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CESCO
WILLIAM G. BERG, JR., C(ty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STIJART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARD L. S T iLES, p & Z Adminisirater PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE yALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Buildin8 Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNC~~ ~"F "B Rc WALT W MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z GOMfs"ICSin~~ JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO WITH THE CITY OF MERIDIAN JECTS To insure that your comments and recommendations will be considered b the Planning ~ Zonin Co Y Mendian 9 remission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: e TRANSMITTAL DATE: 96 x/96 HEARING DATE: 9/~~pig REQUEST: Conditin.,~~ ~ ~~._ .,_____.. _ _ BY: LOCATION OF PROPERTY OR PROJECT: of lock 1 Pla round ub ' ' ' ~f Locust Grove on nvArhn~-1 c,....~ . _ ,_ .. ~I ision E. _ JIM JOHNSON, P/2 MALCOLM MACCOY, p/Z JIM SHEARER, P2 GREG OSLUND, P2 KITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _ BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT T-- 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLp'MgTION(PRELIM $ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: AUG 1 51996 Cl'f Y 0~ MERiDiAi+! ~ i i r ur- MER 4 13 T b18 APPLiCATioN OR O o DR~oNgL USE PER~~ NAME: Contractors E ui ment Supply Co. HONE;*208) 336-1850 AnDRE55. 2049 Commerce Avenue, Boise, ID 83705 GENERAL LOCATION: E. Overland Road, Meridian, ID DESC.RIp'I'ION QF PROPOSED CONDITIpNpj; USE: John Deere Dealership ZONING CLASSIFICATION: C-G PLA1Mf: A plan of the gropa5ed site buiLdin fir ~.e corid~tionaL use showing the Incation of aA gs, parking and loading arras, traffic access and traffic rarculation, aPea spaces, Landscaping, refuse and se~-ice areas, utilities, signs and yam submit ~4 wgies)_ ~~ ~~ ~ ~ -~ Mark C. Canfield Sigcature of A ' LEGAL N037CE OF PUBLIC HEARIIIT(', Pursuant to estahlislted proccdure, NOTICE YS HEREBY GTVEI~ that the Meridian plangin Zoning Commission will held a Public Heari i g and . ng ~n the Meridian City Hali on ffi ----.. _ m. The ~ of the Heazi~ is to consider a CUNDITIONq~, USE pF,itMIT submitted by for the prgp~y g~~}y desa~ibed as located ~ i sI1BDIVISIpN, g~,oL~ * LOT TQ JOHN DEEgE August 13, 1996 ~~ ~~~ ~` ~~••v CONTRACTORS EQUIPMENT SUPPLY COMPANY Sherry Stiles, Administrator Meridian Planning & Zoning City of Meridian 33 East Idaho Avenue Meridian, ID 83642 RE: Conditional Use Application Dear Ms. Stiles: EXCELLENCE Please accept this application letter, fees, and the enclosed required documents for consideration of a Conditional Use Permit for the property currently known as The Playground. This parcel is being used as a Golf Driving Range open for business from 8:00 am until 10:00 pm seven days per week. We are proposing that the property be developed into a John Deere Dealershi products. We have designed a 24,000 sq. ft. Commercial Facility on the 10 acres teg We have beenin business at our Boise location since 1958, employing approximately 25 people. Our business hours will be 8:00 a.m. to 5:00 pm Monday -Friday. The current building trend for this area has been towards this same Arnold Equipment, and Meridian Ford located to the West of our proposed developme t and Transport Truck &tTrailer proposing to develop to the East of us. The present zoning for this area, which we meet, is C-G and with the exposure on the Interstate we feel our proposed development would complement the area. As required, attached is a copy ofthe Warranty Deed, legal description as filed with Ada County, and zoning classifications that pertain to the subject property. you will also find included 30 copies of the proposed site plan, as well as the 30 copies of a vicinity map at 1 " = 300' as required. In addition, you will find included a mailin list for ali ro e within three hundred feet of the external boundaries of the roe ~ g P P rty owners who are P P rty. City records show a Sewer Service line extending to the property was approved and installed to accomodate a future structure on this parcel, however as the property owner I understand I may be required to pay for any additional sewer, water, or trash fees or charges, if any, associated with the use as described above. Further, I have read the contents of the Conditional Use Application and verify that the information contained herein, to the best of my knowledge, is true and correct. We also understand that one week prior to the hearing we must ~,ost notification of application for Conditional Use Permit. Thank you for your consideration of this application. I understand that both the Commission and Council will conduct public hearings prior to approval of this application. If you have any questions or need additional information please call. Sincerely, Mar Ca ld President MCC:rb enclosure 2049 Commerce Avenue • P.O. Box 5426 • Boise, ID 83705 • (208) 336-1850 • 1-800-479-3337 • 1000 Centennial Spur • Jerome, ID 83338 • P.O. Box 289 • Twin Falls, ID 83303 • FAX (208) 336-1877 (208) 324-2900. 1-800-632-2900 • FAX (208) 324-3212 96046576 ,~r• rca arCOa~Iivc~ rc-rva~v •rs'r 7'i-c t'laygrarncl. irrc. MCU : 1~1N, AiIt.LCa ytr0 t3rr>~tda•ay. Suitt dot) i3oisc, td~lu- 837th'i ~c Cv;r,r~rl;:GS l.i.r Attrrrtion: aat>crt L. l~tiiicr ~D,s ~~. Rrcoanr:R J, de'.'rID t1AVAf:RO QOISE (D ~ILLIANCE TITLE '96 JUt,'~ p 8 rt: c .~_. L,. IlECOIl0E0ltf TiIC /:l'pUEST tti 'ibis Carjx-ratc Warnnly ihcd 1'1sa}•grnund, inc., an idaltp cor(x~raticm, j:gtripmrnt tiupply Company, inc.. art 1~ ------~cu.s ss•irnrsscth: ---- nradc this 3rr1 clay of Jonc, tdd(i Irctwccn Tarr Irrrcin rcfcrrcd to ax GRAN'rna, and Cantrrrctnr'r lobo corporation, whose address is ~0 1n_~c~,µy,~ _____„_,, Idaho. hrrrin rc(errcd to ax GitAN'i'tsti, d 3105 'drat GRA+V'I'ga, far• and in cnnsidcration of the Burn crf Ten UcrUarx .Ind Nn Cents tSlo.txl), and other good and valuable cansidcnticm, the rccript whcrrof ix IrcrcUy ;cc:l;nrns•Irdl;ed, has granted, bargained. and sold, and clots, by tJresc presents, gent, bargain, sell convey, and confirm unto GRANTEt? and their urcccsscrrs and assigns forever, all the follcns~ing dr.ccril>ed r>~ti estate xituatcd in the County of Ada, State of Id.•tlra: Lot I • T31cxY. 1, crf 'I'fr~ 1-laygrouncl Sulxlivision, accarcting to ti:c afticia! plat thcrt;crf, retarded as Instrtrnrcnt i~'o. 9l>n•t5393, in Look 7!, at t'aEcx 7318 and 7319, records of Ada County, Jdaha, SIII;JIrCT TO cascnt~nts, cncumbr:tnccs and restrictions of retort! ar appearing on the land. Tcrgcthcr with ail and singular the tenements, ltcrcditamcros, and appurtcnanccs thereunto belonging or in anywi.SC appertaining, the reversion and n;vcrsians. r+cmainclcr and rtmaindcn, rents issues, and profits thereof; and all estate, right, title, and intrust in and to the prapcny. as wcU in law as in ccluity. Grantor rnvcnants anti warrrnts to and with Gnntrrs that Grantors are the owners in fcr sirnpic of said prrrniscs, that the alxnc dcscril>ed prcarius arc fret from all cascrncnts, encurrrbrtnces, restrictions and liens crc~te<I or suffered by Grantor, or any' person clairning by, tl;mugh or under Grantor, and tha: Grantors will warrant and defend the same fmm all lawful claims wlr:,tscx:vcr. Tire forcgoirrg vrarrantics may not Ire enforced fry any insurer subrogatcd to tlrc rights of tlrc Grantccs. w COltt'OFfJ-Tfi wnA.Rl1NfY Ilti(it) • (~aac 1 titbt.4C 1571.0) OflO)!9G • ~'n Ira~c :end to halcl nc~ :rlxwc•ckvrrihc+d prtn,ixc~r, all and ttingular tfw abovc•descrlbrd ttmrrclu~ in~cthcr with the ahtlurtrn.~nres unto QR11M'I,It; and its irrira and axsfgna forever. 't1rc 1't;ry~mund, tnr., an Idphd rnrporntion tly: 5uc f.'larkc tts: pr+c.~idcnt r1~11 ~71~•lbr.l.rr.+rwJdr sTATr: c)r• JDAIIO ).rs. Ccnmty rf ,1d.~ ~ On this 3rd clay at ItrnC. 199G, bcfortr mc, the undersigned, a Notary Public in and for said state, i+crsonaily appc,•,rrci SUe Ctarkc, known or identified to me to be the Pr~-idrnt of 'I7rr I'lrrr~round. Inc., the rnrTx+ntian that cxccutecl the instnrrnem or the person who exrxtrtecf tlre• irrstnrrnrnt nn t+clralf elf .v;iiel cor[x~ntion, anel aeknowleelged to me tlt.~t such eorpontinn CC:.CIItCd (tiC SarrrC. IN ~'~'iTNGSS tVI1t:RfiOr, I have hereunto set my hand and aftixrc! rrty official se.•tl the clay Ind yu~r in this crrtific•.,tc first at~ovc•writtcn. ;r : a ~ ~~^RY • •~ ' i ~ -•" s ' ~'tl tt~-~G :r • o, ~~''~~ rC ~F ~~~. N )TAR ' I'i1I3LIC For Idaho Residing at ~~o~~u My commission cxprres: , o -s.g~ CI)at'r)k~1T1i WAItHAKTY f)L't:U • F's~s Z S1L~rl' 1571.41 (Md01l7fi • PROPERTY OWNERS MAILING LIST S 1120 223300 Junior Ownby HC Box 1131 Boise, ID 83706 S 1120 212410 Morris, Flume & Morris P.O. Box 7007 Boise, ID 83707 S 1 1 17 336125 Mary Moon P.O. Box 4427 Mc Call, ID 83638 51 1 17 346600 Howell, Willard & Angela 10455 Jay Road Boise, ID 83703 S 1117 346660 Howell, Willard & Angela S 1 1 18 449200 El Paso Natural Gas Co. C/O NW Pipeline P.~. Box 8900 Salt Lake City, LTf 84108 S 1118 449505 Robertson's Kennels, Inc. 1495 S. Locust Grove Meridian, ID 83642 S 1118 449300 Gossage, Curtis & Tonya 1545 S. Locust Grove Road Meridian, ID 83642 N ~ l r~ ~ ~~1 m i .n I b n j 4 ~ ~ __ --1_ _ _ 1S ~/yd1Sr. w O -- ~ a M ` ~ I ~ ~~~ __ ^'/ ~~I b // !O ~_ , .off-; I~ i ~~ I '~ r... ~, . ~ ~, j~ ;, I. I N -1 v.~u~v J i~ v. N _~ J ~ N _ ---~-- ~__~ N 1 `, ~ 1 Q. N \`~ M ~ - ~ ~ ~ ~ i , ~~ C 1 ~ ~ .~ rJ ~~. ~ ~ ~ i ~ ~ / 'v ~' w • > ~ / . 0 / ~. 1-- cs.. ~; ~ _v ~~~ / ~ 'TJ`~, 1 ~ \/ 7 r / / ~ 1 / ;~ ~ ~~ ~ ~ .. / `,) i 1 ~ / ~ ~ ~ ~ • -~ 1 ,~ ~, / ~ ~ ~~ ` 1 ~~ I~-'y. ~,~ ~ , '^ ~ ~ _~--- ~/ e ~ _< -- ~ ~ ~ ~. / ~ 1 i LL '~'" N `-v ~. i ``~ / ..[ s /~ ~ 0 ~7 ~~ ~ I T ~ F I,~ I~1 J~ ~~ W! ~; o ;~ ~~ ~? ~ ~ CITY OF MERIDIAN 208 887 4813 TO 3361877 P.02~08 CITY OF MERIDIAN APPLiCATIpN HOR A CpN~~-ipNAL USE PERMIT NAME: Contractors E uipment Supply Co. HUNS;*208) 336-1850 AI7D~Sg_ 2049 Commerce Avenue, Boise, ID 83705 GENIr12AL LOCATIOI`I_ ~• Overland Road, Meridian, ID DESCRIP''l'YON OF PROPOSED CONDITIONAL, USE: John Deere Dealership BONING CI-ASSIFZCAT'YON: c-G PLAN: A plan Qf ~ r P 'oPoced site fnr the canditio~ uce shoroving the Icx:ation of an buildings, parking and loading azeac, traffic az:cess and tr~c circxiistion, aPea spaces, ~$~inge refuse and service areas, utilities, sygns and yards ~sui~mit 34 c;apies). Mark C. Canfield Signature of A LEGAL NOTICE OP FUBLIC HEARING Pursuant tc~ estahlislted procedure, I~+FOTTCE IS HEREBY' GIVfiN that the Meridian Planing and Zoning Co~mmiscion wilt hold a Public Hung in the Meridian City HaII on at -~ = m. The putpU,ce of the Hearing is to consider a CoNDITIOI~tAI, USE PERMIT submitted py for the prgp~y g~~y described ac Located at SUBDIVISION, gLpCK ,LOT TO CONTRACTORS EQUIPMENT SUPPLY COMPANY August 13, 1996 Sherry Stiles, Administrator Meridian Planning & Zoning City of Meridian 33 East Idaho Avenue Meridian, ID 83642 RE: Conditional Use Application Dear Ms. Stiles: 7 Please accept this application letter, fees, and the enclosed required documents for consideration of a Conditional Use Permit for the property currently known as The Playground. This parcel is being used as a Golf Driving Range open for business from 8:00 am until 10:00 pm seven days per week. We are proposing that the property be developed into a John Deere Dealership, providing sales, service, and parts for John Deere products. We have designed a 24,000 sq, ft. Commercial Facility on the 10 acre site. We have been in business at our Boise location since 1958, employing approximately 25 people. Our business hours will be 8:00 a.m. to 5:00 pm Monday -Friday. The current building trend for this area has been towards this same type of development with Western States Catepillar, Arnold Equipment, and Meridian Ford located to the West of our proposed development and Transport Truck & Trailer proposing to develop to the East of us. The present zoning for this area, which we meet, is C-G and with the exposure on the Interstate we feel our proposed development would complement the area. As required, attached is a copy of the Warranty Deed, legal description as filed with Ada County, and zoning classifications that pertain to the subject property. you will also find included 30 copies of the proposed site plan, as well as the 30 copies of a vicinity map at 1 " = 300' as required. In addition, you will find included a mailing list for all property owners who are within three hundred feet of the external boundaries of the property. City records show a Sewer Service line extending to the property was approved and installed to accomodate a future structure on this parcel, however as the property owner I understand I may be required to pay for any additional sewer, water, or trash fees or charges, if any, associated with the use as described above. Further, I have read the contents of the Conditional Use Application and verify that the information contained herein, to the best of my knowledge, is true and correct. We also understand that one week prior to the hearing we must post notification of application for Conditional Use Permit. Thank you for your consideration of this application. I understand that both the Commission and Council will conduct public hearings prior to approval of this application. If you have any questions or need additional information please call. Sincerely, Mar C ld President MCC:rb enclosure 2049 Commerce Avenue • P.O. Box 5426 • Boise, ID 83705 • (208) 336-1850 • 1-800-479-3337 • FAX (208) 336-1877 1000 Centennial Spur • Jerome, ID 83338 • P.O. Box 289 • Twin Falls, ID 83303 • (208) 324-2900. 1-800-632-2900 • FAX (208) 324-3212 96046576 AI''i'Ett idh,.CORbiNt3 RETURN TC3; The Playground, inc. l~l!EULII!-1AIV, !<tit.i.~R ~ J3rrr~ctdwAy, Suirc Opt) I~larc, ldahtr R37pfi c4 CUhthti~ari~ GLP AttCntion: Robrri L. htilicr AU.1 CG. RGCORUQR J. bA'110 IrAVARRO QOtSE ID ~ILLIANCE TITLE RECOROEO Jti TttE PEOpt:gT OF ~?.~~-~~ ~:Y1l~tEiANTV nNl»•t) ~d 'I1tix Curprrntc tVarranty Ihxd ntadc this 3rd cla of lone, E~yground, Inc., an Idaltu currrrntion, Ircrrin rcfcrrcd to ax GRANTOR ryancl Cuntrrtcinr s kquipmen! ~tiupply Company Inc., an Idaho corporation, whotc acldresx is po 1ou~t~~~ witnr~icih~~} ~"-'-""~ - ._.,. Idaho, hcrrin rcferrccl to a.s GRANTEE, d3~o5 'drat GRANTOR, fur and in consiclcntian of the sum of Tcn ih)Ilars .•rnd No Ccntx iS1U.(lfl), and athcr goad and valuable considcratian, the rcccipt whereat ix hereby acRnowlydKrd, has grarnccl, bargained, and wid, and does, by these prescnls, grant, bargain, Brit cam•cy, and canfirnr unto GRANTEE and their surccs,4orS and assigns forever, all the fotioWing drticritkd r~rt estate nitrr;ttcd in the County of Ada, Stale of Idaho: Lot 1, black 1, uf'I'frc I~I,~yground Sutxlivision, acconling to the official plat thcrec)f, rcxardrd as Instrument No. 9Gp4S393, in book 71, at Pages 7318 and 7319, n~cords of Ada County, Idaho. SllbJl':C"I' TO cascrncnts, cncumbrrnccs and restrictions of rccorcl nr apppring on the land. Togrlhrr with all and singular the tenements, hrrr<fit:rmcnts, and appurtenances thereunto belonging or in anywise apprrtaining, the reversion and reversions, remainder and rcmaindcn, rents i_ssurt, and profits tlrercaf; and al! estate, right, title, and intcrrst in and ro the prupeny, as a•cil in law as in cquiry. Grantor c~rvcnants and warrrnts to and with Granters that Grintars arc the owners in frr sirnplc of said premises, that the; above cJcscribccl prcrnius arc free from all casements, encumbrances, restrictions and liens created or suffen:d by Grantor, or any person claiming by, tl;rough or under Grantor, and tha: Grantorx will warrant and defend the sarnc from all lawful claimx whats<t<:ver. Tire foregoing warranties may not tx~ enforced by any ins~uner subrogatcd to the rights of the Grantees. W COKPOIt/-Tt? WAP.RnM'Y p[it?b • r~tc t MMz4C iS71.Qa OG/q)/9G • • • • Ta lava and to bald tha aiwvo•<k:xcrihat prcmirlos, All and singuhtr the Abovadoscribod Is-rmi:urr tn~atllrr with tha arhurtrrancorr unto ©RANTI3a and its hobs And assigns foravor. 'I'tla rlayground, tnr., An tdpho rorponttion ~y: uc Clarka Its: Prctidont q t11_lglr~Aar.brv~Y"~~ d'1 STATIs AF tdAttO y )ss. Caunty of Ada ~ t)n this 3rc1 clay of .lunc. I9'9ti, bcfor+c mc:, the unJcrsigncd, a Notary Public in and for slid statc, )rcrsonaily a(rl~rrCd Sue Clsrrke, known or idcntificd to me to be the PreAidPnt o[ The I'InX~round, Inc., tha corporation that cxccutal the instnlmcnt or the pcrson who cxccutod thr instnun~nt on hchalf cal' slid corporation, and acknowlalged to me that such corporation C?fCCU1C(1 IIIC 3a1r1C. IN ti~'ITNC,SS V-~ttt.RrOFr, I havc hcrcunto sct my hanJ and atlixcd my official satil the play and yi:ar in this ccrtit"ic•~~cc~ first ahovc•writtcn. r°~ a ~R ~ ~TK~~,~~ • _ * ~ _.. ~ _ N TAR I'UI3I1C fbr Idaho 's ~'un~~G ~ ; Rcxiding at oif.,e 4,, % ~ ~ .~ ~,0 My commission cxpires: t o -S'-9 +~I~'~~ ~ f t0 c~c)arc~an~rt; W/-ItRAYTY pL1U - r'~ae z ti1~1RC 1571,03 (X,101/96 • • PROPERTY OWNERS MAILING LIST S 1120 223300 Junior Ownby HC Box 1131 Boise, ID 83706 S 1120 212410 Morris, Flume & Morris P.O. Box 7007 Boise, ID 83707 S 1 1 17 336125 Mary Moon P.O. Box 4427 Mc Call, ID 83638 S 1117 346600 Howell, Willard & Angela 10455 Jay Road Boise, ID 83703 S 1 1 17 346660 Howell, Willard & Angela S 1118 449200 El Paso Natural Gas Co. C/O NW Pipeline P.O. Box 8900 Salt Lake City, iJT 84108 S 1 1 18 449505 Robertson's Kennels, Inc. 1495 S. Locust Grove Meridian, ID 83642 51 1 18 449300 Gossage, Curtis & Tonya 1545 S. Locust Grove Road Meridian, ID 83642 eridian, Idaho 83642 • 888-4433 - - - d- -- _ - -- ~-~ ~~~~~ KEY BANK OF IDAHO 2049 Commerce Ave. P.O. BOX 2557 92-155/1 Boise, Idaho 83705 BOISE, IDAHO 83701 ~~~`~ (208) 336-1850 CONTRACTORS EQUIPMENT SUPPLY COMPANY PayExactty Check Number 22924 *~*Two Hundred Eghty~five Dollars & 32/1 To the Order Of City of Meridian i ~~~~:. Date Amount &-13-96 $285.32 CESCO /Contractor Equipment ~~'022924n' ~:12410 L555~:1 2 5 90000 5 40i~1' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 10, 1996, for the purpose of reviewing and considering the Application of Consolidated Equipment Supply Co., for a Conditional Use Permit for land located in Lot 1, Block 1 of The Playground Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove on Overland Road, where driving range is currently located. The application requests a conditional use permit for a John Deere Dealership. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21st day of August, 1996. WILLIAM G. BERG, JR., I CLERK ~~- '- ~ IiiJ~ J N ~~~ ,~ ~~ -~ ~ `^ b !~ \ ~ ~ ~1_ S, ~ _ ~/V t~1 SI'~ ~' ` - "` ~ ~ - - ~- In I ~~ I i ~ ~~ ~ `, ~ r N ~ ~~ ~I~~ y_ ~?- ~\ ~ ~i ~ q ~` ~ N y J~ ~_, O o ~T~ ~1 b' ~' 0 A 0 ti I 'I ~ ~ N N -v a ~~ ~~ ~! N ~ ~ f V ~ I \ _ 1 Irk ~ - / ~ CJ ~, ~~ J ~~=~ ~ ~ ~ !~ ~ ~ ^c - w - ~ >~ ~ 1 -_ o _ ~ ~- ~ ''- 1 ~ ~-~~ ~ ~n ~ /" ~~ ~ -~-_ ~ ~, ~ v ' / ~ /~ ~ \\ •/ / ~ M J,\ ~ 1 0 .J , ~ ~ ~ ) ~ ~ ~ ~ ~ ~ ~ ~ ~-- -~_ _ L/~ ~ ; C ----__ ~ b ~ ~. ~ //_y ~ / LL ~ Z ~ ~ M ~iFi i ...11 Meridian Planning & Zoning Commission October 8, 1996 Page 11 MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Johnson: Any discussion, corrections or deletions concerning these findings of fact as prepared? Entertain a motion for approval. Borup: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City? Borup: Mr. Chairman, I recommend the Meridian Planning and Zoning hereby recommend to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: This should be a good project for the City of Meridian Mr. Forrey. (Inaudible) ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY e T Meridian Planning & Zoning Commission October 8, 1996 Page 12 CO.: Johnson: Any discussion regarding the CESCO findings of fact and conclusions of law? Borup: I have none, I think they covered things pretty good on the concerns before (inaudible) sewer and water and it sounded like there are a lot of conditions that need, a lot of things need to happen. I have nothing else. Shearer: Mr. Chairman, I move the Meridian Planning and Zoning hereby adopt and approve these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve these findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Specifically resolving the sufficient sewer and water service for all of the applicant's land included in this application. Borup: Second Johnson: Motion and second to pass the recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL US PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: Johnson: Any comments gentlemen? Borup: Nothing specific on the findings and I think it probably can be handled, the same ia-r ITEM #13: CONDITIONAL USE PERMIT REQUEST FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: Corrie: Is there a representative of the Contractors Equipment Supply Co.? McCreedy: Mr. Mayor and Council members, John McCreedy representing CESCO. A brief overview of the proposal, CESCO would like to build a sales, service and parts dealership for a John Deere facility here in the City of Meridian. They are currently located in Boise where they have been since 1955. A very long standing company with a good history and a good reputation in the Boise area. They have to leave that facility because the airport in Boise is expanding and they need a new facility. They intend to expand the runway there. Their lease is up some time mid to late next year, I believe it is September of 1997. I think the Council probably knows some about this property, it is now known as what is called the playground property. It was annexed first in 1993, there was a development agreement that was signed with Mike and Sue Clarke at that time as the owners of the Playground Inc. There was an amended ordinance #615 in 1994 that changed the zoning on the property to C-G commercial general. A retail equipment dealer, rental and sales would be an allowed use under a C-G zoning here in the City of Meridian. This City Council did recently approve a final plat which subdivided the Playground Subdivision into 3 lots, this is lot 1 of that subdivision. It is currently a driving range. That is the use that is restricted under the development agreement with the Clark's. Last fall CESCO representatives started meeting the Clark's and City ofFcials to determine the possibility of locating the facility here. The purchase was complete after many months of negotiations with the Clark's and the Playground just this last June we were informed by the City that they wanted a conditional use permit in order to accomplish two things one, to get the use in place, two, it was my understanding that was the procedure that would be needed to amend the existing development agreement that is on the property to allow an alternate use. CESCO has put together a very comprehensive development team. They have CSHQA as the architect, Wright Brothers as the builder, Jensen Belts is the landscaper, Hubble Engineering has done some of the engineering, J.J. Howard who is here to speak to the sewer issue has done some engineering on the sewer. The building for the site, we do have the landscape plan here, is approximately 24,000 to 25,000 square feet. You will notice it is setback quite a ways from Overland Road in excess of 200 feet to provide as much distance from the road as possible. The neighboring uses, I understand that lot 2 of the Playground Subdivision which would be located here is now up for sale by the Clark's. Lot one is the RV facility that they have. On the east side you have the Howell facility that was recently approved by the City Council that is a truck and tractor sales and service facility. The freeway, on this end, you might note from the staff report tha# the (End of Tape) equipment dealership, very extensive landscaping for the facility. There is bermed and raised landscaping along the freeway. 