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Haskin, James and Donna AZWILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C L ENN R. BENTLEY G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian 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 Annexation2oning to C-G BY: James ~ Donna Haskin and Mavme Ellen Green LOCATION OF PROPERTY OR PROJECT: NW corner of Eaale Road and Frankli Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH 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 ~ ~ APPLIATION FOR ANNEXATION APPROVAL & ZONING OR• REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION NONE (PROPOSED NAME OF SUBDIVISION) NORTH WEST CORN R OF EAGLF RD AND FRANKiTN RIL (GENERAL LOCATION) SEE ATTA HFn LEGAL DESGRIPTrON (LEGAL DESCRIPTION - ATTACH IF LENGTHY) JAM S A and DONNA L HASKIN / AND MAYME ELLEN GREEN 888-1236 8 888-2803 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 3140E FRANKLIN RD and 3070 F FRANKLIN RD., b'~ RIDIAN, IDAHO 83642 (ADDRESS) SAME AS ABOVE (APPLICANT) (NAME) (TELEPHONE N0.) (ADDRESS) ,_ DAVE ROYLANCE 336 7390 AND E Dale Ownhv 888-6644 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 4227 Emerald, Boise, Id 83706 AND 30 E Franklin P 0 Box 444 Meridian Id. (ADDRESS ) 83680 _ MERIDIAN PLANNING and ZONING AND MERIDIAN CITY COUNC:Ti, -__ (JURISDICTION(S) REQUIRING APPROVAL) COMMERCIAL (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 4`11 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) • • 1. James A. and Donna L. Raskin 3140 E. Franklin Rd. Meridian, Idaho 83642 Phone 888-1236 AND Mayme Ellen Green 3070 E. Franklin Rd. Meridian, Idaho 83642 Phone 888-2308 2. James A. and Donna L. Raskin 3140 E. Franklin Rd. Meridian, Idaho 83642 Phone 888-1236 AND Mayme Ellen Green 3070 E. Franklin Rd. Meridian, Idaho .83642 Phone 888-2308 See attached deeds 3. See attached notarized request for zoning .amendment from the titled owner's. 4. See attached Legal description for the properties. 5. See attached legal description, iahich includes all of the requested rights-of-way, roadways and highiaays. 6. The present use is three single family residence's, one older barn and pasture. 7. Commercial Planned Unit Development (PUD). With the Planned Unit Development, the City of Meridian can control the design and review requiring desirable amentities. 8. The present zoning in Ada County is R-T and R-l. 9. C-G, Planned Unit Development. 10. The property has 205' of depth .arid 796' of frontage on Franklin Rd. The location is approximately one' fourth mile north of the new Meridian St. Lukes Hospital.. Access for tree development would be approximately 440 feet west of the intersection of Eagle Rd. and Franklin Rd. By combining these properties together now, will solve a problem in the future with traffic and access-for the easterly portion of this property. Also, it .will be a real advantage: to have a PUD in place for future control by the City of Meridian. Next page • Page two 11. The vacant land east of the subject property has been annexed by the City of Meridian during 1.995 and zoned light industrial. The land north (approx. 315' north) of the subject property, known as the Olson ~ Bush Industrial Park, has been developed for several years. The five + acres. immediately north of the subject property is projected to be light industrial in the City of Meridian Comp- rehensive Plan. The subject property is located within the area known in the Meridian Comprehensive Plan as, an entry way corridor. C-G zoning, and a Planned Unit Development in place, will help for good landscaping, good designed buildings. and good signage. 12. See attached map with a scale of one inch equals one hundred feet. 13. See attached thirty copies of a vicinity map with a scale of ane inch equals three hundred feet. 14. See attached list of property owners, within 300 feet of the external boundaries of the subject property, including the sub- ject property. owners. 15. The Meridian Comprehensive Plan, indicates the corner/intersection of Eagle Rd. and Franklin Rd, to be a commercial useage, and the property north and east of the subject property a light industrial useage. 16. Enclosed is a check in the amount of $47677., 17. A signed affidavit will be signed, upon the notice being posted on the property one week before the hearing and delivered to the City of Meridian. Roylance & Associate's P.A. Eneers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 April 11, 1996 Project No. 1715 Legal Description for Annexation into the City of Meridian Dale Ownby 4.11 Acre Tract Telephone (208) 336-7390 Fax (208) 336-7391 A tract of land situated in the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Buise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Southeast l!4 of Section 8; thence along the easterly line of said Southeast 1/4, said easterly line. also being the centerline of Eagle Road, South 00°-55'-00" West a distance of 2650.15 feet to a found brass cap monumenting the Southeast Corner of said Section 8, said brass cap being the POINT OF BEGINNING. Thence leaving said easterly line and along tile. southerly line of said Southeast 1/4, said southerly line also being the centerline of Franklin Road, South 89°-32'-22" West a distance of 871.18 feet to a steel pin; Thence leaving said southerly line North 00°-28'-00" West a distance of 204.94 feet to a steel pin; Thence North 89°-32'-22" East a distance of 876.13 feet to a point on said easterly line of the Southeast 1/4; Thence along said easterly line South 00°-55'-00" West a distance of 205.00 feet to the POINT OF BEGINNING. The above described tract of land contains 4.11 acres, more or less, subject to all existing easements and rights-of way. Prepared By: z:lwordte:ct1171 SUega1.504 ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE, IDAHO 83706 208-336-7390 FAX 208-336-7391 »~~py 51 .. ,. r .7r~-.1Q ~•i: ~~~^ f'Sf. f.:F'S`~ ii p~.: ~ - S s y K r. ,':a,. ,;~L . .^ .. T.;IS :C; ~i~v'I'(JRE, ,vSade this ~~_ ~. ::: d<~v of i•^~•?rrli, 1989, r~etWeen GLF'N~; E. ~ ~,~•';~~; ~. ~~.~::;~, husband and wife, 3070 F. ?'r.an}:lin RO=d, P~~~ridian, Idaho 83642, (;...-.~...., ,-!nd ~-rArrLr ~~. rir~SFIN and DOZti.I, ~. I's::S;:7.N, hus;~nd a*ld 'Nife, 31='~0 r:. Fr<,r~:lir. ."..i, !'..'i.:li_~.., `=r_i:'.i» 8_'.h4?, Grant~~s. `~'i'lat ~"}1"' Grantors, for crt^_ =:i COnS1C.~•~Yat1O:? Or ~;`v:0 TflOL1S8nCi ;•'O'.lr Hli!?'<'r`'4 i~~:3:'.i.r' i~2,4(~(j.l)G~, dO by t}"i~'SO r.~r~s2nts CIL"i::nt, i7YC{an, Sell. ra.^.d COnhCf UatC~ }_.'?~> ~,-_,~~-r.-:<?, ±,%?nj r }?aj.rS Cin!j aSS.iCTnS Or~:'~r t.n=' 1:O11O'r.1i?G GE•SCrlbc_t1 rx"irc~~l Of lc:f'tG .; ...-.,~t:": _..n t1;e' ~,:JUl}t1~ o?_ 1'lci.`i, :,i.8`..C.- ^.` :I~I~'. ~-), t.'~-Wit. A [r~rtion of. the SE 1/; SE i/4 of Section 8, To4•nship 3 North, Ran,•'~ 1 East, II~isr f~'Ihri.?ian, i'Tl~r° partic:llarly descrihy.] as follows: Z ~ -~;.~,-~~ ~?~.l f'." ? i t:~° ~Oi: trP= =.° : COYn!'>r C~ .~.:.., w 1.O!"1 ` r ~'7;•.'i1S}1_l-p .. ::Or'_I-'., _ .= .'.C.c> .~ E.::st. 3oise ~4-~ri.di.an; i'}-_iT?C~, cOUth C . :; j1 ;._.. IOnO 'r}?i' .~iGi:ii'' lln° O':: Sc.ld S'2Ctl ~n 8 a Ci1StF.nCE' .: 07 1.~_ i fe,->t ;:C. .'. JC1...- 1n S 1 C? ~^U'=t1 S~ct~-on llne; ~;-i~~'. n'''"". 1~OY. i.n O:; c3 11:'ic _=ra llel t::i +-}~ `..j-•~_ t~-•St 11nC~ Of Sc"71O St?Ctl.pn S~ u . G15`_c..'-:Ct° Of 2C=~. G ~°` ~O 3n J.rOn L)1~2; ti, :;^n ieorth 8°°'S -.:: ~ on a llnc- ; aral lcl witl} the South 1 i.i?:. o sa i d c.^tio~} Fi a di....~~r,c- c~ 1..3:.0 ; eJ:a tc a L.~oi.nt on the Eas'c li:,c of saki ~_ .. ~ i r~,n i3 y~,-„r ~ i-ti-~^ i T'~:::r.=,., ~ %:l ._.._:.?-CXL ....;. r)CantS O:: '+:aV iOr ~.,.}:l n !tOaC; ..Ty~'.}r_;:. ~:1'f'..... :...:... -_ _'"r".. ~.; :..a ;~7r ., i ~m d~„`_i _d to .: is Cotlrt,~ 1.3irh;•:a\' Distri. • ~ • ,+- ~ ;}. ~" :'r'.iCf? ~ }.~7?; ~1S ~.n5`r::fP,=.;t .`;~~. 7312902, i•',J:,it.]r.'> .~.':~a;i°?'`;'.~ ~."_..:. ( 'in .. ,. ' O',J C ]c. CriC:~C a>?rcel Of fund: • ,-, " is YI? t. ; i 1 In C S ~Z ~1~:"-~.~'1. OI 13na i'.':__.?.- nh r,-ip ~ti1:<nS L~t>r? J`l ci-'.}? Oi the centerl ine Of _ _-~,~i,_ ;~r;;:c;, Pro:-~= ~•~~. ~ ..-_;~'~i (c~,) :~.g'r,:~:a,• Suave, as srati'n on th~~ i,?~:;a tnC .._h, nC?n C?~1 ~...~:' ?n t;}l". n. i].C`.'_ O~ t:?E .~:)i.?nC TrcnSl7JrtatlOn n'~['c_ .T,._'.:"_, J1V1i.on Of i?i~h-..~'•s, an:i iy~inc~ a r'~rtj.on of the SE 1/4 5E 1!4 of. St-c~ion fj, '1'C••.71;'a11.•^. :.i i~f?:":"':f ;~~?i7.^n 1 }_ti9s~, 7~15~' tk'r1C~1111, (.1BSG2'].:~eYI c:S TO1.1G.i`T, I~I~~; i- ,, ,G~~~'~ ypy~ E t l 1 M . ~k .: , :,, ,r r<as;,r}. ,;~q. ~r a.~t:';'~s~ 5:= ,, ~ +~~j; ,a~.ry.~~9~~w,~4u'c..;x5~.....:w.: ~.. a+. #'a'~dd9'~!~' t ';',_'.a ~~~_:~~ ~a.s'~c:~i~k...s.~......:~<.n'~~s1~...a ,'.~~ i;„s;~.3r7r~t Dr..i'~~ G.~rlt?]c:ncing at +~~e Southeast corner o~ the Sr. 1, 4 ~ l/~ of Section ii, Tc~•1?ship 3 `?orth,' Range 1 ~~st, Boise A9eridian, wt?iciZ So::t}?east corn^- ~ s no~.n~ car. i-.he centcrlir-~ o~ said Eagle Zoad, Proje::t ~.o. 1r-3271 1441 I~irhway Sur/ev; thence Ivorthe:rly along the ;..-1st line o£ s~::,ic? S 1/~1 SL' 1.,~4 3 dista~!c!~ o' 40.0 feat tv the RE~:L F"JI;\7P OF BF,GZi•u;IIvG; thenc~_ conti.nuinq wrtherly along !;: ic: .a st llrle 165:0 :crct, r>v:^ cll. i~ ..:;, tO t!]f: I'+vYt}?'?c,St corner Of file f1TSt traC:t. G!` .ic17?G ~S Cl•:ieCr::CNtI 7.71 ':.~i'. c`rtair. t~:_zrrtanty ct~;=ed date-'d Jamlar_; 9, 1.93;-, rc~cord~rl Jr~,~::t!-Y 1~, 1`'^.'. '-=~ F3OUOK ;]i~C) G?L- ~.k9C~~~' 649 as Instrurml?t :'y`. X20,.] 39, rCCY].~S L4 . '~~: (-::... -,'r Idaho; f:l~'irilC:r' S"~r~`:';.~'rly 2.IoncJ tl?~ `'.:)rth 1l.ti^ Of s.id tract Uf )i~.%C1 (~).~~: r' : _.. -. ~Y.:?t, In a 1?nn ~~?rall~l 6'1'~:i dT:~? l~1.0 ,C'Ct. 6;cst....1y _. _ .? _ sa id I;ig way Su:-vey; tPenCi? SC',tfi 1"~7 "57" 'N~:it dlon<' '":i~ c~rallel Ilrr 145.0 f~'r'i:, IiYJrF=, "'' le:.~~; Y to a po.i nt c~A~l,,~~site S:.<ti c,;., u3+uE . U7 of said liirir%~i3y ~,~rvc.y; L-i~enr_e South b8'' 2.9 "05" 4•J~ast - a4.3!', way lin:> cf Ec}:i=tinr.?ran'.:I~n =':~... feet to a ~-»int in ti?e North rir.'.;t ~; s a4scri~l in that c~_n,~in P:.:a:_ra.. _ ~`ri.~~~:,t tl, . 7°1290%, r.~,;.ord:>d ... ...::, f.'I?C'Il^. ~ ~>OU`i.t; ~-~l^ r... '?r. „ -A-t`fi ,::1or _,31U' i2 t "+C~'~.., r1Cj}1t :}i :::a',.' 1. n= . r.~•. () (_•_~, ^'t~r~. Cr it_...~, o tt1C' i.UL O' :~GIIJiiI~'- lii.t?i'r. ~, Stat.ion ~efere:lvc~: E3+4~,,0? to ~~ ~--?-<.p i '1~:'.c. ~ - CC",' -!j F^1.. 1,.5.;';" ..C.f~ Cy^,.?t~1P.S c.:ia]rO 17!.. ~'nl: t.~~if? i-i."_ ~i'L.. ~'...•.~!] ':'~. ?<< .._ ,14._.i:. .. ~ .~ .~, :)'~.'_..:.Uil O~ i:'_'jll',::, :' ;, _ _r~-.-,tc, ... ... ,.r. r•'.• _; .;.:"..) ~1~ 1t. `.: S;l::"CP~i c,~ c. . r,:j r.,cci gi;<i, alJ. t?};y$iL irlg, IL1tUrt' OY 17J t'cifa:~l1 ..., r r '{--''„tf'(i.':' r.~ .: :_r....`c CF '?C'C';:cc, i ~C~t'~J`',C Cr CC•r!'rS, tO, , rr.i,; !]I~ :~.•.. ...~. ~. ..... _c.J _.,. ...... __ ., 'r:r'~tV l_'.Ca~i.P'i'> _;till%tcj~_° 1'' t:'._ 7 :il'.: t '.tia` C~' 1'.%i!'~~_ ~<Ga;:;, .. _C':.:_ ... .~~~- .-ii £'}.t E'''t :Or i.i t,( ...,., :.C> r'I'_'~1 t:1 ..1; ~ ;t'~r"i\' l:.'O:ft StB t: C'~.^. ?ifiii ^` nc. .. ..,~:.1:i .Ga..: .'.1X ;' .. _.i..:!L r'. ~.. iJ~....,.^. .~'il.:. t..l., .. .~:~~:. J..~?;, _i.r_ l.l.~... ..] T;.~i. -.. (i ..,:~a-1Si'~~7: .~.. ._ ':? ~~. ,ri......,~iii.., iii Vi S.,. (]:! C]~. lii C,.`J'n'3 \~~;, i:~:r] \ _.~ l1ntC ~`::'.~:, 2t`' ..LQ. .-.._~"• 2!C 9;.^,1c71.., :r_. 1C"lt ~O i (.. ~-~J. Liar' ~^i.1O:1 !~. ti,,,,StrUCt1O11 C+A ,:!Z`' !.)ll:.~', 1?C7! r:- :?t `"UC1.t1Yr":, t:'i:Ca';7t' 1T'1"1Cy9t_].Ofl C)I" (7`';?1(llrr• ~, ~yg a1c 'a , Pte- r• c.~7:_ .. C . 4 2~ ~`~ ~~;wr>,~,s'~y„j,3A~tt~ri'i~;>i.esdy4*•~, ~? f ~ w Kt a • 1 ~ f. t stT-ucM~ures, ~n the pr.~~re:rty atave d~ascri.t~_cl within 20.0 feet of. "the right of .;::~y `,~,ur::~.;~r.:,' of Eagle Roan, Projec. No. Fr-37.71 (49) ~t is ~:k~ressl intender that these covenants, b~.Jrdens, and restr.icticns ... J t r~_:,. c•;i~h '..,,_- 1-; ;~ ar.3 .1~:~.t '-t 1 :; d th .: r ~ ~.t~e}~ sh~-1 1 in ~ Grantees and their heirs <:;~., `~C:X~r;:;-ii'.R ';:itir :~~t?., ~ rd sinr.,~rlar ~-~n;] t~'r~rrt-•a*C, ;~err~rlitarrrenCS and _- , -,. ..~..,.c..l _... ~iii'J:.'.1.7t.G ,?.1Cr,Cyl.n j i.O 1,^;: i.t] .":.: r~SF! ' ,':r'rtdlnlnCJ, t:~'k° 1"f'V~J'S1Cl1 n,".'.' x'E:•`;rr>..':'.;~.:;';., J"~.:v'i111C~f'.'" iir",C1 .1"c~:!131.;1ac?YS, rC'nt;?, 25~UE::, ~~d 11rG~1tS tii':rE~~, c''.::Cl (:St::t`Pr 1".i.;71 ;~_, ~1t1E?, <7:Ji:. 11":'~t?~.";% IR sa': J:G i:.~]c_' c; ra li. C)L G7?rt:V, c1.S well lfi lil~ti iJ.S i!1 ?;'1.. . 1:: ~ .,~;_.. ,,._-:f .. _..', thE: ~=L'2:aC . ~)".._ t'I~rE'I;J1~C) E'i:C'CUtE'd t.''JG;i? it"~:':i~a.^.1:`, ..:~ _.it~ . ~, '<i ~ ~~/ _ 1 ,t.~~, ~~- i:`it:rln~ Grr~=n, Grantor ' ~n~-~ ' te 1 ~ " '~ ~ ~- ;~: M ----- r ? . ~ ,:~=~-- ~ _.._ t•.a};rt:~ _ :'. c__.:, ,; Grantor ~t ~7~L"~~'S rr;. i~.r:<K1J2, Gi-~~itee~~__..__..___..___._._ I N>rr,a L.r:~s5k.in, Gr~,ntce _ rt< k' 1'c? yt'. .. Ui :1 . .. - ....., .. l..y..,.Y. ~ ~., .... ..... ..•,.,,y. ... ~. ~vr~R`:.~1i~7i"i D%FD SS. L.JLii-_..• ... -~ ~~ ~ n,'1 ~:11S ~ ~~ Of ~',~TC;1, i9o:', 1~LOr° TF'~ ~}~'' UI1Cersigneur u I\Oic~' F::P.I ,.L 1P. c 7 iO~ Sd?~^:i.E-'~ ~?°~SO"1c311 V 3C?~'t?::ice.: ~ ~i~dt\ ~.. CatTZC~:~ G .;:'?V~,:1: ~. C.`Z_-j'i'+ n•':~) 1.„~;.,-;..~,:,r;...tr~+rr;r~nEµ~pp:csmeF, ~:Ar~as~~ooa~t+rso~~ }:;10`+`1'1 ~O r2~ i.0 iY_' ~il~ T7`I"SO:1S 1+'~:CS:? Ild:7}'_'S e~i~'~ ?L~ ..._.__,, `L '~? `C."t?CO?'.1:~1.']StYl1Ii1^_?l`r ,=1:~~ c`:'::i;C~\dl~~. ~cta LC ^k? t~ic± ~lE?V t':?C:L:L`c!: ,:..~ ii. ,,'_n~..=''::.. ~'a!I'.~~':T;~~r 1 Ili?~J:' ~1.-,r.2,LiC!~O ..~~~ C1\' .~~;;'1_~ cJ?C1 u'_~fl..~^, !iP~ O ~1.....,":i 1 ':c:.~ ',.::~ C: :i?.,.~ =ii?~ ._I"1 t:11S C:°Ytl`.1i':.'i' ''_?"Et ~:'{)Vi' .il"~t~°i1. /~~ a ~~y ccru,.issicn expires ~-/ ~~-_ - J ,1~aF'e Cw..Ui• le~~ o v ~,~ l?? ~ lD ~ ~. gt ~Z'• R~ .~ ~p c F ~+~~ ._. ,.. .., w..r.,......... ...».....r,..M...ry~.n.+R'rh..n...mti!.+Wys.i••,~,i .ew....y:1...... >,'p'I!.1Yr;[T' AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I ~ .TamP~, ~ ' a n^Tna L Haskin 3140 E . Franklin Rd . (Name) (Address) Meridian Idaho , 83642 (City) (State) 1. That I am the record owner of the property described on the attached, and I grant my permission~to; Dave Ro lance and/or E. Dade Ownby To submit the accompanying application pertaining to that property. ~~ /~~~ day of 19 ~=-~-. fated this ~ (signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary ublic for Ida Residing at .~,~~~®~ .~,~.„~ My Commission Expires: 1 ;;,;, • • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I Ma}~t-e Ellen Green + 3p'7n ~ Franklin u~. ~ (Name) (Address) _ Meridian Idaho , 83642 (City) (State) ,, 1. That I am the record owner of the property described on the attached, and I grant my permission~to; Dave Rovlance ~d1^r F naiP OWnbv To submit the accompanying application pertaining to that property.. / is ~~' day of LL~ ~, 19 ~-. Dated th /~ --~~ r ' C ~ _~~~.~ ~ (signature) SUBSCRIBED AND SWORN to before me the. day and year first above written. Notary Public for Ida Residing at ~/ l~~df~/.F-N My Commission Expires: f ~ irk 7 QUESTION N0. 2 See attached deeds . ;x a. ~ ,~.~( • / t 1~.)E3~.~.T ti. ~~I.E)R!D('4~, C#EARTE:H.~I) '~'~ '_ ? ~ / .att:,rney at [.aw ~i ~ C C!: ~ _ _ : ~~ _~~~;; ~ y~ ~ __ ~.,_~ _.~ 12(19 North Eighth Strut ~~`~ r3oi:,e, Idaho a?702--1297 . ~!e-~h~,n~: (~o~; ^3f~-~,RNO ':i3 FEES 10 ~?11 9 51 ~ar*~in araa~ ~1~ I~+~~ TF-iiS',~'hLr,~7 vac ,made llecemher 30,1992, between James .A. Harkin and I>onna L. F{ackin, tu:;h.t~~~. znd wife-, 3I~?