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Fairview West Square AZWILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFf, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Potice Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ COUNCIL ME6"B RS A GOOd Place t0 LiVC WALT W. MORROW, President CITY OF MERIDIAN CHARLES M.ROUNTREE O R G LENN R BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Deparunent (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (208) 888-4443 TIM HEPPER JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 7. 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/'[4/96 REQUEST: Request for Annexation/Zoning to C-G BY: Richard Johnson LOCATION OF PROPERTY OR PROJECT: 835 E. Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM ~ FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT " - CfTY hN.ES II BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~:~ CITY DF A~ERIDUI~ t i • APPLICATION FOR ANNEXATION APPROVAL & PAGE 1 OF 2 ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION a. PROPOSED NAME OF SUBDIVISION - FAIRVIEW WEST SQUARE b. GENERAL LOCATION - 835 E. FAIRVIEW AVE. c. LEGAL DESCRIPTION - ATTACHED EXHIBIT "A" d. OWNERS OF RECORD - LAMONT KOUBA / LYNN KOUBA STREET - 3875 E. USTICK CITY/STATE/ZIP - MERIDIAN, IDAHO 83642 PHONE - (208) 887-2044 e. APPLICANT - RICHARD A. JOHNSON STREET - 5001 N. EUGENE ST, CITY/STATE/ZIP - BOISE, IDAHO 83703 PHONE - (208) 853-3469 f. SURVEYOR - RICHARD A. JOHNSON STREET 5001 N. EUGENE ST. CITY/STATE/ZIP - BOISE, IDAHO 83703 PHONE - (208) 853-3469 g. JURISDICTION REQUIRING APP. - CITY OF MERIDIAN h. TYPE OF SUBDIVISION - COMMERCIAL i. ACRES OF LAND IN CONTIGUOUS OWNERSHIP - NONE ACCEPTED BY FEE The property is situated on Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet. Currently the property has a single family house with various out-buildings, a large asphalt parking area and the balance of the property in pasture. We propose removing the house and out-buildings and constructing a commercial facility. Our development would cater to the recreational and auto industries. One of our two initial tenants would be a Jet Ski Retailer, the other would be a Auto Parts Retailer both of which would provide sales and service. These retailers would be located in the first building which would front on Fairview Avenue and be of concrete block construction. • • APPLICATION FOR ANNEXATION APPROVAL & PAGE 2 OF 2 ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION Upon completion and as demand requires, we will be constructing "R & M Steel Buildings" towards the rear of the property. It is anticipated that these tenants will be oriented towards the auto service industry, IE, auto detail shop, muffler/welding shop, recreational vehicle repair shop, etc. The present district is "Mixed Use", we propose a change to "C-G" (General Retail and Service Commercial). The current situation of a single family home between two auto dealerships provides no continuity to the area. This zoning and district change along with our proposed development will enhance the appearance of our property, the adjacent properties, and Fairview Avenue. This project relates to the Meridian Comprehensive Plan in the following ways: 1. Provides for commercial enterprises to locate in Meridian. Page 18 1.1 2. Provides a number of employment opportunities. Page 19 2.3U 3. Conforms to the Commercial and retail areas to be established along Fairview Avenue. Page 21 4. This project is currently within Ada County, but nearly surrounded by the City of Meridian. Page 28 5.16U, 5.17U, 5.18U. We, Lamont Kouba and Lynn Kouba agree to pay any additional sewer, water or trash fees and or charges, if any, associated with the use of said property. I have also read the contents of the Annexation / Zoning application and verify that to the best of my knowledge the information contained therein is true and orrect. i':'`~ L- amont Kouba Da a \~'" L Kouba D e STATE OF IDAHO COUNTY OF ADA, SS. On this j/Kday of (~%~~~r 1996, before me, a notary public in and for said state, personally appeared Lamont Kouba and Lynn Kouba known or identified to me to be the persons whose names are subscribed to the within instrument executed the same. Notary Public ~ Residing at <`~?~~~,.~ i Idaho ~ My Commission Expires ,~._ '_ `~' I---------------------------- • Lamont Kouba / Lynn Kouba 3875 E. Ustick Meridian, Idaho 83642 City of Meridian 33 East Idaho Meridian, Idaho 83542 ATTN: Ms. Shari Stiles Planning Director/Zoning Administrator Ms. Stiles, In reponse to your application for Annexation Approval & Rezone, we are hereby requesting annexation and rezoning of our property at 835 East Fairview. The current zoning is County R-1 which we would like changed to General Commercial. As instructed, we are also applying for a Conditional Use Permit on the property. In doing so we will post said property 1 week prior to the hearing, stating that we have applied for annexation, rezoning and a conditional use permit including the date of said hearing. ~ Gy G DATED: ~t-/~~~ ~ Lamont Koubba b L Kouba STATE OF IDAHO, COUNTY OF ADA On this / / ~ day of ` ~~~Z.; / 1996, before me, a notary public in and for said state, personally appeared Lamont Kouba and Lynn Kouba known or identified to me to be the persons whose names are subscribed to the within instrument executed the same. Notary Publ=ic Residing at ~i~'.%lv;i- Idaho My Commission Expires s;-~ - ? • • KOUBA PROPERTY DESCRIPTION EXHIBIT A INCLUDING RIGHT-OF-WAY PAGE 1 OF 2 FAIRVIEW AYSNUE A parcel of land situated in the NW 1/4 of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 6 and 7; thence along the North line of said Section 7, S89°28'06"E a distance of 180.00 feet to a point; thence S00°34'44"i1 a distance of 45.78 feet to the southerly rights-of-way line of Fairview Avenue, a 5/8 inch iron pin and cap marked "RAJ 943", THE POINT OF BEGINNING; thence along said rights-of-way line N89°11'04"E a distance of 10.98 feet to a Brass Cap set in concrete, marked station 47+16.6; thence continuing along said rights-of-way on a curve to the right having a Delta of 00°08'33", a Radius of 55,816.02 feet, a Tangent of 69.53 feet, a Chord Bearing of N89°15'20"E, a Chord distance of 139.06 feet, an Arc Length of 139.06 feet to a point which bears S00°34'46"W a distance of 0.25 feet from a 5/8 inch iron pin and cap marked "JUB 944"; thence leaving said rights-of-way line S00°34'46"W a distance of 629.75 feet to the South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "RAJ 943"; thence along the said South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, N89°42'38"W a distance of 330.00 feet to the SW corner of the NW 1/4 of the NW 1/4 of the NE 1/4 of-said Section 7, a 5/8 inch iron pin and cap marked "Hubble 4999"; thence along the North-South centerline of said Section 7, N00°34'44"E a distance of 373.56 feet to a 5/8 inch iron pin and cap marked "RAJ 943", which bears S00°34'44"W a distance of 300.00 feet from said 1/4 corner common to Sections 6 and 7; thence S89°28'06"E a distance of 180.00 feet to a 5/8 inch iron pin and cap marked "RAJ 943"; thence N00°34'44"E a distance of 244.22 feet to THE POINT OF BEGINNING. And a portion of Fairview Avenue, as shown on the official plat of U.S. Highway No. 30, project No. F-3281(5) highway survey on file in the office of the Department of Highways of the State of Idaho, more particularly described as follows: A strip of land in the N 1/2 of the NW 1/4 of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian and the S 1/2 of the SW 1/4 of the SE 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, to wit: Commencing at the 1/4 corner common to said Sections 6 and 7; thence N 89°10'58"E a distance of 178.84 feet to THE POINT OF BEGINNING;. thence along the centerline of Fairview Avenue N 89°11'04"E a distance of 10.98 feet to a point o€ curvature; thence continuing along said centerline on a 00°06'09" curve to the right having a Delta of 00°08'33", a Radius of 55,966.02 feet, a Tangent Length of 69.59 feet, a Chord Bearing of N89°15'20"E, a Chord Distance of 139.18 feet, an Arc Length of 139.18 feet to a point; thence leaving said centerline S 00°40'23"E a distance of 50.00 feet to the southerly Rights-of-Way line of Fairview Avenue; • KOUBA PROPERTY DESCRIPTION EXHIBIT A INCLUDING RIGHT-OF-WAY PAGE 2 OF 2 FAIRVIEW AVENUE thence along said southerly Rights-of-Way line on a 00°06'09" curve to the left having a Delta of 00°08'33", a Radius of 55,916.02 feet, a Tangent Length of 69.53 feet, an Chord Bearing of S89°15'20"W, a Chord Distance of 139.06 feet an Arc Length of 139.06 feet to a point of tangency; thence continuing along said southerly Rights-of-Way line S 89°11'04"W a distance of 10.98 feet to a point; thence leaving said southerly Rights-of-Way line N 00°48'56"W a distance of 50.00 feet to THE POINT OF BEGINNING. Said parcels containing 3.87 acres more or less. PREPARED BY: RICHARD A. JOHNSON PLS 943 __ - ~ 9`f02I88J _ , a: ,:, - PIONEER:~7'I,~e . ~ .-. . ~` ~ ~ tir~i~c r .. ~LVVi~DEi~ -- .- - A Plon«r company g 0 l S E i !~ , ' . ~ - _ PIONEER TITLE COMPANY `~' of nay courmr /~ ' _ 888 North Cole Road / Boise, Idaho 83704 / Telephone~(4~)'37''9'-200 1~i 11 52 ;~~ ~ ~ FEE _If~ ~ ~ ~;' ~_.~~ '~ `~'`~ = ` /~- RECOrGcG ;.i ir~~~ rcQUEST OF h :a ,p~ ~~"`_' f <~ "' ' -READ .AND -APPROVED : ~ ~ a~ 9~9 / ~ U~ ,.,,~ . ~ ~,. +~:~-t ~ ~ -r ,,.,~:..3+ ,?~y ,`'VAR ~..~t" ~'x ~_ 'i.ia'~';~ (INDIVIDUAL) p .+: yrt ~> ~£; pia _ .. T ,. ~. - ~~ ~ FOR VALUE RECEIVED JONAS E. LEE, JR. AND MARY' L. LEE, HIS '.ONLY SPOUSE SINCE JANUARY Z1, 1987, HUSBAND AND WIFE Grantors , do hereby grant, bargain, sell and convey untoLAMONT KOt7BA AND LYNN KOUBA, HUSBAND "; `~'tl~1TD WIFE ~. f~, ~_C: °" ~ . ,.. ` ~~;~ the Grantees whose current address is. '~` .x`n 3875 E USTICK, MERIDIAN, ID . 83642 r±... +' ~r .. r ?;~`~ ~:;`""the following described real property in ADA County, State of Idaho, more particulary descn'bed as ~,~~ c ~ follows, to-wit: ~C~•' ..,:'::SEE ATTACHED EXHIBIT "A" , WHICH BY THIS REFERENCE BECOMES A PART HEREOF, ~ WHICH IS `COMPRISED OF ONE PAGE _ _ ~Sj 9`t0i 183 s ~` 7 ' RE-RECORD TO ADD MARY L. LEE SIGNATURE, CORRECT ~. ?. ~ NOTARY AND ADD ADJITiONAI. ACKNOWLEDGEME:JT g 0 i S E I D PIONEER TITLE ~+ : ~: .fi.. r ~.~',w'~~ ,~P~~ @ ( ~ ~.Jy ~~,:. r ,,s ,tea q ~ ,... a -. ~~~ ~f y ~• r ~ y~ y~t~ ~ ~i~~{,y~~` 1~ ~ ' ' ~2~ r , ,~ ~ ~ ~j r.~ ~~j p7~1 i 1' (11 I I ~"s s'' 1 ~7 ~~~~Gt~k z * ~ ~ '' i. ydy" i" ~ (t,~-'~`(Rt ~ ! 1~t: ~` i Y ~ . l ~ '~ ~ 1 ~~w 4~'~Y - ~~i +A~.1+ . }~ ~, fi~~* r.... !' 1~F , RECO~;DE~ ~~i '~!`_ ~~E T . ._. _ ... "~y . ~ ~ PRINLNiT ZINC /Nd'fJlfY CONNlN Y wf11 Z POMCR / 5(gVICf PUl( :~f Wi111 POIf a POwFR OUIIfT e ICLLiMp1l MIUC5I AL A iiRf N}ORANT ,I wAfCP VACVC ~+ GAS CO. SIGN r SIUAV URAnV Y VAIL 505 S S[wER UN[ VOIMI ~~ PPOPOi(D TCS a0 y w•JN~IOk WCLL -- DIIlVf41 S SANITARY SEwCP MAINIf1LC wArtv swcor --- ~ --- f(NCC - O/.gtl MIPC -'- ° -- EENCE - CNAIN 11N~ -- - f[NCC - NOARU FAIRVIEW AVENUE LUP - ~ - ..a..-.a -..~.~._.-..~.~.-~_ ...r __~._-. __._. _ i~ .. '~ i ~~~ .. .1 f .'.:.:. -~_~__ fi~~_.. `~ VARNRJ$ fgFES # SNRURS ~ '. ~J~-~~~ ' .. ...... wAl(N ~ I ~ . . . . . . . I I I I I . A$PNACT W f > I ' . ' . 'j '. UFN I .'. .-. .-~.•. .-~... ... 1• 1 I (I fANf.RFTE IAD/SIOEWAIK j '' 1, ,~_.~_' ~ ~ . • , ~ • .. ~ _ . ~• •. [_ o - PERMAN(Mi BUI[DING ~ :~ ~. I ~ ~ - rrwvalART RuuaNG I i ~.... `,_ 1 - -8556 rnwrwq f ~J '°PSJ SC.11.E ~ ~ Lr:n - :n !_ \~ I 6RV -__ ~ ' ~ II i.5 ,) i5 In RC._.- _.___..w. I . ^ 1~ II 1 ,~ ` 1 I I I f ~~ ~ ~__..._ _~ e J ~W I ~ 1 - j r ~ '~ f l_ 1 { /. I ~ ~ I~ / 1 i ', i CURRENT USE • • ~ n ~'~,'~"~~r#t.'~ s'~ ~r t~; apex ~:~~~ ~ .: ~- .i,: +~ ~ ~ .~:.,4 ~ \ , ai ~ i~~ ~ 1 17 ' jil~~~¢~~;Ti,,, t~-_'L Y''sr~'r. r~~"'y...~~:.j - ~ ~ •20• +x. i. .t +A .. F. s y.r4,. ~y t~ Y~ N "" ;S 1 .~•' .14 ~s .,~'.~ '{,,. '_ L+o 'fit • i~...~ ~ :. O ". ~'' .,~ xis{ ~ ~ ry. ~?,; :~~ ~''~'~?',~ .'~ ~`'E/t q ~ , •GIARENE ~ ` ','' ST +tG~"W'r h s 1 •i ; d''~ ~ s ~ '. r~ :. ~: r,. . v 6C S7 ``` .~... ~ ~ ' . 8 I .'10 ~~ R;~ ~ ~ :., m TAMMY : _ " s -. f iS 14 t3 B ~ _ .~•/ 1 .I.. `597. ~. PROJECT LOCATIO ~~'~:` Q sv '' ~ i~~ Y1, /L ~. r't ~~/,... ~~ ~~~' A4?.11! 111- ~J ` ~ rk.~ bt ~ ~J~~ ~ y~ Yni~~ ~ + K PLAN INQ-A~S{~l. I '~Iaf~. ~;'~ ~! `, ,. ~` ' ` ~ ; ~:_ ! 0~ ~a ~ .;~~'; 7.rµ. EB ~1 5'1995 i ~ R ~~MK ;r ~ ~ Y ; , :~, ,: ,:. :~ ~~~ • -. k: 1 / - -- - - - -- 3!0' - t 1 : j . D A.N a~ ~ 1 ° _ ~ CROS ILL c N. .~ ',, r, ., ~l STONEHENGE' ~~. r~ aE 12 .`, ' 13 4 O9 y W. ' 25 I] I S . ~ ~~ / ~~' ~ .7r D~tIST. ?3 1 Z 7 ~ ' 4 ~ 3 _ l `;: + ~, 13 " 14 kl ` Z ~ IS 18' 17 18 19 2t N .~ J 8 - I+;'; .-$- ~~ ~ c ~` Ir 1r 16 ~, '9 E TRUCKER S ~' t« ~ a' ~ to •~~~ tic tl ?1 ~ r.-1~ ~ .a°'~ :~F c 2i ~ .~. 4 4 ~r _ lea `.• ,}1'~ ~ 6- ~/.. t7 1 , ~T ~ r, I ~- l I T i ~ .~ ~ 43 1 . 4 ,, , ~I,.~J~ +.~ ~ i w~ s.., lr ~ r t:; ':tx t ~8 '28 .,0 ~{r`~~~ ~ ~t J 1~~~ ~~1:~^-'tl6 xY'"'~ .~'* ;r M ,: Kx ° ..~J-_~ `~~ d~ sat ~ f£~ +h- «,.., i -° r ~ .r s " `sT~ ~ ~" _ tt r / ~y2} vi ~ ~R ~ ~~L Jq¢~ :~'~ - - - .:~L„ . I :. ..r i ',t,`- w. =,'v r err ~j. .,ti OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 7, 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/96 REQUEST: Request for Annexation/Zoning to C-G BY: Richard Johnson LOCATION OF PROPERTY OR PROJECT: 835E Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -.CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER ~ R APPLICATION FOR ANNEXATION APPROVAL & PAGE 1 OF 2 ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION a. PROPOSED NAME OF SUBDIVISION - FAIRVIEW WEST SQUARE b. GENERAL LOCATION c. LEGAL DESCRIPTION - 835 E. FAIRVIEW AVE. - ATTACHED EXHIBIT "A" d. OWNERS OF RECORD - LAMONT KOUBA / LYNN KOUBA STREET - 3875 E. USTICK CITYJSTATE/ZIP - MERIDIAN, IDAHO 83642 PHONE - (208) 887-2044 e. APPLICANT - RICHARD A. JOHNSON STREET - 5001 N. EUGENE ST. CITY/STATE/ZIP - BOISE, IDAHO 83703 PHONE - (208) 853-3469 f. SURVEYOR - RICHARD A. JOHNSON STREET - 5001 N. EUGENE ST. CITY/STATE/ZIP - BOISE, IDAHO 83703 PHONE - (208) 853-3469 g. JURISDICTION REQUIRING APP. - CITY OF MERIDIAN h. TYPE OF SUBDIVISION - COMMERCIAL i. ACRES OF LAND IN CONTIGUQUS OWNERSHIP - NONE ACCEPTED BY FES The property is situated on Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet. Currently the property has a single family house with various out-buildings, a large asphalt parking area and the balance of the property in pasture. We propose removing the house and out-buildings and constructing a commercial facility. Our development would cater to the recreational and auto industries. One of our two initial tenants would be a Jet Ski Retailer, the other would be a Auto Parts Retailer both of which would provide sales and service. These retailers would be located in the first building which would front on Fairview Avenue and be of concrete block construction. • APPLICATION FOR ANNEXATION APPROVAL & PAGE 2 OF 2 ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION Upon completion and as demand requires, we will be constructing "R & M Steel Buildings" towards the rear of the property. It is anticipated that these tenants will be oriented towards the auto service industry, IE. auto detail shop, muffler/welding shop, recreational vehicle repair shop, etc. The present district is "Mixed Use", we propose a change to "C-G" (General Retail and Service Commercial). The current situation of a single family home between two auto dealerships provides no continuity to the area. This zoning and district change along with our proposed development will enhance the appearance of our property, the adjacent progerties, and Fairview Avenue. This project relates to the Meridian Comprehensive Plan in the following ways: 1. Provides for commercial enterprises to locate in Meridian. Page 18 1.1 2. Provides a number of employment opportunities. Page 19 2.3U 3. Conforms to the Commercial and retail areas to be established along Fairview Avenue. Page 21 4. This project is currently within Ada County, but nearly surrounded by the City of Meridian. Page 28 5.16U, 5.17U, 5.18U. We, Lamont Kouba and Lynn Kouba agree to pay any additional sewer, water or trash fees and or charges, if any, associated with the use of said property. I have also read the contents of the Annexation / Zoning application and verify that to the best of my knowledge the information contained therein is true and orrect. ~~ ~~ ~ ~ I( amont Kouba Date L Kouba D e STATE OF IDAHO COUNTY OF ADA, 5S, On this ~~'Kday of ~~~~ 1996, before me, a notary public in and for said state, personally appeared Lamont Kouba and Lynn Kouba known or identified to me to be the persons whose names are subscribed to the within instrument executed the same. ~~ ~ ~ ~ ~ ti Notary P ~ ~ Residing at ~,,~~~_~-~~~ Idaho ~ My Commission Expires ~~ - ~ ~~ ~ -----------~---------------- • • Lamont Kouba / Lynn Kouba 3875 E. Ustick Meridian, Idaho 83642 City of Meridian 33 East Idaho Meridian, Idaho $3542 ATTN: Ms. Shari Stiles Planning Director/Zoning Administrator Ms. Stiles, In reponse to your application for Annexation Approval & Rezone, we are hereby requesting annexation and rezoning of our property at 835 East Fairview. The current zoning is County R-1 which we would like changed to General Commercial. As instructed, we are also applying for a Conditional Use Permit on the property. In doing so we will post said property 1 week prior to the hearing, stating that we have applied for annexation, rezoning and a conditional use permit including the date of said hearing. DATED: ~"'~lf~~G Lamont Kouba L Kouba I STATE OF ,IDAHO, COON Y 0~' ADA I On this / / ~- day of C~ .,. a 1996, I before me, a notary ~iblic in and I for said state, personally appeared I Lamont Kouba. and Lynn Kouba known or I identified to me to be the persons I whose names are subscribed to the I within-instrument executed the same. I ': %-~ Notary Publ~ I Residing at ~,~~,~~ ~~` Idaho ( My Commission Expires ~~~ 7 1~7 I---------------------------- • • KOUBA PROPERTY DESCRIPTION EXHIBIT A INCLUDING RIGHT-OF-WAY PAGE 1 OF 2 FAIRVIEW AVENUE A parcel of land situated in the NW 1/4 of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 6 and 7; thence along the North line of said Section 7, S89°28'06"E a distance of 180.00 feet to a point; thence S00°34'44"W a distance of 45.78 feet to the southerly rights-of-way line of Fairview Avenue, a 5/8 inch iron pin and cap marked "RAJ 943", THE POINT OF BEGINNING; thence along said rights-of-way line N89°11'04"E a distance of 10.98 feet to a Brass Cap set in concrete, marked station 47+16.6; thence continuing along said rights-of-way on a curve to the right having a Delta of 00°08'33", a Radius of 55,916.02 feet, a Tangent of 69.53 feet, a Chord Bearing of N89°15'20"E, a Chord distance of 139.06 feet, an Arc Length of 139.06 feet to a point which bears S00°34'46"W a distance of 0.25 feet from a 5/8 inch iron pin and cap marked "JUB 944"; thence leaving said rights-of-way line S00°34'46"W a distance of 629.75 feet to the South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "RAJ 943"; thence along the said South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, N89°42'38"W a distance of 330.00 feet to the SW corner of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "Hubble 4999"; thence along the North-South centerline of said Section 7, N00°34'44"E a distance of 373.56 feet to a 5/8 inch iron pin and cap marked "RAJ 943", which bears S00°34'44"W a distance of 300.00 feet from said 1/4 corner common to Sections 6 and 7; thence S89°28'06"E a distance of 180.00 feet to a 5/$ inch iron pin and cap marked "RAJ 943"; thence N00°34'44"E a distance of 244.22 feet to THE POINT OF BEGINNING. And a portion of Fairview Avenue, as shown on the official plat of U.S. Highway No. 30, project No. F-3281(5) highway survey on file in the office of the Department of Highways of the State of Idaho, more particularly described as follows: A strip of land in the N 1/2 of the NW 1/4 of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian and the S 1/2 of the SW 1/4 of the SE 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, to wit: Commencing at the 1/4 corner common to said Sections 6 and 7; thence N 89°10'58"E a distance of 178.84 feet to THE POINT OF BEGINNING; thence along the centerline of Fairview Avenue N $9°11'04"E a distance of 10.98 feet to a point of curvature; thence continuing along said centerline on a 00°06'09" curve to the right having a Delta of 00°08'33", a Radius of 55,966.02 feet, a Tangent Length of 69.59 feet, a Chord Bearing of N89°15'20"E, a Chord Distance of 139,18 feet, an Arc Length of 139.18 feet to a paint; thence leaving said centerline S 00°40'23"E a distance of 50.00 feet to the southerly Rights-of-Way line of Fairview Avenue; • KOUBA PROPERTY DESCRIPTION EXHIBIT A INCLUDING RIGHT--OF-WAY PAGE 2 OF 2 FAIRVIEW AVENUE thence along said southerly Rights-of-Way line on a 00°06'09" curve to the left having a Delta of 00°08'33", a Radius of 55,916.02 feet, a Tangent Length of 69.53 feet, an Chord Bearing of S89°15'20"W, a Chord Distance of 139.06 feet an Arc Length of 139.06 feet to a point of tangency; thence continuing along said southerly Rights-of-Way line S 89°11'04"W a distance of 10.9$ feet to a point; thence leaving said southerly Rights-of-Way line N 00°48'56"W a distance of 50.00 feet to THE POINT OF BEGINNING. Said parcels containing 3.87 acres more or less. PREPARED BY: RICHARD A. JOHNSON PLS 943 9`f0218B:~ ,- ~~ . ~ ~ ~. DAY; G 'kV~r c;0 ~_ _ _. _ _ A Wonau Company Q O l S E i 0 ; .. _ _ _ PIONEER TITLE COMPANY /~ /~,e-C~U?.~L `: __ ~ ~~ ; . of ADA couririr _ 888 North Cole Road Boise Idaho 83704 Tele hone Q08 ' 379' 206 ~ ~~ ~ ~ 5 2 . / / P ~ ) _ FEE_lU~ uci' ~_~ ;, ~ ~ RECORGtG ;.i T~~L• .r'.cQUEST OF ~~ READ .AND ' -PROVED : _ ' . - ~ ~r o~ (/ ~iJ 1~ ~-- ~_ __ 9 9 _ .~ .~;. r.. _ ,,,, ~,~ t W ;DEED R_ ~ ,~ .~ rl ~ ~ r. . .. _ ,,,~",... ~ ..f ,,•, ~,,. ' ~ FOR VALUE RECEIVED JONAS E, LEE, JR. AND MARY L. LEE, HZS'.ONLY 21, 1987, HUSBAND AND WIFE ~~ ' Grantors , do ,~ ~ND WIFE , SPOUSE SINCE JANUARY hereby grant, bazgain, sell and convey untoLAMONT KOUBA AND LYNN KOUBA, HUSBAND '~ yr ~ the Grantees ,whose current address is3875 E USTICK, MERIDIAN, ID ,; 83642 +''"r~ ~""the following described real property in ADA County, State of Idaho, more pazticularydescribed as .~ ~, follows, to-wit: n ~+_ .:SEE ATTACHED EXHIBIT A , WHICH BY THIS REFERENCE BECOMES A-PART HEREOF,~WHICH IS"COMPRISED OF ONE PAGE _ - - ~'~. 9 ~t 0 1 1 8 3 ~~>.~ ~~ ' RE-RECORD TO ADD ,MARY L. 'LEE SIGNATURE, ° CORRECT ` '' "" . l ~ " ` NOTARY AND ADD ADJITIONAI, ACKNOWLEDGEME:JT PIONEER TITLE ..~ BOISE ID ~.%~F~3"",,. A;~i E~`.~Z °3° T ~ ~'~ "h" '+4 {" r 'j i ':': °Li ~F ~'~! h.» "t') r rr a~ ~ r d e ~~ F 4 ` ~k ~ t~ ~ '~j t, c5 P? ~ ~ ~' s t '1 ,,~'~ I •i • y~~ ~o f # ~ q m Q p 1111 ~2 ~ 1 l ~ r ~ .~ yy a ~ f ~.~~ ~ ~ ~~~ . ~ ~ 1 ' ~ ~J ~ >r ~ f.,, ~ a F t: E~~, -.---- - (~ AS `' ~_ f~. _ .~.= C ~ ~ ' ~r 4 ~i .fie d Y f"),Y; y,q ~ . ~, ~ { r ..` r ~ S ~ ~ { :H i y ~}M"~i~ ~,,.{•~ ,~`•1~ .. °'..~. ;7'. .' ti;~ Txi ~asrtr.:t.`.~ ' f { ~ ift` I ', AFFIDAVIT TO ICORRECT`LEGP;I, DESCRIPTION ~ ~, 'j .• y ~ .~~' ~*,Pf ~` ~~ `~,~, DOUG., BROETJE •CERTIFIES -THAT. HE -IS THE VICE-PRESIDENT OF PIONEER ~~~`~,` a~t;~ ;TITLE COMPANY OF ADA COUNTY,. AN IDAHO CORPORATION, UNDER wHO5E ~ ~ "4. v F ~;y;,~ ,: SUPERVISION THE LEGAL DESCRIPTION USED'IN THAT CERTAIN WARRAN t~ .z...y ,~, ` i-~..,- DEED RECORDED MARCH 2, 1994, UNDER INSTRUMENT NO. 94019183,, .~,~'- RECORDS OF ADA COUNTY, IDAHO, WAS PREPARED; AND ,~, WHEREAS, THE LEGAL DESCRIPTION CONTAINED IN SAID ~ ' ~ WARRANTY DEED ;CONTAINED. A TYPOGRP,PHICAL ERROR WHICH IT IS "'.i-iia °~ti ~.~:: ~,~~~,. ~,{- ;;PURPOSE OF THIS.AFFIDAVIT TO REFORM AND CORRECT; AND - WHEREAS, IDAHO CODE SECTION 55-81.6 PERMITS THE RECORDING OF AFFIDAVITS AFFECTING THE DESCRIPTION OF REAL PROPERTY AS PART OF THE RECORD TITLE OF SAID REAL PROPERTY. INOW, THEREFORE, ON THE AFOREMENTIONED INSTRUMENT, THE LEGAL DESCRIPTION IS HEREBY CORRECTED TO READ AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS ,~ ~;~ `~.~ REFERENCE MADE A PART HEREOF . L P '~4l'} ~I ~,j, - ~~°•~ k~" ` ' DATED THIS 8TH DAY OF MARCH, 1994. +{~ K 4nnA' ~' , `' l qtx ~ L' .,~, ~,;_. - DOUG BROET ., ~~ 'Gx~ VICE-PRES DENT ' ~~; ;~-~ ~ ~ PIONEER TITLE COMPANY OF ADA COUNTY ~p~' ~ ~t ~ ~ i• ^T. ~ ~ y. , t~i~ Suf.," tr ~~ ,~' 1. -„ -:~ ~, ~1~ SUBSCRIBED WAND `SWORN ; TO 'BEFORE ME •:A NOTARY ; PUBLIC IN AND 'FOR: THE , off' ~ STATE :' OF ,IDAHO .