1 think they put a lot of time and detail into it. On the back side of this we have a little bit of a layout of the building and an example of what the sign would look like. Very low profile sign, very low wattage on the sign. Very attractive building, plenty of parking, 66 spaces, it is my understanding plenty of handicapped parking. It complies with the Americans with Disabilities Act. Screened trash receptacles for the facility. You may remember that there was a lot of testimony about the glaring lights on the driving range that you have heard over the last couple of years. That problem will be eliminated. The lighting that will be along the freeway will be low wattage, low intensity and the lights that are now on the driving range will be removed. The comp plan calls for mixed use in this area, t believe it complies with that requirement. The public hearing was held there was no written or oral testimony in opposition. I believe it is harmonious and appropriate for the area. You do have two other equipment dealers in the immediate vicinity, Arnold and Western States. Really just two outstanding issues that we have been wrestling a little bit with. One that I think is fairly easily resolved and that is do we need an amended development agreement, we have indicated to staff and to Mr. Crookston that we will do whatever the City wants on that issue of a development agreement. It is my opinion that since you have an existing development agreement out there and since it does restrict the use to the property an amended development agreement would be appropriate. I have put one together in a draft form after Shari's office sent me an example of a development agreement you have done with another facility. I have sent that to Mr. Crookston and hopefully get some comments from him and work that issue out prior to issuance of a building permit if this application is appropriate. I think the more sticky issue is sewer, it is my understanding and Mr. Howard can speak to this tonight that sewer is available for this facility. I did the negotiations for CESCO when we were buying the property from Playground. I can assure you and I did provide a copy of the agreement to staff that there is an easement in place for CESCO to connect to the existing sewer system that exists on Lot 2 and 3 of the Playground Subdivision. That easement allows us to connect to it, to increase the size if we need to, to move the location if we need to, so I think CESCO has full legal right and access to that sewer system. The question of capacity for that Sewer line has been answered by Mr. Howard, I think you have a letter. I did fax over another copy of it again today to make sure you had an opportunity to look at that. It is his opinion that there is plenty of capacity and I think he does have quite a bit of familiarity with it as he was the engineer that worked on the project quite some time ago. I think the better issue or the issue that we have been wrestling a little bit with staff is the policy of allowing this facility to hook up outside the drainage area for the sewer facilities in that area. It is my understanding that the Five Mile Trunk Extension and the plans for that include connecting this piece of property to the Five Mile Trunk Extension. All be it the other two lots in the same subdivision are connected the other way to the City system. The question I think of whether that is an appropriate area to divide it but that is more of an engineering question. I do note that this is all one subdivision that is platted all as one subdivision now. It seems to make some sense that entire subdivision be connected to the same system. But I want to let you know that CESCO really doesn't have a lot of dispute with that, their proposal is that they be allowed to temporarily connect to that system. They have indicated several times that they will participate financially with the other existing and coming users to get that Five Mile Trunk Extension accomplished. We would like to try to look to a solution that gets that accomplished. I think if the facility gets approved and you have a good tax base and you have a very good long standing history with this company in Boise I think it hopefully will be the last time you have a land use application on this piece of property for at least a couple of years, maybe for quite a long time after that. I think also you get an owner in there that is willing to participate financially in the Five Mile Trunk Extension and that seems to be quite an advantage. t don't think they had the ability to pay for the entire thing themselves. But they certainly have the ability to pay as they should for their fair share. We have indicated that all along. So I think there are some advantages to approving the conditional use permit, allowing them to temporarily connect to the existing system that does have the capacity. And then given them some breathing room or some time to work with the other owners in the area to get that Five Mile Trunk Extension extended in compliance with the City Attorney's objectives. I did fax over a letter today, I am not criticizing, but I find a couple portions of the proposed findings and conclusions confusing on the sewer issue. On page 4, we have a couple of statements, one it does reflect our desire to temporarily hook to the existing system. And then it indicates that details for that arrangement need to be addressed in a development agreement and we agree with those two statements on page 4. We need the temporary hook up or basically we have no facility. At least not in the time that we need it in order to get moved out of Boise and into Meridian in compliance with some lawful leases. Second we do want to work out the details of that in an amended development agreement. However if you tum to page nine, and I am not arguing on a technical basis I am just concerned with what might be a later interpretation of these findings and conclusions. It is my opinion that they might be a tad bit ambiguous on the sewer issue. In paragraph 17, it says that it isn't know whether it is physically possible to sewer into the existing system. I think we do know that it is possible to do that. The next page on page 10 there is a phrase that says the City does not have a time table for the extension of the Five Mile Creek sewer line. So I think if one of the conditions of approval is that we connect to the Five Mile Creek sewer line I have some real concerns with that because if there is no time table for that happen then I don't think we have a facility that we can move into in time. So I really think the temporary hook up is absolutely essential for this facility. Then I think those are primarily comments and as Mr. Crookston explained earlier tonight they might not be the final say so. But what is the final say so is the conclusion on page 14 and 15 which would be 7 B, or actually excuse me, let me back up. Page 13 and 14 which would be 5 E on page 14, excuse me where it says the property does not have sufficient sewer service and the phrase that concerns me is and provisions for applicant at its cost to supply the necessary sewer service must be worked out as a condition of granting this conditional use permit. I guess it is that phrase provisions for applicant at its cost to supply the necessary sewer service. If the interpretation of that is the applicant has to pay to connect to the existing service then I don't need to say anything more and I can go. But if the interpretation of that is that they have got to pay for the Five Mile Trunk extension then I think there are some real concems there. So I think that language needs to be clarified. We need some guidance as to exactly what the City Council is looking for. Our request is that we be given that temporary hook up. 1 #hink maybe a reasonable proposal would be to set a time frame on the temporary hook up and then perhaps indicate that when that time runs out if an extension is necessary then so be it. But we are more than willing to include in the amended development agreement a statement that we will pay our fair share for the Five Mile Trunk Extension. So I would ask that even if we can tonight (inaudible) some language on that paragraph 5 E on page 14. Then on page 15, 7 B, I think that needs to be changed to read that applicant shall enter into an amended development agreement with the City prior to issuance of a building permit. That is 7 B on page 15. The language that is there that requires us to comply with the existing development agreement be taken out because I don't think we would be able to comply with that existing development agreement, it limits the use to a driving range. We are clearly contemplating something different. I think there is also substantial concern about that development agreement every being fully complied with in the first place. We kind of want to have a fresh start with a new amended development agreement and this company and opportunity to show you that it is serious about keeping its word on those things. I would certainly stand for any questions, I do have Bob Nemick who is a representative of CESCO, Mark Canfield couldn't make it tonight, he is the president of CESCO, he is actually up in Vancouver looking at some building designs to compliment what we have going here. Corrie: Questions from Council? Bentley: I have a question for staff, Gary, I would like to have your interpretation and views on the sewer issue. Smith: Okay, Mr. Mayor and Council members, some years ago we established, the City of Meridian established a policy that we tried very hard to contain sewer service in sewer service areas, drainage areas. We felt that we didn't want to get outside of a drainage area with sewer service because of possible future impacts on the sewer mains within a designated drainage area. For instance if we were pumping from one drainage area into another drainage and then a heavy use was proposed in the drainage area to which we were pumping we could have an impact on the capacity of the sewer line in that drainage area. So we pretty much stayed with a couple of exceptions I guess to keeping sewer drainage in or sewer service to specified drainage areas. I don't recall the date but when Dr. Clark was the owner of this property he came to me and asked for a letter of sewer service to Lot 1 which is the driving range. I did give him a letter stating to the effect that sewer service could be extended to a support facility for the driving range. Basically the intent of that was to provide a sewer line for the building that housed the driving range operation. And possibly a small concession stand perhaps. But my intent was not to authorize any sewer service beyond that type of flow. I don't doubt what Jim Howard has said, I haven't had a chance to look at it myself but I don't doubt that there is capacity in the line if it was extended. I don't have any record that it was extended across tot 1, that is something that t will have to check with our plumbing inspector because it was a service line it is not a public facility. It was built to serve the lot. But again we would be putting a use, a sewer use back into a different drainage area. The drainage area is delineated by the Hunter lateral as the high ground, that property to the east of the Hunter Lateral was destined to flow into the Five Mile Trunk Extension property to the west flows into the Nine Mile Trunk Extension. The R.V. park that exists out there flows into the Nine Mile because it is on the west side of the Hunter lateral. These sewer drainage areas are not defined by lines etched in stone. Obviously there are places that service can be provided outside of these magical drainage area lines. It depends on the use that is being proposed. The quantity of sewage that is going to be generated from that use and possible impact that it would have on the drainage area that it is going to be discharged into. I doubt very seriously that this use this particular use would be of that great of an impact. What Jim Howard is saying is that there is capacity in that line and as I mentioned I don't discount that. I guess it is a policy thing that we have tried to maintain for several years. We need to be cognizant that when this happens if it happens that the property is or could be taken out of financially taken out of financially participating in the extension of a trunk line. This applicant has indicated that they would participate financially as far as their fair share, I don't know what that amounts to. It is a temporary connection and I agree there needs to be, if possible a time placed on that connection. I don't know if that is possible. Everybody gets fired up to extend a sewer line until it comes time to write a check. Then it becomes well you do it, I will just stand by and you do it and I wilt connect later. The school district as you know purchased 50 some acres from Gary Voigt and in order for that the property to develop as a high school site the sewer line is going to have to be extended under the interstate. When that happens I don't know, someone said within 5 years, within 3 years, I am not sure what their plans are, what their requirements are for a high school. But when the high school is needed that sewer line will have to be extended. There is another piece of property to the east of this piece that is being touted as a truck transport facility and there is a property to the east of that that for a long time has been interested in being developed as a residential subdivision. So there is a lot of property out there that needs the sewer or can use the sewer once the sewer is extended that property is going to be developed. It is not just a matter of connecting this property, it is a matter of getting this property getting sewer to this property once the sewer gets under the interstate. And I think there are some financial questions that need to be answered if this applicant is interested in participating financially, I think those dollars needed to be generated to see what that participation is going to be like. I don't want to see this property taken out of the picture in terms of participating financially because it is in the drainage area to the Five Mile Trunk. Bentley: Thank you, that is all I have. Corrie: Any other comments or questions from Council? Do you have anything further? McCreedy: I just want to add that if we need to start generating some proposed or potential numbers for the sewer line extension I think they would be willing to look at that. We tried to look at that and we got concerned about it being so vague that it is not possible to do that. I think if we can get a date that we can have a temporary hook up for a period of 3 or 5 years and then the right to extend that if necessary. And then during that time period I am sure the numbers will become more concrete but I just want to assure you that this company is willing to participate financially and pay their fair share for that and that seems to be the important thing. I don't know if Wayne and I can massage some language in the development agreement to accomplish those goals, we will do that. (Inaudible) Morrow: Mr. Mayor, if I might, as a comment towards the sewer coming under the freeway, I think that we currently are beginning to deal with some modifications to our late comers agreement. Part of that has been motivated by development that has gone on. It is also a request by Mr. Roylance's office for some clarification with respect to 1 believe Mr. Howell's property and wanting to see some adjustments in how that latecomers agreement was being done. I guess the point of the observation is that there might be in Mr. Howell's case some pressure to do that crossing in the very near term because he does not have the capability of having temporary service. So (inaudible) benefit is that the City was the lead group with respect to the extension of the St. hike's site and will not be the lead group with the extension of any trunk line to any place in the short term. So that is not an avenue that is available to this project or any other project. So, (inaudible) that would be my comments on the sewer issue. Rountree: Mr. Mayor, I would have a question for Council, is the development agreement the place to address something like that given the condition to do that in the conditional use permit. It seems that we have a willing party but we don't have a time table or a dollar amount and yet have the ability to put them on line on a temporary basis. How do we best look at that from the City's standpoint? Crookston: Well the development agreement as Mr. McCreedy said it may or may not fit into what CESCO desires to do. We need to determine or I need to determine a recommendation for the City as to whether or not the City can even or should even work with that agreement or request that a new development agreement be entered into because we are talking about different parties. We are talking about the same land but we do have different parties. At this juncture I am not certain as to how that development agreement affects this applicant. The development agreements do state that they are binding upon the heirs, executors and administrators and assigns. That is something we need to consider. Any party if it is agreeable can amend an agreement even if they are bound by a different one. But I think that the financing of the sewer line could be addressed in a new development agreement. Corrie: (Inaudible) if you are bound by an agreement you can agree to have another agreement, (inaudible) Crookston: If two parties have an agreement that is binding upon both of them they can agree to change that agreement. Corrie: I was thinking a third party (inaudible) Crookston: 1 thought that is what I said, but it was clearer the second go around McCreedy: (Inaudible) plus the limitation in the old agreement the property only be used for a driving range. Crookston: Why did I understand you and I don't him. Rountree: I have a question for you, you just indicated you wanted a new agreement but previously you indicated you wanted to enter into an amended agreement. McCreedy: And those are the same thing, an amended agreement is the same as a new one. It would just indicate that there (Inaudible) now know there has been an original and an amended. Morrow: Well for point of discussion here I am supportive of the project in terms of the temporary sewer hook up I think that is a do able deal and I think we qualify that with a 3 to 5 year time frame to allow this extension of the sewer service to come under the freeway. I think we also qualify it with setting the payment terms or conditions, some method to get to fair share which would be done through the City engineer's office in conjunction with the City Attorney. I think the last thing is that from my perspective amended or new doesn't make any difference it seems to me like there is a lot in this development agreement that needs to be changed. So that whatever you two wish to call it we get something that reflects what is really going to go on here. I don't have any dispute with Mr. Howards engineering expertise it is well known around the valley. So I agree with Gary Smith's acceptance of that. So those would be my thoughts with this project. Bentley: Mr. Mayor, I too agree with the project concept and (inaudible) the sooner we get some commitments from people to do an extension maybe we can get some more of them on line and get the line moving. Corrie: Have we significantly answered your question on page 14, number E, the property does not have sufficient sewer service available (inaudible) for the applicant at its cost to supply sanitary sewer service, have we taken care of that for you? McCreedy: I think maybe the facts are that it does have sufficient sewer. Corrie: That is what I want to make sure that you are understanding that we are saying. The City Engineer says it is a possibility but we need to find out where the sewer line is. McCreedy: I think we know where the sewer line is (Inaudible) Morrow: Being as there are findings of fact and conclusions here and we are going to do things that reflect major changes in these findings of fact and conclusions I would move that we instruct the City Attorney to prepare new findings of fact and conclusions. Bentley: Second Corrie: Motion is made and seconded that we have the attorney draw up new findings o fact and conclusions of law based upon the testimony tonight, any discussion? Bentley: Yes, would that include the Morrow: The new findings would be inclusive of everything that we have discussed here this evening in terms of making the adjustments to the development agreement and the temporary sewer to everything else. So that appears to me to be the fastest way to get to the objective and the simplest way that we can get to where we need to be. Rountree: Sounds reasonable to me. Crookston: I have a question, just on the date, when you want those done. Morrow: By the next meeting. Crookston: As I said I am not going to be here on the 6th, I can do those before (inaudible). I think that we do have, because you are talking about the development agreement we are talking about some time. Rountree: Are we talking about redrafting the development agreement or just the findings and then entering into the development agreement. Crookston: The way I heard the motion it included changing everything. Morrow: The motion was to change the findings to reflect the issues that we are discussing here. Now the findings can state that we need to enter into a development agreement (inaudible). Crookston: I did not understand that Morrow: My intent was to get the very first hurdle out of the way which was to clean up the findings of fact and conclusions to reflect all that we have discussed (inaudible). Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council November 19, 1996 Page 10 ITEM #4: TABLED NOVEMBER 6, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: Cowie: Council do you have that in front of you? Morrow: Mr. Mayor if we could, City Attorney Crookston handed us a revised findings upon coming to the meeting tonight, could you have him briefly or could we have him briefly explain the difference between that and the findings we had prior to this? Cowie: Mr. Crookston? Crookston: Certainly, Mr. Mayor and Council, these, the difference between what you had previously had is that this relates, the changes relate to basically an agreement that has been proposed to the Council in my discussions with the applicants Counsel John McCreedy and myself and Gary Smith who I informed of the representations that had been made by Mr. McCreedy. It relates to the sewer line coming across the freeway. That it was agreed subject to the Council's approval of course that there would be no requirement immediately that the sewer line be placed at this time. That they would connect to the existing sewer connection that is in the playground on lots 2 and 3. CESCO proposed to develop on lot one that they would have five years to try and do that. If they connected, if someone came across let's say just another third party or a 6, 7, 8 or 20th party decided to combine and get that sewer line across the freeway that they would connect to that line as soon as it came to them. If however that sewer line was not constructed by someone else in five years CESCO has indicated that they would place that line, put the line in. I have told them that it is an 18 inch line underneath the freeway then goes to a 15 inch line from the point where it ends on the south side of the freeway to where it connects to Overland Road. Then it would beaten inch line going west on Overland Road so they are informed of that. They have basically entered into an agreement that is certainly subject to the Council's approval. With that connection to the existing sewer line in the Playground that they could operate for up to five years after the time that they obtain their building permit. So it likely is longer than 5 years from today or whenever the proposal is agreed upon. We are still working out the development agreement. Mr. McCreedy and I have discussed it somewhat. So there are still some questions some minor questions that still need to be (inaudible) and agreed upon. Ultimately we would come back with the development agreement and ask the Council to approve that assuming that CESCO also signed that development agreement. The real difference is in that the original findings said that CESCO had to put the sewer line across the freeway from north to south and take it to their property. Morrow: Thank you, I have no further questions. .er~ i Meridian City Council November 19, 1996 Page 11 Corrie: Any further questions of Council? Rountree: I believe one thing we talked about on this was that at the end of that time period as it was established that there may be an option to extend that as opposed to being a drop dead kind of clause. I don't have any problem with the way this is written, but I believe that was discussed with CESCO when they were here last. Crookston: 1 am song I am not understanding you. Rountree: Well in the end, in this case five years it says they will build the sewer line. I believe when we discussed it it was at the end of whatever time period we prescribed then there may be an allowance for that to be extended. Crookston: You are right Mr. Rountree, that was discussed, the five years came out basically as a proposal if t recall correctly in our discussion. I met with Mr. McCreedy and two representatives of CESCO on a week ago today and we discussed it and the eve year period came out in that discussion, but you are correct. Morrow: Mr. Mayor, I would move that we adopt the revised findings of fact as given to us today 11-19-96 for the CESCO Contractors Equipment Supply Company. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we accept the adopted revised findings of fact and conclusions of law, any further discussion? Crookston: I just have a point, as I am sure you noticed these findings I delivered tonight do adopt the Planning and Zoning Commissions findings, so these are not the only thing you are dealing with. Corrie: Any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Mon'ow: Mr. Mayor, the Meridian City Council of the City of Meridian hereby decides that the conditional use permit for the property set forth in the application should be approved under the conditions set forth in these findings of fact and conclusions of law. Those of the Meridian Planning and Zoning Commission. If the applicant is not agreeable to these findings of fact and conclusions and those of the Commission and is not agreeable into Meridian City Council November 19, 1996 Page 12 entering in a new and amended development agreement the conditional use permit shall not be approved. Rountree: Second Corrie: Motion made and seconded on the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED NOVEMBER 6, 1996: REQUEST APPROVAL FOR PROPOSED MERIDIAN PRESBYTERIAN CHURCH: Corrie: Is there anybody here from the Presbyterian Church tonight? Berg: I had a conversation with Paul Hoffman and he verbally requested that this be dropped from the agenda. They are seeking several options one of them including an annexation route. But at this time he doesn't feel there are any more things he needs to address the Council with. He didn't have time to give me a letter, fax me a letter today but he said he would follow up with that so it doesn't drag on. He requested that it be withdrawn from the agenda. Morrow: I guess my question would be is what else could we do for those folk. We have had a preliminary discussion with them as to what the requirements would be and so on and so forth. I would suggest that we or would move that we drop the item from the agenda and subject that motion to receipt of a letter from Mr. Hoffman requesting us to do so. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to drop the request of approval from the agenda and request a letter from the representative. that the Presbyterian Church is requesting to do so, any further discussion? Rountree: Mr. Mayor, as a point of guidance or direction to staff, I would suggest that the City of Meridian through staff track this application. If it ends up in Ada County Planning and Zoning and Ada County's action and (inaudible) city requirements are incorporated in their plan. Morrow: Mr. Mayor, I think I would like to amend the motion to incorporate Mr. Rountree's statement. Would that be agreeable to the second? i Meridian City Council November 19, 1996 Page 13 Bentley: Yes Cowie: Okay, the motion has been amended to incorporate Mr. Rountree's comments to staff, (Inaudible) any other discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: BRIDGEWOOD CONDOMINIUMS BY BOISE VALLEY CONSTRUCTION: Morrow: Mr. Mayor, is there someone here representing Bridgewood Condominiums? Eddy: Charles Eddy with Pacific Land Surveyors. Morrow: Mr. Eddy, I have a question, in our packet there is a letter dated November 15 from Brace Freckleton and Shari Stiles with comments regarding the final plat, are you in receipt of that letter? Eddy: Yes, we received the letter and responded November 18 to Shari. Morrow: You are in agreement with all of the comments and conditions that were addressed by both Shari and Bruce? Eddy: Yes we are (End of Tape) Cowie: I guess I have one for the Counselor, have you read the CC&R's yet or did you just get them, Mr. Crookston? Crookston: Quite frankly I haven't seen them but I probably have them. Cowie: Any further questions for Mr. Eddy? Rountree: I have a question for staff? (Inaudible) response to the November 18 letter, are the responses satisfactory? Freckleton: Yes Councilman Rountree, I don't have any problem with the response, the only thing I wanted to make sure of was that legal counsel has a chance to review the declarations. Meridian City Council April 1, 1997 Page 3 list there you can see that the community is making this happen. I also am pleased to officially hand you a pledge form and I do look forward to having you join us the day of this event and celebrating our current and future park projects. Thank you very much for your time and the proclamation. Morrow. Mr. Mayor I would like to recommend that we give a big hand to all of the members of the committee and all of the corporate sponsors and company sponsors they have all done a heck of a fine job for us and it is a great event. I would urge all of you that are here for other reasons to support this issue also when it comes time to do this. Corrie: Also at this time I would like to recognize we have a couple scouts here from Troop #130 and welcome fellows we appreciate you being here tonight. ITEM #1: TABLED MARCH 4, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Corrie: Mr. Crookston you have some information on that. Crookston: The information that I have is that the Nampa Meridian Irrigation District and the City still have some items to work out and it is not a done deal yet. Morrow: That being the case Mr. Mayor t would suggest that we table this until probably the first meeting in May which would be May 6. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we table this to the first meeting in May which is May 6~h, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Council with your permission the City Attorney as requested that we put item #16 up further the request on Cesco Agreement. So if the Council has no objection we can move that to the second spot. ITEM #16: CESCO LATE COMERS AGREEMENT: Corrie: Is there a representative from Cesco here this evening? McCreedy: Thank you Mr. Mayor and members of the Council, John McCready representing CESCO. We have been trying to hammer out what is now called the partial amended development agreement for this property. You may recall we had a principal Meridian City Council April 1, 1997 Page 4 issue of the Five Mile Trunk Sewer extension when we were doing the conditional use permit application on that. My client CESCO agreed to participate in the construction of that extension if it wasn't constructed by another party either with or without CESCO within the next five years. And the City Attorney and I have been hammering out the language on that. We have one issue that remains and that is should the Five Mile Trunk Extension if it has to be constructed by CESCO be extended to CESCO's eastern or western boundary. Now I did submit a letter to you earlier today short two page letter and I provided copies to Mr. Berg earlier this evening so I was hoping that you might have a chance to just briefly review that issue. In light of that I would like to take a very short couple of minutes and give you some background. First I have a document that I would like to pass out if I might. What it is, basically is our version of what the Five Mile Trunk Sewer extension should be. I understand City policy is that the developer or City property owner should extend the sewer line to the farthest point in the boundary. Fully agree with that, when the next person down the line doesn't have sewer and it needs to continue to run in a logical fashion. I think the exception that should be made in this case is basically a factual one. You may remember and be familiar with the Playground property. Lot 2 of the Playground property already has adequate sewer service. You heard some testimony when we were doing the conditional use permit to that effect from Mr. Howard. He is here again tonight and I would ask that he have just a few minutes to kind of briefly recap that issue and briefly explain to you how CESCO is going to hook up temporarily to that sewer service for five years. So our position is that it doesn't' make a tremendous amount of sense to extend the, if the Five Mile Trunk Sewer Extension has to be built to extend it to the CESCO western boundary. Because the only property that could. be served by that is Lot 2 of the Playground Subdivision which is owned by the Playground and they already have adequate sewer service. In fact I would like to hand to you a copy of a couple of pages from the development agreement that was entered into between the Clark's Playground and the City and in that development agreement the Playground agreed to provide their own sewer service. In fact they agreed at that time to provide sewer service to the lot that we eventually bought but that never came about. There was never sewer service provided to that lot. But they did provide in compliance with that agreement, I have highlighted the relevant provisions of that for you. Their agreement to provide sewer service to their own property. So we don't think it makes much sense to impose upon CESCO the economic burden of ripping up the extensive landscaping that they are going to put in here in the next few months and running a sewer line approximately 400 to 465 feet to the west to serve a piece of property that already has adequate sewer. Our goal tonight is not to have this thing extended for another couple of months to do this issue. In that regard I have brought original partial amended development agreements that I would like to give to the City Attorney and I have attached to this as exhibit B the issue that we are debating tonight. That is the diagram that I provided you earlier. We are ready to go, we are ready to sign, we have signed in fact this agreement and my client's signature has been notarized. We are hoping that you will see an exception here for that general policy. It doesn't seem to make a tremendous amount of sense to impose and it is approximately $30,000 in today's figures to run that line to the western boundary of Meridian City Council ~~ April 1, 1997 Page 5 CESCO's property. I would stand for any questions that you might have and if not turn it over to Mr. Howard for a very brief (Inaudible). Corrie: Thank you Howard: My name is Jim Howard with JJ Howard Engineering. If you have any questions, any location, size, depth of manhole whatever that I can, any of the engineering questions. I have a little, should I place this on the board over there in case you want to refer to it (Inaudible). This is the CESCO property and this is the Playground area (Inaudible) portion that now presently has sewer. (Inaudible) The rest of this is gravity flowing over to Locust Grove. Here is CESCO, this the line they are building a 2 inch pressure main into a manhole and then gravity all the way over here. So all of this gravity line (Inaudible) presently being served by a sewer that ranges in a depth of 5 feet here to probably 8 to 9 feet here. That is the kind of schematic (inaudible) to a point (inaudible). Crookston: Mr. Howard, I understood you to indicate that they were extending the sewer along their southern boundary? Howard: (Inaudible) and then they would (Inaudible) and run this way with it (Inaudible) Crookston: That is what my understanding was from my discussion with John McCreedy was that they wanted to stop the sewer at their eastern boundary. Howard: (Inaudible) Here is a gravity line that runs all the way (inaudible) Morrow. Mr. Mayor, Mr. Howard, if it can be shown in the event that the sewer line that is currently proposed to terminate at the eastern boundary went to the western boundary what would the approximate elevation be when it got to the western boundary? Howard: I can't speak to that because that is a design (inaudible) perhaps your City Engineer would know better than I (inaudible). Morrow: What you are suggesting to us then is currently in order for this line to be serviced off of the gravity flow line the elevation is not sufficient that it will gravity flew it is an elevation issue where it has to be a pressure line to get into that gravity flow line. Howard: At one time we thought that it would serve gravity but this is so much more than (inaudible) that most, efficient cost (inaudible) Morrow. Thank you Corrie: Any further questions Meridian City Council April 1, 1997 Page 6 Bentley: I have one, in the event that proposed sewer line does come up, you say if you can gravity feed then you will abandon that line? Howard: Yes (inaudible) Crookston: Excuse me Mr. Mayor and Council I would like to have Gary Smith make a comment on this. Smith: Mr. Mayor and Council members, the extension of the sewer line in Overland Road was not only intended to sewer property on the north side but it was also intended to sewer property on the south side of Overland. As the applicant has pointed out the property on the north side Lot #2 of the Playground Subdivision is apparently sewerable by the existing private sewer service line that runs through the RV park. We don't know at this point what the status of the ground to the south is going to be. At one time as you know it was proposed as a subdivision, since that time 50 some acres I believe has been sold to the school district the Meridian school district for a high school site. The frontage remains in the ownership of the original property owner or developer. I don't believe that there is any problem with elevation on the sewer line as far as extension in Overland Road. The ground slopes from the Hunter Lateral which crosses Overland Road west of CESCO's site. It slopes to the east downward. So I believe where the line is brought under the Interstate and south to Overland Road will have sufficient depth to extend to the west across the front of CESCO and indeed pick up CESCO's sewage. The reason that the applicant is here before you tonight is that the policy that we have established in the past to extend the sewer and or water along the frontages of properties that develop. Their request was contrary to that policy that is the reason I asked Wayne to have them come and talk to you. Crookston: Mr. Mayor and Councilmen, it is actually more than a policy it is an ordinance that requires that for the person that puts in the line to extend it to their farthest boundary from the point in which the sewer and or water it is the same policy in both the water and the sewer. They are to extend it to their farthest point from which it enters. (Inaudible) McCreedy: We understand the ordinance and we understand the policy we are asking for an exception to that and there are two principle reasons for that. One, I think you see that CESCO has made a commitment to approximately a $300,000 expenditure. If in fact they can't get that thing constructed in cooperation with some other parties over the next five years obviously there are some land owners on the south side of Overland that are going to need to be consulted about that including the school district. We are aware that there are some agreements and some plans already in place where there is some money dedicated by the school district. So we hope to solve that problem through some good communication and negotiation. What our principal point is we have made a pretty serious commitment of $300,000 to take it to at least the eastern boundary our or Meridian City Council April 1, 1997 Page 7 property. We did that commitment because we believed in having a facility in the City of Meridian. We had an argument that we could have made about a year and a half ago that we were entitled to a building permit instead of a conditional use permit and an amended development agreement. I think from my client's standpoint I have to express to you that they believe that they have done enough. They are looking for a little reasonableness and a little compromise from the City Council in that regard. That is quite an expenditure and quite a commitment that they are making. If the property owners on the south side of the property that would have the ability and the financial where with all to come and negotiate and get the sewer line from the eastem point I think they are more than able to do that and more than willing to do that. I also understand that their driveway is going to line up with our driveway which is on the eastern side of the facility. So I question why they would want to come across Overland Road at the western side of the facility to get that particular line. Although I recognize the status of their site plans and the approval of their plats is a little bit in flux. It is not exactly clear where they are going to need to do it. What our point is we have made a serious commitment, we think we have done enough and we are asking for some reasonableness and some compromise on the City Council's part, that in short is our request. Morrow. 