, ID 83709 15. The proposed annexation of this parcel clearly complies with the Meridian Comprehensive Plan and Meridian's future growth plans. 16. Fee: $400.00 + $10.32 (8 * 1.29) _ $410.32 17. We understand and agree to posting a notice of application on the property for Conditional Use Permit and annexation one week before the hearing. ~ _,..~. l0 ~~ Chuck Elliott Date Charles J. holas Dat Elliott Industrial Co. Attorney at Law, Notary '~s ~ ~: ~ ~ a!~ ~ o i s2 ~ ~c~el~t.p ~x~; Jes t dL' a~ 1 q5 d~ J ~' PIONEER T1TLL' COMPANY `~ OF ADA COUNTY ~~ 1 ~ 1 821 West Stale Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 Reviewed and approved by: ~ ~.F P~~+F~~: rIT1.F ., JI.~IJ. 11~ '9:i 0~ ;' Pfd ~ 2G i.i. _ iI/o _. Lc(.'. .. .. ~ f ~` SPACE ABOVE FOR RECORDING DATA ~4,701?U ~0.,1ui?iw A!~u AI?L! ?u>~>~~~,~~1! ~1i!?G! ~4?G A! ~t?~?(l! ~! ?CG>!Ii?Ol?u Xi410!>l~?~1! ?11t.>Q ~?4! ?U! ?G! A! ?G?A! WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CHARLES C. HARVEY, JR., an unmarried maa and KARIN L. HAGAN, an unmarried woman GRANTOR(S) does (do) hereby CRANT, BARGAIN, SELL and CONVEY unto ELLIOTT INDUSTRIAL CO., INC., an Idaho corporation GRANTEE(S), whose current address is: 424 Pebble Beach, Eagle, ID 83616 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Ccir1YIFIrD~TT) 8~ ~~ 017lC;l;~ PI ~ic~ d Ts ~lE ~ ~ - ~`~ BY: - TO HAVE AND TO 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 rnnveyance 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 any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. paced; September 27, 19952 ~ ~(~ _ __ ~l'.H~t~ V JA. ' c_- ,Q~/'-li'¢_:/L1-L-,-~!.~~l~<:r/~ , IR N L. HAGAN ,// ~~ r~ knc ^~ inst rs ri i4(''4t STATE OF ,County of Ada , ss. Onthis day of September ,in the year of togs, ,before me he underai ned a Notary Public, Dersonally appeared , s:. ~_ Z~ ~a v' Z% wn o[idFhtiFted'tU~trtC tQ-t;e•the person(s) whose name(s) Ci- (• subscribed to the within rutiiePt, and ackno~ir~ed$ed to me that ~ he 1[. executed the same. ~^ ~~:= .f '. t_ : I- ••• `. ; ~~ ~ Notary Public: r . ~ ~ Rcsidiug at: E, ID _ `: •~ ~ MyConunissiou, •xpires: - {~ .;, . i^f 1'1l i`Jt'~d ~?Q(i!r ifi[i~i irli i7 ;'i w i^i i^~i!'~ `4i i^~ i^i' i~7 i^~ i'r i! l i7 i^i i^i fi ~ i^i i^ii'i i^i i^i i"~ i^i i^i i^i i^i i^i i^i i^i i^Y ~ i?li • - v ~ EXHIBIT A FDe tlumber. P142046 A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 12 OF PLATS AT PAGE 665, RECORDS OF ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 6~ PLEASANT VALLEY SUBDIVISION, IN THE WEST 1 /4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DESIGNATED AS THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE WEST BOUNDARY LINE 450.5 FEET TO A POINT; THENCE EASTERLY AT A 90 DEGREES ANGLE 100 FEET TO A POINT; THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY OF LOT 6, 460.5 FEET TO A POINT; THENCE WESTERLY AND PARALLEL TO FAIRVIEW AVENUE 100 FEET TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF LAND LYING SITUATED BETWEEN THE NORTH LINE OF LOT 6 OF THE PLEASANT VALLEY SUBDIVISION, AND A LINE PARALLEL TO AND DISTANCE 50.0 FEET SOUTHERLY FROM THE FOLLOWING DESCRIBED CENTER UNE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PLAT OF U.S. 30, PROJECT N0. F3281(5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO, AND LYING 1N A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS FOLLOWS: BEGINNING AT STATION ~86+61.0 OF THE SAID HIGHWAY SURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 10.2 FEET NORTH AND 1161.6 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN: THENCE RUNNING SOUTH 89 DEGREES 58' EAST, 193.7 FEET TO STATION 88+54.7 OF SAID SURVEY. WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 8.5 FEET NORTH AND 967.9 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION .r MERIDIAN CITY COUNCIL MEETING: JANUARY 16.1996 APPLICANT: ELLIOTT INDUSTRIAL CO. ITEM NUMBER; 16 REQUEST; .PUBLIC HEARNG: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUTTE FENCE 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: COMMENTS P ~ Z MINUTES FOR 11-14-95 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission November 14, 1995 Page 47 Johnson: Anyone else have any questions of John? Thanks John, is there anyone else that would like to come forward on this application? Any comments from staff other than those we already have in writing? I will close the public hearing at this time. This is a request for a conditional use permit, this would require findings of fact. Alidjani: Mr. Chairman I would make a motion we have the City Attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the application by Dennis and Janet Butterfield, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1 ACRE TO C-G FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY: ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY: Johnson: So we will handle items 10 and 11 at this time, I will now open the public hearing and invite the applicant to come forward and address the Commission or his representative. Chuck Elliott, 424 Pebble Beach Way, Eagle, was sworn by the City Attorney. Elliott: This will be a vinyl fencing and decking company, wholesale and retail. Due to the hour are there any questions on the application? Johnson: This is early for us. Does anyone haoked atthesNovemberr8Eeltter from Bruce you have reviewed the comments. Have you to Freckleton the City Engineer and do you have any comments regarding those? Elliott: Yes I have, item #1 I know that Pinnacle Engineering is in the process of re-doing the markings on the property. Johnson: Any other comments on those? Elliott: No, we plan, I don't see any problems with any of the recommendations. Meridian Planning & Zoning Commission November 14, 1995 Page 48 Hepper: What about the one from Shari Stiles? Did you get that one? Elliott: I don't see any problems with any of these either. The only one with the handicapped we do plan on moving the handicapped back closer to the door and is should be, the cement pad and it will be available for handicap purposes. Hepper: Ada County Highway District had a comment about something about some cross street ties? Elliott: Yes, we will coordinate those recommendations into our landscape plan. Hepper: I wasn't sure if that was a requirement or a comment by them. Elliott: It looked like it was a little bit of both. But I can understand due to the lot sizes along there and Ada County not wanting accesses every 100 feet. Hepper: So you will try to abide by whatever the recommendation is on that? Elliott: Yes Johnson: Any other questions? Thanks Chuck, this is a public hearing, would anyone else like to address this application before the Commission? Seeing no one then I will close the public hearing. We are addressing both items 10 and 11. Rountree: Mr. Chairman, I make a motion that we have findings of fact prepared for both items 10 and 11. Hepper: Second Johnson: The motion by Commissioner Rountree, seconded by Commissioner Hepper that the attorney prepare findings of fact and conclusions of law on the annexation and zoning request and also for the conditional use permit for Elliott Industrial Company, all those in favor? Opposed? MOT10N CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR HAVEN COVE SUBDIVISION N0.5 (AMENDED) BY INTERWEST DEVELOPMENT: Johnson: I will now open the public hearing, who .here would like to address the Commission on this application? 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. 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 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/Drivas License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: BUTTE FENCE by Elliott Industrial Company (Request for Annexation & Zoning /Conditional Use Permit) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 8, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: • ANNEXATION & ZONING 1. The legal description submitted 11/6/95 doesn't describe the parcel indicated in the site plans and other supporting documentation. Please correct this error and resubmit a new legal description for the proposed site. The legal description shall include all those portions of adjacent Public Rights-of--Way contiguous to the Corporate City Limits of the City of Meridian. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. • GENERAL Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605. M. Plans will need to be approved by the appropriate irrigation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. BUTTC.P&Z Mayor and Council November 9, 1995 Page 2 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D.4 and 11-2-414. D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted for all off-street parking azeas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential azeas and in accordance with City Ordinance Section 11-2-414. D. 3. 7. All signage shall be in accordance with the standazds set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 8. Water service to this site is contingent upon positive results from a hydraulic analysis by our computer model. • SITE SPECIFIC COMMENTS: 1. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. This information is very critical for determining the water serviceability of this proposal. 