~ East ['r~n~lin Road, Mieridian, Idah~~ 831ri2, the Grantors, and the Fia::kin 1'~'-~2 Revocahla Trust, Trustees, 314(; Fast Franklin Road, 1leridian, Idaho 1±3642, thr Gr::ntee: ~~'1`T'^;ESSE"1'H, th:;t the sari Grantors, for, and in u~nsideration of, good and sufficient ctrnsiderati~~n. the receipt and sufficiency of which is hereby acknnwiedged, hereby grant to the said Grantee, ;urd to the heirs, a_ssigru, transferees, and successi~rs in it t~.~ru,<t thercx~f, fiirevcr, all right, title, and interest h~!;i by Grant:~rs in that certain piece or parcel of land siu,ite, lying, and being in the C'uunty of A~1;~., Star ui~ [d..ho, particularly descrih~~n ;ts follows: 31.10 E. Franklin P.d. 'sleridian, Idaho 8:42 A tract of land in t1~e SE l/4 of the SE 1h of Section 8, 1'. 3 Noah, K. 1 East, B.!~9., in Ada County, State of tilaho. more particularly described as fellows: Commencing at the Section corner common to Sections 8, 9, 17 & 16, which is the SE corner of Sectior, 8, T. 3 North, R 1 East, t3.~9., in ~1da County, Idaho; thence South 89°3>' «'rst along the South line of said Se~_ticn 8 for ,a distance of 13S feet to a point market by a n;:il in pa~~ed Franklin Ro`.d, 'hr REA[_ PLACE OF BEGINNING; thence South 89°3.5' West ::Inn~* South ling of said Section 8 for a distance of 100 feet to a point, SW corner of parcel; thence ":orth along a line parallel m the East line of Section 8 for a distance cif 205.00 feet to an irirn 1~ine, ~~~'d corner of parcel; thence North 89°35' E;LSt along a line parallel ut South line of s::id Section 8 fur a +aistance of 100.00 feet, the NE corner of parcel; thence South along a fine parallel to East fine of said Section 8 far a distance of 205.00 feet to the PLACE: OI= [3EG14,tIN'G. To;ether with all and singular the. tenements, herc~iitaments and appurtenances thereunto heloncin;, nr in anywise apperlainir,R, and the reversions, remainder and remainders, rents, issues and profits thereof: and also all the estate, right, titlz, and interest in said property, possession, clairn, and dem;,nd wha'.si~ever. ;te v:e11 ir. law as in equity, of the said Grantors, of, in, ~~r to the said premisese, and _~~ery r,,a~t and parse! theret~f, ~~ith the appurtenances. T(1 Li.4VE AND "?'O 'r?CLD 211 and singular the said premises, together with the appurtenances, unto the said Grrntee and to its heirs and assigns forever. itil ~VITtiESS `.'.'f-'EP.EOF, tl-~e said Grantors hereunto set their hand ant se;:l the day and year first ahov~ written. !au~~~r ~:,, +r» t.ROq..w,~+-.r~v~~4^' yT,.~.,-q.,,...WT.~t.'. ~.r...., ~ ' r ~-' Dahl December 30, 1992. r -- - // ~-~ ]~~nes ,0.. Raskin I w_~ ~ ?donna I_. Naskin ""'^'''E OF II~:'~HQ ) ss. ~`Q~ I;`~s`T :~ JF FDA ) Can December ~£?, 1992, before me, a Notary Public in and for said State; personally appeared ]amen A. °~as!:in and laonna L. Harkin, husband and wife, known or identified to me to be the persons whose ram^^ are subsc~ ibzt! to tie ~~~i!!?in irstn.~ment, and acknowledged to me that they executed the same. r°t 1"lITNECS 1~HEREOF, I have herPUnto e!aced my official hand and seal the day and year in this Certificate first abave written. -- ----_` .. ..1. ~. y ~. i ~ (• 1; .;~ ~.• r .. ~`f: ' 'ffllltf le/~ -_ ___ ~~ Notary Public for Idaho Residing at Meridian Commission expires ]uly 1, 1994 is r~4i!A'f ~•~ F W w :, ~ .. , ~ ~ : l ~ ~. ~r f y,A. > ~'y,r fry ' 't.a• ~ Y '~ } ~r/'is; ror V,tlua Racoivad i4.1RYlFI. PERRI, formerly,~Mary,~Fiugholl"; "dealing ~' ' J I ' ', w~.th hor :toll and separate property, ~,' ,"~~~~~ •~~l r'~''~,rvj l ':~~ r{,'f~ th° L'rantor ;; do C9hc:~:by t;nnk barg.:'n, soil and calvay'unlo '';- GLENiJ ' E: ,'GREE;i and, ..; n i•;,1YA1:: cLLEPI CREEtd, husband and '~rifo, ~ ~ '~`~- ,~'+~.. .~ .. ; • f~..3; tho Kt•nnttws , tho following descrlbetl promises, to•wlt.• ;~ .ti. ~y • i ,4 ,~~ Degi.nnin~; at tho cornor common to Soct;ions' $,~ 9, J,16 and:~17, ~~ in Totunahip 3 North of Ranl;e 1 East of thc~ Aoisei Moridi~n; ~ ~ ~ , ~,~, thenco running along the South .line of Suction .3 ;;South $9.32. -:.';,M.; ''lc:~t, 2073.'4 foot; thonco North parallel to.,tho•`North and South center lips of Suction 6, 1150 foot to theISouth~ boundary !!;''. ~! of railroad"right of Wray; thonco South $$°32TM. East 203$.2 feet > ~•~~ along tho South boundary lino of the Union .Pacific Railroad ~•~ '' Companyts right of. way; thence South on the `line•'bet4reen~ ''•,~ Sections $ and 9, 1096.7 foot to tha place.~of beginning,.;coli- ' twining 52.45 acres of land, morn or less,;togother with•12 •`` '1' inchos Itidenbaugh water, 20.79 inches of govornment water and ' 3.1 acrd fast of storago water, all in the -IJampa-Meridian' ~' Irrigation District. ~ ~.~ :, ; .; • ~ ;.. E;CCEI=T' therefrom the Ace F;us].er ~ • }. property e)sseribsd in Instrument No, lt0.r,1+46, rooorded April 1, 1n57, and EXCEPT thorefroln the CLenn E. Crcen property described in Instrument No. 39$$24, recorded Au?us2. ].l, 1~5b, al. ]. irl the records o~ Ada County, Idaho. '1'0 IIAVI: ANU '1'O hlOl,f) the said premisc~r, Leith ti,cir al,purtenancen unto the said Gr:mtce9 , :.h''•ir heirs and :,s..ilmx forever. And lha „rid Cruntor do O3 hereby convenmlt to and tsilh thu ~sid Cr:urtce :, ihnt ~ he :is the u\vncr in ft•n simphs of said premises; that quid prernisei are free from sll incumbrun~cs :uul that shr, will warrant and defend the some from all Ltwful claims whatsoever. Dated: •f ~ nua t'y ~!S , .1Gh0. `~ . tii,1'rI: UF` ID,\IIU, Cr,f~iTY U1• n!]A On tnia , s- l~t day of January , to Gq bcfnrc mr, a notary public in ami for snit 9taGe, pers°nully nppr:u'rd I i:~\•7 (;. Pr:rr•/, for~lsrly „wry l!Ll;;i:e:.t., d^:~lin ;•ri~:.h her Hole ar.d •~ tt~ r;~ t ~~.. nrp~ r, rty I , -'t ia~i~u ;,1; ;cro'vn tcr(~1 +JLn rhr person , ;:~whu 3.3 nnrnr nantcrihr,l to t1iKh•i'.hin in,tn,mant, and acknow!rdgrd to I mr rhH' ,~, ., ~. ~ ~.aecutrd the s:,me. ~ .. ~-tin-+--~ ~ '---;~ ~ `_°_ ~'e:- ~. ~ Jn , .^ ~orary 1'uhlic ~7,, • _ - ,., .~._ s•rn'rt: of lD,-lro, covvTY of ~~. 1 Iwreby ccrtlty that this Instrument was Olod ror record aL the rnp,nt or f)SSI hidt'.{1CA;11iT~E L'i). +~t ~ minutoa peat b'- o'clock/{, m., this /,~ day or ~~.-.,:/ Ip f.'J, in my olOrr, and duly recorded In Uook nt l,rrds ut pgga 1~' ~ ~ ' cl_„r~F_,~1CE A ?Lrl>`IT1i`!A -_~~-~••~--~ Lx-UltleTo Itreo~/~r - . •r. ~• I I ,~ ~ .+~'1~ ~r ~i•~~II tir. i ' I r~ 1• ,1'~ ~'~ • ' I . ;y.`t Ij I ` 1 ._~. ~ I r 11 Y hur V.Ilytt Ifni ~~'tvi ~ I' ~• r I Ir ,,; I ~ r ,'J /. + I i rr112. lLItiIL•(41 .kilt' ! I'?1•ulte 1. •hl'n~ t: ~r t, .,,1,i.; ~'i~~l:! I.t /,! 's; rll,~t; ' t t• •1 r i • - I, ~ r _ 'I.I lhr ~r:nli a; j.~do 1 ^irnbt !;nu1t,• hnr •un •tt jlr nd rlr It'ei• Il .liT.f': '1~ ~ t (' ~ I ~. 'rJ ~1 i 1 !' A,: ',Ilt .1'f' -i'. ~~~ I ~lita ~' ~ 1 a. JtCCK.~. I . i . ,t 1 ! 1 I ' }} 44 ,• S, thv y;rantr~,~ Htth ft'Ilvtt•Itt>, ductlhod I,rrn icrv/ in ,,,, U l .., til rnl idnhu; •tv toil: ! .,y ~` i ~ I I •. ~ 111111 I ~ t1 ~. r I . I ~ r1 tench ,l~~~~' 1 Cn,~ •lrl •thc :;E ~•l: ~ I I ~ I~ / ~ !~~~I~(~II;;~I ~~1n nr1R i,'.~int •' 1'rtaho, ~~ ~•, , ect:];orr t~., 1'. 3 N , R. 1 .: ., 'M~~. :,~. I• ~ mo~,u.,prtr, :i~t lgrl~'•,~ic;c~ribe t ~ ('g11oWsD ,i~; I~ V=11 ~~onuticnc `~• fl I ~ the SL•'.,cornerti of• setl 1 • ; e t to t f.3 ;-;'t rk~~e ~ ,, ~ I p; ~~ ~5ouhlt 8~. t;?~' hr.st glonq the.: o tth line Hof !r,'id' S C 1,on;~ 35 fe~• , . to ~.hU ' iUE 'POINI'• OF 13?GI JNI` "'"; t ttj.n~ >. ~~• ;' ,•~~j ~f [~i Not•t•h~nf~rtc t line pnrnllol:to the Fns lii~©IoC~ a~t1 ~ ~ •~ II • ~ ..0~ 1'r:e • 'thence ' . • I' ~ I ~ • ` - •~~ _ r , `I^ ; South 8q°r,rj' ~c:>t, 100• feet t renc ~• ~. I I ,i1 . • ~r« 1y~- f' :5outtr nl~- ~ I:ine pttral,lol~.~to .the •~}~tt,,t' li le~;of .At1 Se~Ctlen, , ~I! .4; "- COP.i {~e~l~to n point 'on.1;h ~ t~ liinclof sa dr ec~!lon; r'• ~. I ~ I . ~ ~ n I, 1. I ~, r I ~ , Not•th ~~ ,rj} ! its ~ . nlon;; :~'sid 'utti 1 ine ~10 f, et ~t ~~•h•t'1TRUF ,,.-.'1 -'OLI~I` 0 'BEGINNrNC. ` ~ ,; I ~ ' tl.r'+l~I .'I i { nil,.' \: ~ iII •'~~ ~ ~ i. r, .~ . - ~ d, . f ' r r I t ~ti ~. r+~n v •I n .1 . I 1 ~~~~ I~ 1. ~ i ~ .~, 1. i. ~ ! ~ - I' ',. U , ~ f . ~•IYt I{:\\'I? :\\U'I'ly li{11.11•tLt' ~Q ;n~•~ml~c., tt•itll' hi•ir. aphuPt~'n:in•es~irnto (h cai It (~r, uIPC.^,', I ... ~. , :• '•hrirsl:mii :I.vi~•ns fun:,,lrN And th .ail Cr•:urtol•- , 1 do ;, , h •~•I •~ rot't ~UI11t to rule! kith th,•sai:lrlrnntr•t•.: .lhatrI lhl ~tl-con~nri• in'tlc•tiunpleof. ud~fii?in ?hat~hi•}'ski r«~ i ;ruril nN inrunllu':Irn•"~ .I I - •.i'~ t ., ty~~• ~ ~' • i ~ .. ~ t .. , ,, . •'. '~.~ . ~; i I.I ~ ;. ! I ~ and that • ho a rll ,I :u run 'Ind'' dcfrntl lhI•'vtmP l rl m alt I:I~rtl I Clan at t•h:itzo •l~rE . ` ~ 1 ~~ i• . I I ~ ~ ' :i' 1 i'r 1 I I ~ d•J ' • ~ - ~ ~ ' ~ ~ r ~ :. ~ i /' .l ~(:_~ tti..` ~I.~U., rte. _ )', I I I ~ ~ I t tt'.Irr nI'itlr . ~l.~n-,t"i ' ~ ,J I :; ~ 1~ • ~j •, I t• ,_ . `-~ • f.tl~F. trr a tltU•(,U XTY ol~ rt ' - ~ r ~ I 11••n•6! •rr.dy thallt i. in.+truniq~t ,t~ li-IA (nr'ro.•'ri al -%, t r r u., .I r,• Lrr,.l 1 i, in ..r 1 r raid .~t..i r+r. i :rlh i. . r ~gw•rt u(Il: { , I~.. I ,~,,'1 i ~fl .., ~) I . + -: + ~ ~ i .. .. :'J ~ ~I r ~~ i i .y•, .~'f ~Ilu: rart 1111lr r .~ I/+ ~f ~^• i ! ~. •~ •. '' 14 i 1'' • ~~ iY other .P ulg nv,nl+d 11 •I• nhl ~[ ^f ~•` .,, •,~; t,fa, I41r rt ~ r ,h~ r ~ ~, . ~ ~ ' .' ~ I 1 y' ~ •' .• 1•~~r..:~1,,~+ urt~•~. n, r.,t,,•r.r~r• .I tl ' ~ r,. I'1.1;~~'1 G ~ •1 ! ' ~ ~-+ ~ 1 \ ;.\I I'.'1~ i. ~ I ., 11. Ir!{i I•, It,Y 'llr I ~ ~ • i.. I ~' y, •' I 'ter.,..... ,`~ C r t 1 I' /, 1.~ i , i ~ ~• t sl~t4 I'unli; ~1 r~I .I. ~ IMpu•! I I i . • t .. .. i.I~I:r I,• Irr. ! .1 . ` ~ I I !1' ~ir• ~ ~ iT-{< .y ,t 1a~" ~f 1,~~~ 1~, ~'`.^~ `';r "' ,~.y~~. ,r , 4 !~'ilv .I. .1 ~ 1 .1 yM '1::,:. . y+r j rr~~ i~l~~~. ,)` ~a .~1'~ f ~tii j` : A'I~Y ~•1''~Y1~1 'YII4~' li fi"~SF'u~t~• ',li~;`.' 4 ti7'~f J~~ }. `j ,'r~t wi~ t~ r ~. ~ ' ~t ~ 1' ~' r , '' )~ k r' erf e+} a rl ,°, ti ~ y / tl ti,rl (e j tf.. t, ~• , t a „! 1 ~y ~ } I,~r. rt,e ~'~ d' ?},,(~f ~'~, ~v ~ t k' ,,1{a ~Tri ' , 4{ .T~ s4. ' .r t ~ ~, r:' 1N ~V r ,1 ' ' t' i a'4 Y ~,ry '~ r Iry t , y,'~', tifr i' 'r• ~' ~t BOOK'S 4~~.PAtE~1~ ~ +~~;~ ^,~~~i ,f~f.~a~,}~~,~~~~~ iii tif1~•'~''~,};~' ~'~S 1~ I ~at''~y "} '!: 1; i:, ~., / .~•;' ~ ~,. r. ..lt -~ (2~+n~r'~~. h{.,,i i' ! ~`4~ 13~d`. !'r r+„.~,,,i l~~rZ.)r *. ~ l~ I!!S IN~DpByN7'~tU'tRl~bt"1y~mTTdi~fNi.;««r.~ '~ ..,. J 1 4 r ,,,,..;~....~- ~. ., ~'r ' ~+efllee •7wA+h~1...A1M~c611ildIM ~ ~ W 1 1"'• i .n ' 0 ~ v 1' ! ~! ^f '~' , ~ ~p ~ 1 ,! j~~'[r, ' ti.'~1 l''\ ;r' ~.b.r! 1~r 7~ f~f~ IF. •1X 4+) 1 . r~)ti ,r~l' r•lh It ~ li rl tl (// + ' ~ - '1 tot ~ ^ 1.'~,st..4ilf1~ r ~ ~Y w..%.j,....r,,t1..,,,~,11u~1, ry, ewn~ t.. ~.._~L~... tt~:t.«?i. n....,: ~. « , rr. ~?y iGf,ts~.t A~MM.LLi., a.i: .wa.:4.:.•.~.«~ sr~+0~...:1 w..i~ tr~...« ~, /' 't,: r i °,fhe Y .,:ot tn. ar•t!' t arid!'; .AL :+;,Qf.~i hlti: ~" `91~ ~4:;.huetk .BSI. .~' .• I ~ t ~ , ~ , ti, r 1 th..,•) 1., r.. . ,, . , ti ; ;c«!n-, a<..._...A.c~$.1 :1;:,:w , , 6tab~o/~ •W~~~ .; ~t-~ f, r ~ r~4w a~-f~ .::.~ th.':~eotd f, ' ITNESS TH that tlw••.. ti ,(~• II lor.~ud•;ln: r~tl _c,(,'f/y ~ ~. ,al ..~:1f~Q. ,HQ.Il~311, R .l~fQ4~.ki.~l,V.Ni?t~ IJ ,.~.~, ~Q~~.~lu..~ ~,,,,,,.,,,,~ .t ~ ~.:,~ ;Dd ~ r lawlul~ Y d t ~ ~ ad area, rfoai.._. w w,..:`:..r._ :..1':. ' :.,...::..:'..«... «:... ..:. .r»~ ..-...i.:~..... :fo,_ ~ e21..7n ~ d.byi`tlir+, .:,;e.Q.d'the..eord: `.it, f/»~ j~iaalpt•nh.red.' ~:• ..r_.cknowld ., t ~ ~1u?.:.'..'/ranted, b'arAalnaid,;igld,' Y,fl!Ow prjwnh,'do.:...4~ranf;,~~~1n;,°o/l.and. ri con&at fo ' 1 the aai part:?..i,Q~.o! the nd f,; end !o ~t~1Q~,~ ' • aaefA , lohrii; v . tlu. trlry d ! •: ' ~ 'rep! as ats, sltuaf d J.. f ~ ~ " i ,State Idaho, fa ! 1 1 '. ~ t , i '` tf ~ r ~ 5 ~! ~ t '.~ ) I . 1 I r. . • Colnal~-ci g c:Section;cornlir c ton ltb,~9ec ion t$:~ 9 &. • ~•' 17 $~lb, w}~ich Y }}dI3E.,~•corne ~' 9ectionj$'; .;.3 ~+' • I r f '.~+r ~ H.• ].~;.;1•Ig:M.; Ada C~4uity;;tId'ah0 ~';.' ';~ ,t..t ~ r' fa ~ .;. ThenFe ~outh,~ 139° 35~~Weet,rilon •' out~~,li~e~or aid' ec~iom.' ~ • - for 'a: distancof aS 135,'feet~;to' ;~o~nt': ma ked`:b a iL' in. „• ' •': ~•. . ,t paved: F'ran~l•in~k`oad' the';:real•` 1,aCe of!;begign ,•.% •.•', • } .• ~•} Thence' Wes So t'h $a!`;,a~f.',Weet `a'longll~outh+.];in of uid'`J ''? - "Section !S tf or;a;^distnnce .oT~ 20 Iteet`Ito a 'porn '"ma ed'•by a ~~" ~ na~~:,in puvernej~~' ~of• Frank~.in ~R ~d; ~ 9W: corner o : pa el7e' \ ', ; '1'he~ce Nordh~ along .a• Lihe` pare col 'to. t1ie.'Eaat• Lin of Sect m .. ~. ,. 8 for a Jdiatunco of••2Q5a00 :feet to ~ap'.iron~ip ••.(N Cornor;• ~' 'thence North $,9°~• 35'~ ,East' alon ~a •,lirie ,patella to 'oath li • • pf ~t~id iSeCtion i8 fbr a d19 tan a ol. 200.OOfoaG''to • n• iron I ..~ pipo~ the NE. c;o'rnerj of parcel; •'• " ' ~` .. ai ;r.+. + 'Phegce 9ou.th~ a'long'_a line par Iel tp:~asC Tin o1' said Seclt on~ '~ , ., ,;y+ ~ 13 l:or a; distance of~ 205.00 fe l,to the ~plf~ce o ,be inning;. .;}• ~ :; ', ~,, is •~ i 'I .,. ~., a I, ;~: .. , . ~ ~ J I;' I rI _' ~ ~ 111 !. 1 :1 I I ` I . j~~ ' TOGETHER whh all and ainQu/ar the:.tonemenN, eredlfamanti and appur(ene 'thereunto I yi~. inQ ~ in anywise eppertainin4; and the reveraiori and rove siona, romainder and romturil ,and ronh ! . 1 and rolita tholdol; and all; oatetp, rfQht, lith and interest 1 end fo the aald propsrty, a. qrd in law a !m ' 'ty, 1 J a . 'oft aaid•par<y ,' !d the1Bnt, p!ut. i I ' ~ ` I i I ;, I •. • y:, TO NAME%AND ,TD HOLD,. all~and',algQular the a5ore. rljonNorad .and deaeri promises t0 thor • `with the .appurto ncea unto ~fhe part.,~..e9., of ~hs part, and fo~.t~1,@ST...i.llein~ aasl ns o var. ., "'• And the said par ... y....,. d rho 'Brat par{, aril... QI'...:.....itiain,. the aald promiaw.ln fho) uiet and pea ~ e' ~!` po-r saron d Il~e.'sald parr,.10.5.. of the eocond ~arf,..'.t.~ .I.r..,..:.helra and asaiQrw, aQalni the said pelf ....... ' d f first pot ,, and...}Jt:.T'.. ~.:..:..;helFa; ! aQairot s1! • ev ry ~peraon and persona ~ omsoever, Ca Tully ,.~ clal 'nQ or, fo elaim t1r aame'shwll'and wll! waI~-ranf ard. by t~ prsaenta lorrret defan~. 1 1 4 •y~ ' !N. WI TNl;SS W1fERSOA, fM' ~ 'd parf:....~..., the Bnf i, : ~ P+rr Ma :..F herwnfo Jssf ,;k19 X'.:... (hand.... w f and al ... •the ~/' and year Bnt atwve. rllbn,~. r I ' • „. !. r ' ~! 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I ~ f - I. ^t~ ~l I 1,' i , 1 e +r r ~~ ~1' . ~ • LEGAL DESCRIPTION PARCEL S1108449310 A TRACT OF LAND IN THE SE 1/4 SE 1/4, SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8, THENCE SOUTH 89 DEGREES 35~ WEST ALONG THE SOUTH LINE OF SAID SECTION, 335 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG A LINE PARALLEL TO THE EAST LINE OF SAID SECTION, 205 FEET; THENCE SOUTH 89 DEGREES 35' WEST, 100 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO THE EAST-LINE OF SAID SECTION 205 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION; THENCE NORTH 89 DEGREES 35' EAST ALONG SAID SOUTH LINE 100 FEET TO THE TRUE POINT OF BEGINNING. • • LEGAL DESCRIPTION PARCEL S1108449330 A TRACT OF LAND IN THE SE1/4 OF THE SE1/4 OF SECTION 8, T. 3 NORTH, R 1 EAST, B.M., IN ADA COUNTY, STATE OF IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 8,9,17 & 16, WHICH IS THE SE CORNER OF SECTION 8, T. 3 NORTH, R 1 EAST, B.M., IN ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 35' WEST ALONG THE SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 135 FEET TO A POINT MARKED BY A NAIL IN PAVED FRANKLIN ROAD, THE REAL PLACE OF BEGINNING; THENCE SOUTH 89 DEGREES 35' WEST ALONG SOUTH LINE OF SAID SECTION 8 FOR DISTANCE OF 100 FEET TO A POINT, SW CORNER OF PARCEL; THENCE NORTH ALONG A LINE PARALLEL TO THE EAST LINE OF SECTION 8 FOR A DISTANCE OF 205.00 FEET TO AN IRON PIPE, NW CORNER OF PARCEL; THENCE NORTH 89 DEGREES 35' EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 100.00 FEET, THE NE CORNER OF PARCEL; THENCE SOUTH ALONG A LINE PARALLEL TO EAST LINE OF SAID SECTION 8 FOR A DISTANCE OF 205.00 FEET TO THE PLACE OF BEGINNING. ~, _.