1 have a question of Gary, with respect to the Playground the way that it was originally approved the sewer line that the Playground was to put in was also to and through their property was it not? Did they in fact do that? Smith: Mr. Mayor and Council members, Councilman Morrow, the, as far as I know the agreement with the Playground was that Lot 1, the driving range which CESCO has purchased was not sewerable by gravity. As you know it is in a different drainage area it is in the Five Mile Drainage area. When the property owner before CESCO, Dr. Clark came to me one day and asked if they could extend their private sewer line to that lot #1 for a facilities building for the driving range, the ball shack in other words or a place that may dispense soft drinks and that sort of thing. I wrote a letter to him and said yes you could if it was physically possible to do that. The reason that I limited that service was because it is in a different drainage area. There was no prospects at that point that the Five Mile trunk line was going to be extended in the near future and that was the reason that I wrote the letter. But I don't believe that the Clark's the developers of the Playground Subdivision were required to extend sewer through there because it just physically wasn't possible. The ground elevations would not permit it, the ground is sloping from the Hunter Lateral to the east, the sewer is sloping from, it is adverse grade you might say. As Jim Howard pointed out, its present elevation it pokes out of the ground it is just not deep enough to serve that lot. Morrow: My question then would be is the ordinance that Attorney Crookston refers to does it have a provision within that ordinance that allows us not to require them to sewer to and through their property even though it doesn't meet the grade requirements or the drainage requirements. Is there provision that allows us to have that exception and have them not extend that sewer? Meridian City Council April 1, 1997 Page 8 ~ _. Smith: I can't speak to it Councilman Morrow, I don't know that it does or doesn't. I don't know if there is a provision for a waiver or not, without looking at it I couldn't tell you. Crookston: Mr. Mayor and Councilman Morrow, the only provision that the City has to really get around that requirement is through a variance. Morrow. Did we give them a variance from that requirement, the Playground? Crookston: Not to my knowledge. Morrow. Mr. Mayor, a follow up question for Gary, the Voigt property that is across the street from this particular parcel. That property by and large flows to the east is that correct? Smith: Yes I believe it does Morrow. They have an obligation also with respect to the sewer line or the extension of the sewer line to serve their property do they not? Smith: Yes Morrow: And in this case would that obligation be to extend it across the front of their property to the point of the Hunter Lateral? Smith: Yes, it would need to be extended as far as it was needed to serve that property. At this point we don't know where that point is. It wouldn't go, I would not believe that it would go to the Hunter Lateral because of the way that streets are laid out and tots are positioned. I think on the preliminary plat and recalling from memory that there was an access road over there someplace across from CESCO. There wouldn't be any reason for the sewer line to extend past that if that was indeed where the access point was going to be. But I believe that plat has become null and void because of time since it was approved. Morrow. Then also if that was the case then we wouldn't have to follow the ordinance that says that to and through their property. In other words their extension where they developed first would simply be that portion of their property that could be served by that line. Smith: The intent of the ordinance as I understand it is to provide the extension of the sewer and water line so that the adjacent development can pick it up and extend it on through their property. This property is near the end of that line extension. So there would be no reason to extend it to the Hunter Lateral and stop it at that point, it can't go any farther to the west. It would be redundant unless there was a need on the south side for the sewer line at the Hunter Lateral. Now I can't envision that there would be Meridian City Council April 1, 1997 Page 9 because the way the ground is sloping to the east. But at some point to the east of the Hunter Lateral It could be needed. Morrow: If in the event that the requirement of CESCO was to extend to their western boundary and the only beneficiary of that is on the south side of the street then would they be required to reimburse CESCO that cost of that extension through a Late Comers Agreement or other means? Smith: Well typically we haven't, unless it is a very restricted use on a sewer or water line extension we haven't earmarked it as such. It is more generalized in terms of the number of equivalent residential connections that are being made to the line that has been extended. Perhaps a late comers agreement could be crafted so that it was indeed equally shared, the cost, if there were only two users for example. Morrow. I guess my concern here is that if it is extended that distance to the western boundary then clearly the only beneficiary to that is the folk to the south side of the road unless there is some provision for them to reimburse or pay it looks to me like you have a case for unjust enrichment on their part. That doesn't seem to be fair to me. Smith: They are the only ones that would be using it. That is right. Morrow: Thank you Rountree: I have a question for counsel, it appears that really the only solution if we are to respond to the request of the applicant is to have this brought to the council in the form of a variance hearing, correct? Crookston: That is correct Rountree: I would suggest that we do that as soon as possible and proceed with working with the applicant on getting at least the language of the development agreement worded. Morrow: I guess my comment would be to that is very candidly from our side as the City I think we have been remiss at getting this issue handled in a timely manner. 1 think the other thing is that if we are going to do the variance route which is the legal way to do it that we ought in fact instruct our Building department to process those plans and specifications so that process can be ongoing and permit taken out so folk can begin their construction as quickly as possible while we resolve the technical issues. So I would offer that comment to the Council. I think that we first dealt with this issue if memory serves me back in October. Here it is April some five months later or six months later that we are resolving this issue. That is not very timely on our part. Meridian City Council ~~~ April 1, 1997 Page 10 Bentley: I would agree, I think we need to as Councilman Rountree stated we need to get the variance going. And in agreement with Councilman Morrow I feel we need to get on the way and get this man his permit so they can get started on their building. Tolsma: (Inaudible) Crookston: The only concern that I have is that the property directly west of the CESCO property we have no idea what use that will be put to. It is right now is in the Clark's ownership whether or not that can be sold and the buyer need eventual sewage I have no idea. That is the reason it was my understanding that the original extension of the sewer line to the west was set to go to CESCO's western boundary so that property to the west of CESCO could possibly connect to it. If tat can be sewered by means of the private line that the Playground now has the Clark's that is totally acceptable to me but it is a private line. It is not a City line, that line does empty into a City of Meridian line in Locust Grove Road but it is a private line right now. Is that not correct Gary? Smith: Yes that is right. Morrow. Does that line gravity flow at the current time? Smith: As far as I know, I know it gravity flows through the RV park, I don't know how far beyond the RV park that line was extended. Morrow. Mr. Howard may I see your map please? At the point of the green at the round point that is point of connection? Howard: (Inaudible) Morrow. And is currently exists and was functioning before its gravity flow line? At what point is the private line? Howard: The private line extends (Inaudible) on the east side of Locust Grove (inaudible) Morrow. Follow up for Gary, where is the, does the private line start at Locust Grove? Smith: The private line starts at the line in Locust Grove correct, not at the right of way but at the sewer line. Bentley: Mr. Mayor, how large is that line? Howard: This is a 6 inch and (inaudible) right now there is only one, no one being served by that sanitary sewer even with the exception of these few service lines by (inaudible) you really wouldn't want it any larger than that (inaudible) Meridian City Council April 1, 1997 Page 11 Corrie: I guess it seems like we have a fairly good consensus of what we want to do is to have them move on with their project and we'll have the variance put together for us. If you want to go ahead and start the Bentley: I have one more question, on that existing 6 inch line there is no actual obligation on that field to sewer to that line is there? Crookston: Under our ordinance the Clark's were supposed to or should have extended that sewer to and through their property which would have extended to their eastern boundary which is the western boundary of CESCO's property. Bentley: But basically what that design shows on that map that they have done that. Crookston: That is correct but it is not a public line it is a service line. Morrow. Mr. Mayor, I would move that we instruct the City Attorney to take the steps to complete the development agreement, that we instruct Mr. McCreedy and his client CESCO to immediately apply for the variance that is needed. We also instruct the City building department to immediately begin processing of the building permits and the plans and specifications in preparation to award a building permit to proceed upon completion of the variance and for the staff to expedite the variance process. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, you heard the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Crookston: I have one more question Mr. McCreedy do we have a new child? McCreedy: (Inaudible) ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO I-L BY MICHAEL AND MICHELLE MURASKO: Corrie: Counselor? Crookston: Mr. Mayor and Councilmen, what is cleaned up I believe it is paragraph 22. Morrow. Mr. Mayor I have a question or I guess a comment, question or comment or both. Findings of fact do clean up the issues we were kind of concerned about. I guess my question is this particular parcel does not have a development plan (Inaudible) annexation and zoning (inaudible). It seems to me in the plat process or on the plat there should be some kind of notification that there are pending issues to be dealt with BEFORE THE MERIDIAN CITY COUNCIL CONTRACTORS EQUIPMENT SUPPLY COMPANY (CESCO,L CONDITIONAL USE PERMIT LOT 1, BLOCK 1. PLAYGROUND SUBDIVISION EAST OF LOCUST GROVE ON OVERLAND ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application was heard by the Meridian Planning and Zoning Commission on September 16, 1996, at the hour of 7:30 o'clock p.m. on said date and the Commission adopted and approved Findings of Fact and Conclusions of Law at the Commission's meeting on October 8, 1996, the Application came on for consideration before the Meridian CITY Council on October 15, 1996, without a public hearing as allowed by 11-2-418 E., at the Meridian CITY Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, John McCreedy, appearing, and the CITY Council having considered the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission, the comments of the Applicant's representative, and the matter, the Meridian CITY Council makes the following Amended Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The CITY Council hereby adopts and approves of the Meridian Planning and Zoning Commission's -Findings of Fact and incorporates them herein; that any statements, findings, FINDINGS OF FACT AND CONCLUSIONS - 1 t'~ conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Findings of Fact shall overrule the actions of the Commission. 2. The CITY Council hereby finds that Applicant's representative, John McCreedy, stated and represented, among other things, that the Development Agreement that was entered into between the CITY and Mr. & Mrs. Clarke needs to be amended; that he has sent a proposed amendment of the Development Agreement to the Meridian CITY Attorney; that the driving range lights would be removed, that the sign for Cesco would be constructed as shown and be low voltage; that with regard to the sewer there is an easement, that the sewer can be enlarged and their engineer, J. J. Howard, states that there is plenty of sewer capacity, that the land was platted all as one subdivision, that their only desire was to connect to sewer temporarily and that they would help financially to extend the Five Mile Sewer Extension and would pay their fair share. That Mr. McCreedy stated that he had facsimiled a letter to the Planning and Zoning Administrator on the day of the CITY Council meeting, October 15, 1996; he stated that Page 4 of the Findings of Fact, referring to Finding of Fact 10., subparagraph 2., needed to be changed to reflect that the property does have sufficient sewer service available on a temporary basis to serve the use of CESCO according to CESCO's engineer and that Finding No. 17, regarding the CITY Engineer's statement that he did not know if the sewer line that ran to this property could sewer the property FINDINGS OF FACT AND CONCLUSIONS - 2 • ! - ~`. or not, and that the CITY did not have a time table for extension of the Five Mile Creek Sewer Line. Mr. McCreedy stated that a temporary sewer connection was needed and that Conclusion No. 5. e., should be changed because it stated that the property does not have sufficient sewer service available and that the Applicant must provide the sewer service at its cost as a condition of granting the conditional use. He additionally stated that the Applicant does not want to have to pay for all of the Five Mile Sewer extension and that in Conclusion No. 7. b. , he would put, "Meet the requirements of an amended development agreement.", because CESCO cannot comply with the existing development agreement that the Clarke's entered into. After the reference in the paragraph below, Mr. McCreedy stated that the Applicant desired to temporarily connect to the sewer for three to five years; he stated that they were willing to include in an amended development agreement a statement that they will pay their fair share for the Five Mile Trunk Extension. That during Mr. McCreedy's last statement, a representative of the Applicant stated that CESCO would commit to assist in financing the Five Mile Sewer project. 3. That the CITY Engineer commented, in response to an inquiry from Councilman Glenn Bentley, that the Clarke's had asked for a letter for sewer to the driving range and he said that they could provide sewer to the driving range and the concession stand, but that he had not told them that there was enough capacity to serve the business; he additionally commented that land on the west FINDINGS OF FACT AND CONCLUSIONS - 3 of the Hunter Lateral goes to Nine Mile Sewer and land on the east goes to Five Mile Sewer; he also said that land could be taken out of participating in the Five Mile Sewer; that it was a policy of the CITY that sewage in a drainage should be served by the sewer line serving that drainage and should not be taken out of the line serving the drainage; he also stated that he did not doubt what Jim Howard had said and that he did not doubt that there is capacity in the line if it was extended. CONCLUSIONS 1. The CITY Council hereby adopts and approves of the Meridian Planning and Zoning Commission's Conclusion of Law and incorporates them herein; that any statements, conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Conclusions of Law shall overrule the actions of the Commission. 2. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, and b), all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that as required and stated above in this paragraph, it shall be subject to development review guidelines. FINDINGS OF FACT AND CONCLUSIONS - 4 3. That in addition to the Conclusions of Law adopted by the Planning and Zoninq Commission, the Applicant shall also be required to do, and perform, the following: a. Meet the requirements, all at Applicant's cost and expense, placed on the property during its annexation and zoning, except those which pertained to operating and maintaining a golf driving range or related thereto, which will be determined by the CITY. b. Meet the requirements of the Development Agreement that was entered into by Applicant's predecessor in title except those which pertained to operating and maintaining a golf driving range or related thereto, which will be determined by the CITY, all at Applicant's cost and expense. c. Meet the requirements and comments of the CITY Engineer, the Assistant to the CITY Engineer, and the Planning and Zoning Administrator, all at Applicant's cost and expense. d. Meet all of the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Fire and Life Safety Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, all parking and landscaping requirements, all at Applicant's cost and expense. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, CITY Fire and Police Departments, all at Applicant's cost and expense. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or CITY Ordinances, all at Applicant's cost and expense. g. Enter into the proposed Amended Development Agreement that has been negotiated between the City, but has not been adopted by the City, and the Applicant, or a similar such agreement. The Agreement shall, when adopted and passed by the City and upon execution by all parties, be attached to these Findings of Fact and Conclusions of Law. The Development Agreement provides for many things, which include that the Applicant shall be allowed to temporarily connect to the existing Meridian sewer line FINDINGS OF FACT AND CONCLUSIONS - 5 e~ that exists on Lots 2 and 3 of the Playground Subdivision, the temporary sewer connection will provide sewer service for five (5) years from the date of issuance of a building permit to Applicant for the structure that Applicant proposes to construct on the property, the Applicant shall, individually, install and construct the Five Mile Trunk Sewer Extension if Applicant, and/or others, have not installed and constructed it within five (5) years, that if the sewer extension line is not constructed in five (5) years the Applicant shall construct and install it, and that Applicant shall be allowed to enter into a Late Comers Agreement for repayment of the costs of installing and constructing that sewer line. All construction costs for installing and connecting to the Meridian Sewer shall be at Applicant's cost and expense. h. Enter into an amended Development Agreement with the City. i. Execute and deliver it to the City, if it is in agreement with these Findings of Fact and Conclusions of Law, a statement that it is in agreement. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian CITY Council hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian CITY Council of the CITY of Meridian hereby decides that the Conditional Use Permit for the property set forth in the application should be approved under the conditions set FINDINGS OF FACT AND CONCLUSIONS - 6 ,, . forth in these Findings of Fact and Conclusions of Law and those of the Meridian Planning and Zoning Commission; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and those of the Commission and is not agreeable with entering into a new or amended development agreement, the Conditional Use Permit shall not be approved. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS - 7 J If JINI JONES 8~ AS30C1ATES Attorneys at Law 1275 Shoreline Lane Boise, ID 83702-6870 Jim Janes Bo,~: (zos} ass-9zoo Fax Transmittal Cover Fax Number: 887-4813 To: MAYOR ROBERT CORRIE MEMBERS OF MERIDIAN CITY COUNCIL SHARI STILES WAYNE CROOKSTON MARK CANFIELD Comment: Total Number of Pages (Including This Page): Date: April 1, 1997 original Document: Please Adv.~se of John McCready will be sent by first-class mail X will not be sent neficiency fn this Transmission NOTICE: This ~~~~ssage is intended or. ~ ~ for the use of the adcYreasee and contain fnforraatic that is privileged, confidential, ar, .tempt from disclosuz ender appl.fCable law. If the reader of this notice .is not ~:.e a. 3ssee or the employee oz- agent responsible for aTe1__varing ts~~ pte~ ~ge to the addressee, you are hereby notified tha~r :sny dissnmir : .ion, distribution or copying of this communicatirr, i.s str:~ i1,~ proh.fbited. If you have received this communica~iv« in error, please notify us immediately by te.Ieph©r:e and reLUrn these papers to us at the address shown above via first class mail. Faz: (208) 385-9599 From: JOHN MCCREEDY CJ'-1 JIM JONES & AS$OCIATEB Attorneys at Law 1 275 Shoreline Lane Boise, Idaho 83702-f:870 Jim Jones so19c; (~~) ass-~ov via Fax ~o: 888-3969 Wayne Crookston Attorney City of Meridian P.O. SOX 427 Meridian, ID 83642 John McGreedy Fez; (208) 3$S-9S99 April 1, I997 Re: cESCO Partial Amended pevelopment Agreement Dear Wayne: As we discussed this morning, I have redrafted paragraph 8 of exhibit A as follows: 8. In accordance with paragraphs 11 and 12 of this Agreement, the City shall issue to CESCO a Certificate of Occupancy following the City's completion of a fire inspection, building inspection, and electrical inspection, and CESCO's satisfaction of the require- ments of this Agreement and all other applicable requirements for issuance of a Certificate of Occupancy. Please let me know if this language is acceptable. i will bring three originals of the Partial Amended Development Agreement with me this evening. I look forward to hearing from you. Sincerely, JGM/tg John McCready cc Mark Canfield, CESCO, Via Fax JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, Idaho 83702-6870 Jim Jones ~~e: (zos~ sss-savo April 1, 1997 Via 8AR Taa 88y-813 ~ionorable Robert D. Corrie Mayor City of Meridian Members of the Meridian City Council 33 East Idaho Meridian, TD 83642 John McCready Fstx: (ZO$) 3SS-9599 Re: CESGQ Partial Amended Development Agreement Dear Mayor and Members of the City Council: I am writing on behalf of CESCO. We have sucaeasfu~.ly resolved with City officials all of the issues regarding CESCO~s Partial Amended Development Agreement, with the exception of the distance vP the Five Mile Trunk Sewer Txtension. As you may recall, CESCO agreed to construct the Five Mile Trunk Sewer Extension, individually or in cooperation with others, in the event that Extension is not constructed by CESCO or another party within five years from the date of issuance of a building permit. AIe are hopeful that the Extension will be constructed before that time by existing landowners, using funds already dedicated for that purpose. However, in the event cESCO must construct the Extension, we agree that the distance and size of that line should be defined. We have reached agreement with the City Engineer on those issues, with one exception. The question we would like the City Council to address is whether CESCO must construct the Extension to the western boundary of its property. CESCO's position is that extending the sewer line to its eastern boundary is sufficient. Lot 2 of the Playground subdivisa.on already ha$ adequate, permanent sewer service that has been permitted and approved by the City of Meridian. In fact, in the Development Agreement Page - 2 April 1, 1997 between the City of Meridian and the Playground, Inc., the Playground agreed to extend Bewer lines to and along the exterior boundary of the entire Playground Subdivision. The City agreed that the Playground would extend and construct sewer line extensions to serve the Playground Subdivision and connect to City of Meridian sewer lines. Those sewer lines have already been constructed on Lots 2 and 3. There is no reason to extend another sewer line to property that already has adequate, approved service. CESCO has been provided with preliminary estimates by Masco, Inc. for the Five Mile Trunk Sewer Extension. Masco estimates that construction of the Extension will probably exceed $300,000. Masco estimates that extending the sewer Line from the eastern to the western boundary of the CESCO property will cost an additional $30,000. CESCO is investing approximately $80,000 to install extensive landscaping. If CESCO must extend the sewer line to its western boundary in five years, there may be a significant amount of damage to CESCO~s landscaping, sprinkler system, signage, asphalt and other utilities. We would suggest that CESCO has already made a sufficient Commitment to the City of Meridian by agreeing to extend the sewer line to its eastern boundary. It is not reasonable to require CESCO to construct an additional 465 feet of sewer line through extensive landscaping for the benefit of a private party that already has adequate sewer. We look forward to presenting this issue to the Gity Council tonight and completing the Partial Settlement Development Agreement. Sincerely, U"._ ~I John McCxeedy JCM/tg cc Wayne Crookston Shari Stiles Mark CanfiQld, CESCO Memo The ~ Couna~ CC: Mayor Currie BiN I~dtols Brad HavrkirarClaric Frome Steve Siddoway ~ir~r--- iD~ae 9/42 iii CESCO Comprorr~se RECEIVED SEP-6 3@ City Of Meridian City Clerk Office In an effort to resolve the ongoing issues with CESCO Mayor Come, Bill Nichols, and I met this morning to discuss the cawrent situation and our options for resohrtion. Following is a brief synopsis of the issue. Contracxor's Equipment Supply Company {CESCO) is an equipment supply/rental business that specializes in John Deere equipment. They are located at 2000 E. Overland Road and also have frontage along I-84. CESCO was issued a 30.day Temporary Certificate of Occupancy on December 18, 199. Since that time, they have been occupying the structure without a Certificate of Occupancy (C.O.). The main reason that they have not been issued a C.O. is because then landscape buffer along Overland Road is out of compliance with their approved plans. Specifically, they are required by their Plat, Conditional Use Permit (CUP), and Development Agreement (D.A.) to have a 35-foot wide landscape buffer along Overland Road. The CUP also requires 11 trees in the buffer. What they currently have is a grass strip that varies in width from 19 feet to 24 feet, followed by an 11- foot wide gravel access drive with three vehicle display pads beyond the gravel. Behind the display pads is additional grass and Landscaping. Correspondence and meetings have ensued on a regular basis since 1998 without much resolution. We currently see three possible positions the City could take on this issue: 1. We can require that CESCO either move the gravvel acrd display pads behind the 35-foot landscape buffer and plant the required trees or submit applications to the City for a revised plat, CUP, and D.A_ (Note: this is the stance we have had to date). 2. We can simply accept that what they have is good enough and issue the C.O. (Note: This feels too much like asell-out). We can offer a compromise where we allow the display pads and gravel access drive to remain as-built, but require the 11 trees to be planted in the grass area in front of the display pads and require the grass to be extended, if necessary, to meet the back of sidewalk when the Overland Road widening project is done next year. (Note: Due to the way the grass is bermed, the gravel area is not visible from car-level along Overland Road and is not seen by the general traveling public. So, shifting the graveUdisplay pads back a few feet will not gain much, visually speaking.) It was the general consensus of our meeting, that we would proceed with option 3 unless directed otherwise by Council. We feel that we could allow the compromise without damaging the ordinance for the following reasons: • If the CESCO project was to be proposed today, they would be required to provide a 25- foot buffer, not a 35-foot buffer, per the new Comprehensive Plan. Anyone building next to CESCO will be required to have a 25-foot buffer. • When the project was approved, the landscape ordinance did not prohibit gravel as a groundcover. (Current ordinance will prohibit gravel mulch on future projects). • There is not a public safety issue at stake with the compromise and the public would be benefited little if we "stick to our guns" to force full compliance. Therefore, we intend to offer the compromise to CESCO in the coming weeks, unless a member of the Council feels that we should do otherwise. If anyone desires to discuss this issue in further detail, please notify the Mayor by 9/10 and he will place it on aPre-Council agenda. Otherwise, we will move forward with the compromise. Confidentiality Notice: This memo may contain confidential and privileged information exempt from disclosure under applicable law. if you have received this message by mistake, please notify us immediately by telephoning us at 8845533, and do clot review, disclose, copy, or disbibute it. Thank you. Page 1 of 1 Sharon Smith From: Sharon Smith [smiths@ci.meridian.id.us] on behalf of Sharon Smith Sent: Thursday, June 13, 2002 9:26 AM To: Bruce Freckleton (E-mail) Subject: FW: CESCO (guess I had your email wrong in my address book -sorry. Corrected now.) Did the original DA for the Playground apply to the CESCO property, since CESCO piece was sold by those owners? 1 found that & made copies -will also send to you if it applies. Sharo~w -----Original Message----- From: Sharon Smith [mailto:smiths@ci.meridian.id.us]On Behalf Of Sharon Smith Sent: Wednesday, June 12, 2002 4:53 PM To: Bruce Freckleton (E-mail) Cc: Will Berg Subject: FW: CESCO And reading April 1, 1997 minutes again, John McCreedy prepared that Development agreement & he brought it to the April 1, 1997 meeting with CESCO's signatures, ready for Council to sign. Wayne did not prepare it - he was instructed to complete it along with the variance application. I will look at where the variance left off tomorrow. Sharo-w -----Original Message----- From: Sharon Smith [mailto:smiths@ci.meridian.id.us]On Behalf Of Sharon Smith Sent: Wednesday, June 12, 2002 4:45 PM To: Bruce Freckleton (E-mail) Subject: CESCO We are digging up all the good stuff on this: The CUP findings indicate that if they are NOT agreeable to entering into a DA or amended DA, that the CUP shall not be approved. April 1, 1997 minutes have them applying for a variance (to allow them to NOT extend the sewer past their property) & Wayne Crookston finishing this DA. I am still hunting -- I will have your copies tomorrow. STlarow 6/13/02 ** TX CONFIRMATION REPORT ** AS OF JUN 13 '02 08 58 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 01 06113 08 58 208 383 9516 MODE MINiSEC PGS CMD# STATUS EC--S 00'37" 002 253 OK MAYOR '~' ~ . - LEGAL DEPARTMENT Robcrl D. Corrir ~ ~ ~' - (2l/R) 2RR-2a99 •Fax 2ltR-2501 G ct7w ur• ° '~~ ~ P CITY COUNCIL Mr.MBF:RS 1 . '=+-= - '~`: j ARKS & RECREATION (208 888.3579 • F,vt 898-5501 Tammy JeWccrd eri~tcn ~ `" PUDUC WORKS William L. M. Nagy IUn110 j (208) 898.5500 •Fax 887-1297 Chcric McCandlrss '' //% AUILnIrIG nrrPARTnnEN~r tt18 8 ~ Keith Bird Y ( ) 57-3211 • I ax 887-1297 PLANNING AND ZONING (208) 884.5533 •Fax 888-G$Sa June 13, 2002 Mr. John C. McCreedy Naylor, Hales 8t McCreedy, P.C. 1199 N. Shoreline Lane, Ste. 200 P.O. Box 9496 Boise, Idaho 83707 VIA FACSIMILE -Original will not follow Re: Request for Records - CESCO CUP Mr. McCreedy, I have compiled the information requested on the above project as per your June 12, 2002 facsimile. The minutes and findings total forty-seven (47) pages. Your total due including tax is 64.94. Upon receipt of the copy charge, 1 will mail this information to your office or make it available for pick up. Please feel free to contact our office if you have any questions or need further information. Sincerely, s~~,~.-~ Sharon Smith Deputy City Clerk cc: Research Request file 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888.4433 •Fax (208) 887.4813 • Ciry Clark OClice Fax (208) 888-4218 Nutnan Resources Fax (208) 884.8723 ~UN.12 2002 3:18PM NAYLOR HALES&MCCREEDY Naylor, Hales ~ McCreedy, P.C. Attorneys at Law 1199 N. Shoreline Lane, Suite 200 P.O. Box 9496 Boise, Idaho 83707 Phone: (208) 383-9511 Fax: (208) 383-9516 facsimile transmittal Date: June 12, 2002 Time; To: Sharon Smith Fax No.: 88g-4218 Firm: City of Meridian Telephone No.: Re: Request for Records File No.: 6226 From: John C. McCreedy Pages: 2 (including cover) Document(s) being transmitted: L etter dated June 12, 2002. Remarks: High priority -Please Deliver Immediately Normal Processing ^ Confidential -For Addressee's Eyes Only ^ Please Call When Received ^ Hard Copy Will Follow by Mail If you did not receive all pages or transmission is unclear, please call Jenny at 383-9511. N0. 424 P. 1 Sent ey: Confidentia/i!y Statement: The information confiained in this facsimile message is attome infoormation intended only for the use ofthe individual or entity nam®d above. If you have re eiv®dithis oommunica~ontr'n error, please immediately notify us by fe/ephone to arrange for return of the original documents to our office. Thank you. JUN 12 '02 15 23 208 383 9516 PAGE. 01 NAYLOR HALES&MCCREEDY N0. 424 P. 2 NA,XLOR, H.A~LES & MCCR~a~~Dx, ~.C. A Arofasionctl Corporarion of Attorneys John C. McCreedy 1199 N. Shoreline Lane, Suite 200 Kirclan G. Naylor p.0. $ox 9496 Roger J. Hales Direct Line: 9472074 $oise, Idaho 83707 John C. McC~reedy ~mail• jcmQnaylorhales.com phone (208) 383-9511 Fax (208) 383.9516 Carlton R Ericson Ty A. Ketlinski Mark A. Kubinski Robert G. Hamlin, Cf Counsel June 12, 2002 ~a Fax To: (2OS) 888-4215 Sharon Smith Deputy City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Request for Records Dear Sharon: RECEIVED JUN 1 2 200'1 City Of Meridian City Clerk Oi~ce As we discussed, I am requesting a copy of the final Findings of Facts and Conclusions of Law adopted by the Meridian Ciry Council and/or Meridian planning and Zoning Commission for the conditional use pertnit application submitted by Contractors Equipment Supply Company (CESCO). I believe the findings and conclusions would have been adopted in late I996 or early 1997. I am also requesting a copy of the minutes from the City Council's meeting conducted on Apri11,1997. 1 am interested in the portion of the minutes discussing CESCO's conditional use pernut application. If possible, I would appreciate you faxing me these documents. Thank you for yow assistance. 'reedy JCM:js cc. Client M.\Gencral ReUresentstionlClients A to M\CESCOV.cacrs\6226 Sharon Smith 0[.wpd JUN 12 '02 15 23 208 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless .. i"~~ ~~> A CITY OF 14 i~' ~~. erl~tcn ~ ~ ~, IDAHO j tiFce~ T y LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 Keith Bud R•[a.T~Vnu~~,NCe PLANNING AND ZONING ieo3 (208) 884-5533 • Fax 888-6854 June 13, 2002 Mr. John C. McCreedy Naylor, Hales &McCreedy, P.C. 1199 N. Shoreline Lane, Ste. 200 P.O. Box 9496 Boise, Idaho 83707 V/A FACSIMILE -Original will not follow Re: Request for Records - CESCO CUP Mr. McCreedy, I have compiled the information requested on the above project as per your June 12, 2002 facsimile. The minutes and findings total forty-seven (47) pages. Your total due including tax is $4.94. Upon receipt of the copy charge, I will mail this information to your office or make it available for pick up. Please feel free to contact our office if you have any questions or need further information. Sincerely, Sharon Smith Deputy City Clerk cc: Research Request file 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 CITY OF MERIDIAN 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 FAX (208) 888-4218 RESEARCH REQUEST FOR PUBLIC INFORMATION Name: ~~'^ - C . }~C n/~Q Date: /~ 12 _DZ (~ Phone: ~~ ~ . ~ ~I l Time: 2 c Description: C~~c~ G~ ~~~~~ ~s ~n d-~~5s Results/Findings: `~z ~ ~G .~~cL ~ -~~+s . ~ ~ ~~ REQUESTOR'S SIGNATURE: n d ~ ~~Gtel~ ~~~ # of pages: / ~, ~ ~ ~ ~ ~1 ~ '~' ~~X - ~ Date Finished: / ? LP ~~J~ ~ Staff providing information: ~a ram ~~-~u =~Gv Time required: 2 !~-rs . Staff Comments: Will Berg From: Bill Nichols [wfn rLDwhitepeterson.COM] Sent: Tuesday, May 21, 2002 1:38 PM To: 'Sharon Smith'; Bruce Freckleton (E-mail); Bill Nichols Cc: Will Berg; Marlene St.George Subject: RE: CESCO Development Agreement Regardless whether the document is recorded, it is still enforceable against CESCO. Bruce Freckleton had pointed out that the agreement contained a clause that said that it was not effective until approved by the Council and signed by the Mayor. With the Council's approval and the Mayor's signature, even though we may not be able to find the original with Canfield's signature, the agreement is still valid. Recording the document merely encumbers the property. Failure to record should not affect validity. Bruce wanted to make sure that the agreement was approved before he sent a demand to Canfield to force CESCO to hookup to the Five Mile Sewer extension and pay the appropriate latecomer fee to Voigt. I suggest that we do nothing for now. We certainly do not want to ask Canfield for another signature lest he reneg on the agreement. Let's wait to see if CESCO complies with Bruce's demand. At this point I do not want to give CESCO any reason to deny the agreement it made years ago. Please treat this email reply as confidential and subject to attorney client privilege. -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Tuesday, May 21, 2002 11:44 AM To: Bruce Freckleton (E-mail); Bill Nichols (E-mail) Cc: Will Berg; Marlene St. George (E-mail) Subject: CESCO Development Agreement Ada County Recorders Office would not record this document as one of the signatures was not original. Next Step? I await your direction. Sharon 1 Page 1 of 1 Sharon Smith From: Sharon Smith [smiths@ci.meridian.id.us) on behalf of Sharon Smith Sent: Thursday, May 02, 2002 3:26 PM To: Bruce Freckleton (E-mail) Subject: CESCO I found a ale labeled Wright Bros / CESCO, including minutes from May 16, 1995. during that meeting they were granted permission for a temp septic system, requiring they pay for their w/s hooku ,enter into a latercomers agreement & Dev. agreement. No agreement so far. I will probably have to wait for Will to get back w/his keys to look in the fire file in safe across am finding_nothing about it on the computer~mir}tttes-~-agendas). I did put it on the agenda & we will work on it. Sha-ro-w 5/2/02 ORIGINAL PARTIAL AMENDED DEVELOPMENT AGREEMENT THIS AMENDED DEVELOPMENT AGREEMENT is made and entered into this ~~ ~~~ day of April, 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY",.and CONTRACTORS EQUIPMENT SUPPLY COMPANY, INC., an Idaho corporation, party of the second part, hereinafter called "CESCO", whose address is 2049 Commerce Avenue, Boise, Idaho 83705. RECITALS WHEREAe, CESCO is the owner of Lot 1, Block 1 of the Playground Subdivision, City of Meridian, County of Ada, Idaho, as recorded as Instrument No. 96045393 in Book 71, at pages 7318 and 7319, records of Ada County, Idaho, hereinafter called "the Property"; and WHEREAS, the legislature of the State of Idaho has adopted Idaho Code § 67-6511A, which provides that cities may enter into development agreements with developers upon rezoning of land and that cities may modify development agreements; and WHEREAS, Section 2-417D of the Zoning Ordinance of the CITY of Meridian authorizes the CITY to enter into development agreements upon annexation and rezoning of land, and authorizes the CITY to modify a development agreement; and WHEREAS, pursuant to Ordinance No. 615 dated September 7, 1993 and Amended Ordinance No. 615 dated December 6, 1994, the CITY annexed the Property and provided it with a zoning designation of C-G; and PARTIAL AMENDED DEVELOPMENT AGREEMENT - 1 NOV 05 '0t 10 46 ~H8 >29 0A8~ PAGE.~J2 WHEREAS, on October 13, 1994, the Playground, Inc., the prior owner of the Property, entered into a Development Agreement with the CITY; and WHEREAS, on January 16, 1996, the CITY approved a preliminary and final plat for the Playground Subdivision; and WHEREAS, on August 13, 1996, CESCO submitted to the CITY an application for a conditional use permit for the Property requesting permission to construct and operate a John Deere dealership providing sales, service and parts for John Deere products; and WHEREAS, CESCO has made representations at public hearings and meetings before the Meridian Planning & Zoning Commission and Meridian City Council as to how the Property would be developed and what improvements would be made; and RHEREAB, the CITY has authority to place conditions and restrictions upon the conditional use permit for the Property; and WHEREAS, CESCO, as sole owner of the Property, has submitted to the CITY plans showing how the Property will be landscaped, bermed, lighted, access provided, elevations, and other matters, which plans have been reviewed and approved by the CITY; and WHEREAS, the CITY has adopted and approved Findings of Facts and Conclusions of Law requiring that as a condition of approval CESCO enter into a Partial Amended Development Agreement with the CITY; and PARTIAL AMENDED DEVELOPMENT AGREEMENT - 2 NOV 05 '01 10 47 208 529 0882 ~AGE.