2. The City of Meridian owns and maintains a 10 inch diameter water main along the north side of Fairview Ave., approximately 90 from the subject parcel. A water service line will have to be extended across Fairview Avenue to service this site. 3. The City of Meridian owns and maintains an existing sanitary sewer main along the north side of Fairview Avenue to the Intersection of Dixie Lane where the main turns north up Dixie Lane. The center of the proposed Butte Fence site is approximately 200 feet east of the manhole in Dixie Lane. Meridian City Ordinance Section 7-517 requires use of the Municipal Sewer System when a property is within 300 feet of a City main. 4. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this pazcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. BUITE.P&Z HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer Wog i CITY ®F MERIDIAIeT MAX YERRINGTON BRUCE D. STUART, Wat er s Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. P & Z COMMISSION SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Chairman PATTY A. WOLFKIEL, DMV Supervisor KENNETH W BOWERS Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 , MOE ALIDJANI . , W.L. "BILL" GORDON, Police Chiei Public WorksBuilding Department (208) 887-2211 JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License 208 888-4443 ( ) CHARLIE ROUNTREE TIM HEPPER MEMORANDUM GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Sh s, Planning & Zoning Administrator DATE: November 9, 1995 SUBJECT: Request for Annexation and Zoning of C-G with a Conditional Use Permit for Butte Fence by Elliott Industrial Company All outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area. Display area shall be uncluttered. 2. All off-street parking areas are to be paved per City Ordinance. 3 . Ordinance requires one (1) three-inch (3 ") caliper tree for every 1,500 square feet of pavement. Landscaping shown far exceeds minimum requirements. A minimum landscape setback of 35' from required ACRD right-of--way will be provided. 4. Is it possible to locate the handicapped parking stall adjacent to the building? ADA requires a minimum of one (1) van accessible parking stall (8' access aisle). Install appropriate signage. 5. All ditches are to be tiled per City Ordinance. 6. Lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue. 7. Detailed conditions of approval should be required in lieu of development agreement. 8. A Certificate of Occupancy is required prior to opening for. business. 9. Commission and Council should carefully monitor future annexation and zoning requests in this area because of the numerous smaller parcels that could lead to "strip" development. I would recommend that the annexation and zoning of C-G with a Conditional Use Permit for wholesale and retail sales of vinyl products be approved with staff and agency conditions. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN ELLIOTT INDUSTRIAL COMPANY ANNEXATION AND ZONING AND CONDITIONAL USE A PORTION OF LOT 6, PLEASANT VALLEY SUBDIVISION WEST 1/4 OF SECTION 8, T 3 N., R.l E., B.M MERIDIAN, IDABO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on November 14, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Ha11, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at November 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately one (1) acre in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G) and has requested a conditional use permit to allow a commercial wholesale and retail sales of vinyl products, primarily fencing. 4. The general area surrounding the property is used primarily commercial; that the property to the north is being developed by AVEST PLAZA for the Fred Meyer shopping center; that the land to the west is zoned commercial. 5. That the property is adjacent and abutting to the present City limits; that the property surrounding this lot is in Meridian. 6. That Elliott Industrial Company, an Idaho Corporation, is the owner of the property and is the Applicant; that it has requested this annexation, zoning and conditional use and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application stated that the present use of the land is residential with shops until November 1, 1995; that the proposed use is for a commercial wholesale and retail sale business of vinyl products, primarily fencing under the name of BUTTE FENCE; that the land is presently zoned by Ada County as Rural Transitional (RT). 8. That the property included in the annexation and zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 2 BUTTE FENCE application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the property could be physically serviced with City water and sewer. 10. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 11. That the Applicants representative, Chuck Elliott, testified at the Planning and Zoning hearing that the development would be a vinyl fencing and decking company, wholesale and retail; that in reference to the staff comment item #1 from the Assistant to the City Engineer, Bruce Freckleton, the legal description is being redone by Pinnacle Engineering; that the handicapped parking stall will be located closer to the building entrance with proper marking and that the Ada County Highway District's recommendation or suggestion, regarding some cross street ties, will be coordinated into the landscape plan. 12. That the Meridian Police Department, Fire Department, Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments; that those FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE - 3 BUTTE FENCE comments are incorporated herein by this reference as if set forth in full. 13. That Bruce Freckleton, the Assistant to the City Engineer commented that a legal description shall be submitted for the proposed site and shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian and 1/2 of all other adjacent public right-of- ways, and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non- domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking, paving and stripping, a drainage plan, sidewalks, and signage shall all be provided in accordance with City Ordinances; that the paving and striping shall be in accordance with the Americans with Disabilities Act; that information on anticipated fire flow and domestic water FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 4 requirements for the proposed site is critical for determining the water serviceability and needs to be provided to the Public Works Department; that the City of Meridian owns and maintains an existing sanitary sewer main along the north side of Fairview Avenue to the intersection of Dixie Lane where the main turns north up Dixie Lane; that the center of the proposed Butte Fence site is approximately 200 feet east of the manhole in Dixie Lane and that City Ordinance requires use of the Municipal Sewer System when a property is within 300 feet of a City main; that assessment fees for water and sewer service are determined during the building plan review process; that Late Comers fees will also be charged on installing the water and sewer mains to help reimburse the parties responsible for installing them. 14. That the Planning and Zoning Administrator, Shari Stiles, submitted comments and they are incorporated herein as if set forth in full; that a minimum landscape setback of 35 foot from required ACHD right-of-way will be provided; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area; that the display area shall be uncluttered; that all off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 5 required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 15. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full; that the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel prior to issuance of a building permit; that one driveway from Fairview Avenue is approved and shall be aligned with the existing driveway for a church on the north side of Fairview Avenue; that this would require shifting the driveway to the east; that the Applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries; that paving the driveway its full required width of 30 feet for at least 30 feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15 foot radii abutting the existing roadway edge is required and copies of the recorded access easements shall be provided to the District prior to the issuance of building permits. 16. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 6 BUTTE FENCE B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 7 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 17. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 13. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative Iand use planning techniques." 18. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 19. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: jC-G1 General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall. not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 8 20. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 21. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 22. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act,. which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 9 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 School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 23. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 24. 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." 25. That Section 11-9-605 G 1. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 10 "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." 26. 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;" 27. 