~ : , _ g y- Q 2 1 5 2 ~.~ . ~''~;y~;tt ~' - O'~•• ~'...~N~Pf•,,. NOT PUBLIC ~ , ?ECORUER a ~ . ~ .• .~ •~. RE S I GAT : ~ ~-121 I ~~~• {5 7 ~,~~ ,. ` ~' ~ .~ ~~ : H ~ '~ COMMISSION EXPIRES... I°2 a Ip r ~ -d ~.,~~`~, = 04 • e a : ~.~ ~ P10NEER TITLF~ _. : ~o: ~' o - ~ . ~ . l1vj,• .• ,' ~ 1 ~- u ~ ~"~'~` •~~~~f~•. ifa••••'•, ~~~~ s~~- - , ~'; au~ b'+~;. FEES '~- ktY~P .;d 4~ - ;mod f~ z' RECORD~D:~f ~IF",RE SST OF . `~ ~ ' i{ , '~ " t~1 {{• t X 1 4 U'.:. 1 ey it~~~i ~ 44i. ~~ - t-.. t,"- ' ~~~~~P6~~r'S~"R{m r r f ~ r ~ y a qt rh YN' c,~ ~ - ~ t S .4 ~~ t. td ;f Y(t~t44,~r 4 t,,~., ~~r; S .;.~r~tiet ba s_. ~ `'~~. ;' r,. ~r tr5 '. = r M ti.. ;~°+P ~~,~km~~~tis.:~"~-1~`~~>'.`!t 2 ~ ~~ ~ ,.:#~` ,IT?~l:~T~"'&4~r~ Yyt "^~r$"4_~ '~'.," y ~'';: ~~f - n. ~' ~ ~ ~, _ T,,~ , . .~;;»k~., ,:; , i EXHIBIT ~~A~~ _ r s,, . _ r' I ,.. - I ~ q I .i / .~ '/{~~ ~ .. ~ l~. . - it ti ,1„:BEGINNING A7 A POINT ON THE SECTI N ,~ , O N ~~, ., U E BETWEEN SECTIONS G AND 7, TOWNSHIP 3 NORTH, '' J ~ ~~RANGE_1;EAST OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO, SITUATED!I~-180 FEET NORTH 89. i ;'DEGREES 55' EAST OF THE QUARTER SECTION CORNER BETWEEN SAID SECTION 6 AND 7; -THENCE NORTH 89 DEGREES 55' EAST ALONG THE SECTION LINE BETWEEN SAID SECTIONS 6 AND 7, ,:.: EAST150 FEET TO A POINT; ;;-.THENCE SOUTH 0 DEGREE 05' WEST 660 FEET MORE OR LESS TO.A POINT ON THE SOUTH LINE OF, ~' THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7, _='l' TOWNSHIP 3 NORTH, RANGE 1 EAST, OF BOISE MERIDIAN: THENCE SOUTH 89 DEGREES 50' WEST ALONG THE SOUTH LINE OF TI-{E NORTH HALF OF THE :.NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO A POINT ON THE ~t'"NORTH'AND SOUTH CENTER LINE OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE ';t ~=~801SE MERIDIAN; `.THENCE NORTH 0 DEGREE 18' EAST ALONG THE NORTH AND SOUTH CENTER LINE OF SAID~SECTION 7 TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN 3G0 FEET MORE OR LESS TO A POINT, 300 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 6 AND 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN; THENCE NORTH 89 DEGREES 55' EAST 130 FEET TO A POINT; THENCE NORTH 0 DEGREE OS' EAST 300 FEET TO THE PLACE OF BEGINNING; SUBJECT TO ROAD .RIGHT OF WAY ALONG THE NORTH LINE THEREOF ON THE SECTION LINE BETWEEN SECTIONS G AND ' -7,'TOWNSHIP 3 NORTH RANGE 1 EAST OF THE BOISE MERIDIAN. ,t,. { _~ DCCEPTANY PORTION LYING WITHIN THE RIGHT OF WAY OF FAIRVIEW AVENUE. b ~ ;:, '"~'' x D'~OF LEGAL DESCRIPTION • ~~ .. ,. F ~~, ~ a ' z~ ~ ~, ,~~ ~ ~ ~, K ~ : ~ „~ ,'t~ a .5. ~~ rr ~. ~ ~~ i, ~ _ r...t ).' iii r,i Q -- ,~_~ _ j: ACKNOWLEIX;MENT ,Individual~~~ ~ ~ ; f ~,~ f ~ ' TNr _..,~~, 't'i, tf ~a ~ ~ . ~ ~ ~ ~. ~ 41..~t) ~ f r, ~ ~ 4 ~ r - f ~r ,~~' I.. ~ sr~' :x+sc33 0. ,: r'f a ~,.. .,}~ a a. ,~ t ~ r r .~t.i~ r ~ Pi .,J~ ye `~ -c , ~' '-,;Countyof~ ~ = 1r~~~~ t~~ a ~j ,,,,,,er~gg . F _..ti. 4. ~a . ':On this_ of ; ui the,-year of ;~ -1~ , before~me f ~` : ~;~ .. ,`a notary public, .:~ t personally ~ ~~~ , - ~° °1o.;ne,,tobe he: person- whose. ame._ subscribed . .. to the ii~m? nt',.an~ acknowledged to met t he_ ex ~ same. .. , - _~ ., +~ • ~ =' ~ • .,~ . ~, ~ Notary Public: <~ • G „9 . ,, Lt , ~, ... .L ` ,~. F~.,• . •..•° , Residing at: ~'~r*~ ~ •,~.. ~'' 1hAY COMM. EXP 3=12~98`~ ~~ ID:;.~.• ~y~ ~YCommtssipgExpites, .,.~. . ,~ a 4*-f - ' ~~ • ~ EXHIBIT "A" I ~UWNING AT A POINT ON THE SECTION', LINE BETWEEN SECTIONS 6 AND 7, TOWNSHIP 3 NORTH, ..;RANGE 1 EAST OF THE BOISE MERIDIAN, IN ADA COUNTY; IDAHO, SITUATED 180 FEET NORTH 89 -..DEGREES 55' EAST OF THE QUARTER SECTION CORNER BETWE~j~.N SAID SECT!ON 6 AND 7; THENCE NORTH 89 DEGREES 55' EAST ALONG THE SECTION LINE BETWEEN SAID SECTIONS 6 AND 7, EAST 150 FEET TO A POINT; • :THENCE SOUTH 0 DEGREE 05' WEST 660 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF -THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, OF BOISE MERIDIAN: .:THENCE SOUTH 89 DEGREES 50' WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN; THENCE NORTH 0 DEGREE 18' EAST ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN 360 FEET MORE OR LESS TO A ~~_. P,OINT, 300 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 6 AND 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN; ;, :.. _THENCE~NORTH 89 DEGREES 55' EAST 180 FEET TO A POINT; ~`~'''•~THENCE NORTH 0 DEGREE 05' EAST 300 FEET TO THE PLACE OF BEGINNING; SUBJECT TO ROAD RIGHT OF WAY ALONG THE NORTH LINE THEREOF ON THE SECTION LINE BETWEEN SECTIONS 6 AND 7, TOWNSHIP 3 NORTH RANGE 1 EAST OF THE BOISE MERIDIAN. DCCEPTANY PORTION LYING WITHIN THE RIGHT OF WAY OF FAIRVIEW AVENUE. -END OF LEGAL DESCRIPTION ~. r ~~ ,~~ , •~~;~ _ ,~_..y~z, _ ~° 1~' ~ ~~ _ Y.,~ si ~;~ c r :~„ y ; ~:: i ~`''`~~> `~ I j tl~ ~ • } ~ .. .w ^t - y 1 { ' •. ,t R~:~. ~k ~ ~1 ~ x c~ ~ r 7 Jar ° ' s ~ p4 d 'a rtY#>! ] ~-i N ~,. ~Yi ~ .i ~ ~~:~. !'~ ~ i~ •+ ~~ ~.~~ 1.D 1. t' \ s 4' , , z ,~ - i ~ tsar! ~ E,r^} " 5~`1`d~~ ~~~.~` a ~~ i r i y ~,, L~ 3' Y;.i .Ir N, ? - ~~ * t~4',S ''~~r ~Ftt'.7 rY e ~ ~~~ >. y~- { ~ ~Ke•'~r'~ ~ ,~ °~, ,.~ ,4, a - F F ~ ~ . 1 i~'r'~^~' f'y ~C a~ ~ 2 ~ . 4•~•; ~+fyxs~~+'u9` `.!tt , ~• Sa r~~~ tiw ~ t~~: ~ ~~~ U ~F a~,..r~ }1_ • ~~~ l i Y`TM< 'y""° ~` ..~'#g„ye'""' -w f - '~: ~y ry ~ -3~~~,, t f s ~ ~ fit" ~ .x } ' ~~ ~ u~ fir- ~ Y,, t' ~.r , ~ '2y ,L~~. +~' ~~ ~~~ b rlr n R r 1»~ ~• r ~ r ra sAa , ~ ~'~ 4, L rti ~ p': ~ ~4 .i i 'ir t1 r=y wyfs :~"•~* i :- i , ~ ~ "d a.~'~+w r ~ a ','~`. * ~ • Y~hk. _~4 . KOUBA A parcel of land Township 3 North, more particularly PROPERTY DESCRIPTION • MARCH 28, 1996 situated in the NW 1/4 of the NE 1/4 of Seotion 7, Range 1 East, Boise Meridian, Ada County, ,Idaho, described as follows: Commencing at the 1/4 corner common to Sections 6 and 7; thence along the North line of said Section 7, S89°28'06"E a distance of 180.00 feet to a point; thence S00°34'44"W a distance of 45.78 feet to the southerly rights-of-way line of Fairview Avenue, a 5/8 inch iron pin and cap marked "RAJ 943", THE POINT OF BEGINNING; thence along said rights-of-way line N89°11'04"E a distance of 10.98 feet to a Brass Cap set in concrete, marked station 47+16.6; thence continuing along said rights-of-way on a curve to the right having a Delta of 00°08'33", a Radius of 55,916.02 feet, a Tangent of 69.53 feet, a Chord Bearing of N89°15'20"E, a Chord distance of 139.06 feet, an Arc Length of 139.06 feet to a point which bears S00°34'46"W a distance of 0.25 feet from a 5/8 inch iron pin and cap marked "JUB 944"; thence leaving said rights-of-way line S00°34'46"W a distance of 629.75 feet to the South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "RAJ 943"; thence along the said South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, N89°42'38"W a distance of 330.00 feet to the SW corner of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "Hubble 4999"; thence along the North-South centerline of said Section 7, N00°34'44"E a distance of 373.56 feet to a 5/8 inch iron pin and cap marked "RAJ 943", which bears S00°34'44"W a distance of 300.00 feet from said 1/4 corner common to Sections 6 and 7; thence S89°28'06"E a distance of 180.00 feet to a 5/8 inch iron pin and cap marked "RAJ 943"; thence N00°34'44"E a distance of 244.22 feet to THE POINT OF BEGINNING. Said parcel containing 3:70 acres more or less and subject to the following: 1. A 10.00 foot wide easement adjacent, contiguous to, and parallel with the southerly rights-of-way line of Fairview Avenue for the sole purpose of constructing an irrigation ditch and installing a pipeline, as described in Condemnation Case #27038. 2. A easement to Meridian Auto Sales, Inc. for the installation and maintenance of a sewer line. More particularly described as follows: Commencing at the 1/4 corner common to said Sections 6 and 7; thence south along the North-South centerline of said Section 7, S00°34'44"W a distance of 300.00 feet to the Point of Beginning; thence continuing along said centerline of said Section 7, S00°34'.44"W a distance of 240.00 feet to a point; thence S89°28'06"E a distance of 20.00 feet to a point; thence N00°34'44"E a distance of 240.00 feet to a point; thence N89°28'06"~nl a ds ce of 20.00 feet to the Point of Beginning. _~e~.1.AND~. ANNEXATION/ZONING/CONDITIONAL USE PERMIT PROPERTY OWNERS 300' DISTANCE FROM S1107120750 LAMONT & LYNN KOUBA 51107120805 Meridian Auto Sales Inc. 813 E. Fairview Meridian, Idaho 83642 51107120861 James & Susan Daly Address Unknown S1107120700 & 51107120900 Elnora Johnson 8306 W. State Boise, Idaho 83702 51107212505 Allen Gentry ET UX 4595 Shamrock Boise, Idaho 83704 81724210010 Milo O. Elston 1054 E. Crossbill Ct. Meridian, Idaho 83642 81724210030 Truax Company P . O. Bost 4597 Boise, Idaho 83711 81724210050 Stanley N. & Laura L. Leatham 991 E. Crossbill Ct. Meridian, Idaho 83642 81724210060 Christina Jo French & Carmen White & Gary Ralph 997 E. Crossbill Ct. Meridian, Tdaho 83642 51107121105 Ruth Crow 8921 Sunflower Boise, Idaho 83704 51106438900 William K. Curtis ET AL 2630 E. Franklin Meridian, Idaho 83642 81724210020 Scott W. & Jodi Morgan 1020 E. Crossbill Ct. Meridian, Idaho 83642 81724210040 B&W Inc. 250 S. Beachwood Su. 120 Boise, Idaho 83709 81724210070 Steven M. Jordan 1033 E. Crossbill Ct. Meridian, Idaho 83642 81724210080 Craig N. & Heather B. Kovachevich 1069 E. Crossbill Ct. Meridian, Idaho 83642 Meridian City Council June 3, 1997 Page 16 understand the developer is trying to complete some of the improvements prior to recording it so they won't be bonding for as many improvements. They just was to complete the project first. That may not get done by this month. The other part of the ordinance that they need a time extension on is that they submit phase 2 of Packard Subdivision No. 1. That is required to submitted in phases of one year. They also are not going to be able to meet that deadline so they have asked for an additional year to submit phase 2 on that. Morrow: That covers both the agenda items then 11 and 12? Stiles: Yes Corrie: They are asking for a year on both? Stiles: Yes Corrie: Council with your permission we will do 11 and 12 together. Morrow: Mr. Mayor, I would move that we grant the extensions of one year for both items 11 and 12 from the effective date (inaudible). Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to extend one year the date or the extension of the Packard Subdivision No. 1 phase 1 and No. 1 phase 2. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: LAMONT KOUBA: LOT SPLIT FOR 835 E. FAIRVIEW AVENUE. Corrie: Is Mr. Kouba here? Daugherty: My name is Bob Daugherty I am with Johnson Land Surveying and we are here tonight on behalf of Mr. Lamont Kouba. We had previously been approved a conditional use permit 9-96 for a piece of property situated at 835 East Fairview Avenue. As you may recall there was a single family residence located on the premises which was in between Rountree Chevrolet and Meridian Auto Sales. Mr. Kouba's intentions were to construct a retail facility on the northern portion of that property and the southern portion was going to be conceptual in nature and geared towards the automotive industry service type businesses. Since that time Mr. Kouba has entered into a sales agreement with two individuals, a Mr. Steve Lyons and Steve Bainbridge to sell off the northern portion of that property where the retail facility was going to be placed. Their intention is to build or construct a full service car wash with fuel facilities. A conditional use permit application has already been filed and has going through the • Meridian City Council June 3, 1997 Page 17 public hearing stage at the Planning and Zoning Commission level. During our initial application we had proposed a drive entering onto the property from the west side of our property. We had run into some difficulties with ACHD with the location of the driveway in relationship with a driveway at Meridian. auto sales. So they were requiring that we remove the drive to the east side of our property which would border on the side of Rountree Chevrolet. Rountree had previously left a 40 foot strip vacant to access the rear of their property for possible future development. It was determined at that time that if we constructed our entryway on the east side of our property that they would no longer be able. to use that, their proposed entry to access that back portion of their lot. We had entered into an agreement with that property owner, I use the term Rountree because they are the people that currently have the lease on that property. The property is actually owned by Mrs. Johnson. We had entered into an easement agreement to utilize that 40 foot strip to access our entire parcel. That 40 foot strip goes the entire length of our property on the east side. As a result of that easement we would no longer have access off of Fairview Avenue direct lot access off of Fairview Avenue per ACHD's requirements. I guess the only reason that we are before you tonight is because what it will do is create a technically land locked parcel. In reality we don't feel that it will be a land locked parcel because we do have that 40 foot easement that will service that southern portion of the property. The sales agreement that Lamont, Mr. Kouba has signed with Mr. Bainbridge and Mr. Lyons requires the construction of that 40 foot easement to be made in a timely manner. For those funds to be set aside in escrow to make sure that is done. So in doing so we don't feel that we are jeopardizing any type of access to that southem portion and 1 guess ultimately. Mr. Kouba is fully aware of the situation and what has been created here, he is certainly willing to do that in order to sell that northern portion. What we are doing here this evening is just asking your permission to do this. Bentley: 1 have a question on this 40 foot easement, you said you are going to have him bond to construct is, is that the full length of both pieces of property or just bond for the front piece? Daugherty: That would be the full length, the full 40 foot roadway easement. If you have on the very back of your packets there I believe you have the picture. That 40 foot easement in its entirety would be constructed. Bentley: Clear back to Danbury? Daugherty: 20 feet off of Danbury. Tolsma: This 40 feet that you plan on here you say Rountree has 40 feet on their side also? Daugherty: No, that is the 40 foot easement, that easement shown is entirely on their property. Meridian City Council ~ • June 3, 1997 Page 18 Tolsma: (inaudible) Daugherty: The 40 foot easement is entirely on their property that is correct. We have a recorded easement that I believe is part of your packet that shows that has been recorded and granted to Mr. Kouba and or his assigns for permanent roadway easement. Tolsma: So the property you are going to split off is just for the car wash (inaudible). Daugherty: That is correct the shaded in area to the north. Bentley: I would like to hear from staff on their thoughts on this. Stiles: Councilman Bentley, Mayor and Council, I believe that this the applicant and his representative has been thorough in this application. It only makes sense that frontage along Fairview is going to be desirable for the commercial property. With some of the frontages there it is not going to allow a full width roadway since they do have the recorded easement in place and it is going to pass to their heirs and successors. I see no problem with granting the lot split, the reason he is requesting this even though we allow the one time lot split and it is not in our ordinance, any time there is a lot split it is called a subdivision in our ordinance. We have been going along with what the County does as far as allowing that one time split. With this proposed split there is no frontage and that is the reason that he has come in to make this request to ensure that there is no problem with selling off that front portion. There is a development agreement required Lyons and Bainbridge who have proposed the car wash they are aware of that development agreement requirement and Mr. Kouba on the back portion of this is also aware that he will have to enter into a development agreement at such time that he develops that back portion. Did that answer your question? Bentley: Thank you Corrie: Any further questions? Thank you Morrow: Counselor, Shari is correct we don't have a formal one time split we require the formal subdivision process for the one time split in the County. I guess some guidance with respect to this application. Crookston: Under our ordinance it is a splitting of property it is a division. It is under our ordinance a subdivision plat is required to do this. Morrow: Shari then in this process are we going to see a subdivision plat filed for this split to occur? Stiles: I hope not Meridian City Council June 3, 1997 Page 19 Crookston: I think that it means that a variance would have to be requested. Stiles: Since I started this job three plus years ago, my predecessor had given me the instruction that was the way it was to be done that we allowed the one time split. We have been allowing the one time split, probably even before Wayne Forrey was here maybe Gary could attest to that. Jack Niemann had written numerous letters I found in the file saying they are allowed a one time split as long as they meet the requirements of the ordinance as far as lot size and the frontage requirement we have routinely been allowing a one time split. Morrow. That was a matter of policy not of ordinance so we don't have a formal structure to do that. Which we need to do post haste. Rountree: I have a question for Wayne or Shari or both, what did we do with Albertson's at Cherry Lane and Meridian? Crookston: They started out initially coming in with a subdivision plat then we got into the problem with water. Rountree: No we are talking about Cherry Lane and Meridian Road, the old Albertson's. Crookston: That was established prior to our ordinance and, but they have since come in with a subdivision plat. Corrie: Well Council it looks like you can do one of two things here. Morrow. What might that be? Corrie: Well you can ask for a variance or you can ask for a subdivision, actually there are three, one time split and do the ordinance post haste as you said. Morrow. Well that would be my preference. (Inaudible) staff has got it pretty well covered I think that what we do is from my perspective is we grant the one time split and then we also come back (inaudible) so my motion would be that we grant the one time lot split for Lamont Kouba at 835 E. Fairview Avenue. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: CHARLES & BRENDA MALLARD: LOT SPLIT 3225 S. CINDER ROAD - SW CORNER OF VICTORY AND CINDER ROADS: ~ ~ • MERIDIAN CITY COUNCIL MEETING: June 3.1997 APPLICANT: ITEM NUMBER; 13 REQUEST: LAMONT KOUBA: LOT SPLIT FOR 835 E. FAIRVIEW AVENUE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 6' o~'~ cU~' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. L J • Lamont Kouba / Lynn Rouba 3875 8. Ustick Meridian, Idaho 83642 City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 May 9, 1997 RE: LOT SPLIT - 835 E. FAIRVIEW Dear Council, We have previously been approved for a Conditional Use Permit on the above referenced property. Our plan was to construct a commercial retail space an the northern portion of the property, with the southern portion being conceptual in nature and geared toward automotive service-oriented businesses. At this time we have secured a purchase agreement from Steve Lyons and Steve Bainbridge for the northern portion of the property. They are proposing a full service car wash with fuel facilities. We have applied far a new Conditional Use Permit and would like to split the parcel. During our original application it was determined by A.C.H.D. that the driveway to access our parcel would be required along our east property line, or that an easement agreement with the parcel to the east would have to be obtained. We have since secured and recorded a "Permanent Roadway Easement" (Enclosed consisting of a forty foot strip adjacent to, and running the full distance of our eastern property line. Our purchase agreement calls for us to construct the forty foot roadway in its entirety and provides for funds to be held in escrow to ensure completion. Although the parcel to the South would not have frontage on Fairview Avenue, the access to both parcels remains unchanged from your original approval. We hereby request your approval to split this parcel as shown on the enclosed drawing. Th You, Lamont Kouba ate Kouba Da e ~~ ~~ -. <. EASEMENT DEED This Easement Deed is made and dated the 2>r~ day of ~ br_KS~,- y , 1997, between ELNORA L. JOHNSON, individually and as Tnlstee of the Testamentary Trust of FlFloyd T. Johnson, deceased; L. B. INDUSTRIES, INC., an Idaho corporation; and ROUNDTREE AUTOMOTIVE GROUP, INC., a South Dakota corporation, (collectively Grantors) and LAMONT KOUBA and LYNN KOUBA, husband and wife (collectively Grantees). For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantees to Grantors, the receipt and sufficiency whereof is hereby acknowledged by Grantors, Grantors hereby grant, bargain, sell, convey and transfer to Grantees and to Grantees' successors, heirs and assigns, a permanent roadway, underground utility, sewer, water and drain line easement (collectively Easement) across the real property (Premises) more particularly described below: 9~o?~oey. A parcel of land situated in the NW'/4 of the NE'/. of Section 7, '~{ p3,~TF ;jR~ ~ ~~,0 ~ p~ B.M., Ada County, Idaho, more particularly described as follows U~'~'10 ttkYAP,RQ ` SO1SE !~ Commencing at the '/. corner common to Sections 6 and 7; thence S. 89° 8'06" E. along said section line a distance of 330.00 feet to a point; "~,~C.