~13 ftHEREAe, CESCO deems it to be in its best interest to enter into this Agreement and acknowledges that this Agreement is entered into voluntarily. NOW, THEREFORE, IT I8 HEREBY AGREED A8 FOLLOWS; 1• The above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this Agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. This Amended Development Agreement modifies, amends, and supersedes the Development Agreement entered into between the CITY and the Playground, Inc. dated October 13, 1994, as it relates to Lot 1 of the Playground Subdivision. This Amended Development Agreement does not amend, supersede, or modify in any manner the Development Agreement between the CITY and the Playground, Inc. dated October 13, 1994 as it relates to Lots 2 and 3 of the Playground Subdivision. 3. CESCO, in accordance with its representations before the CITY, shall develop and construct on the Property a John Deere dealership providing sales, service and parts for John Deere products. 4. CESCO will, within thirty (30) days of the date of this Agreement, file with the CITY Engineer a complete set of Improvement Plans showing all streets, entry drives entering the Property from a public right-of-way, utilities, a pressurized irrigation system for all landscaped areas, fire hydrants, extension of a temporary sewer line to the building to be located on the Property, extension of a water line to the furthest point PARTIAL AMENDED DEVELOPMENT AGREEMENT - 3 NOV 05 '01 10'47 208 529 0882 a~GE.Oa from entry into the Property, landscaping, drainage, signage, barricades, and other such improvements contemplated within the development. The Improvement Plans shall meet the approval of the City Engineer in accordance with this Agreement, the Findings of Fact and Conclusions of Law approving CESCO'S conditional use permit application, and the CITY's Ordinances in effect at the time. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference. 5. CESCO will, at its own expense, construct and install all sanitary sewers, storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, a pressurized irrigation system for all landscaped areas, electrical transmission lines, natural gas lines, telephone lines, cross drains, streets, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and eventually approved by the CITY. Provided, however, nothing in this Agreement shall affect in any manner the use of funds already deposited with the Ada County Highway District by CESCO or any other party for the purpose of constructing curbs, gutters, and sidewalks for the Property. 6. CESCO will construct and install all such improvements in accordance with the approved Improvement Plans, and the CITY Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed in writing between CESCO and the CITY. PARTIAL AMENDED DEVELOPMENT AGREEMENT - Q NOV 05 '01 t0~47 208 529 0882 aAGE.©~ ~. CESCO will provide the CITY Engineer with at -least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements it intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the CITY Engineer. 8. CESCO will have "corrected" original drawings of the Improvement Plans prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The corrected Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 9. CESCO shall, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. lo. CESCO agrees, upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said PARTIAL AMENDED DEVELOPMENT AGREEMENT - 5 NOV 05 '01 t0~a© 20© 52~ 0©02 PAGE.06 improvements, or the improvements or requirements contained in Exhibit A, need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, CESCO will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if CESCO does not so construct within a reasonable time after written notification .of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, then CESCO will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho plus five percent (5~) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with CESCO. Provided, however, the City Council shall not make the Finding except at a regular or special meeting of the City Council, duly held, and unless CESCO has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed Finding. 11. CESCO agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within CESCO~s land, or condition issuance of the Certificate of Occupancy upon complete performance of the requirements herein specified, or shall have the right to PARTIAL AMENDED DEVELOPMEN'T' AGREEMENT - 6 N(1V ~S ' R l 1 a ~ G8 ?G1R ~~9 GiRR2 PAf;F A7 withhold the providing of culinary water service or terminate such culinary water service to any part, parcel, or portion of such land until such time as all requirements specified in this Agreement have been complied with; provided, however, that CESCO shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld, conditioned or terminated, for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said Property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity, including, but not limited to, the right of appeal to a court of competent jurisdiction. 12. CESCO agrees that no Certificates of Occupancy will be issued until all improvements as listed on Exhibit "A" are completed, unless the CITX and CESCO have entered into an addendum to this Agreement stating when the improvements will be completed. Provided, however, CESCO shall not be required to construct the Five Mile. Trunk Sewer Extension prior to issuance of a Certificate of Occupancy. 13. CESCO agrees, in recognition of the unique and peculiar circumstances relative to this development, to perform the special conditions set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around construction areas to contain debris prior PARTIAL AMENDED DEVELOPMENT AGREEMENT - 7 NOV 05 'O1 t0~ne 208 529 0882 ~AGE.08 to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 14. CESCO agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY OF MERIDIAN: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 CESCO: Mark Canfield CESCO 2049 Commerce Avenue Boise, ID 83705 with copy to: Wayne G. Crookston, Jr. Ambrose, Fitzgerald & C~ P.O. BoX 427 Meridian, ID 83680 A party shall have the right to the other party a written John McCreedy ~ookston Jim Jones & Associates 1275 Shoreline Lane Boise, ID 83702 to change its address by delivering notification in accordance with the requirements of this Section.- The .parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. . 15. CESCO agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. PARTIAL AMENDED DEVELOPMENT AGREEMENT - 8 NOV 05 '0t t8~49 X08 529 088? oA(;F,Eq 16. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon CESCO'S heirs, successors and assigns. 17. This Agreement shall become valid and binding only upon its approval by the City Council and execution by the Mayor and city Clerk. ' 18. CESCO agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Partial Amended Development Agreement, the Ordinances of the City of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. DATED the day, month and year first appearing. CESCO BY: AN IELD, PR ~ NT C;/TY OF MERIDIAN BY: \ \``~y`~O~ i i~~~~O//,/',''' ~-tcvts C:K'!y u . CORRI E, MAYOR _~ _' ~~~.~ ~ ~ SEAL = WILLIAM G. BERG, JR. C y Clerk ' '~ 1~°' O \\; 9p Gsr ~s~ . •r ~~. ~~~~~n~ir~+i ni~~~`~~~ PARTIAL AMENDED DEVELOPMENT AGREEMENT - 9 NOV OS '01 10 49 208 529 0882 PAGE. 117 STATE OF IDAHO ) County of Ada ) ss. On the S day of April, 1997, before me, the undersi a Notary Public in and for the State of Idaho fined, appeared MARK CANFIELD, known ~r identified to fie personally President of Contractors Equipment Su 1 tO be the corporation whose name is subscribed to theyforegoing instrument, and acknowledged to fie ~ the capacity, that he executed the same in such IN WITNESS WHEREOF, I have hereunto set m my official seal on the day and year in thisycertificateffixed above written. first (Seal) Notary Public f I o Residing at ;~~1 My commission 'e xpires: i STATE OF IDAHO County of Ada ) ss. ,~„> ) On the ~ day of ~~ i 2CA2 a Notary Public in and for t=he~~state r of e' the undersigned, appeared ROBERT D. CORRIE and WILLIAM G Idaho, personally identified to me to be the Mayor and City Clerk, Bespectkveln or the City of Meridian and the persons who executed the foregoinf instrument and acknowledged to me that said Cit executed the same, 9 y of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above wz'itten. pN S ~.~.~ J • ~/~ l~~ ~ ' "~ I' ~+~,'~i., Notary Public or I aho_ may' ~~:~~': ~ ; Residing at (Seal) ; ~ ~' ' ! My commission expires: ` ~ ~ • .... • PARTIAL AMENDED DEVELOPMENT AGREEMENT - 10 NOV 85 '01 10~4~ ~G3E3 <<''~ ~3E)~ ~,~ - 't +l ;1 1 EXHIBIT "A" TO THE PARTIAL AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND CONTRACTORB EQOIPHENT B~PPLY COMPANY, INC. 1. CESCO agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, .Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter "ACHD"), Central District Health Department and the Nampa-Meridian Irrigation District. 2. CESCO shall extend and construct water and sewer line extensions to serve the Property and connect to CITY water and sewer lines in the following manner: CESCO shall be allowed to connect to and use the existing sewer line extensions that exist on Lots 2 and 3 of the Playground Subdivision for at least a period of five (5) years from the date of issuance of the building permit. In the event that the Five Mile Trunk Sewer Extension is not constructed by CESCO or another party within said five (5) year period, CESCO shall, individually or in cooperation and agreement with other landowners and/or developers whose land would be served by the Five Mile Trunk Sewer Extension, construct the Five Mile Trunk Sewer Extension to the Property; the distance and size of the Five Mile Trunk Sewer Extension is shown and described on Exhibit S which is attached hereto and incorporated herein as if set forth in full.. CESCO shall be allowed to enter into Late Comers Agreement(s) with the City in accordance with the sewer ordinance in effect at the time for the purpose of recovering the costs of construction of the Five Mile Trunk Sewer Extension. paid by CESCO. If the Five Mile EXHIBIT A - p. 1 NOV 85 ' e t t e ~ S0 20© 523 0E3~~ WAGE .: Trunk Sewer Extension is not constructed within five (5) years, CESCO shall be allowed to continue to use the existing sewer service for an additional two (2) year period during which time it shall complete construction of the Five Mile Trunk Sewer Extension to the Property and connect to that extension. Provided, however, CESCO shall connect to the Five Mile Trunk ~- Sewer Extension as soon as it becomes available, but not later than seven (7) years from the date of this Agreement. The Improvement Plans required by this Amended Development Agreement shall not be required to include the Five Mile Trunk Sewer Extension; provided, however, in the event CESCO is required to construct the Five Mile Trunk Sewer Extension to the Property, it shall submit and obtain the CITY'S approval of plans and specifications for that extension. CESCO shall not be responsible for obtaining any easements, permits, or other authorizations from any private or public entity necessary to construct the Five Mile Trunk Sewer Extension. 3. CESCO shall pave the entrance driveway and parking lot within the Property and other areas the City desires to be paved. Provided, however, CESCO shall only be required to gravel the rear portions of the facility where heavy equipment will be parked or transported. 4. CESCO shall construct sidewalks and deposit amounts required by the Ada County Highway District into the Public Rights-of-Way Trust Fund for the construction of curbs and gutters along Overland. Provided, however, nothing in this Agreement shall affect in any manner the use of funds already EXHIBIT A - p. 2 NOV 05 '01 t0~50 208 529 0882 pc~GE.t3 deposited with the Ada County Highway District by CESCO or any other party for the purpose of constructing curbs, gutters, and sidewalks for the Property. 5. CESCO shall provide landscaping as depicted on approved plans prior to obtaining a Certificate of Occupancy. Failure to provide and maintain landscaping may result in revocation of the Certificate of Occupancy. 6. CESCO shall construct, pave and stripe all parking areas and walkways in accordance with CITY standards, including the requirements of the Americans with Disabilities Act (ADA). ~. cESCO shall design buildings to be accessible to the handicapped in accordance with the ADA. 8. In accordance with paragraphs 11 and 12 of this Agreement, the City shall issue to CESCO a Certificate of Occupancy following the City's completion of a fire inspection, building inspection, and electrical inspection, and CESCO's satisfaction of the require-ments of this Agreement and all other applicable requirements for issuance of a Certificate of Occupancy. EXHIBIT A - p, 3 NOIJ 05 '01 t0~50 208 529 0882 pAGE.14 EXHIBIT B r~OV 05 ' 01 10 51 208 529 0882 ~Ar,E .: ~oUliU28 r :..~ .. .. ^.:;iJK:..,.R DEVELOPMENT AGREEMENT ~ 0 i c, ~ ~ D . m~~ ~~ THIS AGREEMENT, made and entered into this 13th day of Octt~r~ ~~94~ by~d~ 2 i (:.,~ between the CITY OF MERIDIAN, a municipal corporation of the State ofFI~lann,_~art~of- first part, hereinafter called the "City", and THE PLAYGROUND, INC., an Idaho corporation, party of the second part, hereinafter called the "Developer", whose address is 4098 North Jullion, Boise, Idaho 83704. WITNESSETH: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A', which is attached hereto and by this referenced incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the City has passed development ordinance 11-2-417D, which authorizes development agreements upon the annexation and rezoning of land; and WHEREAS, the Developer has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and has requested zoning of C-G; and WHEREAS, the Developer desires to make certain commitments regarding the development of the land and certain improvements to be made thereto; and DEVELOPMENT AGREEMENT-1 MM&C 1571.02 10/07/94 ,' 1. WHEREAS, the City has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, Developer deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the Developer, as sole owner. of the land, has made request to the City to have the land annexed to the City and, as part of the annexation proceedings, the City has adopted and approved Finds of Fact and Conclusions of Law; and WHEREAS, the Finds of Fact and Conclusions of Law required that the Developer enter into a Development Agreement; and WHEREAS, the City, in the Findings of Fact and Conclusions of Law, annexed the property subject to de-annexation if the Developer did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Developer agrees, and hereby binds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That Developer will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of Improvement Plans showing all streets, entry drives entering the property from Overland Road, utilities, pressurized irrigation facilities, fire hydrants, extension of sewer lines to and along the exterior boundary of such property, tiling and extension of water through the Hunter Lateral, extension of domestic water to the DEVELOPMENT AGREEMENT-2 MM&C 1571.02 10/07/94 easternmost boundary of the property in phases unless development occurs to the east (in which case service will be provided immediately), drainage, and other similar signage and barricades, and other such improvements contemplated within the development, which Plans and all. improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 3. That Developer will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, .water mains and appurtenances, fire hydrants, curbs and gutters, sidewalks, pressurized irrigation system, the the Hunter Lateral, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. 4. That Developer will construct and install all such improvements in strict accordance with the approved Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between Developer and the City. 5. That Developer will provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 6. That Developer will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the DEVELOPMENT AGREEMENT - 3 MM&C 1571.02 10/07/94 ' __ (-- l: City with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual service lines, the curb and gutter alignment and grades, etc. The corrected Improvement Plans .shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 7. That Developer shall, immediately upon completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 8. That Developer agrees, upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the City, the Developer will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the City thereafter determines to construct, and does construct such improvement, or improvements, the Developer will pay to the City the DEVELOPMENT AGREEMENT-4 MM&C 1571.02 10/07/94 t~ cost of such construction, in such manner and under such terms as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed .finding. 9. That Developer agrees .that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been timely complied with, that the City shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the Developer shall have the right to appear before the Ciry Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved by law and equity. 10. .Developer agrees that, in the event any of the improvements or payments required herein are not timely installed or paid, the City may, at its sole option, within ten (10) days written notice to Developer, install the improvements and declare the entire cost of said improvements or unpaid balance to be immediately due and payable and may seek to collect such DEVELOPMENT AGREEMENT - 5 MM&C 1571.02 10/07/94 sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of any such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per. annum, until paid. Provided, however, the City Council shall not make the finding set forth in this Paragraph except at a regular or special meeting of the City Council and unless the Developer has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. 11. That Developer agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, the for Hunter Lateral, streets, curbs, gutters, sidewalks, landscaping and berming. In the event of Developer's failure to complete such installation, the City may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the Developer, the City will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The City shall also execute and deliver a partial release of the lien created herein for the installation of curbs and gutters upon Developer's deposit of monies required by the Ada County Highway District into the Public Rights-of--Way Trust Fund. DEVELOPMENT AGREEMENT-6 MM&C 1571.02 10/07/94 r The City further agrees that, upon request of Developer, the City will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to Developer for the sole: purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in wr7ting that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The City may also require .surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606C of the Revised and Compiled Ordinances of the City of Meridian, to insure the installation of the improvements, and the Developer agrees to provide such, if required by the Ciry. 12. That Developer agrees that those portions of the water main or the sanitary sewer line, for which the City has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by Developer and located within the vicinity of the subject development, that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for Developer's purposes, and the impractability or impossibility of constructing such excess capacity and/or improvements DEVELOPMENT AGREEMENT - 7 MM&C 1571.02 10/07/94 separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to enter into a late comer agreement to reimburse Developer for a portion of the costs for such excess capacity. Developer agrees to obtain three independent bona fide. bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the City prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City may possibly enter into a late comers agreement. The City's obligation to enter into a late comers agreement to help Developer pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by Developer to perform the work. 13. That Developer agrees that no Certificates of Occupancy will be issued until all improvements, other than curbs and gutters, are completed and monies have been deposited in the Public Rights-of-Way Trust Fund for completion of curbs and gutters, unless the City and the Developer have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or, if required, monies have not been deposited in the Public Rights-of--Way Trust Fund for their completion. 14. That Developer agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof. DEVELOPMENT AGREEMENT-8 MM&C 1571.02 10/07/94 /~ r' 15. That Developer agrees that any notice required by this Agreement shall be given at the following address: City of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Developer: The Playground, Inc. .4098 North Jullion Way Boise, Idaho 83704 16. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's Office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon Developer's heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City council and execution by the Mayor and City Clerk. 19. That Developer agrees to abide by all ordinances of the City of Meridian and the property shall be subject to de-annexation if the owner or its assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. Dated the date, month and year first appearing. CITY DEVELOPER By~ P By: ~ Grant P. Kingsford, M or President ~ -rur~ll By: ~~-~~ William G. Berg, Jr., (rbn\1571.02\ngmts\develop.b3) DEVELOPMENT AGREEMENT-9 MM&C 1571.02 10/07/94 C: J FO -~`3.