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." 28. As stated above in Paragraph 3, the Applicant submitted an application on a conditional use to allow commercial wholesale and retail sales of vinyl products, primarily fencing; that such material on the conditional use is incorporated herein by this reference as if set forth in full; that the Applicant did not specifically address the conditional use for the wholesale/retail business at the public hearing; that as found above, the Planning Director stated that the Applicant needs to provide a minimum landscape setback of 35 foot from the required ACRD right-of-way; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 11 BUTTE FENCE area; that the display area shall be uncluttered; that all off- street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 29. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 12 and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs . The City of Idaho Falls , 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. .That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the FINDINGS OF FACT AND CONCLUSIONS OF LAW-- BUTTE FENCE PAGE - 13 annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to construct and operate a wholesale and retail sales business of vinyl products, primarily fencing which are permitted uses in the C-G district.. 12. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. A, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the city. FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 14 BUTTE FENCE 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. .Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 15 property is in the best interests of the City of Meridian. 15. That it is concluded that 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan 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 as long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. The property will have sewer and water service available if the Applicant extends the lines. f. The use would not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW BUTTE FENCE PAGE - 16 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 and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement should lse entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. 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. 19. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 17 RECOMMENDATION The Planning and Zoning Commission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit under the conditions set forth in the Conclusions of Law. MOTION: APPROVED: DISAPPROVED: ~l~9si FINDINGS OF FACT AND CONCLUSIONS OF LAW -. BUTTE FENCE PAGE - 19 OFFICIALS WILLPAM G. BERG, Jr., Clty Clark JANICE L GASS, Clty Troesuror GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P f} 2 Adm. KENNETH W. BOWERS, Flrs Chief W. L "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place t0 Live RONAtD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN R08ERTD.CORRIE WALT W. MORROW P 6 2 COMMISSION 33 FAST IDAHO JIM JOHN80N, Chairman 1VIERIDIAN, IDAHO 83642 MOE AUDJANI JIM SNEAKER Phone (208) 888433 • FAX (208) 887813 ~ ~ CHARUE ROUNTREE Public Works/Buildicg Departmatt (208) 887-2211 "" `"`~' TIM NEPPER GRANTP.ICINGSFORD ' ~"'' 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Cleric by: November 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Conditional Use Permit for Butte Fence BY: Elliott industrial COmDanV LOCATION OF PROPERTY OR PROJECT:_ 2065 E. Fairivew Avenue JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM NEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C 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 COIAYTY HIGHWAY DISTRICT ADA PL~-NNING 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 RECLAMATi1~ELIM B,FINAL PLAT) CITY FILES / // i ~ / YOUR CONCISE REMARKS: OFFICIALS WILUi-M G. BERG, Jr., Clty Clerk JANICE L GABS, Clty Treasurer GARY D. SMITH, P.E. Clty Enylneer BRUCE 0. STUART, Watsr Works Supt. JOHN T. SNAWCROFT, Waste Water Supt. OENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P fi 2 Adm. KENNETH W. BOWERS, Flrs Chief W. L "BILL" GORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF NIFRIDLt~N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX(,~B} 887813 Public Works/Building Departwatt (208) 887-2211 GRANT P. KIN(3FORD ~I'm OOUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE WALT W. MORROW P fi 2 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER 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, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~ovember 7. 1995 TRANSMITTAL DATE:. 