~~~ . • LEGAL DESCRIPTION PARCEL S1108449320 COMMENCING AT SECTION CORNER COMMON TO SECTIONS 8, 9 17 & 16, WHICH IS THE SE CORNER OF SECTION 8, T. 3N, R. lE, B.M., ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 35' WEST ALONG SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 135 FEET TO A POINT MARKED BY A NAIL IN PAVED FRANKLIN ROAD; THE REAL PLACE OF BEGINNING; THENCE WEST SOUTH 80 DEGREES 35' WEST ALONG SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 200 FEET TO A POINT MARKED BY A NAIL IN PAVEMENT OF FRANKLIN ROAD; SW CORNER OF PARCEL; THENCE NORTH ALONG A LINE PARALLEL TO THE EAST LINE OF SECTION 8 FOR A DISTANCE OF 205.00 FEET TO AN IRON PIPE ( NW CORNER OF PARCEL) THENCE NORTH 89 DEGREES 35' EAST ALONG A LINE PARALLEL TO SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 200.00 FEET TO AN IRON PIPE, THE NE CORNER OF PARCEL; THENCE SOUTH ALONG A LINE PARALLEL TO EAST LINE OF SAID SECTION 8 FOR A DISTANCE OF 205.00 FEET TO THE PLACE OF BEGINNING; EXCEPTING THEREFROM: A TRACT OF LAND IN THE SE1/4 OF THE SEl/4 OF SECTION 8, T. 3 NORTH, R 1 EAST, B.M., IN ADA COUNTY, STATE OF IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 8,9,17 & 16, WHICH IS THE SE CORNER OF SECTION 8, T. 3 NORTH, R 1 EAST,. B.M., IN ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 35' WEST ALONG THE SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 135 FEET TO A POINT MARKED BY A NAIL IN PAVED FRANKLIN ROAD, THE REAL PLACE OF BEGINNING; THENCE SOUTH 89 DEGREES 35' WEST ALONG SOUTH LINE OF SAID SECTION 8 FOR DISTANCE OF 100 FEET TO A POINT, SW CORNER OF PARCEL; THENCE NORTH ALONG A LINE PARALLEL TO THE EAST LINE OF SECTION 8 FOR A DISTANCE OF 205.00 FEET TO AN IRON PIPE, NW CORNER OF PARCEL; THENCE NORTH 89 DEGREES 35' EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION 8 FOR A DISTANCE OF 100.00 FEET, THE NE CORNER OF PARCEL; THENCE SOUTH ALONG A LINE PARALLEL TO EAST LINE OF SAID SECTION 8 FOR A DISTANCE OF 205.00 FEET TO THE PLACE. OF BEGINNING. Roylance ,~ Associates ,A. Enginrs • Surveyors • l.andplanners ao~9 Emoraid, Suiia ~-2, Boiso, idono 83700 November 29, 1994 Telephone (208) 336-7390 Fax (209) 336-7391 Project No. 1 S93 Lcbal Description E. Dale Ownby 2.06 acre tract of land A tract of land situated in the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of the Southeast 1/4 of said Section $; thence along the Easterly tine of said Southeast 1/4, said Easterly line also being the Centerline of Eagle Road, South 00°-SS'-00" West a distance of 2650.1 S feet to a found brass cap monumenting the Southeast Corner of said Section 8; thence leaving said Easterly line and along the Southerly line of said Southeast 1/4, said Southerly line also being the Centerline of Franklin Road, South 89°-32'-22" West a distance of 871.18 feet to a set steel pin, said pin being the POINT OF BEGINNING. Thence North 00°-213'-00" West a distance of 204.94 feet to a set steel pin; 'Thence North 89°-32'-22" East a distance of 441.13 feet to a set steel pin; Thence South 00°-SS'-00" West a distance of20S.00 feet to a set steel pin on said Southerly line of the Southeast 1/4; Thence along said Southerly line South 89°-32'-22" West a distance of 436.18 feet to the POINT OF BEGINNING. The above described tract of land contains 2.06 acres, more or less, subject to all existing easements and rights-of--way. Prepared By: ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE IDAHO 83706 208 336-7390 FAX 208 336-7391 ,C ~~9% t'c i rub ~~ i •i ~ r, ; r . 'yr ~~' of ~ot- ~`~- ~~'. RO`l~~' c:~~uoUicc\winwordU~gal~\13931~r,U ~ ~r ~ Q< t ~~ . } • • LEGAL DESCRIPTION PARCEL 51108449342 A PORTION OF THE SE 1/4 SE 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOUTH 89 DEGREES 35' WEST ALONG THE SOUTH LINE OF SAID SECTION 8 A DISTANCE OF 135.0 FEET TO A POINT IN SAID SOUTH SECTION LINE; THENCE NORTH ON A LINE PARALLEL WITH THE EAST LINE OF SAID SECTION 8 A DISTANCE OF 205.0 FEET TO AN IRON PIPE; THENCE NORTH 89 DEGREES 35' EAST ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 A DISTANCE OF 135.0 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 8; THENCE SOUTH ON SAID EAST LINE 205.0 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE RIGHTS OF WAY FOR FRANKLIN ROAD; ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO ADA COUNTY HIGHWAY DISTRICT BY WARRANTY DEED RECORDED MARCH 14, 1978 AS INSTRUMENT N0. 7812902, OFFICIAL RECORDS. FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: A PARCEL OF LAND BEING ON TEH WESTERLY SIDE OF THE CENTERLINE OF EAGLE ROAD, PROJECT N0. FG-3271 (44) HIGHWAY SURVEY AS SHOWN ON THE PLANS THEREOF NOW ON FILE IN THE OFFICE OF THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, AND BEING A PORTION OF THE SE 1/4 OF SE i/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE SOUTHEAST CORNER OF THE SE 1/4 SE 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN WHICH SOUTHEAST CORNER IS A POINT ON THE CENTERLINE OF SAID EAGLE ROAD, PROJECT N0. FG-3271 (44) HIGHWAY SURVEY. THENCE NORTHERLY ALONG THE EAST LINE OF SAID SE 1/4 SE 1/4 A DISTANCE OF 40.0 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE 165.0 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE FIRST TRACT OF LAND AS DESCRIBED IN THE CERTAIN WARRANTY DEED DATED JANUARY 9, 1982, RECORDED JANUARY 12, 1982 IN BOOK 586 AT PAGE 649 AS INSTRUMENT N0. 8201139, RECORDS OF ADA COUNTY, IDAHO; THENCE WESTERLY ALONG THE NORTH LINE OF SAID TRACT OF LAND 70.01 FEET TO A POINT IN A LINE PARALL~WITH AND 70.0 FEET WESTERLY FRAM;,THE~,CENTERLINE OF SAID HIGHWAY SURVEY; .._. "`~' e • • r LEGAL DESCRIPTION CONTINUED- PARCEL 51108449342 THENCE SOUTH 1 DEGREE 27'57" WEST ALONG SAID PARALLEL LINE 145.0 FEET, MORE OR LESS, TO A POINT OPPOSITE STATION 63+68.07 OF SAID HIGHWAY SURVEY; THENCE SOUTH 68 DEGREES 29'06" WEST - 54.30 FEET TO A POINT IN THE NORTH RIGHT OF WAY LINE OF EXISTING FRANKLIN ROAD AS DESCRIBED IN THAT CERTAIN WARRANTY DEED RECORDED MARCH 14, 1978 AS INSTRUMENT N0. 7812902, RECORDED IN ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 54'25" EAST ALONG SAID LAST NORTH RIGHT OF WAY LINE 120.0 FEET, MORE OR LESS. TO THE REAL POINT OF BEGINNING. HIGHWAY STATION REFERENCE: 63+48.07 TO 65+13.07 - :a;;: ,, • No. 14 James A. ~ Donna L Haskin 3140 E. Franklin Rd. Meridian, Idaho 83642 Mayme E. Green 3070 E. Franklin Rd. Meridian, Idaho 83642 Michael Murasko 501 Cottonwood St. Vacavilla, California 94588 James B. & Mildred Barham 2950 E. Franklin Rd. Meridian, Idaho 83742 Alma D. ~ Anna A. Golightly 2805 E. Franklin Rd. Meridian, Idaho 83642 Jerald K. ~ Cheri L. Holloway 2975 E. Franklin Rd. Meridian, Idaho 83642 Bruce R. ~ Hazel D. Stanger 3064 Springwood Dr. Meridian, Idaho 83642 Terry K. ~ Marjorie Shepherd 3076 Springwood Dr. Meridian, Idaho 83642 ONLI CO. C/0 Bry Behrmann Trustee 618 E. Carson Suite 327 Las Vegas, Nevada 89101 Karoly I. ~ Piroska Hatva~ni 3285 E. Franklin Meridian, Idaho 83642 Donald L. F~ Roberta K. Layne 3250 N. Montvue Dr. Meridian, Idaho 83642 Don W. ~ Robin Hollingsworth 3300 Montvue Meridian, Idaho 83642 Franklin-Eagle Joint Venture 3084 E. Lanark St. Meridian, Idaho 83642 i ~ _ _i .I i --------( I N~ ~~ -~, , ~ m ;~ ~~ s ~ w ~! ~:,~ r ~ A - - -~ _- - ` -.N~~~i~~N~~ ~ N MACH{NE j, ~ ~ {~ ~ ~ ,~ i, ~' ~ ~ ~ ~~. Op o V ~ F i ! ~ ~ ~- -- ~ ~ a ~, ~'TV ~ r ~.:~ ' ~ N { { D j ~ 1 i- _ _ __._ ZS- _ _ _. l ~` ~a ay ~'*'~ 1- ---I~: '' 1 1' ~~ -' -.' ~: I~ =~" v ~ ~ r ~ ~- ~., c, r.~ ~> ~ ~`' C+~ ~~ _~__. T ~.... ~a ~ s4 R r:~ ~ Y .. ~~ ~'•~ 1J ~~ v ~~ .h^ '~. J~ ', '~i Q4 ~~ ~S ~ '~' ~i ~ ~ o~ ~ N ~ ~, .T'~U e r~ A i -. .,, C7 ~ ~ ~.5..~ ~ ~~ ~ ~d n . O ~ ~~y~, e C ~ ~ -~'c~ Z v ~... ~ " C .~' ~j ty m ~~ v ~~ ~ ~' ~ ' o ° ~' ~o ~ ~ , cn :.w f w~ w 4 1 O • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 16, 1996, for the purpose of reviewing and considering the Application of James & Donna Haskin and Mayme Ellen Green, for annexation and zoning of approximately 4.11 of land located in the SE 1/4, SE 1/4 of Section 8, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which. property is generally located on the Northwest corner of Eagle Road and Franklin Road. The Application requests a zone of C-G, Commercial General. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of June, 1996. WILLIAM G. BERG, JR., I CLERK • .. ~t ~ . ~. ~ ~ r / r, ~ ., l ~~ ,'~' . .. ~4 .. „1 ~: y; r. v ~t,, ;: i. ~ ~` ~ ' '~~.~ ~ ~. ~ ~. r' tJ i~' . _' ,u! s ~ Dti '~~ ID ¢ .40 ,.,o BP.T9 10f :Ctl / h ~ l~ os~r 4U ~3 y .~ K O ~ 40 40 /l> I> //. YM LANARK ST . Gfi / a /AS /l. ~ ;pA ND ~ . - ._ ~ / . B N6Y / is•N rN.~ o • 43 ~ by 1 22 ~ .. ~,¢5 W R- 7i '.ice ; 7d y~: tR )~ _ ?~„' ,~'' ~` ~'.. ,; V 300 l~~ ! '(~i I Y `~ ~ a e K ~ ~ i K c , Nav ~ ~ ~ -rara • f ~`~ ~' S.'E. CORNER. '' } SEC. B • i ' ADA COUNTY ASSESSOR'S OFFICE BOISE, IDAHO x...;-~. __~_, ,~ - _ - ~~,.. .~T rr~~-rte I I t 6 ~. '' • • NOTICE OF HEARING NOTICE tS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on May 14, 1996, for the purpose of reviewing and considering the Application of James & Donna Haskin and Mayme Ellen Green, for annexation and zoning of approximately 4.11 of land located in the SE 1/4, SE 1/4 of Section 8, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located on the Northwest corner of Eagle Road and Franklin Road. The Application requests a zone of C-G, Commercial General. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Halt, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of April, 1996. WILLIAM G. BERG, JR., LERK • ~ t ORDINANCE NO. 737 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING A CERTAIN TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 8, 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: ~ ~ ~ ~ ~f 1 A tract of land situated in the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 3 North, Range 1 ,_ _ _ _~ East, Boise Meridian, Ada County, Idaho and being more •- - -- ~~~~~ particularly described as follows: ~; ~ ` ~ Commencing at a found brass cap monumenting the Northeast Corner of said Southeast 1/4 of Section 8; _ G^+~~ p(!~ r~-~ then a alon the a +• ~ ~ f ~ ~, ~ ~ ~ ~ L ,.~ g asterly line of said Sou _heast 1 /4 , said easterly line also being the centerline of Eagle -~ ~so~ _ ~~~~oad, South 00°55'00" West a distance of 2650.15 feet to ` -- ~ - _ --- a found brass cap monumenting the Southeast Corner of c "- ~ -'-~'' ~` said Section 8, said brass cap being the POINT OF BEGINNING. Thence leaving said easterly line and along the southerly line of said Southeast 1/4, said south~.rly line also being the centerline of Franklin Road, South 89°32'22" - West a distance of 871.18 feet to a steel pin; Thence leaving said southerly line North 00°28'00" West a distance of 204.94 feet to a steel pin; Thence North 89°32'22" Sast a distance of 876.13 feet to a point on said easterly line of the Southeast 1/4; Thence along said easterly line South 00°55'00" West a distance of 205.00 feet to the POINT OF BEGINNING. ANNEXATION ORDINANCE - HASRIN/GREED---C-G Page 1 • i r 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. 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 at his expense and resolve how the water and sewer mains will serve the land; the City may enter into a late comers agreement for the extension of the City sewer and/or water, if requested by the Applicants. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994, and shall only be developed as a commercial or general planned development or under the conditional use process. 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 prior to the issuance of any building permit or plat approval which ever comes first; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G 1., H, R, and L 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. ~. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land aad bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian, which include that the property ANNEXATION ORDINANCE - HASRIN/GREEN---C-G Page 2 • • must be developed as a commercial or general planned development or under the conditional use permit process. g. That the Applicant is required to hook up to the sewer and water and participate in the costs of extending the sewer and- water- services through the payment of late- comer's fees. 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: OR -- ROBERT D. CORRIE `````,~~~~~uu~ll~l~~h~,, ATTEST : ~~~` ~~~ '9.~ '%~ T WILLIAM G. BERG, JR. - C Y CLERK %~ y~ ~'<,~T ~~.~ . "~~ ,~ ~~~~~~~c~~~ ~~~~t,~N~t ANNEXATION ORDINANCE - HA3RIN/GREEN---C-G Page 3 • • STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN TRACT OF LAND SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 737, b~ 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 ~~` day of August~j 1996. urrrrrrf City Clerk, City of i Ada County, Idaho ,.~` ~ ~-~ STATE OF IDAHO,) ss. County of Ada, ) On this ~ ~` a Notary Public in G. BERG, JR. known to the within and executed the same. IN of ficia written. SEAL ~O '~ ~E~~~ ,' ~O \` ,, O,y 4 r isT • ~~~ ~ . day of August, 1996, before me, the unde'rsi'gned, and for said State, personally appeared WILLIAM to me to be the person whose name is subscribed foregoing instrument, and acknowledged that he WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal the day and year in this certificate first above ~rl~rru~ii,,~ e ~OTAE;~,'~u • ~'~."~ ; l~+~~~ %111111/,,'6, Public~f~f Idaho g at Meridian, Idaho fission Expires o ANNERATION ORDINANCE - BASRIN/GREEN---C-G Page 4 ' ( _ 1 I = ~ ••..:' r 11 Ol• SfRCCt k S1DUU DNI~:: ;;i'~.i SwEEi : S•([' '+ :f 11 DT7 S[RER Y MR7[R DCIM S~UI , UK ~ ~ :: W. SIN[ AKMU[ : ~ ~ ;y . .~. .. .. .. .. _. r... _.~ --- 'r- -- ~ 1" rl i+ ++f. i~ II ~ ~1 I~ i (~~ 'i (IQ li 1 ~ 11 . __ li Ii I \ `~ ' ~I •1 1 ~I 1 W _ - I ~ I, ___ __ _~~- - II iI ~~• ~ `\'\ i i~ ~'. 1 1~ : i 1 i '-'--'-'ti---"-' -------- ------------- ------ ~._ ~L... 1 j~. ~._: i~ \~.. II ~ n '1 •1 i ~~ ~~ ~ it ~ 1 i7 1 iI ~\ ~ 1 r ,~ i i~ 1 \\ 1 I _ 1 1 ---------------'--- -----'-_---- ~ ~ 1 ________.______,_______________1__ _ i ____________________.__ 1 _~ ___________________ i 1 _ _ _ - _ _ _ _________.___ 1 ~-,~___~____ 1 OLSON & BUSM ~ ` ~ 1 II I ~~ ' ~ ~ ~ ~~ i ,) ' , . 