~sj' .t "; '9 ~~,~ ,~~ Q ~~htr~ii r~tt~+~~~~ i ~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~ day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ,moo ~~~~~~ -$~ _~ /" ~ ~,~known, or proved to me, to the President and Secretary of The Playground, Inc. that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,,, , - Notary Public - : _. Residingat~p /J~ - - My commission expires l •a~ . ~~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this /q day of (~c.~d 6Pr 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Grant P. Kingsford and William G. Berg. Jr. known, or proved to me, to the Mayor and City Clerk of City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~a ItlUlti ,,,~ F ~~ .~ e . ~j .- L . ~ r. ~ ~~'~.A=~0.aq~ ~ ^J~ J ' ~ ~~~ , ~ - . ~ . -s n R~ DEVELOPMENT AGREEMENT '~0 ~° "~° .`'',~'' ~ L` //IIIIIL'• MM&C 1571.02 10/07/94 ---- at ~i;'~1 nission expires Q DCHlBIT "A" A parcel of land being a portion of the SW ; SW of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.lE., B.M., Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence, N.0°0007"E. 462.55 feet along the west line of said SW ~ of Section 17; thence, N.89°3658"E. 893.00 feet; thence N.0°0323"W. 585.36 feet to a point of curve on the south right-of-way of I-84; thence along a curve to the left 435.18 feet, said curve having a delta of 2 °34 ~ 53", a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N.87°4404"E. to a point of ending of curve; thence leaving said right-of-way, S.0°0323"E. 1062.19 feet along the east line of said SW SW ; to the SE corner of said SW ; SW 4 of Section 17; thence, S.89°3658"W. 1328.30 feet to the REAL POINT OF BEGINNING. r• EDIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN IDAHO AND THE PLAYGROUND INC. This development includes the following: 1. A recreational vehicle park, campground, and facility for tents and travel vehicles containing not more than one hundred twenty (120) spaces for parking of travel trailers, motor homes, campers,. and similar travel vehicles. 2. A golf and driving range and facilities for golf, including putting greens, sand areas, facilities for short and intermediate range golf practice, miniature golf, and other similar golf facilities. 3. Other similar sports park facilities or sports training facilities such as batting areas, and practice play areas for tennis, soccer and other outdoor or field sports. 4. A playground, a snack bar, an arcade, a game room, and a small convenience store primarily serving customers of the recreational vehicle park or recreational facilities located on the land. 5. Any related necessary or ancillary facilities for any of the above uses, including equipment storage sheds, other support or maintenance buildings, and other buildings necessary for operating facilities to be constructed on the land. Developer shall: 1. Tile the Hunter Lateral prior to receiving a Certificate of Occupancy for Phase II of the development, or March 1995, whichever occurs first. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. Water line extension must be through the Hunter Lateral prior to obtaining a building permit. Water line extension to the easternmost boundary of property must be completed by fall 1995 or when .development of adjacent property occurs, whichever is earliest. 3. Construct paved streets within the property. 4. Dedicate the necessary land from the centerlines of Locust Grove Road and Overland Road for public right-of--way; construct sidewalks and deposit amounts required by Ada County Highway District into the Public Rights-of--Way Trust Fund for the construction of curbs and gutters along Overland and Locust Grove Roads. ~, 5. Pay any development fee or transfer fee adopted by the City. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City. 7. Provide pressurized irrigation within the development and provide evidence of approvals from appropriate irrigation district/canal company and downstream water users prior to application for an occupancy permit for Phases II or III. 8. Provide landscaping as depicted on approved plans prior to obtaining a Certificate of Occupancy. Failure to provide and maintain landscaping may result in revocation of Certificate of Occupancy. 9. Construct, pave and stripe all parking areas and walkways in accordance with City standards, including requirements of Americans with Disabilities (ADA). 10. Design buildings to be accessible to the handicapped in accordance with ADA. i ME~TORANDUM OF AGREEM.EE~1T :~ ~.c~ ~ ~ ~ ~ r~t~.. This Agreement entered into this day of , 19 2,. bX and between 1-, an 2-, hereinafter referred to as 3-~, and /~~c?~'/G7~~~~~ a municipal corporation, hereinafter referred to as the "CITY"; WHEREAS, 3- is the owner of certain real estate located at 4-, County of Ada, Idaho, and described as follows: 5- WHEREAS, the CITY intends to serve the above described p ope_}ty with wet-line sewers to be installed and connected to the ~~P'/~/Gf ~a'~l Metropolitan Sewage Treatment Facilities; and WHEREAS, the pertinent provisions of the Policy Plan for the ~=~-Metropolitan Area require that after January 1, 1979, all new development at densities requiring sewers within the Urban Service Planning Area will be on wet-line sewers; and WHEREAS, the above described property owned by 3- is located within the Urban Service Planning Area and 3- intends to develop same at dense les requiring sewers in accordance with the Policy Plan. for ~.~c Metropolitan Area; and WHEREAS, 3- desires to commence construction prior to such time as wet-line sewers will be available to the subject property, which construction may be pe ~ ted under certain exceptions to the Vii'/~I'i~~~~ CITY's Policy Plan for the ~e}se Metropolitan Area provided certain stipulated conditions are met; i~ f NOW, THEREFORE, in consideration of mutual covenants and consideration hereinafter contained, the parties agree as follows: 1. 3- shall be allowed to construct a 6- on 7- property located at 4-, County of Ada, State of Idaho, prior to the availability of wet-line sewers to be installed to the 3- premises, and in accordance with certain~. /~~YG~"/~c.-> exceptions to goal C-4 of the Policy Plan for the -B~ci-s~t Metropolitan Area provided that 3- complies with certain exceptions enumerated below, and subject to compliance with any and all planning, zoning, building, and design restrictions imposed upon the premises and contemplated construction by the CITY. 2. 3- understands and agrees that the building plans submitted, or to be submitted, for the improvements on the above described property shall be a 6-, and also understands that wet-line sewers are not available to the premises, and that alternative methods available for disposing of sewage effluent shall be approved by Central District Health Department. 3. 3- agrees to connect the proposed structure and existing and future facilities on the above described property to the CITY's wet-line sewers as soon as such sewer trunk lines are installed by the CITY to within the immediate vicinity of the above described property and abandon the use of the on-site sewage disposal system. . 4. '-3- shall pay all normal and usual costs associated with i ~. 2 '- ~- assessment and connection to the CITY's sewer lines at such time as sewer becomes available. `~ 5. T e n of the Agreement by 3- shall be and construed as a request xation of 7- property herein legall escribed to the corpora 'mits of e City. 6. 3- makes the Agreement, not only on 7- own behalf, but on behalf of any successor entities which may acquire an interest in the property and proposed facilities, and in that extent, the Agreement shall be binding upon the heirs, assigns and successors, and 3- obligations shall extend to the real property involved and shall be appurtenant thereto. 7. Upon its completion, this Agreement shall be recorded at the Ada County Recorder's office, against the property herein legally described. 3 _ , IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. 8- 9- PUBLIC WORKS ADMINISTRATIVE MANAGER P_TTEST: CITY CLERK i 4 '~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 1991, before me, a notary public in and for said state, personally appeared known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing, at , Idaho Commission Expires STATE OF IDAHO ) ss. COUNTY OF ADA ) l On this day of 1991, before me, the undersigned, personally appeared ~5.7~ *;:. ~T and ASE ~"E863~E-3f-, Public Works Administrative Manager and City Clerk respectively of _____ ____, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1. Notary Public for Idaho Residing at , Idaho Commission Expires 5 MERIDIAN CITY COUNCIL MEETING: MAY 16.1995 APPLICANT WRIGHT BROTHERSICESCO ITEM NUMBER; 16 REQUEST; REQUEST FOR A TEMPORARY HOOK UP TO A SEPTIC SYSTEM AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAAAPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~d~~ ~~,~ ~"~y i~~ ,~~q ~~ ~ ~~~"° e .r ~~ ~~~ o-~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 1~ P.O. BOX 637 EAGLE, IDAHO 83616 (208) 939-0377 FAX (208) 939-0397 May 11, 1995 Ms. Shari Stiles Planning and Zoning Administrator City of Meridian 33 East Idaho Avenue Meridian, ID 83642 WRIGHT BROTHERS THE BUILDING COMPANY Re: Proposed New CESCO Building Facility - 2400 Overland Road Dear Shari, Pursuant to previous discussions, this letter shall request a hearing before the Meridian City Council on Tuesday, May 16th, to ask for a temporary waiver to an existing City Ordinance. We are requesting Council consideration to allow a commercial structure to be built on a tract of land, which, was recently annexed into the City of Meridian and zoned C-G by Ordinance No. 662. Section 2, paragraph a., of this Ordinance reads "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". Due to the unavailability of sewer facilities at the present time and the extraordinary cost of bringing these facilities to the site, we are requesting that a recorded agreement be entered into with the City. This agreement would allow CESCO to construct its building and hook into a septic system until such time as a wet line sewer is available. CESCO would be required to hook into the new line within a thirty or forty five day period after acceptance of the new sewer line by the City. I have previously submitted to the City a draft agreement, which, I think will address your concerns. The existing water facilities are presently located on Overland Road and will be extended to the proposed site by CESCO. Your favorable consideration of this request is appreciated. Ms. Shari Stiles May 11, 1995 Page 2 of 2 Please call me if I can answer any questions or if you need further information. Sincerely, Wright Brothers The Building Company ~-~ ~ Michael M. Vance c: Mark Canfield 4 ~ ' ~~~~ e...~p.r.. . ....., a ~ ..g.:,1l~x.,d'i.F. p~ ~, OFFICE USE ONLY CHECKLIST FOR SEVER RATING TECH?~'ICIAN FOR WET LINE WAIVER APPLICATIONS 1. IS A WET LL'vE WAIVER AGREEMENT BEING APPLIED FOR BECAUSE THE STRUCTURE WAS BUILT WITHIN THE SEWER PLAIv'NII`rG AREA? / ~'r/ ,~~ YES NO 2. IS A WET LINE SEWER CURRENTLY AVAILABLE? (CHECK WITH THE DESIGN GROUP) YES, SEWER CONNECTIO;v' REQUIRED . NO, GO TO QUESTION ~3 3. IS A DRY LINE AVAILABLE? (CHECK WITH THE DESIGN GROUP) YES, GO TO # 4 NO, GO TO #4 4. IS THE EXTEIv'SION OF WET LINE SEWER FINANCIALLY FEASIBLE FOR THE PROPERTY OWNER AND/OR THE CITY? (CHECK WITH THE DESIGN GROUP) YES, A WET LINE WAIVER IS NOT REQUIRED N'O, GO TO QUESTION #S 5. ESTIMATION OF WHEN A WET LINE SE«'ER WILL BE AVAILABLE (CHECK j~'TIZ-i THE DESIGN GROUP) ESI~LATED DATE SEWER WILL BE AVAILABLE? II~TFORMED APPLICANT OF THE ABOVE: By 6. SIGNED APPLICATION FOR A WET LII`'E WAIVER RECEIVED: DATE 7. THE SZ5.00 APPLICATION FEE HAS BEEN RECEIVED: CHECK # - CASH RECEIPT # 8. CHECK THE LEGAL DESCRIPTION FOR ACCURACY: -g0- ~~~ ~` , J ~; J> ~`~~ CONTRACTORS EQUIPMENT SUPPLY COMPANY (CESCO) CONDITIONAL USE PERMIT LOT 1, BLOCK 1, PLAYGROUND SUBDIVISION EAST OF LOCUST GROVE ON OVERLAND ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Mark Canfield, appearing and the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 16, 1996, 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 is located within the City of Meridian and is currently used as The Playground on East Overland Road; there is exposure to the Interstate; and the property described in FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 1 .BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ~> the application which description is incorporated herein; that the land is in a Mixed/Planned Use Development area as set forth in the Meridian Comprehensive Plan. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: LC-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; 5. That the Applicant is the owner of record of the property and has requested this Conditional Use Permit and the Application is not at the request of the City of Meridian. 6. That the property is currently being used as a golf driving range open for business form 8:00 until 10:00 p.m., seven days per week. 7. That the proposed use by the Applicant is to develop the property for a John Deere Dealership, providing sales, service, and parts for John Deere products; that the 10 acre site will house a 24,000 square foot commercial building; that the current number of employees at its present location in Boise is approximately 25; that the business hours will be from 8:00 a.m. to 5:00 p.m. , Monday through Friday, but the Applicant's representative stated there may FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 2 fr'... be possible occasional longer hours from 6:00 a.m. to no later than 7:00 p.m. 8. Applicant states that the same type of development is in the area with Western States Caterpillar, Arnold Equipment, and Meridian Ford located to the west of the proposed development and Transport Truck & Trailer proposing to develop to the east. 9. That the City Planning Director, Shari Stiles and the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: 1. That 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, or lateral users association, with written confirmation of said approval submitted to the public Works Department. 2. That any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except that wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Provide five foot (5') wide sidewalks in accordance with City Ordinance Section 11-9-606.B. ACHD will require deposit into their trust fund for future sidewalk construction on Overland Road. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 6. Bonding will be secured by any uncompleted improvements prior to temporary Certificate of Occupancy being secured. 7. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 3 policies. Fire hydrant locations shall be depicted on building plans. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. That the Applicant respond in writing to each of the comments, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. 10. That Bruce Freckleton and Shari Stiles submitted site specific comments and they are as follows: 1. Utility locations need to be included on the plan for approval by the Public Works Department. 2. Sanitary sewer service for this project doesn't exist at this time. Sewer service to this site shall be directed to the future Five Mile Creek Sewer trunk line extension. A sanitary restriction was placed on this lot during the platting process for The Playground Subdivision. A sewer service was temporarily installed for the small temporary building used as a part of the driving range. The Applicant has indicated a desire to temporarily sewer to this existing service, if physically possible. An easement from the adjacent property owner would need to be secured for this purpose. CESCO has verbally indicated they will pay their proportionate share for the proposed Five Mile Trunk Extension, as this parcel is included in that sewer drainage area in the City's Facilities and Comprehensive Pians. Details for this arrangement will need to be addressed in the development agreement, the recording of which must take place prior to issuance of a building permit. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept-the additional sanitary sewage generated by this proposed development. 3. Water service for this development shall be off of an extension of the existing 12" diameter main in Overland Road. The main must be extended to the eastern most property boundary line. The Applicant's engineer is to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north side of roadway centerline. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 4 4. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties as determined by the City of Meridian. 5. A development agreement was required as a condition of annexation. Although sales lots are a permitted use in the C-G zone, the annexation of The Playground was conditional and required a development agreement. CESCO has submitted this application to comply with the City's request and to permit amendment of the development agreement entered into between the City of Meridian and Michael and Sue Clark. Creation of an additional development agreement may be needed for this parcel's use if it cannot be amended through the existing document. 6. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. The landscaping proposed appears to exceed those requirements. Trees along Overland Road shall be three-inch (3") caliper minimum. The landscaping plan shown is not to be changed from that shown without written approval of the Planning & Zoning Department. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35 foot landscape setback is required on Overland Road and Interstate I-84. 7. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. 8. ACHD has approved a driveway access 9' from the eastern boundary of this parcel, with a cross access agreement required to the adjacent property (site proposed by Transport Truck and Trailer). 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 10. The area shown as parking on the eastern boundary shall be paved; all off-street parking spaces are to be paved and striped in accordance with Meridian City Ordinance Section 11-2-414. Sixty-six (66) parking spaces are provided (1:364 s.f.). This would appear to meet Ordinance requirements, depending on actual floor plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 5 . ~. f `~ 11. Application states hours of operation are to be from 8:00 a.m. to 5:00 p.m. 12. Any expansion of operation/ownership change shall be subject to Council review. 11. That the Nampa and Meridian Irrigation District, City Fire Department, City Police Department, Ada County Highway District, and Central District Health Department submitted comments and they are incorporated herein as if set forth in full. 12. That the Nampa and Meridian Irrigation District submitted comments; that the Cook Lateral courses along the south boundary of this project; that the right-of-way of the Lateral is 30 feet; 15 from the center facing downstream; that the developer must contact the District for approval before any encroachment or change of right-of-way occurs; that the District requires a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and waste ways must be protected; that all municipal surface drainage must be retained on site and if any surface drainage leaves the site, Nampa and Meridian Irrigation District must review drainage plans; that the developer must comply with Idaho Code 31-3805 and that it is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 13. That the Ada County Highway District submitted comments in regards to John Deere, Bill Howell and Sundance Subdivision and access to Overland Road east of Locust Grove Road; that a joint solution to the multiple driveways on Overland Road maintaining the District's required 230 foot separation between driveways based on a 45 mph speed limit is necessary; that Mr. Howell has agreed to relinquish the approved driveways associated with his project of FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 6 i ~^' the Transport Truck & Trailer with the approval of the following driveways from east to west: Howell parcel: 1. A 40 foot wide driveway 560 feet east of the site's west boundary. 2. A future driveway located 230 feet from both driveway #1 and driveway #3 (a range of approximately 100 feet). John Deere parcel: 3. A 40 foot wide driveway, located 9 feet west of the site's east boundary with a cross access easement to the Howell parcel. Sundance parcel: 4. A future driveway located 230 feet from both driveway #3 and an existing driveway to Lot 2 of the Playground Subdivision (a range of approximately 110 feet). The Sundance parcel has the choice of additional driveways or streets (total of 3 maximum) that may either align with driveways #1, #2, or #3, or be offset 230 feet to the east of driveway #1 (assuming no additional conflicting driveways). 