~~d,~ ~q- °~ ~~~ '97 ~iflfl 19 PC`1 2 53 thence S. 00°34'46" W. a distance of 42.42 feet to the corner between Johnson and Kouba on the South Right-of--Way line of Fairview, the point 6~~ ~~~ oEP~ RECD EJ A THE RE(}UES7 OF thence S. 00°34'46" W. a distance of 629.75 feet to the South line of the N'/2 of the NW'/. of the NE'/. of Section: 7, marked by a ~/8 inch iron pin and cap marked "PLS 943"; thence S. 89°42'38" E. a distance of 44.00 feet along the South line of the N'/z of the NW'/4 of the NE'/. of Section 7 to a point; thence leaving the South line of the N'/z of the NW'/. of the NE'/. of Section 7, N. 00°34'46" E. a distance of 615.72 feet, parallel to the West line of Johnson's to a point of curvature; thence along a curve to the right, having a delta of 88°48' 13 ", a radius of 15.00 feet, a chord bearing of N.44°58'52" E., and a chord distance of 20.99 feet, an arc length of 23.25 feet, to a point on the South Right-of--Way of Fairview Ave..; Easement Deed -Page 1 I lit-013.96 r ~ ~. • '' thence along ohe South Right-of--Way of Fairview Ave. on a curve to the left, having a delta of 00 03 22 , a radius of 55916.02 feet, a chord bearing of S. 89°21'18"W., and a chord distance 54.70, an arc length of 54.70 feet, to the point of beginning. Said parcels containing 0.58 acres more or less. ApPjJRTENANT: This Easement is appurtenant to and for the benefit of the real property more particularly described below (Appurtenant Property) and shall inure to the benefit of and may ~ be used by all persons who become the owners of the Appurtenant Property or any part thereof: ; Beginning at a point on the section line between Sections 6 and 7, T. 3 N., R. 1 E. of the B.M., in Ada County, Idaho, situated 180 feet N. 89°55' East of the quarter section corner between said Sections 6 and 7; thence N. 89°55' E. along the section line between said Sections 6 and 7, East 150 feet to a point; thence S. 0°OS' W. 660 feet more or less to a point on the South line of the N'/~ of the NW'/4 of the NE'/. of said Section 7, T. 3 N., R. 1 E., of B.M.; thence S. 89°50' W. along the South line of the N'/z of the NW'/4 of the NE'/. of said Section 7 to a point on the North and South center line of said Section 7, T. 3 N., R. 1 E. of the B.M.; thence N. 0°18' E. along the north and South center line of said Section 7, T. 3 N., R. 1 E. of the Boise Meridian 360 feet ~ T 3 NSSR. 1 E. of the BfMt, South of the quarter comer between Sections 6 and , thence N. 89°55' E. 180 feet to a point; thence N. 0°OS' E. 300 feet to the place of beginning, subject to road Right-of--Way along the north line thereof on the section line between Sections 6 and 7, T. 3 N. R.1 E. of the B.M. Except any portion lying within the Ri~t-of--Way of Fairview Avenue. ADJOINING PROPERTY: The owners of the property described below (Adjoining Property) which includes the Premises shall retain certain rights in the Premises as described in this instrument: Part of the NW'/• of the NE'/. of Section 7, T. 3 N., R. lE., B.M., in Ada County, Idaho, more particularly described as follows: Easement Deed -Page 2 t l ~1-013.96 Commencing at a point 330 feet E. of the NW corner of the NW'/4 of the NE'/4 of Section 7, T. 3 N., R 1 E., B.M., in Ada County, Idaho, the real place of beginning; thence E. 588 feet along the North line of said Section to a point; thence S. 660 feet, more or less, to the South line of the N'/z of the NW'/. of the NE'/4 of said Section; thence W. along said line, 588 feet to a point; thence N. 660 feet, more or less, to the real place of beginning; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND, TO-WIT: Commencing at a point on the North line of the NW'/4 of the NE'/. of said Section 7, T. 3 N., R. 1 E., B.M., in Ada County, Idaho, 918 feet East of the NW corner thereoiy the real point of beginning; thence S., at right angles, 170 feet, and parallel with the E. line of said NW'/. of the NE'/. of said Section 7; thence at right angles, and parallel with the North line of Section 7, W. a distance of 85 feet; thence N. and parallel with the E. line of the NW'/4 of the NE'/4 of said Section 7, 170 feet to the North line of said Section 7; thence in an Easterly direction, on said North line of the NW'/a of the NE'/a of Section 7 a distance of 85 feet to the real point of beginning. DURATION: Except as otherwise expressly provided herein, the Grantees and the Grantees' successors, heirs and assigns shall have and hold the Easement for the purposes herein provided forever. Provided, however, this Easement shall automatically terminate and be of no further force ,~ or effect if the Grantees have not, within 365 days from the date of this instrument placed upon the Premises from the north to the South end thereof an asphalt roadway meeting the specifications of the city of Meridian. A certificate executed by the city of Meridian stating that the asphalt roadway over the Premises is complete and dated within 365 days of the date of this instrument shall be . conclusive evidence that this requirement has been met. Easement Deed -Page 3 11-4-011.96 ` ~.,• ; „~ This Easement shall also automatically terminate and be of no further force or effect if Grantees have not, within 365 days of the date of this instrument, placed a five foot high cyclone fence along a portion of the Eastern boundary of the Premises which includes at least one forty (40) foot lockable sliding gate (two abutting 20 foot gate sections) for access. The fence shall commence at the Southwest corner of the Premises and proceed along the southern boundary of the Premises to the Southeast corner of the Premises and then along the easterly boundary of the Premises a distance of approximately 400 feet to the Southerly end of the paved area of Roundtree Automotive Group's lot. The Grantors may remove this fence, at their discretion and at their cost, whenever they should so determine. Additionally, this Easement shall also automatically terminate and be of no further force or effect if Grantees (or their successors and assigns in the ownership of the Appurtenant Property) shall fail to correct deficiencies in the maintenance of the Premises within the time period allotted within the "Maintenance" section of this Easement Deed. ACCESS: The owners of the Appurtenant Property shall have the right of access over and across the Easement at any time, for any of the purposes provided herein and for the full duration i thereof. COMMON USE: The owners of the Appurtenant Property and their respective successors, heirs and assigns and the Grantors as the owners of the Adjoining Property and their respective successors, heirs and assigns shall have the common use of the Easement for roadway purposes and each shall use it so as not to unreasonably interfere with use thereof by the other. The Grantors snd the Grantees hereby covenant not to construct any obstructions to the easement. Both parties hereby agree that should the other partition, subdivide, sell, transfer or dispose of all or a part of the "Appurtenant Property" or the "Adjoining Property," that their respective successors, heirs or assigns shall have the same right to the use of Easement for roadway purposes. MAINTENANCE: The owners of the Appurtenant Property shall be solely responsible for the maintenance of the roadway surface and all utility, water, sewer and storm water lines located under the Premises which are solely for the benefit of the Appurtenant Property together with the utility lines to be placed under the Premises by Grantees for the benefit of the Adjoining Property as provided in the following section of this instrument. However, the Appurtenant Property owner's obligation for maintenance of the roadway and the utility Gnes shall not extend to damages to the Easement Deed -Page 4 ~, • ~ ~ ' roadway or the utility lines which is caused by the owners of the Adjoining Property or their invitees, tenants or visitors, which obligation shall be the sole obligation of the owners of the Adjoining Property. ~~ The owners of the Appurtenant Property shall also be responsible for the maintenance of all utility lines on or under the Appurtenant Property which provide services for that property and the Adjoining Property. The owners of the Appurtenant Property shall also be required to maintain the cyclone fence which the Grantees are required to construct as provided above in this instrument until the owners of the Adjoining Property remove that fence. The maintenance obligations of the owners of the Appurtenant Property shall be such that the improvements be maintained in a manner similar in nature to other retail and/or professional complexes within the City of Meridian. If any of the Grantors provide the owners of the Appurtenant Property with written notice of deficiencies in the maintenance of the Premises, the owners of the Appurtenant Property will then have thirty (30) days to correct the claimed deficiencies (plus additional time if necessitated by weather as detailed below) unless within ten (10) days of the receipt of written notice of deficiencies, the owners of the Appurtenant Property deliver a written notice to the Grantors (or their successors or assigns in the ownership of Adjoining Property) disputing the alleged maintenance deficiency. If the responsibility of handling the alleged maintenance deficiency cannot be resolved, a neutral third party shall be retained by them to mediate the dispute and the.non- prevailing party shall bear all expenses of that mediation, including the prevailing party's ,attorneys fees. If the parties do not agree on who will serve as the neutral third party mediator, either of the parties may request that the Administrative D~trict Judge of the Fourth Judicial District of the State of Idaho, in and for the County of Ada appoint the mediator. If the results of the mediation are_such that the Premises have not been so maintained, then the owners of the Appurtenant, Property• shall immediately commence whatever work is necessary to correct the deficiencies and shall complete that work within a period of thirty (30) days from the date the mediator reached his or her conclusion,. Notwithstanding the foregoing, in all cases the referenced thirty (30) day time period to resolve maintenance deficiencies shall be extended for a reasonable time period in the event weather Easement Deed -Page 5 11.4-013.96 r~* , , conditions are such that the required work could not reasonably be performed within that time period. The extension of time for performing the work on account of weather conditions shall run only for so long as the weather conditions are such that the work cannot be reasonably performed. NOTICE: All notices, demands and requests which may or are required to be given by either party to the other shall be in writing and shall be personally served on the current owner or owners of the property in question as then designated by the Ada County Tax rolls, delivered by express courier, sent by delivered telegram, telex or facsimile transmission (if sent by facsimile transmission a duplicate copy shall be sent by prepaid first class mail), United States certified or registered mail, postage prepaid, addressed to the receiving party at the address then on record at the Ada County Treasurer's office, unless a party designates otherwise in writing. UTILITY LINES TO BE CONSTRUCTED BY GRANTEE: Grantee agrees to lay. three underground utility lines comprising of a sewer line, gas line and water line in a 45 foot segment of the Premises for the benefit of the Adjoining Property. The segment shall have its Southerly boundary 165 feet north of the Southerly boundary of the Premises. The underground utility lines shall run from ~ the Appurtenant Property in an easterly direction within that segment of.the Premises for a distance of not less than five feet beyond the easterly boundary of the Premises. The utility lines shall be constructed and laid in accordance with each utility company's requirements and the requirements of the city of Meridian. The terminus of each of the lines shall be marked on the land surface in a permanent fashion on the Adjoining Property. The utility lines shall be constructed prior to the laying of the asphalt surface. Once constructed, the maintenance of these lines outside the Premises shall be the sole responsibility of the owners of the Adjoining Property. TEMPORARY CONSTRUCTION I,,ICENSE: The Grantee shall have the right, during the time period of laying the utility lines for the Adjoining Property and the Appurtenant Property and for the time period necessary to lay the asphalt surface for the road, to use the land on the Adjoining Property as part of the construction work within ten feet of the easterly boundary of the Premises. Any activity outside the Premises shall be done with as little disturbance to that property as is reasonably possible, and that land shall be substantially restored to the same condition as it was prior to Grantee's activities. ~ `r Easement Deed -Page 6 11-4-013.96 r ~ t ~ f REMOVAL OF EXISTING UTII,ITIES: There presently exists on the Premises a gas line, power pole, fire hydrant, telephone lines and a telephone terminal box, light pole, and an irrigation ditch. The irrigation ditch shall be eliminated by the Grantee. Grantee shall be solely responsible for the relocation of all of the remaining items referred to above including any other utility lines on the Premises. The items requiring relocation shall be located on the Appurtenant Property with the exception of the light pole which will be located on the Adjoining Property at a location acceptable to Grantors and Idaho Power Company. The owners of the Adjoining Property shall have access across the Appurtenant Property for the maintenance, repair and/or placement of each of these .items which are relocated. . PURPOSES: The use of the Easement for roadway purposes shall be for the owners of the Appurtenant Property and their respective tenants, visitors and licensees to at all times hereafter, with or without automobiles or other vehicles or on foot, cross over, pass, repass along and over, and obtain ingress to and egress from the Appurtenant Property and for all purposes connected with the use of the Appurtenant Property. The use of the Easement for roadway purposes shall also include the right to construct, grade, level, fill, maintain and repair the road and road surface to be constructed and placed upon the Premises. The use of the Easement for underground utility lines, water, sewer and drain lines shall be for the owners of the Appurtenant Property to at all times hereafter lay those lines underground through and across the Premises and thereafter to maintain and repair those lines. The owners of the Appurtenant Property shall not have the right, to cut, trim and remove trees, brush, over hanging branches without the specific written approval of the Owners of the Adjoining Property, which may not by utgeasonably denied. The Owners of the Appurtenant Property shall have the right, however, without first obtaining the consent of any party, to reasonably remove any other obstructions which overlay or rest upon the Premises and which may injure or interfere with the owners of the Appurtenant Property's occupation and enjoyment of the Easement. Use of the Easement for all of the purposes herein stated shall be with the full and free right in common with all other persons having the like right, at all times hereafter including, without limitation, the owners of the Adjoining Property. As a consequence, the owners of the Adjoining Easement Deed -Page 7 11-4-013.96 • Property and their respective tenants, visitors and licensees shall at all times hereafter, with or without automobiles or other vehicles or on foot, cross over, pass,. repass along and over, and obtain ingress to and egress from the Adjoining Property for all purposes connected with the use of the Adjoining Property. ., COVENANTS RUNNING WITH LAND: Each and all of the provisions of this instrument are intended to be and shall be construed to be covenants running with the land. GRANTORS' TITLE: The Grantors warrant to and agree with the Grantees that the Grantors are vested with merchantable fee simple title to the Premises, that the Grantors have the right to convey this Easement and that the Premises are free and clear from all encumbrances. BINDING EFFECT: The provisions hereof shall apply to and bind the successors, heirs and assigns of the respective parties. IN WITNESS WHEREOF, the Grantors have executed this instrument the day and year first above written. ELNORA L. JO ON, individually ELNORA L. J HNSON, as Trustee of the Testamentary Trust of Floyd T. Johnson, deceased L. B. INDUSTRIES, INC. --~'~.' Title: ~,ceCw~~~ Vi.s.~~rc~t.+~-~' ROUNDTREE AUTOMOTIVE GROUP, INC. By: Title: Easement Deed -Page 8 11~-013.96 • 1 • , STATE OF IDAHO ) )ss. County of Ada ) ~ ~-lo~ ~-~- y in the ear 1997 before me, a ~+ ~'s `~°p ~R-r On this •2~ day of ~ Y W • (ork _ a Notary Public, personally appeared ELNORA L. JOHNSON, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS VVI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 'to4~$A W, c ~h ~p~~Y ~,~~ v - ~'~ ~, ~ * rustiti ~o e '~ rB 04 ~ ~NM~NNN~ STATE OF IDAHO, ) )ss. County of Ada ) • ~~wt~c. Notary Pu c for State of Idaho Residing at: ~4 ~- z"c~e.l~.o My Commission xpires: 10 -?~_g r. On this ~~~'day of ~~- b ~ ~-w-y , in the year 1997, before me, e ~+ ~'S - ~,,~ . e (~.rk , a Notary Public, personally appeared ELNORA L. JOHNSON, known or identified to me to be the person whose name is subscribed to the within instrument as Trustee of the Testamentary Trust of Floyd T. Johnson, deceased, and acknowledged to me that she executed the same as such Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. X04 Y ~ V ~~ G ~ ~ pU8y1 O ti~~! TB OF 1~.~''• Notary blic for S ate of Idaho Residing at: f4 ~ T'~°'4' My Commission Expires: /o -~ -r7 Easement Deed -Page 9 11.4-013.96 . , ~-~ ~-~ . ~~. STATE OF IDAHO ) )ss. County of Ada ) ~'~ of ~L6~~' , in the year 1997, before~me, ~~/s~p~ _ y_- (,~. C !oy k a Notary Public, personally appeared K ~ Kass ?~' `^~ ~"` ' „ ~.;,,~ 1f,~. ~~,~ of L. B. INDUSTRIES, INC., the known or identified to me to be the F~- corporation that executed the instrument or the person who executed the 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 written. ~04~ ~ ~gy ~ * Notary blic for State of Idaho ,~o i ` Residing at: ~ s ~ - ~ ~,~ ~, My Commissio Expires: /a- ~8- y ~ ~rA'f8 04 STATE OF IDAHO, ) )ss. County of Ada ) On this ~ day of /~cU'~h , in the year 1997, before me,~~Ac~{~L G(,16r1f~ . a Notary Public, personally appeared o~ W ' rP ~ - d~~ ~' of TREE AUTO OTIVE known or identified to me to be the GROUP, INC., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. -: " ~~: ~`..~. ~,;~ IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day .:,..,., and year first~abov_e written. ;,.~ ,,,~~~~~~~~~•~~,,, 's Not ry Public for State of Idaho ~,~,\~ ~~ C,y''-., ~ ~ e ' ing at: r„1~~~ 1.11 2~ :- . '~~. ~ •: ,. ., •;~ ~, ; ', a . . _ :,` ..,, ; z My Commission Expires.:J..~ Easement Deed -Page 10 11-4-013.96 ;<;~ r• PIONEER TITLE J. D~Vi[:r ,4t y~`'•'~~r ~ '` ~ y 4 0 I S E i D A n.~••~ C.mNr+ _ PIONEER TI1 L'E C4MP~Y ~ 1 11 2 OF ADA cou '( ~~ ~~ ilk . _ _ 5 Idaho 83704 / Telephone ) gg8 North Cole Road / Bo'~se, II ,,,, _ t, FEE _tU~- ~"i GUEST OF ' RECOP.G~C :•~ Tn:. .,~ ,-~~, ~~ . ~,,. ~ APPROVED . .. ~ , ~~ "` ~~;~t~'~'.e1Rt3't•" `• .. ~ F !; . •.3i' ~ij.. ~ `; (1NDIVI1jL)AI.) ^• f" ` • ~,~~``.,#~- ~ ' •~ ~ • LEE•, HIS; ONLY SPOUSE SINCE JANUARY • ~'~ JONAS E. LEE, JR.~ AND MARY L. ,• • FOR VALUEI USBAND~AND WIFE •. 21, 19 8 , ~~ bargyin, sell and convey untoL~MONT KOU$A AND LYNN KOUBA, HUSBAND • •~ Grantor s , do hereby gF {'~D WIFE .. . ID , 83642 describedas• ~' .'; the Grantee s ,whose current address is3 8 7 5 .E U STICK , MER C ty~ State of Idaho, more particulary • : ~ ~~= •`~"'the following described real property In ADA WHICH ,. ~~-.~ • t wit' WHICH BY THIS REFERENCE BECOMES APART HEREO , .:':k .. ~~•follows, o- IBIT "A" . - ' :~~.',.n~ • ':.SEE ATTACIIED E~ ~ ~ O 1 1 ~ 3 IS COMPRISED OF ONE PAGE - Y~' '+~~~'~~',~•' . - ECORD TO -ADD MARY L• LEE SIGNATt1RE, co~cT~ `~` j~;'D~A`jID I',•~''•~~~R p10NEER TITLE •..; ;,~I, NOTARY AND, ADD ADDITIONAL ACKNOWLEDGET~:ZT :• . •a g;' ,. r t Y ~ ~.Q1'11 1('(11 n~~ ~ 1 1:.~. vlo ~ ~/•~~ 4 '~~ !~ 1;,. F ~';,° ~j~4~a+ ~i :f y r A t 1 r . f r. ,~ ~, y ~,r.~ ti•~ ~t ~1~Jy,~', `a`",t~S'••- ,.,. ••tj~wY/ t (i~ :~r~'~' '.rR~'4r•~~~ ~,,y "~S" r'~ 1 ~•;~~ i' •+,t •.r~ 4~ ,. Ya~~-va~~ .. '~h .~~~; ` p (s•~~ " ~y.~ ~.~~j fj ~. ,~ ..~ ~st7'~~~,.~t~'h w~ f .~, f _ •.. -. . !~~1~,'s. ~ tt~ w"r 1.~~ ~ 1S:r Yf'+'~ ~~E E~~.D r'~'C. , v ',br''S , ~• , '$e f''. y~ ~ •rf'~ ..-,.~ r,. •. .f;•L`4%~na.sTti ,.. . .. "~~~A~'..'.•.' ,~~ "f~#'{tit'a~tleirs I •,a ~,~~ J ... .~.T• rJ 1 - i• _ .....-..-.a•'r :!i•'• . 1. ~ ........ ~^'~"`~S,~'d GfaSltCC 8.~.,.SIIdG~~E~`i9~i. '•,~ '~~ ' ,~' " . -.. ' :, '-'•' ' :;. ~ ~ •, , with thcu n urtcnanccs~unto tees', the G~r~tors'~are. the '~k~~. ,1,.,;wr~..~...`•. _ remises, '~esaidGran d~ W~* ~•,~,:n •~,; , .I.O•~~ ~tp TO HOLD the said p hereby ~eove~nant to and with ~ : those to which. this ,. EXCEPT lions, :;; 'and assigns forever. And the said Grantor s do and' hub ect~to resrnra remises; that said premises are Gee froci all'encumbranccs, r ,_ , • eats, encral taxcs~, . ov,~nar, s in' fee simple of said p of iecord; and'g ~ tand,asscssm Vc an,ce is expressly made subject and those made, sufEcmc ~s, (fn~Y the'Grantee s + a able,andtliafGrantors coa y is of way_and agr which are aotyet due and p Y _ __ . _ Tesi~n~o~+ dcdtcations, .casements, r-gh if an .tor the currcatyear, ('includes uriSatioa and utility assessments, (' Y) vcr,' all lawful claims wtiatsoc 'and defend the sairic from ~ r 4 willwarr~. • ~ .: w~. ,:,r• ++~ ~:' :Dated; .'March' '.01, 1994 '.. •... . , ~~ ~ .. .. . ~;~.;~~ ~,, r J, / G j ~' ~ 7 X • ,~~ • :~ ~ ~. " ~ ,;. ;f ;~, ., f~~r,"'~~ ~ ~ ~ ~ AFFIDAVIT TO CORRECT LEGAL DESCRIPTION ,. ' ~~:, ~ . . .. _ .r. ~N ~. ... ~ .f `"~~'~, ~ DOUG BROETJE CERTIFIES THAT HE IS THE VICE-PRESIDENT OF PIONEER TITLE COMPANY OF ADA COUNTY, AN IDAHO CORPORATION, UNDER WHOSE SUPERVISION THE LEGAL DESCRIPTION USED IN. THAT. CERTAIN WARRAN DEED RECORDED MARCH 2, 1994, UNDER INSTRUMENT NO. 94019183,E RECORDS OF ADA COUNTY, IDAHO, WAS PREPARED; AND WHEREAS, THE LEGAL DESCRIPTION CONTAINED IN SAID ,WARRANTY DEED .CONTAINED A TYPOGRAPHICAL ERROR WHICH IT IS ".'i-iia PURPOSE OF THIS AFFIDAVIT TO REFORM AND CORRECT; AND ~_,'. WHEREAS, IDAHO CODE SECTION 55-8:.6 PERMITS THE RECORDING OF AFFIDAVITS AFFECTING THE DESCRIPTION OF REAL PROPERTY AS PART OF THE RECORD TITLE OF SAID REAL PROPERTY. -NOW, THEREFORE, ON THE AFOREMENTIONED INSTRUMENT, THE LEGAL DESCRIPTION IS HEREBY CORRECTED TO READ AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF . ~';~~;~; ~; , ~: ~.r. • t DATED THIS 8TH DAY OF MARCH, 1994. , .,., _ DOUG BROET VICE-PRES DENT ~~ • PIONEER TITLE COMPANY OF ADA COUNTY ,, ~. fit ,~ .SUBSCRIBED AND SWORN TO BEFORE ME A NOTARY PUBLIC IN AND•~'FOR•, 7'IIE ~,~~ ~'~ '' STATE OF IDAHO. ` ~'• ~ ' ,,~~p•pa•iq••~ , •`~~ ~ Okb,~''• NOT PUBLIC ~~~ .... r ., ;~'~ •.•'•~ ••'•.P~y.%~ RESI I 'G AT 1~1En1 ~,Q'~~, ~ECORUER C7 ~ o~ ~ 7 ; E,,, : COMMISSION EXPIRES ~°2 a` ID • ~ 0 • ~ • ~.. F., F~~ ,~.. ••••,••~~~•~~•` ~ ~' ~ FEE ~. ~~~` ~GEP; ;. a , r RECOROCQ A?'I !Ed E ES ,~OF >} i, ~;,~~ *~,~i. to ,~ 4 .:~ . ~'..~ Y ' • ~ y - *~ 't,#' ~~ ~ ~ EXHIBIT nA~i ~. ~ ~t .~.~F`L' ~)~ ..a~.e ~'~, t. .. .. f ~ ~+~+ ",M11fi,{'F'~i , , ~ r ~~~~o ra r ~ F~~.t EEGINNING AT A POINT ON THE SECTION UNE, BETWEEN SECTIONS f; ANO '7, TOWNSHIP 3 NORTH; RANGE 1 EAST OF THE BOISE MERIDIAN, 1N ADA COUNTY, IDAHO, SITUATED IN.18Q FEET NORTH 89. D'=GREES 55' EAST OF THE QUARTER SECTION CORNER BETWEEN SAID SECTION 6 AND 7; THENCE NORTH 89 DEGREES 55' EAST ALONG THE SECTION UNE BETWEEN .SAID SECTIONS 6 AND. 7, EAST; t5b~,FEET TO A POINT; THENCE SOUTH 0 DEGREE 05' WEST 660 FEET MORE OR LESS TO.A POINT ON THE SOUTH UNE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, OF BOISE MERIDIAN: THENCE SOUTH 89 DEGREES 50' WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO A POINT ON THE NORTH AND SOUTH CENTER UNE OF SAID SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE 'BOISE MERIDIAN; " THENCE NORTH 0 DEGREE 18' EAST ALONG THE NORTH AND SOUTH CENTER LINE OF SAID~SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN 3G0 FEET MORE OR LESS TO A FOINT, 300 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 6 AND 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN; THENCE NORTH 89 DEGREES 55' EAST 130 FEET TO A POINT; ~ THENCE NORTH 0 DEGREE 05' EAST 300 FEET TO THE PLACE OF BEGINNING; SUBJECT TO ROAD RIGHT OF WAY ALONG THE NORTH LINE THEREOF ON THE SECTION LINE BETWEEN SECTIONS 6 AND 7, TOWNSHIP 3 NORTH RANGE 1 EAST OF THE BOISE MERIDIAN. JCCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY OF FAIRVIEW AVENUE. , ~~ CND OF LEGAL DESCRIPTION '~ ~ i ;~. r ~qi~~,~ . ~4~a- ACKNOWLEDGMENT •Individual'. .~. .r. ~~ .~~,~, ~ ~d; "`1f,~„^ is r;: ~~'. 1. t . i; . ^~} ~ ~_ , - 4 av ~,~ f* ,• 4. 7~ .. ~' .r~ 5~;,;~ STATE OF Cd.~~ ,County of Lf~c.~ "; as. ' , v4 ~ , xr. ~ r • On this aq of , in the year of -~L~ ,before me _ ~ , a notary public, personally~~~sr known o~r3p5~daa,;ne to the in~uz~~ent, .~ . :~: ~..~ • 9~ LIC '. ., F •.~ Via: , F ~, ,~ ;, - It .. . ,' be the person- whose ame_ - subscribed i acknowledged to met t~z he_ ex• cu same., Notary Public: ~ ~ - i. Residing at: • E IDI , MY COMM. EXP. 3-12-96 ,vt.y Commission Expires: - .::~.~ . ~-~ ,,~.t ... ~, . , is ~ ' ,;;.. .. ,~. , ~~ ~ WE~ItI~AN'j'Y DEED ;~ l , kEF.D a widower, l'nr ',':,lu~r I;crri+ed CLF.;i r I ~ •r. .. i i :h:: t;r;n,:r~r ~I~r es hr•rci,y ,,^r:,nt, i,:,ry;ain, sell xnd rnnaey unto ; ~ ~,; .IU:~%+S 1•., [.1;E, JR, and Si+].L'i Al;h LEE, husband and wife, •.i:•• ;;ra(Iv,•s , :he fo!1•„+inl; descritr:d prv:n(iwr:•r, lrrt,'it: . ;~r•,• i a::l r•r; at ~ :`c`i.nt nn the ;er.ti.or. iiae ~hetween Sections 6 at?t,d 7 ;•c,.,.;,til,ii, ; :;nrCl., Itnnt;c I last of t.hn Boise Meridian, in Adaarter i r:n(inL,; [<lalto, s; t~.,rlte<I 1RU `act North 89°~5~ thencef North 89°55' ; sr•ct:ir,:t corner !,c•ct.een said Sections (i and 7; ;•.lSL nln:3„ thc• s<•cCion ling between said Sections 6 an3 7, Eest 1;0 ({.n r. to n point, ehence South 0'05' West 660 feet more or. ease ;.r, II (,Hint nn [t•,,:• ::nutit li.nr.• of. the ;forth half of thTownship 3C n„%,rcr•r ni thr• :~•.~3•t•honsC d+:arr.er of said Section 7, ::orth, l;nn;;e 1 ?'%~st c;f the };otse `deridian: thence South 89°50' ';;r,;t nlon;; the 5,~.(ti, line of the t;orth half o£ the IiW~• of the 13E'~ nf' sn i ~! pact i c`r Co n poi nr. on the ltiorth and South center line o ~:n icl Sc•cC i „n i , 'i ;;c.risai p 3 ::orr.l,, Kanf;e 1 Fast of the Boise Merid- ~~ and South center line ,. ,,(; , •• F.,:,sc nlrm:.; thc• ,north _ inn; Chcr.cc• ::nrt J , a..t of the Boise :,i snid 'actin(, ;, '!r•..