10/19!95 HEARING DATE: 11/14/95 REQUEST: Conditional Use Pe it for Butte Fence BY: Elliott Industrial Comnanv LOCATION OF PROPERTY OR PROJECT: 2065 E. Fairivew Avenue JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS ~tRIGATION DISTRICT IDAHO POWER CO.(PREUM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: ~ ~ ° e~. ~ ~ 7 YOUR CONCISE REMARKS: G,a,yu A-S ~ ~ (' Ll s F J ' Y irl Q i ~~ i~r.~{~~~~~1 cc~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary November 10, 199 TO: Elliott Industrial Company 424 Pebble Beach Way Eagle, ID 83616 " ~ .. __~.- ¢~ i ~' ~ .~ F..' .. ... FROM: Karen Gallagher, Coordinator ~ k ~ ., ~ ~ = •- ~i Development Services Divisi - - - ,. ~;;__ ~- _ , SUBJECT: MCU-21-95 2065 Fairview Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 8, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 3?8 East 37th • Boise, Idaho 83714-6499 • Phone (~08) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-21-95/MA-4-95 2065 Fairview The applicant is requesting conditional use approval to convert an existing dwelling and outbuildings into a wholesale and retail business, primarily for fencing. The 1.0-acre site is located on the south side of Fairview Avenue, approximately 1/3-mile east of Locust Grove Road. This development is estimated to generate 200 additional vehicle trips per day. Roads impacted by this development: Fairview Avenue -Principal arterial with a bike route designation - Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) ACHD Commission Date -November 8, 1995 - 7:00 p.m. { _ ~. ` Q r ~~ \ I ;i>r I w.. _i-J I I I j', T^ I; I ~.~ ~ ~~ i 1 :c i I': I'. W is W Q 'r i:~ ~'', Z 1 U -r -=mar-~ ~-n o-r~ 9~„ ~ G ~ - - os - - ~~ - d ~ ~ m v D D ;si~; ~~e r ! ~ r r 1~~ °§ ~I. ~.J. ....;, ~~~~ I ~ m c~ ~~~~ ~~q~~~~~~~~z ~~~~._ ~~~dai 6~iF~~ ~~~ c c ^3 ~~ s `- ~ ~ '~ ~ ~~ i . F dl ~ Y ~ C ~ t ~ F 8 61 ~ 0 8 !" N -rxE iwD CROUP BUTTE FENCE ~ `!. ~-------~•-~-• ELLIOTT INDUSTRIAL CO. ' j~~ .awR muo ~ ~• 1 Facts and Findings: A. General Information R1 -Existing zoning C-G -Requested zoning 1.0 -Acres 0 -Square feet of proposed building 3,816 -Total square feet of existing buildings 1,000-square foot office 2, 816-square feet for two storage buildings 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with a bike route designation Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) 100-feet of frontage 100-feet existing right-of--way 108-feet required right-of--way (54-feet from centerline) Fairview Avenue is improved with 7 traffic lanes with no curb, gutter or sidewalk. B. There is a dwelling constructed on the site that has a gravel driveway from Fairview Avenue. C. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot wide concrete sidewalk) on Fairview Avenue abutting the parcel. These improvements are estimated to cost a total of $850.00. D. Staff recommends that the site's driveway be aligned with the existing driveway for a church on the north side of Fairview Avenue. This would require shifting the driveway to the east. E. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. F. Staff recommends that the applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries. If and when the abutting parcels redevelop, the same requirement will be made. Without such easements, the possibility exists that each lot on Fairview Avenue will request its own driveway, resulting in a driveway every 60-feet. MCU2195A. WPD Page 2 . G. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. H. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on November 14, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel (approximately 4 additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a $850.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 100-feet of 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel prior to issuance of building permit (or other required permits). 3. One driveway from Fairview Avenue is approved. The driveway shall be aligned with the existing driveway for a church on the north side of Fairview Avenue. 4. Pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. Provide the District with copies of recorded cross access easements to the parcels abutting the site's east and west boundaries prior to issuance of building permits. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each regn;rPn,Pnr rn hP rPrnne;riPrPrl and inrh~~p a ~vr:ttPn "X~lanation Of why such a requirement wn,~ld rPS»lr ;n a ci~hetantial harrichi~ or ine4~. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically id n i each MCU2195A. WPD Page 3 requirement to be reconsidered and include a written explanation of why such a req+~irP,,,P.,r would result in a substantial hardchip or ink ~itv. 3. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in road paved within the last five years will no hP allowed u les. approv_ ed by the n~~+r~~* ~~**=m~~~~~~ Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations far review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of Meridian. 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Continue existing irrigation and drainage systems across parcel. 7. Continue borrow ditch drainage abutting parcel (culvert may be required). 8. Provide written approval from the appropriate irrigation drainage district authorizing storm runoff into their system. 9. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 10. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 11. Submit three sets of street construction plans to the District for review and appropriate action. 12. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 13. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 14. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. MCU2195A. WPD Page 4 .15 16. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services gaff Date of Co mission Approval NOV 0 8 1995 MCU2195A. WPD Page 5 OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, Jr., Clty Clark JANICE !.. GASS Clty Troasuror A Good Place to Live -COUNCIL MEMBERS RONALD R. TOLSMA , GARY D. SMITH, P.E. Clty Engineer MAX YERRINGTON 1bBERT D. CORRIE BRUCE D. STUART, Weter Works Supt. CITY OF MERIDIAN WALT W. MORROW JOHN T. SHAWCROFT, Waete Watsr Supt. OENNIS J. SUMMERS, Parks supt. SHARI S. STILES, P i Z Adm. 33 EA.SI' IDAHO ~ r' " ~ ~ F„ P i Z COMMtSSIt]N ~ JIM JOHNSON, Chairman KENNETH W. BOWERS, FlreChief , ~ MERIDIAN, IDAHO 8364~;f f as ~ " ; tC~l.~~,., ; . ~ MOEAUOJANI W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , •„_' , ~ ~•~ -•.. _ , - P~1011t: (~~ 888 a PAX (218) 887813 ~~ _ _ JIM SHEARER _ CHARLIE ROUNTREE Public Works/Buildia` Depardnmt (208)887-221 l ~ TIM HEPPER GRANT P. BINGSFORD (' S ~ (. ~ C i, ; _ ~ ~ ~'j MiYOr r. J ~ e ai [>, , . 1 '.. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Serg, City Clerk by: November 7 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE:- 11/14/95 REQUEST:~onditional Use Permit for Butte Fence BY: liott Industrial COmDanV LOCATION OF PROPERTY OR PROJECT:- 2065 E. Fairivew Avenue JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 irrigation water be made av District requires that a Land Use Change ite MERIDIAN SCHOOL DISTRICT MERIDUW 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.IIVEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLP-IIAP-TION(PRELIM & FINAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: A11 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 r rainy a laps. It is recommended that ailable to all developments within t is istri~r- -~.~ 4 111..QL 1VL1 ue >=iiea ror review rior to final platting. Contact Ronny Moor at 343-1884 or 466-7861 for further information Ri ~ 1 Ac„enn~ ASST ~ranr i1 ter S rnPrintendent Nampa & Meridian Irrigation District ~.?~i I-r.. e...,. .. ff1 Y~ ~ ! ~ E:i::~ ~.,.... I SECURITY AND SERVICE SINCE 1904 Albion Office Corner of Market & Main EVANS L D BANK Albion, Idaho 83311 . . (208) 673-5301 Burley Office 397 No. Overland Avenue D.L. EVANS IRREVOCABLE BANK DOCUMENTARY STANDBY LETTER OF CREDIT Burley, Idaho 83318 (208) 678-9076 NUMBER' 1033 DATE: FEBRUARY 20, 1996 Rupert Office 318 South Oneida APPLICANT BENEFICIARY Rupert, Idaho 83350 CHUCK ELLIOTT AND ELLIOTT INDUSTRIAL CO. CITY OF MERIDIAN (208) 436-2265 2065 FAIRVIEW AVE. 33 EAST IDAHO AVE. MERIDIAN, ID 83642 MERIDIAN, ID 8364 Twin Falls Office ~ 15 Blue Lakes Blvd. No DATE AND PLACE OF EX PIRE : AT THE COUNTERS OF : Twin Falls, Idaho 83301 D . L . EVANS BANK (208) 734-5700 BURLEY OFFICE P.O. BOX 1188 BURLEY, ID 83318 ON 08-20-96 AMOUNT: $48,405 Credit available with us by payment of drafts) drawn at sight on D.L. Evans bank, Burley, Idaho bearing this letter of credit number, and accompanied by the following documents detailed herein; 1. The original Letter of Credit. 2. Beneficiary's signed statement stating quote "Chuck Elliott, Elliott Industrial Company" has failed to honor his obligations with the City of Meridian, unquote. 3. Partial drawings are permitted. In the event of a partial drawing, the original Letter of Credit must be returned for endorsement of the amount paid. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 revision), International Chamber of Commerce Document Brochure No. 400. We engage with drawers, endorsers, and bona fide holders that drafts drawn in conformance with the terms of this credit will be honored on presentation to the above drawee. Sincerely, b.L./lEvahs H. Cott Horsle Vice President/ for Loan Officer R~~~~~~~ BS/mb F E ~ 2 2 1995 CITY OI~ MEgIDiAN P. O. BOX 1188 BURLEY, IDAHO 83318