1 -------------------------------- -~---~ 3 ,1 e 5 _~ LANARK STREET _ _ _ 1 1 I ~i'~ INDUSTRIAL PARK ~ ~ ~ ~1 ~ ~ ~ ' 1 I ) ~ ~ I Scale :1 ' 300 ~ ' I ~I 1 I ~~ ~._ I ~ ' ~--- 1 ,__ __ 1 1 ~ ~ ~ 1 i II 1 ~~--- - _ ---=~ ~ ~t ~3Z"22"~ X76. iE 1 ~ 8 ' ~ ~ ~~ ~ ~ ~ ~ c~tH4uGE t$o. 73'1 ~ '~ ~ : ~ ~~ ------------------------------------------------------------------ ------------------~----- p ~------------- jr ~ 'I ~ ~~~~ ~o1N't' oF' ~ it ~ i i~ _ G~t~TNE~~T ~4, ~G, g Meridian City Council August 6, 1996 Page 12 ' • that land because we don't provide road service. Even if it is where a road should be. Morrow: If I might suggest let's defer this for a minute and let Shari do some research and maybe move on to the two ordinances and then bring this back and take a look at it. I guess so we can move forward. Daugherty: Could I interject one thing before we do that, at the last hearing there was a lot of discussion as far as that northerly line of the subdivision that is adjacent to our property. It was indicated during that time that was somewhat of a defining line and that there was some discussion as far as to the north of that line was primarily like commercial type developments and to the south was residential areas. I would like to interject that parcel that is in question is indeed to the south of that line as referenced in the previous meeting and that it might be more appropriate that should that ownership be determined no matter who owns it that would be more appropriate that would be residential which would be accessed from the south or from the west. And that perhaps it might not be as much of a consideration as we are making it here. Corrie: Were you making that as a motion to hold that until after 7 and 8 are done and then come back to it. Morrow: Yes Tolsma: Second Corrie: All those in favor of the motion? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #737 - HASKIN/GREEN ANNEXATION - C-G: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING A CERTAIN TRACT OF LAND SITUATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 8, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #737 read in its entirety? Hearing none 1 will entertain a motion for Ordinance #737. Rountree: Mr. Mayor, I move that we approve Ordinance #737 with suspension of rules. Tolsma: Second Corrie: Motion by Mr. Rountree, second by Mr. Tolsma to approve Ordinance #737 with • • Meridian City Council August 6, 1996 Page 13 suspension of the rules, roll call vole. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Smith: Mr. Mayor, is the applicant aware of the conditions of the annexation? The conditions that are written into this annexation ordinance. Crookston: I don't know if the applicant is aware but they were sited in the motion for preparation of the ordinance. Mr. Ownby is here maybe he can represent Smith: There is a sewer and water connection requirement and I just want to be sure that they understand that this is what is required otherwise the property could be de-annexed according to this ordinance. Ownby: Mr. Mayor and Council members, as I recall in Planning and Zoning meeting it was requested at that time that there would be no connection necessary, no extensions of any lines until the point in time of a development agreement was reached. That was in the public testimony. I think it was my understanding that was included within the motion. I haven't seen the ordinance but I have read everything up to the ordinance. Smith: Mr. Mayor may I read the first paragraph, Section 2 on page 1, it states 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 at his expense and resolve how the water and sewer mains will serve the land. Ownby: Wetl as I recall and I have the testimony in my file but I didn't bring my ale, was that the ownership, both ownerships would go along with a late comers fee at the point in time that sewer and water was available. That was the agreement tla~at was made. - Smith: The reason that I bring this up is that we have gone through a similar requirement in an annexation for the Van Auker property and it was a condition of that annexation as well and they did prepare sewer extension plans and have had some problems in getting started but that was a requirement. When I read this I just wanted to be sure that everyone understood that this was part of the annexation ordinance so no one would be surprised, unless I am reading this wrong. Ownby: Well it certainly isn't the intent of the ownership because this was, the reason for this in the first place was to correct an illegal split. Until a point in time that the property is developed it is their understanding that it will stay the way it is now. Where the difference • • Meridian City Council August 6, 1996 Page 14 - being in the Van Auker property the'development is to take place immediately or as soon as possible. Where there is no intent to develop this property immediately. Smith: I will leave the interpretation up to the Council and our City Attorney. But I just wanted to bring it up as a point of question. Ownby: I appreciate that. Crookston: I think it is very good that has been brought up. The ordinance is not a mandatory situation that the developer or owner has to connect at this time. But the property must be connected and if it isn't then the property can be de-annexed and there is a development agreement requirement required in the ordinance also. Ownby: Yes that would come at the point in time that the property is developed. When there is someone comes before the P & Z and Council to perform that. But until that time you say it must be hooked up and must be a development agreement, that will come in time there is no specific date, am I correct? Crookston: There is no specific date in the ordinance. Bentley: Mr. Mayor, in item 21 of the findings of fact and conclusions of law from the P & Z it states that the applicant will be required to connect to Meridian sewer and water and resolve how the water and sewer mains will serve the land. That the development of this property shall be subject and controlled by the subdivision and development ordinance and the development agreement. It is shall only be developed as a commercial general planned development under the conditional use process. So it was stated in the P & Z. Ownby: My interpretation of that as we discussed it with P & Z was that sure they are going to be hooking up to sewer when the development agreement is reached. Crookston: The findings of fact nor the ordinance require immediate connection. But the property could be de-annexed if the property owner did not perform that. Let's say a property owner an adjacent property owner that needed that land to have sewer and water run through it before it could get sewer and water the City could cane back and say you have to put it in. Ownby: Well I don't know what my answer is other than the owners do not wish to hook to City water and City sewer at this point in time. Crookston: That is a requirement of our ordinances, it is not a mandatory requirement that it be done right now but if the situation arises where that sewer and or water needs to go • • Meridian City Council August 6, 1996 Page 15 through to provide sewer and or wafer to another piece of property the City could say that it has to be done. (End of Tape) Ownby: In response to that if I am understanding it correctly let's assume the property immediately north of this requested it why would it have to go through this property if he also adjoins the road and the sewer is available for him? Crookston: Dale I think that is just a question as to how whatever property is best supplied in what fashion is supplied sewer and water. It may work out where this property doesn't have to have sewer and water through but it may be that it does. It is an, that is an engineering decision and if the Engineer decides that is the best way to provide sewer and or water service then it has to be done. Ownby: I guess my opinion would be without speaking to or having spoken to an engineer I would probably like to have it tabled until that can be done and get this resolved. I don't foresee any reason for them to have to hook up to sewer, in other words no other property is adjoining there would require the sewer and water to go through it. Crookston: Well you are kind of like me, I don't know what the engineering would say. Morrow: Mr. Mayor if I might make a comment here, it looks to me like on this particular deal we have a couple of folks that are annexing property, obviously they are speculating in terms of looking for a user. I think that the price of that speculation is that they have to understand that should a circumstance come up where there be demand made on them to meet the provisions of the annexation ordinance, the development agreement provision and the findings of fact and conclusions that at that point in time either they meet those conditions and meet them immediately or they will be subject to de-annexation just as immediately. That is the risk that they are taking by r,~t doing those items as required in both of these documents up front. As long as the understand that and understand it well then so be it from my perspective. I don't see that it needs to have the water and sewer hooked up immediately. But I also understand that what we are, really talking about here is a little speculation. Typically with projects, although this is a very small parcel we are requiring in terms of regular subdivisions that those folks go ahead and proceed on a subdivision process and meet all of these other criteria. So I guess my word of caution there would be is that from my perspective, I don't have a problem with doing this like what you are doing now but the owner also has to understand that it could come back in the future. And under the circumstances that the Counselor has brought up that demand be made and either they perform or they get de-annexed. • • Meridian City Council August 6, 1996 Page 16 " Ownby: I think with that understanding Councilman Morrow I think I would recommend you go ahead and approve the ordinance. Corrie: This is the one on Franklin? Crookston: It is Franklin and Eagle Road, NW quadrant of the intersection. Corrie: That is your understanding then of what he said? Ownby: Yes Corrie: We have approved it under those conditions anyway so you know. ITEM #8: ORDINANCE #738 -AIR QUALITY ORDINANCE: Tolsma: Mayor, I have a question on this ordinance, before we read it. They haven't provided any date of a sunset clause in here and yet they are planning for a five year or ten year plan with a five year inspection. But according to this ordinance here there is no cut off date and I belief the cut off date should be 2001 because the ordinance (inaudible) ten year plan I would suggest that sunset date be in there of January 1, 2001. Otherwise this thing could go on for eternity. Con-ie: Actually what they are trying to do Mr. Tolsma is to get by that termination date of this year, December 1996. If the Council wishes to put a sunset clause in their ordinance you can certainly do that, that would be in effect for them, I think that you will probably find that ordinance the way it is reading for this is going to be out of Air Quality Ordinance is going to be gone by 1999 anyway but we can certainly put a sunset for our ordinance, you are absolutely correct. Tolsma: Well I would like to see a sunset date o{ at least 2001 that gives them a ten year plan in there for attainment. - Corrie: Any other further comments from Council? Rountree: When is your effective repeal date, December 31 ? Tolsma: Their effective date is January 1, 1991. I was thinking their termination date should be January 1, 2001 that gives them their ten year plan. Rountree: I would assume based on what I know of their planning process that the maintenance plan for air quality will probably run some 20 years and probably will have i • ~ Meridian City Council July 16, 1996 Page 27 " have the rest of the house under construction I just have the garage is Cameron: Right, I not staked out. (Inaudible) HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY ITEM #7: PUBLIC JAMES AND DONNA HASKIN AND MAYME ELLEN GREEN: Corrie: Is there a representative? Dale Ownby, 1824 Sportsman Way, was sworn by the City Attorney. Ma or and Council members I have read the trans wiph °hose.pl ha'vee ad~he O~by: Mr. Y on the 14th and agre at the Planning and Zoning meeting the Cit Attorney and agree with those findings of fact and conclusions of law prepared by Y and have no ve an problems. The owners Jim and Donna cH,onclus ons Mayme Ellen and do not ha Y Green have also read the transcripentdnheflardl to the letter to Planning and Zoni scaane problems with those. One comm g 10, 1996, paragraph five, states land p Mayor and Council from Shari Stiles dated May ~ded. So I would just uired on Eagle and Franklin Road, 35 feet would boe excessive due to the setbacks are req available property. However a mini comes I wfould I keucons deration for tliat. comment that when that point m time me Mr. Mayor, a question, is that reflected in the findings of fact and Morrow: Excuse conclusions? Ownby: Yes it is. T~ m; Vag Gre Rountree: Yes page 14, item (End of Tape) Corrie: (Inaudible) reference to the annexation and zoning. t' e 2770 East Franklin Road, was sworn by the City Attorney. Guy Valen in , n't resent at the Planning and Zoning hearing but I have no problem with Valentine: I was p lication. I did want to mention and state for t ears a ro byaMrhand MrseGreen this app that was prepared y 9 restrictive covenants for this property and Zoning hearing or not. I am and I don't know whether that came out in the Planning on these. at the are wanting to do, but I want to inform a{e c n 9 e rt~l that there all in favor of wh Y are these covenants just for the record. esa c~ionpaga nst business use. that under any Number one on the covenants states r I~ U Meridian City Council July 16, 1996 Page 29 designated as part of the SE 1/4 of Section 8, it runs along from the corner of Section 8 towards Meridian along Franklin Road. It goes down, I think it includes, it would include (inaudible) I think about 9 lots along Franklin Road there. t don't know exactly how many, it runs down to at least 2690 from Eagle Road all the way down to at least 2690. Tolsma: So the covenants basically include all the parcels of property that are in this annexation or are the covenants (inaudible) Valentine: I believe the way I read it is that it starts right there at Eagle Road and Franklin and it runs along Franklin Road and that would include these 4 lots I guess it is. Tolsma: Are there properties outside of this plat here that will be under those covenants? Valentine: Yes, and apparently they are not interested in objecting or anything to it even though there are covenants and I am certainly not objecting to it. I am all in favor or it personally. Thank you Corrie: Thank you, anyone else from the public that would like to issue testimony on this request? Council, discussion? I will entertain a motion on the annexation and zoning, I am sorry on the findings. Morrow: Mr. Mayor, I-would move that we approve the findings of fact and the conclusions of law as prepared for us by P & Z with item 10, page 14 amended to read 20 instead of 35 feet. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact of fact and conclusions of law of the Planning & Zoning Commission with the amendment of page 14, item 10 to 35 feet landscape to 20 feet, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma Yea =_ ~_ MOTION CARRIED: All Yea Morrow: I have a question for counsel with respect to under the recommendation this parcel of property should probably be subject to the late comers agreement or to add a late comers agreement for services that have been extended with respect to sewer and water. I would ask Gary if that is the case? Smith: It, Councilman Morrow, Mayor and Council, it would be subject to extension of a • • Meridian City Council July 16, 1996 Page 30 water line in Franklin Road from Eagle. Right now the water line only exits at the west side of, at the northwest corner of the intersection of Eagle and Franklin Road. It would need to be extended, the water line would need to be extended west in Franklin Road. Morrow: So they would be extending to and through? Smith: They would need to yes, correct. As far as the sewer line is concerned that is a little more difficult, there is no sewer in Franklin, there is no sewer in Eagle Raad. This is kind of on the hill you might say. It would sewer probably to the north along Eagle Road and tie into what will be extended, sewer extended by Van Auker in Lanark Street. Whether it ties in with an extension Eagle Road or ties in through the Ofson Bush Annexation into Lanark I guess would need to be determined. But they would be subject to a late comers fee both sewer and water along with the extension requirements. So i guess that these extension requirements would need to be part of the annexation ordinance if it is your desire to do that. Similar to what was required of Van Auker. Mayor and Council, also if I could jump back to this declaration of restrictions that was handed to you this evening. I will check the legal description against the legal description of the parcel that is being requested for annexation. It appears in just reading this boundary of property involved in this declaration that it starts 727.88 feet west of the section corner and then continues for 1343 feet to the west. But I don't know how it comes back so we will have to chase that legal description out and see how it conforms with the description of this parcel that is being requested for annexation. Morrow: Once you do that you can relate to the owners and Mr. Ownby and the representatives so they can handle that as they need to handle it. Smith: Correct Morrow: Mr. Mayor, I am prepared to make a recommendation, I move that the City Council approve the application for annexation and zoning under the onditions set forth in these findings of fact and conclusions of law including that the applicant or his assigns enters into a development agreement prior to the issuance of building permits or final plat whichever comes first. That the property only be developed as commercial or general planned development or under the conditional use permit process. If the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into a development agreement the property should not be annexed. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree on the recommendation, any further discussion? All those in favor? Opposed? • Meridian City Council July 16, 1996 Page 31 MOTION CARRIED: All Yea Corrie: Point of information I will close the public hearing at this time. Morrow: Mr. Mayor, I am prepared to move to instruct the City Attorney to prepare an annexation ordinance for this property. I would like to include in that the extension of the water and sewer requirements as necessary and a late comers fee if applicable. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the ordinance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #9: REQUEST FOR ANON-DEVELOPMENT AGREEMENT FOR INTERSTATE CENTER: (Inaudible) Morrow: Let me ask you this Shari, have we not done development agreements before at various stages from preliminary plat to final plat? I guess my question here is why do we have to approve a final plat without construction drawings to do anon-development agreement? Stiles: The non-development agreement would have no use unless you have a recorded plat. We don't do non-development agreements on non-recorded subdivisions. Seel: Jonathan Seel, I am with the W.H. Moore Company, the purpose of being here tonight is just to give you a very brief history, this is Interstate Center which has -been referred to at different times as Valley Center Marketplace. But the final name is Interstate Center. The preliminary plat was approved back in November of last year. We came in with the final this year and started providing doaamentation and was instructed by staff that we needed to provide construction drawings as part of the process of getting the final. The purpose of being here tonight is to ask I think very simply that we go ahead and in lieu of doing construction drawings we can provide anon-development agreement. I will explain the reason, in essence the way this has been set up is it has given us a certain degree of flexibility in terms of whether we might go in the direction of more retail or we might go in terms of a business park. Given that depending on how it turns out the ! ~ MERIDIAN CITY COUNCIL MEETING: July 16.1996 APPLICANT: JAMES 8 DONNA HASKIN ~ MAYME GREEN ITEM NUMBER; 7 REQUEST: REQUEST FOR ANNEXATION AND ZONING TO C-G AGENCY COMMENTS CITY CLERK: P ~ Z MINUTES FROM 5-14-96 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: f~ MERIDIAN POST OFFICE: Y ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~~~~ ~,Q~ 79~Q ~~ bV V L ~~ k~ ~~ BUREAU OF RECLAMATION: t i OTHER: III, Materials presented at public meetings shall become property of the City of Meridian. s • Meridian Planning & Zoning Commission May 14, 1996 Page 32 TEN MINUTE RECESS ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY JAMES AND DONNA HASKIN AND MAYME ELLEN GREEN: Johnson: At this time I will open the public hearing and invite the representative for the applicant or the applicant to address the Commission at this time. Dale Ownby, 1824 Sportsman Way, was sworn by the City Attorney. Ownby: Mr. Chairman and Commission members, I believe this is an opportunity for the City of Meridian to have a position of control over what will take place and the type of development to be approved by this body and the City Council on the corner of Eagle Road and Franklin Road. The property has approximately 205 feet of depth, Franklin Road to the north and approximately 796 feet of frontage on Franklin road. By combining these properties at this point in time will solve a potential problem in the future for ingress and egress for the Haskin property because of the 660 feet of distance required by the Ada County Highway District from a major arterial for access. It will be a great advantage for the City of Meridian to have a planned unit development in place for future control by the City of Meridian. These properties are located within the area known in the comprehensive plan as an entry way corridor. With a C-G zoning in place and a PUD will help for good landscaping, good designed building and good desirable signage. The Meridian Comprehensive Ptan indicates the corner of Eagle. Road and Franklin Road intersection to be a commercial usage and north-and east of the subject properties to be industrial. I would encourage the Planning and Zoning Commission to approve this request for annexation and C-G zoning. In addition to that I would just tell you that the owners have read and examined all of the fetters from the different agencies and agree with all of the conditions and comments that are in them. With a clarification on the fees required by the agencies these fees to be paid at the time of final plat or at the time a permit would be issued. Also for clarfication all water lines and sewer lines to be extended at the time final plat approval and time permit is issued. Also, for any adjoining developments which there are several taking place that would bring sewer and water to the subject properties. The owners would like to use the late comer fee schedule to take care of any cost involved in those. They also have read the ACRD requesting for the additional 60 feet of right of way on Franklin Road. I assume that you got a fax today from ITD or ITP that they reviewed this application and access will be prohibited form Eagle Road which has been for several years now. That was all of their comments, I didn't know if you got that today or not. Johnson: I do not have it f do not know, staff is probably in receipt of that I am not. • ~ 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 fo 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 OFFICIALS 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 COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor May 10, 1996 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer ~~_~ Re: JAMES & DONNA HASHIN and MAYME ELLEN GREEN (Request for Annexation & Zoning to C-G) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: The legal description submitted with the application appears to meet the requirements for annexation per Meridian City Resolution No. 158. ~ Prior to any change in use, the following requirements shall be satisfied. 1. Any existing irrigation/drainage ditches crossing the property to be included in this application, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. The City of Meridian owns and maintains a 12 inch diameter water main along the east side of Eagle Road. Water service will have to be extended into the parcel. 4. Sewer service to this site shall be from a main that is currently being designed by Pacific Land Surveyor as part of the "Ronald W. VanAuker, Inc. -Sewer Project". Sewer service will have to be extended into the parcel. HA3KGRI.N.P&Z • ~ OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA BENTLEY E C GLENN R BRUCE D. STUART, Water Works Supt. . JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shari S 1 e~t~ Administrator DATE: May 10, 1996 SUBJECT: Annexation and Zoning to C-G - NW Corner of Eagle Road and Franklin by James and Donna Haskin and Mayme Ellen Green Following are comments to be considered during your review of this project: This annexation and zoning request is being made to help correct the problem of an illegal lot split that was made in Ada County. The westernmost parcel was split off from the parcel that lies below the ridge which is adjacent to Olson & Bush Industrial Park. 2. An easement has been granted from Franklin Road to access the lower property, as no direct access is allowed from Eagle Road. The site is shown on the Generalized Land Use Map of the Meridian Comprehensive Plan as Commercial and Industrial. This access may eventually be tied to the stub street being provided in Phase 2 of the Olson & Bush Industrial Park. 3. The intersection of Eagle Road/Franklin is destined to be developed as an urban interchange with grade-separated approaches. Access on Franklin Road will be limited to one access a minimum of 660 feet west of the intersection. The 100 feet from centerline required on both Eagle and Franklin Roads will take up the majority of the easternmost lot. 4. All ditches are to be tiled in accordance with Meridian City Ordinance unless a variance is granted. 5. Landscape setbacks are required on Eagle and Franklin Roads. Thirty-five feet (35') would be excessive due to the available property; however, a minimum of twenty feet {20') should be provided. 6. Dedicate additional right-of--way on Eagle Road and Franklin Road prior to obtaining building permits/certificates of occupancy. 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 7. No commercial use will be allowed unless developed as a planned development under the conditional use permit process. Use shall remain residential until a conditional use permit has been submitted and approved. 8. A development agreement is required as a condition of annexation. ~ • • Q~ O BEFORE T8E MERIDIAN PLANNING AND ZONING COMMISSION JAMES & DONNA BASRIN AND MAYME ELLEN GREEN APPLICATION FOR ANNEBATION AND ZONING NORTSWEST CORNER OF EAGLE ROAD AND FRANKLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 14, 1996, at the hour of 7:30 o'clock p.m. on said date, at the lrleridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through its representative, Dale Ownby, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 14, 1996, hearing;. that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 1 • • annexation and zoning is described in the application, and by this reference is incorporated herein. 3. That the property is presently zoned by Ada County as R-T and is used presently for three (3) single family residences, one (1) older barn and pasture; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial; that no specific use for the property was presented. 4. That the property is approximately one quarter mile north of the new Meridian St. Lukes Hospital; that to the east across Eagle Road is vacant land, which is zoned light industrial; that to the north is the Olson & Bush Industrial Park; that immediately north of the subject property, approximately five plus (5+) acres is projected to be light industrial. 5. That James A. and Donna L. Haskin are one of the Applicants and they own the land described at 3140 E. Franklin Road; that Mayme Ellen Green is also an Applicant and she owns that portion of the property located at 3070 E. Franklin Road; and both Applicants have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 6. That the Assistant to the City Engineer, Bruce Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian City Police and Fire Departments, Central District Health Department, Nampa & Meridian Irrigation District, and draft comments from Ada County Highway District were submitted; that those comments are submitted herein by this reference and are FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 2 • • hereby incorporated herein as if set forth in full. 7. That Bruce Freckleton, Assistant to the City Engineer, submitted comments; that the legal description submitted with the application appears to meet the requirements for annexation per Meridian City Resolution No. 158; that any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M; that any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except that wells may be used for non-domestic purposes such as landscape irrigation; that the City of Meridian owns and maintains a 12 inch diameter water main which is along the east side of Eagle Road and water service will have to be extended into (and through) the parcel; that sewer service to this site shall be from a main that is currently being designed by Pacific Land Surveyor as part of the "Ronald W. Van Auker, Inc. - Sewer Project", and that sewer service will have to be extended into (and through) the parcel. 8. That Planning and Zoning Director, Shari Stiles submitted comments, which are as follows: 1. That this annexation and zoning request is being made to help correct the problem of an illegal lot split that was made in Ada Couaty; that the westernmost parcel was split off from the parcel that lies below the ridge which is adjacent to Olson & Bush Industrial Park; 2. That an easement has been granted from Franklin Road to access the lower property, so no direct access is allowed from Eagle Road; that the site is shown on the generalized Land Use Map of the Meridian Comprehensive Plan as Commercial and Industrial; that this access may eventually be tied to the stub street being provided in Phase 2 of the Olson & Bash Industrial Park. FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 3 • 3. That the intersection of Eagle Road/Franklin is destined to be developed as an urban interchange with grade-separated approaches; that access on Franklin Road will be limited to one access a minimum of 660 feet west of the intersection; that 100 feet from centerline required on both Eagle and Franklin Roads will take up the majority of the easternmost lot. 4. That all ditches are to be tiled in accordance with Meridian City Ordinance unless a variance is granted. 