•nship 3 :;ort.t, kan~,e 1 E • css Lon l,oint, 300 feet South of the ~ '!r•ridinr. sl,p i•cct ••:c,•-c• c:r i r•~ `-•cctic3ns r x ' ~, 'Ia.:nship 3 i;orth, Range 1~ t+~•arCC:• cnrnr•r °~. ~ EasC 130 feet to [{r,st of Chc• ';oiSr• :•:~r.idirlr; then r. c• ;forth h9 ;.,.c.!, n`Oi' F:nst 3t1`l te•et to tae placr_ of he~,innint;;t ;,,,ink :+t~'~~r~<' ~ [rrs•: su',icct to road ri;;ht of way j r;~`nt .ini: "~.-, 1 ncr._~• ::.or~:• ur n sections 1 ;t~•l-ec,: t,;t Cit!' `.iC•Ctlpn line brrtWCC nla:(',• tl'i C' :'r i:•t:i •I;[' :U3•t! i:~i:i;e 1 l•.ns[ ^£ tae liUi.SC 1'ler td l,An, 'i ., nn~! i. 'fc~•.:;t!;!:i;~ ~ ; thereunto i ! nll ..%ttcr r.~;itts +rncl nll c.LCch ri;,hts ~t`Yt~ae3" ... [ 1 ~ 1 bc• lnn:,i:,s, pr:c• t i replace screen, hc•%3tcr. fire;liace and irons and fixtures; one oil ' I 1 t c: t • u., .. : I, •l r , ;,i rt.l • , • . ! , ... r;r,.ntr•eS t '.r,..;; :,n,.nr?r•r,:,nc, - ,lrrtrr il:.• •.,i•i 1 .. l •rr•bt• rrr+•rnas,[ to and • :' •'• ' ,c Iha a:ciri • i ' ,. [ • .. • •r, r~ •aid lnrul 3..r• .irr, ,~; •;, .:. ~ - . 5 ., `t'•• ~~ tr :i. ~•r•pC c :r r . . Meridian Bui.ldin~ xist:n;, t::c~rt~;a+,e Lo ~ r •, . ,. .. , t,, _ ..,• .. •,. .. ,~ ar,r~ l.c,:,a ~•.SSOCin'_ion. • • tr, ltc•c.r1 ~(, 1 ~•nn ~ ,~ :.: .•. ......il, %, ... G1 .. I'• ~ ~~ • ..r•S•.! m It.n\ l ~ } . ? , ..l,3a r ~. :r ` r . , j ai:~ ,~ ~ ~~ . .. ..... r ,.....,.. !!.Y•,~s.. .... .. .....r ~ ... _ ~', ...,, R: ` ~,. ~s~.- ~ • F A I R V I E W AVENU E ~ _ _ -__- PROPOSED -* DEVELOPMENT Eat `w "--r _____ _ ~ ----------- _ o... •~ ~~~/~c o~ l GIA/LS~ ~ n/~/I ~l~U U ~ ~ ~ e ° ~ Ui~ ~7 (~/ ~/ /~a ~ ~~ p ~ ` o d PRELIMINARY CONCEPT I il o Nr ~ R OF FAlRVlEW WEST cuR E OWNER/DEVELOPER t LAa(ONT lT'OflgA W rn p N 5 c~ew,tsnotvewPnetrr 5rtvec.~roN~ 5TtV!`BNNBRIA6C a' 887-2288 RICHARD A. JOHNSON 9• PUNfINC STRIP A - 6400 sgft VROFd'SS/ONAG LWO 371dYLl7JR PARKING REQUIREMENTS ~,~ 91~, ,~„w,.,q,o MERIDIAN PHASE t 2$t0 pff WNIONlC RETAIL SPACE PUNTING STRIP AUTO SALES S' ~ ~ 2 DETAIL BAYS :. IS PARKING SPACES (1 HANDICAP) 3G ~ AC ~~ 1 17 PARKRp SPACES (i WYi01CAP) ~.• Nd TREE REQUIREMENTS .I~ § , ,, r PHASE 1 28.080 pff ASPf4LLT S, .~,.~ PLANTING STRIP i zs• - ~t z d Q r F G H L ~'' STEEL BUILDING w' soy sG' ~o~ ~~ R I J K M~ f ` ~ ` ® e 3 PARK / PICIIIC AREA R~ VACANT 5 MILE CREEK .,,~t~ ~,aP ~t ~~ ..- N + ~ ~~ STEEL BUILDING -a r .2• ~ ' 26' ~~ ao~ f -- Q 3 •• 17 RE S o TYPICAL PARKING CC ~ S,(-'-~~ II L O ~ 20~ ADMiAtIMI r 7ANI t'dl tHN01G- nPIUL slpEwAUC+ ~ t °~ 0 ENq. T E oFC ~ 2 a° ~~ - 10' DASUB RY LOT 9 BLOCK 8 r • t r ORDINANCE NO. 736 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land situated in the NW 1/4 of the NE 1/4 of r+ ~~ i~ ~ j ,~ ,i ~ Section 7, Township 3 North, Range 1 East, Boise V Meridian, Ada County, Idaho, more particularly described as follows: - ~'`-~~ Commencing at the 1/4 corner common to Sections 6 and 7; --- ~~- thence along the North line of said Section 7, S - ,, 89°28'06" E a distance of 180.00 feet to a point; G~ thence S 00°34'44" W a distance of 45.78 feet to the _«,~ ~ :/~ ~' ~' southerl ri hts-of-way line of Fairview Avenue, a 5/8 inch iron pin and cap marked "RAJ 943", THE POINT OF . _. _ ._. - ._- ' ~~ thence along said rights-of-way line N 89°11'04" E a distance of 10.98 feet to i Brass Cap set in concrete, marked station 47+16.6; thence continuing along said rights-of-way on a curve to the right having a Delta of 00°08'33", a Radius of 55,916.02 feet, a Tangent of 69.53 feet, a Chord Bearing of N 89°15'20" E, a Chord. distance of 139.06 feet, an Arc Length of 139.06 feet to a point which bears S 00°34'46" W a distance of 0.25 feet from a 5/8 inch iron pin and cap marked "JUB 944"; thence leaving said rights-of-way line S 00°34'46" W a distance of 629.75 feet to the South line of the NW 1/4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "RAJ 943"; ANNEXATION ORDINANCE - JOHNSON~KOUBA Page 1 • • thence along the said South line of the NW 1/4 of t NW 1/4 of the NE 1/4 of said Section 7, N 89°42'38" W a distance of 330.00 feet to the SW corner of the NW 1 4 of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch iron pin and cap marked "Hubble 4999"; thence along the North-South centerline of said Section 7, N 0°34'44" E a distance of 373.56 feet to a 5/8 inch iron pin and cap marked "RAJ 943", which bears S 00°34'44" W a distance of 300.00 feet from said 1/4 corner common to Sections 6 and 7; thence S 89°28'06" E a distance of 180.00 feet to a 5/8 inch iron pin and cap marked "RAJ 943"; thence N 00°34'44" E a distance of 254.22 feet to THE POINT OF BEGINNING. Also a portion of Fairview Avenue, as shown on the official plat of U.S. Highway No. 30, project No. F- 3281(5) highway survey on file in the office of the Department of Highways of the State of Idaho, more particularly described as follows: A strip of land in the N 1/2 of the NW 1/4 of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian and the S 1/2 of the SW 1/4 of the SE 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, to wit: Commencing at the 1/4 corner common to said Sections 6 and 7, THE POINT OF BEGINNING; thence along the centerline of Fairview Avenue N 89°11'04" E a distance of 189.82 feet to a point of curvature; thence continuing along said centerline on a 00°06'09" curve to the right, having a Delta of 00°08'37", a Radius of 55,966.02 feet, a Tangent Length of 70.14 feet, a Chord Bearing of N 89°15'22" E, and a Chord Distance of 140.28 feet, an Arc Length of 140.28 feet to a point; thence leaving said centerline S 00°34"46" W a distance of 50.01 feet to the southerly Rights-of-Way line of Fairview Avenue; thence along said southerly Rights-of-Way line on a 00°06'09" curve to the left, having a Delta of 00°08'33", a Radius of 55,916.02 feet, a Tangent Length of 69.53 feet, an Chord Bearing of S 89°15'20" W, and a Chord Distance 139.06 feet, an Arc Length 139.06 feet to a Brass Cap set in concrete, marked station 47+16.6, the point of tangency; ANNEXATION ORDINANCE - JOHNSON\ROUBA Page 2 • • thence continuing along said southerly Rights-of-Way line S 89°11'04" W a distance of 10.98 feet to a 5/8 inch iron pin and cap marked "RAJ 943"; thence continuing along said southerly Rights-of-Way line S 89°11'04" W a-distance of 87.82 feet to a point; thence leaving said southerly Rights-of-Way line N 00°48'56" W a distance of 47.86 feet to a point on the section line common to Sections 6 and 7; thence along said section line N 89°28'06" W a distance of 91.04 feet to THE POINT OF BEGINNING, is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways shall be tiled, including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G 1., H, K, L and M of the Revised and Compiled Ordinances of the City of Meridian, and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-4-616, which pertains to ANNEXATION ORDINANCE - JOHNSON~ROUBA page 3 • development time schedules and requirements, and 11-9-605 M which pertains to the tiling of ditches and waterways . e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That the Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law, particularly, but not limited thereto, Conclusion of Law Nos. 12, 17, 19, 20, and 23, and that the property be developed as a commercial planned development or under the conditional use permit process, and the Applicant shall meet the requirements of the Conditional Use Permit, and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ # day of August, 1996. APPROVED: H -- ROBERT D. CORRIE ~~~ilftlt3l~~et~~/ ~ _ ATTEST : `~~ Ci .r~'~ F ,.,'`~'' ~~%, WILLIAM G. BERG, JR. --~ CITY CLERK ~ ~>, °+'r {`" , ~? •.~ r i ~ ~ .w ~~` ANNERATION ORDINANCE - JOHNSON~ROUBA ~'''-:~,M"~-'1`~~;"~ ' .;,:~'~ Page 4 U STATE OF IDAHO,) ss. County of Ada, ) • I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 736, by the City Council and Mayor of the City of Meridian, on the ~ day of August, 1996, as the same appears in my office. DATED this ~ fh day of August, 1996. City Clerk, City Ada County, Idaho STATE OF IDAHO, County of Ada, ) On this ~? a Notary Public in G. BERG, JR. known to the within and executed the same. ss. r~ T¢~ '~ rid~an ~' ~~+ ~'~ day of August, 1996, before me, the undersigned, and for said State, personally appeared WILLIAM to me to be the person whose name is subscribed foregoing instrument, and acknowledged that he IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sFal the day and year in this certificab~e first above written. ~9/p ~ .~'~~G E ~ ' 0 / / ~ Jry SEAL ~ =j" =, N a Public for Idaho ~ :~ ~';~ W es' ing at Meridian, Idaho ~ " ~ ~'' '~ ~ ~ ~ My ommission Expires O~ ~, as ~ ~ W /p ~'~'B.a ~f. ~.~j T ~o., _ ~' _'r. '~ ~9 ANNEXATION ORDINANCE - JOHNSON\ROUBA Page 5 • ~~~ 01 f N. //4 CORNER ,-.. , ,3 ~, N ., ~~ ~ •~~.~ ~ e` ~ '+ 1 (430`x' "` ~. 'N. B~'/S'72`f L ~N. E. l/4 SE N. ~.. _ ~ y~°~~Sai~ ~~ ~ ` _ : ,, n. .~ • Meridian City Council August 6, 1996 Page 5 conclusions as prepared for us. Corrie: Any other discussion of Council? Rountree: I think the findings reflect the discussion that we had at our previous meeting quite well. I have no problem with them. Morrow: Mr. Mayor, if there is no further discussion I would move that we approve the findings of fact and conclusions of law as written for us for the variance request by Cameron Cordova. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we approve the findings of fact and conclusions as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision motion? Morrow: Mr. Mayor, it is decided that the application for a variance to the front setback requirements for Lot 2, Block 11 Tract Subdivision No. 4 is hereby granted as it relates to the placement of the garage only. It must be placed at a setback of 18 feet or more. Rountree: Second Corrie: Motion was made by Mr. Morrow, second by Mr. Rountree on the decision, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #736 - KOUBA ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anybody from the audience that would like to have Ordinance #736 read in its entirety? Hearing none t will entertain a motion on Ordinance #736. • Meridian City Council August 6, 1996 Page 6 - • Bentley: Mr. Mayor, I make a motiorf that the City of Meridian adopt Ordinance #736 with the suspension of rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve Ordinance #736 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING CONTINUED FROM JULY 16, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AUTOMOTIVE USE BY LAMONT KOUBA: Corrie: I will now open the public hearing and invite the applicant to start. Bob Daugherty, 5001 N. Eugene, Boise, was sworn by the City Attorney. Daugherty: Mr. Mayor and Council members, we are before you again this evening and requesting the conditional use permit for Mr. Lamont Kouba. I believe during the last meeting we pretty much covered all of the issues, we were waiting however for the annexation. I don't believe that there were any additional concerns if you have any I guess I would be prepared to answer those at this time. If not I guess we would just seek approval. Corrie: Council, questions? Morrow: I have just for recap, Mr. Daugherty, this is the parcel that is 3.87 acres, ar~d there is an access agreement between yourself and the adjoining parcel? Daugherty: That is in the process right now. There has been a draft that has been forwarded to their attorney and they are in the process of reviewing that right now. Morrow: It seems to me that there was a little sliver of property at the very bottom of this parcel of ground that someone was supposed to research and see who owned with respect to access. Did your owner own that property? Daugherty: There is a property directly to the south that according to the tax roles an owner by the name of Daley with no address owns it, we have no further information on • Meridian City Council July 16, 1996 Page 8 - ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision or recommendation? Morrow: Mr. Mayor, The City Council of the City of Meridian approves 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 that the use should be denied if the owner does not give his consent. Rountree: Second Corrie: Motion by Mr. Morrow, second by Mr. Rountree on the decision and recommendation any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING:. REQUEST FOR ANNEXATION AND ZONING TO C-G BY LAMONT KOUBA AND RICHARD JOHNSON: Corrie: I will open the public hearing now, and is there a representative. Bob Daugherty, 5001 N. Eugene, Boise, was sworn by the City Attorney. Daugherty: Mr. Mayor and Council members we are here on behalf of Lamont Kouba, he has a piece of property that is situated at 835 East Fairview Avenue in Meridian. He is proposing a commercial development, the property is a little under 4 acres, 3.78 acres. The commercial development he is planning on that is he is proposing would be geared towards the automotive and recreational industries, primarily sales and service. In your packet you can see the initial building that is facing Fairview, he is proposing a jet ski dealership and an automotive parts store that would be in the first two buildings. The other three smaller units to the south are, would be unoccupied. at this point but he has been talking about the possibility of like an espresso. shop, something similar in that nature and the rear buildings. That area is more conceptual in nature and that is something that we had discussed with staff members. Those buildings would be geared even more so toward the automotive type industry, as far as service type facilities. There has been discussion of items such as a welding shop, perhaps automotive detail, RV repair, things similar to that. I believe that through the Planning and Zoning Commission we have pretty much met all of the staff requirements as far as our set backs, our requirements as far as the utilities. Currently on the site or previously on the site there was a single family • Meridian City Council July 16, 1996 Page 9 " • residence and various out buildings and the remaining of the property was in pasture. To the east of our property is Rountree Chevrolet and to the west is Meridian Auto Sales. The property primarily to the south is vacant and there is a residential area that is to the south and east which overlaps our southerly property line by approximately 21 feet. In our discussions with staff members they have indicated the required set back as being 20 feet from a separation of any commercial development. They specifically required a planting strip from the residential area which we have adhered to in our site plan. I guess at this point if you have any questions I would go ahead and entertain those. We do also have a few items that we would like to discuss as far as the facts and findings. There are a couple of issues that we would like to bring up. Corrie: Do you want to bring those up now? Daugherty: I will, on page 23, item 21, it was indicating that all waterways so forth be tiled. In this southwest comer of our project we have Five Mile Creek drainage that runs through there. My discussions with Ms. Shari Stiles indicated that we wouldn't be required to the that anyway. I guess what I wanted to do was to bring that up now so that we can perhaps eliminate the possibilities of confusion down the road. Perhaps we can get that Five Mile Creek omitted from that statement there. Our property owner is in agreement with signing the development agreement. There was also an issue taking place as far as the access, we are currently in negotiation with the property owner to the east which is Eleanor Johnson. They have leased their property to LB Industries and we are in the process of negotiating with both of those folks to obtain an easement on the east side of our property, the west side of theirs. There was a 40 foot strip that was left vacant to access the rear of that property should and when they develop it. In our discussions with ACRD they required our access to be moved to the east side of our property which ACHD's requirements would be that 40 foot strip would no longer be able to be used because it would be too close a proximity to our ingress and egress. So what we are trying to do there is a shared access with them, them providing the ground and us constructing the entryway and that would also provide access to the rear of their property when they decide to develop it. There were also some concerns as far as the EPA that were brought up in the testimony with the Planning and Zoning. I guess I would like to relay a little bit of information with regards to that. I am sorry it was DEQ. There was a pest site previously on the property and there was some concerns as far as contamination. DEQ has sunk some test hole wells and they have done a lot of monitoring. Mr. Kouba has employed Mark Torf Environmental Management Company to do some work there. He since then has cleaned up the property. We have a verbal okay from Eileen Lorch from DEQ that says that the property is clean but it is going to take about two weeks to get those reports and get everything back to us. So that is an issue that has been addressed and I believe that it has been handled. There is a letter that we received also as a concern from one of the property owners which is Ruth Crow. She has a property that is two parcels to the south of us. She was indicating Meridian City Council July 16, 1996 Page 10 r~ ~_~ that her concern that her property would be landlocked if we don't provide a public access. Currently there is no public access through our property or through the property that is directly to the south of us. She does however according to our legal description we have drawn up some pictures and have a copy of her deed that if you care to see those we can show you that there is access provided to her property from the west side of her property. No less than 3 different streets and two alleys it looks like that go into her property. I guess that, I do have one more thing. The site plans that you have were revised site plans which indicated that the initial building that is upfront facing Fairview Avenue there is 340 by 25 foot areas, your plans may indicate a 50 foot that was a change that we had submitted. The second part of the planning and zoning process since then our architect has suggested that we reduce that to 40 feet. I have some new site plans which just reflect that change if you care to see those. I think that is all I have if you have any questions I would be more than happy to try and answer those. Rountree: I just wanted to reaffirm that you had no other comments on the draft findings of facts? Daugherty: I believe that is all. Rountree: I would like to see both of those items that you mentioned, the deed showing access and your new site plan. Daugherty: The shaded area on the drawing is reflecting the deed on Mrs. Crow's property. In our initial evaluation there seems to be some problems with the deed itself. But nevertheless there would still be access. Rountree: I have no more questions. Morrow: I have a couple of questions, the new site plan that you are showing us is basically flopped over and that is for the common access poir~: off of Fairview that you addressed earlier. Daugherty: That is correct. That was actually addressed in the second part of our Planning and Zoning meeting, when we had gone to them we had indicated that was a requirement of ACRD. We provided them updated drawings and I was assuming that you had those updated drawings that showed the building basically where it is. The only change we were doing from that from the site plan that they had was 40 foot buildings or that you should have would be the updated 50 foot wide building which would be the C, D and E and those we have reduced back to 40. I believe that they were 40 on that original plan on the very first one that showed that building on the east side of the property. So if that is the one that you are having then yes it is basically kind of flipped. • Meridian City Council July 16, 1996 Page 11 • Morrow: That is correct and then there is a difference in terms of apparently spaces J, K, I mean F, G H, L, I, J, K, M. Daugherty: From the original site plan that is correct. The last one we had submitted to Planning and Zoning and to Ms. Shari Stiles you must not have the updated version then. Morrow: It is apparently not part of this packet. Unless it is buried somewhere else in here. My next question is this site is proposed to be under one ownership is that correct? Daugherty: That is correct. Morrow: So this is not a subdivision process anticipated here? Daugherty: No sir. Morrow: You are aware that at some point in time if it is to be subdivided it will have to go through the subdivision process? Daugherty: Yes Morrow: That is all the questions that I have. Cowie: Any further questions from Council? Thank you sir, anybody else from the public that would like to enter testimony on the request for annexation and zoning? Gary Lee, JUB, 250 South Beechwood, Boise, was sworn by the City Attorney. Lee: I would like to hand out a vicinity map showing the property in question. We were contacted by Ron Crow who is Ruth Crow's son last Friday. Apparently he had been dis^ussing some issues with his mother and she brought ~:p this particular conditional use and annexation to him and he started looking at some of the paperwork that she received - in the mail and was a little bit concerned with the property. As stated earlier a letter had - been sent to the City by Mrs. Crow requesting that a public street be considered to provide access through this proposed development to their south boundary. As you can see on the vicinity map is probably similar to what you received earlier where her property is located in relation to the planned development. We show that there is one public street access in the property on the west boundary that being Washington Avenue. There is a small private road in that Catherine Park Subdivision kind of down on the South end but it is not a public standard road, it is quite narrow and probably would never be convertible to a public road. As you can see there is no access into Danbury. Badley Avenue which is to the west through another parcel could eventually be extended to this property at some Meridian City Council July 16, 1996 Page 12 future point. The concern that we had noticed looking at this not only the Five Mile Creek being an obstacle to cross but to service her property north and east of the File Mile. But the length of the proposed street coming off Washington into the subject property would be the 450 maximum length allowed by the City of Meridian for access to properties. We see a real need there for a secondary access point somewhere in that northern say 30 or 40% of the property. The comp plan calls for mixed planned development in this particular area. I suppose that could mean a number of things, although there is no specific plan in mind at this point. I can see probably some mixture of single family, maybe some duplex and maybe even some apartments. There are apartments now that border her property along the west boundary so maybe there could be some transitional things going in there. But in any event we would have to have an adequate public road system to service this area. Particularly if we have some higher density developments in there it is going to generate some additional traffic that would probably be better to exit to Fairview rather than going into the local streets that are in that Washington Avenue area. And again we would like to reaffirm Mrs. Crow's request that the City consider a public street through the property that is before you tonight. If you have any questions I would be glad to answer them the best that I can. (Inaudible) Morrow: Gary, I have a question here, on the northern boundary of the Crow property and the southern boundary of this property before us it doesn't look to me like the are contiguous, what is the little, what is this and what is this? Lee: That is separate ownership. Morrow: Both parcels they are two different parcels of ground here? Lee: Yes Morrow: And are they the same ownership or separate or different for those two? Lee: I don't know for sure if they are or not. Any road that would come down there would