14. That the Applicant's counsel, John McCreedy, has submitted written response to the staff comments of the Assistant to the City Engineer, Bruce Freckleton and Planning Director, Shari Stiles, and they are incorporated herein as if set forth in full. 15. That the Applicant, Mark Canfield, testified that John Deere is an industrial equipment dealer which is currently located by the Boise City Airport; that the airport is expanding the north runway operation and has forced John Deere into making a move; that property, formally known as The Playground, the driving range portion, has been purchased and was recently replatted; that the Applicant proposes building a 24,000 square foot facility on FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 7 fi approximately 10 acres within that site that will service for selling parts and working on the equipment that is sold; that the front portion of the building is office space and there are approximately 66 parking spaces; that currently approximately 28 employees are employed with the anticipation of approximately 30 plus people more; that there will. be landscaping along the Overland Road route and on this project's east and west borders; that there will be a display berm similar to that of Western States and Arnold Machinery along I-84 and the north border; that the hours of operation will be Monday through Friday, 8:00 a.m. to 5:00 p.m. and that during busier construction seasons the hours of operation may need to be extended from 6:00 a.m. to no later than 7:00 p.m. 16. That legal counsel for the Applicant, John McCreedy, testified; that the Applicant has been at the Boise facility since 1955; that it is a very stable company and a very stable business; that Mr. McCreedy wished to modify his earlier response to the staff comments; that since the Ada County Highway District is planning, in the future, to expand Overland Road and it therefore be a waste of money to the the Cook Lateral to have it later ripped out for expansion of Overland Road; that the Applicant is willing to the the Lateral unless the City and the Nampa and Meridian Irrigation District agree otherwise; that in a discussion with John Anderson at the District, he preliminarily indicated that it would be a waste of money to the the Lateral; that the requirement of determining the seasonal ground water, high ground water and subsurface soils will be complied with; that having the facility open from 6:00 a.m. to 7:30 p.m. would be on an as needed basis only; that this project is harmonious with the general FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 8 vicinity and fairly compatible; that the bright lights from the driving range will be removed; that the comments submitted by the Ada County Highway District (ACRD) will be complied with; that ACRD has worked with the Applicant to expand the radiuses from the traditional 15 degrees to 25 degrees to accommodate swing turns for longer semi-trucks and granted the maximum driveway width to 40 feet; that there will be a low profile sign in the area of the driveway on the Overland Road side of the property; that along I-84 another sign is anticipated similar to that of Western States and Arnold Machinery; that the display sign would be an elevated sign in the area of the berm and meet City Ordinances with regard to height and lighting; that the building will be single story with approximately 20 to 24 foot high ceilings in the area of the parts warehouse and shop; that the back half of the facility, the northern portion toward I-84, will be fenced and the trash areas screened. 17. Meridian City Engineer Gary Smith testified that there is a sewer that was extended through the RV overnight park but how far east it goes from the RV park and whether it was extended through Lot 2 is unknown; that it is not certain whether it was completed and that the construction was not inspected by the City; that the City doesn't know how deep it is or if it is physically possible to sewer into this lot or not; that when requested by Dr. Clark to write a letter concerning sewer service to Lot 1, Mr. Smith stated that sewer service was available to Lot l as pertains to a support facility building for the driving range; that at the time the plat was recorded, sanitary restrictions were placed on the plat by Central District Health Department concerning construction on Lot FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 9 1 and that the restrictions may or may not have been lifted off of that plat; that the concern is, and has always been, that once you start getting sewage from an adjacent drainage area into a drainage area that was not intended to accept that sewage, there exists the possibility of problems in the future for capacity in the sewer line to serve an area that is outside of the drainage area for the specific sewer line; that the City does not have a time table for extension of the Five Mile Creek sewer line under the Interstate; that the need for the Applicant to provide high water, high ground water elevation, and profiling of subsurface soil condition on this site was because of problems with water in crawl spaces and under foundations; that there is a clay layer in this area and the above comment is a standard comment put on all reviews; that once in a while, pockets of perched water tables are discovered that can cause grief and the profiling is just a precaution. 18. In the Meridian Comprehensive Plan it is stated: A. Franklin, Overland/I/84 Mixed Use Policies, Page 28 That in the Meridian Comprehensive Plan it is stated under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28., as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. (Emphasis added.) 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 10 r~ adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area (Emphasis added.) B. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. Under TRANSPORTATION, Page 43 1. Existing Conditions Overland Road is listed as a minor arterial. C. Under COMMUNITY DESIGN, at Page 72. 1. Entryway Corridors d. Overland Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 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 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 - CESCO PAGE 11 --~, 19. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that 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 and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 20. Commissioner MacCoy and Mr. McCreedy had discussion regarding the signage, the size of the building and the screening of the trash receptacles. 21. Mr. McCreedy added that John Deere, CESCO, wants to do whatever it takes to satisfy the City's conditions. 22. There was no other public testimony given. 23. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been 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 grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the Meridian Comprehensive Plan states that the property would only be capable of being developed under the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 12 ~- ..,, conditional use permit process with design review to ensure neighborhood compatibility; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the Zoning Ordinance, which requires a conditional use for a tractor sales lot and a repair facility. 4. That since the Meridian Comprehensive Plan states that the City shall require, as a condition of development approval, landscaping along all entrance corridors and states that landscaped setbacks for new development on entrance corridors are encouraged and the Planning and Zoning Director and the Assistant to the City Engineer stated that there should be a 35 foot landscaped set back from Overland Road, the property shall have a 35 foot set back for landscaping. 5. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 13 ~M r e. The property does not have sufficient sewer service available and provisions for Applicant, at its cost, to supply the necessary sewer service must be worked out as a condition of granting this conditional use permit; water service is available but Applicant must put in sufficient lines to serve the use. It is to be noted that the City does have sewer and water late comers provisions that the Applicant may be desirous of requesting. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community, but Applicant must incur the cost of installing any water, sewer, or other utilities. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed, and b), all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that as required and stated above in this paragraph it should be subject to development review guidelines. 7. That the Applicant shall also be required to do the following: a. Meet the requirements placed on the property during its annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 14 _., ~~ :. .~ b. Meet the requirements of the development agreement that was entered into by Applicant's predecessor in title. c. Meet the requirements and comments of the City Engineer, the Assistant to the City Engineer, and the Planning and Zoning Administrator and submit a landscape plan to her for approval. d. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and•Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~i'~ ~ ~ ~ VOTED ~ -~ VOTED~~ VOTED t'(l i~ /~ ~^` ~~ ~ ~~ 4~ 4 1 [ ~: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 15 ~.. ~' DECISION AND RECOI~II~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, specifically resolving sufficient sewer and water service for all of Applicant's land included in this Application. MOTION: APPROVED ~~ DENIED ~ ~t~ ~~ ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 16 Meridian City Council May 16, 1995 Page 62 now there is no sewer trunk line built for whatever the reason than what do we do take an owner that had nothing to do with this application and shut him down? I think that would also be there to protect the interest of the owner. So that would be a point of discussion from my standpoint. Kingsford: Any other comments? I think that Ron was agreeable to that when we discussed it earlier. I don't think that it was necessarily his preference. Walt's point is well made, if we are just (inaudible) than a consortium. Is there a motion? Morrow: Having said that, I would make a motion that we grant Ronald Van Auker a temporary septic system to last no longer than May 16, 1996 and that we require a pre- payment of the hook up fees at point of building permit and that we require a bond completion bond for that portion of the sewer trunk line as it extends from where it currently exists to this property. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the temporary hook up to septic system that it approved through May 16, 1996, that they pay a hook up fee to the sewer system at this time and that they provide a bond to extend the sewer from its current termination to this site, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: WRIGHT BROTHERS/CESCO: REQUEST FOR A TEMPORARY HOOKUP TO A SEPTIC SYSTEM: Vance: My name is Michael Vance, during 1994 an annexation took place generally over on the intersection of Eagle Road and Overland in the area of the Par 3 golf course, you perhaps knew it as the Peck annexation. There was a whole list of conditions of approval that went with that annexation. They mainly had to do with a development agreement. Most of that having to do with a subdivision. Our client is going to hopefully buy the entire piece and place a heavy equipment sales and service facility on the site. They would take up the entire site. Unfortunately the site is located on the south side of the freeway, the interstate and the sewer is located on the north side of the interstate. There are however, there has been discussions over the last month or two about bringing the sewer underneath the freeway. The sewer line has to be bored underneath the interstate. What we are requesting the Council approve is a temporary septic tank solution so that Cesco might be able to move onto this site, the entire site, the entire site that was covered under this annexation. Unfortunately I can't give you a time limit for this. My alternative to this short of a bond which I am not sure we could even cover what we have done in the past Meridian City Council May 16, 1995 Page 63 is do a recordable agreement that runs with the land, it runs not only with the present owner but with future owners, and that agreement basically states that first of all they have to hook up to the sewer. They have to enter into a pay back agreement either with the City or the developer who ends up bringing that line underneath. The septic tank has to be removed and it has to comply with Central District Health Department requirements and those sorts of things. I gave Shari a copy of that agreement or a draft and I don't know if it made into your packet or not. That is certainly a thought that we could do. I am not sure how we vuould do the bonding. We would certainly agree to paying the sewer hook up fee if it was required. Basically the size of the facility, while looking big on the outside really has a couple of bath rooms and a probably a small kitchen facility. I believe I gave public works a number of fixture units that were equivalent to about 2 residential homes. So with that I would request that we be allowed to have a septic system on a temporary basis for this Cesco facility. I would be happy to answer any questions? Kingsford: Questions of the Council? Yerrington: How long of a period of time would you want it? Vance: Well, once the facility is in there, this is the difficult part, once the facility is there how do we determine what a legitimate period of time is. My own thoughts are that I don't think there is any question the sewer is going to come underneath the interstate and that there is property located directly east of the Peck parcel already has I think it is a 15 or 20 foot utility easement where sewer is supposed to come down to Overland Road and then go down toward Eagle Road. That is a very difficult question to ask because if we say it is for a year or 2 years or 6 months and that doesn't occur what do we do? I think with the recorded agreement and payment of the connection fee I don't think there is any question that you could certainly force the owners of the property into hooking up to the sewer the moment that it is there, in fact hooking onto it as it goes by and as soon as it is tested and accepted by the City. It is just the horrendous cost of trying to get one sewer service onto the opposite side there. There is a sewer line that exists, I think it is just to the west of the Par 3 golf course now and they are not allowing any further service into that line now so it has to be an alternate line brought over. One that I think is being brought over to the St. Luke's Hospital. Kingsford: Any other questions? Is the Council prepared to take action? Morrow. I would like to have some comments by City Engineer Smith. Smith: Mr. Mayor and Council members, there aren't any plans at this point to extend the sewer under the interstate. There has been an awful lot of discussion from property owners on that side of the interstate concerning the sewer availability thereof. But at this Meridian City Council May 16, 1995..... _ _ _ _ _ _ Page 64 point there are no plans, there have been no proposals. We don't know for sure where the sewer is going to be, wee do know that the facility plan shows a 10 inch diameter sewer line extending along the boundary line between this parcel and the Thomas parcel to Overland Road. It also shows sewer line extending along the south boundary of the interstate off ramp to the south and east. Beyond that there are no plans, there are no time periods established. It is a crap shoot at this point as to when that happens. I think it is going to happen with all of the activity that seems to be going on over there including the mall proposal that sewer line will have to cross the interstate. The applicant is correct that once sewer tine is adjacent or within 300 feet of his property they will connect, that is an ordinance requirement, they shall connect. At that point they would be required to pay a late comer fee as would be assessable to the construction of that line also. The only thing this does is just like the same conversation that the Mayor and I and Councilman Morrow had with Van Auker's in terms of taking a piece of property out of the picture for contribution to the extension of sewer line or the cost of that extension. But it is a relatively small parcel compared to the other pieces over there. Gary Voigt's parcel to the south of Overland Road is about 90 some acres, 300 lots, this is the sewer line that they would need for that parcel to be developed. Morrow. I guess part of my question would also be is that our conditions of annexation and zoning what do we, did we spell out any conditions in those annexation and zoning documents that indicated that sewer was a requirement of development. Kingsford: I think that is why he is asking for a variance. Vance: 1 will read it to you here, it is actually the first one 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. The water is not an issue because it is there and it can be extended. That is really the purpose of my request tonight is to ask for a variance or a relaxation of the first paragraph such that we can, we can comply with most of the other ones even though they deal with subdivision issues which we are not subdividing. We are not asking for anything it is just a relaxation of that first paragraph. There is no question they want the sewer. Morrow. This is the entire parcel of ground? Vance: The entire parcel of ground, I don't know if you have seen, Mayor may I? (Inaudible) it is not going to he subdivided, it is not going to be cut up. Really most of the issues that we have dealt with during the development agreement plan or a lot of them will be taken care of. There is a ditch going through that will be tiled but most of the other issues really deal with the subdivision as it is developed and there is no final plat there is nothing. Meridian City Council May 16, 1995 Page 65 Kingsford: Certainly I think this is a continuation of the land uses in that corridor of Overland and the freeway. I think we will miss an opportunity if Council doesn't grant this temporary variance. I know for certain that the applicant is looking at other parcels in Meridian that have been unsatisfactory for a variety of reasons. I think that is a good use for that property. Morrow. To add to that I don't have a problem with any of that. I do think that we need to put some safe guards into the proposal so that it is very well understood by all parties today and in the future that when the sewer gets there (inaudible). Kingsford: I haven't read it but I like his agreement that he spoke to. I think that is a fairly good safeguard. It is a little different than what we were talking about with Mr. Van Auker because he is talking about a number of parcels that are going to be in his group developing, this is a single parcel with a single owner. Morrow. Well, coupled with the fact here is we have a project here that is literally a long ways away from the sewer and that doesn't apply in the Van Auker case. Smith: Mr. Mayor, a couple of things, the house that is presently on the parcel is that going to be removed? Okay, the second thing is the location, do you know where the location of the water is at this time? Vance: It is my understanding that it is very close the to Par 3, we initially thought it was at Locust Grove and Overland and have since found out it that it is some 200 to 300 feet along Overland. Smith: It is on the east boundary of the driving range, so you would be required to pick it up at that point and extend it to your east boundary and it is a 12 inch diameter water line. Vance: That is correct. Smith: I was wondering, the other thing, the conditions of approval for this, Shari was mentioning that a development agreement would be required for the project. That those agreement conditions for future connection could be part of that agreement then too. Vance: Would there be a late comers or what i call a pay back agreement allowed on the 12 inch water line? Smith: Yes, there are provisions in the ordinance for that late comers agreement, you probably should get a copy of those and review them so you understand what conditions those are. Thank you. Meridian City Council May 16, 1995 Page 66 Kingsford: Is Council prepared to make a motion? Morrow. One more comment, in conjunction with the development agreement you are aware in the City of Meridian we require an occupancy certificates and subject to completion of the project for our occupancy. Vance: Well aware, we have been through it many times. Kingsford: Is there a motion? Morrow: Mr. Mayor, I would request that or I would move that we grant the request for a temporary hook up to a septic system for the Cesco dealership as described in the application and that as soon as sewer service is available that the property be required to hook up to the sewer service, that the original hook up fees would be paid at time of building permit, and that any late comers charges or additional fees with respect to the cost of that trunk line be assessed at time of hook up, to and including a development agreement executed by the applicant and City of Meridian. Corrie: Second Kingsford: Moved by Watt, second by Bob to approve the request for a temporary hook up to a septic system for Cesco Enterprises, requiring the hook up fee to be paid at the time of building permit that they be willing to pay a late comer's agreement into the development of that line and that they enter into development agreement with the City at the time of permit, before the time of permit, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: BOLO'S PUB AND EATERY: REQUEST FOR BEER AND WINE LICENSE: Kingsford: Chief, do you have any problem with that? (Inaudible) Kingsford: Entertain a motion to approve the beer and wine license for Bolo's Pub and Eatery. Yerrington: So moved Corrie: Second