5. That landscape setbacks are required on Eagle and Franklin Roads; that thirty-five feet (35') would be excessive due to the available property; however, a minimum of twenty feet (20') should be provided. 6. That there be the dedication of additional right-of- way on Eagle Road and Franklin Road prior to obtaining building permits/certificates of occupancy and that a copy of the recorded Warranty Deed be furnished for dedication of additional right-of-way prior to obtaining building permits. 7. That no commercial use will be allowed unless developed as a planned development under the conditional use permit process and that use shall remain residential until a conditional use permit has been submitted and approved. 8. That the Applicant is required to enter into a development agreement with the City as a condition of annexation. 9. That the Ada County Highway District (ACRD) submitted draft site specific comments and such are incorporated herein as if set forth in full as follows: 1. Dedicate 100-feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (60 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; that the owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. That the requirements of the Idaho Transportation Department (ITD) for State Highway 55 (Eagle Road) frontage, shall be complied with. FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 4 3. Provide a $6,766.00 deposit to the public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 796 feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 4. That existing driveways shall be eliminated prior to construction of the urban interchange. No new driveways on Franklin Road within 660 feet of Eagle Road shall be permitted with this application. 5. Provide a recorded cross access easement between all the parcels within the annexation area and to the parcels to the north and west prior to District approval of a final plat, 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 north and west if they are the subject of a future development application. 6. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 10. The Meridian Police and Fire Department Departments, Central District Health Department, and Nampa Meridian Irrigation District submitted comments; that all such comments are incorporated herein as if set forth in full. 11. That Commissioner MacCoy submitted a statement regarding this application and it is hereby incorporated herein as if set forth in full; he commented that since the area in which this property is located is already marked for Light Industrial Zoning, he has no objection or comments concerning the General Retail and Service Commercial Zoning (C-G), at this time. 12. Dale Ownby, Applicant's representative, testified that this property is located at the northwest corner of Eagle and Franklin Road, which is at an entry way corridor; that this is a FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 5 • proposed Planned Unit Development, which the Comprehensive Plan indicates as commercial and industrial; that Applicant agrees with the staff comments and some clarification. 13. That there was no other testimony given. 14. That Ronald Van Auker, Inc. submitted a letter in support of this Application, provided that the Applicant is required to hook up to the sewer and participate in the costs of extending the sewer through either an initial pro-rata contribution to the cost or through the payment of late-comer's fees. 15. 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 and in the Meridian Area of Impact. 16. That the property can be physically serviced with City water and sewer. 17. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect FINDINGS AND CONCLUSIONS - I3ASKIN/GREEN-C-G Page 6 B. the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 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. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. Under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made. to reduce the environmental impact on FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 7 • residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is .a priority development area. C. Under TRANSPORTATION, Page 43 and 72 a. Franklin Road east of Meridian Road and Eagle Road north of Overland Road are listed as Principal Arterials and as Entryway Corridors. D. Under COMMUNITY DESIGN, Policies, at Page 73 1. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 2. Policies, a. 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. 18. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planed Use Development area. FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 8 19. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2- 408 B. 11. as follows: (C-Gl 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. 20. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." FINDINGS AND CONCLUSIONS - EASRIN/GREEN-C-G Page 9 21. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 22. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the 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 FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 10 • 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, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicants stated no proposed use of the FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 11 • • property and therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicants, as stated above, have not stated or represented its intention as to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed as conditional uses. 13. That it is concluded that the City could annex the property and zone it C-G, but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which .limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 12 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Page 28, Mixed-Use Area at Eagle Road and Franklin Road, in 5.10, states that all development should be .conducted under Planned Unit Development procedures and as conditional uses and since the City should have control over any uses. that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial or General Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed as a planned commercial development or under the conditional use permit process. 16. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 13 • 2. 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. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines, including plans for the storage units. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any 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. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 14 • •. "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. ."; it is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development are better known and therefore as a condition of annexation a development agreement must be entered into prior to issuance of a building permit or prior to plat approval, which ever comes first. 18. That it is concluded .that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact, particularly paragraphs 17 and 20, and Conclusions of Law and if they are not met the land may be de-annexed. 19. That the requirements of the 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. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 15 • • be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. 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; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement, and it shall only be developed as a commercial of general planned development or under the conditional use process. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed, or if already annexed, it shall be de-annexed. APPROVAL OF AMSNDBD FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 16 • ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND VOTED VOTED COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMLNDATION VOTED VOTED VOTED Gal-~'- The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these ,Findings of Fact and Conclusions of Law, including that the Applicant, or assigns, enters into a development agreement prior issuance of a~building permit or final plat, which ever comes first and that the property only be developed as a commercial or general planned development or under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: A APPROVED/ DISAPPROVED: U-~'~ FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 17 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 ~ =EMBERS IUNCIL 6 S S TREASURE 1/ALLEY HUB OF i, , _- WALT W. MORROW, President A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN C G ENN R. BENTLEY E 33 EAST IDAHO p & Z COMMISSION MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman TIM HEPPER 208 887-2211 Public WorksBuilding Departtacat ( ) JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 GREG OSLUND MALCOLM MACCOY ROBERT D. CORRIE Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS. WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Ma 7 1996 TRANSMITTAL DATE: 4/2~ HEARING DATE: 5114196 REQUEST: Request for Annexation/Zoning to C-G BY: ames 8~ Donna Haskin and Ma me Ellen reen LOCATION OF PROPERTY OR PROJECT: ham: cor n`r of Eaale Road and Franklin Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT FINAL PLAT) ( I MALCOLM MACCOY, P/Z P/Z JIM SHEARER D STR CT ADA COUNTY HIGHWAY , GREG OSLUND, P2 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH TIM HEPPER, P/Z MAYOR BOB CORRIE NAMPA MERIDIAN IRRIGATION DISTRICT , RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT (PRELIM & FINAL PLAT) IDAHO POWER CO CHARLIE ROUNTREE, C/C C/C WALT MORROW . U.S. WEST(PRELIM & FINAL PLAT) , GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) ~CLAMATION(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT C F SEWER DEPARTMENT N FILES BUILDING DEPARTMENT FIRE DEPARTMENT OTHER: YOUR CONCISE REMA S: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~ ~ t~~r.rxr•r~~; azsi.+~~ APR 2 4 1~g6 CITY OF ~IE]i;lI?IAN 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" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ rOUNGIL MEMBERS URE VAl LEY HUB OF TREAS WALT W. MORROW, President A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN CHGLENN R. BENTLEY E 33 EAST IDAHO COMMISSION MERIDIAN, IDAHO 83642 p g Z Phone (208) 888-4433 ~ EAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER JIM SHEARER Motor Vehicle/Diivers License (208) 888-4443 GREG OSLUND MALCOLM MACCOY ROBERT D. CO1tRIE Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: ""av 7 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14196 REQUEST: Request for Annexation2oning to C-G BY: James 8r. Donna Haskin and Mavme Ellen Green LOCATION OF PROPERTY OR PROJECT: NW corner of Eaale Road and Franklin Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION ~EcE~vE~ _ ,_TIM HEPPER, P!Z AYOR CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ,qpR 2 3 1996 BOB CORRIE, M C/C RONALD TOLSMA SETTLERS IRRIGATION DISTRICT , CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT~.L~ ~,~ '~iERID1A~n~ WALT MORROW, C!C U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT] GLENN BENTLEY, C/C WATER DEPARTMENT PLAT) L BUREAU OF RECLAMp,T10N(PRELIM 8~ FINA SEWER DEPARTMENT / - CITY FILES ~ / f ~ ~9 to ' ` ~ UILDING DEPARTMENT '1 l~ OTHER: ~FlRE DEPARTI1AEIdl" -~ YOUR CONCISE REMARKS: POLICE DEPARTMENT ' r ~•~ ' L ~- ~ ~ L RI G ~ `~ `~~-' CITY ATTORNEY R CITY ENGINEE ITY PLANNER ~ ~ r ~ ~ i:e~ C ~~ ~~ y t oc~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: James and Donna Haskin and Mayme Green 3140 E Franklin Rd Meridian, ID 83642 FROM: Karen Gallagher, Coordinator 1 Development Services Divisi SUBJECT: MA-2-96 Eagle Rd and Franklin Rd REcE~vEp MAY 2 4 199E CITY OF MERIDIAIu May 23, 1996 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on May 22, 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 ?o~D ce and Assoc • ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA OUNTY HIGHWAY DI RICT Development Services Division Development Application Report MA-2-96 Eagle Road and Franklin Annexation into Meridian City of Meridian The applicant is requesting annexation into Meridian with a change in the zoning designation from RT to C-G. The 4.11-acre site is located on the northwest comer of Franklin Road and Eagle Road. This development is estimated to generate approximately 400 to 1,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual (depending upon the use). Roads impacted by this development: Eagle Road Franklin Road ACHD Commission Date -May 22, 1996 - 7:00 p.m. ~ ~, • ,'v ,~ r '. ;,;: ~: • • ~~ ~~ ; ~' ~c ~•4 ~ r.. yw.. ~ ~.+~ +~ y1' v c • rk r t `!~' . ,' • ~,'. ' ' ~ ~ ~. ~ ~~ ~ ~ . t - :,; l r V.' ~ ~ l.i: ~ i °I . ~. • ' l.. .. .'Y • .,• x „ .. ~•,• ~~~: .. I ~7 ID ~~ ~.1 35 ~ • :I; «I S~ - ~. I, ,, ~ ~ J = 3no \~,.. k K K ,~ lV ., ycRA N ~~~ ~~ ~ S:E. CORNER ' TT SEC. B AD.4 COUNTY ASSESSOR'S OFFICE BOISE, IDAHO R•~•~•d~ """ t f i • • Facts and Findings: A. General Information RT -Existing zoning C-G -Requested zoning 4.11 -Acres 0 -Total lineal feet of proposed public streets 267 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District State Highway 55 (,ale Roadl Principal arterial with bike route designation Traffic count 23,385 on 6/14/94 150-feet of frontage (approx) 140-feet existing right-of--way Comply with ITD for required right-of--way (ACHD Development Services staff recommends that ITD require a total right-of--way of 200-feet for this section of Eagle Road. It is expected that this right-of--way would accommodate the future construction of an urban interchange at the Eagle Road/Franklin Road intersection). Staff recommends that the Highway District enter into an agreement with ITD to determine how the additional right-of- way will be purchased. Eagle Road is improved with five traffic lanes with no curb, gutter or sidewalk. Franklin Road Principal arterial .with bike route designation Traffic count 8,629 on 11/20/95 796-feet of frontage 80-feet existing right-of--way (40-feet from ultimate street centerline) 200-feet required right-of--way (100-feet from ultimate street centerline) Franklin Road is improved with two traffic lanes with no curb, gutter or sidewalk. B. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Please submit application materials to ITD for review and requirements of that Department. Contact District III Traffic Engineer Gary Moles at 334-8340. C. There are two single family residences and out-buildings currently located within the proposed annexation area. D. In accordance with District policy, staff recommends that the applicant be required to provide a $6,766.