obviously have to go through there. That particular parcel is going to need access as well. Morrow: So really the bigger issue here is access, the Crow property at least has one access and potential another one on Badley. But these two properties here have no access. Lee: They are in worse condition, absolutely. ! • Meridian City Council July 16, 1996 Page 13 Morrow: Thank you. Corrie: Any further questions of Council? Thank you Gary. Anybody else from the public that would like to give testimony at this time? Council, questions? Morrow: Mr. Mayor, I have some questions of Gary and Shari, either or both. With respect to these two parcels that we have identified, Gary do you know if they are under different ownership and what the status of those properties? Smith: No I don't Councilman Morrow. Morrow: And would you have a proposal for access to those two properties? Smith: No Morrow: Shari, do you have any thoughts? Stiles: I don't know how they would get access except through the Ruth Crow property if there is no access through Fairview. Morrow: Let me ask you this, what does our comp plan call for for those two properties? Stiles: Those are in mixed planned use development area. Morrow: Thank you Corrie: Any other questions from Council or staff? Rountree: I would have a question for the applicant. It appears that there would be an enclave of non-annexed property that would have no access with this proposal and the way the property boundaries fall to the south. Would the joint use of the access off of Fairview be one that the applicant and the owner would consider either permanent easement or public access to provide that access to that parcel of land? Daugherty: I guess currently what we are looking at is there are two other properties that are in between that parcel of ground and they actually do have access to that property off of Washington. I guess because of the fact that Five Mile Drainage in is in there that is just a problem with the parcel of ground itself I guess. I don't see that us granting an easement is going to solve their problem. Tolsma: Are you speaking of the two parcels of ground directly south? Meridian City Council July 16, 1996 Page 14 - Daugherty: No, there are two parcel of ground that sit, they vrould be to the south of us and north of the Crow property, there are two separate parcels there. There is a one acre parcel and then there is another strip in there that they are under separate ownership they are not under the same ownership. (End of Tape) sent to the Mrs. Johnson who is also the property owner of Rountree which is to the east of us. And then there is another, the smaller parcel there is property held by I believe it is Daily so it is two separate individuals. I guess what we are saying is the property basically has this problem to begin with and I don't believe that should be something that we should have to resolve. I guess that is something where they do have access there are ways to get over Five Mile Creek and access that property and we believe that should be their responsibility to handle that. Tolsma: Have you talked to the two property owners that are directly south of you, those two small parcels? Daugherty: Specifically I have not. Tolsma: So you don't know what their thoughts are about being land locked in there? Daugherty: I believe that Mr. Kouba has talked to the Johnson's about that parcel but we haven't been able to contact the bailey's at all. At this point there, I don't believe that there are any current negotiations to purchase that property now. I guess I might add one more thing, the gentleman from JUB had indicated that they might look ~ something like, {guess it was hard to say, something like apartments or town houses 1 guess in that area. We don't feel that a street I guess going right down the west or the east side of our property to access a bunch of residential units going right down through the middle of strictly commercial development, I just don't feel that would be an appropriate use of the site the way that we are proposing it. In addition, the access that we are proposing is on the east side of our property which is actually on the Rountree property. If you follow that line down that easement that we have worked, that we are in the process of working out with them, what it would do it go directly into the back part of that Danbury Subdivision without having to make a right turn and then go south, go to the west and then south. I think that we are -- basically putting our project in jeopardy by doing that. Corrie: Mr. Daugherty, are you aware of a letter from the APA to the Planning and Zoning Administrator, did you get a copy of that? Daugherty: Yes sir I did, it clarified a couple of issues. Their initial statement was that they wanted a sidewalk constructed from our front building to the sidewalks along Fairview Avenue. In that particular location there are no sidewalks along Fairview Avenue. They have indicated that what they would still like to see and I think we would be willing to go ahead and do that is to construct a sidewalk from our front building there to the right of • Meridian City Council July 16, 1996 Page 15 • way of Fairview Avenue. I believe hat was their preferred option. Corrie: Any further discussion from Council? I will close the public hearing. Council discussion or pleasure? Morrow: Mr. Mayor, if I might with respect to the issue of access, it is a very difficult issue. However, what we are doing here on Fairview, particularly on this site is we are creating a line that exists between residential uses and commercial retail types of uses. If we extend the line that has been drawn for Danbury Fair that would seem to indicate that everything south of that line is a residential use in some nature. Now it appears to me that it is going to take some operation amongst property owners in that area for those folks to get their properties developed at any rate, no matter what is done with this particular property. So, it is a tough issue with respect to access but I don't think you access the two parcels that we are talking about here when we are talking about a joint access along a common property line between the Rountree parcel and this parcel. And so, I don't think you can get to these two properties without effectively taking away the use of the property before us. With respect to the issue of the sidewalk and APA there is provision within the findings for the staff report to deposit to ACHD's trust fund I think that is an appropriate manner of handling the sidewalk issue. There are no sidewalks anyplace along Fairview in this area. So I don't think it is reasonable to expect to have those built now, there are also no specs for those. So the logical course of action tome seems to be to deposit to the trust fund and at such time as they are built they are funded by ACRD. Those would be my two thoughts concerning the two issues that were brought up. Corrie: Any other comments from Council? Mr. Rountree? Rountree: I agree with Walt with what he said with respect to the sidewalks. I am somewhat concerned with the potential difficulty of providing access to that parcel. And by acting on an annexation and or use when the property on Fairview potentially land locking that site particularly being the middle property being owned by one of the awners that is involved in this and I don't know that there is recognition that they are doing this to themselves. I would like to see that some kind of an effort made with those property ~-~ owners that they are aware of what is going on. Even though they have been noted of the hearing I believe some effort should be made with the Johnson property to make sure that they understand that they are severing any ties with the adjacent property. Morrow: Question, Charlie, what would you do with that property? The thing is if you are going to have a line between commercial and residential at what point is potential access, what benefit is it? Rountree: I guess I am more concerned with the access proposed for this site is actually ! • Meridian City Council July 16, 1996 Page 16 on property owned by that middle, by the people that own that middle property at least that is how it was represented that is who is paying taxes on that property. I guess if I was assured they do that was going and they wouldn't find out at a later date and all of a sudden get into a situation where they got contrary about providing access to this property and then seeing this thing again. Because access shifts or changes on Fairview. That is the only concern that I have. As far as what I would do with it I would sell it. Tolsma: I might ask a question of Mr. Smith over there, Gary, do you have a copy of this, well directly to the west of Mrs. Crow's property right about in the middle isn't that where the apartment complex is located? Smith: Yes, correct. Tolsma: And wasn't that in future phases supposed to have access to Fairview Avenue? Smith: That is what they reported yes. Tolsma: And they were also going to tie into Badley Avenue at that time? Smith: Badley does tie into the complex right now. Tolsma: And when the future development then would go to Fairview Avenue. Smith: Yes Tolsma: So then at that time then possibly Badley could run into the northern part of Mrs. Crow's property? Smith: Yes sir. Tolsma: And then we could probably also have partial access or provide for access to this -- property then to the west those two little parcel that is between Mrs. Crow's property and the proposed project. Smith: You would have to cross Five Mile Creek with a bridge. We also have a sewer line a trunk line that extends from East Crossbill Court to the west through that second parcel of property over to Five Mile Creek and then north along Five Mile. Tolsma: It goes down Badley to Five Mile Creek? Smith: No, Crossbill Court in Danbury Fair Subdivision to the east of the larger of those Meridian City Council July 16, 1996 Page 17 - • two parcels between Crow's property and the proposed project. Tolsma: The little strip to the east that is in there that goes to the property line at the end of the culdesac? Smith: Yes off the culdesac yes. There is a sewer line trunk in there that extends to the west across that, see where that stub drain is, it is just north of that stub drain and it runs over to Five Mile Creek and then north on Five Mile. So that property has a sewer trunk that crosses through it also. It might be a good spot for a small neighborhood park. Morrow: If I may ask, Gary, with that easement extending to the west that means that there is no building on top of that easement through that property. It appears to me that it leaves just a little, it would leave a very small sliver on the south side of the easement. Smith: If that stub drain is correct, if everything is in scale on this drawing that is correct. Morrow: So we are rapidly looking at a piece of property is pretty much consumed with as Charlie says there is not much developable there anymore. Tolsma: (Inaudible) Corrie: I must assume that we are waiting on a comment from Gary. Smith: I am sorry, I am going to have to ask for you to repeat that. Morrow: It was a comment from the standpoint that with the easement to the west for the sewer interceptor and with the stub drain and the Five Mile Drain we are not talking about a piece of property that there is much left of is that correct based on this drawing that we are seeing? Smith: Yes sir correct. Morrow: And for the most part that is not buildable or it wouldn't be buildable except for the stuff to the north of the easement it appears according to this. Smith: Yes Morrow: And Ron has indicated there may be an access to this property from this piece right here where the multi family is. Tolsma: It might be that you have to build a bridge. • Meridian City Council July 16, 1996 Page 18 ' Morrow: Across Five Mile. Smith: If you extended 5th Street where R-15 is noted down there, Washington and 5th, 5th Street right now extends north through that parcel that is numbered 1304 and it ties into Badley Avenue which extends from the west to the east. That exists right now, it doesn't show on this map but that is in place out there. It is a private road through the apartment through that 1304 parcel. Badley I believe is a public road over to the boundary of that parcel and I am not sure if it continues on or not but it does connect with an extension of 5th that is a private road. The gentleman that developed the apartments on parcel 1304 had plans to extend 5th Street north to Fairview. I don't know if he owns that properly above 1304 or whether that just has a zero in it, it is labeled R-8 open field. What the plan was to extend 5th Street north of Fairview and continue the apartment development (inaudible). As Councilman Tolsma mentioned at that time Badley could conceivably be extended over to the Crow property for access to that property. And it would have to cross Five Mile Creek to get to her property that is on the east and the north of Five Mile. If there was any access needed for that property between this project that is being proposed and the crow property it could be provided from the crow property but again there are several what ifs in that line. Rountree: Given that explanation I am a little more at ease about being able to access those parcels. Tolsma: (Inaudible) Morrow: I have no further questions. Corrie: Any other comments from Council? Entertain a motion on the request for annexation and zoning to C-G. Morrow: Mr. Mayor, we need to do something with the findings of fact and conclusions as prepared for Planning and Zoning. I guess my inclination would be to adopt these with the added phrase that exempts the tiling of Five Mile Creek. Bentley: Second Rountree: Was that a motion? Morrow: That was just a point of discussion. I will make it a motion, I move that we adopt the findings of fact and conclusions of law as prepared for P & Z to be amended that under article 21 of the conclusions that we add the phrase not required to the Five Mile Creek. • Meridian City Council July 16, 1996 Page 19 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law by Planning and Zoning with the addition to item 21 on page 23 not to the Five Mile Creek, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor I would move to instruct the City Attorney to prepare an annexation ordinance. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree for the attorney to draw up an ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AUTOMOTIVE USE BY LAMONT KOUBA AND RICHARD JOHNSON: Corrie: I will now open the public hearing, Mr. Daugherty. Bob Daugherty, was sworn by the City Attomey. Daugherty: Again we are here on behalf of Lamont Kouba, just a continuation of the annexation and zoning in requesting a conditional use permit for construction of a block. building facing Fairview Avenue which is reflective of your site plans. We have brought along some pictures and also an architectural rendition of what we anticipate the front building looking like. The pictures are of a development that is over in Boise that is very similar in construction. The artist rendition will actually show more along the lines of what our building would actual look like. If you would like to see any of these. The small picture down at the bottom we are anticipating that those will be R & M Steel type prefabricated buildings and those would be the buildings that would be located to the south of our project and those we would anticipate would be very similar in nature to the ones at Rountree Chevrolet. We have had several discussions with staff members along with Public Works Department and the various utilities. All of the utilities are on site, we have as previously discussed a sewer main at the southwest corner of the property. There is power and basically all of the other services are located off of Fairview Avenue. We SEE ATTACHED COMMENTS MERIDIAN CITY COUNCIL MEETING: July 16 1996 APPLICANT: LAMONT KOUBA 8~ RICHARD JOHNSON ITEM NUMBER; 4 REQUEST• REQUEST FOR ANNEXATION AND ZONING TO C-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P 8~ Z MINUTES FROM 5-14-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS R SEE ATTACHED COMMENTS 'F (~ SEE ATTACHED COMMENTS J~ ~4~ ~"~ . . INTERMOUNTAIN GAS: ~~ ~ ~ ~ ~ G~ ,w(/V p BUREAU OF RECLAMATION: ~'~j~ V ° (~' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~, Meridian Planning & Zoning Commission May 14, 1996 Page 33 Ownby: They faxed that to me, I talked with Lou Sanchez yesterday and they had not received a notice and so they faxed it to me about 4:00, so here is (inaudible). Johnson: Are we in receipt of this Shari or Gary do you know? Actually it was sent to the Meridian Planning and Zoning Commission. It really is very short, it only says that the Idaho Transportation Department has reviewed the application and access will be prohibited from Eagle which really according to Mr. Ownby doesn't appear to be a problem because it hasn't had access for years. We will enter that into the record and copy for distribution. Any. further comments Mr. Ownby? Any question of the representative? Thank you Dale, this is a public hearing, is there anyone else that would like to offer testimony on this application? Are there any comments from staff? At this time I will close the public hearing. What is your pleasure gentlemen? Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: It has been moved and seconded we have the attorney prepare findings of fact and conclusions of law to be taken up at our June 11th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY RICHARD JOHNSON AND LAMONT KOUBA: Johnson: At this time I will open the public hearing and invite Mr. Johnson and Mr. Kouba or the representative to address the Commission at this time. Bob Daugherty, 5001 N. Eugene, Boise, was sworn by the City Attorney. Daugherty: Mr. Chairman, Commissioners, I am here on behalf of Lamont Kouba who owns a piece of property at 835 East Fairview Avenue here in Meridian. The property is currently in the county, we are requesting an annexation and a rezone. Currently the property has a single family dwelling with various out buildings and the remainder of the property is in pasture. We are proposing a commercial development which would be primarily geared towards the automotive and recreational industries. Our initial buildings up in front we would have an automobile parts store, at a jet ski dealership. We have also been talking about espresso and/or coffee shop in that same initial building which would be the one up facing Fairview. We have had several discussions with staff members and ~ ~ Meridian Planning & Zoning Commission May 14, 1996 Page 34 e met the majority of their requirements. Your initiarsat onls wi h ACHD has I believe we hav a Our conve to be was reflecting an entry on the west side of the prop rty that entry would be too close in proximity to the ~ the east s~deaof the property indicated ested that we move that entry acceptable. They have sugg uld be next to Rountree the Roundtree Chevrolet dea fia s~ he ptexplain a Tittle b' which wo I would like to give you some revisedeiaee laoposan9 ould pe more about the development that w P Johnson: Has staff seen these yet, or do you know? (Inaudible) old site Ian along with the new site plan indicatontthe east s de of the Daugherty: The p of the property we are bordered by Me ~ us is u ~ ma~ily vacant, on the south east side property is Roundtree. Directly to the south P staff of your requirements for the 20 is Danbury Subdivision. We have been informed by stri which we have provided for in this site pla na eethat goes through foot landscape P we have the Five Mile Creek Dra 9 southwest corner of the property is a small park area which would be there. What our developer and owner is proposing for lunches and break type all landscaped for employees to be abl Ould be a block buoi di 9 is what we are propos{hat areas. The initial building up front w that was done over at Boise I do have some pictures of a similar constructed building e modelling our building after. The rear buildings would s miler n nature we would b buildings would be of an R and M Steel ~nSan auto sales` the rear' of t ear lot they have a to the surrounding areas being that Merida hat is a steel constructed building. To the rear of the Roundtree auto sales service facility t With moving our entryway over to the their building is also a steel constructed building. ert that is currently east side there was currently left a 40 footosundt ee auto salesp ACHD has informed us vacant between or right directly south of R that they would not be that should we move our entry to the east side of our grope In doing so we have been allowed to use that 40 foot strip for access to th{ 40 footrstriP with them in exchange for us attempting to negotiate a shared access on the it. Being allowed to have that as an Basemen etUwseen two caedea sash Ps constructing well. In any case I think the bottom line of this deveoopmen a used dealership but also do one being a new and used dealership and the V'I~ fit n that area much more so th ono Bid automotive repair. I believe that our fact ~elocate that dwelling it is goi ezone I would single family dwelling. We are proposing further information I guess for the annexation and off site. If you need any than repared to try and answer those questionso{ o these questhons, addeional be more p on the agenda for the conditional use permit so I-guess a questions may be addressed at that time. • • Meridian Planning & Zoning Commission May 14, 1996 Page 35 nd to et everything addressed in the first one so da a ubl c test mo'ny. as Johnson: We to 9 comes up. That is kind of the way it wor~s especially when we p that the conclusion of your presentation . Well I guess I could show you some more of whaan en re dg ess they Shave Daugherty of the staffs recommendations and also .Ada County to the sidewalk on recommended that we have a five foo nsi s'aewalk a ong Fairview Avenue in that area. Fairview Avenue. Currently there isn t a y wanted a curve along Also, in the recommendations from st e rand. n au discuss ons with ACRD they have Fairview Avenue to give it a finished app that our fees that we pay to them our impa~ fees tements onFairv ewaAventue indicated im rov going to cover is at the time that they develop or do any putter at that time. -They are that they would go ahead and construct that curb and g to lace in a trust account a little over $1200 f an body totgo alhead and requiring us p sidewalk which would, we don't really think that itown ~e eeand redo Fairview Avenue thus put in that curb in there considering that if they g uld be torn out and a waste of funds. Currently thew on the northeast coaner of our it wo servicing the fire hydrants in front of Rountree and i and have determined property. We have had several discu extend thattl ne over to the west side of our property that they are going to require us to airview Avenue. Of course we are willing to do that. d tthere1es that 35 foot setback along F indicate of course with recommendations from staff they to berm and eein as how it is a main corridor into Meridian. a have also addedPandscaping and I s 9 landscape as well. Most of the parking areas w e have met the requirements as far as the number o{ nece sarily agree w th. believe that w really don't see anything else in the staff s remarks that we on curve along Fairview there we don't believe that a hedr f m ACHD Th Y Other than the discussions with Karen Galt g I believe that, I am basing that on mY to the south. They indicate that it is an R-T and were a{so inquiring about the property uess they were just currently it is just vacant they had some a fe ang oa and caping• I guess that is questioning whether there should be som .n that can be discussed. But currently it is just o rd fence aThe new site plan somethi g which is Danbury Fair Subdivision and it already has a b that. If we are unable to we're actually taking a look at thoa{ w~l fe ~ a~tual~y going back to the initial site pand accomplish that then what we will d eed a little more work but that same basic config ha t~accesshdown the ea ement it will n in it over, providing t basically be mirroring it and flipp g property line. w far have you gone in these negotiations