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5- foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 796-feet) MA296.WPD Page 2 prior to issuance of an• quired permits or District a royal of"a final lat, whichever PP P occurs first. E. There are two residential driveways and one driveway which serves a barn located within the area proposed for annexation. Staff estimates that an urban interchange at this intersection would prohibit any driveways closer than 660-feet to Eagle Road. The existing driveways will be required to be eliminated prior to construction of the urban interchange. No new driveways on Franklin Road should be permitted with this application within 660-feet of Eagle Road. An engineering firm is currently under contract with the District to develop a conceptual design, for a urban interchange for the Eagle Road/Franklin Road intersection. This conceptual design will refine the right-of--way requirements and access restrictions. F. 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 and due to the driveway limitations which will be caused by the future construction of the urban interchange, staff recommends that the applicant provide a recorded cross access easement between all the parcels within the annexation area and to the parcels to the north and west prior to District approval of a final plat, 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 north and west if they are the subject of a future development application. G. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. H. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on May 14, 1996. Special Recommendation to ITD: 1. Require the applicant to dedicate 100-feet of right-of--way from the ultimate street centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to annexation approval, issuance of a building permit (or other required permits), whichever occurs first. The extra width is needed to accommodate the future interchange. 2. Direct lot access to Eagle Road should be prohibited. If the annexation is approved and the District receives a development proposal, the District will provide the following recommendations, in addition to any additional recommendations that may app~~upon District review of future developmen , to the City of Meridian: Site Specific Requirements: 1. Dedicate 100-feet of right-of--way from the ultimate street centerline of Franklin Road abutting the parcel (60 additional feet) by means of recordation of a final subdivision plat or MA296.WPD Page 3 execution of a warraneed rior to issuance of a buildin • t or ty p g p ( 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 ACRD Ordinance #188. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Gary Moles at 334-8340. 3. Provide a $6,766.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 796-feet) prior to issuance of any required permits or District approval of a fmal plat, whichever occurs first. 4. The existing driveways shall be eliminated prior to construction of the urban interchange. New driveways on Franklin Road shall be restricted as determined by the conceptual study for the urban interchange currently under contract. 5. Provide a recorded cross access easement between all the parcels within the annexation area and to the parcels to the north and west prior to District approval of a final plat, 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 north and west if they are the subject of a future development application. 6. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 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 request snail De submitted to the ll1 trict no later than 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. MA296.WPD Page 4 • • 'L. 3. 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 minirnum fee of $110.00. The request for reconsideration shall specifically identi each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 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. 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. Development Services Staff MAY 2 2 199 MA296.WPD Page 5 Return to: ^ Boise APR ~ Q 199 ^ Eagle Rezone # ~ ~- ~ ^ Garden city Conditional Use # ~I'D`tf ~:~~ 1AEFIIDIA~s ~Nleridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. . ^ 11. 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 ^ beverage establishment ^ grocery store ^ I S. Date: ~/ .z- / I'4~ Reviewed By: /.~'h Review Sheet CDHD 10/91 rcb, nr. I/95 CENTRAL CENT~L DISTRICT HEALTH DEPAR'11~ENT •• DISTRICT Environmental Health Division ~1'HEALTH REGE~UE DEPARTMENT ~EcE~vE~ MAY 0 1 1996 t:;l~" ~~ ~IERIDIAI~ I~~~~A p ~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 9 Apri 1 19 9 6 OFFICE: Nampa 466-7861 Boise 343-1884 Clty 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. The District will have comment when this parcel is developed, Snyder Lateral cources through the parcel. Sincerely, Bill Henson, Assistant 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 RONA~ W. VAN AUKET~, INC. PHONE (208) 887-7994 /WATTS 1-800-967-3905 3084 EAST LANARK MERIDIAN, IDAHO 83642 ,~., - .. - t .r April 26, 1996 Mr. William G. Berg City of Meridian, City Clerk 33 E. Idaho Avenue Meridian, ID 83642 CITY ~~' ~~~ir•F~~ Re: Annexation and Zoning Application of James and Donna Haskin and Mayme Ellen Green Dear Mr. Berg: We are in support of the above referenced Annexation and Zoning Application provided that the applicant is required to hook up to the sewer and participate in the costs of extending the sewer through either an initial pro-rata contribution to the cost or through the payment of late-comer's fees. Sincere) , Bradley E. Miller 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 Z3/p~ cy z HUB OF TREASURE VALLEY /~ COUNCIL MEMBERS A Good Place tar Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF 1V~~RIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHU 83642 P ~ Z COMMISSION Phone (208) 888-4433 • PAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding De~ertment (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers lutxnse-(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 5< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: _INay 7, 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/ REQUEST: _Reauest for Annexation/Zonir>~ to C-G BY: James 81 Donna Haskin and Mayme E9en Green LOCATION OF PROPERTY OR PROJECT: NW corner of Eaale Road and Franklin Road JIM JOHNSON, P/Z MERIDIAN: SCHOOL DISTRICT ~MAI'.COLM MACCOY, P/Z ~ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 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 8r FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT ~ • S/~tc°E Tim ,42E,r4- T/•f/s° T~i2oP.~~zi ~s Lo~,~ CITY ATTORNEY ~' ,«~.~.Q..~y ~y/~~ ,co,~'!L/4i~- T_iclat~s; CITY ENGINEER ~oill~i~tl,' _ ~ ~~ ~c m,t3~,~Qy-tp,~ 02 CITY PLANNER ['~~.vht'~..~s3 ~a.~-n<.~~i~i r,~e~ ~,r~ _ is -~ ,_ . ~'?EGE~vED ~~`~~1?199~ i~ ~~ vIT~ +~~ 119ERIDIAN MAY 14, 1996 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 Re: NORTHWEST CORNER EAGLE RD. & FRANKLIN , S.H.-55 MA-2-96 Dear Sirs, The Idaho Transportation Department has reviewed this application. Access will be prohibited from Eagle Rd. Thank you for giving us this opportunity to respond on this matter. If you have any questions please call Lou Sanchez at 334-8327. Sincerly; ' \ W Gary W Moles,P.E. District Traffic Engineer GWM:LRS ars - An Equal Opportunity Employer - • 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 MAYOR CORRIE (TIE BREAKER) (INITIAL) ,_ APPROVE DISAPPROVED. VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - f . • ' ~~~~ JUL 1 6 139 (~1'Y~ MERIDIAN d/"~ DECLAfir~,TION OF FEST:.ICTIONS SEA OF SECTION S, T. 3N. R lE., 8.~1. Dated: February 2;, 1962 F.~corded: February 23, 1962 Instrurler.t No. 522559 tdhereas, Glenn E. Green and :Iaymc Ellen Green, h~.^.a, ~:re the o:~:ner: of that certain tract of land designated as -- part of the SEA of ~ec~.:.:. 3, T. 3N., R, lE., B.ri., in Ada County, Stage of Idaho more particularly described as follows: Beginning at the corner co:::mon to :section `;,~),;i;, .:nc1 1.7, T. :;il. .. B.Ti.; tllcnce rlinllin„ alOll~ the :;Ot1Cl1 iJai.' O~ :iCCC~.~,^, ti, .;Uil~t: ,; `J° ~i~!' ... J , -, 7~7.3i) fCCL' t0 ChC rCal pl.acc O~ ~?~„111n::iJ;; ti1Cl:Gi: 1~:nrciC.;; 'O:1'; L'i:C :.:.;:'_ 1 inC Of JCCtl.On J, JOUth :~~~° 32' T?L :.t i 343 . ~0 fCC ~; Lti.Ci:CI •~..~ :_.i U ;i:~ ~ : ~'• t•?est 414.21 feet; the:lce South ;9° 32' East 1;;'.32 ;: c_:ce 5;,,:th ,'~ ' East 51.41 eet; to ,_ feet; thence South 74° 5u' ~;:st 33.54 fee,., the:lce .c, iv t: .. ~ ,;~:~ East 110.30 feet; thence South 72°37' rst 252.50 feet; thence ~outa ;,'''= ~' East 172.93 feet; thence South 7°04' East i41.5G feet; thence :.oath ":~`~~' East 259.2S feet; thence South 64°15' East 44.33 feet; thence ::oath 43`'";y East 150.12 feet; thence South 26049' East 69.93 feet; thence South G° =;' East 23.43 feet to the real place of beginning. jJhereas the said owners intend to divide the hereiaabove descri~c:: •~eai property into building sites, and to se1'_ lots and buildir.~ sites therei:, Subj2Ct t0 protective reStr1Ct1017S, CCnUlt10P.S, 11T.itatlOIIS, reservations, and covenants, hereinafter referred to as "protective restrictions" in order to insure the ^ost oeneficial developlrent of said area principal'_y as a residential developr,.er.t and to present any such use thereof as might tend to diminish the valuable or pleasurable enjoyment thereof. iioca tnere~ore, said oc~rners hereby declare that the follo~aino protective restrictions are hereby ixposed on the hereinabove described real property for the use and benefit of each and every indi~ridual parcel thereof, e:tisting or to be created, and are as folloera, to wit: ` 1. (iZESTRICTION AGAIi~ST DUSII\?SS USE) The Grantee or Grantees, u: der any conveyance, shall not at any time conduct, or permit to be conducted on said premises, any trade or business of any description, nor shall ::aid premises be used for any other purpose cohatsoever except for the purpose of a private dwelling or residence. ' 2. (;PPZGVAL OF DESIGN AND LOC~':TiON OF BUILDING) No building or ir:prove- :::e:~t of a .y :;lad snail be erected, r:,oved onto, or r::aintaired on the prar.:ises `.le:-ein described u:til the design and location thereof has first been ::ub- .:itted to, and approved in writing by, the owners, their agent, or a co-;aittee r.npointec; by the said owners, or upon relinquishment oL all lots by sal:: owners, then by a Committee elected by the ocuners of record of a majority of lots in said property. Eefore mentioned committee shall act upon any request (continued) . ~ r Instru:;ent No. 522559 p,, ro ~ `• u for approval of plans w~.thin 15 drays of such submission to the:. In the event that SL1C11 CO::~littCe ].:; riot In e::lStenCC, the dC :i.~n sh~.ll bC '~ri i1.ZrCi:Ony i•Iith other dwellin^s in the tract. In any case, no d~~ellinS shall have a ground floor area less than 1200 squaro feet in the case of a owe <^..d one-half or two story structure, exclusive of garages, porches, and ter.:c:::, not under the main roof. ~;ot more L-han ore single-fa:,~iiy d~•,ell ing, with garage bull 4`_ng, and ore west house shall be built upon any one lot. A west house a: used herein is defined as any small structure used e:-.clusively for ~::terdi~:~ the lodging accommodations of the oc•.ner's fa,::iiy or guests, but no;: including a kitchen or cooking facilities. No trailer, tent, shack, Ga_aJe, barn, or other outbuildin; shall_ at any time be used as a residence ter;po_arily or per,;:anently. 3. (;;UILDING LINE AND SIDE LINE RESTRICTIO\) No b~.:ilding o•~ ~^p_over..ent o:: any l:ird shall be erected on any lot nearer than tlziLty (3C) feet to the font lot line, nor nearer than five (5) feet to any side line e::cept that where the surface of the natural Ground at fifty foot distance,-.:ensured from tae front lot line is seven feet or Wore above or below the center line o~ the street on which the lot faces, a garage may be built within. five (5) feet of Said Street; or when a garage is located or. the rear half of any lot, the side line restriction shall not apply. <<. (EASE`%NT FOP. PUBLIC UTI.~ITIES: RESERVhTIOIQ OF P.IGNT-OF-1•IAY) The said c~•Jners hereby etipressly reserve from said premises an easement in a strip of lard ten (i0) feet wide along the rear line and five (5) feet along the side iir.es of said premises, to erect poles thereon to support :wires for the trap:,-fission of electricity for lighting and other purposes, and nor the construction and caintenance of open culverts for the purpose of corveyino surface ~•rater in ail amount not to a:~ceed two second feet of ~•~ater (miners ::ensure), and to construct, operate, and maintain pipe lines, sewers, drains, water pipes, telephone lines, or conduits under the surface o€ said reser- vation for any lawful purpose whatsoever; no structure shall be built upon the property affected by said reservation of ri,cht-of-way, and said property shall at ail times be open to the Corporation and any public service Cor- poration ~•~hich may require the use of said right-of-sway. 5. f,:tlNli•:U,1 OF FRONTAGE AND AREA) No building site shall be _esubdivided into building plots having a street frontage of less than eighty(~C) feet anu ar, s:: ea of less than ~GCO scuare feet, and then only with the written consen~ o° ".e owners, or the duly appointed or e~i:.tin~ architectural control co:::ittec as hereinbefore provided; nor shall any improvement or builditr~ be erec;:ed or. any building plot having an area and frontage less than as above stated. (continued) ~; s Instrument No. 522559 Page 3 • 6. (SEiJAGE DISPOSAL) Pendin,^, ~1val].~lbility of public sc~Jer :, sc~r:.;;e di ;- posal shall. be effected by ;,,cans of indivi.clual septic tanks (or other equally sanitary structure for the storage or disposal of sewatie); tl:~:. type of tank, its construction, location on lot, and tilc di.~po:sal fi..:c: or cesspool shal] be approved in writing by the Ada County Health :~ut::.rities. 7. (LIVE-STOCK RESTRICTIONS) No livestock except domestic cats. ::^c dohs, or a maxir,,u;,~ of two (2) coc~~, or tc:o (2) horses or four (4) sheep sha:._ be maintained on any of said protected area lots. 3. (FENCE RESTRICTION) IQo fence or hedge shai: be erecc~~ o~ ~1 ~~ to grow to a height exceeding three (3) feet, nearer any street than .he _rty (30) foot set-back line, and i.n no case shall any lot line fence ~-: 1:: :er than six (G) feet. 9. (TITLES SUliJECT TO P.ESTRICTIONS) Nothing co.-.ca:,.c:: in c::a ~_r.r~tion shall impair or defeat the lien of any mortgage or deed of trust -:.,ce _n tiood faith and for value, but titles to any proper~y subject ~o ~:::.s _.:ir:r- ation obtained through sale in satisfaction of any suet; 7ort~~^e o~: deg:; of trust shall there-after be held subject to al_. of -the-prot~c.cive. r..st_ ~ . ~:ons hereof. 10. (%INDING EFFECT OF P.ESTt.ICTI0:1S; DUc~1TI0\; AU'i0i<;TI~ .:.:.~~ Tize foregoing protective restriction, shall be deer..e~ to be ccv~n~.zt: ru:,nin; with tl~e land and shall be bindin; on al' the parties ~~ :;: al: person:-, claiming under then, for a period of tc:e:tty (%•~i) years =rom a after January i, i9G2, at which time said protective re.~r:ict:or.•, sht automatically be renewed for an additional perioel o~ ccaenty (2~) yca~., unless 75% or more of the Owners of record, at that date, atiree i:. writing to chanties or amendments; such chances to be made in a laca~u] manner. li. (ENFORCEP~NT OF RESTRICTIONS) Each and all of the protective restrictions shall be enforceable by injunction or by other forms of action available to the parties aggrieved, or to the oc•~ner, or their successors in interest. Invalidation of any one of these protective restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands this 28th day of Fehruary, 19G2. STATE OF IDAHO ) ) SS County of Ada ) On this 28th day of Feb. 1962, before me, the undersi^ned, a ;;: -y Pudic in znd for said State, persanaily appeared GLEIv';\1 E. GREEti :;nd .