you have talked about the Johnson: Ho easement? ~ ~ Meridian Planning & Zoning Commission May 14, 1996 Page 36 Daugherty: Initially we had, my employer talked to NI indi~dus who nlturn who has property owner, she has leased the property to another subleased it to yet another individual. Initially when we a 140 oottaccesspto that~ear believe that she was aware that she would be losing th property. So we are going to be discussing that with theess'that with heraHopefull ythey property and then if they are receptive then, we will add will be addressing that with us. Johnson: It seems like that is pretty important. Anything else to add? e :The were questioning I guess the wells in the staff report, there otherNOne we Daugh rtY Y currently on the property, we anticipate that we would abandon one and th are anticipating using that for the pressurized irrigatio is {stew d answer thoseall I have if you have any questions I would be more than happy ~'Y Johnson: Has staff discussed with you our ordinance with respect to the domestic wells and use thereof? Daugherty: No they haven't, all that was indicated on the staff report that we received was that it would be abandoned or it could be used for pressurized irrigation. Johnson: Right, so you do know that. Any other, anybody have any questions? Crookston: What type of buildings do you propose on these sites, particularly on the smaller lots? Daugherty: Those are not lots, they are not individual buildiu d be d v ded up accoedRg to steel buildings which would be constructed and they wo demand with partitions down them separating them for individual uses. Johnson: The one facing Fairview or closest to Fairview is block and the other two are steel right? Daugherty: That is correct Johnson: So your concept is an incubator type concept, you acquire tenants and then you would at that time determine partitions and that sort of thing. The initial buildings would be shells. Daugherty: The front two, A and B on your drawing we have prospective tenants that was the configuration that should they go ahead and sign the lease agreement that is the way Meridian Planning & Zoning Commission May 14, 1996 Page 37 to rent those and to individuals wanting they will be built. The C, D and E would be subject then the interior walls would be placed so those could vary. st so that n: Sure, one person could come in and take C, D and E as one. Ju Johnso concept is clear. u hert :And the,same applies to the metal buildings down below. Dag Y lad ou submitted this piece of paper, the map because it says quite a bit. MacCoy: I am g Y ert on our east side You are saying here that Roundtree runs the full length of the prop y Y which I didn't have as information before. the south half approximately half of Daugherty: I guess that they do have that, currently that is left vacant, it is just piles of dirt and weeds currently. that. • The have the property but they haven't developed is the way I understand Johnson. Y ncern was the residential area south of that and to d u hus ng t eve nual y MacCoy: My co will probably P in next to you if they own that whole property they On our south side you have part of it as vacant or 1 guess all of it is vacant for industrial. Y isn't it. • Yes except for I believe it is about 20 to 30 feet where Danbury Subdivision Daugherty. overlaps slightly. MacCoy: And you say they have a wood fence along there? Daugherty: That is correct MacCoy: Is that a 6 foot fence? Daugherty: Eight foot fence. oin ahead and continuing that fence across the back of MacCoy: Are you planning on g 9 our ro ert run? your property or doing something else to end y p P Y on it no. We were planning on landscaping Daugherty: At this time we weren't planning fired according to the staff level. But we had which was tth s t meI to fence that outhem end. no plans at w inaudible) considering that it is zoned RT, it is not at least labeled MacCoy: I don t Icno Meridian Planning & Zoning Commission May 14, 1996 Page 38 residential anyway. Johnson: It is a county zone, Rural Transitional, it could be anything. • I uess my concern was that they could be a reside nta v ce versantln the end MacCoy. 9 from theirs a you would want to be { sl atnlce Iba ryeruunl ss you have a forest up you really don't do a trees even though tha fair job of it. ert : I have had discussions with Mr. Kouba and he ha er testimony fromebefore we Daugh y willing to put something up there if that is required. As ea I re I uess we would be reluctant to add the board fenc~eeninVl we would probably go we 9 discussed previously. If we were looking at any type of s with the chain link with the slats. • Your steel building that you indicated here there a e i eg them for youclured MacCoy. buildings, do you have any idea who is going to build them or 9 hert : R & M Steel buildings and I have some brochures if you would like to take a Daug Y look at those. • Do ou have them with you, before you leave I would like to take a look. I think MacCoy. Y that is all I have for the present moment. Johnson: Anyone else have any questions? have a couple, with Roundtree auto sales over there, I re ICt ons weae Butsome Hepper. I come restrictions on them, I can't t allow a~serrvice doorston the south side of their shop of them 1 remember that we dldn t Y building. Johnson: Service doors and lighting were the two that come to mind. er: The don't have any service doors facing south tauvarddln Dnon~ q Ite1a substantial Hepp Y because of the subdivision. vented o act as buffer, a natura buffer for the subdivision amount more than what they wa there. I am a little bit concerned about building N, 0, Pl~do Da ~ ryhe service oors on those would be in where the entrances would In relit ert :The entrances on those buildings would be from th ~ that by saying that there Daugh y Let me prefa would not be on the south side of the building. Meridian Planning & Zoning Commission May 14, 1996 Page 39 Id be exterior walk doors but nothing, no roll up type service bays on the south. cou Hepper: What about building section N and O? u hert : N and O were also from the east and west, (inaudible). Dag Y Hepper: Okay, Daugherty: it sho~nrs parking there, you may have to eliminate a couple of parking stalls. That is correct we have an excess of what we need for parking there. er: And I remember also we had a fairly substantial planting 20 feelt, I can't remember Hepp of the property for Roundtree Auto sales I believe it was at ea for sure what it was. And speaking with staff, and that is a concern that thave addeessed whether odr Daugherty stri and we h they indicated that would be a 20 foot planting p can ark in that and they were very emphatic that it was a planting strip and that not we p is what we have reflected on this new site plan. Johnson: That is item number 10 of Shari Stiles' comments. Hepper: The only part that I see being 20 feet is only 41 to 5 feet. he : That is correct, that is the only portion of our property that is actually touching Daug rty Danbu Subdivision. So what we did was held a 20 Boon mum of 20 feet from the that rY back of that property line to make sure that we have a subdivision itself. otentially would be like Hepper: And I guess the only other thingon° tare, or nououts de lights there that would be lighting, make sure that the lights are n -g sive to the residents on the other side of the fence. No outeakers onkweed enlds and obtru was a concern we had with the auto sales next door was t e sp stuff. u hert : I think we can certainly adhere to that. We don't' anticipate that as being a Dag Y problem and we are willing to be subject to that condition. cCo : On that lighting would you on the P & Q are o on s'o you don~t have I ghting Ma Y consider building mounted light h Would then create a problem. way out into the back end whic feet long and then it drops down •. Meridian Planning & Zoning Commission May 14, 1996 Page 40 would probably do something similar to residential areas Daugherty: I think we could, They are not which would be something that would be mounted oon the southts deuso there wouldn't be going to have any, the roll up doors would not be any reason for a great deal of illumination in that area.; one else that ~ this is a public hearing, is there any Johnson: Anyone else Thank you, would like to address the Commission at this time? Diane Boyd, 813 East Fairview, was sworn by the City Attorney. contamination, I think Boyd: Well I have a few problems with this f Wo ed toc ommercialu ntil the contamination they are a little premature in trying to get it u .That has not been done on my property whic shent a lot of mnoney trying I have p is cleaned p banks or anybody else at this point in time. Mr. Kouba, I have had to have him haul to get him to do this. I have pig a has brought next doornn to a residential. I had t ocadll I ke off 17 wrecked vehicles which h count and have them handle the situation. I have) pictures of all of that i you w .don't think it is going to look like the Y to see it. He has a beautiful laid out plan but I rea y of one wrecking yard plot looks. I have looked at his previous e~ anothe onea So,11 don't know what else to say, in the community and 1 don t think we ne maybe you have a few questions for me. lication for a wrecking Yard and I think Johnson: Well with all do respect, this is not an app and that we have in the that is a little inflammatory a statemenna enoacon oe over that whatsoever. We would community is in the county, the City dition this the way we conditioned Roundtree whicah nat on~how faeyou'haver gone con cific information on the cont I would like some more spe that who in fact have you contacted as experts in that field and what their repo s with , show. • Well I spend $45,000 so far with attorneys, DEQ and going to court over it. Boyd. Johnson: I am really interested in the contamination itself. ell I have all the reports, I could have brought the of the ence because t was Boyd: W cleaned up on my area which is contaminated froms aes~ the fence which has not been a spray service. It has n e all of the paperwork on that. cleaned up. I can b g at firm are you working with with respect to the environmental assessments? Johnson: Wh • Meridian Planning & Zoning Commission May 14, 1996 Page 41 Boyd: DEQ independent firms for testing and that sort of thing, Johnson: Have you worked with a ke that. Have you worked only with the State? like Chen-Northern or somebody involved who was involved with Boyd: I have worked with the state, I have a gentlemen cross the fence with Mr. Kouba: Mr. Anderson, Anderson and me first and then went a Engineering firm. Johnson: Someone that is in that business? Boyd: Well, yes. s ecified area, you have to have certain qualifications in order to Johnson: That is a very p assess the land. n is not working on the case anymore either for me or Mr. Kouba. Boyd: Mr. Anderso Johnson: Right, what 1 am trying to get at. Boyd: It was proven that he couldn't handle the situation. at this point What I am getting and not to be argumen of'ourslus who have you worked with Johnson a very serious concern since you have brought up a few people that are qualified to do to get these evaluations? Because there are only these assessments. Boyd: Well is DEQ not qualified? matter of opinion I think, that is why I asked you if you had Johnson: Well that is a somebody other than the State that you worked with. has hired an outside firm, I cant rememb a done a of of tes 9 Boyd: Well Mr. Kouba Environmentalists. (have also worked with E a ~erwork from Envaosearch. which they are approved and I have all the p p for. Prior to the sale of Johnson: Okay, that is the kind of informad ask another (quest on, how long have been this property I guess I should back up an involved with the property to the west? Boyd: We purchased the property in 1988. • • Meridian Planning & Zoning Commission May 14, 1996 Page 42 Johnson: At that time was the property owned by Mr. Lee? Boyd: Yes Johnson: And did you have any discussions or institute any tests for contamination at that time? Bo d: Not on mine, when we found the contamination I w time'and thatris whytl did not Y property that Mr. Kouba was, I had the tests run at tha pursue the purchase of the property. Johnson: In about what year was that? Boyd: 1991 or 1992. Johnson: Thank you, I am just trying to get some history here. Boyd: I have boxes of it. Johnson: Yes, but I don't want attorney bills because those are meaningless to me. Boyd: It isn't it is testing. uestions of Diane Boyd? Thank you Johnson: Yes but you mentioned attorney bills. Any q very much for your testimony. Is there anyone else that would like to address the Commission? Eleanor Johnson and Rod Johnson, 8306 West State Street, Boise, was sworn by the City Attorney. R. Johnson: As representative and spokesman for my mother we were approached once and I can't say for sure it was Mr. Kouba or by who as toLar'n Bames,r L B.~ndustr~es s our property which is Roundtree, we own that property rY leasing it from us. At that time we told him under no neCUNot because that would no~ only an access on our property to go down his fence mess up our property but it wouldn't be fair to Mr. Barnes ewants toause th t ground the ground to the south we own that ground. Now if Mr. Kouba price is negotiable. We told him there is no access on our ground. Johnson: Excuse me, I am a little confused, what portion do you own to the south? • Meridian Planning & Zoning Commission May 14, 1996 Page 43 R. Johnson: We own the east side of his property. Johnson: You said something about property to the south. hnson: We own the property along the canal bank; we own one full acre back there. R. Jo Johnson: Anything else to add? Any questions of the Johnson's? ston: Yes I have one, can you point out to me on this little drawing (inaudible) what Crook property do you own. nson: B looking at this and by looking at what he has up there and not seeing the R. Joh Y ndin lot map I would have to say it would be on the gnat as aoreferencehpo nt of surrou g p know where is fence laying in accoidaon ksthere hisl s en ompassing already our acre of where our property is. The way round. If I can show you (inaudible) there is I don't knerVOf our grolund where we used 9 corner of a section bun o ore'corne'gwhi h s directl~behind this area here. to have access back E. Johnson: We bought it, my husband did so that when we had our horses over there you could (inaudible) nson: This is the same piece of c,~ound that we gav audibhe detrimenltal'to usr R. Joh (inaudible) right of way to go across it. Because at that time (m d: So ou are not sure that acre that you are speaking of in included in this or is it Oslun Y just in here? son: We o~, there again, I am not sure where, the fence lines have been moved. R. John (End of Tape) oin to have to get a surveyor out R. Johnson: The fence line has been moved, and t am g 9 there to actually show us where our (inaudible) both s'roached one time about giv ng (inaudible) one full acre back there. Like I say e~ v the east side of his fence Ime. We access (inaudible) west side of our prop Y, une uivocally said no, because we didn't want public access across our property. q ohnson: So have you been approached by the applicant either to discuss access or any J other aspect of the property. Meridian Planning & Zoning Commission May 14, 1996 Page 44 R. Johnson: As I said once. Johnson: This same applicant? • R. Johnson: There again sir I can't who was the one that contracted us. Johnson: When you initially said that it seemed like you weren't sure whether it was Roundtree back when they were developing or recently. R. Johnson: Roundtree has a lease on the entire acreage over there. Even the dirt piles he has, as you know that is a piece of property that hasn't been developed yet. That was just where the overburden was pushed. He has a long term lease on all of that ground. It wouldn't be fair for us to give access across something that he has a lease on nor do we want to mess up the piece of ground for ourselves in the future in case we want to self it or do something else with it. Johnson: Well then to be fairly direct about this, I am assuming and not putting words in your mouth this is not a negotiable item, is that what you are saying? R. Johnson: You understand correctly. Johnson: Thank you, anyone else from the public that would like to address the Commission? Would the applicant or his representative have any further comments after the testimony? Daugherty: First off Mrs. Boyd had some legitimate concerns about the environmental or the DEQ that was investigating the area and the property. In doing so Mr. Lamont has has a result has done some extensive work on the property by aerating a great deal of the soil and had a lot of it hauled off to approved sites. They have also sought monitoring and test wells on the property. We would certainly be willing to have this, the annexation and zoning and conditional use contingent on having a clean bill of health from DEQ. I think that would satisfy everybody concerned. As far as the access I think what we were looking at doing is once we had our conversations with ACHD we were told that 40 foot strip was left there to access the rear of Roundtree. After having a conversation with ACRD they indicated that if we were required to move our access which we were to the east side. our property that they would no longer be able to use that as an access. They are currently not using it as an access but it is there and in place should they develop the back half of that property. So in doing so I guess what we were hoping to do was to go into negotiations with them, if they are not willing to do that I guess that is their prerogative. We will just shove the entry way to the east line of our property and put it all on our property and that will solve that issue. As far as the one acre that was brought up, certainly unclear as to ~i, ..'~}.~ ... .r .. \`. ,. Arr. ... i~, .t .. . rti 1:~~::.~ N..r.e.~,...ic.:-dt:.>.`.a.:,.x n.... :x.. „....... _. .. • • Meridian Planning & Zoning Commission May 14, 1996 Page 45 are s Baking about. I work for a license surveyor in the nSt~o ~~ IKouba's deed what they P ert and actor 9 Richard A. Johnson, we've su of we've put the project on his property. I guess that is which you folks all have a copy about all I have to add. Johnson: Thank you e er: I had another question for you, on the prop nse ~B buildings do you haveoa H pp apparently you have a propose d n e o~ the southern (building? proposed use for the middle b 9 ert : On the steel constructed buildings, is that whath oa armotive industry. Me Daugh y would anticipate the (inaudible) would be geared to towar It could be a variety Kouba has specifically stated something similar to like a detail shePndustry. Perhaps like of items, catering towards the automoa{ Would berl guess wo Id be subject to the tenants a motor home repair facility, a lot of th d be looking to locate in there. In our discussions withfo ao v ousb easons wi h that woul shop and indicated that Roundtree had been denied an auto body ' i to the subdivision, the residential subdivision. So, e th a couldvbe alcondit on its proxim ty not to even try to put an auto body shop in there and of tours of the approval as well. r: That is my main concern. is this southern most building is the application for Heppe onditional use when we don't know what the use wills wo Id be just acs offelnsive an c auto body shop but there may be several other uses t I uess right now we are dealing with phase one and discussing that with staff Daugherty g art of the members they said that we could show a conc'n doi Idso the knit al bui ding would be property and I think that is what we are showing. 9 'ect to this initial conditional use permit. We would have ndp onae use peh mil atawh'ch subl of the property of course being subject to an additional co would-have the opportunity to take a look at what we ar upa'nosWe Would have an time you anticipate when we are going to be I { wou d be going nto tthat build9 g. That would give idea of at least a couple of tenants tha you a little more of an idea of what the development would be. I think that would be a lot more satisfactory especially on the southern most Hepper building. Daugherty: Okay ,..._.z ~... ~,...... _.... _ ...r., ~.. . ... ~ -- ... .... ~ ,v ` .e..iv....~1' ett.<:7.ki:..,1:~.:L]'L-Su-+r _ . ,.. _:. ~ ... s.: ,. ..._ . • Meridian Planning & Zoning Commission May 14, 1996 Page 46 Johnson: Any further questions? Oslund: If you do as you and move your access further to the west and not on Rountree's property bring it straight in, it seems like you are going to have to eliminate a lot of parking to get that done. Daugherty: Right, if you take a look at that initial site plan that you had in your packet what that did was show a straight through drive way. going all the way down with the parking configuration which was different and that obviously would have to change. What we would have to do probably use something similar to that plan but flip flopping the building and we would just require an additional look at the parking situation to make sure we have met the required number of spaces. Johnson: Anything further? Any further comments from the public before I close the hearing. I will close the public hearing at this time. Shearer: Mr. Chairman, I move that we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AUTOMOTIVE USE BY LAMONT KOUBA: Johnson: I will now open this public hearing and invite the applicant or the representative to address the Commission. Bob Daugherty, 5001 N. Eugene Street, Boise, was sworn by the City Attorney Johnson: You can dispense with describing the project if you want since we have that information. Daugherty: I think we pretty much covered everything, if you do have, someone was asking about some pictures, I can show you the general idea of what we had for the block constructed building up front. Of course the building here is angled where ours would be more north and southerly but it gives you a concept of what we are looking for. WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: . HUB OF TREASURE VALLEY • GOUNGIL MEMBERS A GOOd Place t0 LIVC WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN BENTLEYEE ENN R C G . L 33 EAST IDAHO MERIDIAN, IDAHO 83642 P >f< Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chalnnan Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor May 10, 1996 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer<~~ Re: ANNEXATION & ZONING TO C-G (Request By Richard Johnson) AUTOMOTIVE/RECREATIONAL USE (Request for Conditional Use Permit - By Lamont Kouba) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING -COMMENTS: 1. The legal description submitted with the application appears to describe the subject parcel, however there appears to be an error in the closure. This site will be contiguous to several parcels already within the Corporate City Limits of the City of Meridian (Ord. 294, 5/3/76, Ord. 585, 9/21/92, and Ord. 689, 1/17/95). The Land Surveyor preparing the legal description for Annexation should contact me in the Public Works Department to discuss the description. 2. The existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the Preliminary Plat. 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. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. C:10FFICB~W PVVR~1ttI~AI.1E'AiltW EST. PRZ Mayor, Council and P&Z May 10, 1996 Page 2 L~ 1. Water service to this development shall be from an extension of the existing 8 inch diameter main installed along the southerly side of Fairview Avenue. All water mains shall be installed, at subdivider's expense. Coordinate fire hydrant, water main sizes and locations with the City of Meridian's Water Works Superintendent. Development plans shall be reviewed and approved through the Public Works Department. 2. Sewer service to this development shall be from an existing main that is in place along the west side of the site. All sewer mains shall be installed, at subdivider's .expense. Coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. 3 . The treatment capacity of the City of Meridian's 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. 4. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5. Paving and striping shall be in accordance with the standards set forth in Sections 11-2- 414.D.4 and 11-2-414-D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer (Ord. 557, 10-1-91). 7. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D.3. 8. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 9. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. C:\OFFICB\W!'M@A(~RAUFAIItW BSf.PkZ • • Mayor, Council and P&Z May 10, 1996 Page 3 10. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 11. Applicant shall develop pressurized irrigation system plans for the subject site due to the area to receive irrigation. C:\OFFICB\WPW II~\GBNSRALV+ADtWS$T,P~Z WILLIAM G. BERG, JR., City Cleric JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • NUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Worlcs/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shari Stiles, P&Z Administrator DATE: May 10,,1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY SUBJECT: Annexation and Zoning with a Conditional Use Permit at 835 E. Fairview Avenue by Lamont Kouba Following are comments to be considered during your review of this project: This request for annexation and zoning of C-G with a conditional. use permit is consistent with the Meridian Comprehensive Plan. The site is located in aMixed-Planned Use Development area as shown on the Generalized Land Use Plan. 2. ACRD policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel. The site plan may be able to be "flip-flopped" to accommodate this requirement. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. 4. Fifty-four (54) three-inch (3 ") caliper trees are required for this development. Fifty-four (54) are shown; however, trees may not be located over the existing sewer line or over other utilities as depicted. Revise landscaping to relocate trees. Provide a copy of the executed license agreement with Nampa-Meridian L~rigation District to allow planting within their easementlright-of--way prior to obtaining building permits. If trees are not allowed in this easement, trees shown will need to be relocated. 6. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure. 7. Dedicate four (4) additional feet ofright-of--way on Fairview Avenue (54' from centerline). Furnish copy of recorded warranty deed for dedication of additional right-of--way prior to obtaining building permits. ~ ~ Planning & Zoning Commission/Mayor & Council May 10, 1996 Page Two 8. Provide athirty-five-foot (35') landscape setback beyond required right-of--way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide finished appearance. ACRD has requested that monies for the sidewalk be deposited into a trust. 9. Applicant to provide curbing and underground sprinkler system for all landscaped azeas. 10. Maintain twenty-foot (20') buffer strip adjacent to Danbury Fair Subdivision as shown on plan. The R-T property to the south may also require additional buffering via fencing/landscaping. 11. Provide temporary fencing to contain debris during construction. 12. All paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. 13. Lighting shall not illuminate adjacent residential properties or cause glaze. 14. A development agreement/detailed conditions of approval are required as a condition of annexation. All uses should be developed under the conditional use permit process. 15. Applicant to provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. ~ • ~~ r~r vaw - C~, ONT ROUBA ,; ~) RICHARD JOHNSON AND LAM ----- - 835 E. FAIRVIEW AVENUE MERIDIAN- IDAHO FINDINGS OF FACT ppD CONCLUSIONS OF LAW above entitled annexation and zoning application having The or consideration on May 14, 1996, at the hour of 7:30 come on f 33 East Idaho o'clock p.m• on said date, at the Meridian City Hall, and Zoning Commission Street, Meridian, Idaho, and the Planning testimony and the having heard and taken oral and written a Baring in person, and Applicant's representative, Bob Daugherty. pp fanning and Zoning having duly considered the matter, the P Commission makes the following: FINDINGS OF FACT That notice of public hearing on the annexation and 1• rior to the zoning was published for two (2) consecutive weeks p is hearing scheduled for May 14, 1996, the first said publ 'on of which was fifteen (15) days prior to said hearing; publican lgg6, hearing; that that the matter was duly considered at May 14, s comments and ortunity to expres the public was given full oPP vidence; and that copies of all notices were available to submit e newspaper, radio and television stations. That the property included in the application for 2. PAGE 1 FINDINGS OF FACT AND CONCLUSIONS OF LA JOgNSON-ROUBA ~ • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 3.87 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G), and has requested a conditional use permit to allow the construction of a commercial facility with two (2) initial retail sales tenants; that one (1) tenant would be Extreme Sports, a Jet Ski Retailer, the other would be Treasure Valley Auto Parts, an auto parts retailer, both would be providing sales and service; that there will be an expresso/lunch shop; that these proposed retailers would be located in the first building, which would front on Fairview Avenue and be of concrete block construction. 4. That currently the property has a single family house with various out-buildings, a large asphalt parking area and the balance of the property is pasture; that the Applicant proposes removing the house and out-buildings. 5. That upon completion, and as demand requires, the Applicant proposes the construction of two (2) additional "R & M Steel Buildings"; that these two constructed buildings will be towards the rear of the property; that the anticipated tenants will be geared towards the auto service industry, such as, an auto detailing shop, muffler/welding shop, and recreational vehicle repair shop. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ppjQ,g - 2 JOHNSON-KOUBA 6. The general area surrounding the property is used primarily for commercial purposes; that the property to the north is being developed by AVEST PLAZA for the Fred Meyer shopping center; that this property is situated between Meridian Auto Sales and Roundtree Chevrolet, which are zoned commercial. 7. That the property is adjacent and abutting to the present City limits; that the property surrounding this lot is in Meridian. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That Lamont and Lynn Kouba, of Meridian, Idaho, are the owners of the property and have requested this annexation and zoning and conditional use and the application is not at the request of the City of Meridian. 10. That the property could be physically serviced with City water and sewer. 11. Applicant's representative, Bob Daugherty, testified that this application is for a proposed commercial development which would be primarily geared towards the automotive and recreational industries; that the initial site plan reflected an entry on the west side of the property; that after conversations with the Ada County Highway District (ACHD), they suggested moving the entry to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 3 ~ ~ the east side of the property which would be next to the Roundtree Chevrolet dealership; that the new site plan indicates, as did the old site plan, that on the west side of the property it is bordered by Meridian Auto Sales and on the east side of the property is Roundtree Chevrolet; that, directly to the south of the land is vacant property; that on the southeast side of the land is Danbury Subdivision; that on the southwest corner of the property is the Five Mile Creek Drainage; that the initial building in the front would be a block building and the rear buildings would be constructed of R and M Steel; that the belief is that this facility will fit in this area; that the five foot sidewalk, mentioned in staff's comments to connect to the sidewalk on Fairview Avenue, is addressed in the Ada County Highway District's impact fees; that the 35 foot setback along the main corridor of Fairview Avenue is anticipated to be bermed and landscaped. Mr. Daugherty added that there are two wells currently on the property; that the Applicant expects to abandon one and anticipates using the other for the pressurized irrigation system; that the R and M Steel buildings will be constructed and divided up with partitions according to demand, separating them for individual uses. 12. Commissioner Hepper commented that Roundtree does not have any service doors facing south towards Danbury Fair Subdivision and that he is concerned about what is marked as N, O, P and Q, where the service doors on those would be in relationship FINDINGS OF FACT AND CONCLUSIONS OF LAW JOSNSON-ROUBA pp~Q,g _ 4 ~ ~ to the entrances to Danbury Fair Subdivision; that there should be at least a 20 foot planting strip on the south with non-glare lights and no outside speakers which could be obtrusive to the residents on the other side of the fence. 13. Commissioner MacCoy commented that the Applicant consider building mounted lights which are shielded so you don't have lighting way out into the back end which would create a problem. 14. Diana Boyd testified regarding her- concern of contamination; that the Applicant is a little premature in trying to get this property rezoned to commercial until the contamination is cleaned up; that she has spent a lot of money in trying to get Mr. Rouba to clean up the contamination; that it has not been cleaned up on her area which is contaminated from his side of the fence because it was a spray service; that benzine and chloradine are on her side of the fence which has not been cleaned up; that the Applicant has a beautifull}/laid out plan but she doesn't think it is going to look like the plot looks. 15. Bob Daugherty added that the concerns over contamination are legitimate concerns; the Department of Environmental Quality (DEQ) that was investigating the area and the property; that he is certainly willing to have this annexation and zoning and conditional use permit contingent on having a clean bill of health from the State of Idaho Department of Environmental Quality. In addition, he-has elected not to even try to put in an auto body shop and would have no~ problems with required conditional use for FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 5 all uses. 16. Eleanor and Rod Johnson testified that the property on which Roundtree Chevrolet sits, which L. B, y °wn the is leasing, and the Industries property to the east of Mr. Rouba's which is one full acre to the back along the canal ban property fence line has been moved that the k, that the y don t want access across their property. 17 That the Meridian Police De artment Department P Fire . Assistant to the Meridian City Engineer, Ada Count Highway District, Meridian Plannin y g Director, Central District Health Department, and the Nampa & Meridian Irri a submitted comments• g tion District that those comments are incorporated herein by this reference as if set forth in full. 18. That Bruce Freckleton Engineer, submitted the followin ' the Assistant to the City g comments: 1• That a le al describe the subg description submitted appears to an error in the closu=excel, however there appears to be 2• That the site will be contiguous to several arce already within the Corporate City Limit and that the lane surveyor Preparing the legal description for Annexation should contact the Public Works Department to discuss th legal description. e 3• That any existin crossing the ro ert g irrigation/drainage ditches P P y shall be tiled. 4• That any existin systems within this project will have lto be nremove8eptic their domestic service per City Ordinance, but wellsfrom be used for non-domestic purposes such as irrigation. ma landscape 5• That water service is results from a hydraulic analys stingent upon positive FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 6 6. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas. 7. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences. 8. That all signage shall be in accordance with Meridian City Ordinances 9. That off-street parking, paving and stripping, shall all be provided in accordance with City Ordinances and that the paving and striping shall be in accordance with the Americans with Disabilities Act. 10. That water service to this development shall be from an extension of the existing 8 inch diameter main installed along the southerly side of Fairview Avenue; that all water mains shall be installed at snbdivider's expense; that location of fire hydrant, water main sizes and locations shall be coordinated with the City of Meridian's Water Works Superintendent; that Development plans shall be reviewed and approved through the Public Works Department. 11. That sewer service to this development shall be from an existing main that is in place along the west side of the site; that all sewer mains shall be installed at subdivider's expense and coordinate sewer main sizes and locations with the Public Works Department; that Development plans shall be reviewed and approved through the Public Works Department. 12. That the treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 13. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 14. That the Applicant shall develop pressurized irrigation system plans for the subject site due to the area to receive irrigation. 19. That the Planning and Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 7 submitted comments and they are incorporated herein as if set forth in full, as follows: 1. That this request for Annexation and Zoning of C-G with a Condition Use Permit is consistent with the Meridian Comprehensive Plan and is located in a Mixed- Planned Use Development area as shown on the Generalized Land Use Plan. 2. Ada County Highway District policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel; that the site plan may be able to be flopped to accommodate this requirement. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. 4. Fifty-four (54) three-inch (3") caliper trees are required for this development, but may not be located over the existing sewer line or over other utilities as depicted; Applicant shall revise landscaping to relocate trees. 5. Provide a copy of the executed license agreement with Nampa-Meridian Irrigation District to allow planting within their easement right-of-way prior to obtaining building permits. If trees are not allowed in this easement, trees shown will need to be relocated. 6. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., so as not to impede fire access and all dumpsters shall be contained in a screened enclosure. 7. Dedicate four (4) additional feet of right-of-way on Fairview Avenue ( 54' from centerline) . Furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtaining building permits. 8. Provide a thirty-five (35') foot landscape setback beyond required right-of-way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide finished appearance. ACRD has requested that monies for the sidewalk be deposited into FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGL - 8 a trust. 9. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 10. Maintain twenty-foot (20') buffer strip adjacent to Danbury Fair Subdivision as shown on plan. The R-T property to the south may also require additional buffering by means of fencing/landscaping. 11. Provide temporary fencing to contain debris during construction. 12. That all paving, striping and signage of the parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. 13. Lighting shall not illuminate adjacent residential properties or cause glare. 14. A development .agreement/detailed conditions of approval are required as a condition of annexation; that all uses should be developed under the conditional use permit process. 15. That the Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. 20. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full. That the District submitted site specific requirements, which are as follows: 1. That the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). 2. Provide a $1,275.00 deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 150 feet). 3. Construct a 36' wide driveway located at this site's FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 9 • east property line. The driveway shall be paved a minimum of 30 feet into the site and shall have 15 foot radii pavement tapers. 4. That the Applicant be required to provide cross access easements to the parcels abutting the site's east and west (the parcel south of Meridian Auto Sales) to use shared access points for access to Fairview Avenue, prior to issuance of a building permit or other required permits. The District intends to require a similar. agreement of the owners of the parcels to the east and west if they are the subject of a future development application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 21. That the Sewer Department submitted a comment regarding the conditional use request and such comment is hereby incorporated herein as if set forth in full;-that a copy of the internal plumbing plans be submitted; that review of construction plans for pretreatment purpose will be required. 22. That the Water Department commented that the plans for the proposed water main, fire hydrants and domestic service locations and sizes need to be submitted to the Water Department and reviewed. 23. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented he had no objection to this property being rezoned to C-G in light of what is already so zoned and constructed along Fairview Avenue; that he does object to the property to the south being zoned C-G in light of other County R-T located there. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOBNSON-ROUBA PAGE - 10 • 24. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and .type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas,. and plan for new shopping centers as growth and development warrant. B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.170 A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOBNSON-ROUBA PAGE - 11 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 25. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as a Mixed/Planed Use Development area. 26. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: ~(C G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAQ,g _ 12 JOHNSON-ROUBA • 27. That Section 11-2-409, ZONING SCHEDULE OF IISE CONTROL, B Commercial, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developnsrnts, are an allowed use in the C-G district. 28. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. classification applies to essential public services This PD private recreation facilities, institutional uses,~comn-unity facilities or a PD which includes a mix of residential, commercial or industrial uses." 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 13 • that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the .City is also concerned that the increase in population is burdening the schools of the Meridian School District which provides school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police,. emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 32. That Section 11-9-605 G 1. states as follows: FINDINQ~S OF FACT AND CONCLUSIONS OF LAW - pAQ,N - 14 JOgNSON-KOUBA • wired to be placed next to "Planting strips shall be req hwa s railroads, commercial incompatible features such as hig Y ~ , or industrial uses to screen the view from residentia be a minimum of twenty feet properties. Such screening shall 20~ wide, and shall not be a part of the normal street right ( ) of way or utility easement." 33. That Section 11-9-605 H 2. states as follows= sidential "Existing natural features which add value to re development and enhance the attrais~o=ic s spotst and osim~.lar (such as trees, watercourses, h ' re laceable amenities) shall be preserved in the design of it P the subdivision;" 34. That Section 11-9-605 L states as follows ra ed within „ edestrian pathways shall be encou g or as Bicycle and p art of the public right of way stem new developments as p ortation sy separate easements so that stet t from the aut mobile) can be (which is distinct and.sep Area. The provided throughout the h 11Ucons der the Bicn cle Pedesountn Commission and Council as repared by Ada C Y Desi n Manual for Ada County ( bicycle and pedestrian Highway District) when reviewing pathway provisions within developments. 35. As stated above in Paragraph 3, the Applicant submitted ication for a conditional use to allow commercial retail an appl that sales businesses catering to recreational and auto industriesr in ermit is incorporated here such material on the conditional use P licant did that the App by this reference as if set forth in full, al use for the not specifically address the condition ublic hearing; that as found wholesale/retail business at the P licant needs to above, the Planning Director stated that the App a minimum landscape setback of 35 foot from the required provide ui ment and ACRD right-of-way; that all outdoor storage of e4 P existing adjoining materials shall be screened from view from an located in any front residence or residentially zoned area and not FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAG~; - 15 JOHNSON-KOUBA • yard setback area; that the display area shall be uncluttered; that all off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 36. That there are commercial uses on both sides of Fairview, including a used car lot, a retail paint store, a fitness center on the north side of Fairview, and restaurants on the north side of Fairview; also on the north side. of Fairview Avenue there is a carwash and an emergency medical office; that farther east on Fairview Avenue is an Intermountain Farmer retail store. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAQ,ya - 16 JOHNSON-ROUBA • and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOBNSON-ROUBA PAGE - 17 • with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to have businesses related to the automobile and other motor vehicles, which are permitted uses in the C-G district. 12. That, as a condition~of annexation and zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Pressurized Irrigation 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, were of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or. personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the access linkage, screening, buffering, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PALL - 18 • • transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the City. 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 19 • concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 15. That it is concluded-that 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the ~~ ~ z~k ~ standards under, which the s~all review applications for Conditional Use Permits; that upon a review of those requirements and a review f the facts presented and the conditions of the area, the c ncludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of .the general vicinity as long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. .That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE _ 20 JOHNSON-ROUBA • as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. The property will have sewer and water service available, but the Applicant will have to extend the lines to serve all parts of his property. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement shall be entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police and Fire Departments, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. That it is concluded that the location and layout of the proposed use on the property could pose problems with regard to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 21 noise, glare, fumes or odors for the adjacent residential properties to the south; that it is concluded that it is one of the purposes of the Zoning Ordinance to protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services (11-2-401 5.), but it is also the purpose of-the Zoning Ordinance to encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City (11-2-401 11.). 