~•.:':W ELLEN GREEN, husband and wife, known to me to be the persons whose are subscribed to the foregoing in:>trur,,ent, and acknowledged to me executed the same. IN LdITNESS WHEREOF, I have hereunto set my hand and affixed cn n.::,c th.: ~ they orficicl ~ • r MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 11,1996 APPLICANT: JAMES & DONNA HASKIN AND MAYME AGENDA ITEM NUMBER: 6 ELLEN GREEN REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION20NING 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: r~- r~~' ~~~ ~~~~ ~ C ass °~ ~° F OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r i MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: MAY 14 1996 APPLICANT: JAMES 8~ DONNA HASKIN AND MAYME AGENDA ITEM NUMBER: 9 GREEN 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: COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: ~I Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY HIGHWAY DISTRICT Development Services Division ~~ Development Application Report MA-2-96 Eagle Road and Franklin Annexation into Meridian City of Meridian The applicant is requesting annexation into Meridian with a change in the zoning designation from RT to C-G. The 4.11-acre site is located on the northwest corner of Franklin Road and Eagle Road. This development is estimated to generate approrunately 400 to 1,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual (depending upon the use). Roads impacted by this development: Eagle Road Franklin Road ACRD Commission Date -May 22, 1996 - 7:00 p.m. La ark ITE Franklin a~ 0 N ~ (0 184 e s ;, :: ~ ; . 14 : ~ • . ~ ~~ '. ~. 4.:. _ vi ~ , j ~ tt , ~ y , , t r+ A~ ' .c. .~f . 1i ~ .G ~ - - :; '. ~ry h.~ i •~~ . I~ ~ '~ 1 i ~~ ~ t ~ ., ~. ' s~ :~~ ;.,. ~ .. ~~ (.: ~' n. ' ~. /. ~ f r 35 ~~ 3~0 ~I' l _ _ R ' 'BR'A W K{re~ R~ v SEC. B AD.4 COUNTY ASSESSOR'S OFFICE BOISE, IDAHO R•~~%-1i " 6~~~ ~~ ~~ `~~ ~ • Facts and Findings: A. General Information RT -Existing zoning C-G -Requested zoning 4.11 -Acres 0 -Total lineal feet of proposed public streets 267 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District State Highway 55 (Eagle Roadl Principal arterial with bike route designation Traffic count 23,385 on 6/14/94 150-feet of frontage (approx) 140-feet existing right-of=way Comply with ITD far required right-of-way (ACHD Development Services staff recommends that ITD require a total right-af-way of 200-feet for this section of Eagle Road. It is expected that this right-of-way would accommodate the future construction of an urban interchange.. at the Eagle Road/Franklin Road intersection). Staff recommends that the Highway District enter into an agreement with ITD to determine how the additional right-of- way will be purchased. '' Eagle Road is improved with five traffic lanes with no curb, gutter or sidewalk. Franklin Road Principal arterial with bike route designation Traffic count 8,629 on 11/20/95 796-feet of frontage 80-feet existing right-of--way (40-feet from ultimate street centerline) 200-feet required right-of--way (100-feet from ultimate street centerline) Franklin Road is improved with two traff c lanes with no curb, gutter or sidewalk. B. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Please submit application materials to ITD for review and requirements of that Department. Contact District III Traffic Engineer Gary Moles at 334-8340. C. There are two single family residences and out-buildings currently located within the proposed annexation area. D. In accordance with District policy, staff recommends that the applicant be required to provide a $6,766.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5- foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 796-feet) MA296.WPD Page 2 prior to issuance of anyuired permits or occurs first. District approval o~final_ plat, whichever E. An engineering firm is currently under contract with the District to develop a conceptual design, for a urban interchange for the Eagle Road/Franklin Road intersection. F. There are two residential driveways and one driveway which serves a barn located within the area proposed for annexation. The urban interchange at this intersection would prohibit any driveways closer than 660-feet to Eagle Road. The existing driveways will be required to be eliminated prior to construction of the urban interchange. Nt~, new driveways on Franklin Road should be permitted with this application within 660-feet of Eagle Road. G. 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 and due to the driveway limitations which will=<=be caused by the future construction of the urban interchange, staff recommends that the. applicant provide a recorded cross access easement between all the parcels. within the annexation area and to the parcels to the north and west prior to District-approval of a final plat, 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 north and west if they are the subject of a future development application. H. The transportation system .will be adequate to accommodate the additional traffic generated by this proposed development. I. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on May 14, 1996. Special Recommendation to ITD: Require the applicant to dedicate 100-feet of right-of--way from the ultimate street centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to annexation approval, issuance of a building permit (or other required permits), whichever occurs first. The extra width is needed to accommodate the future interchange. 2. Direct lot access to Eagle Road should be prohibited. If the annexation is approved and the District receives a development proposal, the District will provide the following recommendations, in addition to and additional recommendations that may annly upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 100-feet of right-of--way from the ultimate street centerline of Franklin Road abutting the parcel (60 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- MA296.WPD Page 3 way from available impafee revenues in this benefit zone. If tl'ie 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. Comply with requirements of ITD for State Highway 5~ (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Gary Moles at 334-8340.: 3. Provide a $6,766.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 796-feet) prior to issuance of -any required permits or District approval of a final plat, whichever occurs first. 4. The existing driveways shall'.. be eliminated., prior to construction of the urban interchange. No new driveways on Franklin Road within 660-feet of Eagle Road shall be permitted with this application. 5. Provide a recorded cross access easement between all the parcels within the annexation area and to the parcels to the north and west prior to District approval of a final plat, 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 north and west if they are the subject of a future development application. 6. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The retest shall ~ecifically identi , each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequ~. The written request shall be submitted to the District no later than 9:00 a.m. on the 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 MA296.WPD Page 4 shall include a minimum fee of $110.00. • identify each requirement t be reco . idered and include written documentation of da a that w~s_not available to the Co mi ion at the tim of its-ougi_nal decision. 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 meetin~,at which the reconsideration will be heard. 3. 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 ACRD 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. 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 obfam 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 Commission Approval: Development Services Staff MA296.WPD Page 5 MAY. -14' 961TUE) 15~ II D[ST. 3 P~1Y'ROLL TEL ~ 208 33~1~1' P. OO I ~.c~ ~_' ~ r~`~v P ~ 2 rn.~. .~-~ MAY 14, 1996 ~ , ~. , . .. ~f ;,lt Meridian planning and Zonin Commission ~~ g 33 East Idaho Street Meridian, Idaho 83642 Re: NORTHWEST CORNER EAGLE RD. ~R: FRANICLrN , S.H_-55 MA-2-9b Dear Sirs, The Idaho Transportation Departmem has reviewed this application. Access will be prohibited from Eagle Rd. ?bank you for giving us this opportunity to respond on this matter. Ifyau have any questions please call X.ou Sanchez at 334-8327. Sincerly; W Gary W Moles,P.E. District Traffic Engineer GWM:LRS:irs - An Equa! O,oportun;ry Employer . TRANSPORTATION bEPARTMENT D1S RlGT 3 P, O. ®OX 8Q26 BOISE. ID + 89707-ZO?8 • (2pg) 33A-8300 .. __ ,. • • AFFIDAVIT A PUBLIC NOTICE WAS POSTED TO THE SUBJECT. PROPERTIES ON MAY 2, 1996. THE NOTICE WAS THE SAME PRINTING AS THE NOTICE OF HEARING WHICH WAS PUBLISHED IN THE VALLEY NEWS ON APRIL 25, AND MAY 2,.1996. (See attachment) E. DALE OWNBY DATED ih and Welfare, Department of Environmental Quality, lion of the above property is on file ~t of such testing down to local govemmentals an in the City Clerk's officeatMeridian rs. The City must pass the cost of such testing to City Hall, 33 East Idaho Street, and ore each water rt„ser shall be charged a monthly wet is available for inspection during until the Department of Health and Welfare, regular business hours. ~ironmental Quality amends or retracts this testing: FECTIVE DATE: WHEREAS, there is an emergency :agency is hereby declared to exist, this Ordinance and effect from and after its passage, approval and .g to law. 'PROVED this 16th day of April, 1996. JR. -CITY CLERK CITY OF MERIDIAN ROBERT D. CORRIE -MAYOR A copy of the Application is avail- able upon request. Any and all in- terested persons shall be heard at said public hearing and the pub- lic iswelcome and invited to submit testimony. erase persons s e ear a said public hearing and the public fs welcome invited to submit testimony. Dated this 25th day of April, 1996. WILLIAM G. BERG, JR. CITY CLERK Publish April 25 and May 2, 1996. Dated this 25th day of April,1996. WILLIAM G. BERG, JR. CITY CLERK NOTICE OF HEARING Publish April 25 and May 2, 1996. May 2, 1996. FARING iEBY GIVEN nances of the 1 the Laws of [hat the Plan- ommission of n will hold a Meridian City Street, Merid- ~r of 7:30 p.m., the purpose of faring the Ap- ;aAuto Sales, se Permit for rnment Lot 1, R.1 E, Boise ~y, Idaho, and ~erally located at. The Appli- .nditional Use °les lot, auto NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Plan- ning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Merid- ian, Idaho, at the hour of 7:30 p.m., on May 14, 1996, for the purpose of reviewing and considering the Application of Jerry Cobler, for a Conditional Use Permit .for land located in the Lot 2, Block 1 of Meridian Place Subdivision No. 1, Boise Meridian, Ada County, Idaho, and which property is generally lo- cated at 1155 Chateau Drive. The Application requests a Conditional Use Permit for a Child Care Center to serve up to 25 children. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Plan- ning and Zoning Commission of the Cily of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Merid- ian, Idaho, at the hour of 7:30 p.m., on May 14,1996, for the purpose of reviewing and considering the Ap- plication of Richard Johnson, for annexation and zoning of approxi- mately 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 re- quests atone of C-G, Commercial General. legal descrip- ,erty is on file ~e at Meridian no Street, and t:ction during yrs. ;anon is avail- ,nyand all in- ~all be heard and the pub- ited tosubmit of April,1996. 1R ~~tay 2,1sss. A more particular legal descrip- tion of the above property is on file in the City Clerk's officeatMeridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is avail- able upon request. Any and all In- terested persons shalt be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of April, 1996. ? 111w1 ;. ~~;;~. WILLIAM G. BERG, JR., CITY CLERK A more particular legal descrip- tion ofthe above properly is on file in the City Clerk's officeatMeridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copyof the Application is avail- able upon request. Any and all in- terested persons shall be heard at said public hearing and the pub- lic Iswelcome and invited to submit testimony. Dated this 25th day of Apri1,1996. WILLIAM G. BERG, JR. CITY CLERK Publish April 25 and May 2, 1996. NOTICE IS HEREBY GIVEN pursuant. to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Plan- ning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Merid- ian, Idaho, at the hour of 7:30 p.m., on May 14, 1996, for the purpose of reviewing and considering the Application of James 8 Donna Haskin and Mayme Ellen Green, for annexation and zoning of ap- proximately 4.11 of land located in the SE 1/4, SE 1/4 of Section 8, T.3N, R. 1 E, Boise Meridian, Ada County, Idaho, and which property is generally located on the North- west comer of Eagle Road and Franklin Road. The Application re- quests atone of C-G, Commercial General. A more particular legal descrip- tion of the above property is on file in the City Cleric's officeatMeridian City Hall; 33 East Idaho Street, and is available for inspection during regular business hours. A campy of the Application is avail- able upon request. Any and all in- terested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of April, 1996. WILLIAM G. BERG, JR. CITY CLERK Publish Apri125 and May 2, 1996. The Valley News P.Or Box 299 Meridian; :~D $:~0 t~ie8ou~-easf -. rofSE T. 3N., R. IVI~x;=~~i1. Ada c Idaho, and fr>~,y,`particul~ scribed as f ,` i Beginning at'~ ~ section common to Sectlort81;12 and the said. SIGUt 2; thence North $8°33'4¢' Wc~ distance of 58A.9Q-feet alc Southerly boundary of the Southeast quarter of Sec which is also the centerline Cherry Lane, tq a point; thence North 00°26'14' E~ distance of 622.28. feet to on the centertlrp ~ of Kash Avenue; thence South 89°33'46' E~ distance of 563.08 feet alc centerline extended centerline of North Linder thence South 00°16'08' W distance of 622.29 feet al: said centerline of North Lind. to >he Point of Beginning. be, and the same is rezon. Cow Density Residential (F Limited Office, (L-0), to Nc. hood Business District, (C- Section it-2-425, Official Maps are hereby amends flea the same: ~• Section 2. That the props: be subject to rezone back and L-0 if the owner, Appi. its assigns, heirs,. or succ shall not meet the requir. contained in the Flndings and Conclusions of Law, tt, nances of the Cfty of Meric. representations made by AI. or its agents, and of this Ord: This Ordinance ls, in fact, boned on the Applicant n+ performing and complying of the representations mad. Application, all documents :. led by Appficartt as part of it: cation, and all ~'represem made by 'the Applico Applicants agents. That . ommendatlons and requir. of the City must be met, ina but not limited tp, entering development agreement. Section 3. Thatthe Clty Cleo cause one (1) `copy of the description, ertd reap, whic~ plainly and dearly design4 boundaries of saW property flied with the AdeCounty Rey Ada County Assessor, a. State Tax Commission wilt. Continued oA P;;ge 17