19. That it is concluded that to make the proposed use harmonious and compatible to neighboring residential uses to the south the following requirements must be met, and continuously met; and these conditions should be reviewed by the City Council, amended, added to, changed or deleted as the City Council deems appropriate: a. That the Applicant shall provide a barrier along the property's boundaries as directed by the Planning and Zoning Administrator. b. That the buildings shall be subject to design review and all bui lane shall be submitted to the Planning and Zoning for approval before they are submitted to the Building Inspector. c. .That any and all lighting shall be directed away from adjacent residential or commercial uses and shall be constructed such that it does not glare, or' shine, on any surrounding property, unless the owner of the adjacent property signs a written consent to have it shine on the propert ich consent must be submitted to the Planning and Zoning .'rector FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 22 d. That the use of any external loudspeakers shall be limited to business hours, 7:30 a. m. to 8:00 p. m., only on Monday through Friday, and shall be limited to 60 decibels; that all of the buildings shall be constructed to be as soundproof as reasonably possible. e. That there shall be no wrecked, demolished, or junk cars kept or stored on the property, unless they are totally screened from view. f. That there shall be no offensive fumes, smoke or odor emitted from the property; that normal motor vehicle exhaust from passenger or pickup trucks shall not be deemed to be offensive;. that all hazardous wastes shall be properly disposed of and shall not be maintained on the property. g. That all construction, including remodeling, fence construction, and plantings shall be subject to Design Review by the City of Meridian. 20. That the conditions stated herein, or as ultimately set by the City Council, shall be agreed to by the Applicant, in writing; that if they are not so agreed to the Application should be denied. 21. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 22. 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. 23. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview Avenue. 24. That these conditions shall run with the land and bind the Applicant and his assigns. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOBNSON-ROUBA PAGE - 23 • 25. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of a conditional use permit would be in the best interest of the City of Meridian. 26. That if these conditions of approval are not met, the property shall not be annexed and the conditional use permit shall not be granted. APPROVAL OF FINDINQ~S OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY COMMISSIONER JOHNSON (TIE BREAKER) FINDING.4 OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA VOTED VOTED VOTED VOTED VOTED ~.n•SL ~~' PAt~L - 24 ~ ~ RECON~NDATION The Planning and Zoning Commission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit, under the conditions set forth in the Conclusions of Law. MOTION: APPROVED: ~~~~rl- DISAPPROVED: . . .r FINDINC~3 OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAQE - 25 WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to lave CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHQ 83642 Phone (208) 888-4433 • FAX (~!&) 887-4813 Public WorksBuilding 1~epartmeal(208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY Q & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMME~i'TS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Ma~7. 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/96 REQUEST: Request for Annexation/Zoning to C-G BY: Richard Johnson LOCATION OF PROPERTY OR PROJECT: 835 E. Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet JIM JOHNSON, P/Z MERIDIAN SCFIOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN P05T OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNII~ ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATI N( M & FI PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE RBNARKS: PDT hh~"t"IN1' . Cl~'Y ATTORNEY CITY ENGINEER CITY PLANNER APR 2 4 i~~~ 4~ ~~.I~~ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Driver; License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 7. 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/96 REQUEST: Request for Annexation/Zoning to C-G BY: Richard Johnson LOCATION OF PROPERTY OR PROJECT: 835 E. Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z GREG OSLUND, P/Z ADA COUNTY HIGHWAY DISTRICT ECEI V ADA PLANNING ASSOCIATION ~ E~ TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ApR 2 BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ~ 1g9G RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) '~~` ~~ ~EI?IDiA ~f WALT MORROW, C/C U.S. WEST(PRELIM 8 FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT BU ING DEP RTMEN CITY FILES ~/ Z ~ `9 " ~J L(.Q A T OTHER: Y ,~FTRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER .9s ~onra A-S ~ L C_ Ld' O E S Gy A- -dr L No p y Q ~+ ro b C ~•+~.~. ,~ R~cE~vE~ ~1AY 1 0 199 ~~ bF IVIERIDIAfu JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary May 9, 1996 TO: Richard Johnson 5001 N Eugene St Boise, ID 83703 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU-9-96 835 Fairview Ave Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on May 8, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-9-96/MA-1-96 835 Fairview Avenue Annexation for specialty retail Meridian The applicant is requesting conditional use approval and annexation with zoning reclassification from Rl to C-G to build a automobile and recreational vehicle sales and service facility with a coffee shop/restaurant. The 3.87-acre site is located on the south side of Fairview Avenue approximately 1/2-mile west of Locust Grove Road. This development is estimated to generate 2,718 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Fairview Avenue ACHD Commission Date -May 8, 1996 - 7:00 p.m. •.~ '~'~~ ~1'{~.: ., ^ *'?~. '; '~~Y''1, .,~r~E/t ,~ L GIARENE. " ~ ST ~: • ~ 7'. i4 k.. .~ ,.. - .~'~` JOY 1= + r :. .;: .N,. ~ et ~_ ~ . ~ TAMMY ,... ~: ~ , '*'0,• '~'.; ~ . ~~ ;• •• ~ ~ to is Is e ~ _ - .E • ~ i • •.. :.,:t1 P ~~ION W I!~t.r:.w _ ....•1 .. . ~ R t.~. .8:~1~ 5 ~~1995 ~ ~ 5; .: • _ .. ~ ' ~ ~ ' =- ..~ ~: t ~ ~ ~ •: ~ CROS Ill. C ( ~ . _~ ••~i• ,~~ ~ ~, N. STONEHENGE• l:? ~ 2 J • I t.t ~ ~ ~~ ~ fi 6 Q it .9;' z~.,.i ~.3.~ ~ ia. 3 ~ , .• t6 IS' 21. In N • ~ ; ' ; /~ r 18 .IT ~ >. I ¢. , ~ . I 'a •ri : E_ vItEN•~ O 13 IB I ~ I ~~ • .. +~ ~ IS - ? ~22` • 19. 16 ~ II'~ t8 19 i ~ t '`~ _ 8, ~ a~~ r. 'i~• ~~~ ~ •~ '• a 12 ~t , ~ ~ 9 E: . DRUCKER ~~_~ ~ m I i~ ~ :r 1,1 II ',h yC ~I 71 .Nit.l•1, ,a ~ ;r i I,, \ ~ b ~ 12'• 7t ./ ~. ~ t ..~', ~ to 2.. •'_I~ I~ ~ ' ~~ I I I '~ I •~ z ~ t w 1 ~'+~ t 1...".l J ; L ..f J.~I 1-..1;~~ ~ ~f r `• - 9 ~! Y - _y;! i 1S ~ a ( , t , ~ 1~ ~ ~1.,~~ , "}.'-1 ~ -!e «!f 30 '~~1` ; ~ +3~ '» ~` _ 2T~; ~t3 t'd ~.r..~. .:~IIOA.Irl1 r:Yc .~/~ .rravtvl• :e.Yew J' o r~~ ~r rYl ~71r o +OwEll ONlfr LL hN[ M19gYlT ~ .•lu vuvc :•s co. ;~cY . ;~.wl, ~.,. ~ YAK OA s[vry11 urw. roar .,moral, Y,.. - cuanr s s.wrw s[~+cr YY.wIIE wAr[o satyr --...__ rEYC[ - v.w ~~[ - • - i(MCE - 4M•M llI• -ILMEE - BW>D C .5 -•-----._._FAIRVIEW AVENUE• -. _ ~- CURRENT USE -4_-- -~. I~- ~~ _ _ _ _ _~ ~ xs~r.u. ~, ~~} ~~~~ ~, ~ . •I I.~. ....... .. :~ ::~•~•••F'q:: ~• ••• _~. - ~~1 vawrus TNCES t ~rnns 1I`r{~' ..... ~'~••~~ w•f!y 1 -. . . .••snrgi wf I•~ ~ , fAwfJfrE I.oimcvru. ~ ~ . ,r . ~ ~ . ~.• . ~. . ~. L rE~•I•YEMT IIIIAIM' 1 yI RY-oUN MOIL I (I ~ ~ J py}y MMIn Yt i ~~ \~. SCALE, ~- I sty . JO rc 1 t _ ., s w eo u I `3 r \ 1 ! ~I l ` ~ `\•\ I r- • --- - ` r ~, ~ %/ ' ~' ~'~1 --- . . ~XISTIN~ [~WCLL/NG `, Tv C3E REMOVED l -. : , 1- N ---- I'TlT l'~;~ --- F~IRtI -- - ~ J _ a ~~ ~ IR iEW 1 ~~~ / U .~ PL.1.6iYED .~f'ORTS _-L~VD .-ICiTO .5`QC:-IRS' > , - _I . L _ _ _ ,tfERlDl~tN, ff~=lff0 _ _ _ ~ _ STAFS= RECor~m~DS PROPOS~'D TE'A~A.Y'TS v MoVIhfG DR~VEWA`{ - ea .! - 6YTREI/6 SPoRTS /M'ET !ET OF.ALERSHlP/ _ B - TREASUR - - -` _ - ~ ~a--\ 'T'~ ~~ tC E VALLEY AUTO PARTS J C - CPFFEB/LUNCH SHOP I ~' Locs~-~-t o N A - 4490 sgft EAISTING ZONE R-1 RE ~ ~^= I '~-3 ~ S0' ~`~ 5-~"' '^ ~'~ 8 ~ ~ I . _ QUESTED ZONE COUMERCIAL C - ~ OOO Sqtt REQUESTED DISTRICT CG puy~ srnm i ~~ y ~ i ~' j ' ENCLOSED D - 1000 sgft DUMPSTER SITE y T-T . , j ~'" '-~ ~ -~___ " E - 1000 sgft ~"~ z s v. I I ~. ^~ ~', so' it I I I F-I - 3000 sgft ~ ~ '< ..-,a ~,ti3^\~s ~-•, ~i s, J-0 - 2500 sgft , ~ , s PHASE I 11.180 sgft BUR.DING ~ •'• 56 PARKING SPACES (3 HANDICAP) I SCALE , ~ ,,-- '~ , ~~ , I"-'~ •--~I ~ I. ~~ II A ~{I I , BLDG. ONE BLOCK BUILDING PHASE 2 T7,000 sgft BUILDING i msa . w n I 2 BAYS EACH = TO BAYS .'. 40 PARKING SPACES (T HANDICAP) ~„~3 ~1 ~ ~ I e~ B ' ~ 26 I U21. I W W ( ~ 70iAL 38.180 sgtt BUILDING '° o u ~o sn an ~~• 98 PARKING SPACES (5 HANDICAP) OWNER/DEVELOPER > ~ u i `-~ I ~ N el AD• Tf~°' ' ? o ?HASE 1 39.615 sgfl ASPHALT Le4AfONT KOllBf1 • 26 TREES 887-2044 &I ! a' ~.' ~ ~ ~ ~-~ I ' N ' ~ a ~ ~ ~ ~ I ~ I PHASE 2 41,515 sgft ASPHALT TB TREES !?!CHARD .•1. .lOh'NSO,'t-' ' ; ' ~ ~ ~ ' L~ij ~ -~ I ~ D ~I OELNERY ' ~ A~`A ~ i PROi !`S/ONAL LWD 9URY6YOR ~ ~ j 70TAL 91,'~ 30 sgit ASPHALT miss mum iroe.em-,rwv 54 TREES ~ r - 10, ~_ 4_. -~ _ I ~_~_ 50' I ~ ~ J STEEL BUILDING ~ I I i I i I I I j I STEEL BUILDING i a U Q uERID1AN AUfO SALES ~i I IT a ,~~0 ? ~ STEEL BUILDING ~I ~I Z' <I a I ~9G ~-- ~e- ~ f I ~ `~ u o ~ ii .. ~ ~Q -fir _ i ~_ _--.. iU ~ I .~- ~ .~~ RYP. -s.i_-_'~-- gQ• ~ Z a I ~!S ~' I 'I ~ I I 1 T II eo• j ; I'_. ~ ... ~ ~ -il `• -- DANBURr -.~.wnu, Srna SUB ~ `/ACANT 5 MILE c~REEK • Facts and Findings: A. General Information Owner -Lamont Kouba/Lynn Kouba Applicant -Richard Johnson Rl -Existing zoning C-G -Requested zoning 3.87 -Acres 16,680 -Square feet of proposed building (7 buildings) 1,500 -Square feet of existing buildings to be removed (approx) 0 -Total lineal feet of proposed public streets 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6-16-93 (e/o E. lst Street) 150-feet of frontage 100-feet existing right-of--way (50-feet from ultimate street centerline) 108-feet required right-of--way (54-feet from ultimate street centerline) Fairview Avenue is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. In accordance with District policy, staff recommends that the applicant be required to provide a $1,275.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5- foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 150- feet). C. There is an existing residence located at this site. The site is bordered on the west by undeveloped land and Meridian Auto Sales, on the south by Danbury Fair Subdivision, and on the east by Roundtree Chevrolet. The parcel to the east, Roundtree Chevrolet, has not developed the 40-feet abutting the subject site. It appears that this 40-foot strip is to provide future access to the southern portion of the parcel that is undeveloped. D. There is an existing 52-foot wide driveway located at this site. The applicant is proposing to construct a new 38.5-foot wide driveway located approximately 5-feet from the west property line. There is an existing driveway located approximately 80-feet west of the proposed driveway and there is an existing driveway located approximately 275-feet east of the proposed driveway. District policy requires a minimum driveway separation of 150-feet for this section of Fairview Avenue. The proposed driveway location does not meet District policy. Staff recommends that the applicant construct a 36-foot wide driveway located at this site's east property line to be shared with the parcel to the east. This location will provide MCU996. WPD Page 2 • i approximately 180-feet between this driveway and the driveway to the west and 160-feet between this driveway and the driveway to the east, which brings the driveway into conformance with the District's policy. Relocating the driveway eliminates the possibility of a driveway in the 40-foot strip for the undeveloped portion of the Roundtree parcel since it would not be located 150-feet from existing driveways. The applicant states that they have attempted to coordinate a shared driveway with the abutting property owner to the east with no success. E. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy staff recommends that the applicant provide a recorded cross access easement for the parcels to the east and west to use shared access points for access to Fairview Avenue prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcels to the east and west if they are the subject of a future development application. F. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. G. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on May 14, 1996. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Dedicate 54-feet of right-of--way from the ultimate street centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of- way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. Provide a $1,275.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 150-feet). 3. Construct a 36-foot wide driveway located at this site's east property line. The driveway shall be paved a minimum of 30-feet into the site and shall have 15-foot radii pavement tapers. 4. Provide a recorded cross access easement for the parcels to the east and west (the parcel south of Meridian Auto Sales) to use shared access points for access to Fairview Avenue MCU996.WPD Page 3 • • prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcels to the east and west if they are the subject of a future development application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirPn,Pnr rn hP r~n.,~;.~P,-P.~ a,,.~ ;n..-,,.~A ~ ..,,.;,moo ~ r a L5 L1VL U~iV ~ ~~llllVil Gl~l~~jQjjd Why such a reaLttrPmPnt wOUld recnlt in a c»h~+a*++;al l+arrleh;n D_ r inequity The written request s__a a ubmitted to he Di trict no later han 9.00 a m on he day scheduled for Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideratinn shalt cnPrifirally was not availan- to h 'o miccinn at the +;n,a of ite nriglrial de~~~~^n The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein: 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. MCU996. WPD Page 4 • 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Date of Co micci~n npsoval• Development ~eru;rPC 4taff MCU996. WPD Page 5 CENTRAL CEN~AL DISTRICT HEALTH DEPAR~'IENT •• DISTRICT Environmental Health Division ~ p~GIEIVEC~ ~THEALTH DEPARTMENT APR 3 A 1gg~ Rezone # !~`P ~~ tv~ERlDit~h Conditional Use # . Preliminary /Final / Plat s3,s c - ~,~,~yi, Return to: ^ Boise ^ Eagle ^ Garden city ~, Meridian ^ Kuna ^ Acz .~] I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ 15 ^ beverage establishment ^ grocery store ~ ~~ . Date: / / Reviewed By: CDND ID/91 r~, rcr. 1/95 Revie Sheet ~~cE~vED AY 0 ~ 199 g'.t~'~' ~~ ?VBERli~lJ4~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 9 Apr i 1 19 9 6 OFFICE: Nampa 466-7861 Boise 343-1884 City of Meridian SHOP: Nampa 466-0663 33 East Idaho Boise 345-2431 Meridian, ID 83642 RE: REQUEST FOR ANNEXATION/ZONING TO C-G Dear Commissioners: Nampa and Meridian Irrigation District has no comment on this application as it is out of the District. Sincere ~~~Y, Sill Henson, ssistant Water Superintendent NAMPA AND MERIDIAN IRRIGATION DISTRICT pc: District Water Superintendent File - office File - shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., CIty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~~/~~ ~~ HUB OF TREASURE VALLEY • COUNCIL R!Et:!avraR A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN CHGLENN R. BENTLEY E 33 EAST' IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chairman Public WorksBuilding Department (208) 887-2211 , TIM HEPPER Motor Vehicle/DrivecsLicense (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D: CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 7. 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5 14/96 REQUEST: Request for Annexation/Zoning to C-G BY: Richard Johnson LOCATION OF PROPERTY OR PROJECT: 835 E. Fairview Avenue between Meridian Auto Sales and Roundtree Chevrolet JIM JOHNSON, P/Z MALCOLM ~' MERIDIAN SCHOOL DISTRICT MACCOY, P Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P/Z ADA PLANNING ASSOCIATION -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT ,-CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT} -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT CITY FEES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: .-,POLICE DEPARTMENT CITY ATTORNEY ~ ~ i(/o ea,Q~~e~-rcysc ~ p,~,p~ ~S. ~~~,~,E~ ,o.~~~, ~ ~ ~ " CITY ENGINEER intal rz,E zdy,~ ny /1.1.~~ f.3, / fir ~" ,,~ L/~'.s~' /vim w,~,.iT- ,s- „~.~,~,,~,~ ~,,~ ,~D Co~lt~y ¢~ CITY PLANNER , p A ~~ti~ ~.~ ~~~c~ • ~r~ 7'i~/G.£ ~J~1~'..A~-did[' To f~ Ole OT~¢sE.C t~ / p/1o~~E/Lp~ ~"O«T1ef ~/~ rthhs ~vO"a~a ~. ~?E~EIvED MAY 1 3 1996 ~17~'' OF MERfDIAN RECEIVED July 11,1996 Ruth Crow 8921 West Sunflower Court Boise, Idaho 83704 Mayor Robert Corrie and City Council City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Mayor Robert Corrie and City Council: Re: Fairview West Planned Sports and Auto Square J u ~ > > ~sss CITY OF i~ER1DIAN I recently received notice of a public hearing by the the City Council of the City of Meridian for the purpose of reviewing and considering the Application of Lamont Kouba and Richard Johnson, for annexation and zoning and conditional use permit of approximately 3.87 of land located in the NW 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at 835 E. Fairview Ave., between Meridian Auto Sales and Roundtree Chevrolet. The Application requests a zone of C-G Commercial General. I request access to my property from Fairview Avenue. My property would become land locked if the access road is private instead of public. Sinc y, Ruth Crow C~ • F<<~fk~~T1;'~~~~ ~st~,~'i~ FAIRVIEW AVENUE •- .! P/.J~tiNFO S'/'OIZT.S' :r,1~D d/~Tp SgGARF. w EKiS71NG ZONE P-t REWESTED LONE CDNNERC~AL REWESTCD DISTRIET CG CAI ~ 1 s- n n o n so ,au 1~- _, I 1~ I ~ .--_ V1 ____ - _ Z W ~ ^, ovai ~ ~ ~~ 5t' ~o ~ ~ 3 ~ 1 1 $ etc OWNER/DEVELOPER L.4A/0NT X0UB,4 BH7-~ 044 RICHARD A. JOHNSON ~ P/fOY6'SS/ONdL LINO SURfT/UR eoere Avwc ~ w~asaa.o S. PUNi1NO ENCLOSED OUHPSEER SIR IAERIUTAN AUTO $ALE$ PUNTWG SIRN 5' •r ~' ~ERRNA! C TY UYITS ~ 1 ~ _ _.-a... `_ - . fAC:AT11 5 MILE CREEK ,,,~,,;,; m, W ~ ~ 4 p N ~o ~ ~ a ~~~~~ c~l~ ~ t~ o~ ~~~ ~~~ PROMSi,'O 7E'hAh'T~' ~ - 6r1AdWB SPoRT.C/m x N - 71YYSLR6 Y,fLLEY A7/TU PARJS ~' -- [YA/Y'LI'/LUA'CR SHOP A - 4490 sgft B - 3690 sgft C - 1000 sgft D - 1000 sgft aD' E - 1000 sgft F-K - 2500 sgft L-M - 3500 sgft N-Q - 2550 sgft P-Q - 3400 sgft PARKING REQUIREMENTS PHASE 1 11,180 apll BURJ7MiG ~• 56 PARKNIO SPAC[S (3 MANOICAP) PHASE 2 !3,900 apt! BUR.DING 11 BAYS ~. ze PAR2nIG SPACES (2 NANDK;AP) TOTAL a3,080 aqN BURRING • 6a PARK116 SPACES (S NANpCAP) ACTUAI PHASE 1 67 PARKING SPACES (3 MANOICAP) /NASE 2 52 PAAKWL SPACES ((a NAMDIUP) fOTAI 119 PAIIKING SPACES (7 MANOICAP). TREE REQUIREMENTS PHASE 1 37,620 pN A$P11ALi .: 25 TREES PHASE 2 a6.283 pll ASPNALI -~ ]I TREES i01A1 83,905 pN ASPNALI - 16 TREES TYPICAL PARKING ~y~ ~ ~~ 20' ~ 15.6' 60 90 ~o0pia'IaL A' aapM Na IWIpIW ,• 1 •.~ ~i ~`'~• ~°° ie9 4ao 0 412 -------------------------------------- ----------------------------------- ~f '~ - -,~ r -'~ _i i_ j i 619 ,, !~ ui , , ~ ~~ ~,•, 12- ~ 3u 0 ' ~~ ~~ 0 ' ~ ~ ------/ ~----- ~ ~ r ~" -- --------------'' ~ ; L~ ~{ ,,SAVE ~c~ ~e 1 ~4 • ~~ 1 l IV~1 -~ tau uo4 ~; C-U yyn~~ Y~ ~. 0 ~ 1 ~~ •V ~ ~ ~ a '~~ J ~ L 1°~6 CITY F F.~#1DiAI~ 11 ~~ ut1 `~~ L •-\ ~~ 1006 C-U 1033 1t~ 11E Dr tuT ~~~ ` - 1406 y 1~ s ~ -, _ _- ow ~ 1BOlVlSION -1 ,~ ~ ~~ 334 ar o ~ I ~n s» i i ~ i ~ r~ " `~ •,C c Q r ' 1A 0!7 ~ `~ 1233 1222 ; Leto ~ ,( ~ ~ ~ ~ ~ ~ 2 ~ ~ iaa 3~ ~ ~ ~ ~ os ~ ! ~ ~ ~ ~~ ---- --- --- -- ~ - - o ~ 401 1131 i ~ -J 1114 ~ ~!~' , ,~i ~ q1 . q~Q 106 i i ; ; ' , i r , ~ ~ s ~ ; f o13 g~ Q46 i ~ 111 6 ~ ~ ~ ~ X017 ~ ~ 4 - - - -- ~~ ~ ---°--~ - ---_-!_~ 0 4S Q /eke 3 T W ~ - --- (-F ifi 1 ~ 10ev 41a ~ s ~ I ; ;~ 1ae6 sts •eee. ~`~e9 x ~ 9se ~cz Q 89 9i ?' 9 q ~ c ~ F ~ • ~ ~ 4~ ~ ~ •• qM~ F' ~ 9y2 1 1 310 340 ~ ~ 404 1 4~ 433 ~ ~ e0! e1' 6331 s~ , •. 1q ~ '11'1 ~ ~ STATE ' ' -------- 101! q~\ ;j, 2 --------------- ~ 1 337 ~ ------- r------ 93 , ~r- ' ' ~ - ------ 0I6 6 \ ~ 85 3 ' ~ i ~~ 19231 ~ 1 4s1 4 4e6 ' , Q y i ' ~ ~ c 92e 3 ` 832 i~ ~~ i m szz s,~s~2 .°Qe r one.., a~~ ,za~~~e i : = ~ s1a~ 5¢e aix m r---1 e39 eae ~ - _ ree.. ,~ tOb 1 ' ~,` ~ ~. ~ 931 ~ W7 ~ 94Z ~ 926 !r c -, 1 W c~ :~ • r • ,~~~,~~ J U L 1 61996 GTY OF. MERIDUN 1 r L, I CITY (~ ~9(E~KIDIA}~ I'or V ue Received t --- ---- _~ 2 I 6 S_D_9_ ._.-, WARRANTY DEED ^~%~ ~:~"- ~ ~'~ J. DA'~~IG . .. ', AGUR _. .__ RECORDI::; EY~~~~~ I NORA B. OVERTON, a widow ~ the gt;zntor ,does hereby grant, bargain, sell and convey unto 9z ~~~ I9 P~ ~ 9~ ~ BILL CROW and RUTH CROW, husband and wife 1709 W. Jefferson, Boise, Idaho the grantee s, the following described premises, to-wit: Commencing at the Na corner of Section 7, Township 3 North, 1 Range 1 East, Boise Meridian, Ada County, Idaho; Thence running South 0°12'37" East a distance of 803.33 ! I feet to the REAL POINT OF BEGINNING; ~. Thence East 301.00 feet to a point; Thence South 0°12'37" East a distance of 883.00 feet to a point; Thence West 301.00 feet to a point; Thence South 0°12'37" East a distance of 287.65 feet to a point; ~` Thence South 89°39'40" West a distance of 151.55 feet to a point; (f ;' Thence North 285.96 feet to a brass cap marking boundary ~~, of Meridian City Limits; 1 >~ Thence North 0°37'05" East a distance of 640.30 feet to ~ a point; Thence North 36°21'23" East a distance of 237.08 feet to a point; Thence forth 0°12'37" West 54.38 feet to the REAL POINT ~ OF BEGI NNING. I Together with all water and water rights, ditch and ditch rights appurtenant thereto. TO IiAVF, AND TO MOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. An•d the said Grantor does hereby covenant to and with the said Grantees that s he is the owner in fee simple of said premises; that said premises are free from all encumbrances and that she wi wat•rant :tnci defend the sstme from all lawful claims what.QOever. Dated: {/ /.3, 1973 STATE OF IllAHO, COUNTY OF On this i3 Z''G da f ~ 73 STATF, OF IDAHO, COUNTY OF ' "~"` y o . ,/tg , before me, a notary public in and for said St t I hereby certify that the. instrument was filed for record at N a e, personally appeared ~ t the request of y j~ ~ ~•~"ti'` ~•.: ~ 2 ' fior verton, a widow • '~ '~ at minutes past o'clock m., this ~ day er 4 ~ . ,.Ir % ~ 19 , in my office, and duly recorded in Book ~ ~ ,,,. • td'~ ' o ~ o[ Deeds at page Iu~u t trte,ty ~ b~e the persop who Se name is •~ubeed~~t4 ~^ ~thln~inetrvment d 'O , an S acknowledged. to • . * ' me th~t~ , % she ' } executed the same. ' ~ a ~-y Ex•Oflkio Recorder `~////~/~) tt/KL~'F~ .. ~: ' ~ . ~ ~_ ~c ' `yr Notary Publte ~ ~ By - .~ Meridian , lsaho *Cem~~.x b/ Fees t Deputy • iy~~ f '...-:1.~LIS.yi~ . Matl tq: I ,+ Cap~rol ~'itle Com any p . 80ts4 toAHb ~ ~ •l ~ ;~. ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this __~__- day of ~ , 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROV VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - G~~~ L_ MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 11.1996 APPLICANT: RICHARD JOHNSON 8~ LAMONT KOUBA AGENDA ITEM NUMBER: 7 REQUEST;_FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO C-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~~°~~ AsS U' rP~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 14.1996 APPLICANT: RICHARD JOHNSON & LAMONT KOUBA AGENDA ITEM NUMBER: 10 REQUEST; PUBLIC HEARING• REQUEST FOR ANNEXATION AND ZONING TO C-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS ~~~~ A~f~~~.~~~1 C~~~~f~ "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. ~ .~ e ~ . ~- _ _ _ . H°° a°° ~°° o >~ tar~a ,~ __ ___ ate __________________________________________________ z ,~ ~ i ~ I 1 ; ~ eta rose toes tree its 1 I I 1 1 ---- -----------. .. 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F ~ ~• I ~ . ~ a I I q~1 ~ u qys 'r 9y2 eta t ate aa0 1 404 1 ~ t ate ~ !ai 1 I a0e 6 62a sae ~ `• 1q yb .. ,_ .. 9P3 ~ STATE A~IE ' ~ ____ ~ _______~ I ~ I -- _-- I __________1 r------- I ~ -- ---- I I , ~ as • ' .. ~ .• 898 8 i28 t 4et ~ ~ ~ c~ sc eza ; I Q 4 II ~ aza ` . / ~~ 837 i ' 3 18i' ~ ~` i 2 - cl c: 418 ~2 I~ 3~ ~~ ,~~ 8, b ~o ~0 DO 3S2 + !2 =fAde~~ 124 'd3@ T Bf4 529 SE2 ~B . ree. 120a r r- ~~~~9 toes ~ a47 042 ~ _ OYb